2017 Annual Report

Section

Amend Chapter Numbers:

1-7-1

220 and 320

1-7-1. Long-term air-quality-monitoring program.

(a) The Rhode Island airport corporation (RIAC) shall design, acquire, install, operate

and maintain a long-term air-quality-monitoring program in the vicinity of T.F. Green airport.

The corporation may hire a consultant to perform these tasks.

(b) The monitoring program shall provide for the monitoring of all of the following:

(1) Particulate matter, including only ~~PM 2.5,~~ particles less than 0.1 microns, and black

carbon.~~; and~~

(2) ~~Volatile organic compounds (VOC's), including, but not limited to: benzene, 1, 3~~

~~butadiene, and naphthalene; and carbonyls including, but not limited to, formaldehyde and~~

~~acetaldehyde; and~~

(3) ~~Polycyclic aromatic hydrocarbons, including those that are particulate bound and~~

~~semivolatiles.~~

(i) Include an implementation schedule for the components of the monitoring program set

forth in subsection (b); and

(ii) Assure the quality and meaningfulness of the monitoring data; and

(iii) Be set forth in a draft work plan developed, in consultation with the department of

environmental management and the department of health.

(2) The consultation with the department of environmental management and the

department of health shall include, but not be limited to:

(i) Ensuring that peer review is employed in the development of an air-quality-monitoring

strategy;

(ii) Providing the corporation with unbiased reviews of current, validated scientific

knowledge relevant to air-quality monitoring and public health impacts;

(iii) Assisting with the review of work plans and reports;

(iv) Evaluating and comparing the corporation's proposed methodologies, quality-

assurance procedures and monitoring criteria, with other relevant monitoring efforts mandated by

either state or federal law in order to ensure consistency and comparability among the

methodologies and criteria.

(d) The draft work plan and the final work plan shall describe and justify with reasonable

specificity all significant aspects of the monitoring program, including, but not limited to,: quality

assurance procedures and a description and justification of the number, type, and location of the

ambient air-quality monitors to be installed as part of the long-term monitoring program.,

~~provided that there shall be at a minimum, one monitor placed at each of the following locations:~~

~~North, South, East and West of the airport.~~ The ambient air-quality monitors shall be set up in a

network that shall include at least four (4) monitoring sites and shall be designed to measure air-

quality impacts from airport operations, including those associated with planes operating on the

extended runway and on neighborhoods adjacent to the airport facility, as well as at the Winslow

Park playing fields.

(e) Notwithstanding the consultation requirement, the draft work plan shall be submitted

to the department of environmental management and the department of health within ~~the~~ thirty

(30) days of the effective date of this section for review and comment, pursuant to chapter 35 of

title 42 ~~of the general laws~~. The departments shall provide comments within thirty (30) days of

receipt of the draft work plan. Following the departments' review and comment period, the draft

work plan shall be made available for review and comment by members of the general public,

and the air-quality-monitoring public advisory committee, established by this chapter, pursuant to

chapter 35 of title 42 ~~of the general laws~~. Adoption of the final work plan by the corporation shall

be in accordance with chapter 35 of title 42 ~~of the general laws~~. The final work plan shall be

submitted to the governor, the speaker of the house of representatives, and the president of the

senate by the corporation no later than October 30, 2007.

(f) The final work plan and all revised final work plans shall include a reasonable

evaluation of funding sources, such as federal grants, that may be available to the corporation to

cover some or all of the costs of the air-quality monitoring.

(g) Amendments to the final work plan may be proposed by the corporation in

consultation with the department of environmental management and the department of health on

or before March 30, 2009, and every March 30, thereafter. Amendments to the final work plan

may also be proposed by the department of environmental management, the department of health,

and/or the air-quality-monitoring public advisory committee on or before January 31, 2009, and

every January 31, thereafter. Any proposed amendments to the final work plan shall be available

for review and comment by members of the general public, and the air-quality-monitoring public

advisory committee established by this chapter, pursuant to chapter 35 of title 42 ~~of the general~~

~~laws~~. The purposes of proposed amendments to the final work plan are: (1) tTo allow the

corporation, in consultation with the department of environmental management and the

department of health, to consider any adaptations that may be indicated by the data collected from

the pervious year, including whether new monitoring technologies, methodologies, or criteria are

necessary; and (2) tTo make necessary adjustments to the program based on changes to state

and/or federal regulations. Any proposed amendments to the final work plan shall be incorporated

into a "revised [as of this date] final work plan" document, upon approval of the corporation, and

shall be submitted to the governor, the speaker of the house of representatives, and the president

of the senate by the corporation no later than January 1 of each year.

(h) Long-term air-quality monitors will be procured and in effect by December 30, 2007.

Interim monitoring shall be performed until such time as the long-term monitoring program is in

place, and the use of all data generated therefrom shall conform with the reporting requirements

set forth in § 1-7-6(b).

Section

Amend Chapter Numbers:

1-7-6

220 and 320

1-7-6. Reporting.

(a) The corporation shall provide the department of environmental management with an

inventory of greenhouse gas pollutants, including, but not limited to, carbon dioxide and methane, an annual inventory of sulfur dioxide, nitrogen oxides, and carbon monoxide. The

Inventories of data generated in the prior calendar year shall be reported to the department of

Environmental management on or before March 30, 2009, and every March 30 thereafter.

(b) Data generated from the permanent air-quality monitors shall be reported to the

department of environmental management and the department of health on at least a quarterly

basis and shall be used by the departments to continuously augment and update air-quality-

monitoring studies conducted by the departments.

department's findings, analysis, conclusions, and recommendations resulting from the data

generated by and from the permanent air-quality monitors (the "monitors"), as well as a summary

of the data collected from the monitors. The first such report shall be due on or before July 31,

2017, and on or before July 31 in 2018, 2019, and for any further year thereafter during which

data is collected and reported pursuant to the provisions of subsection (b) of this section. Copies

of these reports shall be provided by the required dates to the speaker of the house, the president

of the senate, the office of the governor, the office of the attorney general, and the offices of the

mayor and the city council of the city of Warwick.

Section

Amend Chapter Numbers:

1-7-9

220 and 320

1-7-9. Sunset provisions.

On or before January 31, 2017, and on or before January 31, 2018, and January 31, 2019,

thereafter, the department of environmental management, the department of health, and the

attorney general shall submit to the governor, the speaker of the house, and the president of the

senate, recommendations as to the continuation of the air monitoring required in this act and,

unless extended by the general assembly, the corporation's obligation to operate and maintain the

air monitoring system will cease on July 31, ~~2017~~ 2019.

Section

Amend Chapter Numbers

2-1-10

213 and 243

2-1-10. Inspection powers.

(a) For the purpose of conducting inspections, the director of environmental management

and the director of health, or any of his or her agents or deputies, have authority to enter, at any

reasonable time, any building, storehouse, warehouse, cold-storage plant, packing house,

stockyard, railroad yard, railroad car, or any other building or place where farm products are

produced, kept, stored, or offered for sale, or to enter upon any farm land for the purpose of

inspecting farm products.

(b) The director of the department of environmental management, through the division of

agriculture, shall continue to enforce the commercial growers of fruits and vegetables voluntary

food safety program developed by the Food and Drug Administration and the United States

Department of Agriculture known as Good Agricultural Practices (GAP), and shall enforce the

Food Safety Modernization Act as it pertains to commercial growers of fruits and vegetables.

Section

Amend Chapter Numbers

3-7-4.1

177 and 384

3-7-4.1. Holders of retail Class A licenses permitted to conduct wine, beer, and

distilled spirit samplings inside licensed premises.

Any holder of a Class A retail license shall be permitted to conduct at no charge to the

consumer, inside the premises of the licensee, sample tastings of wine (under 13% alcohol by

volume), beer (under 5.5% alcohol by volume), and distilled spirits available for purchase from

the licensee's outlet. These samples shall not exceed one-ounce servings of each wine, the number

of wines being limited to no more than four (4) products at any one tasting; and one-ounce

servings of each beer, with the number of beer samplings being limited to two (2) products at any

one tasting; and one-quarter-ounce servings (1/4 oz) of each distilled spirit, the number of

distilled spirits being limited to no more than two (2) products at any one tasting. Furthermore,

wine, beer, and distilled spirits samplings may not be conducted simultaneously on the same

Class A licensed premise. Each consumer shall be limited to no more than one sample tasting of

each product. The licensee may elect ~~on one occasion annually~~, between May 1st through May

15th of each calendar year and once during the month of November only, to serve unlimited

samples of wine products available for purchase from the licensee's outlet.

It shall be required that the licensee provide, at no charge to the consumer, food

samplings to be included with the tasting of all wine and beer. Those food samplings not

consumed during the tasting shall not thereafter be offered for sale.

The licensee shall control, without wholesaler or supplier participation, the dispensing of

all samples to prospective customers. The licensee may not hold more than ten (10) tasting events

in any thirty-day (30) period. It shall be required that the licensee provide to the dispenser(s) of

said wine and beer samples, training in the service of alcoholic beverages by a recognized

training provider of alcoholic beverage service.

Sampling events may not be promoted except on the licensed premises. It shall be

unlawful for any wholesaler, manufacturer, supplier, or any other person or entity to participate or

provide anything or any service of value on account of or in conjunction with any such sampling.

It shall be unlawful for any tasting, or combination of tastings, to exceed more than four (4) hours

from start to finish and must be conducted during the normal hours of business.

Section

Amend Chapter Numbers:

3-7-6.1

43 and 63

3-7-6.1. Renewal of Class B, Class C, Class D, Class J, Class N and Class P licenses.

(a) The holder of a Class B, Class C, Class D, Class J, Class N or Class P license who

applies before October 1, in any licensing period, for a license of the same class for the next

succeeding licensing period shall, prior to filing said application, demonstrate that he or she has

complied with the alcohol server training regulations, as promulgated by the department of

business regulation, as set forth in subsection (b) of this section.

(b) The department of business regulation shall promulgate rules and regulations

requiring that all licenses issued pursuant to this section meet the following minimum alcohol

server training regulations, requirements:

(1) All persons who sell or serve alcoholic beverages; anyone serving in a supervisory

capacity over those who sell or serve alcoholic beverages; anyone whose job description entails

the checking of identification for the purchase of alcoholic beverages; and valet parking staff

shall receive alcohol server training regulations, as set forth herein.;

(2) Any eligible employee of a licensee shall be required to complete certified training

within sixty (60) days of the commencement of his or her employment and must attain a

minimum score of seventy-five percent (75%). Provided, however, that the city of Pawtucket and

the town of Smithfield may require eligible employees to complete the certified training

program, prior to employment within the city or town. Individuals certified by an alcohol server

training program prior to December 31, 2005, are exempt from the certification requirements

herein, not to exceed three (3) years.;

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

(4) As a condition of license renewal, and as part of the license renewal application, each

licensee must submit to their municipality information verifying that all persons listed under

subsection (b)(1) of this section and employed by the licensee for more than sixty (60) days in the

past year have completed a certified program within the last three (3) years.;

(5) All persons identified under subsection (b) of this section must have their valid server

permits on the premises when engaged in the sale or service of alcoholic beverages.; and

(6) Individuals who have been issued a server permit in another jurisdiction by an

approved Rhode Island alcohol server training program shall be determined to be in compliance

with this section subject to the three-year (3) limitation contained herein.

by the ~~behavioral healthcare, developmental disabilities and healthcare~~ department of business

regulation may be eligible for certification:

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

limited to:

(i) The physiological effects of alcohol;

(ii) Alcohol's association with social problems;

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

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

(v) Techniques in refusing service to intoxicated patrons.

(2) Training is provided in more than one medium including, but not limited to, video,

training manual, and/or role playing related to refusal of service to intoxicated drinkers.;

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

fraudulent identification; and

(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 (c) of this section, an

internet- or computer-based alcohol server training program shall be eligible for certification if

the following criteria are met:

(1) Training in all basic information, as outlined in subsection (c)(1) of this section, is

included in the program;

(2) Training in preventing sales to underage drinkers, including training in detection of

fraudulent identification, is included in the program; and

(3) Training program is designed to periodically verify that a trainee has reviewed and

obtained a working knowledge of information presented through the internet or computer training

program.

(e) (1) Testing procedures, test content, and grading procedures shall be approved by the

department of ~~behavioral healthcare, developmental disabilities and healthcare~~ business

regulation to ensure testing integrity and consistency with program requirements contained in

subsection (c) herein. The department of ~~behavioral healthcare, developmental disabilities and~~

~~healthcare~~ business regulation is authorized to audit, in a method it shall determine, any approved

server training program.;

(2) Training programs, pursuant to rules and regulations promulgated by the department

of ~~behavioral healthcare, developmental disabilities and healthcare~~ business regulation, shall be

recertified every three (3) years.; and

(3) Server permits shall be issued by the server training programs in a form approved by

the ~~behavioral healthcare, developmental disabilities and healthcare~~ department of business

regulation. 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 noncompliance as follows:

(1) Graduated penalties for licensees for violations within a three-year (3) period

beginning with an initial written warning for violations within a three-year (3) period for a first

violation; a written warning for a second violation; a fine not to exceed two hundred fifty dollars

($250) for a third violation or noncompliance; and a license suspension for subsequent

violations.;

(2) For violations within a three-year (3) period, graduated penalties for training

programs beginning with an initial written warning, a written warning for a second (2nd)

violation, and a suspension and/or decertification for a third (3rd) violation or for repeated

noncompliance. ~~The behavioral healthcare, developmental disabilities and healthcare may~~

~~forward complaints of violations to the department of business regulation.~~;

(3) For violations within a three-year (3) period, graduated penalties for servers

beginning with an initial written warning; a written warning for a second violation, and a loss of

server training certification for a third violation or noncompliance.; and

(4) Failure to have a valid server permit on their person shall not constitute a violation,

provided, proof of a valid permit is provided within ten (10) days thereof.

(g) In order to provide for uniformity, any enactment by any government body relating to

alcohol server training programs pertaining to Class B, Class C, Class D, Class J, Class N, and

Class P licenses, as provided for herein shall be by statute as enacted by the general assembly.

(h) The respective departments shall promulgate said regulations no later than October 1,

2005. The department of business regulation ~~behavioral healthcare, developmental disabilities~~

~~and healthcare~~ shall review and certify eligible alcohol server training programs no later than

January 1, 2006. The department of business regulation ~~behavioral healthcare, developmental~~

~~disabilities and healthcare~~ shall notify applicants of any deficiencies not later than December 1,

2005. All licensees shall be in compliance with said regulations within ninety (90) days of

January 1, 2006, or be subject to the penalties set forth herein.

Section

Amend Chapter Numbers:

3-7-19

3,4,76,446, and 463

3-7-19. Objection by adjoining property owners -- Proximity to schools and

churches.

(a) Retailers' Class B, C, N and I licenses, and any license provided for in § 3-7-16.8 of

this chapter, shall not be issued to authorize the sale of beverages in any building where the

owner of the greater part of the land within two hundred feet (200') of any point of the building

files with the body or official having jurisdiction to grant licenses his or her objection to the

granting of the license, nor in any building within two hundred feet (200') of the premises of any

public, private, or parochial school or a place of public worship. In the city of East Providence,

retailer's Class A licenses shall not be issued to authorize the sale of beverages in any building

within five hundred feet (500') of the premises of any public, private, or parochial school, or a

place of public worship.

(b) As used in this section, "private school" means any nonpublic institution of

elementary or secondary (K-12th grade) education, accredited or recognized as a private school

by the department of elementary and secondary education or the school committee of the city or

town having jurisdiction over private schools.

issued prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an

objection to, or disapproval of, the transfer of a Class B or C license where the location of the

licensed establishment predates the location of the public, private, or parochial school, or place of

public worship.

(d) (1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B, C, or I license intended to be located within the following

described area(s) in the city of Providence:

(A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

Thence turning and running northerly along the westerly shore line of the Providence

River to its intersection with the southerly line of Crawford Street;

Thence running northwesterly across Dyer Street to the intersection of the westerly line

of Dyer Street to the southerly line of Custom House Street;

Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

(B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

Thence running in a general westerly direction along the northerly line of Wickenden

Street to the intersection of Wickenden Street and Benefit Street;

Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

(2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102') to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9') along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

Thence turning and running in a southwesterly direction one hundred and twelve feet

(112') to Courthouse Street; and

Thence turning and running in a generally northwesterly direction along Courthouse

Street for a distance of ninety feet (90') to the point and place of beginning.

(3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within any zoning district in

the town of Warren which is designated as a limited business district or as a general business

district pursuant to the zoning ordinance of the town of Warren.

(4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of

the Bristol tax assessors map as of December 31, 1999, including that portion of the public

sidewalk contiguous to said lot.

(5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section

as to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance

of the city of Newport, provided that the applicant be an existing holder of a Retailers' Class B

license.

(6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on lot 131 of tax assessors

plat 68 of the Providence tax assessors map as of December 31, 1999 and any proposed retailer

Class B license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed

retailer class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

(7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat

9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city

of Cranston under this exemption, whether said transfer is attributable to the holder's death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13,

2003 and, in addition, those requirements applicable to anyone who desires to become a

transferee of a validly issued and outstanding Class B license designated for use in any location in

the state of Rhode Island. Neither the exemption granted herein nor any future exemption granted

hereafter shall be effective until the proposed Class B license and the underlying property owner

is certified to be current in the payment of any and all local and state taxes.

(8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following

described area in the city of Pawtucket:

Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way,

then northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to

the Central Falls line.

(9) Notwithstanding the provisions of this section the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

(10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax

assessors plat 10 of the Bristol tax assessors map as of December 31, 2007.

(11) Notwithstanding the provisions of this section the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall

apply only to any renewal of any class B, C, or I license issued for use at the said premises

located on plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then

this exemption is hereby repealed in its entirety.

(12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of

the applicable city of Providence tax assessment map.

(13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this

section a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181,

lot 1A.

(14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 68, lot

732.

(15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 105, lot 489, plat

105, lot 12 and plat 32, lot 232 of the applicable city of Providence tax assessment map.

(16) Notwithstanding the provisions of this section the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

(17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 37, lot 69 of the

applicable town of Portsmouth tax assessment map.

(18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

(19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on Plat 11, lot 3558 of the

applicable city of Cranston tax assessment map.

(20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any

Class B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax

assessors map as of December 31, 2012.

(21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of

the applicable city of Cranston tax assessment map as of December 31, 2012.

(22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 43, lot

211.

(23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

(24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

(25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 1948-1950 Westminster

Street on plat 35, lot 359 of the applicable city of Providence tax assessment map.

(26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer's Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown's tax assessor's maps as of December 31, 2014.

(27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the

applicable city of Providence tax assessor's map.

(28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV license intended to be located at 226 and 230 Dean

Street on plat 25, lot 44 of the applicable city of Providence tax assessment map.

(29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 219 Main Street on

map/lot 085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

(30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 137 Main Street on

map/lot 085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-

003-084; 74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241

Main Street on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street

on map/lot 085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town

of East Greenwich tax assessment map.

(31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on tax assessor's plat 10, lot 108, of

the Lincoln tax assessor's map as of December 31, 2015.

(32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class C license intended to be located at 215 Dean Street on plat

28, lot 961 of the applicable city of Providence tax assessment map.

(32) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 100-102 Hope Street on

plat 16, lot 263 of the applicable city of Providence tax assessment map.

(34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 88 Broad Street on ~~on plat 2~~

~~lot 32, plat 2 lot 51 and plat 2 lot 52, of the~~ Lots 32, 51, and 52 of Plat 2 Cumberland tax

assessor’s map as of December 31, 2016 .

Section

Amend Chapter Numbers:

3-7-23

272 and 291

3-7-23. Closing hours for Class A licenses.

The following closing hours shall be observed by all Class A license holders:

(1) November 1 to May 31. No holder of a Class A license shall sell or deliver beverage

under that license between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m.

(local time), except on legal holiday eves at which time the closing hour shall be eleven o'clock

(11:00) p.m. In the city of Providence, no holder of a Class A license shall sell or deliver

beverages under that license between the hours of ten o'clock (10:00) p.m. and nine o'clock (9:00)

a.m. (local time), except on legal holiday eves at which time the closing hour shall be eleven

o'clock (11:00) p.m. When a legal holiday is celebrated on a Monday, the preceding Saturday

shall be considered the holiday eve.

(2) June 1 to October 31. No holder of a class A license shall sell or deliver beverages

under this license between the hours of eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m.

(local time). In the city of Providence, no holder of a Class A license shall sell or deliver

beverages under that license between the hours of eleven o'clock (11:00) p.m. and nine o'clock

(9:00) a.m. (local time).

Section

Amend Chapter Numbers:

3-7-27

182 and 364

3-7-27. Insurance requirements.

(a) In the town of Burrillville, an applicant for a license under this chapter shall file with

the application a certificate of insurance evidencing ~~comprehensive~~ commercial, general-liability

and property-damage coverage in the minimum amount of three hundred thousand dollars

($300,000) ~~for bodily or personal injury and one hundred thousand dollars ($100,000) for~~

~~property damage~~; or for a minimum amount to be set by ordinance. The certificate shall provide

that the insurance shall not be modified or cancelled unless ~~thirty (30) days~~ prior, advance notice

is given to the town of Burrillville and that the town of Burrillville is named as an additional

insured. A licensee must be insured by a carrier licensed in this state.

(b) In the town of North Providence, an applicant for a license under this chapter shall

file with the application a certificate of insurance evidencing ~~comprehensive~~ commercial,

general-liability, and property-damage coverage in the minimum amount of three hundred

thousand dollars ($300,000) ~~for bodily or personal injury and one hundred thousand dollars~~

~~($100,000) for property damage~~; or for a minimum amount to be set by ordinance. The certificate

shall provide that the insurance shall not be modified or cancelled unless prior, advance notice is

given to the town of North Providence, according to the terms of the insurance policy, and that

the town of North Providence is named as an additional insured. A licensee must be insured by a

carrier licensed in this state.

10)

Section

Add Chapter Numbers:

3-7-29

182 and 364

3-7-29. Liquor liability insurance.

Any applicant or holder of any retail license for the sale of alcoholic beverages issued

pursuant to this chapter, except those applicants for or holders of class F liquor licenses, and

except as provided in §3-7-27, shall file with the application a certificate of insurance evidencing

commercial, general-liability, and liquor-liability and property-damage coverage in the minimum

amount of three hundred thousand dollars ($300,000). Failure to maintain insurance as required

by this section, shall result in a revocation of the retail license unless the holder of the license

reinstates insurance coverage within forty-eight (48) hours of notice of revocation. The certificate

of insurance shall provide that the insurance shall not be modified or cancelled unless prior,

advance notice is given to the licensing authority.

11)

Section

Amend Chapter Numbers:

4-1-1

439 and 444

4-1-1. Definitions -- Responsibility for agents and employees.

(a) In this chapter and in §§ 4-4-9, 4-4-10, and 23-19-8:

(1) "Animal" and "animals" means every living creature except a human being.

(2) "Licensed graduate veterinarian" or "veterinarian" means a person licensed to engage

in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate of an

accredited veterinary medical, surgical, and dental school or college of a standard recognized by

the Rhode Island vVeterinary mMedical aAssociation; ~~and.~~

(3) "Owner", "person", and "whoever" means corporations as well as individuals.

(4) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses, has title to or an interest in, harbors, or has control, custody, or possession of an animal

and who is responsible for an animal's safety and well-being.

(5) Except for livestock as defined in ~~subsection~~ § 4-26-3(6), "adequate living conditions"

shall mean a sanitary environment ~~which~~ that is dry and free of accumulated feces and free of

debris and garbage that may clutter the environment, pose a danger, or entangle the animal. The

environment in which the animal is kept must be consistent with federal regulatory requirements,

where applicable, or generally recognized professional standards, where applicable, or otherwise

be of sufficient size so as not to inhibit comfortable rest, normal posture, or range of movement,

and suitable to maintain the animal in a good state of health. "Adequate living conditions" for

livestock as defined in ~~subsection~~ §4-26-3(6) shall mean best management practices established,

no later than July 1, 2014, by the Rhode Island livestock welfare and care standards advisory

council.

(6) Except for livestock as defined in §4-26-3, "hazardous accumulation of animals"

means the accumulation of a large number of animals, to a point where the owner, possessor, or

person having the charge of custody of the aforementioned animals fails to or is unable to provide

"adequate living conditions" as defined herein, resulting in harm or danger to the health and

wellbeing of the animals.

(b) The knowledge and acts of agents of and persons employed by corporations in regard

to animals transported, owned or employed by or in the custody of that corporation are held to be

the acts and knowledge of that corporation.

12)

Section

Amend Chapter Numbers:

4-1-3

439 and 444

4-1-3. Unnecessary cruelty.

(a) Every owner, possessor, or person having the charge or custody of any animal, who

cruelly drives or works that animal when unfit for labor; or cruelly abandons that animal; or who

carries that animal, or who fails to provide that animal with adequate living conditions as defined

in § 4-1-1; or who engages in the hazardous accumulation of animals as defined in §4-1-1, or

causes that animal, to be carried, in or upon any vehicle or otherwise, in a cruel or inhuman

manner; or willfully, intentionally, maliciously, recklessly, and/or knowingly authorizes or

permits that animal to be subjected to unnecessary torture, suffering, or cruelty of any kind; or

who places, or causes to have placed, on any animal any substance that may produce irritation or

pain or that is declared a hazardous substance by the U.S. fFood and dDrug aAdministration or by

the state department of health, shall be punished for each offense in the manner provided in § 4-1-

2. If the offense described in this section results in the death of the animal, the person shall be

punished in the manner provided in § 4-1-5. If any owner, possessor, or person having the charge

or custody of any animal ~~who~~ is found guilty of or pleads nolo contendere to a violation of this

section and said violation involves the hazardous accumulation of animals, the court shall, in

imposing a penalty under this section, take into account whether the defendant’s conduct could be

considered to be the result of a mental health disorder as defined in §27-38.2-2.

(b) The substances proscribed by subsection (a) do not include any drug having curative

and therapeutic effect for disease in animals and that is prepared and intended for veterinary use.

U.S. Department of Agriculture or the U.S. Public Health Service of the Department of Health and

Human Services shall be exempt from the provisions of subsection (a) provided that they are in

good standing with the federal agency responsible for licensing or assurance of the facility.

13)

Section

Amend Chapter Numbers:

4-1-22

439 and 444

4-1-22. Care of neglected animals by society -- Forfeiture of owner's rights – Expenses.

(a) An officer or agent of the Rhode Island Society for the Prevention of Cruelty to

Animals may lawfully take charge of any animal found abandoned or neglected or hazardously

accumulated as defined in §4-1-1, or that in the opinion of that officer or agent, is aged, maimed,

disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and

shall give notice to the owner, if known, or his or her agents, and may provide suitable care.

(b) Every owner or agent, upon conviction, plea of guilty, or plea of nolo contendere, of

abandonment, neglect, hazardous accumulation as defined in §4-1-1, or otherwise cruel treatment

of any animal taken charge of by the Rhode Island Society for the Prevention of Cruelty to

Animals under this section, forfeits the rights to ownership or control of that animal to the Society

for disposition in any manner deemed suitable for that animal.

Cruelty to Animals lawfully takes charge of any animal under this section, all reasonable

expenses for the care and treatment of the animal(s), while in the custody of the Society during

this time, shall be paid for by the owner, guardian, or his or her agent upon conviction, plea of

guilty, or plea of nolo contendere. The Society has the authority to commence a civil action for

damages against the owner or his or her agent thirty (30) days after a written demand for payment

of the expense of the suitable care of that animal has been sent and no payment has been received.

14)

Section

Amend Chapter Numbers:

4-1-26

337 and 358

4-1-26. Abandonment of animals.

(a) If any person having possession and/or control of an animal abandons that animal on a

street, road, highway or in a public place or on private property or from a motor vehicle, or in a

dwelling or any other building or structure without providing for the care of that animal, he or she

shall be punished in the manner provided in § 4-1-2 for each such offense. If this abandonment

results in the death of the animal, the person shall be punished in the manner provided in § 4-1-5.

Abandonment means the relinquishment of all right, title, claim, or possession of the animal with

the intention of not reclaiming it or resuming its ownership or possession.

(b) Any pound or animal shelter as defined under §4-19-2, shall deem abandoned any

animal impounded and not redeemed by its owner within ten (10) days of impoundment if such

animal is wearing identification. Any animal impounded and not wearing identification shall be

deemed abandoned if not redeemed by its owner within five (5) days of impoundment. Any

animal deemed abandoned shall become the property of the impounding agency and may be

adopted.

and notify the owner of the impounded animal, including scanning the animal for a microchip.

15)

Section

Amend Chapter Numbers:

4-1-42

439 and 444

4-1-42. Care of neglected animals by Department -- Forfeiture of owner's rights – Expenses.

(a) The director of environmental management, or any veterinarian employed by the

department of environmental management ("department"), may lawfully take charge of any

animal found abandoned or neglected or hazardously accumulated as defined in §4-1-1, or that, in

the opinion of the department, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for

the labor it is performing, or cruelly treated, and shall give notice to the owner, if known, or his or

her agents, and may provide suitable care.

(b) Every owner, guardian, or agent, upon conviction, entry of a guilty plea, or plea of

nolo contendere, of abandonment, neglect, hazardous accumulation as defined in §4-1-1, or

otherwise cruel treatment of any animal taken charge of by the department under this section,

forfeits the right to ownership or control of that animal to the department for disposition in any

manner deemed suitable for that animal.

reasonable expenses for the care and treatment of the animal(s), while in the custody of the

department during this time, shall be paid for by the owner, guardian, or his or her agent, upon

conviction, a plea of guilty or plea of nolo contendere. The department has the authority to

commence a civil action for damages against the owner or his or her agent thirty (30) days after

written demand for payment of the expense of the suitable care of that animal has been sent and

no payment received.

16)

Section

Amend Chapter Numbers:

4-13-1.3

11 and 28

4-13-1.3. Rabies control board.

(a) There shall be a rabies control board consisting of seven (7) people as follows:

(1) The director of the Rhode Island department of environmental management, or his or

her designee;

(2) The director of the Rhode Island department of health, or his or her designee;

(3) A Rhode Island licensed veterinarian, appointed by the governor, who is a member of

the Rhode Island Veterinary Medical Association;

(4) A livestock farmer, appointed by the governor, who is a member of the Rhode Island

Farm Bureau;

(5) A member of a recognized Rhode Island humane group (such as the Rhode Island

Society for Prevention of Cruelty to Animals), appointed by the governor;

(6) The state veterinarian, who shall serve as chairperson;

(7) A ~~member of the Rhode Island Animal Control Association,~~ person employed as an

animal control officer by a Rhode Island municipality, and who is recommended to serve on the

rabies control board by the league of cities and towns, and who is appointed by the governor.

(b) All appointments made under this section after April 20, 2006, shall be subject to the

advice and consent of the senate. The members of the board shall serve without compensation.

The board members from the departments of health and environmental management shall serve at

the discretion of their directors. The state veterinarian shall serve without term. Nongovernmental

members shall serve for a period of three (3) years and reappointments shall be made by the

governor with the advice and consent of the senate.

the original appointment, for the unexpired term only. Four (4) members of the board shall

constitute a quorum.

(d) Members of the board shall be removable by the governor pursuant to § 36-1-7 ~~of the~~

~~general laws~~ and for cause only. Removal solely for partisan or personal reasons unrelated to

capacity or fitness for the office shall be unlawful.

(e) The board may elect from among its members such other officers as ~~they~~ it deems

necessary.

(f) The director of the department of environmental management shall direct staff to

support the board within the constraints of available resources.

(g) 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, 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, 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 any legal

matters related to the authority of the board; a summary of any training courses held pursuant to

subsection (h); a briefing on anticipated activities in the upcoming fiscal year; and findings and

recommendations for improvements. The report shall be posted electronically as prescribed in §

42-20-8.2. The director of the department of administration shall be responsible for the

enforcement of this provision.

(h) Newly appointed and qualified members and new designees of ex officio members of

the board are required to complete a training course within six (6) months of their qualification or

designation. The course shall be developed by the chair of the board, approved by the board, and

conducted by the chair of the board. The board may approve the use of any board or staff

members or other individuals to assist with training. The course shall include instruction in the

following areas: chapters 13 of title 4, 46 of title 42, 14 of title 36 and 2 of title 38; and the

board's rules and regulations. The director of the department of administration shall, within ninety

(90) days of April 20, 2006, prepare and disseminate training materials relating to the provisions

of chapters 46 of title 42, 14 of title 36 and 2 of title 38.

17)

Section

Amend Chapter Numbers

4-13-42

187 and 265

4-13-42. Care of dogs.

(a) It shall be a violation of this section for an owner or keeper to:

(1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an

area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6') radius at

ground level.

(2) Tether a dog with a choke-type collar or prong-type collar.

(3) Keep any dog tethered for more than ten (10) hours during a twenty-four (24) hour

period or keep any dog confined in a pen, cage, or other shelter for more than fourteen (14) hours

during any twenty-four (24) hour period.

(4) Keep any dog outside either tethered, penned, caged, fenced, or otherwise confined

without access to an outdoor housing facility when the ambient temperature is beyond the

industry standard for the weather safety scale as set forth in the most recent adopted version of

the Tufts Animal Care and Condition Weather Safety Scale (TACC) if the dog is showing signs

of poor health due to the weather conditions.

(b) It shall be a violation of this section for an owner or keeper to fail to provide a dog

with adequate feed, adequate water, or adequate veterinary care as those terms are defined in § 4-

19-2; provided however, that adequate veterinary care may be provided by an owner using

acceptable animal husbandry practices.

Second and subsequent violations of this subsection can be considered a violation of § 4-1-2.

Each day of violation shall constitute a separate offense.

(d) The provisions of this section shall not apply:

(1) If the tethering or confinement is authorized for medical reasons in writing by a

veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is

provided;

(2) If tethering or confinement is authorized in writing by an animal control officer;

(3) To a training facility, grooming facility, commercial boarding kennel, pet shop

licensed in accordance with chapter ~~4-19~~ chapter 19 of this title, animal shelter, municipal pound,

or veterinary facility;

(4) To licensed hunters, field trial participants, or any person raising or training a gun dog

or hunting dog, provided that the licensed hunter or field trial hunt test participant is actively

engaged in hunting, training, or field trial hunt testing or is transporting the dog to or from an

event;

(5) To livestock farmers who use their dogs to protect their livestock from predators;

(6) To an exhibitor holding a class C license under the Animal Welfare Act-(7 U.S.C. §

2133) that are temporarily in the state; or

(7) To sled dog owners who are actively training their dogs to pull sleds in winter

conditions.

(e) Any person in violation of this section shall be imprisoned not exceeding eleven (11)

months, or fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or

both. Each day of violation shall constitute a separate offense.

(f) General agents or special agents of the Rhode Island Society for the Prevention of

Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in

cooperation with animal control officers.

18)

Section

Amend Chapter Numbers:

4-19-1

447 and 475

4-19-1. Purpose.

The purpose of this chapter is:

(1) To protect the owners of dogs and cats from the sale or use of stolen pets;

(2) To ensure that all warm-blooded, vertebrate animals, in the care of facilities licensed

or registered under this chapter, are provided humane care and treatment by regulating the

transportation, sale, purchase, housing, care, handling, and treatment of these animals by persons

or organizations engaged in transporting, handling, housing, and care of these animals;

(3) To ensure that animals confined in pet shops, kennels, animal shelters, auction

markets, breeding facilities, and pounds are provided humane care and treatment;

(4) To release for sale, trade, or adoption only those animals that appear to be free of

infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is

assured; and

(5) To ensure the spaying and neutering of dogs and cats that are adopted from a

releasing agency.

19)

Section

Amend Chapter Numbers:

4-19-2

447 and 475

4-19-2. Definitions.

As used in this chapter, chapter 13 of this title, and the regulations promulgated under this chapter:

(1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

sanitized receptacle, dish, or container.

(2) (3) "Adequate water" means a constant access to a sufficient supply of clean, fresh,

potable water provided in a sanitary manner and provided at suitable intervals for the species to

maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

(3) (2) "Adequate veterinary care" means care by a licensed veterinarian sufficient to prevent

the animal from experiencing unnecessary or unjustified physical pain or suffering.

(4) "Adopt" means when an adopting party voluntarily acquires and assumes

responsibility for an animal from a releasing agency that is properly licensed or registered by the

department.

(5) "Adopting party" means any person who enters into a contract acquiring an animal

from a releasing agency that is properly licensed or registered by the department.

(6) "Ambient temperature" means the temperature surrounding the animal.

(7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep,

goats, swine, and domestic fowl.

(8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar

facility, that is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals intended for adoption.

(9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

animals and that is owned, operated, or maintained by a duly incorporated humane society,

animal welfare society, society for the prevention of cruelty to animals, or other nonprofit

organization devoted to the welfare, protection, and humane treatment of animals.

(10) "Breeder" means a person engaged in the propagation of purebred or crossbred dogs

and/or cats for the purpose of improving and enhancing a breed recognized and registered by the

American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale

at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.

(11) "Broker" means any third party who arranges, delivers, or otherwise facilitates

transfer of ownership of animal(s), through adoption or fostering, from one party to another,

whether or not the party receives a fee for providing that service and whether or not the party

takes physical possession of the animal(s) at any point.

(12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds

animals for the purpose of selling or donating to another dealer or pet shop or research facility.

(13) "Director" means the director of environmental management of the state of Rhode

Island.

(14) "Dog officer" or "animal-control officer" means any person employed, contracted, or

appointed by the state, or any political subdivision of the state, for the purpose of aiding in the

enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats,

or other animals; the control of dogs, cats or other animals; or the seizure and impoundment of

dogs, cats, or other animals and includes any state or municipal peace officer, animal-control

officer, sheriff, constable, or other employee whose duties, in whole or in part, include

assignments that involve the seizure or taking into custody of any dog, cat, or other animal.

(15) "Euthanasia" means the humane destruction of an animal accomplished by a method

that involves instantaneous unconsciousness and immediate death or by a method that involves

anesthesia, produced by an agent that causes painless loss of consciousness and death during that

loss of consciousness.

(16) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses; has title to or an interest in; harbors or has control, custody, or possession of an animal

and who is responsible for an animal's safety and well-being.

(17) "Hobby breeder" means those persons whose regular occupation is not the breeding

and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not

exceed the limits set forth in § 4-25-1(4). Any person who sells at retail a number in excess of the

limits in the aforementioned section shall be considered a ~~pet shop~~ breeder.

(18) "Housing facility" means any room, building, or area used to contain a primary

enclosure or enclosures.

(19) "Kennel" means a place or establishment, other than a pound or animal shelter,

where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee.

(20) "Licensed releasing agency" means any animal shelter, animal-rescue, pound,

animal-control officer, or broker that is required to be licensed or registered with the director

pursuant to the provisions of this chapter and is so licensed or registered.

(21) "Neuter" means to surgically render a male dog or cat unable to reproduce.

(22) "Person" means any individual, partnership, firm, joint stock company, corporation,

association, trust, estate, or other legal entity.

(23) "Pet shop" means a temporary or permanent establishment where animals are

bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

not include an establishment or person whose total sales are the offspring of canine or feline

females maintained on their premises and sold from those premises and does not exceed the limits

set forth in § 4-25-1(4).

(24) "Pound" or "dog pound" means a facility operated by a state, or any political

subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under

a contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

(25) "Primary enclosure" or "enclosure" means the most proximal barrier to an animal

that will have the intended purpose or effect of containment of that animal or that will effectively

restrict the liberty of the animal.

(26) "Public auction" means any place or location where dogs or cats are sold at auction

to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a

group, or by weight.

(27) "Research facility" means any place, laboratory, or institution at which scientific

tests, investigations, or experiments, involving the use of living animals, are carried out,

conducted, or attempted.

(28) "Sanitize" means to make physically clean and to remove and destroy, to a practical

minimum, agents injurious to health.

(29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances,

the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.

(30) "Spay" means to surgically render a female dog or cat unable to reproduce.

(31) "State veterinarian" means a licensed veterinarian from the department of

environmental management.

20)

Section

Add Chapter Numbers:

4-19-5.1

447and 475

4-19-5.1. Breeder licenses.

No person shall act as a breeder, as defined in §4-19-2, unless in possession of a valid

license to operate as a breeder granted by the director. Application for that license shall be made

in the manner provided by the director. The license period is the state's fiscal year and the license

fee is one hundred dollars ($100~~.00~~) for each license period or partial period beginning with the

first day of the fiscal year.

21)

Section

Amend Chapter Numbers:

4-19-8

447 and 475

4-19-8. Denial of certificates of registration or licenses.

(a) A certificate of registration may be denied to any pound or animal shelter, rescue,

broker, and a license may be denied to any public auction, kennel, breeder, pet shop, or dealer or,

if granted, the certificate or license may be revoked by the director if, after a hearing, it is

determined that the housing facilities and/or primary enclosures are inadequate for the purposes

of this chapter or if the feeding, watering, sanitizing, and housing practices at the pound, animal

shelter, public auction, pet shop, or kennel are not consistent with the intent of this chapter or

with the intent of the rules and regulations that may be promulgated pursuant to the authority of

this chapter.

(b) Upon revocation of a certificate of registration, all animals in the possession of the

pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency

for disposition.

kennel, pet shop, breeder, or dealer must be disposed of by the former licensee in a manner

approved by the department. Such disposition must not be for profit and must occur in a

timeframe that is determined by the department. Inspectors from the department or from the

Rhode Island Society for the Prevention of Cruelty to Animals must have access to the facility

where the animals being housed by the former licensee are being held until disposition so that the

welfare of said animals can be assured.

22)

Section

Amend Chapter Numbers:

4-19-9

447 and 475

4-19-9. Operation as a pet shop, kennel, breeder or public auction without a license.

Any person who operates as a pet shop, kennel, breeder, or public auction without a

currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere, be

punished pursuant to § 4-19-11.3. Each day of operation shall constitute a separate offense.

Advertisement of services consistent with the operation of a pet shop, kennel, or public auction

shall be sufficient evidence of operation of a pet shop, kennel, breeder, or public auction as

applicable.

23)

Section

Amend Chapter Numbers:

4-19-12

447 and 475

4-19-12. Disposition of animals.

(a) Notwithstanding any provision of the general or public laws to the contrary, it shall be

unlawful to dispose of any animal by using a carbon monoxide chamber or gas chamber. All

animals that must be disposed of by a municipal pound or shelter, the humane society, an animal

shelter, rescue, pet shop, breeder, kennel, or any other entity that is required to be licensed or

registered under this chapter must be disposed of by lethal injection. In the event of an

emergency, if a licensed veterinarian cannot be secured without undue delay and, in the opinion

of the animal-control officer, animal-control administrator, approved humane investigator, animal

shelter employee, or agent of any other entity so required to be licensed under the provisions of

this chapter, the animal is so severely injured, diseased, or suffering in such a manner the animal

cannot otherwise be humanely destroyed in an expeditious manner, the animal may be destroyed

by shooting; provided, that:

(1) Maximum precaution is taken to minimize the animal's suffering and to protect other

persons and animals;

(2) The animal is restrained in a humane manner;

(3) Shooting is performed by highly skilled and trained personnel utilizing a weapon,

ammunition of suitable caliber, and other characteristics, and proper placement of the shot to

produce an instantaneous death by a single gunshot.

If any type of restraint or confinement is deemed necessary for the safety of those

involved, or for efficiency in euthanizing the animal, it must be done in the most humane way

possible to cause the least amount of additional stress to that animal.

(b) (1) No dog officer shall give or sell, or negotiate for the gift or sale, to a dealer or

research facility of any animal that may come into his or her custody in the course of carrying out

his or her official assignments.

(2) No dog officer shall be granted a dealer's license. Each application for a dealer's

license shall include a statement made under oath, that neither the applicant, nor any member or

employee of the firm, partnership, or corporation making application, is a dog officer within the

meaning of this chapter.

(3) A dog officer, or other licensed releasing agency, upon taking custody of any animal

in the course of his, her, or its official duties, shall immediately make a record of the matter in the

manner prescribed by the director and the record shall include a description of the animal,

including: color, breed, sex, reason for seizure, location of seizure, the owner's name and address

if known, and all license or other identification numbers if any. Complete information relating to

the disposition of the animal, including compliance with the provisions of §§ 4-19-16 and 4-19-

18 and any legal actions taken to uphold and enforce this law, shall be added in the manner

provided by the director immediately after disposition. The information shall be forwarded

monthly to the department of environmental management.

college, or university within the state.

24)

Section

Add Chapter Numbers:

4-19-22

144 and 188

4-19-22. Animal control officers.

(a) Effective January 1, 2019, no municipality shall employ any animal control officer

who has not received certification to be an animal control officer from the National Animal Care

& Control Association (NACA) or other equivalent organization as determined by the Rhode

Island sSociety for the pPrevention of cCruelty to aAnimals. All new hires will have a period of

twelve (12) months from date of hire to receive certification. All existing personnel employed as

animal control officers shall obtain their certification by January 1, 2019.

(b) The training and certification program required by subsection (a) of this section shall

incorporate instruction that shall meet NACA guidelines for certification, including, but not

limited to, the following criteria:

(1) Laws and regulations affecting animal control, animal welfare, and animal cruelty;

(2) Domestic and wild animal behavior;

(3) Handling and treatment of deceased or stray animals; and

(4) Emergency procedures and conflict resolution skills.

25)

Section

Amend Chapter Numbers:

5-6-10.1

122 and 137

5-6-10.1. Limited maintenance license.

A Certificate D shall be issued to municipalities, schools, hospitals, colleges, or other

non-manufacturing firms or establishments ~~who~~ that regularly employ one or more licensed

electricians (journeyperson/Class B or Class M) when the work performed by those individuals is

limited to the maintenance of electrical wiring, devices, appliances, and equipment on the

premises owned or occupied by the applicant. The ~~applicant~~ application must contain a

description of the premises within which work is to be done under the permit. All work must meet

electrical and municipal codes and must be permitted accordingly by the municipality.

26)

Section

Amend Chapter Numbers:

5-6-11

122 and 137

5-6-11. Certificate/license of burnerperson, fire alarm installer, electrical sign installers,

lightning- protection installers and renewable energy professionals.

(a) ~~Oil burnerperson's~~ Burnerperson's license. A Certificate F shall be granted to any

person who has passed an examination before the division of professional regulation. The

certificate shall specify the name of the person authorized to install, work on, and repair electric

wiring and equipment located in or on ~~oil~~ burners ~~burning fuel oil no heavier than No. 2,~~ and

other equipment serviced by ~~oil~~ burner contractors, to the extent only as is necessary to install,

service, maintain, and repair those ~~oil~~ burners and equipment. The license shall limit the holder of

a Certificate F to do work on electric wiring or equipment located ~~between the meter and~~ on those

~~oil~~ burners and equipment and related components, but in no event to do any electrical work on

oil burners burning No. 3, 4, 5, or 6 fuel oil.

(b) Fire alarm installer's license. A Certificate BF shall be granted to any person who has

passed an examination before the division of professional regulation. The certificate shall specify

the name of the person authorized to work on, install, maintain, and test fire alarm systems.

has passed an examination before the division of professional regulations. The certificate shall

specify the name of the person authorized to install, maintain, work on, and repair electrical signs.

(d) Lightning-protection installer's license. A Certificate LPI shall be granted to any

person who has passed an examination before the division of professional regulations. The

certificate shall specify the name of the person authorized to install, maintain, work on, and repair

lightning-protection systems as defined in § 5-6-1.

(e) Renewable energy professional's certificate. The Rhode Island department of labor

and training shall issue a certificate of competency in the design and installation of renewable

energy systems to any person, firm, or corporation who or that has received a certification from a

nationally recognized, or equivalent, renewable energy certification training program and has

demonstrated proof of such certification to the Rhode Island office of energy resources.

27)

Section

Amend Chapter Numbers:

5-6-16

122 and 137

5-6-16. License fees.

(a) All licenses issued by the division of professional regulation for master electricians,

all limited-license electricians, and all journeyperson electricians born in odd years shall expire

on the birthday of the individual qualifying for the license in odd years and all licenses of master

electricians, all limited-license electricians, and all journeyperson electricians born in even years

shall expire on the birthday of the individual qualifying for the license in even years and all

licenses may be renewed on or before their expiration date upon payment of the appropriate,

biennial renewal fee.

(b) A fee of two hundred forty dollars ($240) shall be paid by each applicant for an

electrical contractor's license Class A; seventy-two dollars ($72.00) for a journeyperson

electrician's license Class B; two hundred forty dollars ($240) for a limited premises license Class

C; two hundred forty dollars ($240) for ~~an oil~~ a burner contractor's license Class E; seventy-two

dollars ($72.00) for ~~an oil~~ a burnerperson's license Class F; two hundred forty dollars ($240) for a

fire alarm contractor's license Class AF; seventy-two dollars ($72.00) for a fire alarm installer's

license Class BF; two hundred forty dollars ($240) for an electrical sign contractor's license SCF;

seventy-two dollars ($72.00) for a sign installer's license Class CF; and two hundred forty dollars

($240) for a limited maintenance license Class D.

lightning-protection contractor's license Class LPC.

(d) A fee of seventy-two dollars ($72.00) shall be paid by each applicant for a lightning

protection installer's license LPI.

(e) A fee of seventy-two dollars ($72.00) shall be paid by each applicant for a sign

renovation electrical license.

28)

Section

Amend Chapter Numbers:

5-6-20.1

122 and 137

5-6-20.1. Mandatory continuing education.

(a) On or before January 1, 1996, the board of examiners of electricians shall, by

regulation, establish a mandatory continuing education program for all persons licensed under

this chapter. The program is designed to ensure current competency in each licensee's area of

certification and/or licensing.

(b) On and after January 1, 1997, no license under this chapter shall be renewed unless

the licensee demonstrates, in a manner prescribed by the board of examiners of electricians, that

he or she has successfully completed at least ~~(15)~~ fifteen (15) clock hours of continuing education

pursuant to and in compliance with the mandatory continuing education program established

under this section.

period shall be approved by the ~~Rhode Island building commissioner's office~~ board of examiners

of electricians. Course providers may include, but not be limited to, vocational schools,

association seminars, labor training programs, employee training programs and private instructors

or inspectors and must also be approved by the building commissioner's office. Instructors or

inspectors shall be Rhode Island licensed electrical contractors employed by or about to be

employed by the providers and be board approved. ~~Instructors or inspectors must attend a~~

~~preparation seminar held by the Rhode Island building commissioner's office to be approved.~~

~~That course shall be paid for by individuals attending the course.~~

(d) The mandatory continuing education requirement is limited to class A and class B

electricians.

(e) Out-of-state residents ~~that~~ who hold a Rhode Island electrical license are allowed to

submit a fifteen-~~(15)~~ hour (15) continuing education credit from their state if it meets the Rhode

Island requirements and their state recognizes the Rhode Island continuing education certificates;.

(f) Upon completion of the fifteen-~~(15)~~ clock-hour (15) course, an approved uniform

certificate of completion shall be issued. Licensees are required to submit this verification of

completion for license renewal. The continuing education credits shall be included in the

currently adopted edition of the National Electrical Code and the ~~Building Officials and Code~~

~~Administrators International, Inc. (BOCA)~~ International Code Council (ICC) national codes;.

(g) Only those approved instructors actually teaching a fifteen-clock-hour (15) course

shall be exempt from attending the fifteen-~~(15)~~ hour (15) course.

29)

Section

Amend Chapter Numbers:

5-6-24

122 and 137

5-6-24. Apprentices -- Registration fee.

(a) This chapter does not forbid the employment of one properly limited-registered

apprentice electrician working with and under the direct personal supervision of a licensed

journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) oOne

properly registered apprentice ~~oil~~ burnerperson working with and under the direct personal

supervision of a licensed ~~oil~~ burnerperson; (2) oOne properly registered apprentice fire alarm

installer working with and under the direct personal supervision of a licensed fire alarm installer;

or (3) tTwo (2) properly registered apprentice electrical sign ~~installer~~ installers working with and

under the direct personal supervision of a licensed electrical sign installer; (4) oOne properly

registered apprentice maintenance electrician working with and under the direct personal

supervision of a valid Class C or Class D license holder; or (5) one properly registered apprentice

lightning-protection installer working with and under the direct personal supervision of a licensed

lightning-protection installer (LPI). Apprentices are required to register with the division of

professional regulation initially upon payment of a fee of twenty dollars ($20.00) per year.

Apprentices are required to register with the division of professional regulation immediately upon

employment with a properly licensed electrical contractor or lightning-protection contractor.

(b) Indentured apprentice electricians are required to work a minimum of eight thousand

(8,000) hours over a period of time of not less than four (4) years and successfully complete one

hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship

program approved by the Rhode Island department of labor and training, to qualify for the

journeyperson "B" electrician examination; provided, however, apprentices may receive credit for

one hundred forty-four (144) hours of classroom training gained in a vocational school authorized

by the ~~board of~~ ~~regents for elementary and secondary~~ board of education and approved by the

Rhode Island department of labor and training apprenticeship council. Provided, that the test

applicant has possessed, for at least four (4) years prior to the filing of the application, a

certificate of registration in full force and effect from the department of labor and training of

Rhode Island specifying the person as an indentured apprentice, and the application of an

applicant is accompanied by an affidavit or affidavits of his or her employer or former employers

or other reasonably satisfactory evidence showing that the applicant has been actually engaged in

electrical work as an apprentice in Rhode Island during those four (4) years,; or the application is

accompanied by an affidavit or other reasonably satisfactory evidence showing that the applicant

has successfully completed a course of study in a recognized college or university and has

pursued a course of electrical technology for at least two (2) academic years or is the recipient of

an associate degree in electrical technology, and has thereafter been indentured by the department

of labor and training as an apprentice for at least two (2) years and employed as an indentured

apprentice by a duly licensed electrician master in this state for a period of two (2) years,; or a

showing that the applicant possesses a certificate of license issued under the laws of another state,

based on training equal to that required by the state of Rhode Island. Limited registered

apprentice electricians shall be required to work a minimum of four thousand (4,000) hours over a

period of time of not less than two (2) years.

thousand (6,000) hours over a period of time of not less than three (3) years and successfully

complete a one hundred forty-four (144) hours of related instruction per year in an indentured

apprenticeship program approved by the Rhode Island department of labor and training, to qualify

for the journeyperson "M" electrician examination. Provided, however, that the test applicant has

possessed for at least three (3) years prior to the filing of the application a certificate of

registration in full force and effect from the department of labor and training of Rhode Island

specifying the person as an indentured apprentice, and the application of an applicant is

accompanied by an affidavit or affidavits of his or her employer or former employers or other

reasonably satisfactory evidence showing that the applicant has been actually engaged in

electrical work as an apprentice in Rhode Island during those three (3) years. Class M

journeyperson electricians may qualify to take the journeyperson "B" electrician examination

upon registering as a fourth year apprentice and becoming employed by a properly licensed Class

A electrical contractor for that period of time.

(d) Apprentice lightning-protection installers are required to work a minimum of four

thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the

lightning-protection installer (LPI) examination. Provided, that the test applicant has possessed

for at least two (2) years prior to the filing of the application a certificate of registration in full

force and effect from the department of labor and training of Rhode Island specifying the person

as an apprentice lightning-protection installer, and the application of an applicant is accompanied

by an affidavit or affidavits of his or her employer or former employers or other reasonably

satisfactory evidence showing that the applicant has been actually engaged in lightning-protection

work as an apprentice during those two (2) years.

30)

Section

Amend Chapter Numbers:

5-6-32

302 (art. 13), 137, and 122; 432 and 407

5-6-32. Authority of director to assess penalty.

(a) The director may assess an administrative penalty on any person, firm, or corporation

for any violation of the provisions of this chapter, after notice and a hearing, before and upon the

recommendation of the board of examiners of electricians in the amount of ~~five hundred dollars~~

~~($500)~~ one thousand five hundred dollars ($1,500) for the first violation and ~~nine hundred fifty~~

~~dollars ($950)~~ two thousand dollars ($2,000) for a subsequent violation. All funds collected by

the labor and training department under this section shall be placed in the restricted receipts

account created pursuant to § 28-22-1.1. This section is in addition to any other action provided

by law for violations of this chapter.

(b) The chief of the section shall act as an investigator with respect to the enforcement of

all the provisions of law relative to the licensing of electricians and, to this effect, whenever a

complaint is made by the chief of the section to the director of the department of labor and

training or his or her designee that the provisions of this chapter are being violated, the director of

the department of labor and training or his or her designee may issue an order to cease and desist

from that violation and may impose the above penalties against the violator and against the

contractor.

5-6-32. Authority of director to assess penalty.

(a) The director may assess an administrative penalty on any person, firm, or corporation

for any violation of the provisions of this chapter, after notice and a hearing, before and upon the

recommendation of the board of examiners of electricians in the amount of five hundred dollars

($500) for the first violation and nine hundred fifty dollars ($950) for a subsequent violation.

Each individual person acting in violation of the provisions of this chapter shall constitute a

separate offense to any person, firm, or corporation assessed a penalty under this section. All

funds collected by the labor and training department under this section shall be placed in the

restricted receipts account created pursuant to § 28-22-1.1. This section is in addition to any other

action provided by law for violations of this chapter.

(b) The chief of the section shall act as an investigator with respect to the enforcement of

all the provisions of law relative to the licensing of electricians and, to this effect, whenever a

complaint is made by the chief of the section to the director of the department of labor and

training, or his or her designee, that the provisions of this chapter are being violated, the director

of the department of labor and training, or his or her designee, may issue an order to cease and

desist from that violation and may impose the above penalties against the violator and against the

contractor.

31)

Section

Amend Chapter Numbers:

5-10-8

38 and 62

5-10-8. Issuance of licenses -- Qualifications of applicants.

(a) The division shall issue licenses to persons engaged in, or desiring to engage in, the

practice of barbering, hairdressing and cosmetic therapy and/or manicuring or esthetics and for

instructing in any approved school of barbering or hairdressing and cosmetic therapy and

manicuring or esthetics; provided, that no license shall be issued to any person under this chapter

unless the applicant for the license:

(1) Is at least eighteen (18) years of age;

(2) Is a citizen of the United States of America or has legal entry into the country;

(3) Is of good moral character;

(4) Is a high school graduate or holds the equivalent or has twenty-five (25) or more years

of prior experience in the practice for which the license is sought;

(5) Has satisfactorily completed the course of instruction in an approved school of

barbering, hairdressing and cosmetic therapy and/or manicuring or esthetics;

(6) Has satisfactorily passed a written and a practical examination approved by the

division to determine the fitness of the applicant to receive a license; and

(7) Has complied with § 5-10-10 and any other qualifications that the division prescribes

by regulation.

(b) Notwithstanding the provision of subdivision (a)(4), on and after July 1, 1997, an

applicant seeking licensure as a barber must be a high school graduate or hold the equivalent

combination of education and experience.

individual who has been licensed as an esthetician, barber, cosmetologist, electrologist or

manicurist under the laws of another state, which, in the opinion of the division, maintains a

standard substantially equivalent to that of the state of Rhode Island.

32)

Section

Amend Chapter Numbers:

5-10-9

117 and 142

5-10-9. Classes of licenses.

Licenses shall be divided into the following classes and shall be issued by the division to

applicants for the licenses who have qualified for each class of license:

(1) A "hairdresser's and cosmetician's license" shall be issued by the division to every

applicant for the license who meets the requirements of § 5-10-8 and has completed a course of

instruction in hairdressing and cosmetology consisting of not less than ~~fifteen hundred (1,500)~~

twelve hundred (1,200) hours of continuous study and practice.

(2) An "instructor's license" shall be granted by the division to any applicant for the

license who has held a ~~licensed~~ hairdresser's and cosmetician's license, a barber's license, a

manicurist's license, or an esthetician's license, issued under the laws of this state or another state,

for at least the three (3) years preceding the date of application for an instructor's license and:

(i) Meets the requirements of § 5-10-8;

(ii) Has satisfactorily completed three hundred (300) hours of instruction in hairdressing

and cosmetology, barber, manicurist, or esthetician teacher training approved by the division as

prescribed by regulation;

(iii) Has satisfactorily passed a written and a practical examination approved by the

division to determine the fitness of the applicant to receive an instructor's license;

(iv) Has complied with § 5-10-10; and

(v) Has complied with any other qualifications that the division prescribes by regulation.

(3) A "manicurist license" shall be granted to any applicant for the license who meets the

following qualifications:

(i) Meets the requirements of § 5-10-8; and

(ii) Has completed a course of instruction, consisting of not less than three hundred (300)

hours of professional training in manicuring, in an approved school.

(4) An "esthetician license" shall be granted to any applicant for the license who meets

the following qualifications:

(i) Meets the requirements of § 5-10-8;

(ii) Has completed a course of instruction in esthetics, consisting of not less than six

hundred (600) hours of continuous study and practice over a period of not less than four (4)

months, in an approved school of hairdressing and cosmetology; and

(iii) Any applicant who holds a diploma or certificate from a skin-care school, that is

recognized as a skin-care school by the state or nation in which it is located, and meets the

requirements of ~~paragraph~~ subdivision (i) of this ~~subdivision~~ subsection, shall be granted a

license to practice esthetics; provided, that the skin-care school has a requirement that, in order to

graduate from the school, a student must have completed a number of hours of instruction in the

practice of skin care, which number is at least equal to the number of hours of instruction required

by the division.

(5) A "barber" license shall be issued by the division to every applicant for the license

who meets the requirements of § 5-10-8 and:

(i) Has completed a course of instruction in barbering consisting of not less than one

thousand five hundred (1,500) hours of continuous study and practice in an approved school;

(ii) Has possessed, for at least two (2) years prior to the filing of the application, a

certificate of registration in full force and effect from the department of health of the state

specifying that person as a registered, apprentice barber, and the application of that applicant is

accompanied by an affidavit, or affidavits, from his or her employer, or former employers, or

other reasonably satisfactory evidence showing that the applicant has been actually engaged in

barbering as an apprentice barber in the state during those two (2) years; or

(iii) A combination of barber school training and apprenticeship training as determined

by the rules and regulations prescribed by the division.

33)

Section

Amend Chapter Numbers:

5-11-1.1

442 and 445

5-11-1.1. "Hawkers", "peddlers", and "door-to-door salespersons" defined --

Authority to issue rules and regulations.

(a) For purposes of this chapter:

(1) "Door-to-door salespersons" means persons who deliver goods, wares, or

merchandise to customers for which payment has already been made or is to be made at the time

of delivery;

(2) "Hawker" means any person selling or offering for sale any goods, wares, or

merchandise, including any food or beverage, on any public street, highway, or public right of

way in the state from a stationary location;

(3) "Peddler" means any person selling or offering for sale any goods, wares, or

merchandise, including any food or beverage, from a vehicle, cart, or any other conveyance

~~which~~ that is not stationary; and

(4) No "hawker" or "peddler" shall sell or offer for sale any single good, ware, or item

having a retail value of more than three hundred dollars ($300). However, this dollar limitation

shall not apply to any non-profit corporation duly authorized to do business in Rhode Island. A

non-profit corporation means a non-profit corporation ~~which~~ that has applied under 42 26 U.S.C. §

501(c)(3) for approval as a § 501(c)(3) corporation with the Internal Revenue Service, or has been

so approved.

(b) Persons selling farm or garden produce, including flowers, and persons selling works

of art or crafts of their own making at an art or crafts show or exhibition are not hawkers or

peddlers;, provided, that:

(1) Cumberland. The town of Cumberland has the power to license and regulate persons

selling farm or garden produce, including flowers, and persons selling works of art or crafts of

their own making at an art or crafts show or exhibition;

(2) West Warwick. The town of West Warwick has the power to license and regulate

persons selling farm or garden produce, including flowers, and persons selling works of art or

crafts of their own making at an art or crafts show or exhibition;

(3) Bristol. The town of Bristol has the power to license and regulate persons selling farm

or garden produce, including flowers, and persons selling works of art or crafts of their own

making at an art or crafts show or exhibition;

(4) Warwick. The city of Warwick has the power to license and regulate persons selling

farm or garden produce, including flowers, and persons selling works of art or crafts of their own

making at an art or crafts show or exhibition; ~~and~~

(5) East Providence. The city of East Providence has the power to license and regulate

persons selling farm or garden produce, including flowers. ; and

(6) Woonsocket. The city of Woonsocket has the power to license and regulate peddlers selling

or offering flowers.

34)

Section

Amend Chapter Numbers:

5-20.5-1

68 and 158

5-20.5-1. Definitions.

When used in this chapter, unless the context indicates otherwise:

(1) "Associate broker" means any licensed real estate broker ~~who is~~ employed or engaged

as an independent contractor by or in behalf of a licensed real estate broker to do or deal in any

activity as included or comprehended by the definitions of a real estate broker in ~~subdivision (4)~~

subsection (5) of this section, for compensation or otherwise;

(2) "Director" means the director of business regulation for the state;

(3) "Opinion of value" means an analysis, opinion, or conclusion prepared by a person

licensed under chapter 20.5 of title 5, in the ordinary course of ~~their~~ his or her business relating

to the price of specified interests in or aspects of identified real estate or identified real property

or by comparison to other real property currently or recently sold in the marketplace for the

purpose of listing, purchase, or sale, excluding an appraisal prepared by a person licensed under

the provisions of chapter 20.7 of title 5, that conforms to the standards adopted by the Uniform

Standards of Professional Appraisal Practice ("USPAP").;

~~(3)~~(4) "Real estate", as used in this chapter, includes leaseholds as well as any and every

interest or estate in land, whether corporeal or incorporeal, freehold or non-freehold, and whether

the property is situated in this state or elsewhere;

~~(4)~~(5) "Real estate broker":

(i) Within the meaning of this chapter, includes all persons, partnerships, associations,

and corporations, foreign and domestic, who or that:

(A) For a fee, commission, or other valuable consideration, or ~~who~~ with the intention or

expectation of receiving or collecting a fee, commission, or other valuable consideration, lists,

sells, purchases, exchanges, rents, leases, ~~appraises residential property containing four (4) or~~

~~fewer units~~ prepares an opinion of value, or auctions any real estate, or the improvements on real

estate including options or who negotiates or attempts to negotiate any such activity;

(B) Advertises or holds himself or herself, itself, or themselves out as engaged in those

activities;

result in a real estate transaction.

(ii) Also includes any person, partnership, association, or corporation employed by or on

behalf of the owner or owners of lots, or other parcels of real estate, at a stated salary, or upon a

fee, commission or otherwise, to sell that real estate, or any parts, in lots or other parcels, and

who or that sells, exchanges or leases, or offers or attempts or agrees to negotiate the sale,

exchange or lease of any such lot or parcel of real estate;

~~(5)~~(6) "Real estate salesperson" means and includes any person employed or engaged as

an independent contractor by or on behalf of a licensed real estate broker to do or deal in any

activity as included or comprehended by the definitions of a real estate broker in ~~subdivision (4)~~

subsection (5) of this section, for compensation or otherwise.

35)

Section

Amend Chapter Numbers:

5-20.5-4

459 and 476

5-20.5-4. Examination of applicants -- Examination fee -- Licensing without examination.

(a) The director shall require any applicant for a real estate broker's or salesperson's

license to submit to and pass a written examination to show the applicant's knowledge of the state

statutes and the rules and regulations relating to real property, deeds, mortgages, leases, contracts,

and agency. An applicant shall not be required to take the uniform portion of the Rhode Island

real estate licensing examination if the applicant provides sufficient evidence that the applicant

possesses an existing valid real estate license from a state that has similar statutes or regulations

in effect which provide for reciprocal waiver of the uniform portion of the real estate licensing

examination for persons holding an existing valid Rhode Island real estate broker's or

salesperson's license. An applicant for a real estate broker's or salesperson's license, prior to the

taking of the examination, must pay an examination fee, the cost of which is limited to the charge

as designated by the appropriate testing service's contract with the department of business

regulation.

(b) An applicant for a real estate salesperson's license must submit satisfactory evidence

of completion of a minimum of forty-five (45) classroom hours in a real estate course given by a

school as defined in § 5-20.5-19. The applicant for a broker's license must also submit

satisfactory proof that he or she;: (i) ~~has~~ Has been engaged full time as a real estate salesperson

for at least two (2) years immediately prior to the date of application~~, except that the period is~~

~~waived if the applicant has received a baccalaureate degree with a major in real estate, from an~~

~~accredited college or university~~; or and (ii) ~~has~~ Has successfully completed at least ninety (90)

hours of approved classroom study in a school as defined in § 5-20.5-19, or equivalent in a

correspondence course offered by an extension department of an accredited college or university.

The director, in his or her sole discretion, may require any additional evidence or proof, as to the

honesty, trustworthiness, integrity, good reputation, and competency of any applicant.

20.5-11 within one year of the date of that examination may be required by the director to re-

submit to and pass a written examination as provided in subsection (a) of this section.

(d) When an attorney-at-law licensed by the supreme court of the state desires to have a

real estate broker's license or a real estate salesperson's license, the attorney, by application, and

upon payment of the applicable fee as provided in § 5-20.5-11, shall be granted a license without

examination.

(e) A certificate of licensure shall be issued by the real estate division of the department

of business regulation within thirty (30) days after it is requested at a cost of not more than

twenty-five dollars ($25.00) for each certificate issued.

36)

Section

Amend Chapter Numbers:

5-20.5-14

47 and 55

5-20.5-14. Revocation, suspension of license -- Probationary period – Penalties.

(a) The director may, upon his or her own motion, and shall, upon the receipt of the

written verified complaint of any person initiating a cause under this section, ascertain the facts

and, if warranted, hold a hearing for the suspension or revocation of a license. The director has

power to refuse a license for cause or to suspend or revoke a license or place a licensee on

probation for a period not to exceed one year where it has been obtained by false representation,

or by fraudulent act or conduct, or where a licensee, in performing or attempting to perform any

of the acts mentioned in this chapter, is found to have committed any of the following acts or

practices:

(1) Making any substantial misrepresentation;

(2) Making any false promise of a character likely to influence, persuade, or induce any

person to enter into any contract or agreement when he or she could not or did not intend to keep

that promise;

(3) Pursuing a continued and flagrant course of misrepresentation or making of false

promises through salespersons, other persons, or any medium of advertising, or otherwise;

(4) Any misleading or untruthful advertising;

(5) Failing to deposit money or other customers' funds received by a broker or

salesperson into an escrow account maintained by the broker ~~which~~ that complies with the

requirements set forth in § 5-20.5-6, upon execution of a purchase and sales agreement;

(6) Failing to preserve for three (3) years following its consummation records relating to

any real estate transaction as described in the regulations issued by the department;

(7) Acting for more than one party in a transaction without the knowledge and consent, in

writing, of all parties for whom he or she acts;

(8) Placing a "for sale" or "for rent" sign on any property without the written consent of

the owner, or his or her authorized agent;

(9) Failing to furnish a copy of any listing, sale, lease or other contract relevant to a real

estate transaction to all signatories of the contract at the time of execution;

(10) Failing to specify a definite termination date that is not subject to prior notice, in any

listing contract;

(11) Inducing any party to a contract, sale, or lease to break that contract for the purpose

of substitution in lieu of that contract a new contract, where that substitution is motivated by the

personal gain of the licensee;

(12) Accepting a commission or any valuable consideration by a salesperson for the

performance of any acts specified in this chapter, from any person, except the licensed real estate

broker with whom he or she is affiliated;

(13) Failing to disclose to an owner his or her intention or true position if he or she,

directly or indirectly through a third party, purchases for him or herself or acquires or intends to

acquire any interest in or any option to purchase property ~~which~~ that has been listed with his or

her office to sell or lease;

(14) Being convicted of any criminal felony in a court of competent jurisdiction of this or

any other state or federal court, involving dishonesty, breach of trust, forgery, embezzlement,

obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, fraud,

false dealing or any similar offense(s) or by pleading guilty or nolo contendere to any such

criminal offense or offenses;

(15) Violating any rule or regulation promulgated by the department in the interest of the

public and consistent with the provisions of this chapter;

(16) In the case of a broker licensee, failing to exercise adequate supervision over the

activities of his or her licensed salesperson within the scope of this chapter;

(17) Failing or refusing to provide information requested by the commission or director

as the result of a formal or informal complaint to the director ~~which~~ that would indicate a

violation of this chapter;

(18) Soliciting, selling, or offering for sale real property by offering free lots, or

conducting lotteries or contests or offering prizes for the purpose of influencing a purchaser or

prospective purchaser of real property;

(19) Paying or accepting, giving or charging any undisclosed commission, rebate,

compensation, or profit or expenditures for a principal, or in violation of this chapter;

(20) Any conduct in a real estate transaction, ~~which~~ that demonstrates bad faith,

dishonesty, untrustworthiness, or incompetence;

(21) Failing to have all listing agreements in writing, properly identifying the property

and containing all of the terms and conditions of the sale, including the commission to be paid,

the signatures of all parties concerned, and a definite expiration date in that contract, which shall

not require an owner to notify a broker of his or her intention to terminate. An exclusive agency

listing or exclusive right to sell listing shall be clearly indicated in the listing agreement;

(22) Accepting a listing based on "net price". In cases where the owner wishes to list in

this manner, the agreed-upon commission is added and listings made in the usual manner;

(23) Negotiating, or attempting to negotiate, the sale, exchange, or lease of any real

property directly with an owner or lessor knowing that the owner or lessor has an outstanding

exclusive listing contract with another licensee covering the same property, except when the real

estate broker or salesperson is contacted by the client of another broker regarding a real estate

service, and the broker or salesperson has not directly or indirectly initiated those discussions,

they may discuss the terms which they might enter into future agency agreement or they may

enter into an agency agreement which that becomes effective upon termination of any existing

exclusive agreement; or they may enter into an agreement for other real estate service not covered

by an existing agency relationship;

(24) Accepting an exclusive right to sell or lease or an exclusive agency and subsequently

failing to make a diligent effort to sell or lease the listed property;

(25) Advising against the use of the services of an attorney in any real estate transaction;

(26) Representing to any lender or any other party in interest, either verbally or through

the preparation of a false sales contract, an amount other than the true and actual sales price;

(27) Submitting to an owner a written offer to purchase or lease unless that offer contains

the essential terms and conditions of the offer including the manner in which the purchase price is

to be paid, and if that offer is contingent upon certain conditions, those conditions shall be clearly

stated in the offer, or unless the offer is conditioned upon the later execution of a complete

agreement for sale;

(28) Paying any sums of money being held in an escrow account to any person, or

converting such sums of money for his or her own use, in the event of a failed real estate

transaction, without having complied with the department's rules and regulations relative to the

transfer of disputed deposit funds to the office of the general treasurer;

(29) Advertising to sell, buy, exchange, rent, or lease the property of another in a manner

indicating that the offer to sell, buy, exchange, rent, or lease that property is being made by a

private party not engaged in the real estate business, nor ~~insert~~ inserting advertisements in any

publication containing only a post office or other box number, telephone number, or street

address. No salesperson shall advertise the property of another under his or her own name;

(30) As a licensed salesperson, failing upon termination of his or her employment or

affiliation with a real estate broker and upon demand by the broker to immediately turn over to

the broker any and all information, records, or other materials obtained during his or her

employment whether the information or records were originally given to him or her by the broker

or copied from the records of that broker or affiliation or acquired by the salesperson during his

or her employment;

(31) Offering, promising, giving, or paying, directly or indirectly, any part or share of his

or her commission or compensation arising or accruing from any real estate transaction to any

person who is not licensed as a real estate broker, but who by law should be licensed, or who is

not a real estate salesperson employed by that licensee;

(32) Soliciting the sale, lease, or the listing for sale or lease, of residential property on the

ground of loss of value due to the present or prospective entry in the neighborhood of a person or

persons of another race, religion, or ethnic origin, nor shall he or she distribute, or cause to be

distributed, material or make statements designed to induce a residential property owner to sell or

lease his or her property due to such factors;

(33) Failure of the employing broker to notify the director, in writing, within ten (10)

days of the termination of a salesperson's employment of contractual relationship, or failure of a

salesperson to notify the director, in writing, within ten (10) days of any change in his/her broker

affiliation;

(34) Failure to report all written offers to the owner prior to the signing of a purchase and

sale agreement by the owner; or

(35) Failure of agents to provide buyers and sellers of real property with disclosure

regarding real estate agency relationships as specified in chapter 20.6 of this title; or

(36) Failure of an associate broker to inform the public of associate broker status by not

listing associate broker on business cards and correspondence or by informing the public that his

or her status in the real estate firm is that of broker.; or

(37) Failure to pay sums of money being held in an escrow account, pursuant to §5-20.5-

26, within ten (10) days of receipt of a written release that has been signed by all parties to a

failed real estate transaction.

(b) The director is authorized to levy an administrative penalty not exceeding one

thousand dollars ($1,000) for any violation under this section or the rules and regulations of the

department of business regulation.

37)

Section

Amend Chapter Numbers:

5-20.5-26

47 and 55

5-20.5-26. Escrows.

(a) Escrow.

(1) Escrow accounts.

(i) Each real estate firm shall maintain an escrow account under the supervision of the

broker qualified to do business in the name and on behalf of the corporate, partnership or

association licensee. All those funds paid to a salesperson or paid directly to a broker shall be

segregated on the broker's books and deposited in an account in a recognized federally insured

financial institution in Rhode Island separate from any account containing funds owned by the

broker. A broker or salesperson shall not commingle deposit money or other customers' funds and

his or her own funds,; use a customer's funds as his or her own,; or fail to keep an escrow or

trustee account of funds deposited with him or her relating to a real estate transaction, for a period

of three (3) years, showing to whom the money belongs, date deposited, date of withdrawal, to

whom paid, and any other pertinent information that the commission requires. Those records are

to be available to the commission and the department or their representatives, on demand, or upon

written notice given to the depository. Each broker/office supervisor shall maintain a monthly

report as to the status of that office's escrow account, and is responsible for its accuracy.

(ii) A multi-office firm may either have an escrow account for each office or one central

escrow account for the firm.

(iii) Funds held in escrow may be applied to the commission when earned by the listing

company.

(iv) Whenever the ownership of any deposit monies received by a broker or salesperson

pursuant to this section is in dispute by the parties to a real estate transaction, the broker or

salesperson shall deposit the monies with the general treasurer within one hundred eighty (180)

days of the date of the original deposit, those monies to be held in trust by the general treasurer

until the dispute is mediated, arbitrated, litigated, or otherwise resolved by the parties. The parties

to a real estate transaction may agree in writing to extend the time period by which the monies

must be deposited with the general treasurer in accordance with regulations promulgated by the

department of business regulation.

(v) The department of business regulation shall have the authority to promulgate rules

and regulations with respect to such escrow accounts and the deposit of monies with the general

treasurer.

(2) Escrow agents. Funds or deposits placed in escrow may be held by any person or

entity legally authorized to hold funds in that capacity, e.g., the real estate broker or attorney.

(b) Dual activities. In all real estate transactions in which a broker holds more than one

title, e.g., builder, contractor, or insurance agent, all deposit monies received must be placed in

the broker’s real estate escrow account, unless there is a contractual agreement between the

principals to the contrary.

or other property is entrusted as escrow funds, who intentionally appropriates to the licensee's

own use that money or property, or transfers the funds from an escrow account to a company or

personal account prior to a closing, is guilty of unlawful appropriation.

(d) Release of funds. An escrow agent shall pay sums of money being held in an escrow

account as instructed by the parties to a failed real estate transaction, within ten (10) days of

receipt of a written release that has been signed by all the parties to the failed real estate

transaction.

38)

Section

Add Chapter Numbers:

5-20.9

14 and 26

CHAPTER 20.9

REAL ESTATE APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT

39)

Section

Amend Chapter Numbers:

5-25-7

125 and 141

5-25-7. Practice of veterinary medicine defined.

(a) Any person shall be regarded as practicing veterinary medicine, surgery, and dentistry

within the meaning of this chapter who, either directly or indirectly, when he or she does any of

the following:

(1) Represents himself or herself as engaged in the practice of veterinary medicine,

veterinary surgery, or veterinary dentistry in any of its branches.

(2) Diagnoses, prognoses, treats, administers, prescribes, operates on, manipulates or

applies any drug, biologic, or chemical or any apparatus or appliance for any disease, pain,

deformity, defect, injury, wound, or physical condition of any animal for the prevention of or to

test the presence of any disease.

(3) Cuts any tissue, muscle, organ, or structure of any animal for the purposes described

in subdivision (2) of this subsection or ~~purpose or~~ for the purpose of altering the natural condition

of any animal or for any other purpose, cause, or reason.

(b) The term "practicing veterinary medicine" does not include:

(1) The calling into the state for consultation of duly licensed or registered veterinarians

of any other state as to any case under treatment by a veterinarian registered under the provisions

of this chapter.

(2) The experimentation or research of a registered physician, dentist, or osteopath.

(3) The experimentation and research activities conducted at any hospital, laboratory, or

educational institution provided the activities have been approved and authorized by the division

within the period of one year prior to the commencement of each separate project or activity or

are conducted under the general supervision and control of a registered veterinarian, physician,

dentist, or osteopath.

(4) The gratuitous giving of aid or relief to an animal in any accident or emergency;

provided, the person giving the aid or relief does not represent himself or herself as a registered

veterinarian.

(5) The nursing care to animals in the establishment or facilities of a registered

veterinarian under his or her general supervision, direction, and control by the employees of the

veterinarian or the activities of a person assisting a veterinarian during the course of any

procedure or treatment.

(6) A person who is a regular student in a legally chartered college or school of veterinary

medicine while in the performance of the duties and activities assigned by his or her instructors

and provided there is a licensed veterinarian to supervise those acts.

(7) A person who is a member of the armed forces of the United States or who is an

employee or official of the United States dDepartment of aAgriculture, pPublic hHealth sService,

or other federal agency or of the state, who, while so commissioned or employed, performs

official duties.

(8) A person ~~who conducts routine~~ authorized by the Rhode Island state or federal animal

health official to conduct vaccinations~~, pullorum~~ or testing ~~and typhoid testing of poultry and~~

~~other poultry~~ of animals for the purpose of disease control activity under the supervision of an

~~official state or federal agency or department of agriculture~~ that authorizing official.

(9) A person who advises with respect to or performs acts ~~which~~ that are livestock

management and animal husbandry practices that have been accepted and performed as defined in

the duly promulgated rules and regulations governing livestock welfare. Prescription drugs shall

not be used except by or on the order of a licensed veterinarian, as provided by state and federal

law.

licensed Rhode Island veterinarian with specialized skills to provide the necessary treatment,

assistance can be sought from a licensed human medical practitioner to provide treatment to an

animal that is part of the zoological collection. The licensed veterinarian shall maintain

responsibility for the veterinarian-client-patient relationship.

40)

Section

Add Chapter Numbers:

5-36.1

230 and 329

CHAPTER 36.1

LICENSURE OF NATUROPATHY ACT OF 2017

41)

Section

Amend Chapter Numbers:

5-37.3-3

120 and 140

5-37.3-3. Definitions.

As used in this chapter:

(1) "Authorized representative" means:

(i) A person empowered by the patient/client to assert or to waive the confidentiality, or

to disclose or consent to the disclosure of confidential information, as established by this chapter.

That person is not, except by explicit authorization, empowered to waive confidentiality or to

disclose or consent to the disclosure of confidential information;

(ii) A guardian or conservator, if the person whose right to confidentiality is protected

under this chapter is incompetent to assert or waive that right; or

(iii) If the patient/client is deceased, his or her personal representative or, in the absence

of that representative, his or her heirs-at-law. ; or

(iv) A patient's attorney.

(2) "Board of medical licensure and discipline" means the board created under chapter 37

of this title.

(3) (i) "Confidential health care communication" means a communication of health care

information by an individual to a health care provider, including a transcription of any

information, not intended to be disclosed to third persons except if those persons are:

(A) Present to further the interest of the patient in the consultation, examination or

interview;

(B) Reasonably necessary for the transmission of the communication; or

provider, including members of the patient's family.

(ii) "Confidential health care information" means all information relating to a patient's

health care history, diagnosis, condition, treatment, or evaluation obtained from a health care

provider who has treated the patient.

(4) "Health care provider" means any person licensed by this state to provide or lawfully

providing health care services, including, but not limited to, a physician, hospital, intermediate

care facility or other health care facility, dentist, nurse, optometrist, podiatrist, physical therapist,

psychiatric social worker, pharmacist or psychologist, and any officer, employee, or agent of that

provider acting in the course and scope of his or her employment or agency related to or

supportive of health services.

(5) "Health care services" means acts of diagnosis, treatment, medical evaluation, or

counseling or any other acts that may be permissible under the health care licensing statutes of

this state.

(6) "Managed care contractor" means a person that:

(i) Establishes, operates, or maintains a network of participating providers;

(ii) Conducts or arranges for utilization review activities; and

(iii) Contracts with an insurance company, a hospital or medical service plan, an

employer, an employee organization, or any other entity providing coverage for health care

services to operate a managed care plan.

(7) "Managed care entity" includes a licensed insurance company, hospital or medical

service plan, health maintenance organization, an employer or employee organization, or a

managed care contractor as described in subdivision (6) of this section, that operates a managed

care plan.

(8) "Managed care plan" means a plan operated by a managed care entity as described in

subdivision (7) of this section, that provides for the financing and delivery of health care services

to persons enrolled in the plan through:

(i) Arrangements with selected providers to furnish health care services;

(ii) Explicit standards for the selection of participating providers;

(iii) Organizational arrangements for ongoing quality assurance, utilization review

programs, and dispute resolution; and

(iv) Financial incentives for persons enrolled in the plan to use the participating providers

and procedures provided for by the plan.

(9) "Medical peer review board" means a peer review board under chapter 37 of this title.

(10) "Nurse" means a registered nurse or licensed practical nurse licensed to practice

nursing in the state.

(11) "Participating provider" means a physician, hospital, pharmacy, laboratory, dentist,

or other state licensed or other state recognized provider of health care services or supplies, that

has entered into an agreement with a managed care entity to provide any services or supplies to a

patient enrolled in a managed care plan.

(12) "Patient" means a person who receives health care services from a health care

provider.

(13) "Personally identifiable confidential health care information" means confidential

health care information, which explicitly or by implication identifies a particular patient.

(14) "Physician" means a person registered or licensed to practice allopathic or

osteopathic medicine in this state under Rhode Island general laws.

(15) "Psychiatric social worker" means a person holding a Master's or further advanced

degree from a school of social work accredited by the council of social work education.

(16) "Psychologist" means a certified psychologist under chapter 44 of this title.

(17) "Qualified personnel" means persons whose training and experience are appropriate

to the nature and level of the work in which they are engaged and who, when working as part of

an organization, are performing that work with published and adequate administrative safeguards

against disclosure unauthorized under this chapter.

(18) "Third party" means a person other than the patient to whom the confidential health

care information relates and other than a health care provider.

(19) "Third-party requestor" means any person or entity presenting a patient signed

Health Insurance Portability and Accountability Act (HIPAA)-compliant authorization allowing

them to obtain a copy of the patient's medical records or reports.

42)

Section

Amend Chapter Numbers:

5-40-1

130 and 312

5-40-1. Definitions.

As used in this chapter:

(1) "Board" means the board of physical therapy established by § 5-40-2.

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

(3) "Examination" means an examination approved by the department in consultation

with the board.

(4) "License" means a license issued by the department to practice physical therapy.

(5) "Physical therapist" means an individual who is licensed by the department to practice

physical therapy.

(6) "Physical therapist assistant" means an individual who is licensed by the department

to assist in the practice of physical therapy under the supervision of a physical therapist.

(7) ~~(i) "Practice physical therapy" means the examination, treatment, and instruction of~~

~~human beings to detect, assess, prevent, correct, alleviate and limit physical disability, physical~~

~~dysfunction, and pain from injury, disease and any other bodily conditions, and includes the~~

~~administration, interpretation, and evaluation of tests and measurements of bodily functions and~~

~~structures; the planning, administration, evaluation, and modification of treatment and instruction,~~

~~including the use of physical measures, activities, and devices, for preventive and therapeutic~~

~~purposes; and the provision of consultative, educational, and other advisory services for the~~

~~purpose of reducing the incidence and severity of physical disability, physical dysfunction and~~

~~pain.~~

~~(ii) The practice of physical therapy does not include the practice of medicine as defined~~

~~in chapter 37 of this title.~~

"Physical therapy" means the care and services provided by or under the direction and

supervision of a physical therapist who is licensed pursuant to this chapter.

(8) (9) "Supervision" means that a licensed physical therapist is at all times responsible for

supportive personnel and students.

(9)(8)"Practice of physical therapy" means:

(i)(A) Examination, evaluation, treatment, and instruction of patients/clients to detect,

assess, prevent, correct, alleviate, and limit physical disability, physical dysfunction, and pain

from injury, disease, and any other bodily conditions;

(B) Administration, interpretation, and evaluation of tests and measurements of bodily

functions and structures;

instruction, including the use of physical measures, activities, and devices, for preventive and

therapeutic purposes; and

(D) The provision of consultative, educational, and other advisory services for the

purpose of reducing the incidence and severity of physical disability, physical dysfunction, and

pain;

(ii) The practice of physical therapy does not include the practice of medicine as defined

in chapter 37 of this title.

43)

Section

Amend Chapter Numbers:

5-40-9

130 and 312

5-40-9. Right of use of the title of physical therapist.

(a) To safeguard the welfare and health of the people of the state, it is unlawful for any

person to represent himself or herself as a physical therapist or physical therapist assistant in this

state or to use any title, abbreviation, sign, or device to indicate that the person is a physical

therapist or physical therapist assistant unless this person has been licensed pursuant to the

provisions of ~~this chapter~~ §5-40-7.

(b) ~~Any person who holds a license to practice physical therapy in this state has the right~~

~~to use the title "physical therapist" and abbreviation "P.T." No other person may assume the title~~

~~or use the abbreviation P.T. or other words, or letters, signs, figures, or devices to indicate that the~~

~~person using the title is a physical therapist.~~ A physical therapist shall use the letters "PT" or the

term "physical therapist" immediately following ~~their~~ his or her name to designate licensure

under this chapter. A person or business entity, its employees, agents, or representatives shall not

use in connection with that person's name or the name or activity of the business, the words

"physical therapy,", "physical therapist,", "registered physical therapist,", the letters "PT,", DPT,",

"LPT,", "RPT,", "SPT", or any other words, abbreviations, or insignia, indicating or implying

directly or indirectly, that physical therapy is provided or supplied, unless such services are

provided by or under the direction of a physical therapist licensed pursuant to this chapter. A

person or business entity shall not advertise or otherwise promote another person as being a

"physical therapist" unless the individual so advertised or promoted is licensed as a physical

therapist pursuant to this chapter. A person or business entity that offers, provides, or bills any

other person for services shall not characterize those services as "physical therapy" unless the

individual performing those services is a person under the direction or supervision of a physical

therapist pursuant to this chapter.

authorized to perform as a graduate physical therapist pursuant to this chapter.

(d) ~~Any person who holds a license as a physical therapist assistant in this state has the~~

~~right to use the title "physical therapist assistant". No other person may assume the title or other~~

~~words, or letters, signs, figures, or devices to indicate that the person using the title is a physical~~

~~therapist assistant.~~ A physical therapist assistant shall use the letters "PTA" immediately

following ~~their~~ his or her name to designate licensure under this chapter.

(e) A person shall not use the title "physical therapist assistant" or "graduate physical

therapist assistant" and the letters "PTA" or "GPTA,", or any other words, abbreviations, or

insignia in connection with that person's name, to indicate or imply, directly or indirectly, that the

person is a physical therapist assistant unless that person is licensed as a physical therapist

assistant pursuant to this chapter.

44)

Section

Amend Chapter Numbers:

5-40-13

130 and 312

5-40-13. Grounds for discipline of licensees.

(a) The board has power to deny, revoke, or suspend any license issued by the department

or applied for in accordance with this chapter, or to discipline a person licensed under this

chapter, upon proof that said person has engaged in unprofessional conduct including, but not

limited to:

(1) Fraud or deceit in procuring, or attempting to procure, a license or in the practice of

physical therapy;

(2) Is habitually intemperate or is addicted to the use of habit forming drugs;

(3) Is mentally and/or professionally incompetent;

(4) Has repeatedly violated any of the provisions of this chapter;

(5) Providing services to a person who is making a claim as a result of a personal injury,

who charges or collects from the person any amount in excess of the reimbursement to the

physical therapist by the insurer as a condition of providing or continuing to provide services or

treatment;

(6) Conviction, including a plea of nolo contendere, of one or more of the offenses listed

in § 23-17-37;

(7) Abandonment of a patient;

(8) Promotion by a physical therapist or physical therapist assistant of the sale of drugs,

devices, appliances, or goods or services provided for a patient in a manner as to exploit the

patient for the financial gain of the physical therapist or physical therapist assistant;

(9) Making or filing false reports or records in the practice of physical therapy;

(10) Repeated failure to file or record, or impede or obstruct a filing or recording, or

inducing another person to fail to file or record physical therapy reports;

(11) Failure to furnish patient records upon proper request;

(12) Practice as a physical therapist assistant without supervision by a physical therapist

licensed in the state of Rhode Island;

(13) Incompetent or negligent misconduct in the practice of physical therapy;

(14) Revocation, suspension, surrender, or limitation of privilege based on quality of care

provided or disciplinary action against a license to practice as a physical therapist or physical

therapist assistant in another state, jurisdiction, or country;

(15) Failure to furnish the board, administrator, investigator, or representatives

information legally requested by the board;

(16) Violation of this chapter or any of the rules and regulations or departure from or

failure to conform to the current standards of acceptable and prevailing practice and code of

ethics of physical therapy. ;

(17) Practicing, or offering to practice, beyond the scope of the practice of physical

therapy.

(b) Whenever a patient seeks or receives treatment from a physical therapist without

referral from a doctor of medicine, osteopathy, dentistry, podiatry, chiropractic, physician

assistant, or certified registered nurse practitioner, the physical therapist shall:

(1) Disclose to the patient, in writing, the scope and limitations of the practice of physical

therapy and obtain ~~their~~ his or her consent in writing; and

(2) Refer the patient to a doctor of medicine, osteopathy, dentistry, podiatry, or

chiropractic within ninety (90) days after the date treatment commenced; provided, that a physical

therapist is not required to make this a referral after treatment is concluded;

(3) ~~No physical therapist who has less than one year clinical experience as a physical~~

~~therapist shall commence treatment on a patient without a referral from a doctor of medicine,~~

~~osteopathy, dentistry, podiatry, chiropractic, physician assistant, or certified registered nurse~~

~~practitioner.~~

or any rules or regulations adopted by the board, any person licensed or registered under this

chapter who is a bona fide employee or independent contractor of a physician or a physician

group entitled to wages and compensation pursuant to such employment or contract, or is a co-

owner of a physical therapy practice with a physician group, shall not be deemed to be engaged in

conduct unbecoming a person licensed or registered under this chapter, or to be engaged in

conduct detrimental to the best interest of the public, or to be in violation of any other provision

of this chapter by virtue of any of the above relationships, and shall not be subject to licensure

denial, suspension, revocation, or any other disciplinary action or penalty under this chapter:

(1) Solely by virtue of such employment or contract; or

(2) Solely by virtue of the provision of physical therapy services pursuant to a referral

from the employing or contracting physician or physician group.

Any such interest referenced in this paragraph shall be in accordance with federal and

state law, specifically, including, but not limited to, chapter ~~5-48.1~~ 48.1 of this title.

45)

Section

Amend Chapter Numbers:

5-44-3

36 and 42

5-44-3. Board of psychology -- Creation – Composition.

Within the department of professional regulation in the department of health, there shall

be a board of psychology consisting of ~~five (5)~~ seven (7) members as provided by § 5-44-4.

46)

Section

Amend Chapter Numbers:

5-44-4

36 and 42

5-44-4. Board of psychology -- Appointment, terms, oath, and removal of members.

(a) The director of the department of health shall, with the approval of the governor,

appoint ~~five (5)~~ seven (7) electors as members of the board. One member of the board shall be

representative of the public, and ~~four (4)~~ six (6) shall be psychologists pursuant to this chapter

and each of them shall have been engaged in their profession for at least five (5) years. At least

one member of the board shall be an academic psychologist.

(b) The director shall, with the approval of the governor, appoint persons to serve on the

board for a term of three (3) years and each member shall serve until his or her successor has

been appointed and qualified.

by law, or for incompetence, or unprofessional or dishonorable conduct. Vacancies shall be filled

in the same manner as the original appointment was made, for the remainder of the term.

47)

Section

Amend Chapter Numbers:

5-44-5

36 and 42

5-44-5. Board of psychology -- Organization and meetings.

(a) The board shall organize immediately after the appointment and qualification of its

members.

(b) The board shall annually elect a chairperson and secretary. Meetings may be called by

the chairperson or the director of the department of health or by written request of ~~three (3)~~ four

(4) members of the board. A majority of seats filled shall constitute a quorum. The board shall

meet as often as necessary.

48)

Section

Amend Chapter Numbers:

5-44-19

36 and 42

5-44-19. Procedure for discipline.

(a) When a sworn complaint is filed with the board charging a person with being guilty of

any of the actions specified in § 5-44-18, the department shall immediately investigates those

charges, or, the board, after investigation, may institute charges.

(b) (1) If the investigation reveals reasonable grounds for believing that the applicant or

psychologist is guilty of the charges, the board shall fix a time and place for a hearing, and shall

serve a copy of the charges, together with a notice of the time and the place fixed for the hearing,

personally upon the accused at least twenty (20) days prior to the time fixed for the hearing.

(2) The board may investigate and render a decision on any disciplinary complaint

against anyone practicing psychology (regardless of whether he or she was licensed at the time of

the alleged complaint) or that their license has subsequently been surrendered, revoked, or not

renewed.

(3) The board, at its discretion, may dismiss or suspend a complaint without a finding as

delineated in the rules and regulations so that a person who is the subject of the complaint may

participate in a colleague assistance program acceptable to the board. The board may suspend a

complaint contingent upon the person complying with directions issued by the board. The board

may reinstate any suspended complaint at ~~anytime~~ any time it deems that the person is not in

compliance with the directions of the board.

(4) When personal service cannot be effected and that fact is certified by oath by any

person authorized to make service, the board shall publish once, in each of two (2) successive

weeks, a notice of the hearing in a newspaper published in the county where the accused last

resided according to the records of the board and shall mail a copy of the charges and of the

notice to the accused at his or her last known address.

(5) When publication of notice is necessary, the date of the hearing shall not be less than

twenty (20) days after the last date of publication of the notice.

both, to produce witnesses and evidence on his or her behalf, to cross-examine witnesses, and to

have subpoenas issued by the administrator of professional regulation.

(2) The attendance of witnesses and the production of books, documents, and papers at

the hearing may be compelled by subpoenas issued by the department, which shall be served in

accordance with law.

(3) The department shall administer oaths as necessary for the proper conduct of the

hearing.

(4) The board is not bound by the strict rules of procedure or by the laws of evidence in

the conduct of its proceedings, but the determination shall be based upon sufficient legal evidence

to sustain it.

(5) The board has the authority to delegate a hearing to a hearing officer.

(d) If the accused is found guilty of the charges, the board may refuse to issue a

registration to the applicant, or may revoke or suspend his or her license, or discipline that person.

(e) Upon the revocation or suspension of any license, the license holder shall surrender

the license to the department ~~who~~ which shall indicate same in the licensure verification

database.

(f) A revocation or suspension of license may be reviewed at the discretion of the board,

or at the initiative of the department ~~who~~ which may order a rehearing of the issue if ~~he or she~~ it

finds cause.

49)

Section

Amend Chapter Numbers:

5-65-3

390 and 425

5-65-3. Registration for work on a structure required of contractor -- Issuance of building permits

to unregistered or unlicensed contractors prohibited -- Evidence of activity as a contractor --

Duties of contractors.

(a) A person shall not undertake, offer to undertake, or submit a bid to do work as a contractor

on a structure or arrange to have work done unless that person has a current, valid certificate of

registration for all construction work issued by the board. A partnership, corporation, or joint

venture may do the work,; offer to undertake the work,; or submit a bid to do the work only if

that partnership, corporation, or joint venture is registered for the work. In the case of registration by

a corporation or partnership, an individual shall be designated to be responsible for the corporation's

or partnership's work. The corporation or partnership and its designee shall be jointly and severally

liable for the payment of the registration fee, as requested in this chapter, and for violations

of any provisions of this chapter. Disciplinary action taken on a registration held by a corporation,

partnership, or sole proprietor may affect other registrations held by the same corporation, partnership,

or sole proprietorship, and may preclude future registration by the principal of that business entity.

(b) A registered partnership or corporation shall notify the board in writing immediately

upon any change in partners or corporate officers.

registered under this chapter who does not have a current, valid certificate of registration

identification card or valid license ~~which~~ that shall be presented at the time of issuance of a

permit and shall become a condition of a valid permit. Each city, town, or the state ~~which~~ that

requires the issuance of a permit as a condition precedent to construction, alteration,

improvement, demolition, movement, or repair of any building or structure or the appurtenance to

the structure shall also require that each applicant for the permit file, as a condition to issuing the

permit, a written affidavit subject to the penalties of perjury, subscribed by the applicant, that the

applicant is registered under the provisions of this chapter, giving the number of the registration

and stating that the registration is in full force and effect, or, if the applicant is exempt from the

provisions of this chapter, listing the basis for the exemption. The city, town, or the state shall list

the contractor's registration number on the permit obtained by that contractor, and if a homeowner

is issued a permit, the building inspector or official must ascertain registration

numbers of each contractor on the premises and shall inform the registration board of any

non-registered contractors performing work at the site.

(d) Every city and town ~~which~~ that requires the issuance of a business license as a condition precedent

to engaging, within the city or town, in a business ~~which~~ that is subject to regulation under this chapter,

shall require that each licensee and each applicant for issuance or renewal of the license file, or has on file,

with the city or town a signed statement that the licensee or applicant is registered under the provisions of

this chapter and stating that the registration is in full force and effect.

(e) It shall be prima facie evidence of doing business as a contractor when a person for

that person's own use performs, employs others to perform, or for compensation and with the

intent to sell the structure, arranges to have performed any work described in § 5-65-1(3) if within

any one twelve-~~(12)~~ month (12) period that person offers for sale one or more structures on which

that work was performed.

(f) Registration under this chapter shall be prima facie evidence that the registrant

conducts a separate, independent business.

(g) The provisions of this chapter shall be exclusive and no city or town shall require or

shall issue any registrations or licenses nor charges any fee for the regulatory registration of any

contractor registered with the board. Nothing in this subsection shall limit or abridge the authority

of any city or town to license and levy and collect a general and nondiscriminatory license fee

levied upon all businesses, or to levy a tax based upon business conducted by any firm within the

city or town's jurisdiction, if permitted under the laws of the state.

(h) (1) Every contractor shall maintain a list ~~which~~ that shall include the following information

about all subcontractors or other contractors performing work on a structure for that contractor:

(i) Names and addresses.; and

(ii) Registration numbers or other license numbers.

(2) The list referred to in ~~subdivision~~ subsection (h)(1) of this ~~subsection~~ section shall be

delivered to the board within twenty-four (24) hours after a request is made during reasonable

working hours, or a fine of twenty-five dollars ($25.00) may be imposed for each offense.

(i) The following subcontractors who are not employees of a registered contractor must

obtain a registration certificate prior to conducting any work: (1) cCarpenters, including finish

carpenters and framers; (2) sSiding installers; (3) rRoofers; (4) fFoundation installers, including

concrete installers and form installers; (5) dDrywall installers; (6) pPlasterers; (7) iInsulation

installers; (8) cCeramic tile installers; (9) fFloor covering installers; (10) sSwimming pool

installers, both above ground and in ground; (11) mMasons, including chimney installers,

fireplace installers, and general masonry erectors. This list is not all inclusive and shall not be

limited to the above-referenced contractors. No subcontractor licensed by another in-state agency

pursuant to § 5-65-2 shall be required to register, provided that said work is performed under the

purview of that license.

(j) A contractor including, but not limited to, a general contractor, shall not hire any

subcontractor or other contractor to work on a structure unless the contractor is registered under

this chapter or exempt from registration under the provisions of § 5-65-2.

(k) A summary of this chapter, prepared by the board and provided at cost to all

registered contractors, shall be delivered by the contractor to the owner when the contractor

begins work on a structure; failure to comply may result in a fine.

(l) The registration number of each contractor shall appear in any advertising by that

contractor. Advertising in any form by an unregistered contractor shall be prohibited, including

alphabetical or classified directory listings, vehicles, business cards, and all other forms of

advertisements. The violations could result in a penalty being assessed by the board per

administrative procedures established.

(i) The board may publish, revoke, or suspend registrations and the date the registration

was suspended or revoked on a quarterly basis.

(ii) Use of the word "license" in any form of advertising when only registered may

subject the registrant or those required to be registered to a fine of one hundred dollars ($100) for

each offense at the discretion of the board.

(m) The contractor must see that permits required by the state building code are secured

on behalf of the owner prior to commencing the work involved. The contractor's registration

number must be affixed to the permit as required by the state building code.

(n) The board may assess an interest penalty of twelve percent (12%) annually when a

monetary award is ordered by the board.

(o) All work performed, including labor and materials, in excess of one thousand dollars

($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this

subsection shall include a location on or near the signature line location on or in which the parties

to the contract shall initial to evidence the receipt of certain consumer education materials or

information approved and provided by the board to the contractor. Said educational materials

and/or information shall include, but not be limited to, the following notice and shall be provided

by the contractor to the homeowner: NOTICE OF POSSIBLE MECHANIC'S LIEN

To: Insert name of owner, lessee or tenant, or owner of less than the simple fee.

The undersigned is about to perform work and/or furnish materials for the construction,

erection, alterations or repair upon the land at (INSERT ADDRESS) under contract with you.

This is a notice that the undersigned and any other persons who provide labor and materials for

the improvement under contract with the undersigned may file a mechanic's lien upon the land in

the event of nonpayment to them. It is your responsibility to assure yourself that those other

persons under contract with the undersigned receive payment for their work performed and

materials furnished for the construction, erection, alteration or repair upon the land. Failure to

adhere to the provisions of this subsection may result in a one thousand dollar ($1,000) fine

against the contractor and shall not affect the right of any other person performing work or

furnishing materials of claiming a lien pursuant to Chapter ~~34-28~~ 28 of title 34. However, such person failing

to provide such notice shall indemnify and hold harmless any owner, lessee or tenant, or owner of

less than the fee simple from any payment or costs incurred on account of any liens claims by

those not in privity with them, unless such owner, lessee or tenant, or owner of less than the fee

simple shall not have paid such person.

(p) Contracts entered into must contain notice of right of rescission as stipulated in all

pertinent Rhode Island consumer protection laws and/or §5-65-27 if applicable.

(q) The contractor must stipulate whether or not all the proper insurances are in effect for

each job contracted.

(r) Contractors who are in compliance with the provisions of this subsection shall be

exempt from the requirements of § 34-28-4.1.

(s) In addition to the requirements of this chapter, contractors engaged in well drilling

activities shall also be subject to regulations pertaining to licensing and registration promulgated

by the contractors' registration and licensing board pursuant to chapter ~~5-65.2~~ 65.2 of this title and § 46-13.2-4.

50)

Section

Add Chapter Numbers:

5-65-27

398 and 425

5-65-27. Elderly person in-home solicitation - Right to cancel.

(a) Definitions. For purposes of this section:

(1) "Consumer" means an individual who contracts with a person offering to undertake or

submit a bid to do work as a contractor.

(2) "Elderly person" is defined in §42-66-4.1.

(3) "Emergency" means an urgent and immediate need for services, assistance, or repairs,

~~which~~ that must be addressed without delay to avoid substantial harm to persons or property.

(4) "In-home solicitation" means any transaction made at the consumer's primary

residence, including telephonic or online, except those transactions initiated by the consumer. A

consumer response to an advertisement is not an in-home solicitation.

(5) "Person" means an individual, partnerships, corporation, limited-liability company,

association, or other group, however organized.

(6) "Services" means work, labor, and services as a contractor pursuant to chapter 65 of

title 5, as well as other disciplines governed by the board pursuant to statutory law.

(b) In addition to all other methods of consumer protection provided by federal or state

law, any contract ~~which~~ that originates from an in-home solicitation of an elderly person for the

purposes of performing work as a contractor pursuant to chapter 65 of title 5, as well as other

disciplines governed by the board pursuant to statutory law, shall provide that any consumer who

is an elderly person shall, in the absence of an emergency as defined herein, have three (3) days

within which to cancel the in-home solicitation contract for contractor services.

notice to the elderly person of all the rights that substantially comply with this section. The notice

must:

(1) Appear in the agreement under the conspicuous caption: "Notice of Cancellation";

and

(2) Read as follows:

... (date of transaction) "You may cancel this agreement, without any penalty or

obligation, within three (3) business days from the above date. If you cancel, your cancellation

notice must state that you do not wish to be bound by the agreement and mailed by registered or

certified mail not later than midnight three (3) days following the consumer's signing the

agreement, excluding Sunday and any holiday on which regular mail deliveries are not made. All

cancellations must be mailed to:

(insert name and address of the seller)."

(d) Whenever the agreement fails to conform to the provisions of this section and the

consumer or ~~their~~ his or her agent has notified the seller of ~~their~~ the consumer’s intent to cancel

the agreement by registered mail, return receipt requested, the contractor shall, within twenty (20)

days, return any deposit made by the consumer. Failure to return any deposit shall enable the

consumer to recover from the contractor double damages in any subsequent legal proceeding.

51)

Section

Amend Chapter Numbers:

5-70-22

407 and 432

5-70-22. Authority of director to assess penalty.

(a) The director may assess an administrative penalty on any person, firm, or corporation

for any violation of the provisions of this chapter, after notice and hearing, before and upon the

recommendation of the board of examination and licensing of telecommunications system

contractors, technicians and installers in the amount of not more than five hundred dollars ($500)

for the first offense and not less than five hundred dollars ($500) nor more than one thousand

dollars ($1000) for each subsequent offense; provided, that the director of labor and training may

revoke any telecommunication license for a failure to pay any fine recommended by the board

and approved by the director of labor and training within thirty (30) days. Each individual person

acting in violation of the provisions of this chapter shall constitute a separate offense to any

person, firm, or corporation assessed a penalty under this section.

(b) A copy of the order shall be immediately served upon the licensee personally or by

registered or certified mail. The order of the board shall be final unless the licensee so charged or

complainant shall within twenty (20) days after receipt of the order file with the director of labor

and training an appeal. The appeal will be determined by the director or his or her designee. The

director may accept or reject, in whole or in part, the recommended order of the board. The order

of the director shall be final, subject to review by the courts under the Aadministrative

Pprocedures Aact, chapter 35 of title 42, and a copy of the order shall be immediately served

upon the person, firm, or corporation assessed.

53)

Section

Amend Chapter Numbers:

7-1.2-1003

371 and 376

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. ; and

(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 taxes have been paid, ~~as evidenced by an appropriate~~

~~certificate of good standing issued by the Rhode Island division of taxation,~~ the secretary of state

shall:

(1) Endorse on the original the word "Ffiled," 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.

corporation, as the case may be, or its representative.

54)

Section

Amend Chapter Numbers:

7-1.2-1008

371 and 376

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 that desires to convert under this section

shall adopt a resolution approving such conversion, specifying the type of entity into which the

corporation shall be converted and recommending the approval of such conversion by the

stockholders of the corporation. Such resolution shall be submitted to the stockholders of the

corporation at an annual or special meeting. Due notice of the time and purpose of the meeting

shall be mailed to each holder of stock, whether voting or nonvoting, of the corporation at the

address of the stockholder, as it appears on the records of the corporation, at least twenty (20)

days prior to the date of the meeting. At the meeting, the resolution shall be considered and a vote

taken for its adoption or rejection. If all outstanding shares of stock of the corporation, whether

voting or nonvoting, shall be voted for the adoption of the resolution, the conversion shall be

authorized.

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 taxes by the

corporation, ~~as evidenced by an appropriate certificate of good standing issued by the Rhode~~

~~Island division of taxation,~~ the corporation shall file with the secretary of state a certificate of

conversion to non-Rhode Island entity, executed in accordance with § 7-1.2-105, that certifies:

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

originally incorporated;

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

(3) The name and jurisdiction of the entity and type of entity to which the corporation

shall be converted;

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

section;

(5) The agreement of the corporation that it may be served with process in the state of

Rhode Island in any action, suit, or proceeding for enforcement of any obligation of the

corporation arising while it was a corporation of this state, and that it irrevocably appoints the

secretary of state as its agent to accept service of process in any such action, suit, or proceeding;

and

(6) The address to which a copy of the process referred to in subsection (c)(5) of this

section shall be mailed to it by the secretary of state. In the event of such service upon the

secretary of state in accordance with subsection (c)(5) of this section, the secretary of state shall

forthwith notify such corporation that has converted out of the state of Rhode Island by letter,

certified mail, return receipt requested, directed to such corporation that has converted out of the

state of Rhode Island at the address so specified, unless such corporation shall have designated in

writing to the secretary of state a different address for such purpose, in which case it shall be

mailed to the last address designated. Such letter shall enclose a copy of the process and any other

papers served on the secretary of state pursuant to this subsection. It shall be the duty of the

plaintiff in the event of such service to serve process and any other papers in duplicate; to notify

the secretary of state that service is being affected pursuant to this subsection; and to pay the

secretary of state the sum of fifteen dollars ($15.00) for the use of the state, which sum shall be

taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The secretary of

state shall maintain an alphabetical record of any such service setting forth the name of the

plaintiff and the defendant; the title, docket number and nature of the proceeding in which process

has been served; the fact that service has been effected pursuant to this subsection; the

return date thereof; and the day and hour service was made. The secretary of state shall not be

required to retain such information longer than five (5) years from receipt of the service of

process.

(d) Upon the filing in the office of the secretary of state of a certificate of conversion to

non-Rhode Island entity in accordance with subsection (c) of this section, or upon the future

effective date or time of the certificate of conversion to non-Rhode Island entity and payment to

the secretary of state of all fees prescribed under this title, the secretary of state shall certify that

the corporation has filed all documents and paid all fees required by this title, and thereupon the

corporation shall cease to exist as a corporation of this state at the time the certificate of

conversion becomes effective in accordance with § 7-1.2-105. Such certificate of the secretary of

state shall be prima facie evidence of the conversion by such corporation out of the state of Rhode

Island.

(e) The conversion of a corporation out of the state of Rhode Island in accordance with

this section and the resulting cessation of its existence as a corporation of this state pursuant to a

certificate of conversion to non-Rhode Island entity shall not be deemed to affect any obligations

or liabilities of the corporation incurred prior to such conversion or the personal liability of any

person incurred prior to such conversion, nor shall it be deemed to affect the choice of law

applicable to the corporation with respect to matters arising prior to such conversion.

(f) Unless otherwise provided in a resolution of conversion adopted in accordance with

this section, the converting corporation shall not be required to wind up its affairs or pay its

liabilities and distribute its assets, and the conversion shall not constitute a dissolution of such

corporation.

(g) In connection with a conversion of a domestic corporation to another entity pursuant

to this section, shares of stock of the corporation of this state that is to be converted may be

exchanged for or converted into cash, property, rights or securities of, or interests in, the entity to

which the corporation of this state is being converted or, in addition to or in lieu thereof, may be

exchanged for or converted into cash, property, shares of stock, rights or securities of, or interests

in, another domestic corporation or other entity or may be cancelled.

(h) When a corporation has been converted to another entity or business form pursuant to

this section, the other entity or business form shall, for all purposes of the laws of the state of

Rhode Island, be deemed to be the same entity as the corporation. When any conversion shall

have become effective under this section, for all purposes of the laws of the state of Rhode Island,

all of the rights, privileges, and powers of the corporation that has converted, and all property,

real, personal, and mixed, and all debts due to such corporation, as well as all other things and

causes of action belonging to such corporation, shall remain vested in the other entity or business

form to which such corporation has converted and shall be the property of such other entity or

business form, and the title to any real property vested by deed or otherwise in such corporation

shall not revert to such corporation or be in any way impaired by reason of this chapter; but all

rights of creditors and all liens upon any property of such corporation shall be preserved

unimpaired, and all debts, liabilities, and duties of the corporation that has converted shall remain

attached to the other entity or business form to which such corporation has converted, and may be

enforced against it to the same extent as if said debts, liabilities, and duties had originally been

incurred or contracted by it in its capacity as such other entity or business form. The rights,

privileges, powers, and interest in property of the corporation that has converted, as well as the

debts, liabilities, and duties of such corporation, shall not be deemed, as a consequence of the

conversion, to have been transferred to the other entity or business form to which such

corporation has converted for any purposes of the laws of the state of Rhode Island.

(i) No vote of stockholders of a corporation shall be necessary to authorize a conversion

if no shares of the stock of such corporation shall have been issued prior to the adopting by the

board of directors of the resolution approving the conversion.

55)

Section

Amend Chapter Numbers:

7-1.2-1301

371 and 376

7-1.2-1301. Voluntary dissolution by incorporators.

(a) A corporation ~~which~~ that has not commenced business and ~~which~~ that 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.; and

(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 taxes have been paid~~, as evidenced by an appropriate certificate of good~~

~~standing issued by the Rhode Island division of taxation~~:

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

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

(iii) Issue a certificate of dissolution.

(3) If the corporation is dissolved prior to the effective date stated on the articles of

incorporation, no taxes shall be due.

(b) The certificate of dissolution is delivered to the incorporators or their representative.

Upon the issuance of the certificate of dissolution by the secretary of state, the existence of the

corporation ceases.

56)

Section

Amend Chapter Numbers:

7-1.2-1309

371 and 376

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 taxes have been paid~~, as evidenced by an appropriate certificate of good standing issued by~~

~~the Rhode Island division of taxation~~:

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

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

(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.

57)

Section

Amend Chapter Numbers:

7-1.2-1310

371 and 376

7-1.2-1310. Revocation of articles of incorporation.

(a) The articles of incorporation of a corporation may be revoked by the secretary of state

upon the conditions prescribed in this section when it is established that:

(1) The corporation procured its articles of incorporation through fraud; or

(2) The corporation has continued to exceed or abuse the authority conferred upon it by

law; or

(3) The corporation has failed to file its annual report within the time required by this

chapter, or with respect to any corporation in good corporate standing on the records of the

secretary of state on or after July 1, 2019, has failed to pay any required fees to the secretary of

state when they have become due and payable, or the secretary of state has received notice from

the division of taxation, in accordance with §44-11-26.1, that the corporation has failed to pay

~~any~~ corporate taxes ~~fees, when they have become due and payable~~; or

(4) The corporation has failed for thirty (30) days to appoint and maintain a registered

agent in this state as required by this chapter; or

(5) The corporation has failed, after change of its registered office or registered agent, to

file in the office of the secretary of state a statement of the change as required by this chapter; or

(6) The corporation has failed to file in the office of the secretary of state any amendment

to its articles of incorporation or any articles of merger within the time prescribed by this chapter;

(7) A misrepresentation has been made of any material matter in any application, report,

affidavit, or other document submitted by the corporation pursuant to this chapter.

(b) No articles of incorporation of a corporation may be revoked by the secretary of state

unless:

(1) The secretary of state gives the corporation notice thereof not less than sixty (60) days

~~notice thereof~~ prior to such revocation by regular mail addressed to the registered office of the

corporation in this state on file with the secretary of state's office, which notice shall specify the

basis for the revocation; provided, however, that if a prior mailing addressed to the registered

office of the corporation in this state currently on file with the secretary of state's office has been

returned ~~to the secretary of state~~ as undeliverable by the United States Postal Service for any

reason, or if the revocation notice is returned as undeliverable ~~to the secretary of state's office~~ by

the United States Postal Service for any reason, the secretary of state gives notice as follows:

(i) To the corporation at its principal office of record as shown in its most recent annual

report, and no further notice is required; or

(ii) In the case of a domestic corporation ~~which~~ that has not yet filed an annual report,

then to any one of the incorporators listed on the articles of incorporation, and no further notice is

required; and

(2) The corporation fails prior to revocation to file the annual report or pay the fees, or

file the required statement of change of registered agent or registered office, or file the articles of

amendment or articles of merger, or correct the misrepresentation.

58)

Section

Amend Chapter Numbers:

7-1.2-1413

371 and 376

7-1.2-1413. Filing of application for withdrawal.

(a) An original application for withdrawal must be delivered to the secretary of state. If

the secretary of state finds that the application conforms to the provisions of this chapter, the

secretary of state shall, when all fees and taxes have been paid~~, as evidenced by an appropriate~~

~~certificate of good standing issued by the Rhode Island division of taxation~~:

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

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

(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.

59)

Section

Amend Chapter Numbers:

7-1.2-1414

371 and 376

7-1.2-1414. Revocation of certificate of authority.

(a) The certificate of authority of a foreign corporation to transact business in this state

may be revoked by the secretary of state under the conditions prescribed in this section when:

(1) The corporation fails to file its annual report within the time required by this chapter,

or ~~fails~~ with respect to any corporation in good corporate standing on the records of the secretary

of state on or after July 1, 2019, has failed to pay any required fees to the secretary of state when

they have become due and payable, or the secretary of state has received notice from the division

of taxation, in accordance with §44-11-26.1, that the corporation has failed to pay ~~any~~ corporate

taxes ~~fees, when they become due and payable~~; or

(2) The corporation fails to appoint and maintain a registered agent in this state as

required by this chapter; or

(3) The corporation fails, after changing its registered office or registered agent, to file in

the office of the secretary of state a statement of the change as required by this chapter; or

(4) The corporation fails to file in the office of the secretary of state any amendment to its

articles of incorporation or any articles of merger within the time prescribed by this chapter; or

(5) A misrepresentation has been made of any material matter in any application, report,

affidavit, or other document submitted by the corporation pursuant to this chapter.

(b) No certificate of authority of a foreign corporation may be revoked by the secretary of

state unless the secretary of state has given the corporation notice thereof not less than sixty (60)

days ~~notice thereof~~ prior to such revocation, by regular mail addressed to the registered agent of

the corporation in this state on file with the secretary of state's office, which notice shall specify

the basis for the revocation; provided, however, that if a prior mailing addressed to the registered

office of the corporation in this state currently on file with the secretary of state's office has been

returned ~~to the secretary of state~~ as undeliverable by the United States Postal Service for any

reason, or if the revocation notice is returned as undeliverable ~~to the secretary of state's office~~ by

the United States Postal Service for any reason, the secretary of state shall give notice as follows:

(1) To the corporation at its principal office of record as shown in its most recent annual

report, and no further notice is required; or

(2) In the case of a foreign corporation ~~which~~ that has not yet filed an annual report, then

to the corporation at its principal office shown in its application for certificate of authority, and no

further notice is required.

60)

Section

Amend Chapter Numbers:

7-6-74

9 and 20

7-6-74. Application by foreign corporation for certificate of authority.

(a) A foreign corporation, in order to procure a certificate of authority to conduct affairs

in this state, shall apply for it with the secretary of state. The application shall set forth:

(1) The name of the corporation and the state or country under the laws of which it is

incorporated.

(2) The date of incorporation and the period of duration of the corporation.

(3) The street address of the principal office of the corporation.

(4) The address of the proposed registered office of the corporation in this state, and the

name of its proposed registered agent in this state at the address.

(5) The purpose or purposes of the corporation ~~which~~ that it proposes to pursue in

conducting its affairs in this state.

(6) The names and respective addresses of the directors and officers of the corporation.

(7) The additional information as is necessary or appropriate to enable the secretary of

state to determine whether the corporation is entitled to a certificate of authority to conduct affairs in this state.

(b) The application shall be made on forms prescribed and furnished by the secretary of

state and shall be executed in duplicate by the corporation by its president or a vice president and

by its secretary or an assistant secretary.

61)

Section

Amend Chapter Numbers:

7-6-75

9 and 20

7-6-75. Filing of application by foreign corporation for certificate of authority.

(a) The application of the corporation for a certificate of authority shall be delivered to

the secretary of state, ~~together with a copy of its articles of incorporation and all amendments to~~

~~it, duly certified by the proper officer of the state or country under the laws of which it is~~

~~incorporated~~ together with a certificate of good standing or legal existence issued by the proper

officer of the state or country under the laws of which it is incorporated.

(b) If the secretary of state finds that the application conforms to law, the secretary of

state shall, when all fees have been paid as prescribed in this chapter:

(1) Endorse on the documents the word "Filed,", and the month, day, and year of the

filing.

(2) File in the secretary of state's office the original of the application and ~~the copy of the~~

~~articles of incorporation and amendments to it~~ certificate of good standing or legal existence

issued by the proper officer of the state or country under the laws of which it is incorporated.

(3) Issue a certificate of authority to conduct affairs in this state.

62)

Section

Amend Chapter Numbers:

7-6-76

9 and 20

7-6-76. Effect of certificate of authority by foreign corporation.

Upon the issuance of a certificate of authority by the secretary of state, the corporation is

authorized to conduct affairs in this state for those purposes set forth in its application, subject,

however, to the right of the state to suspend or to revoke the authority as provided in this chapter.

~~and would also clarify the tables of §§7-6-74, 7-6-75, and 7-6-76 to include a reference to foreign~~

~~corporations.~~

63)

Section

Add Chapter Numbers:

7-6.2

370 and 378

CHAPTER 6.2

WORKERS' COOPERATIVES

64)

Section

Amend Chapter Numbers:

7-16-5.2

371 and 376

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 consolidation that involves

the limited-liability company as a constituent party and does not prohibit a conversion of the

limited-liability company, the conversion shall be authorized by the approval by the members or,

if there is more than one class or group of members, then by each class or group of members, in

either case, by members who own more than fifty percent (50%) of the then-current percentage or

other interest in the profits of the domestic limited-liability company owned by all of the

members or by the members in each class or group, as appropriate.

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 that is to be converted may be exchanged for or converted into cash,

property, rights, or securities of or interests in the entity or business form into which the domestic

limited-liability company is being converted or, in addition to or in lieu thereof, may be

exchanged for or converted into cash, property, rights, or securities of or interests in another

entity or business form or may be cancelled.

(e) If a limited-liability company shall convert in accordance with this section to another

entity or business form organized, formed, or created under the laws of a jurisdiction other than

the state of Rhode Island or to a Rhode Island unincorporated "other entity", a certificate of

conversion to non-Rhode Island entity shall be filed in the office of the secretary of state. The

certificate of conversion to non-Rhode Island entity shall state:

(1) The name of the limited-liability company and, if it has been changed, the name under

which its certificate of formation was originally filed;

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

(3) The jurisdiction in which the entity or business form, to which the limited-liability

company shall be converted, is organized, formed, or created, and the name and type of such

entity or business form;

(4) The future effective date or time (which shall be a date or time certain) of the

conversion if it is not to be effective upon the filing of the certificate of conversion to non-Rhode

Island entity;

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

(6) The agreement of the limited-liability company that it may be served with process in

the state of Rhode Island in any action, suit, or proceeding for enforcement of any obligation to

the limited-liability company arising while it was a limited liability company of the state of

Rhode Island, and that it irrevocably appoints the secretary of state as its agent to accept service

of process in any such action, suit, or proceeding;.

(f) Upon the filing in the office of the secretary of state of the certificate of conversion to

non-Rhode Island entity or upon the future effective date or time of the certificate of conversion

to non-Rhode Island entity and upon payment of all fees due by the limited-liability company, as

~~evidenced by an appropriate certificate of good standing issued by the Rhode Island division of~~

~~taxation,~~ the secretary of state shall certify that the limited-liability company has filed all

documents and paid all fees required by this chapter, and thereupon the limited-liability company

shall cease to exist as a limited-liability company of the state of Rhode Island. Such certificate of

the secretary of state shall be prima facie evidence of the conversion by such limited-liability

company out of the state of Rhode Island.

(g) The conversion of a limited-liability company out of the state of Rhode Island in

accordance with this section and the resulting cessation of its existence as a limited-liability

company of the state of Rhode Island pursuant to a certificate of conversion to non-Rhode Island

entity shall not be deemed to affect any obligations or liabilities of the limited-liability company

incurred prior to such conversion or the personal liability of any person incurred prior to such

conversion, nor shall it be deemed to affect the choice of laws applicable to the limited-liability

company with respect to matters arising prior to such conversion.

(h) When a limited-liability company has been converted to another entity or business

form pursuant to this section, the other entity or business form shall, for all purposes of the laws

of the state of Rhode Island, be deemed to be the same entity as the limited-liability company.

When any conversion shall have become effective under this section, for all purposes of the laws

of the state of Rhode Island, all of the rights, privileges, and powers of the limited-liability

company that has converted, and all property, real, personal, and mixed, and all such debts due to

such limited-liability company, as well as all other things and causes of action belonging to such

limited-liability company, shall remain vested in the other entity or business form to which such

limited-liability company has converted and shall be the property of such other entity or business

form, and the title to any real property vested by deed or otherwise in such limited-liability

company shall not revert to such limited-liability company or be in any way impaired by reason

of this chapter; but all rights of creditors and all liens upon any property of such limited-liability

company shall be preserved unimpaired, and all debts, liabilities, and duties of the limited-

liability company that has converted shall remain attached to the other entity or business form to

which such limited-liability company has converted, and may be enforced against it to the same

extent as if said debts, liabilities, and duties had originally been incurred or contracted by it in its

capacity as such other entity or business form. The rights, privileges, powers, and interests in

property of the limited-liability company that has converted, as well as the debts, liabilities, and

duties of such limited-liability company, shall not be deemed, as a consequence of the

conversion, to have been transferred to the other entity or business form to which such limited-

liability company has converted for any purpose of the laws of the state of Rhode Island.

65)

Section

Amend Chapter Numbers:

7-16-8

371 and 376

7-16-8. Filing.

(a) The secretary of state may not accept for filing any document under this chapter that

does not conform with law.

(b) The secretary of state may not accept for filing any organizational document,

qualification, registration, change of resident agent report, service of process, notice, or other

document until all required filing and other fees have been paid to the secretary of state.

of registration, or 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 taxes have been paid~~, as evidenced by an appropriate certificate~~

~~of good standing issued by the Rhode Island division of taxation~~.

(d) The secretary of state may not accept for filing 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 taxes have been paid, as evidenced by an

appropriate certificate of good standing issued by the division of taxation.

~~(d)~~(e) 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 taxes have been paid~~, as evidenced by an appropriate certificate of good standing~~

~~issued by the Rhode Island division of taxation~~.

~~(e)~~(f) 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 that establishes:

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

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

~~(f)~~(g) 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.

66)

Section

Amend Chapter Numbers:

7-16-41

371 and 376

7-16-41. Revocation of certificate of organization or certificate of registration.

(a) The certificate of organization or certificate of registration of a limited-liability

company may be revoked by the secretary of state on under the conditions prescribed in this section

when it is established that:

(1) The limited-liability company procured its articles of organization through fraud;

(2) The limited-liability company has continued to exceed or abuse the authority

conferred upon it by law;

(3) The limited liability company has failed to file its annual report within the time

required by this chapter, or with respect to any limited-liability company in good company

standing on the records of the secretary of state on or after July 1, 2019, has failed to pay any

required fees to the secretary of state when they have become due and payable, or the secretary of

state has received notice from the division of taxation, in accordance with §7-16-67.1, that the

limited-liability company has failed to pay any fees or taxes due this state~~, when they have~~

~~become due and payable~~;

(4) The limited-liability company has failed for thirty (30) days to appoint and maintain a

resident agent in this state as required by this chapter;

(5) The limited-liability company has failed, after change of its resident agent, to file in

the office of the secretary of state a statement of the change as required by this chapter;

(6) The limited-liability company has failed to file in the office of the secretary of state

any amendment to its articles of organization or certificate of registration or any articles of

dissolution, cancellation of registration, merger, or consolidation as prescribed by this chapter; or

(7) A misrepresentation has been made of any material matter in any application, report,

affidavit, or other document submitted by the limited-liability company pursuant to this chapter.

(b) No certificate of organization or certificate of registration of a limited-liability

company shall be revoked by the secretary of state unless:

(1) The secretary of state shall have given the limited-liability company notice thereof not

less than sixty (60) days prior to such revocation ~~notice thereof~~ by regular mail addressed to the

resident agent in this state on file with the secretary of state's office, which notice shall specify

the basis for the revocation; provided, however, that if a prior mailing addressed to the address of

the resident agent of the limited-liability company in this state currently on file with the secretary

of state's office has been returned ~~to the secretary of state~~ as undeliverable by the United States

Postal Service for any reason, or if the revocation notice is returned as undeliverable ~~to the~~

~~secretary of state's office~~ by the United States Postal Service for any reason, the secretary of state

shall give notice as follows:

(i) To the limited-liability company, domestic or foreign, at its principal office of record

as shown in its most recent annual report, and no further notice shall be required; or

(ii) In the case of a limited-liability company ~~which~~ that has not yet filed an annual

report, then to the domestic limited-liability company at the principal office in the articles of

organization or to the authorized person listed on the articles of organization, or to the foreign

limited-liability company at the office required to be maintained by the limited-liability company

in its state of organization, and no further notice shall be required; and

(2) The limited-liability company fails prior to revocation to file the annual report, pay

the fees or taxes, file the required statement of change of resident agent, file the articles of

amendment or amendment to its registration or articles of dissolution, cancellation of registration,

merger, or consolidation, or correct the misrepresentation.

SECTION 3. Chapter 7-16 of the General Laws entitled "The Rhode Island Limited-

Liability Company Act" is hereby amended by adding thereto the following section:

67)

Section

Add Chapter Numbers:

7-16-67.1

371 and 376

7-16-67.1. Revocation of articles or authority to transact business for nonpayment of fee.

(a) The tax administrator may, after July 15 of each year, make up a list of all limited-

liability companies ~~which~~ that have failed to pay the fee defined in §7-16-67 for one year after

the fee became due and payable, and the failure is not the subject of a pending appeal. The tax

administrator shall certify to the correctness of the list. Upon receipt of the certified list, the

secretary of state may initiate revocation proceedings as defined in §7-16-41.

(b) With respect to any information provided by the division of taxation to the secretary

of state pursuant to this chapter, the secretary of state, together with the employees or agents

thereof, shall be subject to all state and federal tax confidentiality laws applying to the division of

taxation and the officers, agents, and employees thereof, and which restrict the acquisition, use,

storage, dissemination, or publication of confidential taxpayer data.

68)

Section

Amend Chapter Numbers:

8-2-39.2

369 and 377

8-2-39.2. Drug court magistrate -- Appointment, duties and powers.

(a) For the purposes of this chapter:

(1) "Non-violent" means and includes all charges that are not crimes of violence, the

following being a list of all charges considered to be crimes of violence for the purposes of this

section: murder, manslaughter, first-degree arson, kidnapping with intent to extort, robbery, first-

degree sexual assault, second-degree sexual assault, first-and second-degree child molestation,

assault, assault with intent to murder, assault with intent to rob, assault with intent to commit

first-degree sexual assault, entering a dwelling house with intent to commit murder, robbery, or

sexual assault.

(2) "Drug-addicted person" means a person who exhibits a maladaptive pattern of

behavior resulting from drug use, including one or more of the following: impaired control over

drug use; compulsive use; and/or continued use despite harm, and craving.

(b) There is hereby created within the superior court the position of Ddrug Ccourt

Mmagistrate who shall be appointed by the presiding justice of the superior court with the advice

and consent of the senate. The persons appointed to serve as Ddrug Ccourt Mmagistrates shall be

members of the bar of Rhode Island. The powers and duties of the Ddrug Ccourt Mmagistrate

shall be prescribed in the order appointing him or her in addition to those described herein.

The Ddrug Ccourt Mmagistrate's term shall be ten (10) years and until a successor is

appointed and qualified. Nothing in this ~~article~~ section shall prohibit a Ddrug Ccourt Mmagistrate from

being reappointed for additional ten-~~(10)~~ year (10) terms by the presiding justice of the superior

court with the advice and consent of the senate. He or she shall receive a salary equivalent to that

received by the special magistrate assigned to the superior court. The Ddrug Ccourt Mmagistrate

shall preside over the Aadult Ddrug Ccourt. The Aadult Ddrug Ccourt Pprogram shall combine

the coercive powers of the court with a therapeutic regimen in order to rehabilitate drug addicted

defendants.

court justice all matters relating to those adult offenders who come before the jurisdiction of the

superior court on any offense relating to the offender's participation in the Aadult Ddrug Ccourt.

In addition, the Ddrug Ccourt Mmagistrate shall have the power to impose a period of

incarceration upon a plea of guilty or nolo contendere, and also have the power to confine any

person who has been found to be in violation of any conditions previously imposed by the

superior court.

(d) The Ddrug Ccourt Mmagistrate shall make the final determination as to whether a

defendant is admitted into the program. Individuals meeting the following criteria, shall be

screened by staff working at the office of the attorney general upon the department's own

referral,; upon a request by counsel entered on behalf of a defendant; upon request by a judge of

the superior or district court, or, in the case of a person waivable by the family court, by a judge

of that court,; or the department of corrections for admittance into the Aadult Ddrug Ccourt:

(1) The individual is charged with or convicted of an alcohol-or drug-related offense or

with an appropriate non-violent offense.

(2) The individual has no pending charges ~~or prior convictions~~ for felony crimes of

violence.

(3) The individual has no pending charges ~~or prior convictions~~ for delivery of a

controlled substance.

(4) The defendant is a drug-addicted person.

(e) All individuals accepted into Ddrug Ccourt will be bound by a Ddrug Ccourt contract,

as defined by the Aadult Ddrug Ccourt, ~~which~~ that sets forth the court's expectations,; the role

and responsibilities of the Ddrug Ccourt,; the conditions imposed upon and the responsibilities of

the defendant,; and the treatment plan goals and strategies. If a defendant fails to abide by the

Ddrug Ccourt conditions and orders, he or she may be terminated from the program by the Ddrug

Ccourt judge and sentenced as he or she deems appropriate.

(f) The Ddrug Ccourt Mmagistrate shall be empowered to hear and decide as a superior

court justice all matters that may come before the superior court pursuant to chapter 37.1 of title

11 "Ssexual Ooffender Rregistration and Ccommunity Nnotification."

(g) The Ddrug Ccourt Mmagistrate and/or the presiding justice of the superior court may

fix the venue of any person who is before the superior court as a participant in the Adult Drug

Court or who is alleged to be a sexual predator, and who has filed an objection to community

notification.

(h) In addition, at the discretion of the presiding justice of the superior court, the drug

court magistrate shall have the duties, responsibilities, and powers authorized in subsections 8-2-

39(b), (c) and (d).

(i) The Ddrug Ccourt Mmagistrate shall be governed by the commission on judicial

tenure and discipline, chapter 16 of title 8, in the same manner as justices and judges; shall be

subject to all provisions of the canons of judicial ethics or code of judicial conduct; and shall be

subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2.

(j) A party aggrieved by an order entered by the Ddrug Ccourt Mmagistrate shall be

entitled to a review of the order by a justice of the superior court. Unless otherwise provided in

the rules of procedure of the court, such review shall be on the record and appellate in nature. The

superior court shall, by rules of procedure, establish procedures for reviews of orders entered by a

Ddrug Ccourt Mmagistrate, and for enforcement of contempt adjudications of a Ddrug Ccourt

Mmagistrate.

69)

Section

Add Chapter Numbers:

8-2-39.3

342 and 353

8-2-39.3. Superior court diversion.

In accordance with §8-6-2, the superior court may create, with the approval of the

supreme court, rules for a superior court diversion program. The presiding justice may assign a

justice or magistrate to administer the diversion program, in which the defendant enters a plea to

the pending matter and agrees to written contractual conditions of diversion with the justice or

magistrate, including reporting to the court as instructed for reviews, until such time as the

defendant has completed the diversion program to the court's satisfaction and all reviews are

completed. Contractual conditions may include, but are not limited to, compliance with

counseling, community service, and restitution obligations.

70)

Section

Amend Chapter Numbers:

8-8-3.1

461 and 474

8-8-3.1. Equitable powers as to housing matters.

(a) In addition to the powers heretofore exercised, the district court and any court created

by municipal ordinance pursuant to §8-8-3(a)(4) is hereby empowered, in furtherance of its

jurisdiction under § 8-8-3(a)(4), to grant such orders, including temporary restraining orders, and

preliminary and permanent injunctions as justice and equity may require.

(b) Any court created by municipal ordinance pursuant to §8-8-3(a)(4) is hereby

empowered in furtherance of its jurisdiction to order a building into receivership pursuant to the

provisions of chapter 44 of title 34 ("abandoned property").

71)

Section

Amend Chapter Numbers:

8-8.1-3

374 and 385

8-8.1-3. Protective orders -- Penalty – Jurisdiction.

(a) A person suffering from domestic abuse may file a complaint in the district court

requesting any order which will protect her or him from the abuse, including but not limited to the following:

(1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere, whether

the defendant is an adult or minor;

(2) Ordering the defendant to vacate the household forthwith, unless the defendant holds

sole legal interest in the household;

(3) Upon motion by the plaintiff, his or her address shall be released only at the discretion

of the district court judge;

(4) Ordering the defendant to surrender physical possession of all firearms in ~~their~~ his or her

possession, care, custody, or control and shall further order a person restrained not to purchase or

receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The

defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective

order to the Rhode Island state police or local police department or to a federally licensed

firearms dealer.

(i) A person ordered to surrender possession of any firearm(s) pursuant to this section

shall, within seventy-two (72) hours after being served with the order, either:

(A) File with the court a receipt showing the firearm(s) was physically surrendered to the

Rhode Island state police or local police department, or to a federally licensed firearm dealer; or

(B) Attest to the court that, at the time of the order, the person had no firearms in ~~their~~ his or her

immediate physical possession or control, or subject to their immediate physical possession or

control, and that the person, at the time of the attestation, has no firearms in ~~their~~ his or her

immediate physical possession or control or subject to ~~their~~ his or her immediate physical

possession or control.

(ii) If a person restrained under this section transfers a firearm(s) to a federally licensed

firearms dealer pursuant to this section, the person restrained under this section may instruct the

federally licensed firearms dealer to sell the firearm(s) or to transfer ownership in accordance

with state and federal law, to a qualified named individual who is not a member of the person's

dwelling house, who is not related to the person by blood, marriage, or relationship as defined by

§15-15-1(3) (7), and who is not prohibited from possessing firearms under state or federal law. The

owner of any firearm(s) sold shall receive any financial value received from ~~their~~ its sale, less the

cost associated with taking possession of, storing, and transferring of the firearm(s).

(iii) Every individual to whom possession of a firearm(s) is transferred pursuant to this

subsection shall be prohibited from transferring or returning any firearm(s) to the person

restrained under this section while the protective order remains in effect and shall be informed of

this prohibition. Any knowing violation of this subsection is a felony ~~which~~ that shall be

punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a

term of not less than one year and not more than five (5) years, or both.

(iv) An individual to whom possession of a firearm(s) is transferred pursuant to this

subsection shall return a firearm(s) to the person formerly restrained under this section only if the

person formerly restrained under this section provides documentation issued by a court indicating

that the restraining order issued pursuant to this section that prohibited the person from

purchasing, carrying, transporting, or possessing firearms has expired and has not been extended.

~~(4)~~(b) After notice to the respondent and after a hearing, which shall be held within

fifteen (15) days of surrendering said firearms, the court , in addition to any other restrictions,

may, for any protective order issued or renewed on or after July 1, 2017, continue the order ~~the~~

~~defendant to~~ of surrender ~~physical possession of all firearms in his or her possession, care,~~

~~custody or control~~, and shall further order a person restrained under this section not to purchase or

receive, or attempt to purchase or receive, any firearms while the protective order is in effect.

(b) ~~Any individual who accepts physical possession of a firearm pursuant to this section~~

~~is prohibited from returning any firearm to any defendant under a restraining order during the~~

~~existence of the restraining order. Violation of this provision shall subject both the defendant and~~

~~the individual responsible for the return of the firearm to the defendant, to being found in~~

~~contempt of court.~~

~~at the hearing for a protective order, the defendant may~~ a person restrained under this section

shall be ordered pursuant to §11-47-5, to surrender possession or control of any firearms and not

to purchase or receive, or attempt to purchase or receive, any firearms ~~for a period not to exceed~~

~~the duration of the~~ while the restraining order is in effect. The form shall further provide that any

person who has surrendered their firearms shall be afforded a hearing within fifteen (15) days of

surrendering their firearms.

(d) ~~If the defendant is present in court at a duly noticed hearing, the court may, in~~

~~addition to any other restrictions, order the defendant to physically surrender any firearm(s) in~~

~~that person's immediate physical possession or control, or subject to that person's immediate~~

~~physical possession or control, within twenty-four (24) hours of the order, by surrendering the~~

~~possession of the firearm(s) to the control of any individual not legally prohibited from~~

~~possessing a firearm who is not related to the defendant by blood, marriage, or relationship as~~

~~defined by § 15-15-1(3), (4), or (5) of the Rhode Island general laws, or by surrendering any~~

~~firearm(s) to the Rhode Island state police or local police department, or by surrendering the~~

~~firearm(s) to a licensed gun dealer. If the defendant is not present at the hearing, the defendant~~

~~shall surrender the firearm(s) within forty-eight (48) hours after being served with the order. A~~

~~person ordered to surrender possession of any firearm(s) pursuant to this subsection shall file with~~

~~the court a receipt showing the firearm(s) was either physically surrendered to an individual not~~

~~legally prohibited from possessing a firearm who is not related to the defendant by blood,~~

~~marriage, or relationship as defined by § 15-15-1(3), (4), or (5) or surrender to a licensed gun~~

~~dealer within seventy-two (72) hours after receiving the order. Any defendant transporting a~~

~~firearm to surrender in accordance with the above shall not be liable to prosecution under § 11-~~

~~47-8.~~

Any firearm surrendered in accordance with this section to the Rhode Island state police

or local police department shall be returned to the person formerly restrained under this section

upon their request when:

(1) The person formerly restrained under this section produces documentation issued by a

court indicating that the restraining order issued pursuant to this section that prohibited the person

from purchasing, carrying, transporting, or possessing firearms has expired and has not been

extended; and

(2) The law enforcement agency in possession of the firearms determines that the person

formerly restrained under this section is not otherwise prohibited from possessing a firearm under

state or federal law.

(3) The person required to surrender ~~their~~ his or her firearms pursuant to this section

shall not be responsible for any costs of storage of any firearms surrendered pursuant to this

section.

(e) The Rhode Island state police are authorized to develop rules and procedures

pertaining to the storage and return of firearms surrendered to the Rhode Island state police or

local police departments pursuant to this section. The Rhode Island state police may consult with

the Rhode Island Police Chiefs' Association in developing rules and procedures.

(f) Nothing in this section shall be construed to limit, expand, or in any way modify

orders issued under §§12-29-4 or 15-5-19.

~~(e)~~(g) Nothing in this section shall limit a defendant's right under existing law to petition

the court at a later date for modification of the order.

(h) The court shall immediately notify the person suffering from domestic abuse whose

complaint gave rise to the protective order and the law enforcement agency where the person

restrained under this section resides of the hearing.

(i) The person suffering from domestic abuse, local law enforcement, and the person

restrained under this section shall all have an opportunity to be present and to testify when the

court considers the petition.

(j) At the hearing, the person restrained under this section shall have the burden of

showing, by clear and convincing evidence, that, if ~~their~~ his or her firearm rights were restored,

~~They~~ he or she would not pose a danger to the person suffering from domestic abuse or to any other person.

(1) In determining whether to restore a person's firearm rights, the court shall examine all

relevant evidence, including, but not limited to: the complaint seeking a protective order; the

criminal record of the person restrained under this section; the mental health history of the person

restrained under this section; any evidence that the person restrained under this section has, since

being served with the order, engaged in violent or threatening behavior against the person

suffering from domestic abuse or any other person.

(2) If the court determines, after a review of all relevant evidence and after all parties

have had an opportunity to be heard, that the person restrained under this section would not pose

a danger to the person suffering from domestic abuse or to any other person if ~~their~~ his or her

firearm rights were restored, then the court may grant the petition and modify the protective order

and lift the firearm prohibition.

(3) If the court lifts a person's firearms prohibition pursuant to this subsection, the court

shall issue the person written notice that ~~they are~~ he or she is no longer prohibited under this

section from purchasing or possessing firearms while the protective order is in effect.

~~(f)~~(k) The prohibition against possessing a firearm(s) due solely to the existence of a

domestic violence restraining order issued under this section shall not apply with respect to sworn

peace officers as defined in § 12-7-21 and active members of military service, including members

of the reserve components thereof, who are required by law or departmental policy to carry

departmental firearms while on duty or any person who is required by ~~their~~ his or her

employment to carry a firearm in the performance of ~~their~~ his or her duties. Any individual

exempted pursuant to this exception may possess a firearm only during the course of ~~their~~ his or

her employment. Any firearm required for employment must be stored at the place of

employment when not being possessed for employment use; all other firearm(s) must be

surrendered in accordance with ~~§ 8-8.1-3~~ this section.

~~(g)~~(l) Any violation of the aforementioned protective order shall subject the defendant to

being found in contempt of court.

~~(h)~~(m) No order shall issue under this section ~~which~~ that would have the effect of

compelling a defendant who has the sole legal interest in a residence to vacate that residence.

~~(i)~~(n) The contempt order shall not be exclusive and shall not preclude any other

available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of

time not to exceed three (3) years, at the expiration of which time the court may extend any order

upon motion of the plaintiff for such additional time as it deems necessary to protect the plaintiff

from abuse. The court may modify its order at any time upon motion of either party.

~~(j)~~(o) Any violation of a protective order under this chapter of which the defendant has

actual notice shall be a misdemeanor ~~which~~ that shall be punished by a fine of no more than one

thousand dollars ($1,000) or by imprisonment for not more than one year, or both.

~~(k)~~(p) The penalties for violation of this section shall also include the penalties provided

under § 12-29-5.

~~(l)~~(q) "Actual notice" means that the defendant has received a copy of the order by

service thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-5(d).

~~(m)~~(r) The district court shall have criminal jurisdiction over all violations of this chapter.

72)

Section

Amend Chapter Numbers:

8-15-9.3

65 and 70

8-15-9.3. Public inspection of court payments owed.

(a) Notwithstanding any other provision of law, the director of the finance section on a

quarterly basis shall prepare a list of the one hundred (100) delinquent persons who owe the

largest amount of court-imposed or court-related fees, fines, court costs, assessments, charges,

and/or any other monetary obligations due and owing to the state ~~which~~ that have been unpaid

for a period in excess of ninety (90) days from the date that any such amounts were due and are

not the subject of a court-ordered payment plan in good standing. (The above fees are hereinafter

referred to as "Ooverdue Ccourt Ffees".) The list shall contain the name, city or town, and state of

each person who owes Ooverdue Ccourt Ffees as of the end of the quarter, together with the total

amount owed, and the date of disposition. No person owing Ooverdue Ccourt Ffees shall be

included on such list if the underlying matter in which Ooverdue Ccourt Ffees were imposed, or

the amount of the fees, is the subject of an appeal.

(b) [Deleted by P.L. 2016, ch. 35, § 1 and P.L. 2016, ch. 36, § 1].

inspection and shall be published on the website that is maintained by the courts; provided,

however, that any such list prepared by the director shall not include any individual's social

security number or driver's license number.

73)

Section

Amend Chapter Numbers

9-8-3

66 and 71

9-8-3. Dismissal for lack of prosecution.

(a) The supreme court, the superior court, the family court, or the district court, or the

traffic tribunal, may, at any time, in its discretion, dismiss actions at law and other proceedings

for lack of prosecution ~~which~~ that have been pending for five (5) years or more, after notice and

opportunity for hearing.

(b) Notice that an action or proceeding will be in order for dismissal on a day certain

shall be given by the moving party (or by the clerk if upon the court's own motion) by mailing

written notice to the attorney of record, or if there is no attorney of record or the attorney ~~has~~ is

deceased, then to the party if his or her address appears in the papers of the case. In the event

there is no attorney of record, or he or she is deceased, and the address of the party is unknown,

notice may be given by insertion of a newspaper advertisement published in a daily newspaper

~~which~~ that has circulation in the county or district where the action was instituted, at least once.

A certificate of the notice given shall be placed in the papers by the clerk.

74)

Section

Amend Chapter Numbers:

9-8-5

66 and 71

9-8-5. Annual action by court.

(a) Thereafter, during the first week in February in each year, or as soon as thereafter is

practicable, all actions at law, and other proceedings designated by the respective courts, deemed

by the court to be inactive and then pending in the supreme court, the superior court, the family

court, or the district court, or the traffic tribunal, for five (5) years or more, may be dismissed for

lack of prosecution, without costs. Entries of such dismissals shall be made as of course by the

clerk, upon order of the chief justice, presiding justice, or chief judges, or chief magistrate, of the

respective courts, after notice has been duly given of the date upon which the cases will stand

dismissed. The notice shall be given once a week for two (2) successive weeks at least three (3)

weeks before the date in a newspaper having general circulation in the county or district where

the action is pending.

(b) Upon the date any party desiring to be heard in opposition to dismissal of a case in

which he or she appears may appear before the respective court (in the superior court before the

presiding justice) and be heard thereon, and the court may in its discretion dismiss or stay

dismissal of the case for such period as it may fix. Extensions of the period may also be granted.

Any adversary party shall not be thereby prevented from making a special motion for dismissal

within the period so fixed or extended.

75)

Section

Amend Chapter Numbers:

10-9.1-9

72 and 101

10-9.1-9. Review.

An aggrieved party ~~may seek~~ seeking review of a final judgment entered in a proceeding

brought under this chapter shall do so 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.

76)

Section

Amend Chapter Numbers:

11-5-2

344 and 354

11-5-2. Felony assault.

(a) Every person who shall make an assault or battery, or both, with a dangerous weapon,

or with acid or other dangerous substance, or by fire, or an assault or battery ~~which~~ that results in

serious bodily injury, shall be guilty of a felony assault. If such assault results in serious bodily

injury, it shall be punished by imprisonment for not more than twenty (20) years. Every other

felony assault which results in bodily injury or no injury shall be punished by imprisonment for

not more than six (6) years.

(b) Where the provisions of "The Domestic Violence Prevention Act", chapter 29 of title

12, are applicable, the penalties for violation of this section shall also include the penalties as

provided in § 12-29-5.

(1) Creates a substantial risk of death;

(2) Causes protracted loss or impairment of the function of any bodily part, member, or

organ; or

(3) Causes serious permanent disfigurement or circumcises, excises, or infibulates the

whole or any part of the labia majora or labia minora or clitoris of a person.

(d) "Bodily injury" means physical injury that causes physical pain, illness, or any

impairment of physical condition.

SECTION 2. Section 11-41-5 of the General Laws in Chapter 11-41 entitled "Theft,

Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:

77)

Section

Amend Chapter Numbers:

11-9-9

157 and 163

11-9-9. Powers of family court.

Where in §§ 11-9-1 -- 11-9-8 any authority is vested in any court, the authority vested in

the court or courts mentioned is transferred to the family court. The family court shall have

exclusive original jurisdiction over any and all complaints and offenses set forth in §§ 11-9-1 --

11-9-8, 11-9-12, 11-9-14, and 11-9-15, and shall have the authority to impose sentence as set

forth in chapter 1 of title 14. Notwithstanding the provisions of this section, jurisdiction for

violations of §§ 11-9-1, 11-9-1.1, 11-9-1.2, 11-9-1.3, 11-9-1.5, 11-9-5.3 shall be vested in the

superior court.

78)

Section

Amend Chapter Numbers:

11-9-13.10

409 and 426

11-9-13.10. Prohibition on the distribution of free tobacco products.

The distribution of free tobacco products and electronic nicotine-delivery systems or

coupons or vouchers redeemable for free tobacco or electronic nicotine-delivery system products

to any person under eighteen (18) years of age shall be prohibited. Further, the distribution of free

tobacco products or electronic nicotine-delivery systems or coupons or vouchers redeemable for

free tobacco or electronic nicotine-delivery systems products shall be prohibited, regardless of the

age of the person to whom the products, coupons, or vouchers are distributed, within five hundred

(500) feet of any school. The attorney general, or any local or state of Rhode Island police

department, or their officer or agents, shall bring an action for any violation of this section. Every

separate, free tobacco product or electronic nicotine-delivery system or coupon or voucher

redeemable for a free tobacco or electronic nicotine-delivery system or product in violation of this

section shall constitute a separate offense subject to a fine of five hundred dollars ($500). The

penalty shall be assessed against the business or individual responsible for initiating the Rhode

Island distribution of the free tobacco products or electronic nicotine-delivery systems or coupons

or vouchers redeemable for free tobacco products or electronic nicotine-delivery systems.

79)

Section

Amend Chapter Numbers:

11-9-13.13

409 and 425

11-9-13.13. Nature and size of penalties.

(a) Any person or individual who violates a requirement of § 11-9-13.6(2), display of

specific signage, shall be subject to a fine in court of not less than thirty-five dollars ($35.00), nor

more than five hundred dollars ($500), per civil violation.

(b) The license holder is responsible for all violations of this section that occur at the

location for which the license is issued. Any license holder who or that violates the prohibition of

§ 11-9-13.8(1) and/or (2) or §11-9-13.20 shall be subject to civil fines as follows:

(1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six-

month (36) period;

(2) A fine of five hundred dollars ($500) for the second violation within any thirty-six-

month (36) period;

(3) A fine of one thousand dollars ($1,000) and a fourteen-day (14) suspension of the

license to sell tobacco products or electronic nicotine-delivery systems for the third violation

within any thirty-six-month (36) period;

(4) A fine of one thousand five hundred dollars ($1,500) and a ninety-day (90)

suspension of the license to sell tobacco products or electronic nicotine-delivery systems for each

violation in excess of three (3).

cigarettes; § 11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a penalty of five

hundred dollars ($500) for each violation.

(d) The department of taxation and/or the department of health shall not issue a license to

any individual, business, firm, association, or corporation, the license of which has been revoked

or suspended,; to any corporation, an officer of which has had his or her license revoked or

suspended,; or to any individual who is, or has been, an officer of a corporation the license of

which has been revoked or suspended so long as such revocations or suspensions are in effect.

(e) The court shall suspend the imposition of a license suspension of the license secured

from the Rhode Island tax administrator for violation of ~~subdivisions~~ subsections (b)(3) and

(b)(4) of this section if the court finds that the license holder has taken measures to prevent the

sale of tobacco and/or electronic nicotine-delivery systems to minors and the license holder can

demonstrate to the court that those measures have been taken and that employees have received

training. No person shall sell tobacco products and/or electronic nicotine-delivery system

products at retail without first being trained in the legal sale of tobacco and/or electronic nicotine-

delivery system products. Training shall teach employees what constitutes a tobacco and/or

electronic nicotine-delivery system product; legal age of purchase; acceptable identification; how

to refuse a direct sale to a minor or secondary sale to an adult; and all applicable laws on tobacco

sales and distribution. Dealers shall maintain records indicating that the provisions of this section

were reviewed with all employees who conduct, or will conduct, tobacco and/or electronic

nicotine-delivery systems sales. Each employee who sells or will sell tobacco and/or electronic

nicotine-delivery system products shall sign an acknowledgement form attesting that the

provisions of this section were reviewed with him or her. Each form shall be maintained by the

retailer for as long as the employee is so employed and for no less than one year after termination

of employment. The measures to prevent the sale of tobacco and/or electronic nicotine-delivery

systems to minors shall be defined by the department of behavioral healthcare, developmental

disabilities and hospitals in rules and regulations.

80)

Section

Amend Chapter Numbers:

11-9-13.16

409 and 426

11-9-13.16. Rules and regulations.

The department of ~~mental health, retardation and hospitals~~ behavioral healthcare,

developmental disabilities and hospitals shall promulgate the rules and regulations necessary to

fulfill the intent of §§ 11-9-13.2 -- ~~11-9-13.19~~ 11-9-13.20.

81)

Section

Amend Chapter Numbers:

11-9-13.17

409 and 426

11-9-13.17. Fines collected.

(a) One-half (1/2) of all the fines collected pursuant to §§ 11-9-13.2 -- ~~11-9-13.19~~ 11-9-

13.20 shall be transferred to the municipalities in which the citation originated.

(b) One-half (1/2) of all the fines collected pursuant to §§ 11-9-13.2 -- ~~11-9-13.19~~ 11-9-

13.20 shall be transferred to the general fund.

82)

Section

Add Chapter Numbers:

11-9-13.20

409 and 426

11-9-13.20. Packaging of electronic nicotine-delivery system liquid.

(a) No liquid, whether or not such liquid contains nicotine, that is intended for human

consumption and used in an electronic nicotine-delivery system, as defined in §11-9-13.4, shall

be sold unless the liquid is contained in child-resistant packaging.

(b) Any liquid nicotine container that is sold at retail in this state must satisfy the child-

resistant effectiveness standards set forth in 16 C.F.R. §1700.15(b), when tested in accordance

with the method described in 16 C.F.R. §1700.20. All licensees under §23-1-56 shall ensure that

any liquid sold by the licensee intended for human consumption and used in an electronic-

nicotine delivery system, as defined in §11-9-13.4, is sold in a liquid nicotine container that meets

the requirements described and referenced in this subsection.

container of a liquid or other substance where the liquid or substance is sold, marketed, or

intended for use in a vapor product. A "liquid nicotine container" does not include a liquid or

other substance in a cartridge that is sold, marketed, or intended for use in a vapor product,

provided that such cartridge is prefilled and sealed by the manufacturer, and not intended to be

opened by the consumer.

(d) Any licensee or any person required to be licensed under §23-1-56 who or that fails

to comply with this section shall be subject to the penalties provided in §11-9-13.13.

(e) The licensee is responsible for all violations of this section that occur at the location

for which the license is issued.

(f) No licensee or person shall be found in violation of this section if the licensee or

person relied in good faith on documentation provided by or attributed to the manufacturer of the

packaging of the aforementioned liquid that such packaging meets the requirements of this

section.

84)

Section

Add Chapter Numbers:

11-18-34

133 and 146

11-18-34. Residential Mortgage Fraud.

(a) For purposes of this section, the following definitions shall apply:

(1) "Mortgage lending process" means the process through which a person seeks or

obtains a residential mortgage loan including, but not limited to, solicitation, application, or

origination, negotiation of terms, real estate appraisals and surveys, third-party provider services,

underwriting, signing and closing, and funding of the loan.

(2) "Pattern of residential mortgage fraud" means one or more violations of subsection

(b)(l) or (b)(2) of this section that involve two (2) or more residential mortgage loans and that

have the same or similar intents, results, accomplices, or methods of commission or otherwise

result from comparable actions or omissions.

(3) "Person" means an individual, corporation, company, limited liability company,

partnership, trustee, association, or any other entity.

(4) "Residential mortgage loan" means a loan or agreement to extend credit made to a

person, which loan is secured by a deed to secure debt, security deed, mortgage, security interest,

deed of trust, promissory note, or any other document representing a security interest or lien upon

any interest in a one-to four~~(4)~~-family-(4)residential property including the renewal, modification,

or refinancing of any such loan.

(5) "Victim" means a person who experienced personal loss, including, but not limited to

monetary loss, due to a violation of subsection (b) of this section.

(b) A person commits residential mortgage fraud when, with the intent to defraud, such

person:

(1) Knowingly makes an omission of a material fact or a written misrepresentation or

misstatement of a material fact during the mortgage lending process with the intention that a

mortgage lender, a borrower, or any other person who or that is involved in the mortgage lending

process will rely on the absence of such material fact or the making of such material

misrepresentation or misstatement; or

(2) Knowingly uses or facilitates the use, or attempts to use or facilitate the use, of any

omission of a material fact or written misrepresentation or misstatement of a material fact during

the mortgage lending process with the intention that a mortgage lender, a borrower, or any other

person who or that is involved in the mortgage lending process will rely on the absence of such

material fact or the making of such material misrepresentation or misstatement; or

(3) Knowingly receives, or attempts to receive, proceeds or any other funds in

connection with a residential mortgage transaction that resulted from an act or acts constituting a

violation of subsection (b)(l) or (b)(2) of this section; or

(4) Conspires with or solicits another to engage in an act or acts constituting a violation

of subsection (b)(l) or (b)(2) of this section; or

(5) Files, or causes to be filed, with a city or town clerk any document involved in the

mortgage lending process that the person knows to contain an omission of a material fact or a

written misrepresentation or misstatement of a material fact.

following penalties:

(1) Any person who commits an offense under subsection (b) of this section shall be

guilty of a felony and subject to imprisonment for not more than ten (10) years, a fine of not more

than ten thousand dollars ($10,000), or both.

(2) Any person who engages or participates in a pattern of residential mortgage fraud, or

conspires or endeavors to engage or participate in a pattern of residential mortgage fraud, shall be

guilty of a felony and subject to imprisonment for not more than twenty (20) years, a fine of not

more than one hundred thousand dollars ($100,000), or both.

(3) Any person who commits an offense and knew that the victim was vulnerable due to

age, disability, infirmity, reduced physical or mental capacity, or national origin shall be guilty of

a felony and subject to imprisonment for not more than fifteen (15) years, a fine of not more than

fifteen thousand dollars ($15,000), or both.

(4) The court shall order restitution to any victim.

(5) In addition to any criminal penalties above, any person found in violation of this

section shall forfeit anything of value received by them in the course of such violation, less any

restitution they actually paid pursuant to subsection (c)(4) of this section. Action for recovery of

these amounts shall be brought in the superior court of any county in which any element of the

crime occurred. The actions shall be brought in the name of the state by the attorney general for

the benefit and use of the state.

(d) It shall be sufficient in any prosecution for residential mortgage fraud to show that the

party accused did the act with the intent to defraud. It shall be unnecessary to show that any

particular person was harmed financially in the transaction or that the person to whom the

material misstatement, misrepresentation, or omission was made relied upon the misstatement,

misrepresentation, or omission.

85)

Section

Amend Chapter Numbers:

11-37.1-2

232 and 260

11-37.1-2. Definitions.

(a) "Aggravated offense" means, and includes, offenses involving sexual penetration of

victims of any age through the use of force, or the threat of use of force, or offenses involving

sexual penetration of victims who are fourteen (14) years of age or under.

(b) "Board", "board of review", or "sex offender board of review" means the sex offender

board of review appointed by the governor pursuant to § 11-37.1-6.

(i) A judgment of conviction has been entered against any person for any offense

specified in subsection (e) or (k), regardless of whether an appeal is pending; or

(ii) There has been a finding of guilty for any offense specified in subsection (e) or (k),

regardless of whether an appeal is pending; or

(iii) There has been a plea of guilty or nolo contendere for any offense specified in

subsection (e) or (k), regardless of whether an appeal is pending; or

(iv) There has been an admission of sufficient facts or a finding of delinquency for any

offense specified in subsection (e) or (k), regardless of whether or not an appeal is pending.

(2) Provided, in the event that a conviction, as defined in this subsection, has been

overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall

no longer be required to register as required by this chapter and any records of a registration shall

be destroyed. Provided, further, that nothing in this section shall be construed to eliminate a

registration requirement of a person who is again convicted of an offense for which registration is

required by this chapter.

(d) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1].

(e) "Criminal offense against a victim who is a minor" means, and includes, any of the

following offenses or any offense in another jurisdiction that is substantially the equivalent of the

following or for which the person is or would be required to register under 42 U.S.C. § 14071 or

18 U.S.C. § 4042(c):

(1) Kidnapping or false imprisonment of a minor, in violation of §§ 11-26-1.4, 11-26-1 or

11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age of

eighteen (18) years;

(2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6,

11-37-8, 11-37-8.1, 11-37-8.3;

(3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

(4) Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34

of this title and the victim, or person solicited to commit the offense, is under the age of eighteen

(18) years;

(5) Any violation of § 11-9-1(b) or (c);

(6) Any violation of § 11-9-1.3;

(7) Any violation of § 11-9-1.5;

(8) Any violation of § 11-37.1-10;

(9) Any violation of § 11-37-8.8;

(10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years;

(11) Murder in violation of § 11-23-1, where the murder was committed in the

perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is

under eighteen (18) years of age; or

(12) ~~Any violation of § 11-67-6~~ Any violation of §§11-67-6, 11-67.1-3(b), 11-67.1-4(b),

11-67.1-5(c), 11-67.1-6(b), or 11-67.1-7(b).

(f) "Designated state law enforcement agency" means the attorney general, or his or her

designee.

(g) "Employed, carries on a vocation" means and includes the definition of "employed,

carries on a vocation" under 42 U.S.C. § 14071.

(h) "Institutions of higher education" means any university, two- or four-year (2 or 4)

college or community college.

(i) "Mental abnormality" means a congenital or acquired condition of a person that affects

the emotional or volitional capacity of the person in a manner that predisposes that person to the

commission of criminal sexual acts to a degree that makes the person a menace to the health and

safety of other persons.

(j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger, or

at a person with whom a relationship has been established or promoted for the primary purpose of

victimization.

(k) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-37-4,

11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial

sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual

activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1-

6(c); or 11-5-1, where the specified felony is sexual assault; or § 11-23-1, where the murder was

committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual

assault or child molestation; or any offense in another jurisdiction that is substantially the

equivalent of any offense listed in this subsection or for which the person is or would be required

to register under 42 U.S.C. § 14071 or 18 U.S.C. § 4042(c).

(l) "Sexually violent predator" means a person who has been convicted of a sexually

violent offense and who has a mental abnormality or personality disorder that makes the person

likely to engage in predatory sexually violent offenses.

(m) "Student" means, and includes, the definition of "student" under 42 U.S.C. § 14071.

(n) "Parole board" means the parole board or its designee.

86)

Section

Amend Chapter Numbers:

11-37.1-11

339 and 348

11-37.1-11. Release of information.

(a) Except as otherwise provided by this chapter or as provided in subsections (b) or (c)

of this section, no information obtained under this chapter shall be released or transferred without

the written consent of the person or his or her authorized representative.

(b) No consent for release or transfer of information obtained under this chapter shall be

required in the following instances:

(1) Information may be disclosed to law enforcement agencies for law enforcement

purposes;

(2) Information may be disclosed to government agencies conducting confidential

background checks;

(3) The designated law enforcement agency and any local law enforcement agency

authorized by the state agency may release relevant information that is necessary to protect

individuals concerning a specific person required to register under this chapter, except that the

identity of a victim of an offense that requires registration under this section shall not be released;

(4) Information may be released or disseminated in accordance with the provisions of §

11-37.1-12; ~~and~~

(5) Information shall be disclosed by the local police department to the general public in

a city or town for those registered offenders determined to be either a level 2 or level 3 offender

as determined consistent with parole board guidelines. ; and

(6) Information shall be disclosed by the local police department to the local school

department for those registered offenders determined to be level 3 offenders by the parole board

for the purposes of notifying parents of students whose school bus stop is within one thousand

feet (1,000') of a level 3 sex offender's residence, which distance shall be measured from the

nearest boundary line of the real property supporting the residence of the level 3 sex offender to

the school bus stop.

pursuant to § 11-37.1-3(c) to any campus police agency appointed pursuant to § ~~16-15-2~~ 16-52-2 or police

for private institutions appointed pursuant to § 12-2.1-1 for any person having a duty to register

who is enrolled in, employed by or carrying on a vocation at an institution of higher education.

That agency may release relevant information that is necessary to protect individuals concerning

a specific person required to register under this chapter, except that the identity of a victim of an

offense that requires registration under this section shall not be released.

87)

Section

Add Chapter Numbers:

11-37.1-21

233 and 325

11-37.1-21. Duty of shelters and homeless shelters to notify law enforcement of the

presence of sex offenders.

(a) If any person convicted of any offense that requires sex offender registration pursuant

to this title, or otherwise has a duty to register ~~their~~ his or her address with the law enforcement

agency in the municipality in which they reside, is provided residence in any homeless shelter,

that person shall be required to inform the shelter of ~~their~~ his or her status and duty to register

and to provide ~~their~~ his or her name and date of birth to each shelter or homeless shelter where

~~they~~ he or she resides overnight.

(b) The obligation of the sex offender to provide the information required in subsection

(a) of this section, shall be on a continuing daily and nightly basis and ~~they~~ he or she shall

provide said information to each and every shelter or homeless shelter at which ~~they~~ he or she

takes up temporary residence regardless of the length of time ~~they~~ he or she stays at such shelter.

required to transmit that information to the local law enforcement agency and if there be none, to

the closest Rhode Island state police barracks before midnight of that day of the offender

registering or signing in for the day, night, or any portion of a day.

(d) Any homeless shelter that violates the provisions of this section shall upon a first

violation, be fined a civil penalty of up to five hundred dollars ($500),; for a second violation, by

a civil penalty of up to one thousand dollars ($1,000); and for a third or subsequent violation, by a

civil penalty of up to five thousand dollars ($5,000).

(e) Jurisdiction over any violation by a homeless shelter shall be in the Ddistrict Ccourt

in the county in which the shelter is physically located.

(f) Any sex offender who fails to disclose information as required by this chapter shall be

subject to the same penalties as set forth in §11-37.1-10.

88)

Section

Amend Chapter Numbers:

11-41-5

344 and 354

11-41-5. Penalties for larceny.

(a) Any person convicted of any offense under §§ 11-41-1 -- 11-41-6, except § 11-41-3,

if shall be punished as follows, according to the value of the property or money stolen, received,

embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false

pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert:

(1) If the value exceeds one thousand five hundred dollars ($1,500), and is less than five

thousand dollars ($5,000), by imprisonment for not more than three (3) years or by a fine of not

more than one thousand five hundred dollars ($1,500), or both;

(2) If the value exceeds five thousand dollars ($5,000), but is less than ten thousand

dollars ($10,000), by imprisonment for not more than six (6) years or by a fine of not more than

three thousand dollars ($3,000), or both; and

(3) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as

defined in § 11-47-5.1, regardless of its value, the person shall be punished by imprisonment for

not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.

If the value ~~of the property or money~~ does not exceed one thousand five hundred dollars ($1,500),

the person shall be punished by imprisonment for not more than one year, or by a fine of not more

than five hundred dollars ($500), or both. Any person convicted of an offense under § 11-41-2

who shall be found to have knowingly obtained the property from a person under eighteen (18)

years of age, notwithstanding the value of the property or money, shall be punished by

imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars

($5,000), or both.

(b) Any person convicted of an offense in violation of §§ 11-41-1 -- 11-41-7, except §

11-41-3, ~~which~~ that involves a victim who is a person sixty-five (65) years of age or older at the

time of the offense and which involves property or money stolen, received, embezzled,

fraudulently appropriated, converted, or obtained, received, taken, or secreted by false pretenses

or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert, with a value in

excess of five hundred dollars ($500), shall be punished by imprisonment for not less than two (2)

years but not more than fifteen (15) years or by a fine of not more than five thousand dollars

($5,000), or both. If the value of the property or money does not exceed five hundred dollars

($500), the person shall be punished by imprisonment for not less than one year but not more than

five (5) years or by a fine of not more than three thousand dollars ($3,000), or both.

89)

Section

Add Chapter Numbers:

11-47-5.4

374 and 385

11-47-5.4. Surrender of firearms after domestic violence offenses.

(a) A plea of nolo contendere, resulting in a filing or probation or conviction shall

prohibit the defendant from purchasing, carrying, transporting, or having in ~~their~~ his or her

possession any firearm. Upon such a plea or conviction, the court shall order the defendant to

surrender all firearms owned by the person or in the person's possession as described in this

section.

(1) Surrender shall be made within twenty-four (24) hours of prohibition to the Rhode

Island state police or local law enforcement or to a licensed gun dealer. The arresting law

enforcement agency shall be immediately notified by the court of the order to surrender firearms.

A law enforcement agency or licensed gun dealer taking possession of a firearm shall issue a

proof of surrender to the person surrendering the firearm. The proof of surrender must include the

name of the person, the date of surrender, and the serial number, manufacturer, and model of all

surrendered firearms.

(2) A defendant transporting a firearm to surrender in accordance with this section shall

not be liable to prosecution under §§11-47-5(d) or 11-47-8.

(3) The defendant shall, within forty-eight (48) hours after being served with the order,

either:

(i) File a copy of proof of surrender with the court of jurisdiction, and attest that all

firearms owned by the person or in the person's possession at the time of plea or conviction have

been surrendered in accordance with this section and that the person currently owns no firearms

and has no firearms in ~~their~~ his or her possession; or

(ii) Attest that, at the time of plea or conviction, the person owned no firearms and had no

firearms in their possession, and that the person currently owns no firearms and has no firearms in

~~their~~ his or her possession.

(4) The court of jurisdiction's copy of proof of surrender shall be kept under seal and

shall not be part of the public record.

(5) The Rhode Island state police are authorized to develop rules, regulations and

procedures pertaining to the storage of firearms that are surrendered pursuant to this section. The

Rhode Island state police may consult with the Rhode Island Police Chiefs' Association in

developing rules and procedures. Law enforcement agencies and departments shall observe due

care in the receipt and storage of any firearm surrendered pursuant to this section. No law

enforcement agency shall dispose of any firearm surrendered pursuant to this section unless that

firearm is abandoned as provided in this section. The Rhode Island state police may consult with

the Rhode Island Police Chiefs' Association in developing rules and procedures.

(6) A firearm surrendered to the Rhode Island state police or a local police department

under this section shall be deemed abandoned if:

(i) Six (6) years have passed from the date of the completion of the defendant's sentence

for an offense enumerated in §11-47-5(a)(4); and

(ii) During the two (2) years following the six ~~(6)~~-year (6) period described in subsection

(a)(6)(i) of this section, the Rhode Island state police or local police department has provided

notice to the defendant, on at least two (2) separate occasions, that if the firearm is not reclaimed

it shall be disposed of; and

(iii) After the two ~~(2)~~-year (2) period described in subsection (a)(6)(ii) of this section and

after notice to the defendant, the defendant fails to reclaim the firearm.

(7) The Rhode Island state police may dispose of an abandoned firearm at any time,

provided that no disposal shall occur while any appeal of the conviction for a crime enumerated

in §11-47-5(a)(4) is pending and provided that the owner of the firearm receives any financial

value generated from its disposal less the cost associated with disposing of the firearm.

90)

Section

Add Chapter Numbers:

11-47-5.5

374 and 385

11-47-5.5. Motion to lift firearms prohibition for persons convicted of specified

misdemeanor domestic violence offenses -- Consecutive prohibitions -- Return of

surrendered firearms.

(a) A person prohibited from purchasing, owning, carrying, transporting, or having in

their possession any firearm solely because of a plea of nolo contendere to or a conviction of an

offense enumerated in §11-47-5(a)(4) may file a motion in the district court to have that firearm

prohibition lifted in accordance with this section. A person who is otherwise prohibited under

state law from purchasing, owning, carrying, transporting, or having in their possession any

firearm shall not be eligible for relief under this section.

(b) Except for those cases where the defendant is eligible to reclaim firearms after the one

year completion of a filing or probation under §12-18-3, a person shall become eligible to file a

motion seeking relief under this section after five (5) years from the date of the completion of his

or her sentence, unless, during that five (5)-year period, the person enters a plea of nolo

contendere to or is convicted of any new offense enumerated in §11-47-5(a)(4).

(1) A person already prohibited from purchasing, owning, carrying, transporting, or

having in their possession any firearm under §11-47-5(a)(4) who pleads nolo contendere to or is

convicted of any new offense enumerated in §11-47-5(a)(4) shall be subject to an additional six

(6)-year firearm prohibition under §11-47-5(a)(4). That additional prohibition shall run

consecutively to the prohibition already in effect at the time the person pleaded nolo contendere

to or was convicted of the new offense.

(2) A person made subject to consecutive firearms prohibitions in accordance with this

subsection shall not become eligible to file a motion seeking relief under this section until their

consecutive prohibition periods have fully elapsed.

section.

(d) The district court shall schedule a hearing on a motion seeking relief under this

section no later than thirty (30) days from the date the motion is filed.

(e) The district court shall only consider whether the required amount of time to retrieve

the firearms has expired, and that no other legal prohibition exists to prevent the respondent from

recovering his or her firearms. If the court lifts a person's firearm prohibition pursuant to this

section, the court shall issue the person written notice that the person is no longer prohibited from

purchasing, owning, carrying, transporting, or having in ~~their~~ his or her possession any firearm

under §11-47-5(a)(4).

(f) A firearm surrendered to the Rhode Island state police or a local police department by

a person formerly prohibited under §11-47-5(a)(4) who is granted relief under this section shall

be returned to the person upon ~~their~~ his or her request when:

(1) The person formerly prohibited under §11-47-5(a)(4) provides written proof issued by

the court indicating that the firearm prohibition has been lifted pursuant to this section; and

(2) The Rhode Island state police or a local police department determines that the person

formerly prohibited under §11-47-5(a)(4) is not otherwise prohibited from possessing a firearm

under state or federal law.

(g) A court's grant of relief pursuant to this section shall not constitute an expungement,

nor shall it in any way impact, negate, or otherwise modify the person's prior conviction of an

offense enumerated in §11-47-5(a)(4).

91)	Section	Repeal Chapter Numbers:
	11-67	232 and 260
		11-67. [Chapter Repealed]

92)

Section

Add Chapter Numbers:

11-67.1

232 and 260

CHAPTER 67.1

UNIFORM ACT ON PREVENTION OF AND REMEDIES FOR HUMAN TRAFFICKING

93)

Section

Add Chapter Numbers:

12-1-17

51 and 60

12-1-17. Background checks for employees of religious organizations.

(a) In order to assist Rhode Island’s religious organizations and houses of worship

(hereinafter religious organization) with the ability to ensure that their staff, teachers, and

employees are of good moral character, all persons eighteen (18) years of age or older seeking to

work or volunteer for any religious organization shall, at the specific request of the religious

organization, be required to undergo a national criminal background check for the purpose of

determining whether the prospective employee or volunteer has been convicted of any crime.

(1) Participation of any religious organization with the system of background checks

created by this section is voluntary and any decision to request a national background check for

any person may be made at the sole discretion of the religious organization.

(2) "Disqualifying information" for purposes of this section shall mean those offenses

included in §§23-17-37, 11-37-1- ~~through~~ 11-37-8.4, and §§11-9-1- ~~through~~ 11-9-5.3.

(b) Any religious organization may require any applicant for employment or volunteer

activity, if that employment or activity involves routine contact with minors, to apply to the

bureau of criminal identification (BCI), the department of the attorney general, the state police, or

the local police department for a nationwide criminal records check. The check shall conform to

the applicable federal standards, including the requirement that the applicant provide a set of

fingerprints to facilitate the background check.

(1) It shall be the responsibility of the BCI to conduct the national criminal identification

check within fourteen (14) days of the applicant’s request.

shall inform the religious organization in writing, without disclosing the nature of the

disqualifying information, that an item of disqualifying nature has been discovered. In addition,

the BCI shall inform the applicant, in writing, of the nature of the disqualifying information.

(1) Upon receipt of the disqualifying information from the BCI, the applicant may, within

twenty (20) days of receipt thereof, request ~~that~~ that the BCI provide a copy of the information to

the religious organization which will have the discretion to determine whether the applicant is

eligible for employment or volunteer status.

(d) If no disqualifying information is found upon completion of the background check,

the BCI shall notify both the applicant and the religious organization, in writing, of this fact.

(e) Upon completion of the background check, and after the twenty- ~~(20)~~ day (20) period

referenced in subsection (c)(1) of this section, the BCI shall promptly destroy the fingerprints

provided by the applicant.

(f) No religious organization ~~who~~ that disqualifies an individual from employment or

volunteer activity as a result of its receipt of disqualifying information, shall be liable for civil

damages or subject to any claim, cause of action, or proceeding of any nature, as a result of such

disqualification.

(g) The applicant shall be responsible for the costs of conducting the nationwide criminal

records check.

94)

Section

Amend Chapter Numbers:

12-1.2-6

52 and 61

12-1.2-6. Candidates for director and other positions -- Selection -- Appointment --

Dismissals.

(a) Candidates for the position of director and all other positions of the crime laboratory

may be recommended to the commission by the executive secretary and/or other members of the

commission as well as from all other sources.

(b) The director and all other positions of the state crime laboratory shall be considered

~~limited appointment positions of the board of governors for higher education~~ employees of the

council on postsecondary education and shall be subject to all employment policies, practices,

and procedures of the ~~board of governors for higher education~~ council on postsecondary

education and the University of Rhode Island.

appointing authority for the position of director and all other positions of the state crime

laboratory subject to approval or disapproval by the commission.

95)

Section

Amend Chapter Numbers:

12-1.3-2

234 and 316

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; and provided, that all

outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any

other monetary obligations have been paid, unless such amounts are reduced or waived by order

of the court.

(b) Notwithstanding §12-1.3-1(3) ("first offender"), any person who has been convicted

of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted

of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a

motion in the court in which the convictions took place,; provided that convictions for offenses

under chapter 29 of title 12, §§31-27-2 or 31-27-2.1 are not eligible for and may not be expunged

under this subsection.

~~(b)~~(c) Subject to subsection (a), 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)~~(d) Subject to subsection (a), 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.

~~(d)~~(e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this

section, a person may file a motion for the expungement of records relating to a deferred sentence

upon its completion, after which the court will hold a hearing on the motion.

(f) Subject to subsection (b) of this section, a person may file a motion for the

expungement of records relating to misdemeanor convictions after ten (10) years from the date of

the completion of their last sentence.

96)

Section

Amend Chapter Numbers:

12-1.3-3

234 and 316

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 that originally brought the charge against the

person at least ten (10) days prior to that date.

(b) The court, after the hearing at which all relevant testimony and information shall be

considered, may, in its discretion, order the expungement of the records of conviction of the

person filing the motion if it finds:

(1) (i) 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; or

(ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that

the person has complied with all of the terms and conditions of the deferral agreement including,

but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and

restitution to victims of crimes; there are no criminal proceedings pending against the person; and

he or she has established good moral character. Provided, that no person who has been convicted

of a crime of violence shall have their records relating to a deferred sentence expunged.; or

(iii) Subject only to §§12-1.3-2(b) and (f), that in the ten (10) years preceding the filing of

the motion, if the convictions were for multiple misdemeanors, the petitioner has not been

convicted nor arrested for any felony or misdemeanor,; there are no criminal proceedings pending

against the person,; and they have exhibited good moral character; and, provided that convictions

for offenses under chapter 29 of title 12, §§31-27-2 or 31-27-2.1 are not eligible and may not be

expunged under this subsection.

(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.

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 removed from public

inspection. A copy of the order of the court shall be sent to any law enforcement agency and other

agency known by either the petitioner, the department of the attorney general, or the court to have

possession of the records. Compliance with the order shall be according to the terms specified by

the court.

(d) The defendant shall be advised at the hearing that any and all bail money relating to a

case that remains on deposit and is not claimed at the time of expungement shall be escheated to

the state's general treasury in accordance with chapter 12 of title 8.

97)

Section

Amend Chapter Numbers:

12-7-12

342 and 353

12-7-12. Release of arrested person by officer.

(a) The officer in charge of any police station ~~may~~ shall consider the release of any

person in his or her station who has been arrested without a warrant:

(1) Without requiring the person to appear in court, when the officer is satisfied that there

is no ground for making criminal complaint against the person or when the person has been

arrested for drunkenness but in the judgment of the officer need not be brought before a

magistrate; or

(2) If the arrest is for a misdemeanor, upon that person signing an agreement to appear in

court at a designated time.

(b) Any officer with custody of a person who has been arrested or detained without a

warrant may recognize that the person suffers from a serious mental illness and may release and

refer the person to the nearest appropriate inpatient mental health facility or outpatient treatment

program.

98)

Section

Amend Chapter Numbers:

12-10-12

342 and 353

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) Express conditions of any filing in accordance with this section shall be that the

defendant at all times during the one year keep the peace and be of good behavior and shall have

paid all outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or

any other monetary obligations unless reduced or waived by order of the court. A violation of

~~these express conditions, or~~ any ~~other~~ condition set by the court, ~~shall~~ may be deemed a violation

of the filing and the matter that was filed may be resurrected by the court, or the court may

impose a sanction. A determination of whether a violation has occurred shall be made by the

court in accordance with the procedures relating to a violation of probation, §§ 12-19-9 and 12-

19-14.

defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

been a violation but does not impose a sanction, 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 but does not impose a sanction, 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 expunged. No

criminal record shall result; provided, that in any civil action for a tort, a plea of guilty or a

finding of guilty should be admissible notwithstanding the fact that the complaint has been filed.

(d) Notwithstanding the foregoing provisions of this section, in the event a complaint for

a crime involving domestic violence was originally filed under this section subsequent to the

defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

been a violation, may sentence the defendant. In the event the court filed the complaint for a

crime involving domestic violence under this section while the defendant maintained a plea of not

guilty, if the court finds there to have been a violation, it may proceed to the further disposition of

the complaint for a crime involving domestic violence according to law. If, for a period of one

year after the date of filing, the defendant is not charged with a violation pursuant to subsection

(b) of this section, the filed complaint for the crime involving domestic violence shall be

automatically quashed and shall not be resurrected. If, for a period of three (3) years after the date

of filing, the defendant is not charged with a crime involving domestic violence, or if so charged,

is acquitted or the complaint is dismissed, all records relating to the filed complaint for a crime

involving domestic violence shall be expunged without the requirement of filing a motion

pursuant to chapter 1.3 of title 12. No criminal records shall result, unless in any civil action for a

tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that the

complaint has been filed. Provided, however, that in sentencing a defendant for a crime involving

domestic violence of which the defendant was charged within three (3) years after the filing of a

prior crime involving domestic violence to which the defendant pleaded guilty or nolo

contendere, the court may take the plea into consideration.

(e) The defendant shall be advised that any and all bail money relating to a case that

remains on deposit and is not claimed at the time of expungement shall be escheated to the state's

general treasury in accordance with chapter 12 of title 8.

99)

Section

Amend Chapter Numbers:

12-12-17

133 and 146

12-12-17. Statute of limitations.

(a) There shall be no statute of limitations for the following offenses: treason against the

state,; any homicide, arson, first-degree arson, second-degree arson, third-degree arson, burglary,

counterfeiting, forgery, robbery, rape, first-degree sexual assault, first-degree child molestation

sexual assault, second-degree child molestation sexual assault, bigamy,; manufacturing, selling,

distribution, or possession with intent to manufacture, sell, or distribute a controlled substance

under the Uniform Controlled Substance Act, chapter 28 of title 21,; or any other offense for

which the maximum penalty provided is life imprisonment.

(b) The statute of limitations for the following offenses shall be ten ~~(1 O)~~(10) years:

larceny under §11-41-2 (receiving stolen goods), §11-41-3 (embezzlement and fraudulent

conversion), §11-41-4 (obtaining property by false pretenses or personation), §11-41-11

(embezzlement by bank officer or employee), §11-41-12 (fraudulent conversion by agent or

factor), and §11-41-13 (obtaining signature by false pretenses), or any larceny ~~which~~ that is

punishable as a felony; any violation of chapter 7 of title 11 (bribery); any violation of §11-18-1

(giving false document to agent, employee, or public official); perjury; any violation of chapter

42 of title 11 (threats and extortion); any violation of chapter 15 of title 7 (racketeer influenced

and corrupt organizations); any violation of chapter 57 of title 11 (racketeer violence); any

violation of chapter 36 of title 6 (antitrust law); of any violation of §11-68-2 (exploitation of an

elder); any violation of §11-41-11.1 (unlawful appropriation); any violation of §11-18-6 (false

financial statement to obtain loan or credit); any violation of §19-9-28 (false statement to obtain a

loan); any violation of §19-9-29 (bank fraud); or any violation of §11-18-34 (residential mortgage

fraud).

a longer statute of limitations is otherwise provided for in the general laws.

(d) Any person who participates in any offense, either as a principal accessory, or

conspirator, shall be subject to the same statute of limitations as if the person had committed the

substantive offense.

(e) The statute of limitations for any violation of chapter 18.9 of title 23 (refuse disposal),

chapter 19 of title 23 (solid waste management corporation), chapter 19 .1 of title 23 (hazardous

waste management), chapter 12 of title 46 (water pollution), and chapter 13 of title 46 (public

drinking water supply) shall be seven (7) years from the time that the facts constituting the

offense or violation shall have become known to law enforcement authorities, unless a longer

statute of limitations is otherwise provided for in the general laws.

100)

Section

Amend Chapter Numbers:

12-13-24

342 and 353

12-13-24. Confidentiality of pretrial services program records.

(a) Information supplied by a defendant to a representative of the pretrial services

program during the defendant's initial interview or subsequent contacts, or information obtained

by the pretrial services program as a result of the interview or subsequent contacts, shall be

deemed confidential and shall not be subject to subpoena or to disclosure without the written

consent of the defendant except in the following circumstances:

(1) Information relevant to the imposition of conditions of release shall be presented to

the court on a standardized form when the court is considering what conditions of release to

impose;

(2) Information furnished by the defendant to the pretrial services program and recorded

on a completed interview form shall be furnished to law enforcement officials upon request only

if the defendant fails to appear in court when required, after notice to the defendant or the

defendant's attorney of record;

(3) Information concerning compliance with any conditions of release imposed by the

court shall be furnished to the court upon its request for consideration or modification of

conditions of release or of sentencing or of probation;

(4) Information relevant to sentencing or probation shall be furnished to the court upon

its request for consideration in imposing sentence or probation;

(5) At its discretion, the court may permit the probation officer, for the purpose of

preparing the presentence investigation report, and the defense attorney to inspect the completed

interview form; ~~and~~

(6) In felony cases, completed pre-arraignment reports shall be provided to the superior

court; and

~~(6)~~(7) Any person conducting an evaluation of the pretrial release program may have

access to all completed interview forms upon order from the supreme court.

(b) At the beginning of the defendant's initial interview with a representative of the

pretrial services program, the defendant shall be advised of the above uses of information

supplied by him or her or obtained as a result of information supplied by him or her.

101)

Section

Amend Chapter Numbers:

12-13-24.1

342 and 353

12-13-24.1. Pretrial services unit.

(a) Creation of unit; definitions. - There is created within the district court a pretrial

services unit to provide pre-arraignment and post-arraignment services to defendants. ~~These~~

~~services shall include, but not be limited to: bail information and screening,~~

(1) "Pre-arraignment report" may include:

(i) The results of a risk screen;

(ii) For a defendant who scores as high risk on the risk screen, additional validated

screens for mental health and substance use needs, to determine whether more in-depth

assessment is needed post-arraignment; and

(iii) For a defendant charged with a domestic violence offense under §12-29-2, and who

has prior domestic violence offenses or other indications of risk, a lethality or dangerousness

assessment.

(2) "Post-arraignment service" includes completion of the pre-arraignment report, a post-

arraignment report, if necessary, and monitoring of defendants released on conditions that are

informed by the pre-arraignment report, ~~bail~~ including substance abuse treatment referrals and

testing,; referrals to the home confinement program,; employment referrals,; and any other

referrals that may be necessary to carry out the intent of this section.

(3) "Risk screen" means a validated, empirically-based pretrial risk tool composed of a

brief set of questions that may be answered without interviewing the defendant and are designed

to predict failure to appear and risk to re-offend.

(b) ~~Bail evaluation~~ Pre-arraignment report. - Whenever any person shall be taken into

custody by any peace officer for the purpose of bringing that person before a court for

arraignment or any other proceeding which may result in that person being detained pending a

final adjudication of the charge, if the person is charged with a felony, or a misdemeanor

domestic violence offense under §12-29-2 and has prior domestic violence offenses or other

indications of risk, the pretrial services unit shall, time permitting, prepare~~, a judicial officer may~~

~~cause to be conducted~~ a pre-arraignment report and any or post-arraignment screening of the

accused deemed necessary by the court or the pretrial services unit, and shall obtain ~~any~~ relevant

information, records, and documents that may be useful to the judicial officer in determining the

form and type of recognizance and conditions placed on the defendant.

post-arraignment screening shall be immediately delivered to the judicial officer before whom the

accused shall be brought for the purpose of determining the form and conditions of recognizance

~~and shall contain the information set forth in subsection (d) of this section~~.

(d) ~~Form of report. - The report of the pre-arraignment or post-arraignment screening~~

~~shall contain the following information regarding the accused:~~

(1) ~~Name and address;~~

(2) ~~Date of birth;~~

(3) ~~Marital status;~~

(4) ~~Names and addresses of dependents;~~

(5) ~~Social security number;~~

(6) ~~Present employment including place of employment, position held and length of~~

~~employment;~~

(7) ~~Whether or not the accused is under the care of a licensed physician or on any~~

~~medication prescribed by a licensed physician;~~

(8) ~~Education;~~

(9) ~~Prior criminal record;~~

(10) ~~Prior court appearances;~~

(11) ~~Ties to the community; and~~

(12) ~~Any other information that may be required to make a determination on the amount~~

~~and conditions of recognizance or bail.~~

(e) Confidentiality of communications. - The accused shall be advised orally and in a

written waiver form for the signature of the accused, that he or she has the right to remain silent

and may voluntarily decline to respond to any or all questions that may be put by representatives

of the pre-trial services unit. Communications between the accused and representatives of the pre-

trial services unit shall be considered confidential pursuant to § 12-13-24.

102)

Section

Amend Chapter Numbers:

12-19-8

345 and 351

12-19-8. Suspension of sentence and probation by superior or district court.

(a) Application. - Except where the suspension of sentence shall otherwise be prohibited

by law, and subject to the purposes and limits imposed by this section and §12-19-8.1, whenever

any defendant shall appear for sentence before the superior or district court, the court may impose

a sentence and suspend the execution of the sentence, in whole or in part, or place the defendant

on probation without the imposition of a suspended sentence. The suspension shall place the

defendant on probation for the time ~~and on any terms and conditions~~ of probation that the court

may fix and pursuant to the terms and conditions set by §12-19-8.1.

(b) Duration. - The period of probation for a felony shall be set for a period of time as

required by law, or in accordance with judicial sentencing benchmarks. ~~, where no sentence is~~

~~imposed or where sentence is entirely suspended,~~ The period of probation for a misdemeanor,

where no sentence is imposed or where sentence is entirely suspended, may be for any period up

to the maximum time of sentence provided by applicable statutes. Where sentence is imposed and

suspended in part, the term ordered to be served and the period of probation together shall not

exceed the maximum time of sentence provided by applicable statutes.

~~the department of corrections may seek permission of the superior or district court to modify a~~

~~defendant's conditions of probation set at the time of sentence by either imposing additional~~

~~conditions of probation or removing previously imposed conditions of probation to provide for~~

~~more effective supervision of the defendant. Failure of the defendant to comply with modified~~

~~conditions of probation may result in a violation of probation being filed pursuant to § 12-19-9.~~

103)

Section

Add Chapter Numbers:

12-19-8.1

345 and 351

12-19-8.1. Conditions of probation.

(a) The following shall constitute basic conditions of probation applicable to all

defendants upon whom a period of probation has been imposed:

(1) Obey all laws;

(2) Report to the probation officer and parole officer as directed;

(3) Remain within the state of Rhode Island except with the prior approval, specifically

or as an agreed routine, of the probation and parole office;

(4) Notify the probation and parole officer immediately of any change of address,

telephone number, or employment;

(5) Make every effort to keep steadily employed or attend school or vocational training;

(6) Waive extradition from anywhere in the United States to Rhode Island, if required to

appear in any Rhode Island court;

(7) Provide a DNA sample if required by §§12-1.5-7 and 12-1.5-8;

(8) Pay restitution, court costs, and fines, if assessed, in one or several sums, based on the

defendant’s ability to pay; and

(9) Submit to a risk and needs assessment.

(b) Special probation conditions related to community service, computer restrictions, no

contact orders, or any other conditions deemed just and reasonable may be imposed at the

discretion of the court.

the department of corrections may seek permission of the superior or district court to modify a

defendant's basic conditions or special conditions of treatment or counseling by either imposing

additional conditions or removing previously imposed conditions of probation to provide for

more effective supervision of the defendant.

(d) Failure of the defendant to comply with modified conditions of probation constitutes a

violation.

104)

Section

Amend Chapter Numbers:

12-19-9

345 and 351

12-19-9. Violation of terms of probation -- Notice to attorney general -- Revocation

or continuation of suspension.

(a) Whenever any person who has been placed on probation pursuant to § 12-9-8 violates

the terms and conditions of his or her probation as fixed by the court, the police or the probation

authority shall inform the attorney general of the violation, and the attorney general shall cause

the defendant to appear before the court. The department of corrections ~~court may request the~~

division of ~~field~~ rehabilitative services to shall promptly render a report relative to the conduct of

the defendant, ~~and, pending receipt of the report,~~ and the information contained in any report

under §12-13-24.1. The division of rehabilitative services may recommend that the time served

up to that point is a sufficient response to a violation that is not a new alleged crime. The court

may order the defendant held without bail for a period not exceeding ten (10) days, excluding

Saturdays, Sundays, and holidays.

(b) The court shall conduct a hearing within thirty (30) days of arrest unless waived by

the defendant to determine whether the defendant has violated the terms and conditions of his or

her probation, at which hearing the defendant shall have the opportunity to be present and to

respond. Upon a determination by a fair preponderance of the evidence that the defendant has

violated the terms and conditions of his or her probation, the court, in open court and in the

presence of the defendant, may:

(1) Remove ~~remove~~ the suspension and order the defendant committed on the sentence

previously imposed, or on a lesser sentence~~, or~~:

(2) Impose ~~impose~~ a sentence if one has not been previously imposed~~, or may~~;

(3) Stay all or a portion of the sentence imposed after removal of the suspension;

(4) Continue ~~continue~~ the suspension of a sentence previously imposed, ~~as to the court~~

~~may seem just and proper.~~ ; or

(5) Convert a sentence of probation without incarceration to a suspended sentence.

accordance with judicial sentencing benchmarks.

105)

Section

Amend Chapter Numbers:

12-19-14

345 and 351

12-19-14. Violation of terms of probation -- Notice to court -- Revocation or

continuation of suspension.

(a) Whenever any person, who has been placed on probation by virtue of the suspension

of execution of his or her sentence pursuant to § 12-19-13, violates the terms and conditions of

his or her probation as fixed by the court, the police or department of corrections division of ~~field~~

rehabilitative services shall cause the defendant to appear before the court. The ~~court may require~~

~~the~~ division of ~~field~~ rehabilitative services to shall promptly render a written report relative to the

conduct of the defendant, ~~and, pending receipt of the report,~~ and the information contained in any

report under §12-13-24.1. The division of rehabilitative services may recommend that the time

served up to that point is a sufficient response to a violation that is not a new, alleged crime. The

court may order the defendant held without bail for a period not exceeding ten (10) days

excluding Saturdays, Sundays, and holidays.

(b) The court shall conduct a hearing within thirty (30) days of arrest, unless waived by

the defendant, to determine whether the defendant has violated the terms and conditions of his or

her probation, at which hearing the defendant shall have the opportunity to be present and to

respond. Upon a determination by a fair preponderance of the evidence that the defendant has

violated the terms and conditions of his or her probation, the court, in open court and in the

presence of the defendant, may as to the court may seem just and proper:

(1) Revoke ~~revoke~~ the suspension and order the defendant committed on the sentence

previously imposed, or on a lesser sentence~~, or may continue the suspension as to the court may~~

~~seem just and proper.~~ :

(2) Impose a sentence if one has not been previously imposed; or

(3) Stay all or a portion of the sentence imposed after removal of the suspension;

(4) Continue the suspension of a sentence previously imposed; or

(5) Convert a sentence of probation without incarceration to a suspended sentence.

106)

Section

Amend Chapter Numbers:

12-19-15

345 and 351

12-19-15. Term of probation -- Power to commit after termination of original

Sentence.

The power of the court to commit the defendant shall not be deemed to terminate with the

termination of the period of the original sentence, but the court shall have power to enforce the

sentence even though the original period of the sentence has expired. The term of the suspended

sentence may be longer or shorter or for the same time as the probation period, and the time

during which the defendant is on probation shall not be deemed by §§ 12-19-13 -- 12-19-17 to be

a part of the term of his or her sentence, although the court, in its discretion, may give

consideration to the probationer's conduct during the probationary period in imposing a sanction

or enforcing the sentence originally imposed, or any lesser sentence.

107)

Section

Amend Chapter Numbers:

12-19-19

345 and 351

12-19-19. Sentencing on plea of guilty or nolo contendere -- Deferment of sentence.

(a) Whenever any person is arraigned before the superior court and pleads guilty or nolo

contendere, he or she may be at any time sentenced by the court; provided, that if at any time the

court formally defers sentencing, then the person and the ~~attorney general~~ court shall enter into a

written deferral agreement to be filed with the clerk of the court. When a court formally defers

sentence, the court may only impose sentence ~~within~~ up to five (5) years from and after the date

of the written deferral agreement, unless during the ~~five (5) year~~ required period, the person shall

be declared to have violated the terms and conditions of the deferment pursuant to subsection (b)

in which event the court may impose sentence.

(b) ~~It shall be an express condition of any deferment of sentence in accordance with this~~

~~section~~ The court may require that the person agreeing to said deferment of sentence shall not

violate any condition of the written deferral agreement ~~at all times during the period of deferment~~

~~keep the peace and be of good behavior~~. A violation of ~~this express condition or~~ any ~~other~~

condition set forth by ~~either the court or~~ the written deferral agreement shall violate the terms and

conditions of the deferment of sentence and the court may impose a sanction or impose sentence.

The determination of whether a violation has occurred shall be made by the court in accordance

with procedures relating to violation of probation in court rules and §§ 12-19-2 and 12-19-14.

by the court after a hearing to have complied with all of the terms and conditions of the deferral

agreement including, but not limited to, the payment in full of any court-ordered fines, fees, costs,

assessments, and restitution to victims of crime, then the person shall become immediately

eligible for consideration for expungement pursuant to the provisions of §§ 12-1.3-2 and 12-1.3-

108)

Section

Amend Chapter Numbers:

12-19-34

345 and 351

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

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

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

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

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

cases where ~~court ordered restitution totals less than two hundred dollars ($200)~~ the court

determines that the defendant has the present ability to make full restitution, payment shall be

made at the time of sentencing ~~if the court determines that the defendant has the present ability to make restitution~~.

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

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

administrative office of the state courts in the following priorities:

(i) Upon determination of restitution, court ordered restitution payments shall be paid

first to persons injured until such time as the court's restitution is fully satisfied;

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

prosecution.

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

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

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

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

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

of chapter ~~8-12.~~ 12 of title 8.

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

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

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

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

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

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

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

federal law.

109)

Section

Add Chapter Numbers:

12-19-40

345 and 351

12-19-40. Severability.

If any provision of this chapter or its application to any person or circumstances is held

invalid, that 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.

110)

Section

Amend Chapter Numbers:

12-25-17

110 and 174, 341and 350

12-25-17. Definitions.

As used in this chapter:

(1) "Administrator" means the program administrator of this chapter.

(2) "Child" means an unmarried person who is under eighteen (18) years of age and

includes a stepchild or an adopted child.

(3) "Court" means the superior court.

(4) "Dependent" means a person wholly or partially dependent upon the income of the

victim at the time of his or her death or would have been so dependent but for the incapacity due

to the injury from which the death resulted. The term includes a child of the victim born after the

death of the victim.

(5) "Office" means the office of the general treasurer.

(6) "Pecuniary loss" includes:

(i) For personal injury:

(A) Medical expenses (including psychiatric care) for which the victim is not

compensated by any other source;

(B) Hospital expenses for which the victim is not compensated by any other source;

(D) Loss of future earnings because of a disability resulting from the personal injury for

which the victim is not compensated by any other source.

(ii) For death:

(A) Funeral and burial expenses for which the victim's estate is not compensated by any

other source; and

(B) Loss of support to the dependents of the victim for which the dependents are not

compensated by any other source.

(iii) Any other expenses actually and necessarily incurred as a result of the personal

injury or death for which the victim or his or her estate is not compensated by any other source,

but it does not include property damage.

(7) "Personal injury" means actual bodily harm, mental or nervous shock, and a

pregnancy resulting from sexual attack.

(8) "Relative" means a spouse, parent, grandparent, stepfather, stepmother, child,

grandchild, brother, sister, half-brother, half-sister, and a spouse's parents.

(9) "Resident" means any person who has his or her residence within the state of Rhode

Island.

(10) "Secondary victim" means a child who suffers an emotional injury as a direct result

of witnessing a homicide or incident of domestic violence.

~~(10)~~(11) "State" includes the District of Columbia, the fifty (50) states, and the United

States' territories and possessions.

~~(11)~~(12) "Treasurer" means the general treasurer of the state of Rhode Island or his or her

designee.

~~(12)~~(13) "Victim" means a person who is injured or killed by any act of a person or

persons which is within the description of any of the offenses specified in § 12-25-20 and which

act occurs in the state of Rhode Island. "Victim" also means a resident of the state of Rhode

Island who is a victim of an act of terrorism as defined in 18 U.S.C. § 2331 occurring outside the

United States or within the United States as referred to in ~~42 U.S.C. § 10603b~~. 34 U.S.C. §20105.

~~(13)~~(14) "1972 Act" means the Criminal Injuries Compensation Act of 1972, established

pursuant to former §§ 12-25-1 -- 12-25-12.1.

~~(14)~~(15) "1996 Act" means the Criminal Injuries Compensation Act of 1996, established

pursuant to §§ 12-25-16 -- 12-25-30.

12-25-17. Definitions.

As used in this chapter:

(1) "Administrator" means the program administrator of this chapter.

(2) "Child" means an unmarried person who is under eighteen (18) years of age and

includes a stepchild or an adopted child.

(3) "Court" means the superior court.

(4) "Dependent" means a person wholly or partially dependent upon the income of the

victim at the time of his or her death or would have been so dependent but for the incapacity due

to the injury from which the death resulted. The term includes a child of the victim born after the

death of the victim.

(5) "Office" means the office of the general treasurer.

(6) "Pecuniary loss" includes:

(i) For personal injury:

(A) Medical expenses (including psychiatric care) for which the victim is not

compensated by any other source;

(B) Hospital expenses for which the victim is not compensated by any other source;

(D) Loss of future earnings because of a disability resulting from the personal injury for

which the victim is not compensated by any other source. ; and

(E) Direct expenses related to the delivery or obtainment of medical or counseling

services, or participation in criminal justice proceedings.

(ii) For death:

(A) Funeral and burial expenses for which the victim's estate is not compensated by any

other source; ~~and~~

(B) Loss of support to the dependents of the victim for which the dependents are not

compensated by any other source. ; and

criminal justice proceedings.

(iii) Any other expenses actually and necessarily incurred as a result of the personal

injury or death for which the victim or his or her estate is not compensated by any other source,

but it does not include property damage.

(7) "Personal injury" means actual bodily harm, mental or nervous shock, and a

pregnancy resulting from sexual attack.

(8) "Relative" means a spouse, parent, grandparent, stepfather, stepmother, child,

grandchild, brother, sister, half-brother, half-sister, and a spouse's parents.

(9) "Resident" means any person who has his or her residence within the state of Rhode

Island.

(10) "State" includes the District of Columbia, the fifty (50) states, and the United States'

territories and possessions.

(11) "Treasurer" means the general treasurer of the state of Rhode Island or his or her

designee.

(12) "Victim" means a person who is injured or killed by any act of a person or persons

~~which~~ that is within the description of any of the offenses specified in § 12-25-20 and which act

occurs in the state of Rhode Island. "Victim" also means a resident of the state of Rhode Island

who is a victim of an act of terrorism as defined in 18 U.S.C. § 2331 occurring outside the United

States or within the United States as referred to in 42 U.S.C. § 10603b.

(13) "1972 Act" means the Criminal Injuries Compensation Act of 1972, established

pursuant to former §§ 12-25-1 -- 12-25-12.1.

(14) "1996 Act" means the Criminal Injuries Compensation Act of 1996, established

pursuant to §§ 12-25-16 -- 12-25-30.

111)

Section

Amend Chapter Numbers:

12-25-19

110 and174, 341 and 350

12-25-19. Awarding compensation.

(a) In any case in which a person is injured or killed by any act of a person or persons

~~which~~ that is within the description of the offenses listed in § 12-25-20, the victim, his or her

guardian, the child advocate as provided in § 42-73-9.1, or in the case of his or her death, a legal

representative, may apply to the office for compensation. Additionally, a secondary victim or

their guardian, the child advocate as provided in §42-73-9.1 or a legal representative on behalf of

a secondary victim, may apply to the office for compensation. The office shall provide notice of

the application to the attorney general. The office may award compensation in accordance with

the provisions of this chapter if the act occurs:

(1) Within the physical confines of the state of Rhode Island;

(2) Within the maritime jurisdiction of the state of Rhode Island;

(3) Outside the state of Rhode Island to any victim who has his or her residence in the

state of Rhode Island and had the residence in the state at the time that the offense occurred, and

is not entitled to compensation of any kind from the state, possession, or territory or district of the

United States in which the offense occurred; or

(4) Outside the state of Rhode Island to any victim, who had his or her residence in the

state of Rhode Island at the time the offense occurred, who is injured or killed by an act of

terrorism occurring either outside of the United States, as defined in 18 U.S.C. § 2331, or within

the United States as referred to in ~~42 U.S.C. § 10603b~~ 34 U.S.C. § 20105

(b) The office may award compensation as described in this section:

(1) To or on behalf of the injured person, or his or her guardian;

(2) In the case of the personal injury of the victim where the compensation is for

pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the

victim, to that person; or

(3) In the case of the death of the victim, to or for the benefit of the dependents or closest

relative of the deceased victim, or any one or more of the dependents or to the legal representative

of the victim.

notwithstanding that, by reason of age, insanity, drunkenness, or otherwise, he or she was legally

incapable of forming a criminal intent.

(d) (1) In determining whether to award compensation as described in this section and the

amount of compensation, the office shall consider any circumstances it determines to be relevant,

including, but not limited to: (i) cCompliance by the victim with the reasonable requests of law

enforcement agencies and personnel; (ii) vViolent felonious criminal conduct of the victim

committed within the past five (5) years or subsequent to his or her injury; (iii) aAny conviction

of a crime of violence by the victim; and (iv) tThe behavior of the victim ~~which~~ that directly or

indirectly contributed to his or her injury or death, unless the injury or death resulted from the

victim's lawful attempt to prevent the commission of a crime or to apprehend an offender. The

office may reduce or deny an award based on these circumstances.

(2) Any individual who is incarcerated at any criminal institutional facility at the time of

his or her injury shall be deemed ineligible to receive an award of compensation as described in

this section.

(e) No compensation may be awarded unless the office so directs upon a finding that:

(1) The act did occur; and

(2) The injury or death resulted from the act.

(f) An award may be made under this section whether or not any person is prosecuted or

convicted of any offense arising out of the act, or if the act is the subject of any other legal action.

Upon application from the attorney general, the office shall suspend proceedings under this

chapter until the application is withdrawn or until a prosecution for an offense arising out of the

act is no longer pending or imminent. The office may suspend proceedings in the interest of

justice if a criminal or civil action arising from the act is pending or imminent.

(g) The office shall pay to the person named in the award of compensation, and the

payments shall be made from the violent crimes indemnity account and from any federal moneys

available as coordinated by the office.

(h) Where compensable medical services have been rendered, any award made payable to

a medical provider shall be based on the current final adjustment to charge ratio approved by the

department of labor and training pursuant to chapter 33 of title 28 and applied by the Rhode

Island workers' compensation unit in establishing payout ratios for inpatient charges, emergency

room charges, and ambulatory surgery charges. Amounts awarded for all other medical services

shall be based on the current Rhode Island Workers' Compensation Medical Fee Schedule. If the

provider employs a sliding scale fee structure for any category of patient or service, the award

shall not exceed the amount the applicant would be charged if he or she qualified under the

provider's sliding scale fee structure. Medical service providers shall be required to accept these

awards as full payment for services rendered and shall be prohibited from assessing any

additional charges against the victim or secondary victim.

12-25-19. Awarding compensation

(a) In any case in which a person is injured or killed by any act of a person or persons

~~which~~ that is within the description of the offenses listed in § 12-25-20, the victim, his or her

guardian, the child advocate as provided in § 42-73-9.1, or in the case of his or her death, a legal

representative, may apply to the office for compensation. The office shall provide notice of the

application to the attorney general. The office may award compensation in accordance with the

provisions of this chapter if the act occurs:

(1) Within the physical confines of the state of Rhode Island;

(2) Within the maritime jurisdiction of the state of Rhode Island;

(3) Outside the state of Rhode Island to any victim who has his or her residence in the

state of Rhode Island and had the residence in the state at the time that the offense occurred, and

is not entitled to compensation of any kind from the state, possession, or territory or district of the

United States in which the offense occurred; or

(4) Outside the state of Rhode Island to any victim who had his or her residence in the

state of Rhode Island at the time the offense occurred who is injured or killed by an act of

terrorism occurring either outside of the United States, as defined in 18 U.S.C. § 2331, or within

the United States as referred to in 42 U.S.C. § 10603b.

(b) The office may award compensation as described in this section:

(1) To or on behalf of the injured person, or his or her guardian;

(2) In the case of the personal injury of the victim where the compensation is for

pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the

victim, to that person; or

(3) In the case of the death of the victim, to or for the benefit of the dependents or closest

relative of the deceased victim, or any one or more of the dependents, or to the legal

representative of the victim.

notwithstanding that, by reason of age, insanity, drunkenness, or otherwise, he or she was legally

incapable of forming a criminal intent.

(d) (1) In determining whether to award compensation as described in this section and the

amount of compensation, the office shall consider any circumstances it determines to be relevant,

including, but not limited to:

(i) cCompliance by the victim with the reasonable requests of law enforcement agencies

and personnel;

(ii) vViolent felonious criminal conduct of the victim committed within the past five (5)

years or subsequent to his or her injury;

(iii) aAny conviction of a crime of violence by the victim; and

(iv) tThe behavior of the victim ~~which~~ , including past behavior, that directly or indirectly

contributed to his or her injury or death, unless the injury or death resulted from the victim's

lawful attempt to prevent the commission of a crime or to apprehend an offender. The office may

reduce or deny an award based on these circumstances.