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

or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within

ten (10) days of losing the card. Within five (5) days, the department of health or department of

business regulation shall issue a new registry identification card with a new random identification

number.

     (7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her

registration with regard to the growing of medical marijuana for himself or herself, he or she shall

notify the department prior to the purchase of medical marijuana tags or the growing of medical

marijuana plants.

     (8) If a cardholder or authorized purchaser willfully violates any provision of this chapter

as determined by the department of health or the department of business regulation, his or her

registry identification card may be revoked.

     (j) Possession of, or application for, a registry identification card shall not constitute

probable cause or reasonable suspicion, nor shall it be used to support the search of the person or

property of the person possessing or applying for the registry identification card, or otherwise

subject the person or property of the person to inspection by any governmental agency.

     (k)(1) Applications and supporting information submitted by qualifying patients,

including information regarding their primary caregivers, authorized purchaser, and practitioners,

are confidential and protected in accordance with the federal Health Insurance Portability and

Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of

title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to

authorized employees of the department departments of health and business regulation as

necessary to perform official duties of the departments, and pursuant to subsections (l) and (m).

     (2) The application for a qualifying patient's registry identification card shall include a

question asking whether the patient would like the department of health to notify him or her of

any clinical studies about marijuana's risk or efficacy. The department of health shall inform

those patients who answer in the affirmative of any such studies it is notified of, that will be

conducted in Rhode Island. The department of health may also notify those patients of medical

studies conducted outside of Rhode Island.

     (3) The department of health and the department of business regulation, as applicable,

shall maintain a confidential list of the persons to whom the department of health or department

of business regulation has issued authorized patient, primary caregiver, and authorized purchaser

registry identification cards. Individual names and other identifying information on the list shall

be confidential, exempt from the provisions of Rhode Island access to public information

records, chapter 2 of title 38, and not subject to disclosure, except to authorized employees of the

departments of health and business regulation as necessary to perform official duties of the

departments and pursuant to subsections (l) and (m) of this section.

     (l) Notwithstanding subsections (k) and (m) of this section, the departments of health and

business regulation, as applicable, shall verify to law enforcement personnel whether a registry

identification card is valid and may provide additional information to confirm whether a

cardholder is compliant with the provisions of this chapter and the regulations promulgated

hereunder. The department of business regulation shall verify to law enforcement personnel

whether a registry identification card is valid and may confirm whether the cardholder is

compliant with the provisions of this chapter and the regulations promulgated hereunder. This

verification may occur through the use of a shared database, provided that any medical records or

confidential information in this database related to a cardholder's specific medical condition is

protected in accordance with subdivision subsection (k)(1).

     (m) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a

one thousand dollar ($1,000) fine, for any person, including an employee or official of the

departments of health, business regulation, public safety, or another state agency or local

government, to breach the confidentiality of information obtained pursuant to this chapter.

Notwithstanding this provision, the department of health and department of business regulation

employees may notify law enforcement about falsified or fraudulent information submitted to the

department or violations of this chapter. Nothing in this act shall be construed as to prohibit law

enforcement, public safety, fire, or building officials from investigating violations of, or enforcing

state law.

     (n) On or before the fifteenth day of the month following the end of each quarter of the

fiscal year, the department of health and the department of business regulation shall report to the

governor, the speaker of the house of representatives, and the president of the senate on

applications for the use of marijuana for symptom relief. The report shall provide:

     (1) The number of applications for registration as a qualifying patient, primary caregiver,

or authorized purchaser that have been made to the department of health and the department of

business regulation during the preceding quarter, the number of qualifying patients, primary

caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions

of the qualifying patients, the number of registrations revoked, and the number and

specializations, if any, of practitioners providing written certification for qualifying patients.

     (o) On or before September 30 of each year, the department of health and the department

of business regulation, as applicable, shall report to the governor, the speaker of the house of

representatives, and the president of the senate on the use of marijuana for symptom relief. The

report shall provide:

     (1) The total number of applications for registration as a qualifying patient, primary

caregiver, or authorized purchaser that have been made to the department of health and the

department of business regulation, the number of qualifying patients, primary caregivers, and

authorized purchasers approved, the nature of the debilitating medical conditions of the

qualifying patients, the number of registrations revoked, and the number and specializations, if

any, of practitioners providing written certification for qualifying patients;

     (2) The number of active qualifying patient, primary caregiver, and authorized purchaser

registrations as of June 30 of the preceding fiscal year;

     (3) An evaluation of the costs permitting the use of marijuana for symptom relief,

including any costs to law enforcement agencies and costs of any litigation;

     (4) Statistics regarding the number of marijuana-related prosecutions against registered

patients and caregivers, and an analysis of the facts underlying those prosecutions;

     (5) Statistics regarding the number of prosecutions against physicians for violations of

this chapter; and

     (6) Whether the United States Food and Drug Administration has altered its position

regarding the use of marijuana for medical purposes or has approved alternative delivery systems

for marijuana.

     (p) After June 30, 2018, the department of business regulation shall report to the speaker

of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors

within 60 days of the close of the prior fiscal year. The report shall provide:

     (1) The number of applications for registry identification cards to compassion center

staff, the number approved, denied and the number of registry identification cards revoked, and

the number of replacement cards issued;

     (2) The number of applications for compassion centers and licensed cultivators;

     (3) The number of marijuana plant tag sets ordered, delivered, and currently held within

the state;

     (4) The total revenue collections of any monies related to its regulator activities for the

prior fiscal year, by the relevant category of collection, including enumerating specifically the

total amount of revenues foregone or fees paid at reduced rates pursuant to this chapter.


 

 

 

 

127)

Section

Add Chapter Numbers:

 

22-7.4-143

11 and 16

 

 

22-7.4-143. The Rhode Island Purple Heart Trail.

     The section of highway known as Route 4 and Route 1, which begins in Warwick as

Route 4 and merges into Route 1 in North Kingstown and further extends to the town of

Westerly, shall be named The Rhode Island Purple Heart Trail. Provided, this designation shall be

coextensive with and shall not repeal, revoke, or displace any name or similar designation already

given to sections or areas of and along the highway, and those names and designations shall

remain in effect.


 

 

 

128)

Section

Amend Chapter Numbers:

 

23-3-10

59 and 60

 

 

23-3-10. Birth registration.

     (a) A certificate of birth for each live birth which occurs in this state shall be filed with the

state registrar of vital records, or as otherwise directed by the state registrar, within four (4) days

after that birth.

     (b) When a birth occurs in an institution, the person in charge of the institution, or his or

her designated representative, shall obtain the personal data; prepare the certificate; secure the

signatures required by the certificate; and file it with the state registrar of vital records, or as

otherwise directed by the state registrar. The physician and/or midwife in attendance, or his or her

authorized designee as defined in department regulations, shall certify to the facts of birth and

provide the medical information required by the certificate within three (3) days after the birth.

     (c) When a birth occurs outside an institution, the certificate shall be prepared and filed by

one of the following in the indicated order of priority:

     (1) The physician in attendance at, or immediately after, the birth, or in the absence of a

physician;

     (2) Any other person in attendance at, or immediately after, the birth, or in the absence of

any person in attendance at or immediately after the birth;

     (3) The father, the mother, or, in the absence of the father and the inability of the mother,

the person in charge of the premises where the birth occurred.

     (4) When a birth occurs in a moving conveyance, the place of birth shall be that address in

the city or town where the child is first removed from the conveyance.

     (d)(1) If the mother was married either at the time of conception or birth, the name of the

husband shall be entered on the certificate as the father of the child unless paternity has been

determined otherwise by a court of competent jurisdiction, in which case the name of the father as

determined by the court shall be entered.

     (2) If the mother was not married either at the time of conception or birth, the child shall

bear the mother's surname and the name of the father shall not be entered on the certificate of

birth without the written consent of the mother and the person to be named as the father unless a

determination of paternity has been made by a court of competent jurisdiction, in which case the

name of the father as determined by the court shall be entered on the birth certificate.

     (e) The state registrar shall not decline to register and/or issue any birth certificate or

certified copy of any birth certificate on the grounds that medical or health information collected

for statistical purposes has not been supplied.


 

 

 

129)

Section

Amend Chapter Numbers:

 

23-17.14-7

63 and 70

 

 

23-17.14-7. Review process of the department of attorney general and the department

of health and review criteria by department of attorney general.

     (a) The department of attorney general shall review all conversions involving a hospital in

which one or more of the transacting parties involves a for-profit corporation as the acquiror and a

not-for-profit corporation as the acquiree.

     (b) In reviewing proposed conversions in accordance with this section and § 23-17.14-10,

the department of attorney general and department of health shall adhere to the following process:

     (1) Within thirty (30) days after receipt of an initial application, the department of attorney

general and department of health shall jointly advise the applicant, in writing, whether the

application is complete, and, if not, shall specify all additional information the applicant is required

to provide;

     (2) The applicant will submit the additional information within thirty (30) working days.

If the additional information is submitted within the thirty-(30) day (30) period, the department of

attorney general and department of health will have ten (10) working days within which to

determine acceptability of the additional information. If the additional information is not submitted

by the applicant within the thirty-(30) day (30) period or if either agency determines

the additional information submitted by the applicant is insufficient, the application will be

rejected without prejudice to the applicant's right to resubmit, the rejection to be accompanied by

a detailed written explanation of the reasons for rejection. If the department of attorney general

and department of health determine the additional information to be as requested, the applicant

will be notified, in writing, of the date of acceptance of the application;

     (3) Within thirty (30) working days after acceptance of the initial application, the

department of attorney general shall render its determination on confidentiality pursuant to § 23-

17.14-32 and the department of attorney general and department of health shall publish notice of

the application in a newspaper of general circulation in the state and shall notify by United States

mail any person who has requested notice of the filing of the application. The notice shall:

     (i) State that an initial application has been received and accepted for review,;

     (ii) State the names of the transacting parties,;

     (iii) State the date by which a person may submit written comments to the department of

attorney general or department of health,; and

     (iv) Provide notice of the date, time, and place of informational meeting open to the public

which shall be conducted within sixty (60) days of the date of the notice;

     (4) The department of attorney general and department of health shall each approve,

approve with conditions directly related to the proposed conversion, or disapprove the application

within one hundred twenty (120) days of the date of acceptance of the application.

     (c) In reviewing an application pursuant to subsection (a) of this section, the department

of the attorney general shall consider the following criteria:

     (1) Whether the proposed conversion will harm the public's interest in trust property given,

devised, or bequeathed to the existing hospital for charitable, educational, or religious purposes

located or administered in this state;

     (2) Whether a trustee or trustees of any charitable trust located or administered in this state

will be deemed to have exercised reasonable care, diligence, and prudence in performing as a

fiduciary in connection with the proposed conversion;

     (3) Whether the board established appropriate criteria in deciding to pursue a conversion

in relation to carrying out its mission and purposes;

     (4) Whether the board formulated and issued appropriate requests for proposals in pursuing

a conversion;

     (5) Whether the board considered the proposed conversion as the only alternative or as the

best alternative in carrying out its mission and purposes;

     (6) Whether any conflict of interest exists concerning the proposed conversion relative to

members of the board, officers, directors, senior management, experts, or consultants engaged in

connection with the proposed conversion including, but not limited to, attorneys, accountants,

investment bankers, actuaries, health care experts, or industry analysts;

     (7) Whether individuals described in subdivision subsection (c)(6) of this section were

provided with contracts or consulting agreements or arrangements which that included pecuniary

rewards based in whole, or in part on the contingency of the completion of the conversion;

     (8) Whether the board exercised due care in engaging consultants with the appropriate level

of independence, education, and experience in similar conversions;

     (9) Whether the board exercised due care in accepting assumptions and conclusions

provided by consultants engaged to assist in the proposed conversion;

     (10) Whether the board exercised due care in assigning a value to the existing hospital and

its charitable assets in proceeding to negotiate the proposed conversion;

     (11) Whether the board exposed an inappropriate amount of assets by accepting in

exchange for the proposed conversion future or contingent value based upon success of the new

hospital;

     (12) Whether officers, directors, board members, or senior management will receive future

contracts in existing, new, or affiliated hospital or foundations;

     (13) Whether any members of the board will retain any authority in the new hospital;

     (14) Whether the board accepted fair consideration and value for any management

contracts made part of the proposed conversion;

     (15) Whether individual officers, directors, board members, or senior management

engaged legal counsel to consider their individual rights or duties in acting in their capacity as a

fiduciary in connection with the proposed conversion;

     (16) Whether the proposed conversion results in an abandonment of the original purposes

of the existing hospital or whether a resulting entity will depart from the traditional purposes and

mission of the existing hospital such that a cy pres proceeding would be necessary;

     (17) Whether the proposed conversion contemplates the appropriate and reasonable fair

market value;

     (18) Whether the proposed conversion was based upon appropriate valuation methods

including, but not limited to, market approach, third-party report, or fairness opinion;

     (19) Whether the conversion is proper under the Rhode Island Nonprofit Corporation Act;

     (20) Whether the conversion is proper under applicable state tax code provisions;

     (21) Whether the proposed conversion jeopardizes the tax status of the existing hospital;

     (22) Whether the individuals who represented the existing hospital in negotiations avoided

conflicts of interest;

     (23) Whether officers, board members, directors, or senior management deliberately acted

or failed to act in a manner that impacted negatively on the value or purchase price;

     (24) Whether the formula used in determining the value of the existing hospital was

appropriate and reasonable which may include, but not be limited to, factors such as: the multiple

factor applied to the "EBITDA" -- earnings before interest, taxes, depreciation, and amortization;

the time period of the evaluation; price/earnings multiples; the projected efficiency differences

between the existing hospital and the new hospital; and the historic value of any tax exemptions

granted to the existing hospital;

     (25) Whether the proposed conversion appropriately provides for the disposition of

proceeds of the conversion that may include, but not be limited to:

     (i) Whether an existing entity or a new entity will receive the proceeds;

     (ii) Whether appropriate tax status implications of the entity receiving the proceeds have

been considered;

     (iii) Whether the mission statement and program agenda will be or should be closely related

with the purposes of the mission of the existing hospital;

     (iv) Whether any conflicts of interest arise in the proposed handling of the conversion's

proceeds;

     (v) Whether the bylaws and articles of incorporation have been prepared for the new entity;

     (vi) Whether the board of any new or continuing entity will be independent from the new

hospital;

     (vii) Whether the method for selecting board members, staff, and consultants is

appropriate;

     (viii) Whether the board will comprise an appropriate number of individuals with

experience in pertinent areas such as foundations, health care, business, labor, community

programs, financial management, legal, accounting, grant making, and public members

representing diverse ethnic populations and the interests of the affected community; and

     (ix) Whether the size of the board and proposed length of board terms are sufficient;

     (26) Whether the transacting parties are in compliance with the Charitable Trust Act,

chapter 9 of title 18; and

     (27) Whether a right of first refusal to repurchase the assets has been retained.;

     (28) Whether the character, commitment, competence, and standing in the community, or

any other communities served by the transacting parties, are satisfactory;

     (29) Whether a control premium is an appropriate component of the proposed conversion;

and

     (30) Whether the value of assets factored in the conversion is based on past performance

or future potential performance; and

     (31) Whether the proposed conversion is proper under chapter 36 of title 6 (" Rhode Island

Antitrust Act").


 

 

 

130)

Section

Amend Chapter Numbers:

 

23-17.14-10

63 and 70

 

 

23-17.14-10. Review process of department of attorney general and department of

health and criteria by department of attorney general -- Conversions limited to not-for-profit

corporations.

     (a) In reviewing an application of a conversion involving a hospital in which the transacting

parties are limited to not-for-profit corporations, except as provided in § 23-17.14-12.1, the

department of attorney general and department of health shall adhere to the following process:

     (1) Within thirty (30) days after receipt of an initial application, the department of attorney

general and department of health shall jointly advise the applicant, in writing, whether the

application is complete, and, if not, shall specify all additional information the applicant is required

to provide;

     (2) The applicant will submit the additional information within thirty (30) working days.

If the additional information is submitted within the thirty-(30) day (30) period, the department of

attorney general and department of health will have ten (10) working days within which to

determine acceptability of the additional information. If the additional information is not submitted

by the applicant within the thirty-(30) day (30) period or if either agency determines the

additional information submitted by the applicant is insufficient, the application will be rejected

without prejudice to the applicant's right to resubmit, the rejection to be accompanied by a detailed

written explanation of the reasons for rejection. If the department of attorney general and

department of health determine the additional information to be as requested, the applicant will be

notified, in writing, of the date of acceptance of the application;

     (3) Within thirty (30) working days after acceptance of the initial application, the

department of attorney general shall render its determination on confidentiality pursuant to § 23-

17.14-32 and the department of attorney general and department of health shall publish notice of

the application in a newspaper of general circulation in the state and shall notify by United States

mail any person who has requested notice of the filing of the application. The notice shall:

     (i) State that an initial application has been received and accepted for review,;

     (ii) State the names of the transacting parties,;

     (iii) State the date by which a person may submit written comments to the department of

attorney general or department of health,; and

     (iv) Provide notice of the date, time, and place of informational meeting open to the public

which shall be conducted within sixty (60) days of the date of the notice;

     (4) The department of attorney general and department of health shall each approve,

approve with conditions directly related to the proposed conversion, or disapprove the application

within one hundred twenty (120) days of the date of acceptance of the application.

     (b) In reviewing an application of a conversion involving a hospital in which the transacting

parties are limited to not-for-profit corporations, the department of attorney general may consider

the following criteria:

     (1) Whether the proposed conversion will harm the public's interest in trust property given,

devised, or bequeathed to the existing hospital for charitable, educational, or religious purposes

located or administered in this state;

     (2) Whether a trustee or trustees of any charitable trust located or administered in this state

will be deemed to have exercised reasonable care, diligence, and prudence in performing as a

fiduciary in connection with the proposed conversion;

     (3) Whether the board established appropriate criteria in deciding to pursue a conversion

in relation to carrying out its mission and purposes;

     (4) Whether the board considered the proposed conversion as the only alternative or as the

best alternative in carrying out its mission and purposes;

     (5) Whether any conflict of interest exists concerning the proposed conversion relative to

members of the board, officers, directors, senior management, experts, or consultants engaged in

connection with the proposed conversion including, but not limited to, attorneys, accountants,

investment bankers, actuaries, health care experts, or industry analysts;

     (6) Whether individuals described in subdivision subsection (b)(5) of this section were

provided with contracts or consulting agreements or arrangements which that included pecuniary

rewards based in whole, or in part on the contingency of the completion of the conversion;

     (7) Whether the board exercised due care in engaging consultants with the appropriate level

of independence, education, and experience in similar conversions;

     (8) Whether the board exercised due care in accepting assumptions and conclusions

provided by consultants engaged to assist in the proposed conversion;

     (9) Whether officers, directors, board members, or senior management will receive future

contracts;

     (10) Whether any members of the board will retain any authority in the new hospital;

     (11) Whether the board accepted fair consideration and value for any management

contracts made part of the proposed conversion;

     (12) Whether individual officers, directors, board members, or senior management

engaged legal counsel to consider their individual rights or duties in acting in their capacity as a

fiduciary in connection with the proposed conversion;

     (13) Whether the proposed conversion results in an abandonment of the original purposes

of the existing hospital or whether a resulting entity will depart from the traditional purposes and

mission of the existing hospital such that a cy pres proceeding would be necessary;

     (14) Whether the proposed conversion contemplates the appropriate and reasonable fair

market value;

     (15) Whether the proposed conversion was based upon appropriate valuation methods

including, but not limited to, market approach, third-party report, or fairness opinion;

     (16) Whether the conversion is proper under the Rhode Island Nonprofit Corporation Act;

     (17) Whether the conversion is proper under applicable state tax code provisions;

     (18) Whether the proposed conversion jeopardizes the tax status of the existing hospital;

     (19) Whether the individuals who represented the existing hospital in negotiations avoided

conflicts of interest;

     (20) Whether officers, board members, directors, or senior management deliberately acted

or failed to act in a manner that impacted negatively on the value or purchase price;

     (21) Whether the transacting parties are in compliance with the Charitable Trust Act,

chapter 9 of title 18; and

     (22) Whether the proposed conversion is proper under chapter 36 of title 6 (" Rhode Island

Antitrust Act").


 

 

 

131)

Section

Amend Chapter Numbers:

 

28-5.1-14

65 and 71

 

 

28-5.1-14. State licensing and regulatory agencies.

     (a) As used in this section:

     (1) “Licensing authority” means any agency, examining board, or other office with the

authority to impose and evaluate licensing requirements on any profession.

     (2) “License” means and includes the whole or part of any agency permit, certificate,

approval, or similar form of permission required by law, but it does not include a motor vehicle

operator’s license as required in chapter 10 of title 31.

     (b) State agencies shall not discriminate by considering race, color, religion, sex, sexual

orientation, gender, identity or expression, age, national origin, or disability in granting, denying,

or revoking a license or charter, nor shall any person, corporation, or business firm which that is

licensed or chartered by the state unlawfully discriminate against or segregate any person on these

grounds. All businesses licensed or chartered by the state shall operate on a nondiscriminatory

basis, according to equal employment treatment and access to their services to all persons, except

unless otherwise exempted by the laws of the state. Any licensee, charter holder, or retail sales

permit holder who fails to comply with this policy is subject to any disciplinary action that is

consistent with the legal authority and rules and regulations of the appropriate licensing or

regulatory agency. State agencies which that have the authority to grant, deny, or revoke licenses

or charters will cooperate with the state equal opportunity office to prevent any person, corporation,

or business firm from discriminating because of race, color, religion, sex, sexual

orientation, gender, identity or expression, age, national origin, or disability or from participating

in any practice which that may have a disparate effect on any protected class within the population.

The state equal opportunity office shall monitor the equal employment opportunity

activities and affirmative action plans of all such organizations.

     (c) The state agencies, licensing boards, and commissions covered by this section shall

include, but not be limited to, those departments enumerated in § 42-6-1 and the state agencies,

licensing boards, and commissions under the jurisdiction of those departments.

     (d) No person shall be disqualified to practice, pursue, or engage in any occupation, trade,

vocation, profession, or business for which an occupational license, permit, certificate, or

registration is required to be issued by the state or any of its agencies or any state licensing board

or commission, solely or in part, because of a prior conviction of a crime or crimes unless the

underlying crime or crimes substantially relate to the occupation to which the license applies. Any

other state law to the contrary will be superseded by this provision.

     (e) No occupational license, permit, certificate, or registration issued by the state or any of

its agencies or any state licensing board or commission shall be suspended or revoked, solely or in

part, because of a prior conviction of a crime or crimes unless the underlying crime or crimes

substantially relate to the occupation to which the license applies. Any other state law to the

contrary will be superseded by this provision.

     (f) In determining if a conviction substantially relates to the occupation for which the

license is sought, the licensing authority shall consider:

     (1) The state's legitimate interest in equal access to employment for individuals who have

had past contact with the criminal justice system;

     (2) The state's legitimate interest in protecting the property and the safety and welfare of

specific individuals or the general public; and

     (3) The relationship of the crime or crimes to the ability, capacity, and fitness required to

perform the duties and discharge the responsibilities of the position of employment or occupation.

     (g) A person who has been convicted of a crime or crimes which that substantially relate

to the occupation for which a license is sought shall not be disqualified from the occupation if the

person can show competent evidence of sufficient rehabilitation and present fitness to perform the

duties of the occupation for which the license is sought. The licensing authority shall consider the

time elapsed since the conviction when determining sufficient rehabilitation, as well as any

evidence presented by the applicant regarding:

     (1) Completion of a period of at least two (2) years after release from imprisonment, or at

least two (2) years after the sentencing date for a probation sentence not accompanied by

incarceration, without subsequent conviction or pending criminal charge;

     (2) The nature, seriousness, and relevance of the crime or crimes for which convicted;

     (3) All circumstances relative to the crime or crimes, including mitigating circumstances

surrounding the commission of the crime or crimes;

     (4) The age of the person at the time the crime or crimes were committed;

     (5) Claims that the criminal record information is in error or inadmissible under subsection

(h) of this section; and

     (6) All other competent evidence of rehabilitation and present fitness presented, including,

but not limited to, letters of reference by persons who have been in contact with the applicant since

the applicant's release from any state or federal correctional institution.

     (h) The following criminal records may not be used in connection with any application for

a license, permit, certificate, or registration:

     (1) Juvenile adjudications;

     (2) Records of arrest not followed by a valid conviction;

     (3) Convictions which that have been, pursuant to law, annulled or expunged;

     (4) Misdemeanor convictions for which no jail sentence can be imposed;

     (5) A conviction that is not related to the occupation for which a license is being sought,

as determined by subsection (f) of this section.

     (i) If a licensing authority intends to deny, suspend, or revoke an occupational license,

permit, or certificate solely or in part because of the individual's prior conviction of a crime, the

licensing authority shall notify the individual in writing of the following prior to the final decision:

     (1) The specific conviction(s) that form the basis for the potential denial, suspension, or

revocation and the rationale for deeming the conviction substantially related to the occupation;

     (2) A copy of the conviction history report, if any, on which the licensing authority relies;

     (3) A statement that the applicant may provide evidence of mitigation or rehabilitation, as

described in subsection (g) of this section; and

     (4) Instructions on how to respond to the potential denial, suspension, or revocation.

     (j) After receiving the notice of potential denial, suspension, or revocation, the individual

shall have thirty (30) business days to respond.

     (k) If a licensing authority denies, suspends, or revokes an occupational license, permit, or

certificate solely or in part because of the applicant's substantially related conviction, the licensing

authority shall issue a final written decision that addresses each of the factors enumerated in

subsection (f) of this section and which that also includes, but is not limited to, the following:

     (1) The final decision, including the substantially related conviction(s) that form the basis

for denial, suspension, or revocation and the rationale for occupation relatedness;

     (2) The process for appealing the decision in accordance with chapter 35 of title 42

enumerated in subsection (g) of this section; and

     (3) The earliest date the person may reapply for an occupational license, permit, or

certificate, which shall not be longer than two (2) years from the date of the final decision.

     (l) Each state agency or licensing body shall issue a report to be made publicly available

on the agency or licensing body website one year after the passage of this section and by January

31 of each year thereafter, indicating the following:

     (1) The number of initial applicants for every occupational license, permit, or certificate

under their jurisdiction within the preceding calendar year, including the number of applicants

granted licenses, the number of applicants denied licenses for any reason, and, to the extent

available, the demographic breakdown of the applicants, including race, ethnicity, and gender, and

city or town of residence; and

     (2) The number of applicants denied solely, or in part, because of a criminal conviction.

     (m) Unless specifically exempted by reference to this section or otherwise contrary to

federal law, any existing or future state law or regulation relating to the granting, denying,

suspending, or revoking of a license by a state agency shall be subject to the conditions and

procedures established by this section.

     (n) If any provision of this section or its application to any individual or circumstances is

held invalid, the invalidity does not affect other provisions or applications of this section which

that can be given effect without the invalid provision or application, and to this end the provisions

of this section are severable.


 

 

 

132)

Section

Amend Chapter Numbers:

 

28-12-3

3 and 4

 

 

28-12-3. Minimum wages.

     (a) Every employer shall pay to each of his or her employees: commencing July 1, 1999,

at least the minimum wage of five dollars and sixty-five cents ($5.65) per hour. Commencing

September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour.

     (b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five

cents ($6.75) per hour.

     (c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents

($7.10) per hour.

     (d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents

($7.40) per hour.

     (e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five

cents ($7.75) per hour.

     (f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour.

     (g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour.

     (h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents

($9.60) per hour.

     (i) Commencing January 1, 2018, the minimum wage is ten dollars and ten cents ($10.10)

per hour.

     (j) Commencing January 1, 2019, the minimum wage is ten dollars and fifty cents

($10.50) per hour.

     (k) Commencing on October 1, 2020, the minimum wage is increased to eleven dollars

and fifty cents ($11.50) per hour.


 

 

 

133)

Section

Amend Chapter Numbers:

 

28-33-8

66 and 72

 

 

28-33-8. Employee's choice of physician, dentist, or hospital -- Payment of charges --

Physician reporting schedule.

     (a)(1) An injured employee shall initially have freedom of choice to obtain health care,

diagnosis, and treatment from any qualified health care provider. The initial health care provider

of record may, without prior approval, refer the injured employee to any qualified specialist for

independent consultation or assessment, or specified treatment. If the insurer or self-insured

employer has a preferred-provider network approved and kept on record by the medical advisory

board, any change by the employee from the initial health care provider of record shall only be to

a health care provider listed in the approved preferred-provider network; provided, however, that

any contract proffered or maintained that restricts or limits the health care provider's ability to make

referrals pursuant to the provisions of this section; restricts the injured employee's first

choice of health care provider; substitutes or overrules the treatment protocols maintained by

the medical advisory board; or attempts to evade or limit the jurisdiction of the workers' compensation

court shall be void as against public policy. If the employee seeks to change to a

health care provider not in the approved preferred-provider network, the employee must obtain

the approval of the insurer or self-insured employer. Nothing contained in this section shall prevent

the treatment, care, or rehabilitation of an employee by more than one physician, dentist, or hospital.

The employee's first visit to any facility providing emergency care or to a physician

or medical facility under contract with or agreement with the employer or insurer to provide priority

care, shall not constitute the employee's initial choice to obtain health care, diagnosis, or treatment.

     (2) In addition to the treatment of qualified health care providers, the employee shall have

the freedom to obtain a rehabilitation evaluation by a rehabilitation counselor certified by the

director pursuant to § 28-33-41 in cases where the employee has received compensation for a period

of more than three (3) months, and the employer shall pay the reasonable fees incurred by the

rehabilitation counselor for the initial assessment.

     (b) Within three (3) days of an initial visit following an injury, the health care provider

shall provide to the insurer or self-insured employer, and the employee and his or her attorney, a

notification of compensable injury form to be approved by the administrator of the medical

advisory board. Within three (3) days of the injured employee's release or discharge, return to work,

and/or recovery from an injury covered by chapters 29 -- 38 of this title, the health care

provider shall provide a notice of release to the insurer or self-insured employer, and the employee

and his or her attorney, on a form approved by the division. A twenty thirty dollar ($20.00) 

 ($30.00) fee may be charged by the health care provider to the insurer or self-insured employer for

the notification of compensable injury forms or notice of release forms or for affidavits filed

pursuant to subsection (c) of this section, but only if filed in a timely manner. No claim for care or

treatment by a physician, dentist, or hospital chosen by an employee shall be valid and

enforceable as against his or her employer, the employer's insurer, or the employee, unless the

physician, dentist, or hospital gives written notice of the employee's choice to the

employer/insurance carrier within fifteen (15) days after the beginning of the services or treatment.

The health care provider shall, in writing, submit to the employer or insurance carrier an itemized

bill and report for the services or treatment and a final itemized bill for all

unpaid services or treatment within three (3) months after the conclusion of the treatment.

The employee shall not be personally liable to pay any physician, dentist, or hospital bills in

cases where the physician, dentist, or hospital has forfeited the right to be paid by the employer

or insurance carrier because of noncompliance with this section.

     (c)(1) At six (6) ten (10) weeks from the date of injury, then every twelve (12) ten (10)

weeks thereafter until maximum medical improvement, any qualified physician or other health care

professional providing medical care or treatment to any person for an injury covered by

chapters29 -- 38 of this title shall file an itemized bill and an affidavit with the insurer,

the employee and his or her attorney, and the medical advisory board. A ten percent (10%)

discount may be taken on the itemized bill affidavits not filed in a timely manner and received

by the insurer one week or more late. The affidavit shall be on a form designed and provided

by the administrator of the medical advisory board and shall state:

     (i) The type of medical treatment provided to date, including type and frequency of

treatment(s);

     (ii) Anticipated further treatment, including type, frequency, and duration of treatment(s),

whether or not maximum medical improvement has been reached, and the anticipated date of

discharge;

     (iii) Whether the employee can return to the former position of employment, or is capable

of other work, specifying work restrictions and work capabilities of the employee;

     (2) The affidavit shall be admissible as an exhibit of the workers' compensation court with

or without the appearance of the affiant.

     (d) "Itemized bill", as referred to in this section, means a completed statement of charges,

on a form CMS HCFA 1500, UB 92/94 or other form suitable to the insurer, that includes, but is

not limited to, an enumeration of specific types of care provided; facilities or equipment used;

services rendered; and appliances or medicines prescribed, for purposes of identifying the treatment

given the employee with respect to his or her injury.

     (e)(1) The treating physician shall furnish to the employee, or to his or her legal

representative, a copy of his or her medical report within ten (10) days of the examination date.

     (2) The treating physician shall notify the employer, and the employee and his or her

attorney, immediately when an employee is able to return to full or modified work.

     (3) There shall be no charge for a health record when that health record is necessary to

support any appeal or claim under the Workers' Compensation Act § 23-17-19.1(16). The treating

physician shall furnish to the employee, or to his or her legal representative, a medical report, within

ten (10) days of the request, stating the diagnosis, disability, loss of use, end result and/or

causal relationship of the employee's condition associated with the work related injury. The

physician shall be entitled to charge for these services only as enunciated in the State state of

Rhode Island workers compensation medical fee schedule.

     (f)(1) Compensation for medical expenses and other services under §§ 28-33-5, 28-33-7,

or 28-33-8 is due and payable within twenty-one (21) days from the date a request is made for

payment of these expenses by the provider of the medical services. In the event payment is not

made within twenty-one (21) days from the date a request is made for payment, the provider of

medical services may add, and the insurer or self-insurer shall pay, interest at the per annum rate

as provided in § 9-21-10 on the amount due. The employee or the medical provider may file a

petition with the administrator of the workers' compensation court which petition shall follow the

procedure as authorized in chapter 35 of this title.

     (2) The twenty-one day (21) period in subdivision (1) of this subsection and in § 28-35-12

shall begin on the date the insurer receives a request with appropriate documentation required to

determine whether the claim is compensable and the payment requested is due.


 

 

 

 

134)

Section

Amend Chapter Numbers:

 

28-53-7

66 and 72

 

 

28-53-7. Payments to employees of uninsured employers.

     (a) Where it is determined that the employee was injured in the course of employment

while working for an employer who fails to maintain a policy of workers' compensation insurance

as required by § 28-36-1 et seq., in accordance with the provisions of this chapter, the uninsured

protection fund is authorized to pay the benefits to which the injured employee would be entitled

pursuant to chapters 29 to 38 of this title subject to the limitations set forth herein.

     (b) The workers' compensation court shall hear all petitions for payment from the fund

pursuant to § 28-30-1 et seq.; provided, however, that any petition for the commencement of

compensation benefits filed against the uninsured protection fund shall be accompanied or preceded

by a separate petition for the commencement of compensation benefits timely filed against the

uninsured unless the petition to be filed against the uninsured employer is

otherwise enjoined or prevented by law and the employer shall be named as parties to any petition

seeking payment of benefits from the fund.

     (c) Where an employee is deemed to be entitled to benefits from the uninsured protection

fund, the fund shall pay benefits for incapacity as provided pursuant to chapters 29 to 38 of this

title except that the employee shall not be entitled to receive benefits for medical expenses pursuant

to the provisions of § 28-33-5 or loss of function and disfigurement pursuant

to the provisions of §28-33-19 from the uninsured protection fund. Nothing herein shall affect an

employee's right to otherwise recover such benefits for medical expenses, loss of function, 

and disfigurement from an uninsured employer.

     (d) The fund shall pay costs, counsel, and witness fees, as provided in § 28-35-32, to any

employee who successfully prosecutes any petitions for payment; petitions to amend a pretrial

order; and all other employee petitions; and to employees who successfully defend, in whole or in

part, proceedings seeking to reduce or terminate any and all payments; provided, however, that the

attorney's fees awarded to counsel who represent the employee in petitions for lump-sum

commutation filed pursuant to § 28-33-25, or in the settlement of disputed cases pursuant to § 28-

33-25.1, shall be limited to the maximum amount paid to counsel who serve as court-appointed

attorneys in workers' compensation proceedings as established by rule or order of the Rhode Island

supreme court. Any payment ordered by the court or due under this section shall not be subject to

liens set forth in § 28-33-27(b), nor shall such payments be assignable or subject to assignment in

any way.

     (e) In the event that the uninsured employer makes payment of any monies to the employee

to compensate the employee in any way for the alleged work injury lost wages or medical expenses,

the fund shall may be entitled to a credit for all such monies received by, or on behalf of, the employee,

including, but not limited to, monies paid to the employee by any other party

for the employee's lost wages against any future benefits payable directly to the employee. The

fund shall be entitled to full reimbursement from the uninsured employer for any and all

payments made by the fund to the employee, as well as all costs, counsel, and witness fees paid out

by the fund in connection with any claim and/or petition, plus any and all costs and

attorney's fees associated with collection and reimbursement of the fund.

     (f) This section shall apply to injuries that occur on or after September 1, 2019.


 

 

 

 

135)

Section

Add Chapter Numbers:

 

31-25-27.11

31 and 55

 

 

31-25-27.11. Weight restrictions on Limerock Road -- Smithfield and Lincoln.

     (a) The operation of through commercial vehicles on Limerock Road between Douglas

Pike in Smithfield and Jenckes Hill Road in Lincoln is prohibited.

     (b) For purposes of this section, a commercial vehicle is defined as a motor vehicle or

combination of vehicles used to transport passengers or property if the motor vehicle:

     (1) Has a gross combination weight rating of thirty-five thousand one pounds (35,001 lbs.)

or more, or a towed unit with a gross vehicle rating of more than ten thousand pounds (10,000 lbs.)

or more, or has a gross vehicle weight rating of twenty-six thousand one pounds (26,001 lbs.) or more;

or

     (2) Is designed to transport sixteen (16) or more passengers including the driver; or

     (3) Is transporting hazardous materials and is required to be placarded in accordance with

49 C.F.R. Part 172, Subpart F, as it may be revised from time to time.

     (c) Nothing contained in this section shall affect the use of such street or roadway by:

     (1) Any fire truck, town public works department truck, state department of transportation

truck, police vehicle, ambulance, school bus, bus serving the area, or other motor truck using such

streets or highways in any emergency or engaged in delivering goods, wares, merchandising, or

materials to or from any residence, building, or lot within the towns bordering on such streets or

highways; or

     (2) Any farm vehicle as defined in § 31-1-8, which is registered with farm plates pursuant

to § 31-3-31.

     (d) Any driver who operates a commercial vehicle in contravention of this section shall be

subject to a fine of fifty-five dollars ($55.00) for a first violation and one hundred ten dollars ($110)

for each subsequent violation.


 

136)

Section

Amend Chapter Numbers:

 

37-2-7

13 and 18

 

 

37-2-7. Definitions. [Effective February 1, 2020.]

     The words defined in this section have the meanings set forth below whenever they appear

in this chapter, unless the context in which they are used clearly requires a different meaning or a

different definition is prescribed for a particular section, group of sections, or provision:

     (1) "Business" means any corporation, partnership, individual, sole proprietorship, joint

stock company, joint venture, or any other legal entity through which business is conducted.

     (2) "Change order" means a written authorization signed by the purchasing agent directing

or allowing the contractor to proceed with changes, alterations, or modifications to the terms,

conditions, or scope of work on a previously awarded contract.

     (3) "Chief purchasing officer" shall mean: (i) For a state agency, the director of the

department of administration, and (ii) For a public agency, the executive director or the chief

operational officer of the agency.

     (4) "Construction" means the process of building, altering, repairing, improving, or

demolishing any public structures or building, or other public improvements of any kind to any

public real property. It does not include the routine maintenance or repair of existing structures,

buildings, or real property performed by salaried employees of the state of Rhode Island in the

usual course of their jobs.

     (5) "Contract" means all types of agreements, including grants and orders, for the purchase

or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a

fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of

job or task orders; leases; letter contracts; purchase orders; and construction management contracts.

It also includes supplemental agreements with respect to any of the foregoing.

"Contract" does not include labor contracts with employees of state agencies.

     (6) "Contract amendment" means any written alteration in the specifications, delivery

point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing

contract, whether accomplished by unilateral action in accordance with a contract provision, or by

mutual action of the parties to the contract. It includes bilateral actions, such as supplemental

agreements, and unilateral actions, such as change orders, administrative changes, notices of

termination, and notices of the exercise of a contract option.

     (7) "Contractor" means any person having a contract with a governmental body.

     (8) "Data" means recorded information, regardless of form or characteristic.

     (9) "Designee" means a duly authorized representative of a person holding a superior

position.

     (10) "Employee" means an individual drawing a salary from a state governmental entity.

     (11) "State governmental entity" means any entity created as a legislative body or a public

or state agency by the general assembly or constitution of this state, except for municipal, regional,

     (12) "May" means permissive.

     (13) "Negotiation" means contracting by either the method set forth in §§ 37-2-19, 37-2-

20, or 37-2-21.

     (14) "Person" means any business, individual, organization, or group of individuals.

     (15) "Procurement" means the purchasing, buying, renting, leasing, or otherwise obtaining

of any supplies, services, or construction. It also includes all functions that pertain to the obtaining

of any supply, service, or construction item, including a description of requirements,

selection and solicitation of sources, preparation, and award of contract, and all phases

of contract administration.

     (16) "Public agency" shall mean the Rhode Island industrial recreational building authority,

the Rhode Island commerce corporation, the Rhode Island industrial facilities corporation, the

Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance

corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit

authority, the Rhode Island student loan authority, the Howard development corporation, the

water resources board corporate, the Rhode Island health and education building

corporation, the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission,

the Narragansett Bay water quality management district commission, the Rhode Island

telecommunications authority, the convention center authority, the Channel 36 foundation, the

Rhode Island lottery commission their successors and assigns, any other body corporate and politic

which has been or will be created or established within this state excepting cities and towns, the

university of Rhode Island board of trustees for all purchases that are

funded by restricted, sponsored, or auxiliary monies, and the council on postsecondary

education for all purchases that are funded by restricted, sponsored, or auxiliary monies.

     (17) "Purchase request" or "purchase requisition" means that document whereby a using

agency requests that a contract be entered into to obtain goods and/or services for a specified need,

and may include, but is not limited to, the technical description of the requested item, delivery

requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation

of suggested sources of supply, and information supplied for the making of any written

determination and finding required by § 37-2-6.

     (18) "Purchasing agency" means any state governmental entity which is authorized by this

chapter, its implementing regulations, or by way of delegation from the chief purchasing officer to

contract on its own behalf rather than through the central contracting authority of the chief

purchasing officer.

     (19) "Purchasing agent" means any person authorized by a governmental entity in

accordance with procedures prescribed by regulations, to enter into and administer contracts and

make written determinations and findings with respect to contracts. The term also includes an

authorized representative acting within the limits of authority. "Purchasing agent" also means the

person appointed in accordance with § 37-2-1.

     (20) "Services" means the rendering, by a contractor, of its time and effort rather than the

furnishing of a specific end product, other than reports that are merely incidental to the required

performance of services. "Services" does not include labor contracts with employees of state

agencies.

     (21) "Shall" means imperative.

     (22) "State" means the state of Rhode Island and any of its departments or agencies and

public agencies.

     (23) "Supplemental agreement" means any contract modification which is accomplished

by the mutual action of the parties.

     (24) "Supplies" means all property, including, but not limited to, leases of real property,

printing, and insurance, except land or permanent interest in land.

     (25) "Using agency" means any state governmental entity which utilizes any supplies,

services, or construction purchased under this chapter.

     (26) As used in § 37-2-59, "architect" or "engineer" services means those professional

services within the scope of practice of architecture, professional engineering, or registered land

surveying pertaining to construction, as defined by the laws of this state. "Consultant" means any

person with whom the state and/or a public agency has a contract which contract provides for the

person to give direction or information as regards a particular area of knowledge in which the

person is a specialist and/or has expertise.

     (27) For purposes of §§ 37-2-62 -- 37-2-70, "directors" means those members of a public

agency appointed pursuant to a statute who comprise the governing authority of the board,

commission, authority, and/or corporation.

     (28) "State agency" means any department, commission, council, board, bureau,

committee, institution, or other governmental entity of the executive or judicial branch of this state

not otherwise established as a body corporate and politic, and includes, without limitation,

the council on postsecondary education except for purchases which are funded by restricted,

sponsored, or auxiliary moneys, the university of Rhode Island board of trustees except for all

purchases which are funded by restricted, sponsored, or auxiliary monies, and the council on

elementary and secondary education.

     (29) "Governmental entity" means any department, commission, council, board, bureau,

committee, institution, legislative body, agency, or government corporation of the executive,

legislative, or judicial branches of state, federal, and/or local governments.

     (30) "Construction management at-risk" or "construction management at-risk services" or

"construction management at-risk delivery method" is a construction method wherein a

construction manager at-risk provides a range of preconstruction services and construction

management services which may include cost estimation and consultation regarding the design of

the building project, the preparation and coordination of bid packages, scheduling, cost control,

and value engineering, acting as the general contractor during the construction, detailing the

trade contractor scope of work, holding the trade contracts and other contracts, evaluating trade

contractors and subcontractors, and providing management and construction services, all at a

guaranteed maximum price, which shall represent the maximum amount to be paid by the using

agency for the building project, including the cost of work, the general conditions, and the fee

payable to the construction management at-risk firm.

     (31) "Construction manager at-risk" or "construction management at-risk firm" is a person

or business experienced in construction that has the ability to evaluate and to implement drawings

and specifications as they affect time, cost and quality of construction and the ability to coordinate

and deliver the construction of the project within a guaranteed maximum price, which

shall represent the maximum amount to be paid by the using agency for the building project,

including the cost of the work, the general conditions, and the fee payable to the construction

management at-risk firm. The construction manager at-risk provides consultation services during

the preconstruction and construction phases of the project. The project engineer, architect, or

owner's program manager may not serve as the construction manager at-risk.

     (32) "Owner's program manager" shall be an entity engaged to provide project management

services on behalf of a state agency for the construction and supervision of the construction of a

building project. The owner's program manager acts as the owner's agent in all aspects of the

construction project, including, but not limited to, architectural programming, planning, design,

construction, and the selection and procurement of an appropriate construction delivery method.

The owner's program manager shall have at least seven (7) years experience in the construction

and supervision of construction of buildings of similar size and complexity. The owner's program

manager shall not have been employed during the preceding year by the design firm, the

construction firm, and/or the subcontractors associated with the project.


 

 

 

137)

Section

Amend Chapter Numbers:

 

42-61.2-1

67 and 73

 

 

42-61.2-1. Definitions.

     For the purpose of this chapter, the following words shall mean:

     (1) "Casino gaming" means any and all table and casino-style games played with cards,

dice, or equipment, for money, credit, or any representative of value; including, but not limited to,

roulette, blackjack, big six, craps, poker, baccarat, paigow, any banking or percentage game, or any

other game of device included within the definition of Class III gaming as that term is defined in

Section 2703(8) of Title 25 of the United States Code and that is approved by the state through the

division of state lottery.

     (2) "Central communication system" means a system approved by the lottery division,

linking all video-lottery machines at a licensee location to provide auditing program information

and any other information determined by the lottery. In addition, the central communications

system must provide all computer hardware and related software necessary for the establishment

and implementation of a comprehensive system as required by the division. The central

communications licensee may provide a maximum of fifty percent (50%) of the video-lottery

terminals.

     (3) "Collegiate sports or athletic event" shall not include a collegiate sports contest or

collegiate athletic event that takes place in Rhode Island or a sports contest or athletic event in

which any Rhode Island college team participates regardless of where the event takes place.

     (4) "Credit facilitator" means any employee of a licensed video-lottery retailer approved in

writing by the division whose responsibility is to, among other things, review applications for credit

by players, verify information on credit applications, grant, deny, and suspend credit,

establish credit limits, increase and decrease credit limits, and maintain credit files, all in

accordance with this chapter and rules and regulations approved by the division.

     (5) "DBR" means the department of business regulation, division of gaming and athletics

licensing, and/or any successor in interest thereto.

     (6) "Director" means the director of the division.

     (7) "Division," "division of lottery," "division of lotteries," or "lottery division" means the

division of lotteries within the department of revenue and/or any successor in interest thereto.

     (8) "Hosting facility" refers to Twin River and the Tiverton gaming facility.

     (9) "Licensed video-lottery retailer" means a pari-mutuel licensee specifically licensed by

the director subject to the approval of the division to become a licensed video-lottery retailer.

     (10) "Net table-game revenue" means win from table games minus counterfeit currency.

     (11) "Net terminal income" means currency placed into a video-lottery terminal less credits

redeemed for cash by players.

     (12) "Newport Grand" means Newport Grand, LLC, a Rhode Island limited-liability

company, successor to Newport Grand Jai Alai, LLC, and each permitted successor to and assignee

of Newport Grand, LLC under the Newport Grand Master Contract, including, but not limited to,

Premier Entertainment II, LLC and/or Twin River-Tiverton, LLC, provided it is a pari-mutuel

licensee as defined in § 42-61.2-1 et seq.; provided, further, however, where the context indicates

that the term is referring to the physical facility, then it shall mean the gaming and entertainment

facility located at 150 Admiral Kalbfus Road, Newport, Rhode Island.

     (13) "Newport Grand Marketing Year" means each fiscal year of the state or a portion

thereof between November 23, 2010, and the termination date of the Newport Grand Master

Contract.

     (14) "Newport Grand Master Contract" means that certain master video-lottery terminal

contract made as of November 23, 2005, by and between the division of lotteries of the Rhode

Island department of administration and Newport Grand, as amended and extended from time to

time as authorized therein and/or as such Newport Grand Master Contract may be assigned as

permitted therein.

     (15) "Online gaming account" means an account established at a hosting facility and

opened by a patron in person on the premises of a hosting facility that a such patron shall use for

the deposit and withdrawal of funds used for online sports wagering.

     (16) "Online sports wagering" means engaging in the act of sports wagering by the placing

of wagers on sporting events or a combination of sporting events, or on the individual performance

statistics of athletes in a sporting event or a combination of sporting events,

over the internet through computers, mobile applications on mobile devices, or other interactive

devices approved by the division, which wagers are accepted by a server-based gaming system

located at the premises of a hosting facility authorized to accept sports wagers and administer

payoffs of winning sports wagers; all such wagers shall be deemed to be placed and accepted

at the premises of a hosting facility.

     (17) "Online sports-wagering revenue" means:

     (i) The total of cash or cash equivalents received from online sports wagering minus the

total of:

     (I) Cash or cash equivalents paid to players as a result of online sports wagering;

     (II) Marketing expenses related to online sports wagering as agreed to by the division, the

sports-wagering vendor, and the host facilities, as approved by the division of the lottery; and

     (III) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (I) Counterfeit cash.

     (II) Coins or currency of other countries received as a result of online sports wagering,

except to the extent that the coins or currency are readily convertible to cash.

     (III) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-wagering

vendor for which the hosting facility or sports-wagering vendor is not reimbursed.

     (IV) Free play provided by the hosting facility or sports-wagering vendor as authorized by

the division of lottery to a player and subsequently "won back" by the hosting facility or sports-

wagering vendor, for which the hosting facility or sports-wagering vendor can demonstrate that it

or its affiliate has not been reimbursed in cash.

     (18) "Pari-mutuel licensee" means:

     (i) An entity licensed pursuant to § 41-3.1-3; and/or

     (ii) An entity licensed pursuant to § 41-7-3.

     (19) "Payoff," when used in connection with sports wagering, means cash or cash

equivalents paid to a player as a result of the player's winning a sports wager. A "payoff" is a type

of "prize," as the term "prize" is used in chapters 61, 61.2, and 61.3 of this title.

     (20) "Premier" means Premier Entertainment II, LLC and/or its successor in interest by

reason of the acquisition of the stock, membership interests, or substantially all of the assets of such

entity.

     (21) "Rake" means a set fee or percentage of cash and chips representing cash wagered in

the playing of a nonbanking table game assessed by a table games retailer for providing the services

of a dealer, gaming table, or location, to allow the play of any nonbanking table game.

     (22) "Server-based gaming system" means all hardware, software, and communications

devices that comprise a system utilized for the purpose of offering an electronic platform used in

connection with the process of placing and accepting sports wagers.

     (23) "Sporting event" means any professional sport or athletic event, any Olympic or

international sports competition event, and any collegiate sport or athletic event, or any portion

thereof, including, but not limited to, the individual performance statistics of athletes in a sports

event or combination of sports events, except "sports event" shall not include a prohibited sports

event.

     (24) "Sports wagering" means the business of accepting wagers on sporting events or a

combination of sporting events, or on the individual performance statistics of athletes in a sporting

event or combination of sporting events, by any system or method of wagering.

The term includes, but is not limited to, exchange wagering, parlays, over-under, moneyline, pools,

and straight bets, and the term includes the placement of such bets and wagers. However, the term

does not include, without limitation, the following:

     (i) Lotteries, including video-lottery games and other types of casino gaming operated by

the state, through the division, on the date this act is enacted [June 22, 2018].

     (ii) Pari-mutuel betting on the outcome of thoroughbred or harness horse racing, or

greyhound dog racing, including but not limited to, pari-mutuel wagering on a race that is

"simulcast" (as defined in § 41-11-1), as regulated elsewhere pursuant to the general laws, including

in chapters 3, 3.1, 4, and 11 of title 41.

     (iii) Off-track betting on racing events, as regulated elsewhere pursuant to the general laws,

including in chapter 10 of title 41.

     (iv) Wagering on the respective scores or points of the game of jai alai or pelota and the

sale of pari-mutuel pools related to such games, as regulated elsewhere pursuant to the general

laws, including in chapter 7 of title 41.

     (v) Lotteries, charitable gaming, games of chance, bingo games, raffles, and pull-tab lottery

tickets, to the extent permitted and regulated pursuant to chapter 19 of title 11.

     (25) "Sports-wagering device" means any mechanical, electrical, or computerized

contrivance, terminal, machine, or other device, apparatus, equipment, or supplies approved by the

division and used to conduct sports wagering.

     (26) "Sports-wagering revenue" means:

     (i) The total of cash or cash equivalents received from sports wagering minus the total of:

     (I) Cash or cash equivalents paid to players as a result of sports wagering;

     (II) The annual flat fee to the host communities as defined by § 42-61.2-5(c);

     (III) Marketing expenses related to sports wagering as agreed to by the division, the sports-

wagering vendor, and the host facilities, as approved by the division of the lottery; and

     (IV) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (I) Counterfeit cash.

     (II) Coins or currency of other countries received as a result of sports wagering, except to

the extent that the coins or currency are readily convertible to cash.

     (III) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-wagering

vendor for which the hosting facility or sports-wagering vendor is not reimbursed.

     (IV) Free play provided by the hosting facility or sports-wagering vendor as authorized by

the division of lottery to a patron and subsequently "won back" by the hosting facility or sports-

wagering vendor, for which the hosting facility or sports-wagering vendor can demonstrate that it

or its affiliate has not been reimbursed in cash.

     (27) "Sports-wagering vendor" means any entity authorized by the division of lottery to

operate sports betting on the division's behalf in accordance with this chapter.

     (28) "Table game" or "Table gaming" means that type of casino gaming in which table

games are played for cash or chips representing cash, or any other representation of value that has

been approved by the division of lotteries, using cards, dice, or equipment and conducted by one

or more live persons.

     (29) "Table-game retailer" means a retailer authorized to conduct table gaming pursuant to

§ 42-61.2-2.1 or § 42-61.2-2.3.

     (30) "Technology provider" means any individual, partnership, corporation, or association

that designs, manufactures, installs, maintains, distributes, or supplies video-lottery machines or

associated equipment for the sale or use in this state.

     (31) "Tiverton gaming facility" (sometimes referred to as "Twin River-Tiverton") means

the gaming and entertainment facility located in the town of Tiverton at the intersection of William

S. Canning Boulevard and Stafford Road.

     (32) "Twin River" (sometimes referred to as "UTGR") means UTGR, Inc., a Delaware

corporation, and each permitted successor to and assignee of UTGR, Inc.; provided further,

however, where the context indicates that the term is referring to a physical facility, then "Twin

River" or "Twin River gaming facility" shall mean the gaming and entertainment facility located

at100 Twin River Road in Lincoln, Rhode Island.

     (33) "Twin River-Tiverton" means Twin River-Tiverton, LLC and/or its successor in

interest by reason of the acquisition of the stock, membership interests, or substantially all of the

assets of such entity.

     (34) "Video-lottery games" means lottery games played on video-lottery terminals

controlled by the lottery division.

     (35) "Video-lottery terminal" means any electronic computerized video game machine that,

upon the insertion of cash or any other representation of value that has been approved by the

division of lotteries, is available to play a video game authorized by the lottery division, and that

uses a video display and microprocessors in which, by chance, the player may receive free games

or credits that can be redeemed for cash. The term does not include a machine that directly dispenses

coins, cash, or tokens.


 

 

 

138)

Section

Amend Chapter Numbers:

 

42-61.2-16

67 and 73

 

 

42-61.2-16. General requirements for online sports wagering.

     (a) Online sports wagering shall only occur within the state of Rhode Island. A hosting

facility shall only accept online wagers from players who have been affirmatively located as being

physically present in the state of Rhode Island at the time of their wager.

     (b) The server-based gaming system shall employ a mechanism to detect the physical

location of a player when the player logs onto the system at the time the player is wagering and as

frequently as specified in any regulations promulgated by the state, through the division Division

division. If the system detects that the physical location of the patron at the time the player is

wagering is in an area outside the state of Rhode Island, the system shall not accept that patron's

wagers until such time as the patron is in the state of Rhode Island.

     (c) The server-based gaming system and all hardware, software, and other technology or

equipment located on a hosting facility's premises and used to conduct online sports wagering shall

be located in a restricted area on the hosting facility's premises.

     (d) Online sports wagering shall only be engaged in by patrons who have established an

online gaming account in person on the premises of a hosting facility pursuant to the rules and

regulations promulgated by the Division division.


 

 

 

139)

Section

Amend Chapter Numbers:

 

44-3-3

28 and 35, and 75 and78

 

 

44-3-3. Property exempt.

     (a) The following property is exempt from taxation:

     (1) Property belonging to the state, except as provided in § 44-4-4.1;

     (2) Lands ceded or belonging to the United States;

     (3) Bonds and other securities issued and exempted from taxation by the government of

the United States or of this state;

     (4) Real estate, used exclusively for military purposes, owned by chartered or

incorporated organizations approved by the adjutant general and composed of members of the

national guard, the naval militia, or the independent, chartered-military organizations;

     (5) Buildings for free public schools, buildings for religious worship, and the land upon

which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so

far as the buildings and land are occupied and used exclusively for religious or educational

purposes;

     (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

the minimum lot size for zone in which the dwelling house is located, whichever is the greater,

owned by, or held in trust for, any religious organization and actually used by its officiating

clergy; provided, further, that in the town of Charlestown, where the property previously

described in this paragraph is exempt in total, along with dwelling houses and the land on which

they stand in Charlestown, not exceeding one acre in size, or the minimum lot size for zone in

which the dwelling house is located, whichever is the greater, owned by, or held in trust for, any

religious organization and actually used by its officiating clergy, or used as a convent, nunnery, or

retreat center by its religious order;

     (7) Intangible personal property owned by, or held in trust for, any religious or charitable

organization, if the principal or income is used or appropriated for religious or charitable

purposes;

     (8) Buildings and personal estate owned by any corporation used for a school, academy,

or seminary of learning, and of any incorporated public charitable institution, and the land upon

which the buildings stand and immediately surrounding them to an extent not exceeding one acre,

so far as they are used exclusively for educational purposes, but no property or estate whatever is

hereafter exempt from taxation in any case where any part of its income or profits, or of the

business carried on there, is divided among its owners or stockholders; provided, however, that

unless any private nonprofit corporation organized as a college or university located in the town

of Smithfield reaches a memorandum of agreement with the town of Smithfield, the town of

Smithfield shall bill the actual costs for police, fire, and rescue services supplied, unless

otherwise reimbursed, to said corporation commencing March 1, 2014;

     (9) Estates, persons, and families of the president and professors for the time being of

Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer's

estate, person, and family included, but only to the extent that any person had claimed and

utilized the exemption prior to, and for a period ending, either on or after December 31, 1996;

     (10) Property especially exempt by charter unless the exemption has been waived in

whole or in part;

     (11) Lots of land exclusively for burial grounds;

     (12) Property, real and personal, held for, or by, an incorporated library, society, or any

free public library, or any free public library society, so far as the property is held exclusively for

library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor

generally, or for a nonprofit hospital for the sick or disabled;

     (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated

organizations of veterans of any war in which the United States has been engaged, the parent

body of which has been incorporated by act of Congress, to the extent of four hundred thousand

dollars ($400,000) if actually used and occupied by the association; provided, that the city council

of the city of Cranston may by ordinance exempt the real or personal estate as previously

described in this subdivision located within the city of Cranston to the extent of five hundred

thousand dollars ($500,000);

     (14) Property, real and personal, held for, or by, the fraternal corporation, association, or

body created to build and maintain a building or buildings for its meetings or the meetings of the

general assembly of its members, or subordinate bodies of the fraternity, and for the

accommodation of other fraternal bodies or associations, the entire net income of which real and

personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or

asylums, a home or homes, a school or schools, for the free education or relief of the members of

the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity,

their wives, widows, or orphans, and any fund given or held for the purpose of public education,

almshouses, and the land and buildings used in connection therewith;

     (15) Real estate and personal property of any incorporated volunteer fire engine company

or incorporated volunteer ambulance or rescue corps in active service;

     (16) The estate of any person who, in the judgment of the assessors, is unable from

infirmity or poverty to pay the tax; provided, that in the towns of Burrillville and West

Greenwich, the tax shall constitute a lien for five (5) years on the property where the owner is

entitled to the exemption. At the expiration of five (5) years, the lien shall be abated in full.

Provided, if the property is sold or conveyed, or if debt secured by the property is refinanced

during the five-year (5) period, the lien immediately becomes due and payable; any person

claiming the exemption aggrieved by an adverse decision of an assessor shall appeal the decision

to the local board of tax review and thereafter according to the provisions of § 44-5-26;

     (17) Household furniture and family stores of a housekeeper in the whole, including

clothing, bedding, and other white goods, books, and all other tangible personal property items

that are common to the normal household;

     (18) Improvements made to any real property to provide a shelter and fallout protection

from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided,

that the improvements meet applicable standards for shelter construction established, from time to

time, by the Rhode Island emergency management agency. The improvements are deemed to

comply with the provisions of any building code or ordinance with respect to the materials or the

methods of construction used and any shelter or its establishment is deemed to comply with the

provisions of any zoning code or ordinance;

     (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;

     (20) Manufacturer's inventory.

     (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to

be a manufacturer within a city or town within this state if that person uses any premises, room,

or place in it primarily for the purpose of transforming raw materials into a finished product for

trade through any or all of the following operations: adapting, altering, finishing, making, and

ornamenting; provided, that public utilities; non-regulated power producers commencing

commercial operation by selling electricity at retail or taking title to generating facilities on or

after July 1, 1997; building and construction contractors; warehousing operations, including

distribution bases or outlets of out-of-state manufacturers; and fabricating processes incidental to

warehousing or distribution of raw materials, such as alteration of stock for the convenience of a

customer; are excluded from this definition;

     (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term "manufacturer's

inventory," or any similar term, means and includes the manufacturer's raw materials, the

manufacturer's work in process, and finished products manufactured by the manufacturer in this

state, and not sold, leased, or traded by the manufacturer or its title or right to possession

divested; provided, that the term does not include any finished products held by the manufacturer

in any retail store or other similar selling place operated by the manufacturer whether or not the

retail establishment is located in the same building in which the manufacturer operates the

manufacturing plant;

     (iii) For the purpose of § 44-11-2, a "manufacturer" is a person whose principal business

in this state consists of transforming raw materials into a finished product for trade through any or

all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be

principally engaged if the gross receipts that person derived from the manufacturing operations in

this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than

fifty percent (50%) of the total gross receipts that person derived from all the business activities

in which that person engaged in this state during the taxable year. For the purpose of computing

the percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished

products manufactured by the manufacturer in this state, even though the manufacturer's store or

other selling place may be at a different location from the location of the manufacturer's

manufacturing plant in this state, are deemed to have been derived from manufacturing;

     (iv) Within the meaning of the preceding paragraphs of this subdivision, the term

"manufacturer" also includes persons who are principally engaged in any of the general activities

coded and listed as establishments engaged in manufacturing in the Standard Industrial

Classification Manual prepared by the Technical Committee on Industrial Classification, Office

of Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as

revised from time to time, but eliminating as manufacturers those persons, who, because of their

limited type of manufacturing activities, are classified in the manual as falling within the trade

rather than an industrial classification of manufacturers. Among those thus eliminated, and

accordingly also excluded as manufacturers within the meaning of this paragraph, are persons

primarily engaged in selling, to the general public, products produced on the premises from which

they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and

custom tailors, except, that a person who manufactures bakery products for sale primarily for

home delivery, or through one or more non-baking retail outlets, and whether or not retail outlets

are operated by the person, is a manufacturer within the meaning of this paragraph;

     (v) The term "Person" means and includes, as appropriate, a person, partnership, or

corporation; and

     (vi) The department of revenue shall provide to the local assessors any assistance that is

necessary in determining the proper application of the definitions in this subdivision;

     (21) Real and tangible personal property acquired to provide a treatment facility used

primarily to control the pollution or contamination of the waters or the air of the state, as defined

in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been

constructed, reconstructed, erected, installed, or acquired in furtherance of federal or state

requirements or standards for the control of water or air pollution or contamination, and certified

as approved in an order entered by the director of environmental management. The property is

exempt as long as it is operated properly in compliance with the order of approval of the director

of environmental management; provided, that any grant of the exemption by the director of

environmental management in excess of ten (10) years is approved by the city or town in which

the property is situated. This provision applies only to water and air pollution control properties

and facilities installed for the treatment of waste waters and air contaminants resulting from

industrial processing; furthermore, it applies only to water or air pollution control properties and

facilities placed in operation for the first time after April 13, 1970;

     (22) New manufacturing machinery and equipment acquired or used by a manufacturer

and purchased after December 31, 1974. Manufacturing machinery and equipment is defined as:

     (i) Machinery and equipment used exclusively in the actual manufacture or conversion of

raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and

development or for quality assurance of its manufactured products;

     (ii) Machinery and equipment that is partially used in the actual manufacture or

conversion of raw materials or goods in process of manufacture by a manufacturer, as defined in

subdivision (20), and machinery, fixtures, and equipment used by a manufacturer for research and

development or for quality assurance of its manufactured products, to the extent to which the

machinery and equipment is used for the manufacturing processes, research and development, or

quality assurance. In the instances where machinery and equipment is used in both manufacturing

and/or research and development and/or quality assurance activities and non-manufacturing

activities, the assessment on machinery and equipment is prorated by applying the percentage of

usage of the equipment for the manufacturing, research and development, and quality-assurance

activity to the value of the machinery and equipment for purposes of taxation, and the portion of

the value used for manufacturing, research and development, and quality assurance is exempt

from taxation. The burden of demonstrating this percentage usage of machinery and equipment

for manufacturing and for research and development and/or quality assurance of its manufactured

products rests with the manufacturer; and

     (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was

purchased after July 1, 1997; provided that the city or town council of the city or town in which

the machinery and equipment is located adopts an ordinance exempting the machinery and

equipment from taxation. For purposes of this subsection, city councils and town councils of any

municipality may, by ordinance, wholly or partially exempt from taxation the machinery and

equipment discussed in this subsection for the period of time established in the ordinance and

may, by ordinance, establish the procedures for taxpayers to avail themselves of the benefit of

any exemption permitted under this section; provided, that the ordinance does not apply to any

machinery or equipment of a business, subsidiary, or any affiliated business that locates or

relocates from a city or town in this state to another city or town in the state;

     (23) Precious metal bullion, meaning any elementary metal that has been put through a

process of melting or refining, and that is in a state or condition that its value depends upon its

content and not its form. The term does not include fabricated precious metal that has been

processed or manufactured for some one or more specific and customary industrial, professional,

or artistic uses;

     (24) Hydroelectric power-generation equipment, which includes, but is not limited to,

turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,

protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The

hydroelectric power-generation equipment must have been purchased after July 1, 1979, and

acquired or used by a person or corporation who or that owns or leases a dam and utilizes the

equipment to generate hydroelectric power;

     (25) Subject to authorization by formal action of the council of any city or town, any real

or personal property owned by, held in trust for, or leased to an organization incorporated under

chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable trust" set

out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of

another state or the District of Columbia, the purpose of which is the conserving of open space, as

that term is defined in chapter 36 of title 45, as amended, provided the property is used

exclusively for the purposes of the organization;

     (26) Tangible personal property, the primary function of which is the recycling, reuse, or

recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,

or the treatment of "hazardous wastes," as defined in § 23-19.1-4, where the "hazardous wastes"

are generated primarily by the same taxpayer and where the personal property is located at, in, or

adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order

from the director of the department of environmental management certifying that the tangible

personal property has this function, which order effects a conclusive presumption that the tangible

personal property qualifies for the exemption under this subdivision. If any information relating

to secret processes or methods of manufacture, production, or treatment is disclosed to the

department of environmental management only to procure an order, and is a "trade secret" as

defined in § 28-21-10(b), it shall not be open to public inspection or publicly disclosed unless

disclosure is otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;

     (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4

has been paid;

     (28) Real and personal property of the Providence Performing Arts Center, a non-

business corporation as of December 31, 1986;

     (29) Tangible personal property owned by, and used exclusively for the purposes of, any

religious organization located in the city of Cranston;

     (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit

corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the

Providence YMCA Building;

     (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-

for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the

properties designated as the Meeting Street National Center of Excellence on Eddy Street in

Providence, Rhode Island;

     (32) The buildings, personal property, and land upon which the buildings stand, located

on Pomham Island, East Providence, currently identified as Assessor's Map 211, Block 01, Parcel

001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet

and is located approximately eight hundred sixty feet (860'), more or less, from the shore, and

limited exclusively to these said buildings, personal estate and land, provided that said property is

owned by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is

used exclusively for a lighthouse;

     (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,

Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by

the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;

     (34) Real and tangible personal property of St. Mary Academy -- Bay View, located in

East Providence, Rhode Island;

     (35) Real and personal property of East Bay Community Action Program and its

predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt

corporation under § 501(c)(3) of the United States Internal Revenue Code;

     (36) Real and personal property located within the city of East Providence of the

Columbus Club of East Providence, a Rhode Island charitable nonprofit corporation;

     (37) Real and personal property located within the city of East Providence of the

Columbus Club of Barrington, a Rhode Island charitable nonprofit corporation;

     (38) Real and personal property located within the city of East Providence of Lodge 2337

BPO Elks, a Rhode Island nonprofit corporation;

     (39) Real and personal property located within the city of East Providence of the St.

Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;

     (40) Real and personal property located within the city of East Providence of the Trustees

of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island

nonprofit corporation;

     (41) Real and personal property located on the first floor of 90 Leonard Avenue within

the city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;

     (42) Real and personal property located within the city of East Providence of the Cape

Verdean Museum Exhibit, a Rhode Island nonprofit corporation;

     (43) The real and personal property owned by a qualified 501(c)(3) organization that is

affiliated and in good standing with a national, congressionally chartered organization and

thereby adheres to that organization's standards and provides activities designed for recreational,

educational, and character building purposes for children from ages six (6) years to seventeen

(17) years;

     (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music

School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)

of the United States Internal Revenue Code;

     (45) The real and personal property located within the town of West Warwick at 211

Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven

hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East

Greenwich, a Rhode Island nonprofit corporation;

     (46) Real and personal property of the Comprehensive Community Action Program, a

qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;

     (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of

the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;

     (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems

and associated equipment used therewith in service after December 31, 2015;

     (49) Renewable energy resources, as defined in § 39-26-5, if employed by a

manufacturer, as defined in subsection (a) of this section, shall be exempt from taxation in

accordance with subsection (a) of this section;

     (50) Real and personal property located at 415 Tower Hill Road within the town of North

Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (51) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Charlestown's community limits, subject to authorization by

formal action of the town council of the town of Charlestown;

     (52) All real and personal property located at 1300 Frenchtown Road, within the town of

East Greenwich, identified as assessor's map 027, plat 019, lot 071, and known as the New

England Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3)

of the United States Internal Revenue Code;

     (53) Real and tangible personal property of Mount Saint Charles Academy located within

the city of Woonsocket, specifically identified as the following assessor's plats and lots: Logee

Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;

Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;

     (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit

corporation, located in Providence, Rhode Island;

     (55) Real and personal property located within the town of West Warwick of Tides

Family Services, Inc., a Rhode Island nonprofit corporation;

     (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit

corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;

     (57) Real and personal property located within the town of Middletown of Lucy's Hearth,

a Rhode Island nonprofit corporation;

     (58) Real and tangible personal property of Habitat for Humanity of Rhode Island--

Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode

Island;

     (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit

corporation, located in the town of West Warwick at 1249 Main Street;

     (60) Real and personal property located at 321 Main Street, within the town of South

Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §

501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city

council of Pawtucket may from time to time determine;

     (62) Real and personal property of North Kingstown, Exeter Animal Protection League,

Inc., dba "Pet Refuge," 500 Stony Lane, a Rhode Island nonprofit corporation, located in North

Kingstown, Rhode Island;

     (63) Real and personal property located within the city of East Providence of Foster

Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable

nonprofit corporation;

     (64) Real and personal property located at 54 Kelly Avenue within the town of East

Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island

nonprofit corporation; and

     (65) Real and tangible personal property of Providence Country Day School, a Rhode

Island nonprofit corporation, located in East Providence, Rhode Island and further identified as

plat 406, block 6, lot 6, and plat 506, block 1, lot 8.; and

     (66) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Bristol's community limits, subject to authorization by formal

action of the town council of the town of Bristol.

     (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the

value of its real property shall be the value determined by the most recent full revaluation or

statistical property update performed by the city or town; provided, however, in the year a

nonprofit hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-

profit hospital facility is initially established, the value of the real property and personal property

of the for-profit hospital facility shall be determined by a valuation performed by the assessor for

the purpose of determining an initial assessed value of real and personal property, not previously

taxed by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to

a right of appeal by the for-profit hospital facility which shall be made to the city or town tax

assessor with a direct appeal from an adverse decision to the Rhode Island superior court business

calendar.

     A "for-profit hospital facility" includes all real and personal property affiliated with any

hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.

Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-

profit hospital facility under § 44-3-9 or other laws specific to the particular city or town relating

to stabilization agreements. In a year in which a nonprofit hospital facility converts to, or

otherwise becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise

established, in that year only the amount levied by the city or town and/or the amount payable

under the stabilization agreement for that year related to the for-profit hospital facility shall not be

counted towards determining the maximum tax levy permitted under § 44-5-2.

 

    (66) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city

of East Providence.


 

 

 

139)

Section

Amend Chapter Numbers:

 

44-3-3

28 and 35, 75 and 78

 

 

44-3-3. Property exempt.

     (a) The following property is exempt from taxation:

     (1) Property belonging to the state, except as provided in § 44-4-4.1;

     (2) Lands ceded or belonging to the United States;

     (3) Bonds and other securities issued and exempted from taxation by the government of

the United States or of this state;

     (4) Real estate, used exclusively for military purposes, owned by chartered or

incorporated organizations approved by the adjutant general and composed of members of the

national guard, the naval militia, or the independent, chartered-military organizations;

     (5) Buildings for free public schools, buildings for religious worship, and the land upon

which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so

far as the buildings and land are occupied and used exclusively for religious or educational

purposes;

     (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

the minimum lot size for zone in which the dwelling house is located, whichever is the greater,

owned by, or held in trust for, any religious organization and actually used by its officiating

clergy; provided, further, that in the town of Charlestown, where the property previously

described in this paragraph is exempt in total, along with dwelling houses and the land on which

they stand in Charlestown, not exceeding one acre in size, or the minimum lot size for zone in

which the dwelling house is located, whichever is the greater, owned by, or held in trust for, any

religious organization and actually used by its officiating clergy, or used as a convent, nunnery, or

retreat center by its religious order;

     (7) Intangible personal property owned by, or held in trust for, any religious or charitable

organization, if the principal or income is used or appropriated for religious or charitable

purposes;

     (8) Buildings and personal estate owned by any corporation used for a school, academy,

or seminary of learning, and of any incorporated public charitable institution, and the land upon

which the buildings stand and immediately surrounding them to an extent not exceeding one acre,

so far as they are used exclusively for educational purposes, but no property or estate whatever is

hereafter exempt from taxation in any case where any part of its income or profits, or of the

business carried on there, is divided among its owners or stockholders; provided, however, that

unless any private nonprofit corporation organized as a college or university located in the town

of Smithfield reaches a memorandum of agreement with the town of Smithfield, the town of

Smithfield shall bill the actual costs for police, fire, and rescue services supplied, unless

otherwise reimbursed, to said corporation commencing March 1, 2014;

     (9) Estates, persons, and families of the president and professors for the time being of

Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer's

estate, person, and family included, but only to the extent that any person had claimed and

utilized the exemption prior to, and for a period ending, either on or after December 31, 1996;

     (10) Property especially exempt by charter unless the exemption has been waived in

whole or in part;

     (11) Lots of land exclusively for burial grounds;

     (12) Property, real and personal, held for, or by, an incorporated library, society, or any

free public library, or any free public library society, so far as the property is held exclusively for

library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor

generally, or for a nonprofit hospital for the sick or disabled;

     (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated

organizations of veterans of any war in which the United States has been engaged, the parent

body of which has been incorporated by act of Congress, to the extent of four hundred thousand

dollars ($400,000) if actually used and occupied by the association; provided, that the city council

of the city of Cranston may by ordinance exempt the real or personal estate as previously

described in this subdivision located within the city of Cranston to the extent of five hundred

thousand dollars ($500,000);

     (14) Property, real and personal, held for, or by, the fraternal corporation, association, or

body created to build and maintain a building or buildings for its meetings or the meetings of the

general assembly of its members, or subordinate bodies of the fraternity, and for the

accommodation of other fraternal bodies or associations, the entire net income of which real and

personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or

asylums, a home or homes, a school or schools, for the free education or relief of the members of

the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity,

their wives, widows, or orphans, and any fund given or held for the purpose of public education,

almshouses, and the land and buildings used in connection therewith;

     (15) Real estate and personal property of any incorporated volunteer fire engine company

or incorporated volunteer ambulance or rescue corps in active service;

     (16) The estate of any person who, in the judgment of the assessors, is unable from

infirmity or poverty to pay the tax; provided, that in the towns of Burrillville and West

Greenwich, the tax shall constitute a lien for five (5) years on the property where the owner is

entitled to the exemption. At the expiration of five (5) years, the lien shall be abated in full.

Provided, if the property is sold or conveyed, or if debt secured by the property is refinanced

during the five-year (5) period, the lien immediately becomes due and payable; any person

claiming the exemption aggrieved by an adverse decision of an assessor shall appeal the decision

to the local board of tax review and thereafter according to the provisions of § 44-5-26;

     (17) Household furniture and family stores of a housekeeper in the whole, including

clothing, bedding, and other white goods, books, and all other tangible personal property items

that are common to the normal household;

     (18) Improvements made to any real property to provide a shelter and fallout protection

from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided,

that the improvements meet applicable standards for shelter construction established, from time to

time, by the Rhode Island emergency management agency. The improvements are deemed to

comply with the provisions of any building code or ordinance with respect to the materials or the

methods of construction used and any shelter or its establishment is deemed to comply with the

provisions of any zoning code or ordinance;

     (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;

     (20) Manufacturer's inventory.

     (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to

be a manufacturer within a city or town within this state if that person uses any premises, room,

or place in it primarily for the purpose of transforming raw materials into a finished product for

trade through any or all of the following operations: adapting, altering, finishing, making, and

ornamenting; provided, that public utilities; non-regulated power producers commencing

commercial operation by selling electricity at retail or taking title to generating facilities on or

after July 1, 1997; building and construction contractors; warehousing operations, including

distribution bases or outlets of out-of-state manufacturers; and fabricating processes incidental to

warehousing or distribution of raw materials, such as alteration of stock for the convenience of a

customer; are excluded from this definition;

     (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term "manufacturer's

inventory," or any similar term, means and includes the manufacturer's raw materials, the

manufacturer's work in process, and finished products manufactured by the manufacturer in this

state, and not sold, leased, or traded by the manufacturer or its title or right to possession

divested; provided, that the term does not include any finished products held by the manufacturer

in any retail store or other similar selling place operated by the manufacturer whether or not the

retail establishment is located in the same building in which the manufacturer operates the

manufacturing plant;

     (iii) For the purpose of § 44-11-2, a "manufacturer" is a person whose principal business

in this state consists of transforming raw materials into a finished product for trade through any or

all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be

principally engaged if the gross receipts that person derived from the manufacturing operations in

this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than

fifty percent (50%) of the total gross receipts that person derived from all the business activities

in which that person engaged in this state during the taxable year. For the purpose of computing

the percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished

products manufactured by the manufacturer in this state, even though the manufacturer's store or

other selling place may be at a different location from the location of the manufacturer's

manufacturing plant in this state, are deemed to have been derived from manufacturing;

     (iv) Within the meaning of the preceding paragraphs of this subdivision, the term

"manufacturer" also includes persons who are principally engaged in any of the general activities

coded and listed as establishments engaged in manufacturing in the Standard Industrial

Classification Manual prepared by the Technical Committee on Industrial Classification, Office

of Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as

revised from time to time, but eliminating as manufacturers those persons, who, because of their

limited type of manufacturing activities, are classified in the manual as falling within the trade

rather than an industrial classification of manufacturers. Among those thus eliminated, and

accordingly also excluded as manufacturers within the meaning of this paragraph, are persons

primarily engaged in selling, to the general public, products produced on the premises from which

they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and

custom tailors, except, that a person who manufactures bakery products for sale primarily for

home delivery, or through one or more non-baking retail outlets, and whether or not retail outlets

are operated by the person, is a manufacturer within the meaning of this paragraph;

     (v) The term "Person" means and includes, as appropriate, a person, partnership, or

corporation; and

     (vi) The department of revenue shall provide to the local assessors any assistance that is

necessary in determining the proper application of the definitions in this subdivision;

     (21) Real and tangible personal property acquired to provide a treatment facility used

primarily to control the pollution or contamination of the waters or the air of the state, as defined

in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been

constructed, reconstructed, erected, installed, or acquired in furtherance of federal or state

requirements or standards for the control of water or air pollution or contamination, and certified

as approved in an order entered by the director of environmental management. The property is

exempt as long as it is operated properly in compliance with the order of approval of the director

of environmental management; provided, that any grant of the exemption by the director of

environmental management in excess of ten (10) years is approved by the city or town in which

the property is situated. This provision applies only to water and air pollution control properties

and facilities installed for the treatment of waste waters and air contaminants resulting from

industrial processing; furthermore, it applies only to water or air pollution control properties and

facilities placed in operation for the first time after April 13, 1970;

     (22) New manufacturing machinery and equipment acquired or used by a manufacturer

and purchased after December 31, 1974. Manufacturing machinery and equipment is defined as:

     (i) Machinery and equipment used exclusively in the actual manufacture or conversion of

raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and

development or for quality assurance of its manufactured products;

     (ii) Machinery and equipment that is partially used in the actual manufacture or

conversion of raw materials or goods in process of manufacture by a manufacturer, as defined in

subdivision (20), and machinery, fixtures, and equipment used by a manufacturer for research and

development or for quality assurance of its manufactured products, to the extent to which the

machinery and equipment is used for the manufacturing processes, research and development, or

quality assurance. In the instances where machinery and equipment is used in both manufacturing

and/or research and development and/or quality assurance activities and non-manufacturing

activities, the assessment on machinery and equipment is prorated by applying the percentage of

usage of the equipment for the manufacturing, research and development, and quality-assurance

activity to the value of the machinery and equipment for purposes of taxation, and the portion of

the value used for manufacturing, research and development, and quality assurance is exempt

from taxation. The burden of demonstrating this percentage usage of machinery and equipment

for manufacturing and for research and development and/or quality assurance of its manufactured

products rests with the manufacturer; and

     (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was

purchased after July 1, 1997; provided that the city or town council of the city or town in which

the machinery and equipment is located adopts an ordinance exempting the machinery and

equipment from taxation. For purposes of this subsection, city councils and town councils of any

municipality may, by ordinance, wholly or partially exempt from taxation the machinery and

equipment discussed in this subsection for the period of time established in the ordinance and

may, by ordinance, establish the procedures for taxpayers to avail themselves of the benefit of

any exemption permitted under this section; provided, that the ordinance does not apply to any

machinery or equipment of a business, subsidiary, or any affiliated business that locates or

relocates from a city or town in this state to another city or town in the state;

     (23) Precious metal bullion, meaning any elementary metal that has been put through a

process of melting or refining, and that is in a state or condition that its value depends upon its

content and not its form. The term does not include fabricated precious metal that has been

processed or manufactured for some one or more specific and customary industrial, professional,

or artistic uses;

     (24) Hydroelectric power-generation equipment, which includes, but is not limited to,

turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,

protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The

hydroelectric power-generation equipment must have been purchased after July 1, 1979, and

acquired or used by a person or corporation who or that owns or leases a dam and utilizes the

equipment to generate hydroelectric power;

     (25) Subject to authorization by formal action of the council of any city or town, any real

or personal property owned by, held in trust for, or leased to an organization incorporated under

chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable trust" set

out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of

another state or the District of Columbia, the purpose of which is the conserving of open space, as

that term is defined in chapter 36 of title 45, as amended, provided the property is used

exclusively for the purposes of the organization;

     (26) Tangible personal property, the primary function of which is the recycling, reuse, or

recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,

or the treatment of "hazardous wastes," as defined in § 23-19.1-4, where the "hazardous wastes"

are generated primarily by the same taxpayer and where the personal property is located at, in, or

adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order

from the director of the department of environmental management certifying that the tangible

personal property has this function, which order effects a conclusive presumption that the tangible

personal property qualifies for the exemption under this subdivision. If any information relating

to secret processes or methods of manufacture, production, or treatment is disclosed to the

department of environmental management only to procure an order, and is a "trade secret" as

defined in § 28-21-10(b), it shall not be open to public inspection or publicly disclosed unless

disclosure is otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;

     (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4

has been paid;

     (28) Real and personal property of the Providence Performing Arts Center, a non-

business corporation as of December 31, 1986;

     (29) Tangible personal property owned by, and used exclusively for the purposes of, any

religious organization located in the city of Cranston;

     (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit

corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the

Providence YMCA Building;

     (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-

for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the

properties designated as the Meeting Street National Center of Excellence on Eddy Street in

Providence, Rhode Island;

     (32) The buildings, personal property, and land upon which the buildings stand, located

on Pomham Island, East Providence, currently identified as Assessor's Map 211, Block 01, Parcel

001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet

and is located approximately eight hundred sixty feet (860'), more or less, from the shore, and

limited exclusively to these said buildings, personal estate and land, provided that said property is

owned by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is

used exclusively for a lighthouse;

     (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,

Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by

the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;

     (34) Real and tangible personal property of St. Mary Academy -- Bay View, located in

East Providence, Rhode Island;

     (35) Real and personal property of East Bay Community Action Program and its

predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt

corporation under § 501(c)(3) of the United States Internal Revenue Code;

     (36) Real and personal property located within the city of East Providence of the

Columbus Club of East Providence, a Rhode Island charitable nonprofit corporation;

     (37) Real and personal property located within the city of East Providence of the

Columbus Club of Barrington, a Rhode Island charitable nonprofit corporation;

     (38) Real and personal property located within the city of East Providence of Lodge 2337

BPO Elks, a Rhode Island nonprofit corporation;

     (39) Real and personal property located within the city of East Providence of the St.

Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;

     (40) Real and personal property located within the city of East Providence of the Trustees

of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island

nonprofit corporation;

     (41) Real and personal property located on the first floor of 90 Leonard Avenue within

the city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;

     (42) Real and personal property located within the city of East Providence of the Cape

Verdean Museum Exhibit, a Rhode Island nonprofit corporation;

     (43) The real and personal property owned by a qualified 501(c)(3) organization that is

affiliated and in good standing with a national, congressionally chartered organization and

thereby adheres to that organization's standards and provides activities designed for recreational,

educational, and character building purposes for children from ages six (6) years to seventeen

(17) years;

     (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music

School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)

of the United States Internal Revenue Code;

     (45) The real and personal property located within the town of West Warwick at 211

Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven

hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East

Greenwich, a Rhode Island nonprofit corporation;

     (46) Real and personal property of the Comprehensive Community Action Program, a

qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;

     (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of

the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;

     (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems

and associated equipment used therewith in service after December 31, 2015;

     (49) Renewable energy resources, as defined in § 39-26-5, if employed by a

manufacturer, as defined in subsection (a) of this section, shall be exempt from taxation in

accordance with subsection (a) of this section;

     (50) Real and personal property located at 415 Tower Hill Road within the town of North

Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (51) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Charlestown's community limits, subject to authorization by

formal action of the town council of the town of Charlestown;

     (52) All real and personal property located at 1300 Frenchtown Road, within the town of

East Greenwich, identified as assessor's map 027, plat 019, lot 071, and known as the New

England Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3)

of the United States Internal Revenue Code;

     (53) Real and tangible personal property of Mount Saint Charles Academy located within

the city of Woonsocket, specifically identified as the following assessor's plats and lots: Logee

Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;

Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;

     (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit

corporation, located in Providence, Rhode Island;

     (55) Real and personal property located within the town of West Warwick of Tides

Family Services, Inc., a Rhode Island nonprofit corporation;

     (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit

corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;

     (57) Real and personal property located within the town of Middletown of Lucy's Hearth,

a Rhode Island nonprofit corporation;

     (58) Real and tangible personal property of Habitat for Humanity of Rhode Island--

Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode

Island;

     (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit

corporation, located in the town of West Warwick at 1249 Main Street;

     (60) Real and personal property located at 321 Main Street, within the town of South

Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §

501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city

council of Pawtucket may from time to time determine;

     (62) Real and personal property of North Kingstown, Exeter Animal Protection League,

Inc., dba "Pet Refuge," 500 Stony Lane, a Rhode Island nonprofit corporation, located in North

Kingstown, Rhode Island;

     (63) Real and personal property located within the city of East Providence of Foster

Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable

nonprofit corporation;

     (64) Real and personal property located at 54 Kelly Avenue within the town of East

Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island

nonprofit corporation; and

     (65) Real and tangible personal property of Providence Country Day School, a Rhode

Island nonprofit corporation, located in East Providence, Rhode Island and further identified as

plat 406, block 6, lot 6, and plat 506, block 1, lot 8.; and

     (66) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Bristol's community limits, subject to authorization by formal

action of the town council of the town of Bristol.

     (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the

value of its real property shall be the value determined by the most recent full revaluation or

statistical property update performed by the city or town; provided, however, in the year a

nonprofit hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-

profit hospital facility is initially established, the value of the real property and personal property

of the for-profit hospital facility shall be determined by a valuation performed by the assessor for

the purpose of determining an initial assessed value of real and personal property, not previously

taxed by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to

a right of appeal by the for-profit hospital facility which shall be made to the city or town tax

assessor with a direct appeal from an adverse decision to the Rhode Island superior court business

calendar.

     A "for-profit hospital facility" includes all real and personal property affiliated with any

hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.

Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-

profit hospital facility under § 44-3-9 or other laws specific to the particular city or town relating

to stabilization agreements. In a year in which a nonprofit hospital facility converts to, or

otherwise becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise

established, in that year only the amount levied by the city or town and/or the amount payable

under the stabilization agreement for that year related to the for-profit hospital facility shall not be

counted towards determining the maximum tax levy permitted under § 44-5-2.

 

 (66) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city of East Providence.


 

 

 

140)

Section

Amend Chapter Numbers:

 

44-3-13-11

26 and 37

 

 

44-3-13.11. Exeter -- Property tax exemptions for active volunteer members of fire

and rescue companies within the town of.

     (a) The town council of the town of Exeter may, by ordinance, provide real property tax

exemption of up to fifty one hundred thousand dollars ($50,000) ($100,000) or a personal

tangible property or vehicle excise tax exemption of up to twenty-five thousand dollars ($25,000)

of assessed value of any owned and occupied real property or of any tangible personal property or

vehicle owned by any volunteer member of an Exeter fire company or rescue corps; provided,

that said the organization has qualified as a tax-exempt organization pursuant to Section

501(c)(3) of the Internal Revenue Service Code, 26 U.S.C. § 501(c)(3). Said The exemption shall

also apply to the surviving spouse of any deceased person who qualified for an exemption at the

time of his or her death.

     (b) Said The exemption shall be in addition to any other exemption to which said the

person shall be entitled; provided, that any person seeking said the exemption shall have

presented, to the tax assessor, a true and exact account of his or her ratable estate as provided in

§§ 44-5-15 and 44-5-16 for the year for which the exemption is claimed, together with due

evidence that said the person is entitled to said the exemption.

     (c) Any ordinance passed by the town shall provide prospective tax relief only.

     (d) The amount of the exemption and the rules and regulations regarding eligibility for

the exemption shall be provided for by ordinance and the town council of the town of Exeter,

upon recommendation of the tax assessor, may, from time to time, by amendment to the

ordinance, make changes in the amount of the exemption granted and the rules and regulations

regarding eligibility for the exemption as they deem necessary to promote the purpose of this

section.

     (e) Nothing contained in this section shall abrogate or affect the authority conferred upon

the assessor by the provisions of § 44-3-4.


 

 

 

141)

Section

Amend Chapter Numbers:

 

44-3-34

42 and 58

 

 

44-3-34. Central Falls -- Homeowner exemption.

     (a) The city council of the city of Central Falls, may, by ordinance, provide that the property

of each person who is a domiciled resident of the city of Central Falls and which property is the

principal residence of that person is exempt from taxation as follows: single-family owner-occupied

dwellings of no more than five (5) units not to exceed sixty thousand dollars ($60,000)

of assessed valuation; two-family (2) dwellings not to exceed five thousand dollars ($5,000) of

assessed valuation; three- through eight-family (8) dwellings and commercial units not to exceed

three thousand dollars ($3,000) of assessed valuation. The exemption is applied to residential

property and includes property with up to a total of eight (8) five (5) residential units and may include

one commercial or professional use unit as part of the total of eight (8) five (5) 

assessed units; provided, that the person entitled to the exemption has presented to the city tax

assessors, on or before the last day on which sworn statements may be filed with the assessors

for the year for which exemption is claimed. That person is entitled to the exemption as long as his

or her legal residence remains unchanged.

     (b) Each person upon application for exemption shall provide by means of a sworn

statement to the assessor clear and convincing evidence to establish his or her legal residence at

the property subject to the exemption and eligibility for the exemption.

     (c) In the event property granted an exemption under this section is sold or transferred

during the year for which the exemption is claimed, the city of Central Falls, upon approval of the

city council, may provide for a proration of the homestead exemption in cases where title to a

property passes from:

     (1) Those not entitled to claim an exemption to those who are entitled to claim an

exemption; or

     (2) A person entitled to claim an exemption to those who are not entitled to claim an

exemption.

     (d) The city council of the city of Central Falls shall, by ordinance, establish rules and

regulations governing the acceptance of evidence of residence.


 

 

 

142)

Section

Amend Chapter Numbers:

 

44-4.1-2

47 and 56

 

 

44-4.1-2. Definitions.

     As used in this chapter:

     (1) "Certified maintenance or rehabilitation" means any maintenance or rehabilitation of a

historic residence consistent with the character of that property or district as determined in

accordance with commission guidelines.

     (2) "Commission" means the Rhode Island historical preservation and heritage commission

created pursuant to § 42-45-2, or for purposes of the historic commercial structure property tax

reduction in Warren, the local historic district commission in Warren; or for purposes of the historic

structure property tax reduction in Narragansett, the local historic district commission in

Narragansett; or for purposes of the historic structure property tax reduction in Cumberland, the

local historic district commission in Cumberland.

     (3) "Historic residence" means a historic residential property which is not of a character

subject to federal depreciation allowance pursuant to 26 U.S.C. § 167 or 168 and which is:

     (i) Listed individually in the state register of historic places; or

     (ii) Located in a district listed in the state register of historic places and certified by the

commission as contributing to the historic character of that district; or

     (iii) Located in a local historic district zone as designated by a city or town under chapter

24.1 of title 45 and certified by the commission as contributing to the character of that historic

district zone; or

     (iv) Designated by a city or town as an individual structure subject to regulation by a local

historic district commission under chapter 24.1 of title 45.

     (4) "Historic commercial structure" means: a historic structure in Warren utilized for

commercial purposes, whole or in part, and which is:

     (i) Listed individually in the state register of historic places; or

     (ii) Located in a district listed in the state register of historic places and certified by the

commission as contributing to the historic character of that district; or

     (iii) Located in a local historic district zone as designated by the town under chapter 24.1

of title 45 and certified by the commission as contributing to the character of that historic district

zone; or

     (iv) Designated by the town as an individual structure subject to regulation by a local

historic district commission under chapter 24.1 of title 45.


 

 

 

143)

Section

Add Chapter Numbers:

 

44-5-8.5

46 and 57

 

 

44-5-8.5. Woonsocket - Tax amnesty periods.

     (a) Notwithstanding any other provision in this chapter to the contrary, the city of

Woonsocket may, by ordinance duly enacted, authorize two (2), separate sixty-day (60) periods

during fiscal year 2021 during which a waiver of interest and penalties on overdue tangible tax

payments and motor vehicle tax payments may be made if the request for a waiver of interest and

penalties is in writing, signed, and dated by the taxpayer and submitted within the two (2) sixty-

day (60) waiver periods.

     (b) Decisions of the tax assessor shall be in writing and contain a notice to the city council.

If the taxpayer receives an adverse decision from the tax assessor, the taxpayer must pay the interest

and penalties and may file a claim for reimbursement with the city council within ten (10)

days of the decision.

     (c) Any request for a waiver for taxes and penalties that meets criteria established by this

section pursuant to a duly-enacted ordinance may be granted by the city.

     (d) Waivers of interest and penalties shall not be granted for any taxes contained in the

2020 tax bill.


 

144)

Section

Amend Chapter Numbers:

 

44-5-20.02

42 and 58

 

 

44-5-20.02. Central Falls -- Property tax classification -- List of ratable property.

     (a) Notwithstanding any provision within § 44-5-11.8 to the contrary, on On or before June

1, except in 1990, in which case the time is thirty (30) days after June 1, 1990, the assessor in the

city of Central Falls, after certification for classification, shall submit to the director of revenue a

list containing the true, full, and fair cash value of the ratable estate and motor vehicles and shall

classify and provide a tax rate for the property according to the following use:

     (1) "Class 1" includes: (i) Residential residential property which is owner-occupied

dwellings of no more than five (5) units and which is property used or held for human habitation,

including rooming houses and mobile homes with facilities designed and used for living, sleeping,

cooking, and eating on a non-transient basis. Eligibility for the owner-occupied tax classification

shall be determined by compliance with § 44-3-34 and relevant city ordinances. This property

includes accessory land, buildings, or improvements incidental to the habitation and used

exclusively by the residents of the property or their guests. This property does not include a hotel,

motel, commercial, or industrial property. Residential property shall consist of:

     (A) Owner-occupied dwellings of no more than five (5) units;

     (B) Non owner-occupied dwellings of no more than five (5) units, including properties for

mixed use as residential and commercial properties; and

     (C) Units or dwellings with six (6) or more units.

     (2) "Class 2" includes residential property which is owner-occupied dwellings of more than

five (5) units and non-owner-occupied dwellings, including properties for mixed use as residential

and commercial properties, and which is property used or held for human habitation, including

rooming houses and mobile homes with facilities designed and used for living, sleeping, cooking,

and eating on a non-transient basis. This property includes accessory land, buildings, or

improvements incidental to the habitation and used exclusively by the residents of the property or

their guests. This property includes open space including "farm", "forest", and "open space land"

as defined in accordance with § 44-27-2. This property does not include a hotel, motel, commercial,

or industrial property.

     (ii) Open space including "farm", "forest", and "open-space land" as defined in accordance

with § 44-27-2.

     (2) "Class 2" includes:

     (i) Personal

     (3) "Class 3" includes personal property, previously subject to tax, includes all goods,

chattels, and effects, wherever they may be, except those that are exempt from taxation by the laws

of the United States or of this state.; and

     (ii) Every vehicle and trailer registered under chapter 3 of title 31.

     (3) "Class 3"

     (4) "Class 4" includes every vehicle and trailer registered under chapter 3 of title 31.

     (5) "Class 5" includes property used commercially or for industrial manufacturing.

     (b) The city of Central Falls may, by resolution or ordinance adopted by the city council,

provide for tax classification of property and tax rates in the city of Central Falls to become

effective in any year in which the assessment roll reflects a general revaluation of all taxable

property in the city of Central Falls based on the five (5) classes outlined in subsection (a) of this

section.

     (c) The effective tax rate for Class 2 shall not exceed by two (2) times, the effective tax

rate for Class 1; the effective tax rate for Class 5 shall not exceed by three (3) times, the effective

tax rate for Class 1; and the effective tax rate for Class 3 shall not exceed by four (4) times, the

effective tax rate for Class 1.


 

 

 

 

145)

Section

Repeal and Amend Chapter Numbers:

 

44-5-55.1

50 and 53

 

 

44-5-55.1. Burrillville -- Tax assessment stabilization.

     The town of Burrillville is authorized to establish by ordinance a process to stabilize tax

assessments for improvements made to certain properties located in areas of town that have been

designated substandard in and pursuant to the land use chapter of the town's comprehensive plan.

Specifically, said ordinance shall provide that any exterior improvements made to any

commercial, industrial, and/or mixed use buildings located in areas that have been identified as

substandard areas as aforesaid shall not be subject to any increase in the tax assessment levied

against said property directly related to and because of said improvement. Such prohibition

against an increase in the tax assessment based upon these improvement shall be in place for a

period not to exceed ten (10) years from the date on which the work on the improvements shall

have begun. The ordinance shall also include a process for an applicant to apply and qualify for

said tax stabilization.

 

44-5-55.1. Burrillville -- Tax assessment stabilization Burrillville -- Tax levy

assessment stabilization.

The town of Burrillville is authorized to establish by ordinance a process to stabilize tax

assessments and/or provide tax credits for physical improvements made to certain properties

located in areas of town that have been designated substandard by the town’s comprehensive plan

or as may be separately designated by the town council. Specifically, said ordinance shall provide

that physical improvements made to any commercial, industrial, mixed use buildings, and

apartment houses with six (6) or more legal units located in areas that have been designated may

be eligible for tax stabilization and/or a tax credit against their real estate tax levy as set forth in

the town’s ordinance. The stabilization granted or tax credit based upon these improvements shall

be in place for a period not to exceed ten (10) years from the date on which the work on the

improvements shall have been completed. All improvements made to the property will be

assessed accordingly as of December 31 of each year per § 44-5-1. The ordinance shall also

include a process for an applicant to apply and qualify for said credits.


 

 

 

146)

Section

Add Chapter Numbers:

 

44-7-10.3

22 and 48

 

 

44-7-10.3. Barrington - Non-issuance and/or renewal of licenses or permits to

applicants or licensees in arrears in local taxes, liens, and assessments in town.

     (a) No license or permit issued by the town of Barrington, and required for the operation

of a business, shall be issued or renewed to any person or applicant who is in arrears for the

payment of any local taxes, liens, or other assessments applicable to the operation of the business,

unless the matter has been duly appealed in a timely fashion to a court of competent jurisdiction.

     (b) No demolition or building permit may be issued for new construction and/or the

renovation or alteration of an existing structure if the party assessed or property owner is in

arrears for the payment of any real property tax, lien, or other town assessment on real property.

This prohibition applies only to the real property that is the subject of the building permit

application. This section does not apply to construction that serves to abate a pending notice of

violation issued by the town of Barrington or any of its officials and/or representatives.

     (c) Any applicant seeking any license or permit or any renewal of any license or permit

must submit verification from the property tax or assessment collection agency of the town that

all town taxes, liens, and assessments are paid to date.

     (d) The licensing or permitting authority has the discretion to issue a license or permit,

notwithstanding the forgoing, if the applicant has entered an approved repayment plan for the tax

arrearage and is current on making payments pursuant to that plan or other grounds that the

licensing or permitting authority deems meritorious.


 

 

 

147)

Section

Amend Chapter Numbers:

 

44-18-7

12 and 17

 

 

44-18-7. Sales defined.

     "Sales" means and includes:

     (1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or

otherwise, in any manner or by any means of tangible personal property for a consideration.

"Transfer of possession," "lease," or "rental" includes transactions found by the tax administrator

to be in lieu of a transfer of title, exchange, or barter.

     (2) The producing, fabricating, processing, printing, or imprinting of tangible personal

property for a consideration for consumers who furnish, either directly or indirectly, the materials

used in the producing, fabricating, processing, printing, or imprinting.

     (3) The furnishing and distributing of tangible personal property for a consideration by

social, athletic, and similar clubs and fraternal organizations to their members or others.

     (4) The furnishing, preparing, or serving for consideration of food, meals, or drinks,

including any cover, minimum, entertainment, or other charge in connection therewith.

     (5) A transaction whereby the possession of tangible personal property is transferred, but

the seller retains the title as security for the payment of the price.

     (6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate

commerce, of tangible personal property from the place where it is located for delivery to a point

in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental,

conditional or otherwise, in any manner or by any means whatsoever, of the property for a

consideration.

     (7) A transfer for a consideration of the title or possession of tangible personal property,

which has been produced, fabricated, or printed to the special order of the customer, or any

publication.

     (8) The furnishing and distributing of electricity, natural gas, artificial gas, steam,

refrigeration, and water.

     (9)(i) The furnishing for consideration of intrastate, interstate, and international

telecommunications service sourced in this state in accordance with §§ 44-18.1-15 and 44-18.1-16

and all ancillary services, and any maintenance services of telecommunication equipment other

than as provided for in § 44-18-12(b)(ii). For the purposes of chapters 18 and 19 of this title only,

telecommunication service does not include service rendered using a prepaid telephone calling

arrangement.

     (ii) Notwithstanding the provisions of paragraph (i) of this subdivision subsection (9)(i),

in accordance with the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 -- 126), subject

to the specific exemptions described in 4 U.S.C. § 116(c), and the exemptions provided

in §§ 44-18-8 and 44-18-12, mobile telecommunications services that are deemed to be

provided by the customer's home service provider are subject to tax under this chapter if the

customer's place of primary use is in this state regardless of where the mobile telecommunications

services originate, terminate, or pass through. Mobile telecommunications services provided

to a customer, the charges for which are billed by or for the customer's home service provider,

shall be deemed to be provided by the customer's home service provider.

     (10) The furnishing of service for transmission of messages by telegraph, cable, or radio

and the furnishing of community antenna television, subscription television, and cable television

services.

     (11) The rental of living quarters in any hotel, rooming house, or tourist camp.

     (12) The transfer for consideration of prepaid telephone calling arrangements and the

recharge of prepaid telephone calling arrangements sourced to this state in accordance with §§ 44-

18.1-11 and 44-18.1-15. "Prepaid telephone calling arrangement" means and includes prepaid

calling service and prepaid wireless calling service.

     (13) The sale, storage, use, or other consumption of over-the-counter drugs as defined in §

44-18-7.1(h)(ii).

     (14) The sale, storage, use, or other consumption of prewritten computer software delivered

electronically or by load and leave as defined in § 44-18-7.1(g)(v).

     (15) The sale, storage, use, or other consumption of vendor-hosted prewritten computer

software as defined in § 44-18-7.1(g)(vii).

     (16) The sale toor storage, use, or other consumption by, an end-user of specified digital

products as defined in § 44-18-7.1(x), including the right to use the specified digital products on a

permanent or less than permanent basis and regardless of whether the purchaser is required to make

continued payments for such right.

     (17) For the purposes of §§ 44-18-7 subsections (14) through 44-18-7(16) above, "sale"

includes, but is not limited to, any license, lease, or rental of the products enumerated in those

sections subsections.

     (17)(18) The sale, storage, use, or other consumption of medical marijuana as defined in §

21-28.6-3.

     (18)(19) The furnishing of services in this state as defined in § 44-18-7.3.


 

 

 

 

 

148)

Section

Amend Chapter Numbers:

 

44-18-7.1

12 and 17

 

 

44-18-7.1. Additional definitions.

     (a) "Agreement" means the streamlined sales and use tax agreement.

     (b) "Alcoholic beverages" means beverages that are suitable for human consumption and

contain one-half of one percent (.5%) or more of alcohol by volume.

     (c) "Bundled transaction" is the retail sale of two or more products, except real property

and services to real property, where (1) The products are otherwise distinct and identifiable, and

(2) The products are sold for one non-itemized price. A "bundled transaction" does not include the

sale of any products in which the "sales price" varies, or is negotiable, based on the selection by

the purchaser of the products included in the transaction.

     (i) "Distinct and identifiable products" does not include:

     (A) Packaging -- such as containers, boxes, sacks, bags, and bottles -- or other materials --

such as wrapping, labels, tags, and instruction guides -- that accompany the "retail sale" of the

products and are incidental or immaterial to the "retail sale" thereof. Examples of packaging that

are incidental or immaterial include grocery sacks, shoeboxes, dry cleaning garment bags, and

express delivery envelopes and boxes.

     (B) A product provided free of charge with the required purchase of another product. A

product is "provided free of charge" if the "sales price" of the product purchased does not vary

depending on the inclusion of the products "provided free of charge."

     (C) Items included in the member state's definition of "sales price," pursuant to appendix

C of the agreement.

     (ii) The term "one non-itemized price" does not include a price that is separately identified

by product on binding sales or other supporting sales-related documentation made available to the

customer in paper or electronic form including, but not limited to, an invoice, bill of sale, receipt,

contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or

price list.

     (iii) A transaction that otherwise meets the definition of a "bundled transaction" as defined

above, is not a "bundled transaction" if it is:

     (A) The "retail sale" of tangible personal property and a service where the tangible personal

property is essential to the use of the service, and is provided exclusively in connection with the

service, and the true object of the transaction is the service; or

     (B) The "retail sale" of services where one service is provided that is essential to the use or

receipt of a second service and the first service is provided exclusively in connection with the

second service and the true object of the transaction is the second service; or

     (C) A transaction that includes taxable products and nontaxable products and the "purchase

price" or "sales price" of the taxable products is de minimis.

     1. De minimis means the seller's "purchase price" or "sales price" of the taxable products

is ten percent (10%) or less of the total "purchase price" or "sales price" of the bundled products.

     2. Sellers shall use either the "purchase price" or the "sales price" of the products to

determine if the taxable products are de minimis. Sellers may not use a combination of the

"purchase price" and "sales price" of the products to determine if the taxable products are de

minimis.

     3. Sellers shall use the full term of a service contract to determine if the taxable products

are de minimis; or

     (D) The "retail sale" of exempt tangible personal property and taxable tangible personal

property where:

     1. The transaction includes "food and food ingredients," "drugs," "durable medical

equipment," "mobility enhancing equipment," "over-the-counter drugs," "prosthetic devices" (all

as defined in this section) or medical supplies; and

     2. Where the seller's "purchase price" or "sales price" of the taxable tangible personal

property is fifty percent (50%) or less of the total "purchase price" or "sales price" of the bundled

tangible personal property. Sellers may not use a combination of the "purchase price" and "sales

price" of the tangible personal property when making the fifty percent (50%) determination for a

transaction.

     (d) "Certified automated system (CAS)" means software certified under the agreement to

calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit

to the appropriate state, and maintain a record of the transaction.

     (e) "Certified service provider (CSP)" means an agent certified under the agreement to

perform all the seller's sales and use tax functions, other than the seller's obligation to remit tax on

its own purchases.

     (f) Clothing and related items.

     (i) "Clothing" means all human wearing apparel suitable for general use.

     (ii) "Clothing accessories or equipment" means incidental items worn on the person or in

conjunction with "clothing." "Clothing accessories or equipment" does not include "clothing,"

"sport or recreational equipment," or "protective equipment."

     (iii) "Protective equipment" means items for human wear and designed as protection of the

wearer against injury or disease or as protections against damage or injury of other persons or

property but not suitable for general use. "Protective equipment" does not include "clothing,"

"clothing accessories or equipment," and "sport or recreational equipment."

     (iv) "Sport or recreational equipment" means items designed for human use and worn in

conjunction with an athletic or recreational activity that are not suitable for general use. "Sport or

recreational equipment" does not include "clothing," "clothing accessories or equipment," and

"protective equipment."

     (g) Computer and related items.

     (i) "Computer" means an electronic device that accepts information in digital or similar

form and manipulates it for a result based on a sequence of instructions.

     (ii) "Computer software" means a set of coded instructions designed to cause a "computer"

or automatic data processing equipment to perform a task.

     (iii) "Delivered electronically" means delivered to the purchaser by means other than

tangible storage media.

     (iv) "Electronic" means relating to technology having electrical, digital, magnetic, wireless,

optical, electromagnetic, or similar capabilities.

     (v) "Load and leave" means delivery to the purchaser by use of a tangible storage media

where the tangible storage media is not physically transferred to the purchaser.

     (vi) "Prewritten computer software" means "computer software," including prewritten

upgrades, that is not designed and developed by the author or other creator to the specifications of

a specific purchaser. The combining of two (2) or more "prewritten computer software" programs

or prewritten portions thereof does not cause the combination to be other than "prewritten computer

software." "Prewritten computer software" includes software designed and developed by

the author or other creator to the specifications of a specific purchaser when it is sold to a person

other than the specific purchaser. Where a person modifies or enhances "computer software"

of which the person is not the author or creator, the person shall be deemed to be the author or

creator only of such person's modifications or enhancements. "Prewritten computer software"

or a prewritten portion thereof that is modified or enhanced to any degree, where such

modification or enhancement is designed and developed to the specifications of a specific purchaser, remains"prewritten computer software"; provided, however, that where there is a

reasonable, separately stated charge or an invoice or other statement of the price given to the

purchaser for such modification or enhancement, such modification or enhancement shall not

constitute "prewritten computer software."

     (vii) "Vendor-hosted prewritten computer software" means prewritten computer software

that is accessed through the internet and/or a vendor-hosted server regardless of whether the access

is permanent or temporary and regardless of whether any downloading occurs.

     (h) Drugs and related items.

     (i) "Drug" means a compound, substance, or preparation, and any component of a

compound, substance, or preparation, other than "food and food ingredients," "dietary

supplements" or "alcoholic beverages":

     (A) Recognized in the official United States Pharmacopoeia, official Homeopathic

Pharmacopoeia of the United States, or official National Formulary, and supplement to any of them;

or

     (B) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease;

or

     (C) Intended to affect the structure or any function of the body.

     "Drug" shall also include insulin and medical oxygen whether or not sold on prescription.

     (ii) "Over-the-counter drug" means a drug that contains a label that identifies the product

as a drug as required by 21 C.F.R. § 201.66. The "over-the-counter drug" label includes:

     (A) A "Drug Facts" panel; or

     (B) A statement of the "active ingredient(s)" with a list of those ingredients contained in

the compound, substance, or preparation.

     "Over-the-counter drug" shall not include "grooming and hygiene products."

     (iii) "Grooming and hygiene products" are soaps and cleaning solutions, shampoo,

toothpaste, mouthwash, antiperspirants, and suntan lotions and screens, regardless of whether the

items meet the definition of "over-the-counter drugs."

     (iv) "Prescription" means an order, formula, or recipe issued in any form of oral, written,

electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of

the member state.

     (i) "Delivery charges" means charges by the seller of personal property or services for

preparation and delivery to a location designated by the purchaser of personal property or services

including, but not limited to: transportation, shipping, postage, handling, crating, and packing.

     "Delivery charges" shall not include the charges for delivery of "direct mail" if the charges

are separately stated on an invoice or similar billing document given to the purchaser.

     (j) "Direct mail" means printed material delivered or distributed by United States mail or

other delivery service to a mass audience or to addressees on a mailing list provided by the

purchaser or at the direction of the purchaser when the cost of the items are not billed directly to

the recipients. "Direct mail" includes tangible personal property supplied directly or indirectly by

the purchaser to the direct mail seller for inclusion in the package containing the printed material.

"Direct mail" does not include multiple items of printed material delivered to a single address.

     (k) "Durable medical equipment" means equipment including repair and replacement parts

for same which:

     (i) Can withstand repeated use; and

     (ii) Is primarily and customarily used to serve a medical purpose; and

     (iii) Generally is not useful to a person in the absence of illness or injury; and

     (iv) Is not worn in or on the body.

     Durable medical equipment does not include mobility enhancing equipment.

     (l) Food and related items.

     (i) "Food and food ingredients" means substances, whether in liquid, concentrated, solid,

frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are

consumed for their taste or nutritional value. "Food and food ingredients" does not include

"alcoholic beverages," "tobacco," "candy," "dietary supplements," and "soft drinks."

     (ii) "Prepared food" means:

     (A) Food sold in a heated state or heated by the seller;

     (B) Two (2) or more food ingredients mixed or combined by the seller for sale as a single

item; or

     (C) Food sold with eating utensils provided by the seller, including: plates, knives, forks,

spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used

to transport the food.

     "Prepared food" in (B) does not include food that is only cut, repackaged, or pasteurized

by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring

cooking by the consumer as recommended by the Food and Drug Administration in chapter 3, part

401.11 of its Food Code so as to prevent food borne illnesses.

     (iii) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners

in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars,

drops, or pieces. "Candy" shall not include any preparation containing flour and shall require no

refrigeration.

     (iv) "Soft drinks" means non-alcoholic beverages that contain natural or artificial

sweeteners. "Soft drinks" do not include beverages that contain milk or milk products, soy, rice,

or similar milk substitutes, or greater than fifty percent (50%) of vegetable or fruit juice by volume.

     (v) "Dietary supplement" means any product, other than "tobacco," intended to supplement

the diet that:

     (A) Contains one or more of the following dietary ingredients:

     1. A vitamin;

     2. A mineral;

     3. An herb or other botanical;

     4. An amino acid;

     5. A dietary substance for use by humans to supplement the diet by increasing the total

dietary intake; or

     6. A concentrate, metabolite, constituent, extract, or combination of any ingredient

described above; and

     (B) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or

if not intended for ingestion in such a form, is not represented as conventional food and is not

represented for use as a sole item of a meal or of the diet; and

     (C) Is required to be labeled as a dietary supplement, identifiable by the "supplemental

facts" box found on the label and as required pursuant to 21 C.F.R. § 101.36.

     (m) "Food sold through vending machines" means food dispensed from a machine or other

mechanical device that accepts payment.

     (n) "Hotel" means every building or other structure kept, used, maintained, advertised as,

or held out to the public to be a place where living quarters are supplied for pay to transient or

permanent guests and tenants and includes a motel.

     (i) "Living quarters" means sleeping rooms, sleeping or housekeeping accommodations, or

any other room or accommodation in any part of the hotel, rooming house, or tourist camp that is

available for or rented out for hire in the lodging of guests.

     (ii) "Rooming house" means every house, boat, vehicle, motor court, or other structure

kept, used, maintained, advertised, or held out to the public to be a place where living quarters are

supplied for pay to transient or permanent guests or tenants, whether in one or adjoining buildings.

     (iii) "Tourist camp" means a place where tents or tent houses, or camp cottages, or cabins

or other structures are located and offered to the public or any segment thereof for human

habitation.

     (o) "Lease or rental" means any transfer of possession or control of tangible personal

property for a fixed or indeterminate term for consideration. A lease or rental may include future

options to purchase or extend. Lease or rental does not include:

     (i) A transfer of possession or control of property under a security agreement or deferred

payment plan that requires the transfer of title upon completion of the required payments;

     (ii) A transfer of possession or control of property under an agreement that requires the

transfer of title upon completion of required payments and payment of an option price does not

exceed the greater of one hundred dollars ($100) or one percent of the total required payments; or

     (iii) Providing tangible personal property along with an operator for a fixed or

indeterminate period of time. A condition of this exclusion is that the operator is necessary for the

equipment to perform as designed. For the purpose of this subsection, an operator must do more

than maintain, inspect, or set-up the tangible personal property.

     (iv) Lease or rental does include agreements covering motor vehicles and trailers where the

amount of consideration may be increased or decreased by reference to the amount realized upon

sale or disposition of the property as defined in 26 U.S.C. § 7701(h)(1).

     (v) This definition shall be used for sales and use tax purposes regardless if a transaction

is characterized as a lease or rental under generally accepted accounting principles, the Internal

Revenue Code, the Uniform Commercial Code, or other provisions of federal, state, or local law.

     (vi) This definition will be applied only prospectively from the date of adoption and will

have no retroactive impact on existing leases or rentals. This definition shall neither impact any

existing sale-leaseback exemption or exclusions that a state may have, nor preclude a state from

adopting a sale-leaseback exemption or exclusion after the effective date of the agreement.

     (p) "Mobility enhancing equipment" means equipment, including repair and replacement

parts to same, that:

     (i) Is primarily and customarily used to provide or increase the ability to move from one

place to another and that is appropriate for use either in a home or a motor vehicle; and

     (ii) Is not generally used by persons with normal mobility; and

     (iii) Does not include any motor vehicle or equipment on a motor vehicle normally

provided by a motor vehicle manufacturer.

     Mobility enhancing equipment does not include durable medical equipment.

     (q) "Model 1 Seller" means a seller that has selected a CSP as its agent to perform all the

seller's sales and use tax functions, other than the seller's obligation to remit tax on its own

purchases.

     (r) "Model 2 Seller" means a seller that has selected a CAS to perform part of its sales and

use tax functions, but retains responsibility for remitting the tax.

     (s) "Model 3 Seller" means a seller that has sales in at least five member states, has total

annual sales revenue of at least five hundred million dollars ($500,000,000), has a proprietary

system that calculates the amount of tax due each jurisdiction, and has entered into a performance

agreement with the member states that establishes a tax performance standard for the seller. As

used in this definition, a seller includes an affiliated group of sellers using the same proprietary

system.

     (t) "Prosthetic device" means a replacement, corrective, or supportive device including

repair and replacement parts for same worn on or in the body to:

     (i) Artificially replace a missing portion of the body;

     (ii) Prevent or correct physical deformity or malfunction; or

     (iii) Support a weak or deformed portion of the body.

     (u) "Purchaser" means a person to whom a sale of personal property is made or to whom a

service is furnished.

     (v) "Purchase price" applies to the measure subject to use tax and has the same meaning as

sales price.

     (w) "Seller" means a person making sales, leases, or rentals of personal property or

services.

     (x) Specified digital products.

     (i) "Specified digital products" means electronically transferred:

     (A) "Digital audio-visual works" which means a series of related images which, when

shown in succession, impart an impression of motion, together with accompanying sounds, if any;

     (B) "Digital audio works" which means works that result from the fixation of a series of

musical, spoken, or other sounds, including ringtones,; and/or;

     (C) "Digital books" which means works that are generally recognized in the ordinary and

usual sense as "books."

     (ii) For purposes of the definition of "digital audio works," "ringtones" means digitized

sound files that are downloaded onto a device and that may be used to alert the customer with

respect to a communication.

     (iii) For purposes of the definitions definition of "specified digital products," "transferred

electronically" means obtained by the purchaser by means other than tangible storage media.

     (iv) For the purposes of "specified digital products," "end user" includes any person other

than a person who receives by contract a product "transferred electronically" for further broadcast,

rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or

exhibition of the product, in whole or in part, to another person or persons. A person that who

purchases products "transferred electronically" or the code for "specified digital products" for the

purpose of giving away such products or code shall not be considered to have engaged in the

distribution or redistribution of such products or code and shall be treated as an end user.

     (v) For the purposes of "specified digital products," "permanent" means perpetual or for an

indefinite or unspecified length of time.

     (y) "State" means any state of the United States and the District of Columbia.

     (z) "Telecommunications" tax base/exemption terms.

     (i) Telecommunication terms shall be defined as follows:

     (A) "Ancillary services" means services that are associated with or incidental to the

provision of "telecommunications services," including, but not limited to, "detailed

telecommunications billing," "directory assistance," "vertical service," and "voice mail services."

     (B) "Conference bridging service" means an "ancillary service" that links two (2) or more

participants of an audio or video conference call and may include the provision of a telephone

number. "Conference bridging service" does not include the "telecommunications services" used

to reach the conference bridge.

     (C) "Detailed telecommunications billing service" means an "ancillary service" of

separately stating information pertaining to individual calls on a customer's billing statement.

     (D) "Directory assistance" means an "ancillary service" of providing telephone number

information, and/or address information.

     (E) "Vertical service" means an "ancillary service" that is offered in connection with one

or more "telecommunications services," which offers advanced calling features that allow

customers to identify callers and to manage multiple calls and call connections, including

"conference bridging services."

     (F) "Voice mail service" means an "ancillary service" that enables the customer to store,

send, or receive recorded messages. "Voice mail service" does not include any "vertical services"

that the customer may be required to have in order to utilize the "voice mail service."

     (G) "Telecommunications service" means the electronic transmission, conveyance, or

routing of voice, data, audio, video, or any other information or signals to a point, or between or

among points. The term "telecommunications service" includes such transmission, conveyance, or

routing in which computer processing applications are used to act on the form, code, or protocol of

the content for purposes of transmission, conveyance, or routing without regard to whether

such service is referred to as voice over internet protocol services or is classified by the Federal

Communications Commission as enhanced or value added. "Telecommunications service" does

not include:

     (1) Data processing and information services that allow data to be generated, acquired,

stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where

such purchaser's primary purpose for the underlying transaction is the processed data or

information;

     (2) Installation or maintenance of wiring or equipment on a customer's premises;

     (3) Tangible personal property;

     (4) Advertising, including, but not limited to, directory advertising;

     (5) Billing and collection services provided to third parties;

     (6) Internet access service;

     (7) Radio and television audio and video programming services, regardless of the medium,

including the furnishing of transmission, conveyance, and routing of such services by the

programming service provider. Radio and television audio and video programming services shall

include, but not be limited to, cable service as defined in 47 U.S.C. § 522(6) and audio and video

programming services delivered by commercial mobile radio service providers as defined in 47

C.F.R. § 20.3;

     (8) "Ancillary services"; or

     (9) Digital products "delivered electronically," including, but not limited to: software,

music, video, reading materials, or ring tones.

     (H) "800 service" means a "telecommunications service" that allows a caller to dial a toll-

free number without incurring a charge for the call. The service is typically marketed under the

name "800," "855," "866," "877," and "888" toll-free calling, and any subsequent numbers

designated by the Federal Communications Commission.

     (I) "900 service" means an inbound toll "telecommunications service" purchased by a

subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded

announcement or live service. "900 service" does not include the charge for: collection services

provided by the seller of the "telecommunications services" to the subscriber, or service or product

sold by the subscriber to the subscriber's customer. The service is typically marketed under the

name "900 service," and any subsequent numbers designated by the Federal Communications

Commission.

     (J) "Fixed wireless service" means a "telecommunications service" that provides radio

communication between fixed points.

     (K) "Mobile wireless service" means a "telecommunications service" that is transmitted,

conveyed, or routed regardless of the technology used, whereby the origination and/or termination

points of the transmission, conveyance, or routing are not fixed, including, by way of example only, "telecommunications services" that are provided by a commercial mobile radio service

provider.

     (L) "Paging service" means a "telecommunications service" that provides transmission of

coded radio signals for the purpose of activating specific pagers; such transmissions may include

messages and/or sounds.

     (M) "Prepaid calling service" means the right to access exclusively "telecommunications

services," which must be paid for in advance and that enables the origination of calls using an

access number or authorization code, whether manually or electronically dialed, and that is sold in

predetermined units or dollars of which the number declines with use in a known amount.

     (N) "Prepaid wireless calling service" means a "telecommunications service" that provides

the right to utilize "mobile wireless service," as well as other non-telecommunications services,

including the download of digital products "delivered electronically," content and "ancillary

services" which must be paid for in advance that is sold in predetermined units of dollars of which

the number declines with use in a known amount.

     (O) "Private communications service" means a telecommunications service that entitles the

customer to exclusive or priority use of a communications channel or group of channels between

or among termination points, regardless of the manner in which such channel or channels are

connected, and includes switching capacity, extension lines, stations, and any other associated

services that are provided in connection with the use of such channel or channels.

     (P) "Value-added non-voice data service" means a service that otherwise meets the

definition of "telecommunications services" in which computer processing applications are used to

act on the form, content, code, or protocol of the information or data primarily for a purpose other

than transmission, conveyance, or routing.

     (ii) "Modifiers of Sales Tax Base/Exemption Terms" -- the following terms can be used to

further delineate the type of "telecommunications service" to be taxed or exempted. The terms

would be used with the broader terms and subcategories delineated above.

     (A) "Coin-operated telephone service" means a "telecommunications service" paid for by

inserting money into a telephone accepting direct deposits of money to operate.

     (B) "International" means a "telecommunications service" that originates or terminates in

the United States and terminates or originates outside the United States, respectively. United States

includes the District of Columbia or a U.S. territory or possession.

     (C) "Interstate" means a "telecommunications service" that originates in one United States

state, or a United States territory or possession, and terminates in a different United States state or

a United States territory or possession.

     (D) "Intrastate" means a "telecommunications service" that originates in one United States

state or a United States territory or possession, and terminates in the same United States state or a

United States territory or possession.

     (E) "Pay telephone service" means a "telecommunications service" provided through any

pay telephone.

     (F) "Residential telecommunications service" means a "telecommunications service" or

"ancillary services" provided to an individual for personal use at a residential address, including an

individual dwelling unit such as an apartment. In the case of institutions where individuals reside,

such as schools or nursing homes, "telecommunications service" is considered residential if it is

provided to and paid for by an individual resident rather than the institution.

     The terms "ancillary services" and "telecommunications service" are defined as a broad

range of services. The terms "ancillary services" and "telecommunications service" are broader

than the sum of the subcategories. Definitions of subcategories of "ancillary services" and

"telecommunications service" can be used by a member state alone or in combination with other

subcategories to define a narrower tax base than the definitions of "ancillary services" and

"telecommunications service" would imply. The subcategories can also be used by a member state

to provide exemptions for certain subcategories of the more broadly defined terms.

     A member state that specifically imposes tax on, or exempts from tax, local telephone or

local telecommunications service may define "local service" in any manner in accordance with §

44-18.1-28, except as limited by other sections of this Agreement.

     (aa) "Tobacco" means cigarettes, cigars, chewing, or pipe tobacco, or any other item that

contains tobacco.


 

 

 

149)

Section

Amend Chapter Numbers:

 

44-31.2-5

5 and 6

 

 

44-31.2-5. Motion picture production company tax credit.

     (a) A motion picture production company shall be allowed a credit to be computed as

provided in this chapter against a tax imposed by chapters 11, 14, 17, and 30 of this title. The

amount of the credit shall be thirty percent (30%) of the state-certified production costs incurred

directly attributable to activity within the state, provided:

     (1) that That the primary locations are within the state of Rhode Island and the total

production budget as defined herein is a minimum of one hundred thousand dollars ($100,000).; or

     (2) The motion picture production incurs and pays a minimum of ten million dollars

($10,000,000) in state-certified production costs within a twelve- (12) month (12) period.

     The credit shall be earned in the taxable year in which production in Rhode Island is

completed, as determined by the film office in final certification pursuant to § 44-31.2-6(c).

     (b) For the purposes of this section: "total production budget" means and includes the

motion picture production company's pre-production, production, and post-production costs

incurred for the production activities of the motion picture production company in Rhode Island in

connection with the production of a state-certified production. The budget shall not include

costs associated with the promotion or marketing of the film, video, or television product.

     (c) Notwithstanding subsection (a) of this section, the credit shall not exceed seven million

dollars ($7,000,000) and shall be allowed against the tax for the taxable period in which the credit

is earned and can be carried forward for not more than three (3) succeeding tax years. Pursuant to

rules promulgated by the tax administrator, the administrator may issue a waiver of the seven

million dollars ($7,000,000) tax credit cap for any feature-length film or television series up to the

remaining funds available pursuant to section (e) of this section.

     (d) Credits allowed to a motion picture production company, which is a subchapter S

corporation, partnership, or a limited-liability company that is taxed as a partnership, shall be

passed through respectively to persons designated as partners, members, or owners on a pro rata

basis or pursuant to an executed agreement among such persons designated as subchapter S

corporation shareholders, partners, or members documenting an alternate distribution method

without regard to their sharing of other tax or economic attributes of such entity.

     (e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax

year beginning after December 31, 2007, for motion picture tax credits pursuant to this chapter

and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. After

December 31, 2019, no more than twenty million dollars ($20,000,000) in total may be issued for

any tax year for motion picture tax credits pursuant to this chapter and/or musical and theater

production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available

to motion picture productions and musical and theatrical productions. No specific amount shall be

set aside for either type of production.


 

 

 

150)

Section

Amend Chapter Numbers:

 

45-2-3.2

14 and 19

 

 

45-2-3.2. Availability of funds upon failure of city or town to approve annual

appropriation.

     (a) Unless otherwise provided by a city or town charter, in an emergency caused by a failure

of a city or town to approve an annual appropriation measure, the same amounts appropriated in

the previous fiscal year shall be available for each department and division thereof, subject to

monthly or quarterly allotments, in accordance with seasonal requirements, as determined by the

city or town's chief financial officer:; provided, that expenditures for payment of bonded

indebtedness of the city or town and interest thereon shall be in such amounts as may be required,

regardless of whether or not an annual appropriation ordinance is enacted by the city or town

council.

     (b) Whenever a state and local emergency is declared pursuant to §§ 30-15-9 and 30-15-

12(b) that prevents a city, town, or fire district from approving an annual appropriation measure

and tax levy to fund such appropriation in accordance with their city, town, or fire district charter,

the city, town, or fire district, notwithstanding any city, town, or fire district charter provision to

the contrary, may adopt an annual appropriation and tax levy or take any other action normally

required at a financial town meeting or financial town referendum, by the governing body of the

city or town through passage of a resolution or ordinance in the following manner:

     (1) By continuing the city, town, or fire district's prior annual fiscal year appropriation

measure and aggregate tax levy not exceeding the total levy of the prior fiscal year to support such

annual appropriation; provided, that the appropriation and levy shall not extend beyond a city, town,

or fire district's fiscal year as defined by the city, town, or district charter;

     (i) Any partial levy adopted for a period of less than one fiscal year shall be credited against

the final levy adopted by the city, town, or fire district in accordance with this section or the

provisions as set forth in the city, town, or fire district charter.

     (ii) If a city or town has conducted a revaluation of property pursuant to § 44-5-11.6, the

city or town may use the property values of the most recent revaluation; provided, that the aggregate

tax levy does not exceed the total levy of the prior fiscal year.

     (2) By the adoption and passage of a new annual appropriation and tax levy by the city,

town, or fire district's governing body; provided, that levy shall be subject to all of the provisions

of § 44-5-2.

     (c) Prior to the adoption of any appropriation or levy pursuant to sections subsection (b)(1)

or (b)(2) of this section or conducting any business normally taken at a financial town meeting or

financial town referendum, the governing body of the city, town, or fire district shall conduct a

public hearing on the proposal or business to be considered. The public hearing may be conducted

in any manner, including electronically or virtually, that enables public comment and participation.

Notice of the public hearing shall be given by publication of a display advertisement in a newspaper

of general circulation in the city, town, or fire district and by posting of the notice on the website if

available, of the municipality or fire district at least ten (10) days before the date

of the public hearing. The notice shall state the date and time of the public hearing and the

methods of means of participation whether in person, virtually, and/or by submission of written

comments.

     (d) The chief executive officer of a city, town, or fire district shall have the power to, by

executive order, extend, move, or continue any and all budget adoption procedures, including the

date of any financial town meeting or financial town referendum, as set forth in any city, town, or

fire district charter, until such time as the declared state or municipal emergency is lifted or expires.

     (e) Any tax levy adopted pursuant to sections subsection (b)(1) or (b)(2) of this section

shall be subject to all of the provisions of chapter 35 of title 44.


 

 

 

151)

Section

Add Chapter Numbers:

 

45-2-5.2

30 and 32

 

 

45-2-5.2. Prudence Island school foundation.

     Notwithstanding any provision of the general laws to the contrary, including, but not

limited to, the provisions of § 45-2-6, the town council of the town of Portsmouth is hereby

authorized and permitted to exercise its discretion to give, grant, bargain, sell, transfer and/or

convey to the Prudence Island School Foundation, all of its right, title, and interest in and to those

certain lots or parcels of land, including and together with all buildings and improvements located

thereon, situated on Prudence Island in the town of Portsmouth, Rhode Island, within the plat

entitled "Plat of Prudence Park" and numbered as Lots 824, 825, 826 and 827 as recorded in the

office of the Portsmouth Land Evidence Records in Plan Book 1 on pages 2 and 3 and on pages 6

and 7 (the "property") to the Prudence Island School Foundation, a Rhode Island nonprofit

corporation, subject to those rights of reversion set forth in the deed recorded on July 2, 1896, in

Book 20 on Page 403 and the deed recorded on November 26, 1997, in Book 516 on Page 114 of

the Portsmouth Land Evidence Records, if the property shall cease to be used for educational

purposes.


 

 

 

152)

Section

 Add Chapter Numbers:

 

45-2-67

29 and 36

 

 

45-2-67. Town of South Kingstown -- Municipal court.

     (a) The town council of the town of South Kingstown may establish a municipal court

and confer upon that court original jurisdiction, notwithstanding any other provisions of the

general laws, to hear and determine causes involving the violation of any ordinance; provided,

however, that any defendant found guilty of any offense, excluding violations outlined in

subsection (b) of this section, may, within seven (7) days of conviction, file an appeal from the

conviction to the Washington County superior court and be entitled in the latter court to a trial de

novo.

     (b) The town council of the town of South Kingstown may establish a municipal housing

court and confer upon the court original jurisdiction, notwithstanding any other provisions of the

general laws, to hear and determine causes involving the violation of the zoning ordinances of the

town and any violation of the provisions of chapter 24 of this title (the Rhode Island zoning

enabling act of 1991); any violation of chapter 24.1 of this title (the historical zoning act); any

violation of chapter 24.2 of this title (minimum housing standards act); any violation of chapter

24.3 of this title (housing maintenance and occupancy code); any violation of chapter 23 of this

title (subdivision and land development act); any violation of any local South Kingstown

ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of

chapter 27.3 of title 23 (the Rhode Island state building code); and any violation of the provisions

of those regulations promulgated by the state building code commission entitled SBC-1 Rhode

Island state building code; SBC-2 Rhode Island state one and two (2) family dwelling code; SBC-

3 Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode

Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state

energy conservation code; and SBC-19 Rhode Island state fuel and gas code; and provided,

further, that any party aggrieved by a final judgment, decree, or order of the South Kingstown

housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an

appeal to the Washington County superior court and be entitled in the latter court to a trial de

novo.

     (c) With respect to violations falling under the jurisdiction of the South Kingstown

housing court, as outlined in subsection (b) of this section, the town council may also confer upon

the housing court, in furtherance of the court's jurisdiction, the power to proceed according to

equity:

     (1) To restrain, prevent, enjoin, abate, or correct a violation;

     (2) To order the repair, vacating, or demolition of any dwelling existing in violation;

     (3) To otherwise compel compliance with all of the provisions of those ordinances,

regulations, and statutes; and

     (4) To order a dwelling into receivership and to order the removal of any cloud on the

title to the building or property that shall be binding upon all those claiming by, through, under,

or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

     (d) The town council of the town of South Kingstown is authorized and empowered to

appoint a judge and clerk of the municipal court. The town council of the town of South

Kingstown is also authorized to appoint a judge and clerk of the housing court, who may be, but

is not required to be, the same person(s) holding the judgeship over the municipal court. The town

council is authorized and empowered to enact ordinances governing the personnel, operation, and

procedure to be followed in the court and to establish a schedule of fees and costs and to

otherwise provide for the operation and management of the court. The municipal court may

impose a fine not in excess of five hundred dollars ($500) for each offense. The court is

empowered to administer oaths, compel the attendance of witnesses, and punish persons for

contempt.


 

 

 

153)

Section

Amend Chapter Numbers:

 

45-3-4

14 and 19

 

 

45-3-4. Meetings other than elective.

     Town meetings, other than annual or biennial meetings, shall be held at the times that are,

or may be, by the Constitution or by law required, or may be called in the manner provided in this

chapter. Notwithstanding any provision of any state law or municipal charter provision to the

contrary, whenever a state or local emergency is declared pursuant to §§ 30-15-9 and 30-15-12(b)

that prevents a city, town, or fire district from conducting a town or district meeting pursuant to

this chapter, except for a meeting pursuant to § 45-3-1, the governing body of any city, town, or

fire district may provide, by resolution, for the convening of a town or district meeting by remote,

electronic, virtual or other means; provided, that the governing body finds that the convening of a

town meeting would jeopardize the public health or safety of persons within the city, town, or fire

district.


 

 

 

154)

Section

Add Chapter Numbers:

 

45-19.1-4

62 and 69

 

 

45-19.1-4. Conclusive presumption.

     (a) Any type of cancer found in a firefighter is conclusively presumed to be an occupational

cancer as that term is defined in § 45-19.1-2.

     (b) This conclusive presumption shall not apply to firefighters hired after the effective date

of this section in the following situations:

     (1) If a physical examination was conducted at the time the firefighter was hired and such

the examination revealed that person had cancer; or

     (2) If the firefighter has completed less than two (2) years of employment with their his or

her fire department; or

     (3) If the firefighter has regularly or habitually used tobacco products during the five (5)

years prior to any diagnosis of cancer.

     (c) The provisions of this section shall apply retroactively to all cancer-related illnesses,

injuries, and disability claims pending on or after the effective date.


 

 

 

155)

Section

Amend Chapter Numbers:

 

45-21.2-9

62 and 69

 

 

45-21.2-9. Retirement for accidental disability.

     (a) Any member in active service, regardless of length of service, is entitled to an accidental

disability retirement allowance. Application for the allowance is made by the member or on the

member's behalf, stating that the member is physically or mentally incapacitated for further service

as the result of an injury or illness sustained while in the performance of duty and

certifying to the time, place, and conditions of the duty performed by the member that resulted

in the alleged disability and that the alleged disability was not the result of the willful negligence

or misconduct on the part of the member, and was not the result of age or length of service, and

that the member has not attained the age of sixty-five (65). The application shall be made within

eighteen (18) months of the alleged accident from which the injury has resulted in the member's

present disability and shall be accompanied by an accident report and a physician's report certifying

to the disability. If the member was able to return to his or her employment and

subsequently reinjures or aggravates the same injury or illness, the member shall make another

application within eighteen (18) months of the reinjury or aggravation which that shall be

accompanied by a physician's report certifying to the reinjury or aggravation causing the disability.

If a medical examination made by three (3) physicians engaged by the retirement board, and

other investigations as the board may make, confirms the statements made by the member,

the board may grant the member an accidental disability retirement allowance.

     (b) For the purposes of subsection (a), "aggravation" shall mean an intervening work-

related trauma that independently contributes to a member's original injury or illness that amounts

to more than the natural progression of the preexisting disease or condition and

is not the result of age or length of service. The intervening independent trauma causing the

aggravation must be an identifiable event or series of work-related events that are the proximate

cause of the member's present condition of disability.

     (c) "Occupational cancer", as used in this section, means a cancer arising out of

employment as a fire fighter, due to injury or illness due to exposures to smoke, fumes, or

carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in

the fire department.

     (d) For purposes of subsection (a), "reinjury" shall mean a recurrence of the original work-

related injury or illness from a specific ascertainable event. The specific event must be the

proximate cause of the member's present condition of disability.

     (e) Any fire fighter, including one employed by the state, or a municipal firefighter

employed by a municipality that participates in the optional retirement for police officers and fire

fighters as provided in this chapter, who is unable to perform his or her duties in the fire department

by reason of a disabling occupational cancer (as defined in §§ 45-19.1-2 and45-19.1-4) 

that develops or manifests itself during a period while the fire fighter is in the service of the

department, and any retired member of the fire force of any city or town who develops occupational

cancer, (as defined in §§ 45-19.1-2 and 45-19.1-4) is entitled to receive an occupational cancer disability

and he or she is entitled to all of the benefits provided for in this chapter, chapters 19, 19.1, and 21 of

this title and chapter 10 of title 36 if the fire fighter is employed by the state.

     (f) In the event that any party is aggrieved by the determination of the retirement board

pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may

submit an appeal to the Rhode Island workers' compensation court. The appellant shall file a notice

of appeal with the retirement board and with the workers' compensation court within

twenty (20) days of the entry of the retirement board's decision and shall serve a copy of

the notice of appeal upon the opposing party.

     (g) Within twenty (20) days of the receipt of the notice of appeal, the retirement board shall

transmit the entire record of proceedings before it, together with its order, to the workers'

compensation court.

     (h) In the event that a party files a notice of appeal to the workers' compensation court, the

order of the retirement board shall be stayed pending further action by the court pursuant to the

provisions of § 28-35-20.

     (i) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and

shall issue a notice at the time advising the parties of the judge to whom the case has been assigned

and the date for pretrial conference in accordance with § 28-35-20.

     (j) All proceedings filed with the workers' compensation court pursuant to this section shall

be de novo and shall be subject to the provisions of chapters 29 -- 38 of title 28 for all case

management procedures and dispute resolution processes, as provided under the rules of workers'

compensation court. The workers' compensation court shall enter a pretrial order in accordance

with § 28-35-20(c) that grants or denies, in whole or in part, the relief sought by the petitioner.

The pretrial order shall be effective upon entry and any payments ordered by it shall be paid

within fourteen (14) days of the entry of the order. Provided, however, that in the event that the

retirement board files a claim for trial of the pretrial order entered by the court, the order of the

court shall be stayed until a final order or decree is entered by the court. If after trial and the

entry of a final decree the court sustains the findings and orders entered in the pretrial order, the

retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial

order was entered until the time the final decree is entered by the court. Where the matter has been

heard and decided by the workers' compensation court, the court shall retain jurisdiction to review

any prior orders or decrees entered by it. Such The petitions to review shall be filed directly

with the workers' compensation court and shall be subject to the case management and dispute

resolution procedures set forth in chapters 29 -- 38 of title 28 ("Labor and Labor Relations").

     (k) If the court determines that a member qualifies for accidental disability retirement, the

member shall receive a retirement allowance equal to sixty-six and two-thirds percent (66 2/3%)

of the rate of the member's compensation at the date of the member's retirement, subject to the

provisions of § 45-21-31.


 

 

 

156)

Section

Amend Chapter Numbers:

 

45-24-56

23 and 49

 

 

45-24-56. Administration -- Zoning board of review -- Establishment and

procedures.

     (a) A zoning ordinance adopted pursuant to this chapter shall provide for the creation of a

zoning board of review and for the appointment of members, including alternate members, and

for the organization of the board, as specified in the zoning ordinance, or, in cities and towns with

home rule or legislative charters, as provided in the charter. A zoning ordinance may provide for

remuneration to the zoning board of review members and for reimbursement for expenses

incurred in the performance of official duties. A zoning board of review may engage legal,

technical, or clerical assistance to aid in the discharge of its duties. The board shall establish

written rules of procedure,; a mailing address to which appeals and correspondence to the zoning

board of review are sent,; and an office where records and decisions are filed.

     (b) The zoning board of review consists of five (5) members, each to hold office for the

term of five (5) years; provided, that the original appointments are made for terms of one, two (2),

three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two

(2) alternates to be designated as the first and second alternate members, their terms to be set by

the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively

participate in hearings. The first alternate shall vote if a member of the board is unable to serve at

a hearing and the second shall vote if two (2) members of the board are unable to serve at a

hearing. In the absence of the first alternate member, the second alternate member shall serve in

the position of the first alternate. No member or alternate may vote on any matter before the

board unless they have attended all hearings concerning that matter. Where not provided for in

the city or town charter, the zoning ordinance shall specify procedures for filling vacancies in

unexpired terms of zoning board members, and for removal of members for due cause.

     (c) Notwithstanding the provisions of subsection (b), the zoning board of review of the

town of Jamestown consists of five (5) members, each to hold office for the term of five (5)

years; provided, that the original appointments are made for terms of one, two (2), three (3), four

(4) and five (5) years respectively. The zoning board of review of the town of Jamestown also

includes three (3) alternates to be designated as the first, second, and third alternate members,

their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members

shall sit and may actively participate in hearings. The first alternate shall vote if a member of the

board is unable to serve at a hearing; the second shall vote if two (2) members of the board are

unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable

to serve at a hearing. In the absence of the first alternate member, the second alternate member

shall serve in the position of the first alternate. No member or alternate may vote on any matter

before the board unless they have attended all hearings concerning that matter. Where not

provided for in the town charter, the zoning ordinance shall specify procedures for filling

vacancies in unexpired terms of zoning board members, and for removal of members for due

cause.

     (d) Members of zoning boards of review serving on the effective date of adoption of a

zoning ordinance under this chapter are exempt from the provisions of this chapter respecting

terms of originally appointed members until the expiration of their current terms.

     (e) The chairperson, or in his or her absence, the acting chairperson, may administer

oaths and compel the attendance of witnesses by the issuance of subpoenas.

     (f) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Little Compton shall consist of five (5) members, each to hold office for

the term of five (5) years. The zoning board of review for the town of Little Compton shall also

include three (3) alternates to be designated as the first, second and third alternate members, their

terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall

sit and may actively participate in the hearings. The first alternate shall vote if a member of the

board is unable to serve at a hearing; the second shall vote if two (2) members of the board are

unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable

to serve at a hearing. In the absence of the first alternate member, the second alternate member

shall serve in the position of the first alternate. No member or alternate may vote on any matter

before the board unless they have attended all hearings concerning that matter. Where not

provided for in the town charter, the zoning ordinance shall specify procedures for filling

vacancies in unexpired terms of zoning board members, and for removal of members for due

cause.

     (g) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Charlestown shall consist of five (5) members, each to hold office for the

term of five (5) years. The zoning board of review for the town of Charlestown shall also include

three (3) alternates to be designated as the first, second, and third alternate members, their terms

to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and

may actively participate in the hearings. The first alternate shall vote if a member of the board is

unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to

serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at

a hearing. In the absence of the first alternate member, the second alternate member shall serve in

the position of the first alternate. No member or alternate may vote on any matter before the

board unless they have attended all hearings concerning that matter. Where not provided for in

the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired

terms of zoning board members, and for removal of members for due cause.

     (h) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Scituate shall consist of five (5) members, each to hold office for the term

of five (5) years. The zoning board of review for the town of Scituate shall also include three (3)

alternates to be designated as the first, second and third alternate members, their terms to be set

by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may

actively participate in the hearings. The first alternate shall vote if a member of the board is

unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to

serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at

a hearing. In the absence of the first alternate member, the second alternate member shall serve in

the position of the first alternate. No member or alternate may vote on any matter before the

board unless they have attended all hearings concerning that matter. Where not provided for in

the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired

terms of zoning board members, and for removal of members for due cause.

     (i) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review of the town of Middletown shall consist of five (5) members, each to hold office for a

term of five (5) years. The zoning board of review of the town of Middletown shall also include

three (3) alternates to be designated as the first (1st), second (2nd) and third (3rd) alternate

members, their terms to be set by ordinance but not to exceed (5) years. These alternate members

shall sit and may actively participate in the hearing. The first alternate shall vote if a member of

the board is unable to serve at the hearing; the second alternate shall vote if two (2) members of

the board are unable to serve at the hearing; and the third alternate shall vote if three (3) members

of the board are unable to serve at the hearing. In the absence of the first alternate member, the

second alternate member shall serve in the position of the first alternate. No member or alternate

may vote on any matter before the board unless they have attended all hearings concerning that

matter. Where not provided for in the town charter the zoning ordinance shall specify procedures

for filling vacancies in unexpired terms of zoning board members and for removal of members

for due cause.

     (j) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review of the city of Cranston shall consist of five (5) members, each to hold office for a term of

five (5) years. The zoning board of review of the city of Cranston shall also include four (4)

alternates to be designated as the first (1st), second (2nd), third (3rd), and fourth (4th), alternate

members, to be appointed for a term of one year. These alternate members shall sit and may

actively participate in all zoning hearings. The first alternate shall vote if a member of the board

is unable to serve at the hearing; the second alternate shall vote if two (2) members of the board

are unable to serve at the hearing; the third alternate shall vote if three (3) members of the board

are unable to serve at the hearing; and the fourth alternate shall vote if four (4) members of the

board are unable to serve at the hearing. In the absence of the first alternate member, the second

alternate member shall serve in the position of the first alternate. No member or alternate may

vote on any matter before the board unless they have attended all hearings concerning that matter.

Where not provided for in the city charter, the zoning ordinance shall specify procedures for

filling vacancies during the unexpired terms of zoning board members and for removal of

members for due cause.

     (k) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Barrington shall consist of five (5) members, each to hold office for a term

of five (5) years. The zoning board of review for the town of Barrington shall also include three

(3) alternates to be designated as the first, second, and third alternate members, their terms are to

be set by ordinance but not to exceed five (5) years. These alternate members shall sit and may

actively participate in the hearing. The first alternate member shall vote if a member of the board

is unable to serve at the hearing; the second alternate shall vote if two (2) members of the board

are unable to serve at the hearing; and the third alternate member shall vote if three (3) members

of the board are unable to serve at the hearing. In the absence of the first alternate member, the

second alternate member shall serve in the position of the first alternate. No member or alternate

may vote on any matter before the board unless they have attended all the hearings concerning

that matter. Where not provided for in the town charter, the zoning ordinance shall specify

procedures for filling vacancies in unexpired terms of zoning board members, and for removal of

members for due cause.


 

 

 

157)

Section

Add Chapter Numbers:

 

45-24.1-23

45 and 56

 

 

45-24.1-23. Preservation of historic structures in Cumberland.

     In addition to all other powers granted by the provisions of this chapter, the town of

Cumberland is authorized by ordinance to establish, upon recommendation of its historic district

commission, a list of specified buildings or structures which that are deemed to be of historic or

architectural value, and, from time to time, to add or delete from the list by ordinance, and to require

that demolition of properties on said the list be delayed for a period of time as authorized by ordinance

to provide time to evaluate prescribed alternatives to demolition.


 

 

 

158)

Section

Amend Chapter Numbers:

 

45-24.2-5

76 and 77

 

 

45-24.2-5. Housing board of review.

     (a) The city and town councils authorized to adopt standards relating to minimum housing

may provide for the selection and organization of a housing board of review consisting of five (5)

members; provided, that in the case of the housing board of review of the city of Providence, there

shall be seven (7) members, five (5) of whom shall be appointed by the mayor and two (2) of whom

shall be members of the city council elected by the city council from its members to serve

for a term ending the first Monday in January, 1975, and, thereafter, to be elected for a term of

four (4) years; and provided, further, that in the case of the housing board of review of the town of

Westerly there shall be three (3) members, with two (2) members constituting a quorum. The city

and town councils are authorized to designate the board of appeals as the housing board of

review in the cities and towns where these boards of appeal now exist or may be authorized by law.

The chairperson or, in the chairperson's absence, the acting chairperson, may administer oaths and

compel the attendance of witnesses. All hearings of the board are open to the public.

     (b) Any housing board of review established pursuant to this chapter is governed by the

following procedure:

     (1) The board shall keep minutes of its proceedings, showing the vote upon each question,

and shall keep records of its decisions and findings and the reasons therefor, and of its examinations

and other official actions, all of which shall be filed immediately in the office of the

board and are a public record.

     (2) Appeals to the board may be taken by any person upon whom a compliance order has

been issued by the enforcing officer. The period in which the appeal may be taken shall be

prescribed by ordinance or by the rules of the board. The appeals shall be filed with the board and

shall specify the grounds of the appeal. The board shall immediately transmit a copy of the appeal

to the enforcing officer. Upon receipt by the enforcing officer of the appeal, he or she shall

immediately transmit to the board all the papers constituting the record upon which the compliance

order was based.

     (3) An appeal shall stay all proceedings in furtherance of the action appealed from unless

the enforcing officer from whom the appeal is taken certifies to the board, after notice of the appeal

has been transmitted to the officer, that, by reason of facts stated in the certificate, a stay

would, in his or her opinion, cause a serious hazard or immediate peril to the health or safety of

the occupants of a dwelling or of the public. In that case proceedings shall not be stayed except

by a restraining order which may be granted by a court of competent jurisdiction on application and

upon notice of the enforcing officer from whose order the appeal is taken and on due cause

shown.

     (4) The board shall fix a reasonable time for the hearing of the appeal, give due notice to

the party making the appeal and the enforcing officer, and decide the appeal within a reasonable

time. At the hearing any party may appear in person or by agent or attorney.

     (c) The housing board of review has the following powers:

     (1) The housing board of review has the power to hear and decide appeals where it is

alleged that there is error in any order, requirement, decision, or determination made by an

enforcing officer in the enforcement of this chapter or any ordinance, rule, or regulation adopted

pursuant to the authority of this chapter.

     (2) Where, by reason of an extraordinary and exceptional condition or situation unique to

the property involved, the strict application of any ordinance, rule, or regulation adopted pursuant

to the authority of this chapter would result in peculiar and exceptional difficulties to, or exceptional

and undue hardship upon, the person upon whom a compliance order has been issued,

the housing board of review has the power to vary from this strict application to the least extent

necessary to relieve difficulties or hardship; provided, that relief may be granted without

substantial detriment to public health, safety, morals, and general welfare, and without substantial

impairment of the intent and purpose of the ordinance, rule, or regulation.

     (3) In exercising the powers established by this section, the board may, in conformity with

the provisions of this chapter, reverse or affirm, wholly or partly, or may modify any order,

requirement, decision, or determination of the enforcing officer, and may make an order,

requirement, decision, or determination that ought to be made, and to that end has all the powers

of the enforcing officer from whom the appeal was taken.

     (4) In order to hear an appeal, a quorum of three (3) members of the board must be present.

A concurring vote of a majority of the members of the board present at the hearing is necessary to

reverse or modify any order or decision of the enforcing officer and to authorize a variance or

modification in the application of any provisions of any ordinance, rule, or regulation adopted

pursuant to the authority of this chapter. In the event of a tie vote, the order of the enforcing officer

is deemed to be sustained. Except as provided in § 45-24.2-6 of this chapter, the findings of

the board are conclusive with respect to questions of fact and may be reviewed only as to

questions of law.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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