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1) |
Section |
Amend Chapter Numbers: |
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1-7-9 |
245 and 265 |
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1-7-9.
Sunset provisions. -- On or before
January 31, |
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2) |
Section |
Amend Chapter Numbers: |
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3-5-16 |
27 and 31 |
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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 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. |
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3) |
Section |
Amend Chapter Numbers: |
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3-5-27 |
82 and 105 |
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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 (b) The department shall, on or before
the first day of February in every year, make available on its website,
a report |
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4) |
Section |
Amend Chapter
Numbers
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3-7-6.1 |
256 and 280 |
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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 (b) The department of business
regulation shall promulgate rules and regulations requiring that all licenses
issued pursuant to this section meet the following minimum (1) All persons who sell or serve
alcoholic (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, (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) (5) All persons identified under
subsection (b) (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 (c) Only alcohol server training
programs that meet the following criteria as determined by the department of (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 (1) Training in all basic information,
as outlined in (2) Training in preventing sales to
underage drinkers, including training in detection of fraudulent (3) Training program is designed to
periodically verify that a trainee has reviewed and obtained a working
knowledge of information presented through the (e) (1) Testing procedures, test
content, and grading procedures shall be approved by the department of (2) Training programs, pursuant to
rules and regulations promulgated by the department of (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 (2) For violations within a (3) For violations within a (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, (h) The respective departments shall
promulgate said regulations no later than October 1, 2005. The department of |
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5) |
Section
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Amend Chapter Numbers |
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3-8-12 |
97 and 109 |
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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 |
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6) |
Section |
Amend Chapter Numbers: |
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3-12-1 |
260 and 275 |
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3-12-1. Duty of deputy sheriffs, town
constables, and police officers -- Action on taxpayer's demand. -- Members of the division of
sheriffs, |
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7) |
Section |
Amend Chapter Numbers: |
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3-12-3 |
260 and 275 |
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3-12-3.
Entry on licensed premises -- Arrest without warrant -- Evidence of unlawful
sales. -- The mayor and council of
any |
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8) |
Section |
Amend Chapter Numbers: |
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4-1-12 |
260 and 275 |
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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 |
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9) |
Section |
Amend Chapter Numbers: |
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4-1-20 |
260 and 275 |
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4-1-20.
Duty of police officers -- Fines paid to society for prevention of cruelty to
animals. -- Any deputy sheriff, town
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10) |
Section |
Repeal Chapter Numbers: |
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4-5-7 |
60 and 64 |
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4-5-7. [Repealed.] |
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11) |
Section |
Repeal Chapter Numbers: |
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4-5-8 |
60 and 64 |
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4-5-8. [Repealed.] |
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12) |
Section |
Repeal Chapter Numbers: |
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4-5-10 |
60 and 64 |
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4-5-10. [Repealed.] |
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13) |
Section |
Repeal Chapter Numbers: |
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4-5-11 |
60 and 64 |
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4-5-11. [Repealed.] |
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14) |
Section |
Repeal Chapter Numbers: |
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4-5-12 |
60 and 64 |
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4-5-12. [Repealed.] |
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15) |
Section |
Repeal Chapter Numbers: |
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4-5-13 |
60 and 64 |
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4-5-13. [Repealed.] |
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16) |
Section |
Amend Chapter Numbers: |
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4-5-14 |
60 and 64 |
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4-5-14.
Quarantine of imported cattle -- Intradermic test. -- If after the |
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17) |
Section |
Repeal Chapter Numbers |
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4-10-9 |
171 and 198 |
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4-10-9. [Repealed.] |
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18) |
Section |
Amend Chapter Numbers: |
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4-10-11 |
171 and 198 |
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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) |
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19) |
Section |
Amend Chapter Numbers: |
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4-13.1-2 |
160 and 183 |
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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 (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 (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 (v) No dog may be declared vicious if an
injury or damage was sustained by a domestic animal (7) "Guardian" shall mean a
person(s) having the same rights and responsibilities of an (8) "Muzzle" means a device (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, (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. |
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20) |
Section |
Amend Chapter Numbers: |
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4-13.1-5 |
160 and 183 |
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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 (b) No person shall possess with intent
to sell, or offer for sale, breed, or (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 |
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21) |
Section |
Amend Chapter Numbers: |
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5-1-10 |
82 and 105 |
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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 |
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22) |
Section |
Amend Chapter Numbers: |
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5-1-11 |
82 and 105 |
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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 (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). |
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23) |
Section |
Amend Chapter Numbers: |
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5-2-4 |
260 and 275 |
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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. |
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24) |
Section |
Amend Chapter Numbers: |
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5-3.1-4 |
82 and 105 |
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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, (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 (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 (e) The board shall (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, (g) The promulgation of any rule,
regulation, or amendment to it under subsection (f) of this (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, (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 (k) The board shall adopt rules and
regulations to implement substantial equivalency as set forth in §
5-3.1-7(g). |
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25) |
Section |
Amend Chapter Numbers: |
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5-8-3 |
82 and 105 |
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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 (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 (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. |
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26) |
Section |
Repeal Chapter Numbers: |
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5-8-16 |
82 and 105 |
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5-8-16. [Repealed.] |
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27) |
Section |
Amend Chapter Numbers: |
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5-8.1-8 |
82 and 105 |
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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, (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, |
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28) |
Section |
Amend Chapter Numbers: |
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5-8.1-10 |
82 and 105 |
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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) |
|
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 (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 |
|
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 (2) In the case of a pharmacy, (3) In the case of a pharmacy,
manufacturer, or wholesaler (i) A sale, lease exchange, or other
disposition of (ii) A merger of the corporation into
another corporation; or (iii) The consolidation of two (2) or
more (iv) In the case of a pharmacy,
manufacturer, or wholesaler (v) In the case of a pharmacy,
manufacturer, or wholesaler (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, (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, (3) Substances (other than food)
intended to affect the structure or any function of the body of man, (4) Substances intended for use as a
component of any substances specified in subdivision (1), (2), or (3) of this
subsection (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 (2) A student who is enrolled in at
least the first year of a professional (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. |
|
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 (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 (c) "Collaborative pharmacy
practice" is that practice of pharmacy whereby a (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 (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. |
|
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 (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; (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 |
|
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 (2) "Department" means the
state department of health. (3) "Doctor of |
|
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 (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 |
|
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 (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 (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 |
|
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 (2) Continuing education hours will be
accepted by the department for course work (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 (b) No |
|
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 (d) A 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 (9) Engaging in any dishonorable,
unethical, or unprofessional conduct (10) Using any false or fraudulent
statement in connection with the practice of acupuncture or any branch of
acupuncture; (11) (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" (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 (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 |
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56) |
Section |
Amend Chapter Numbers: |
|
|
5-51-11 |
82 and 105 |
|
|
|
5-51-11.
Seals -- Rubber stamps. -- (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. |
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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 (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). |
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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 (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. |
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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 (2) Consumers and those with whom they
communicate (b) A purpose of this chapter is to
provide minimum qualifications for interpreters and to ensure the health,
safety and welfare of the public. |
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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 (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. (10) "Interpreting (11) "Intermediary
interpreting" means interpreting services rendered by a deaf person to
facilitate communication between another deaf person and a licensed
interpreter. (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. (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. |
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61) |
Section |
Amend Chapter Numbers: |
|
|
5-71-5 |
164 and 188 |
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|
|
5-71-5.
Board of examiners -- Duties and powers -- Meetings -- Compensation of
members. -- (a) The (b) The department shall conduct
hearings and shall keep records and minutes that are necessary for the
orderly dispatch of business. (c) The (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 (e) Regular meetings of the board shall
be held, and special meetings may be (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 (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 |
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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 (1) Is
of good moral character; (2) Meets the (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. |
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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 (b) No person shall practice or hold
him or herself out as being able to practice interpreting, (c) (d) Three (3) types of licensure may be
issued to interpreters (1) A certified license shall be
granted to interpreters (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 (3) (e) All certified licensed
interpreters shall be required to complete continuing education, as set forth
|
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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 (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 (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
(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 (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 (2) Certified interpreters (3) Certified interpreters (4) Nonlicensed individuals who are
certified members of the Registry of Interpreters for the Deaf, Inc., (RID)
its successor |
|
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, (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, (2) A public accommodation taking those
steps that may be necessary to ensure that no individual with a disability is
excluded, denied services, (3) An employer and/or employment
agency making reasonable accommodations, including the provision of
interpreters |
|
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 |
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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 (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. |
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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 (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 (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 (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 (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 (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 (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 (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 (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 (b) A benefit corporation shall post
all of its benefit reports on the public portion of its (c) If a benefit corporation does not have
an (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 (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 annual |
|
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 (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 (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 (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 (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 (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 (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 (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 (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 (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. |
|
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 (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 (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 |
|
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
|
|
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 |
|
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 (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: |
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9-10-1 |
260 and 275 |
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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 |
|
94) |
Section |
Amend Chapter Numbers: |
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9-10-2 |
260 and 275 |
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|
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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.
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95) |
Section |
Amend Chapter Numbers: |
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9-25-9 |
260 and 275 |
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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 …………….. (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. |
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96) |
Section |
Amend Chapter Numbers: |
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10-9.1-9 |
91 and 92 |
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10-9.1-9.
Appeal. -- 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: |
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10-9.1-11 |
119 and 153 |
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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 |
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98) |
Section |
Amend Chapter Numbers: |
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11-8-6 |
260 and 275 |
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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: |
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11-12-9 |
260 and 275 |
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|
11-12-9.
Arrest of fighters. -- A deputy
sheriff, town sergeant, town |
|
100) |
Section |
Amend Chapter
Numbers: |
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11-17-11 |
260 and 275 |
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|
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: |
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11-30-8 |
260 and 275 |
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|
|
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 |
|
102) |
Section |
Amend Chapter
Numbers: |
|
|
11-37.1-10 |
219 and 240 |
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|
|
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 (b) Any person who is required to
register or verify his or her address or give notice of a change of address
or (c) Except in the case of a level-three
(3) sex offender, any (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. |
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103) |
Section |
Amend Chapter
Numbers: |
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11-42-4 |
44 and 46 |
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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 (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 (2) "Immediate family" means
a public official's spouse, child, or children. |
|
104) |
Section |
Amend Chapter
Numbers: |
|
|
11-43-10 |
260 and 275 |
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|
|
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 |
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|
|
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: |
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11-47-17 |
260 and 275 |
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|
|
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 |
|
107) |
Section |
Amend Chapter
Numbers: |
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11-47-43 |
260 and 275 |
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|
|
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: |
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11-49.2 |
138 and 148 |
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11-49-2. [Repealed.] |
|
109) |
Section |
Add Chapter Numbers: |
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11-49.3 |
138 and 148 |
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|
|
CHAPTER 49.3 IDENTITY THEFT PROTECTION ACT OF 2015 |
|
110) |
Section |
Add Chapter Numbers: |
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11-49.3-1 |
138 and 148 |
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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: |
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11-49.3-2 |
138 and 148 |
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|
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: |
|
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11-49.3-3 |
138 and 148 |
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|
|
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 (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 (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: |
|
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12-1-12.1 |
97 and 109 |
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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 (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 (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. |
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118) |
Section |
Amend Chapter Numbers: |
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12-1-14 |
260 and 275 |
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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: |
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12-1.3-2 |
97 and 109 |
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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 (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: |
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12-1.3-3 |
97 and 109 |
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|
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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 (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 |
|
121) |
Section |
Amend Chapter Numbers: |
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12-4-2 |
260 and 275 |
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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: |
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12-6-7 |
260 and 275 |
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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. |
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123) |
Section |
Amend Chapter
Numbers: |
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12-7-17 |
260 and 275 |
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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 |
|
124) |
Section |
Amend Chapter
Numbers: |
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12-10-12 |
97 and 109 |
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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) (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 (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 |
|
125) |
Section |
Amend Chapter
Numbers: |
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12-13-2 |
260 and 275 |
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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: |
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12-19-31 |
260 and 275 |
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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 |
|
127) |
Section |
Amend Chapter Numbers: |
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12-21-23 |
260 and 275 |
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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. |
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128) |
Section |
Amend Chapter Numbers: |
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13-8-9 |
284 and 285 |
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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. |
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129) |
Section |
Amend Chapter Numbers: |
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13-8-13 |
284 and 285 |
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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 (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 (3) (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. |
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130) |
Section |
Amend Chapter Numbers: |
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14-1-6 |
118 and 130 |
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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 (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 |
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131) |
Section |
Amend Chapter Numbers: |
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15-15-4.1 |
260 and 275 |
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|
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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), (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: |
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15-23.1-201 |
120 and 132 |
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|
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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 (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. |
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133) |
Section |
Amend Chapter Numbers: |
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15-23.1-604 |
120 and 132 |
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|
|
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 (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 |
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|
|
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), (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 |
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|
|
15-23.1-904.
Effective date. [Contingent effective date; see note.] -- This chapter, as amended, takes effect |
|
136) |
Section |
Amend Chapter Numbers: |
|
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16-2-5 |
1 and 4 |
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|
|
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, |
|
137) |
Section |
Add Chapter Numbers: |
|
|
16-2-35 |
248 and 270 |
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|
|
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 (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 (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 (b) Each community as defined in §
16-7-16 shall (c) Except in emergency circumstances,
referral by a dentist, (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 (e) Dental screenings for children in
kindergarten, third, and ninth grade shall only be performed by a licensed
dentist. (f) All dentists, |
|
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) (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 |
|
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 |
|
145) |
Section |
Amend Chapter Numbers: |
|
|
16-40-10 |
207 and 231 |
|
|
|
16-40-10. Schools
exempt. – (a) Nothing
contained in §§ 16-40-1 through (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 (4) To communicate with and seek the
advice of the commissioner of postsecondary education, the presidents of the
public higher education (5) To prepare and maintain a (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 (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 (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 (13) To incorporate a specific category
for accountability on affirmative action goals and implementation as part of
the board's annual evaluations and (14) To make a formal request of the
governor (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 (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 (3) To communicate (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 (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 (7) To recommend to the council on
postsecondary (8) To annually recommend to the
council on postsecondary (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 |
|
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 (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 (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 (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 §
|
|
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 |
|
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, (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 (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, (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 |
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154) |
Section |
Amend Chapter Numbers: |
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17-19-2 |
176 and 201 |
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|
17-19-2. Voting equipment. -- Subject to the provisions of this
chapter, voting equipment |
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155) |
Section |
Amend Chapter Numbers: |
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17-19-2.1 |
176 and 201 |
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17-19-2.1.
New voting technology. -- |
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156) |
Section |
Amend Chapter Numbers: |
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17-19-3 |
176 and 201 |
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17-19-3.
Voting equipment and services -- Specifications. [Effective January 1, 2015.]
-- (a) The office of secretary of
state (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 (4) The (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 (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- (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 (ii) There shall be a sufficient
(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 (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) (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 (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 (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 (1) Computer coding and layout of all
ballots to be used in each election under contract, (2) Testing of each unit for logic and
accuracy; (3) Testing of each programmed memory (4) Set up of each (5) Maintenance of all (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 (d) |
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157) |
Section |
Amend Chapter Numbers: |
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17-19-8.2 |
176 and 201 |
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17-19-8.2.
State-of-the-art voting technology. --
|
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158) |
Section |
Amend Chapter
Numbers: |
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17-19-21 |
260 and 275 |
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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 (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 (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 |
|
159) |
Section |
Add Chapter Numbers: |
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17-19-021.1 |
26 and 41 |
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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: |
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17-20-27 |
78 and 84 |
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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 |
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161) |
Section |
Add Chapter Numbers: |
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17-25-5.2 |
20 and 23 |
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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. |
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162) |
Section |
Amend Chapter Numbers: |
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17-25-10 |
20 and 23 |
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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 (2) The duly appointed campaign
treasurer or deputy campaign treasurer (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 (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. |
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163) |
Section |
Amend Chapter Numbers: |
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17-25-11 |
18 and 23 |
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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 (1) At ninety- (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 (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 (c) (1) Once the campaign
treasurer certifies that the campaign fund has completed its business and
been dissolved, no contribution (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- (g) (1) The board of elections may, for
good cause shown and upon the receipt of a written or electronic request,
grant a seven- (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. |
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164) |
Section |
Amend Chapter Numbers: |
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19-4-9 |
82 and 105 |
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19-4-9.
Reports to general assembly. -- The
director shall |
|
165) |
Section |
Add Chapter Numbers: |
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19-9-35 |
200 and 202 |
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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. |
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166) |
Section |
Amend Chapter Numbers: |
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19-14-1 |
82, 105, 250, and 268 |
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|
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 (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 (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 (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 (35) "Servicing" means
receiving a (36) "Third-party loan
servicer" means a person who, directly or indirectly, engages in the
business of servicing a (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 (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 (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 (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 § (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 (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 (8) "Nontraditional mortgage
product" means any mortgage product other than a (9) "Person" means a natural
person, corporation, company, (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 (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 (12) "Residential real
estate" means any real property located in (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. |
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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. |
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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) (b) Validation of license. - No license
issued under this chapter shall be valid until signed by the licensee in his
or her own handwriting. (c) Transfer or loan of license. -
Unless otherwise provided for in this title, a license issued to a person
under this chapter shall be good only for the person to whom it is (d) Reporting and inspections condition
of license. - All persons granted a license under the provisions of this
chapter are deemed to have consented to the reporting requirements applicable
to commercial fishing actively that are established pursuant to this title
and to the reasonable inspection of any boat, vessel, net, rake, bullrake,
tong, dredge, trap, pot, vehicle, structure, or other contrivance used
regularly for the keeping or storage of fish, shellfish or crustaceans, and
any creel, box, locker, basket, crate, blind, fishing, or paraphernalia used
in conjunction with the licensed activity by persons duly authorized by the
director. The provisions of § 20-1-8(a)(7)(ii) shall apply to these
inspections. (e) Possession, inspection, and display
of license. - Every person holding a license issued under this chapter shall
have that license in his or her possession at all times while engaged in the
licensed activity and shall present the license for inspection on demand by
any authorized person. Any person who shall refuse to present a license on
demand shall be liable to the same punishment as if that person were fishing
without a license. (f) Application for license. - Every
person entitled to a license under this chapter shall file an application
with the (g) Application deadline, grace period
for renewals, and limitation on appeals after the deadlines. - For commercial
marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the
following provisions shall apply: (1) (h) Lost or destroyed licenses and
duplicate licenses. - Whoever (i) Revocation of licenses. (1) License revocation. - The license
of any person who has violated the provisions of this chapter, or rules
adopted pursuant to the provisions of this (2) False statements and violations;
cancellation of license. - Any person who willfully makes a false
representation as to birthplace or requirements of identification or of other
facts required in an application for license under this chapter, or is
otherwise directly or indirectly a party to a false representation, shall be
punished by a fine of not more than fifty dollars ($50.00). A license
obtained by any person through a false representation shall be null and void,
and the license shall be surrendered immediately to the director. No license
shall be issued under this title to this person for a period of one year from
the date of imposition of a penalty under this section. (3) False, altered, forged, or
counterfeit licenses. - Every person who falsely makes, alters, forges, or
counterfeits, or who causes to be made, altered, forged, or counterfeited, a
license issued under this chapter or title or purporting to be a license
issued under this chapter or title, or who shall have in his or her
possession such a license knowing it to be false, altered, forged, or
counterfeit, is guilty of a misdemeanor and is subject to the penalties
prescribed in § 20-1-16. (j) Expiration. - Unless otherwise
specified in this title, all licenses issued under this chapter shall be
annual and shall expire on December 31 of each year. It shall be unlawful for
any person to fish commercially in Rhode Island waters on an expired license;
and the application and grace periods set forth in subsections (g)(1) and
(g)(4) above shall not extend the validity of any expired license. (k) Notice of change of address. -
Whenever any person holding any commercial fishing license shall move from
the address named in his or her last application, that person |
|
171) |
Section |
Amend Chapter Numbers: |
|
|
20-2.1-5 |
177 and 199 |
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|
|
20-2.1-5.
Resident licenses. -- The director
shall (1)
Types of licenses. (i) Commercial fishing license. - Rhode
Island residents shall be eligible to obtain a commercial fishing license;
the license shall allow the holder to engage in commercial fishing in
fisheries sectors, per endorsement at basic harvest and gear levels. The
annual fee for a commercial fishing license shall be fifty dollars ($50.00)
and twenty-five dollars ($25.00) for each endorsement at the basic harvest
and gear levels. (ii) Principal effort license. - Duly
licensed (iii) Multi-purpose license. - All
multi-purpose license holders as of December 31 of the immediately preceding
year, shall be eligible to obtain a multi-purpose (iv) Special licenses. (A) Student shellfish license. - A
resident twenty-three (23) years or younger shall pay fifty dollars ($50.00)
for a student commercial license to take shellfish upon provision of proof of
full-time student status. An individual qualified to obtain a license must
submit an application to the department of environmental management no later
than June 30 of each year; a license application shall be deemed valid if
submitted to the department prior to the close of regular office hours on June
30 or if postmarked by June 30. (B) Over sixty-five (65) shellfish
license. - A resident sixty-five (65) years of age and over shall be eligible
for a shellfish license to shellfish commercially and there shall be no fee
for this license. (2) Vessel declaration and fees; gear
endorsement and fees. (i) Vessel declaration and fee. - (A)
The department shall require the owner and/or the operator of a commercial
fishing vessel to declare the vessel on the owner/operator's commercial
fishing license. The declaration shall be made at the time of initial license
issuance and each renewal, or prior to the (B) The annual fee for each vessel
declaration shall be twenty-five dollars ($25.00) for the first twenty-five
feet (25') or under, plus fifty cents ($0.50) per foot for each whole foot
over twenty-five feet (25'); this declaration fee shall entitle the holder to
a decal. The holder of a valid decal for a vessel twenty-five feet (25') in
length or under may obtain a plate from the department for display on a
vessel twenty-five feet (25') in length that is being used temporarily for
commercial fishing; the annual fee for a plate shall be fifteen dollars
($15.00). (ii) Gear endorsements and fees. (A) Shellfish dredging endorsement. - A
resident of this state who holds a multipurpose license and/or an appropriate
shellfish license is also eligible to apply for a shellfish dredging
endorsement to take quahogs, mussels, and surf clams by dredges hauled by
powerboat. The annual fee shall be twenty dollars ($20.00). (B) Fish trap endorsements. - A person
who holds a multi-purpose license and/or a (C) Gill net endorsements. - A person
who holds a multi-purpose license and/or a principal effort license for
finfish is also eligible to apply for a commercial gill net endorsement in
accordance with the provisions of this section. The annual fee for a
commercial gill net endorsement is twenty dollars ($20.00). Applicants who possessed
a gill net endorsement as of the immediately preceding year may obtain a gill
net endorsement for the immediately following year. New gill net endorsement
opportunities shall be established by the department by rule, pursuant to
applicable management plans. (D) Miscellaneous gear endorsements. -
The department may establish by rule any specific gear endorsements that may
be necessary or appropriate to effectuate the purposes of this chapter and
facilitate participation in a specific fishery with a specific type of gear;
the fee for such a gear endorsement shall not be greater than two hundred
dollars ($200), but may be a lesser amount. This endorsement shall be issued
only in a manner consistent with the general requirements of this chapter, including
specifically those governing residency. (3) New licenses. (i) Eligibility. - For new (ii) Priority or preference applicants.
- A new license shall be granted to priority/preference applicants who have acquired
vessel and or gear from a license holder who has retired a license, (iii) Availability of new or additional
licenses. - New principal effort and multi-purpose licenses that increase the
total number of licenses in the fishery may be made available by rule
consistent with management plan for issuance effective January 1, in any
year, based on status of resource and economic condition of fishery. Priority
for new licenses shall be given to Rhode Island residents. (4) Retirement of licenses. - Issuance
of license shall not be deemed to create a property right such that the
license can be sold or transferred by license holder; fishing licenses shall
be surrendered to the state upon their non-renewal, (5) Transfer for hardship. -
Notwithstanding the provisions of § 20-2.1-4(c), a license may be transferred
to a family member upon the incapacity or death of the license holder who has
actively participated in commercial fishing. The transfer shall be effective
upon its registration with the department. A family member shall be defined
as the spouse, mother, father, brother, sister, (6) Transfer of vessels and gear. - Vessels and gear may be sold, transferred, or disposed at the sole discretion of the owner; provided, however, that the subsequent level of use of the gear may be restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted management plan or other duly adopted program to reduce effort. |
|
172) |
Section |
Amend Chapter Numbers: |
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|
20-2.1-9 |
170 and 193 |
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|
|
20-2.1-9.
Powers and duties of the director. --
It shall be the duty of the director to adopt, implement effective January 1,
2003, and maintain a commercial fisheries licensing system that shall
incorporate and be consistent with the purposes of this chapter; in
performance of this duty the director shall follow the guidelines and
procedures set forth below: (1) The (i) Types of licenses and/or license
endorsement consistent with the provisions of this chapter and applicable
sections of this title, and limitations on levels of effort and/or on catch
by type of license and/or license endorsement; (ii) Design, use, and identification of
gear; (iii) Declarations for data collection
purposes of vessels used in commercial fishing, which declaration
requirements shall in no way, except as otherwise provided for in law,
restrict the use of any vessel less than twenty-five feet (25') in length
overall by appropriate holders of commercial fishing licenses; (iv) Areas in Rhode Island waters where
commercial fishing of different types may take place, and where it may be
prohibited or limited, and the times and/or seasons when commercial fishing
by type or species may be allowed, restricted, or prohibited; (v) Limitations and/or restrictions on
effort, gear, catch, or number of license holders and endorsements; (vi) Emergency rules, as provided for
in chapter 35 of title 42, to protect an unexpectedly imperiled fishery (2) When implementing the system of
licensure set forth in §§ 20-2.1-4, 20-2.1-5, 20-2.1-6, and 20-2.1-7 and
other provisions of this title pertaining to commercial fishing licenses,
permits, and registrations, the director shall consider the effect of the
measure on the access of Rhode Islanders to commercial (i) The effectiveness of the
limitation: (A) In achieving duly established
conservation or fisheries regeneration goals or requirements; (B) In maintaining the viability of
fisheries resources overall, including particularly, the reduction of
by-catch, discards, and fish mortality, and in improving efficiency in the
utilization of fisheries resources; (C) In complementing federal and
regional management programs and the reciprocal arrangements with other
states; (ii) The impact of the limitation on
persons engaged in commercial fishing on: (A) Present participation in the
fishery, including ranges and average levels of participation by different
types or classes of participants; (B) Historical fishing practices in,
and dependence on, the fishery; (C) The economics of the fishery; (D) The potential effects on the safety
of human life at sea; (E) The cultural and social framework
relevant to the fishery and any affected fishing communities; and (iii) Any other relevant considerations
that the director finds in the (iv) The following standards for
fishery conservation and management, which standards shall be
understood and applied so far as practicable and reasonable in a manner
consistent with federal fisheries law, regulation, and guidelines: (A) Conservation and management
measurers shall prevent overfishing, while achieving, on a continuing basis,
the optimum yield from each fishery; (B) Conservation and management
measures shall be based upon the best scientific information (C) Conservation and management
measures shall, where practicable, consider efficiency in the utilization of
fisheries (D) Conservation and management
measures shall take into account and allow for variations among, and contingencies
in, fisheries, fishery resources, and catches; (E) Conservation and management
measures shall, where practicable, minimize costs and avoid unnecessary
duplication; (F) Conservation and management
measures shall, consistent with conservation requirements of this chapter
(including the prevention and overfishing and rebuilding of overfished
stocks), take into account the importance of fishery resources to fishing
communities in order to (I) (G) Conservation and management
measures shall, to the extent practicable: (I) (H) Conservation and management
measures shall, to the extent practicable, promote the safety of human life
at sea. (3) (i) The (ii) The director shall submit a
proposed rule to the marine fisheries council at least (iii) The public hearing shall be on
either the rule as proposed to the marine fisheries council by the director
or a proposed revision to that rule adopted by the marine fisheries council; (iv) The proposed (v) Notwithstanding the provisions of
paragraphs (i) -- (iv) of this subdivision, the director may promulgate a
rule with less than (vi) The decision of the director shall
state the basis for adopting the (4) Matters to be considered in
establishing license programs under this chapter. - The director shall be
consistent with the requirements of § 20-2.1-2(6) in establishing and
implementing a licensing system in accordance with the provisions of this
chapter that shall be designed to accomplish marine fisheries management
objectives. The licensing system may limit access to fisheries, particularly
commercial fisheries for which there is adequate or greater than adequate
harvesting capacity currently in the fishery and for which either a total
allowable catch has been set or a total allowable level of fishing effort has
been established for the purpose of preventing (i) Differentiate between the level of
access to fisheries provided to license holders or potential license holders
on the basis of past performance, dependence on the fishery, or other
criteria; (ii) Establish prospective control
dates that provide notice to the public that access to, and levels of
participation in, a fishery may be restricted and that entrance into, or
increases in levels of participation in a fishery after the control date may
not be treated in the same way as participation in the fishery prior to the
control date; retroactive control dates are prohibited and shall not be used
or implemented, unless expressly required by federal law, (iii) Establish levels of catch by type
of license and/or endorsement which shall provide for basic and full harvest
and gear levels; quotas may be allocated proportionally among classes of
license holders as needed to maintain the viability of different forms of
commercial fishing. (5) The director shall, (6) The director shall report annually to the general assembly and to the citizens concerning the conservation and management of the fishery resources of the state, noting particularly the status of any fishery resources that are considered to be over-fished or were considered to be over-fished in the preceding year. |
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173) |
Section |
Amend Chapter Numbers: |
|
|
20-38-2 |
100 and 111 |
|
|
|
20-38-2.
Legislative findings. -- The
general assembly hereby finds that there are currently insufficient resources
and information necessary to support Rhode Island's local fishermen and aquaculturists
and related small businesses |
|
174) |
Section |
Amend Chapter Numbers: |
|
|
20-38-3 |
100 and 111 |
|
|
|
20-38-3.
Definitions. -- When used in this
chapter, the following terms shall have the following meanings: (1) "Collaborative" means the
Rhode Island seafood marketing collaborative established under § 20-38-4; (2) "Rhode Island's local
fishermen and aquaculturists" means commercial fishermen and
aquaculturists licensed in the (3) "State agencies" means
state entities responsible for the implementation of Rhode Island's fishery
management and economic development, including, but not be limited to: (i) The department of environmental
management, which shall include: (A) The division of (B) The division of fish and wildlife (ii) The (iii) The coastal resources management
council; (iv) The department of health; (v) The department of administration. (4) "Aquaculture" means the
farming of aquatic organisms such as fish, crustaceans, (5) "Sustainable food system"
means one in which resources (including natural (6) "Seafood dealers" means
any person engaged in purchasing, raising, propagating, breeding, or
acquiring or possessing live fish or fish eggs to be sold or furnished to
others for the purpose of resale licensed in the State of Rhode Island. |
|
175) |
Section |
Amend Chapter Numbers: |
|
|
20-38-4 |
100 and 111 |
|
|
|
20-38-4.
Collaborative established. -- (a)
There is hereby created
(1) The director of the department of environmental (2) The executive director of
the (3) The chief of the division of fish
and wildlife (4) The director of the
department of health, or his or her designee; (5) The chief of the division of (6) The executive director of the
coastal resources management council, or his or her designee; (7) The director of administration, or
his or her designee; (8) The dean of the (9) The director of the Rhode Island
sea grant program, or his or her designee; and (10) Ten (10) additional members,
each of whom shall be appointed by the director of the department of
environmental management, in accordance with the following categories: (i) Two (2) Rhode Island-based
dealers/wholesalers/processors who purchase and sell finfish, shellfish,
and/or crustaceans; (ii) Two (2) commercial aquaculturists; (iii) A Rhode Island-based retailer
of seafood products associated with a restaurant or restaurant organization; (iv) A Rhode Island-based retailer of
seafood products associated with an independent or franchised store; (v) Two (2) commercial fishermen
licensed to harvest and/or land in Rhode Island; (vi) A member of an independent
organization or association representing the Rhode Island hospitality
industry; (vii) An economist with expertise in
seafood marketing. (b) Forthwith upon the passage of this
chapter, the members of the collaborative shall meet at the call of the
chairperson and organize. Thereafter, the collaborative shall meet (c) All departments and agencies of the
state shall furnish such advice and information, documentation, and otherwise
to the collaborative and its agents as is deemed necessary or desirable by
the collaborative to facilitate the purposes of this chapter. (d) The members of the collaborative
shall receive no compensation for their services. |
|
176) |
Section |
Repeal Chapter Numbers: |
|
|
20-38-5 |
100 and 111 |
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|
|
20-38-5.
[Repealed.] |
|
177) |
Section |
Amend Chapter
Numbers: |
|
|
21-28-4.01 |
98 and 110 |
|
|
|
21-28-4.01.
Prohibited acts A -- Penalties. --
(a) (1) Except as authorized by this chapter, it shall be unlawful for any
person to manufacture, deliver, or possess with intent to manufacture or
deliver a controlled substance. (2) Any person who is not a
drug-addicted person, as defined in § 21-28-1.02(18), who violates this
subsection with respect to a controlled substance classified in schedule I or
II, except the substance classified as marijuana, is guilty of a crime and
upon conviction may be imprisoned to a term up to life or fined not more than
five hundred thousand dollars ($500,000) nor less than ten thousand dollars
($10,000), or both. (3) Where the deliverance as prohibited
in this subsection shall be the proximate cause of death to the person to
whom the controlled substance is delivered, it shall not be a defense that
the person delivering the substance was at the time of delivery, a
drug-addicted person as defined in § 21-28-1.02(18). (4) Any person, except as provided for
in subdivision (2) of this subsection, who violates this subsection with
respect to: (i) A controlled substance, classified
in schedule I or II, is guilty of a crime and upon conviction may be
imprisoned for not more than thirty (30) years, or fined not more than one
hundred thousand dollars ($100,000) nor less than three thousand dollars
($3,000), or both; (ii) A controlled substance, classified
in schedule III or IV, is guilty of a (iii) A controlled substance,
classified in schedule V, is guilty of a crime and upon conviction may be
imprisoned for not more than one year, or fined not more than ten thousand
dollars ($10,000), or both. (b) (1) Except as authorized by this chapter,
it is unlawful for any person to create, deliver, or possess with intent to
deliver, a counterfeit substance. (2) Any person who violates this
subsection with respect to: (i) A counterfeit substance, classified
in schedule I or II, is guilty of a crime and upon conviction may be
imprisoned for not more than thirty (30) years, or fined not more than one
hundred thousand dollars ($100,000), or both; (ii) A counterfeit substance,
classified in schedule III or IV, is guilty of a crime and upon conviction
may be imprisoned for not more than twenty (20) years, or fined not more than
forty thousand dollars ($40,000), or both; provided, with respect to a
controlled substance classified in schedule III(d), upon conviction may be
imprisoned for not more than five (5) years, or fined not more than twenty
thousand dollars (iii) A counterfeit substance,
classified in schedule V, is guilty of a crime and upon conviction may be
imprisoned for not more than one year, or fined not more than ten thousand
dollars ($10,000), or both. (c) (1) It shall be unlawful for any
person knowingly or intentionally to possess a controlled substance, unless
the substance was obtained directly from, or pursuant to, a valid prescription
or order of a practitioner while acting in the course of his or her
professional practice, or except as otherwise authorized by this chapter. (2) Any person who violates this
subsection with respect to: (i) A controlled substance classified
in schedules I, II and III, IV, and V, except the substance classified as
marijuana, is guilty of a crime and upon conviction may be imprisoned for not
more than three (3) (ii) More than one ounce (1 oz.) of a
controlled substance classified in schedule I as marijuana is guilty of a
misdemeanor except for those persons subject to (iii) Notwithstanding any public,
special, or general law to the contrary, the possession of one ounce (1 oz.)
or less of marijuana by a person who is eighteen (18) years of age or older
and who is not exempted from penalties pursuant to chapter 28.6 of this title
shall constitute a civil offense, rendering the offender liable to a civil
penalty in the amount of one hundred fifty dollars ($150) and forfeiture of
the marijuana, but not to any other form of criminal or civil punishment or
disqualification. Notwithstanding any public, special, or general law to the
contrary, this civil penalty of one hundred fifty dollars ($150) and
forfeiture of the marijuana shall apply if the offense is the first (1st) or
second (2nd) violation within the previous eighteen (18) months. (iv) Notwithstanding any public,
special, or general law to the contrary, possession of one ounce (1 oz.) or
less of marijuana by a person who is under the age of eighteen (18) years and
who is not exempted from penalties pursuant to chapter 28.6 of this title
shall constitute a civil offense, rendering the offender liable to a civil
penalty in the amount of one hundred fifty dollars ($150) and forfeiture of
the marijuana; provided the minor offender completes an approved,
drug-awareness program and community service as determined by the court. If
the person under the age of eighteen (18) years fails to complete an
approved, drug-awareness program and community service within one year of the
(v) Notwithstanding any public,
special, or general law to the contrary, a person not exempted from penalties
pursuant to chapter 28.6 of this title found in possession of one ounce (1
oz.) or less of marijuana is guilty of a misdemeanor and upon conviction may
be imprisoned for not more than thirty (30) (vi) Any unpaid civil fine issued under
(vii) No person may be arrested for a
violation of (viii) No violation of (ix) Any records collected by any state
agency or tribunal that include personally identifiable information about
violations of (3) Jurisdiction. - Any and all
violations of (4) Additionally every person convicted
or who pleads nolo contendere under paragraph (2)(i) of this subsection or
convicted or who pleads nolo contendere a second or subsequent time under
paragraph (2)(ii) of this subsection, who is not sentenced to a term of
imprisonment to serve for the offense, shall be required to: (i) Perform up to one hundred (100)
hours of community service; (ii) Attend and complete a drug
counseling and education program as prescribed by the director of the (iii) The court shall not suspend any
part or all of the imposition of the fee required by this subsection, unless
the court finds an inability to pay; (iv) If the offense involves the use of
any automobile to transport the substance or the substance is found within an
automobile, then a person convicted or who pleads nolo contendere under
paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of
license for a period of six (6) months for a first offense and one year for
each offense after. (5) All fees assessed and collected
pursuant to paragraph (3)(ii) of this subsection shall be deposited as
general revenues and shall be collected from the person convicted or who pleads
nolo contendere before any other fines authorized by this chapter. (d) It shall be unlawful for any person
to manufacture, distribute, or possess with intent to manufacture or
distribute, an imitation controlled substance. Any person who violates this
subsection is guilty of a crime and upon conviction shall be subject to the
same term of imprisonment and/or fine as provided by this chapter for the
manufacture or distribution of the controlled substance that the particular
imitation controlled substance forming the basis of the prosecution was
designed to resemble and/or represented to be; but in no case shall the
imprisonment be for more than five (5) years nor the fine for more than
twenty thousand dollars ($20,000). (e) It shall be unlawful for a
practitioner to prescribe, order, distribute, supply, or sell an anabolic
steroid or human growth hormone for: (1) (f) It is unlawful for any person to
knowingly or intentionally possess, manufacture, distribute, or possess with
intent to manufacture or distribute any extract, compound, salt derivative,
or mixture of salvia divinorum or datura stramonium or its extracts unless
the person is exempt pursuant to the provisions of § 21-28-3.30.
Notwithstanding any laws to the contrary, any person who violates this
section is guilty of a misdemeanor, and, upon conviction, may be imprisoned
for not more than one year, or fined not more than one thousand dollars
($1,000), or both. The provisions of this section shall not apply to licensed
physicians, pharmacists, and accredited hospitals and teaching facilities
engaged in the research or study of salvia divinorum or datura stramonium and
shall not apply to any person participating in clinical trials involving the
use of salvia divinorum or datura stramonium. |
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178) |
Section |
Amend Chapter
Numbers: |
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22-7.4-123 |
117 and 122 |
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22-7.4-123.
Second Lieutenant Matthew Coutu Memorial Bridge. -- The |
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179) |
Section |
Add Chapter
Numbers: |
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22-7.4-125 |
43 and 47 |
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|
22-7.4-125. John Grandin IEP
House. -- The
International Engineering Program House, located on Upper College Road at the
University of Rhode Island in Kingston, shall hereafter be named and known as
"The John Grandin IEP House." |
|
180) |
Section |
Add Chapter Numbers: |
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22-7.4-126 |
48 and 49 |
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22-7.4-126.
Richard E. Beaupre Center. -- The
new center for Chemical and Forensic Sciences, located on Flagg Road at the
University of Rhode Island in Kingston, shall hereafter be named and known as
"The Richard E. Beaupre Center for Chemical and Forensic Sciences."
|
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181) |
Section |
Add Chapter
Numbers: |
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22-7.4-127 |
56 and 57 |
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22-7.4-127.
The PFC Allan B. McCutcheon and PFC James A. Blanchard Memorial Bridge. -- The bridge located on Route 102 and Branch River
in the town of Burrillville, known as Bridge #672, shall hereafter be named
and known as "The PFC Allan B. McCutcheon and PFC James A. Blanchard
Memorial Bridge" in recognition of their service and sacrifice to this
nation. |
|
182) |
Section |
Add Chapter Numbers: |
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22-7.4-128 |
66 and 70 |
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|
|
22-7.4-128.
The "Gary M. Penfield Hall." -- The high-rise residence hall, located in the student
residential sector of campus at Rhode Island College in Providence, shall
hereafter be named and known as "Gary M. Penfield Hall." |
|
183) |
Section |
Add Chapter Numbers: |
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22-7.4-129 |
67 and 69 |
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|
22-7.4-129.
The Carol J. Guardo Hall. -- The
|
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184) |
Section |
Amend Chapter Numbers: |
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23-9-10 |
260 and 275 |
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23-9-10.
Enforcement by sheriffs, sergeants, and constables. -- Every sheriff, deputy sheriff, town sergeant, and town
constable shall carry the rules and regulations of the city or town council
within his or her precinct into effect. |
|
185) |
Section |
Amend Chapter Numbers: |
|
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23-13-9 |
159 and 181 |
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|
23-13-9.
Licensing and regulation of midwives -- Penalty for violations. -- The state director of health is authorized and
directed to make rules for the regulation of the practice of midwifery and
for the licensing of midwives, including regulations |
|
186) |
Section |
Amend Chapter Numbers: |
|
|
23-16.3-4 |
157 and 182 |
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|
|
23-16.3-4.
Exceptions. -- This chapter shall
not apply to: (1) Any person performing clinical
laboratory tests within the scope of his or her practice and for which he or
she is licensed pursuant to any other provisions of the general laws. (2) Clinical laboratory science
practitioners employed by the United States government or any bureau,
division, or agency of the United States government while in the discharge of
the employee's official duties. (3) Clinical laboratory science
practitioners engaged in teaching or research, provided that the results of
any examination performed are not used in health maintenance, diagnosis, or
treatment of disease. (4) Students or trainees enrolled in a
clinical laboratory science education
(5) Individuals performing (6) Licensed pharmacists |
|
187) |
Section |
Add Chapter Numbers: |
|
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23-17.27 |
95 and 115 |
|
|
|
CHAPTER 17.27 CAREGIVER ADVISE, RECORD AND ENABLE ACT |
|
188) |
Section |
Add Chapter Numbers: |
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23-17.27-1 |
95 and 115 |
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23-17.27-1.
Definitions. – As used in this
chapter: (1) "After-care" means any
assistance provided by a caregiver to a patient under this chapter after the
patient's discharge from a hospital that is related to the patient’s
condition at the time of discharge. Such assistance may include, but is not
limited to, assisting with basic activities of daily living (ADLs),
instrumental activities of daily living (IADLs), or other tasks as determined
to be appropriate by the discharging physician or other health care
professional. (2) "Caregiver" means any
individual duly designated as a caregiver by a patient under this chapter who
provides after-care assistance to a patient living in his or her residence. A
designated caregiver may include, but is not limited to, a relative, partner,
friend, or neighbor who has a significant relationship with the patient. (3) "Discharge" means a
patient's exit or release from a hospital to the patient's residence
following an inpatient admission. (4) "Entry" means a
patient's admission into a hospital for the purposes of medical care. (5) "Hospital" means a
facility licensed under Rhode Island statute. (6) "Patient" means a
patient eighteen (18) years of age or older. (7) "Residence" means a
dwelling that the patient considers to be his or her home. A
"residence" for the purposes of this chapter shall not include any
rehabilitation facility, hospital, nursing home, assisted-living
facility, or group home licensed by Rhode Island. |
|
189) |
Section |
Add Chapter Numbers: |
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23-17.27-2 |
95 and 115 |
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|
|
23-17.27-2. Caregiver designation. – (a) Any hospital licensed
pursuant to this title shall provide each patient or, if applicable, the
patient's legal guardian with an opportunity to designate at least one
caregiver under this chapter following the patient's entry into a hospital. (1) In the event that the patient is
unconscious or otherwise incapacitated upon his or her entry into a hospital,
the hospital shall provide such patient, or his/her legal guardian,
with an opportunity to designate a caregiver within a given timeframe, at the
discretion of the attending physician or other health care professional,
following the patient’s recovery of consciousness of capacity. The hospital
shall inform the patient that the purpose of providing a caregiver’s identity
is to include that caregiver and discharge planning and sharing of
post-discharge care information or instruction. (2) In
the event that the patient, or the patient’s legal guardian,
declines to designate a caregiver under this chapter, the hospital shall
promptly document this in the patient’s medical record. (3) In
the event that the patient or the patient’s legal guardian designates an
individual as a caregiver under this chapter: (i) The
hospital shall record the patient's designation of the caregiver, the
relationship of the designated caregiver to the patient, and the name,
telephone number, and the address of the patient's designated caregiver in
the patient's medical record. (ii)
The hospital shall promptly request the written consent of the patient,
or the patient’s legal guardian, to release medical information to the
patient’s designated caregiver following the hospital’s established
procedures for releasing personal health information and in compliance with
all federal and state laws. (A) If
the patient, or the patient’s legal guardian declines, to
consent to release medical information to the patient’s designated caregiver,
the hospital is not required to provide notice to the caregiver under §
23-17.27-4 or provide information contained in the patient’s discharge plan
under § 23-17.27-5. (4) A
patient, or the patient's legal guardian, may elect to change
the patient's designated caregiver at any time, and the hospital must record
this change in the patient’s medical record before the patient's discharge. (b) A
designation of a caregiver by a patient, or patient’s legal guardian,
under this section does not obligate any individual to perform any after-care
tasks for any patient. (c)
This section shall not be construed to require a patient, or a
patient’s legal guardian, to designate any individual as a caregiver
as defined by this chapter. (d) In
the event that the patient is a minor child, and the parents of the patient
are divorced, the custodial parent shall have the authority to designate a
caregiver. If the parents have joint custody of the patient, they shall
jointly designate the caregiver. |
|
190) |
Section |
Add Chapter
Numbers: |
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|
23-17.27-3 |
95 and 115 |
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|
|
23-17.27-3. Notice to Designated
Caregiver. – (a) Any hospital licensed pursuant to this title shall notify the
patient’s designated caregiver of the patient’s discharge or transfer to
another facility licensed by the state as soon as possible, in any event,
upon issuance of a discharge order by the patient’s attending physician or
other health care professional. In the event the hospital is unable to
contact the designated caregiver, the lack of contact shall not interfere
with, delay, or otherwise affect the medical care provided to the patient, or
an appropriate discharge of the patient. The hospital shall promptly document
the attempt in the patient’s medical record. |
|
191) |
Section |
Add Chapter
Numbers: |
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23-17.27-4 |
95 and 115 |
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|
|
23-17.27-4. Instruction to Designated Caregiver. – (a) As soon as possible and
prior to a patient’s discharge from a hospital, the hospital shall consult
with the designated caregiver along with the patient regarding the
caregiver’s capabilities and limitations and issue a discharge plan that
describes a patient’s after-care needs at his or her residence. The
consultation session will include an assessment of the caregiver’s capability
to provide after care and any limitations the caregiver foresees in providing
after care. Each hospital will have the discretion to determine which
hospital staff are best qualified to conduct the caregiver assessment. If,
upon assessment, the hospital determines a caregiver may have difficulty
supplying the needed care safely, the discharge plan may be adjusted
accordingly and alternate care arrangements may be made in consultation with
the caregiver. (b)
The consultation and issuance of a discharge plan shall occur on a schedule
that takes into consideration the severity of the patient’s condition;
the setting in which care is to be delivered; and the urgency of the
need for caregiver services. In the event the hospital is unable to contact
the designated caregiver, the lack of contact shall not interfere with,
delay, or otherwise affect the medical care provided to the patient, or an
appropriate discharge of the patient. The hospital shall promptly document
the attempt in the patient’s medical record. (1) At
minimum, a discharge plan shall include: (i)
The name and contact information of the caregiver designated under this
chapter; (ii) A
description of all after-care tasks recommended by the patient's physician,
or other health care professional, taking into account the capabilities and
limitations of the caregiver; (iii)
Contact information for any health care, community resources, and long-term
services and support necessary to successfully carry out the patient’s
discharge plan. (c)
The hospital issuing the discharge plan must offer to provide caregivers with
instruction in all after-care tasks described in the discharge plan. Any
training or instructions provided to a caregiver shall be provided, to the
extent possible, in non-technical language and in the caregiver’s native
language. (1) At
minimum, such instruction shall include: (i) A
live or recorded demonstration of the tasks performed by the hospital
employee or individual with whom the hospital has a contractual relationship
authorized to perform the after-care task; (ii)
An opportunity for the caregiver and patient to ask questions about the
after-care tasks; and (iii)
Answers to the caregiver’s and the patient’s questions provided in a
culturally competent manner and in accordance with the hospital’s
requirements to provide language access services under state and federal law. (2)
Any instruction required under this chapter shall be documented in the
patient’s medical record, including, at minimum, the date, time, and contents
of the instruction. (d)
The Rhode Island department of health is authorized to promulgate regulations
to implement the provisions of this chapter including, but not limited to,
regulations to further define the content and scope of any instruction
provided to caregivers under this chapter. (e)
Nothing in this chapter shall delay the discharge of a patient, or the
transfer of a patient from a hospital to another facility. |
|
192) |
Section |
Add Chapter Numbers: |
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|
23-17.27-5 |
95 and 115 |
|
|
|
23-17.27-5. Non-Interference
with Powers of Existing Health Care Directives. – (a) Nothing in this chapter
shall be construed to interfere with the rights of an agent operating under a
valid health care directive pursuant to chapter 4.10 of title 23 (health care
power of attorney), or § 23-4.11-3.1 (medical orders for life sustaining
treatment).
(b) A patient may designate a caregiver in an advance directive. |
|
193) |
Section |
Add Chapter Numbers: |
|
|
23-17.23-6 |
95 and 115 |
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|
|
23-17.27-6. Caregiver reimbursement. – (a) A caregiver shall not be
reimbursed by any government or commercial payer for after-care assistance
that is provided pursuant to this chapter, with the sole exception that this
chapter shall not supersede the applicability of wage replacement benefits paid
to workers under Rhode Island’s temporary disability insurance program,
pursuant to § 28-41-35. (b)
Nothing in this chapter shall be construed to impact, impede, or otherwise
disrupt or reduce the reimbursement obligations of an insurance company,
health service corporation, hospital service corporation, medical
service corporation, health maintenance organization, or any other
entity issuing health benefits plans. |
|
194) |
Section |
Add Chapter Numbers: |
|
|
23-17.23-7 |
95 and 115 |
|
|
|
23-17.27-7. Limitations of Actions. – (a) Nothing in this chapter
shall be construed to create a private right of action against a hospital or
any of its directors, trustees, officers, employees, or agents,
or any contractors with whom the hospital has a contractual relationship. (b) A
hospital, a hospital employee, or any consultants or contractors with whom a
hospital has a contractual relationship, shall not be held liable, in
any way, for the services rendered or not rendered by the caregiver to the
patient at the patient’s residence. |
|
195) |
Section |
Add Chapter Numbers: |
|
|
23-17.23-8 |
95 and 115 |
|
|
|
23-17.27-8.
Severability. – If any provision
of this chapter or the application of any provision to any person or
circumstance is held invalid or unconstitutional, the invalidity or
unconstitutionality shall not affect other provisions or applications of this
chapter which can be given effect without the invalid or unconstitutional
provision or application, and to this end the provisions of this chapter are
declared to be severable. |
|
196) |
Section |
Amend Chapter Numbers: |
|
|
23-19.15-2 |
163 and 185 |
|
|
|
23-19.15-2. Legislative
findings. -- The general assembly
hereby recognizes and declares that: (1) There exists (2) It is estimated that there are more
than (3) Cesspools are a substandard and (4) (5) Wastewater disposed from cesspools
contains bacteria, viruses, (6) Wastewater disposed from cesspools (7) Wastewater disposed from cesspools
can pose significant health threats to people who come into contact with, or
consume, contaminated surface waters or groundwaters. (8) Appropriate treatment of sewage
disposed into the ground is essential to the protection of public health and
the environment, particularly in relation to Narragansett Bay and the rest of
the state's coastal region, and public drinking water resources. (9) Replacement of cesspools with (10) In sewered areas, sewer tie-ins
offer a readily available, (11) A fund exists to assist homeowners
with the costs of removing cesspools and inadequate septic systems and
replacing them with an approved |
|
197) |
Section |
Amend Chapter Numbers: |
|
|
23-19.15-3 |
163 and 185 |
|
|
|
23-19.15-3.
Declaration of purpose. -- The purpose of this chapter is to |
|
198) |
Section |
Amend Chapter Numbers: |
|
|
23-19.15-4 |
163 and 185 |
|
|
|
23-19.15-4. Definitions.
-- For the purposes of this chapter
the following terms shall mean: (1) "Cesspool" means any
buried chamber other than an (2) "Department" means the
department of environmental management as established in chapter 17.1 of
title 42. (3) "Director" means the
director of the department of environmental management or his or her
designee. (4) "Failed cesspool" means a
cesspool where one or more of the following conditions exist: (i) (5) (6) "System inspector" means
a person |
|
199) |
Section |
Amend Chapter Numbers: |
|
|
23-19.15-5 |
163 and 185 |
|
|
|
23-19.15-5. Inspection
requirements for cesspools located in close proximity to tidal waters and
public drinking supplies. -- (a)
Unless exempted under subsection 23-19.15-8(a), the owner of property served
by a cesspool in the following areas shall cause an inspection to be
performed on said cesspool by a system inspector in accordance with a
schedule established by the department, but no later than January 1, 2012: (1) Which cesspool is within two
hundred feet (200') of the inland edge of a shoreline feature bordering a
tidal water area [corresponding to the jurisdiction of the (2) Which cesspool is within two
hundred feet (200') of a public drinking water well; and (3) Which cesspool is within two
hundred feet (200') of a surface drinking water supply, specifically the
impoundment from which water is drawn via the intake. The inspection shall be conducted by
a system inspector as defined herein and reported in accordance with
procedures required by the department, and the results shall be recorded on
forms prescribed by the department. (b) Pursuant to § 5-20.8-13, every
contract for the purchase and sale of real estate |
|
200) |
Section |
Amend Chapter Numbers: |
|
|
23-19.15-6 |
163 and 185 |
|
|
|
23-19.15-6. Cesspool
removal and replacement. -- (a) Any
cesspool located in close proximity to tidal water areas and public
drinking water supplies and required to be abandoned pursuant to this
chapter shall be replaced with an approved (b) Cesspools found to be located
within the areas identified in subsection 23-19.15-5(a) (1) Tier 1. - Any cesspool deemed by
the department or a system inspector to be failed in accordance with this
chapter shall be properly abandoned within one year of discovery unless an
immediate public health hazard is identified, in which case the director may
require a shorter period of time. (2) Tier 2. - Any cesspool located on a
property (3) Tier 3. - Any cesspool within two
hundred feet (200') of a public drinking water well, or within two hundred
feet (200') of the inland edge of a shoreline feature bordering a tidal water
area |
|
201) |
Section |
Amend Chapter Numbers: |
|
|
23-19.15-7 |
163 and 185 |
|
|
|
23-19.15-7.
Waiver. --
The director may grant a waiver, to the extent necessary, from applicable
provisions listed in subsection 23-19.15-6(b) provided the homeowner
demonstrates undue |
|
202) |
Section |
Amend Chapter Numbers: |
|
|
23-19.15-8 |
163 and 185 |
|
|
|
23-19.15-8. Exemption.
-- (a) The provisions of §§
23-19.15-5, (b) The provisions of (c) In addition to subdivision |
|
203) |
Section |
Amend Chapter Numbers: |
|
|
23-19.15-9 |
163 and 185 |
|
|
|
23-19.15-9. Notice to
remove and replace cesspools. --
(a) The owner of any cesspool who has not complied with the requirements
pursuant to this chapter shall be in violation of this chapter and subject to
enforcement action by the department in accordance with chapters 17.1 and
17.6 of title 42 of the general laws. (b) Notwithstanding the above
provisions, the director may require the abandonment and replacement of any
cesspool with an approved SECTION 2. Chapter 23-19.15 of the
General Laws entitled "The Rhode Island Cesspool Act of 2007" is
hereby amended by adding thereto the following section: |
|
204) |
Section |
Add Chapter Numbers: |
|
|
23-19.15-12 |
163 and 185 |
|
|
|
23-19.15-12. Cesspool
removal and replacement requirements at property transfer. – (a) Any cesspool found to be serving a building
or use subject to sale or transfer shall be removed and replaced with an OWTS
or the building served by the cesspool shall be connected to a public sewer
system within twelve (12) months of the date of sale or transfer. (b) Should the manner of wastewater
disposal be unknown, an inspection shall be conducted to determine if a
cesspool is present on the property. This inspection shall be done by a
system inspector prior to the time of sale or transfer. (c) Pursuant to § 5-20.8-13, every
contract, for the purchase and sale of real estate that is
or may be served by a private cesspool, shall provide that potential
purchasers be permitted a ten- day (10) period, unless
the parties mutually agree upon a different period of time, to conduct an
inspection of the property's onsite sewage system in accordance with
procedures required by the department in § 23-19.15-5(a), before becoming
obligated under the contract to purchase. |
|
205) |
Section |
Amend Chapter Numbers: |
|
|
23-20.10-2 |
243 and 266 |
|
|
|
23-20.10-2.
Definitions. -- The following words
and phrases, whenever used in this chapter, shall be construed as defined in
this section: (1) "Assisted living
residence" means a residence that provides personal (2) "Bar" means an
establishment that is devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which the serving of food is
only incidental to the consumption of those beverages, including, but not
limited to, taverns, nightclubs, cocktail lounges and cabarets. (3) "Business" means a sole
proprietorship, partnership, joint venture, corporation, or other business
entity formed for profit-making purposes, including retail establishments
where goods or services are sold as well as professional corporations and
other entities where legal, medial, dental, engineering, architectural or
other professional services are delivered. (4) "Employee" means a person
who is employed by an employer in consideration for direct or indirect
monetary wages or (5) "Employer" means a
person, business, partnership, association, corporation, including a
municipal corporation, trust or nonprofit entity that employs the services of
one or more individual persons. (6) "Enclosed area" means all
space between a floor and ceiling that is enclosed on all sides by solid
walls or windows (7) "Health care facility"
means an office or institution providing care or treatment of diseases,
whether physical, mental, emotional, or other medical, physiological or
psychological conditions, including, but not limited to, hospitals,
rehabilitation hospitals or other clinics, including weight control clinics,
nursing homes, homes for the aging or chronically ill, laboratories, and
offices of surgeons, chiropractors, physical therapists, physicians,
dentists, and all specialists within these professions. This definition shall
include all waiting rooms, hallways, private rooms, semi-private (8) "Place of employment"
means an area under the control of a public or private employer that employees
normally frequent during the course of employment, including, but not limited
to, work areas, employees lounges, restrooms, conference rooms, meeting
rooms, classrooms, employee cafeterias, and hallways. Vehicles owned by a
public or private employer are covered under this definition provided that
the vehicle is used by more than one person. A private residence is not a
"place of employment" unless it is used as a child care, adult day (9) "Public place" means an
enclosed area to which the public is invited or in which the public is
permitted, including, but not limited to, banks, bars, educational
facilities, health care facilities, laundromats, public transportation
facilities, reception areas, restaurants, retail food production and
marketing establishments, retail service establishments, retail stores,
shopping malls, sports arenas, the state house, theaters and waiting rooms. A
private residence is not a "public place" unless it is used as a
child care, adult day (10) "Restaurant" means an
eating establishment, including, but not limited to, coffee shops,
cafeterias, and private and public school cafeterias, (11) "Retail tobacco store"
means a retail store utilized primarily for the sale of tobacco products and
accessories in which the total annual revenues generated by the sale of other
products are no greater than twenty-five percent (25%) of the total revenue
for the establishment. The division of taxation shall be responsible for the
determination under this section and shall promulgate any rules or forms
necessary for the implementation of this section. (12) "Service line" means an
indoor line in which one or more persons are waiting for or receiving service
of any kind, whether or not the service involves the exchange of money. (13) "Shopping mall" means an
enclosed public walkway or hall area that serves to connect retail or
professional establishments. (14) "Smoking" means
inhaling, exhaling, (15) (a) "Smoking bar" means
an establishment whose business is primarily devoted to the serving of
tobacco products for consumption on the premises, in which the annual
revenues generated by tobacco sales are greater than fifty percent (50%) of
the total revenue for the establishment and the serving of food or alcohol is
only incidental to the consumption of such tobacco products. (b) Smoking bars shall only allow
consumption of food and beverages sold by the establishment on the premises
and the establishment shall have public access only from the street. (c) Any smoking (16) "Sports arena" means
sports pavilions, stadiums, (indoor or outdoor) organized sports fields,
gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks,
bowling (17) "Legislature" means the
general assembly of the state of Rhode Island. |
|
206) |
Section |
Amend Chapter Numbers: |
|
|
23-27.3-118 |
213 and 230 |
|
|
|
23-27.3-118.0. Fees. -- No permit shall be issued for new
construction, alteration, removal, demolition, or other building operation
until the fees prescribed |
|
207) |
Section |
Amend Chapter Numbers: |
|
|
23-27.3-118.1 |
213 and 230 |
|
|
|
23-27.3-118.1. Special fees. -- The payment of the fee for
construction, alteration, removal, or |
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208) |
Section |
Amend Chapter Numbers: |
|
|
23-27.3-119 |
213 and 230 |
|
|
|
23-27.3-119.0.
Fee computation. -- The building
commissioner shall collect information on types and amounts of municipal fees
set forth in §§ 23-27.3-118 and 23-27.3-118.1 and create a process or formula
for establishing statewide permit fees. Said information and a description of
the process or formula shall be provided to municipalities, the league of
cities and towns and the general assembly by December 1, 2015. Beginning July
1, 2016, the |
|
209) |
Section |
Amend Chapter Numbers: |
|
|
23-28.22-13 |
211 and 227 |
|
|
|
23-28.22-13.
Delivery nozzles. -- Hose nozzle
valves used at |
|
210) |
Section |
Amend Chapter Numbers: |
|
|
23-78.1-3 |
99 and 108 |
|
|
|
23-78.1-3.
Designation of Rhode Island comprehensive and primary stroke centers. -- (a) The director of the department of health shall
establish a process to recognize comprehensive and primary stroke
centers in Rhode Island. The joint commission on accreditation of health
care organizations and the American Heart Association/American Stroke
Association have collaborated on the development of certification programs
for comprehensive and primary stroke centers that follow the best practices
for stroke care. A hospital shall be designated as a "Rhode
Island comprehensive stroke center" or a "Rhode Island primary
stroke center" if it has received a certificate of distinction for comprehensive
or primary stroke centers issued by the joint commission on accreditation
of healthcare organizations (the joint commission) (b) The department of health shall
recognize as many hospitals as Rhode Island comprehensive or primary
stroke centers as apply and are awarded certification by the joint commission
(or other nationally recognized certification body, if a formal process is
developed in the future); (c) The director of the department of
health may suspend or revoke a hospital's state designation as a Rhode Island
comprehensive or primary stroke center, after notice and hearing, if
the department of health determines that the hospital is not in compliance
with the requirements of this chapter. |
|
211) |
Section |
Amend Chapter Numbers: |
|
|
23-78.1-5 |
99 and 108 |
|
|
|
23-78.1-5. Emergency
medical services providers; triage and transportation of stroke patients. -- (a) The department of health, division of (b) The department of health, division
of (c) By June 1 of each year, the
department of health, division of emergency medical services ( (d) Each emergency medical services
provider must comply with all sections of this chapter by June 1,
2010. |
|
212) |
Section |
Amend Chapter Numbers: |
|
|
23-78.1-6 |
99 and 108 |
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|
|
23-78.1-6.
Continuous improvement of quality of care for individuals with stroke. -- (a) The department of health shall establish and
implement a plan for achieving continuous quality improvement in the quality
of care provided under the statewide system for stroke response and
treatment. In implementing this plan, the department of health shall
undertake the following activities: (1) Develop incentives and provide
assistance for sharing information and data among health care providers on
ways to improve the quality of care; (2) Facilitate the communication and
analysis of health information and data among the health care professionals
providing care for individuals with stroke; (3) Require the application of
evidence-based treatment guidelines regarding the transitioning of patients
to community-based follow-up care in hospital outpatient, physician office
and ambulatory clinic settings for ongoing care after hospital discharge
following acute treatment for a stroke; (4) Require comprehensive and
primary stroke center hospitals and emergency medical services agencies to
report data consistent with nationally recognized guidelines on the treatment
of individuals with confirmed stroke within the statewide system for stroke
response and treatment; (5) Analyze data generated by the
statewide system on stroke response and treatment; and (6) The department of health shall
maintain a statewide stroke database that compiles information and statistics
on stroke care that align with the stroke consensus metrics developed and
approved by the American Heart Association/American Stroke Association,
Centers for Disease Control and Prevention, and (b) Except to the extent necessary to
address continuity of care issues, health care information shall not be
provided in a format that contains (c) Annual reports. - On June 1 after
enactment of this chapter and annually thereafter, the department of health
and the Rhode Island stroke task force shall report to the general assembly on
statewide progress toward improving quality of care and patient outcomes
under the statewide system for stroke response and treatment. |
|
213) |
Section |
Amend Chapter Numbers: |
|
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23-90-3 |
126 and 249 |
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|
|
23-90-3.
Definitions. -- As used in this chapter, the following words shall,
unless the context clearly requires otherwise, have the following meanings: (1) "Brand" means a name,
symbol, word or mark that attributes a mattress to the producer of such
mattress. (2) "Covered entity" means
any political subdivision of the state, any mattress retailer, any permitted
transfer station, any waste to energy facility, any healthcare facility, any
educational facility, any correctional facility, any military base, or any commercial
or non profit lodging establishment that possesses a discarded mattress that
was discarded in this state. Covered entity does not include any renovator,
refurbisher or any person who transports a discarded mattress. (3) "Consumer" means an
individual who is also a resident of this state. (4) "Corporation" means the
Rhode Island Resource Recovery Corporation. (5) "Corporation Director"
means the executive director of the Rhode Island Resource Recovery
Corporation. (6) "Council" or
"mattress recycling council" means the (7) "Discarded mattress"
means any mattress that a consumer intends to discard, has (8) "Energy recovery" means
the process by which all or a portion of solid waste materials are processed
or combusted in order to utilize the heat content or other forms of energy
derived from such solid waste materials. (9) "Foundation" means any
ticking-covered structure that is used to support a mattress and that is
composed of one or more of the following: A constructed frame, (10) "Mattress" means any
resilient (11) "Mattress core" means
the main support system that is present in a mattress, including, but not
limited (12) "Mattress recycling
council" or "council" means the organization created by
producers to design, (13) "Mattress stewardship
fee" means the amount added to the purchase price of a mattress sold in
this state that is necessary to cover the cost of collecting, (14) "Mattress stewardship
program" or "program" means the (15) "Mattress topper" means
any item that contains resilient filling, with or without ticking, that is
intended to be used with or on top of a mattress. (16) "Performance goal" means
a metric proposed by the council, to measure, on an annual basis, the
performance of the mattress stewardship program, taking into consideration
technical and economic feasibilities, in achieving continuous, meaningful
improvement in improving the rate of mattress recycling in the state and any
other specified goal of the program. (17) "Producer" means any
person who manufactures or renovates a mattress that is sold, offered for (i) The owner of a trademark or brand
under which a mattress is sold, offered for (ii) Any person who imports a mattress
into the United States that is sold or offered for sale in this state and
that is manufactured or renovated by a person who does not have a presence in
the United States; (18) "Recycling" means any
process in which discarded mattresses, (19) "Renovate" or
"renovation" means altering a mattress for the purpose of resale
and includes any one, or a combination of, the following: Replacing the
ticking or filling, adding additional filling, rebuilding a mattress, or
replacing components with new or recycled materials. "Renovate" or "renovation"
does not include the: (i) Stripping of a mattress of its
ticking or filling without adding new material; (ii) Sanitization or sterilization of a
mattress without otherwise altering the (iii) Altering of a mattress by a
renovator when a person retains the altered mattress for personal use, in
accordance with regulations of the department of business regulation. (20) "Renovator" means a
person who renovates discarded mattresses for the purpose of reselling such mattresses
in a retail store. (21) "Retailer" means any
person who sells mattresses in this state or offers mattresses in this state
to a consumer through any means, including, but not limited to, remote
offerings such as sales outlets, (22) "Sanitization" means the
direct application of chemicals to a mattress to kill human disease-causing
pathogens. (23) " Sale" means the
transfer of title of a mattress for consideration, including through the use
of a sales outlet, catalog, internet (24) "Sterilization" means
the mitigation of any deleterious substances or organisms including human
disease-causing pathogens, (25) "Ticking" means the
outermost layer of fabric or material of a mattress. "Ticking" does
not include any layer of fabric or material quilted together with, or
otherwise attached to, the outermost layer of fabric or material of a
mattress. (26) "Upholstery material"
means all material, loose or attached, between the ticking and the core of a
mattress. (27) "Wholesaler" means any
person who sells or distributes mattresses in the state, in a nonretail
setting, for the purpose of the resale of such mattresses. |
|
214) |
Section |
Amend Chapter Numbers: |
|
|
23-90-5 |
126 and 249 |
|
|
|
23-90-5. Mattress stewardship
plan. -- (a) On or before July 1,
2015, the mattress stewardship council shall submit a mattress stewardship
plan for the establishment of a mattress stewardship program to the
corporation director for approval. (b) The plan submitted pursuant to
subsection (a) of this section shall, to the extent it is technologically
feasible and economically practical: (1) Identify each producer's
participation in the program; (2) Describe the fee structure for the
program and propose a uniform stewardship fee that is sufficient to cover the
costs of operating and administering the program; (3) Establish performance goals for the
first two (2) years of the program; (4) Identify proposed recycling
facilities to be used by the program, such facilities shall not require a
solid waste management facilities license; (5) Detail how the program will promote
the recycling of discarded mattresses; (6) Include a description of the public
education program; (7) Describe fee disclosure language
that retailers will be required to prominently display that will inform
consumers of the amount and purpose of the fee; and (8) Identify the methods and procedures
to facilitate implementation of the mattress stewardship program in
coordination with the corporation director and municipalities. (c) Not later than ninety (90) days
after submission of the plan pursuant to this section, the corporation shall
make a determination whether to: (1) Approve the plan as submitted; or (2) Deny the plan. (d) The corporation director shall
approve the plan for the establishment of the mattress stewardship program,
provided such plan reasonably meets the requirements of this section. Prior
to making such determination, the corporation director shall post the plan
for at least thirty (30) days in accordance with the "Administrative
Procedures Act" as set forth in chapter 42-35 on the corporation's
website and solicit public comments on the plan, to be posted on the website. (e) In the event that the corporation
director denies the plan, the corporation director shall provide a notice of
determination to the council, within sixty (60) days, detailing the reasons
for the disapproval. The council shall revise and resubmit the plan to the
corporation director not later than forty-five (45) days after receipt of
notice of the corporation director's denial notice. Not later than forty-five
(45) days after receipt of the revised plan, the corporation director shall
review and approve or deny the revised plan. The council may resubmit a
revised plan to the corporation director for approval on not more than two
(2) occasions. If the council fails to submit a plan that is acceptable to
the corporation director, because it does not meet the criteria pursuant to
subdivision (b)(1-8), the corporation director shall have the ability to
modify the submitted plan and approve it. Not later than one hundred twenty
(120) days after the approval of a plan pursuant to this section, the council
shall implement the mattress stewardship program. (f) It is the responsibility of the
council to: (1) Notify the corporation director
whenever there is a proposed substantial change to the program. If the
corporation director takes no action on a proposed substantial change within
ninety (90) days after notification of the proposed change, the proposed
change shall be deemed approved. For the purposes of this subdivision,
"substantial change" shall include, but not be limited to: (i) A change in the processing
facilities to be used for discarded mattresses collected pursuant to the
program; or (ii) A material change to the system
for collecting mattresses. (2) Not later than October 1, 2017, the
council shall submit to the corporation director for review updated
performance goals that are based on the experience of the program during the
first two (2) years of the program. (g) The council shall notify the
corporation director of any other changes to the program on an ongoing basis,
whenever they occur, without resubmission of the plan to the corporation
director for approval. Such changes shall include, but not be limited to, a
change in the composition, officers or contact information of the council. (h) On or before July 1, 2015, and
every two (2) years thereafter, the council shall propose a uniform fee for
all mattresses sold in this state. The council may propose a change to the
uniform fee more frequently than once every two (2) years if the council
determines such change is needed to avoid funding shortfalls or excesses. Any
proposed fee shall be reviewed by an independent auditor to assure that such
assessment does not exceed the costs of the mattress stewardship program
described in subsection (b) of this section and to maintain financial
reserves sufficient to operate the program over a multi-year period in a
fiscally prudent and responsible manner. Not later than sixty (60) days after
the council proposes a mattress stewardship fee, the auditor shall render an
opinion to the corporation director as to whether the proposed mattress
stewardship fee is reasonable to achieve the goals set forth in this section.
If the auditor concludes that the mattress stewardship fee is reasonable,
then the proposed fee shall go into effect not less than ninety (90) days
after the auditor notifies the corporation director that the fee is
reasonable. If the auditor concludes that the mattress stewardship fee is
not reasonable, the auditor shall provide the council with written notice
explaining the auditor's opinion. Not later than fourteen (14) days after the
council's receipt of the auditor's opinion, the council may either propose a
new mattress stewardship fee or provide written comments on the auditor's
opinion. If the auditor concludes that the fee is not reasonable, the
corporation director shall decide, based on the auditor's opinion and any
comments provided by the council, whether to approve the proposed mattress
stewardship fee. Such auditor shall be selected by the council. The cost of
any work performed by such auditor pursuant to the provisions of the
subsection and paragraph (i) of this section shall be funded by the council. (i) (A) On and after the implementation
of the mattress stewardship program, (B) On and after the implementation
date of the mattress stewardship program, no producer, distributor or
retailer shall sell or offer for sale a mattress to any person in the state
if the producer is not a member of the council. (C) No retailer or distributor shall be
found to be in violation of the provisions of this section, if, on the date
the mattress was ordered from the producer or its agent, the producer of said
mattress was listed on the corporation's website in accordance with the
provisions of this chapter. (j) Not later than October 1, 2016 an
annually thereafter, the council shall submit an annual report to the
corporation director. The corporation director shall post such annual report
on the corporation's website. Such report shall include, but not be limited
to (1) The weight of mattresses collected
pursuant to the program from: (i) Municipal and/or transfer stations; (ii) Retailers; and (iii) All other covered entities; (2) The weight of mattresses diverted
for recycling; (3) Identification of the mattress
recycling facilities to which mattresses were delivered for recycling; (4) The weight of discarded mattresses
recycled, as indicated by the weight of each of the commodities sold to
secondary markets; (5) The weight of mattresses, or parts
thereof, sent for disposal at each of the following: (i) Rhode Island resource recovery
corporation; and (ii) Any other facilities; (6) Samples of public education
materials and methods used to support the program; (7) A description of efforts undertaken
and evaluation of the methods used to disseminate such materials; (8) Updated performance goals and an
evaluation of the effectiveness of the methods and processes used to achieve
performance goals of the program; and (9) Recommendations for any changes to
the program. (k) Two (2) years after the
implementation of the program and upon the request of the corporation director
but not more frequently than once a year, the council shall cause an audit of
the program to be conducted by the auditor describe in subsection (h) of this
section. Such audit shall review the accuracy of the council's data
concerning the program and provide any other information requested by the
corporation director. Such audit shall be paid for by the council. The
council shall maintain all records relating to the program for not less than
three (3) years. (l) No covered entity that participates
in the program shall charge for receipt of mattresses generated in the state.
Covered entities may charge a fee for providing the service of collecting
mattresses and may restrict the acceptance of mattresses by number, source or
physical condition. (m) Covered entities that, upon the
date of this act's passage, have an existing program for recycling discarded
mattresses may continue to operate such program without coordination of the
council, so long as the entities are able to demonstrate, in writing, to the
corporation director that the facilities to which discarded mattresses are
delivered are engaged in the business of recycling said mattresses and the
corporation director approves the written affirmation that the facility
engages in mattress recycling of mattresses received by the covered entity. A
copy of the written affirmation and the corporation's approval shall be
provided to the council by the corporation director in a timely manner. |
|
215) |
Section |
Add Chapter Numbers: |
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|
25-2-57 |
123 and 143 |
|
|
|
25-2-57.
Ataxia Awareness Day. -- The twenty-fifth day of September shall annually
be set apart as a day to be known as "Ataxia Awareness Day".
The day shall be observed by the people of this state with appropriate public
awareness and educational activities and forums. |
|
216) |
Section |
Add Chapter Numbers: |
|
|
27-1.1-9 |
82 and 105 |
|
|
|
27-1.1-9. Asset or deduction from liability. – No credit shall be allowed as
an admitted asset or as a deduction from liability to any ceding company for
reinsurance unless the reinsurance is payable by the assuming company on the
basis of the liability of the ceding company under the contractor contracts
reinsured without diminution because of the insolvency of the ceding company. |
|
217) |
Section |
Add Chapter Numbers: |
|
|
27-1.1-10 |
82 and 105 |
|
|
|
27-1.1-10.
Payment by assuming company. – (a)
No credit shall be allowed for reinsurance unless the reinsurance agreement
provides that payments by the assuming company shall be made directly to the
ceding company or to its liquidator, receiver, or statutory successor, except
where the contract specifically provides direct payment of the reinsurance to
the insured or a claimant on behalf of the insured in the event of the
insolvency of the ceding company, or where the assuming company, with the
consent of the direct insured or insureds, has assumed the policy obligations
of the ceding company to the payees under the policies and in substitution
for the obligations of the ceding company to the payees. (b) Except as provided in this
section, no assuming company may pay or settle, or agree to pay or settle,
any policy claim, or any portion of a claim, directly to or with a
policyholder of any ceding company if an order of rehabilitation or
liquidation has been entered against the ceding company. |
|
218) |
Section |
Amend Chapter Numbers: |
|
|
27-5-3.8 |
52 and 53 |
|
|
|
27-5-3.8.
Rhode Island commission on hurricane loss projection methodology. -- (a) Legislative findings and intent. (1) Reliable projections of hurricane
losses are necessary in order to assure that rates for residential property
insurance meet the statutory requirement that rates be neither excessive nor
inadequate. (2) The general assembly recognizes the
need for expert evaluation of computer models and other recently developed or
improved actuarial methodologies for projecting hurricane losses, in order to
resolve conflicts among actuarial professionals, and in order to provide both
immediate and continuing improvement in the sophistication of actuarial
methods used to set rates charged to consumers. (3) It is the intent of the general
assembly to create the Rhode Island commission on hurricane loss projection
methodology as a panel of experts to provide the most actuarially
sophisticated guidelines and standards for projection of hurricane losses
possible, given the current state of actuarial science. (b) Commission created. (1) There is created the Rhode Island
commission on hurricane loss projection methodology. For the purposes of this
section, the term "commission" means the Rhode Island commission on
hurricane loss projection methodology. The commission shall be
administratively housed within the department of administration, but it shall
independently exercise the powers and duties specified in this section. (2) The commission shall consist of the
following eight (8) members: (i) The director of business
regulation, acting as the administrator of insurance, or designee; (ii) The (iii) A member of the board of
directors of the Rhode Island Joint (iv) Five (5) members directly
appointed by the governor, as follows:
(A) An actuary who is employed full-time by a property and casualty insurer (B) An expert in insurance finance who
has a background in actuarial science; (C) An expert in statistics who has a
background in insurance; (D) An expert in computer system
design. (E) An expert in meteorology who
specializes in hurricanes. (3) Members designated under
subparagraphs (b)(2)(i)-(iii) shall serve on the commission as long as they
maintain the respective offices designated in subparagraphs (b)(2)(i)-(iii).
Members under subparagraph (b)(2)(iv)(A)-(E) shall serve for a term of three
(3) years (4) The governor shall annually appoint
one of the members of the commission to serve as chair. (5) Members of the commission shall
serve without compensation (6) There shall be no liability on the
part of, and no cause of action of any nature shall arise against, any member
of the commission for any action taken in the performance of their duties
under this section. In addition, the commission may, in writing, waive any
potential cause of action for negligence of a consultant, contractor, or
contract employee engaged to assist the commission. (c) Adoption and effect of standards
and guidelines. (1) The commission shall consider any
actuarial methods, principles, standards, models, or output ranges that have
the potential for improving the accuracy of or reliability of the hurricane
loss projections used in residential property insurance rate filings. The
commission shall, from time to time, adopt findings as to the accuracy or
reliability of particular methods, principles, standards, models, or output ranges. (2) The commission shall adopt
revisions to previously adopted actuarial methods, principles, standards,
models, or output ranges at least annually. (3) (i) A trade secret that is used in
designing and constructing a hurricane loss model and that is provided
pursuant to this section, by a private company, to the commission, is
confidential and shall not be deemed a public record pursuant to the
provisions of chapter 2 of title 38. (ii) That portion of a meeting of the
commission or of a rate proceeding on an insurer's rate filing at which a
trade secret made confidential and exempt by this paragraph is discussed
shall be deemed confidential and not open to disclosure pursuant to the open
meetings act, but may be discussed at a closed meeting as provided for in
chapter 46 of title 42. (d) The Rhode Island commission is
hereby authorized to form a multi-state commission with the states of
Massachusetts, |
|
219) |
Section |
Amend Chapter Numbers: |
|
|
27-10.1-1 |
82 and 105 |
|
|
|
27-10.1-1.
Purpose of chapter -- Issuance of license -- Penalties -- Renewal --
Revocation or suspension. -- (a)
The purpose of this chapter is to subject certain individuals to the
jurisdiction of the insurance commissioner. The legislature declares that it
is concerned with the business of appraising damaged automobiles and to this
end authorizes the insurance commissioner to regulate that business. No
person shall act as an appraiser for motor vehicle physical damage claims on
behalf of any insurance company or firm or corporation engaged in the
adjustment or appraisal of motor vehicle claims unless that person has first
secured a license from the insurance commissioner and has paid a license fee
of (b) Any person who violates any provision
of this chapter shall be |
|
220) |
Section |
Amend Chapter Numbers: |
|
|
27-10.1-7 |
82 and 105 |
|
|
|
27-10.1-7.
Violations -- Penalties. -- Any
person licensed under this chapter who violates the provisions of §
27-10.1-6, 27-10.1-8 or 27-10.1-8.1 or any rules and regulations promulgated
by the department of business regulation shall be subject to |
|
221) |
Section |
Amend Chapter Numbers: |
|
|
27-12-5 |
82 and 105 |
|
|
|
27-12-5.
Abstracts printed for general assembly. -- The insurance commissioner shall |
|
222) |
Section |
Amend Chapter Numbers: |
|
|
27-18-48 |
205 and 223 |
|
|
|
27-18-48.
Third party reimbursement for services of certain health care workers. -- (a) Every individual or group hospital or medical
services plan contract delivered, issued or renewed by an insurer or
nonprofit or (1) (2) The policy or contract currently
provides benefits for identical services rendered by a provider of health
care licensed by the state; and (3) The certified registered nurse
anesthetist is not a salaried employee of the licensed hospital or facility
for which the accident and sickness insurer has an alternative contractual
relationship to fund the services of a certified registered nurse
anesthetist. (b) It shall remain within the sole
discretion of the health maintenance organization as to which certified
registered nurse anesthetists it shall contract with. Reimbursement shall be
provided according to the respective principles and policies of the health maintenance
organization; provided, that no health maintenance organization may be
required to pay for duplicative services actually rendered by a certified
registered nurse anesthetist and any other health care provider. Nothing
contained in this section shall preclude the health maintenance organization
from conducting managed care, medical (c) Providers. – A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider's license or certification under applicable state law. This section shall not require that a group health plan or health insurance issuer contract with any health care provider willing to abide by the terms and conditions for participation established by the plan or issuer. Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer from establishing varying reimbursement rates based on quality or performance measures. |
|
223) |
Section |
Amend Chapter Numbers: |
|
|
27-19-40 |
205 and 223 |
|
|
|
27-19-40.
Third-party reimbursement for services of certain health care workers. -- (a) Every individual or group health insurance
contract, (1) The certified registered nurse
anesthetist (2) The policy or contract currently
provides benefits for identical services rendered by a provider of health
care licensed by the state; and (3) The certified registered nurse
anesthetist is not a salaried employee of the licensed hospital or facility
for which the nonprofit hospital service corporation has an alternative
contractual relationship to fund the services of a certified registered nurse
anesthetist. (b) It shall remain within the sole
discretion of the nonprofit hospital service corporation as to which
certified registered nurse anesthetists it shall contract with. Reimbursement
shall be provided according to the respective principles and policies of the
nonprofit hospital service corporation; provided, that no nonprofit hospital
service corporation may be required to pay for duplicative services actually
rendered by a certified registered nurse anesthetist and any other health
care provider. Nothing contained in this section shall preclude the nonprofit
hospital service corporation from conducting managed care, medical (c) Providers. – A group health plan
and a health insurance issuer offering group or individual health insurance
coverage shall not discriminate with respect to participation under the plan
or coverage against any health care provider who is acting within the scope
of that provider's license or certification under applicable state law. This
section shall not require that a group health plan or health insurance issuer
contract with any health care provider willing to abide by the terms and
conditions for participation established by the plan or issuer. Nothing in
this section shall be construed as preventing a group health plan or a
health insurance issuer from establishing varying reimbursement rates
based on quality or performance measures. |
|
224) |
Section |
Amend Chapter Numbers: |
|
|
27-20-35 |
205 and 223 |
|
|
|
27-20-35.
Third party reimbursement for services of certain health care workers. -- (a) Every individual or group health insurance
contract, (1) The certified registered nurse
anesthetist (2) The policy or contract currently
provides benefits for identical services rendered by a provider of health
care licensed by the state; and (3) The certified registered nurse
anesthetist is not a salaried employee of the licensed hospital or facility
for which the nonprofit medical service corporation has an alternative
contractual relationship to fund the services of a certified registered nurse
anesthetist. (b) It shall remain within the sole
discretion of the nonprofit medical service corporation as to which certified
registered nurse anesthetists it shall contract with. Reimbursement shall be
provided according to the respective principles and policies of the nonprofit
medical service corporation; provided, that no nonprofit medical service
corporation may be required to pay for duplicative services actually rendered
by a certified registered nurse anesthetist and any other health care
provider. Nothing contained in this section shall preclude the nonprofit
medical service corporation from conducting managed care, medical (c) Providers. – A group health plan
and a health insurance issuer offering group or individual health insurance
coverage shall not discriminate with respect to participation under the plan
or coverage against any health care provider who is acting within the scope
of that provider's license or certification under applicable state law. This
section shall not require that a group health plan or health insurance issuer
contract with any health care provider willing to abide by the terms and
conditions for participation established by the plan or issuer. Nothing in
this section shall be construed as preventing a group health plan or a
health insurance issuer from establishing varying reimbursement rates
based on quality or performance measures. |
|
225) |
Section |
Amend Chapter Numbers: |
|
|
27-29-4.4 |
142 and 154 |
|
|
|
27-29-4.4.
Auto body repair labor rate surveys. -- (a) Every insurance carrier authorized to sell motor vehicle
liability insurance in the state shall conduct an auto body repair labor rate
survey, subject (1) When used in this section the
following definitions shall apply: (i) "Auto body labor rate
survey" is an analysis of information gathered from auto body repair
shops regarding the rates of labor that repair shops charge in a certain
geographic area. (ii) "Prevailing auto body labor
rate" means the rate determined and set by an insurer as a result of
conducting an auto body labor rate survey in a particular geographic (iii) "Independent auto body
repair facility" means any auto body repair facility that does not have
a formal agreement and/or written contract with an insurer to provide auto body
repair services to insureds and/or claimants. (iv) "Direct repair program"
means any methods through which an insurer refers, suggests, recommends a
specific auto body repair facility, with whom the insurer has a formal
agreement and/or contract to provide auto body repair services, to insureds
and/or claimants. (v) "Contract rate" means any
labor rate to which an auto body repair facility and an insurer have agreed
in a formal agreement and/or written contract. (2) Each insurer must conduct (3) Insurers may not use an auto body
labor rate (4) Each auto body labor rate survey
shall include the following: (i) The name and address of each shop
surveyed in the labor survey; (ii) The total number of shops
surveyed; (iii) The prevailing rate established
by the insurer for each classification of full collision licensed auto
body repair facilities; and (iv) A description of the formula or
method used to calculate or determine the specific prevailing rate reported. (5) Each insurer must report the
results of their auto body labor rate survey to the department of business
regulation insurance division. (6) The department of business
regulation must promulgate regulations related to auto body labor rate
surveys by October 1, (i) A questionnaire that must be used
by all insurers in their labor rate survey; (ii) Date of reporting; and (iii) Number or percentage of shops to
be surveyed. (7) The department of business
regulation shall review all surveys submitted for compliance with this
section and any rules and regulations promulgated by the
department. (b) Nothing contained in §
27-29-4.4 shall require an insurer to establish the prevailing rate for each
classification of full collision licensed auto body repair facilities based
solely on the survey results. |
|
226) |
Section |
Amend Chapter Numbers: |
|
|
27-35-1 |
82 and 105 |
|
|
|
27-35-1.
Definitions. -- (a)
"Affiliate." An "affiliate" of, or person
"affiliated" with, a specific person, is a person (b) "Commissioner." The term
"commissioner" means the director of the department of business
regulation and any assistant to the director designated and authorized by him
or her while acting under that designation. (c) "Control." The term
"control" (including the terms "controlling," " its
insurance holding company system as a whole, including, but not limited to,
anything that would cause the insurer's risk-based capital to fall into
company action level as set forth in chapters |
|
227) |
Section |
Amend Chapter Numbers: |
|
|
27-35-5.5 |
82 and 105 |
|
|
|
27-35-5.5.
Group supervision. -- (a) Power of
the Commissioner. - With respect to any insurer registered under § 27-35-3,
and in accordance with subsection (c) below, the commissioner shall also have
the power to participate in a supervisory college for any domestic insurer
that is part of an insurance holding company system with international
operations in order to determine compliance by the insurer with this chapter.
The powers of the commissioner with respect to supervisory colleges include,
but are not limited to, the following: (1) Initiating the establishment of a
supervisory college; (2) Clarifying the membership and
participation of other supervisors in the supervisory college; (3) Clarifying the functions of the
supervisory college and the role of other regulators, including the
establishment of a (4) Coordinating the ongoing activities
of the supervisory college, including planning meetings, supervisory
activities, and processes for information sharing; and (5) Establishing a crisis management
plan. (b) Expenses. - Each registered insurer
subject to this section shall be liable for and shall pay the reasonable
expenses of the commissioner's participation in a supervisory college in
accordance with subsection (c) below, including reasonable travel expenses.
For purposes of this section, a supervisory college may be convened as either
a temporary or permanent forum for communication and cooperation between the
regulators charged with the supervision of the insurer or its affiliates, and
the commissioner may establish a regular assessment to the insurer for the
payment of these expenses. (c) Supervisory College. - In order to
assess the business strategy, financial position, legal and regulatory
position, risk exposure, risk (d) The commissioner is authorized to
act as the group wide supervisor for any internationally active
insurance group in accordance with the provisions of this section. However,
the commissioner may otherwise acknowledge another regulatory official as the
group wide supervisor where the internationally active insurance
group: (1) Does not have substantial
insurance operations in the United States; (2) Has substantial insurance
operations in the United States, but not in this state; or (3) Has substantial insurance
operations in the United States and this state, but the commissioner has
determined pursuant to the factors set forth in subsections (e) and (i) of
this section that the other regulatory official is the appropriate group
wide supervisor. An insurance holding company system
that does not otherwise qualify as an internationally active insurance group
may request that the commissioner make a determination or acknowledgment as
to a group wide supervisor pursuant to this section. (e) In cooperation with other state,
federal, and international regulatory agencies, the commissioner will
identify a single group wide supervisor for an internationally active
insurance group. The commissioner may determine that the commissioner is the
appropriate group wide supervisor for an internationally active
insurance group that conducts substantial insurance operations concentrated
in this state. However, the commissioner may acknowledge that a regulatory
official from another jurisdiction is the appropriate group wide
supervisor for the internationally active insurance group. The commissioner
shall consider the following factors when making a determination or
acknowledgment under this subsection: (1) The place of domicile of the
insurers within the internationally active insurance group that hold the
largest share of the group's written premiums, assets, or liabilities; (2) The place of domicile of the
top-tiered insurer(s) in the insurance holding company system of the
internationally active insurance group; (3) The location of the executive
offices or largest operational offices of the internationally active
insurance group; (4) Whether another regulatory
official is acting, or is seeking to act, as the group wide
supervisor under a regulatory system that the commissioner determines to be: (i) Substantially similar to the
system of regulation provided under the laws of this state; or (ii) Otherwise sufficient in terms of
providing for group wide supervision, enterprise risk analysis, and
cooperation with other regulatory officials; and (5) Whether another regulatory official
acting or seeking to act as the group wide supervisor provides the
commissioner with reasonably reciprocal recognition and cooperation. However, a commissioner identified
under this section as the group wide supervisor may determine that it
is appropriate to acknowledge another supervisor to serve as the group
wide supervisor. The acknowledgment of the group wide supervisor
shall be made after consideration of the factors listed in this subsection
and shall be made in cooperation with, and subject to, the
acknowledgment of other regulatory officials involved with supervision of
members of the internationally active insurance group, and in consultation
with the internationally active insurance group. (f) Notwithstanding any other
provision of law, when another regulatory official is acting as the group
wide supervisor of an internationally active insurance group, the
commissioner shall acknowledge that regulatory official as the group wide
supervisor. However, in the event of a material change in the internationally
active insurance group that results in: (1) The internationally active
insurance group's insurers domiciled in this state holding the largest share
of the group's premiums, assets, or liabilities; or (2) This state being the place of
domicile of the top-tiered insurer(s) in the insurance holding company system
of the internationally active insurance group, the commissioner shall make a
determination or acknowledgment as to the appropriate group wide
supervisor for such an internationally active insurance group pursuant to
subsection (e) of this section. (g)
Pursuant to § 27-35-5, the commissioner is authorized to collect from any
insurer registered pursuant to § 27-35-3 all information necessary to
determine whether the commissioner may act as the group wide
supervisor of an internationally active insurance group or if the
commissioner may acknowledge another regulatory official to act as the group
wide supervisor. Prior to issuing a determination that an internationally
active insurance group is subject to group wide supervision by
the commissioner, the commissioner shall notify the insurer registered pursuant
to § 27-35-3 and the ultimate controlling person within the internationally
active insurance group. The internationally active insurance group shall have
not less than thirty (30) days to provide the commissioner with additional
information pertinent to the pending determination. The commissioner shall
publish on its internet website the identity of internationally active
insurance groups that the commissioner has determined are subject to group
wide supervision by the commissioner. (h) If the commissioner is the group
wide supervisor for an internationally active insurance group, the
commissioner is authorized to engage in any of the following group wide
supervision activities: (1) Assess the enterprise risks
within the internationally active insurance group to ensure that: (i) The material financial condition
and liquidity risks to the members of the internationally active insurance
group who or that are engaged in the business of insurance are
identified by management; and (ii) Reasonable and effective
mitigation measures are in place; (2) Request, from any member of an
internationally active insurance group subject to the commissioner's
supervision, information necessary and appropriate to assess enterprise risk,
including, but not limited to, information about the members of the
internationally active insurance group regarding: (i) Governance, risk assessment,
and management; (ii) Capital adequacy; and (iii) Material intercompany
transactions; (3) Coordinate and, through the authority
of the regulatory officials of the jurisdictions where members of the
internationally active insurance group are domiciled, compel development and
implementation of reasonable measures designed to ensure that the
internationally active insurance group is able to timely recognize and
mitigate enterprise risks to members of such internationally active insurance
group who or that are engaged in the business of insurance; (4) Communicate with other state,
federal, and international regulatory agencies for members within the
internationally active insurance group and share relevant information subject
to the confidentiality provisions of § 27-35-6, through supervisory colleges
as set forth in subsection (c) of this section or otherwise; (5)
Enter into agreements with, or obtain documentation from, any
insurer registered under § 27-35-3, any member of the internationally active
insurance group, and any other state, federal, and international
regulatory agencies for members of the internationally active insurance
group, providing the basis for, or otherwise clarifying, the
commissioner's role as group wide supervisor, including provisions for
resolving disputes with other regulatory officials. Such agreements or
documentation shall not serve as evidence in any proceeding that any insurer
or person within an insurance holding company system not domiciled or incorporated
in this state is doing business in this state or is otherwise subject to
jurisdiction in this state; and (6) Other group wide
supervision activities, consistent with the authorities and purposes
enumerated above, as considered necessary by the commissioner. (i) If the commissioner acknowledges
that another regulatory official from a jurisdiction that is not accredited
by the NAIC is the group wide supervisor, the commissioner is
authorized to reasonably cooperate, through supervisory colleges or
otherwise, with group wide supervision undertaken by the group wide
supervisor, provided that: (1) The commissioner's cooperation is
in compliance with the laws of this state; and (2) The regulatory official acknowledged
as the group wide supervisor also recognizes and cooperates with the
commissioner's activities as a group wide supervisor for other
internationally active insurance groups where applicable. Where such
recognition and cooperation is not reasonably reciprocal, the commissioner is
authorized to refuse recognition and cooperation. (j) The commissioner is authorized to
enter into agreements with, or obtain documentation from, any
insurer registered under § 27-35-3, any affiliate of the insurer, and other
state, federal, and international regulatory agencies for members of
the internationally active insurance group, that provide the basis,
for or otherwise clarify, a regulatory official's role as group
wide supervisor. (k) The commissioner may promulgate
regulations necessary for the administration of this section. (l) A registered insurer subject to
this section shall be liable for and shall pay the reasonable expenses of the
commissioner's participation in the administration of this section, including
the engagement of attorneys, actuaries and any other professionals and all
reasonable travel expenses. |
|
228) |
Section |
Amend Chapter Numbers: |
|
|
27-38.2-1 |
209 and 236 |
|
|
|
27-38.2-1.
Coverage for the treatment of mental health and substance use disorders. -- (a) A group health (b) Coverage for the treatment of
mental health and (c) Financial requirements and
quantitative treatment limitations on coverage for the treatment of mental
health and (d) Coverage shall not impose
non-quantitative treatment limitations for the treatment of mental health and
(e) The following classifications shall
be used to apply the coverage requirements of this chapter: (1) Inpatient,
in-network; (2) Inpatient, out-of-network; (3) Outpatient, in-network; (4)
Outpatient, out-of-network; (5) Emergency care; and (6) Prescription drugs. (f) Medication-assisted therapy,
including methadone maintenance services, for the treatment of (g) Payors shall rely upon the
criteria of the American Society of Addiction Medicine when developing
coverage for levels of care for substance-use disorder treatment. |
|
229) |
Section |
Amend Chapter Numbers: |
|
|
27-41-49 |
205 and 223 |
|
|
|
27-41-49.
Third party reimbursement for services of certain health care workers. -- (a) Every individual or group health insurance
contract, (1) The certified registered nurse
anesthetist (2) The policy or contract currently
provides benefits for identical services rendered by a provider of health
care licensed by the state; and (3) The certified registered nurse
anesthetist is not a salaried employee of the licensed hospital or facility
for which the health maintenance organization has an alternative contractual
relationship to fund the services of a certified registered nurse
anesthetist. (b) It shall remain within the sole
discretion of the health maintenance organization as to which certified
registered nurse anesthetists it shall contract with. Reimbursement shall be
provided according to the respective principles and policies of the health
maintenance organization; provided, that no health maintenance organization
may be required to pay for duplicative services actually rendered by a
certified registered nurse anesthetist and any other health care provider.
Nothing contained in this section shall preclude the health maintenance
organization from conducting managed care, medical (c) Providers. – A group health plan
and a health insurance issuer offering group or individual health insurance
coverage shall not discriminate with respect to participation under the plan
or coverage against any health care provider who is acting within the scope
of that provider's license or certification under applicable state law. This
section shall not require that a group health plan or health insurance issuer
contract with any health care provider willing to abide by the terms and
conditions for participation established by the plan or issuer. Nothing in
this section shall be construed as preventing a group health plan or a
health insurance issuer from establishing varying reimbursement rates
based on quality or performance measures. |
|
230) |
Section |
Amend Chapter Numbers: |
|
|
27-65-1 |
82 and 105 |
|
|
|
27-65-1.
Commercial special risks. -- (a)
Commercial special risks. - Notwithstanding any other provisions of this
title to the contrary and except as limited in subsection (b) of this
section, insurers shall not be required to file with, nor to receive approval
from, the insurance division of the department of business regulation for
policy forms or rates used in the insurance of commercial special risks
located in this state. Commercial special risks are defined as: (1) Risks written as commercial lines
insurance, defined as insurance issued for purposes other than for personal,
family or (2) Those risks, or portions of them,
written as commercial lines insurance, defined as insurance issued for
purposes other than for personal, family or (3) Risks written as commercial lines
insurance that employ or retain the services of a "risk manager"
and (i) Net worth over ten million dollars
($10,000,000); (ii) Net revenue/sales of over five
million dollars ($5,000,000); (iii) More than twenty-five (25)
employees per individual company or fifty (50) employees per holding company
in the aggregate; (iv) Aggregates premiums of over thirty
thousand dollars (v) Is a not for (vi) Is a municipality with a
population of over twenty thousand (20,000); (4) Specifically designated commercial
special risks including: (i) All risks classified as highly
protected risks. "Highly protected risk" means
a fire resistive building that meets the highest standards of fire safety
according to insurance company underwriting requirements; (ii) All commercial insurance aviation
risks; (iii) All credit property insurance
risks (iv) All boiler and machinery risks; (v) All inland marine risks written as
commercial lines insurance defined as insurance issued for purposes other
than for personal, (vi) All fidelity and surety risks; (vii) All crime and burglary and theft
risks (b) Notwithstanding subsection (a) of
this section, the following lines of business shall remain subject to all
filing and approval requirements contained in this title even if written for
risks which qualify as commercial special risks: (1) Life insurance; (2) Annuities; (3) Accident and health insurance; (4) Automobile insurance (5) Workers' compensation and
employers' liability insurance; and (6) Issuance through residual market
mechanisms. (c) Any insurer (d) Brokers for exempt commercial
policyholders as defined in subdivision (a)(3) of this section shall be
exempt from the due diligence requirements of § 27-3-38(b). (e) Notwithstanding any other
provisions of this title, the requirements of § 27-5-2 shall not apply to any
policy insuring one or more commercial special risks located in this state. |
|
231) |
Section |
Add Chapter Numbers: |
|
|
28-5-7.4 |
129 and 151 |
|
|
|
28-5-7.4
Accommodation of pregnancy-related conditions. -- (a) It shall be an unlawful employment practice
for an employer, as defined in § 28-5-6 (8), to do the following: (1) To refuse to reasonably
accommodate an employee's or prospective employee's condition related to
pregnancy, childbirth, or a related medical condition, including, but not
limited to, the need to express breast milk for a nursing child, if she so
requests, unless the employer can demonstrate that the accommodation would
pose an undue hardship on the employer's program, enterprise, or
business; (2) To require an employee to
take leave if another reasonable accommodation can be provided to an
employee's condition related to the pregnancy, childbirth, or a related
medical condition; (3) To deny employment
opportunities to an employee or prospective employee, if such denial is based
on the refusal of the employer to reasonably accommodate an employee's or
prospective employee's condition related to pregnancy, childbirth, or a
related medical condition; (4) To fail to provide written
notice, including notice conspicuously posted at an employer’s place of
business in an area accessible to employees, of the right to be free from
discrimination in relation to pregnancy, childbirth, and related
conditions, including the right to reasonable accommodations for conditions
related to pregnancy, childbirth or related conditions pursuant to this
section to: (i) New employees at the commencement
of employment; (ii) Existing employees within one
hundred twenty days (120) after the effective date of this section; (iii) Any employee who notifies
the employer of her pregnancy within ten (10) days of such notification; (5) For any person, whether or
not an employer, employment agency, labor organization or employee, to aid,
abet, incite, compel, or coerce the doing of any act declared by this section
to be an unlawful employment practice; or to obstruct or prevent any
person from complying with the provisions of this section or any order issued
pursuant to this section; or to attempt directly or indirectly to
commit any act declared by this section to be an unlawful employment
practice. (b) For the purposes of this
section, the following terms shall have the following meanings: (1) "Reasonably
accommodate" means providing reasonable accommodations, including, but
not limited to, more frequent or longer breaks, time off to recover from
childbirth, acquisition or modification of equipment, seating, temporary
transfer to a less strenuous or hazardous position, job restructuring, light
duty, break time and private non-bathroom space for expressing breast milk,
assistance with manual labor, or modified work schedules; (2) "Related conditions"
includes, but is not limited to, lactation or the need to express breast milk
for a nursing child; (3) "Undue hardship" means
an action requiring significant difficulty or expense to the employer. In
making a determination of undue hardship, the factors that may be considered
include, but shall not be limited to, the following: (i) The nature and cost of the
accommodation; (ii) The overall financial resources
of the employer; the overall size of the business of the employer with
respect to the number of employees, and the number, type, and location of its
facilities; and (iii) The effect on expenses and
resources or the impact otherwise of such accommodation upon the operation of
the employer. (A) The employer shall have the
burden of proving undue hardship. (B) The fact that the employer
provides, or would be required to provide, a similar
accommodation to other classes of employees who need it, such as those who
are injured on the job or those with disabilities, shall create a rebuttable
presumption that the accommodation does not impose an undue hardship on the
employer. (4) "Qualified employee or
prospective employee" means a "qualified individual" as defined
in § 42-87-1(6)(i). (c) No employer shall be required by
this section to create additional employment that the employer would not
otherwise have created, unless the employer does so, or would do so,
for other classes of employees who need accommodation, such as those who are
injured on the job or those with disabilities. (d) No employer shall be
required to discharge any employee, transfer any employee with more
seniority, or promote any employee who is not qualified to perform the job,
unless the employer does so, or would do so, to accommodate
other classes of employees who need it, such as those who are injured on the
job or those with disabilities. (e) The provisions of this section
shall not be construed to affect any other provision of law relating to sex
discrimination or pregnancy, or to preempt, limit, diminish or otherwise
affect any other law that provides greater protection or specific benefits
with respect to pregnancy, childbirth, or medical conditions related
to childbirth. (f) Nothing in this section
shall be construed to require an individual with a need related to pregnancy,
childbirth, or a related medical condition to accept an accommodation which
such individual chooses not to accept. |
|
232) |
Section |
Add Chapter Numbers: |
|
|
28-5-43 |
244 and 273 |
|
|
|
28-5-43.
Volunteer firefighters and emergency technicians - Responding to emergencies,
prohibition of discharge from other employment. – (a) Upon prior notice of an employee, no
employer shall discharge or take any other disciplinary action against any
employee by reason of failure of that employee to report for work at the
commencement of his or her regular working hours where the failure is due to
his or her responding to an emergency in his or her capacity as a volunteer
member of a fire department or ambulance department; provided, however, that
no such employer shall be required to compensate any employee for any period
of his or her normal working hours that he or she fails to report for work.
At the request of an employer, an employee shall submit a statement signed by
the chief of his or her fire department or ambulance department certifying
the date and time the employee responded to and returned from the emergency.
An employee shall inform his or her employer or immediate supervisor of all
reasons for any failure to report to work as required. (b) As used in this section: (1) "Responding to an
emergency" means responding to, working at the scene of, or returning
from a fire, rescue, emergency medical service call, hazardous materials
incident, or a natural or man-made disaster, where the emergency occurs
during a period other than normal working hours of the employee; and (2)
"Volunteer member" means a volunteer, call, reserve, or
permanent-intermittent firefighter or emergency medical technician, but shall
not include any person who received compensation for over nine hundred
seventy-five (975) hours of services rendered in such capacity over the
preceding six (6) months. (c) Any employee who is terminated or against whom any disciplinary action is taken in violation of the provisions of this section shall be immediately reinstated to his or her former position without reduction of pay, seniority, or other benefits, and shall receive any lost pay or other benefits during any period for which such termination or other disciplinary action was in effect. An action to enforce the provisions of this section shall be commenced within one year of the date of the alleged violation, in the superior court within the county wherein the action occurred, or wherein the employer resides or transacts business. |
|
233) |
Section |
Amend Chapter Numbers: |
|
|
28-12-3 |
72 and 73 |
|
|
|
28-12-3.
Minimum wages. -- (a) Every
employer shall pay to each of his or her employees: commencing July 1, 1999,
at least the minimum wage of five dollars and sixty-five cents ($5.65) per
hour. Commencing September 1, 2000, the minimum wage is six dollars and
fifteen cents ($6.15) per hour. (b) Commencing January 1, 2004, the
minimum wage is six dollars and seventy-five cents ($6.75) per hour. (c) Commencing March 1, 2006, the
minimum wage is seven dollars and ten cents ($7.10) per hour. (d) Commencing January 1, 2007, the
minimum wage is seven dollars and forty cents ($7.40) per hour. (e) Commencing January 1, 2013, the
minimum wage is seven dollars and seventy-five cents ($7.75) per hour. (f) Commencing January 1, 2014, the
minimum wage is eight dollars ($8.00) per hour. (g) Commencing January 1, 2015, the
minimum wage is nine dollars ($9.00) per hour. (h) Commencing January 1, 2016, the
minimum wage is nine dollars and sixty cents ($9.60) per hour. |
|
234) |
Section |
Amend Chapter Numbers: |
|
|
28-14-10.1 |
246 and 267 |
|
|
|
28-14-10.1.
Payment of wages directly to employee's account in financial institution. -- (a) Notwithstanding any other provision of law,
upon written or electronic (b) If more than one employee to whom a
payment is to be made designates the same financial organization, the
disbursing officer shall make the payment by sending to the organization a
check or credit that is drawn in favor of the organization for the total
amount designated by those employees and by specifying the amount to be
credited to the account of each of those employees. (c) "State agency" means any
department, agency, board, office, or commission in state government. (d) "Financial organization"
means any bank, savings bank, savings and loan association or similar
institution, or federal or state chartered credit
union. (e) "Payroll card account"
means an account that is directly or indirectly established through an
employer to which transfers of the employee's wages, salary, or other
compensation are made, and that carries the consumer protections that
apply to payroll card accounts under the Electronic Fund Transfer Act 15
U.S.C. § 1693 et seq., and Regulation E, 29 C.F.R. Part 1005, as may be
amended. (f) If an employer pays wages to an
employee by credit to a payroll account: (1) Except as provided in subsection
(f)(2) of this section, the employee must be able to make at least one
withdrawal from the payroll card account in each pay period without charge
for any amount up to and including the full amount of the employee's net
wages for the pay period. (2) If the employee's wages are paid
more frequently than weekly, the employee must be able to make at least one
withdrawal from the payroll card account each week without charge for any
amount up to and including the full amount of the employee's net wages for
that week. (3) Employees who receive wages by
credit to a payroll card account must be provided with a means of checking
their payroll card account balances, either through an automated telephone system
or online, through the use of the internet, without cost, irrespective of the
number of inquiries made. |
|
235) |
Section |
Amend Chapter Numbers: |
|
|
28-26-11 |
74 and 83 |
|
|
|
28-26-11.
Penalty for violations. -- Whoever,
being an engineer or user or agent of steam, internal combustion engines,
electric, or compressed air hoisting machinery described in this chapter,
violates any provision of this chapter shall be fined not less than |
|
236) |
Section |
Amend Chapter Numbers: |
|
|
28-26-14 |
74 and 83 |
|
|
|
28-26-14.
Persons and machinery exempt from chapter. -- (a) The provisions of this chapter shall not apply
to engineers under the jurisdiction of the United States, or engineers or
operators employed by public utilities, and shall not apply to
agriculturists, fishers, (b) The provisions of this chapter
shall not apply to powered industrial forklift trucks commonly referenced as
forklifts, pallet trucks, rider trucks, fork trucks, or lift trucks.
Operators of powered industrial forklift trucks (forklifts, pallet trucks,
rider trucks, fork trucks, lift trucks) shall be required to possess employer
certification or |
|
237) |
Section |
Amend Chapter Numbers: |
|
|
28-30-22 |
104 and 116 |
|
|
|
28-30-22.
Medical advisory board. -- (a) The
chief judge of the workers' compensation court, in consultation with the
appropriate medical or professional association, shall appoint a medical
advisory board (b) The chief judge is authorized, with
the advice of the medical advisory board, to do the following: (1) (i) Adopt and review protocols and
standards of treatment for compensable injury, which shall address types,
frequency, modality, duration, and termination of treatment, and types and
frequency of diagnostic procedures. (ii) Within thirty (30) days of its
establishment, the medical advisory board shall prepare a recommended
standard for the consideration and weighing by the court of medical evidence,
including, but not limited to, medical test results, objective clinical
findings, subjective complaints supported by tests for inconsistency, and
purely subjective complaints, with the purposes of assuring treatment and
compensation for legitimate compensable (2) Approve and promulgate rules,
regulations, and procedures concerning the appointment and qualifications of (3) Approve and administer procedures
to disqualify or disapprove medical service providers and maintain the
approved provider list. (4) Appoint an administrator of the
medical advisory board. (5) Approve and promulgate rules,
regulations, and procedures concerning the appointment and qualifications of
impartial medical examiners. (6) Annually review the performance of
each (c) The administrator of the medical
advisory board is authorized and directed to establish terms and conditions
for (d) Any reference to an impartial
medical examiner in chapters 29 -- 38 of this title shall be deemed to
include the impartial medical examiners and (e) (1) Disqualification of medical
care providers. - Every health care provider licensed in the state of Rhode
Island shall be presumed to be qualified to provide health care services for
injuries compensable under this (i) The violation of the protocols and
standards of care established by the medical advisory board; (ii) The filing of affidavits that are
untimely, inadequate, incomplete, or untruthful; (iii) The provision of unnecessary
and/or inappropriate treatment; (iv) A pattern of violation and/or
evasion of an approved fee schedule; (v) The censure or discipline of the
provider by the licensing body of the provider's profession; (vi) The billing of, or pursuing
collection efforts against, the employee for treatment or diagnostic tests
causally related to an injury not deemed non-compensable by the workers'
compensation court. (2) Upon disqualification or during
suspension, the provider shall not be permitted to recover any costs or fees
for treatment provided under this title. The appropriate body with
professional disciplinary authority over the provider shall be notified of
any such action. Appeal of disqualification or suspension shall be to the
medical advisory board, with final review by the workers' compensation court. (3) If unnecessary or inappropriate
treatment is provided by an entity affiliated with the treating physician,
the administrator of the medical advisory board may increase the penalty for
a violation. (4) This section shall not prevent the
recovery of reasonable costs for immediate emergency care rendered by a
provider. (f) As a guide to the interpretation
and application of this section, the policy and intent of this legislature is
declared to be that every person who suffers a compensable injury with
resulting disability should be provided with |
|
238) |
Section |
Amend Chapter Numbers: |
|
|
28-33-17.2 |
104 and 116 |
|
|
|
28-33-17.2.
Employee's affirmative duty to report earnings -- Penalties for failure to
provide earnings report -- Civil and criminal liability. -- (a) It is the intent of the legislature that the
costs resulting from fraud and abuse in the workers' compensation system be
arrested. In order to discourage potential abusers, employees must be aware
of the affirmative duty to report earnings and the penalties for any fraud or
abuse must be severe and certain. (b) Any employee entitled to receive
weekly workers' compensation benefits shall have an affirmative duty to
report those earnings, including wages or salary remuneration paid for
personal services, commissions, and bonuses, including the cash value of all
remuneration payable in any medium other than cash, earned from
self-employment or from any employer other than the employer in whose employ
he or she was injured, so that compensation benefits may be properly
computed. (c) (1) The department of labor and
training, employer, or insurer shall notify any employee receiving weekly
workers' compensation benefits, on forms prescribed by the department, of
that employee's affirmative duty to report earnings and shall specifically
notify the employee that a failure to report earnings may subject him or her
to civil or criminal liability. (2) The notice by the employer or
insurer may be satisfied by printing the notice on the employee payee
statement (check stub) portion of indemnity checks sent to the employee,
or by incorporating said notice in an agreement for electronic fund transfer
or use or issuance of an electronic access device, signed by both the
employee and the employer or its insurer. (d) Any employee entitled to weekly
workers' compensation benefits for any period of time shall, upon written
request of the employer or insurer, provide at reasonable intervals to the
employer or insurer an earnings report, on forms prescribed by the
department, advising the employer or insurer of the exact amount of earnings
for each week of his or her entitlement to benefits or advising that no
earnings were received for particular weeks, so that the employer or insurer
may properly compute the amount of benefits due to the employee. (e) If any employee refuses to submit
an earnings report upon request by the employer or insurer his or her rights
to compensation may be suspended and his or her compensation during that
period of suspension may be forfeited. (f) Where any employee is found to be
entitled to benefits in excess of fifty-two (52) weeks pursuant to a decision
resulting in the entry of an order or decree, he or she shall submit an
earnings report as described in subsection (d) of this section. In these
cases, the employer or insurer must pay benefits within seven (7) days of
receipt of the earnings report; provided, that no petition to enforce shall
be allowed nor any penalty for late payment awarded unless payments were not
made within seven (7) days after the earnings report has been provided. (g) The employer or insurer shall be
entitled to recover overpayments made to any employee as a result of a
violation of the employee's duty to report earnings by any of the following
means: (1) Upon petition and order of the
workers' compensation court to suspend the employer's obligation to pay
weekly benefits. (2) By civil action in the district or
superior court. Costs and counsel fees for the action may be awarded to the
employer or insurer. (h) Any employee (i) Any employee (j) The administrator of the workers'
compensation court, any workers' compensation judge, or any representative of
an employer may be the party complainant to any complaint and warrant brought
to invoke the criminal penalties provided for in this section, and the party
complainant shall, except for the representative of the employer, be exempt
from giving surety for costs in the action. (k) All criminal actions for any
violation of this section shall be prosecuted by the attorney general. (l) Where any employer or insurer
intentionally and unreasonably utilizes the earnings report required by
subsection (d) of this section in order to harass an employee or delay
payment of benefits to an employee, a penalty of twenty percent (20%) shall
be added to all amounts of weekly compensation benefits due and owing. |
|
239) |
Section |
Amend Chapter Numbers: |
|
|
28-33-17.3 |
104 and 116 |
|
|
|
28-33-17.3.
Fraud and abuse. -- (a) (1) The
workers' compensation court is authorized and directed to impose sanctions
and penalties necessary to maintain the integrity (2) If any judge determines that any
proceedings have been brought, prosecuted, or defended by an employer,
insurer, or their counsel without reasonable grounds, then: (i) The whole cost of the proceedings
shall be assessed upon the employer, insurer, or counsel, whoever is
responsible; and (ii) If a subsequent order requires
that additional compensation be paid, a penalty of double the amount of
retroactive benefits ordered shall be paid to the employee and the penalty
shall not be included in any formula utilized to establish premium rates for
workers' compensation insurance. (3) If any judge determines that any
proceedings have been brought or defended by an employee or his or her
counsel without reasonable grounds, the whole cost of the proceedings shall
be assessed against the employee or counsel, whoever is responsible. (4) The court shall determine whether
an action or defense is frivolous or conduct giving rise to the action or
defense was unreasonable. Where the amount at issue is less than the actual
attorneys' fees of the parties combined, the court shall exercise particular
vigilance. Nothing in this subsection, however, is intended to discourage
prompt payment in full of all amounts required to be paid. (5) The appropriate body with
professional disciplinary authority over the attorney shall be notified of
the action. (b) (1) It is unlawful to do any of the
following: (i) (ii) (iii) Knowingly assist, aid and abet, solicit,
or conspire with any person who engages in an unlawful act under this
section; (iv) (v) Willfully misrepresent or fail to
disclose any material fact in order to obtain workers' compensation insurance
at less than the proper rate for the insurance including, but not limited to,
intentionally misleading or failing to disclose information to an insurer
regarding the appropriate rate classification of an employee; (vi) Willfully fail to provide a lower
rate adjustment favorable to an employer as required by an approved
experience rating plan or regulations promulgated by the insurance
commissioners; (vii) Willfully fail to report or
provide false or misleading information regarding ownership changes as
required by an approved experience rating plan or regulations promulgated by
the insurance commissioner; or (viii) Knowingly assist, aid and abet, (2) For the purposes of this section,
" (3) If it is determined that any person
concealed or knowingly failed to disclose that which is required by law to be
(4) There shall be a general amnesty
until July 1, (c) The director of labor and training
shall establish a form, in consultation with the attorney general, to be sent
to all workers who are presently receiving (d) Any employer, or in any case where
the employer is a corporation, the president, vice president, secretary,
treasurer, and other officers of the |
|
240) |
Section |
Amend Chapter Numbers: |
|
|
28-33-18.3 |
104 and 116 |
|
|
|
28-33-18.3.
Continuation of benefits -- Partial incapacity. -- (a)(1) For all injuries occurring on or after
September 1, 1990, in those cases where the employee has received a notice of
intention to terminate partial incapacity benefits pursuant to § 28-33-18,
the employee, or his or her duly authorized representative, may file with the
workers' compensation court a petition for continuation of benefits on forms
prescribed by the workers' compensation court. In any proceeding before the
workers' compensation court on a petition for continuation of partial
incapacity benefits, where the employee demonstrates by a fair preponderance
of the evidence that his or her partial incapacity poses a material hindrance
to obtaining employment suitable to his or her limitation, partial incapacity
benefits shall continue. For injuries on and after July 1, (2) The provisions of this subsection
apply to all injuries from Sept. 1, 1990, to July 1, (b) (1) Where any employee's incapacity
is partial and has extended for more than three hundred and twelve (312)
weeks and the employee has proved an entitlement to continued benefits under
subsection (a) of this section, payments made to these incapacitated
employees shall be increased annually on the tenth (10th) day of May
thereafter so long as the employee remains incapacitated. The increase shall
be by an amount equal to the total percentage increase in the annual Consumer
Price Index, United States City Average for Urban Wage Earners and Clerical
Workers, as formulated and computed by the Bureau of Labor Statistics of the
United States Department of Labor for the period of March 1 to February 28
each year. (2) (3) The annual increase shall be based
upon the percentage increase, if any, in the Consumer Price Index for the
month of a given year, over the index for February, the previous year.
Thereafter, increases shall be made on May 10 annually, based upon the
percentage increase, if any, in the Consumer Price Index for the period of
March 1 to February 28. (4) The computations in this section
shall be made by the director of labor and training and promulgated to
insurers and employers making payments required by this section. Increases
shall be paid by insurers and employers without further order of the court.
If payment payable under this section is not mailed within fourteen (14) days
after the employer or insurer has been notified by publication in a newspaper
of general circulation in the state it becomes due, there shall be added to
the unpaid payment an amount equal to twenty percent (20%) of it, to be paid
at the same time as, but in addition to, the payment. (5) This section applies only to
payment of weekly indemnity benefits to employees as described in subdivision
(1) of this (c) No petitions for commutation shall
be allowed or entertained in those cases where an employee is receiving
benefits pursuant to this section. |
|
241) |
Section |
Amend Chapter Numbers: |
|
|
28-35-39 |
104 and 116 |
|
|
|
28-35-39. Payment of compensation. -- Compensation under chapters 29 --
38 of this title shall be paid by check as defined in § 6A-3-104(f) and not
by draft, or if mutually agreed upon by both the employee and the employer
or its insurer in accordance with § 28-35-40, by electronic fund transfer, or
by electronic access device, at no cost to the employee, with the exception
of any third-party transactional fees incurred by the employee and shall
be paid promptly and directly to the person entitled to it. The check shall
contain the following language: "I understand that endorsement hereon or
deposit to my accounts constitutes my affirmation that I am receiving these
workers' compensation benefits pursuant to law, that I have made no false
claims or statements or concealed any material fact, in order to receive
these benefits and that doing so would make me liable for civil and criminal
penalties, including jail". If paid by electronic fund transfer or by
electronic access device, said notice shall be satisfied in accordance
with § 28-33-17.2(c)(2). The insurer/employer and/or its third-party
administrator shall not have, or be entitled to gain, access to
the details of electronic transactions without the express written consent of
the employee or court order from a court of competent jurisdiction. |
|
242) |
Section |
Amend Chapter Numbers: |
|
|
28-35-40 |
104 and 116 |
|
|
|
28-35-40.
Delivery of weekly compensation. --
Whenever the employee is entitled to weekly compensation under chapters 29 --
38 of this title, the employer, and/or insurance carrier, until further order
of the workers' compensation court, shall cause to be paid by electronic
fund transfer; or issued as an electronic access device; or
mailed |
|
243) |
Section |
Amend Chapter Numbers: |
|
|
28-42-8 |
101 and 113 |
|
|
|
28-42-8.
Exemptions from "employment". -- "Employment" does not include: (1) Domestic service in a private home
performed for a person who did not pay cash remuneration of one thousand
dollars ($1,000) or more in any calendar quarter after December 31, 1977, in
the current calendar year, or the preceding calendar year to individuals
employed in that domestic service in a private home; (2) Service performed by an individual
in the employ of a sole proprietorship or LLC single member filing as a sole
proprietorship with the IRS for his or her son, daughter, or spouse, and
service performed by a child under the age of eighteen (18) in the employ of
his or her father or mother who is designated as a sole proprietorship or LLC
single-member filing as a sole proprietorship with the IRS, and service is
performed by an individual under the age of eighteen (18) in the employ of a
partnership or LLC partnership consisting only of his or her parents or
domestic partners; (3) Service performed in the employ of
any other state, or any of its political subdivisions, the United States
government, an instrumentality of any other state or states or their
political subdivisions, or of an instrumentality of the United States,
except, that if the Congress of the United States permits states to require
any instrumentalities of the United States to make payments into an
unemployment fund under a state unemployment compensation act, then, to the
extent permitted by Congress, and from and after the date as of which
permission becomes effective, all of the provisions of chapters 42 -- 44 of
this title shall be applicable to those instrumentalities and to services
performed for those instrumentalities, in the same manner, to the same
extent, and on the same terms, as to all other employers, employing units,
individuals, and services. If this state is not certified by the Secretary of
Labor under 26 U.S.C. § 3304 for any year, then the payments required of
those instrumentalities with respect to that year shall be deemed to have
been erroneously collected within the meaning of § 28-43-12 and shall be
refunded by the director from the fund in accordance with § 28-43-12; (4) Service performed: (i) In the employ of: (A) A church or convention or
association of (B) An organization that is operated
primarily for religious purposes and that is operated, supervised,
controlled, or principally supported by a (ii) By a duly ordained, commissioned,
or licensed minister of a church in the exercise of his or her ministry or by
a member of a religious order in the exercise of duties required by that
order; (iii) In a facility conducted for the
purpose of carrying out a program of rehabilitation for individuals whose
earning capacity is impaired by age, physical or mental deficiency, or injury
or providing remunerative work for individuals who, because of their impaired
physical or mental capacity, cannot be readily absorbed in the competitive
labor market, by an individual receiving that rehabilitation or remunerative
work; (iv) As part of an unemployment work
relief or work-training program assisted or financed in whole, or in part, by
any federal agency or an agency of a state or one of its political
subdivisions, by an individual receiving that work relief or work training; (v) In the employ of a hospital by a
patient of the hospital; or (vi) By an inmate of a custodial or
penal institution; (5) Service with respect to which
unemployment compensation is payable under an unemployment compensation
system established by an act of Congress. The director is authorized and
directed to enter into agreements with the proper agencies under that act of
Congress, which agreements shall become effective ten (10) days after their
publication as in the manner provided in § 28-42-34, to provide reciprocal
treatment to individuals who have, after acquiring potential rights to
benefits under chapters 42 -- 44 of this title, acquired rights to
unemployment compensation under that act of Congress, or who have, after
acquiring potential rights to unemployment compensation under that act of
Congress, acquired rights to benefits under those chapters; (6) Service covered by an election duly
approved by the agency charged with the administration of any other state or
federal employment security law in accordance with an arrangement pursuant to
§ 28-42-58 during the effective period of that election, except as provided
in § (7) Services performed by an
individual, in any calendar quarter on or after January 1, 1972, in the
employ of any organization exempt from income tax under 26 U.S.C. §
501(a)(other than services performed for an organization defined in § (8) Service that is occasional,
incidental, and occurs irregularly, and is not in the course of the employing
unit's trade or business. Service for a corporation shall not be excluded; (9) Service as a golf caddy, except as
to service performed solely for a club with respect to which the club alone
bears the expense. A golf caddy, except as in this specifically provided
subdivision, shall not be construed to be an "employee" as defined
in § (10) Notwithstanding any provisions of
titles 5 and 27, service performed by an individual as a real estate
salesperson if all the service performed by that individual is performed for
remuneration solely by way of commission; (11) Notwithstanding any provisions of
titles 5 and 27, service performed by an individual as an insurance broker,
agent, or subagent if all the service performed by that individual is
performed for remuneration solely by way of commission. This exemption shall
not apply to service performed as industrial and debit insurance agents; (12) Service performed by an individual
who is enrolled at a nonprofit or public educational institution that
normally maintains a regular faculty and curriculum and normally has a
regular organized body of students in attendance at the place where its
educational activities are carried on, as a student in a full-time program,
taken for credit at that institution that combines academic instruction with
work experience, if that service is an integral part of that program, and
that institution has so certified to the employer, except that this
subdivision shall not apply to service performed in a program established
for, or on behalf of, an employer or group of employers; (13) Service performed by an individual
on a boat engaged in catching fish or other forms of aquatic animal life
under an arrangement with the owner or operator of that boat pursuant to
which: (i) That individual does not receive
any cash remuneration other than a share of the boat's catch of fish or other
forms of aquatic animal life or a share of the proceeds from the sale of that
catch; and (ii) The operating crew of that boat is
normally made up of fewer than ten (10) individuals; (14) Services performed by a member of
an Americorps program (15) Services performed by a self-employed
individual. |
|
244) |
Section |
Amend Chapter Numbers: |
|
|
28-42-62.1 |
101 and 113 |
|
|
|
28-42-62.1.
Fraud and abuse. -- (a) (1) It
shall be unlawful to do any of the following: (A) Make or cause to be made any
knowingly false or fraudulent material statement or material representation
for the purpose of obtaining or denying any benefits; (B) (C) Knowingly assist, aid and abet, solicit,
or conspire with any person who engages in an unlawful act under this
section; (D) Willfully misrepresent or fail to
disclose any material fact in order to avoid or reduce any contribution or
other payment required of an employing unit under chapters 42 -- 44 of this
title; (E) Willfully fail to report or provide
false or misleading information regarding ownership changes as required by
regulations promulgated by the department. (F) Willfully make or require any
deduction from wages to pay (2) For purposes of this section,
"statement" includes, but is not limited to, the receipt of
unemployment benefits deposited to a direct deposit account or electronic
payment card, any endorsement of a benefit check, application for
registration, oral or written statement or report, proof of unemployment, or
other documentation offered as proof of, or the absence of, entitlement to
benefits or the amount of benefits. (3) If it is determined that any person
concealed or knowingly failed to disclose that which is required by law to be
(4) Beginning October 1, 2013, whenever
the director establishes that an erroneous payment was made to an individual
due to fraud committed by the individual, that individual will be assessed a
penalty equal to fifteen percent (15%) of the amount of the erroneous
payment. All penalties assessed and collected under this subsection shall be
immediately deposited into the employment security fund. (b) The director, in consultation with
the attorney general, shall establish a form to give notice that the
endorsement of a benefit check sent or the receipt of unemployment
benefits deposited to a direct deposit account or electronic payment card
pursuant to chapter 44 of this title is the endorser's affirmation that he or
she is qualified to receive benefits under the employment security act. The
notice shall be sent to all individuals who are presently receiving benefits
and given to those who file claims for benefits in the future. |
|
245) |
Section |
Amend Chapter Numbers: |
|
|
28-43-1 |
221 and 239 |
|
|
|
28-43-1.
Definitions. -- The following words
and phrases as used in this chapter have the following meanings, unless the
context clearly requires otherwise: (1) "Balancing account" means
a book account to be established within the employment security fund, the
initial balance of which shall be established by the director as of September
30, 1979, by transferring the balance of the solvency account on that date to
the balancing account. (2) "Computation date" means
September 30 of each year. (3) "Eligible employer" means
an employer who has had three (3) consecutive experience years during each of
which contributions have been credited to his account and benefits have been
chargeable to this account. (4) "Employer's account"
means a separate account to be established within the employment security
fund by the director as of September 30, 1958, for each employer subject to
chapters 42 -- 44 of this (5) "Experience rate" means the
contribution rate assigned to an employer's account under whichever is
applicable of schedules A -- I in § 28-43-8. (6) "Experience year" means
the period of (7) "Most recent employer"
means the last (8) "Reserve percentage"
means, in relation to an employer's account, the net balance of that account
on a computation date, including any voluntary contributions made in
accordance with § 28-43-5.1, stated as a percentage of the employer's (9) "Reserve ratio of fund"
means the ratio which the total amount available for the payment of benefits
in the employment security fund on September 30, 1979, or any computation
date thereafter, minus any outstanding federal loan balance, bears to the aggregate
of all total payrolls subject to this chapter paid during the (10) "Taxable payroll" means,
for the purpose of this chapter, the total of all wages as defined in (11) "Tax year" means the
calendar year. (12) "Total payroll" means,
for the purpose of this chapter, the total of all wages paid by all employers
who are required to pay contributions under the provisions of chapters 42 --
44 of this title. (13) "Voluntary contribution"
means a contribution paid by an employer to his or her account in accordance
with § 28-43-5.1 to reduce the employer's experience rate for the ensuing tax
year. |
|
246) |
Section |
Amend Chapter Numbers: |
|
|
28-43-3 |
221 and 239 |
|
|
|
28-43-3.
Employer's accounts -- Credits and charges. -- Subsequent to the establishment of a separate
employer's account for each employer subject to chapters 42 -- 44 of this
title as set forth in § 28-43-1(4), the credits and charges to each
employer's account, exclusive of the state of Rhode Island, its political
subdivisions, and their instrumentalities, shall be determined as follows:
(1) Credits to each employer's account: (i) After the September 30, (iii) If any (iv) The entire amount charged to the
employer's account under § 28-43-9 relating to the balancing rate. (v) Whenever the provisions in this
section specify that an employer's account shall not be charged, that
non-charging shall be limited to benefits paid based on service with an
employer required to pay contributions under the provisions of chapters 42 --
44 of this title. (vi) An amount equal to the benefits
provided in § 28-44-62 and paid to each individual with respect to a benefit
year as of the date paid minus the proportionate share of those benefits for
which the state has been or will be reimbursed by the federal government. The
federal share of any payments shall be charged to the balancing account and
federal reimbursements shall be credited to the balancing account. (vii) Whenever any benefits are paid
for benefit years beginning subsequent to July 7, (viii) An employer's account shall not
be relieved of charges relating to any |
|
247) |
Section |
Add Chapter Numbers: |
|
|
28-43-5.1 |
221 and 239 |
|
|
|
28-43-5.1.
Employer's account - Voluntary contributions. -- Any employer who has been assigned an experience
rate, and who has filed all reports required under chapters 42 through 44 of
this title, and has paid all contributions, interest, and penalties
due under chapters 42 through 44 of this title, may make a voluntary
contribution to his or her account. Such voluntary contribution shall be paid
not later than thirty (30) days after the date on which the department has
issued a notice of the employer's experience rate, or prior to the expiration
of one-hundred- twenty (120) days after the start of the
calendar year, for which the experience rate is effective, whichever
is earlier. Upon timely payment of a voluntary contribution, the contribution
shall be credited to the employer's account balance and that employer
shall receive a recomputation of its experience rate for that calendar year.
No voluntary contribution shall be refunded in whole or in part. |
|
248) |
Section |
Amend Chapter Numbers: |
|
|
28-44-12 |
101 and 113 |
|
|
|
28-44-12.
Availability and registration for work. -- (a) An individual shall not be eligible for benefits for any week of
his or her partial or total unemployment unless during that week he or she is
physically able to work full-time and be available for full-time
work. To prove availability for work, every individual partially or totally
unemployed shall register for work and shall: (1) File a claim for benefits within
any time limits, with any frequency, and in any manner, in person or in
writing, as the director may prescribe; (2) Respond whenever duly called for
work through the employment office; and (3) Make an active, independent search
for suitable full-time work. (b) If an unemployed individual has
been determined to be likely to exhaust regular benefits and to need
reemployment services pursuant to a profiling system established by the
director, the individual shall be eligible to receive benefits with respect
to any week only if the individual participates in reemployment services,
such as job search assistance services, unless the director determines that: (1) The individual has completed those
services; or (2) There is justifiable cause for the
individual's failure to participate in those
services. |
|
249) |
Section |
Amend Chapter Numbers: |
|
|
28-44-18 |
101 and 113 |
|
|
|
28-44-18. Discharge for misconduct. – (a) For benefit years beginning
prior to July 1, 2012, an individual who has been discharged for proved
misconduct connected with his or her work shall become ineligible for waiting
period credit or benefits for the week in which that discharge occurred and until
he or she establishes to the satisfaction of the director that he or she has,
subsequent to that discharge, had at least eight (8) weeks of work, and in
each of that eight (8) weeks has had earnings of at least twenty (20) times
the minimum hourly wage as defined in chapter 12 of this title for performing
services in employment for one or more employers subject to chapters 42 -- 44
of this title. For benefit years beginning on or after July 1, 2012, and
prior to July 6, 2014, an individual who has been discharged for proved
misconduct connected with his or her work shall become ineligible for waiting
period credit or benefits for the week in which that discharge occurred and
until he or she establishes to the satisfaction of the director that he or she
has, subsequent to that discharge, had at least eight (8) weeks of work, and
in each of that eight (8) weeks has had earnings greater than, or equal to,
his or her weekly benefit rate for performing services in employment for one
or more employers subject to chapters 42 -- 44 of this title. For benefit
years beginning on or after July 6, 2014, an individual who has been
discharged for proved misconduct connected with his or her work shall become
ineligible for waiting-period credit or benefits for the week in which that
discharge occurred and until he or she establishes to the satisfaction of the
director that he or she has, subsequent to that discharge, had earnings
greater than, or equal to eight (8) times, his or her weekly benefit rate for
performing services in employment for one or more employers subject to
chapters 42 -- 44 of this title. Any individual who is required to leave his
or her work pursuant to a plan, system, or program, public or private,
providing for retirement, and who is otherwise eligible, shall under no
circumstances be deemed to have been discharged for misconduct. If an
individual is discharged and a complaint is issued by the regional office of
the National Labor Relations board or the state labor relations board that an
unfair labor practice has occurred in relation to the discharge, the
individual shall be entitled to benefits if otherwise eligible. For the
purposes of this section, "misconduct" is defined as deliberate
conduct in willful disregard of the employer's interest, or a knowing
violation of a reasonable and uniformly enforced rule or policy of the
employer, provided that such violation is not shown to be as a result of the
employee's incompetence. Notwithstanding any other provisions of chapters 42
-- 44 of this title, this section shall be construed in a manner that is fair
and reasonable to both the employer and the employed
worker. (b) For the purposes of chapters 42
through 44 of this title, a suspension without pay from work for proved
misconduct shall be treated as a discharge for proved misconduct and subject
to the same conditions as a discharge for proved misconduct in accordance
with subsection (a) of this section. |
|
250) |
Section |
Amend Chapter Numbers: |
|
|
28-44-38 |
101 and 113 |
|
|
|
28-44-38.
Filing of claims -- Procedures -- Printed copies -- Notices. -- (a) Claims for waiting period credit and for
benefits shall be filed in accordance with regulations adopted as prescribed.
Each employer shall post and maintain printed copies or statements of those
regulations in places readily accessible to individuals employed by him or
her. The director shall supply each employer with copies of those regulations
or statements of the regulations without cost to the employers. (b) The director shall prescribe the
type of reports required from employers and the manner in which the reports
shall be presented. (c) Upon the filing of a claim, the
director shall promptly |
|
251) |
Section |
Amend Chapter Numbers: |
|
|
28-44-39 |
102 and 112 |
|
|
|
28-44-39.
Initial determination -- Notice -- Reconsideration of monetary determination
-- Reconsideration of initial non-monetary determination – Discovery of issue
- Appeal -- Interested party. --
(a) (1) The director shall promptly determine: (i) Whether or not the claimant has met
the eligibility requirements set forth in § 28-44-11. Thereupon the director
shall promptly notify the claimant in writing of that monetary
determination, including the reasons upon which the monetary
determination was based. The director may at any time within one year from
the date of the monetary determination, either upon
request of the claimant or on his or her own motion, reconsider
that determination if he or she finds that an error in computation or in
identity has occurred in connection with it, or that additional wages
pertinent to the status of the claimant have become available, or if that initial
monetary determination was made as a result of a non-disclosure or
misrepresentation of a material fact. The notice to an eligible claimant
shall also include information as to his or her benefit year, his or her
weekly benefit amount, his or her augmented weekly benefit amount if he or
she has dependents, and the maximum amount of benefit credits to which he or
she is entitled for unemployment during his or her benefit year; (ii) Whether or not the claimant is
disqualified under any of the provisions of §§ 28-44-7, 28-44-12, 28-44-13,
28-44-16 -- 28-44-21, (2) If the director determines that the
claimant is eligible to receive waiting period credit or benefits, he or she
shall promptly furnish a written notice of that determination to the claimant
and to all interested parties other than the board of review. All notices
issued under this section shall contain a statement of the appeal rights of
the parties. (b) Unless the claimant or any other
interested party who is entitled to notice requests a hearing within fifteen
(15) days after the notice of determination has been mailed by the director
to the last known address of the claimant and of any other interested party,
the determination shall be final. For good cause shown the (c) For the purpose of this chapter, an
"interested party" is deemed to be the director, the board of
review, the claimant, and any employer or employing unit who or that
has furnished information other than wage information in accordance with §
28-44-38(c). (d) The director may, upon
discovery of a previously undetected or unknown issue under the provisions
of, or laws cited in, §§ (a)(1)(i) and (a)(1)(ii) of this subsection,
conduct a fact-finding investigation and may render a monetary or
non-monetary initial determination of the issue within one year from the date
of discovery of that issue; provided that no issue shall be addressed which
is older than six (6) years as of the date of detection of the issue. |
|
252) |
Section |
Amend Chapter Numbers: |
|
|
28-44-40 |
102 and 112 |
|
|
|
28-44-40.
Payment of benefits pending appeal. --
(a) If an appeal is filed by an employer, benefits shall be paid to an
eligible claimant until that employer's appeal is finally determined. If the
employer's appeal is finally sustained, no further benefits shall be paid to
the claimant during any remaining portion of the disqualification period. Any
benefits paid or payable to that claimant shall not be recoverable (b) If, beginning on or after October
1, 2013, the director establishes that an erroneous payment was made to |
|
253) |
Section |
Amend Chapter Numbers: |
|
|
28-52-2 |
260 and 275 |
|
|
|
28-52-2.
Workplace violence protection. --
(a) If an employer, or an employer's employee(s) or (b) Proof (by affidavit in an ex parte
hearing, or by a preponderance of the evidence in any other hearing) of any
action described in subsection (a) of this section shall constitute
irreparable harm or damage to the employer, or employer's employee(s) or
invitee(s). Upon granting of any restraining order, preliminary injunction,
or injunction, the court may, among other appropriate orders: (1) Order the defendant not to visit,
assault, molest, or otherwise interfere with the employer or the employer's
operations, or the employer's employee(s) or invitee(s) at the employer's
worksite; (2) Order the defendant to cease
stalking the employer's employee(s) or invitee(s) at the employer's worksite; (3) Order the defendant to cease
harassment of the employer or the employer's employee(s) or invitee(s) at the
employer's worksite; (4) Order the defendant not to abuse or
injure the employer, including the employer's property, or the employer's
employee(s) or invitee(s) at the employer's worksite; (5) Order the defendant not to
telephone the employer or the employer's employee(s) or invitee(s) at the
employer's worksite; (6) Order any other necessary and
appropriate relief as deemed appropriate in the discretion of the court. (c) When necessary to protect the
employer or the employer's employee(s), invitee(s), or property, and when authorized
by the court, temporary restraining orders, preliminary injunctions, and
injunctions granted pursuant to the provisions of this act may be served upon
the defendant by a peace officer, sheriff, certified constable, or (d) All orders and injunctions issued
pursuant to the provisions of this act shall have statewide validity, unless
specifically modified or terminated by the issuing judge, and may be enforced
by the issuing court for any violation anywhere in the state, and by any
court of competent jurisdiction within the state for violations which may
occur within that court's jurisdiction. (e) An employer and an employer's
agents who or that act in accord with the provisions of this
act shall be presumed to be acting in good faith and, unless lack of good
faith is shown by clear and convincing evidence, are immune from civil
liability for actions taken under this chapter. (f) Any employer, or its employee(s) or
invitee(s), (g) In no event shall this chapter be
construed to prevent lawful picketing or lawful demonstrations including, but
not limited to, those related to a labor dispute. |
|
254) |
Section |
Amend Chapter Numbers: |
|
|
28-53-2 |
104 and 116 |
|
|
|
28-53-2.
Establishment -- Sources -- Administration. -- (a) There shall be established within the
department of labor and training a special restricted receipt account to be
known as the Rhode Island uninsured employers fund. The fund shall be capitalized
from excise taxes assessed against uninsured employers pursuant to the
provisions of § 28-53-9 of this chapter and from general revenues
appropriated by the legislature. Beginning in state fiscal year ending June
30, (b) All moneys in the fund shall be
mingled and undivided. The fund shall be administered by the director of the
department of labor and (c) All amounts owed to the uninsured
employers fund from illegally uninsured employers are intended to be excise
taxes and as such, all ambiguities and uncertainties are to be resolved in
favor of a determination that such assessments are excise taxes. |
|
255) |
Section |
Amend Chapter Numbers: |
|
|
28-53-7 |
104 and 116 |
|
|
|
28-53-7.
Payments to employees of uninsured employers. -- (a) Where it is determined that the employee was
injured in the course of employment while working for an employer who fails
to maintain a policy of workers' compensation insurance as required by (b) The workers' compensation court
shall hear all petitions for payment from the fund pursuant to (c) Where an employee is deemed to be
entitled to benefits from the uninsured employers fund, the fund shall pay
benefits for disability and medical expenses as provided pursuant to chapters
29 to 38 of this title except that the employee shall not be entitled to
receive benefits for loss of function and disfigurement pursuant to the
provisions of (d) The fund shall pay cost, counsel
and witness (e) In the event that the uninsured
employer makes payment of any monies to the employee to compensate the
employee for lost wages or medical expenses, the fund shall be entitled to a
credit for all such monies received by or on behalf of the employee against
any future benefits payable directly to the employee. (f) This section shall apply to
injuries that occur on or after January 1, |
|
256) |
Section |
Amend Chapter Numbers: |
|
|
30-9-11 |
260 and 275 |
|
|
|
30-9-11.
Search warrant. -- Any court of the
state empowered to issue search warrants, on complaint on oath made to it by
the adjutant general, by any commissioned officer authorized by the adjutant
general, or |
|
257) |
Section |
Amend Chapter Numbers: |
|
|
30-15-5 |
52 and 53 |
|
|
|
30-15-5.
Emergency management preparedness agency created -- Personnel -- Facilities.
-- (a) There is hereby created
within the executive department, the Rhode Island emergency management agency
(hereinafter in this chapter called the "agency"), to be headed by (b) The (c) The agency may provide itself with
appropriate office space, furniture, equipment, supplies, stationery, and
printing. (d) The (e) Wherever in the general or public
laws, or any rule or regulation, any reference to the "executive
director" shall appear, it shall be deemed to mean and shall mean
"the director." |
|
258) |
Section |
Amend Chapter Numbers: |
|
|
30-15-6 |
52 and 53 |
|
|
|
30-15-6.
Advisory council. -- (a) There is
hereby created the Rhode Island emergency management advisory council
(hereinafter in this chapter called the "council"). The council
will consist of forty (40) members as follows:
(1) Twenty-two (22) ex officio members as follows:
(i) The lieutenant governor; (ii) The adjutant general; (iii) The director of
administration/statewide planning; (iv) The director of health; (v) The director of transportation; (vi) The director of human services; (vii) The superintendent of state
police; (viii) The public utilities
administrator; (ix) The director of the department of
environmental management; (x) The director of department of
behavioral healthcare, developmental disabilities and hospitals; (xi) The director of elderly affairs; (xii) The chairperson of the state
water resources board; (xiii) The chairperson of the
governor's commission on disabilities; (xiv) The chairperson of the Rhode
Island public transit authority; (xv) The executive director of the
coastal resources management council or his or her designee; (xvi) The executive director of the
American Red Cross, Rhode Island chapter; (xvii) The (xviii) The state court administrator; (xix) The executive director of the
commission on the deaf and hard of hearing; (xx) The director of the Providence
emergency management agency; (xxi) The executive director of E-911
emergency telephone system division; (xxii) The federal security director of
the transportation security administration for Rhode Island; and (2) Eighteen (18) members appointed
(i) Two (2) members of the senate, recommended by the president of the
senate, not more than one of whom shall be from the same political party; (ii) Two (2) members of the house of
representatives, recommended by the speaker of the house, not more than one
of whom shall be from the same political party; (iii) One representative of the
electric industry; (iv) One representative of the gas
industry; (v) One representative of the telephone
industry; (vi) The executive director of the
Rhode Island (vii) Two (2) representatives of the
general public, one who shall have expertise in disaster preparedness; (viii) One representative of the Rhode
Island league of cities and towns; (ix) One representative of the media; (x) One representative of the water
supply industry; (xi) One representative of the health
care industry; (xii) One representative of the Rhode
Island (xiii) One representative of the Rhode
Island (xiv) One representative of a private
ambulance company; and (xv) One representative of a level I
trauma hospital who shall have direct expertise in disaster preparedness. (b) It shall be the duty of the council
to advise the governor and the (1) Establish a regular meeting
schedule and form subcommittees as may be appropriate; (2) Review emergency management plans
and other matters as may be acted upon or otherwise provided for in this
chapter; (3) Establish priorities and goals on
emergency management matters on an annual basis; (4) Study emergency management plans in
conjunction with the (5) Review the coordination of the
state's emergency management programs with appropriate authorized agencies
and conduct studies on the programs as may be necessary; (6) Review the plans and operations of
the various cities and towns in disaster preparedness in conjunction with the
director and his or her office as required or necessary; and (7) [Deleted by P.L. 2000, ch. 170, §
2]; (8) Provide an annual report on its
activities in conjunction with the |
|
259) |
Section |
Amend Chapter Numbers: |
|
|
30-15.9-14 |
52 and 53 |
|
|
|
30-15.9-14.
Reporting to legislature. -- The
director of the Rhode Island |
|
260) |
Section |
Amend Chapter Numbers: |
|
|
30-24-9 |
220 and 238 |
|
|
|
30-24-9. Property of deceased residents. -- All goods, chattels, property,
money, and effects of a deceased resident of the Rhode Island veterans' |
|
261) |
Section |
Add Chapter Numbers: |
|
|
30-30.3 |
167 and 197 |
|
|
|
CHAPTER 30.3 MILITARY AFFAIRS AND DEFENSE |
|
262) |
Section |
Add Chapter Numbers: |
|
|
30-30.3.1 |
167 and 197 |
|
|
|
30-30.3-1. In-state tuition eligibility. – (a) Pursuant to the
reauthorization of the Federal Higher Education Act of 2008 and passage of
the Veterans, Access, Choice and Accountability Act of 2014, the following
individuals shall be entitled to pay tuition and fees at an institution of
higher education at the rates provided for Rhode Island residents without
regard to the length of time the person has lived in this state: (1)
Any active duty member or the spouse or dependent of an active duty member of
any branch of the uniformed services who has been on active duty for a period
of more than thirty (30) days; or (2)
Any active duty member who is injured while on active duty, and whose
injuries causes him or her to be on active duty for a period of less than
thirty (30) days; or (3)
Any veteran of the uniformed services who is eligible for Federal GI Bill
educational benefits; or (4)
Any other individual who is eligible for transferred Federal GI Bill
educational benefits or the Fry Scholarship, provided that he or she lives in
the state of Rhode Island while attending a Rhode Island public postsecondary
institution. (b)
The council of postsecondary education shall develop a policy and rules and
regulations to ensure that public postsecondary institutions in this state
implement the changes set forth in this section. |
|
263) |
Section |
Amend Chapter Numbers: |
|
|
31-2-3 |
260 and 275 |
|
|
|
31-2-3.
Enforcement duties of administrator. -- (a) The administrator of the division of motor vehicles is vested
with the power and is charged with the duty of observing, (b) The administrator shall appoint any
subordinates he or she may require for the proper performance of his or her
duties. The (c) The administrator may provide for
training for those persons designated with authority to make arrests and
shall issue to each such person credentials showing his or her identity and
these credentials shall be carried upon their person while in the discharge
of his or her duties. (d) At no time may any subordinate
authorized to make arrests stop a motorist for any violation of the motor
vehicle law while the motorist is operating a vehicle upon any highway of
this state, unless that subordinate is operating or riding in a division of
motor vehicles vehicle (e) The administrator may adopt any
further regulations that he or she may deem necessary to implement this
section. |
|
264) |
Section |
Amend Chapter Numbers: |
|
|
31-3-48 |
137 and 149 |
|
|
|
31-3-48.
Plates for recipients of Purple Heart. -- (a) The administrator of the division of motor vehicles is empowered
to make available to recipients of the Purple Heart Medal a special motor
vehicle registration plate indicating the owner as a recipient of the Purple
Heart. (b) The plate shall contain the words
"combat wounded" across the top of the plate and shall have an
insignia for the Purple Heart and be followed by the letters "P H",
followed by a numeral or numerals. The Purple Heart insignia may be
reproduced on the plate in the color purple. (c) Upon the death of the holder of any
purple heart plates, the plates shall be transferred to his or her surviving
spouse for the spouse's lifetime until he or she remarries. (d) The applicant is not required to
pay a registration fee or service charge for the
plates. (e) Upon the death of the holder of
any purple heart plates, if there is no surviving spouse, a family member of
the recipient may retain one of the special motor vehicle registration plates
in his or her own keeping, provided he or she does not display the plate upon
any motor vehicle or any other form of transportation owned or operated by
the family member. The other purple heart plate must be returned to the
division of motor vehicles. (f) Any violation of the provisions
of subsection (e) of this section shall be deemed a civil violation, and any
person displaying a special motor vehicle registration plate upon any vehicle
shall, upon conviction, be fined five hundred dollars ($500) for each
offense. Each day in which the special motor vehicle registration plate is
displayed upon any vehicle shall be a separate offense punishable by the same
penalty. |
|
265) |
Section |
Amend Chapter Numbers: |
|
|
31-10-48 |
206 and 225 |
|
|
|
31-10-48.
Veteran designation on operator license. -- (a) The administrator of the division of motor vehicles
shall, upon presentation of a United States Department of Defense (DD) FORM
214 or other acceptable documentation of military service and verification of
an honorable discharge, issue a motor vehicle operator's license or
commercial driver's license to the presenter (b) The presentment of an operator's
license marked "veteran" shall have the same validity in retail
establishments as the presentment of a certified, government-issued
military identification card as eligibility for preferential treatment. |
|
266) |
Section |
Amend Chapter Numbers: |
|
|
31-10.3-20 |
58 and 63 |
|
|
|
31-10.3-20.
Fees. -- The fees charged for
commercial licenses, endorsements, classifications, restrictions, and
required examinations shall be as follows: (1)
For every commercial operator's first license, thirty dollars
($30.00); (2) For every renewal of a commercial
license, fifty dollars ($50.00); (3) For every
duplicate commercial license, ten dollars
($10.00); (4) For every duplicate commercial
instruction permit, ten dollars ($10.00) (5) For
any change of: (i) Classification(s), ten
dollars ($10.00); (ii) Endorsement(s), ten
dollars ($10.00); (iii) Restriction(s), ten
dollars ($10.00); (6) For every written and/or
oral examination, ten dollars ($10.00); (7) The (8) For every commercial Class P (learner's permit) first license, thirty dollars ($30.00); (9) For every renewal of a commercial Class P (learner's permit) license, thirty dollars ($30.00). |
|
267) |
Section |
Amend Chapter Numbers: |
|
|
31-10.3-23 |
58 and 63 |
|
|
|
31-10.3-23. Expiration of licenses. -- Every commercial license issued by
the department shall expire on the licensee's birth date in the fifth year
following the initial issuance, excluding Class P (learner's permit) licenses
which shall expire |
|
268) |
Section |
Amend Chapter Numbers: |
|
|
31-21.2 |
214 and 235 |
|
|
|
CHAPTER 31-21.2 COMPREHENSIVE COMMUNITY-POLICE RELATIONSHIP ACT OF 2015 |
|
269) |
Section |
Amend Chapter Numbers: |
|
|
31-21.2-5 |
214 and 235 |
|
|
|
31-21.2-5.
Law enforcement practices. -- (a)
Unless there exists reasonable suspicion or probable cause of criminal
activity, no motor vehicle stopped for a traffic violation shall be detained
beyond the time needed to address the violation. Nothing contained herein
shall prohibit the detention of a motor vehicle for a reasonable period of
time for the arrival of a canine unit or subsequent criminal (b) No operator or owner-passenger of a
motor vehicle shall be requested to consent to a search by a law enforcement
officer of his or her motor (c) Each search conducted by a law
enforcement officer that does not result in criminal charges shall be
documented in a computer-aided dispatch (CAD) entry or other police-generated
report. Each search conducted by a law enforcement officer that
results in criminal charges shall be documented in a police-generated report.
The CAD entry or formal police report shall include the date, time,
and location of the stop/search, along with the "reasonable
suspicion" or "probable cause" leading to the search. The CAD
entry or formal police report shall also include the race, age,
and gender of the individual(s) searched and the results of the search.
The document, exclusive of information identifying the law enforcement
officer, shall be a public record, subject to the access to public records
act, § 38-2-2(4)(D), law enforcement exemptions. For purposes of this
section, "computer-aided dispatch" (CAD) means an electronic system
used by public safety agencies to facilitate incident response and
communications in the field that electronically records information on
call taking, dispatching, location verification, mapping, and other
functions for public safety. (d) With the
exception of operators who are subject to federal motor carrier regulations,
no operator of a motor vehicle shall be requested to provide any documentation
or identification other than a driver's license, motor vehicle registration,
and/or proof of insurance when the motor vehicle has been stopped solely for
a traffic violation, unless there exists reasonable suspicion or probable
cause of criminal activity or the operator has failed to produce a valid
driver's license. (e) If a violation of the traffic
laws in this title is used to stop a motor vehicle for non-related
investigatory reasons, the law enforcement officer shall document in writing
or electronically the investigatory basis for the stop. The documentation of
such stops shall commence no later than twelve (12) months after passage of
this act and shall be assessed every six (6) months by the respective police
department as to whether the suspicion was justified and the data be made
publicly available, subject to the access to public records act, §
38-2-2(4)(D), law enforcement exemptions. (1) All motor vehicle stops conducted
by police vehicles with such equipment shall be recorded barring exceptions
outlined below. In an effort to objectively memorialize relevant
observations, the recording shall begin no later than when an officer first
signals the vehicle to stop; and, barring conditions that could compromise a
sensitive investigation, jeopardize the safety of a vehicle occupant or
cooperating victim/witness and/or unforeseen equipment malfunction, the
recording shall continue until the motor vehicle stop is completed and the
stopped vehicle departs, or until the officer's participation in the motor
vehicle stop ends; (2) Law enforcement agencies that
acquire video and/or audio surveillance cameras for use in their vehicles
shall: (i) Notify the office of highway
safety of the Rhode Island department of transportation that such equipment
has been acquired and will be in use and the department of transportation
shall post notice of such use on its website; (ii) Issue a press release advising
the public that such equipment will be in use; and (iii) Post notice on its
website that such equipment will be in use; (3) A chain of custody of the
video/audio recordings, hereafter referred to as "recording(s)",
shall be maintained; (4)(i) A driver of a motor vehicle who
was recorded by a video/audio surveillance camera, and/or his or her legal
counsel, shall have the right to view the in-car recording at the police
station, provided that the viewing does not compromise an active investigation; (ii) A passenger of a motor vehicle who
was recorded by a video/audio surveillance camera, and/or his or her legal
counsel, shall have the right to view the in-car recording at the police
station if that passenger became the subject of the police interaction
recorded, provided that the viewing does not compromise an active
investigation; (5) The policy shall address the
period of retention for such recordings, and procedures to be used to ensure
that the recording equipment is in proper working order, and shall bar the
destruction of any recording of an incident that is the subject of a pending
complaint, misconduct investigation, or civil or
criminal proceeding. Such recordings shall be retained for a minimum of ten
(10) days after the final resolution of such investigation or proceeding,
including the time for any appeal; (6) The policy shall explicitly
prohibit any violation of these requirements, including any attempts to
disengage or tamper with the video/audio surveillance equipment, deliberately
and prematurely erase or alter a recording, or to otherwise fail to record
stops as specified herein barring the aforementioned limited exceptions; and (7) The video/audio surveillance
recordings regulated by this section shall not be deemed public records under
the access to public records act, § 38-2-1, et seq. A court may impose any
appropriate remedy in any civil or criminal proceeding where a knowing and
willful violation of these standards is found to have been committed. (h) Law enforcement officers shall
advise any motorist who is stopped of the reason for the stop. (i) Law enforcement agencies with
mobile display terminals in police vehicles shall adopt policies and
procedures governing their use that shall include the criteria
necessary to initiate a record check on a motor vehicle license or
registrant. All law enforcement agencies must comply with state and federal
guidelines related to the use and access of Rhode Island law enforcement
telecommunication system (RILETS) and National Criminal Identification Center
(NCIC). |
|
270) |
Section |
Amend Chapter Numbers: |
|
|
31-21.2-6 |
214 and 235 |
|
|
|
31-21.2-6.
Continued data collection. -- (a)
The office of highway safety of the Rhode Island J (b) The office of highway safety of
the Rhode Island (c) The office of highway safety of
the Rhode Island (d) A traffic stop data collection card
or electronic equivalent shall be completed for each routine traffic
stop by the Rhode Island (e) Upon commencement of data
collection, and monthly thereafter, each municipal police department and the
Rhode Island (f) Appropriate funding (g) The study shall include a
multivariate analysis of the collected data in accordance with general
statistical (h) The office of highway safety of
the Rhode Island (i) On a quarterly (j) Every law enforcement agency collecting
data pursuant to this chapter shall ensure that supervisory personnel review
each officer's stop and search documentation and data results on a (k) The head of every law enforcement
agency subject to this chapter, or his or her designee, shall review the data
on a regular basis in an effort to determine whether any racial disparities
in the agency's traffic stops enforcement exists, and to appropriately
respond to any such disparities. It is understood that disparities may or
may not equate to racial profiling. (l) An organization chartered for the
purpose of combating discrimination, racism, or of safeguarding civil liberties,
or of promoting full, free, or equal employment opportunities, (m) The office of highway safety of
the Rhode Island |
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271) |
Section |
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31-21.2-7 |
214 and 235 |
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|
31-21.2-7.
Data collection and use. -- (a) (b) Any police officer who in good
faith records traffic stop information pursuant to the requirements of this
chapter shall not be held civilly liable for the act of recording the
information unless the officer's conduct was
reckless. (c) All police departments shall
submit to the office of highway safety of the department of transportation,
or its designee, on an annual basis beginning on July 15, 2016, and for
four (4) years following the conclusion of data collection, a report
indicating what action, if any, has been taken, to address any racial
disparities in traffic stops and/or searches documented in the studies
authorized by §§ 31-21.1-4 and 31-21.2-6, and to otherwise implement any
recommendations of those studies, including, but not limited to, any changes
to agency policies; revisions to traffic enforcement practices; detailed
analysis and review of traffic stop data and the results of such review; or
the initiation of any disciplinary action. Any reference to disciplinary
action shall not identify the officer. The office of highway safety of the
department of transportation or its designee shall issue guidelines for
police departments to follow in preparing these reports. The reports shall be
public records and shall contain a certification that the department
has complied with § 31-21.2-6(j) and (k). (d)
Every twelve (12) months, each state and municipal law enforcement agency
shall submit to the office of highway safety of the Rhode Island department
of transportation, or its designee, on a brief form prepared by that office,
or its designee, information summarizing what, if any, actions were taken by
the agency in response to any racial disparities documented in the previous
reports issued pursuant to § 31-21.2-6(i). The summary shall include, but not
be limited to: any changes to agency policies; revisions to traffic
enforcement practices; detailed analysis and review of traffic stop data
and the results of such review; or the initiation of any disciplinary action.
Any references to disciplinary action shall not identify the officer. The
forms shall be public records, and shall contain a certification that the
department has complied with § 31-21.2-6(j) and (k). |
|
272) |
Section |
Amend Chapter Numbers: |
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31-21.2-8 |
214 and 235 |
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|
|
31-21.2-8.
Complaint procedures. -- (a) Each
state and municipal law enforcement agency shall establish a procedure to
investigate complaints of police misconduct by members of the public against
personnel of these agencies, and shall make a written description of the
procedure available to the public. Copies of any departmental complaint forms
shall be available in at least one governmental location other than the
police department. The procedure and forms shall also be made available on
any website of a law enforcement agency. (b) At a minimum, complaints shall be
accepted in person by mail or by facsimile. (c) Information on the complaints
received by each law enforcement agency shall be (1) Copies of any formal or informal
arrangements between the state police or a municipal law enforcement agency
and the bureau of immigration and customs enforcement/homeland security
investigations concerning the questioning, detention, investigation, arrest,
apprehension, stopping, referral or processing of individuals within the
state of Rhode Island, including copies of any agreements entered into
pursuant to 8 U.S.C. § 1357(g); and (2) Any policies or procedures
governing the circumstances under which an inquiry to federal authorities is
made to determine a person's immigration status. |
|
273) |
Section |
Amend Chapter Numbers: |
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31-22-11.8 |
75 and 87 |
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|
31-22-11.8. Unauthorized
use of personal wireless communication devices on a school bus. -- (a) The use of a personal wireless communications
device by a school bus driver shall be prohibited, while the bus is
transporting children, except in the case of an emergency. (b) Any person who violates any of the
provisions of subsection (a) of this section shall, upon conviction, be
punished by a fine of (c) For a subsequent conviction under
this section, a person shall be punished by a fine of |
|
274) |
Section |
Amend Chapter Numbers: |
|
|
32-3-1 |
260 and 275 |
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|
32-3-1.
Local regulations -- Prosecution of violations. -- Town councils and city councils may pass such
ordinances, by-laws, and regulations as they may think proper in relation to
the care, management, and use of the public parks, squares, or grounds within
the limits of their respective towns or cities, and may prescribe punishment
for the violation thereof by a fine not exceeding twenty dollars ($20.00) or
by imprisonment not exceeding ten (10) days for each offense. Every deputy
sheriff, town sergeant, town constable, or police officer, or any
officer authorized to serve criminal process, may arrest without a warrant
any person who does any criminal act or willfully violates any of those
ordinances, bylaw, or regulation in any of those public parks, |
|
275) |
Section |
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|
33-15.2 |
210 and 241 |
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|
|
CHAPTER
33-15.2 UNIFORM
ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT |
|
276) |
Section |
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|
33-15.2-101 |
210 and 241 |
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|
|
33-15.2-101. Short title. – This chapter shall be known and may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act." |
|
277) |
Section |
Add Chapter Numbers: |
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33-15.2-102 |
210 and 241 |
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|
33-15.2-102.
Definitions. –
As used in this chapter: (1) "Adult"
means an individual who has attained eighteen (18) years of age. (2)
"Conservator" means a person appointed by the court to administer
the property of an adult, including a person appointed under chapter 15 of
title 33. (3) "Emergency" means
circumstances that likely will result in substantial harm to a respondent's
health, safety, or welfare, and in which the appointment of a guardian is
necessary because no other person has authority to and is willing to act on
the respondent's behalf. (4)
"Guardian" means a person appointed by the court to make decisions
regarding the person of an adult, including a person appointed under chapter
15 of title 33. (5) "Guardianship
order" means an order appointing a guardian. (6)
"Guardianship proceeding" means a proceeding in which an order for
the appointment of a guardian is sought or has been issued. (7)
"Home state" means the state in which the respondent was physically
present, including any period of temporary absence, for at least six (6)
consecutive months immediately before the filing of a petition for the
appointment of a guardian or issuance of a protective order; or if none, the
state in which the respondent was physically present, including any period of
temporary absence, for at least six (6) consecutive months ending within the
six (6) months prior to the filing of the petition. (8)
"Incapacitated person" means an adult for whom a guardian has been
appointed. (9) "Party" means
the respondent, petitioner, guardian, conservator, or any other person
allowed by the court to participate in a guardianship or protective
proceeding. (10) "Person" means
an individual, corporation, business trust, estate, trust, partnership, limited-liability
company, association, joint venture, government or governmental
subdivision, agency, or instrumentality, public corporation, or any other
legal or commercial entity. (11)
"Protected person" means an adult for whom a protective order has
been made. (12) "Protective
order" means an order appointing a conservator or another court order
related to management of an adult's property. (13)
"Protective proceeding" means a judicial proceeding in which a
protective order is sought or has been issued. (14)
"Record" means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form. (15)
"Respondent" means an adult for whom a protective order or the
appointment of a guardian is sought. (16)
"Significant-connection state" means a state, other than the home
state, with which a respondent has a significant connection other than mere
physical presence and in which substantial evidence concerning the respondent
is available. (17) "State"
means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, a federally recognized Indian tribe, or any
territory or insular possession subject to the jurisdiction of the United
States. |
|
278) |
Section |
Add Chapter Numbers: |
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|
33-15.2-103 |
210 and 241 |
|
|
|
33-15.2-103. International application of chapter. – A court of this state may treat
a foreign country as if it were a state for the purposes of applying: §§
33-15.2-101 through 302; and 33-15.2-501 through 504. |
|
279) |
Section |
Add Chapter Numbers: |
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|
33-15.2-104 |
210 and 241 |
|
|
|
33-15.2-104. Communication between courts. – (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow all the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred and the names of the participants. (b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. |
|
280) |
Section |
Add Chapter Numbers: |
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|
33-15.2-105 |
210 and 241 |
|
|
|
33-15.2-105. Cooperation between courts. – (a) In a guardianship or
protective proceeding in this state, a court of this state may request the
appropriate court of another state to: (1)
Hold an evidentiary hearing; (2)
Order a person in that state to produce or give evidence pursuant to
procedures of that state; (3)
Order that an evaluation or assessment be made of the respondent, or order
any appropriate investigation of a person involved in a proceeding; (4)
Forward to the court of this state a certified copy of the transcript or
other record of a hearing under subsection (a)(1) of
this section or any other proceeding, any evidence otherwise presented under
subsection (a)(2) of this section, and any evaluation or
assessment prepared in compliance with the request under subsection (a)(3)
of this section; (5) Issue any other
order necessary to assure the appearance of a person necessary to make a
determination, including the respondent or the incapacitated or protected
person; and (6) Issue an order after a
hearing, if requested, authorizing the release of medical,
financial, criminal, or other relevant information in that state, including
protected health information as defined in 45 C.F.R. 160.103, as amended, to
the extent permitted by law other than this chapter. (b)
If a court of another state in which a guardianship or protective proceeding
is pending requests assistance of the kind provided in subsection (a) of this
section, a court of this state has jurisdiction for the limited purpose of
granting the request or making reasonable efforts to comply with the request.
|
|
281) |
Section |
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|
33-15.2-106 |
210 and 241 |
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|
|
33-15.2-106. Taking testimony in another state. – (a) In a guardianship or
protective proceeding, in addition to other procedures that may be available,
testimony of witnesses who are located in another state may be offered by
deposition or other means allowable in this state for testimony taken in another
state. The court on its own motion may order that the testimony of a witness
be taken in another state and may prescribe the manner in which, and
the terms upon which, the testimony is to be taken. (b) In
a guardianship or protective proceeding, a court in this state may permit a
witness located in another state to be deposed or to testify by telephone or
audiovisual or other electronic means. A court of this state shall cooperate
with courts of other states in designating an appropriate location for the
deposition or testimony. (c)
Documentary evidence transmitted from another state to a court of this state
by technological means that do not produce an original writing may not be
excluded from evidence on an objection based on the means of transmission. |
|
282) |
Section |
Add Chapter Numbers: |
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|
33-15.2-201 |
210 and 241 |
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|
|
33-15.2-201. Significant connection factors. – Determination of whether a
respondent has a significant connection with a particular state shall include
consideration of the following factors: (1)
The location of the respondent's family and others required to be notified of
the guardianship or protective proceeding; (2)
The length of time the respondent at any time was physically present in the
state and the duration of any absences; (3)
The location of the respondent's property; and (4)
The extent to which the respondent has other ties to the state, such
as voting registration, filing of state or local tax returns, vehicle registration,
driver's license, social relationships, and receipt of services. |
|
283) |
Section |
Add Chapter Numbers: |
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33-15.2-202 |
210 and 241 |
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|
|
33-15.2-202. Exclusive basis. – Section 8-9-9 entitled
"general probate jurisdiction," chapter 15 of title 33 entitled
"limited guardianship and guardianship of adults”, and
this chapter provide the jurisdictional basis for a court of this state to
appoint a guardian or issue a protective order for an adult. |
|
284) |
Section |
Add Chapter Numbers: |
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|
33-15.2-203 |
210 and 241 |
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|
|
33-15.2-203. Initial jurisdiction. – In addition to the limited or
special jurisdiction under § 33-15.2-204, a court of this state has
jurisdiction to appoint a guardian or issue a protective order for a
respondent if: (1)
This state is the respondent's home state; (2) On
the date the petition is filed, this state is a significant-connection state;
and (i)
The respondent does not have a home state or a court of the respondent's home
state has declined to exercise jurisdiction because this state is a more
appropriate forum; or (ii)
The respondent has a home state, a petition for the appointment of a guardian
or protective order has not been filed in a court of that state or in another
significant-connection state, and, before the court makes the appointment or
issues the order: (A) A
petition for appointment or order is not filed in the respondent's home state; (B) An
objection to the jurisdiction of the court in this state has not been filed;
and (C)
The court in this state concludes that it is an appropriate forum under the
factors set forth in § 33-15.2-206; or (3)
This state does not have jurisdiction under either subsection (1) or (2) of
this section, the respondent's home state and all significant-connection
states have declined to exercise jurisdiction because this state is the more
appropriate forum, and jurisdiction in this state is consistent with the
constitutions of this state and the United States. |
|
285) |
Section |
Add Chapter Numbers: |
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33-15.2-204 |
210 and 241 |
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|
|
33-15.2-204. Special cases. – (a) A court of this state
lacking jurisdiction under § 33- 15.2-203 has special jurisdiction to do any
of the following: (1)
Appoint a guardian in an emergency for a term not exceeding ninety (90) days
for a respondent who is physically present in this state; (2)
Issue a protective order with respect to real or tangible personal property
located in this state; (3)
Appoint a guardian or conservator for an incapacitated or protected person
for whom a provisional or temporary order to transfer the proceeding from
another state has been issued as provided under procedures similar to §
33-15.2-301. (b) If
a petition for the appointment of a guardian in an emergency is brought in
this state and this state was not the respondent's home state on the date the
petition was filed, the court shall dismiss the proceeding at the request of
the court in such other state, if any, whether dismissal is requested before
or after the emergency appointment. |
|
286) |
Section |
Add Chapter Numbers: |
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33-15.2-205 |
210 and 241 |
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|
|
33-15.2-205. Exclusive and continuing jurisdiction.
– Except
as otherwise provided in § 33-15.2-204, a court that has appointed a guardian
or issued a protective order consistent with this chapter has exclusive and
continuing jurisdiction over the proceeding until it is terminated by the
court or the appointment or order expires by its own terms. |
|
287) |
Section |
Add Chapter Numbers: |
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|
33-15.2-206 |
210 and 241 |
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|
|
33-15.2-206. Declining jurisdiction if another court
is a more appropriate forum. – (a) A court of this state having jurisdiction
under § 33-15.2-203 to appoint a guardian or issue a protective order may
decline to exercise its jurisdiction if it determines at any time that a
court of another state is a more appropriate forum. (b) If
a court of this state declines jurisdiction over a guardianship or protective
proceeding under subsection (a) of this section, it shall either dismiss the
proceeding or stay the proceeding. The court may impose any other condition
the court considers just and proper, including the condition that a petition
for the appointment of a guardian or protective order be promptly filed in
another state. (c) In
determining whether it is an appropriate forum, the court shall consider all
relevant factors, including: (1)
Any expressed preference of the respondent; (2)
Whether abuse, neglect, or exploitation of the respondent has occurred or is
likely to occur and which state could best protect the respondent from the
abuse, neglect, or exploitation; (3)
The length of time the respondent was physically present in or was a legal
resident of this or another state; (4)
The distance of the respondent from the court in each state; (5)
The financial circumstances of the respondent's estate; (6)
The nature and location of the evidence; (7)
The ability of the court in each state to decide the issue expeditiously and
the procedures necessary to present evidence; (8)
The familiarity of the court of each state with the facts and issues in the
proceeding; and (9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator. |
|
288) |
Section |
Add Chapter Numbers: |
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|
33-15.2-207 |
210 and 241 |
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|
|
33-15.2-207. Jurisdiction declined by reason of
conduct. – (a)
If at any time a court of this state determines that it acquired jurisdiction
to appoint a guardian or issue a protective order because of unjustifiable
conduct, the court may: (1)
Decline to exercise jurisdiction; (2)
Exercise jurisdiction for the limited purpose of fashioning an appropriate
remedy to ensure the health, safety, and welfare of the respondent or the
protection of the respondent's property or prevent a repetition of the
unjustifiable conduct, including staying the proceeding until a petition for
the appointment of a guardian or issuance of a protective order is filed in a
court of another state having jurisdiction; or (3)
Continue to exercise jurisdiction after considering: (i)
The extent to which the respondent and all persons required to be notified of
the proceedings has acquiesced in the exercise of the court's jurisdiction; (ii)
Whether it is a more appropriate forum than the court of any other state
under the factors set forth in § 33-15.2-206(c); and (iii)
Whether the court of any other state would have jurisdiction under factual
circumstances in substantial conformity with the jurisdictional standards of
§ 33-15.2-203. (b) If a court of this
state determines that it acquired jurisdiction to appoint a guardian or issue
a protective order because a party seeking to invoke its jurisdiction engaged
in unjustifiable conduct, it may assess against that party necessary and
reasonable expenses, including attorney's fees, investigative fees, court
costs, communication expenses, witness fees and expenses, and travel
expenses. The court may not assess fees, costs, or expenses of any kind
against this state or a governmental subdivision, agency, or instrumentality
of this state unless authorized by law other than this chapter. |
|
289) |
Section |
Add Chapter Numbers: |
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|
33-15.2-208 |
210 and 241 |
|
|
|
33-15.2-208. Notice of proceeding. – If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the proceeding must be given by the petitioner to those persons who would be entitled to notice of the petition if the proceeding were brought in such other state, if any. The notice must be given in the manner as required by chapters 15 of title 33 and 22 of this title. |
|
290) |
Section |
Add Chapter Numbers: |
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33-15.2-209 |
210 and 241 |
|
|
|
33-15.2-209. Proceedings in more than one state. – Except for a petition for the
appointment of a guardian in an emergency or a protective order limited to
property located in this state as provided in § 33-15.2-204(a)(l) or (a)(2),
if a petition for the appointment of a guardian or protective order is filed
in this and another state and neither petition has been dismissed or
withdrawn, the following rules apply: (1) If
the court in this state has jurisdiction under § 33-15.2-203, it may proceed
with the case unless a court in another state acquires jurisdiction under
provisions similar to § 33-15.2- 203 before the appointment or issuance of
the order. (2) If
the court in this state does not have jurisdiction under § 33-15.2-203,
whether at the time the petition is filed or at any time before the
appointment or issuance of the order, the court shall stay the proceeding and
communicate with the court in the other state. If the court in the other
state has jurisdiction, the court in this state shall dismiss the petition
unless the court in the other state determines that the court of this state
is a more appropriate forum. |
|
291) |
Section |
Add Chapter Numbers: |
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33-15.2-301 |
210 and 241 |
|
|
|
33-15.2-301. Petition to transfer jurisdiction to
another state. – (a) Following the appointment of a guardian or conservator, the
guardian or conservator may petition the court to transfer the guardianship
or conservatorship to another state. (b)
Notice of the petition to transfer a guardianship or conservatorship under
subsection (a) of this section must be given by the petitioner to those
persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator. (c)
The court shall hold a hearing on a petition filed pursuant to subsection
(a). (d)
The court shall issue a temporary order granting a petition to transfer a
guardianship and shall direct the guardian to petition for guardianship in
the other state if the court finds that: (1)
The incapacitated person is physically present in or is reasonably expected
to move permanently to the other state; (2) An
objection to the transfer has not been made or, if an objection has been
made, the objector has not established that the transfer would be contrary to
the interests of the incapacitated person; (3)
The court is satisfied that plans for care and services for the incapacitated
person in the other state are reasonable and sufficient; and (4)
The court is satisfied that the guardianship will be accepted by the court to
which the proceeding will be transferred. (e)
The court shall issue a temporary order granting a petition to transfer a
conservatorship and shall direct the conservator to file a petition for
conservatorship in the other state if the court finds that: (1)
The protected person is physically present in or is reasonably expected to
move permanently to the other state, or the protected person has a
significant connection to the other state considering the factors set forth
in § 33-15.2-201; (2) An
objection to the transfer has not been made or, if an objection has been
made, the objector has not established that the transfer would be contrary to
the interests of the protected person; (3)
The court is satisfied that adequate arrangements will be made for management
of the protected person's property; and (4) The
court is satisfied that the conservatorship will be accepted by the court to
which the proceeding will be transferred. (f)
The court shall issue a final order confirming the transfer and terminating
the guardianship or conservatorship upon its receipt of: (1) A
provisional or temporary order accepting the proceeding from the court to
which the proceeding is to be transferred which is issued under provisions
similar to § 33-15.2-302; and (2) The documents required to terminate a guardianship or conservatorship in this state. |
|
292) |
Section |
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|
33-15.2-302 |
210 and 241 |
|
|
|
33-15.2-302. Petition to accept proceeding
transferred from another state. – (a) Upon issuance of a provisional or temporary
order in another state to transfer a guardianship or conservatorship to this
state under provisions similar to those in § 33-15.2-301, the guardian or
conservator shall petition the court in this state to accept the guardianship
or conservatorship. The
petition must include a certified copy of the other state's provisional or
temporary order and relevant file documents. (b)
Notice of a petition under subsection (a) to accept a
guardianship or conservatorship from another state must be given by the
petitioner to those persons that would be entitled to notice if the petition
were a petition for the appointment of a guardian or issuance of a protective
order in both the transferring state and this state. The notice must be given
in the manner required by chapters 15 of title 33 and 22 of title 33. (c)
The court shall hold a hearing on a petition filed pursuant to subsection (a)
to accept a guardianship or conservatorship from another state. (d) If
the court is satisfied with the documentation and evidence presented, the
petition filed under subsection (a) shall be granted,
unless an objection is made and the objector establishes that transfer of the
proceeding would be contrary to the interests of the incapacitated or
protected person. (e) No
later than ninety (90) days after issuance of a permanent order accepting
transfer of a guardianship or conservatorship, the court shall determine
whether the guardianship or conservatorship needs to be modified to conform
to the law of this state. (f) In
approving a petition under this section, the court shall recognize a
guardianship or conservatorship order from the other state, including the
determination of the incapacitated or protected person's incapacity and the
appointment of the guardian or conservator, if the guardian or conservator is
eligible to act in this state, and the determination of the need for a
guardian or conservator conforms to the law of this state. (g) The denial of a petition filed under subsection (a) of this section to accept a guardianship or conservatorship from another state does not affect the ability of a guardian or conservator appointed by a court in another state to seek appointment as guardian of the incapacitated person or conservator of the protected person under chapter 15 of this title. |
|
293) |
Section |
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|
33-15.2-401 |
210 and 241 |
|
|
|
33-15.2-401. Registration of guardianship orders. – If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, a guardian appointed in another state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court of this state in any appropriate city or town of this state certified copies of the order and letters of office. |
|
294) |
Section |
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|
33-15.2-402 |
210 and 241 |
|
|
|
33-15.2-402. Registration of protective orders. – If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in another state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any city or town in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. |
|
295) |
Section |
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|
33-15.2-403 |
210 and 241 |
|
|
|
33-15.2-403. Effect of registration. – (a) Upon registration of a
guardianship or protective order from another state, the guardian or
conservator may exercise in this state all powers authorized in the order of
appointment except as prohibited under the laws of this state, including
maintaining actions and proceedings in this state and, if the guardian or
conservator is not a resident of this state, subject to any conditions
imposed upon nonresident parties. (b) A
court of this state may grant any relief available under this chapter and
other laws of this state to enforce a registered order. |
|
296) |
Section |
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|
|
33-15.2-501 |
210 and 241 |
|
|
|
33-15.2-501. Uniformity of application and
construction. – In applying and construing this uniform act, consideration must
be given to the need to promote uniformity of the law with respect to its
subject matter among states that enact it. |
|
297) |
Section |
Add Chapter Numbers: |
|
|
33-15.2-502 |
210 and 241 |
|
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33-15.2-502. Relation to electronic signatures in
global and national commerce act. – This chapter modifies, limits,
and supersedes the Federal Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. § 7001, et seq., but does not
modify, limit, or supersede section 101(c) of that act, 15 U.S.C. §
7001(c), or authorize electronic delivery of any of the notices
described in section 103(b) of that act, 15 U.S.C. 7003(b). |
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298) |
Section |
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33-15.2-503 |
210 and 241 |
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33-15.2-503.
Reserved. – |
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299) |
Section |
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33-15.2-504 |
210 and 241 |
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33-15.2-504.
Transitional provision. – (a)
This chapter applies to guardianship and protective proceedings begun on or
after January 1, 2016. (b) For proceedings begun before
January 1, 2016, whether or not a guardianship or protective order has been
issued, §§ 33-15.2-101 through 106 and 33-15.2-301 through 502 apply. |
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300) |
Section |
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34-18-19 |
125 and 134 |
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34-18-19.
Security deposits. -- (a) A
landlord may not demand or receive a security deposit, however denominated,
in an amount or value in excess of one month's periodic rent. (b) Upon termination of the tenancy,
the amount of security deposit due to the tenant shall be the entire amount
given by the tenant as a security deposit, minus any amount of unpaid accrued
rent, the amount due, if any, for reasonable cleaning expenses, the amount
due, if any, for reasonable trash disposal expenses and the amount of
physical damages to the premises, other than ordinary wear and tear, which
the landlord has suffered by reason of the tenant's noncompliance with §
34-18-24, all as itemized by the landlord in a written notice delivered to
the tenant. The landlord shall deliver the notice, together with the amount
of the security deposit due to the tenant, within twenty (20) days after the
later of either termination of the tenancy, delivery of possession, or the
tenant's providing the landlord with a forwarding address for the purpose of
receiving the security deposit. (c) If the landlord fails to comply
with subsection (b), the tenant may recover the amount due him or her,
together with damages in an amount equal to twice the amount wrongfully
withheld, and reasonable attorney fees. (d) This section does not preclude the
landlord or tenant from recovering other damages to which he or she may be
entitled under this chapter. (e) In the event the landlord transfers his
or her interest in the premises, the holder of the landlord's interest in the
premises at the time of the termination of the tenancy is bound by this
section. (f) No rental agreement shall contain
any waiver of the provisions of this section. |
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301) |
Section |
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34-18-48 |
260 and 275 |
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34-18-48.
Execution. -- If no appeal is
claimed, and if the judgment has not been satisfied, execution shall be
issued on the sixth (6th) day following judgment. Executions shall be issued |
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302) |
Section |
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34-21-9 |
260 and 275 |
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34-21-9.
Form of writ of return and restoration. -- The writ of return and restoration shall be substantially as
follows: THE STATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS. SC.
To the sheriffs and certified constables
of our several counties, or (SEAL) to their
deputies, Greeting: Whereas ………….. of …………………
in the county of ……………….. lately replevied the following goods and chattels,
viz.: (here enumerate and particularly describe them) which ……………………. of
…………………….. in our county of ………………………. had unlawfully taken (detained, or
attached, as the case may be) as suggested, and caused …………………. to be
summoned to appear before our superior court to be held at ……………………….. to
answer unto ……………………… for such unlawful taking (detaining, or attaching, as
the case may be) on the ……………. day of …………….. And whereas, to our said court
at its session held as aforesaid, upon a full hearing of the cause of the
taking (detaining, or attaching, as the case may be) it appeared that the
taking (detaining, or attaching, as the case may be) was lawful and justifiable,
whereupon it was then and there by the court considered that the same be
returned and restored unto ……………………… irrepleviable, and that …………………………
recover against ……………….. the sum of …………………. dollars damages, for his or her
taking the same by the process of replevin and his or her costs of defense
taxed at ……………………… as to us appears of record, whereof execution remains to
be done: we command you, therefore, that you forthwith return and restore the
same goods and chattels unto …………………… and also that of the goods and chattels
and real estate of …………………… within your precinct, you cause to be levied and
paid unto the aforesaid sums, being in the whole , Clerk. |
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303) |
Section |
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34-25.1-9 |
128 and 135 |
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34-25.1-9.
Required counseling. -- (a) All
lenders shall deliver to all reverse mortgage loan applicants a statement, if
available, prepared by the department of elderly affairs on the advisability
and availability of independent counseling and information services. With
respect to every reverse mortgage loan, the prospective mortgagor(s) shall
complete a reverse mortgage counseling program. An original certificate,
dated and signed by both the counselor and the mortgagor(s), certifying that
the counseling required by (b) The reverse mortgage counseling
program shall include, but is not limited to, all matters enumerated in
subsections (c) Counseling shall comply with the
following requirements: (1) It shall be conducted in person; however, if the prospective
mortgagor(s) cannot or choose(s) not to travel to a housing counseling agency
and cannot be visited by a counselor in their home, telephone counseling
shall be permitted by counseling agencies that are authorized by (d) In the event that counseling shall
not be available free of charge, the mortgagee shall be responsible for the
cost of the counseling to the extent that all other legitimate sources
or funding the counseling (e) Counseling shall include, without
limitation, discussion of the following with the prospective mortgagor(s): (1) Options other than a reverse
mortgage that are available to the mortgagor(s), including other housing,
social service, health, and financial options; (2) Other home equity conversion
options that are or may become available to the mortgagor(s), such as other
reverse mortgages, sale-leaseback financing, deferred payment loan, and
property tax deferral; (3) The financial implications of
entering into a reverse mortgage; (4) A disclosure that a reverse
mortgage may have tax consequences, affect eligibility for assistance under
federal and state programs, and have an impact on the estate and heirs of the
homeowner(s), as well as an explanation of how the reverse mortgage may
affect the estate and public benefits of the mortgagor(s); (5) Such other topics as shall be
required to be addressed during counseling with respect to a reverse mortgage
pursuant to 12 U.S.C. § 1715z-20, and/or any regulations promulgated pursuant
thereto; and (6) Such other topics as shall be
required to be addressed by the director of the department of elderly affairs. (f) Subsections |
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304) |
Section |
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34-26-7 |
96 and 106 |
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34-26-7.
Certain ancient mortgages becoming void unless continued. -- On and after January 1, 1989, no power of sale in
any mortgage of real estate, except mortgages made by public utilities |
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305) |
Section |
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34-27-3.2 |
147 and 155 |
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34-27-3.2.
Mediation conference. -- (a)
Statement of policy. - It is hereby declared that residential mortgage
foreclosure actions, caused in part by unemployment and underemployment, have
negatively impacted a substantial number of homeowners throughout the state,
creating a situation that endangers the economic stability of many of the
citizens of this state as the increasing numbers of foreclosures lead to
increases in unoccupied and unattended buildings and the unwanted
displacement of homeowners and tenants who desire to live and work within the
state. (b) Purpose. - The statutory framework
for foreclosure proceedings is prescribed under the provisions of chapter 27
of title 34. As the need for a mortgage mediation process has evolved, it is
important for the state to develop a standardized, statewide process for
foreclosure mediation rather than a process based on local ordinances that
may vary from municipality to municipality. By providing a uniform standard
for an early HUD-approved, independent counseling process in owner-occupied
principal residence mortgage foreclosure cases, the chances of achieving a
positive outcome for homeowners and lenders will be enhanced. (c) Definitions. - The following
definitions apply in the interpretations of the provisions of this section unless
the context requires another meaning: (1) "Default" means the
failure of the mortgagor to make a timely payment of an amount due under the
terms of the mortgage contract, which failure has not been subsequently
cured. (2) "Department" means the
department of business regulation. (3) "Good Faith" means that
the mortgagor and mortgagee deal honestly and fairly with the mediation
coordinator with an intent to determine whether an alternative to foreclosure
is economically feasible for the mortgagor and mortgagee, as evidenced by
some or all of the following factors: (i) Mortgagee provided notice as
required by this section; (ii) Mortgagee designated an agent to
participate in the mediation conference on its (iii) Mortgagee made reasonable efforts
to respond in a timely manner to requests for information from the mediation
coordinator, mortgagor, or counselor assisting the mortgagor; (iv) Mortgagee (v) Where a mortgagee (4) "HUD" means the United
States Department of Housing and Urban Development and any successor to such
department. (5) "Mediation conference"
means a conference involving the mortgagee and mortgagor, coordinated and
facilitated by a mediation coordinator whose purpose is to determine whether
an alternative to foreclosure is economically feasible to both the mortgagee
and the mortgagor, and if it is determined that an alternative to foreclosure
is economically feasible, to facilitate a loan workout or other solution in
an effort to avoid foreclosure. (6) "Mediation coordinator"
means a person employed by a Rhode Island-based, HUD-approved counseling
agency designated to serve as the unbiased, (7) "Mortgage" means an
individual consumer first-lien mortgage on any owner-occupied, (8) "Mortgagee" means the
holder of a mortgage, or its agent or employee, including a mortgage servicer
acting on behalf of a mortgagee. (9) "Mortgagor" means the
person (i) The heir or devisee occupies the
property as his or her primary residence; and (ii) The heir or devisee has record
title to the property, or a representative of the estate of the mortgagor has
been appointed with authority to participate in a mediation conference. (d) The mortgagee shall, prior to
initiation of foreclosure of real estate pursuant to § 34-27-4(b), provide to
the mortgagor written notice at the address of the real estate and, if
different, at the address designated by the mortgagor by written notice to
the mortgagee as the mortgagor's address for receipt of notices, that the
mortgagee may not foreclose on the mortgaged property without first
participating in a mediation conference. Notice addressed and delivered as
provided in this section shall be effective with respect to the mortgagor and
any heir or devisee of the mortgagor. (1) If the mortgagee fails to mail the
notice required by this subsection to the mortgagor within one hundred twenty
(120) days after the date of default, it shall pay a penalty at the rate of
one thousand ($1,000) per month for each month or part thereof, with the
first month commencing on the one hundred twenty-first (121st) day after the
date of default and a new month commencing on the same day (or if there is no
such day, then on the last day) of each succeeding calendar month until the
mortgagee sends the mortgagor written notice as required by this section. Notwithstanding the foregoing, any
penalties assessed under this subsection for any failure of any mortgagee to
provide notice as provided herein during the period from September 13, 2013,
through the effective date of this section shall not exceed the total amount
of one hundred twenty-five thousand dollars ($125,000) for such mortgagee. (2) Penalties accruing pursuant to
subsection (d)(l) shall be paid to the mediation coordinator prior to the
completion of the mediation process. All penalties accrued under this section
shall be transferred to the state within one month of receipt by the
mediation coordinator and deposited to the (3) Issuance by the mediation
coordinator of a certificate authorizing the mortgagee to proceed to
foreclosure, or otherwise certifying the mortgagee's good-faith effort to
comply with the provisions of this section, shall constitute conclusive
evidence that, to the extent that any penalty may have accrued pursuant to
subsection (d)(1), the penalty has been paid in full by the mortgagee. (4) Notwithstanding any other
provisions of this subsection, a mortgagee shall not accrue any penalty if
the notice required by this subsection is mailed to the borrower: (i) Within sixty (60) days after the
date upon which the loan is released from the protection of the automatic
stay in a bankruptcy proceeding, or any similar injunctive order issued by a
state or federal court, or within sixty (60) days after a loan is no
longer afforded protection under the Servicemember's Civil Relief Act (50
U.S.C. App. §§ 501-597b) or the provisions of § 34-27-4(d), or
within one hundred twenty (120) days of the date on which the mortgagor
initially failed to comply with the terms of an eligible workout agreement,
as hereinafter defined; and (ii) The mortgagee otherwise complies
with the requirements of subsection (d); provided, however, that if the
mortgagee fails to mail the notice required by subsection (d) to the
mortgagor within the time frame set forth in subsection (d)(4)(i), the mortgagee
shall pay a penalty at the rate of one thousand dollars ($1,000) per month
for each (5) Notwithstanding any other
provisions of this section, a mortgagee may initiate a judicial foreclosure
in accordance with § 34-27-1. (e) A form of written notice meeting
the requirements of this section shall be promulgated by the department for
use by mortgagees at least thirty (30) days prior to the effective date of
this section. The written notice required by this section shall be in
English, Portuguese, and (f) The mediation conference shall take
place in person, or over the phone, at a time and place deemed mutually
convenient for the parties by an individual employed by a HUD-approved,
independent counseling agency selected by the mortgagee to serve as a
mediation coordinator, but not later than sixty (60) days following the
mailing of the notice. The mortgagor shall cooperate in all respects with the
mediation coordinator including, but not limited to, providing all necessary
financial and employment information and completing any and all loan
resolution proposals and applications deemed appropriate by the mediation
coordinator. A mediation conference between the mortgagor and mortgagee
conducted by a mediation coordinator shall be provided at no cost to the
mortgagor. The HUD-approved counseling agency shall be compensated by the
mortgagee at a rate not to exceed five hundred dollars ($500) per engagement. (g) If, after two (2) attempts by the
mediation coordinator to contact the mortgagor, the mortgagor fails to
respond to the mediation coordinator's request to appear at a mediation
conference, or the mortgagor fails to cooperate in any respect with the
requirements of this section, the requirements of the section shall be deemed
satisfied upon verification by the mediation coordinator that the required notice
was sent and any penalties accrued pursuant to subsection (d)(1) and any
payments owed pursuant to subsection (f) have been paid. Upon verification, a
certificate will be issued immediately by the mediation coordinator
authorizing the mortgagee to proceed with the foreclosure action, including
recording the deed. Such certificate shall be valid until the earlier of: (1) The curing of the default
condition; or (2) The foreclosure of the mortgagor's
right of redemption. The certificate shall be recorded along
with the foreclosure deed. A form of certificate meeting the requirements of
this section shall be promulgated by the department for use by mortgagees at
least thirty (30) days prior to the effective date of this section. (h) If the mediation coordinator
determines that after a good-faith effort made by the mortgagee at the
mediation conference, the parties cannot come to an agreement to renegotiate
the terms of the loan in an effort to avoid foreclosure, such good faith
effort by the mortgagee shall be deemed to satisfy the requirements of this
section. A certificate certifying such good faith effort will be promptly
issued by the mediation coordinator authorizing the mortgagee to proceed with
the foreclosure action and recording of the foreclosure deed; provided,
however, that the mediation coordinator shall not be required to issue such a
certificate until any penalties accrued pursuant to subsections (d)(1) and (1) The curing of the default
condition; or (2) The foreclosure of the mortgagor's
equity of redemption. The certificate shall be recorded along with the
foreclosure deed. A form of certificate meeting the requirements of this
section shall be promulgated by the department for use by mortgagees at least
thirty (30) days prior to the effective date of this section. (i) If the mortgagee and mortgagor are
able to reach agreement to renegotiate the terms of the loan to avoid
foreclosure, the agreement shall be reduced to writing and executed by the
mortgagor and mortgagee. If the mortgagee and mortgagor reach agreement after
the notice of mediation conference is sent to the mortgagor, but without the
assistance of the mediation coordinator, the mortgagee shall provide a copy
of the written agreement to the mediation coordinator. Upon receipt of a
written agreement between the mortgagee and mortgagor, the mediation
coordinator shall issue a certificate of eligible workout agreement if the
workout agreement would result in a net financial benefit to the mortgagor as
compared to the terms of the mortgage ("Certificate of Eligible Workout Agreement").
For purposes of this subsection, evidence of an agreement shall include, but
not be limited to, evidence of agreement by both mortgagee and mortgagor to
the terms of a short sale or a deed in lieu of foreclosure, regardless of
whether said short sale or deed in lieu of foreclosure is subsequently
completed. (j) Notwithstanding any other
provisions of this section, where a mortgagor and mortgagee have entered into
a written agreement and the mediation coordinator has issued a certificate of
eligible workout agreement as provided in subsection (i), if the mortgagor
fails to fulfill his or her obligations under the eligible workout agreement,
the provisions of this section shall not apply to any foreclosure initiated
under this chapter within twelve (12) months following the date of the
eligible workout agreement. In such case, the mortgagee shall include in the
foreclosure deed an affidavit establishing its right to proceed under this
section. (k) This section shall apply only to
foreclosure of mortgages on owner-occupied, residential real property with no
more than four (4) dwelling units that is the primary dwelling of the
mortgagor and not to mortgages secured by other real property. (l) Notwithstanding any other
provisions of this section, any (1) The mortgagee is headquartered in
Rhode Island; or (2) The mortgagee maintains a physical
office, or offices, exclusively in Rhode Island from which office, or
offices, it carries out full-service mortgage operations, including the
acceptance and processing of mortgage payments and the provision of local
customer service and loss mitigation and where Rhode Island staff have the
authority to approve loan restructuring and other loss mitigation strategies;
and (3) The deed offered by a mortgagee to
be filed with the city or town recorder of deeds as a result of a mortgage
foreclosure action under power of sale contained a certification that the
provisions of this section have been satisfied. (m) No deed offered by a mortgagee as a
result of a mortgage foreclosure action under power of sale shall be
submitted to a city or town recorder of deeds for recording in the land
evidence records of the city or town until and unless the requirements of
this section are met. Failure of the mortgagee to comply with the
requirements of this section shall render the foreclosure (n) Any existing municipal ordinance or
future ordinance that requires a conciliation or mediation process as a
precondition to the recordation of a foreclosure deed shall comply with the
provisions set forth herein and any provisions of said ordinances that do not
comply with the provisions set forth herein shall be determined to be
unenforceable. (o) The provisions of this section
shall not apply if: (1) (p) Limitations on actions. - Any
person who claims that a foreclosure is not valid due to the mortgagee's
failure to comply with the terms of this section shall have one year from the
date that the first notice of foreclosure was published to file a complaint
in the superior court for the county in which the property is located and
shall also file in the records of land evidence in the city or town where the
land subject to the mortgage is located a notice of lis pendens, the
complaint to be filed on the same day as the notice of lis |
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306) |
Section |
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34-28-4.1 |
258 and 279 |
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34-28-4.1.
Contractors. -- No person
contracting directly with either the owner of the land, lessee, or tenant of
the land, or owner of less than the fee simple, other than material
suppliers, as those terms are referred to in Insert name of owner, lessee or tenant,
or owner of less than the fee simple. The undersigned is about to perform work
and/or furnish materials for the construction, erection, |
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307) |
Section |
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34-37-1 |
161 and 180 |
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34-37-1.
Finding and declaration of policy. --
(a) In the State of Rhode Island and Providence Plantations, hereinafter
referred to as the state, many people are denied equal opportunity in
obtaining housing accommodations and are forced to live in circumscribed
areas because of discriminatory housing practices based upon race, color,
religion, sex, sexual orientation, gender identity or expression, marital
status, military status as a veteran with an honorable discharge or an
honorable or general administrative discharge, servicemember in the armed
forces, country of ancestral origin, disability, age, familial
status, or on the basis that a tenant or (b) It is hereby declared to be the
policy of the state to assure to all individuals regardless of race, color,
religion, sex, sexual orientation, gender identity or expression, marital
status, military status as a veteran with an honorable discharge or an
honorable or general administrative discharge, servicemember in the armed
forces, country of ancestral origin, or disability, age, familial
status, housing status, or those tenants or (c) The practice of discrimination in
rental housing based on the potential or actual tenancy of a person with a
minor child, or on the basis that a tenant or (d) This chapter shall be deemed an
exercise of the police power of the state for the protection of the public
welfare, prosperity, health, and peace of the people of the state. (e) Nothing in this section shall
prevent a landlord from proceeding with eviction action against a tenant who
fails to comply with § 34-18-24(7). |
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308) |
Section |
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34-37-2 |
161 and 180 |
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34-37-2. Right to equal housing opportunities --
Civil rights. -- The right of all individuals in the state to equal housing
opportunities |
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309) |
Section |
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34-37-3 |
161 and 180 |
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34-37-3.
Definitions. -- When used in this
chapter: (1) "Age" means anyone over
the age of eighteen (18). (2) “Armed forces”
means the Army, Navy, Marine Corps, Coast Guard, Merchant Marines, or Air
Force of the United States and the Rhode Island National Guard. (A) A parent or another person having
legal custody of the individual or individuals; or (B) The designee of the parent or other
person having the custody, with the written permission of the parent or other
(ii) The protections afforded against
discrimination on the basis of familial status shall apply to any person who
is pregnant or is in the process of securing legal custody of any individual
who has not attained the age of eighteen (18) years. |
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310) |
Section |
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34-37-4 |
161 and 180 |
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34-37-4.
Unlawful housing practices. -- (a)
No owner having the right to sell, rent, lease, or manage a housing
accommodation as defined in § 34-37-3(11), or an agent of any of (b) No person to whom application is
made for a loan or other form of financial assistance for the acquisition,
construction, rehabilitation, repair, or maintenance of any housing
accommodation, whether secured or unsecured shall directly or indirectly make
or cause to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, gender identity or expression, marital
status, military status as a veteran with an honorable discharge or an
honorable or general administrative discharge, servicemember in the armed
forces, country of ancestral origin, disability, age, familial
status, or any express written or oral inquiry into whether a tenant or (c) Nothing in this section contained
shall be construed in any manner to prohibit or limit the exercise of the
privilege of every person and the agent of any person having the right to
sell, rent, lease, or manage a housing accommodation to establish standards
and preferences and set terms, conditions, limitations, or specifications in
the selling, renting, leasing, or letting thereof or in the furnishing of
facilities or services in connection therewith (d) An owner may not refuse to allow a
person with a disability to make, at his or her expense, reasonable
modifications of existing premises occupied or to be occupied by the person
if the modifications may be necessary to afford the person full enjoyment of
the premises, except that, in the case of a rental, the owner (e) (1) An owner may not refuse to make
reasonable accommodations in rules, policies, practices, or (2) Every person with a disability who
has a guide dog or other personal assistive animal, or who obtains a guide dog
or other personal assistive animal, shall be entitled to full and equal
access to all housing accommodations provided for in this (f) Any housing accommodation of four
(4) units or more constructed for first occupancy after (1) The public use and common use
portions of the dwellings are readily accessible to and usable by persons
with disabilities; (2) All the doors designed to allow
passage into and within all premises within the dwellings are sufficiently
wide to allow passage by persons with disabilities in wheelchairs; (3) All premises within the dwellings
contain the following features of adaptive design: (i) Accessible route into and through
the dwelling; (ii) Light switches, electrical
outlets, thermostats, and other environmental controls in accessible
locations; (iii) Reinforcements in bathroom walls
to allow later installation of grab bars; and (iv) Usable kitchens and bathrooms such
that an individual in a wheelchair can maneuver about the space. To the
extent that any state or local building codes, (g) Compliance with the appropriate
requirements of the (h) As used in subsection (f), the term
"housing accommodation of four (4) units or more" means: (1) Buildings consisting of four (4) or
more units if those buildings have one or more elevators; and (2) Ground floor units in other
buildings consisting of four (4) or more units; (i) Nothing in subsection (f) shall be
construed to limit any law, statute, or regulation (j) Nothing in this section requires
that a dwelling be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of other individuals or
whose tenancy would result in substantial physical damage to the property of
others. (k) Nothing contained in this chapter
shall be construed to prohibit an owner, lessee, sublessee, or assignee from
advertising or selecting a person of the same or opposite gender to rent,
lease, or share the housing unit (l) No person shall aid, abet, incite,
compel, or coerce the doing of any act declared by this section to be an
unlawful housing (m) No (n) Nothing in this section shall
prevent a landlord from proceeding with eviction action against a tenant who
fails to comply with § 34-18-24(7) |
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311) |
Section |
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34-37-4.3 |
161 an 180 |
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34-37-4.3. Discrimination in granting credit or
loans prohibited. -- No financial organization governed by the
provisions of title 19 or any other credit granting commercial institution
may discriminate in the granting or extension of any form of loan or credit,
or the privilege or capacity to obtain any form of loan or credit, on the
basis of the applicant's sex, marital status, military status as a veteran
with an honorable discharge or an honorable or general administrative
discharge, servicemember in the armed forces, race or color,
religion or country of ancestral origin, disability or age or familial
status, sexual orientation, or gender identity or |
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312) |
Section |
Amend Chapter Numbers: |
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34-37-5.2 |
161 and 180 |
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34-37-5.2. Discrimination in brokerage services. -- It shall be unlawful to deny any
person who meets licensing and other non-discriminatory requirements |
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313) |
Section |
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34-37-5.3 |
161 and 180 |
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34-37-5.3. Fostering of segregated housing prohibited.
-- It shall
be an unlawful discriminatory housing practice to for profit |
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314) |
Section |
Amend Chapter Numbers: |
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34-37-5.4 |
161 and 180 |
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34-37-5.4.
Discrimination in residential real estate related transactions. -- (a) It shall be unlawful for any person or other
entity whose business includes engaging in residential (b) As used in this section, the term
"residential (1) The making or purchasing of loans
or providing other financial assistance: (i) For purchasing, constructing,
improving, repairing, or maintaining a dwelling; or (ii) Secured by residential real
estate. (2) The selling, brokering, or
appraising of residential real property. (c) Nothing in this chapter prohibits a
person engaged in the business of furnishing appraisals of real property to
take into consideration factors other than race, color, religion, marital
status, military status as a veteran with an honorable discharge or an
honorable or general administrative discharge, servicemember in the armed
forces, country of ancestral origin, sex, sexual orientation, gender
identity or expression, age, disability, or familial
status. |
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315) |
Section |
Add Chapter Numbers: |
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34-37-5.5 |
174 and 184 |
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34-37-5.5.
Freedom of condominium owners and apartment renters to display certain
religious items. – (a) Except as
otherwise provided by this section, a landlord or owner, as defined in §
34-18-11; a management committee, as defined in § 34-36-3; or an
association of unit owners, as defined in § 34-36.1-1.03 (hereinafter
"property owners"); may not enforce or adopt a restrictive
covenant or otherwise prohibit a unit owner or tenant from displaying or
affixing on the entry to the unit owner's or tenant's dwelling one or more
religious items, the display of which is motivated by the unit owner's or
tenant's sincere religious belief. (b) This section does not prohibit
the enforcement or adoption of a covenant that, to the extent allowed by the
constitutions of this state and the United States, prohibits the display or
affixing of a religious item on the entry to the unit owner's or tenant's
dwelling that: (1) Threatens the public health or
safety; (2) Violates the provisions of
chapter 37 of title 34 or any other state or federal law barring
discrimination in housing, or any other law; (3) Is in a location other than the
entry door or door frame or extends past the outer edge of the door frame of
the unit owner's or resident's dwelling; or (4) Individually, or in
combination with each other religious item displayed or affixed on the entry
door or door frame, has a total size of greater than twenty-five (25)
square inches. (c) Except as otherwise provided,
this section does not authorize a unit owner or tenant to use a material or
color for an entry door or door frame of the owner's or resident's dwelling
or make an alteration to the entry door or door frame that is not authorized
by the restrictive covenant governing the dwelling. (d) A property owner's association
may remove an item displayed in violation of a restrictive covenant permitted
by this section. |
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316) |
Section |
Amend Chapter Numbers: |
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34-37-9 |
161 and 180 |
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34-37-9. Construction.
-- The provisions of this chapter
shall be construed liberally for the accomplishment of the purposes intended
and any provisions of any law inconsistent with any provisions hereof shall
not apply. Nothing contained in this chapter shall be construed to repeal any
of the provisions of any law of the state prohibiting discrimination based on
race or color, religion, sex, marital status, military status as a veteran
with an honorable discharge or an honorable or general administrative
discharge, servicemember in the armed forces, country of ancestral
origin, disability, age, or familial status. Nothing contained in this
chapter shall restrict the original jurisdiction of the courts to proceed
with evictions as provided in chapter 18 of this title. |
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317) |
Section |
Amend Chapter Numbers: |
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34-44-2 |
81 and 89 |
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34-44-2.
Definitions. -- As used in this
chapter: (1) "Abandon" or
"abandonment" means a situation where the owner of a building has
intended to abandon the building, and has manifested the intent with some act
or failure to act. In determining whether an owner has abandoned his or her
building (i) Whether or not the building is
vacant; (ii) Whether or not the grounds are
maintained; (iii) Whether or not the building's
interior is sound; (iv) Whether or not any vandalism on
the building has gone unrepaired; (v) Whether or not rents have been
collected from the building's tenants by the owner; (vi) The length of time any of the
above conditions have existed. (2) "Abate" or
"abatement" in connection with any property means the removal or
correction of any hazardous conditions deemed to constitute a public nuisance
and the making of such other improvements as are needed to (3) "Building" means any
building or structure (4) "Interested party" means
any owner, mortgagee, lienholder, or other person that possesses an interest
of record in any property that becomes subject to the jurisdiction of the
court pursuant to this chapter and any applicant for the appointment of a
receiver pursuant to this chapter. (5) "Neighboring landowner"
means any owner of property, including any person who is purchasing property
by land installment contract or under a duly executed purchase contract, that
is located within two hundred feet of any property that becomes subject to
the jurisdiction of the court pursuant to this chapter. (6) "Public nuisance" means a
building that is a menace to the public health, welfare, or safety |
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318) |
Section |
Amend Chapter Numbers: |
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35-6-13 |
254 and 269 |
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35-6-13.
Transmission of accounts allowed by courts. -- Every account allowed by the supreme court items
thereof, allowed by |
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319) |
Section |
Amend Chapter Numbers: |
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35-6-14 |
254 and 269 |
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35-6-14. Payments for compensation of jurors. -- The state controller, based upon a
statement exhibited to him or her by the jury commissioner |
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320) |
Section |
Repeal Chapter Numbers: |
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35-6-21 |
254 and 269 |
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35-6-21. [Repealed.] |
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321) |
Section |
Repeal Chapter Numbers: |
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35-6-22 |
254 and 269 |
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35-6-22. [Repealed.] |
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322) |
Section |
Amend Chapter Numbers: |
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35-6-26 |
254 and 269 |
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35-6-26. Settlement of costs of state witnesses. -- Every officer receiving any money
from the treasury for disbursement as provided in §§ 35-6-22 -- 35-6-25
shall, within ten (10) days after the disposition of the criminal trials
before juries for the session, or portion of the session, as the case may be,
for which the money is obtained, |
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323) |
Section |
Repeal Chapter Numbers: |
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35-6-27 |
254 and 269 |
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35-6-27. [Repealed.] |
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324) |
Section |
Amend Chapter Numbers: |
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35-6-28 |
254 and 269 |
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35-6-28. Settlement of accounts of district court
clerks. --
Every |
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325) |
Section |
Amend Chapter Numbers: |
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35-6-31 |
254 and 269 |
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|
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35-6-31. Accounting for court fines and forfeitures.
-- Deputy
sheriffs, jailers, and other persons, |
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326) |
Section |
Amend Chapter Numbers: |
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35-6-32 |
254 and 269 |
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|
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35-6-32. Court clerk's return of fines and
penalties. -- Every
clerk of a |
|
327) |
Section |
Amend Chapter Numbers: |
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35-6-33 |
254 and 269 |
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35-6-33.
Payment of criminal costs to person entitled. -- All costs received by the clerk of any court, |
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328) |
Section |
Amend Chapter Numbers: |
|
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35-14-2 |
165 and 196 |
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35-14-2.
Policy. -- (a) The legislature
hereby finds that: (1) Fraud and errors in state programs
are more likely to occur from a lack of (2) Effective (3) (i) Reliability of financial
reporting; (ii) Compliance with applicable laws
and regulations; and (iii) Effectiveness and efficiency of
operations. (4) (5) Reports (b) The legislature declares that: (1) (2) (3) All levels of management of the
state agencies must be involved in assessing and strengthening the systems of
internal |
|
329) |
Section |
Amend Chapter Numbers: |
|
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35-20-2 |
165 and 196 |
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35-20-2.
Policy. -- (a) The legislature
hereby finds that: (1) Fraud and errors in public and
quasi-public programs are more likely to occur from a lack of (2) Effective (3) (i) Reliability of financial reporting;
(ii) Compliance with applicable laws
and regulations; and (iii) Effectiveness and efficiency of
operations. (4) (5) Reports (b) The legislature declares that: (1) (2) (3) All levels of management of the
public corporation must be involved in assessing and strengthening the
systems of internal |
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330) |
Section |
Amend Chapter Numbers: |
|
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36-8-1 |
141 article, 12 and 141 article, 21 |
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36-8-1 Definition of terms. – The following words and phrases as used in chapters 8 to 10 of this title unless a different meaning is plainly required by the context, shall have the following meanings: (1) "Accumulated contributions" shall mean the sum of all the amounts deducted from 7 the compensation of a member and credited to his or her individual pension account. (2) "Active member" shall mean any employee of the state of Rhode Island as defined in this section for whom the retirement system is currently receiving regular contributions pursuant 10 to §§ 36-10-1 and 36-10-1.1. 1 (3) "Actuarial equivalent" shall mean an allowance or benefit of equal value to any other allowance or benefit when computed upon the basis of the actuarial tables in use by the system. (4) "Annuity reserve" shall mean the present value of all payments to be made on account of any annuity, benefit, or retirement allowance granted under the provisions of chapter of this title computed upon the basis of such mortality tables as shall be adopted from time to time by the retirement board with regular interest. (5)(a) "Average compensation" for members eligible to retire as of September 30, 2009 shall mean the average of the highest three (3) consecutive years of compensation, within the total service when the average compensation was the highest. For members eligible to retire on or after 20 October 1, 2009, "Average compensation" shall mean the average of the highest five (5) consecutive years of compensation within the total service when the average compensation was the highest. (b) For members who become eligible to retire on or after July 1, 2012, if more than one half (1/2) of the member's total years of service consist of years of service during which the member devoted less than thirty (30) business hours per week to the service of the state, but the member's average compensation consists of three (3) or more years during which the member devoted more than thirty (30) business hours per week to the service of the state, such member's average compensation shall mean the average of the highest ten (10) consecutive years of compensation within the total service when the average compensation was the highest. (6) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by chapter 10 of this title. (7) "Casual employee" shall mean those persons hired for a temporary period, a period of emergency or an occasional period. (8) "Compensation" as used in chapters 8 – 10 of this title, chapters 16 and 17 of title 16, and chapter 21 of title 45 shall mean salary or wages earned and paid for the performance of duties for covered employment, including regular longevity or incentive plans approved by the board, but shall not include payments made for overtime or any other reason other than performance of duties, including but not limited to the types of payments listed below: (i) Payments contingent on the employee having terminated or died; (ii) Payments made at termination for unused sick leave, vacation leave, or compensatory time; (iii) Payments contingent on the employee terminating employment at a specified time in the future to secure voluntary retirement or to secure release of an unexpired contract of employment; (iv) Individual salary adjustments which are granted primarily in anticipation of the employee's retirement; (v) Additional payments for performing temporary or extra duties beyond the normal or regular work day or work year. (9) "Employee" shall mean any officer or employee of the state of Rhode Island whose business time is devoted exclusively to the services of the state, but shall not include one whose duties are of a casual or seasonal nature. The retirement board shall determine who are employees within the meaning of this chapter. The governor of the state, the lieutenant governor, the secretary of state, the attorney general, the general treasurer, and the members of the general assembly, ex officio, shall not be deemed to be employees within the meaning of that term unless and until they elect to become members of the system as provided in § 36-9-6, but in no case shall it deem as an employee, for the purposes of this chapter, any individual who devotes less than twenty (20) business hours per week to the service of the state, and who receives less than the equivalent of minimum wage compensation on an hourly basis for his or her services, except as provided in § 36-9-24. Any commissioner of a municipal housing authority or any member of a part-time state, municipal or local board, commission, committee or other public authority shall not be deemed to be an employee within the meaning of this chapter. (10) "Full actuarial costs" or "full actuarial value" shall mean the lump sum payable by a member claiming service credit for certain employment for which that payment is required which is determined according to the age of the member and the employee's annual rate of compensation at the time he or she applies for service credit and which is expressed as a rate percent of the employee's annual rate of compensation to be multiplied by the number of years for which he or she claims service credit as prescribed in a schedule adopted by the retirement board from time to time on the basis of computation by the actuary. Except as provided in §§ 16-16-7.1, 36-5-3, 36- 1 9-31, 36-10-10.4, 45-21-53, 36-10-8, 45-21-29, 8-3-16(b), 8-8-10.1(b), 42-28-22.1(b)(c) and 28- 2 30-18.1(b):. (i) all service credit purchases requested after June 16, 2009 and prior to July 1, 2012, shall be at full actuarial value; and (ii) all service credit purchases requested after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%). The rules applicable to a service credit purchase shall be the rules of the retirement system in effect at the time the purchase application is submitted to the retirement system. (11) "Inactive member" shall mean a member who has withdrawn from service as an employee but who has not received a refund of contributions. (12) "Members" shall mean any person included in the membership of the retirement system as provided in §§ 36-9-1 – 36-9-7. (13) "Prior service" shall mean service as a member rendered before July 1, 1936, certified on his or her prior service certificate and allowable as provided in § 36-9-28. (14) "Regular interest" shall mean interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the retirement board. (15) "Retirement allowance" shall mean annual payments for life made after retirement under and in accordance with chapters 8 to 10 of this title. All allowances shall be paid in equal monthly installments beginning as of the effective date thereof; provided, that a smaller pro rata amount may be paid for part of a month where separation from service occurs during the month in which the application was filed, and when the allowance ceases before the last day of the month. (16) "Retirement board" or "board" shall mean the board provided in § 36-8-3 to administer the retirement system. (17) "Retirement system" shall mean the employees' retirement system of the state of Rhode Island as defined in § 36-8-2. (18) "Service" shall mean service as an employee of the state of Rhode Island as described in subdivision (9) of this section. (19) "Social Security retirement age" shall mean a member's full retirement age as determined in accordance with the federal Old Age, Survivors and Disability Insurance Act, not to exceed age sixty-seven (67). (20) "Total service" shall
mean prior service as defined above, plus service rendered as a member on or
after July 1, 1936. |
|
331) |
Section |
Amend Chapter Numbers: |
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37-7-9 |
222 and 242 |
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|
|
37-7-9.
Concessions, leases, and licenses -- Reports. -- (a) The acquiring authority, with the approval of
the state properties committee, is authorized and (b) Whenever property |
|
332) |
Section |
Amend Chapter Numbers: |
|
|
37-8-8 |
263 and 281 |
|
|
|
37-8-8.
Battle flags and markers. – (a)
The priceless battle flags and markers now belonging to the state of Rhode
Island, and any (b) Notwithstanding any other
provision of law, the department of administration is authorized to remove,
conserve, and indefinitely store any battle flag or marker it deems to be in
such a state of deterioration that its removal from the State House
encasements is necessary for its continued existence. (c) The department of administration
is directed to study the condition of the State House historic battle flags
and markers, the encasements in which they are housed and their method of
display to ensure their continued survival while permitting, to the extent
possible, continued public display of these historic artifacts. In conducting
such study, the department shall seek input and guidance from persons with expertise
in historic preservation, textile conservation, veterans' affairs and
military history, as well as from members of the public. The department shall
prepare a comprehensive set of recommendations for the conservation and
display of these battle flags and markers. The department shall present its
findings and recommendations to the governor, the speaker of the house, and
the president of the senate not later than January 1, 2017. (d)
The department is authorized to apply for and accept public or private funds
to carry out this study and for the continued preservation and display of
these battle flags and markers. |
|
333) |
Section |
Amend Chapter Numbers: |
|
|
39-1-27.3 |
77 and 90 |
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|
|
39-1-27.3.
Electric distribution companies (b) Through year 2009, and effective
July 1, 2007, through year 2020, each electric distribution company
shall arrange for a standard power supply offer ("standard offer")
to customers that have not elected to enter into power supply arrangements
with other nonregulated power suppliers. The rates that are charged by the electric
distribution company to customers for standard offer service shall be
approved by the commission and shall be designed to recover the electric
distribution company's costs and no more than the electric
distribution company's costs; provided, that the commission may establish
and/or implement a rate that averages the costs over periods of time. The electric
distribution company shall not be entitled to recover any profit margin
on the sale of standard offer power, except with approval of the commission
as may be necessary to implement, fairly and effectively,
system reliability and least-cost procurement. The electric distribution
company will be entitled to recover its costs incurred from providing the
standard offer arising out of: (1) (c) In recognition that electricity is
an essential service, each electric distribution company shall arrange
for a (d) If a customer being served by a
nonregulated power producer pays any taxes assessed for electric service to
the electric distribution company and the electric distribution
company forwards such tax payment for the power portion of the bill to a
nonregulated power producer for payment by the nonregulated power producer to
the state, neither the customer nor the electric distribution company
shall be liable for such taxes forwarded if the nonregulated power producer
fails to remit such taxes to the state for any reason. |
|
334) |
Section |
Amend Chapter Numbers: |
|
|
39-3-40 |
54 and 55 |
|
|
|
39-3-40.
Storage, transportation and distribution of gas – Regulation – Penalties. --
(a) In regulating the storage,
transportation, and distribution of gas, and the
pressure under which these operations may respectively be carried on, the
division of public utilities and carriers may ascertain, determine,
and fix adequate and serviceable standards for the measurement of quality,
pressure, or other condition pertaining to the performing of
its service, or to the furnishing of its product or commodity,
by any gas storage, transportation, and distribution facility,
and prescribe reasonable regulations for examination and testing of such
service, product, or commodity. (b)(1) Any person, firm or corporation
who or that violates any provision of any code adopted by the
division pertaining to the safety of pipeline facilities and the
transportation of gas, or of any regulation or rule thereunder, at a time when
the division has submitted and has in effect the annual certification to the
United States (2) Any such penalty shall be determined
by the division. In determining the amount of the penalty, the
appropriateness of the penalty to the size of the business of the person,
firm, or corporation charged |
|
335) |
Section |
Amend Chapter Numbers: |
|
|
39-14-9 |
215 and 234 |
|
|
|
39-14-9.
Vehicles to be operated by owner or employee -- Assignment or lease of
rights. -- |
|
336) |
Section |
Amend Chapter Numbers: |
|
|
39-14.1-1 |
216 and 233 |
|
|
|
39-14.1-1.
Definitions. -- Terms used in this
chapter shall be construed as follows, unless another meaning is expressed or
is clearly apparent from the language or context: (1) "Certificate" means a
certificate of operating authority issued to a public motor vehicle; (2) "Charter carrier" means a
provider of transportation services to groups such as: lodges, bands,
athletic teams, (3) (4) "Division" means the
division of public utilities and carriers; (5) "Driver" means any person
operating a motor vehicle used for the transportation of passengers (6) "Person" means and
includes any individual, partnership, corporation, or other association of
individuals; (7) "Public motor vehicle"
means and includes every motor vehicle for hire, other than a jitney, as
defined in § 39-13-1, or a taxicab or limited public motor vehicle, as
defined in § 39-14-1, used for transporting members of the general public for
compensation in unmarked vehicles at a predetermined or prearranged charge to
such points as may be directed by the passenger. All vehicles operated under
this chapter shall conform to specifications established by the division.
Transportation services provided by charter carriers, as defined in this
chapter, or by funeral (8) "Unmarked vehicles" means
motor vehicles that do not display the transportation company's name, address
or telephone number, or any advertisements or commercial information beyond
that included by the vehicle's manufacturer on the vehicle's exterior
surfaces; provided, however, that public motor vehicles that display
markings identifying them as service or courtesy vehicles used by licensed
health care facilities, assisted living residences, and adult day care
programs, licensed by the department of health, pursuant to chapters
17 and 17.4 of title 23 and § 23-1-52, respectively, shall be
permitted to operate with such markings; provided the vehicles are
registered to these licensed entities; operated by employees of these
licensed entities; and that the service provided with these
vehicles, when being used as public motor vehicles, is limited to
transportation services provided to passengers receiving transportation
services through a program funded by the federal government and/or the state
of Rhode Island; provided, further, that public motor vehicles providing
transportation services under a program funded by the federal government
and/or the state of Rhode Island may display temporary and easily removable
markings (e.g., magnetic placards) on their vehicles for the sole purpose of
identifying the vehicles as authorized transportation service vehicles
operating in association with the publicly funded program. (9) "Wheelchair accessible public
motor vehicle" means a public motor vehicle designed and equipped to
allow the transportation of a person(s) who uses a wheelchair without
requiring that person(s) to be removed from the wheelchair, but such public
motor vehicle is not restricted to transporting only persons using
wheelchairs. |
|
337) |
Section |
Amend Chapter Numbers: |
|
|
39-14.1-6 |
216 and 233 |
|
|
|
39-14.1-6.
Operations of public motor vehicles. -- No public motor vehicle shall be operated from any taxicab stand on
any public highway; nor shall the operator of it transport any passenger for
hire unless the transportation is requested by the passenger at an office of
the owner of the vehicle, either personally or by telephone and/or other
electronic means. When solicited by a prospective The division shall establish and set a
minimum allowable charge for public motor vehicle services. The minimum
allowable charge provisions of this section shall not apply to public motor
vehicle service coordinated |
|
338) |
Section |
Amend Chapter Numbers: |
|
|
40-5.2-12 |
217 and 237 |
|
|
|
40-5.2-12.
Work requirements for receipt of cash assistance. -- (a) The department of human services and the
department of labor and training shall assess the applicant/parent or
non-parent caretaker relative's work experience, educational, and vocational
abilities, and the department, together with the parent, shall develop and
enter into a (b) In the case of a family including
two (2) parents, at least one of the parents shall be required to participate
in an employment plan leading to full-time employment. The department may
also require the second parent in a two-parent (2) household to develop an
employment plan if, and when, the youngest child reaches six (6) years of age
or older. (c) The written, individual employment
plan shall specify, at minimum, the immediate steps necessary to support a
goal of long-term, economic independence. (d) All applicants and participants in
the Rhode Island works employment program must attend and participate in
required appointments, employment plan development, and employment-related
activities, unless temporarily exempt for reasons specified in this chapter. (e) A recipient/participant temporarily
exempted from the work requirements may participate in an individual
employment plan on a voluntary basis, however, remains subject to the same
program compliance requirements as a participant without a temporary
exemption. (f) The individual employment plan
shall specify the participant's work activity(ies) and the supportive
services that will be provided by the department to enable the participant to
engage in the work activity(ies). (g) Work Requirements for
(1) At least twenty (20) hours per week must come from participation in one
or more of the following ten (10) work activities: (A) Unsubsidized employment; (B) Subsidized, private-sector
employment; (C) Subsidized, public-sector
employment; (D) Work experience; (E) (F) Job search and job readiness; (G) Community service programs; (H) Vocational educational training not
to exceed twelve (12) months; (I) Providing child care services to
another participant parent who is participating in an approved community
service program; and (J) Adult education in an intensive
work readiness program. (2) Above twenty (20) hours per week,
the parent may participate in one or more of the following three (3)
activities in order to satisfy a thirty-hour (30) requirement: (A) Job skills training directly
related to employment; (B) Education directly related to
employment; and (C) Satisfactory attendance at a
secondary school or in a course of study leading to a certificate of general
equivalence if it is a teen parent under the age twenty (20) who is without a
high school diploma or General Equivalence Diploma (GED). (3) In the case of a parent under the
age of twenty (20), attendance at a secondary school or the equivalent during
the month, or twenty (20) hours per week on average for the month in education
directly related to employment, will be counted as engaged in work. (4) A parent who participates in a work
experience or community service program for the maximum number of hours per
week allowable by the Fair Labor Standards Act (FLSA) is deemed to have
participated in his or her required minimum hours per week in core activities
if actual participation falls short of his or her required minimum hours per
week. (5) A parent who has been determined to
have a physical or mental impairment affecting employment, but who has not
been found eligible for Social Security Disability (6) A required work activity may be any
other work activity permissible under federal TANF provisions or
state-defined Rhode Island Works (h) Exemptions from work requirements
for the (1) Caring for a child below the age of
one; provided, however, that a parent may opt for the deferral from an individual
employment plan for a maximum of twelve (12) months during the twenty-four
(24) months of eligibility for cash (2) Caring for a disabled family (3) A recipient of Social Security
Disability benefits or Supplemental Security Income or other disability
benefits that have the same standard of disability as defined by the Social
Security Administration; (4) An individual receiving assistance
who is a victim of domestic violence as determined by the department in
accordance with rules and regulations; (5) An applicant for assistance in her
third trimester or a pregnant woman in her third trimester who is a recipient
of assistance and has medical documentation that she cannot work; (6) An individual otherwise exempt by
the department as defined in rules and regulations promulgated by the
department. (i) Work requirement for two-parent
families. (1) In families consisting of two (2)
parents, one (A) Unsubsidized employment; (B) Subsidized private-sector
employment; (C) Subsidized public-sector
employment; (D) Work experience; (E) On-the-job training; (F) Job search and job readiness; (G) Community service program; (H) Vocational educational training not
to exceed twelve (12) months; (I) The provision of child care
services to a participant individual who is participating in a community
service program; and (J) Adult education in an intensive
work readiness program. (2) Above thirty (30) hours per week,
the following three (3) activities may also count for participation: (A) Job skills training directly
related to employment; (B) Education directly related to
employment; and (C) Satisfactory attendance at
secondary school or in a course of study leading to a certificate of general
equivalence. (3) A family with two (2) parents, in
which one or both parents participate in a work experience or community
service program, shall be deemed to have participated in core work activities
for the maximum number of hours per week allowable by the Fair Labor
Standards Act (FLSA) if actual participation falls short of his or her
required minimum hours per week. (4) If the family receives child care
assistance and an adult in the family is not disabled or caring for a
severely disabled child, then the work-eligible individuals must be participating
in work activities for an average of at least fifty-five (55) hours per week
to count as a two-parent family engaged in work for the month. (5) At least fifty (50) of the
fifty-five (55) hours per week must come from participation in the activities
listed in § Above fifty (50) hours per week, the
three (3) activities listed in § (6) A family with two (2) parents
receiving child care in which one or both parents participate in a work
experience or community service program for the maximum number of hours per
week allowable by the Fair Labor Standards Act (FLSA) will be considered to
have met their required core hours if actual participation falls short of the
required minimum hours per week. For families that need additional hours
beyond the core activity requirement, these hours must be satisfied in some
other TANF work activity. (j) Exemptions from work requirements
for two-parent families. - Work requirements outlined in § 40-5.2-12(i) above
shall not apply to two parent families if (and for so long as) the department
finds that: (1) Both parents receive Supplemental
Security Income (SSI); (2) One parent receives SSI, and the
other parent is caring for a disabled family member who resides in the home
and who requires full-time care; or (3) The parents are otherwise exempt by
the department as defined in rules and regulations. (k) Failure to comply with work
requirements. Sanctions and Terminations. (1) The cash assistance to which an
otherwise eligible family/assistance unit is entitled under this chapter,
shall be reduced for three (3) months, whether or not consecutive, in
accordance with rules and regulations promulgated by the department, whenever
any participant, without good cause as defined by the department in its rules
and regulations, has failed to enter into an individual employment plan; has
failed to attend a required appointment; has refused or quit employment; or
has failed to comply with any other requirements for the receipt of cash
assistance under this chapter. If the family's benefit has been reduced,
benefits shall be restored to the full amount beginning with the initial
payment made on the first of the month following the month in which the
parent: (i) Enters into an individual employment plan or rehabilitation plan
and demonstrates compliance with the terms thereof; or (ii) Demonstrates
compliance with the terms of his or her existing individual employment plan
or rehabilitation plan, as such plan may be amended by agreement of the
parent and the department. (2) In the case where appropriate child
care has been made available in accordance with this chapter, a participant's
failure, without good cause, to accept a bona fide offer of work, including
full-time, part-time, and/or temporary employment, or unpaid work experience
or community service, shall be deemed a failure to comply with the work
requirements of this section and shall result in reduction or termination of
cash assistance, as defined by the department in rules and regulations duly
promulgated. (3) If the family/assistance unit's
benefit has been reduced for a total of three (3) months, whether or not
consecutive in accordance with this section due to the failure by one or more
parents to enter into an individual employment plan, or failure to comply
with the terms of his of her individual employment plan, or the failure to comply
with the requirements of this chapter, cash assistance to the entire family
shall end. The family/assistance unit may reapply for benefits, and the
benefits shall be restored to the family/assistance unit the full amount the
family/assistance unit is otherwise eligible for under this chapter beginning
on the first of the month following the month in which all parents in the
family/assistance unit who are subject to the employment or rehabilitation
plan requirements under this chapter: (1) Enter into an individual employment
or rehabilitation plan as applicable, and demonstrate compliance with the
terms thereof, or (2) Demonstrate compliance with the terms of the parent's
individual employment or rehabilitation employment plan in effect at the time
of termination of benefits, as such plan may be amended by agreement of the
parent and the department. (4) Up to ten (10) days following a
notice of adverse action to reduce or terminate benefits under this
subsection, the client may request the opportunity to meet with a social
worker to identify the reasons for non-compliance, establish good cause, and
seek to resolve any issues that have prevented the parent from complying with
the employment plan requirements. (5) Participants whose cases had closed
in sanction status pursuant to Rhode Island's prior Temporary Assistance for
Needy Families Program, (federal TANF described in Title IVA of the federal
Social Security Act, 42 U.S.C. § 601 et seq.), the Family Independence
Program, more specifically, § 40-5.1-9(2)(c), due to failure to comply with
the cash assistance program requirements, but who had received less than
forty-eight (48) months of cash assistance at the time of closure, and who
reapply for cash assistance under the Rhode Island works program, must
demonstrate full compliance, as defined by the department in its rules and
regulations, before they shall be eligible for cash assistance pursuant to
this chapter. (l) Good Cause. - Good Cause for
failing to meet any program requirements including leaving employment, and
failure to fulfill documentation requirements, shall be outlined in rules and
regulations promulgated by the department of human services. |
|
339) |
Section |
Chapter Numbers: |
|
|
40-5.2-20 |
203, 226, and 141,
article 17 |
|
|
|
40-5.2-20. Child care
assistance. -- Families or
assistance units eligible for childcare assistance. (a) The department shall provide
appropriate child care to every participant who is eligible for cash
assistance and who requires child care in order to meet the work requirements
in accordance with this chapter. (b) Low-Income child care. - The
department shall provide child care to all other working families with
incomes at or below one hundred eighty percent (180%) of the federal poverty
level if, and to the extent, such other families require child care in order
to work at paid employment as defined in the department's rules and
regulations. Beginning October 1, (c) No family/assistance unit shall be
eligible for child care assistance under this chapter if the combined value of
its liquid resources exceeds ten thousand dollars ($10,000). Liquid resources
are defined as any interest(s) in property in the form of cash or other
financial instruments or accounts that are readily convertible to cash or
cash equivalents. These include, but are not limited to, cash, bank, credit
union, or other financial institution savings, checking, and money market
accounts; certificates of deposit or other time deposits; stocks; bonds;
mutual funds; and other similar financial instruments or accounts. These do
not include educational savings accounts, plans, or programs; retirement
accounts, plans, or programs; or accounts held jointly with another adult,
not including a spouse. The department is authorized to promulgate rules and
regulations to determine the ownership and source of the funds in the joint
account. (d) As a condition of eligibility for
child care assistance under this chapter, the parent or caretaker relative of
the family must consent to, and must cooperate with, the department in
establishing paternity, and in establishing and/or enforcing child support
and medical support orders for all children in the family in accordance with
title 15, as amended, unless the parent or caretaker relative is found to
have good cause for refusing to comply with the requirements of this
subsection. (e) For purposes of this (f) (1) Families with incomes below one
hundred percent (100%) of the applicable federal poverty level guidelines
shall be provided with free childcare. Families with incomes greater than one
hundred percent (100%) and less than one hundred eighty (180%) of the
applicable federal poverty guideline shall be required to pay for some
portion of the childcare they receive, according to a sliding-fee scale
adopted by the department in the department's rules. (2) For a thirty-six (36) month period
beginning October 1, 2013, the child care subsidy transition program shall
function within the department of human services. Under this program,
families who are already receiving childcare assistance and who become
ineligible for childcare assistance as a result of their incomes exceeding
one hundred eighty percent (180%) of the applicable federal poverty
guidelines shall continue to be eligible for childcare assistance from
October 1, 2013, to September 30, (g) In determining the type of
childcare to be provided to a family, the department shall take into account
the cost of available childcare options; the suitability of the type of care
available for the child; and the parent's preference as to the type of child
care. (h) For purposes of this (i) The caseload estimating conference
established by chapter 17 of title 35 shall forecast the expenditures for
childcare in accordance with the provisions of § 35-17-1. (j) In determining eligibility for
child care assistance for children of members of reserve components called to
active duty during a time of conflict, the department shall freeze the family
composition and the family income of the reserve component member as it was
in the month prior to the month of leaving for active duty. This shall
continue until the individual is officially discharged from active duty. |
|
340) |
Section |
Amend Chapter Numbers: |
|
|
40.1-5.4-4 |
118 and 130 |
|
|
|
40.1-5.4-4.
Powers and duties of director of Behavioral Healthcare, Developmental
Disabilities and Hospitals. -- The
director of mental health, retardation, and hospitals shall, subject to
available appropriations, have the following powers and duties: (1) To be responsible for planning and
developing a complete, (2) To implement the system in
cooperation with providers of mental health services; (3) To coordinate the efforts of the
department of mental health, retardation, and hospitals with those of other
state departments and agencies, municipal (4) To be responsible for the
administration of (5) To have general supervision of all
private facilities as that term is defined in § 40.1-5-2(3) and to exercise
the powers and duties provided for in § 40.1-5-1 et seq.; (6) To establish standards in
conformance with generally accepted professional practice and to provide
technical assistance to all (7) To monitor and inspect to (8) To stimulate research by public and
private agencies, institutions of higher learning, and hospitals, in the
interest of the elimination and amelioration of serious mental illness, and
care and treatment of persons with serious mental illness; (9) To provide funding to the various
community agencies and private nonprofit agencies, in (10) To take, (11) To establish and maintain a comprehensive
program of community mental health services, utilizing the community mental
health centers and other community mental health agencies and to establish
standards for the development of these community programs; (12) To exercise the powers and duties
relating to community mental health centers in accordance with § 40.1-8.5-1
et seq.; (13) To exercise the powers and duties
relating to the licensing of community mental health facilities in accordance
with § 40.1-24-1 et seq.; (14) To consult with and assist the
governor's council on behavioral health in accordance with the requirements
of (15) To exercise the powers and duties
relating to care and treatment of forensic patients in accordance with §
40.1-5.3-1 et seq.; (16) To cooperate with the department
of corrections, the (17) To initiate transition planning: (i) In cooperation with the
department of children, youth and families and local school departments,
for any person who receives services through the department of children,
youth, and families, is seriously emotionally disturbed or
developmentally delayed pursuant to
§ 42-72-29 5(24)(v), and whose care may or shall be administered by the
department of behavioral healthcare, developmental disabilities and hospitals
after the age of twenty-one (21) years, the transition planning shall
commence at least twelve (12) months prior to the child's twenty-first
birthday and shall result in a collaborative plan submitted to the family
court by both behavioral healthcare, developmental disabilities and hospitals
and the department of children, youth, and families and shall require the
approval of the court prior to the dismissal of the abuse, neglect, dependency,
or miscellaneous petition; (ii) In
cooperation with the individual, the parents/legal guardians and school
districts for any other person whose care may or shall be administered by the
department of behavioral healthcare, developmental disabilities and hospitals
after the age of twenty-one (21) years, the transition planning shall
commence at least twelve (12) months prior to the child's twenty-first
birthday and shall specifically identify housing options, supportive
services, health care, and workforce training or opportunities. |
|
341) |
Section |
Add Chapter Numbers: |
|
|
42-4-20 |
175 and 186 |
|
|
|
42-4-20. State insect. – The American burying beetle is hereby designated as the official state insect. |
|
342) |
Section |
Amend Chapter Numbers: |
|
|
42-14.2-2 |
82 and 105 |
|
|
|
42-14.2-2.
Duties of the department of business regulation. -- |
|
343) |
Section |
Amend Chapter Numbers: |
|
|
42-17.1-2.5 |
103 and 114 |
|
|
|
42-17.1-2.5.
Tolling of expiration periods. --
(a) Notwithstanding any other provision set forth in this chapter, all
periods pertaining to the expiration of any approval or permit issued
pursuant to any state statute or any regulation promulgated thereto
pertaining to the development of property shall be tolled until (b) Said tolling need not be recorded
in the land evidence records to be valid; however, a notice of the tolling
must be posted in the municipal planning department and near the land
evidence records. (c) The tolling shall apply only to
approvals or permits in effect on November 9, 2009, and those
issued between November 9, 2009, and (d) The expiration dates for all
permits and approvals issued before the tolling period began will be
recalculated as of |
|
344) |
Section |
Amend Chapter Numbers: |
|
|
42-28-19 |
260 and 275 |
|
|
|
42-28-19.
Police powers of members -- Fees -- Duties -- Suppression of riots. -- Members of the division shall have and may exercise
in any part of the state, with regard to the enforcement of the criminal
laws, all powers of deputy sheriffs, town sergeants, chiefs of police, police
officers, and town constables. Any person authorized to issue criminal
process may direct that process to any member of the division. All fees
received by members of the division in connection with the performance of
their duties shall be paid to the general treasurer for the use of the state.
It shall be the duty of its members to prevent and detect |
|
345) |
Section |
Amend Chapter Numbers: |
|
|
42-72-5 |
118 and 130 |
|
|
|
42-72-5.
Powers and scope of activities. --
(a) The department is the principal agency of the state to mobilize the
human, (b) To accomplish the purposes and
duties, as set forth in this chapter, the director is authorized and
empowered: (1) To establish those administrative
and operational divisions of the department that the director determines is
in the best interests of fulfilling the purposes and duties of this chapter; (2) To assign different tasks to staff
members that the director determines best suit the purposes of this chapter; (3) To establish plans and facilities
for emergency treatment, (4) To establish, monitor, and evaluate
protective services for children including, but not limited to, purchase of
services from private agencies and establishment of a policy and procedure
manual to standardize protective services; (5) To plan and initiate primary and
secondary treatment programs for abused and neglected children; (6) To evaluate the services of the
department and to conduct periodic comprehensive needs assessment; (7) To license, approve, monitor, and
evaluate all residential and non-residential child care institutions, group
homes, foster homes, and programs; (8) To recruit and coordinate community
resources, public and private; (9) To promulgate rules and regulations
concerning the confidentiality, (10) To establish a minimum mandatory level
of twenty (20) hours of training per year and provide ongoing staff
development for all staff; provided, however, all social workers hired after
June 15, 1991, within the department shall have a minimum of a bachelor's
degree in social work or a closely related field, and must be appointed from
a valid civil service list; (11) To establish procedures for
reporting suspected child abuse and neglect pursuant to chapter 11 of title
40; (12) To promulgate all rules and
regulations necessary for the execution of departmental powers pursuant to
the Administrative Procedures Act, chapter 35 of title 42; (13) To provide and act as a
clearinghouse for information, (14) To initiate and carry out studies
and analysis (15) To represent and act on behalf of
the state in connection with federal grant programs applicable to programs
for children in the functional areas described in this chapter; (16) To seek, accept, and otherwise
take advantage of all federal aid available to the department, and to assist
other agencies of the state, local agencies, and community groups in taking
advantage of all federal grants and subventions available for children; (17) To review and coordinate those
activities of agencies of the (18) To administer the pilot juvenile
restitution program, including the overseeing and coordinating of all local (19) To adopt rules and regulations (i) For the (ii) Are reasonably necessary to
implement the child welfare services and foster care programs; (20) May establish and conduct seminars
for the purpose of educating children regarding sexual abuse; (21) To establish fee schedules by
regulations for the processing of requests from adoption placement agencies
for adoption studies, adoption study updates, and supervision related to
interstate and international adoptions. The fee shall equal the actual cost
of the service(s) rendered, but in no event shall the fee exceed two thousand
dollars ($2,000); (22) To be responsible for the
education of all children who are placed, assigned, or otherwise accommodated
for residence by the department in a (23) To develop multidisciplinary service
plans, in conjunction with the department of health, at hospitals prior to
the discharge of any drug-exposed babies. The plan requires the development
of a plan using all health care professionals. (24) To be responsible for the delivery
of appropriate mental health services to seriously emotionally disturbed
children and children with functional developmental disabilities. Appropriate
mental health services may include hospitalization, placement in a residential
treatment facility, or treatment in a In fulfilling its responsibilities the
department shall: (i) Plan a diversified and
comprehensive network of programs and services to meet the needs of seriously
emotionally disturbed children and children with functional developmental
disabilities; (ii) Provide the overall management and
supervision of the state program for seriously emotionally disturbed children
and children with functional developmental disabilities; (iii) Promote the development of
programs for preventing and controlling emotional or behavioral disorders in
children; (iv) Coordinate the efforts of several
state departments and agencies to meet the needs of seriously emotionally
disturbed children and children with functional developmental disabilities
and to work with private agencies serving those children; (v) Promote the development of new
resources for program implementation in providing services to seriously
emotionally disturbed children and children with functional developmental
disabilities. The department shall adopt rules and Each community, as defined in chapter 7
of title 16, shall contribute to the department, at least in accordance with
rules and regulations to be adopted by the department, at least its average "Seriously emotionally disturbed
child" means any person under the age of eighteen (18) years or any
person under the age of twenty-one (21) years who began to receive services
from the department prior to attaining eighteen (18) years of age and has
continuously received those services thereafter who has been diagnosed as
having an emotional, A child with a "functional
developmental disability" means any person under the age of eighteen
(18) years or any person under the age of twenty-one (21) years who began to
receive services from the department prior to attaining eighteen (18) years
of age and has continuously received those services thereafter. The term "functional developmental
disability" includes autism spectrum disorders and means a severe,
chronic disability of a person Funding for these clients shall include
funds that are transferred to the (25) To provide access to services to
any person under the age of eighteen (18) years or any person under the age
of twenty-one (21) years who began to receive child welfare services from the
department prior to attaining eighteen (18) years of age, has continuously
received those services thereafter and elects to continue to receive such
services after attaining the age of eighteen (18) years. The assembly has
included funding in the FY 2008 (c) In order to assist in the discharge
of his or her duties, the director may request from any agency of the state
information pertinent to the affairs and problems of children. (d) [Deleted by P.L. 2008, ch. 9, art.
16, § 2.] (e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] |
|
346) |
Section |
Amend Chapter Numbers: |
|
|
42-72-15 |
162 and 178 |
|
|
|
42-72-15.
Children's bill of rights. -- (a)
No child placed or treated under the supervision of the department in any
public or private facility shall be deprived of any personal property or
civil rights, except in accordance with due process. (b) Each child placed or treated under
the supervision of the department in any public or private facility shall
receive humane and dignified treatment at all times, with full respect for
the child's personal dignity and right to privacy, consistent with the
child's treatment plan. (c) Each child placed in a secure
facility under the supervision of the department shall be permitted to
communicate with any individual, group, or agency consistent with the child's
treatment objectives; shall be provided writing materials and postage; and
shall be permitted to make or receive telephone calls to or from his or her
attorneys, guardians ad litem, special advocates, or child advocate at any
reasonable time. (d) The department shall adopt rules
and regulations pursuant to the Administrative Procedures Act, (1) When a child may be placed in
restraint or seclusion or when force may be used upon a child; (2) When the head of a facility may
limit the use or receipt of mail by any child and a procedure for return of
unopened mail; and (3) When the head of a facility may
restrict the use of a telephone by any child. (e) A copy of any order placing a child
at a secure facility under the supervision of the department in restraint or
seclusion shall be made a part of the child's permanent clinical record. In
addition, any special restriction on the use or receipt of mail or telephone
calls shall be noted in (f) Each child placed or treated in a
secure facility under the supervision of the department shall be permitted to
receive visitors subject to reasonable restriction consistent with the
child's treatment plan. The head of each facility shall establish visiting
hours and inform all children and their families and other visitors of these hours.
Any special restrictions shall be noted in (g) Each child may receive his or her
clergyman, attorney, guardian ad litem, special advocate, or child advocate
at any reasonable time. (h) No person shall be denied
employment, housing, civil service rank, any license or permit, including a professional
license, or any other civil or legal right, solely because of a present or
past placement with the department except as otherwise provided by statute. (i) Each child under the supervision of
the department shall have the right to (j) Each child shall have a right to a (k) The children's bill of rights shall
be posted in a conspicuous place within any secure facility for the
residential housing of children. (l) Every deliverer of services with
whom the department enters into a purchased services agreement shall agree,
in writing, to observe and post in a conspicuous place, the children's bill
of rights. (m) Any child aggrieved by a violation
of the children's bill of rights may petition the family court for
appropriate equitable relief. The family court shall have exclusive original
jurisdiction, notwithstanding any remedy contained in chapter 35 of this
title. (n) A child victim or witness shall be
afforded the protections of § 12-28-9 under the direction of the department
of children, youth, and families, and the department shall advise the court
and the police and the prosecutor on the capacity of the child victim to understand
and participate in the investigation and in the court proceedings and of the
potential effect of the proceedings on the child. (o) Every child placed in the care of
the department of children, youth, and families shall be entitled to a free
appropriate education, in accordance with state and federal law. Immediately
upon the assumption of that care, the department shall provide for the
enrollment of each child in a school program. During the time that the child
shall remain in that care, the department and appropriate state and local
education agencies shall coordinate their efforts in order to provide for the
timely initiation and continuation of educational services. (p) No person shall be denied access to
available treatment for an |
|
347) |
Section |
Amend Chapter Numbers: |
|
|
42-128-2 |
169 and 191 |
|
|
|
42-128-2.
Rhode Island housing resources agency created. -- There is created within the executive department a
housing resources agency with the following purposes, organization, and
powers: (1) Purposes: (i) To provide coherence to the housing
programs of the state of Rhode Island and its departments, agencies,
commissions, corporations, and subdivisions. (ii) To provide for the integration and
coordination of the activities of the Rhode Island housing and mortgage
finance corporation and the Rhode Island housing resources commission. (2) Coordinating committee -- Created
-- Purposes and powers: (i) The coordinating committee of the
housing resources agency shall be comprised of the chairperson of the Rhode
Island housing and mortgage finance (ii) The coordinating committee shall
develop and shall implement, with the approval of the Rhode Island housing
and mortgage finance corporation and the Rhode Island housing resources
commission, a memorandum of agreement describing the fiscal and operational
relationship between the Rhode Island housing and mortgage finance
corporation and the Rhode Island housing resources commission and shall
define which programs of federal assistance will be applied for on behalf of
the state by the Rhode Island housing and mortgage finance corporation and
the Rhode Island housing resources commission. (3) There is hereby established a restricted receipt account within the general fund of the state. Funds from this account shall be used to provide for the lead hazard abatement program, housing rental subsidy, with priority given to homeless veterans and homeless prevention assistance and housing retention assistance with priority to veterans. |
|
348) |
Section |
Amend Chapter Numbers: |
|
|
42-140.1-4 |
94 and 107 |
|
|
|
42-140.1-4.
Composition and appointment. -- (a)
The council shall consist of (b) With the exception of the
commissioner of the office of energy resources; of the initial appointments;
three (3) members shall be appointed for a term of three (3) years, three (3)
members shall be appointed for a term of four (4) years, and four (4) members
shall be appointed for a term of five (5) years; thereafter members of the
council shall be appointed for a term of five (5) years and may be reappointed. (c) A simple majority of the total
number of voting members shall constitute a quorum. (d) A vacancy other than by expiration
shall be filled in the manner of the original appointment but only for the
unexpired portion of the term. The appointing authority shall have the power
to remove its appointee for just cause. (e) The members of the council shall not be compensated for their service but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The provisions of this subdivision shall not apply to the executive secretary/executive director. |
|
349) |
Section |
Repeal Chapter Numbers: |
|
|
42-140.3 |
76 and 86 |
|
|
|
42-140.3. [Repealed.] |
|
350) |
Section |
Amend Chapter Numbers: |
|
|
42-155-3 |
141, article 7; and 141, article 14 |
|
|
|
42-155-3. Definitions. [Effective January 1, 2015.]. -- (a) As used in this chapter, "quasi-public corporation" means any body corporate and politic created, or to be created, pursuant to the general laws, including, but not limited to, the following: (1) Capital center commission; (2) Rhode Island convention center authority; (3) Rhode Island industrial facilities corporation; (4) Rhode Island industrial-recreational building authority; (5) Rhode Island small business loan fund corporation; (6) Quonset development corporation; (7) Rhode Island airport corporation; (8) I-195 redevelopment district commission; (9) Rhode Island health and educational building corporation; (10) Rhode Island housing and mortgage finance corporation; (11) Rhode Island higher education assistance authority; (12) Rhode Island student loan authority; (13) Narragansett bay commission; (14) Rhode Island Clean Water Finance Agency Rhode Island infrastructure bank; (15) Rhode Island water resources board; (16) Rhode Island resource recovery corporation; (17) Rhode Island public rail corporation; (18) Rhode Island public transit authority; (19) Rhode Island turnpike and bridge authority; (20) Rhode Island tobacco settlement financing corporation; and (21) Any subsidiary of the Rhode Island commerce corporation. (b) Cities, towns, and any corporation created that is an instrumentality and agency of a city or town, and any corporation created by a state law that has been authorized to transact business and exercise its powers by a city or town pursuant to ordinance or resolution, and fire and water districts are not subject to the provisions of this chapter. (c) The Rhode Island commerce corporation, being subject to similar transparency and accountability requirements set forth in chapter 64 of title 42; the Rhode Island public rail corporation established in chapter 64.2 of title 42; Block Island power authority; and the Pascoag 28 utility district shall not be subject to the provisions of this chapter. |
|
351) |
Section |
Amend Chapter Numbers: |
|
|
42-155-7 |
166 and 195 |
|
|
|
42-155-7.
Audit of quasi-public corporations. [Effective January 1, 2015.] -- (a) Commencing January 1, 2015, and every five (5)
years thereafter, each quasi-public corporation shall be subject to a
performance audit, conducted in compliance with the generally acceptable
governmental auditing standards or the standards for the professional
practice of internal auditing, by the chief of the bureau of audits. The
chief, in collaboration with the quasi-public corporation, shall determine
the scope of the audit. To assist in the performance of an audit, the chief,
in collaboration with the quasi-public corporation, may procure the services
of a certified public accounting firm, which shall be a subcontractor of the
bureau of audits, and shall be under the direct supervision of the bureau of
audits. The chief of the bureau of audits shall establish a rotating schedule
identifying the year in which each quasi-public corporation shall be audited.
The schedule shall be posted on the website of the bureau of audits. (b) The audit shall be conducted in
conformance with chapter 7 of title 35 ("Post Audit of
Accounting"). (c) Each quasi-public corporation shall
be responsible for costs associated with its own audit. The chief and each
quasi-public corporation shall agree upon reasonable costs for the audit, not
to exceed seventy-five thousand dollars ($75,000), that shall be remitted to
the bureau of (d) The results of the audit shall be
made public upon completion and posted on the websites of the bureau of
audits and the quasi-public corporation. (e) For purposes of this section, a
performance audit shall mean an independent examination of a program,
function, operation, or the management systems and procedures of a
governmental or nonprofit entity to assess whether the entity is achieving
economy, efficiency, and effectiveness in the employment of |
|
352) |
Section |
Amend Chapter Numbers: |
|
|
44-3-4 |
168 and 179 |
|
|
|
44-3-4.
Veterans' exemptions. -- (a) (1)
The property of each person who served in the military or naval service of
the United States in the war of the rebellion, the Spanish-American war, the
insurrection in the Philippines, the China-relief expedition, or World War I,
and the property of each person who served in the military or naval service
of the United States in World War II at any time during the period beginning
December 7, 1941, and ending on December 31, 1946, and the property of each
person who served in the military or naval services of the United States in
the Korean conflict at any time during the period beginning June 27, 1950,
and ending January 31, 1955, or in the Vietnam conflict at any
time during the period beginning February 28, 1961, and ending
May 7, 1975, or who actually served in the Grenada or Lebanon
conflicts of 1983-1984, or the Persian Gulf conflict, the Haitian conflict,
the Somalian conflict, and the Bosnian conflict, at any time during the
period beginning August 2, 1990, and ending May 1, 1994, or in
any conflict or undeclared war for which a campaign ribbon or expeditionary
medal was earned, and who was honorably discharged from the service, or who
was discharged under conditions other than dishonorable, or who, if not
discharged, served honorably, or the property of the unmarried widow or
widower of that person, is exempted from taxation to the amount of one
thousand dollars ($1,000), except in: (i) Burrillville , where the exemption
is four thousand dollars ($4,000); (ii) Cumberland , where the town
council may, by ordinance, provide for an exemption of a maximum of
twenty-three thousand seven hundred seventy-two dollars ($23,772); (iii) Cranston , where the exemption
shall not exceed three thousand dollars ($3,000); (iv) Jamestown , where the town council
may, by ordinance, provide for an exemption not exceeding five thousand
dollars ($5,000); (v) Lincoln , where the exemption shall
not exceed ten thousand dollars ($10,000); and where the town council may
also provide for a real estate tax exemption not exceeding ten thousand
dollars ($10,000) for those honorably discharged active duty veterans who
served in Operation Desert Storm. (vi) Newport , where the exemption is
four thousand dollars ($4,000); (vii) New Shoreham , where the town
council may, by ordinance, provide for an exemption of a maximum of
thirty-six thousand four hundred fifty dollars ($36,450); (viii) North Kingstown , where the
exemption is ten thousand dollars ($10,000); (ix) North Providence , where the town
council may, by ordinance, provide for an exemption of a maximum of five
thousand dollars ($5,000); (x) Smithfield , where the exemption is
(xi) Warren , where the exemption shall
not exceed five thousand five hundred dollars ($5,500) on motor vehicles, or
nine thousand five hundred eighty-four dollars ($9,584) on real property. (xii) Westerly , where the town council
may, by ordinance, provide an exemption of the total value of the veterans'
real and personal property to a maximum of forty thousand five hundred
dollars ($40,500); (xiii) Barrington , where the town
council may, by ordinance, provide for an exemption of six thousand dollars
($6,000) for real property; (xiv) Exeter , where the exemption is
five thousand dollars ($5,000); (xv) Glocester , where the exemption
shall not exceed thirty thousand dollars ($30,000). (xvi) West Warwick , where the exemption
shall be equal to one hundred seventy dollars ($170); and (xvii) Warwick , where the city council
may, by ordinance, provide for an exemption of a maximum of four thousand
dollars ($4,000). (2) The exemption is applied to the
property in the municipality where the person resides, and if there is not
sufficient property to exhaust the exemption, the person may claim the
balance in any other city or town where the person may own property;
provided, that the exemption is not allowed in favor of any person who is not
a legal resident of the state, or unless the person entitled to the exemption
has presented to the assessors, on or before the last day on which sworn
statements may be filed with the assessors for the year for which exemption
is claimed, evidence that he or she is entitled, which evidence shall stand
so long as his or her legal residence remains unchanged; provided, however,
that in the town of South Kingstown, the person entitled to the exemption
shall present to the assessors, at least five (5) days prior to the
certification of the tax roll, evidence that he or she is entitled to the
exemption; and, provided, further, that the exemption provided for in this
subdivision to the extent that it applies in any city or town,
shall be applied in full to the total value of the person's real and tangible
personal property located in the city or town; and, provided, that there is
an additional exemption from taxation in the amount of one thousand dollars
($1,000), except in: (i) Central Falls , where the city
council may, by ordinance, provide for an exemption of a maximum of seven
thousand five hundred dollars ($7,500); (ii) Cranston , where the exemption
shall not exceed three thousand dollars ($3,000); (iii) Cumberland , where the town
council may, by ordinance, provide for an exemption of a maximum of
twenty-two thousand five hundred dollars ($22,500); (iv) Lincoln , where the exemption
shall not exceed ten thousand dollars ($10,000); (v) Newport , where the exemption is
four thousand dollars ($4,000); (vi) New Shoreham , where the town
council may, by ordinance, provide for an exemption of a maximum of
thirty-six thousand four hundred fifty dollars ($36,450); (vii) North Providence , where the town
council may, by ordinance, provide for an exemption of a maximum of five
thousand dollars ($5,000); (viii) Smithfield , where the exemption
is four thousand dollars ($4,000); (ix) Warren , where the exemption shall
not exceed eleven thousand dollars ($11,000); and (x) Barrington , where the town council
may, by ordinance, provide for an exemption of six thousand dollars ($6,000)
for real property; of the property of every honorably discharged veteran of
World War I or World War II, Korean or Vietnam, Grenada or Lebanon conflicts,
the Persian Gulf conflict, the Haitian conflict, the Somalian conflict and
the Bosnian conflict at any time during the period beginning August 2, 1990,
and ending May 1, 1994, or in any conflict or undeclared war for which a
campaign ribbon or expeditionary medal was earned, who is determined by the
Veterans Administration of the United States of America to be totally
disabled through service connected disability and who presents to the
assessors a certificate from the veterans administration that the person is
totally disabled, which certificate remains effectual so long as the total
disability continues. (3) Provided, that: (i) Burrillville may exempt real
property of the totally disabled persons in the amount of six thousand
dollars ($6,000); (ii) Cumberland town council may, by
ordinance, provide for an exemption of a maximum of twenty-two thousand five
hundred dollars ($22,500); (iii) Little Compton may, by ordinance,
exempt real property of each of the totally disabled persons in the amount of
six thousand dollars ($6,000); (iv) Middletown may exempt the real
property of each of the totally disabled persons in the amount of five
thousand dollars ($5,000); (v) New Shoreham town council may, by
ordinance, provide for an exemption of a maximum of thirty-six thousand four
hundred fifty dollars ($36,450); (vi) North Providence town council may,
by ordinance, provide for an exemption of a maximum of five thousand dollars
($5,000); (vii) Tiverton town council may, by
ordinance, exempt real property of each of the totally disabled persons in
the amount of five thousand dollars ($5,000), subject to voters' approval at
the financial town meeting; (viii) West Warwick town council may
exempt the real property of each of the totally disabled persons in an amount
of two hundred dollars ($200); and (ix) Westerly town council may, by
ordinance, provide for an exemption on the total value of real and personal
property to a maximum of forty-six thousand five hundred dollars ($46,500). (4) There is an additional exemption
from taxation in the town of: Warren , where its town council may, by
ordinance, provide for an exemption not exceeding eight thousand two hundred
fifty dollars ($8,250), of the property of every honorably discharged veteran
of World War I or World War II, or Vietnam, Grenada or Lebanon conflicts, the
Persian Gulf conflict, the Haitian conflict, the Somalian conflict and the
Bosnian conflict, at any time during the period beginning August 2, 1990,
and ending May 1, 1994, or in any conflict or undeclared war for which a
campaign ribbon or expeditionary medal was earned, who is determined by the
Veterans' Administration of the United States of America to be partially
disabled through a service connected disability and who presents to the
assessors a certificate that he is partially disabled, which certificate
remains effectual so long as the partial disability continues. Provided,
however, that the Barrington town council may exempt real property of each of
the above named persons in the amount of three thousand dollars ($3,000);
Warwick city council may, by ordinance, exempt real property of each of the above-named
persons and to any person who served in any capacity in the military or
naval service during the period of time of the Persian Gulf conflict, whether
or not the person served in the geographical location of the conflict, in the
amount of four thousand dollars ($4,000). (5) Lincoln . There is an additional
exemption from taxation in the town of Lincoln for the property of each
person who actually served in the military or naval service of the United
States in the Persian Gulf conflict and who was honorably discharged from the
service, or who was discharged under conditions other than dishonorable, or
who, if not discharged, served honorably, or of the unmarried widow or
widower of that person. The exemption shall be determined by the town council
in an amount not to exceed ten thousand dollars ($10,000). (b) In addition to the exemption
provided in subsection (a) of this section, there is a ten-thousand dollar
($10,000) exemption from local taxation on real property for any veteran and
the unmarried widow or widower of a deceased veteran of the military or naval
service of the United States who is determined, under applicable federal law
by the Veterans Administration of the United States, to be totally disabled
through service-connected disability and who, by
reason of the disability, has received assistance in acquiring
"specially adopted housing" under laws administered by the
veterans' administration; provided, that the real estate is occupied as his
or her (1) Cranston , where the exemption
shall not exceed thirty thousand dollars ($30,000); (2) Cumberland , where the town council
may provide for an exemption not to exceed seven thousand five hundred
dollars ($7,500); (3) Newport , where the exemption is
ten thousand dollars ($10,000) or ten percent (10%) of assessed valuation,
whichever is greater; (4) New Shoreham , where the town
council may, by ordinance, provide for an exemption of a maximum of
thirty-six thousand four hundred fifty dollars ($36,450); (5) North Providence , where the town
council may, by ordinance, provide for an exemption not to exceed twelve
thousand five hundred dollars ($12,500); (6) Westerly , where the town council
may, by ordinance, provide for an exemption of a maximum of forty thousand
five hundred dollars ($40,500); and (7) Lincoln , where the town council
may, by ordinance, provide for an exemption of a maximum of fifteen thousand
dollars ($15,000). (c) In addition to the previously
provided exemptions, any veteran of the military or naval service of the
United States who is determined, under applicable federal law by the
Veterans' Administration of the United States to be totally disabled through service-connected
disability may, by ordinance, passed in the city or town where the veteran's
property is assessed, receive a ten thousand dollar ($10,000)
exemption from local taxation on his or her property whether real or personal
and if the veteran owns real property may be exempt from taxation by any fire
and/or lighting district; provided, that in the town of: North Kingstown ,
where the amount of the exemption shall be eleven thousand dollars ($11,000)
commencing with the December 31, 2002 assessment, and for the town of
Westerly where the amount of the exemption shall be thirty-nine thousand
dollars ($39,000) commencing with the December 31, 2005 assessment, and in
the town of Cumberland, where the amount of the exemption shall not exceed
forty-seven thousand five hundred forty-four dollars ($47,544). (d) In determining whether or not a
person is the widow or widower of a veteran for the purposes of this section,
the remarriage of the widow or widower shall not bar the furnishing of the
benefits of the section if the remarriage is void, has been terminated by death,
or has been annulled or dissolved by a court of competent jurisdiction. (e) In addition to the previously
provided exemptions, there may by ordinance passed in the city or town where
the person's property is assessed, be an additional fifteen thousand
dollars ($15,000) exemption from local taxation on real and personal property
for any veteran of military or naval service of the United States or the
unmarried widow or widower of person who has been or shall be classified as,
or determined to be, a prisoner of war by the Veterans' Administration of the
United States, except in: (1) Westerly , where the town council
may, by ordinance, provide for an exemption of a maximum of sixty-eight
thousand dollars ($68,000); and (2) Cumberland , where the town council
may by ordinance provide for an exemption of a maximum of forty-seven
thousand five hundred forty-four dollars ($47,544). (f) Cities and towns granting
exemptions under this section shall use the eligibility dates specified in this
section. (g) The several cities and towns not
previously authorized to provide an exemption for those veterans who actually
served in the Persian Gulf conflict may provide that exemption in the amount
authorized in this section for veterans of other recognized conflicts. (h) Bristol , where the town council of
Bristol may, by ordinance, provide for an exemption for any veteran and the
unmarried widow or widower of a deceased veteran of military or naval service
of the United States who is determined, under applicable federal law by the
Veterans' Administration of the United States to be partially disabled
through service connected disability. (i) In addition to the previously
provided exemption, any veteran who is discharged from the military or naval
service of the United States under conditions other than dishonorable, or an
officer who is honorably separated from military or naval service, who is
determined, under applicable federal law by the Veterans Administration of
the United States to be totally and permanently disabled through a service-connected
disability, who owns a specially adapted (j) The town of Coventry may provide by ordinance a one thousand dollars ($1,000) exemption for any person who is an active member of the armed forces of the United States. |
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353) |
Section |
Amend Chapter Numbers: |
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44-3-16 |
10 and 15 |
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44-3-16.
Elderly -- Freeze of tax rate and valuation. -- (a) The city or town councils of the various cities
and towns except the towns of West Warwick, Exeter, Coventry and Bristol may
provide, by ordinance, for the freezing of the rate and valuation of taxes on
real property located therein to any person who is sixty-five (65) years or
older or to any person who is totally and permanently disabled regardless of
age and who does not have income from all sources in excess of four thousand
dollars ($4,000) per year, or in the case of the town of Johnston to any person
who is sixty-five (65) years or older or to any person who is totally and
permanently disabled regardless of age and who does not have income from all
sources in excess of six thousand dollars ($6,000) per year, and a total
income of seventy-two hundred dollars ($7,200) for two (2) or more persons
living in that dwelling, or in the case of the city of Cranston to any person
who is sixty-five (65) years or older or to any person who is totally and
permanently disabled regardless of age and who does not have income from all
sources in excess of twenty thousand dollars ($20,000) per year, or a lesser
figure as determined by the city council of the city of Cranston and a total
income of twenty-three thousand dollars ($23,000), or a lesser figure as
determined by the city council of the city of Cranston, for two (2) or more
persons living in that dwelling; provided, that the freeze of rate and
valuation on real property applies only to owner occupied single or two-
(b) (1) The town council of the town of
West Warwick may provide, by ordinance, for a schedule of exemptions from the
assessed valuation on real property located there for any person who is
sixty-five (65) years or older or to any person who is totally and
permanently disabled regardless of age, which exemption schedule is based
upon gross annual income from all sources as follows:
(i) An exemption of three hundred seventy-five dollars ($375) for those
having a gross annual income from all sources of $0 to $15,000; (ii) An exemption of two hundred eighty
dollars ($280) for those having a gross annual income from all sources of
$15,001 to $20,000; (iii) An exemption of two hundred
thirty-five dollars ($235) for those having a gross annual income from all
sources of $20,001 to $25,000; (iv) An exemption of one hundred ninety
dollars ($190) for those having a gross annual income from all sources of
$25,001 to $30,000; (v) An exemption of one hundred dollars
($100) for those having a gross annual income from all sources of $30,001 to
$35,000. (2) Provided, that the exemption
schedule applies only to single family dwellings in which the person resides;
provided, further, that the person acquired the property for actual
consideration paid or inherited the property; provided, further, that the
person has resided in the town of West Warwick for a period of three (3)
years ending with the date of assessment for the year for which exemption is
claimed; and provided, further, that the exemption is not allowed unless the
person entitled to it has presented to the assessors, on or before the last
day on which sworn statements may be filed with the tax assessor for the year
for which the exemption is claimed, evidence that he or she is entitled,
which evidence shall stand as long as his or her residence remains unchanged.
In the case of married persons, the age requirement will be met as soon as
either the husband or wife reaches the age of sixty-five (65) years and in
the event the husband passes away, a widow sixty-two (62) years of age to
sixty-five (65) years of age is allowed the exemption as long as she remains
unmarried. (3) Those persons granted tax relief
under chapter 255 of the Public Laws of 1972 have the option of retaining
their current tax freeze or abandoning it to seek relief under this
subsection. (c) The town council of the town of Coventry
may, by ordinance, exempt from taxation the real property and/or mobile homes
situated in the town which is owned and occupied as the principal residence,
by any one or more persons sixty-five (65) years of age or over or by one who
is totally and permanently disabled, regardless of age, domiciled in the town
of Coventry, upon terms and conditions that may be established by the town
council in the ordinance. The exemption is for taxes assessed December 31,
1975, and subsequent years. Any ordinance adopted by the town council
pursuant to the provisions of this subsection and subsections (d) and (e) may
be amended at any time and from time to time by the town council or any
successor town council. (d) The town council of the town of
Coventry may, by ordinance, exempt from taxation the real property situated
in the town, owned and occupied by any person, who is a veteran as defined in
§ 44-3-4, totally and permanently disabled or over the age of sixty-five (65)
years, which exemption is in an amount not exceeding nine thousand dollars
($9,000) of valuation, retroactive to real property assessed on December 31,
1978, and which exemption is in addition to any and all other exemptions from
taxation to which the person may be entitled. The exemption is applied
uniformly, and without regard to ability to pay, provided, that only one
exemption is granted to co-tenants, joint tenants, and tenants by the
entirety, even though all of the co-tenants, joint tenants, and tenants by
the entirety are veterans, totally and permanently disabled, or sixty-five
(65) years of age or over. The exemption applies to a life tenant who has the
obligation for the payment of the tax on the real property. (e) The town council of the town of
Coventry is authorized in the ordinance or ordinances to provide that any
person who obtains an exemption pursuant to the ordinance to which the person
is not entitled by the filing or making of any false statement or the
proffering of any document or other writing known by the person to have been
altered, forged, or to contain any false or untrue information is liable to
the town of Coventry for an amount equal to double the amount of reduction in
taxes resulting from the exemption, which amount is recoverable by the town
in a civil action. (f) The town council of the town of
Exeter may provide, by ordinance, for the freezing of the rate and valuation
of taxes on real property located in the town to any qualified person who is
sixty-five (65) years or older regardless of income, or to any person who is
totally and permanently disabled regardless of age, and income, provided,
that the freeze of rate and valuation on real property applies only to single
family dwellings in which the person resides; and provided, further, that the
person acquired the property for actual consideration paid or inherited the
property; and provided that the qualified person has presented to the
assessors, on or before the last day on which sworn statements may be filed with
the assessors for the year for which the exemption is claimed, evidence that
he or she is entitled, which evidence shall stand as long as his or her legal
residence remains unchanged. The stabilization of resulting tax assessments
shall be subject to reasonable definitions, terms and conditions as may
otherwise be prescribed by ordinance. The exemption is in addition to any
other exemption provided by law, and provided, further, that the real estate
is not taken from the tax rolls and is subject to the bonded indebtedness of
the town. (g) (1) (i) The town council of the
town of Bristol may provide, by ordinance, for the freezing of the rate and
valuation of taxes on real property located there to any person who is
sixty-five (65) years or older, or if not sixty-five (65) or older, the
taxpayer's spouse who is domiciled with him or her, is sixty-five (65) or
older; who is fifty (50) years or older and who is the widow or widower of a
taxpayer who, prior to death, had qualified for, and was entitled to relief
under this subsection and who was domiciled with the decedent taxpayer on the
date of death or to any person who is totally and permanently disabled
regardless of age. The taxpayer shall reside in the town of Bristol for one
year prior to filing the claim for relief. (ii) To qualify for relief, the
taxpayer shall have "adjusted gross income", as the term is defined
for federal income tax purposes, for the preceding calendar year of less than
ten thousand dollars ($10,000). (2) The tax is calculated by fixing the
tax at the tax rate as levied on the real property during the year in which
the taxpayer became age sixty-four (64) or totally and permanently disabled
regardless of age. The rate remains regardless of the taxpayer's age, date of
application, or date of qualification. (3) The taxpayer shall apply annually
for tax relief on a form prepared by the tax assessor. The application shall
be filed between January 1 and May 15 for any year in which benefits are
claimed. The taxpayer shall file any supplemental information necessary to
satisfy the claim. Upon approval, the tax relief shall take effect in the
next forthcoming tax roll. (4) The owner of the property or a
tenant for life or for a term of years who meets the qualifications
previously enumerated is entitled to pay the tax levied on the property for
the first year in which the claim for tax relief is filed and approved. For
each subsequent year the taxpayer shall meet the qualifications hereafter
enumerated, the taxpayer shall be entitled to continue to pay the tax or the
lesser amount as is levied. (h) The town council of the town of
Tiverton may, by ordinance, (i) (1) The town of Tiverton may
provide, by ordinance, for a schedule of (2) Provided, that the (3) In the case of married persons, the
age requirement will be met as soon as either the husband or wife reaches the
age of sixty-five (65) years, and in the event (j) The city council of the city of
Warwick may provide, by ordinance, for the freezing of the tax rate and valuation
of real property for persons seventy (70) years of age or older who reside in
owner occupied single-family homes where the income from all sources does not
exceed seven thousand five hundred dollars ($7,500) for a single person and
does not exceed fifteen thousand dollars ($15,000) for married couples.
Persons seeking relief shall apply for an exemption to the tax assessor no
later than March 15 of each year. (k) The town council of the town of East Greenwich may provide, by ordinance, and upon such terms and conditions as it deems reasonable, for the freezing of both the tax rate attributable to education and the valuation of taxes on real property located in the town of any person who is sixty-five (65) years or older or of any person who is totally and permanently disabled regardless of age; provided, that the freeze of rate and valuation on real property applies only to single or two (2) family dwellings in which the person resides; and provided, further, that the person acquired the property for actual consideration paid or inherited the property; and provided, further, that the exemption is not allowed unless the person entitled to it has presented to the tax assessor, on or before the last day on which sworn statements may be filed with the assessor for the year for which the exemption is claimed, evidence that he or she is entitled, which evidence shall stand as long as his or her legal residence remains unchanged. The exemption is in addition to any other exemption provided by law; and provided, further, that the real estate is not taken from the tax rolls and is subject to the bonded indebtedness of the town. |
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354) |
Section |
Amend Chapter Numbers: |
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44-3-16.2 |
121 and 133 |
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44-3-16.2.
North Smithfield -- Tax stabilization for certain persons age sixty-five (65)
and over. -- (a) Definitions: (1) "Qualified senior" for
the purpose of this section means any person who shall satisfy the criteria
in subsection (A)(i) or (ii) or (iii); and all of the criteria of subsections
(B) -- (J) inclusive: (A) (i) (ii) (iii) (B) (C) (D) (E) (F) (G) (H) (I) items
of income; (J) (2) " (3) "Deferred Amount" for the
purpose of this section means as the difference between the (4) "Disqualifying Event" for
the purpose of this section means to include any and all of the following: (A) Sale of the property; (B) Transfer of the property to a
family member without life tenancy; (C) The point in time when the property
ceases to be the taxpayer's principle residence; (D) Written request by the applicant to
be removed from the program; or (E) Any property whose square footage
living space is increased since application and acceptance under this
ordinance. (b) (1) The town council of the town of
North Smithfield may, by ordinance, establish a (2) Upon proper application, approved
by the administrator or his/her designee, the assessment and tax will be (3) A deferral under this ordinance shall
not be disallowed if the owner applicant has only a life estate in the
property or if the property is in the name of a parent or one or more
children or in a trust for the benefit of the otherwise qualified resident
and the owners submit an affidavit that the qualified resident is the
principle owner or present beneficiary and title is held in that manner for
estate planning purposes only. (4) A deferral is not allowed for any
improvement for outbuildings such as garages or storage sheds, attached or
not, to the principle residence once application and acceptance into the tax
freeze program occurs. (c) Application Process: (1) The taxpayer shall initially apply
for eligibility in the tax stabilization program between the dates of January
1 and March 31, for taxes assessed the following July of that year. After
initial approval, the taxpayer must sign each year thereafter a statement
attesting to the fact that the taxpayer and the spouse continue to qualify
under the ordinance provisions. (2) Participation is optional at the
taxpayer's option. (3) Failure to file subsequent
statements of eligibility; or the occurrence of a disqualifying event of a
temporary nature; or the elimination of a disqualifying event that no longer
applies, shall require re-entry into the program and full reapplication and
recertification, and shall nullify the freeze and any deferral for the tax
year in which the disqualifying event occurred, and past deferred amounts
shall be due under subsection (e). In such case, the frozen yearly tax shall
be calculated as of the year of re-entry into the program. (d) Recording of deferral; Lien:
(1) All properties subject to the (2) All taxes deferred shall constitute
a lien on the real estate for which the deferment was granted until paid in
accordance with the provisions ordinance. (e) Payment of deferral: (1) All deferrals must be paid in full
within six (6) months of a disqualifying event in the case of a death of the
legal owner of the property, at closing and conveyance in the event of a sale
and within three (3) months of any other disqualifying event. (2) Failure to report the disqualifying
event, and/or to pay the deferral tax when due, will carry a maximum penalty
of one hundred dollars ($100) per month, or portion thereof, and applicable
interest on the currently assessed tax without regard to the freeze
provisions contained herein. Interest will be assessed and due in the same
manner as other past due tax receivables and will apply to all amounts
previously deferred as well as current amounts due. (f) Appeal: - Appeals of all decisions
as to the application, administration, eligibility or other matter relating
to this ordinance shall be made in writing to the North Smithfield town
council. (g) Severability: - If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. |
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355) |
Section |
Amend Chapter Numbers: |
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44-5-11.8 |
6 and 7 |
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44-5-11.8.
Tax classification. -- (a) Upon the
completion of any comprehensive revaluation or any update, in accordance with
§ 44-5-11.6, any city or town may adopt a tax classification plan, by
ordinance, with the following limitations: (1) The designated classes of property
shall be limited to the classes as defined in subsection (b) of this section. (2) The effective tax rate applicable
to any class, excluding class 4, shall not exceed by fifty percent (50%) the
rate applicable to any other class, except in the city of Providence (3) Any tax rate changes from one year
to the next shall be applied such that the same percentage rate change is
applicable to all classes, excluding class 4, except in the city of
Providence and the town of Glocester. (4) Notwithstanding subdivisions (2)
and (3) of this subsection, the tax rates applicable to wholesale and retail
inventory within Class 3 as defined in subsection (b) of this section are
governed by § 44-3-29.1. (5) The tax rates applicable to motor
vehicles within Class 4, as defined in subsection (b) of this section,
are governed by § 44-34.1-1. (6) The provisions of chapter 35 of
this title relating to property tax and fiscal disclosure apply (b) Classes of Property. (1) Class 1: Residential real estate
consisting of no more than five (5) dwelling units (i) A homestead exemption provision is
also authorized within this class; provided however, that the actual,
effective rate applicable to property qualifying for this exemption shall be
construed as the standard rate for this class against which the maximum rate
applicable to another class shall be determined, except in the town of
Glocester. (ii) In lieu of a homestead exemption,
any city or town may divide this class into non-owner and owner-occupied
property (2) Class 2: Commercial and industrial
real estate (3) Class 3: All ratable, tangible
personal property. (4) Class 4: Motor vehicles and
trailers subject to the excise tax created by chapter 34 of this title. (c) The city council of the city of
Providence and the town council of the town of Glocester may, by ordinance,
provide for, and adopt, a tax rate on various classes as they shall deem
appropriate. Provided, that the tax rate for Class 2 shall not be more than
two (2) times the tax rate of Class 1; the tax rate applicable to Class 3
shall not exceed the tax rate of Class 1 by more than two hundred percent
(200%). Glocester shall be able to establish homestead exemptions up to fifty
percent (50%) of value and the calculation provided in subsection (b)(1)(i)
shall not be used in setting the differential tax rates. (d) Notwithstanding the provisions of
subsection (a) of this section, the town council of the town of Middletown
may hereafter, by ordinance, adopt a tax classification plan in accordance
with the provisions of subsections (a) and (b) of this section, to be
applicable to taxes assessed on or after the assessment date of December 31,
2002. (e) Notwithstanding the provisions of
subsection (a) of this section, the town council of the town of Little
Compton may hereafter, by ordinance, adopt a tax classification plan in
accordance with the provisions of subsections (a) and (b) of this section and
the provisions of § 44-5-79, to be applicable to taxes assessed on or after
the assessment date of December 31, 2004. (f) Notwithstanding the provisions of subsection (a) of this section, the town council of the town of Scituate may hereafter, by ordinance, change its tax assessment from fifty percent (50%) of value to one hundred percent (100%) of value on residential and commercial/industrial/mixed-use property, while tangible property is assessed at one hundred percent (100%) of cost, less depreciation; provided, however, the tax rate for Class 3 (tangible) property shall not exceed the tax rate for Class 1 (residential) property by more than two hundred thirteen percent (213%). This provision shall apply whether or not the fiscal year is also a revaluation year. (g) Notwithstanding the provisions of subsections (a) and (b) of this section, the town council of the town of Coventry may hereafter, by ordinance, adopt a tax classification plan providing that Class 1, as set forth in subsection (b) ('Classes of Property') of this section, may also include residential properties containing commercial or business uses, such ordinance to be applicable to taxes assessed on or after the assessment date of December 31, 2014. |
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356) |
Section |
Amend Chapter Numbers: |
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44-5-12 |
156 and 189 |
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44-5-12.
Assessment at full and fair cash value. -- (a) All real property subject to taxation shall be assessed at its
full and fair cash value, or at a uniform percentage of its value, not to
exceed one hundred percent (100%), to be determined by the assessors in each
town or city; provided, that: (1) Any residential property encumbered
by a covenant recorded in the land records in favor of a governmental unit or
Rhode Island housing and mortgage finance corporation restricting either or
both the rents that may be charged or the incomes of the occupants shall be
assessed and taxed in accordance with (2) In assessing real estate (3) Warwick. - The city council of the
city of Warwick is authorized to provide, by ordinance, that the owner of any
dwelling of one to three (3) family units in the city of Warwick who makes
any improvements or additions on his or her principal place of residence in
the amount up to fifteen thousand dollars ($15,000), as may be determined by
the tax assessor of the city of Warwick, is exempt from reassessment of
property taxes on the improvement or addition until the next general citywide
reevaluation of property values by the tax assessor. For the purposes of this
section, "residence" is defined as voting address. This exemption
does not apply to any commercial structure. The property owner shall supply
all necessary plans to the building official for the improvements or addition
and shall pay all requisite building and other permitting fees as now are
required by law; and (4) Central Falls. - The city council
of the city of Central Falls is authorized to provide, by ordinance, that the
owner of any dwelling of one to eight (8) units who makes any improvements or
additions to his or her residential or rental property in an amount not to
exceed twenty-five thousand dollars (5) Tangible property shall be assessed
according to the asset classification table as defined in (b) Municipalities shall make available
to every land owner whose property is taxed under the provisions of this
section a document (c) Pursuant to the provisions of |
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357) |
Section |
Amend Chapter Numbers: |
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44-9-11 |
247 and 271 |
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44-9-11.
Notice to mortgagees and other parties in interest. -- (a) In case the collector shall advertise for sale
any property, real, personal, or mixed, in which any person other than the
person to whom the tax is assessed has an interest, it shall not be necessary
for the collector to notify the interested party, except for the following
interested parties, provided that their interest was of record at least
ninety (90) days prior to the date set for the sale: the present owner of (b) Only a person or entity failing to
receive notice in accordance with the provisions of this section and §§
44-9-9 and 44-9-10 shall be entitled to raise the issue of lack of notice or
defective notice to void the tax sale. The right to notice shall be personal
to each party entitled to it
and shall not be asserted on behalf of another party in interest. If there is
a defect in notice, the tax sale shall be void only as to the party deprived
of adequate notice, but shall be valid as to all other parties in interest
who received proper notice of the tax sale. (c) Once a petition is filed under §
44-9-25, and any party in interest entitled to notice of the tax sale
receives actual notice of the pendency of the petition to foreclose, the
party must raise the notice defense in accordance with the provisions of §
44-9-31 or be estopped from alleging lack of notice in any action to vacate a
final decree entered in accordance with § 44-9-30. |
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358) |
Section |
Amend Chapter Numbers: |
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44-18-30 |
255, 276, and 141, article 11 |
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44-18-30.
Gross receipts exempt from sales and use taxes [Effective December 31, 2014.]
-- There are exempted from the
taxes imposed by this chapter the following gross receipts: (1) Sales and uses beyond
constitutional power of state. - From the sale and from the storage, use, or
other consumption in this state of tangible personal property the gross
receipts from the sale of which, or the storage, use, or other consumption of
which, this state is prohibited from taxing under the Constitution of the
United States or under the constitution of this state. (2) Newspapers. (i) From the sale and from the storage,
use, or other consumption in this state of any newspaper. (ii) "Newspaper" means an
unbound publication printed on (iii) "Newspaper" does not
include a magazine, handbill, circular, flyer, sales catalog, or similar item
unless the item is printed (3) School meals. - From the sale and
from the storage, use, or other consumption in this state of meals served by
public, private, or parochial schools, school districts, colleges,
universities, student organizations, and parent-teacher associations to the
students or teachers of a school, college, or university whether the meals
are served by the educational institutions or by a food service or management
entity under contract to the educational institutions. (4) Containers. (i) From the sale and from the storage,
use, or other consumption in this state of: (A) Non-returnable containers,
including boxes, paper bags, and wrapping materials that are biodegradable
and all bags and wrapping materials utilized in the medical and healing arts,
when sold without the contents to persons who place the contents in the
container and sell the contents with the container. (B) Containers when sold with the
contents if the sale price of the contents is not required to be included in
the measure of the taxes imposed by this chapter. (C) Returnable containers when sold
with the contents in connection with a retail sale of the contents or when
resold for refilling. (ii) As used in this subdivision, the
term "returnable containers" means containers of a kind customarily
returned by the buyer of the contents for reuse. All other containers are
"non-returnable containers." (5) (i) Charitable, educational, and
religious organizations. - From the sale to, as in defined in this section,
and from the storage, use, and other consumption in this (ii) In the case of contracts entered
into with the federal government, its its
agencies, any city, town, district, or other political subdivision of the
states; hospitals not operated for profit; educational institutions not
operated for profit; churches, orphanages, and other institutions or organizations
operated exclusively for religious or charitable (iii) The contractor shall not charge
any sales or use tax to any exempt agency, institution, or organization but
shall in that instance provide his or her suppliers with certificates in the
form as determined by the division of taxation showing the reason for
exemption and the contractor's records must substantiate the claim for
exemption by showing the disposition of all property so purchased. If any
property is then used for a nonexempt purpose, the contractor must pay the
tax on the property used. (6) Gasoline. - From the sale and from
the storage, use, or other consumption in this state of: (i) gasoline and
other products taxed under chapter 36 of title 31 and (ii) fuels used for the
propulsion of airplanes. (7) Purchase for manufacturing
purposes. (i) From the sale and from the storage,
use, or other consumption in this state of computer software, tangible
personal property, electricity, natural gas, artificial gas, steam,
refrigeration, and water, when the property or service is purchased for the
purpose of being manufactured into a finished product for resale and becomes
an ingredient, component, or integral part of the manufactured, compounded,
processed, assembled, or prepared product, or if the property or service is
consumed in the process of manufacturing for resale computer software,
tangible personal property, electricity, natural gas, artificial gas, steam,
refrigeration, or water. (ii) "Consumed" means destroyed,
used up, or worn out to the degree or extent that the property cannot be
repaired, reconditioned, or rendered fit for further manufacturing use. (iii) "Consumed" includes
mere obsolescence. (iv) "Manufacturing" means
and includes manufacturing, compounding, processing, assembling, preparing,
or producing. (v) "Process of
manufacturing" means and includes all production operations performed in
the producing or processing room, shop, or plant, insofar as the operations
are a part of and connected with the manufacturing for resale of tangible
personal property, electricity, natural gas, artificial gas, steam,
refrigeration, or water and all production operations performed insofar as
the operations are a part of and connected with the manufacturing for resale
of computer software. (vi) "Process of
manufacturing" does not mean or include administration operations such
as general office operations, accounting, collection or sales promotion, nor
does it mean or include distribution operations that occur subsequent to
production operations, such as handling, storing, selling, and transporting
the manufactured products, even though the administration and distribution
operations are performed by, or in connection with, a manufacturing business. (8) State and political subdivisions. -
From the sale to, and from the storage, use, or other consumption by, this
state, any city, town, district, or other political subdivision of this
state. Every redevelopment agency created pursuant to chapter 31 of title 45
is deemed to be a subdivision of the municipality where it is located. (9) Food and food ingredients. - From
the sale and storage, use, or other consumption in this state of food and
food ingredients as defined in § 44-18-7.1(l). For the purposes of this exemption
"food and food ingredients" shall not include candy, soft drinks,
dietary supplements, alcoholic beverages, tobacco, food sold through vending
machines, or prepared food, as those terms are defined in § 44-18-7.1, unless
the prepared food is: (i) Sold by a seller whose primary
NAICS classification is manufacturing in sector 311, except sub-sector 3118
(bakeries); (ii) Sold in an unheated state by
weight or volume as a single item; (iii) Bakery items, including bread,
rolls, buns, biscuits, bagels, croissants, pastries, donuts, danish, cakes,
tortes, pies, tarts, muffins, bars, cookies, tortillas; and is not sold with utensils provided by
the seller, including plates, knives, forks, spoons, glasses, cups, napkins,
or straws. (10) Medicines, drugs, and durable
medical equipment. - From the sale and from the storage, use, or other
consumption in this state, of; (i) "Drugs" as defined in §
44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and insulin whether
or not sold on prescription. For purposes of this exemption drugs shall not
include over-the-counter drugs and grooming and hygiene products as defined
in § 44-18-7.1(h)(iii). (ii) Durable medical equipment as
defined in § 44-18-7.1(k) for home use only, including, but not limited to,
syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent
chairs, and chair lifts. Supplies used in connection with syringe infusers
and ambulatory drug delivery pumps that are sold on prescription to
individuals to be used by them to dispense or administer prescription drugs,
and related ancillary dressings and supplies used to dispense or administer
prescription drugs, shall also be exempt from tax. (11) Prosthetic devices and mobility
enhancing equipment. - From the sale and from the storage, use, or other
consumption in this state, of prosthetic devices as defined in §
44-18-7.1(t), sold on prescription, including, but not limited to: artificial
limbs, dentures, spectacles, eyeglasses, and artificial eyes; artificial
hearing devices and hearing aids, whether or not sold on prescription; and
mobility enhancing equipment as defined in § 44-18-7.1(p), including
wheelchairs, crutches and canes. (12) Coffins, caskets, and burial
garments. - From the sale and from the storage, use, or other consumption in
this state of coffins or caskets, and shrouds or other burial garments that
are ordinarily sold by a funeral director as part of the business of funeral
directing. (13) Motor vehicles sold to
nonresidents. (i) From the sale, subsequent to June
30, 1958, of a motor vehicle to a bona fide nonresident of this state who
does not register the motor vehicle in this state, whether the sale or
delivery of the motor vehicle is made in this state or at the place of
residence of the nonresident. A motor vehicle sold to a bona fide nonresident
whose state of residence does not allow a like exemption to its nonresidents
is not exempt from the tax imposed under § 44-18-20. In that event, the bona
fide nonresident pays a tax to Rhode Island on the sale at a rate equal to
the rate that would be imposed in his or her state of residence not to exceed
the rate that would have been imposed under § 44-18-20. Notwithstanding any
other provisions of law, a licensed motor vehicle dealer shall add and
collect the tax required under this subdivision and remit the tax to the tax
administrator under the provisions of chapters 18 and 19 of this title. When
a Rhode Island licensed, motor vehicle dealer is required to add and collect
the sales and use tax on the sale of a motor vehicle to a bona fide
nonresident as provided in this section, the dealer in computing the tax
takes into consideration the law of the state of the nonresident as it
relates to the trade-in of motor vehicles. (ii) The tax administrator, in addition
to the provisions of §§ 44-19-27 and 44-19-28, may require any licensed motor
vehicle dealer to keep records of sales to bona fide nonresidents as the tax
administrator deems reasonably necessary to substantiate the exemption
provided in this subdivision, including the affidavit of a licensed motor
vehicle dealer that the purchaser of the motor vehicle was the holder of, and
had in his or her possession a valid out of state motor vehicle registration
or a valid out of state driver's license. (iii) Any nonresident who registers a
motor vehicle in this state within ninety (90) days of the date of its sale
to him or her is deemed to have purchased the motor vehicle for use, storage,
or other consumption in this state, and is subject to, and liable for, the
use tax imposed under the provisions of § 44-18-20. (14) Sales in public buildings by blind
people. - From the sale and from the storage, use, or other consumption in
all public buildings in this state of all products or wares by any person
licensed under § 40-9-11.1. (15) Air and water pollution control
facilities. - From the sale, storage, use, or other consumption in this state
of tangible personal property or supplies acquired for incorporation into or
used and consumed in the operation of a facility, the primary purpose of
which is to aid in the control of the pollution or contamination of the
waters or air of the state, as defined in chapter 12 of title 46 and chapter
25 of title 23, respectively, and that has been certified as approved for
that purpose by the director of environmental management. The director of
environmental management may certify to a portion of the tangible personal
property or supplies acquired for incorporation into those facilities or used
and consumed in the operation of those facilities to the extent that that
portion has as its primary purpose the control of the pollution or
contamination of the waters or air of this state. As used in this
subdivision, "facility" means any land, facility, device, building,
machinery, or equipment. (16) Camps. - From the rental charged
for living quarters, or sleeping, or housekeeping accommodations at camps or
retreat houses operated by religious, charitable, educational, or other
organizations and associations mentioned in subdivision (5), or by privately
owned and operated summer camps for children. (17) Certain institutions. - From the rental
charged for living or sleeping quarters in an institution licensed by the
state for the hospitalization, custodial, or nursing care of human beings. (18) Educational institutions. - From
the rental charged by any educational institution for living quarters, or
sleeping, or housekeeping accommodations or other rooms or accommodations to
any student or teacher necessitated by attendance at an educational
institution. "Educational institution" as used in this section
means an institution of learning not operated for profit that is empowered to
confer diplomas, educational, literary, or academic degrees; that has a
regular faculty, curriculum, and organized body of pupils or students in
attendance throughout the usual school year; that keeps and furnishes to
students and others records required and accepted for entrance to schools of
secondary, collegiate, or graduate rank; and no part of the net earnings of
which inures to the benefit of any individual. (19) Motor vehicle and adaptive
equipment for persons with disabilities. (i) From the sale of: (A) Special
adaptations; (B) The component parts of the special adaptations; or (C) A
specially adapted motor vehicle; provided that the owner furnishes to the tax
administrator an affidavit of a licensed physician to the effect that the
specially adapted motor vehicle is necessary to transport a family member
with a disability or where the vehicle has been specially adapted to meet the
specific needs of the person with a disability. This exemption applies to not
more than one motor vehicle owned and registered for personal, noncommercial
use. (ii) For the purpose of this subsection
the term "special adaptations" includes, but is not limited to:
wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair
securements, hand controls, steering devices, extensions, relocations, and
crossovers of operator controls, power-assisted controls, raised tops or
dropped floors, raised entry doors, or alternative signaling devices to
auditory signals. (iii) From the sale of: (a) special
adaptations, (b) the component parts of the special adaptations, for a
"wheelchair accessible taxicab" as defined in § 39-14-1, and/or a
"wheelchair accessible public motor vehicle" as defined in §
39-14.1-1. (iv) For the purpose of this
subdivision the exemption for a "specially adapted motor vehicle"
means a use tax credit not to exceed the amount of use tax that would
otherwise be due on the motor vehicle, exclusive of any adaptations. The use
tax credit is equal to the cost of the special adaptations, including
installation. (20) Heating fuels. - From the sale and
from the storage, use, or other consumption in this state of every type of
fuel used in the heating of homes and residential premises. (21) Electricity and gas. - From the
sale and from the storage, use, or other consumption in this state of
electricity and gas furnished for domestic use by occupants of residential
premises. (22) Manufacturing machinery and
equipment. (i) From the sale and from the storage,
use, or other consumption in this state of tools, dies, molds, machinery,
equipment (including replacement parts), and related items to the extent used
in an industrial plant in connection with the actual manufacture, conversion,
or processing of tangible personal property, or to the extent used in
connection with the actual manufacture, conversion, or processing of computer
software as that term is utilized in industry numbers 7371, 7372, and 7373 in
the standard industrial classification manual prepared by the Technical
Committee on Industrial Classification, Office of Statistical Standards,
Executive Office of the President, United States Bureau of the Budget, as
revised from time to time, to be sold, or that machinery and equipment used
in the furnishing of power to an industrial manufacturing plant. For the
purposes of this subdivision, "industrial plant" means a factory at
a fixed location primarily engaged in the manufacture, conversion, or
processing of tangible personal property to be sold in the regular course of
business; (ii) Machinery and equipment and
related items are not deemed to be used in connection with the actual
manufacture, conversion, or processing of tangible personal property, or in
connection with the actual manufacture, conversion, or processing of computer
software as that term is utilized in industry numbers 7371, 7372, and 7373 in
the standard industrial classification manual prepared by the Technical
Committee on Industrial Classification, Office of Statistical Standards,
Executive Office of the President, United States Bureau of the Budget, as
revised from time to time, to be sold to the extent the property is used in
administration or distribution operations; (iii) Machinery and equipment and
related items used in connection with the actual manufacture, conversion, or
processing of any computer software or any tangible personal property that is
not to be sold and that would be exempt under subdivision (7) or this
subdivision if purchased from a vendor or machinery and equipment and related
items used during any manufacturing, converting, or processing function is
exempt under this subdivision even if that operation, function, or purpose is
not an integral or essential part of a continuous production flow or
manufacturing process; (iv) Where a portion of a group of
portable or mobile machinery is used in connection with the actual
manufacture, conversion, or processing of computer software or tangible
personal property to be sold, as previously defined, that portion, if
otherwise qualifying, is exempt under this subdivision even though the
machinery in that group is used interchangeably and not otherwise
identifiable as to use. (23) Trade-in value of motor vehicles.
- From the sale and from the storage, use, or other consumption in this state
of so much of the purchase price paid for a new or used automobile as is
allocated for a trade-in allowance on the automobile of the buyer given in
trade to the seller, or of the proceeds applicable only to the automobile as
are received from the manufacturer of automobiles for the repurchase of the
automobile whether the repurchase was voluntary or not towards the purchase
of a new or used automobile by the buyer. For the purpose of this
subdivision, the word "automobile" means a private passenger
automobile not used for hire and does not refer to any other type of motor
vehicle. (24) Precious metal bullion. (i) From the sale and from the storage,
use, or other consumption in this state of precious metal bullion,
substantially equivalent to a transaction in securities or commodities. (ii) For purposes of this subdivision,
"precious metal bullion" means any elementary precious metal that
has been put through a process of smelting or refining, including, but not
limited to, gold, silver, platinum, rhodium, and chromium, and that is in a
state or condition that its
value depends upon its content and not upon its form. (iii) The term does not include
fabricated precious metal that has been processed or manufactured for some
one or more specific and customary industrial, professional, or artistic
uses. (25) Commercial vessels. - From sales
made to a commercial ship, barge, or other vessel of fifty (50) tons burden
or over, primarily engaged in interstate or foreign commerce, and from the
repair, alteration, or conversion of the vessels, and from the sale of
property purchased for the use of the vessels including provisions, supplies,
and material for the maintenance and/or repair of the vessels. (26) Commercial fishing vessels. - From
the sale and from the storage, use, or other consumption in this state of
vessels and other water craft that are in excess of five (5) net tons and
that are used exclusively for "commercial fishing", as defined in
this subdivision, and from the repair, alteration, or conversion of those
vessels and other watercraft, and from the sale of property purchased for the
use of those vessels and other watercraft including provisions, supplies, and
material for the maintenance and/or repair of the vessels and other
watercraft and the boats nets, cables, tackle, and other fishing equipment
appurtenant to or used in connection with the commercial fishing of the
vessels and other watercraft. "Commercial fishing" means taking or
attempting to take any fish, shellfish, crustacea, or bait species with the
intent of disposing of it for profit or by sale, barter, trade, or in commercial
channels. The term does not include subsistence fishing, i.e., the taking for
personal use and not for sale or barter; or sport fishing; but shall include
vessels and other watercraft with a Rhode Island party and charter boat
license issued by the department of environmental management pursuant to §
20-2-27.1 that meet the following criteria: (i) The operator must have a
current U.S.C.G. license to carry passengers for hire; (ii) U.S.C.G. vessel
documentation in the coast wide fishery trade; (iii) U.S.C.G. vessel
documentation as to proof of Rhode Island home port status or a Rhode Island
boat registration to prove Rhode Island home port status; and (iv) The vessel
must be used as a commercial passenger carrying fishing vessel to carry
passengers for fishing. The vessel must be able to demonstrate that at least
fifty percent (50%) of its annual gross income derives from charters or
provides documentation of a minimum of one hundred (100) charter trips
annually; and (v) The vessel must have a valid Rhode Island party and charter
boat license. The tax administrator shall implement the provisions of this
subdivision by promulgating rules and regulations relating thereto. (27) Clothing and footwear. - From the
sales of articles of clothing, including footwear, intended to be worn or
carried on or about the human body for sales prior to October 1, 2012.
Effective October 1, 2012, the exemption will apply to the sales of articles
of clothing, including footwear, intended to be worn or carried on or about
the human body up to two hundred and fifty dollars ($250) of the sales price
per item. For the purposes of this section, "clothing or footwear"
does not include clothing accessories or equipment or special clothing or
footwear primarily designed for athletic activity or protective use as these
terms are defined in section 44-18-7.1(f). In recognition of the work being
performed by the streamlined sales and use tax governing board, upon passage
of any federal law that authorizes states to require remote sellers to
collect and remit sales and use taxes, this unlimited exemption will apply as
it did prior to October 1, 2012. The unlimited exemption on sales of clothing
and footwear shall take effect on the date that the state requires remote
sellers to collect and remit sales and use taxes. (28) Water for residential use. - From
the sale and from the storage, use, or other consumption in this state of
water furnished for domestic use by occupants of residential premises. (29) Bibles. - [Unconstitutional; see
Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes to Decisions.]From the
sale and from the storage, use, or other consumption in the state of any
canonized scriptures of any tax-exempt nonprofit religious organization
including, but not limited to, the Old Testament and the New Testament
versions. (30) Boats. (i) From the sale of a boat or vessel
to a bona fide nonresident of this state who does not register the boat or
vessel in this state or document the boat or vessel with the United States
government at a home port within the state, whether the sale or delivery of
the boat or vessel is made in this state or elsewhere; provided, that the
nonresident transports the boat within thirty (30) days after delivery by the
seller outside the state for use thereafter solely outside the state. (ii) The tax administrator, in addition
to the provisions of §§ 44-19-17 and 44-19-28, may require the seller of the
boat or vessel to keep records of the sales to bona fide nonresidents as the
tax administrator deems reasonably necessary to substantiate the exemption
provided in this subdivision, including the affidavit of the seller that the
buyer represented himself or herself to be a bona fide nonresident of this
state and of the buyer that he or she is a nonresident of this state. (31) Youth activities equipment. - From
the sale, storage, use, or other consumption in this state of items for not
more than twenty dollars ($20.00) each by nonprofit Rhode Island eleemosynary
organizations, for the purposes of youth activities that the organization is
formed to sponsor and support; and by accredited elementary and secondary
schools for the purposes of the schools or of organized activities of the
enrolled students. (32) Farm equipment. - From the sale
and from the storage or use of machinery and equipment used directly for
commercial farming and agricultural production; including, but not limited
to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage
conveyors, balers, bulk milk storage tanks, trucks with farm plates, mowers,
combines, irrigation equipment, greenhouses and greenhouse coverings, graders
and packaging machines, tools and supplies and other farming equipment,
including replacement parts appurtenant to or used in connection with
commercial farming and tools and supplies used in the repair and maintenance
of farming equipment. "Commercial farming" means the keeping or
boarding of five (5) or more horses or the production within this state of
agricultural products, including, but not limited to, field or orchard crops,
livestock, dairy, and poultry, or their products, where the keeping,
boarding, or production provides at least two thousand five hundred dollars
($2,500) in annual gross sales to the operator, whether an individual, a
group, a partnership, or a corporation for exemptions issued prior to July 1,
2002. For exemptions issued or renewed after July 1, 2002, there shall be two
(2) levels. Level I shall be based on proof of annual, gross sales from
commercial farming of at least twenty-five hundred dollars ($2,500) and shall
be valid for purchases subject to the exemption provided in this subdivision
except for motor vehicles with an excise tax value of five thousand dollars
($5,000) or greater. Level II shall be based on proof of annual gross sales
from commercial farming of at least ten thousand dollars ($10,000) or greater
and shall be valid for purchases subject to the exemption provided in this
subdivision including motor vehicles with an excise tax value of five
thousand dollars ($5,000) or greater. For the initial issuance of the
exemptions, proof of the requisite amount of annual gross sales from
commercial farming shall be required for the prior year; for any renewal of
an exemption granted in accordance with this subdivision at either level I or
level II, proof of gross annual sales from commercial farming at the
requisite amount shall be required for each of the prior two (2) years.
Certificates of exemption issued or renewed after July 1, 2002, shall clearly
indicate the level of the exemption and be valid for four (4) years after the
date of issue. This exemption applies even if the same equipment is used for
ancillary uses, or is temporarily used for a non-farming or a
non-agricultural purpose, but shall not apply to motor vehicles acquired
after July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant
to § 31-1-8 and is eligible for registration displaying farm plates as
provided for in § 31-3-31. (33) Compressed air. - From the sale
and from the storage, use, or other consumption in the state of compressed
air. (34) Flags. - From the sale and from
the storage, consumption, or other use in this state of United States, Rhode
Island or POW-MIA flags. (35) Motor vehicle and adaptive
equipment to certain veterans. - From the sale of a motor vehicle and
adaptive equipment to and for the use of a veteran with a service-connected
loss of or the loss of use of a leg, foot, hand, or arm, or any veteran who
is a double amputee, whether service connected or not. The motor vehicle must
be purchased by and especially equipped for use by the qualifying veteran.
Certificate of exemption or refunds of taxes paid is granted under rules or
regulations that the tax administrator may prescribe. (36) Textbooks. - From the sale and
from the storage, use, or other consumption in this state of textbooks by an
"educational institution", as defined in subdivision (18) of this
section, and any educational institution within the purview of § 16-63-9(4),
and used textbooks by any purveyor. (37) Tangible personal property and
supplies used in on-site hazardous waste recycling, reuse, or treatment. -
From the sale, storage, use, or other consumption in this state of tangible
personal property or supplies used or consumed in the operation of equipment,
the exclusive function of which is the recycling, reuse, or recovery of
materials (other than precious metals, as defined in subdivision (24)(ii) of
this section) from the treatment of "hazardous wastes", as defined
in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode
Island solely by the same taxpayer and where the personal property is located
at, in, or adjacent to a generating facility of the taxpayer in Rhode Island.
The taxpayer shall procure an order from the director of the department of
environmental management certifying that the equipment and/or supplies as
used or consumed, qualify for the exemption under this subdivision. If any
information relating to secret processes or methods of manufacture,
production, or treatment is disclosed to the department of environmental
management only to procure an order, and is a "trade secret" as
defined in § 28-21-10(b), it is not open to public inspection or publicly
disclosed unless disclosure is required under chapter 21 of title 28 or
chapter 24.4 of title 23. (38) Promotional and product literature
of boat manufacturers. - From the sale and from the storage, use, or other
consumption of promotional and product literature of boat manufacturers
shipped to points outside of Rhode Island that either: (i) Accompany the
product that is sold; (ii) Are shipped in bulk to out-of-state dealers for
use in the sale of the product; or (iii) Are mailed to customers at no
charge. (39) Food items paid for by food stamps. -
From the sale and from the storage, use, or other consumption in this state
of eligible food items payment for which is properly made to the retailer in
the form of U.S. government food stamps issued in accordance with the Food
Stamp Act of 1977, 7 U.S.C. § 2011 et seq. (40) Transportation charges. - From the
sale or hiring of motor carriers as defined in § 39-12-2(l) to haul goods,
when the contract or hiring cost is charged by a motor freight tariff filed
with the Rhode Island public utilities commission on the number of miles
driven or by the number of hours spent on the job. (41) Trade-in value of boats. - From
the sale and from the storage, use, or other consumption in this state of so
much of the purchase price paid for a new or used boat as is allocated for a
trade-in allowance on the boat of the buyer given in trade to the seller or
of the proceeds applicable only to the boat as are received from an insurance
claim as a result of a stolen or damaged boat, towards the purchase of a new
or used boat by the buyer. (42) Equipment used for research and
development. - From the sale and from the storage, use, or other consumption
of equipment to the extent used for research and development purposes by a
qualifying firm. For the purposes of this subdivision, "qualifying
firm" means a business for which the use of research and development
equipment is an integral part of its operation and "equipment"
means scientific equipment, computers, software, and related items. (43) Coins. - From the sale and from
the other consumption in this state of coins having numismatic or investment
value. (44) Farm structure construction
materials. - Lumber, hardware, and other materials used in the new construction
of farm structures, including production facilities such as, but not limited
to, farrowing sheds, free stall and stanchion barns, milking parlors, silos,
poultry barns, laying houses, fruit and vegetable storages, rooting cellars,
propagation rooms, greenhouses, packing rooms, machinery storage, seasonal
farm worker housing, certified farm markets, bunker and trench silos, feed
storage sheds, and any other structures used in connection with commercial
farming. (45) Telecommunications carrier access
service. - Carrier access service or telecommunications service when
purchased by a telecommunications company from another telecommunications
company to facilitate the provision of telecommunications service.
(46) Boats or vessels brought into the state exclusively for winter
storage, maintenance, repair or sale. - Notwithstanding the provisions of §§
44-18-10, 44-18-11 and 44-18-20, the tax imposed by § 44-18-20 is not
applicable for the period commencing on the first day of October in any year
up to and including the 30th day of April next succeeding with respect to the
use of any boat or vessel within this state exclusively for purposes of: (i)
Delivery of the vessel to a facility in this state for storage, including dry
storage and storage in water by means of apparatus preventing ice damage to
the hull, maintenance, or repair; (ii) The actual process of storage,
maintenance, or repair of the boat or vessel; or (iii) Storage for the
purpose of selling the boat or vessel. (47) Jewelry display product. - From
the sale and from the storage, use, or other consumption in this state of
tangible personal property used to display any jewelry product; provided that
title to the jewelry display product is transferred by the jewelry
manufacturer or seller and that the jewelry display product is shipped out of
state for use solely outside the state and is not returned to the jewelry
manufacturer or seller. (48) Boats or vessels generally. -
Notwithstanding the provisions of this chapter, the tax imposed by §§
44-18-20 and 44-18-18 shall not apply with respect to the sale and to the
storage, use, or other consumption in this state of any new or used boat. The
exemption provided for in this subdivision does not apply after October 1,
1993, unless prior to October 1, 1993, the federal ten percent (10%)
surcharge on luxury boats is repealed. (49) Banks and regulated investment
companies interstate toll-free calls. - Notwithstanding the provisions of
this chapter, the tax imposed by this chapter does not apply to the
furnishing of interstate and international, toll-free terminating
telecommunication service that is used directly and exclusively by or for the
benefit of an eligible company as defined in this subdivision; provided that
an eligible company employs on average during the calendar year no less than
five hundred (500) "full-time equivalent employees" as that term is
defined in § 42-64.5-2. For purposes of this section, an "eligible company"
means a "regulated investment company" as that term is defined in
the Internal Revenue Code of 1986, 26 U.S.C. § 1 et seq., or a corporation to
the extent the service is provided, directly or indirectly, to or on behalf
of a regulated investment company, an employee benefit plan, a retirement
plan or a pension plan or a state-chartered bank. (50) Mobile and manufactured homes
generally. - From the sale and from the storage, use, or other consumption in
this state of mobile and/or manufactured homes as defined and subject to
taxation pursuant to the provisions of chapter 44 of title 31. (51) Manufacturing business
reconstruction materials. (i) From the sale and from the storage,
use, or other consumption in this state of lumber, hardware, and other building
materials used in the reconstruction of a manufacturing business facility
that suffers a disaster, as defined in this subdivision, in this state.
"Disaster" means any occurrence, natural or otherwise, that results
in the destruction of sixty percent (60%) or more of an operating
manufacturing business facility within this state. "Disaster" does
not include any damage resulting from the willful act of the owner of the
manufacturing business facility. (ii) Manufacturing business facility
includes, but is not limited to, the structures housing the production and
administrative facilities. (iii) In the event a manufacturer has
more than one manufacturing site in this state, the sixty percent (60%)
provision applies to the damages suffered at that one site. (iv) To the extent that the costs of
the reconstruction materials are reimbursed by insurance, this exemption does
not apply. (52) Tangible personal property and
supplies used in the processing or preparation of floral products and floral
arrangements. - From the sale, storage, use, or other consumption in this
state of tangible personal property or supplies purchased by florists, garden
centers, or other like producers or vendors of flowers, plants, floral
products, and natural and artificial floral arrangements that are ultimately
sold with flowers, plants, floral products, and natural and artificial floral
arrangements or are otherwise used in the decoration, fabrication, creation,
processing, or preparation of flowers, plants, floral products, or natural
and artificial floral arrangements, including descriptive labels, stickers,
and cards affixed to the flower, plant, floral product, or arrangement,
artificial flowers, spray materials, floral paint and tint, plant shine, flower
food, insecticide and fertilizers. (53) Horse food products. - From the
sale and from the storage, use, or other consumption in this state of horse
food products purchased by a person engaged in the business of the boarding
of horses. (54) Non-motorized recreational
vehicles sold to nonresidents. (i) From the sale, subsequent to June
30, 2003, of a non-motorized recreational vehicle to a bona fide nonresident
of this state who does not register the non-motorized recreational vehicle in
this state, whether the sale or delivery of the non-motorized recreational
vehicle is made in this state or at the place of residence of the
nonresident; provided that a non-motorized recreational vehicle sold to a
bona fide nonresident whose state of residence does not allow a like
exemption to its nonresidents is not exempt from the tax imposed under §
44-18-20; provided, further, that in that event the bona fide nonresident
pays a tax to Rhode Island on the sale at a rate equal to the rate that would
be imposed in his or her state of residence not to exceed the rate that would
have been imposed under § 44-18-20. Notwithstanding any other provisions of
law, a licensed, non-motorized recreational vehicle dealer shall add and
collect the tax required under this subdivision and remit the tax to the tax
administrator under the provisions of chapters 18 and 19 of this title.
Provided, that when a Rhode Island licensed, non-motorized recreational
vehicle dealer is required to add and collect the sales and use tax on the
sale of a non-motorized recreational vehicle to a bona fide nonresident as
provided in this section, the dealer in computing the tax takes into
consideration the law of the state of the nonresident as it relates to the
trade-in of motor vehicles. (ii) The tax administrator, in addition to
the provisions of §§ 44-19-27 and 44-19-28, may require any licensed,
non-motorized recreational vehicle dealer to keep records of sales to bona
fide nonresidents as the tax administrator deems reasonably necessary to
substantiate the exemption provided in this subdivision, including the
affidavit of a licensed, non-motorized recreational vehicle dealer that the
purchaser of the non-motorized recreational vehicle was the holder of, and
had in his or her possession a valid out-of-state non-motorized recreational
vehicle registration or a valid out-of-state driver's license. (iii) Any nonresident who registers a
non-motorized recreational vehicle in this state within ninety (90) days of
the date of its sale to him or her is deemed to have purchased the
non-motorized recreational vehicle for use, storage, or other consumption in
this state, and is subject to, and liable for, the use tax imposed under the
provisions of § 44-18-20. (iv) "Non-motorized recreational
vehicle" means any portable dwelling designed and constructed to be used
as a temporary dwelling for travel, camping, recreational, and vacation use
that is eligible to be registered for highway use, including, but not limited
to, "pick-up coaches" or "pick-up campers," "travel
trailers," and "tent trailers" as those terms are defined in
chapter 1 of title 31. (55) Sprinkler and fire alarm systems
in existing buildings. - From the sale in this state of sprinkler and fire
alarm systems; emergency lighting and alarm systems; and the materials
necessary and attendant to the installation of those systems that are
required in buildings and occupancies existing therein in July 2003 in order
to comply with any additional requirements for such buildings arising
directly from the enactment of the Comprehensive Fire Safety Act of 2003 and
that are not required by any other provision of law or ordinance or
regulation adopted pursuant to that Act. The exemption provided in this
subdivision shall expire on December 31, 2008. (56) Aircraft. - Notwithstanding the
provisions of this chapter, the tax imposed by §§ 44-18-18 and 44-18-20 shall
not apply with respect to the sale and to the storage, use, or other
consumption in this state of any new or used aircraft or aircraft parts. (57) Renewable energy products. -
Notwithstanding any other provisions of Rhode Island general laws, the
following products shall also be exempt from sales tax: solar photovoltaic
modules or panels, or any module or panel that generates electricity from
light; solar thermal collectors, including, but not limited to, those
manufactured with flat glass plates, extruded plastic, sheet metal, and/or
evacuated tubes; geothermal heat pumps, including both water-to-water and
water-to-air type pumps; wind turbines; towers used to mount wind turbines if
specified by or sold by a wind turbine manufacturer; DC to AC inverters that
interconnect with utility power lines; and manufactured mounting racks and
ballast pans for solar collector, module, or panel installation. Not to
include materials that could be fabricated into such racks; monitoring and
control equipment, if specified or supplied by a manufacturer of solar
thermal, solar photovoltaic, geothermal, or wind energy systems or if required
by law or regulation for such systems but not to include pumps, fans or
plumbing or electrical fixtures unless shipped from the manufacturer affixed
to, or an integral part of, another item specified on this list; and solar
storage tanks that are part of a solar domestic hot water system or a solar
space heating system. If the tank comes with an external heat exchanger it
shall also be tax exempt, but a standard hot water tank is not exempt from
state sales tax. (58) Returned property. - The amount
charged for property returned by customers upon rescission of the contract of
sale when the entire amount exclusive of handling charges paid for the
property is refunded in either cash or credit, and where the property is
returned within one hundred twenty (120) days from the date of delivery. (59) Dietary Supplements. - From the
sale and from the storage, use, or other consumption of dietary supplements
as defined in § 44-18-7.1(l)(v), sold on prescriptions. (60) Blood. - From the sale and from
the storage, use, or other consumption of human blood. (61) Agricultural products for human
consumption. - From the sale and from the storage, use, or other consumption
of livestock and poultry of the kinds of products that ordinarily constitute
food for human consumption and of livestock of the kind the products of which
ordinarily constitutes fibers for human use. (62) Diesel emission control
technology. - From the sale and use of diesel retrofit technology that is
required by § 31-47.3-4. (63) Feed for certain animals used in
commercial farming. - From the sale of feed for animals as described in §
44-18-30(61). (64) Alcoholic beverages. - From the
sale and storage, use, or other consumption in this state by a Class A
licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer
and malt beverages from December 1, 2013, through June 30, 2015; provided,
further, notwithstanding § 6-13-1 or any other general or public law to the
contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be
subject to minimum markup from December 1, 2013, through June 30, 2015. |
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359) |
Section |
Amend Chapter Numbers: |
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44-25-2 |
173 and 194 |
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44-25-2.
Exemptions. -- (a) The tax imposed
by this chapter does not apply to any instrument or writing given to secure a
debt. (b) The tax imposed by this chapter
does not apply to any deed, instrument, or writing wherein the United States,
the state of (c) The tax imposed by this chapter
does not apply to any deed, instrument, or writing (d) The qualified sale of a mobile or
manufactured home community to a resident-owned organization as defined in §
31-44-1 is exempt from the real estate conveyance tax imposed under this
chapter. (e) No transfer tax or fee shall be
imposed by a land trust or municipality upon the acquisition of real estate
by the state of Rhode Island or any of its political subdivisions. |
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360) |
Section |
Amend Chapter Numbers: |
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45-3-8 |
260 and 275 |
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45-3-8.
Clerk's warrant giving notice. --
The notice to the electors to meet in a town meeting, prescribed by law,
shall be given by the town clerk issuing his or her warrant, directed to the
town sergeant or one of the town constables of the town, or in the
event that the town sergeant or a town constable is not available, to
any elector of that town designated by the town or city clerk, requiring him
or her to post, at least seven (7) days before the day appointed for the
meeting, written notifications in three (3) or more public places in the
town, of the time when and place where the meeting is to be held and of the
business required by law to be transacted. |
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361) |
Section |
Amend Chapter Numbers: |
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45-3-19 |
260 and 275 |
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45-3-19.
Disorderly conduct at meeting. --
If any person conducts himself or herself in a disorderly manner in any town,
representative district, or voting district meeting, the moderator may order
that person to withdraw from the meeting; and, on the person's refusal, may
order the town sergeant, or any town constable present, or any other
persons, to take him or her from the meeting and to confine him or her in
some convenient place until the meeting is adjourned. The person refusing to
withdraw shall, for each offense, be fined not exceeding twenty dollars
($20.00). |
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362) |
Section |
Amend Chapter Numbers: |
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45-5-10 |
260 and 275 |
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45-5-10.
Fees for licenses and commissions issued to officers. -- Town councils and city councils are authorized to
charge and collect for licenses and commissions issued to officers elected or
appointed by them, fees that the town and city councils, respectively, fix by
ordinance or resolution; provided, that the license fee for appointment of town
constable with power to serve civil process in accordance with § 9-5-10.1
is not less than five dollars ($5.00) and not more than twenty-five dollars
($25.00). |
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363) |
Section |
Amend Chapter Numbers: |
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45-12-33 |
141, article 8; and 141, article 14 |
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45-12-33. Borrowing for road and bridge projects financed through the "municipal road and bridge revolving fund". -- (a) In addition to other authority previously granted, during calendar year 2014 a city or town may authorize the issuance of bonds, notes, or other evidences 34 of indebtedness to evidence loans from the municipal road and bridge revolving fund administered by the Rhode Island Clean Water Finance Agency Rhode Island infrastructure bank in accordance with chapter 18 of title 24 of the general laws. (b) These bonds, notes, or other evidences of indebtedness are subject to the maximum aggregate indebtedness permitted to be issued by any city or town under § 45-12-2. (c) The denominations, maturities, interest rates, methods of sale, and other terms, conditions, and details of any bonds or notes issued under the provisions of this section may be fixed by resolution of the city or town council authorizing them, or if no provision is made in the resolution, by the treasurer or other officer authorized to issue the bonds, notes or evidences of indebtedness; provided, that the payment of principal shall be by sufficient annual payments that will extinguish the debt at maturity, the first of these annual payments to be made not later than three (3) years, and the last payment not later than twenty (20) years after the date of the bonds. The bonds, notes, or other evidences of
indebtedness may be issued under this section by any political subdivision without obtaining
the approval of its electors, notwithstanding the provisions of §§ 45-12-19 and 45-12-20 and
notwithstanding any provision of its charter to the contrary. |
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364) |
Section |
Amend Chapter Numbers: |
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45-16-4.1 |
260 and 275 |
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45-16-4.1. License and bond of town constables. -- All town constables, except
police and special constables as provided for in this |
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365) |
Section |
Amend Chapter Numbers: |
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45-16-4.2 |
260 and 275 |
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45-16-4.2. Action on bond of constables. -- Any person injured by the breach
of the bond of any town |
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366) |
Section |
Amend Chapter Numbers: |
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45-16-4.3 |
260 and 275 |
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45-16-4.3. Service of process by constables. -- The |
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367) |
Section |
Repeal Chapter Numbers: |
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45-16-4.4 |
260 and 275 |
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45-16-4.4. [Repealed]. |
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368) |
Section |
Amend Chapter Numbers: |
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45-16-4.5 |
260 and 275 |
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45-16-4.5. Immunity. -- No town constable, while
serving or executing any process or writ issued by or returnable to the |
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369) |
Section |
Amend Chapter Numbers: |
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45-16-5 |
260 and 275 |
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45-16-5. Liability for neglect in serving process.
-- Every
town sergeant or town constable who neglects or refuses to serve any |
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370) |
Section |
Amend Chapter Numbers: |
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45-16-6 |
260 and 275 |
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45-16-6. Aid and assistance in execution of office.
-- Every
town sergeant and town constable, in the due execution of his or her
office, may command all necessary aid and assistance in the execution of his
or her office; and every person who, when so required, refuses or neglects to
give aid and assistance, shall be fined not exceeding twenty dollars
($20.00). |
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371) |
Section |
Amend Chapter Numbers: |
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45-16-8 |
260 and 275 |
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45-16-8. Election of special town constables. -- Every town council may elect for
any amount of time, not exceeding one year, that they may determine, one or
more special town |
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372) |
Section |
Amend Chapter Numbers: |
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45-16-9 |
260 and 275 |
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|
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45-16-9. Attendance of special town constables at
schools or meetings. -- A special town constable shall, upon the
request of any |
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373) |
Section |
Amend Chapter Numbers: |
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45-16-10 |
260 and 275 |
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45-16-10. Employment of special town constables by
steamboat companies and railroads. -- A special town constable shall |
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374) |
Section |
Amend Chapter Numbers: |
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45-16-11 |
260 and 275 |
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45-16-11. Disqualification of sergeant or town
constable from serving process. -- Whenever complaints, in writing, are made to the |
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375) |
Section |
Amend Chapter Numbers: |
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45-16-12 |
260 and 275 |
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45-16-12.
Penalty for serving process after disqualification -- Exemption from
liability for refusal to serve. --
(a) Any town sergeant or town constable who, being disqualified and
debarred from serving or executing any writ or process returnable to any (b) Any town sergeant or town
constable, while disqualified and |
|
376) |
Section |
Amend Chapter Numbers: |
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45-16-13 |
260 and 275 |
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45-16-13. Removal of town constables from office. -- Any town constable, except
a constable elected by the electors of any town or city, may be removed for
cause from office at any time by the town council or other body appointing
him or her, after notice, in writing, to the town constable of the
charges against him or her and an opportunity given him or her for a
hearing. |
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377) |
Section |
Amend Chapter Numbers: |
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45-16-14 |
260 and 275 |
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|
|
45-16-14.
Unauthorized services of process. --
Any individual who serves, or attempts to serve, any writ or legal process
for any court of this state, other than deputy sheriffs, and those |
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378) |
Section |
Amend Chapter Numbers: |
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45-23-63.1 |
103 and 114 |
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45-23-63.1.
Procedure -- Tolling of expiration periods. -- (a) Notwithstanding any other provision set forth
in this chapter, all periods pertaining to the expiration of any approval
issued pursuant to the local regulations promulgated under this chapter shall
be tolled until (b) Said tolling need not be recorded
in the land evidence records to be valid; however, a notice of the tolling
must be posted in the municipal planning department and near the land
evidence records. (c) The tolling shall apply only to
approvals or permits in effect on November 9, 2009, and those
issued between November 9, 2009, and (d) The expiration dates for all
permits and approvals issued before the tolling period began will be
recalculated as of |
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379) |
Section |
Amend Chapter Numbers: |
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45-24-53 |
251 and 274 |
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|
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45-24-53.
Adoption -- Notice and hearing requirements. -- (a) No zoning ordinance shall be adopted, repealed,
or amended until after a public hearing has been held upon the question
before the city or town council. The city or town council shall first give
notice of the public hearing by publication of notice in a newspaper of
general circulation within the city or town at least once each week for three
(3) successive weeks prior to the date of the hearing, which may include the
week in which the hearing is to be held, at which hearing opportunity shall
be given to all persons interested to be heard upon the matter of the
proposed ordinance. Written notice, which may be a copy of the newspaper
notice, shall be mailed to the statewide planning program of the department
of administration, and, where applicable, to the parties specified in
subsections (b), (c), (d), and (e) of this section, at least two (2) weeks
prior to the hearing. The newspaper notice shall be published as a display
advertisement, using a type size at least as large as the normal type size
used by the newspaper in its news articles, and shall: (1) Specify the place of the hearing
and the date and time of its commencement; (2) Indicate that adoption, amendment,
or repeal of a zoning ordinance is under consideration; (3) Contain a statement of the proposed
amendments to the ordinance that may be printed once in its entirety, or
summarize and describe the matter under consideration as long as the intent
and effect of the proposed ordinance is expressly written in that notice; (4) Advise those interested where and
when a copy of the matter under consideration may be obtained or examined and
copied; and (5) State that the proposals shown on
the ordinance may be altered or amended prior to the close of the public
hearing without further advertising, as a result of further study or because
of the views expressed at the public hearing. Any alteration or amendment
must be presented for comment in the course of the hearing. (b) Where a proposed general amendment
to an existing zoning ordinance includes changes in an existing zoning map,
public notice shall be given as required by subsection (a) of this section. (c) Where a proposed amendment to an
existing ordinance includes a specific change in a zoning district map, but
does not affect districts generally, public notice shall be given as required
by subsection (a) of this section, with the additional requirements that: (1) Notice shall include a map showing
the existing and proposed boundaries, zoning district boundaries, (2) Written notice of the date, time,
and place of the public hearing and the nature and purpose of the hearing
shall be sent to all owners of real property whose property is located in or
within not less than two hundred feet (200') of the perimeter of the area
proposed for change, whether within the city or town or within an adjacent
city or town. Notice shall also be sent to any individual or entity holding a
recorded conservation or preservation restriction on the property that is the
subject of the amendment. The notice shall be sent by registered, (d) Notice of a public hearing shall be
sent by (1) (2) Where there is a public or
quasi-public water source, or private water source that is (e) Notice of a public hearing shall be
sent to the governing body of any state or municipal water department or
agency, special water district, or private water company that has riparian
rights to a surface water resource and/or surface watershed that is (f) Notwithstanding any of the
requirements set forth in subsections (a) through (e) above, each
municipality shall establish and maintain a public notice registry allowing
any person or entity to register for electronic notice of any changes to the
zoning ordinance. The city or town shall provide public notice annually of
the existence of the electronic registry by publication of notice in a
newspaper of general circulation within the city or town. In addition, each
municipality is hereby encouraged to provide public notice of the existence
of the public notice registry in all of its current and future communications
with the public, including, but not limited to, governmental websites,
electronic newsletters, public bulletins, press releases and all other means
the municipality may use to impart information to the local community. (1) Provided, however, notice pursuant
to a public notice registry as per this (g) No defect in the form of any notice
under this section shall render any ordinance or amendment invalid, unless
the defect is found to be intentional or misleading. (h) Costs of any notice required under
this section shall be borne by the applicant. (i) In granting a zoning ordinance
amendment, notwithstanding the provisions of § 45-24-37, the town or city
council may limit the change to one of the permitted uses in the zone to (j) The above requirements are to be
construed as minimum requirements. |
|
380) |
Section |
Amend Chapter Numbers: |
|
|
45-24-61.1 |
103 and 114 |
|
|
|
45-24-61.1.
Procedure -- Tolling of expiration periods. -- (a) Notwithstanding any other provision set forth
in this chapter, all periods pertaining to the expiration of any approval
issued pursuant to the local ordinances promulgated under this chapter shall
be tolled until (b) Said tolling need not be recorded
in the land evidence records to be (c) The tolling shall apply only to
approvals or permits in effect on November 9, 2009, and those
issued between November 9, 2009, and (d) The expiration dates for all
permits and approvals issued before the tolling period began will be
recalculated as of |
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381) |
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45-24.5-6 |
212 and 229 |
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45-24.5-6.
Connections to existing sanitary sewer lines from facilities across city and
town lines. -- Notwithstanding
any other state or local law or regulation to the contrary, those facilities
in the state of Rhode Island, except for communities on Aquidneck Island,
that currently discharge wastewater from an on-site wastewater treatment and
disposal system that do not have reasonable access to an available sewer
within the city or town where the property is located, are hereby authorized
to construct, use, operate, maintain, and repair a sanitary sewer line
(and any necessary pump or lift station equipment) connecting to a
neighboring city or town sanitary sewer line in lieu of continuing to utilize
their existing on-site wastewater treatment and disposal, upon the following
conditions: (1) The construction, use, operation,
maintenance, and repair of such sanitary sewer line shall be subject
to the issuance of all required state approvals, permits, and
licenses; and local approvals, permits, and licenses to the
extent such local approvals, permits and licenses are not inconsistent
with the foregoing authorization; (2) The neighboring city or town
sanitary line is in closer proximity to the property than the city or town
sanitary line wherein the property is located; (3) The cost to connect to the
in-city or in-town sanitary sewer line is significantly greater than
connection to the neighboring city or town sanitary sewer line closest to the
subject property; (4) The neighboring city or town
sanitary sewer line has capacity, as determined by the host sewer
authority to accept the additional flow; and (5) Not allowing the connection would
result in a potential or continuing environmental detriment. |
|
382) |
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45-58-3 |
77 and 90 |
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45-58-3. Statement of purpose. -- This chapter is intended to: (1) |
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383) |
Section
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46-23-6.3 |
103 and 114 |
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46-23-6.3.
Tolling of expiration periods. --
(a) Notwithstanding any other provision set forth in this chapter, all
periods pertaining to the expiration of any approval or permit issued
pursuant to any state statute or any regulation promulgated thereto
pertaining to the development of property shall be tolled until (b) Said tolling need not be recorded
in the land evidence records to be valid, however, a notice of the tolling
must be posted in the municipal planning department and near the land
evidence records. (c) The tolling shall apply only to
approvals or permits in effect on November 9, 2009, and those
issued between November 9, 2009, and (d) The expiration dates for all
permits and approvals issued before the tolling period began will be
recalculated as of |
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557) |
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558) |
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559) |
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560) |
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561) |
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562) |
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563) |
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564) |
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565) |
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566) |
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567) |
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568) |
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569) |
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570) |
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571) |
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572) |
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573) |
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574) |
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575) |
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576) |
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577) |
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578) |
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579) |
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580) |
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581) |
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582) |
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583) |
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584) |
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585) |
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586) |
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587) |
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588) |
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589) |
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590) |
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591) |
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592) |
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593) |
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594) |
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595) |
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596) |
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597) |
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598) |
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599) |
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600) |
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601) |
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602) |
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603) |
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604) |
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605) |
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606) |
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607) |
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608) |
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609) |
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610) |
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611) |
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612) |
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613) |
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614) |
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615) |
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616) |
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617) |
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618) |
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619) |
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620) |
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621) |
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622) |
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623) |
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624) |
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625) |
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626) |
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627) |
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628) |
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629) |
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630) |
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631) |
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632) |
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633) |
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634) |
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635) |
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636) |
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637) |
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638) |
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639) |
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640) |
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641) |
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642) |
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643) |
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644) |
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645) |
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646) |
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647) |
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648) |
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649) |
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650) |
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651) |
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652) |
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653) |
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654) |
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655) |
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656) |
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657) |
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658) |
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659) |
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660) |
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661) |
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662) |
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663) |
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664) |
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665) |
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666) |
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667) |
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668) |
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669) |
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670) |
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671) |
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672) |
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673) |
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674) |
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675) |
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676) |
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677) |
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678) |
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679) |
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680) |
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681) |
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682) |
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683) |
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684) |
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685) |
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686) |
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687) |
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688) |
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689) |
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690) |
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691) |
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692) |
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693) |
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694) |
Section |
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695) |
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696) |
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697) |
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698) |
Section |
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699) |
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700) |
Section |
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701) |
Section |
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702) |
Section |
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703) |
Section |
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704) |
Section |
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705) |
Section |
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706) |
Section |
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707) |
Section |
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708) |
Section |
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709) |
Section |
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710)) |
Section |
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711) |
Section |
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712) |
Section |
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713) |
Section |
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714) |
Section |
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715) |
Section |
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716) |
Section |
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717) |
Section |
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718) |
Section |
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719) |
Section |
Chapter Numbers: |
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720) |
Section |
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721) |
Section |
Chapter Numbers: |
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722) |
Section |
Chapter Numbers: |
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723) |
Section |
Chapter Numbers:
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724) |
Section |
Chapter Numbers: |
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725) |
Section |
Chapter Numbers: |
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726) |
Section |
Chapter Numbers: |
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727) |
Section |
Chapter Numbers: |
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728) |
Section |
Chapter Numbers: |
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729) |
Section |
Chapter Numbers: |
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730) |
Section |
Chapter Numbers: |
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|
731) |
Section |
Chapter Numbers: |
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|
732) |
Section |
Chapter Numbers: |
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733) |
Section |
Chapter Numbers: |
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734) |
Section |
Chapter Numbers: |
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735) |
Section |
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736) |
Section |
Chapter Numbers: |
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737) |
Section |
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738) |
Section |
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739) |
Section |
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740) |
Section |
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|
741) |
Section |
Chapter Numbers: |
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|
742) |
Section |
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743) |
Section |
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|
744) |
Section |
Chapter Numbers: |
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|
745) |
Section |
Chapter Numbers: |
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|
746) |
Section |
Chapter Numbers: |
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|
747) |
Section |
Chapter Numbers: |
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|
748) |
Section |
Chapter Numbers: |
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|
749) |
Section |
Chapter Numbers: |
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|
750) |
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751) |
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752) |
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753) |
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754) |
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755) |
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756) |
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757) |
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758) |
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759)) |
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760) |
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761) |
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762) |
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763) |
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764) |
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765) |
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766) |
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767) |
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768) |
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769) |
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770) |
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771) |
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772) |
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773) |
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774) |
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775) |
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776) |
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777) |
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778) |
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779 |
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780 |
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781 |
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782) |
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783) |
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784) |
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785) |
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786) |
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787) |
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788) |
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789) |
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790) |
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791) |
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792) |
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793) |
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794) |
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795) |
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796) |
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797) |
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798) |
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799) |
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800) |
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801) |
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802) |
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803) |
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804) |
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805) |
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806) |
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807) |
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808) |
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809) |
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810) |
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684) |
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689) |
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690) |
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691) |
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692) |
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694) |
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695) |
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696) |
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697) |
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698) |
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499) |
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500) |
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502) |
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503) |
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506) |
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507) |
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508) |
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509) |
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510) |
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) |
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) |
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