2020 Annual Report

 

 

 

1)

Section

Amend Chapter Numbers:

 

2-26-6

1 and 2

 

 

2-26-6. Rulemaking authority.

     (a) The department shall adopt rules to provide for the implementation of this chapter,

which shall include rules to require hemp to be tested during growth for THC levels and to

require inspection of hemp during sowing, growing season, harvest, storage, and processing.

Included in these rules should be a system requiring the licensee to submit crop samples to an

approved testing facility, as determined by the department for testing and verification of

compliance with the limits on delta-9 THC concentration.

     (b) The department shall prescribe rules and regulations for all operational requirements

for licensed growers, handlers, CBD distributors, and retailers, and to ensure consistency in

manufactured products and appropriate packaging, labeling, and placement with respect to retail

sales not inconsistent with law, to carry in effect the provisions of this chapter.

     (c) The department shall not adopt, under this or any other section, a rule that would

prohibit a person or entity to grow, distribute, or sell hemp based solely on the legal status of

hemp under federal law.

     (d) The department may adopt rules and regulations based on federal law provided those

rules and regulations are designed to comply with federal guidance and mitigate federal

enforcement against the licenses issued under this chapter.

     (e) All new and revised rules and regulations promulgated by the department of business

regulation and/or the department of health pursuant to this chapter shall be subject to approval by

the general assembly prior to enactment.


 

 

 

 

2)

Section

Amend Chapter Numbers:

 

3-5-16

20 and 44

 

 

3-5-16. Maximum number of licenses.

     (a)(1) The department of business regulation shall have the right and power to limit the

number of licenses of each class. The limit shall not exceed the maximum number, if any, of any

class of license that is fixed by the licensing boards within their respective towns or cities.

     (2) The number of Class C licenses in any town or city shall not exceed one for each one

thousand (1,000) of its inhabitants.

     (3) Every city and town may grant in any year renewals of any license of Class A in

operation prior to April 28, 1969, except when renewal of that license is refused for cause, but no

further new and original licenses of Class A shall be granted until the number of licenses of Class

A outstanding in any city or town has been reduced to less than one for each six thousand (6,000)

of its inhabitants (one for each four thousand (4,000) of its inhabitants in any city or town with

less than twenty thousand (20,000) inhabitants), as determined by the last census taken under the

authority of the United States or the state, by cancellation, revocation, or the failure of holders of

those licenses to apply for renewals. After that reduction to less than one for each six thousand

(6,000) inhabitants (one for each four thousand (4,000) inhabitants in any town or city with less

than twenty thousand (20,000) inhabitants), licenses of Class A may be granted in any year by

any city or town only up to a total not exceeding one for each six thousand (6,000) of its

inhabitants (one for each four thousand (4,000) of its inhabitants in any town or city with less

than twenty thousand (20,000) inhabitants) as determined by census as required in this

subsection. However, two (2) Class A licenses may be issued by every city or town of the state

irrespective of population and, until the qualified electors of any city or town shall vote to the

contrary, one Class A license may be issued in every city or town in this state unless otherwise

ordered by the city or town council.

     Any Class A license issued to or held by a Class E licensee pursuant to the provisions of

§ 3-7-5 shall be included in the total of, and subject to the limit upon the number of, Class A

licenses which may be granted by any city or town under this section.

     (b) The transfer of any existing license from the holder of this license to another person

shall not be considered as the issuance of a new license under this section.

     (c) The several cities and towns, except those cities and towns that had in effect on June

1, 1971, a limit on the number of retailers' Class B or D licenses, shall not issue any new retailers'

Class B or D licenses until May 1, 1972. The provisions of this section shall not apply to any

application filed on or before May 30, 1971.

     (d) Notwithstanding the provisions of subsection (a) of this section, irrespective of the

population of the town of Smithfield, it is expressly authorized to issue a total of five (5) Class A

liquor licenses.


 

 

 

 

3)

Section

Amend Chapter Numbers:

 

3-7-16.3

43 and 54

 

 

3-7-16.3. Class T legitimate theater license.

     (a) Legitimate theaters as defined in subsection (b) or subsection (c) may apply for a Class

T license. The license authorizes the holder of the license to keep for sale and to sell beverages at

retail in the place described in the license and to deliver those beverages for consumption on the

premises where sold at the times when scheduled events relating to art, the legitimate theatre or

community artistic experiences may be held on those premises and for a period of one hour prior

to those events and one hour subsequent thereto, provided those events begin subsequent to twelve

o'clock (12:00) noon. The licensed premises may contain a bar. A Class T license authorizes

entertainment only in conformity with ordinances of the city or town where the facility is located

on the licensed premises. Class T licenses shall only be issued by the local licensing authority.

     (b) "Legitimate Theaters theaters", for the purposes of this section, includes nonprofit,

cultural organizations and for-profit historic theaters located in the city of Newport or the town of

Burrillville whose primary purpose is to provide a support system to deliver and coordinate various

arts activities for the benefit of the communities they serve or which that provide live, regularly-

scheduled theatrical productions on a regular basis throughout the year and all events contributing

toward the goal of providing quality artistic experiences for the community.

     (c) For purposes of this section, "legitimate theaters" shall also include facility management

corporations who that are contractually authorized to manage buildings owned or under the

authority of the Rhode Island Convention Center Authority whose primary purpose is to provide a

support system to deliver and coordinate various arts activities for the benefit of the communities

they serve or which that provide live, regularly scheduled theatrical productions on a regular basis

throughout the year and all events contributing toward the goal of providing quality artistic

experiences for the community o'clock (12:00) noon. The licensed premises may contain a bar.

A Class T license authorizes entertainment only in conformity with ordinances of the city or

town where the facility is located on the licensed premises. Class T licenses shall only be issued by

the local licensing authority.

     (b) "Legitimate Theaters theaters", for the purposes of this section, includes nonprofit,

cultural organizations and for-profit historic theaters located in the city of Newport or the town of

Burrillville whose primary purpose is to provide a support system to deliver and coordinate various

arts activities for the benefit of the communities they serve or which that provide live, regularly-

scheduled theatrical productions on a regular basis throughout the year and all events contributing

toward the goal of providing quality artistic experiences for the community.

     (c) For purposes of this section, "legitimate theaters" shall also include facility management

corporations who that are contractually authorized to manage buildings owned or under the

authority of the Rhode Island Convention Center Authority whose primary purpose is to provide a

support system to deliver and coordinate various arts activities for the benefit of the communities

they serve or which that provide live, regularly scheduled theatrical productions on a regular basis

throughout the year and all events contributing toward the goal of providing quality artistic

experiences for the community.


 

 

 

 

4)

Section

Amend Chapter Numbers:

 

3-7-19

24 and 33, 25 and 40, 34 and 52

 

 

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.

     (c) This section shall not apply to any Class B or C license holder whose license was

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.

     (33) 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 Lots

32, 51, and 52 of Plat 2 Cumberland tax assessor's map as of December 31, 2016.

     (35) 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 11 Lowell Avenue, 191

Pocasset Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax

assessor's map as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in 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, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) 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 BV and Class BX license intended to be located at 161

Douglas Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) 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 retailers' Class B license intended to be located at 1007 Broad Street, Plat

53, Lot 192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat

53, Lot 582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket 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 122 North Main Street,

Map/Lot 130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

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

proposed retailers' class BV and class BM license intended to be located between 2 Main Street

(tax assessor's plat 14, lot 284) and 194 Main Street (tax assessor's plat 14, lot 139).

     (41) 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 retailers' Class B license intended to be located at 375 Smith Street, Plat 68,

Lot 132 of the applicable city of Providence tax assessment map.

     (42) 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 retailers' Class B license intended to be located at 671 Broadway Street, Plat

35, Lot 566 of the applicable city of Providence tax assessment map.

     (43) 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 retailers' Class B license intended to be located at 464-468 Wickenden

Street, also identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence

tax assessment map.

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

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

any proposed retailers' Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

 

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

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

section any proposed retailers' Class B license intended to be located at 43 Railroad Street, Plat

14R, Lot 205 of the applicable city of Woonsocket tax assessment map.

 

     (44) 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 BL license intended to be located at 601 Hartford Avenue,

Plat 113, Lot 50 of the applicable city of Providence tax assessment map.


 

 

 

 

5)

Section

Amend Chapter Numbers:

 

4-13-1

21 and 38

 

 

4-13-1. Regulatory ordinances -- Enforcement and penalties.

     (a) City or town councils may make any ordinances concerning dogs in their cities or

towns as they deem expedient, to be enforced by the destruction or disposition of the animal, or

by pecuniary penalties not exceeding ten dollars ($10.00) for the first offense, not exceeding

fifteen dollars ($15.00) for the second offense within a year, not exceeding twenty-five dollars

($25.00) for the third and any subsequent offense within a year to be recovered by action of debt,

or by complaint and warrant, to use as that city council or town council may prescribe.

     (b)(1) Barrington town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for violation of any animal control ordinance which may be paid by mail; and;

     (ii) To prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more seventy-five dollars ($75.00) for the third and each subsequent

offense within a calendar year.

     (2)(i) Bristol town council is authorized to enact an ordinance permitting the dog officer

in that town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail, and to prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (ii) The Bristol town council may by ordinance prescribe the number of licensed dogs and

their breeds which may be kept at any single-family residence other than a breeding kennel

licensed under § 4-13-10, and may enforce those ordinances by pecuniary penalties not exceeding

two hundred fifty dollars ($250).

     (3) Coventry town council is authorized to enact ordinances permitting the dog officer in

the town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail.

     (4)(i) Cumberland town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The town council of the town of Cumberland is authorized to enact an ordinance

permitting the animal control officer or any police officer in that town to issue citations to the

owners of dogs for the violation of any dog ordinance which may be paid by mail.

     (iii) The town council of the town of Cumberland is authorized to enact an ordinance

establishing the expense of the impoundment of dogs as determined by the town council and

providing for the payment to the town of the impoundment expense by the dog owner prior to

removal of the dog from the pound.

     (5) Glocester town council is authorized to enact an ordinance to prescribe pecuniary

penalties as follows:

     (i) A fine not more than twenty dollars ($20.00) for the first offense within a calendar

year;

     (ii) A fine not more than thirty dollars ($30.00) for the second offense within a calendar

year;

     (iii) A fine not more than thirty-five dollars ($35.00) for the third offense and each

subsequent offense within a calendar year.

     (6) Jamestown town council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (ii) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar

year;

     (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (7)(i) Middletown may prescribe pecuniary penalties as follows for the violation of

animal control ordinances on any beach within the town of Middletown:

     (A) A fine not exceeding one hundred dollars ($100) for the first (1st) offense within the

calendar year;

     (B) A fine not exceeding one hundred fifty dollars ($150) for the second (2nd) offense

within a calendar year;

     (C) A fine not exceeding two hundred dollars ($200) for the third (3rd) and each

subsequent offense within a calendar year.

     (ii) Middletown may prescribe pecuniary penalties as follows for the violation of animal

control ordinances anywhere else within the town:

     (A) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;

     (B) A fine not exceeding one hundred dollars ($100) for the second offense within a

calendar year;

     (C) A fine not exceeding one hundred fifty dollars ($150) for the third and each

subsequent offense within a calendar year.

     (iii) The Middletown town council is authorized to enact an ordinance permitting the dog

officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance

which may be paid by mail.

     (8) Narragansett town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

     (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribing pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than seventy-five dollars ($75.00) for the third and each

subsequent offense within a calendar year.

     (9) Newport city council is authorized to enact an ordinance:

     (i) Permitting the animal control officer, and his or her agents, in that city to issue

citations to the owners of dogs for violation of any animal control ordinance which may be paid

by mail;

     (ii) To prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (10) North Providence town council is authorized to enact an ordinance permitting the

animal control officer in that town to issue citations to the owners of dogs for the violation of any

dog ordinance which may be paid by mail.

     (11)(i) Portsmouth may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The Portsmouth town council is authorized to enact an ordinance permitting the dog

officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance

which may be paid by mail.

     (iii) The Portsmouth town council may, by ordinance, prescribe the number of licensed

dogs which may be kept at any single family residence other than a breeding kennel licensed

under § 4-13-10 and may enforce those ordinances by pecuniary penalties not exceeding twenty-

five dollars ($25.00).

     (12) The Richmond town council is authorized to enact ordinances:

     (i) Establishing the following penalties for animal control offenses:

     (A) A fine of not more than fifty dollars ($50.00) for the first offense within one year;

     (B) A fine of not more than seventy-five dollars ($75.00) for the second offense within

one year of the first offense;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within one year of the first offense.

     (ii) Permitting the animal control officer or any police officer to issue citations for

violation of any animal control ordinance punishable by a fine of five hundred dollars ($500) or

less, and to provide for payment of those fines by mail.

     (13)(i) Scituate town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) Scituate town council is authorized to enact ordinances permitting the dog officer in

the town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail.

     (14)(i) Smithfield town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The Smithfield town council is authorized to enact an ordinance permitting the animal

control warden in the town to issue citations which may be paid by mail to the owners of dogs for

the violation of any dog ordinance in that town.

     (15) Tiverton town council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense;

     (ii) A fine not exceeding fifty dollars ($50.00) for the second offense;

     (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense.

     (16) Warwick city council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;

     (ii) A fine not exceeding one hundred dollars ($100) for the second offense within a

calendar year;

     (iii) A fine not exceeding two hundred dollars ($200) for the third and each subsequent

offense within a calendar year; and

     (iv) A fine not exceeding three hundred dollars ($300) for the fourth and each

subsequent offense within a calendar year.

     (17) Westerly town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

     (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (18) West Greenwich town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

     (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (19) The town council of the town of Exeter is authorized to enact any ordinance

prescribing fines and penalties, in addition to those otherwise allowed by law, as follows:

     (i) Providing a fine of up to twenty-five dollars ($25.00) for the first offense;

     (ii) Providing a fine of up to one hundred dollars ($100) for the second offense; and

     (iii) Providing a fine of up to two hundred dollars ($200) for the third and for any

subsequent offenses within a one-year period. In addition, the town may require proof of owners

liability insurance for a twelve-(12) month (12) period insuring against injury and damages

caused by the dog. That insurance shall be in the amount of one hundred thousand dollars

($100,000) and shall name the town as a named insured for the purposes of notice.

     (20) West Warwick town council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding fifteen dollars ($15.00) for the first offense;

     (ii) A fine not exceeding fifty dollars ($50.00) for the second offense;

     (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense.

     (21) Woonsocket city council is authorized to enact an ordinance:

     (i) Permitting the animal control office of the city to issue citations to the owners of dogs

for the violation of any animal control ordinance which may be paid by mail;

     (ii) Establishing the expense of the impoundment of dogs as determined by the city

council and providing for the payment to the city for the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribing pecuniary penalties as follows:

     (A) A fine of not more than fifty dollars ($50.00) for the first offense within a calendar

year;

     (B) A fine of not more than one hundred dollars ($100) for the second offense within a

calendar year;

     (C) A fine of not more than one hundred fifty dollars ($150) for the third and each

subsequent offense within a calendar year.

     (22) Pawtucket city council is authorized to prescribe pecuniary penalties directly related

to its ordinance banning the owning or keeping of pit bulls in the city as follows:

     (i) For a pit bull properly licensed according to the city ordinance;

     (A) A fine not exceeding two hundred fifty dollars ($250) for the first offense;

     (B) A fine not exceeding five hundred dollars ($500) on a second offense;

     (C) A fine not exceeding one thousand dollars ($1,000) on a third offense.

     (ii) For a pit bull that is not licensed pursuant to the exceptions in the city ordinance:

     (A) A fine not exceeding five hundred dollars ($500) on a first offense;

     (B) A fine not exceeding one thousand dollars ($1,000) on a second or subsequent

offense.

     (iii) Notwithstanding any other provision of this section, Pawtucket may through its

Municipal Court municipal court impose a sentence of imprisonment not exceeding thirty (30)

days in addition to the fines in subsection (ii)(A) or (B).

     (23)(i) The Lincoln town council is authorized to prescribe pecuniary penalties as

follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred twenty-five dollars ($125) for the third and each

subsequent offense within a calendar year.

     (ii) The Lincoln town council is authorized to enact an ordinance permitting the dog

officer and police officers in that town to issue citations to the owners of dogs for the violation of

any dog ordinance, which citation may be paid by mail.

     (24)(i) The East Providence city council is authorized to enact an ordinance permitting

the animal control officer or any police officer in that city to issue citations to persons in violation

of any animal ordinances, which may be paid by mail, and to prescribe pecuniary penalties as

follows:

     (A) A fine of not more than thirty dollars ($30.00) for the first offense within a calendar

year;

     (B) A fine of not more than sixty dollars ($60.00) for the second offense within a

calendar year;

     (C) A fine of not more than one hundred twenty dollars ($120) for the third offense

within a calendar year; and

     (D) A fine of not more than three hundred dollars ($300) for the fourth offense and any

subsequent offense within a calendar year.

     (25)(i) The Warren town council is authorized to enact an ordinance permitting the

animal control officer in the town to issue citations to the owners of animals for violation of any

animal control ordinance which may be paid by mail, and to prescribe pecuniary penalties as

follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (26)(i) The Burrillville town council is authorized to enact an ordinance:

     (A) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

     (B) To prescribe penalties for violation of the provisions of revised general ordinances,

Town of Burrillville, Rhode Island, 2004, as amended, Chapter 4, entitled "Animals"; and

     (C) Establishing an expense not to exceed ten dollars ($10.00) for the day during which

impoundment occurs plus five dollars ($5.00) every day the animal is detained and providing for

the payment to the town of the impoundment expense by the dog owner prior to removal of the

dog from the animal control facility.

     (27) The Foster town council is authorized to enact ordinances permitting the dog officer

in the town to issue citations to the owners of dogs for the violation of any dog ordinance, which

may be paid by mail, and may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year.;

     (ii) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year.;

     (iii) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.


 

 

 

6)

Section

Amend Chapter Numbers

 

4-13-15

39 and 51

 

 

4-13-15. Collaring of dogs -- Impoundment and disposition of uncollared dogs.

     (a) Every owner or keeper of a dog shall cause the dog to wear a collar around its neck

distinctly marked with its owner's or keeper's name and with its registered number. Any person

may cause any dog not so collared to be impounded in the public pound of the town or city where

the dog is found; and if the dog is not claimed by its owner or keeper within a period of five (5)

days after the impoundment, the dog may be disposed of or destroyed. The five (5) days shall not

include any day or part of a day that the public pound is not open for a specified period of time,

not to be less than one-half (1/2) the normal hours of business, for the purpose of reclaiming any

impounded dog by its rightful owner. All periods of time shall be listed in a prominent location at

the entrance to all public pounds. The owner or keeper of any dog so impounded shall not take

the dog out of the pound until he or she has first paid to the poundkeeper the expense of keeping

the dog, that expense not to exceed two dollars ($2.00) per day and to be determined by the city

or town council in which impoundment occurs. The town council of the town of Glocester may,

by ordinance, determine an expense not to exceed ten dollars ($10.00) for each of the first five (5)

days during which this impoundment occurs plus five dollars ($5.00) every day the animal is

detained, plus an additional ten dollars ($10.00) if the owner or keeper is unable to show that the

dog has a current rabies shot pursuant to § 4-13-31, and further, the dog shall not be released from

the pound until all the provisions of this chapter and the ordinances of the city or town are

complied with. The provisions of this section relating to the five-(5) day (5) waiting period shall

not be deemed to apply to any dog which, when impounded, was injured or maimed, and after the

dog has been examined by a licensed veterinarian who shall confirm, in writing, that the dog be

destroyed for humanitarian purposes.

     The town of West Warwick may provide by ordinance an impounding fee of five dollars

($5.00) per day and may provide by ordinance for a fee for the purposes of transferring ownership

or for the disposition of said animals according to law for each adult dog (six (6) months or older)

the sum of twenty dollars ($20.00) and for each puppy the sum of five dollars ($5.00) and for

each adult cat (six (6) months or older) the sum of ten dollars ($10.00).

     (b) Any person violating the provisions of this section is subject to the penalty provisions

of § 4-1-2.

     (c) Notwithstanding the provisions of subsection (a) the town council of the town of

Exeter may impose an initial impoundment fee of up to fifteen dollars ($15.00) plus two dollars

($2.00) per day for each day of impoundment.

     (d) Notwithstanding the provisions of subsection (a), the city council of the city of East

Providence is authorized to enact an ordinance imposing an initial impoundment fee of up to

twenty dollars ($20.00) plus five dollars ($5.00) per day for each day of impoundment.

     (e) Notwithstanding the provisions of subsection (a), the town council of the town of

Richmond is authorized to enact an ordinance providing for an impoundment fee of not more than

twenty dollars ($20.00) per day for any impounded animal, and requiring payment of the fee

before an impounded animal may be released to its owner.

     (f) Notwithstanding the provisions of subsection (a) of this section, the Foster town

council is authorized to enact an ordinance providing for an impoundment fee of not more than

fifteen dollars ($15.00) per day for any impounded animal, and requiring payment of the fee

before an impounded animal may be released to its owner.


 

 

 

7)

Section

Amend Chapter Numbers:

 

11-47-2

9 and 10

 

 

11-47-2. Definitions.

     When used in this chapter, the following words and phrases are construed as follows:

     (1) "3D printing process" means 3D printing or additive manufacturing which is a

process of making three (3) dimensional solid objects from a computer file and shall include any

of various processes in which material is joined or solidified under computer control to create a

three (3) dimensional object, with material being added together including liquid molecules, or

powder grains.

     (1)(2) "Antique firearm" is defined as that term is defined under the provisions of 18

U.S.C. § 921.

     (2)(3) "Binary trigger" means a device that replaces a standard trigger on a semi-

automatic weapon and is designed to fire one round on the pull of the trigger and another round

upon release of the trigger.

     (3)(4) "Bump-fire stock" means any device that replaces a semi-automatic weapon's

standard stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to

rapidly fire the weapon.

     (4)(5) "Crime of violence" means and includes any of the following crimes or an attempt

to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first-

or second-degree child molestation, kidnapping, first- and second-degree arson, mayhem,

robbery, burglary, breaking and entering, any felony violation involving the illegal manufacture,

sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or

deliver a controlled substance classified in schedule I or schedule II of § 21-28-2.08, any

violation of § 21-28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these

statutes, assault with a dangerous weapon, assault or battery involving grave bodily injury, or

assault with intent to commit any offense punishable as a felony; upon any conviction of an

offense punishable as a felony offense under § 12-29-5.

     (5)(6) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun",

"BB gun", or other instrument from which steel or metal projectiles are propelled, or that may

readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows,

and except instruments propelling projectiles that are designed or normally used for a primary

purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a

firearm under the provisions of this section.

     (6)(7) "Fugitive from justice" means any person who has fled from any state, territory,

the District of Columbia, or possession of the United States to avoid prosecution for a crime of

violence or to avoid giving testimony in any criminal proceeding.

     (8) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial

number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer,

maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does

not include a firearm that has been rendered permanently inoperable, or a firearm that is not

required to have a serial number in accordance with the Federal Gun Control Act of 1968.

     (7)(9) "Licensing authorities" means the board of police commissioners of a city or town

where the board has been instituted, the chief of police or superintendent of police of other cities

and towns having a regular organized police force, and, in towns where there is no chief of police

or superintendent of police, it means the town clerk who may issue licenses upon the

recommendation of the town sergeant, and it also means any other person or body duly authorized

by the city or town charter or by state law.

     (8)(10) "Machine gun" means any weapon that shoots, is designed to shoot, or can be

readily restored to shoot automatically more than one shot, without manual reloading, by a single

function of the trigger. The term also includes the frame or receiver of the weapon, any

combination of parts designed and intended for use in converting a weapon into a machine gun,

and any combination of parts from which a machine gun can be assembled if the parts are in the

possession or under the control of a person.

     (11) "Major component" means, with respect to a firearm:

     (i) The slide or cylinder or the frame or receiver of the firearm; and

     (ii) In the case of a rifle or shotgun, includes the barrel of the firearm.

     (9)(12) "Person" includes an individual, partnership, firm, association, or corporation.

     (10)(13) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar

weapon with overall length less than twenty-six inches (26"), but does not include any pistol or

revolver designed for the use of blank cartridges only.

     (11)(14) "Sawed-off rifle" means any rifle with overall length of less than twenty-six

inches (26") or barrel length of less than sixteen inches (16").

     (12)(15) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-

six inches (26") or barrel length of less than eighteen inches (18").

     (13)(16) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

accept, and borrow, and "purchasing" shall be construed accordingly.

     (14)(17) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi-

automatic weapon and causes the weapon to fire by turning the crank handle.

     (18) "Undetectable firearm" means any firearm that:

     (i) After removal of all parts, other than a major component, is not as detectable by walk-

through metal detectors commonly used at airports or other public buildings; or

     (ii) Any major component of which, if subjected to inspection by the types of detection

devices commonly used at airports or other public buildings for security screening, would not

generate an image that accurately depicts the shape of the component; or

     (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or

     (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased

into on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or

markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not

apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968.


 

 

 

8)

Section

Amend Chapter Numbers:

 

11-47-8

9 and 10

 

 

11-47-8. License or permit required for carrying pistol -- Other weapons prohibited.

     (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-

12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her

person whether visible or concealed, except in his or her dwelling house or place of business or

on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of

these sections shall not apply to any person who is the holder of a valid license or permit issued

by the licensing authority of another state, or territory of the United States, or political

subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any

vehicle or conveyance or on or about his or her person whether visible or concealed, provided the

person is merely transporting the firearm through the state in a vehicle or other conveyance

without any intent on the part of the person to detain him or herself or remain within the state of

Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as

otherwise provided in this chapter. Every person violating the provision of this section shall, upon

conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by

a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this

section, shall not be afforded the provisions of suspension or deferment of sentence, nor a

probation.

     (b) No person shall have in his or her possession or under his or her control any sawed-

off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this

subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five

thousand dollars ($5,000), or both.

     (c) No person shall have in his or her possession or under his or her control any firearm

while the person delivers, possesses with intent to deliver, or manufactures a controlled

substance. Any person convicted of violating this subsection shall be punished by imprisonment

for not less than two (2) years nor more than twenty (20) years, and the sentence shall be

consecutive to any sentence the person may receive for the delivery, possession with intent to

deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of

this subsection that a person has a license or permit to carry or possess a firearm.

     (d) It shall be unlawful for any person to possess a bump-fire device, binary trigger,

trigger crank, or any other device that when attached to a semi-automatic weapon allows full-

automatic fire. Individuals who possess these items shall have ninety (90) days from the

enactment of this section to either sell, destroy, or otherwise remove these items from the state of

Rhode Island. Every person violating the provisions of this section shall, upon conviction, be

punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to

ten thousand dollars ($10,000), or both, and, except for a first conviction under this section, shall

not be afforded the provisions of suspension or deferment of sentence, nor a probation.

     (e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have

under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D

printing process. Any person convicted of violating this subsection shall be punished by

imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000),

or both and except for a first conviction under this section shall not be afforded the provisions of

suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to

federally licensed manufacturers (FLN) pursuant to Alcohol, Tobacco, Firearms, and Explosives

(ATF) regulations.

     SECTION 3. Severability. If any provision of this act or the application thereof to any

person or circumstances is held invalid, such invalidity shall not affect any other provisions or

applications of this act, which can be given effect without the invalid provision or application,

and to this end the provisions of this act are declared to be severable.

 SECTION 4. This act shall take effect upon passage and its provisions shall be

enforceable ninety (90) thirty (30) days after passage.


 

 

 

9)

Section

Amend Chapter Numbers:

 

11-47-35

61 and 68

 

 

11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board --

Issuance of permits to certain government officers.

     (a)(1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall

have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with

the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the

United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and

any nonresident member of the armed forces of the United States who is stationed in this state and who is twenty-one (21) years of age or older, may upon application purchase or acquire a pistol or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser

shall: (i) complete and sign in triplicate and deliver to the person selling the pistol or revolver the

application form described in this section, and in no case shall it contain the serial number of

the pistol or revolver; and (ii) shall present to the person selling the pistol or revolver a pistol/revolver safety certificate issued by the department of environmental management. The

certificate shall be retained in the possession of the buyer.  The pistol/revolver safety course as shall be administered by the department of environmental management.

(Face of application form)

Application to Purchase Pistol or Revolver

Date ………………………………………… Hour ………………………………… A.M. P.M.

Name

Address

      (Street and number) (City or town) (State)

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Have you ever been convicted of a crime of violence

(See § 11-47-2)

Have you ever been adjudicated or under confinement as addicted to a controlled substance

Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is pistol or revolver being purchased

Seller's address

Seller's signature

Applicant's signature

(See § 11-47-23 for penalty for false information on this application)

(Reverse side of application form)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

-- 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence Plantations,

and that I am aware of the penalties for violation of the provisions of the cited sections. I further

certify that I have completed the required basic pistol/revolver safety course.

     Signed

      (over)

     County of

     State of Rhode Island

     Subscribed and sworn before me this ……… day of………. A.D. 20..

      Notary Public

      ......................................

     (2) The person selling the pistol or revolver shall on the date of application sign and forward

by registered mail, or by delivery in person, or by electronic mail if approved by the applicable

police department, the original and duplicate copies of the application to the superintendent of the

Rhode Island state police or the chief of police in the city or town in which the person purchaser

has his or her residence or to the superintendent of the Rhode Island state police in the instance

where the purchaser either resides in the town of Exeter or resides out of state place of business.

The superintendent of the Rhode Island state police or the chief of police in the city or town in

which the person purchaser has his or her residence or place of business shall mark or stamp the

original copy of the application form with the date and the time of receipt and return it by the most

expeditious means to the person who is selling the pistol or revolver. The triplicate copy

duly signed by the person who is selling the pistol or revolver shall within seven (7) days be sent

by him or her by registered mail, by delivery in person, or by electronic mail to the attorney

general. The person who is selling the pistol or revolver shall retain the original copy duly receipted by

the police authority to whom sent or delivered for a period of six (6) years with other

records of the sale. It shall be the duty of the police authority to whom the duplicate copy

of the application form is sent or delivered to make a background check of the applicant to ascertain

whether he or she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or

11-47-23. If, after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following

application, no disqualifying information has been received from the investigating

police authority by the person who is selling the pistol or revolver, he or she will deliver the firearm

applied for to the applicant purchaser. Upon the finding of no disqualifying information

under the provisions of the above cited sections of this chapter, and in no case later than thirty (30) days

after the date of application, the duplicate and triplicate copies of the application will

be destroyed. Retention of the duplicate and triplicate copies in violation of this section or any

unauthorized use of the information contained in the copies by a person or agency shall be

punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this section shall

not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to purchases by retail dealers

duly licensed under the provisions of § 11-47-39.

     (b)(1) The department of environmental management shall establish the basic

pistol/revolver safety course required by this section. The safety course shall consist of not less

than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course

shall be available to buyers continually throughout the year at convenient times and places

but at least monthly at locations throughout the state, or more frequently as required. Proficiency

in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate.

No person shall be required to complete the course more than once; provided, that any person

completing the course who is unable to produce the safety certificate issued by the department of

environmental management shall be required to take the course again unless the person provides

evidence to the department that he or she has successfully completed the course.

     (2) The administration of the basic pistol/revolver safety course required by this section

shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

     (c) Proof of passage of the department of environmental management's basic hunter safety

course will be equivalent to the pistol/revolver safety certificate mandated by this section.

     (d) Any person who has reason to believe that he or she does not need the required handgun

safety course may apply by any written means to the department of environmental management to take an objective test on the subject of matter of the handgun safety course. The test shall be

prepared, as well as an instruction manual upon which the test shall be based, by the department.

The manual shall be made available by any means to the applicant who may, within the time limits for

application, take the objective test at the department or at any location where the

handgun safety course is being given. Any person receiving a passing grade on the test shall be

issued a pistol/revolver safety certificate by the department.

     (e) [Deleted by P.L. 2005, Ch. 20, § 11 and P.L. 2005, Ch. 27, § 11].

     (f) The following persons shall be issued basic pistol/revolver permits by the department

of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the

state police, prison or jail wardens or their deputies, members of the city or town police force,

members of the park police, conservation officers, members of the airport police and officers of the

United States government authorized by law to carry a concealed firearm and, at the discretion of

the department of environmental management, any person who can satisfactorily establish that he

or she formerly held one of these offices or were so authorized.

     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast Guard

on active duty shall not be required to obtain a basic pistol/revolver safety certificate or basic

pistol/revolver permit under this section so long as he or she remains on active duty.

     (h) Any person who is serving in the active reserve components of the Army, Navy, Air

Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode Island

National Guard, shall not be required to obtain a basic pistol/revolver safety certificate

under this section so long as he or she remains in active status.


 

 

 

 

10)

Section

Amend Chapter Numbers:

 

11-47-35.2

61 and 68

 

 

11-47-35.2. Sale of rifles/shotguns.

     (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall have

elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with

the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of the

United States and/or lawful resident of this state who is eighteen (18) years of age or older, and any

non-resident member of the armed forces of the United States who is stationed in this

state and who is eighteen (18) years of age or older, may, upon application, purchase or acquire

a rifle or shotgun. At the time of applying for the purchase of a shotgun or rifle the purchaser shall

complete and sign in triplicate and deliver to the seller the application form described in this section,

and in no case shall it contain the serial number of the rifle or shotgun. (Face of application form)

Application to Purchase Shotgun or Rifle

Date ………………………………………… Hour ………………………………… A.M. P.M.

Name

Address

      (Street and number) (City or town) (State)

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Have you ever been convicted of a crime of violence

(See § 11-47-2 General Laws of Rhode Island)

Have you ever been adjudicated or under confinement as addicted to a controlled substance

Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is shotgun or rifle being purchased

Seller's address

Seller's signature

Applicant's signature

(See § 11-47-23 for penalty for false information on this application)

(Reverse side of application form)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

-- 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence Plantations,

and that I am aware of the penalties for violation of the provisions of the cited sections.

     Signed

     County of

     State of Rhode Island

     Subscribed and sworn before me this ……… day of………. A.D. 20..

      Notary Public

      ......................................

     (b) The person who is selling the rifle or shotgun shall, on the date of application, sign and

forward by registered mail or by delivery in person, or by electronic mail if approved by the

applicable police department, the original and duplicate copies of the application to the

superintendent of the Rhode Island state police or the chief of police in the city or town in which

the seller purchaser has his or her residence or to the superintendent of the Rhode Island state police

in the instance where the purchaser either resides in the town of Exeter or resides out of

state place of business. The superintendent of the Rhode Island state police or the chief of police

in the city or town in which the person purchaser has his or her residence or place of business 

shall mark or stamp the original copy of the application form with the date and time of receipt

and return it by the most expeditious means to the seller. The triplicate copy duly signed by the seller

shall within seven (7) days be sent by him or her by registered mail, by delivery in person,

or by electronic mail, to the attorney general. The person who is selling the rifle or shotgun shall

retain the original copy duly receipted by the police authority to whom sent or delivered for a period

of six (6) years with other records of the sale. It shall be the duty of the police authority to whom the

duplicate copy of the application form is sent or delivered to make a background check of the applicant

to ascertain whether he or she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If,

after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day

following application, no disqualifying information has been received from the investigating

police authority by the person who is selling the rifle or shotgun, he or she will deliver the firearm

applied for to the applicant purchaser. Upon the finding of no disqualifying information under the

provisions of the above cited sections of this chapter, and in no case later than thirty (30) days

after the date of application, the duplicate and triplicate copies of the application will be destroyed.

Retention of the duplicate and triplicate copies in violation of this chapter or any unauthorized use of the information contained in them by a person or agency shall be punishable by a fine of not more than one

thousand dollars($1,000). The provisions of this section shall not apply to

bonafide sales at wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly

licensed under the provisions of § 11-47-39.

     (c) The provisions of this section shall not apply to full-time members of the state police,

full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-

47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as defined in § 11-47-2.


 

 

 

 

11)

Section

Repeal Chapter Numbers:

 

15-8

59 and 60

 

 

CHAPTER 15-8. [Repealed]


 

 

 

 

12)

Section

Repeal Chapter Numbers:

 

15-8-1

59 and 60

 

 

15-8-1. [Repealed].


 

 

 

13)

Section

Repeal Chapter Numbers:

 

15-8-2

59 and 60

 

 

15-8-2. [Repealed].


 

 

 

14)

Section

Repeal Chapter Numbers:

 

15-8-3

59 and 60

 

 

15-8-3. [Repealed].


 

 

 

15)

Section

Repeal Chapter Numbers:

 

15-8-4

59 and 60

 

 

15-8-4. [Repealed].


 

 

 

16)

Section

Repeal Chapter Numbers:

 

15-8-5

59 and 60

 

 

15-8-5. [Repealed].


 

 

 

17)

Section

Repeal Chapter Numbers:

 

15-8-6

59 and 60

 

 

5-8-6. [Repealed].


 

 

 

18)

Section

Repeal Chapter Numbers:

 

15-8-7

59 and 60

 

 

15-8-7. [Repealed].


 

 

 

19)

Section

Repeal Chapter Numbers:

 

15-8-8

59 and 60

 

 

15-8-8. [Repealed].


 

 

 

20)

Section

Repeal Chapter Numbers:

 

15-8-8.1

59 and 60

 

 

15-8-8.1 [Repealed].


 

 

 

21)

Section

Repeal Chapter Numbers:

 

15-8-9

59 and 60

 

 

15-8-9. [Repealed].


 

 

 

22)

Section

Repeal Chapter Numbers:

 

15-8-10

59 and 60

 

 

15-8-10. [Repealed].


 

 

 

23)

Section

Repeal Chapter Numbers:

 

15-8-11

59 and 60

 

 

15-8-11. [Repealed].


 

 

 

 

24)

Section

Repeal Chapter Numbers:

 

15-8-12 to 15-8-14

59 and 60

 

 

15-8-12 -- 15-8-14. [Repealed].


 

 

 

25)

Section

Repeal Chapter Numbers:

 

15-8-15

59 and 60

 

 

15-8-15. [Repealed].


 

 

 

26)

Section

Repeal Chapter Numbers:

 

15-8-16

59 and 60

 

 

15-8-16. [Repealed].


 

 

 

27)

Section

Repeal Chapter Numbers:

 

15-8-17

59 and 60

 

 

15-8-17. [Repealed].


 

 

 

28)

Section

Repeal Chapter Numbers:

 

15-8-18

59 and 60

 

 

15-8-18. [Repealed].


 

 

 

29)

Section

Repeal Chapter Numbers:

 

15-8-18.1

59 and 60

 

 

15-8-18.1. [Repealed].


 

 

 

30)

Section

Repeal Chapter Numbers:

 

15-8-19

59 and 60

 

 

15-8-19. [Repealed].


 

 

 

31)

Section

Repeal Chapter Numbers:

 

15-8-20

59 and 60

 

 

15-8-20. [Repealed].


 

 

 

32)

Section

Repeal Chapter Numbers:

 

15-8-21

59 and 60

 

 

15-8-21. [Repealed].


 

 

 

33)

Section

Repeal Chapter Numbers:

 

15-8-22

59 and 60

 

 

15-8-22. [Repealed].


 

 

 

34)

Section

Repeal Chapter Numbers:

 

15-8-23

59 and 60

 

 

15-8-23. [Repealed].


 

 

 

35)

Section

Repeal Chapter Numbers:

 

15-8-24

59 and 60

 

 

15-8-24. [Repeal].


 

 

 

36)

Section

Repeal Chapter Numbers:

 

15-8-25

59 and 60

 

 

15-8-25. [Repeal]


 

 

 

37)

Section

Repeal Chapter Numbers:

 

15-8-26

59 and 60

 

 

15-8-26. [Repeal].


 

 

 

38)

Section

Repeal Chapter Numbers:

 

15-8-27

59 and 60

 

 

15-8-27. [Repeal].


 

 

 

39)

Section

Repeal Chapter Numbers:

 

15-8-28

59 and 60

 

 

15-8-28. [Repeal].


 

 

 

40)

Section

Add Chapter Numbers:

 

15-8.1

59 and 60

 

 

CHAPTER 8.1

UNIFORM PARENTAGE ACT

Article 1. Definitions, Scope and General Provisions.


 

 

 

41)

Section

Add Chapter Numbers:

 

15-8.1-101

59 and 60

 

 

15-8.1-101. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Uniform Parentage

Act".


 

 

 

42)

Section

Add Chapter Numbers:

 

15-8.1-102

59 and 60

 

 

15-8.1-102. Definitions.

     As used in this chapter:

     (1) "Acknowledged parent" means an individual who has established a parent-child

relationship pursuant to article 3 of this chapter.

     (2) "Adjudicated parent" means an individual who has been adjudicated by a court of

competent jurisdiction to be a parent of a child.

     (3) "Alleged genetic parent" means an individual who is alleged to be, or alleges that the

individual is, a genetic parent or possible genetic parent of a child whose parentage has not been

adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does

not include:

     (i) A presumed parent;

     (ii) A person whose parental rights have been terminated or declared not to exist; or

     (iii) A donor.

     (4) "Assisted reproduction" means a method of causing pregnancy other than through

sexual intercourse and includes, but is not limited to:

     (i) Intrauterine, intracervical, or vaginal insemination;

     (ii) Donation of gametes;

     (iii) Donation of embryos;

     (iv) In vitro fertilization and transfer of embryos; and

     (v) Intracytoplasmic sperm injection.

     (5) "Birth" includes stillbirth and fetal death.

     (6) “Birth order” means those orders declaring parentage of a child, which may be obtained

from a court of competent jurisdiction before or after birth of a child.

     (7) "Child" means an individual of any age whose parentage may be determined pursuant

to this chapter.

     (8) "Determination of parentage" means establishment of a parent-child relationship by a

judicial or administrative proceeding or signing of a valid acknowledgement of parentage pursuant

to article 3 of this chapter.

     (9) “Domestic assault” shall include any offense as set forth in § 12-29-2.

     (10) "Donor" means an individual who contributes a gamete or gametes or an embryo or

embryos to another individual intended for assisted reproduction or gestation, whether or not for

consideration. This term does not include:

     (i) An individual who gives birth to a child conceived by assisted reproduction except as

otherwise provided in article 8 of this chapter; or

     (ii) A parent pursuant to article 7 of this chapter or an intended parent pursuant to article 8

of this chapter.

     (11) "Embryo" means a cell or group of cells containing a diploid complement of

chromosomes or a group of such cells, not including a gamete, that has the potential to develop into

a live born human being if transferred into the body of a person under conditions in which

gestation may be reasonably expected to occur.

     (12) "Gamete" means sperm, egg, or any part of a sperm or egg.

     (13) "Gestational carrier" means an adult individual who is not an intended parent and who

enters into a gestational carrier agreement to bear a child conceived using the gametes of another

individual and not the gestational carrier’s own, except that an individual who carries a child for a

family member using the gestational carrier’s own gametes and who fulfills the requirements of

article 8 of this chapter is a gestational carrier.

     (14) "Gestational carrier agreement" means a contract between an intended parent or

parents and a gestational carrier intended to result in a live birth.

     (15) "Intended parent" means an individual, whether married or unmarried, who manifests

an intent to be legally bound as a parent of a child conceived through assisted reproduction or a

gestational carrier agreement.

     (16) "Marriage" means and includes civil union and any legal relationship that provides

substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid

in the state or jurisdiction in which it was entered.

     (17) "Parent" means an individual who has established parentage that meets the

requirements of this chapter.

     (18) "Parentage" means the legal relationship between a child and a parent as established

under this chapter.

     (19) "Presumed parent" means a person who is presumed to be the parent of a child under

§ 15-8.1-401, unless the presumption is overcome in a judicial proceeding, a valid denial of

parentage is made under article 3 of this chapter, or a court adjudicates the individual to be a parent.

     (20) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form.

     (21) “Sexual assault” shall include sexual assault as provided in § 11-37-2, child

molestation as provided in §§ 11-37-8.1 and 11-37-8.3, and indecent solicitation of a minor as

provided in § 11-37-8.8, and similar offenses in other jurisdictions.

     (22) “Sexual exploitation” shall include sexual exploitation of a minor as provided in § 11-

9-1, sexual abuse of a vulnerable adult as provided in chapter 37 of title 11, and similar offenses in

other jurisdictions.

     (23) "Sign" means, with the intent to authenticate or adopt a record, to:

     (i) Execute or adopt a tangible symbol; or

     (ii) Attach to or logically associate with the record an electronic symbol, sound, or process.

     (24) "Signatory" means an individual who signs a record.

     (25) "Spouse" includes a partner in a civil union or a partner in a legal relationship that

provides substantially the same rights, benefits, and responsibilities as marriage and is recognized

as valid in the state or jurisdiction in which it was entered.

     (26) "Transfer" means a procedure for assisted reproduction by which an embryo or sperm

is placed in the body of the individual who will give birth to the child.

     (27) "Witnessed" means that at least one individual is authorized to sign and has signed a

record to verify that the individual personally observed a signatory sign the record.


 

 

 

43)

Section

Add Chapter Numbers:

 

15-8.1-102

59 and 60

 

 

15-8.1-102. Definitions.

 

     As used in this chapter:

 

     (1) "Acknowledged parent" means an individual who has established a parent-child

 

relationship pursuant to article 3 of this chapter.

 

     (2) "Adjudicated parent" means an individual who has been adjudicated by a court of

 

competent jurisdiction to be a parent of a child.

 

     (3) "Alleged genetic parent" means an individual who is alleged to be, or alleges that the

 

individual is, a genetic parent or possible genetic parent of a child whose parentage has not been

 

adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does

not include:

 

 

     (i) A presumed parent;

 

     (ii) A person whose parental rights have been terminated or declared not to exist; or

 

     (iii) A donor.

 

     (4) "Assisted reproduction" means a method of causing pregnancy other than through

 

sexual intercourse and includes, but is not limited to:

 

     (i) Intrauterine, intracervical, or vaginal insemination;

 

     (ii) Donation of gametes;

 

     (iii) Donation of embryos;

 

     (iv) In vitro fertilization and transfer of embryos; and

 

     (v) Intracytoplasmic sperm injection.

 

     (5) "Birth" includes stillbirth and fetal death.

 

     (6) “Birth order” means those orders declaring parentage of a child, which may be obtained

 

from a court of competent jurisdiction before or after birth of a child.

 

     (7) "Child" means an individual of any age whose parentage may be determined pursuant

 

to this chapter.

 

     (8) "Determination of parentage" means establishment of a parent-child relationship by a

 

judicial or administrative proceeding or signing of a valid acknowledgement of parentage pursuant

 

to article 3 of this chapter.

 

     (9) “Domestic assault” shall include any offense as set forth in § 12-29-2.

 

     (10) "Donor" means an individual who contributes a gamete or gametes or an embryo or

 

embryos to another individual intended for assisted reproduction or gestation, whether or not for

 

consideration. This term does not include:

 

     (i) An individual who gives birth to a child conceived by assisted reproduction except as

 

otherwise provided in article 8 of this chapter; or

 

     (ii) A parent pursuant to article 7 of this chapter or an intended parent pursuant to article 8

 

of this chapter.

 

     (11) "Embryo" means a cell or group of cells containing a diploid complement of

 

chromosomes or a group of such cells, not including a gamete, that has the potential to develop into

a live born human being if transferred into the body of a person under conditions in which

 

gestation may be reasonably expected to occur.

 

 

     (12) "Gamete" means sperm, egg, or any part of a sperm or egg.

 

     (13) "Gestational carrier" means an adult individual who is not an intended parent and who

 

enters into a gestational carrier agreement to bear a child conceived using the gametes of another

 

individual and not the gestational carrier’s own, except that an individual who carries a child for a

 

family member using the gestational carrier’s own gametes and who fulfills the requirements of

 

article 8 of this chapter is a gestational carrier.

 

     (14) "Gestational carrier agreement" means a contract between an intended parent or

 

parents and a gestational carrier intended to result in a live birth.

 

     (15) "Intended parent" means an individual, whether married or unmarried, who manifests

 

an intent to be legally bound as a parent of a child conceived through assisted reproduction or a

 

gestational carrier agreement.

 

     (16) "Marriage" means and includes civil union and any legal relationship that provides

 

substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid

 

in the state or jurisdiction in which it was entered.

 

     (17) "Parent" means an individual who has established parentage that meets the

 

requirements of this chapter.

 

     (18) "Parentage" means the legal relationship between a child and a parent as established

 

under this chapter.

 

     (19) "Presumed parent" means a person who is presumed to be the parent of a child under

 

§ 15-8.1-401, unless the presumption is overcome in a judicial proceeding, a valid denial of

 

parentage is made under article 3 of this chapter, or a court adjudicates the individual to be a parent.

 

     (20) "Record" means information that is inscribed on a tangible medium or that is stored

 

in an electronic or other medium and is retrievable in perceivable form.

 

     (21) “Sexual assault” shall include sexual assault as provided in § 11-37-2, child

 

molestation as provided in §§ 11-37-8.1 and 11-37-8.3, and indecent solicitation of a minor as

 

provided in § 11-37-8.8, and similar offenses in other jurisdictions.

 

     (22) “Sexual exploitation” shall include sexual exploitation of a minor as provided in § 11-

 

9-1, sexual abuse of a vulnerable adult as provided in chapter 37 of title 11, and similar offenses in

 

other jurisdictions.

 

     (23) "Sign" means, with the intent to authenticate or adopt a record, to:

 

     (i) Execute or adopt a tangible symbol; or

 

     (ii) Attach to or logically associate with the record an electronic symbol, sound, or process.

 

     (24) "Signatory" means an individual who signs a record.

 

     (25) "Spouse" includes a partner in a civil union or a partner in a legal relationship that

 

provides substantially the same rights, benefits, and responsibilities as marriage and is recognized

 

as valid in the state or jurisdiction in which it was entered.

 

     (26) "Transfer" means a procedure for assisted reproduction by which an embryo or sperm

 

is placed in the body of the individual who will give birth to the child.

 

     (27) "Witnessed" means that at least one individual is authorized to sign and has signed a

 

record to verify that the individual personally observed a signatory sign the record.

 


 

 

 

44)

Section

Add Chapter Numbers:

 

15-8.1-103

59 and 60

 

 

15-8.1-103. Scope and application.

     (a) This chapter applies to an adjudication and determination of parentage in the state of

Rhode Island.

     (b) The court shall apply the law of the state of Rhode Island to adjudicate parentage.

     (c) This chapter does not create, enlarge, or diminish parental rights or responsibilities

under other laws of the state of Rhode Island or the equitable powers of the courts, except as

provided in this chapter.


 

 

 

45)

Section

Add Chapter Numbers:

 

15-8.1-104

59 and 60

 

 

15-8.1-104. Parentage proceeding.

     (a) A proceeding to adjudicate the parentage of a child shall be maintained in accordance

with this chapter and with the family court rules of domestic relations procedure and/or the rules

of juvenile proceedings, except that proceedings for orders of parentage, pursuant to § 15-8.1-804,

may be maintained in accordance with the superior court rules of civil procedure.

     (b) If a complaint is brought by the office of child support services, the complaint shall be

accompanied by an affidavit of the parent whose rights have been assigned. In cases where the

assignor is not a genetic parent or is a genetic parent who refuses to provide an affidavit, the

affidavit may be submitted by the office of child support services, but the affidavit alone shall not

support a default judgment on the issue of parentage.

     (c) Original actions to adjudicate parentage may be commenced in the family court, except

that proceedings for orders of parentage under § 15-8.1-804, may be commenced in either the

family court or the superior court.

     (d) There shall be no right to a jury trial in an action to determine parentage.

     (e) An individual who is a party to a parentage action shall disclose that individual’s social

security number to the court. The social security number of an individual subject to a parentage

adjudication shall be placed in the court records relating to the adjudication. The court shall disclose

an individual’s social security number to the office of child support.


 

 

 

46)

Section

Add Chapter Numbers:

 

15-8.1-105

59 and 60

 

 

15-8.1-105. Standing to maintain proceeding.

     (a) Subject to other provisions of this chapter, a proceeding to adjudicate parentage may be

maintained by:

     (1) The child;

     (2) The individual who gave birth to the child unless a court has adjudicated that the

individual is not a parent or the individual is a gestational carrier who is not a parent under article

8 of this chapter;

     (3) An individual whose parentage is to be adjudicated;

     (4) An individual who is a parent under this chapter;

     (5) The office of child support services; or

     (6) A representative authorized by law to act for an individual who would otherwise be

entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.

     (b) A foster parent does not have standing under this chapter to establish parentage based

solely on their status as a foster parent.


 

 

 

47)

Section

Add Chapter Numbers:

 

15-8.1-106

59 and 60

 

 

15-8.1-106. Notice of proceeding.

     (a) Except as provided in subsections (d) and (e) of this section, an individual filing a

proceeding to adjudicate parentage pursuant to this chapter shall give notice of the proceeding to

adjudicate parentage to the following:

     (1) The individual who gave birth to the child unless a court has adjudicated that the

individual is not a parent;

     (2) An individual who is a parent of the child under this chapter;

     (3) A presumed, acknowledged, or adjudicated parent of the child;

     (4) A person whose parentage of the child is to be adjudicated; and

     (5) The office of child support services, in cases in which either party is a recipient of

public assistance benefits from the department of human services and has assigned the right to child

support, or in cases in which either party has requested the services of the office of child

support services.

     (b) An individual entitled to notice under subsection (a) of this section and the office of

child support services, where the office is involved pursuant to subsection (a)(5) of this section, has a

right to intervene in the proceeding.

     (c) Lack of notice required under subsection (a) of this section shall not render a judgment

void. Lack of notice shall not preclude an individual entitled to notice under subsection (a) of this

section from bringing a proceeding pursuant to this chapter.

     (d) Notice of complaints for orders of parentage under § 15-8.1-804 shall be as required in

§ 15-8.1-804.

     (e) Donors, as defined in § 15-8.1-102, are not entitled to notice.


 

 

 

48)

Section

Add Chapter Numbers:

 

15-8.1-107

59 and 60

 

 

15-8.1-107. Personal jurisdiction.

     (a) An individual shall not be adjudicated a parent unless the court has personal jurisdiction

over the individual.

     (b) A court having jurisdiction to adjudicate parentage may exercise personal jurisdiction

over a nonresident individual, or the guardian or conservator of the individual, if the conditions

prescribed for actions regarding interstate child support, pursuant to § 15-23.1-201 of the Uniform

Interstate Family Support Act, are fulfilled.

     (c) Lack of jurisdiction over one person does not preclude the court from making an

adjudication of parentage binding on another individual over whom the court has personal

jurisdiction.


 

 

49)

Section

Add Chapter Numbers:

 

15-8.1-108

59 and 60

 

 

15-8.1-108. Venue.

     Venue for a proceeding to adjudicate parentage shall be in the county in which:

     (1) The child resides or is present or, for purposes of article 7 or 8 of this chapter, is or will

be born;

     (2) Any parent or intended parent resides;

     (3) The respondent resides or is present if the child does not reside in this state;

     (4) A proceeding for probate or administration of the parent or alleged parent’s estate has

been commenced; or

     (5) A child protection proceeding with respect to the child has been commenced.

 

 

 

 

50)

Section

Add Chapter Numbers:

 

15-8.1-109

59 and 60

 

 

15-8.1-109. Joinder of proceedings.

     (a) Except as otherwise provided in subsection (b) of this section, a proceeding to

adjudicate parentage may be joined with a proceeding for parental rights and responsibilities,

parent-child contact, child support, child protection, termination of parental rights, divorce,

annulment, legal separation, guardianship, probate or administration of an estate or other

appropriate proceeding, or a challenge or rescission of acknowledgment of parentage. Such

proceedings shall be in the family court.

     (b) A respondent may not join a proceeding set forth in subsection (a) of this section with

a proceeding to adjudicate parentage brought as part of an interstate child support enforcement

action under § 15-23.1-201 of the Uniform Interstate Family Support Act.


 

 

 

 

51)

Section

Add Chapter Numbers:

 

15-8.1-110

59 and 60

 

 

15-8.1-110. Orders.

     (a) In a proceeding under this chapter, the court may issue an interim order for support of

a child in accordance with the child support guidelines under § 15-5-16.2 and as established by the

family court with respect to an individual who is:

     (1) A presumed, acknowledged, or adjudicated parent of the child;

     (2) Petitioning to have parentage adjudicated;

     (3) Identified as the genetic parent through genetic testing under article 6 of this chapter;

     (4) An alleged genetic parent who has declined to submit to genetic testing;

     (5) Shown by a preponderance of evidence to be a parent of the child;

     (6) The individual who gave birth to the child, other than a gestational carrier; or

     (7) A parent under this chapter.

     (b) In a proceeding under this chapter, the court may make an interim order regarding

parental rights and responsibilities on a temporary basis.

     (c) Final orders concerning child support or parent rights and responsibilities shall be

governed by title 15.


 

 

 

52)

Section

Add Chapter Numbers:

 

15-8.1-111

59 and 60

 

 

15-8.1-111. Admission of parentage authorized.

     (a) A respondent in a proceeding to adjudicate parentage may admit parentage of a child

when making an appearance or during a hearing in a proceeding involving the child or by filing a

pleading to such effect. An admission of parentage pursuant to this section is different from an

acknowledgment of parentage, as provided in article 3 of this chapter.

     (b) If the court finds an admission to be consistent with the provisions of this chapter and

rejects any objection filed by another party, the court may issue an order adjudicated the child to

be the child of the individual admitting parentage.


 

 

 

53)

Section

Add Chapter Numbers:

 

15-8.1-112

59 and 60

 

 

15-8.1-112. Order on default.

     The court may issue an order adjudicating the parentage of an individual who is in default,

provided that:

     (1) The individual was served with notice of the proceeding; and

     (2) The individual is found by the court to be the parent of the child based on a

preponderance of the evidence.


 

 

 

54)

Section

Add Chapter Numbers:

 

15-8.1-113

59 and 60

 

 

15-8.1-113. Order adjudicating parentage.

     (a) In a proceeding under this chapter, the court shall issue a final order adjudicating

whether a person alleged or claiming to be a parent is the parent of a child.

     (b) A final order under subsection (a) of this section, shall identify the child by name and

date of birth.

     (c) On request of a party and for good cause shown, the court may order that the name of

the child be changed.

     (d) If the final order under subsection (a) of this section, is at variance with the child’s birth

certificate, the department of health, division of vital statistics, shall issue an amended birth

certificate.


 

 

 

55)

Section

Add Chapter Numbers:

 

15-8.1-114

59 and 60

 

 

15-8.1-114. Binding effect of determination of parentage.

     (a) Except as otherwise provided in subsection (b) of this section, a determination of

parentage shall be binding on:

     (1) All signatories to an acknowledgment form of parentage or denial of parentage, as

provided in article 3 of this chapter; and

     (2) All parties to an adjudication by a court acting under circumstances that satisfy the

jurisdictional requirements of § 15-8.1-107.

     (b) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication

of the parentage of a child if:

     (1) The court acts under circumstances that satisfy the jurisdictional requirements of § 15-

8.1-107; and

     (2) The final order:

     (i) Expressly identified a child as a "child of the marriage" or "issue of the marriage" or by

similar words indicates that the parties are the parents of the child; or

     (ii) Provides for support of the child by the parent or parents.

     (c) Except as otherwise provided in this chapter, a determination of parentage shall be a

defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a

party to the earlier proceeding.

     (d) Appeal of adjudication.

     (1) A party to an adjudication of parentage or a party who received notice under § 15-8.1-

106, may challenge the adjudication only by appeal or in a manner otherwise consistent with the

rules governing a collateral attack on a judgment.

     (2) An individual who has standing under § 15-8.1-105, but who did not receive notice of

the adjudication of parentage under § 15-8.1-106, and was not a party to the adjudication, may

challenge the adjudication within two (2) years after the effective date of the adjudication. The

court, in its discretion, shall permit the proceeding only if it finds that it is in the best interests of

the child. If the court permits the proceeding, the court shall adjudicate parentage under § 15-8.1-

206.

     (e) An appeal of an acknowledgment by a nonsignatory shall be provided in article 3 of

this chapter.

     (f) A child shall not be bound by a determination of parentage under this chapter unless:

     (1) The determination was based on an unrescinded acknowledgment of parentage and the

acknowledgment is consistent with the results of genetic testing;

     (2) The determination was based on a finding consistent with the results of genetic testing;

     (3) The determination of parentage was made under article 7 or 8 of this chapter; or

     (4) The child was a party or was represented by an attorney, guardian ad litem, or similar

individual in the proceeding in which the child’s parentage was adjudicated.


 

 

 

56)

Section

Add Chapter Numbers:

 

15-8.1-115

59 and 60

 

 

15-8.1-115. Full faith and credit.

     This state shall give full faith and credit to a determination of parentage and to an

acknowledgment of parentage from another state if the determination or acknowledgment is valid

and effective in accordance with the law of the other state.


 

 

 

57)

Section

Add Chapter Numbers:

 

15-8.1-201

59 and 60

 

 

Article 2. Establishment of Parentage.

15-8.1-201. Recognized parents.

     A person may establish parentage by any of the following:

     (1) Giving birth to the child, except as otherwise provided in article 8 of this chapter;

     (2) Adoption of the child pursuant to chapter 7 of title 15;

     (3) An effective voluntary acknowledgment of parentage under article 3 of this chapter;

     (4) An adjudication of parentage under this chapter, including adjudications based on an

admission of parentage under § 15-8.1-111;

     (5) A presumption of parentage under article 4 of this chapter, unless the presumption is

overcome in a judicial proceeding or a valid denial of parentage is made under article 3 of this

chapter.

     (6) An adjudication of de facto parentage under article 5 of this chapter;

     (7) An adjudication that an alleged genetic parent is a parent under article 6 of this chapter;

     (8) Consent to assisted reproduction under article 7 of this chapter; or

     (9) Establishment of parentage under article 8 of this chapter.


 

 

 

58)

Section

Add Chapter Numbers:

 

15-8.1-202

59 and 60

 

 

15-8.1-202. Nondiscrimination.

     Every child has the same rights under law as any other child without regard to the marital

status or gender of the parents or the circumstances of the birth of the child.


 

 

 

59)

Section

Add Chapter Numbers:

 

15-8.1-203

59 and 60

 

 

15-8.1-203. Consequences of establishment of parentage.

     Unless parentage has been terminated by a court order or an exception has been stated

explicitly in this chapter, parentage established under this chapter applies for all purposes, including

the rights and duties of parentage under the law.


 

 

 

60)

Section

Add Chapter Numbers:

 

15-8.1-204

59 and 60

 

 

15-8.1-204. Determination of maternity and paternity.

     Provisions of this chapter relating to determination of paternity may apply to determination

of maternity as needed to determine parentage consistent with this chapter.


 

 

 

61)

Section

Add Chapter Numbers:

 

15-8.1-205

59 and 60

 

 

15-8.1-205. No limitation on child.

     Nothing in this chapter limits the right of a child to bring an action to adjudicate parentage.


 

 

 

62)

Section

Add Chapter Numbers:

 

15-8.1-206

59 and 60

 

 

15-8.1-206. Adjudicating competing claims of parentage.

     (a) In a proceeding to adjudicate competing claims of parentage or challenges to a child’s

parentage by two (2) or more persons, the court shall adjudicate parentage in the best interests of

the child, based on the following factors:

     (1) The age of the child;

     (2) The length of time during which each individual assumed the role of parent of the child;

     (3) The nature of the relationship between the child and each individual;

     (4) The harm to the child if the relationship between the child and each individual is not

recognized;

     (5) The basis for each individual’s claim to parentage of the child;

     (6) Other considerations arising from the disruption of the relationship between the child

and each individual or the likelihood of other harm to the child; and

      (7) Other equitable factors that the court deems relevant to the child’s best interests.

     (b) If a person challenges parentage based on the results of genetic testing, in addition to

the factors listed in subsection (a) of this section, the court shall consider:

     (1) The facts surrounding the discovery the individual might not be the genetic parent of

the child; and

     (2) The length of time between that of the time the individual was placed on notice that the

individual might not be a genetic parent and the commencement of the proceeding.


 

 

 

63)

Section

Add Chapter Numbers:

 

15-8.1-301

59 and 60

 

 

Article 3. Voluntary Acknowledgment of Parentage.

15-8.1-301. Acknowledgment of parentage.

     (a) The following individuals may sign an acknowledgment of parentage to establish

parentage of a child:

     (1) An individual who gave birth to the child;

     (2) An individual who is the alleged genetic parent of the child;

     (3) An individual who is an intended parent of the child under § 15-8.1-703; and

     (4) A presumed parent under article 4 of this chapter.

     (b) The acknowledgment shall be signed by both the individual who gave birth to the child

and by the individual seeking to establish a parent-child relationship and shall be witnessed and

signed by at least one other individual and shall contain the following provisions:

     (1) A statement that the child whose parentage is being acknowledged does not have a

presumed parent other than the individual seeking to establish the parent-child relationship or has

a presumed parent whose full name is stated and does not have another acknowledged, adjudicated

or intended parent under Articles 7 and 8 of this chapter other than the individual who gave birth

to the child.

     (2) A statement that the signatories understand that the acknowledgment is the equivalent

of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted

only under limited circumstances and is barred two (2) years after the effective date of

the acknowledgment unless there is another presumed parent or genetic parent who could not

reasonably have known about the birth of the child and commences a proceeding under this section

within two (2) years after learning of the child's birth.


 

 

 

64)

Section

Add Chapter Numbers:

 

15-8.1-302

59 and 60

 

 

15-8.1-302. Acknowledgment of parentage void.

     An acknowledgment of parentage shall be void if, at the time of signing:

     (1) An individual other than the individual seeking to establish parentage is a presumed

parent, unless a denial of parentage in a signed record has been filed with the state registrar for

vital records; or

     (2) An individual, other than the individual who gave birth, is an acknowledged or

adjudicated parent, or an intended parent under article 7 or 8 of this chapter.


 

 

 

65)

Section

Add Chapter Numbers:

 

15-8.1-303

59 and 60

 

 

15-8.1-303. Denial of Parentage.

     (a) An individual presumed to be a parent or an alleged genetic parent may sign a denial of

parentage only in the limited circumstances set forth in this section.

     (b) A denial of parentage shall be valid only if:

     (1) An acknowledgment of parentage by another individual has been filed pursuant to this

chapter;

     (2) The denial is in a record and is witnessed and signed by at least one other individual;

and

     (3) The presumed or alleged genetic parent executing the denial has not previously:

     (i) Acknowledged parentage, unless the previous acknowledgment has been rescinded

pursuant to § 15-8.1-307, or successfully challenged the acknowledgment pursuant to § 15-8.1-

308; or

     (ii) Been adjudicated to be the parent of the child.


 

 

 

66)

Section

Add Chapter Numbers:

 

15-8.1-304

59 and 60

 

 

15-8.1-304. Conditions for acknowledgment or denial of parentage.

     (a) Completed forms for acknowledgment of parentage and denial of parentage shall be

filed with the state registrar for vital records.

     (b) An acknowledgment of parentage or denial of parentage may be signed before or after

the birth of a child.

     (c) An acknowledgment of parentage or denial of parentage takes effect on the date of the

birth of the child or the filing of the document with the department of vital records, whichever

occurs later.

     (d) An acknowledgment of parentage or denial of parentage signed by a minor shall be

valid provided it is otherwise in compliance with this chapter.


 

 

 

67)

Section

Add Chapter Numbers:

 

15-8.1-305

59 and 60

 

 

15-8.1-305. Equivalent to adjudication, no ratification required.

     (a) Except as otherwise provided in §§ 15-8.1-307 and 15-8.1-308, a valid acknowledgment

of parentage under § 15-8.1-301, filed with the department of vital records, is equivalent to an

adjudication of parentage of a child and confers upon the acknowledged parent all of the rights

and duties of a parent.

     (b) Judicial or administrative ratification is neither permitted nor required for an

unrescinded or unchallenged acknowledgment of parentage.

     (c) Except as otherwise provided in §§ 15-8.1-307 and 15-8.1-308, a valid denial of

parentage under § 15-8.1-303, filed with the department of vital records, in conjunction with a valid acknowledgment of parentage under § 15-8.1-301, is equivalent to an adjudication of the non- parentage

of the presumed parent or alleged genetic parent and discharges the presumed

parent or alleged genetic parent from all rights and duties of a parent.

     (d) A signatory of an acknowledgment of parentage may rescind or challenge the

acknowledgment in accordance with §§ 15-8.1-307 through 15-8.1-309.


 

 

 

68)

Section

Add Chapter Numbers:

 

15-8.1-306

59 and 60

 

 

15-8.1-306. Waiver of filing Fee.

     If an acknowledgment of parentage or denial of parentage is filed at a hospital,

contemporaneously with birth, the department of health shall not charge a filing fee.


 

 

69)

Section

Add Chapter Numbers:

 

15-8.1-307

59 and 60

 

 

15-8.1-307. Timing of rescission.

     (a) A signatory may rescind an acknowledgment of parentage or denial of parentage under

this chapter by commencing a court proceeding before the earlier of:

     (1) Sixty (60) days after the effective date of the acknowledgment or denial, as provided in

§ 15-8.1-304; or

     (2) The date of the first hearing before a court in a proceeding, to which the signatory is a

party, to adjudicate an issue relating to the child, including a proceeding that establishes child

support.

     (b) If an acknowledgment of parentage is rescinded under this section, any associated

denial of parentage becomes invalid, and the department of human services shall notify:

     (1) The individual who gave birth to the child;

     (2) Any individual who signed a denial of parentage of the child; and

     (3) The department of vital records that the acknowledgment of parentage has been

rescinded. Failure to provide notice as required by this section does not affect the validity of the

rescission.


 

 

 

70)

Section

Add Chapter Numbers:

 

15-8.1-308

59 and 60

 

 

15-8.1-308. Challenge to acknowledgment after expiration of period for rescission.

     (a) After the period for rescission under § 15-8.1-307 has expired, a signatory of an

acknowledgment of parentage or denial of parentage may commence a proceeding to challenge the

acknowledgment or denial only:

     (1) On the basis of fraud, duress, coercion, threat of harm, or material mistake of fact; and

     (2) Within two (2) years after the acknowledgment or denial is effective in accordance with

§ 15-8.1-304.

     (b) If an acknowledgment of parentage has been made in accordance with this chapter, an

individual who is neither the child nor a signatory to the acknowledgment who seeks to challenge

the validity of the acknowledgment and adjudicate parentage shall commence a proceeding within

two (2) years after the effective date of the acknowledgment unless the individual did not know

and could not reasonably have known of the individual’s potential parentage due to a material

misrepresentation or concealment, in which case the proceeding shall be commenced within two

(2) years after the discovery of the individual’s potential parentage. An individual under this section

who seeks to challenge the validity of an acknowledgment and adjudicate parentage

must have standing under § 15-8.1-105. The court may permit the proceeding only if the court

finds that the proceeding is in the best interests of the child. If the court permits the proceeding,

the court shall adjudicate parentage under § 15-8.1-206.

     (c) An individual challenging an acknowledgment of parentage or denial of parentage

pursuant to this section has the burden of proof by clear and convincing evidence.

     (d) A court proceeding in which the validity of an acknowledgment of parentage is

challenged shall be consolidated with any other pending court actions regarding the child.


 

 

 

71)

Section

Add Chapter Numbers:

 

15-8.1-309

59 and 60

 

 

15-8.1-309. Procedure for rescission or challenge.

     (a) Every signatory to an acknowledgment of parentage and any related denial of parentage

shall be made a party to a proceeding to judicially rescind an acknowledgment under § 15-8.1-

307(a) or a challenge to the acknowledgment or denial under § 15-8.1-308.

     (b) For the purposes of a judicial rescission under § 15-8.1-307(a) or a challenge to an

acknowledgment of parentage or denial of parentage under § 15-8.1-308, a signatory submits to

personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing

of the document with the department of vital records pursuant to § 15-8.1-304.

     (c) Except for good cause shown, during the pendency of a proceeding to judicially rescind

under § 15-8.1-307(a) or challenge an acknowledgment of parentage or denial of parentage under

§ 15-8.1-308, the court shall not suspend the legal responsibilities of a signatory arising from the

acknowledgment, including the duty to pay child support.

     (d) A proceeding to challenge an acknowledgment of parentage or denial of parentage

under § 15-8.1-308 shall be conducted as a proceeding to adjudicate parentage pursuant to article

1 of this chapter.

     (e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of

parentage or denial of parentage, the court shall order the department of vital records to amend the

birth record of the child, if appropriate.


 

 

 

72)

Section

Add Chapter Numbers:

 

15-8.1-310

59 and 60

 

 

15-8.1-310. Forms for acknowledgment and denial of parentage.

     (a) The department of vital records shall develop an acknowledgment of parentage form

and denial of parentage form for execution of parentage under this chapter.

     (b) The acknowledgment of parentage form shall provide notice of the alternatives to, the

legal consequences of, and the rights and responsibilities that arise from signing the

acknowledgment and shall state that:

     (1) There is no other presumed parent of the child or, if there is another presumed parent,

shall state that parent’s full name;

     (2) There is no other acknowledged parent, adjudicated parent, or individual who is an

intended parent under articles 7 or 8 of this chapter other than the individual who gave birth to the

child; and

     (3) The signatories understand that the acknowledgment is the equivalent of a court

adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only

under limited circumstances.

     (c) A valid acknowledgment of parentage or denial of parentage is not affected by a later

modification of the prescribed form.


 

 

 

73)

Section

Add Chapter Numbers:

 

15-8.1-311

59 and 60

 

 

15-8.1-311. Release of information.

     The department of health may release information relating to an acknowledgment of

parentage under § 15-8.1-301, as set forth in § 23-3-23.


 

 

 

74)

Section

Add Chapter Numbers:

 

15-8.1-312

59 and 60

 

 

15-8.1-312. Adoption of rules.

     The department of health shall promulgate rules and regulation to implement this chapter.


 

 

 

75)

Section

Add Chapter Numbers:

 

15-8.1-401

59 and 60

 

 

Article 4. Presumed Parentage.

15-8.1-401. Presumption of parentage.

     (a) Except as otherwise provided in this chapter, an individual is presumed to be a parent

of a child if:

     (1) The individual and the individual who gave birth to the child are married to each other

and the child is born during the marriage;

     (2) The individual and the individual who gave birth to the child were married to each other

and the child is born not later than three hundred (300) days after the marriage is terminated by

death, annulment, declaration of invalidity, divorce, or dissolution;

     (3) The individual and the individual who gave birth to the child married each other after

the birth of the child and the individual at any time asserted parentage of the child and the individual

agreed to be and is named as a parent of the child on the birth certificate of the child;

or

     (4) The individual resided in the same household with the child, and the individual and

another parent of the child openly held out the child as that person’s own from the time the child

was born or adopted and for a period of two (2) years thereafter, including periods of temporary

absence, and assumed personal, financial or custodial responsibilities for the child.

     (b) A presumption of parentage shall be rebuttable and may be overcome, and competing

claims to parentage resolved only by court order under this chapter or a valid denial of parentage

pursuant to article 3 of this chapter.

     (c) A presumed parent shall be established as a legal parent by the execution of a valid

voluntary acknowledgement of parentage under article 3, by an adjudication of parentage under

this chapter or as otherwise provided in this article.


 

 

 

76)

Section

Add Chapter Numbers:

 

15-8.1-402

59 and 60

 

 

15-8.1-402. Challenge to presumed parent.

     (a) Except as provided in subsection (b) of this section, a proceeding to challenge the

parentage of an individual whose parentage is presumed under § 15-8.1-401, shall be commenced

within two (2) years after the birth of the child.

     (b) A proceeding to challenge the parentage of an individual whose parentage is presumed

under § 15-8.1-401, may be commenced two (2) years or more after the birth of the child in the

following circumstances:

     (1) A presumed parent who is not the genetic parent of a child and who could not

reasonably have known about the birth of the child may commence a proceeding under this section

within two (2) years after learning of the child’s birth.

     (2) An alleged genetic parent who did not know of the potential genetic parentage of a child

and who could not reasonably have known on account of material misrepresentation or concealment

may commence a proceeding under this section within two (2) years after discovering the potential

genetic parentage.

     If the person is adjudicated to be the genetic parent of the child, the court may not

disestablish a presumed parent.

     (3) Regarding a presumption under § 15-8.1-401(a)(4), another parent of the child may

challenge a presumption of parentage if that parent openly held out the child as the presumptive

parent’s child due to duress, coercion, or threat of harm. Evidence of duress, coercion, or threat of

harm may include whether within the prior ten (10) years, the person presumed to be a parent

pursuant to § 15-8.1-401(a)(4), has been convicted of domestic assault, sexual assault, or sexual

exploitation of the child or another parent of the child, was subject to a final abuse protection order

pursuant to chapter 15 of title 15, because the person was found to have committed abuse against

the child or another parent of the child, or was substantiated for abuse against the child or another

parent of the child pursuant to § 11-9-5.3.

     (c) Challenges under this subsection shall be addressed pursuant to §15-8.1-206.


 

 

 

77)

Section

Add Chapter Numbers:

 

15-8.1-403

59 and 60

 

 

15-8.1-403. Multiple presumptions or conflicting claims.

     (a) If two (2) or more conflicting presumptions arise under this chapter, the court shall

adjudicate parentage pursuant to § 15-8.1-206.

     (b) If in a proceeding to adjudicate a presumed parent’s parentage of a child, another

individual, in addition to the individual who gave birth to the child, asserts a claim to parentage of

the child, the court shall adjudicate parentage pursuant to § 15-8.1-206.


 

 

 

 

78)

Section

Add Chapter Numbers:

 

15-8.1-501

59 and 60

 

 

Article 5. De Facto Parentage

15-8.1-501. Adjudication.

     (a)(1) In a proceeding to adjudicate the parentage of an individual who claims to be a de

facto parent of the child, if there is only one other individual who is a parent or has a claim to

parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent

to be a parent of the child if the individual demonstrates by clear and convincing evidence that:

     (i) The individual resided with the child as a regular member of the child’s household for

a significant period of time;

     (ii) The individual engaged in consistent caretaking of the child;

     (iii) The individual undertook full and permanent responsibilities of a parent of the child

without expectation of financial compensation;

     (iv) The individual held out the child as the person’s child;

     (v) The individual established a bonded and dependent relationship with the child which is

parental in nature;

     (vi) The individual and another parent of the child fostered or supported the bonded and

dependent relationship required under subsection (a)(1)(v) of this section; and

     (vii) Continuing the relationship between the individual and the child is in the best interests

of the child.

     (2) A parent of the child may use evidence of duress, coercion, or threat of harm to contest

an allegation that the parent fostered or supported a bonded and dependent relationship as provided

in subsection (a)(1)(vi) of this section.

     Such evidence may include whether within the prior ten (10) years, the individual seeking

to be adjudicated a de facto parent has been convicted of domestic assault, sexual assault, or sexual

exploitation of the child or another parent of the child, was subject to a final abuse

protection order pursuant to chapter 15 of title 15, because the individual was found to have

committed abuse against the child or another parent of the child, or was substantiated for abuse

against the child or another parent of the child, pursuant to chapter 11 of title 40.

     (b) In a proceeding to adjudicate the parentage of an individual who claims to be a de facto

parent of the child, if there is more than one other individual who is a parent or has a claim to

parentage of the child and the court determines that the requirements of subsection (a) of this

section are met by clear and convincing evidence, the court shall adjudicate parentage under

§ 15-8.1-206, subject to other applicable limitations in this chapter.

     (c) The adjudication of an individual as a de facto parent under this chapter does not

disestablish the parentage of any other parent.


 

 

 

79)

Section

Add Chapter Numbers:

 

15-8.1-502

59 and 60

 

 

15-8.1-502. Complaint.

     (a) An individual seeking to be adjudicated a de facto parent of a child shall file a complaint

with the family court before the child reaches eighteen (18) years of age. Both the individual

seeking to be adjudicated a de facto parent and the child must be alive at the time of the filing.

The complaint shall include a verified affidavit alleging facts to support the existence of a

de facto parent relationship with the child. The complaint and affidavit shall be served on all

parents and legal guardians of the child and any other party to the proceeding.

     (b) An adverse party, parent, or legal guardian may file a pleading and verified affidavit in

response to the petition that shall be served on all parties to the proceeding.

     (c) The court shall determine on the basis of the pleadings and affidavits whether the person

seeking to be adjudicated a de facto parent has presented prima facie evidence of the criteria for de

facto parentage as provided in § 15-8.1-501(a) and, therefore, has standing to proceed with a

parentage action. The court, in its sole discretion, may hold a hearing to determine disputed facts

that are necessary and material to the issue of standing.

     (d) The court may enter an interim order concerning contact between the child and an

individual with standing seeking adjudication under this chapter as a de facto parent of the child.


 

 

 

80)

Section

Add Chapter Numbers:

 

15-8.1-601

59 and 60

 

 

15-8.1-601. Scope.

     This chapter governs procedures and requirements of genetic testing and genetic testing

results of an individual to determine parentage and adjudication of parentage based on genetic

testing, whether the individual voluntarily submits to testing or is tested pursuant to an order of the

court or an administrative agency.

     Genetic testing shall not be used to challenge the parentage of an individual who is a parent

under articles 7 or 8 of this chapter or to establish the parentage of an individual who is a donor.


 

 

 

81)

Section

Add Chapter Numbers:

 

15-8.1-602

59 and 60

 

 

15-8.1-602. Requirements for genetic testing.

     Genetic testing shall be of a type reasonably relied upon by scientific and medical experts

in the field of genetic testing and performed in a testing laboratory accredited by a national

association of blood banks or an accrediting body designated by the secretary of the U.S.

Department of Health and Human Services (HHS).


 

 

 

82)

Section

Add Chapter Numbers:

 

15-8.1-603

59 and 60

 

 

15-8.1-603. Authority to order or deny genetic testing.

     (a) Except as otherwise provided in this chapter, in a proceeding pursuant to this chapter

to determine parentage, the court shall order the child and any other individual to submit to genetic

testing if a request for testing is supported by the sworn statement of a party:

     (1) Alleging a reasonable possibility that the individual is the child’s genetic parent; or

     (2) Denying genetic parentage of the child and stating facts establishing a reasonable

possibility that the individual is not a genetic parent.

     (b) Prior to a proceeding to establish genetic parentage and/or support in conformance with

the state’s obligations under Chapter IV, Part D of the federal Social Security Act, 42 U.S.C. § 651

et seq., if the alleged genetic parent in response to a complaint supported by a sworn affidavit, filed

by the office of child support services, denies parentage, the office of child support services

shall have the authority to administratively order the parties to undergo genetic testing as

described above, without the necessity of making application to the court, and the parties shall

attend and submit to genetic testing under penalty of default.

     (c) The office of child support services may order genetic testing only if there is no

presumed, acknowledged, or adjudicated parent of a child other than the individual who gave birth

to the child.

     (d) The court or office of child support services shall not order in utero genetic testing.

     (e) If two (2) or more individuals are subject to court-ordered genetic testing, the court may

order that testing be completed concurrently or sequentially.

     (f) Genetic testing of an individual who gave birth to a child is not a condition precedent

to testing of the child and an individual whose genetic parentage of the child is being determined.

If the individual who gave birth is unavailable or declines to submit to genetic testing, the court

may order genetic testing of the child and each individual whose genetic parentage of the child is

being adjudicated.

     (g) In a proceeding to adjudicate parentage of a child having an acknowledged, adjudicated,

de facto, presumed parent or intended parent, the court may deny a motion seeking an order for

genetic testing or deny admissibility of the test results at trial if it determines that:

     (1) The conduct of the parties estops a party from denying parentage; or

     (2) It would be an inequitable interference with the relationship between the child and an

acknowledged, adjudicated, de facto, presumed, or intended parent, or would otherwise be contrary

to the best interests of the child as provided in subsection (h) of this section.

     (h) In determining whether to deny a motion seeking an order for genetic testing under this

chapter or a request for admission of such test results at trial, the court shall consider the best

interests of the child, including the following factors, if relevant:

     (1) The length of time between the proceeding to adjudicate parentage and the time that a

parent was placed on notice that genetic parentage is at issue;

     (2) The length of time during which the parent has assumed a parental role for the child;

     (3) The facts surrounding discovery that genetic parentage is at issue;

     (4) The nature of the relationship between the child and the parent;

     (5) The age of the child;

     (6) Any adverse effect on the child that may result if parentage is successfully disproved;

     (7) The nature of the relationship between the child and any alleged parent;

     (8) The extent to which the passage of time reduces the chances of establishing the

parentage of another individual and a child support obligation in favor of the child; and

     (9) Any additional factors that may affect the equities arising from the disruption of the

relationship between the child and the parent or the chance of an adverse effect on the child.


 

 

 

 

 

 

83)

Section

Add Chapter Numbers:

 

15-8.1-604

59 and 60

 

 

15-8.1-604. Genetic testing results.

     (a) An individual shall be identified as a genetic parent of a child if the genetic testing of

the individual complies with this chapter and the results of testing disclose that the individual has

at least a ninety-nine percent (99%) probability of parentage as determined by the testing

laboratory.

     (b) Identification of a genetic parent through genetic testing does not establish parentage

absent adjudication under this chapter and a court may rely on nongenetic evidence to determine

parentage, including parentage by acknowledgment pursuant to article 3 of this chapter or by

admission pursuant to § 15-8.1-111, presumed parentage under article 4 of this chapter, de facto

parentage under article 5 of this chapter, and parentage by intended parents under articles 7 or 8 of

this chapter.

     (c) An individual identified under subsection (a) of this section as a genetic parent of a

child may rebut the genetic testing results only by other genetic testing satisfying the requirements

of this chapter that:

     (1) Excludes the individual as a genetic parent of the child; or

     (2) Identifies an individual, other than the individual who gave birth to the child, as a

possible genetic parent of the child.


 

 

 

84)

Section

Add Chapter Numbers:

 

15-8.1-605

59 and 60

 

 

15-8.1-605. Report of genetic testing.

     (a) A report of genetic testing shall be in a record and signed under the penalty of perjury

by a designee of the testing laboratory. A report made under the requirements of this chapter is

self- authenticating.

     (b) A party in possession of results of genetic testing shall provide such results to all other

parties to the parentage action upon receipt of the results and not later than fifteen (15) days before

any hearing at which the results may be admitted into evidence.


 

 

 

85)

Section

Add Chapter Numbers:

 

15-8.1-606

59 and 60

 

 

5-8.1-606. Admissibility of results of genetic testing.

     (a) Unless waived by the parties, a party intending to rely on the results of genetic testing

shall do all of the following:

     (1) Make the test results available to the other parties to the parentage action at least fifteen

(15) days prior to any hearing at which the results may be admitted into evidence;

     (2) Provide notice to the court and other parties to the proceeding of the intent to use the

test results at the hearing; and

     (3) Provide the other parties notice of this statutory section, including the need to object in

a timely fashion.

     (b) Any motion objecting to genetic test results shall be made in writing to the court and to

the party intending to introduce the evidence at least seven (7) days prior to any hearing at which

the results may be introduced into evidence. If no timely objection is made, the written results shall

be admissible as evidence without the need for foundation testimony or other proof of

authenticity or accuracy.

     (c) If a child has a presumed parent, acknowledged parent, de facto parent, or adjudicated

parent, the results of genetic testing shall be admissible to adjudicate parentage only:

     (1) With the consent of each individual who is a parent of the child under this chapter,

unless the court finds that admission of the testing is in the best interests of the child as provided

in § 15-8.1-603(h); or

     (2) Pursuant to an order of the court under § 15-8.1-603.


 

 

 

86)

Section

Add Chapter Numbers:

 

15-8.1-607

59 and 60

 

 

15-8.1-607. Additional genetic testing.

     The court shall order additional genetic testing upon the request of a party who contests

the result of the initial testing. If the initial genetic testing identified an individual as a genetic

parent of the child under § 15-8.1-604, the court shall not order additional testing unless the party

provides advance payment for the testing.


 

 

 

87)

Section

Add Chapter Numbers:

 

15-8.1-608

59 and 60

 

 

15-8.1-608. Adjudication of parentage of child with alleged genetic parent.

     (a)(1) If genetic testing results, pursuant to § 15-8.1-604, exclude an individual as the

genetic parent of a child, the court shall find that individual is not a genetic parent of the child

and may not adjudicate the individual as the child’s parent on the basis of genetic testing.

     (2) If genetic testing results, pursuant to § 15-8.1-604, identify an individual as the genetic

parent of a child and the only other individual with a claim to parentage of the child is the individual

who gave birth to the child, the court shall find that individual to be the genetic parent and may

adjudicate the individual as the child’s parent if the alleged genetic parent:

     (i) Is identified under § 15-8.1-604 as a genetic parent of the child and the identification is

not successfully rebutted under § 15-8.1-604;

     (ii) Admits parentage in a pleading, when making an appearance, or during a hearing, the

court accepts the admission, and the court determines the alleged genetic parent to be a parent of

the child;

     (iii) Declines to submit to genetic testing ordered by the court or the office of child support

services, in which case the court may adjudicate the alleged genetic parent to be a parent of the

child even if the alleged genetic parent denies a genetic relationship with the child;

     (iv) Is in default after service of process and the court determines the alleged genetic parent

to be a parent of the child; or

     (v) Is neither identified nor excluded as a genetic parent by genetic testing and, based on

other evidence, the court determines the alleged genetic parent to be a parent of the child.

     (3) Subject to other limitations in this chapter, if in a proceeding involving an alleged

genetic parent, at least one other individual in addition to the individual who gave birth to the

child has a claim of parentage of the child, the court shall adjudicate parentage under

§ 15-8.1-206.


 

 

 

88)

Section

Add Chapter Numbers:

 

15-8.1-609

59 and 60

 

 

15-8.1-609. Costs of genetic testing.

     (a) The costs of initial genetic testing shall be paid:

     (1) By the office of child support services in a proceeding in which the office is providing

services, if the office requests such testing;

     (2) As agreed by the parties or, if the parties cannot agree, by the individual who made the

request for genetic testing; or

     (3) As ordered by the court.

     (b) Notwithstanding subsection (a) of this section, an individual who challenges a

presumption, acknowledgment, or admission of parentage shall bear the cost for any genetic

testing requested by such individual.

     (c) In cases in which the payment for the costs of initial genetic testing is advanced pursuant

to subsection (a) of this section, the office of child support services may seek reimbursement from

the genetic parent whose parent-child relationship is established.


 

 

 

89)

Section

Add Chapter Numbers:

 

15-8.1-610

59 and 60

 

 

15-8.1-610. Deceased individual.

     For good cause shown, the court may order genetic testing of a deceased individual.


 

 

 

90)

Section

Add Chapter Numbers:

 

15-8.1-611

59 and 60

 

 

15-8.1-611. Confidentiality of genetic testing.

     (a) A report of genetic testing for parentage is exempt from public inspection and copying

pursuant to chapter 2 of title 38 ("access to public records act"), and shall be kept confidential and

released only as provided in this chapter.

     (b) An individual shall not intentionally release a report of genetic testing or the genetic

material of another individual for a purpose not relevant to a parentage proceeding without the

written permission of the individual who furnished the genetic material. An individual who

violates this section shall be imprisoned not more than one year, or fined not more than one

thousand dollars ($1,000), or both.


 

 

 

91)

Section

Add Chapter Numbers:

 

15-8.1-612

59 and 60

 

 

15-8.1-612. Precluding establishment of parentage by perpetrator of sexual assault.

     (a) In a proceeding in which a person is alleged to have committed a sexual assault that

resulted in the birth of a child, the person giving birth may seek to preclude the establishment of

the other person's parentage.

     (b) This section shall not apply if the person alleged to have committed a sexual assault has

previously been adjudicated to be a parent of the child.

     (c) A complaint under this section must be preceded by the arrest and chare of the person

alleged to have committed a sexual assault in violation of §§ 11-37-2 or 11-37-8.1 on the plaintiff

that resulted in the birth of the child.

     (d) In a parentage proceeding, the person giving birth may file a complaint, making an

allegation under subsection (a) of this section at any time within two (2) years of the alleged

sexual assault that resulted in the birth of the child.

     (e) During the pendency of proceedings on this complaint, the court may enter temporary

orders regarding the defendant's custody, contact and visitation with the child.

     (f) The standard of proof that a child was conceived as a result of the person sexually

assaulting the person who gave birth to the child may be proven by the plaintiff by clear and

convincing evidence that the person was convicted of a sexual assault against the person giving

birth and that the child was conceived as a result of the sexual assault.

     (g) If the court finds that the burden of proof under subsection (f) of this section is met, the

court shall enter an order:

     (1) Adjudicating that the person alleged to have committed the sexual assault is not a parent

of the child and not entitled to have any contact, custody or visitation with the child;

     (2) Requiring the department of health amend the birth certificate to delete the name of the

person precluded as a parent; and

     (3) Requiring that the person convicted of committing a sexual assault pay child support

or birth-related costs, or both, unless the person giving birth requests otherwise.


 

 

92)

Section

Add Chapter Numbers:

 

15-8.1-613

59 and 60

 

 

15-8.1-613. Past liabilities.

     (a) For the purpose of this article, an action to determine the existence of a genetic parent

and child relationship is not barred until four (4) years after the child reaches the age of majority.

     (b) A genetic parent’s liability for past education and necessary support and maintenance

are limited to a period of six (6) years next, preceding the commencement of an action under this

article.


 

 

 

93)

Section

Add Chapter Numbers:

 

15-8.1-701

59 and 60

 

 

Article 7. Parentage by Assisted Reproduction.

15-8.1-701. Scope.

     This article does not apply to the birth of a child conceived by sexual intercourse or assisted

reproduction under a surrogacy agreement under article 8 of this chapter.


 

 

 

94)

Section

Add Chapter Numbers:

 

15-8.1-702

59 and 60

 

 

15-8.1-702. Parental status of donor.

     (a) A donor is not a parent of a child conceived through assisted reproduction.

     (b) Notwithstanding subsection (a) of this section, a person who provides a gamete or

gametes or an embryo or embryos to be used for assisted reproduction for the person’s spouse is a

parent of the resulting child.


 

 

 

95)

Section

Add Chapter Numbers:

 

15-8.1-703

59 and 60

 

 

15-8.1-703. Parentage of child of assisted reproduction.

     An individual who consents under § 15-8.1-704 to assisted reproduction by another

individual with the intent to be a parent of a child conceived by the assisted reproduction is a

parent of the child.


 

 

 

96)

Section

Add Chapter Numbers:

 

15-8.1-704

59 and 60

 

 

15-8.1-704. Consent to assisted reproduction.

     (a) Except as otherwise provided in subsection (b) of this section, the consent described in

§ 15-8.1-703, must be in a record signed by the individual giving birth to a child conceived by

assisted reproduction and the individual who intends to be a parent of the child.

     (b) In the absence of a record pursuant to subsection (a) of this section, before, on, or after

the birth of the child, a court may adjudicate an individual as the parent of a child, if it finds by a

preponderance of the evidence that:

     (1) Prior to conception or birth of the child, the parties entered into an agreement that they

both intended to be the parents of the child; or

     (2) The parties resided with the child and assumed the duties and responsibilities of

parentage.

     (c) The court may order after hearing that the parties be listed on the birth certificate.


 

 

 

97)

Section

Add Chapter Numbers:

 

15-8.1-705

59 and 60

 

 

15-8.1-705. Limitation on spouse’s dispute of parentage.

     (a) Except as otherwise provided in subsection (b) of this section, a spouse may commence

a proceeding to challenge his or her parentage of a child born by assisted reproduction during the

marriage within two (2) years after the birth of the child if the court finds that the spouse did not

consent to the assisted reproduction before, on, or after the birth of the child or that the spouse

withdrew consent pursuant to § 15-8.1-706.

     (b) A spouse or the individual who gave birth to the child may commence a proceeding to

challenge the spouse’s parentage of a child born by assisted reproduction at any time if the court

determines:

     (1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;

     (2) The spouse and the individual who gave birth to the child have not cohabited since the

probable time of assisted reproduction; and

     (3) The spouse never openly held out the child as his or her child.

     (c) This section shall apply to a spouse’s dispute of parentage even if the marriage is

declared invalid after assisted reproduction occurs.


 

 

 

98)

Section

Add Chapter Numbers:

 

15-8.1-706

59 and 60

 

 

15-8.1-706. Effect of dissolution of marriage or withdrawal of consent.

     (a) If a marriage is dissolved by final decree of divorce before transfer or implantation of

gametes or embryos, the former spouse is not a parent of the resulting child unless the former

spouse consented in a signed record, with notice to the other spouse and the individual giving birth,

that, if assisted reproduction were to occur after a divorce, the former spouse would be a parent

of the child.

     (b) Consent of an individual to assisted reproduction, pursuant to § 15-8.1-704, may be

withdrawn by that person in a signed record, with notice to the individual giving birth and any

other intended parent, before transfer or implantation of gametes or embryos. An individual who

withdraws consent under this subsection is not a parent of the resulting child.


 

 

 

 

 

99)

Section

Add Chapter Numbers:

 

15-8.1-707

59 and 60

 

 

15-8.1-707. Parental status of a deceased individual.

     (a) If an individual who intends to be a parent of a child conceived by assisted reproduction

dies during the period between the transfer of a gamete or embryo and the birth of the child, the

individual’s death does not preclude the establishment of the individual’s parentage of the child if

the individual otherwise would be a parent of the child pursuant to this article.

     (b)(1) If an individual who consented in a record to assisted reproduction by the individual

giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased

individual is not a parent of a child conceived by assisted reproduction unless:

     (i) The deceased individual consented in a record that if assisted reproduction were to occur

after the death of the deceased individual, the deceased individual would be a parent of the child;

or

     (ii) The deceased individual’s intent to be a parent of a child conceived by assisted

reproduction after the individual’s death is established by a preponderance of the evidence.

     (2) An individual is a parent of a child conceived by assisted reproduction under subsection

(b)(1) of this section, only if:

     (i) The embryo is in utero not later than thirty-six (36) months after the individual’s death;

or

     (ii) The child is born not later than forty-five (45) months after the individual’s death.


 

 

 

100)

Section

Add Chapter Numbers:

 

15-8.1-708

59 and 60

 

 

15-8.1-708. Parentage orders of children born of assisted reproduction.

     (a) An individual consenting to assisted reproduction consistent with this article, an

individual who is a parent pursuant to §§ 15-8.1-703 and 15-8.1-704, or the individual giving

birth, may commence a proceeding in the family court, before, on, or after birth of a resulting

child, to obtain a parentage order or determination of parentage:

     (1) Declaring that the intended parent or parents are the parent or parents of the resulting

child and ordering that parental rights and responsibilities vest exclusively in the intended parent

or parents immediately upon the birth of the child;

     (2) Sealing the record from the public to protect the privacy of the child and the parties;

     (3) Designating the contents of the birth certificate and directing the department of health

to designate the intended parent or parents as the parent or parents of the child; or

     (4) For any relief that the court determines necessary and proper.

     (b) A proceeding under this section may be commenced before, on, or after the birth of the

child.

     (c) Neither the donor, the state, nor the department of health is a necessary party to a

proceeding under this section.

     (d) The family court shall forward a certified copy of the order issued pursuant to this

section to the department of health and to the intended parents or their representative.

     (e) The intended parent or parents and any resulting child shall have access to the court

records relating to the proceeding at any time.


 

 

 

101)

Section

Add Chapter Numbers:

 

15-8.1-709

59 and 60

 

 

15-8.1-709. Laboratory error.

     If due to a laboratory or clinical error, the child is not genetically related to either the

intended parent or parents or any donor who donated to the intended parent or parents, the

intended parent or parents are the parents of the child unless otherwise determined by the court.


 

 

 

102)

Section

Add Chapter Numbers:

 

15-8.1-801

59 and 60

 

 

Article 8. Parentage by Gestational Carrier Agreement.

15-8.1-801. Eligibility to enter gestational carrier agreement.

     (a) In order to execute an agreement to act as a gestational carrier, an individual shall:

     (1) Be at least twenty-one (21) years of age;

     (2) Have completed a medical evaluation;

     (3) Have completed a mental health consultation by a licensed professional who is

independent of the facility or providers that undertake the assisted reproduction procedures;

     (4) Have had independent legal representation of the individual’s own choosing, and paid

for by the intended parent or parents regarding the terms of the gestational carrier agreement, and

have been advised of the potential legal consequences of the gestational carrier agreement; and

     (5) Not have contributed gametes that will ultimately result in an embryo that the

gestational carrier will attempt to carry to term, unless the gestational carrier is entering into an

agreement with a family member.

     (b) Prior to executing a gestational carrier agreement, an individual or individuals intending

to become a parent or parents, whether genetically related to the child or not, shall:

     (1) Be at least twenty-one (21) years of age;

     (2) Have completed a medical evaluation and a mental health consultation; and

     (3) Have retained independent legal representation regarding the terms of the gestational

carrier agreement and have been advised of the potential legal consequences of the gestational

carrier agreement.


 

 

 

103)

Section

Add Chapter Numbers:

 

15-8.1-802

59 and 60

 

 

15-8.1-802. Gestational carrier agreement.

     (a) A prospective gestational carrier, that individual’s spouse, if any, and the intended

parent or parents may enter into a written agreement that:

     (1) The prospective gestational carrier agrees to pregnancy by means of assisted

reproduction;

     (2) The prospective gestational carrier and that individual’s spouse, if any, have no rights

and duties as the parents of a child conceived through assisted reproduction; and

     (3) The intended parent or parents will be the parents of any resulting child.

     (b) A gestational carrier agreement is enforceable only if it meets the following

requirements:

     (1) The agreement shall be in writing and signed by all parties;

     (2) The agreement shall not require more than a one-year term to achieve pregnancy; and

     (3) At least one of the intended parents shall be a resident of the United States.

     (4) The agreement shall be executed before the commencement of any medical procedures,

other than the medical evaluations required by § 15-8.1-801 and, in every instance, before transfer

of embryos or gametes.

     (5) The gestational carrier and the intended parent or parents shall meet the eligibility

requirements of § 15-8.1-801.

     (6) If any party is married, the party’s spouse shall be a party to the agreement.

     (7) The gestational carrier and the intended parent or parents shall be represented by

independent legal counsel in all matters concerning the agreement and each counsel shall

affirmatively so state in a written declaration attached to the agreement. The declarations shall state

that the agreement meets the requirements of this chapter and shall be solely relied upon

by health care providers and staff at the time of birth and by the department of health for birth

registration and certification purposes in the absence of a court order to the contrary.

     (8) The parties to the agreement shall sign a written acknowledgment of having received a

copy of the agreement.

     (9) The signing of the agreement shall be witnessed and signed by at least one other

individual.

     (10) The agreement shall expressly provide that the gestational carrier:

     (i) Shall undergo assisted reproduction and attempt to carry and give birth to any resulting

child;

     (ii) Has no claim to parentage of any resulting children and all rights of parentage shall

vest in the intended parent or parents immediately upon the birth of the children, regardless of

whether a court order has been issued at the time of birth; and

     (iii) Shall acknowledge the exclusive parentage of the intended parent or parents of all

resulting children.

     (11) If the gestational carrier is married, the carrier’s spouse:

     (i) Shall acknowledge and agree to abide by the obligations imposed on the gestational

carrier by the terms of the gestational carrier agreement;

     (ii) Has no claim to parentage of any resulting children and all rights of parentage shall

vest in the intended parent or parents immediately upon the birth of the children, regardless of

whether a court order has been issued at the time of birth; and

     (iii) Shall acknowledge the exclusive parentage of the intended parent or parents of all

resulting children.

     (12) The gestational carrier shall have the right to use the services of a health care provider

or providers of the gestational carrier’s choosing to provide care during the pregnancy.

     (13) The agreement should provide for the disposition of embryos, if any, in the event of

termination of the agreement, the death of an intended parent or parents, or of the divorce of the

intended parents before transfer or implantation.

     (14) The intended parent or parents shall:

     (i) Be the exclusive parent or parents and accept parental rights and responsibilities of all

resulting children immediately upon birth regardless of the number, gender, or mental or physical

condition of the child or children; and

     (ii) Assume responsibility for the financial support of all resulting children immediately

upon the birth of the children.

     (c) Except as provided in § 15-8.1-809, a gestational carrier agreement may include

provisions for payment of consideration and reasonable expenses to a prospective gestational

carrier, provided they are negotiated in good faith between the parties.

     (d) A gestational carrier agreement shall permit the individual acting as a gestational carrier

to make all health and welfare decisions regarding the gestational carrier’s health and pregnancy,

including, but not limited to, whether to consent to a caesarean section or multiple embryo transfer,

and shall not enlarge or diminish the gestational carrier’s right to terminate the pregnancy. Except

as otherwise provided by law, any written or verbal agreement purporting to waive or limit these

rights is void against public policy.


 

 

 

104)

Section

Add Chapter Numbers:

 

15-8.1-803

59 and 60

 

 

15-8.1-803. Parental rights and responsibilities.

     (a)(1) If a gestational carrier agreement satisfies the requirements of this article, the

intended parent or parents are the parent or parents of the resulting child and parental rights and

responsibilities shall vest exclusively in the intended parent or parents immediately upon the birth

of the child, and the resulting child is considered the child of the intended parent or parents

immediately upon the birth of the child. Neither the gestational carrier nor the gestational carrier’s

spouse, if any, is the parent of the resulting child.

     (2) An individual who is determined to be a parent of the resulting child is obligated to

support the child. The breach of the gestational carrier agreement by the intended parent or parents

does not relieve the intended parent or parents of the obligation to support the resulting

child.

     (3) Notwithstanding subsections (a)(1) and (a)(2) of this section, if genetic testing indicates

a genetic relationship between the gestational carrier and the child and the child was not conceived

pursuant to a gestational carrier agreement with a family member, then parentage shall

be determined by the family court pursuant to articles 1 through 6 of this chapter.

     (b) If, due to a laboratory or clinical error, the resulting child is not genetically related to

either the intended parent or parents or any donor who donated to the intended parent or parents,

the intended parent or parents are considered the parent or parents of the child and not the

gestational carrier and the carrier’s spouse, if any, subject to any other claim of parentage.


 

 

 

105)

Section

Add Chapter Numbers:

 

15-8.1-804

59 and 60

 

 

15-8.1-804. Birth orders.

     (a) Before the birth of a resulting child, a party to a gestational carrier agreement may

commence a proceeding in the family court or the superior court to obtain a birth order declaring

the parentage of a child. After the birth of a resulting child, the family court shall have exclusive

jurisdiction over a birth order.

     (b) The birth order shall:

     (1) Declare that at least one of the intended parents is a United States resident;

     (2) Declare that the intended parent or parents are the parent or parents of the resulting

child and that parental rights and responsibilities vest exclusively in the intended parent or parents

immediately upon the birth of the child;

     (3) Designate the contents of the birth certificate and direct the department of health to

designate the intended parent or parents as the parent or parents of the child. The department of

health may charge a reasonable fee for the issuance of a birth certificate;

     (4) Seal the record from the public to protect the privacy of the child and the parents; and

     (5) Provide any relief the court determines necessary and proper.

     (c) Neither the state nor the department of health is a necessary party to a proceeding under

subsection (a) of this section. Any party to the gestational carrier agreement not joining in the

complaint must be served with notice of the proceeding.

     (d) A complaint for an order of parentage under this section must be verified and include

the following:

     (1) A certification from the attorney representing the intended parent or parents and the

attorney representing the person acting as a gestational carrier that the requirements of §§ 15-8.1-

801 and 15-8.1-802 have been met; and

     (2) A statement from all parties to the gestational carrier agreement that they entered into

the agreement knowingly and voluntarily.

     (e) Where the court finds that the requirements of §§ 15-8.1-801 and 15-8.1-802 have been

satisfied, the order of parentage will include the following:

     (1) Declaring, that upon the birth of the child born during the term of the gestational carrier

agreement, the intended parent or parents is/are the legal parent or parents of the child;

     (2) Declaring, that upon birth of the child born during the term of the gestational carrier

agreement, the individual acting as the gestational carrier, and the spouse of the individual acting

as the gestational carrier, if any, is not the legal parent of the child;

     (3) Ordering the individual acting as a gestational carrier and the spouse of the individual

acting as a gestational carrier, if any, to transfer the child to the intended parent or parents if this

has not already occurred;

     (4) Ordering the intended parent or parents to assume responsibility for the maintenance

and support of the child immediately upon the birth of the child if this has not already occurred;

and

     (5) Designating the contents of the birth certificate and directing the department of health

to designate the intended parent or parents as the parent or parents of the child.

     (f) The court shall forward a certified copy of the order issued pursuant to this section to

the department of health and the intended parents or their representative.

     (g) The intended parent or parents and any resulting child shall have access to their court

records at any time.


 

 

 

106)

Section

Add Chapter Numbers:

 

15-8.1-805

59 and 60

 

 

15-8.1-805. Jurisdiction.

     Subject to the jurisdictional standards of chapter 10 of title 8, the court conducting a

proceeding under this chapter has exclusive, continuing jurisdiction of all matters arising out of

the gestational carrier agreement until a child born to the gestational carrier during the period

governed by the agreement attains the age of one hundred eighty (180) days.


 

 

 

107)

Section

Add Chapter Numbers:

 

15-8.1-806

59 and 60

 

 

15-8.1-806. Termination of gestational carrier agreement.

     (a) A party to a gestational carrier agreement may withdraw consent to any medical

procedure and may terminate the gestational carrier agreement at any time prior to any embryo

transfer or implantation by giving written notice of termination to all other parties.

     (b) Upon termination of the gestational carrier agreement under subsection (a) of this

section, and unless a gestational carrier agreement provides otherwise, the gestational carrier is

entitled to keep all payments received and obtain all payments to which the gestational carrier is

entitled through the date of termination. Except in a case involving fraud, neither a prospective

gestational carrier nor the gestational carrier’s spouse, if any, is liable to the intended parent or

parents for terminating a gestational carrier agreement under this section.


 

 

 

108)

Section

Add Chapter Numbers:

 

15-8.1-807

59 and 60

 

 

15-8.1-807. Termination of gestational carrier agreement.

     Unless a gestational carrier agreement expressly provides otherwise:

     (1) The marriage of a gestational carrier or of an intended parent after the agreement has

been signed by all parties does not affect the validity of the agreement, the gestational carrier’s

spouse’s consent or intended parent's spouse's consent to the agreement is not required, and the

gestational carrier's spouse or intended parent’s spouse is not a presumed parent of a child

conceived by assisted reproduction under the agreement; and

     (2) The divorce, dissolution, annulment, or legal separation of the gestational carrier or of

an intended parent after the agreement has been signed by all parties does not affect the validity of

the agreement.


 

 

 

109)

Section

Add Chapter Numbers:

 

15-8.1-808

59 and 60

 

 

15-8.1-808. Effect of noncompliance, standard of review, remedies.

     (a) A gestational carrier agreement that does not substantially comply with the

requirements of this article is not enforceable.

     (b) In the event that a gestational carrier agreement does not substantially comply with the

requirements of this article, the family court or the superior court shall determine parentage based

on the intent of the parties, including evidence of the intent of the parties at the time of execution.

     (c) Except as expressly provided in a gestational carrier agreement and in subsection (d) of

this section, in the event of a breach of the gestational carrier agreement by the gestational carrier

or the intended parent or parents, the gestational carrier or the intended parent or parents are entitled

to all remedies available at law or in equity.

     (d) If an individual alleges that the parentage of a child born to a gestational carrier is not

the result of assisted reproduction, and this question is relevant to the determination of parentage,

the court may order genetic testing.

     (e) Specific performance is not an available remedy for a breach by the gestational carrier

of any term in a gestational carrier agreement that requires the gestational carrier to be impregnated

or to terminate a pregnancy. Specific performance is an available remedy for a breach by the

gestational carrier of any term that prevents the intended parent or parents from exercising

the full rights of parentage immediately upon the birth of the child.


 

 

 

110)

Section

Add Chapter Numbers:

 

15-8.1-809

59 and 60

 

 

15-8.1-809. Liability for payment of gestational carrier health care costs.

     (a) The intended parent or parents are liable for the health care costs of the gestational

carrier that are not paid by insurance. As used in this section, "health care costs" means the

expenses of all health care provided for assisted reproduction, prenatal care, labor, and delivery.

     (b) A gestational carrier agreement shall explicitly detail how the health care costs of the

gestational carrier are paid. The breach of a gestational carrier agreement by a party to the

agreement does not relieve the intended parent or parents of the liability for health care costs

imposed by subsection (a) of this section.

     (c) This section is not intended to supplant any health insurance coverage that is otherwise

available to the gestational carrier or an intended parent for the coverage of health care costs. This

section does not change the health insurance coverage of the gestational carrier or the responsibility

of the insurance company to pay benefits under a policy that covers a gestational

carrier.


 

 

 

111)

Section

Add Chapter Numbers:

 

15-8.1-901

59 and 60

 

 

Article 9. Information about Donor.

15-8.1-901. Definitions.

     As used in this article:

     (1) "Identifying information" means:

     (i) The full name of a donor;

     (ii) The date of birth of the donor; and

     (iii) The permanent and, if different, current address of the donor at the time of the

donation.

     (2) "Medical history" means information regarding any of the following:

     (i) Present illness of a donor;

     (ii) Past illness of the donor; and

     (iii) Social, genetic, and family history pertaining to the health of the donor.


 

 

 

112)

Section

Add Chapter Numbers:

 

15-8.1-902

59 and 60

 

 

15-8.1-902. Applicability.

     This article applies only to gametes collected on or after the effective date of this act.


 

 

 

113)

Section

Add Chapter Numbers:

 

15-8.1-903

59 and 60

 

 

15-8.1-903. Collection of information about donor.

     (a) A gamete bank or fertility clinic licensed in this state shall collect from a donor the

donor’s identifying information and medical history at the time of the donation.

     (b) A gamete bank or fertility clinic licensed in this state which receives gametes of a donor

collected by another gamete bank or fertility clinic shall collect the name, address, telephone

number, and electronic mail address of the gamete bank or fertility clinic from which it received

the gametes.

     (c) A gamete bank or fertility clinic licensed in this state shall disclose the information

collected under subsections (a) and (b) of this section as provided under § 15-8.1-905.


 

 

 

114)

Section

Add Chapter Numbers:

 

15-8.1-904

59 and 60

 

 

15-8.1-904. Declaration regarding identity disclosure.

     (a) A gamete bank or fertility clinic licensed in this state which collects gametes from a

donor shall:

     (1) Provide the donor with information in a record about the donor’s choice regarding

identity disclosure; and

     (2) Obtain a declaration from the donor regarding identity disclosure.

     (b) A gamete bank or fertility clinic licensed in this state shall give a donor the choice to

sign a notarized declaration that either:

     (1) States that the donor agrees to disclose the donor’s identity to a child conceived by

assisted reproduction with the donor’s gametes on request once the child attains eighteen (18) years

of age; or

     (2) States that the donor does not agree presently to disclose the donor’s identity to the

child.

     (c) A gamete bank or fertility clinic licensed in this state shall permit a donor who has

signed a declaration under subsection (b)(2) of this section, to withdraw the declaration at any time

by signing a declaration under subsection (b)(1) of this section.


 

 

 

115)

Section

Add Chapter Numbers:

 

15-8.1-905

59 and 60

 

 

15-8.1-905. Disclosure of identifying information and medical history.

     (a) On request of a child conceived by assisted reproduction who attains eighteen (18) years

of age, a gamete bank or fertility clinic licensed in this state which collected the gametes used in

the assisted reproduction shall make a good-faith effort to provide the child with identifying

information of the donor who provided the gametes, unless the donor signed and did not withdraw

a declaration under §15-8.1-904(b)(2). If the donor signed and did not withdraw the declaration,

the gamete bank or fertility clinic shall make a good-faith effort to notify the donor, who may elect

under §15-8.1-904(c) to withdraw the donor’s declaration.

     (b) Regardless, whether a donor signed a declaration under §15-8.1-904(b)(2), on request

by a child conceived by assisted reproduction who attains eighteen (18) years of age, or, if the child

is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic licensed

in this state which collected the gametes used in the assisted reproduction shall make a good-faith

effort to provide the child or, if the child is a minor, the parent or guardian of the child, access

to nonidentifying medical history of the donor.

     (c) On request of a child conceived by assisted reproduction who attains eighteen (18) years

of age, a gamete bank or fertility clinic licensed in this state which received the gametes used in

the assisted reproduction from another gamete bank or fertility clinic shall disclose the name,

address, telephone number, and electronic mail address of the gamete bank or fertility clinic from

which it received the gametes.


 

 

 

116)

Section

Add Chapter Numbers:

 

15-8.1-906

59 and 60

 

 

15-8.1-906. Recordkeeping.

     (a) A gamete bank or fertility clinic licensed in this state which collects gametes for use in

assisted reproduction shall maintain identifying information and medical history about each gamete

donor. The gamete bank or fertility clinic shall maintain records of gamete screening and

testing and comply with reporting requirements, in accordance with federal law and applicable law

of this state other than this article.

     (b) A gamete bank or fertility clinic licensed in this state that receives gametes from another

gamete bank or fertility clinic shall maintain the name, address, telephone number, and electronic

mail address of the gamete bank or fertility clinic from which it received the gametes.


 

 

 

117)

Section

Add Chapter Numbers:

 

15-8.1-1001

59 and 60

 

 

Article 10. Applicability.

15-8.1-1001. Uniformity of Application and construction.

     In applying and construing this chapter, consideration must be given to the need to promote

uniformity of the law with respect to its subject matter among states that enact it.


 

 

 

118)

Section

Add Chapter Numbers:

 

15-8.1-1002

59 and 60

 

 

15-8.1-1002. Relation to electronic signatures in global and national commerce act.

     This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede

Section101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the

notices described in 15 U.S.C. § 7003(b).


 

 

 

119)

Section

Add Chapter Numbers:

 

15-8.1-1003

59 and 60

 

 

15-8.1-1003. Transitional provision.

     This chapter applies to a pending proceeding to adjudicate parentage commenced before

the effective date of this act for an issue on which a judgment has not been entered.


 

 

 

120)

Section

Add Chapter Numbers:

 

15-8.1-1004

59 and 60

 

 

15-8.1-1004. Severability.

     If any provision of this chapter or its application to any individual or circumstances is held

invalid, the invalidity does not affect other provisions or applications of this chapter which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are severable.


 

 

 

121)

Section

Chapter Numbers:

 

16-16-22

79

 

 

16-16-22. Contributions to state system. [Effective until July 1, 2020.]

     (a) Prior to July 1, 2012, each teacher shall contribute into the system nine and one-half

percent (9.5%) of compensation as his or her share of the cost of annuities, benefits, and allowances.

Effective July 1, 2012, each teacher shall contribute an amount equal to three

and three quarters percent (3.75%) of his or her compensation. Effective July 1, 2015, each

teacher with twenty (20) or more years of total service as of June 30, 2012, shall contribute an

amount equal to eleven percent(11%) of his or her compensation. The employer contribution

on behalf of teacher members of the system shall be in an amount that will pay a rate percent

of the compensation paid to the members, according to the method of financing prescribed in the

State Retirement Act in chapters 8 -- 10 and10.3 of title 36. This amount shall be

paid forty percent (40%) by the state, and sixty percent (60%) by the city, town, local educational

agency, or any formalized commissioner- approved cooperative service arrangement by whom

the teacher members are employed, with the exception of teachers who work in federally funded

projects and further with the exception of any supplemental contributions by a local municipality

employer under chapter 36-10.3 which supplemental employer contributions shall be made wholly

by the local municipality. Provided, however, that the rate percent paid shall be rounded

to the nearest hundredth of one percent (.01%).

     (b) The employer contribution on behalf of teacher members of the system who work in

fully or partially federally funded programs shall be prorated in accordance with the share of the

contribution paid from the funds of the federal, city, town, or local educational agency, or any

formalized commissioner-approved cooperative service arrangement by whom the teacher

members are approved employed.

     (c) In case of the failure of any city, town, or local educational agency, or any formalized

commissioner-approved cooperative service arrangement to pay to the state retirement system the

amounts due from it under this section within the time prescribed, the general treasurer is authorized

to deduct the amount from any money due the city, town, or local educational agency

from the state.

     (d) The employer's contribution shared by the state shall be paid in the amounts prescribed

in this section for the city, town, or local educational agency and under the same payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local

educational agency or any formalized commissioner-approved cooperative service arrangement

shall remit to the general treasurer of the state the local employer's share of the teacher's

retirement payments on a monthly basis, payable by the fifteenth (15th) of the following

month. The amounts that would have been contributed shall be deposited by the state in a special

fund and not used for any purpose. The general treasurer, upon receipt of the local employer's

share, shall effect transfer of a matching amount of money from the state funds appropriated

for this purpose by the general assembly into the retirement fund.

     Upon reconciliation of the final amount owed to the retirement fund for the employer share,

the state shall ensure that any local education aid reduction assumed for the FY 2010 revised budget

in excess of the actual savings is restored to the respective local entities.

     (e) This section is not subject to §§ 45-13-7 through 45-13-10.

 

16-16-22. Contributions to state system. [Effective July 1, 2020.]

     (a) Prior to July 1, 2012, each teacher shall contribute into the system nine and one-half

percent (9.5%) of compensation as his or her share of the cost of annuities, benefits, and allowances.

Effective July 1, 2012, each teacher shall contribute an amount equal to three and

Effective July 1, 2012, each teacher shall contribute an amount equal to three and three quarters

percent (3.75%) of his or her compensation. Effective July 1, 2015, each teacher with twenty (20)

or more years of total service as of June 30, 2012, shall contribute an amount equal to eleven

percent (11%) of his or her compensation. The employer contribution on behalf of teacher

members of the system shall be in an amount that will pay a rate percent of the compensation

paid to the members, according to the method of financing prescribed in the state retirement act in

chapters 8 -- 10 and10.3 of title 36. This amount shall be paid forty percent (40%) by the state and

sixty percent (60%) by the city, town, local educational agency, or any formalized

commissioner-approved cooperative service arrangement by whom the teacher members are employed,

with the exception of teachers who work in federally funded projects and further with

the exception of any supplemental contributions by a local municipality employer under chapter

10.3 of title 36 which supplemental employer contributions shall be made wholly by the local

municipality. Provided, however, that the rate percent paid shall be rounded to the nearest

hundredth of one percent (.01%).

     (b) The employer contribution on behalf of teacher members of the system who work in

fully or partially federally funded programs shall be prorated in accordance with the share of the

contribution paid from the funds of the federal, city, town, or local educational agency, or any

formalized commissioner-approved cooperative service arrangement by whom the teacher

members are approved employed.

     (c) In case of the failure of any city, town, or local educational agency, or any formalized

commissioner-approved cooperative service arrangement, to pay to the state retirement system the

amounts due from it under this section within the time prescribed, the general treasurer is authorized

to deduct the amount from any money due the city, town, or local educational

agency from the state.

     (d) The employer's contribution shared by the state shall be paid in the amounts prescribed

in this section for the city, town, or local educational agency and under the same payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local

educational agency or any formalized commissioner-approved cooperative service arrangement

shall remit to the general treasurer of the state the local employer's share of the teacher's

retirement on the date contributions are withheld but no later than three (3) business days following

the pay period ending in which contributions were withheld. The amounts that would have been

contributed shall be deposited by the state in a special fund and not used for any purpose. The

general treasurer, upon receipt of the local employer's share, shall effect transfer of a

matching amount of money from the state funds appropriated for this purpose by the general

assembly into the retirement fund.

     Upon reconciliation of the final amount owed to the retirement fund for the employer share,

the state shall ensure that any local education aid reduction assumed for the FY 2010 revised budget

in excess of the actual savings is restored to the respective local entities.

     (e) This section is not subject to §§ 45-13-7 through 45-13-10.


 

 

 

122)

Section

Amend Chapter Numbers:

 

17-9.1-8

7 and 8

 

 

17-9.1-8. Registration at designated agencies.

     (a) Every person who is or may be by the next general election qualified to vote may

register to vote when being discharged from incarceration or when applying for services or

assistance at any of the following offices:

     (1) Any office in the state that provides public assistance;

     (2) At or through any offices in the state that provide state-funded programs primarily

engaged in providing services to persons with disabilities;

     (3) At armed forces recruitment offices, subject to procedures developed by the state

board in cooperation with the United States Department of Defense;

     (4) At or through the department of corrections; and

     (5) At any other agencies within the state that shall be determined by the state board.

     (b) Voter registration agencies designated by the state board may include, but are not

limited to:

     (1) State or local government offices such as public libraries, public schools, offices of

city and towns clerks (including marriage license bureaus), fishing and hunting license bureaus,

government revenue offices, unemployment compensation offices, and offices not described in

subdivision subsection (a)(2) of this section that provide services to persons with disabilities; and

     (2) Federal and nongovernmental offices, with the agreement of those offices.

     (c)(1) Persons must be provided this opportunity to register to vote not only at the time of

their original application for services, but also when filing any recertification, renewal, or for a

change of address relating to those services. Agencies providing voter registration assistance must

offer the same degree of assistance to individuals in completing a voter registration form as they

offer to individuals in completing the agency's own forms, unless the applicant refuses the

assistance.

     (2) Any person who provides voter registration assistance services in an agency is

prohibited from:

     (i) Seeking to influence an applicant's party preference or party registration;

     (ii) Displaying any political preference or party allegiance;

     (iii) Making any statement or taking any action whose purpose or effect is to discourage

the applicant from registering to vote; or

     (iv) Making any statement or taking any action whose purpose or effect is to lead the

applicant to believe that a decision whether or not to register has any bearing on the availability

of services or benefits or on discharge from incarceration.

     (d)(1) Those who decline to register to vote must do so in writing or by failing to check a

box on a form containing the question: "If you are not registered to vote where you live now,

would you like to apply to register to vote here today? yes or no".

     (2) The declination may be included in the agency application for services or on a

separate form provided by the agency, subject to rules and regulations to be adopted by the state

board.

     (3) No information regarding a person's declination to register to vote may be used for

any purpose other than voter registration. If an individual does register to vote, the particular

agency at which the applicant submits a voter registration application may not be publicly

disclosed.

     (4) The declination form to be used at agencies providing public or publicly funded

assistance shall also contain the following statements and information:

     (i) "Applying to register or declining to register to vote will not affect the amount of

assistance that you will be provided by this agency"; or, for those forms made available by the

department of corrections.: "Applying to register or declining to register to vote will not affect

your discharge from incarceration";

     (ii) "If you do not check either box, you will be considered to have decided not to register

to vote at this time." (with "yes" and "no" boxes being provided);

     (iii) "If you would like help filling out the voter registration application form, we will

help you. The decision whether to seek or accept help is yours. You may fill out the application

form in private";

     (iv) "If you believe that someone has interfered with your right to register or to decline to

register to vote, your right to privacy in deciding whether to register or in applying to register to

vote, or your right to choose your own political party or other political preference, you may file a

complaint with the State Board of Elections, 50 Branch Avenue, Providence 2000 Plainfield Pike,

Cranston, Rhode Island 02904 02921, (401) 222-2345, (401) 222-2239 TDD";

     (v) A statement that if the applicant declines to register to vote, his or her decision will

remain confidential and be used only for voter registration purposes; and

     (vi) A statement that if the applicant does register to vote, information regarding the

agency to which the application was submitted will remain confidential, to be used only for voter

registration purposes.

     (e)(1) The registration form to be provided in these agencies shall be the mail registration

form adopted by the state board. Unless the registrant refuses to permit the agency to transmit the

form to the state board or local board where the applicant resides, the agency shall transmit the

completed registration form to the state board or any local board. However, if the registrant

refuses, the registrant may either mail the form to the state board or any local board or may

provide for delivery of the form to the state board or any local board either in person or through a

third party. It shall be the responsibility of all state or state-funded agencies to have available at

all times a sufficient number of voter registration forms in order to carry out the provisions of this

section.

     (2) Unless the applicant refuses to permit the agency to transmit the completed voter

registration form to the state board or to a local board, the agency shall be required to transmit the

registration form within ten (10) days after acceptance, or if accepted on the last day or within

five (5) days before the last day to register for an election, within five (5) days of acceptance.

     (f) The department of corrections and each agency designated by the board to register

persons to vote when applying for services or assistance shall report to the state board:

     (1) The number of persons applying for services and assistance or the number of persons

discharged from incarceration following felony convictions who are eligible to vote;

     (2) The number of persons who have been registered to vote at that agency;

     (3) The number of forms that have been transmitted by the agency to the state or local

board; and

     (4) The number of persons who have declined to register to vote at that agency. Reports

to the state board by each designated agency shall be on a quarterly basis.

     (g) Any person who has fully and correctly completed an application to register to vote at

a designated agency is presumed to be registered as of the date of the acceptance of the

registration by the designated agency, subject to verification of the registration by the state board

or any local board as provided in § 17-9.1-25.

     (h) If a voter registration agency which is primarily engaged in providing services to

persons with disabilities provides those services at the person's home, the agency shall provide

the voter registration services authorized by this section at the person's home.

     (i) The state board of elections shall have the authority to adopt regulations to implement

and administer the provisions of this section, including all registrations taken at designated

agencies.

     (j) In cases where the findings required by subdivision §17-6-1.2(a)(4) have been made,

transmission shall be made by electronic means as prescribed by the secretary of state, and shall

be in an electronic form compatible with the voter registration system maintained by the secretary

of state.


 

 

 

123)

Section

Amend Chapter Numbers:

 

17-14-7

7 and 8

 

 

17-14-7. Number of signers required for nomination papers.

     (a) United States senator or governor. The nomination papers of a candidate for the party

nomination or an independent candidate for presidential elector, United States senator, or

governor shall be signed, in the aggregate, by at least one thousand (1,000) voters.

Notwithstanding the foregoing, for the 2020 election only, the nomination papers of a candidate

for the party nomination or an independent candidate for United States senator shall be signed, in

the aggregate, by at least five hundred (500) voters.

     (b) Representative in Congress. The nomination papers of a candidate for the party

nomination or an independent candidate for representative in congress shall be signed, in the

aggregate, by at least five hundred (500) voters. Notwithstanding the foregoing, for the 2020

election only, the nomination papers of a candidate for the party nomination or an independent

candidate for representative in Congress shall be signed, in the aggregate, by at least two hundred

fifty (250) voters.

     (c) General state offices. The nomination papers of a candidate for the party nomination

or an independent candidate for any of the general offices of the state, excluding governor, shall

be signed, in the aggregate, by at least five hundred (500) voters.

     (d) State senator. The nomination papers of a candidate for a party nomination or

independent candidate for senator in any senatorial district shall be signed, in the aggregate, by at

least one hundred (100) voters of the senatorial district.

     (e) State representative. The nomination papers of a candidate for party nomination or an

independent candidate for a member of the house of representatives from any representative

district shall be signed, in the aggregate, by at least fifty (50) voters of the representative district.

     (f) City offices. The nomination papers of a candidate for party nomination or an

independent candidate for any local office to be filled by the voters of any city at large shall be

signed, in the aggregate, by at least two hundred (200) voters of the city, provided that in the city

of Newport, for at-large candidates or candidates for school committee, at least one hundred (100)

signatures shall be required; provided, further, that in the city of Woonsocket, for candidates for

citywide nonpartisan office, including city council, mayor, and candidates for school committee,

if elected, at least one hundred (100) signatures shall be required; and provided, further that in the

city of Providence, at least five hundred (500) signatures shall be required.

     (g) Voting district moderator or clerk. The nomination papers for a candidate for voting

district moderator or clerk in any town shall be signed, in the aggregate, by at least ten (10) voters

of the voting district.

     (h) Other offices. The nomination papers of a candidate for party nomination for other

offices covered by § 17-15-7, or for the election of delegates or for unendorsed party committee

candidates, shall be signed, in the aggregate, by fifty (50) voters.


 

 

 

124)

Section

Amend Chapter Numbers:

 

17-20-2.2

64 and 74

 

 

17-20-2.2. Requirements for validity of emergency mail ballots.

     (a) Any legally qualified elector of this state whose name appears upon the official voting

list of the town or district of the city or town where the elector is so qualified, who on account of

circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote by

mail ballot according to this chapter, may obtain from the local board an application for an

emergency mail ballot or may complete an emergency in-person mail ballot application on an

electronic poll pad at the board of canvassers where the elector maintains his or her residence.

     (b) The emergency mail ballot application, when duly executed, shall be delivered in

person or by mail so that it shall be received by the local board not later than four o'clock (4:00)

p.m. on the last day preceding the date of the election.

     (c) The elector shall execute the emergency mail ballot application in accordance with the

requirements of this chapter, which application shall contain a certificate setting forth the facts

relating to the circumstances necessitating the application.

     (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail

ballot, except those emergency mail ballots being cast pursuant to § 17-20-2.2 subsection(g) of

this section, in order to be valid, must have been cast in conformance with the following

procedures:

     (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the elector

at the State state of Rhode Island address provided on the application by the office of the secretary

of state, or delivered by the local board to a person presenting written authorization from the elector

to receive the ballots, or cast in private at the local board of canvassers. In order to be valid,

the signature of the voter on the certifying envelope containing a voted ballot must be made

before a notary public, or other person authorized by law to administer oaths where signed, or

where the elector voted, or before two (2) witnesses who shall set forth their addresses on the form.

In order to be valid, all ballots sent to the elector at the board of canvassers must be voted

in conformance with the provisions of § 17-20-14.2.

     (2) All applications for emergency mail ballots pursuant to subdivision 17-20-2(2) must

state under oath the name and location of the hospital, convalescent home, nursing home, or

similar institution where the elector is confined. All mail ballots issued pursuant to this

subdivision shall be delivered to the elector by the bi-partisan pair of supervisors, appointed

in conformance with this chapter, and shall be voted and witnessed in conformance with the

provisions of § 17-20-14.

     (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed by the office

of the secretary of state to the elector at an address provided by the elector on the application, or

cast at the board of canvassers in the city or town where the elector maintains his or her voting

residence. The signature of the elector on the certifying envelope containing the voted ballots

issued pursuant to the subdivision does not need to be notarized or witnessed. Any voter

qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to cast

a ballot pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act").

     (4) All mail ballots issued pursuant to subdivision 17-20-2(4) shall be cast at the board of

canvassers in the city or town where the elector maintains his or her voting residence or mailed by

the office of the secretary of state to the elector at the address within the United States provided by

the elector on the application, or delivered to the voter by a person presenting written

authorization by the voter to pick up the ballot. In order to be valid, the signature of the voter on

all certifying envelopes containing a voted ballot must be made before a notary public,

or other person authorized by law to administer oaths where signed, or where the elector voted, or

before two (2) witnesses who shall set forth their addresses on the form. In order to be valid, all

ballots sent to the elector at the board of canvassers must be voted in conformance with the

provisions of § 17-20-14.2.

     (e) The secretary of state shall provide each of the several boards of canvassers with a

sufficient number of mail ballots for their voting districts so that the local boards may provide the

appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to

process each emergency ballot application in accordance with this chapter, and it shall be the duty

of each board to return to the secretary of state any ballots not issued immediately after each

election.

     (f) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

     (g) An emergency mail ballot application may be completed in person using an electronic

poll pad provided by the board of canvassers upon presentation by the voter of valid proof of

identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be

provided with a ballot issued by the secretary of state and upon completion of the ballot by the

voter, the voter shall place the ballot into the state-approved electronic voting device, provided by

the board of elections and secured in accordance with a policy adopted by the board of elections.


 

 

 

125)

Section

Amend Chapter Numbers:

 

17-20-19

7 and 8

 

 

17-20-19. Envelopes for return of ballots.

     Envelopes for the enclosure and return of mail ballots and their enclosing certified

envelope shall have the printed or written address: "Board of Elections, 50 Branch Ave.,

Providence 2000 Plainfield Pike, Cranston, Rhode Island 02904-2790 02921” or a post office box

established and maintained by the board"; and shall be forwarded by the secretary of state to each

mail voter whose application for the mail ballot has been received and accepted.


 

 

 

126)

Section

Amend Chapter Numbers:

 

21-28.6-6

1 and 2

 

 

21-28.6-6. Administration of departments of health and business regulation

     (a) The department of health shall issue registry identification cards to qualifying patients

who submit the following, in accordance with the department's regulations. Applications shall

include but not be limited to:

     (1) Written certification as defined in § 21-28.6-3;

     (2) Application fee, as applicable;

     (3) Name, address, and date of birth of the qualifying patient; provided, however, that if

the patient is homeless, no address is required;

     (4) Name, address, and telephone number of the qualifying patient's practitioner;

     (5) Whether the patient elects to grow medical marijuana plants for himself or herself;

and

     (6) Name, address, and date of birth of one primary caregiver of the qualifying patient

and any authorized purchasers for the qualifying patient, if any primary caregiver or authorized

purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the

departments of health or business regulation.

     (b) The department of health shall not issue a registry identification card to a qualifying

patient under the age of eighteen (18) unless:

     (1) The qualifying patient's practitioner has explained the potential risks and benefits of

the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having

legal custody of the qualifying patient; and

     (2) A parent, guardian, or person having legal custody consents in writing to:

     (i) Allow the qualifying patient's medical use of marijuana;

     (ii) Serve as the qualifying patient's primary caregiver or authorized purchaser; and

     (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the

medical use of marijuana by the qualifying patient.

     (c) The department of health shall renew registry identification cards to qualifying

patients in accordance with regulations promulgated by the department of health and subject to

payment of any applicable renewal fee.

     (d) The department of health shall not issue a registry identification card to a qualifying

patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen

(18).

     (e) The department of health shall verify the information contained in an application or

renewal submitted pursuant to this section, and shall approve or deny an application or renewal

within thirty-five (35) days of receiving it. The department may deny an application or renewal

only if the applicant did not provide the information required pursuant to this section, or if the

department determines that the information provided was falsified, or that the renewing applicant

has violated this chapter under their previous registration. Rejection of an application or renewal

is considered a final department action, subject to judicial review. Jurisdiction and venue for

judicial review are vested in the superior court.

     (f) If the qualifying patient's practitioner notifies the department of health in a written

statement that the qualifying patient is eligible for hospice care or chemotherapy, the department

of health and department of business regulation, as applicable, shall give priority to these

applications when verifying the information in accordance with subsection (e) and issue a registry

identification card to these qualifying patients, primary caregivers and authorized purchasers

within seventy-two (72) hours of receipt of the completed application. The departments shall not

charge a registration fee to the patient, caregivers or authorized purchasers named in the

application. The department of health may identify through regulation a list of other conditions

qualifying a patient for expedited application processing.

     (g) Following the promulgation of regulations pursuant to § 21-28.6-5(c), the department

of business regulation may issue or renew a registry identification card to the qualifying patient

cardholder's primary caregiver, if any, who is named in the qualifying patient's approved

application. The department of business regulation shall verify the information contained in

applications and renewal forms submitted pursuant to this chapter prior to issuing any registry

identification card. The department of business regulation may deny an application or renewal if

the applicant or appointing patient did not provide the information required pursuant to this

section, or if the department determines that the information provided was falsified, or if the

applicant or appointing patient has violated this chapter under his or her previous registration or

has otherwise failed to satisfy the application or renewal requirements.

     (1) A primary caregiver applicant or an authorized purchaser applicant shall apply to the

bureau of criminal identification of the department of attorney general, department of public

safety division of state police, or local police department for a national criminal records check

that shall include fingerprints submitted to the Federal Bureau of Investigation. Upon the

discovery of any disqualifying information as defined in subsection (g)(5) of this section, and in

accordance with the rules promulgated by the director, the bureau of criminal identification of the

department of attorney general, department of public safety division of state police, or the local

police department shall inform the applicant, in writing, of the nature of the disqualifying

information; and, without disclosing the nature of the disqualifying information, shall notify the

department of business regulation or department of health, as applicable, in writing, that

disqualifying information has been discovered.

     (2) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the department of attorney general, department of public safety

division of state police, or the local police shall inform the applicant and the department of

business regulation or department of health, as applicable, in writing, of this fact.

     (3) The department of health or department of business regulation, as applicable, shall

maintain on file evidence that a criminal records check has been initiated on all applicants

seeking a primary caregiver registry identification card or an authorized purchaser registry

identification card and the results of the checks. The primary caregiver cardholder shall not be

required to apply for a national criminal records check for each patient he or she is connected to

through the department's registration process, provided that he or she has applied for a national

criminal records check within the previous two (2) years in accordance with this chapter. The

department of health and department of business regulation, as applicable, shall not require a

primary caregiver cardholder or an authorized purchaser cardholder to apply for a national

criminal records check more than once every two (2) years.

     (4) Notwithstanding any other provision of this chapter, the department of business

regulation or department of health may revoke or refuse to issue any class or type of registry

identification card or license if it determines that failing to do so would conflict with any federal

law or guidance pertaining to regulatory, enforcement, and other systems that states, businesses,

or other institutions may implement to mitigate the potential for federal intervention or

enforcement. This provision shall not be construed to prohibit the overall implementation and

administration of this chapter on account of the federal classification of marijuana as a schedule I

substance or any other federal prohibitions or restrictions.

     (5) Information produced by a national criminal records check pertaining to a conviction

for any felony offense under chapter 28 of this title ("Rhode Island controlled substances act");

murder; manslaughter; rape; first-degree sexual assault; second-degree sexual assault; first-degree

child molestation; second-degree child molestation; kidnapping; first-degree arson; second-degree

arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon;

assault or battery involving grave bodily injury; and/or assault with intent to commit any offense

punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the

applicant and the department of health or department of business regulation, as applicable,

disqualifying the applicant. If disqualifying information has been found, the department of health

or department of business regulation, as applicable, may use its discretion to issue a primary

caregiver registry identification card or an authorized purchaser registry identification card if the

applicant's connected patient is an immediate family member and the card is restricted to that

patient only.

     (6) The primary caregiver or authorized purchaser applicant shall be responsible for any

expense associated with the national criminal records check.

     (7) For purposes of this section, "conviction" means, in addition to judgments of

conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances

where the defendant has entered a plea of nolo contendere and has received a sentence of

probation and those instances where a defendant has entered into a deferred sentence agreement

with the attorney general.

     (8)(i) The office of cannabis regulation may adopt rules and regulations based on federal

guidance provided those rules and regulations are designed to comply with federal guidance and

mitigate federal enforcement against the registrations and licenses issued under this chapter.

     (ii) All new and revised rules and regulations promulgated by the department of business

regulation and/or the department of health pursuant to this chapter shall be subject to approval by

the general assembly prior to enactment.

     (h)(1) On or before December 31, 2016, the department of health shall issue registry

identification cards within five (5) business days of approving an application or renewal that shall

expire two (2) years after the date of issuance.

     (2) Effective January 1, 2017, and thereafter, the department of health or the department

of business regulation, as applicable, shall issue registry identification cards within five (5)

business days of approving an application or renewal that shall expire one year after the date of

issuance.

     (3) Registry identification cards shall contain:

     (i) The date of issuance and expiration date of the registry identification card;

     (ii) A random registry identification number;

     (iii) A photograph; and

     (iv) Any additional information as required by regulation of the department of health or

business regulation as applicable.

     (i) Persons issued registry identification cards by the department of health or department

of business regulation shall be subject to the following:

     (1) A qualifying patient cardholder shall notify the department of health of any change in

his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to

have his or her debilitating medical condition, within ten (10) days of the change.

     (2) A qualifying patient cardholder who fails to notify the department of health of any of

these changes is responsible for a civil infraction, punishable by a fine of no more than one

hundred fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating

medical condition, the card shall be deemed null and void and the person shall be liable for any

other penalties that may apply to the person's nonmedical use of marijuana.

     (3) A primary caregiver cardholder or authorized purchaser shall notify the issuing

department of any change in his or her name or address within ten (10) days of the change. A

primary caregiver cardholder or authorized purchaser who fails to notify the department of any of

these changes is responsible for a civil infraction, punishable by a fine of no more than one

hundred fifty dollars ($150).

     (4) When a qualifying patient cardholder or primary caregiver cardholder notifies the

department of health or department of business regulation, as applicable, of any changes listed in

this subsection, the department of health or department of business regulation, as applicable, shall

issue the qualifying patient cardholder and each primary caregiver cardholder a new registry

identification card within ten (10) days of receiving the updated information and a ten-dollar

($10.00) fee.

     (5) When a qualifying patient cardholder changes his or her primary caregiver or

authorized purchaser, the department of health or department of business regulation, as

applicable, shall notify the primary caregiver cardholder or authorized purchaser within ten (10)

days. The primary caregiver cardholder's protections as provided in this chapter as to that patient

shall expire ten (10) days after notification by the issuing department. If the primary caregiver

cardholder or authorized purchaser is connected to no other qualifying patient cardholders in the

program, he or she must return his or her registry identification card to the issuing department.

     (6) If a cardholder or authorized purchaser loses his or her registry identification card, he