Chapter 310
2009 -- H 5121 SUBSTITUTE A
Enacted 11/13/09
A N A C T
RELATING TO STATUTES AND STATUTORY CONSTRUCTION
Introduced By: Representative Gordon D. Fox
Date Introduced: January 21, 2009
It is enacted by the
General Assembly as follows:
SECTION
1. Section 5-38-1 of the General Laws in Chapter 5-38 entitled "Automobile
Body Repair Shops" is
hereby amended to read as follows:
5-38-1.
"Automobile body shop" defined. -- Automobile body shop,
referred to as
"auto body shop", includes any
establishment, garage, or work area enclosed within a building
where repairs are made or caused to be made to motor
vehicle bodies, including fenders,
bumpers, chassis and similar components of motor
vehicle bodies as distinguished from the
chassis,
seats, motor, transmission, and other accessories for propulsion and general
running gear
of motor vehicles, except as provided in section
5-38-20.
SECTION
2. Section 6-51-3 of the General Laws in Chapter 6-51 entitled "The Rhode
6-51-3. Default,
notice, right to cure, reinstatement. -- (a) The default provisions of
a
consumer automobile lease or automobile loan agreement
are enforceable only to the extent that:
(1) The consumer does
not make one or more payments required by the lease or loan
agreement; or
(2) The lessor or secured party establishes that the prospect of
payment, performance or
realization of the lessor's
or secured party's interest in the automobile is significantly impaired.
(b) After a default
under an automobile lease or loan agreement by the consumer the
lessor or secured party may not accelerate, take judicial
action to collect, or repossess the
automobile until the lessor
or secured party gives the consumer the notice required by this section
and the consumer does not cure the default in the time
allowed under this section. A lessor or
secured party may initiate a procedure to cure by
sending to the consumer, at any time after the
consumer has been in default for ten (10) days, a
notice of the right to cure the default. Said
notice shall be delivered via certified mail, return
receipt requested, or via first class mail, at the
consumer's address last known to the lessor or secured party. The time when notice is given
shall
be deemed to be upon actual delivery of the notice to
the consumer or three (3) business days
following the mailing of the notice to the consumer at
the consumer's address last known to the
lessor or secured party.
(c) The notice shall be
in writing and shall conspicuously state the rights of the consumer
upon default in substantially the following form:
The heading shall read:
"Rights of Defaulting consumer under Rhode Island General
Laws." The body of the notice shall read:
"You may cure your default in (describe automobile
lease or loan agreement in a manner enabling the
consumer to identify it) by paying to (name and
address of lessor or secured
party) (amount due) before (date which is at least twenty-one (21)
days after notice is delivered). If you pay this
amount within the time allowed you are no longer
in default and may continue with the automobile (lease
or loan) agreement as though no default
has occurred.
If you do not cure your
default by the date stated above, (the lessor
or secured party)
may sue you to obtain a judgment for the amount of the
debt and may take possession of the
automobile.
If (the lessor or secured party) takes possession of the
automobile, you may get it back
by paying the full amount of your debt plus any
reasonable expenses incurred by (the lessor or
secured party) if you make the required payment
within twenty (20) days after (the lessor or
secured party) takes possession.
If (the secured
party) sells the vehicle repossessed from the consumer for an amount
exceeding the amount outstanding on the automobile
(loan) agreement including reasonable
expenses related to judicial action and or repossession,
the excess funds shall be returned
promptly to the defaulting consumer.
You have the right to
cure a default only once in any twelve (12) month period during
the period of the automobile (lease or loan)
agreement. If you default again within the next twelve
(12) months in making your payments, we may exercise
our rights without sending you another
right to cure notice. If you have questions, telephone
(name of lessor or secured party) at (phone
number)."
(d) Within the period for
cure stated in the notice under this section, the consumer may
cure the default by tendering the amount of all unpaid
sums due at the time of tender, including
any unpaid delinquency or default charges, but without
additional security deposit or prepayment
of period payments not yet due. Cure restores the
rights of the lessor or secured party and
consumer under the automobile loan or lease agreement
as if the default had not occurred.
(e) A consumer has the
right to cure only once in any twelve (12) month period during
the period of the automobile lease or loan agreement.
SECTION
3. Section 23-19-10 of the General Laws in Chapter 23-19 entitled "Rhode
Island Resource Recovery
Corporation" is hereby amended to read as follows:
23-19-10. General
powers and duties. -- The corporation shall have all of the powers
necessary and convenient to carry out and effectuate
the purposes and provisions of this chapter,
including but without limiting the generality of the
foregoing, the power to:
(1) Sue and be sued in
its own name;
(2) Have an official
seal and alter the same at pleasure;
(3) Have perpetual
succession;
(4) Maintain an office
at a place or places within the state as it may designate;
(5) Adopt and from time
to time amend and repeal bylaws, rules, and regulations, not
inconsistent with this chapter and in a manner
substantially similar to procedures set forth in the
Administrative Procedures Act as specified in chapter 35
of title 42, as amended, to carry into
effect the powers and purposes of the corporation and
the conduct of its business; and the bylaws,
rules, and regulations may contain provisions
indemnifying any person who is or was a
commissioner, officer, employee, or agent of the
corporation, in the manner and to the extent
provided in section 7-1.2-814 of the Business
Corporation Act;
(6) Elect or appoint
officers and employ a staff and fix their duties, qualifications, and
compensation;
(7) Engage the services
of consultants for rendering professional and technical assistance
and advice, and employ architects, engineers,
attorneys, accountants, construction, and financial
experts and any other advisors, consultants, and
agents that may be necessary in its judgment, and
to fix their compensation;
(8) Conduct any
hearings, examinations, and investigations that may be necessary and
appropriate to the conduct of its business and
purposes;
(9) Obtain access to
public records;
(10) Charge reasonable
fees for the services it performs and provides;
(11) Purchase, receive,
lease, or otherwise acquire, own, hold, improve, use, and
otherwise deal in and with, any project, including
real or personal property, or any interest
therein, wherever situated;
(12) Sell, convey,
mortgage, pledge, lease, exchange, transfer, and otherwise dispose of
all or any part of its property and assets for
consideration and upon terms and conditions that the
corporation shall determine;
(13) Make contracts and
guarantees and incur liabilities, and borrow money at rates of
interest that the corporation may find feasible;
(14) Make and execute
agreements of lease, conditional sales contracts, installment sales
contracts, loan agreements, mortgages, construction
contracts, operation contracts, and other
contracts and instruments necessary or convenient in
the exercise of the powers and functions of
the corporation granted by this chapter, which
contracts may include provisions for arbitration of
disputes;
(15) Lend money for its
purposes, invest and reinvest its funds, and at its option take and
hold real and personal property as security for the
payment of funds so loaned or invested;
(16) Acquire or contract
to acquire, from any person, firm, corporation, municipality, the
federal government, or the state, or any agency of
either the federal government or the state, by
grant, purchase, lease, gift, or otherwise, or obtain
options for the acquisition of any property, real
or personal, improved or unimproved, and interests in
land less than the fee thereof; and own,
hold, clear, improve, develop, and rehabilitate, and
sell, assign, exchange, transfer, convey, lease,
mortgage, or otherwise dispose of or encumber the same
for the purposes of carrying out the
provisions and intent of this chapter, for
consideration that the corporation shall determine;
(17) (i) Sell, mortgage, lease, exchange, transfer, or otherwise
dispose of or encumber
any of its projects, (or in the case of a sale to
accept a purchase money mortgage in connection
with the project) or grant options for any purposes
with respect to any real or personal property or
interest therein, all of the foregoing for the
consideration that the corporation shall determine.
Any lease by the corporation to another party may be
for that part of the corporation's property,
real or personal, for a period, upon terms or
conditions, with or without an option on the part of
the lessee to purchase any or all of the leased
property for consideration, at or after the retirement
of all indebtedness incurred by the corporation on
account thereof, as the corporation shall
determine;
(ii) Without limiting
the generality of the foregoing, the corporation is expressly
empowered to lease or sell any part of the real or
personal property owned or controlled by the
corporation to the state, or any department of the
state or to any municipality. The provisions of
this section or of any other laws of this state (other
than this chapter) restricting the power of the
state, its departments or any municipality, to lease
or sell property, or requiring or prescribing
publication of notice of the intention to lease or
sell, that would in any manner interfere with the
purpose of this section, which is to provide for the
mutual cooperation by and between the
corporation and the state, its departments, or any
municipality, to the fullest extent possible, are
not applicable to leases and sales made pursuant to
this section;
(18) Manage any
project, whether then owned or leased by the corporation, and enter
into agreement with the state or any municipality or
any person, firm, partnership, or corporation,
either public or private, for the purpose of causing
any project to be managed;
(19) Make plans,
surveys, studies, and investigations necessary or desirable, in
conformity with applicable provisions of the state
guide plan as promulgated and provided for by
the state planning agency, with the participation of
the state planning council with due
consideration to local plans and other state plans;
(20) Design or provide
for the design of the solid waste management facilities that the
corporation will construct or cause to be constructed,
as well as designs for the alteration,
reconstruction, improvement, enlargement, or extension
of the facilities;
(21) Construct or to
cause to be constructed solid waste transfer station facilities,
processing facilities, resource recovery facilities,
and ultimate disposal facilities and any other
solid waste management facilities that may be required
by the corporation for the conduct of its
activities as herein provided;
(22) Construct,
acquire, repair, develop, own, operate, maintain, extend, improve,
rehabilitate, renovate, equip, and furnish one or more
of its projects and make provision for their
management, and pay all or any part of the cost of one
or more of its projects from the proceeds
of the bonds and notes of the corporation or from any
contribution, gift, donation, or any other
funds made available to the corporation;
(23) Enter upon lands
and waters, upon giving due notice as may be necessary, to make
surveys, soundings, borings, and any other
examinations or tests as may be necessary to
accomplish the purposes of this chapter;
(24) Enter into
agreements or other transactions with and accept grants and the
cooperation of the federal government or any
instrumentality of the federal government in
furtherance of the purposes of this chapter,
including, but not limited to, the development,
maintenance, operation, and financing of any project,
and to do any and all things necessary in
order to avail itself of aid and cooperation;
(25) Receive and accept
bids or contributions from any source of money, property, labor,
or other things of value, to be held, used, and
applied to carry out the purposes of this chapter
subject to the conditions upon which the grants and
contributions may be made, including, but not
limited to, gifts or grants from any governmental
agency or instrumentality of the
the state, for any purpose consistent with this
chapter;
(26) Prepare or cause to
be prepared plans, specifications, designs, and estimates of costs
for the construction, reconstruction, rehabilitation,
improvement, alteration, or repair of any of its
projects, and from time to time to modify the plans,
specifications, designs or estimates;
(27) Provide advisory,
consultative, training, and educational services, technical
assistance and advice to any person, firm,
partnership, corporation, or municipality, whether they
are public or private, in order to carry out the
purposes of this chapter;
(28) Review all
municipal plans and proposals for the construction, or installation of
solid waste management facilities;
(29) Undertake and
promote the conduct of research into source separation and source
reduction techniques, facilities, and systems and into
other solid waste management areas for any
purpose consistent with this chapter; the corporation
shall consistent with regulations of the
department of environmental management adopt a
statewide plan for separation of solid waste at
the source of generation, at collection points or
transfer stations and the corporation and the
department of environmental management shall cooperate
on the implementation of a statewide
plan. The corporation, with the assistance of the
department of environmental management, will
submit an annual report on the status of separation of
solid waste in the state;
(30) Produce materials,
fuels, energy, and by-products in any form from the processing
of solid wastes by the system, facilities, and
equipment under its jurisdiction, and to receive funds
or revenues from their sale, and to deposit the funds
or revenues in a bank or banks;
(31) Borrow money and
issue revenue bonds and notes and provide for the rights of the
holders, for any of its purposes, including, without
limitation, the purpose of providing funds to
pay all or any part of the cost of any project and all
costs incident to any project, or for the
purpose of refunding any bonds or notes issued;
(32) Subject to the
provisions of any contract with noteholders or
bondholders, consent
to the modification, with respect to rate of interest,
time of payments or any installment of
principal or interest, security or any other term of
any mortgage, mortgage loan, mortgage loan
commitment, contract, or agreement of any kind to
which the corporation is a party;
(33) In connection with
the property on which it has made a mortgage loan, foreclose on
the property or commence an action to protect or
enforce any right conferred upon it by law,
mortgage, contract, or other agreement, and bid for
and purchase the property at any foreclosure
or any other sale, or acquire or take possession of
the property; and in that event the corporation
may complete, administer, pay the principal of or
interest on any obligations incurred in
connection with the property, dispose of and otherwise
deal with the property in a manner that
may be necessary or desirable to protect the interest
of the corporation;
(34) As security for
the payment of principal and interest on any bonds or notes or any
agreements made in connection therewith, mortgage and
pledge any or all of its projects and
property, whether then owned or thereafter acquired,
and pledge the revenues and receipts from
all or part thereof, and assign and pledge the leases,
sales contracts, or loan agreements or other
agreements on any portion or all of its projects and
property, and assign or pledge the income
received by virtue of the lease, sales contracts, loan
agreements, or other agreements;
(35) Invest any funds
of the corporation including funds held in reserve or sinking funds,
or any money not required for immediate use or
disbursement at the discretion of the corporation;
(36) Contract with the
federal government, other states, state agencies, and regional
authorities, as the corporation shall deem necessary
or convenient in carrying out the purposes of
this chapter;
(37) Be a promoter,
partner, member, associate, or manager of any partnership,
enterprise, or venture;
(38) Have and exercise
all powers necessary or convenient to effect its purposes;
(39) Insofar as the
provisions of this chapter are inconsistent with the common law or the
provisions of any other laws of this state, general or
special, restricting the power of any public
agency to enter into long term contracts which exceed
the term of the governing body of the
agency or its members, the provisions of this chapter
are controlling and the corporation shall be
deemed to have the power to enter into long term
contracts which extend beyond the terms of the
commissioners as may be considered necessary,
desirable, or convenient by the corporation;
provided, however, that prior to the execution of the
contract, the contract has been reviewed by
the auditor general;
(40) Control the
transportation, storage, and final disposal of all solid waste in the state
other than from sources owned or operated by the
federal government, including the final
disposal of solid waste in facilities owned, operated,
controlled, financed, or otherwise designated
by the corporation; provided, however, that the
corporation shall not be empowered to engage in
the transportation, transfer, or storage of solid
waste, other than at recycling facilities, except in
temporary situations where a municipality has
defaulted in its obligation under this act or in
conjunction with its activities at its disposal sites;
provided, however, that the corporation shall
not be empowered to take any action that would
adversely affect or impair the validity of rights
and obligations under any valid contract for the
disposal of municipal waste, which was in effect
on March 1, 1985, or any extension of the contract if
extension was approved by the corporation,
or the right of any municipality to continue the
operation of its own landfill until closure if the
landfill was in use by the municipality on December 1,
1986;
(41) Insofar as the
provisions of this chapter are inconsistent with the common law or the
provisions of any other laws of this state, general or
special restricting the power of any public
agency to enter into long term contracts which exceed
the term of the governing body of the
agency or its members, the provisions of this chapter
are controlling, and the corporation shall be
deemed to have the power to enter into any long term
contracts which extend beyond the terms of
the commissioners as may be considered necessary,
desirable, or convenient by the corporation;
(42) (41)
Undertake and promote continuing efforts to reduce the waste stream to the
extent practicable and economically feasible;
(43) (42)
To purchase, receive, lease, or otherwise acquire, own, hold, improve, use,
sell,
convey, and otherwise deal in and with real or
personal property, wherever situated; and
(44) (43)
Conduct a training course for newly appointed and qualified members and new
designees within six (6) months of their qualification
or designation. The course shall be
developed by the executive director of the
corporation, approved by the corporation, and
conducted by the executive director of the
corporation. The corporation may approve the use of
any corporation or staff members or other individuals
to assist with training. The training course
shall include instruction in the following areas: the
provisions of chapters 23-19, 42-46, 36-14,
and 38-2; and the corporation's rules and regulations.
SECTION
4. Section 23-23-29.5 of the General Laws in Chapter 23-23 entitled "Air
Pollution" is hereby
amended to read as follows:
23-23-29.5.
Enforcement. -- The responsibility and jurisdiction for enforcement of
sections 23-23-29.1 -- 23-23-29.4 shall be with state
and local law enforcement authorities,
including, but not limited to, state and local police
and parking enforcement personnel, the Rhode
Island department of environmental management and the department
division of
motor vehicles.
SECTION
5. Section 23-24.6-21 of the General Laws in Chapter 23-24.6 entitled
"Lead
Poisoning Prevention
Act" is hereby amended to read as follows:
23-24.6-21.
Laboratory testing and reporting requirement certification. -- (a)
Laboratory analyses of all clinical and environmental
media samples collected to demonstrate
compliance with this act chapter or with
regulations promulgated pursuant to this act chapter shall
only be conducted by a laboratory which has been
licensed or certified (as appropriate) by the
director pursuant to chapter 16.2 of this title
entitled "Laboratories."
(b) All laboratories
performing blood lead analyses on samples taken from children
under six (6) years of age shall report the results of
such analyses to the department in accordance
with regulations promulgated by the department.
(c) [Deleted by P.L.
2003, ch. 59, section 3 and by P.L. 2003, ch. 72, section 3.]
SECTION
6. Section 27-14.3-51 of the General Laws in Chapter 27-14.3 entitled
"Insurers'
Rehabilitation and Liquidation Act" is hereby amended to read as follows:
27-14.3-51.
Reopening liquidation. -- After the liquidation proceeding has been
terminated and the liquidator discharge discharged,
the commissioner or other interested party
may at any time petition the superior court for the
for good cause, including the discovery of additional
assets. If the court is satisfied that there is
justification for reopening, it shall order this.
SECTION
7. Section 27-44-6 of the General Laws in Chapter 27-44 entitled
"Casualty,
Liability and Fire and
Marine Insurance Rating" is hereby amended to read as follows:
27-44-6. Filing of
rates and other rating information. -- (a) Filings as to competitive
markets; file and use. - In a competitive market,
every insurer shall file with the director all rates
and supplementary rate information to be used in this
state. At the time the rates are filed, the
filing shall state the specific model(s) used
(catastrophic risk planning), and explain the manner in
which each model was used to determine the filed rate.
The rates and supplementary rate
information shall be filed at least thirty (30) days
prior to the proposed effective date. At the end
of that time, the rates may be used if no disapproval
order or request for supporting information
has been issued by the director. If the director finds
that an insurer's rates require closer review
because of an insurer's financial condition, or upon
any other grounds as the director may
consider harmful to the public interest including, but
not limited to, excessiveness, inadequacy, or
unfair discrimination, the director may request
supporting information as needed. If the director
requests the further information, the rates may not be
made effective until thirty (30) days after
the information has been received by the director.
(b) Filings as to
noncompetitive markets. - Nothing contained in this chapter shall be
construed to abrogate or supersede any statute or
regulation governing either classes of business
identified in section 27-44-3, or deemed
noncompetitive pursuant to the provisions of this
chapter. Those classes of business and noncompetitive
markets shall have rates established
pursuant to the standards and procedures applicable
under chapters 6, 7.1, 9, 19, and 20 of this
title, and chapter 62 of title 42.
(c) Requirement of
director. - Rates shall be filed in the form and manner prescribed by
the director.
(d) Rating
organization. - Any insurer may discharge its obligation under this section by
giving notice to the director that it uses rates and
supplementary rate information prepared and
filed by a designated rating organization of which it
is a member or subscriber. The insurer's rates
and supplementary rate information shall be those
filed by the rating organization, including any
amendments, subject to modifications filed by the
insurer.
(e) Consent to rate. -
Upon the written consent of the insured, stating the reasons for
consent and filed with the director, a rate in excess
of that provided by an otherwise applicable
filing may be used on any specific risk. A rate
greater than that applicable to the insured under a
residual market mechanism may not be used unless
approved by the director.
(f) Filings open to
inspection. - All rates, supplementary rate information, and any
supporting information for rates filed under this act
shall, as soon as filed, shall be open to public
inspection at any reasonable time. Copies may be
obtained by any person on request and upon
payment of a reasonable charge.
SECTION
8. Section 27-49-3.1 of the General Laws in Chapter 27-49 entitled "Motor
Vehicle Theft and Motor
Vehicle Insurance Fraud Reporting - Immunity Act" is hereby amended
to read as follows:
27-49-3.1.
Disclosure of personal information obtained in connection with motor
vehicle records. -- (a) Purpose. - The purpose of this section is to
implement the federal Driver's
Privacy Protection Act of 1994 ("DPPA"), 18
U.S.C. section 2721 et seq.
(b) Definitions. - As
defined in 18 U.S.C. section 2725, the following definitions apply
to this section:
(1) "Motor vehicle
record" means any record that pertains to a motor vehicle operator's
permit, motor vehicle title, motor vehicle
registration, or identification card issued by the
department of motor vehicles;
(2) "Person"
means an individual, organization, or entity, but does not include a state or
agency of a state; and
(3) "Personal
information" means information that identifies an individual, including an
individual's photograph, social security number,
driver identification number, name, address (but
not the 5 digit zip code), telephone number, and
medical or disability information, but does not
include information on vehicular accidents, driving
violations, and driver's status.
(c) Prohibition on release
and use of certain personal information from state motor
vehicle records.
(1) In general. -
Except as provided in subdivision (2) of this section, the division of
motor vehicles, and any officer, employee, or
contractor of the division, shall not knowingly
disclose or make available to any person or entity
personal information about any individual
obtained by the division in connection with a motor
vehicle record.
(2) Permissible uses. -
Personal information referred to in subdivision (1) of this section
shall be disclosed for use in connection with matters
of motor vehicle or driver safety and theft,
motor vehicle emissions, motor vehicle product
alterations, recalls, or advisories, performance
monitoring of motor vehicles and dealers by motor
vehicle manufacturers, and removal of
nonowner records from the original owner records of motor
vehicles manufacturers to carry out
the purposes of the Automobile Information Disclosure
Act, 15 U.S.C. section 1231 et seq., the
Motor Vehicle Information and Cost Saving Act (see now
49 U.S.C. section 32101 et seq.), the
National Traffic and Motor Vehicle Safety Act of 1966
(see now 49 U.S.C. section 30101 et
seq.), and Anti-Car Theft Act of 1992 (see now 49
U.S.C. section 32101 et seq.), and the Clean
Air Act, 42 U.S.C. section 7401 et seq., and may be
disclosed as follows:
(i)
For use by any government agency, including any court or law enforcement
agency,
in carrying out its functions, or any private person
or entity acting on behalf of a federal, state, or
local agency in carrying out its functions.
(ii) For use in
connection with matters of motor vehicle or driver safety and theft; motor
vehicle emissions; motor vehicle product alterations, recalls
or advisories; performance
monitoring of motor vehicles, motor vehicle parts and
dealers; motor vehicle market research
activities, including survey research; and removal of nonowner records from the original owner
records of motor vehicle manufacturers.
(iii) For use in the
normal course of business by a legitimate business or its agents,
employees, or contractors, but only:
(A) To verify the
accuracy of personal information submitted by the individual to the
business of its agents, employees, or contractors, and
(B) If the information
as submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purposes of
preventing fraud by pursuing legal remedies
against, or recovering on a debt or security interest
against, the individual.
(iv) For use in
connection with any civil, criminal, administrative, or arbitral proceeding
in any federal, state, or local agency or before any
self-regulatory body, including the service of
process, investigation in anticipation of litigation,
and the execution or enforcement of judgments
and orders, or pursuant to an order of a federal,
state, or local court.
(v) For use in research
activities, and for use in producing statistical reports, so long as
the personal information is not published, redisclosed, or used to contact the individuals.
(vi) For use by any
insurer or insurance support organization, or by a self-insured entity,
or its agents, employees, or contractors in connection
with claims investigation activities, anti-
fraud activities, rating or underwriting.
(vii) For use in
providing notice to the owners of towed or impounded vehicles.
(viii) For use by any
licensed private investigative agency or licensed security service for
any purpose permitted under this subsection.
(ix) For use by an
employer or its agent or insurer to obtain or verify information relating
to a holder of a commercial driver's license that is
required under the Commercial Motor Vehicle
Safety Act of 1986 (see now 49 U.S.C. section 31301 et
seq.).
(x) For use in
connection with the operation of private toll transportation facilities.
(xi) For any other use
in response to a request for individual motor vehicle records,
unless that use is prohibited by the individual.
(xii) For bulk
distribution for surveys, marketing or solicitations, provided that the
information will be used, rented or sold solely for
bulk distribution for surveys, marketing, and
solicitations and that surveys, marketing, and
solicitations will not be directed at those individuals
who have requested in a timely fashion that they not
be directed at them.
(3) Notice. - The
division of motor vehicles shall provide in a clear and conspicuous
manner on forms for issuance or renewal of operators
permits, titles, registrations or identification
cards, notice that personal information collected by
the division may be disclosed to any business
or person and provide in a clear and conspicuous
manner on the forms an opportunity to prohibit
the disclosures; provided, that social security
numbers and medical or disability information shall
not be subject to disclosure under this chapter.
SECTION
9. Section 27-54-3 of the General Laws in Chapter 27-54 entitled
"Insurance
Fraud Prevention Act"
is hereby amended to read as follows:
27-54-3.
Investigations. -- (a) Pursuant to chapter 13.1 of this title, the
director or the
director's designee may conduct investigations as he
or she deems necessary in order to ascertain
whether any person has violated or is violating any
provision of this chapter.
(b) Whenever the
director or the director's designee has reason to believe that a provision
of this chapter has been violated, he or she may
report the violation of law to the attorney general
who may bring an action in the court of appropriate
jurisdiction. Within one hundred twenty
(120) days of receipt of the director's deport report,
the attorney general shall inform the director
or the director's designee as to the status of the
reported violations. Where the affected insurer has
become the subject of a court order for conservation,
rehabilitation or liquidation, the director or
the director's designee may also refer the matter to
the receiver for action under section 27-54-2.
SECTION
10. Section 27-66-21 of the General Laws in Chapter 27-66 entitled "The
Health Insurance
Conversions Act" is hereby amended to read as follows:
27-66-21. Failure
to comply -- Penalties. -- If any person knowingly violates or fails to
comply with any provision of this chapter or willingly
or knowingly gives false or incorrect
information:
(1) The director may,
after notice and opportunity for a prompt and fair hearing to the
applicant or licensee, deny, suspend or revoke a
license, or to take corrective action necessary to
secure compliance under this chapter; or
(2) The superior court may,
after notice and opportunity for a prompt and fair hearing,
may impose a fine of not more than one hundred
thousand dollars ($100,000) or impose a prison
term of not more than five (5) years.
SECTION
11. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled
"Adjudication of
Traffic Offenses" is hereby amended to read as follows:
31-41.1-4.
Schedule of violations. -- (a) The penalties for violations of the
enumerated
sections, listed in numerical order, correspond to the
fines described. However, those offenses for
which punishments which may vary according to the
severity of the offense, or punishment which
require the violator to perform a service, shall be
heard and decided by the traffic tribunal or
municipal court. The following violations may be handled
administratively through the method
prescribed in this chapter. This list is not exclusive
and jurisdiction may be conferred on the
traffic tribunal with regard to other violations.
VIOLATIONS SCHEDULE
8-8.2-2 DOT, DEM, or
other agency and department $85.00
violations
24-10-17 Soliciting
rides in motor vehicles 85.00
24-10-18 Backing up
prohibited 85.00
24-10-20 Park and ride
lots 85.00
24-12-37 Nonpayment of
toll 100.00
31-3-12 Visibility of
plates 85.00
31-3-18 Display of
plates 85.00
31-3-32 Driving with
expired registration 85.00
31-3-34 Failure to
notify division of change of address 85.00
31-3-35 Notice of change
of name 85.00
31-3-40 Temporary plates
- dealer issued 85.00
31-4-3 Temporary
registration - twenty (20) day bill of 85.00
sale
31-10-10 Rules as to
armed forces license 85.00
31-10-30 Driving on
expired license 85.00
31-10-32 Notice of
change of address 85.00
31-10.1-4 No motorcycle
helmet (operator) 85.00
31-10.1-5 Motorcycle
handlebar violation 85.00
31-10.1-6 No motorcycle
helmet (passenger) 85.00
31-10.1-7 Inspection of
motorcycle required 85.00
31-12-12 Local motor
vehicle ordinance 85.00
31-13-04 Obedience to
devices 85.00
31-13-6(3)(i) Eluding traffic light 85.00
31-13-09 Flashing
signals 85.00
31-13-11 Injury to signs
or devices 85.00
31-14-1 Reasonable and
prudent speed 95.00
31-14-03 Condition
requiring reduced speed 95.00
31-14-09 Below minimum
speed 95.00
31-14-12 Speed limit on
bridges and structures 95.00
31-15-1 Leaving lane of
travel 85.00
31-15-2 Slow traffic to
right 85.00
31-15-3 Operator left of
center 85.00
31-15-4 Overtaking on
left 85.00
31-15-5(a) Overtaking on
right 85.00
31-15-6 C clearance for
overtaking 85.00
31-15-7 Places where
overtaking prohibited 85.00
31-15-8 No passing zone
85.00
31-15-9 One way highways
85.00
31-15-10 Rotary traffic
islands 85.00
31-15-11 Laned roadway violation 85.00
31-15-12 Following too
closely 85.00
31-15-12.1 Entering
intersection 100.00
31-15-13 Crossing center
section of divided highway 85.00
31-15-14 Entering or
leaving limited access roadways 85.00
31-15-16 Use of
emergency break-down lane for travel 85.00
13-15-17 31-15-17
Crossing bicycle lane 85.00
31-16-1 Care in starting
from stop 85.00
31-16-2 Manner of
turning at intersection 85.00
31-16-4 U turn where
prohibited 85.00
31-16-5 Turn signal
required 85.00
31-16-6 Time of
signaling turn 85.00
31-16-7 Failure to give
stop signal 85.00
31-16-8 Method of giving
signals 85.00
31-16.1-3 Diesel vehicle
idling rules
first offense not to
exceed 100.00
second and subsequent
offense not to exceed 500.00
31-17-1 Failure to yield
right of way 85.00
31-17-2 Vehicle turning
left 85.00
31-17-3 Yield right of
way (intersection) 85.00
31-17-4 Obedience to
stop signs 85.00
31-17-5 Entering from
private road or driveway 85.00
31-17-8 Vehicle within
right of way, rotary 85.00
31-17-9 Yielding to
bicycles on bicycle lane 85.00
31-18-3 Right of way in
crosswalks 85.00
first violation $100.00
second violation
or any subsequent
violation
31-18-5
Crossing other than at crosswalks 85.00
31-18-8 Due care by
drivers 85.00
31-18-12 Hitchhiking
85.00
31-18-18 Right of way on
sidewalks 85.00
31-19-3 Traffic laws
applied to bicycles 85.00
31-19-20
31-19-21
31-19.1-2 Operating
motorized bicycle on an
interstate highway 85.00
31-19.2-2 Operating
motorized tricycle on an
interstate highway
85.00
31-20-1 Failure to stop
at railroad crossing 85.00
31-20-2 Driving through
railroad gate 85.00
31-20-9 Obedience to
stop sign 85.00
31-21-4 Places where
parking or stopping prohibited 85.00
31-21-14 Opening of
vehicle doors 85.00
31-22-2 Improper backing
up 85.00
31-22-4 Overloading
vehicle 85.00
31-22-5 Violation of
safety zone 85.00
31-22-6 Coasting 85.00
31-22-7 Following fire
apparatus 85.00
31-22-8 Crossing fire
hose 85.00
31-22-9 Throwing debris
on highway - snow removal 85.00
31-22-11.5 Improper use
of school bus
- not to exceed five hund-
red dollars ($500)
for each day of
improper use
31-22-22(a) No child
restraint 85.00
31-22-22(a) Child
restraint/seat belt but not in any rear 85.00
seating position
31-22-22(b), (f) No seat
belt - passenger 85.00
31-22-22(g) No seat belt
- operator 85.00
31-22-23 Tow trucks -
proper identification 275.00
31-22-24 Operation of
interior lights 85.00
31-23-1(b)(2)
safety rules and
regulations
Not less than $85.00
or more than $500.00
31-23-1(e)(6) Removal of
an "out of service vehicle" sticker 125.00
31-23-1(e)(7) Operation
of an "out of service vehicle" 100.00
31-23-2(b) Installation
or adjustment of unsafe or (
first prohibited parts,
equipment, or accessories: offense) 250.00
(second offense) 500.00
(third and subsequent
offenses) 1,000.00
31-23-4 Brake equipment
required 85.00
31-23-8 Horn required
85.00
31-23-10 Sirens
prohibited 85.00
31-23-13 Muffler
required 85.00
31-23-13.1 Altering
height or operating a motor vehicle with an
altered height 85.00
31-23-14 Prevention of
excessive fumes or smoke 85.00
31-23-16 Windshield and
window stickers (visibility) 85.00
31-23-17 Windshield
wipers 85.00
31-23-19 Metal tires
prohibited 85.00
31-23-20 Protuberances
on tires 85.00
31-23-26 Fenders and
wheel flaps required 85.00
31-23-27 Rear wheel
flaps on buses, trucks and trailers 85.00
31-23-29 Flares
or red flag required over
four thousand pounds
(4,000 lbs.) 85.00
31-23-40 Approved types
of seat belt requirements 85.00
31-23-42.1 Special
mirror - school bus 85.00
31-23-43 Chocks required
(1 pair) - over
four thousand pounds
(4,000 lbs.) 85.00
31-23-45 Tire treads -
defective tires 85.00
31-23-47 Slow moving
emblem required 85.00
31-23-49 Transportation
of gasoline - passenger vehicle 85.00
31-23-51 Operating bike
or motor vehicle wearing ear phones 85.00
(first offense) 95.00
second offense 140.00
for the third and each
subsequent offense
31-24-1 Times when
lights required 85.00
through 31-24-54
31-25-03 Maximum width
of one hundred
and two inches
(102") exceeded 85.00
31-25-04 Maximum height
of one hundred sixty-two inches
(162") exceeded
85.00
31-25-06 Maximum number
and length of coupled vehicles 500.00
31-25-07 Load extending
three feet (3') front, six feet
(6') rear exceeded
85.00
31-25-9 Leaking load
85.00
31-25-11 Connections
between coupled vehicles 85.00
31-25-12 Towing chain,
twelve inch (12") square flag
required 85.00
31-25-12.1 Tow truck -
use of lanes (first offense) 85.00
second offense 95.00
for the third and each
subsequent offense 100.00
31-25-14(d)(1) Maximum
weight and tandem axles 125.00
31-25-14(d)(2) Maximum
weight and tandem axles 125.00
31-25-14(d)(3) Maximum weight
and tandem axles 125.00
31-25-16(c)(2) Maximum
weight shown in registration 85.00
(per ) thousand lbs.
overweight or portion thereof.
31-25-16(c)(3) Maximum
weight shown in registration 125.00
per thousand lbs.
overweight or portion thereof.
31-25-16(c)(4) Maximum
weight shown in registration (1,025.00 )
plus per thousand
pounds overweight or portion thereof. $125.00
31-25-17 Identification
of trucks and truck-tractors
(first offense) 85.00
(second offense) 95.00
for the third and
subsequent offenses 125.00
31-25-24 Carrying and
inspection of excess load limit 175.00
31-25-27(c) Maximum axle
3,000.00
(first offense) not to
exceed 5,000.00
for each and every subsequent
offense
31-25-30 Maximum axle
not to exceed 5,000.00
for each and every
subsequent offense
31-27-2.3 Refusal to
take preliminary breath test 85.00
31-28-7(d) Wrongful use
of handicapped parking placard 500.00
31-28-7(f) Handicapped
parking space violation:
First offense 100.00
Second offense 175.00
Third offense and
subsequent offenses 325.00
31-28-7.1(e) Wrongful
use of institutional handicapped parking placard 125.00
31-33-2 Failure to file
accident report 85.00
31-36.1-17 No fuel tax
stamp (out-of-state) 85.00
and not exceeding
($100)
for subsequent offense
31-38-3 No inspection
sticker 85.00
31-38-4 Violation of
inspection laws 85.00
31-47.2-06 Heavy-duty
vehicle emission inspections:
First offense 125.00
Second offense 525.00
Third and subsequent
offenses 1,025.00
37-15-7 Littering not
less than 55.00
not more than five
hundred dollars ($500)
39-12-26 Public
carriers violation 300.00
SPEEDING Fine
(A) One to ten miles
per hour (1-10 mph)
in excess of posted
speed limit $ 95.00
(B) Eleven miles per
hour (11 mph) in excess
of posted speed limit
with a fine of ten dollars ($10.00)
per mile
in excess 205.00
of speed limit shall be
assessed. minimum
(b) In addition to any
other penalties provided by law, a judge may impose the following
penalties
for speeding:
(1) For speeds up to
and including ten miles per hour (10 mph) over the posted speed
limit on public highways, a fine as provided for in
subsection (a) of this section for the first
offense, ten dollars ($10.00) per mile for each mile
in excess of the speed limit for the second
offense if within twelve (12) months of the first
offense, and fifteen dollars ($15.00) per mile for
each mile in excess of the speed limit for the third
and any subsequent offense if within twelve
(12) months of the first offense. In addition, the
license may be suspended up to thirty (30) days.
(2) For speeds in
excess of ten miles per hour (10 mph) over the posted speed limit on
public highways, a mandatory fine of ten dollars
($10.00) for each mile over the speed limit for
the first offense, fifteen dollars ($15.00) per mile
for each mile in excess of the speed limit for the
second offense if within twelve (12) months of the first
offense, and twenty dollars ($20.00) per
mile for each mile in excess of the speed limit for
the third and subsequent offense if within
twelve (12) months of the first offense. In addition,
the license may be suspended up to sixty (60)
days.
(c) Any person charged
with a violation who pays the fine administratively pursuant to
chapter 8.2 of title 8 shall not be subject to any
additional costs or assessments, including, but not
limited to, the hearing fee established in section
8-18-4 or assessment for substance abuse
prevention.
SECTION
12. Section 33-11-5.1 of the General Laws in Chapter 33-11 entitled
"Claims
Against Decedents'
Estates" is hereby amended to read as follows:
33-11-5.1. Duty to
notify known or reasonably ascertainable creditors. -- (a) If the
identity of a creditor of the decedent's is known to
or reasonably ascertainable by the personal
representative, the personal representative
shall, within a reasonable period of time after
qualification, the personal representative take
such steps as are reasonably necessary to ensure
that such creditor receives or has received actual
notice of the commencement of the decedent's
estate. The sending of a notice in the form contained
in subsection (b) by the personal
representative to the creditor at his/her or its last
known address, by first class mail, postage
prepaid, shall be deemed a means, but not the
exclusive means, of satisfying the requirements of
this section. The personal representative is not
liable to a creditor or to a successor personal
representative of the decedent for giving or failing
to give notice under this section.
(b) A personal
representative shall be conclusively presumed to have complied with this
section by sending a written notice in substantially
the following form:
STATE OF
COUNTY OF
______________ THE____________
ESTATE OF (NAME OR
ESTATE) (NO.)
NOTICE OF COMMENCEMENT
OF PROBATE
To: (Name of Creditor)
(last known address of
creditor)
Notice is hereby given
by (name of personal representative) that a probate estate has
been commenced for (name of decedent) in the Probate
Court of the (name of municipality,
address of court) docket no. __________, said (name of
fiduciary) having been qualified on (date
of qualification).
A creditor must present
a written statement of the claim indicating its basis, the amount
claimed, the name and address of the claimant, and the
name and address of the claimant's
attorney (if any) within six (6) months after
qualification. Claims should be mailed to the personal
representative or attorney named below and filed with
the clerk of the probate court.
Name and address of
Estate Personal Representative
or Attorney
Date
SECTION
13. Section 34-37-4.1 of the General Laws in Chapter 34-37 entitled "Rhode
34-37-4.1.
Discrimination in familial status -- Exemptions. -- (a) Nothing in this
chapter requires an owner of a housing accommodation
to rent to a family with children if:
(1) The housing
accommodation is two (2) units, one of which is occupied by the owner;
(2) The housing
accommodation is of four (4) units or less, the owner actually maintains
and occupies one of those living quarters as his or
her residence and one of those units is already
occupied by a senior citizen or infirm person for whom
the presence of children would constitute
a demonstrated hardship;
(3) The housing
accommodation was provided under any state or federal program which
is designed and operated to assist elderly persons;
(4) The housing
accommodation is intended for and solely occupied by persons sixty-
two (62) years of age or older; or
(5) The housing
accommodation is intended and operated for occupancy by at lease least
one person fifty-five (55) years of age or older per
unit. Provided that:
(i)
At least eighty percent (80%) of the units are occupied by at least one person
fifty-
five (55) years of age or older per unit; and
(ii) The housing
accommodation has significant facilities and services designed to meet
the physical or social needs of older persons, or if
the provisions of those facilities and services is
not practicable, that the housing is necessary to
provide important opportunities for older persons;
(iii) The owner or
manager has published and adhered to policies and procedures which
demonstrate an intent to provide housing for persons
fifty-five (55) years of age or older.
(b) (1) An exemption
under subsections (a)(4) and (a)(5) can be claimed if the housing
did not meet the requirements of subsections (a)(4)
and (a)(5) as of September 13, 1988 only if:
(i)
New occupants of the housing met the age requirements of subsections (a)(4) and
(a)(5) after September 13, 1988; or
(ii) Unoccupied units
were reserved for occupancy by persons who met the age
requirements of subsections (a)(4) and (a)(5) after
September 13, 1988;
(2) An owner will not
violate the prohibitions against age discrimination in housing
contained in section 34-37-4 if the owner asks the age
of prospective or actual tenants or buyers,
or if the owner grants a preference to older
prospective tenants or buyers so long as the housing
meets the requirements of subsection (a)(4) or (a)(5)
or if the owner is seeking to determine
whether the housing meets the requirements of
subsection (a)(4) or (a)(5).
SECTION
14. Section 37-13-3.1 of the General Laws in Chapter 37-13 entitled "Labor
and Payment of Debts by
Contractors" is hereby amended to read as follows:
(a)
Notwithstanding any laws to the contrary, all general
contractors and subcontractors who perform
work on any public works contract awarded by the state
after passage of this act and valued at one
million dollars ($1,000,000) or more shall employ apprentices
required for the performance of the
awarded contract. The number of apprentices shall
comply with the apprentice to journeyman
ratio for each trade approved by the apprenticeship
council of the department of labor and
training.
SECTION
15. Section 40-8.3-7 of the General Laws in Chapter 40-8.3 entitled
"Uncompensated
Care" is hereby amended to read as follows:
40-8.3-7.
Inpatient adjustment payments. -- Effective July 1, 2008, the
department of
human services is hereby authorized and directed to
amend its regulations and the
State Plan for Medical Assistance pursuant to Title
XIX of the Social Security Act for
reimbursement to hospitals for outpatient inpatient
services as follows:
Hospitals -- Inpatient
adjustment payments.
(a) Each hospital in
the state of
shall receive a quarterly adjustment payment during
state fiscal year 2009 of an amount
determined as follows:
(1) Determine the percent
of the state's total Medicaid inpatient services provided by
each hospital during the hospital's fiscal year ending
during 2007;
(2) Determine the sum
of all Medicaid payments to hospitals made for inpatient services
provided during each hospital's fiscal year ending
during 2007 not including any recoupments or
sentiments;
(3) Multiply the sum of
all Medicaid payments as determined in subdivision (2) by two
and ninety-eight hundredths percent (2.98%) and then
multiply that result by each hospital's
percentage of the state's total Medicaid inpatient
services as determined in subdivision (1) to
obtain the total outpatient inpatient
adjustment for each hospital to be paid in SFY 2009;
(4) Pay each hospital
on or about July 20, 2008, October 20, 2008, January 20, 2009, and
April 20, 2009 one-quarter (.25) of its total outpatient
inpatient adjustment as determined in
subdivision (3) above.
(b) The amounts
determined in subsection (a) are in addition to Medicaid inpatient
payments paid to hospitals in accordance with current
state regulation and the Rhode Island Plan
for Medicaid assistance pursuant to Title XIX of the
Social Security Act and are not subject to
recoupment or settlement.
(c) The payments are
expressly conditioned upon approval by the secretary of the United
States Department of Health and Human Services, or his
or her authorized representative, of any
Medicaid state plan amendment necessary to secure for
the state the benefit of federal financial
participation in federal fiscal year 2009 for such
payments, such amendment to be filed not later
than July 9, 2008.
SECTION
16. Section 40-8.5-1 of the General Laws in Chapter 40-8.5 entitled
"Health
Care for Elderly and
Disabled Residents Act" is hereby amended to read as follows:
40-8.5-1.
Categorically needy medical assistance coverage. -- (a) The
department of
human services is hereby authorized and directed to
amend its Title XIX state plan to provide for
categorically needy medical assistance coverage as
permitted pursuant to Title XIX of the Social
Security Act, 42 U.S.C. section 1396 et seq., as
amended, to individuals who are sixty-five (65)
years or older or are disabled, as determined under
section 1614(a)(3) of the Social Security Act,
42 U.S.C. section 1382c(a)(3), as amended, whose
income does not exceed one hundred percent
(100%) of the federal poverty level (as revised
annually) applicable to the individual's family
size, and whose resources do not exceed four thousand
dollars ($4,000) per individual, or six
thousand dollars ($6,000) per couple. The department
shall provide medical assistance coverage
to such elderly or disabled persons in the same
amount, duration and scope as provided to other
categorically needy persons under the state's Title
XIX state plan.
SECTION
17. Section 42-28.2-10 of the General Laws in Chapter 42-28.2 entitled
"Police Officers -
Commission on Standards and Training" is hereby amended to read as
follows:
42-28.2-10. Discretionary
powers of commission. -- The commission on standards and
training may:
(a) (1)
Visit and inspect the police training school, or examine the curriculum or
training
procedures, for which application for approval has
been made.
(b) (2)
Authorize the issuance of certificates of graduation or diplomas by the
approved
police training school to police officers who have
satisfactorily completed minimum courses of
study.
(c) (3)
Cooperate with state, federal, and local police agencies in establishing and
conducting local or area schools or regional training
centers for instruction and training of police
officers of this state, its cities or towns.
(d) (4)
Adopt such regulations as are necessary to carry out the purpose of this
chapter.
(e) (5)
Make recommendations to the director of public safety on matters pertaining to
qualification and training of police officers.
(f) (6)
Approve the use of training schools certified pursuant to section 42-28.2-6 by
the
departments of any municipality pursuant to an
agreement between that municipality and the
municipality operating the facility.
SECTION
18. Section 44-5-81 of the General Laws in Chapter 44-5 entitled "Levy and
Assessment of Local
Taxes" is hereby amended to read as follows:
44-5-81. (a) Notwithstanding any other provisions in
the general laws to the contrary, the city of
the finance director and/or the tax collector to waive
interest on motor vehicle or tangible taxes,
based on criteria established by the city council.
SECTION
19. Section 45-24-53 of the General Laws in Chapter 45-24 entitled "Zoning
Ordinances" is hereby
amended to read as follows:
45-24-53. Adoption
-- Notice and hearing requirements. -- (a) No zoning ordinance
shall be adopted, repealed, or amended until after a
public hearing has been held upon the
question before the city or town council. The city or
town council shall first give notice of the
public hearing by publication of notice in a newspaper
of general circulation within the city or
town at least once each week for three (3) successive
weeks prior to the date of the hearing,
which may include the week in which the hearing is to
be held, at which hearing opportunity shall
be given to all persons interested to be heard upon
the matter of the proposed ordinance. Written
notice, which may be a copy of the newspaper notice,
shall be mailed to the statewide planning
program of the department of administration, and,
where applicable, to the parties specified in
subsections (b), (c), (d), and (e) of this section, at
least two (2) weeks prior to the hearing. The
newspaper notice shall be published as a display
advertisement, using a type size at least as large
as the normal type size used by the newspaper in its
news articles, and shall:
(1) Specify the place
of the hearing and the date and time of its commencement;
(2) Indicate that
adoption, amendment, or repeal of a zoning ordinance is under
consideration;
(3) Contain a statement
of the proposed amendments to the ordinance that may be
printed once in its entirety, or summarize and
describe the matter under consideration;
(4) Advise those interested
where and when a copy of the matter under consideration
may be obtained or examined and copied; and
(5) State that the
proposals shown on the ordinance may be altered or amended prior to
the close of the public hearing without further
advertising, as a result of further study or because
of the views expressed at the public hearing. Any
alteration or amendment must be presented for
comment in the course of the hearing.
(b) Where a proposed
general amendment to an existing zoning ordinance includes
changes in an existing zoning map, public notice shall
be given as required by subsection (a) of
this section.
(c) Where a proposed
amendment to an existing ordinance includes a specific change in
a zoning district map, but does not affect districts
generally, public notice shall be given as
required by subsection (c) subsection (a)
of this section, with the additional requirements that:
(1) Notice shall
include a map showing the existing and proposed boundaries, zoning
district boundaries, and existing streets and roads
and their names, and city and town boundaries
where appropriate; and
(2) Written notice of
the date, time, and place of the public hearing and the nature and
purpose of the hearing shall be sent to all owners of
real property whose property is located in or
within not less than two hundred feet (200') of the
perimeter of the area proposed for change,
whether within the city or town or within an adjacent
city or town. Notice shall also be sent to any
individual or entity holding a recorded conservation
or preservation restriction on the property
that is the subject of the amendment. The notice shall
be sent by registered or certified mail to the
last known address of the owners, as shown on the current
real estate tax assessment records of
the city or town in which the property is located.
(d) Notice of a public
hearing shall be sent by first class mail to the city or town council
of any city or town to which one or more of the
following pertain:
(1) Which is located in
or within not less than two hundred feet (200') of the boundary of
the area proposed for change; or
(2) Where there is a
public or quasi-public water source, or private water source that is
used or is suitable for use as a public water source,
within two thousand feet (2,000') of any real
property that is the subject of a proposed zoning
change, regardless of municipal boundaries.
(e) Notice of a public
hearing shall be sent to the governing body of any state or
municipal water department or agency, special water
district, or private water company that has
riparian rights to a surface water resource and/or
surface watershed that is used or is suitable for
use as a public water source and that is within two
thousand feet (2,000') of any real property
which is the subject of a proposed zoning change;
provided, that the governing body of any state
or municipal water department or agency, special water
district, or private water company has
filed with the building inspector in the city or town
a map survey, which shall be kept as a public
record, showing areas of surface water resources
and/or watersheds and parcels of land within
two thousand feet (2,000') thereof.
(f) No defect in the
form of any notice under this section shall render any ordinance or
amendment invalid, unless the defect is found to be
intentional or misleading.
(g) Costs of any notice
required under this section shall be borne by the applicant.
(h) In granting a zoning
ordinance amendment, notwithstanding the provisions of section
45-24-37, the town or city council may limit the
change to one of the permitted uses in the zone
to which the subject land is rezoned, and impose
limitations, conditions, and restrictions,
including, without limitation: (1) requiring the
petitioner to obtain a permit or approval from any
and all state or local governmental agencies or
instrumentalities having jurisdiction over the land
and use which are the subject of the zoning change;
(2) those relating to the effectiveness or
continued effectiveness of the zoning change; and/or
(3) those relating to the use of the land; as it
deems necessary. The responsible town or city official
shall cause the limitations and conditions
so imposed to be clearly noted on the zoning map and
recorded in the land evidence records;
provided, that in the case of a conditional zone
change, the limitations, restrictions, and
conditions shall not be noted on the zoning map until
the zone change has become effective. If the
permitted use for which the land has been rezoned is
abandoned or if the land is not used for the
requested purpose for a period of two (2) years or
more after the zone change becomes effective,
the town or city council may, after a public hearing,
change the land to its original zoning use
before the petition was filed. If any limitation,
condition, or restriction in an ordinance is held to
be invalid by a court in any action, that holding
shall not cause the remainder of the ordinance to
be invalid.
(i)
The above requirements are to be construed as minimum requirements.
SECTION
20. Section 45-24.1-3 of the General Laws in Chapter 45-24.1 entitled
"Historical Area
Zoning" is hereby amended to read as follows:
45-24.1-3.
Creation of commission authorized -- Membership appointment -- Term
of office. -- (a) In order to carry out the purposes of this chapter any city or
town council has
shall have the
authority to create a commission called the historic district commission. The
membership of a commission in a city shall consist of
seven (7) qualified members, and in a town
shall consist of not less than three (3) nor more than
seven (7) qualified members, whose
residence is located in the city or town; provided,
that the historic district commission of the city
of
commission of the city of
whom shall be members of the city council elected by
the city council from its councilmanic
members to serve for a term of four (4) years. In a
city the members shall be appointed by the
mayor, except as provided in the case of the historic
district commission of the city of
commission shall be residents of the city or town.
(b) The appointed
members of the commission shall be appointed for three (3) year
terms, except the initial appointments of some of the
members shall be for less than three (3)
years so that the initial appointments are staggered
and so that subsequent appointments do not
reoccur at the same time.
(c) Any city or town
has the right to name an auxiliary member of the commission
appointed in addition to the regular members of the
commission. The auxiliary member shall sit
as an active member, upon the request of the chair,
when and if a regular member of the
commission is unable to serve at any meeting of the
commission.
(d) Appointed members
of the commission are eligible for reappointment, and, upon the
expiration of their term, shall continue to serve
until replaced unless otherwise provided for in
local law.
(e) In the event of a
vacancy on the commission, interim appointments of appointed
members may be made by the appointing authority to
complete the unexpired term of the
position.
(f) Organized and
existing preservation societies may present to the appointing authority
of a city or town a list of qualified citizens, from
which list the appointing authority may select
members of the commission for his or her respective city
or town.
(g) Members of a
commission shall serve without compensation.
SECTION
21. Section 37-6-30 of the General Laws in Chapter 37-6 entitled
"Acquisition
of Land" is hereby
amended to read as follows:
37-6-30. Registry of
leases. -- (a) The chief purchasing officer as defined in subsection
37-2-7(3) shall cause to be established a registry of
leases which shall be indexed and copies shall
be kept of all leases entered into by the state or any
of its agencies. The state and any department,
board, bureau, commission, officer, or agency of the
state entering into a lease agreement shall
submit a copy of the lease to the chief purchasing
officer for inclusion in the registry of leases no
later than three (3) business days after execution of
the lease. The registry shall index leases by
property location, name and address of lessor and lessee, date of execution, and date of
expiration. The registry shall contain certificates of
compliance issued by all public corporations
and quasi-public agencies that have fulfilled the
requirements of subsection (c) herein. All leases
entered into the registry on or after July 1, 2008
shall remain in the registry for five (5) years
subsequent to the date of expiration of the lease. The
chief purchasing officer shall maintain the
registry of leases and copies of the registry and all
leases and certificates of compliance contained
therein shall be made available for public inspection.
The chief purchasing officer shall post on
the division's website the registry of leases and each
lease contained therein no later than three (3)
business days after receipt of each lease.
(b) The chief
purchasing officer shall electronically transmit the registry of leases and
certificates of compliance to the secretary of state
for posting online, in accordance with rules and
regulations which shall be promulgated by the
secretary of state. Thereafter, the chief purchasing
officer shall electronically transmit to the secretary
of state for posting online, each lease and
certificate of compliance described in subsection (a)
no later than three (3) business days after
receipt of the lease. This requirement of electronic
transmission of the registry of leases and
subsequently executed leases and certificates of
compliance with the secretary of state shall take
effect on January 1, 2009.
(c) Notwithstanding any
other provision to the contrary, including any provision
exempting any entity from the requirements of this
chapter, all public corporations as defined in
subsection 34-20-5(4) 35-20-5(4) and
quasi-public agencies shall cause to be established a
registry of all its leases which shall be indexed, and
copies shall be kept of all such leases. Each
public corporation or quasi-public agency shall
maintain a registry of its leases and copies of the
registry and all leases contained therein shall be
made available for public inspection. The public
corporation or quasi-public agency shall post on it's website
the registry of leases and each lease
contained therein no later than three (3) business
days after execution of each lease. The registry
shall index leases by property location, name and
address of lessor and lessee, date of execution,
and date of expiration. All leases entered into the
registry on or after July 1, 2008 shall remain in
the registry for five (5) years subsequent to the date
of expiration. The public corporation or
quasi-public agency shall electronically transmit the
registry of leases to the secretary of state for
posting online, in accordance with rules and
regulations which shall be promulgated by the
secretary of state. Thereafter, the public corporation
or quasi-public agency shall electronically
transmit to the secretary of state for posting online,
each lease described herein no later than three
(3) business days after the execution of the lease.
Once the electronic transmission has been
completed, the public corporation or quasi-public
agency shall issue no later than three (3)
business days after the execution of the lease a
certificate stating its compliance with the
requirements of this subsection to the chief
purchasing officer. This requirement of electronic
transmission of the registry of leases and subsequently
executed leases with the secretary of state
shall take effect on January 1, 2009.
(d) The secretary of
state shall maintain, on the agency's website, an online database of
leases and certificates of compliance required by this
chapter. The online database shall be
organized to promote transparency and be easily
accessible to the public. The online database
shall be searchable by property, location, name and
address of lessor and lessee, date of
execution, and date of expiration.
SECTION
22. Section 5-1-6 of the General Laws in Chapter 5-1 entitled
"Architects" is
hereby amended to read as
follows:
5-1-6. Board --
Records of proceedings -- Roster of architects -- Report of
transactions. -- (a) The secretary of the board shall keep a record of its proceedings.
The record
shall include the name, age, and last known address of
each applicant for registration, information
concerning each applicant's education, experience, and
other qualifications, the text of all
examinations administered and their results and any
other information that the board deems
appropriate. The record of the board is prima facie
evidence of the proceedings and a certified
transcript by the secretary is admissible in evidence
with the same force and effect as if the
original were produced.
(b) The board shall
maintain a roster of architects. Copies of the roster may be mailed
annually to resident architects and to federal
agencies within the state, and to state, city and town
officials, and may be distributed or sold to the
public.
(c) [Deleted by P.L.
2005, ch. 406, section 1].
SECTION
23. Sections 5-3.1-9 and 5-3.1-16 of the General Laws in Chapter 5-3.1
entitled "Public
Accountancy" are hereby amended to read as follows:
5-3.1-9. Permits
for practice units. -- (a) Permits to engage in the practice of public
accounting in this state as a practice unit shall be
issued by the board, upon application therefore
and payment of the required fee, to an entity that
demonstrates its qualifications in accordance
with this chapter or to certified public accounting
firms originally licensed in another state that
establish an office in this state. A practice unit
must hold a permit issued under this section in
order to provide attest and compilation services as
defined or to use the title "CPAs" or "CPA
firm." An applicant entity for initial issuance
or renewal of a permit to practice under this section
shall be required to register each office of the firm
within this state with the board and to show
that all attest and compilation services as defined in
this chapter rendered in this state are under
the charge of a person holding a valid certificate
issued under this chapter, or the corresponding
provision of prior law or some other state.
(b) An entity shall
satisfy the following requirements:
(1) For general
partnerships, joint ventures, limited liability partnerships and limited
liability companies:
(i)
The principal purpose and business of the partnership must be to furnish public
accounting services to the public not inconsistent
with this chapter and the rules and regulations
of the board;
(ii) A majority of the
ownership of the entity, in terms of financial interests and voting
rights of all partners, shareholders or members,
belongs to holders of a certificate who shall hold
a certificate and a permit from some state, and such
partners, shareholders or members, whose
principal place of business is in this state and who
perform professional services in this state, hold
a valid permit issued under this chapter or are public
accountants registered under section 5-3.1-7.
Although firms may include non-licensee owners, the
firm and its ownership and all parties must
comply with rules promulgated by the board. For firms
of public accountants, a majority of the
ownership of the firm, in terms of financial interests
and voting rights, must belong to holders of
permits under section 5-3.1-7, and provided, that any
such entity as defined by this subsection
may include non-licensee owners provided that:
(A) The entity
designates a licensee of this state, who is responsible for the proper
registration of the firm and identifies that individual
to the board;
(B) All non-licensee
owners are active individual participants in the entity;
(C) The entity complies
with such other requirements as the board may impose by rule;
(D) Any individual
licensee who is responsible for supervising attest and compilation
services and signs or authorizes another licensee to
sign the accountant's report on the financial
statements on behalf of the firm, shall meet the
experience requirements as set out in professional
standards for such services;
(E) Any individual
licensee who signs or authorizes another licensee to sign the
accountants' report on the financial statements on
behalf of the firm shall meet the experience
requirement as set out in professional standards for
such services.
(iii) At least one
partner, shareholder or member must be a certified public accountant or
a public accountant holding a certificate or authority
under this chapter and a permit to practice in
this state under section 5-3.1-7;
(iv) The address of
every office of the entity located in this state must be listed in the
application for the permit.
(2) For a sole
proprietorship:
(i)
The principal purpose and business of the sole proprietorship must be to
furnish
public accounting services to the public not
inconsistent with this chapter and the rules and
regulations of the board;
(ii) The sole
proprietor must be a certified public accountant or a public accountant
holding a certificate or authority under this chapter
and a permit to practice in this state under
section 5-3.1-7;
(iii) The address of
every office of the sole proprietorship located in this state must be
listed in the application for the permit.
(iv) Any individual
licensee who is responsible for supervising attest and compilation
services and signs or authorizes another licensee to
sign the accountant's report on the financial
statements on behalf of the sole proprietor shall meet
the experience requirements as set out in
professional standards for such services; and
(v) Any individual
licensee who signs or authorizes another licensee to sign the
accountants' report on the financial statements on
behalf of the firm shall meet the experience
requirement as set out in professional standards for
such services.
(c) Application for a
permit under this section must be made upon the affidavit of the
partner, shareholder, member or sole proprietor who
holds a permit to practice in this state under
section 5-3.1-7 as a certified public accountant or a
public accountant. All applications for a
permit under this section must include, in addition to
any other information required by this
chapter or by rule or regulation of the board to be
stated in the application, a list of all other states
in which the entity has applied for or holds a permit.
Upon receipt of the application, the board
shall determine whether the entity is eligible for a
permit. In the event the board determines the
entity is ineligible for a permit under this section,
that determination shall be stated in writing and
delivered to the applicant at the address that is
stated in the application.
(d) All applicants for
or holders of a permit under this section shall notify the board in
writing within thirty (30) days of the occurrence of
the event:
(1) Of any change in
the identities of the partners, officers, directors, or shareholders
who are personally engaged in this state in the
practice of public accounting;
(2) Of any change in the
number or location of offices within this state required to be
listed in the application pursuant to this section;
(3) Of any change in
the identities of the persons supervising the offices; and
(4) Of any issuance,
denial, revocation, or suspension of a permit by any other state. The
board may prescribe fees, which are to be paid by the
applicants or holders upon the notification.;
and
(5) Of a reduction
below a majority of the ownership in the entity in terms of financial
interests and voting rights.
(e) All permits issued
by the board under this section subsequent to January 1, 2009,
shall be valid for a period of three (3) years and
shall expire on the last day of June of the year in
which the permit is scheduled to expire unless the
permit is renewed in accordance with the
provisions of this section. To transition existing
licensees to a three (3) year licensing cycle, the
board shall have the authority and discretion in 2008
to issue permits under this section that are
valid for one, two (2), or three (3) years. All such
permits issued during 2008 shall expire upon
the last day of June of the year in which the permit
is scheduled to expire. The board's authority
to issue permits valid for one or two (2) years shall cease
as of December 31, 2008.
Effective January 1,
2009, permits issued pursuant to this section may be renewed for a
period of three (3) years, and the renewed permit
shall expire on the last day of June of the year in
which the renewed permit is scheduled to expire,
unless the renewed permit is again renewed by
its holder. All applications for renewal of permits
under this section shall be submitted to the
board by February 15 of the year in which a permit or
renewed permit is scheduled to expire. All
applicants for permit renewal shall satisfy the
quality review requirements prescribed in section
5-3.1-10.
(f) Fees to be paid
upon application for initial issuance or renewal of a permit under this
section shall be established from time to time by the
board. Fees shall be paid at the time the
application is filed with the board.
(g) An annual permit to
engage in the practice of public accounting in this state shall be
issued by the board, upon application for it and
payment of the required fee, to the office of the
auditor general provided the office is in compliance
with section 5-3.1-10.
(h) An entity which
falls out of compliance with the provisions of this section due to
changes in firm ownership or personnel, after receiving
or renewing a permit, shall take
corrective action to bring the firm into compliance as
quickly as possible. The board may grant a
reasonable period of time for a firm to take such
corrective action. Failure to bring the firm into
compliance within a reasonable period as defined by
the board will result in the suspension or
revocation of the permit.
5-3.1-16. Acts
declared unlawful. -- (a) Except as permitted by the board pursuant to
section 5-3.1-18(b), no person shall hold himself or herself
out to the public as a certified public
accountant or assume or use the designation
"certified public accountant" or "CPA" or any other
title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the
person is a certified public accountant or CPA, unless
that person has been issued a permit to
practice under section 5-3.1-7.
(b) No entity shall
provide attest or compilation services or assume or use the
designation "certified public accountants"
or "CPAs" or any other title, designation, words,
letters, abbreviation, sign, card, or device tending
to indicate that the practice unit is composed of
certified public accountants or CPAs, unless:
(1) The practice unit
holds a permit to practice under section 5-3.1-9;
(2) Ownership of the
firm is in accord with this chapter and rules promulgated by the
board.
(c) No person shall
hold himself or herself out to the public as a public accountant, or
assume or use the designation "public accountant"
of or "PA" or any other title, designation,
words, letters, abbreviation, sign, card, or device
tending to indicate that the person is a public
accountant or PA, unless that person holds an
authority as a public accountant and a permit to
practice in this state issued under section 5-3.1-7.
This subsection does not apply to those persons
qualified under subsection (a) of this section to hold
themselves out to the public as certified
public accountants and to use the designation
"certified public accountant" or "CPA".
(d) No entity shall
provide attest or compilation services or assume or use the
designation "public accountants" or "PAs" or any other title, designation, words, letters,
abbreviation, sign, card, or device tending to indicate
that the practice unit is composed of public
accountants or PAs, unless
the practice unit holds a permit to practice under section 5-3.1-9.
(e) No person or entity
not holding a valid permit shall assume or use the title or
designation "certified accountant",
"chartered accountant", "enrolled accountant",
"licensed
accountant", "registered accountant",
"accredited accountant", or any other title or designation
likely to be confused with "certified public
accountant" or "public accountant", any of the
abbreviations "CA", "RA",
"LA", "AA", or similar abbreviation likely to be confused
with "CPA"
or "PA"; provided, that anyone who holds a
permit to practice under section 5-3.1-7 may hold
himself or herself out to the public as an
"accountant" or "auditor". The title "Enrolled
Agent" or
the abbreviation "EA" may only be used by
those individuals so designated by the Internal
Revenue Service. In addition, the board may at its
discretion allow titles or abbreviations to be
used which do not mislead the public and for which
appropriate certification or accreditation by a
national organization can be demonstrated.
(f) No person or entity
shall prepare or attempt to prepare, or sign, affix, or associate the
person's or entity's name or any trade name used by
him, her, or it in the person's or entity's
business or profession or practice unit to any attest
or compilation reports unless the individual
holds a permit to practice under section 5-3.1-7 or
5-3.1-8, and unless the practice unit holds a
permit to practice under section 5-3.1-9.
(g) No person or entity
not holding a permit to practice under this chapter shall hold
himself, herself, or itself out to the public as an
"accountant" or "auditor", whether or not the term
is accompanied by any other description or
designation, on any sign, card, or letterhead, or in any
advertisement or directory.
(h) No person holding a
permit shall assume or use a professional or firm name or
designation that is misleading about the legal form of
the firm, or the persons who are partners,
officers, members, managers or shareholders of the
firm, or about any other matter; provided,
however, that names of one or more former partners,
members, managers or shareholders may be
included in the name of a firm or its successor.
(i)
No person or entity shall hold himself, herself, or itself out to the public as
being
qualified for the practice of public accounting unless
the person or entity holds a permit to
practice under this chapter.
(j) The provisions of
subsections (a), (c), and (e) of this section do not prohibit any
accountant licensed by a foreign country who holds an
annual limited permit to engage in the
practice of public accounting under section 5-3.1-8
from using the accounting designation by
which he or she is known in his or her own country,
translated into the English language,
followed by the name of the country from which his or
her certificate, license, or degree was
issued, as required by section 5-3.1-8.
(k) Any person or
practice unit that is found to have violated any provision of this
section by a court of competent jurisdiction is liable
to the board for reasonable attorneys' fees in
connection with the proceeding in which the finding
was made.
(l) (1) A licensee,
practice unit, or affiliated entity shall not directly or indirectly for a
commission, recommend or refer to a client any product
or service, or for a commission,
recommend or refer any product or service to be
supplied by a client, or receive a commission,
when the licensee, practice unit, or affiliated entity
also performs for that client any attest or
compilation services or reports. This prohibition
applies during the period in which the licensee
or practice unit or affiliated entity is engaged to
perform any services listed above and the period
covered by any historical financial statements
involved in such listed services.
(2) A licensee,
practice unit, or affiliated entity who is not prohibited by this section
from performing services for or receiving a
commission, and who is paid or expects to be paid a
commission, shall disclose that fact to any person or
entity to whom the licensee, practice unit, or
affiliated entity recommends or refers a product or
service to which the commission relates. The
disclosure must be made in writing contemporaneously
with or prior to the referral or
recommendation.
(3) Any licensee,
practice unit, or affiliated entity who accepts a referral fee for
recommending or referring any service of a licensee to
any person or entity or who pays a referral
fee to obtain a client shall disclose the acceptance
or payment to the client. The disclosure must
be made, in writing, contemporaneously with or prior
to the referral or recommendation.
(4) For purposes of
this section, an "affiliated entity" is defined as an entity in which
the
licensee, and/or any member and/or employee of the
practice unit, has more than an aggregate
twenty percent (20%) direct or indirect financial
interest.
(5) A licensee or
practice unit in public practice who is not prohibited by this section
from performing service for or receiving a commission
shall comply with all applicable federal
and state securities laws, rules promulgated thereunder, and registration requirements.
(m) (1) A licensee,
practice unit, or affiliated entity shall not: perform for a contingent
fee any professional services for, or receive such a
fee from, a client for whom the licensee or
practice unit performs any attest or compilation
services or reports; or prepare an original or
amended tax return or claim for a tax refund for a
contingent fee for any client.
(2) The prohibitions in
subdivision ( l )(1) of this section apply during the period in
which the licensee is engaged to perform any of the
services listed above and the period covered
by any historical financial statements involved in any
such listed services.
(3) Except as stated in
the next sentence, a "contingent fee" is a fee established for the
performance of any service pursuant to an arrangement
in which no fee will be charged unless a
specified finding or result is attained, or in which
the amount of the fee is otherwise dependent
upon the finding or result of such service. Solely for
purposes of this section, fees are not
regarded as being contingent if fixed by courts or
other public authorities, or, in tax matters, if
determined based on the results of judicial
proceedings or the findings of governmental agencies.
A licensee's fees may vary depending, for example, on
the complexity of services rendered.
(4) For purposes of
this section, an "affiliated entity" is defined as any entity in
which
the licensee, or any member or employee of the
practice unit, has more than an aggregate twenty
percent (20%) direct or indirect financial interest.
(5) Any licensee who
receives a contingent fee pursuant to this section shall comply with
all applicable federal and state securities laws,
rules promulgated thereunder, and registration
requirements.
SECTION
24. Sections 5-5-2 and 5-5-20 of the General Laws in Chapter 5-5 entitled
"Private Detective
Act" are hereby amended to read as follows:
5-5-2.
Definitions. -- As used in this chapter:
(1)
"Applicant" means any person who has applied for permission to engage
in any act or
activity that is regulated pursuant to the provisions
of this chapter.
(2) "Computer
forensic specialist" means a person who holds a professional certification
as a computer examiner and who interprets, evaluates,
tests, or analyzes pre-existing data from
computers, computer systems, networks or other
electronic media, provided to them by another
person who owns, controls or possesses said computer,
computer system, network or other
electronic media.
(2) (3)
"License" means any license required by this chapter.
(3) (4)
"License fee" means any moneys required by law to be paid for the
issuance or
renewal of any license required by the regulations.
(4) (5)
"Local licensing authority" means the town councils of license boards
of the
several towns, the mayor and city council or license
bureau of a city.
(5) (6)
"Private detective" means a person who is hired for the purpose of
conducting
investigations involving:
(i)
Inquiries into unsolved crimes;
(ii) Clandestine
surveillance;
(iii) The search for
missing persons; and
(iv) The search for
lost or stolen property.
(6) (7)
Words in the singular include the plural and the plural includes the singular.
(7) "Computer
forensic specialist" means a person who holds a professional certification
as a computer examiner and who interprets, evaluates,
tests, or analyzes pre-existing data from
computers, computer systems, networks or other
electronic media, provided to them by another
person who owns, controls or possesses said computer,
computer system, network or other
electronic media.
5-5-20.
Exemptions. -- (a) Nothing in this chapter includes the activities of
any person
employed by any federal or state agency or any city or
town as an investigator. Nothing in this
chapter shall be construed to require a detective's
license in order to interview parties and/or
witnesses in legal matters.
(b) Nothing in this
chapter shall be construed to require a detective's license of any of the
following:
(1) An agent, employee,
or assistant to a licensed "detective" whose duties are in
connection with the regular and customary business of
his or her contracting agency;
(2) A person engaged in
earning his or her livelihood by genealogical work and the
compilation of family history while so engaged;
(3) An insurance
investigator; or
(4) A credit reporting
bureau or agency whose business is principally the furnishing of
information as to business and financial standing and
credit responsibility.; or
(5) An individual
employed as a computer forensic specialist who holds professional
certification as a computer examiner.
SECTION
25. Sections 5-6-1 and 5-6-16 of the General Laws in Chapter 5-6 entitled
"Electricians"
are hereby amended to read as follows:
5-6-1.
Definitions. -- For purposes of this chapter:
(a) (1)
"Electrical contractor" means a corporation, firm or person, who, by
the
employment of journeypersons, performs the work of
installing wires, conduits, apparatus,
fixtures, and other appliances for carrying or using
electricity for light, heat or power purposes
exclusive of low voltage wiring for heating or
refrigeration equipment for service, maintenance,
and installation.
(b) (2)
"Electrical sign contractor" means a corporation, firm, or person
who, by the
employment of electrical sign installers, performs the
work of installing, altering, and servicing
electrical signs.
(c) (3)
"Electrical sign installer" means a person engaged in installing,
altering, and
servicing electrical signs.
(d) (4)
"Fire alarm contractor" means a corporation, firm, or person who, by
the
employment of fire alarm installers, performs the work
of installing, altering and servicing and
testing of fire alarm systems in accordance with the
Rhode Island Fire Safety Code, chapters 28.1
-- 28.39 of title 23.
(e) (5)
"Fire alarm installation" means the installation or alteration of a
fire alarm system
according to the Rhode Island Fire Safety Code.
(f) (6)
"Fire alarm installer" means a person engaged in installing,
altering, or servicing
and testing of a fire alarm system used for the
purpose of causing an alarm to be sounded in case
of fire.
(g) (7)
"Journeyperson electrician" means a person doing any work of
installing wires,
conduits, apparatus, fixtures, and other appliances.
(h) (8)
"Lightning protection contractor" means a corporation, firm or
person, who by
employment of lightning protection installers,
performs the work of installing, altering,
maintaining, lightning protection systems. The
"systems" are defined and should be installed in
accordance with NFPA 780 current edition, and all
referenced NFPA documents.
(9) "Lightning
protection installer" means a person engaged in the installation, service
or
maintenance of a lightning protection system according
to NFPA 780 current edition.
(h) (10)
"Oil burner contractor" means a corporation, firm, or person, who by
the
employment of oil burnerpersons
performs the work of installing and servicing oil and domestic
automatic coal burning heating equipment, including
central heating plants, and domestic type
range burners, and including all accessory equipment
and control systems, excluding
thermostatic, mechanical, and low voltage wiring on
heating, ventilating and air conditioning
equipment.
(i)
(11) "Oil burnerperson" means a
person doing any work or installing or servicing oil
burners and other equipment installed and serviced by
an oil burner contractor.
(j) "Lightning
protection contractor" means a corporation, firm or person, who by
employment of lightning protection installers,
performs the work of installing, altering,
maintaining, lightning protection systems. The
"systems" are defined and should be installed in
accordance with NFPA 780 current edition, and all
referenced NFPA documents.
(k) "Lightning
protection installer" means a person engaged in the installation, service
or
maintenance of a lightning protection system according
to NFPA 780 current edition.
5-6-16. License
fees. – (a) A fee of one hundred twenty dollars ($120) shall be
paid by
each applicant for an electrical contractor's license
Class A; thirty-six dollars ($36.00) for a
journeyperson electrician's license Class B; one
hundred twenty dollars ($120) for a limited
premises license Class C; one hundred twenty dollars
($120) for an oil burner contractor's license
Class E; thirty-six dollars ($36.00) for an oil burnerperson's license Class F; one hundred twenty
dollars ($120) for a fire alarm contractor's license
Class AF; thirty-six dollars ($36.00) for a fire
alarm installer's license Class BF; one hundred twenty
dollars ($120) for an electrical sign
contractor's license SCF; thirty-six dollars ($36.00)
for a sign installer's license Class CF; and one
hundred twenty dollars ($120) for a limited
maintenance license Class D.
(b) A fee of one
hundred twenty dollars ($120) shall be paid by each applicant for a
lightning protection contractor's license Class LPC.
(c) A fee of
thirty-six dollars ($36.00) shall be paid by each applicant for a lightning
protection installer's license LPI.
SECTION
26. Section 5-19.2-3 of the General Laws in Chapter 5-19.2 entitled
"Collaborative
Pharmacy Practice" is hereby amended to read as follows:
5-19.2-3.
Collaborative pharmacy practice. -- (a) A pharmacist may engage in
collaborative pharmacy practice pursuant to a
collaborative practice agreement in accordance
with provisions of this chapter or other applicable
sections of the regulations. Any pharmacist or
physician desiring to engage in collaborate pharmacy
practice shall execute a collaborative
practice agreement in accordance with regulations
promulgated by the department. Each
collaborative practice agreement shall set forth at
least the following: (1) site and setting where
the collaborative practice is to take place; (2)
informed consent procedures; (3) qualifications of
participating pharmacist and physicians; (4) the role of
any employed health care professional
with prescriptive privileges participating in the
collaborative practice; (5) scope of conditions or
diseases to be managed; (6) practice protocols; (7)
risk management activities; and (8) outcomes
measurements. Each collaborative practice agreement
shall be subject to review and renewal on
an annual basis.
(b) Any pharmacist who
deviates from or practices in a manner inconsistent with the
terms of a collaborative practice agreement shall be
in violation of this chapter; such shall
constitute grounds for disciplinary action pursuant to
this chapter. There shall be no civil liability
on the part of, or cause of action of any nature
against, a physician or physician's agents or
employees for participation in collaborative pharmacy
practice as the result of negligence or fault
on the part of the pharmacist participating in such
collaborative practice agreement.
SECTION
27. Section 5-20-2 of the General Laws in Chapter 5-20 entitled "Plumbers
and Irrigators" is
hereby amended to read as follows:
5-20-2.
"Plumbing" and "source of water" defined. -- As
used in this chapter:
(a) (1)
"Plumbing" means:
(1) (i) All fittings, fixtures, appliances, and connections,
which are located within a
building or a structure, or within five (5) feet of
the outer walls of a building or structure and
which connect said building or structure, where a
person or persons, live, work, or assemble, with
the source of public or private water supply used or
intended for domestic or personal use, as well
as any interconnecting piping between buildings or
structures;
(2) (ii)
All piping, fittings, fixtures, and appliances for a sanitary drainage and
related
ventilation system, direct or indirect, within that
building; and
(3) (iii)
Air piping, medical and laboratory gas systems including, but not limited to,
oxygen and nitrous oxide.
(b) (2)
"Source of private water supply" means the water connection located
at the mean
water level.
(c) (3)
"Source of public water supply" means any water connection located
within five
(5) feet of the outer walls of or within a building or
structure, including any interconnecting
piping between buildings or structures.
SECTION
28. Section 5-20.6-2 of the General Laws in Chapter 5-20.6 entitled
"Agency
Relationships in
Residential Real Estate Transactions" is hereby amended to read as
follows:
5-20.6-2.
Definitions. -- As used in this chapter, the following terms shall have
the
following meanings:
(a) (1)
"Affiliated licensee" means a licensed real estate salesperson or
real estate broker
as defined in section 5-20.5-1 associated with a
particular principal broker.
(b) (2)
"Brokerage" means a principal broker as defined in section 5-20.5-8
and his or
her affiliated licensees.
(c) (3)
"Buyer" means a person who acquires or seeks to acquire an ownership
interest in
real estate.
(d) (4)
"Client" means a buyer, seller, tenant or landlord who has agreed to
representation by a licensee in a real estate
transaction, evidenced by an executed mandatory
relationship disclosure, to whom a licensee owes the
duties set forth in section 5-20.6-5.
(e) (5)
"Client representation contract" means an express, written contract
between a
principal broker or his or her affiliated licensees
and a client that authorizes the principal broker
or his or her affiliated licensees to act as a client
representative for a buyer, seller, landlord, or
tenant and meets the requirements of section
5-20.6-10.
(f) (6)
"Confidential information" means the following information:
(1) (i) A buyer or tenant's willingness to pay more than the
offered price;
(2) (ii)
A seller or landlord's willingness to accept less than the asking price;
(3) (iii)
A buyer or tenant's previous offers made to purchase or lease real estate;
(4) (iv)
A seller or landlord's previous offers received to purchase or lease real
estate;
(5) (v)
Any parties' motivating factors;
(6) (vi) Any
parties' willingness to agree to other financing terms;
(7) (vii)
Any facts or suspicions regarding circumstances, other than known material
defects of a property that a licensee must in all
cases disclose, that may psychologically impact or
stigmatize any real estate; or
(8) (viii)
Any information about a party's assets, liabilities, income, or expenses.
(g) (7)
"Customer" means a buyer, seller, tenant, or landlord who has agreed
to certain
assistance by a licensee in a real estate transaction,
evidenced by an executed mandatory
relationship disclosure, to whom a licensee owes the
duties set forth in section 5-20.6-4.
(h) (8)
"Designated client representative" means an affiliated licensee
appointed by the
principal broker or his or her designee to represent a
buyer, seller, tenant, or landlord in a real
estate transaction.
The affiliated licensee
so designated shall obtain the informed, written consent of the
buyer, seller, tenant, or landlord with a signed
mandatory relationship disclosure pursuant to
section 5-20.6-8.
(i)
(9) "Director" means the director of business regulation for
the state.
(j) (10)
"Dual facilitator" means a single licensee who, with the prior
written consent of
both parties assists a seller client and a buyer
client in the same transaction subject to the
limitations set forth in section 5-20.6-6.
(k) (11)
"Landlord" means a person who leases or attempts to lease his
ownership
interest in real estate to another person.
(l) (12)
"Lease" means an express written or oral contract between a landlord
and tenant
for the use or occupancy by the tenant of real estate
that is owned by another person.
(m) (13)
"Licensee" means an individual licensed by the director as a real
estate broker
or real estate salesperson pursuant to chapter 5-20.5.
(n) (14)
"Mandatory relationship disclosure" means a form that describes the
relationship
between a consumer and a principal broker and his or her
affiliated licensees that meets the
requirements of section 5-20.6-8.
(o) (15)
"Ministerial acts" means acts of an administrative nature that
licensees perform
for client or customers, including, but not limited
to, showing property; preparing offers or
agreements to sell, purchase, exchange, rent, or
lease; conveying offers or agreements to the
parties; and providing information and assistance.
(p) (16)
"Principal broker" means a real estate broker licensed by the
director who is
designated by the brokerage to be responsible for the
supervision and activities of his or her
affiliated licensees in accordance with this chapter
and chapter 5-20.5.
(q) (17)
"Real estate" refers to vacant land or land with physical
improvements
consisting of a house and/or structure.
(r) (18)
"Sales agreement" means an express written contract signed by the
buyer and
seller for the purchase and sale of the real estate.
(s) (19)
"Sell," "sale," or "sold" means a transaction for
the transfer of real estate from a
seller to a buyer, including, but not limited to,
exchanges of real estate between the seller and
buyer and transactions involving the creation of a
sales agreement.
(t) (20)
"Seller" means a person who sells or attempts to sell an ownership
interest in real
estate to another person.
(u) (21)
"Tenant" means a person who acquired or seeks to acquire an interest
in real
estate that entitles him or her to occupy or use a
property that is owned by another person.
(v) (22)
"Transaction coordinator" means a principal broker or his or her
designee who
supervises a real estate transaction in a neutral
capacity in which one affiliated licensee represents
a buyer or tenant as a designated client
representative and another affiliated licensee represents a
seller or landlord as a designated client
representative in the same transaction. A transaction
coordinator does not own any fiduciary duties to any
party in a transaction except the duties to
protect the confidential information of the parties
and to properly account for money placed in his
or her care.
(w) (23)
"Transaction facilitator" means a licensee who provides assistance to
a buyer,
seller, tenant, or landlord, or both, in a real estate
transaction as a neutral facilitator. A transaction
facilitator does not owe any fiduciary duties to any
party in a transaction but does owe the duties
set forth in section 5-20.6-4.
SECTION
29. Section 5-20.7-3 of the General Laws in Chapter 5-20.7 entitled "Real
Estate Appraiser
Certification Act" is hereby amended to read as follows:
5-20.7-3.
Certification required. -- (a) No person, other than persons certified
in
accordance with the provisions of this chapter, shall assume
or use that title or any title,
designation or abbreviation likely to create the
impression of certification as a real estate
appraiser by this state. A person who is not certified
pursuant to this chapter shall not describe or
refer to any appraisal or other valuation of real
estate located in the state by the term "certified".
(b) (1) This
chapter precludes any person who is not certified as a state certified real
estate appraiser from appraising real property for
compensation under chapter 20.5 of this title;
provided, however, that this chapter does not preclude
any person who holds a license pursuant to
chapter 20.5 of this title and, in the ordinary course
of business, from giving a written or oral
opinion of value of real estate for the purposes of a
prospective listing, purchase, sale, or business
valuation; provided, however, that such opinion of
value shall not be referred to as an appraisal.
(2) [Deleted by P.L.
2006, ch. 217, section 1 and P.L. 2006, ch. 357, section 1].
(c) Nothing in this
chapter shall preclude a trainee directly supervised by a certified
appraiser from assisting in or preparing a certified
appraisal and signing such appraisal provided
the appraisal is approved and signed by a certified
appraiser as appropriate.
(d) Any appraisal
conducted by an institution licensed in this state to accept deposits in
connection with a loan transaction, other than those
conducted by:
(1) Federally or NCUA
insured banks, savings banks, or credit unions; or
(2) Persons regulated
or licensed under title 19 or any transactions, municipal or state,
regardless of monetary value, shall require an
appraisal by a licensed or certified appraiser.
SECTION
30. Section 5-33.1-9 of the General Laws in Chapter 5-33.1 entitled
"Funeral
Service Contracts" is
hereby amended to read as follows:
5-33.1-9.
Irrevocable funeral contract. -- An irrevocable funeral contract may be
entered into in which the amount held in escrow may be
disbursed only upon the death of the
beneficiary and that all interest accumulates to the
escrow account and is also inaccessible to the
beneficiary. The Such irrevocable
funeral contract funds shall can only shall be transferred from
one funeral service establishment to another upon
request of the beneficiary and the consent of
the escrow agent. The purchase of an irrevocable
funeral contract does shall not preclude an
individual from purchasing other funeral contracts
that are revocable.
SECTION
31. Section 5-35.1-12 of the General Laws in Chapter 5-35.1 entitled
"Optometrists" is
hereby amended to read as follows:
5-35.1-12. Use and
prescription of pharmaceutical agents for ocular conditions --
Optometrists training and certification. -- (a) (i)
Notwithstanding the provisions of this
chapter, amplified optometrists of this state may use
and prescribe pharmaceutical agents in the
treatment of conditions of the human eye and its
appendages, without the use of surgery or other
invasive techniques; provided, that all qualified
optometrists, shall be permitted to become
amplified optometrists in accordance with the
requirements of section 5-35.1-2, subsection (c)
hereof, 5-35.1-12(c)
and all other requirements of this chapter; and provided, further, that drugs
contained in schedule III of chapter 21-28 shall be
prescribed for no more than seventy-two (72)
hours and that; no optometrist shall deliver any
medication by injection.
(b) The director shall
issue regulations governing the prescribing of oral pharmaceutical
agents, including oral steroids and schedule III
narcotic and non-narcotic analgesics, within the
scope of the optometrist's practice.
(c) To be newly
licensed as an amplified optometrist, a qualified optometrist must meet
the qualifications of section 5-35.1-2 and must
provide evidence to the department that he or she
has satisfactorily:
(i)
(1) completed at least thirty (30) hours of clinical experience in the
treatment of
ocular disease with pharmaceutical agents, consistent
with current graduate degree requirements
for optometric education either within a four (4) year
period immediately prior to the date of
application or as otherwise determined by the board;
and
(ii) (2) completed
a course in pharmacology, as it applies to optometry, at an approved
institution accredited by a regional, professional or
academic accreditation organization.
Further, to maintain
amplified optometrist licensure status, all amplified optometrists
must submit, upon request, evidence of an average of
at least five (5) hours of continuing
education in pharmacology per year.
(d) The director,
before issuing the regulations, shall request and consider
recommendations that may be submitted by the board of
optometry.
(e) The board shall
require optometrists to adhere to electronic prescribing standards
within thirty (30) months of receiving prescriptive
authority as defined in subsection 5-35.1-
12(a).
SECTION
32. Section 5-37.3-3 of the General Laws in Chapter 5-37.3 entitled
"Confidentiality of
Health Care Communications and Information Act" is hereby amended to read
as follows:
5-37.3-3.
Definitions. -- As used in this chapter:
(1) "Authorized
representative" means:
(i)
A person empowered by the patient/client to assert or to waive the
confidentiality, or
to disclose or consent to the disclosure of
confidential information, as established by this chapter.
That person is not, except by explicit authorization,
empowered to waive confidentiality or to
disclose or consent to the disclosure of confidential
information;
(ii) A guardian or
conservator, if the person whose right to confidentiality is protected
under this chapter is incompetent to assert or waive
that right; or
(iii) If the
patient/client is deceased, his or her personal representative or, in the
absence
of that representative, his or her heirs-at-law.
(2) "Board of
medical licensure and discipline" means the board created under chapter
37 of this title.
(3) (i) "Confidential health care communication" means
a communication of health care
information by an individual to a health care
provider, including a transcription of any
information, not intended to be disclosed to third
persons except if those persons are:
(A) present Present to further the interest of the patient in
the consultation, examination
or interview;
(B) reasonably Reasonably necessary for the transmission of the
communication; or
(C) participating
Participating in the diagnosis and treatment
under the direction of the
health care provider, including members of the
patient's family.
(ii) "Confidential
health care information" means all information relating to a patient's
health care history, diagnosis, condition, treatment,
or evaluation obtained from a health care
provider who has treated the patient.
(4) "Health care
provider" means any person licensed by this state to provide or lawfully
providing health care services, including, but not
limited to, a physician, hospital, intermediate
care facility or other health care facility, dentist,
nurse, optometrist, podiatrist, physical therapist,
psychiatric social worker, pharmacist or psychologist,
and any officer, employee, or agent of that
provider acting in the course and scope of his or her
employment or agency related to or
supportive of health services.
(5) "Health care
services" means acts of diagnosis, treatment, medical evaluation, or
counseling or any other acts that may be permissible
under the health care licensing statutes of
this state.
(6) "Managed care
contractor" means a person that:
(i)
Establishes, operates, or maintains a network of participating providers;
(ii) Conducts or
arranges for utilization review activities; and
(iii) Contracts with an
insurance company, a hospital or medical service plan, an
employer, an employee organization, or any other
entity providing coverage for health care
services to operate a managed care plan.
(7) "Managed care
entity" includes a licensed insurance company, hospital or medical
service plan, health maintenance organization, an
employer or employee organization, or a
managed care contractor as described in subdivision
(6) of this section, that operates a managed
care plan.
(8) "Managed care
plan" means a plan operated by a managed care entity as described in
subdivision (7) of this section, that provides for the
financing and delivery of health care services
to persons enrolled in the plan through:
(i)
Arrangements with selected providers to furnish health care services;
(ii) Explicit standards
for the selection of participating providers;
(iii) Organizational
arrangements for ongoing quality assurance, utilization review
programs, and dispute resolution; and
(iv) Financial
incentives for persons enrolled in the plan to use the participating
providers and procedures provided for by the plan.
(9) "Medical peer
review board" means a peer review board under chapter 37 of this title.
(10) "Nurse"
means a registered nurse or licensed practical nurse licensed to practice
nursing in the state.
(11)
"Participating provider" means a physician, hospital, pharmacy,
laboratory, dentist,
or other state licensed or other state recognized
provider of health care services or supplies, that
has entered into an agreement with a managed care
entity to provide any services or supplies to a
patient enrolled in a managed care plan.
(12)
"Patient" means a person who receives health care services from a
health care
provider.
(13) "Personally
identifiable confidential health care information" means confidential
health care information, which explicitly or by
implication identifies a particular patient.
(14)
"Physician" means a person registered or licensed to practice
allopathic or
osteopathic medicine in this state under
(15) "Psychiatric
social worker" means a person holding a Master's or further advanced
degree from a school of social work accredited by the
council of social work education.
(16)
"Psychologist" means a certified psychologist under chapter 44 of
this title.
(17) "Qualified
personnel" means persons whose training and experience are appropriate
to the nature and level of the work in which they are
engaged and who, when working as part of
an organization, are performing that work with
published and adequate administrative safeguards
against disclosure unauthorized under this chapter.
(18) "Third
party" means a person other than the patient to whom the confidential
health
care information relates and other than a health care
provider.
SECTION
33. Sections 5-37.7-8 and 5-37.7-10 of the General Laws in Chapter 5-37.7
entitled "Rhode Island
Health Information Exchange Act of 2008" are hereby amended to read as
follows:
5-37.7-8.
Security. -- The HIE must be subject to at least the following security
procedures:
(a) (1)
Authenticate the recipient of any confidential health care information
disclosed by
the HIE pursuant to this chapter pursuant to rules and
regulations promulgated by the agency.
(b) (2)
Limit authorized access to personally identifiable confidential health care
information to persons having a need to know that
information; additional employees or agents
may have access to de-identified information;
(c) (3)
Identify an individual or individuals who have responsibility for maintaining
security procedures for the HIE;
(d) (4)
Provide an electronic or written statement to each employee or agent as to the
necessity of maintaining the security and
confidentiality of confidential health care information,
and of the penalties provided for in this chapter for
the unauthorized access, release, transfer, use,
or disclosure of this information;
(e) (5)
Take no disciplinary or punitive action against any employee or agent for
bringing evidence of violation of this chapter to the
attention of any person.
5-37.7-10.
Patient's rights. -- Pursuant to this chapter, a patient participant
who has his
or her confidential health care information
transferred through the HIE shall have the following
rights:
(a) (1)
To obtain a copy of his or her confidential health care information from the
HIE;
(b) (2)
To obtain a copy of the disclosure report pertaining to his or her confidential
health care information;
(c) (3)
To be notified as required by chapter 49.2 of title 11, the
theft protection act, of a breach of the security
system of the HIE;
(d) (4)
To terminate his or her participation in the HIE in accordance with rules and
regulations promulgated by the agency; and
(e) (5)
To request to amend his or her own information through the provider
participant.
SECTION
34. Section 5-40.1-3 of the General Laws in Chapter 5-40.1 entitled
"Occupational
Therapy" is hereby amended to read as follows:
5-40.1-3.
Definitions. -- (1) (a) "Administrator" means
the administrator of the division
of professional regulation.
(2) (b)
"Board" means the board of occupational therapy within the division
of
professional regulation established pursuant to the
provisions of section 5-40.1-4.
(3) (c)
"Chapter" refers to chapter 40.1 of this title, entitled
"Occupational Therapy", of
the general laws of
(4) (d)
"Director" means the director of the
(5) (e)
"Division" means the division of professional regulation.
(6) (i) (f)(1) "Occupational therapy" (OT)
is the use of purposeful activity or
interventions designed to achieve functional outcomes
which promote health, prevent injury or
disability, and develop, improve, sustain, or restore
the highest possible level of independence of
any individual who has an injury, illness, cognitive
impairment, sensory impairment,
psychosocial dysfunction, mental illness,
developmental or learning disability, physical disability,
or other disorder or condition.
(ii) (2)
Occupational therapy includes evaluation by means of skilled observation of
functional performance and/or assessment through the
administration and interpretation of
standardized or non-standardized tests and
measurements.
(7) (i) (g)(1) "Occupational therapy
services" includes, but is not limited to:
(A) (i) Evaluating and providing treatment in consultation
with the individual, family, or
other appropriate persons;
(B) (ii)
Interventions directed toward developing, improving, sustaining, or restoring
daily living skills, including self-care skills and
activities that involve interactions with others and
the environment, work readiness or work performance,
play skills or leisure capacities or
educational performance skills;
(C) (iii)
Developing, improving, sustaining, or restoring sensory-motor, oral-motor,
perceptual, or neuromuscular functioning; or emotional,
motivational, cognitive, or psychosocial
components of performance; and
(D) (iv)
Educating the individual, family, or other appropriate persons in carrying out
appropriate interventions.
(ii) (2)
These services may encompass evaluating need; and designing, developing,
adapting, applying, or training in the use of
assistive technology devices; designing, fabricating or
applying rehabilitative technology, such as selected
orthotic devices; training in the functional use
of orthotic or prosthetic devices; applying
therapeutic activities, modalities, or exercise as an
adjunct to or in preparation for functional
performance; applying ergonomic principles; adapting
environments and processes to enhance daily living
skills; or promoting health and wellness.
(8) (h)
"Occupational therapist" means a person licensed to practice
occupational therapy
under the provisions of this chapter and the rules and
regulations authorized by this chapter.
(9) (i) "Occupational therapy aide" means a person
not licensed pursuant to the statutes
and rules applicable to the practice of occupational
therapy, who works under the supervision of a
licensed occupational therapist or occupational
therapy assistant, who assists in the practice of
occupational therapy and whose activities require an
understanding of occupational therapy, but
do not require professional or advanced training in
the basic anatomical, psychological, and social
sciences involved in the practice of occupational
therapy.
(10) (j)
"Occupational therapy assistant" means a person licensed to practice
occupational therapy under the provisions of this
chapter and the rules and regulations authorized
by this chapter.
(11) (k)
"Supervision" means that a licensed occupational therapist or
occupational
therapy assistant is at all times responsible for
supportive personnel and students.
SECTION
35. Section 5-44-10 of the General Laws in Chapter 5-44 entitled
"Psychologists"
is hereby amended to read as follows:
5-44-10.
Examinations. -- (a) Examinations for licensure shall be conducted by
the
division as scheduled by the director of the
department of health, and shall be offered by the
board at least twice a year according to methods and
in any subject fields that it deems most
practical and expeditious to test the applicant's
qualifications.
(1) The board may
require examinations to be written or oral, or both.
(2) In any written
examination, the identity of the applicant shall not be disclosed to the
board until after the examination papers have been
graded.
(3) Written examination
papers shall be preserved and available to the board for at least
two (2) years.
(c) (b) A
candidate shall pass the examination upon the affirmative vote of at least two
(2) members of the board.
SECTION
36. Section 5-49-6 of the General Laws in Chapter 5-49 entitled "Hearing
Aid
Dealers and Fitters"
is hereby amended to read as follows:
5-49-6. Issuance
of licenses and certificates of endorsement. -- (a) The department
shall register each applicant without discrimination
who passes an examination as provided in
section 5-49-7. Upon the applicant's payment of
twenty-five dollars ($25.00) per annum for each
year of the term of license, the department shall
issue to the applicant a license signed by the
department. The total fee for the entire term of
licensure shall be paid prior to the issuance of the
license.
(1) (b)
Whenever the board determines that another state or jurisdiction has
requirements
equivalent to or higher than those in effect pursuant
to this chapter, and that this state or
jurisdiction has a program equivalent to or stricter
than the program for determining whether
applicants pursuant to this chapter are qualified to
dispense and fit hearing aids, the department
may issue certificates of endorsement to applicants
who hold current, unsuspended, and
unrevoked certificates or licenses to fit and sell
hearing aids in that other state or jurisdiction.
(2) (c)
No applicant for certificate of endorsement shall be required to submit to or
undergo a qualifying examination, etc., other than the
payment of fees, pursuant to section 5-49-
11.
(3) (d)
The holder of a certificate of endorsement shall be registered in the same
manner
as a licensee. The fee for an initial certificate of
endorsement shall be the same as the fee for an
initial license. Fees, grounds for renewal, and
procedures for the suspension and revocation of
certificates of endorsement shall be the same as for
renewal, suspension, and revocation of a
license.
SECTION
37. Section 5-51-1 of the General Laws in Chapter 5-51 entitled "Rhode
5-51-1.
Definitions. -- As used in this chapter, the following definitions of
words and
terms apply:
(1) "Board"
means the
(2) "Decorative
planting plans" means and refers to planning and designing intended
exclusively for the decoration of residential
structures or settings which contain no greater than
two (2) "dwelling units" as the term is
defined in subdivision 45-24-31(24) and which involves
the use and arrangement of trees, shrubs, plants,
ground-cover, and/or flowers for aesthetic and
decorative purposes only, but specifically does not
include the following:
(i)
Plans or designs which create the layout of grading, vehicular paving,
drainage, storm
water management, irrigation, erosion control,
retaining walls, decks, gazebos, pools, or any
similar structures;
(ii) Plans or designs
intended or used at any time or in any manner for or in furtherance of
the purpose of obtaining federal, state, or local
building, construction, or related permits or like
authorizations; and/or
(iii) Plans or
designs relating to federal, state, or local public works or public projects,
or
otherwise relating to property which is not privately
owned.
(2) (3)
"Landscape architect" means a person who engages or offers to engage
in the
practice of landscape architecture.
(3) (4)(i) "Landscape architecture" means planning and
designing the use, allocation, and
arrangement of land and water resources, through the
creative application of biological, physical,
mathematical, and social processes. Insofar as these
services involve safeguarding life, health or
property, and include any other professional services
that may be necessary to the planning,
progress, and completion of any landscape
architectural services, these services may include, but
not be limited to, the following:
(A) Consultation,
research, analysis and assessment, selection, and allocation of land and
water resources;
(B) Formulation of
graphic and written criteria to govern the planning and design of land
construction development programs including:
(B) (I) The
preparation, review and analysis of master and site plans;
(II) Reconnaissance,
planning, design, preparation of drawings, construction documents
and specifications, and responsible construction
observation;
(C) Design coordination
and review of technical plans and construction documents
prepared by other professionals working under the
direction of the landscape architect;
(D) Land preservation,
restoration, conservation, reclamation, rehabilitation,
management and development;
(E) Feasibility studies
and site selection for developments;
(F) Integration, site
analysis and determination of settings for grounds and locations of
buildings, structures, transportation systems, and
environmental systems;
(G) Analysis and design
of grading and drainage, storm water management, irrigation
systems for erosion and sediment controls, planting
plans, lighting, and ground cover; and
(H) Feasibility
studies, cost estimates and reports for development.
(ii) "Landscape
architecture" does not mean nor extend to the preparation of "decorative
planting plans" as defined in subdivision (4)
(2) of this section.
(4) "Decorative
planting plans" means and refers to planning and designing intended
exclusively for the decoration of residential
structures or settings which contain no greater than
two (2) "dwelling units" as the term is
defined in section 45-24-31(24) and which involves the
use and arrangement of trees, shrubs, plants,
ground-cover, and/or flowers for aesthetic and
decorative purposes only, but specifically does not include
the following:
(i)
Plans or designs which create the layout of grading, vehicular paving,
drainage, storm
water management, irrigation, erosion control,
retaining walls, decks, gazebos, pools, or any
similar structures;
(ii) Plans or designs
intended or used at any time or in any manner for or in furtherance of
the purpose of obtaining federal, state, or local
building, construction, or related permits or like
authorizations; and/or
(iii) Plans or
designs relating to federal, state, or local public works or public projects,
or
otherwise relating to property which is not privately
owned.
SECTION
38. Sections 5-59.1-3 and 5-59.1-10 of the General Laws in Chapter 5-59.1
entitled "Rhode Island
Orthotics and Prosthetics Practices" are hereby amended to read as
follows:
5-59.1-3.
Definitions. -- As used in this chapter:
(1) "ABC"
means the American Board for Certification in Orthotics and Prosthetics or
its successor agency.
(2) "BOC"
means the Board for Orthotist/Prosthetist
Certification or its successor
agency.
(3) "Custom
fabricated orthotics" or "custom made orthotics" means devices
designed
and fabricated, in turn, from raw materials for a
specific patient and require the generation of an
image, form, or mold that replicates the patient's
body or body segment and, in turn, involves the
rectification of an image.
(4)
"Department" means the
(5)
"Director" means the director of the department of health.
(6) "Direct-formed
orthoses" means devices formed or shaped during
the molding
process directly on the patient's body or body
segment.
(7) "Licensed Orthotist" means a person licensed under this chapter
to practice orthotics.
(8) "Licensed Prosthetist" means a person licensed under this
chapter to practice
prosthetics.
(9)
"Off-the-shelf orthosis" means devices
manufactured by companies registered with
the Federal Food and Drug Administration other than
devices designed for a particular person
based on that particular person's condition.
(9) (10)
"Orthosis" means a custom fabricated brace
or support that is designed based on
medical necessity. Orthosis
does not include prefabricated or direct-formed orthotic devices, as
defined in this section, or any of the following
assistive technology devices: commercially
available knee orthoses used
following injury or surgery; spastic muscle-tone inhibiting orthoses;
upper extremity adaptive equipment; finger splints;
hand splints; wrist gauntlets; face masks used
following burns; wheelchair seating that is an
integral part of the wheelchair and not worn by the
patient independent of the wheelchair; fabric or
elastic supports; corsets; low-temperature formed
plastic splints; trusses; elastic hose; canes;
crutches; cervical collars; dental appliances; and other
similar devises as determined by the director, such as
those commonly carried in stock by a
pharmacy, department store, corset shop, or surgical
supply facility.
(10) (11)
"Orthotics" means the science and practice of evaluating, measuring,
designing,
fabricating, assembling, fitting, adjusting or,
servicing, as well as providing the initial training
necessary to accomplish the fitting of, an orthosis for the support, correction, or alleviation of
neuromuscular or musculoskeletal dysfunction, disease,
injury or deformity. The practice of
orthotics encompasses evaluation, treatment, and
consultation; with basic observational gait and
postural analysis, orthotists
assess and design orthoses to maximize function and
provide not only
the support but the alignment necessary to either
prevent or correct deformity or to improve the
safety and efficiency of mobility or locomotion, or
both. Orthotic practice includes providing
continuing patient care in order to assess its effect
on the patient's tissues and to assure proper fit
and function of the orthotic device by periodic
evaluation.
(11) (12)
"Orthotist" means an allied health professional
who is specifically trained and
educated to provide or manage the provision of a
custom-designed, fabricated, modified and
fitted external orthosis to
an orthotic patient, based on a clinical assessment and a physician's
prescription, to restore physiological function and/or
cosmesis, and certified by ABC or BOC.
(13)
"Physician" means a doctor of allopathic medicine (M.D.), osteopathic
medicine
(D.O.), podiatric medicine (D.P.M.), and chiropractic
medicine (D.C.).
(12) (14)
"Prefabricated orthoses" or "off-shelf
orthoses" means devices that are
manufactured as commercially available stock items for
no specific patient.
(13) (15)
"Prosthesis" means an artificial limb that is alignable
or, in lower extremity
applications, capable of weight bearing. Prosthesis
also means an artificial medical device that is
not surgically implanted and that is used to replace a
missing limb, appendage, or other external
human body part including an artificial limb, hand, or
foot. The term does not include artificial
eyes, ears, noses, dental appliances, osotmy products, or devices such as eyelashes or wigs or
artificial breasts.
(14) (16)
"Prosthetics" means the science and practice of evaluation,
measuring,
designing, fabricating, assembling, fitting, aligning,
adjusting or servicing, as well as providing
the initial training necessary to accomplish the
fitting of, a prosthesis through the replacement of
external parts of a human body, lost due to amputation
or congenital deformities or absences. The
practice of prosthetics also includes the generation
of an image, form, or mold that replicates the
patient's body or body segment and that requires
rectification of dimensions, contours and
volumes for use in the design and fabrication of a
socket to accept a residual anatomic limb to, in
turn, create an artificial appendage that is designed
either to support body weight or to improve or
restore function or cosmesis,
or both. Involved in the practice of prosthetics is observational gait
analysis and clinical assessment of the requirements
necessary to refine and mechanically fix the
relative position of various parts of the prosthesis
to maximize function, stability, and safety of
the patient. The practice of prosthetics includes
providing and continuing patient care in order to
assess the prosthetic device's effect on the patient's
tissues and to assure proper fit and function of
the prosthetic device by periodic evaluation.
(15) (17)
"Prosthetist" means a practitioner, certified
by the ABC or BOC, who provides
care to patients with partial or total absence of a
limb by designing, fabricating, and fitting
devices, known as prostheses. At the request of and in
consultation with physicians, the
prosthetist assists in formulation of prescriptions for
prostheses, and examines and evaluates
patients' prosthetic needs in relation to their
disease entity and functional loss. In providing the
prostheses, he or she is responsible for formulating
its design, including selection of materials and
components; making all necessary costs, measurements
and model modifications; performing
fittings including static and dynamic alignments;
evaluating the prosthesis on the patient;
instructing the patient in its use, and maintaining adequate
patient records; all in conformity with
the prescription.
(16)
"Physician" means a doctor of allopathic medicine (M.D.), osteopathic
medicine
(D.O.), podiatric medicine (D.P.M.), and chiropractic
medicine (D.C.).
(17)
"Off-the-shelf orthosis" means devices
manufactured by companies registered with
the Federal Food and Drug Administration other than
devices designed for a particular person
based on that particular person's condition.
5-59.1-10.
Grandfather clause. -- Any person currently practicing full-time in the
state
of the effective date of this act [January
1, 2007] in an orthotist and/or prosthetic
facility as a certified BOC or ABC orthotist
and/or prosthetist must file an application for
licensure prior to sixty (60) days after the
effective date of this act [January 1, 2007], to continue
practice at his or her identified level of practice.
The applicant must provide verifiable proof of
active certification in orthotics and/or prosthetics
by the ABC or BOC. This section shall not be
construed to grant licensing to a person who is a
certified or registered orthotic or prosthetic
"fitter" or orthotic or prosthetic
"assistant."
SECTION
39. Section 5-61-4 of the General Laws in Chapter 5-61 entitled "Telephone
Sales Solicitation
Act" is hereby amended to read as follows:
5-61-4. Filing,
information required. -- Each filing pursuant to section 5-61-3 shall
contain the following information:
(1) The name or names of
the seller, including the name under which the seller is doing
or intends to do business, if different from the name
of the seller, and the name of any parent or
affiliated organization:
(i)
That will engage in business transactions with purchasers relating to sales
solicited by
the seller; or
(ii) That accepts
responsibility for statements made by or acts of the seller relating to
sales solicited by the seller.
(2) The seller's
business form and place of organization and, if the seller is a corporation,
a copy of its articles of incorporation and bylaws and
amendments, or, if a partnership, a copy of
the partnership agreement or if operating under a
fictitious business name, the location where the
fictitious name is registered. All the same
information shall be included for any parent or
affiliated organization disclosed pursuant to
subdivision (1) of this section.
(3) The complete street
address or addresses of all locations, designating the principal
location from which the telephonic seller will be
conducting business. If the principal business
location of the seller is not in this state, then the
seller shall also designate which of its locations
within the state is its main location in the state.
(4) A listing of all
telephone numbers to be used by the seller and the address where each
telephone using each of these telephone numbers is
located.
(5) The name of, and
the office held by, the seller's officers, directors, trustees, general
and limited partners, sole proprietor, and owners, and
the names of those persons who have
management responsibilities in connection with the
seller's business activities.
(6) The complete
address of the principal residence, the date and place of birth, and the
driver's license number and state of issuance of each
of the persons whose names are disclosed
pursuant to subdivision (5) of this section.
(7) The name and
principal residence address of each person the telephonic seller leaves
in charge at each location from which the seller does
business in this state, as defined in section
5-61-1, and the business location for which each of
these persons is or will be in charge.
(8) A statement,
meeting the requirements of this subdivision as to any person identified
pursuant to subdivision (5) or (7) of this section
who:
(i)
(A) Has been convicted of a felony or misdemeanor involving an alleged
violation of
this section, or fraud, theft, embezzlement,
fraudulent conversion or misappropriation of property.
(B) For purposes of
this paragraph, a plea of nolo contendere
is a conviction;
(ii) Has had entered
against him or her a final judgment or order in a civil or
administrative action, including a stipulated judgment
or order, if the complaint or petition in the
civil or administrative action alleged acts
constituting a violation of this section, fraud, theft,
embezzlement, fraudulent conversion, or
misappropriation of property, the use of untrue or
misleading representations in an attempt to sell or
dispose of real or personal property, or the use
of unfair, unlawful or deceptive business practices;
(iii) Is subject to any
currently effective injunction or restrictive court order relating to
business activity as the result of an action brought
by a federal, state, or local public agency or
unit including, but not limited to, an action
affecting any vocational license;
(iv) (A) Has at any
time during the previous seven (7) tax years filed in bankruptcy, been
adjudged a bankrupt, been reorganized due to
insolvency, or been a principal director, officer,
trustee, general or limited partner or had management
responsibilities of any other corporation,
partnership, joint venture, or business entity, that
has filed or was adjudicated or reorganized
during or within one year after the period that the
person held that position.
(B) For the purposes of
paragraphs (i), (ii) and (iii) of this subdivision,
the statement
required by this subdivision shall identify the
person, the court or administrative agency rendering
the conviction, judgment or order, the docket number
of the matter, the date of the conviction,
judgment or order, and the name of the governmental
agency, if any, that brought the action
resulting in the conviction, judgment or order. For
the purposes of this paragraph, the statement
required by this subdivision includes the name and
location of the person filing in bankruptcy,
adjudged a bankrupt or reorganized due to insolvency,
and includes the date thereof, the court,
which exercised jurisdiction and the docket number of
the matter.
(9) A list of names
including date of birth and place of birth and principal residence
addresses of salespersons who solicit on behalf of the
telephonic seller and the names the
salespersons use while soliciting.
(10) A copy of all
sales information and literature (including, but not limited to, scripts,
outlines, instructions, and information regarding how
to conduct telephonic sales, sample
introductions, sample closings, product information,
and contest or premium-award information)
provided by the telephonic seller to salespersons or
of which the seller informs the salespersons,
and a copy of all written materials the seller sends to
any prospective or actual purchaser.
(11) If the telephonic
seller represents or implies or directs salespersons to represent or
imply, to purchasers that the purchaser will receive
certain specific items or one or more items
from among bonuses, prizes, or otherwise, the filing
includes the following:
(i)
A list of the items offered.
(ii) The value or worth
of each item described to prospective purchasers and the basis for
the valuation.
(iii) The price paid by
the telephonic seller to its supplier for each of these items and the
name, address, and telephone number of each item's
supplier.
(iv) If the purchaser
is to receive fewer than all of the items described by the seller, the
filing shall include the following:
(A) The manner in which
the telephonic seller decides which item or items a particular
prospective purchaser is to receive;
(B) The odds a single
prospective purchaser has of receiving each described item;
(C) The name and
address of each recipient who has, during the preceding 12 months (or
if the seller has not been in business that long,
during the period the telephonic seller has been in
business) received the item having the greatest value
and the item with the smallest odds of being
received.
(v) All rules,
regulations, terms, and conditions a prospective purchaser must meet in
order to receive the item.
(12) If the telephonic
seller is offering to sell any metal, stone, or mineral, the filing shall
include the following:
(i)
The name, address and telephone number of each of the seller's suppliers and a
description of each metal, stone, or mineral provided
by the supplier.
(ii) If possession of any
metal, stone, or mineral is to be retained by the seller or will not
be transferred to the purchaser until the purchaser
has paid in full, the filing shall include the
following:
(A) The address of each
location where the metal, stone, or mineral will be kept;
(B) If not kept on
premises owned by the seller or at an address or addresses set forth in
compliance with subparagraph (C) of this paragraph,
the name of the owner of the business at
which the metal, stone, or mineral will be kept;
(C) A copy of any
contract or other document which evidences the seller's right to store
the metal, stone, or mineral at the address or
addresses designated pursuant to subparagraph (A)
of this paragraph.
(iii) If the seller is
not selling the metal, stone, or mineral from its own inventory, but
instead purchases the metal, stone, or mineral to fill
orders taken from purchases, the filing shall
include copies of all contracts or other documents
evidencing the seller's ability to call upon
suppliers to fill the seller's orders.
(iv) If the seller
represents to purchasers that the seller has insurance or a surety bond of
any type relating to a purchaser's purchase of any
metal, stone, or mineral from the seller, the
filing shall include a complete copy of all these
insurance policies and bonds.
(v) If the seller makes
any representation as to the earning or profit potential of
purchases of any metal, stone, or mineral, the filing
shall include data to substantiate the claims
made. If the representation relates to previous sales
made by the seller or a related entity,
substantiating data shall be based on the experiences
of at least fifty percent (50%) of the persons
who have purchased the particular metal, stone, or
mineral from the seller or related entity during
the preceding six months (or if the seller or related
entity has not been in business that long,
during the period the seller or related entity has
been in business) and includes the raw data upon
which the representation is based, including, but not
limited to, all of the following:
(A) The length of time
the seller or related entity has been selling the particular metal,
stone or mineral being offered;
(B) The number of purchasers
from the seller or related entity known to the seller or
related entity to have made at least the same earnings
or profit as those represented;
(C) The percentage that
the number disclosed pursuant to subdivision (B) represents of
the total number of purchasers from the seller or
related entity of the particular metal, stone, or
mineral.
(13) If the telephonic
seller is offering to sell an interest in oil, gas, or mineral fields,
wells or exploration sites, the filing shall include
disclosure of the following:
(i)
the The seller's ownership interest, if
any, in each field, well or site being offered for
sale;
(ii) the The total number of interests to be sold in each
field, well, or site being offered
for sale;
(iii) if If, in selling an interest in any particular field,
well, or site, reference is made to an
investigation of these fields, wells, or sites by the
seller or anyone else, the filing shall include the
following:
(A) The name, business
address, telephone number and professional credentials of the
person or persons who made the investigation;
(B) A copy of the
report and documents relating to the investigation prepared by the
person or persons.
(iv) If the seller
makes any representation as to the earning or profit potential of
purchases of any interest in these fields, wells, or
sites, the filing shall include data to substantiate
the claims made. If the representation relates to
previous sales made by the seller or related entity,
then substantiating data shall be based on the
experiences of at least fifty percent (50%) of the
purchasers of the particular interests from the seller
or the related entity during the preceding six
months (or if the seller has not been in business that
long, during the period the seller or related
entity has been in business) and shall include the raw
data upon which the representation is based,
including, but not limited to, all of the following:
(A) The length of time
the seller or related entity has been selling the particular interests
in the fields, wells, or sites being offered;
(B) The number of
purchasers of the particular interests from the seller or related entity
known to the seller to have made, at least the same earnings
as those represented;
(C) The percentage the
number disclosed pursuant to subparagraph (B) of this paragraph
represents of the total number of purchasers of the
particular interests from the seller or related
entity.
SECTION
40. Section 5-63.2-13 of the General Laws in Chapter 5-63.2 entitled
"Mental
Health Counselors and
Marriage and Family Therapists" is hereby amended to read as follows:
5-63.2-13.
Licensure application. -- (a) Each person desiring to obtain a license
as a
practicing marriage and family therapist or clinical
mental health counselor shall make
application to the board upon the form and in the
manner that the board prescribes and shall
furnish satisfactory evidence to the board that she or
he:
(1) Is of good moral
character;
(2) Has not engaged or
is not engaged in any practice or conduct which would be a
ground for refusing to issue a license under section
5-63.2-21 of this chapter;
(3) Is qualified for
licensure pursuant to the requirements of this chapter, or is currently
certified by the
family therapist. The transition from certification to
licensure does not require an additional fee
payment.
(b) [Deleted by P.L.
2005, ch. 410, section 6].
(c) (b)
Any person who applies to the board shall be issued a license by the board if
she
or he meets the qualifications stated in subdivisions
(a)(1), (2), and (3) of this section and
provides satisfactory evidence to the board that she
or he:
(1) Meets educational
experience qualifications as follows:
(i)
Educational requirements: a master's degree or certificate in advanced graduate
studies or a doctoral degree in marriage and family
therapy or mental health counseling from a
recognized educational institution, or a graduate
degree in an allied field from a recognized
educational institution and graduate level course work
which is equivalent to a master's degree in
marriage and family therapy or mental health
counseling, as determined by the board.
(ii) Experience
requirements: successful completion of two (2) calendar years of work
experience in marriage and family therapy or mental
health counseling under qualified
supervision following receipt of a qualifying degree.
(2) Passes an
examination administered by the board.
SECTION
41. Section 5-65-1 of the General Laws in Chapter 5-65 entitled
"Contractors'
Registration and Licensing
Board" is hereby amended to read as follows:
5-65-1.
Definitions. -- As used in this chapter:
(1) "Board"
means the contractors' registration and licensing board established pursuant
to the provisions of
(2)
"Commission" means the building code commission supportive of the
contractors'
registration and licensing board.
(3) (i) "Contractor" means a person who, in the
pursuit of an independent business,
undertakes or offers to undertake or submits a bid, or
for compensation and with or without the
intent to sell the structure arranges to construct,
alter, repair, improve, move over public
highways, roads or streets or demolish a structure or
to perform any work in connection with the
construction, alteration, repair, improvement, moving
over public highways, roads or streets or
demolition of a structure, and the appurtenances
thereto. "Contractor" includes, but is not limited
to, any person who purchases or owns property and
constructs or for compensation arranges for
the construction of one or more structures.
(ii) A certificate of
registration is necessary for each "business entity" regardless of
the
fact that each entity may be owned by the same
individual.
(4) "Dwelling
unit" means a single unit providing complete independent living facilities
for one or more persons, including permanent
provisions for living, sleeping, eating, cooking, and
sanitation.
(5) "Hearing
officer" means a person designated by the executive director, to hear
contested claims or cases, contested enforcement
proceedings, and contested administrative fines,
in accordance with the Administrative Procedures Act,
chapter 35 of title 42.
(6) "Monetary
damages" means the dollar amount required in excess of the contract
amount necessary to provide the claimant with what was
agreed to be provided under the terms of
the contract reduced by any amount due and unpaid to
the respondent inclusive of any and all
awards and restitution.
(6) (7)
"Staff" means the executive director for the contractors'
registration and licensing
board, and any other staff necessary to carry out the
powers, functions and duties of the board
including inspectors, hearing officers and other
supportive staff.
(7) (8)
"State" means the state of
(8) (9)
"Structure" means (i) any commercial
building; or (ii) any building containing
one or more residences and their appurtenances. The
board's dispute resolution process shall
apply only to residential structures containing
dwelling units as defined in the state building code
or residential portions of other types of buildings
without regard to how many units any structure
may contain. The board retains jurisdiction and may
conduct hearings regarding violations
against all contractors required to be registered or
licensed by the board.
(9) (10)
"Substantially" means any violation, which affects the health,
safety, and
welfare of the general public.
(10) "Monetary
damages" means the dollar amount required in excess of the contract
amount necessary to provide the claimant with what was
agreed to be provided under the terms of
the contract reduced by any amount due and unpaid to
the respondent inclusive of any and all
awards and restitution.
SECTION
42. Sections 5-65-16 and 5-65-24 of the General Laws in Chapter 5-65
entitled "Contractors'
Registration and Licensing Board" are hereby amended to read as follows:
5-65-16. Powers
and duties of the board -- Investigatory powers of board -- Use of
city or county inspectors -- Conduct of hearings. -- (a) The board may investigate the activities
of any person engaged in the building and construction
industry to determine compliance with
this chapter.
(b) With the assistance
of the city or town, the board may conduct investigations with the
assistance of the local building officials.
(c) The board has the
power to administer oaths, issue notices and subpoenas in the name
of the board, compel the attendance of witnesses and
the production of evidence, hold hearings
and perform any other acts that are reasonably
necessary to carry out its duties under this chapter.
(d) If any person fails
to comply with a subpoena issued under subsection (c) of this
section or refuses to testify on matters on which the
person may be lawfully interrogated, the
board may compel obedience.
(e) The board shall
have the authority to hire private investigators or constables to carry
out the duties of this chapter. The costs and expenses
incurred by the hiring of private
investigators may be borne by the contractor or
non-prevailing party.
(f) In addition to all
powers granted to the board under this chapter the board shall have
the power and authority to:
(1) award Award monetary damages and fines provided by this
chapter;
(2) order Order specific performance of any contract; and
(3) provide Provide any other relief and/or remedy provided by
this chapter and the
contractors' registration board's rules and
regulations.
(g) The board may, at
its discretion, require any contractor who has had action taken
against his/her registration to obtain a bond not to
exceed thirty thousand dollars ($30,000).
5-65-24. Limited
applicability of chapter to non-residential contractors. -- (a)
Notwithstanding anything set forth in this chapter to
the contrary, the provisions of the following
sections of this chapter shall not apply to any
contractor who does not regularly in the course of
his or her or its business as a contractor engage in
construction activities as contemplated under
this chapter on residential structures:
(1) section 5-65-3(p);
(2) section 5-65-3(k);
(3) section 5-65-4;
(4) section 5-65-11;
(5) section 5-65-12;
(6) section 5-65-18;
and
(7) Subsection
5-65-5(e).
(b) Notwithstanding
anything set forth in this chapter to the contrary, the provisions of
the following sections of this chapter shall have only
the limited applicability set forth below
respecting any contractor who does not regularly in
the course of his or her or its business as a
contractor engage in construction activities as
contemplated under this chapter on residential
structures:
(1) the The provisions of section 5-65-3(a) concerning the
joint and several liability of
applicable corporations or partnerships and their
respective designees for the payment of the
registration fee as requested in this chapter and for
violations of any provisions of this chapter
shall apply; and
(2) the The provisions of section 5-65-10(a)(4) concerning
violation of a rule or order of
the board shall only apply to the extent that any such
rule or order does not relate to or is not
derived from one of the inapplicable provisions
referenced in this section.
SECTION
43. Section 5-71-5 of the General Laws in Chapter 5-71 entitled
"Interpreters
for the Deaf" is
hereby amended to read as follows:
5-71-5. Board of
examiners -- Duties and powers -- Meetings -- Compensation of
members. --
(a) The department with the assistance of the board shall administer,
coordinate and
enforce the provisions of this chapter, evaluate the
qualifications of applicants, and may issue
subpoenas, examine witnesses, and administer oaths,
and investigate persons engaging in
practices which violate the provisions of this
chapter.
(b) The department
shall conduct hearings and shall keep records and minutes that are
necessary for the orderly dispatch of business.
(c) The department
shall hold public hearings regarding rules and regulations.
(d) The department in
consultation with the board, in accordance with the rule-making
provisions of the Administrative Procedures Act, chapter
35 of title 42, shall adopt responsible
rules and regulations, and may amend or repeal those
rules and regulations. Following their
adoption, the rules and regulations shall govern and
control the professional conduct of every
person who holds a license to practice interpreting or
transliterating for the deaf in the state of
Rhode Island.
(e) Regular meetings of
the board shall be held, and special meetings may be held upon
the call of the chairperson as necessary to deal with
such issues as violations of this chapter;
provided, that at least one regular meeting is held
each calendar year.
(f) The conferral or
enumeration of specific powers in this chapter shall not be construed
as a limitation of the general powers conferred by the
section. No member of the board shall be
liable to civil action for any act performed in good
faith in the performance of his or her duties as
prescribed by this chapter.
(g) Board members shall
serve on an honorable basis without compensation.
(h) The board may
request legal advice and assistance from the appropriate legal officer.
(i)
The board shall conduct a training course for newly appointed and qualified
members
within six (6) months of their appointment. The course
shall be developed and conducted by the
chair of the commission, approved by the commission,
and shall include instruction in the subject
areas of this chapter, and chapters 42-46, 36-14, and
38-2, and the commission's rules and
regulations. The director of the department of
administration shall, within ninety (90) days of the
effective date of this act [March 29, 2006] prepare and disseminate
training materials relating to
the provisions of chapters 42-46, 36-14, and 38-2.
(j) Within ninety (90)
days after the end of each fiscal year, the board shall approve and
submit an annual report to the governor, the speaker
of the house of representatives, the president
of the senate, and the secretary of state of its
activities during that fiscal year. The report shall
provide: an operating statement summarizing meetings
or hearings held, including meeting
minutes, subjects addressed, decisions rendered,
licenses considered and their dispositions, rules
or regulations promulgated, studies conducted,
policies and plans developed, approved or
modified, and programs administered or initiated; a
consolidated financial statement of all funds
received and expended including the source of the
funds, a listing of any staff supported by these
funds, and a summary of any clerical, administrative
or technical support received; a summary of
performance during the previous fiscal year including
accomplishments, shortcomings and
remedies; a synopsis of hearings, complaints,
suspensions or other legal matters related to the
authority of the board; a summary of any training
courses held pursuant to the provisions of
subdivision paragraph
5-71-5(1) 5-71-5(i); a briefing on
anticipated activities in the upcoming
fiscal year; and findings and recommendations for
improvements. The report shall be posted
electronically on the general assembly and the
secretary of state's websites as prescribed in
section 42-20-8.2. The director of the department of
administration shall be responsible for the
enforcement of this provision.
SECTION
44. Section 5-79-1 of the General Laws in Chapter 5-79 entitled "Mortgage
Foreclosure Consultant
Regulation" is hereby amended to read as follows:
5-79-1.
Definitions. -- As used in this chapter:
(1)
"Contract" means any agreement, or any term in any agreement, between
a
foreclosure consultant and an owner for the rendition
of any services as defined in subdivision
(8).
(a) (2)
"Foreclosure consultant" means any person who, directly or
indirectly, makes any
solicitation, representation, or offer to any owner to
perform for compensation or who, for
compensation, performs any service which the person in
any manner represents will in any
manner do any of the following:
(1) (i) Stop or postpone the foreclosure sale;
(2) (ii)
Obtain any forbearance from any beneficiary or mortgagee;
(3) (iii)
Assist the owner to exercise the right of redemption provided in section
34-23-2;
(4) (iv)
Obtain any extension of the period within which the owner may reinstate the
owner's obligation;
(5) (v)
Obtain any waiver of an acceleration clause contained in any promissory note or
contract secured by a mortgage on a residence in foreclosure
or contained in the mortgage;
(6) (vi)
Assist the owner in foreclosure or loan default to obtain a loan or advance of
funds;
(7) (vii)
Avoid or ameliorate the impairment of the owner's credit resulting from the
recording of a notice of default or the conduct of a
foreclosure sale; or
(8) (viii)
Save the owner's residence from foreclosure.
(b) (3) A
foreclosure consultant does not include any of the following:
(1) (i) A person licensed to practice law in this state when
the person renders service in
the course of his or her practice as an
attorney-at-law;
(2) (ii)
A person licensed as a credit counselor under chapter 19-14.7, when the person
is
acting as a credit counselor in accordance with the
chapter;
(3) (iii)
A person licensed as a real estate broker or salesperson under chapter 5-20.5
when the person engages in acts whose performance
requires licensure under that chapter;
(4) (iv)
A person licensed as an accountant under chapter 5-3.1 when the person is
acting
in any capacity for which the person is licensed under
those provisions;
(5) (v) A
person or the person's authorized agent acting under the express authority or
written approval of the department of housing and
urban development or other department or
agency of the United States or this state to provide
services;
(6) (vi)
A person who holds or is owed an obligation secured by a lien on any residence
in foreclosure when the person performs services in
connection with this obligation or lien of the
obligation or lien did not arise as the result of or
as part of a proposed foreclosure reconveyance;
(7) (vii)
Any person or entity doing business under any law of this state, or of the
United
States relating [to] banks, trust
companies, savings and loan associations, industrial loan and thrift
companies, regulated lenders, credit unions, insurance
companies, or a mortgagee which is a
United States Department of Housing and Urban
Development approved mortgagee and any
subsidiary or affiliate of these persons or entities,
and any agent or employee of these persons or
entities while engaged in the business of these
persons or entities;
(8) (viii)
A person licensed as a residential mortgage originator or servicer pursuant to
chapter 19-14, when acting under the authority of that
license or a foreclosure purchaser as
defined in section 5-79-10;
(9) (ix)
A nonprofit agency or organization that offers counseling or advice to an owner
of a home in foreclosure or loan default if they do
not contract for services with for-profit lenders
or foreclosure purchasers; and
(10) (x)
A judgment creditor of the owner, to the extent that the judgment creditor's
claim accrued prior to the personal service of the
foreclosure notice required by section 34-27-4,
but excluding a person who purchased the claim after
such personal service.
(c) (4)
"Foreclosure reconveyance" means a
transaction involving:
(1) (i) The transfer of title to real property by a
foreclosed homeowner during a
foreclosure proceeding, either by transfer of interest
from the foreclosed homeowner or by
creation of a mortgage or lien or encumbrance during
the foreclosure process that allows the
acquirer to obtain title to the property by redeeming
the property as a junior lienholder; and
(2) (ii)
The subsequent conveyance, or promise of a subsequent conveyance, of an
interest back to the foreclosed homeowner by the
acquirer or a person acting in participation with
the acquirer that allows the foreclosed homeowner to
possess the real property following the
completion of the foreclosure proceeding, which
interest includes, but is not limited to, an interest
in a contract for deed, purchase agreement, option to
purchase, or lease.
(5) "Owner"
means the record owner of the residential real property in foreclosure at the
time the notice of pendency was recorded, or the
summons and complaint served.
(d) (6)
"Person" means any individual, partnership, corporation, limited
liability
company, association, or other group, however
organized.
(7) "Residence
in foreclosure" means residential real property consisting of one to four
(4) family dwelling units, one of which the owner
occupies as his or her principal place of
residence, and against which there is an outstanding
notice of pendency of foreclosure, pursuant
to section 34-27-4, or against which a summons and
complaint has been served under section 34-
27-1.
(e) (8)
"Service" means and includes, but is not limited to, any of the
following
activities:
(1) (i) Debt, budget or financial counseling of any type;
(2) (ii)
Receiving money for the purpose of distributing it to creditors in payment or
partial payment of any obligation secured by a lien on
a residence in foreclosure;
(3) (iii)
Contacting creditors on behalf of an owner of a residence in foreclosure;
(4) (iv)
Arranging or attempting to arrange for an extension of the period within which
the owner of a residence in foreclosure may cure the
owner's default and reinstate his or her
obligation pursuant to section 34-23-3;
(5) (v)
Arranging or attempting to arrange for any delay or postponements of the time
of
sale of the residence in foreclosure;
(6) (vi)
Advising the filing of any document or assisting in any manner in the
preparation
of any document for filing with any bankruptcy court;
or
(7) (vii)
Giving any advise [advice] explanation, or instruction to an owner of a
residence
in foreclosure, which in any manner relates to the
cure of a default in or the reinstatement of an
obligation secured by a lien of the residence in
foreclosure, the full satisfaction of that obligation,
or the postponement or avoidance of a sale of a
residence in foreclosure, pursuant to a power of
sale contained in any mortgage;.
(f) "Residence
in foreclosure" means residential real property consisting of one to four
(4) family dwelling units, one of which the owner
occupies as his or her principal place of
residence, and against which there is an outstanding
notice of pendency of foreclosure, pursuant
to section 34-27-4, or against which a summons and
complaint has been served under section 34-
27-1.
(g)
"Owner" means the record owner of the residential real property in
foreclosure at the
time the notice of pendency was recorded, or the
summons and complaint served.
(h)
"Contract" means any agreement, or any term in any agreement, between
a
foreclosure consultant and an owner for the rendition
of any services as defined in paragraph (e).
SECTION
45. Sections 5-80-4 and 5-80-8 of the General Laws in Chapter 5-80 entitled
"Mortgage Foreclosure
Purchasers" are hereby amended to read as follows:
5-80-4. Contract
cancellation. -- (a) In addition to any other right of rescission, the
foreclosed homeowner has the right to cancel any
contract with a foreclosure purchaser until
midnight of the fifth (5th) business day following the
day on which the foreclosed homeowner
signs a contract that complies with sections 5-80-1 --
5-80-6 or until 8:00 a.m. on the last day of
the period during which the foreclosed homeowner has a
right of redemption, whichever occurs
first.
(b) Cancellation occurs
when the foreclosed homeowner delivers, by any means, written
notice of cancellation to addresses specified in the
contract.
(c) A notice of
cancellation given by the foreclosed homeowner need not take the
particular from [form] as provided
with the contract.
(d) Within ten (10)
days following the receipt of a notice of cancellation given in
accordance with this section, the foreclosure
purchaser shall return without condition any original
contract and any other documents signed by the
foreclosed homeowner.
5-80-8. Prohibited
practices. -- A foreclosure purchaser shall not:
(a) (1)
Enter into, or attempt to enter into, a foreclosure reconveyance
with a foreclosed
homeowner unless:
(1) (i) The foreclosure purchaser verifies and can
demonstrate that the foreclosed
homeowner has a reasonable ability to pay for the
subsequent conveyance of an interest back to
the foreclosed homeowner. In the case of a lease with
an option to purchase, payment ability also
included the reasonable ability to make the lease
payments and purchase the property within the
term of the option to purchase. There is a rebuttable
presumption that a homeowner is reasonably
able to pay for the subsequent conveyance if the
owner's payments for primary housing expenses
and regular principal and interest payments on other
personal debt, on a monthly basis, do not
exceed sixty percent (60%) of the owner's monthly
gross income. For the purposes of this section,
"primary housing expenses" means the sum of
payments for regular principal, interest, rent,
utilities, hazard insurance, real estate taxes, and
association dues. There is a rebuttable
presumption that the foreclosure purchaser has not
verified reasonable payment ability if the
foreclosure purchaser has not obtained documents other
than a statement by the foreclosed
homeowner of assets, liabilities, and income;
(2) (ii)
The foreclosure purchaser and the foreclosed homeowner complete a closing for
any foreclosure reconveyance
in which the foreclosure purchaser obtains a deed or mortgage
from a foreclosed homeowner. For purposes of this
section, "closing" means an in-person
meeting to complete final documents incident to the
sale of the real property or creation of a
mortgage on the real property conducted by a closing
agent who is not employed by or an affiliate
of the foreclosure purchaser;
(3) (iii)
The foreclosure purchaser obtains the written consent of the foreclosed
homeowner to a grant by the foreclosure purchaser of
any interest in the property during such
times as the foreclosed homeowner maintains any
interest in the property; and
(4) (iv)
The foreclosure purchaser complies with the requirements of the federal home
Ownership Equity Protection Act, United States Code,
title 15, section 1639, or its implementing
regulation, Code of Federal Regulations, title 12,
sections 226.31 -- 226.34, for any foreclosure
reconveyance in which [the] foreclosed homeowner
obtains a vendee interest in a contract for
deed;
(b) (2)
Fail to either;
(1) (i) Ensure that title to the subject dwelling has been reconveyed to the foreclosed
homeowner; or
(2) (ii)
Make a payment to the foreclosed homeowner such that the foreclosed
homeowner has received consideration in an amount of
at least eighty two percent (82%) of the
fair market value of the property within one hundred
fifty (150) days of either the eviction or
voluntary relinquishment of possession of the dwelling
by the foreclosed homeowner. The
foreclosure purchaser shall make a detailed accounting
of the basis for the payment amount, or a
detailed accounting of the reasons for failure to make
a payment, including providing written
documentation of expenses, within this one hundred
fifty (150) day period. The accounting shall
be on a form prescribed by the department of attorney
general, in consultation with the
department of business regulation, without being
subject to the rulemaking procedures of chapter
42-35. For purposes of this provision, the following
applies:
(i)
(A) There is a rebuttable presumption that an appraisal by a person
licensed or
certified by an agency of the federal government or
this state to appraise real estate constitutes the
fair market value of the property;
(ii) (B)
The time for determining the fair market value amount shall be determined in
the
foreclosure reconveyance
contract as either at the time of the execution of the foreclosure
reconveyance contract or at resale. If the contract states that
the fair market value shall be
determined at the time of resale, the fair market
value shall be the resale price if it is sold within
one hundred twenty (120) days of the eviction or
voluntary relinquishment of the property by the
foreclosed homeowner. If the contract states that the
fair market value shall be determined at the
time of resale, and the resale is not completed within
one hundred twenty (120) days of the
eviction or voluntary relinquishment of the property
by the foreclosed homeowner, the fair
market value shall be determined by an appraisal
conducted during this one hundred twenty (120)
[day]
period and payment, if required, shall be made to the homeowner, but the fair
market value
shall be recalculated as the resale price, on resale
and an additional payment amount, if
appropriate based on the resale price, shall be made
to the foreclosed homeowner within fifteen
(15) days of resale, and a detailed accounting of the
basis for the payment amount, or a detailed
accounting of the reasons for failure to make
additional payment, shall be made within fifteen
(15) days of resale, including providing written
documentation of expenses. The accounting shall
be on a form prescribed by the department of attorney
general, in consultation with the
department of business regulation, without being
subject to the rulemaking procedures of chapter
42-35;
(iii) (C)
"Consideration" shall mean any payment or item of value provided to
the
foreclosed homeowner, including unpaid rent or
contract for deed payments owed by the
foreclosed homeowner prior to the date of eviction or
voluntary relinquishment of the property,
reasonable costs paid to third parties necessary to
complete the foreclosure reconveyance
transaction, payment of money to satisfy a debt or
legal obligation of the foreclosed homeowner,
or the reasonable cost of repairs for damage to the
dwelling caused by the foreclosed homeowner;
(iv) (D)
"Consideration" shall not include amounts imputed as a down payment
or fee to
the foreclosure purchaser, or a person acting in
participation with the foreclosure purchaser,
incident to a contract for deed, lease, or option to
purchase entered into as part of the foreclosure
reconveyance, except for reasonable costs paid to third parties
necessary to complete the
foreclosure reconveyance;
(c) (3)
Enter into repurchase or lease terms as part of the subsequent conveyance that
are
unfair or commercially unreasonable, or engage in any
other unfair conduct;
(d) (4)
Represent, directly or indirectly, that:
(1) (i) The foreclosure purchaser is acting as an advisor or
a consultant, or in any other
manner represents that the foreclosure purchaser is
acting on behalf of the homeowner;
(2) (ii)
The foreclosure purchaser has certification or licensure that the foreclosure
purchaser does not have, or that the foreclosure
purchaser is not a member of a licensed
profession if that is untrue;
(3) (iii)
The foreclosure purchaser is assisting the foreclosed homeowner to "save
the
house" or substantially similar phrase; or
(4) (iv)
The foreclosure purchaser is assisting the foreclosed homeowner in preventing a
completed foreclosure if the result of the transaction
is that the foreclosed homeowner will not
complete a redemption of the property;
(e) (5)
Make any other statements, directly or by implication, or engage in any other
conduct that is false, deceptive, or misleading, or
that has the likelihood to cause confusion or
misunderstanding, including, but not limited to,
statements regarding the value of the residence in
foreclosure, the amount of proceeds the foreclosed
homeowner will receive after a foreclosure
sale, any contract term, or the foreclosed homeowner's
rights or obligations incident to or arising
out of the foreclosure reconveyance;
or
(f) (6)
Do any of the following until the time during which the foreclosed homeowner
may cancel the transaction has fully elapsed:
(1) (i) Accept from any foreclosed homeowner an execution
of, or induce any foreclosed
homeowner to execute, any instrument of conveyance of
any interest in the residence in
foreclosure;
(2) (ii)
Record with the records of land evidence in the city or town where such
foreclosed property is located any document,
including, but not limited to, any instrument of
conveyance, signed by the foreclosed homeowner;
(3) (iii)
Transfer or encumber or purport to transfer or encumber any interest in the
residence in foreclosure to any third-party, provided
no grant of any interest or encumbrance is
defeated or affected as against a bona fide purchaser
or encumbrance for value and without notice
of a violation of sections 5-80-1 -- 5-80-9, and
knowledge on the part of any such person or entity
that the property was "residential real property
in foreclosure" does not constitute notice of a
violation of sections 5-80-1 -- 5-80-9. This section
does not abrogate any duty of inquiry which
exists as to rights or interest of persons in
possession of the residential real property in
foreclosure; or
(4) (iv)
Pay the foreclosed homeowner any consideration.
SECTION
46. Sections 45-2-34 and 45-2-36 of the General Laws in Chapter 45-2
entitled "General
Powers" are hereby amended to read as follows:
45-2-34. Town of
Tiverton 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, including minimum
housing ordinances of the town and any
violation of the provisions of chapter 24.3 of this
title, entitled the Rhode Island Housing
Maintenance and Occupancy Code; provided, however,
that any defendant found guilty of any
offense, excluding violations of the minimum housing
ordinances or chapter 24.3 may, within
seven (7) days of conviction, file an appeal from the
conviction to the superior court and be
entitled in the latter court to a trial de novo; and
provided further, however, that any defendant
found guilty of any violation of a minimum housing
ordinance or of chapter 24.3, may within
seven (7) days of conviction, file an appeal from the
conviction to the second division of the
district court and be entitled to a trial de novo in
accordance with sections 8-8-3(a) (4) and 8-8-
3.2.
(2) With respect to
violations of either municipal ordinances dealing with minimum
housing or chapter 24.3 et seq., of this title dealing
with housing maintenance and occupancy, the
town council may also confer upon the municipal court,
in furtherance of the court's jurisdiction,
the power to proceed according to equity:
(a) (i) To restrain, prevent, enjoin, abate, or correct a
violation;
(b) (ii)
To order the repair, vacation, or demolition of any dwelling existing in
violation;
or
(c) (iii)
To otherwise compel compliance with all of the provisions of those ordinances
and statutes.
(3) The town council of
the town of
judge of the municipal court. The town council of the
town 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
sentence not to exceed thirty (30) days in jail and
impose a fine not in excess of five hundred dollars
($500), or both. The court is empowered to
administer oaths, compel the attendance of witnesses,
and punish persons for contempt, and to
execute search warrants to the extent the warrants
could be executed by a judge of the district
court.
45-2-36. Town of
may amend the
appointment of a tax assessor. The tax assessor shall
serve at the pleasure of the town council.
Qualifications shall be set by the town council in
accord with state requirements and
compensation shall be paid as approved at the town
financial meeting. The tax assessor shall
perform the duties previously performed by the board
of tax assessors
(b) Each individual
currently serving as a member of the board of tax assessors, on the
date of the employment of the tax assessor under this
section, shall continue to serve as members
of a board of tax and assessment review until the
expiration of their respective terms. Thereafter,
each and every one of their successors shall be
elected for four (4) year terms of office.
Compensation for the members shall be set at the town financial
meeting.
(c) The board of tax
and assessment review shall hear and consider the appeal of any
property owner concerning his or her assessed
valuation or annual tax bill. If it appears appear
that the assessed valuation of any property has been
erroneously or incorrectly assessed, the board
has the authority to order a correction, certify the
result of its decision to the tax assessor to make
the change and inform the council of its decision. If
the current tax bill of any property owner is
determined to be incorrect, the board may recommend to
the council that a reduction or
cancellation should be made, and the council shall
make the adjustment as provided by law.
Appeals from decisions of the board or the council
shall lie to the superior court as provided by
law.
(d) No member of the
board of tax and assessment review shall be appointed nor serve as
the tax assessor until a full twelve (12) months have
elapsed from the time the member ceased to
serve on the board of tax and assessment review.
(e) The council shall
provide by ordinance for the procedures to be followed by the
board, including the manner of receiving, considering
and disposing of appeals.
(f) The question of the
approval of this act shall be submitted to the electors of the town
at any general election after being so proposed by
petition of ten percent (10%) of all registered
and qualified voters; the petition having been
certified by the board of canvassers and submitted
to the council within a time practicable to meeting
state filing timetables.
SECTION
47. Section 45-13-1 of the General Laws in Chapter 45-13 entitled "State
Aid"
is hereby amended to read
as follows:
45-13-1.
Apportionment of annual appropriation for state aid. -- (a) As used in
this
chapter, the following words and terms have the
following meanings:
(1)
"Population" means the most recent estimates of population for each
city and town as
reported by the
(2) (1)
"Income" means the most recent estimate of per-capita income for a
city, town or
county as reported by the
(2)
"Population" means the most recent estimates of population for each
city and town as
reported by the
(3) "Tax
effort" means the total taxes imposed by a city or town for public
purposes or
the totals of those taxes for the cities or towns
within a county (except employee and employer
assessments and contributions to finance retirement
and social insurance systems and other
special assessments for capital outlay) determined by
the United States secretary of commerce for
general statistical purposes and adjusted to exclude
amounts properly allocated to education
expenses.
(4) (3)
"Reference year" means the second fiscal year preceding the beginning
of the
fiscal year in which the distribution of state aid to
cities and towns is made provided however that
the reference year for distributions made in fiscal
year 2007-2008 shall be the third fiscal year
preceding the beginning of the fiscal year 2007-2008
and provided further that the reference year
for distributions made in fiscal year 2008-2009 shall
be the fourth fiscal year preceding the
beginning of the fiscal year 2008-2009.
(4) "Tax
effort" means the total taxes imposed by a city or town for public
purposes or
the totals of those taxes for the cities or towns
within a county (except employee and employer
assessments and contributions to finance retirement
and social insurance systems and other
special assessments for capital outlay) determined by
the United States secretary of commerce for
general statistical purposes and adjusted to exclude
amounts properly allocated to education
expenses.
(b) Aid to cities and
towns shall be apportioned as follows: For each county, city or
town, let R be the tax effort divided by the square of
per capita income, i.e., R = (tax
effort)/(income x income).
The amount to be
allocated to the counties shall be apportioned in the ratio of the value
of R for each county divided by the sum of the values
of R for all five (5) counties.
The amount to be
allocated for all cities and for all towns within a county shall be the
allocation for that county apportioned proportionally
to the total tax effort of the towns and cities
in that county.
The amount to be allocated
to any city or town is the amount allocated to all cities or all
towns within the county apportioned in the ratio of
the value of R for that city (or town) divided
by the sum of the values of R for all cities (or all
towns) in that county; provided, further, that no
city or town shall receive an entitlement in excess of
one hundred forty-five percent (145%) of
that city or town's population multiplied by the
average per capita statewide amount of the annual
appropriation for state aid to cities and towns. Any
excess entitlement shall be allocated to the
remainder of the cities and towns in the respective
county in accordance with the provisions of
this section.
For fiscal year 2004,
notwithstanding the provisions of subsection (a), aid calculations
shall be based on a blended rate of ninety percent
(90%) of the data from the 1990 census and ten
percent (10%) of the data from the 2000 census. In
each of the succeeding nine (9) fiscal years,
the calculations shall be based on a blended rate that
increases the percentage of data utilized
from the 2000 census by ten percent (10%) from the
previous year and decreases the percentage
of the data utilized from the 1990 census by ten
percent (10%) from the previous year.
(c) The total amount of
aid to be apportioned pursuant to subsection (b) above shall be
specified in the annual appropriation act of the state
and shall be equal to the following:
(1) For fiscal years
ending June 30, 1994 through June 30, 1998, the total amount of aid
shall be based upon one percent (1%) of total state
tax revenues in the reference year.
(2) For the fiscal year
ending June 30, 1999, the total amount of aid shall be based upon
one and three-tenths percent (1.3%) of total state tax
revenues in the reference year.
(3) For the fiscal year
ending June 30, 2000, the total amount of aid shall be based upon
one and seven-tenths percent (1.7%) of total state tax
revenues in the reference year.
(4) For the fiscal year
ending June 30, 2001, the total amount of aid shall be based upon
two percent (2.0%) of total state tax revenues in the
reference year.
(5) For the fiscal year
ending June 30, 2002, the total amount of aid shall be based upon
two and four-tenths percent (2.4%) of total state tax
revenues in the reference year.
(6) For the fiscal year
ending June 30, 2003, the total amount of aid shall be based upon
two and four-tenths percent (2.4%) of total state tax
revenues in the reference year.
(7) For the fiscal year
ending June 30, 2004, the total amount of aid shall be based upon
two and seven-tenths percent (2.7%) of total state tax
revenues in the reference year.
(8) For the fiscal year
ending June 30, 2005, the total amount of aid shall be fifty-two
million four hundred thirty-eight thousand five
hundred thirty-two dollars ($52,438,532).
(9) For the fiscal year
ending June 30, 2006, the total amount of aid shall be based upon
three percent (3.0%) of total state tax revenues in
the reference year.
(10) For the fiscal
year ending June 30, 2007 the total amount of aid shall be sixty-four
million six hundred ninety-nine thousand three dollars
($64,699,003).
(11) For the fiscal
year ending June 30, 2008, the total amount of aid shall be sixty-four
million six hundred ninety-nine thousand three dollars
($64,699,003).
(12) For the fiscal
year ending June 30, 2010 and each year thereafter, the total amount
of aid shall be based upon three percent (3.0%) of
total state tax revenues in the reference year.
(13) [Deleted by
P.L. 2007, ch. 73, art. 25, section 1.]
(14) [Deleted by
P.L. 2007, ch. 73, art. 25, section 1.]
(d) The assent of
two-thirds ( 2/3) of the members elected to each house of the general
assembly shall be required to repeal or amend this
section.
(e) For the fiscal year
ending June 30, 2008 the apportionments of state aid as derived
through the calculations as required by subsections
(a) through (c) of this section shall be adjusted
downward statewide by ten million dollars
($10,000,000).
(f) For the fiscal year
ending June 30, 2009, the total amount of aid shall be fifty-four
million six hundred ninety-nine thousand three dollars
($54,699,003).
SECTION
48. Sections 45-19-6 and 45-19-13 of the General Laws in Chapter 45-19
entitled "Relief of
Injured and Deceased Fire Fighters and Police Officers" are hereby amended
to
read as follows:
45-19-6.
Compensation of fund members. -- (a) Members of the commission
shall not
be compensated for their service on the commission.
(b) [Deleted by P.L.
2005, ch. 117, art. 21, section 37.]
45-19-13.
Appropriations taking place of funds. -- Wherever in sections 45-19-3
-- 45-
19-14 reference is made to the police officer's relief
fund or to the fire fighter's relief fund, in
either instance, the word "fund" is
construed to mean the appropriations made by the general
assembly in accordance with sections 45-19-3 and
45-19-7.
SECTION
49. Sections 45-21-2, 45-21-8 and 45-21-46 of the General Laws in Chapter
45-21 entitled
"Retirement of Municipal Employees" are hereby amended to read as
follows:
45-21-2.
Definitions. -- The following words and phrases as used in this chapter
have the
following meanings unless a different meaning is
plainly required by the context:
(1) "Accumulated
contributions" means the sum of all amounts deducted from the
compensation of a member and credited to his or her
individual account in the members'
contribution reserve account.
(2) "Active
member" means any employee of a participating municipality as defined in
this section for whom the retirement system is
currently receiving regular contributions pursuant
to sections 45-21-41, 45-21-41.1 or 45-21.2-14.
(2) (3)
"Actuarial reserve" means the present value of all payments to be
made on
account of any annuity, retirement allowance, or
benefit, computed upon the basis of mortality
tables adopted by the retirement board with regular
interest.
(3) (4)
"Beneficiary" means any person in receipt of a retirement allowance,
annuity, or
other benefit as provided by this chapter.
(5) For purposes of
this chapter, "domestic partner" shall be defined as a person who,
prior to the decedent's death, was in an exclusive,
intimate and committed relationship with the
decedent, and who certifies by affidavit that their
relationship met the following qualifications:
(i)
Both partners were at least eighteen (18) years of age and were mentally
competent to
contract;
(ii) Neither partner
was married to anyone else;
(iii) Partners were
not related by blood to a degree which would prohibit marriage in the
state of Rhode Island;
(iv) Partners resided
together and had resided together for at least one year at the time of
death; and
(v) Partners were
financially interdependent as evidenced by at least two (2) of the
following:
(A) Domestic
partnership agreement or relationship contract;
(B) Joint mortgage
or joint ownership of primary residence;
(C) Two (2) of: (I)
Joint ownership of motor vehicle; (II) Joint checking account; (III)
Joint credit account; (IV) Joint lease; and/or
(D) The domestic
partner had been designated as a beneficiary for the decedent's will,
retirement contract or life insurance.
(4) (6)
"Effective date of participation" means the date on which the
provisions of this
chapter have become applicable to a municipality
accepting the provisions of the chapter in the
manner stated in section 45-21-4.
(5) (7)
"Employee" means any regular and permanent employee or officer of any
municipality, whose business time at a minimum of
twenty (20) hours a week is devoted to the
service of the municipality, including elective
officials and officials and employees of city and
town housing authorities. Notwithstanding the previous
sentence, the term "employee", for the
purposes of this chapter, does not include any person
whose duties are of a casual or seasonal
nature. The retirement board shall decide who are
employees within the meaning of this chapter,
but in no case shall it deem as an employee any
individual who annually devotes less than twenty
(20) business hours per week to the service of the
municipality and who receives less than the
equivalent of minimum wage compensation on an hourly
basis for his or her services, except as
provided in section 45-21-14.1. Casual employees mean
those persons hired for an occasional
period to perform special jobs or functions not
necessarily related to the work of regular
employees. Any commissioner of a municipal housing
authority, or any member of a part-time
state board commission, committee or other authority
is not deemed to be an employee within the
meaning of this chapter.
(6) (8)
"Final compensation" means the average annual compensation, pay, or
salary of a
member for services rendered during the period of
three (3) consecutive years within the total
service of the member when the average was highest,
and as the term average annual
compensation is further defined in section subdivision
36-8-1(4).
(7) (9)
"Fiscal year" means the period beginning on July 1 in any year and
ending on
June 30 of the next succeeding year.
(8) (10)
"Full actuarial costs" or "full actuarial value" mean the
lump sum payable by a
member claiming service credit for certain employment
for which payment is required, which is
determined according to the age of the member and his
or her annual rate of compensation at the
time he or she applies for service credit, and which
is expressed as a rate percent of the annual
rate of compensation to be multiplied by the number of
years for which he or she claims the
service credit, as prescribed in a schedule adopted by
the retirement board, from time to time, on
the basis of computation by the actuary.
(9) (11)
"Governing body" means any and all bodies empowered to appropriate
monies
for, and administer the operation of, the units as
defined in subdivision (1) of this section.
(10) (12)
"Member" means any person included in the membership of the
retirement
system as provided in section 45-21-8.
(11) (13)
"Municipality" means any town or city in the state of
town housing authority, fire, water, sewer district,
regional school district, public building
authority as established by chapter 14 of title 37, or
any other municipal financed agency to
which the retirement board has approved admission in
the retirement system.
(12) (14)
"Participating municipality" means any municipality which has
accepted this
chapter, as provided in section 45-21-4.
(13) (15)
"Prior service" means service as a member rendered before the
effective date of
participation as defined in this section, certified on
his or her prior service certificate, and
allowable as provided in section 45-21-15.
(14) (16)
"Regular interest" means interest compounded annually as determined
by the
retirement board based upon the experience of the
system.
(15) (17)
"Retirement allowance" or "annuity" means the amounts paid
to any member
of the municipal employees' retirement system of the state
of
member, as provided in this chapter. All retirement
allowances or annuities shall be paid in equal
monthly installments for life, unless otherwise
specifically provided.
(16) (18)
"Retirement board" means the state retirement board created by
chapter 8 of
title 36.
(17) (19)
"Retirement system" means the "municipal employees' retirement
system of the
state of
(18) (20)
"Service" means service as an employee of a municipality of the state
of Rhode
Island as defined in subdivision (5) (7).
(19) (21)
"Total service" means prior service as defined in subsection (13)
subdivision
(15) plus
service rendered as a member on or after the effective date of participation.
(20) "Active
member" means any employee of a participating municipality as defined in
this section for whom the retirement system is
currently receiving regular contributions pursuant
to sections 45-21-41, 45-21-41.1 or 45-21.2-14.
(21) For purposes of
this chapter, "domestic partner" shall be defined as a person who,
prior to the decedent's death, was in an exclusive,
intimate and committed relationship with the
decedent, and who certifies by affidavit that their
relationship met the following qualifications:
(i)
Both partners were at least eighteen (18) years of age and were mentally
competent to
contract;
(ii) Neither partner
was married to anyone else;
(iii) Partners were
not related by blood to a degree which would prohibit marriage in the
state of
(iv) Partners
resided together and had resided together for at least one year at the time of
death; and
(v) Partners were
financially interdependent as evidenced by at least two (2) of the
following:
(A) Domestic
partnership agreement or relationship contract;
(B) Joint mortgage
or joint ownership of primary residence;
(C) Two (2) of: (I)
joint ownership of motor vehicle; (II) joint checking account; (III)
joint credit account; (IV) joint lease; and/or
(D) The domestic
partner had been designated as a beneficiary for the decedent's will,
retirement contract or life insurance.
45-21-8.
Membership in system. -- Membership in the retirement system does not
begin
before the effective date of participation in the
system as provided in section 45-21-4, and
consists of the following:
(a) Any employee of a
participating municipality as defined in this chapter, who
becomes an employee on and after the effective date of
participation, shall, under contract of his
or her employment, become a member of the retirement
system; provided, that the employee is
not receiving any pension or retirement allowance from
any other pension or retirement system
supported wholly or in part by a participating
municipality, and is not a contributor to any other
pension or retirement system of a participating
municipality. Any employee who is elected to an
office in the service of a municipality after the
effective date, has the option of becoming a
member of the system, which option must be exercised
within sixty (60) days following the date
the employee assumes the duties of his or her office,
otherwise that person is not entitled to
participate under the provisions of this section;
(b) Any employee or
elected official of a participating municipality in service prior to
the effective date of participation, who is not a
member of any other pension or retirement system
supported wholly or in part by a participating
municipality, and who does not notify the
retirement board in writing before the expiration of
sixty (60) days from the effective date of
participation that he or she does not wish to join the
system, shall automatically become a
member; and
(c) Any employee of a
participating municipality in service prior to the effective date of
participation, who is a member of any other pension or
retirement system supported wholly or in
part by a participating municipality on the effective
date of participation of their municipality,
who then or thereafter makes written application to
join this system, and waives and renounces all
accrued rights and benefits of any other pension or
retirement system supported wholly or in part
by a participating municipality, becomes a member of
this retirement system and is shall not be
required to make contribution under any other pension
or retirement system of a participating
municipality, any thing to the contrary
notwithstanding.
(d) Notwithstanding the
provisions of this section, present firefighters employed by the
town of
system. If the town of
contributions to the pension plan, the auditor general
is authorized to redirect any
to cover the shortfall or to deduct that amount from
any moneys due the town from the state for
any purpose other than for education. Disability
determinations of present firefighters shall be
made by the state retirement board, subject to the
provisions of section 45-21-19 at the town of
the state retirement system.
45-21-46.
Forfeiture for fraudulent claims. -- Every person who knowingly or wilfully
willfully
makes or presents or in any way procures the making or presentation of any
false or
fraudulent affidavit or affirmation concerning any
claim for retirement allowance or payment of
retirement allowance, shall, in every case, forfeit a
sum not exceeding one thousand dollars
($1,000), to be sued and recovered by and in the name
of the retirement board, and when
recovered paid over to and become a part of the funds
of the retirement system.
SECTION
50. Sections 45-21.2-9, 45-21.2-21 and 45-21.2-22 of the General Laws in
Chapter 45-21.2 entitled
"Optional Retirement for Members of Police Force and Fire Fighters"
are hereby amended to read
as follows:
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
sustained while in the performance of duty and
certifying to the time, place, and conditions of the
duty performed by the member which 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, the member shall make another application
within eighteen (18) months of the
reinjury or aggravation which 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 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 due to
exposures to smoke, fumes, or carcinogenic,
poisonous, toxic, or chemical substances while in the
performance of active duty in the fire
department.
(b) (d)
For purposes of subsection (a), "reinjury"
shall mean a recurrence of the original
work-related injury from a specific ascertainable
event. The specific event must be the proximate
cause of the member's present condition of disability.
(c) For the purposes
of subsection (a), "aggravation" shall mean an intervening work-
related trauma that independently contributes to a
member's original injury 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.
(d) (e)
Any fire fighter, including one employed by the state, or a municipal
firefighter
employed by a muncipality
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 which 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, 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.
(e)
"Occupational cancer", as used in this section, means a cancer
arising out of
employment as a fire fighter, due to injury due to
exposures to smoke, fumes, or carcinogenic,
poisonous, toxic, or chemical substances while in the
performance of active duty in the fire
department.
45-21.2-21.
Optional annuity protection -- Death while employee or inactive member
status. --
The election under option 1 may be made by the member while in service;
provided,
that the member has at least ten (10) years of
membership service, and before retirement, on a
form prescribed by the retirement board. The election
is based upon the amount of retirement
allowances or actuarial equivalents that may accrue at
the date of death of the member; provided,
that the election form is executed and filed with the
retirement board prior to the date of death.
The election may be revoked or modified by the member
at any time prior to the date of
retirement, on a form prescribed by the retirement board,;
provided board; provided, that, during
this time, the named beneficiary has not been divorced
from the member. Upon death of a
member making this election, the option selected
becomes effective thirty (30) days after the first
day of the calendar month following the date of death
of the member if death occurs while in an
employee status. Should death occur while in an
inactive member status, the option selected
under this section becomes payable on the first of the
month succeeding that in which the
designated beneficiary attains the age of sixty (60)
years.
45-21.2-22.
Optional twenty year retirement on service allowance. -- The local
legislative bodies of the cities and towns may, by
ordinance adopted, permit the retirement of a
member on a service retirement allowance as follows:
(1) Any member may
retire pursuant to this section upon his or her written application to
the board stating at what time he or she desires to
retire; provided, that the member, at the
specified time for his or her retirement, has
completed at least twenty (20) years of total service,
and, notwithstanding that the member may have
separated from service;
(2) Upon retirement
from service pursuant to subdivision (a) subdivision (1), a
member
receives a retirement allowance which is a life
annuity terminable at the death of the annuitant,
and is equal to two and one-half percent (2 1/2%) of
final compensation multiplied by the years
of total service, but not to exceed seventy-five
percent (75%) of final compensation;
(3) Upon the adoption
of a service retirement allowance, pursuant to this subdivision,
each member contributes an amount equal to one percent
(1%) more than that contribution
required under section 45-21.2-14;
(4) This section is
exempt from the provisions of chapter 13 of this title.
SECTION
51. Section 45-22.2-4 of the General Laws in Chapter 45-22.2 entitled
"Rhode
45-22.2-4.
Definitions. -- As used in this chapter the following words have the
meanings
stated herein:
(1) "Affordable
housing plan" means a component of a housing element, prepared by a
town subject to planning expectations established by
chapter 53 of this title, or a component of a
housing element, prepared for the purpose of
conformity with the requirements of section 42-128-
8.1.
(1) (2)
"Agricultural land" means land suitable for agriculture by reason of suitability
of
soil or other natural characteristics or past use for
agricultural purposes. Agricultural land
includes that defined as prime farm land or additional
farm land of statewide importance for
(2) (3)
"Board" means the state comprehensive plan appeals board as
established by
chapter 22.3 of this title.
(3) (4)
"Capacity" or "land capacity" means the suitability of the
land, as defined by
geology, soil conditions, topography, and water
resources, to support its development for uses
such as residential, commercial, industrial, open
space, or recreation. Land capacity may be
modified by provision of facilities and services.
(4) (5)
"Capital improvements program" means a proposed schedule of all
future projects
listed in order of construction priority together with
cost estimates and the anticipated means of
financing each project.
(5) (6)
"Coastal features" means those coastal features defined in chapter 23
of title 46.
(6) (7)
"Comprehensive plan" or "comprehensive land use plan" means
a document
containing the components described in this chapter,
including the implementation program
which is consistent with the goals and guidelines
established by this chapter.
(7) (8)
"Council" means the state planning council as established by chapter
11 of title
42.
(8) (9)
"Days" means calendar days.
(9) (10)
"Director" means the director of administration.
(10) (11)
"Division of planning" means the office of state planning as
established as a
division of the department of administration by
section 42-11-10(b).
(11) (12)
"Federally insured or assisted housing" means:
(i)
Low income housing units insured or assisted under sections 221(d)(3) and 236
of the
National Housing Act, 12 U.S.C. section 1701 et seq.;
(ii) Low income housing
units produced with assistance under section 8 of the United
States Housing Act of 1937, 42 U.S.C. section 1401 et
seq.; and
(iii) Rural low income
housing financed under section 515 of the Housing Act of 1949,
12 U.S.C. section 1715z.
(12) (13)
"Floodplains" or "flood hazard area" means an area that has
a one percent (1%)
or greater chance of inundation in any given year, as
delineated by the federal emergency agency
pursuant to the National Flood Insurance Act of 1968,
as amended (P.L. 90-448), 42 U.S.C. 4011
et seq.
(13) (14)
"Forecast" means a description of the conditions, quantities, or
values
anticipated to occur at a designated future time.
(14) (15)
"Goals" means those goals stated in section 45-22.2-3.
(15) (16)
"Historic district" means one or more historic sites and intervening
or
surrounding property significantly affecting or
affected by the quality and character of the historic
site or sites, and has been registered, or is deemed
eligible to be included, on the state register of
historical places pursuant to section 42-45-5.
(16) (17)
"Historic site" means any real property, man made structure, natural
object, or
configuration or any portion or group of the preceding
which has been registered, or is deemed
eligible to be included, on the state register of
historic places pursuant to section 42-45-5.
(17) (18)
"Improvement" means any man made, immovable item which becomes part
of,
placed upon, or is affixed to, real estate.
(18) (19)
"Land" means real property including improvements and fixtures on,
above, or
below the surface.
(19) (20)
"Land use regulation" means a rule or statute of general application
adopted by
the municipal legislative body which controls,
directs, or delineates allowable uses of land and
the standards for these uses.
(20) (21)
"Local government" means any governmental agency authorized by this
chapter to exercise the power granted by this chapter.
(22) "Low and
moderate income housing" means housing as defined in chapter 53 of this
title as low and moderate income housing, or as
necessary in the context of implementing the
purposes of the federal Low Income Preservation and
Resident Home Ownership Act of 1999 [12
U.S.C. section 4113] housing as defined in the federal
Low Income Preservation and Resident
Home Ownership Act of 1990 [12 U.S.C. section 4101 et
seq.]and as may be amended for both
the purposes of this chapter and any reference to low
and moderate income housing in relation to
a comprehensive plan prepared and adopted pursuant to
this chapter.
(21) (23)
"Municipal legislative body" means the town meeting in a town; the
town
council in a town or the city council in a city; or
that part of a municipal government that
exercises legislative powers under a statute or
charter.
(22) (24)
"Municipal reviewing authority" means the municipal planning board,
or
commission, or if none, the municipal officers.
(23) (25)
"Open space" means any parcel or area of land or water set aside,
dedicated,
designated, or reserved for public or private use or
enjoyment or for the use and enjoyment of
owners and occupants of land adjoining or neighboring
the open space; provided that the area
may be improved with only those buildings, structures,
streets, and off-street parking, and other
improvements that are designed to be incidental to the
natural openness of the land.
(24) (26)
"Planning board" or "commission" means the body established
by a
municipality or combination of municipalities which
has the responsibility to prepare a
comprehensive plan and make recommendations concerning
that plan to the municipal legislative
body.
(25) (27)
"Program" means the statewide planning program established by chapter
11 of
title 42.
(26) (28)
"State guide plan" means goals, policies, and plans or plan elements
for the
physical, economic, and social development of the
state, adopted by the state planning council in
accordance with section 42-11-10.
(29) "State or
regional agency" means, for the purposes of this chapter, any state agency,
department, public authority, public corporation,
organization, commission, or other governing
body with regulatory or other authority affecting the
goals established either in this chapter or the
state guide plan. Pursuant to subsection 45-22.2-2(f),
the definition of state and regional agency
shall not be construed to supersede or diminish any
regulatory authority granted by state or
federal statute.
(30) "Strategic
plan for housing production and rehabilitation" means the state guide plan
element promulgated and adopted as set forth in
section 42-128-8.1.
(27) (31)
"Voluntary association of local governments" means two or more
municipalities who have joined together pursuant to a
written agreement and pursuant to the
authority granted under this chapter for the purpose
of drafting a comprehensive land use plan
and implementation program.
(28) (32)
"Wetland, coastal" means a salt marsh bordering on the tidal waters
of this state
and contiguous uplands extending no more than fifty
(50) yards inland therefrom.
(29) (33)
"Wetland, freshwater" means a marsh, swamp, bog, pond, river, river
or stream
flood plain or bank; area subject to flooding or storm
flowage; emergent or submergent plant
community in any body of fresh water; or area within
fifty feet (50') of the edge of a bog, marsh,
swamp, or pond, as defined in section 2-1-20.
(30) (34)
"Zoning" means the reservation of certain specified areas within a
community
or city for building and structures, or use of land,
for certain purposes with other limitations as
height, lot coverage, and other stipulated
requirements.
(31) "Low and
moderate income housing" means housing as defined in chapter 53 of this
title as low and moderate income housing, or as
necessary in the context of implementing the
purposes of the federal Low Income Preservation and
Resident Home Ownership Act of 1999 [12
U.S.C. section 4113] housing as defined in the federal
Low Income Preservation and Resident
Home Ownership Act of 1990 [12 U.S.C. section 4101 et
seq.]and as may be amended for both
the purposes of this chapter and any reference to low
and moderate income housing in relation to
a Comprehensive Plan prepared and adopted pursuant to
this chapter.
(32) "State or
regional agency" means, for the purposes of this chapter, any state
agency,
department, public authority, public corporation,
organization, commission, or other governing
body with regulatory or other authority affecting the
goals established either in this chapter or the
state guide plan. Pursuant to section 45-22.2-2(f),
the definition of state and regional agency shall
not be construed to supersede or diminish any
regulatory authority granted by state or federal
statute.
(33)
"Affordable housing plan" means a component of a housing element,
prepared by a
town subject to planning expectations established by
chapter 53 of this title, or a component of a
housing element, prepared for the purpose of
conformity with the requirements of section 42-128-
8.1.
(34) "Strategic
plan for housing production and rehabilitation" means the state guide
plan element promulgated and adopted as set forth in
section 42-128-8.1.
SECTION
52. Section 45-22.3-3 of the General Laws in Chapter 45-22.3 entitled
"State
Comprehensive Plan Appeals
Board" is hereby amended to read as follows:
45-22.3-3.
Membership. -- (a) The board shall consist of nine (9) members
appointed by
the governor with the advice and consent of the
senate, as follows:
(1) Three (3) members
shall be municipal elected and/or appointed officials of
municipalities considered to be in the top one-third
(1/3) population bracket as determined by the
most recent decennial federal census available; three
(3) members shall be municipal elected
and/or appointed officials of municipalities
considered to be in the middle one-third (1/3)
population bracket; and three (3) member shall be
municipal elected and/or appointed officials of
municipalities considered to be in the lower one-third
(1/3) population bracket;
(2) No state elected or
appointed official and no state employee shall be eligible for
appointment to the board;
(3) No more than one municipal
elected or appointed official from the same city or town
may serve on the board at the same time; and
(4) All members
selected shall have a reasonable knowledge of land use, planning,
zoning, local government, land conservation, and/or land
development.
(b) Those members of
the board as of the effective date of this act [April 6, 2006]
who
were appointed to the board by the governor shall
continue to serve for the duration of their
current terms.
(c) Those members of
the board as of the effective date of this act [April 6, 2006]
who
were appointed to the board by members of the general
assembly shall cease to be members of
the commission on the effective date of this act [April
6, 2006] and the governor shall thereupon
nominate six (6) new members, two (2) of whom shall
serve an initial term of one year, two (2) of
whom shall serve an initial term of two (2) years, and
two (2) of whom shall serve an initial term
of three (3) years.
(d) The board shall elect
a chair from among its members.
(e) Newly appointed and
qualified members of the board shall, within six (6) months of
their qualification or designation, attend a training
course that shall be developed with board
approval and conducted by the chair of the board and
which shall include instruction in the
following areas: the provisions of chapters 45-22.3,
42-46, 36-14 and 38-2 and the board's own
rules and regulations. The director of the department
of administration shall, within ninety (90)
days of the effective date of this section [April
6, 2006] prepare and disseminate training
materials relating to the provisions of chapters
42-46, 36-14 and 38-2.
SECTION
53. Sections 45-22.4-5 and 45-22.4-7 of the General Laws in Chapter 45-22.4
entitled "Rhode Island
Development Impact Fee Act" are hereby amended to read as follows:
45-22.4-5.
Collection and expenditure of impact fees. -- (a) The collection and
expenditure of impact fees must be reasonably related
to the benefits accruing to the development
paying the fees. The ordinance may consider the
following requirements:
(1) Upon collection,
impact fees must be deposited in a special proprietary fund, which
shall be invested with all interest accruing to the
trust fund;
(2) Within eight (8)
years of the date of collection, impact fees shall be expended or
encumbered for the construction of public facilities'
capital improvements of reasonable benefit to
the development paying the fees and that are
consistent with the capital improvement program;
(3) Where the
expenditure or encumbrance of fees is not feasible within eight (8) years,
the governmental entity may retain impact fees for a
longer period of time if there are compelling
reasons for the longer period. In no case shall impact
fees be retained longer than twelve (12)
years.
(b) All impact fees
imposed pursuant to the authority granted in this chapter shall be
assessed upon the issuance of a building permit or
other appropriate permission to proceed with
development and shall be collected in full upon the
issuance of the certificate of occupancy or
other final action authorizing the intended use of a
structure.
(c) A governmental entity
may recoup costs of excess capacity in existing capital
facilities, where the excess capacity has been
provided in anticipation of the needs of new
development, by requiring impact fees for that portion
of the facilities constructed for future
users. The need to recoup costs for excess capacity
must have been documented by a
preconstruction assessment that demonstrated the need
for the excess capacity. Nothing contained
in this chapter shall prevent a municipality from
continuing to assess an impact fee that recoups
costs for excess capacity in an existing facility
without the preconstruction assessment so long as
the impact fee was enacted at least ninety (90) days
prior to the effective date of this chapter [July
22, 2000] and is in compliance with this
chapter in all other respects pursuant to section 45-22.4-
7. The fees imposed to recoup the costs to provide the
excess capacity must be based on the
governmental entity's actual cost of acquiring,
constructing, or upgrading the facility and must be
no more than a proportionate share of the costs to
provide the excess capacity. That portion of an
impact fee deemed recoupment is exempted from
provisions of section 45-22.4-5(a)(2).
(d) Governmental
entities may accept the dedication of land or the construction of public
facilities in lieu of payment of impact fees provided
that:
(1) The need for the
dedication or construction is clearly documented in the community's
capital improvement program or comprehensive plan;
(2) The land proposed
for dedication for the facilities to be constructed are determined to
be appropriate for the proposed use by the local
governmental entity;
(3) Formulas and/or
procedures for determining the worth of proposed dedications or
constructions are established.
(e) Exemptions: Impact
fees shall not be imposed for remodeling, rehabilitation, or other
improvements to an existing structure, or rebuilding a
damaged structure, unless there is an
increase in the number of dwelling units or any other
measurable unit for which an impact fee is
collected. Impact fees may be imposed when property
which is owned or controlled by federal or
state government is converted to private ownership or
control.
(1) Impact fees shall
not be imposed for remodeling, rehabilitation, or other
improvements to an existing structure, or rebuilding a
damaged structure, unless there is an
increase in the number of dwelling units or any other
measurable unit for which an impact fee is
collected. Impact fees may be imposed when property
which is owned or controlled by federal or
state government is converted to private ownership or
control.
(2) Nothing in this
chapter shall prevent a municipality from granting any exemption(s)
which it deems appropriate.
45-22.4-7.
Compliance. -- No later than two (2) years after the effective date
of this
chapter [July
22, 2000] governmental entities shall conform all impact fee ordinances
existing on
the effective date of this act [July 22, 2000] to the provisions of this
chapter.
SECTION
54. Section 45-23-28 of the General Laws in Chapter 45-23 entitled
"Subdivision of
Land" is hereby amended to read as follows:
45-23-28.
Continuation of ordinances -- Supersession -- Relation to other statutes. --
(a) Any land development and subdivision review
ordinance, regulation or rule, or amendment,
enacted after December 31, 1994 shall conform to the
provisions of this chapter. All lawfully
adopted land development and subdivision review
ordinances, regulations, and rules shall be
brought into conformance with this chapter by December
31, 1995.
(b) All subdivision
ordinances, regulations or rules adopted under authority of sections
45-23-1 through 45-23-24, or any special subdivision
enabling act that is in effect on [July 21,
1992] remains in full force and effect until
December 31, 1995, unless amended earlier so as to
conform to the provisions of this chapter.
(c) Sections 45-23-1
through 45-23-24 and all special subdivision enabling acts in effect
on [July 21, 1992] are repealed
effective December 31, 1995.
(d) Nothing contained
in this chapter and no local ordinance, rule or regulation adopted
under this chapter impairs the validity of any plat
legally recorded prior to the effective date of
the ordinance, rule or regulation.
SECTION
55. Sections 45-24-31 and 45-24-49 of the General Laws in Chapter 45-24
entitled "Zoning
Ordinances" are hereby amended to read as follows:
45-24-31. Definitions.
-- Where words or terms used in this chapter are defined in section
45-22.2-4, they have the meanings stated in that
section. In addition, the following words have
the following meanings. Additional words and phrases
may be used in developing local
ordinances under this chapter; however, the words and
phrases defined in this section are
controlling in all local ordinances created under this
chapter:
(1) Abutter. - One
whose property abuts, that is, adjoins at a border, boundary, or point
with no intervening land.
(2) Accessory Dwelling
Unit. - A dwelling unit: (i) rented to and occupied
either by one
or more members of the family of the occupant or
occupants of the principal residence; or (ii)
reserved for rental occupancy by a person or a family
where the principal residence is owner
occupied, and which meets the following provisions:
(a) (A)
In zoning districts that allow residential uses, no more than one accessory
dwelling unit may be an accessory to a single-family
dwelling.
(b) (B)
An accessory dwelling unit shall include separate cooking and sanitary
facilities,
with its own legal means of ingress and egress and is
a complete, separate dwelling unit. The
accessory dwelling unit shall be within or attached to
the principal dwelling unit structure or
within an existing structure, such as a garage or
barn, and designed so that the appearance of the
principal structure remains that of a one-family
residence.
(3) Accessory Use. - A
use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal use of the
land or building. An accessory use may be
restricted to the same lot as the principal use. An
accessory use shall not be permitted without the
principal use to which it is related.
(4) Aggrieved Party. -
An aggrieved party, for purposes of this chapter, shall be:
(i)
Any person or persons or entity or entities who can demonstrate that their
property
will be injured by a decision of any officer or agency
responsible for administering the zoning
ordinance of a city or town; or
(ii) Anyone requiring
notice pursuant to this chapter.
(5) Agricultural Land.
- "Agricultural land", as defined in section 45-22.2-4.
(6) Airport Hazard
Area. - "Airport hazard area", as defined in section 1-3-2.
(7) Applicant. - An
owner or authorized agent of the owner submitting an application or
appealing an action of any official, board, or agency.
(8) Application. - The
completed form or forms and all accompanying documents,
exhibits, and fees required of an applicant by an
approving authority for development review,
approval, or permitting purposes.
(9) Buffer. - Land
which is maintained in either a natural or landscaped state, and is used
to screen and/or mitigate the impacts of development
on surrounding areas, properties, or rights-
of-way.
(10) Building. - Any
structure used or intended for supporting or sheltering any use or
occupancy.
(11) Building Envelope.
- The three-dimensional space within which a structure is
permitted to be built on a lot and which is defined by
regulations governing building setbacks,
maximum height, and bulk; by other regulations; and/or
by any combination thereof.
(12) Building Height. -
The vertical distance from grade, as determined by the
municipality, to the top of the highest point of the
roof or structure. The distance may exclude
spires, chimneys, flag poles, and the like.
(13) Cluster. - A site
planning technique that concentrates buildings in specific areas on
the site to allow the remaining land to be used for
recreation, common open space, and/or
preservation of environmentally, historically,
culturally, or other sensitive features and/or
structures. The techniques used to concentrate
buildings shall be specified in the ordinance and
may include, but are not limited to, reduction in lot
areas, setback requirements, and/or bulk
requirements, with the resultant open land being
devoted by deed restrictions for one or more
uses. Under cluster development there is no increase
in the number of lots that would be
permitted under conventional development except where
ordinance provisions include incentive
bonuses for certain types or conditions of
development.
(14) Common Ownership.
- Either:
(i)
Ownership by one or more individuals or entities in any form of ownership of
two (2)
or more contiguous lots; or
(ii) Ownership by any
association (ownership may also include a municipality) of one or
more lots under specific development techniques.
(15) Community
Residence. - A home or residential facility where children and/or adults
reside in a family setting and may or may not receive supervised
care. This does not include
halfway houses or substance abuse treatment
facilities. This does include, but is not limited, to the
following:
(i)
Whenever six (6) or fewer children or adults with retardation reside in any
type of
residence in the community, as licensed by the state
pursuant to chapter 24 of title 40.1. All
requirements pertaining to local zoning are waived for
these community residences;
(ii) A group home
providing care or supervision, or both, to not more than eight (8)
persons with disabilities, and licensed by the state
pursuant to chapter 24 of title 40.1;
(iii) A residence for
children providing care or supervision, or both, to not more than
eight (8) children including those of the care giver
and licensed by the state pursuant to chapter
72.1 of title 42;
(iv) A community
transitional residence providing care or assistance, or both, to no more
than six (6) unrelated persons or no more than three
(3) families, not to exceed a total of eight (8)
persons, requiring temporary financial assistance,
and/or to persons who are victims of crimes,
abuse, or neglect, and who are expected to reside in
that residence not less than sixty (60) days
nor more than two (2) years. Residents will have
access to and use of all common areas, including
eating areas and living rooms, and will receive
appropriate social services for the purpose of
fostering independence, self-sufficiency, and eventual
transition to a permanent living situation.
(16) Comprehensive
Plan. - The comprehensive plan adopted and approved pursuant to
chapter 22.2 of this title and to which any zoning
adopted pursuant to this chapter shall be in
compliance.
(17) Day Care --
care home.
(18) Day Care -- Family
Day Care Home. - Any home other than the individual's home
in which day care in lieu of parental care or
supervision is offered at the same time to six (6) or
less individuals who are not relatives of the care
giver, but may not contain more than a total of
eight (8) individuals receiving day care.
(19) Density,
Residential. - The number of dwelling units per unit of land.
(20) Development. - The
construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any
mining, excavation, landfill or land disturbance;
or any change in use, or alteration or extension of
the use, of land.
(21) Development Plan
Review. - The process whereby authorized local officials review
the site plans, maps, and other documentation of a
development to determine the compliance with
the stated purposes and standards of the ordinance.
(22) District. - See
"zoning use district".
(23) Drainage System. -
A system for the removal of water from land by drains, grading,
or other appropriate means. These techniques may
include runoff controls to minimize erosion
and sedimentation during and after construction or development,
the means for preserving surface
and groundwaters, and the
prevention and/or alleviation of flooding.
(24) Dwelling Unit. - A
structure or portion of a structure providing complete,
independent living facilities for one or more persons,
including permanent provisions for living,
sleeping, eating, cooking, and sanitation, and
containing a separate means of ingress and egress.
(25) Extractive
Industry. - The extraction of minerals, including: solids, such as coal and
ores; liquids, such as crude petroleum; and gases,
such as natural gases. The term also includes
quarrying; well operation; milling, such as crushing,
screening, washing, and flotation; and other
preparation customarily done at the extraction site or
as a part of the extractive activity.
(26) Family. - A person
or persons related by blood, marriage, or other legal means. See
also "Household".
(27) Floating Zone. -
An unmapped zoning district adopted within the ordinance which
is established on the zoning map only when an
application for development, meeting the zone
requirements, is approved.
(28) Floodplains, or
Flood Hazard Area. - As defined in section 45-22.2-4.
(29) Groundwater. -
"Groundwater" and associated terms, as defined in section 46-13.1- 3.
(30) Halfway House. - A
residential facility for adults or children who have been
institutionalized for criminal conduct and who require
a group setting to facilitate the transition to
a functional member of society.
(31) Hardship. - See
section 45-24-41.
(32) Historic District,
or Historic Site. - As defined in section 45-22.2-4.
(33) Home Occupation. -
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's
dwelling unit.
(34) Household. - One
or more persons living together in a single dwelling unit, with
common access to, and common use of, all living and
eating areas and all areas and facilities for
the preparation and storage of food within the
dwelling unit. The term "household unit" is
synonymous with the term "dwelling unit" for
determining the number of units allowed within
any structure on any lot in a zoning district. An
individual household shall consist of any one of
the following:
(i)
A family, which may also include servants and employees living with the family;
or
(ii) A person or group
of unrelated persons living together. The maximum number may
be set by local ordinance, but this maximum shall not
be less than three (3).
(35) Incentive Zoning.
- The process whereby the local authority may grant additional
development capacity in exchange for the developer's
provision of a public benefit or amenity as
specified in local ordinances.
(36) Infrastructure. -
Facilities and services needed to sustain residential, commercial,
industrial, institutional, and other activities.
(37) Land Development
Project. - A project in which one or more lots, tracts, or parcels
of land are to be developed or redeveloped as a
coordinated site for a complex of uses, units, or
structures, including, but not limited to, planned
development and/or cluster development for
residential, commercial, institutional, recreational,
open space, and/or mixed uses as may be
provided for in the zoning ordinance.
(38)
(i)
The basic development unit for determination of lot area, depth, and other
dimensional regulations; or
(ii) A parcel of land
whose boundaries have been established by some legal instrument
such as a recorded deed or recorded map and which is
recognized as a separate legal entity for
purposes of transfer of title.
(39)
of-way, usually reported in acres or square feet.
(40)
buildings and accessory buildings.
(41)
lots where the front and rear lot lines are not
parallel, the lot depth is an average of the depth.
(42)
specify how noncontiguous frontage will be considered
with regard to minimum frontage
requirements.
(43)
or from a public or private street or any other public
or private space and shall include:
(i)
Front: the lot line separating a lot from a street right-of-way. A zoning
ordinance shall
specify the method to be used to determine the front
lot line on lots fronting on more than one
street, for example, corner and through lots;
(ii) Rear: the lot line
opposite and most distant from the front lot line, or in the case of
triangular or otherwise irregularly shaped lots, an
assumed line at least ten feet (10') in length
entirely within the lot, parallel to and at a maximum
distance from the front lot line; and
(iii) Side: any lot
line other than a front or rear lot line. On a corner lot, a side lot line
may be a street lot line, depending on requirements of
the local zoning ordinance.
(44) Lot, Through. - A
lot which fronts upon two (2) parallel streets, or which fronts
upon two (2) streets which do not intersect at the
boundaries of the lot.
(45)
right angles to its depth along a straight line
parallel to the front lot line at the minimum front
setback line.
(46) Mere
Inconvenience. - See section 45-24-41.
(47) Mixed Use. - A
mixture of land uses within a single development, building, or tract.
(48) Modification. -
Permission granted and administered by the zoning enforcement
officer of the city or town, and pursuant to the
provisions of this chapter to grant a dimensional
variance other than lot area requirements from the
zoning ordinance to a limited degree as
determined by the zoning ordinance of the city or
town, but not to exceed twenty-five percent
(25%) of each of the applicable dimensional
requirements.
(49) Nonconformance. -
A building, structure, or parcel of land, or use thereof, lawfully
existing at the time of the adoption or amendment of a
zoning ordinance and not in conformity
with the provisions of that ordinance or amendment.
Nonconformance is of only two (2) types:
(i)
Nonconforming by use: a lawfully established use of land, building, or
structure
which is not a permitted use in that zoning district.
A building or structure containing more
dwelling units than are permitted by the use
regulations of a zoning ordinance is nonconformity
by use; or
(ii) Nonconforming by
dimension: a building, structure, or parcel of land not in
compliance with the dimensional regulations of the
zoning ordinance. Dimensional regulations
include all regulations of the zoning ordinance, other
than those pertaining to the permitted uses.
A building or structure containing more dwelling units
than are permitted by the use regulations
of a zoning ordinance is nonconforming by use; a
building or structure containing a permitted
number of dwelling units by the use regulations of the
zoning ordinance, but not meeting the lot
area per dwelling unit regulations, is nonconforming
by dimension.
(50) Overlay District.
- A district established in a zoning ordinance that is superimposed
on one or more districts or parts of districts and
that imposes specified requirements in addition
to, but not less, than those otherwise applicable for
the underlying zone.
(51) Performance
Standards. - A set of criteria or limits relating to elements which a
particular use or process must either meet or may not
exceed.
(52) Permitted Use. - A
use by right which is specifically authorized in a particular
zoning district.
(53) Planned
Development. - A "land development project", as defined in section
45-24-
31(37), and developed according to plan as a single
entity and containing one or more structures
and/or uses with appurtenant common areas.
(54) Preapplication Conference. - A review meeting of a proposed
development held
between applicants and reviewing agencies as permitted
by law and municipal ordinance, before
formal submission of an application for a permit or
for development approval.
(55) Setback Line or
Lines. - A line or lines parallel to a lot line at the minimum distance
of the required setback for the zoning district in
which the lot is located that establishes the area
within which the principal structure must be erected
or placed.
(56) Site Plan. - The
development plan for one or more lots on which is shown the
existing and/or the proposed conditions of the lot.
(57) Special Use. - A
regulated use which is permitted pursuant to the special-use permit
issued by the authorized governmental entity, pursuant
to section 45-24-42. Formerly referred to
as a special exception.
(58) Structure. - A
combination of materials to form a construction for use, occupancy,
or ornamentation, whether installed on, above, or
below, the surface of land or water.
(59) Substandard
amendment of a zoning ordinance and not in conformance
with the dimensional and/or area
provisions of that ordinance.
(60) Use. - The purpose
or activity for which land or buildings are designed, arranged, or
intended, or for which land or buildings are occupied
or maintained.
(61) Variance. -
Permission to depart from the literal requirements of a zoning ordinance.
An authorization for the construction or maintenance
of a building or structure, or for the
establishment or maintenance of a use of land, which
is prohibited by a zoning ordinance. There
are only two (2) categories of variance, a use
variance or a dimensional variance.
(i)
Use Variance. - Permission to depart from the use requirements of a zoning ordinance
where the applicant for the requested variance has
shown by evidence upon the record that the
subject land or structure cannot yield any beneficial
use if it is to conform to the provisions of the
zoning ordinance.
(ii) Dimensional Variance.
- Permission to depart from the dimensional requirements of
a zoning ordinance, where the applicant for the
requested relief has shown, by evidence upon the
record, that there is no other reasonable alternative way
to enjoy a legally permitted beneficial use
of the subject property unless granted the requested
relief from the dimensional regulations.
However, the fact that a use may be more profitable or
that a structure may be more valuable after
the relief is granted are not grounds for relief.
(62) Waters. - As
defined in section 46-12-1(23).
(63) Wetland, Coastal.
- As defined in section 45-22.2-4.
(64) Wetland,
Freshwater. - As defined in section 2-1-20.
(65) Zoning
Certificate. - A document signed by the zoning enforcement officer, as
required in the zoning ordinance, which acknowledges
that a use, structure, building, or lot either
complies with or is legally nonconforming to the
provisions of the municipal zoning ordinance or
is an authorized variance or modification therefrom.
(66) Zoning Map. - The
map or maps which are a part of the zoning ordinance and which
delineate the boundaries of all mapped zoning
districts within the physical boundary of the city or
town.
(67) Zoning Ordinance.
- An ordinance enacted by the legislative body of the city or
town pursuant to this chapter and in the manner
providing for the adoption of ordinances in the
city or town's legislative or home rule charter, if
any, which establish regulations and standards
relating to the nature and extent of uses of land and
structures, which is consistent with the
comprehensive plan of the city or town as defined in
chapter 22.2 of this title, which includes a
zoning map, and which complies with the provisions of
this chapter.
(68) Zoning Use
District. - The basic unit in zoning, either mapped or unmapped, to
which a uniform set of regulations applies, or a
uniform set of regulations for a specified use.
Zoning use districts include, but are not limited to:
agricultural, commercial, industrial,
institutional, open space, and residential. Each
district may include sub-districts. Districts may be
combined.
45-24-49. Special
provisions -- Development plan review. -- (a) A zoning ordinance
may permit development plan review of applications for
uses requiring a special-use permit, a
variance, a zoning ordinance amendment, and/or a
zoning map change. The review is shall be
conducted by the planning board or commission and is
shall be advisory to the permitting
authority.
(b) A zoning ordinance
may permit development plan review of applications for uses
that are permitted by right under the zoning
ordinance, but the review is shall only e be based
on
specific and objective guidelines which must be stated
in the zoning ordinance. The review body
must shall
also be set forth in and be established by the zoning ordinance. A rejection of
the
application shall be considered an appealable decision
pursuant to section 45-24-64.
(c) Nothing in this
subsection shall be construed to permit waivers of any regulations
unless approved by the permitting authority pursuant
to the local ordinance and this act.
SECTION
56. Section 45-24.3-10 of the General Laws in Chapter 45-24.3 entitled
"Housing Maintenance
and Occupancy Code" is hereby amended to read as follows:
45-24.3-10.
General requirements relating to the safe and sanitary construction and
maintenance of parts of dwellings and dwelling units.
-- No person shall occupy, as
owner or
occupant, or let to another for occupancy, any
dwelling or dwelling unit, for the purpose of living,
which does not comply with the following requirements:
(1) Every foundation,
floor, roof, ceiling, and exterior and interior wall must be
reasonably weathertight,
watertight, and damp free, and shall be kept in sound condition and good
repair. Floors, interior walls, and ceilings must be
sound and in good repair. All exterior wood
surfaces, other than decay resistant woods, must be
protected from the elements and decay by
paint or other protective covering or treatment.
Potentially hazardous materials will not be used
where readily accessible to children. Walls must be
capable of affording privacy for the
occupants. Every premise must be graded, drained, free
of standing water, and maintained in a
clean, sanitary, and safe condition.
(2) Potentially
hazardous material on the interior surfaces of any dwelling unit, rooming
house, rooming unit, or facility occupied by children
is prohibited. The interior surfaces include,
but are not limited to, window sills, window frames,
doors, door frames, walls, ceilings, stair-rails
and spindles, or other appurtenances.
(3) Lead-based substances
are prohibited whenever circumstances present a clear and
significant health risk to the occupants of the
property, as defined by regulations of the
department of health.
Where required because
of the tenancy of an at-risk occupant, lead hazards must be
mitigated as provided for in chapter 128.1 of title 42
or abated pursuant to chapter 24.6 of title 23.
(4) In each instance
where there is reason to believe that lead-based substances are
present, the enforcing officer shall either ascertain
whether the lead hazard mitigation standard
has been met, or confirm whether suspect substances
are lead-based by arranging for a
comprehensive environmental lead inspection which
conforms to department of health
regulations.
(5) In all instances
where either compliance with mitigation standards cannot be
confirmed by the enforcement officer by review of
certifications for the same or where substances
are confirmed to be lead-based by an environmental
lead inspection, and there exists a lead
exposure hazard, the enforcing officer shall identify
necessary lead hazard reductions that must be
taken pursuant to department of health regulations.
(6) In all instances
where lead-based substances are identified on a dwelling, a dwelling
unit, or premises occupied by a child suffering from
"lead poisoning", as defined in the Rhode
Island Lead Poisoning Prevention Act, sections
23-24.6-1 through 23-24.6-26, the enforcing
officer shall consider these instances under
"emergencies", pursuant to section 45-24.3-21.
(7) During the portion
of the year when there is a need for protection against mosquitoes,
flies, and other flying insects, every door, opening
directly from a dwelling unit to outside space,
must have supplied properly fitting screens having at
least sixteen (16) mesh and a self closing
device; and every window, door, or other device with
openings to outdoor space, used or intended
to be used for ventilation, must be supplied with
screens.
(8) Every window
located at or near ground level, used or intended to be used for
ventilation, and every other opening located at or
near ground level which might provide an entry
for rodents, must be supplied with adequate screens or
other devices that will effectively prevent
their entrance.
(9) Every dwelling or
accessory structure and the premises upon which they are located
shall be rodent-proofed and maintained to prevent
rodents' harborage.
(10) All openings in the
exterior walls, foundations, basement, ground or first floors, and
roofs which have a half-inch ( 1/2") diameter or
more opening shall be rat-proofed in an approved
manner if they are within forty-eight inches
(48") of the existing exterior ground level
immediately below those openings, or if they may be
reached by rats from the ground by
climbing unguarded pipes, wires, cornices, stairs,
roofs, and other items as trees or vines or by
burrowing.
(11) Skirting, lattice,
or other non-rat-proofed enclosures displaying evidence of rat
harborage under a porch or any portions of a building
must be rat-proofed at all locations where
evidence of burrowing or gnawing was found.
(12) In the event that
occupancy usages would result in stacking or piling materials, the
materials be arranged to prohibit the creation of a
harborage area. This can be accomplished by
orderly stacking and elevating so that there is a
twelve inch (12") opening between the material
and the ground level. No stacking or piling of
material shall take place against the exterior walls
of the structure.
(13) All doors,
including swinging, sliding, and folding types, must be constructed so
that the space between the lower edge of the door and
the threshold does not exceed three-eighths
inch ( 3/8"); provided, further, that the space
between sections of folding and sliding doors when
closed does not exceed three-eighths inch (
3/8").
(14) Basement floors
and/or the floors and areas in contact with the soil, and located at a
maximum depth of four feet (4') or less from the grade
line, must be paved with concrete or other
rat impervious material.
(15) Any materials used
for rodent control must be acceptable to the appropriate
authority.
(16) All fences
provided by the owner or agent on the premises, and/or all fences erected
or caused to be erected by an occupant, shall be
constructed of manufactured metal fencing
material, wood, masonry, or other inert material.
These fences must be maintained in good
condition. Wood materials shall be protected against
decay by use of paint or other preservative.
The permissible height and other characteristics of
all fences must conform to the appropriate
statutes, ordinances, and regulations of this state, and
the corporate unit. Wherever any egress
from the dwelling opens into the fenced area, there
must be a means of egress from the premises
to any public way adjacent to it.
(17) Accessory
structures present or provided by the owner, agency, or tenant occupant
on the premises must be structurally sound, and
maintained in good repair and free from insects
and rodents, or the structure shall be removed from
the premises. The exterior of the structures
shall be made weather resistant through the use of
decay-resistant materials or the use of paint or
other preservatives.
(18) Every plumbing
fixture and all water and waste pipes must be properly installed and
maintained in good working condition.
(19) No owner,
operator, or occupant shall cause any service, facility, equipment, or
utility, required under this chapter, to be removed
from, or shut off from, or discontinued for any
occupied dwelling or dwelling unit let or occupied by
him or her, except for a temporary
interruption that may be necessary while actual
repairs or alterations are in process, or during
temporary emergencies when discontinuance of service
is approved by the appropriate authority.
(20) All construction
and materials, ways and means of egress, and all installation and
use of equipment must conform to applicable state and
local laws dealing with fire protection.
45-24.3-10.
General requirements relating to the safe and sanitary construction and
maintenance of parts of dwellings and dwelling units.
[Effective July 1, 2008.] -- No
person
shall occupy, as owner or occupant, or let to another
for occupancy, any dwelling or dwelling
unit, for the purpose of living, which does not comply
with the following requirements:
(1) Every foundation,
floor, roof, ceiling, and exterior and interior wall must be
reasonably weathertight,
watertight, and damp free, and shall be kept in sound condition and good
repair. Floors, interior walls, and ceilings must be
sound and in good repair. All exterior wood
surfaces, other than decay resistant woods, must be
protected from the elements and decay by
paint or other protective covering or treatment.
Potentially hazardous materials will not be used
where readily accessible to children. Walls must be capable
of affording privacy for the
occupants. Every premise must be graded, drained, free
of standing water, and maintained in a
clean, sanitary, and safe condition.
(2) Potentially
hazardous material on the interior surfaces of any dwelling unit, rooming
house, rooming unit, or facility occupied by children
is prohibited. The interior surfaces include,
but are not limited to, window sills, window frames,
doors, door frames, walls, ceilings, stair-rails
and spindles, or other appurtenances.
(3) Lead-based
substances are prohibited whenever circumstances present a clear and
significant health risk to the occupants of the
property, as defined by regulations of the
department of health.
(4) In each instance
where there is reason to believe that lead-based substances are
present, the enforcing officer shall confirm whether
suspect substances are lead-based by
arranging for a comprehensive environmental lead
inspection which conforms to department of
health regulations.
(5) In all instances
where substances are confirmed to be lead-based by an environmental
lead inspection, and there exists a lead exposure
hazard, the enforcing officer shall identify
necessary lead hazard reductions that must be taken
pursuant to department of health regulations.
(6) In all instances
where lead-based substances are identified on a dwelling, a dwelling
unit, or premises occupied by a child suffering from
"lead poisoning", as defined in the Rhode
Island Lead Poisoning Prevention Act, sections
23-24.6-1 through 23-24.6-26, the enforcing
officer shall consider these instances under
"emergencies", pursuant to section 45-24.3-21.
(7) During the portion
of the year when there is a need for protection against mosquitoes,
flies, and other flying insects, every door, opening
directly from a dwelling unit to outside space,
must have supplied properly fitting screens having at
least sixteen (16) mesh and a self closing
device; and every window, door, or other device with
openings to outdoor space, used or intended
to be used for ventilation, must be supplied with
screens.
(8) Every window
located at or near ground level, used or intended to be used for
ventilation, and every other opening located at or
near ground level which might provide an entry
for rodents, must be supplied with adequate screens or
other devices that will effectively prevent
their entrance.
(9) Every dwelling or
accessory structure and the premises upon which they are located
shall be rodent-proofed and maintained to prevent
rodents' harborage.
(10) All openings in
the exterior walls, foundations, basement, ground or first floors, and
roofs which have a half-inch ( 1/2") diameter or
more opening shall be rat-proofed in an approved
manner if they are within forty-eight inches
(48") of the existing exterior ground level
immediately below those openings, or if they may be
reached by rats from the ground by
climbing unguarded pipes, wires, cornices, stairs,
roofs, and other items as trees or vines or by
burrowing.
(11) Skirting, lattice,
or other non-rat-proofed enclosures displaying evidence of rat
harborage under a porch or any portions of a building
must be rat-proofed at all locations where
evidence of burrowing or gnawing was found.
(12) In the event that
occupancy usages would result in stacking or piling materials, the
materials be arranged to prohibit the creation of a
harborage area. This can be accomplished by
orderly stacking and elevating so that there is a
twelve inch (12") opening between the material
and the ground level. No stacking or piling of
material shall take place against the exterior walls
of the structure.
(13) All doors,
including swinging, sliding, and folding types, must be constructed so
that the space between the lower edge of the door and
the threshold does not exceed three-eighths
inch ( 3/8"); provided, further, that the space
between sections of folding and sliding doors when
closed does not exceed three-eighths inch (
3/8").
(14) Basement floors
and/or the floors and areas in contact with the soil, and located at a
maximum depth of four feet (4') or less from the grade
line, must be paved with concrete or other
rat impervious material.
(15) Any materials used
for rodent control must be acceptable to the appropriate
authority.
(16) All fences
provided by the owner or agent on the premises, and/or all fences erected
or caused to be erected by an occupant, shall be
constructed of manufactured metal fencing
material, wood, masonry, or other inert material.
These fences must be maintained in good
condition. Wood materials shall be protected against
decay by use of paint or other preservative.
The permissible height and other characteristics of all
fences must conform to the appropriate
statutes, ordinances, and regulations of this state,
and the corporate unit. Wherever any egress
from the dwelling opens into the fenced area, there
must be a means of egress from the premises
to any public way adjacent to it.
(17) Accessory
structures present or provided by the owner, agency, or tenant occupant
on the premises must be structurally sound, and
maintained in good repair and free from insects
and rodents, or the structure shall be removed from
the premises. The exterior of the structures
shall be made weather resistant through the use of
decay-resistant materials or the use of paint or
other preservatives.
(18) Every plumbing
fixture and all water and waste pipes must be properly installed and
maintained in good working condition.
(19) No owner,
operator, or occupant shall cause any service, facility, equipment, or
utility, required under this chapter, to be removed
from, or shut off from, or discontinued for any
occupied dwelling or dwelling unit let or occupied by
him or her, except for a temporary
interruption that may be necessary while actual
repairs or alterations are in process, or during
temporary emergencies when discontinuance of service
is approved by the appropriate authority.
(20) All construction
and materials, ways and means of egress, and all installation and
use of equipment must conform to applicable state and
local laws dealing with fire protection.
SECTION
57. Section 45-25-15 of the General Laws in Chapter 45-25 entitled "City
Housing Authorities"
is hereby amended to read as follows:
45-25-15. Powers
of authority enumerated. -- (a) An authority constitutes a public
body and a body corporate and politic, exercising
public powers, and has all the powers necessary
or convenient to carry out and effectuate the purposes
and provisions of chapters 25 -- 27 of this
title, including the following powers in addition to
others granted in this chapter:
(1) To investigate into
living, dwelling, and housing conditions and into the means and
methods of improving these conditions;
(2) To determine where
unsafe, or unsanitary dwelling or housing conditions exist;
(3) To study and make recommendations
concerning the plan of any city or municipality
located within its boundaries in relation to the
problem of clearing, replanning, and reconstruction
of areas in which unsafe, or unsanitary dwelling or
housing conditions exist, and the providing of
dwelling accommodations for persons of low income, and
to cooperate with any city, municipal
or regional planning agency;
(4) To prepare, carry
out, and operate housing projects;
(5) To provide for the
construction, reconstruction, improvement, alteration, or repair of
any housing project or any part of it;
(6) To take over by
purchase, lease, or otherwise, any housing project located within its
boundaries undertaken by any government, or by any
city or municipality located in whole or in
part within its boundaries;
(7) To manage as agent
of any city or municipality any housing project located in whole
or in part within its boundaries;
(8) To act as agent for
the federal government in connection with the acquisition,
construction, operation, and/or management of a
housing project or any part of it;
(9) To arrange with any
city or municipality located in whole or in part within its
boundaries or with a government for the furnishing,
planning, replanning, installing, opening or
closing of streets, roads, roadways, alleys,
sidewalks, or other places or facilities or for the
acquisition by the city, municipality, or, a
government of property, options, or property rights, or
for the furnishing of property or services in
connection with a project;
(10) To arrange with
the state, its subdivisions and agencies, and any county, city, town,
or municipality of the state, to the extent that it is
within the scope of each of their respective
functions, (a) (i)
to cause the services customarily provided by each of them to be rendered for
the
benefit of the housing authority and/or the occupants
of any housing projects, (b) (ii) to provide
and maintain parks and sewage, water, and other
facilities adjacent to or in connection with
housing projects, and (c) (iii) to
change the city or municipality map, to plan, replan,
zone, or
rezone any part of the city or municipality;
(11) To lease or rent any
of the dwelling or other accommodations or any of the lands,
buildings, structures, or facilities embraced in any
housing project and to establish and revise the
rents or charges for the project; to enter upon any
building or property in order to conduct
investigations or to make surveys or soundings;
(12) To purchase,
lease, obtain options upon, acquire by gift, grant, bequest, devise, or
otherwise any property real or personal or any
interest therein from any person, firm, corporation,
city, municipality, or government;
(13) To acquire any real property,
including improvements and fixtures to this property;
to sell, exchange, transfer, assign, or pledge any
property real or personal or any interest to this
property to any person, firm, corporation,
municipality, city, or government;
(14) To own, hold, clear, and improve
property;
(15) To insure or provide for the insurance
of the property or operations of the authority
against risks as the authority may deem advisable;
(16) To procure insurance or guaranties
from the federal government of the payment of
any debts or parts of debts secured by mortgages made
or held by the authority on any property
included in any housing project;
(17) To borrow money upon its bonds, notes,
debentures, or other evidences of
indebtedness, and to secure them by pledges of its
revenues, and (subject to the limitations
imposed by this section) by mortgages upon property
held or to be held by it, or in any other
manner;
(18) In connection with any loan, to agree
to limitations upon its right to dispose of any
housing project or part of a project or to undertake
additional housing projects;
(19) In connection with any loan by a
government, to agree to limitations upon the
exercise of any powers conferred upon the authority by
this chapter;
(20) To invest any funds held in reserves
or sinking funds, or any funds not required for
immediate disbursements, in property or securities in
which savings banks may legally invest
funds subject to their control; to sue and be sued;
(21) To have a seal and to alter that seal
at pleasure; to have perpetual succession;
(22) To make and execute contracts and
other instruments necessary or convenient to the
exercise of the powers of the authority;
(23) To make and, from time to time, amend
and repeal bylaws, rules, and regulations
not inconsistent with this chapter, and to carry into
effect the powers and purposes of the
authority;
(24) To conduct examinations and
investigations, and to hear testimony and take proof
under oath at public or private hearings on any matter
material for its information;
(25) To issue subpoenas requiring the
attendance of witnesses or the production of books
and papers and to issue commissions for the
examination of witnesses who are out of the state or
unable to attend before the authority, or excused from
attendance; and
(26) To make available to those agencies,
boards or commissions as are charged with the
duty of abating or requiring the correction of
nuisances or like conditions, or of demolishing
unsafe or unsanitary structures within its territorial
limits, its findings and recommendations with
regard to any building or property where conditions
exist which are dangerous to the public
health, morals, safety, or welfare.
(b) Any of the
investigations or examinations provided for in this chapter may be
conducted by the authority or by a committee appointed
by it, consisting of one or more
commissioners, or by counsel, or by an officer or
employee specially authorized by the authority,
to conduct it. Any commissioner, counsel for the
authority, or any person designated by it to
conduct an investigation or examination has power to
administer oaths, take affidavits, and issue
subpoenas or commissions. An authority may exercise
any or all the powers conferred upon it,
either generally or with respect to any specific
housing project or projects, through or by an agent
or agents which it may designate, including any
corporation or corporations which are or shall be
formed under the laws of this state, and, for these
purposes, an authority may cause one or more
corporations to be formed under the laws of this state
or may acquire the capital stock of any
corporation or corporations. Any corporate agent, all
of the stock of which is owned by the
authority or its nominee or nominees, may, to the
extent permitted by law exercise any of the
powers conferred upon the authority. In addition to all
of the other powers conferred upon it, an
authority may do all things necessary and convenient
to carry out the powers expressly given in
chapters 25 and 27 of this title. No provisions with
respect to the acquisition, operation, or
disposition of property by other public bodies are
applicable to an authority unless stated
specifically by the legislature.
SECTION
58. Section 45-26-11 of the General Laws in Chapter 45-26 entitled "Town
Housing Authorities"
is hereby amended to read as follows:
45-26-11.
Retirement of employees of town housing authorities. -- Any housing
authority, as defined by the provisions of this
chapter, may elect to accept the provisions of
chapter 21 of this title entitled Retirement of Muncipal Municipal Employees by resolution
adopted by the commissioners of the authority, the
acceptance to be forwarded to the retirement
board by the authority in the same manner as provided
in section 45-21-4.
SECTION
59. Sections 45-27-7 and 45-27-9 of the General Laws in Chapter 45-27
entitled "Housing
Authority Bonds and Obligations" are hereby amended to read as follows:
45-27-7.
Repurchase of bonds. -- The authority has power, out of any funds
available
therefor, to purchase any bonds issued by it at a price not
more than the principal amount of the
bonds and the accrued interest; provided, that bonds
payable exclusively from the revenues of a
designated project or projects shall be purchased out
of any revenues available therefor. All bonds
so purchased shall be cancelled. This section does
not apply to the redemption of bonds.
45-27-9. Terms
includible in bonds or obligations. -- In connection with the issuance
of bonds and/or the incurring of any obligations under
a lease, and in order to secure the payment
of those bonds and/or obligations, the authority has
power:
(1) To pledge by
resolution, trust indenture, mortgage (subject to limitations imposed),
or other contract all or any part of its rents, fees,
or revenues.
(2) To covenant against
mortgaging all or any part of its property, part of its property,
real or personal, then owned or acquired, or against
permitting or suffering any lien on its
property.
(3) To covenant with respect
to limitations on its right to sell, lease, or otherwise dispose
of any housing project or any part of the project, or
with respect to limitations on its right to
undertake additional housing projects.
(4) To covenant against
pledging all or any part of its rents, fees, and revenues to which
its right then exists or the right to which may come
into existence, or against permitting or
suffering any lien on them.
(5) To provide for the
release of property, rents, fees, and revenues from any pledge or
mortgage, and to reserve rights and powers in, or the
right to dispose of, property which is subject
to a pledge or mortgage.
(6) To covenant as to
the bonds to be issued pursuant to any resolution, trust indenture,
mortgage, or other instrument and as to the issuance
of bonds in escrow or otherwise, and as to
the use and disposition of the proceeds.
(7) To covenant as to
what other, or additional debt, may be incurred by it.
(8) To provide for the
terms, form, registration, exchange, execution, and authentication
of bonds.
(9) To provide for the
replacement of lost, destroyed, or mutilated bonds.
(10) To covenant that
the authority warrants the title to the premises.
(11) To covenant as to
the rents and fees to be charged, the amount (calculated as may be
determined) to be raised each year, or other period of
time, by rents, fees, and other revenues, and
as to the use and disposition to be made of these
revenues.
(12) To covenant as to
the use of any or all of its property, real or personal.
(13) To create or to
authorize the creation of special funds in which there shall be
segregated:
(i)
The proceeds of any loan and/or grant;
(ii) All of the rents,
fees, and revenues of any housing project or projects or parts of
those revenues;
(iii) Any moneys held
for the payment of the costs of operation and maintenance of the
housing projects, or as a reserve for the meeting of
contingencies in the operation and
maintenance of the housing projects;
(iv) Any moneys held
for the payment of the principal and interest on its bonds or the
sums due under its leases and/or as a reserve for
those payments; and
(v) Any moneys held for
any other reserves or contingencies, and to covenant as to the
use and disposal of the moneys held in those funds.
(14) To redeem the
bonds, and to covenant for their redemption and to provide the terms
and conditions for their redemption.
(15) To covenant
against extending the time for the payment of its bonds or interest on
them, directly or indirectly, by any means or in any
manner.
(16) To prescribe the
procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, the amount of
bonds the holders of which must
consent thereto, and the manner in which consent may
be given.
(17) To covenant as to
the maintenance of its property, its replacement, the insurance to
be carried on the property, and the use and disposition
of insurance moneys.
(18) To vest in an obligee of the authority the right, in the event of the
failure of the
authority to observe or perform any covenant on its
part to be kept or performed, to cure the
default and to advance any moneys necessary for that
purpose, and the moneys so advanced may
be made an additional obligation of the authority with
interest, security, and priority as may be
provided in any trust indenture, mortgage, lease, or
contract of the authority with reference
thereto.
(19) To covenant and
prescribe as to the events of default and terms and conditions upon
which any or all of its bonds become or may be
declared due before maturity, and to the terms
and conditions upon which that declaration and its
consequences may be waived.
(20) To covenant as to
the rights, liabilities, powers, and duties arising upon the breach
by it of any covenant, condition, or obligation.
(21) To covenant to
surrender possession of all or any part of any housing project or
projects upon the happening of an event of default (as
defined in the contract), and to vest in an
obligee the right without judicial proceedings to take
possession and to use, operate, manage, and
control the housing projects or any part of the
projects, and to collect and receive all rents, fees,
and revenues arising from the housing projects in the
same manner as the authority itself might
do, and to dispose of the moneys collected in
accordance with the agreement of the authority with
the obligee.
(22) To vest in a
trustee or trustees the right to enforce any covenant made to secure,
pay, or in relation to the bonds, provide for the
powers and duties of the trustee or trustees, o to
limit liabilities, and provide the terms and
conditions upon which the trustee or trustees or the
holders of bonds or any proportion of them may enforce
the covenant.
(23) To make covenants
other than and, in addition to, the covenants expressly
authorized, of like or different character.
(24) To execute all
instruments necessary or convenient in the exercise of the powers
granted or in the performance of its covenants or
duties, which may contain covenants and
provisions, in addition to previously above specified,
as the government or any purchaser of the
bonds of the authority may reasonably require.
(25) To make covenants
and to do any and all acts and things that may be necessary or
convenient or desirable in order to secure its bonds,
or in the absolute discretion of the authority
tend to make the bonds more marketable;
notwithstanding that the covenants, acts, or things may
not be enumerated in this section; it being the
intention to give the authority power to do all
things in the issuance of bonds and in the provisions
for their security that are not inconsistent
with the constitution of the state, and no consent or
approval of any judge or court shall be
required; provided, that the authority has no power to
mortgage all or any part of its property, real
or personal, except as provided in section 45-27-10.
SECTION
60. Section 45-29-11 of the General Laws in Chapter 45-29 entitled
"Eminent
Domain for Housing
Authority Projects" is hereby amended to read as follows:
45-29-11. Return
of excess deposits to authority. -- Whenever, from time to time, the
housing authority has satified
satisfied the court that the amount deposited with the court is
greater than is amply sufficient to satisfy the claims
of all persons interested in the land, the court
may order that the amount of the excess is repaid to
the housing authority. Whenever the housing
authority has satisfied the court that the claims of
all persons interested in the land taken have
been satisfied, the unexpended balance shall be paid
immediately to the housing authority.
SECTION
61. Sections 45-31-8 and 45-31-9 of the General Laws in Chapter 45-31
entitled
"Redevelopment Agencies" are hereby amended to read as follows:
45-31-8.
Definitions. -- The following definitions and general provisions govern
the
construction of chapters 31 -- 33 of this title:
(1) "Agency"
means a redevelopment agency created by this chapter.
(2) "Arrested
blighted area" means any area which, by reason of the existence of
physical conditions including, but not by way of
limitation, the existence of unsuitable soil
conditions, the existence of dumping or other insanitary
unsanitary or unsafe conditions, the
existence of ledge or rock, the necessity of unduly
expensive excavation, fill or grading, or the
necessity of undertaking unduly expensive measures for
the drainage of the area or for the
prevention of flooding or for making the area
appropriate for sound development, or by reason of
obsolete, inappropriate, or otherwise faulty platting
or subdivision, deterioration of site
improvements, inadequacy of utilities, diversity of
ownership of plots, or tax delinquencies, or by
reason of any combination of any of the foregoing
conditions, is unduly costly to develop soundly
through the ordinary operations of private enterprise
and impairs the sound growth of the
community.
(3) "Blighted and
substandard area" includes a "slum blighted area", a
"deteriorated
blighted area", or an "arrested blighted
area", or any combination of these areas. "Blighted and
substandard area" shall also include those areas
where the presence of hazardous materials, as
defined in section 23-19.14-2, impairs the use, reuse,
or redevelopment of impacted sites.
(4) "Bonds of
agency" means any bonds, notes, interim certificates, debentures, or other
obligations issued by an agency pursuant to sections
45-33-5 -- 45-33-15.
(5)
"Community" means a city or town.
(6) "Deteriorated
blighted area" means any area in which there exist buildings or
improvements, either used or intended to be used for
living, commercial, industrial, or other
purposes, or any combination of these uses, which by
reason of:
(i)
Dilapidation, deterioration, age, or obsolescence;
(ii) Inadequate
provision for ventilation, light, sanitation, open spaces, and recreation
facilities;
(iii) High density of
population and overcrowding,
(iv) Defective design
or unsanitary or unsafe character or conditions of physical
construction;
(v) Defective or inadequate
street and lot layout; and
(vi) Mixed character,
shifting, or deterioration of uses to which they are put, or any
combination of these factors and characteristics, are
conducive to the further deterioration and
decline of the area to the point where it may become a
slum blighted area as defined in
subdivision (18), and are detrimental to the public
health, safety, morals, and welfare of the
inhabitants of the community and of the state
generally. A deteriorated blighted area need not be
restricted to, or consist entirely of, lands,
buildings, or improvements which of themselves are
detrimental or inimical to the public health, safety,
morals, or welfare, but may consist of an area
in which these conditions exist and injuriously affect
the entire area.
(7) "Federal
government" means the
instrumentality, corporate or otherwise, of the
(8) "Legislative
body" means the city council or town council.
(9) "Obligee of the agency" or "obligee"
include any bondholder, trustee or trustees for
any bondholder, or lessor
demising to the agency property used in connection with a
redevelopment project or any assignee or assignees of
that lessor, and the federal government.
(10) "Planning
commission" or "commission" means a planning commission or other
planning agency established under any state law or
created by or pursuant to the charter of the
community.
(11) "Project
area" means all or any portion of a redevelopment area. A project area may
include lands, buildings, or improvements which of
themselves are not detrimental or inimical to
the public health, safety, morals, or welfare, but
whose inclusion is necessary, with or without
change in their conditions or ownership, for the
effective redevelopment of the area of which they
are a part.
(12) "Public
hearing" means a hearing before a legislative body or before any committee
of the legislative body to which the matter to be
heard has been referred.
(13) "Real
property" means lands, including lands underwater and waterfront property,
buildings, structures, fixtures, and improvements to
the lands, and every estate, interest, privilege,
easement, franchise and right, legal or equitable,
including rights of way, terms for years and
liens, charges or encumbrances by way of judgment,
attachment, mortgage, or otherwise, and the
indebtedness secured by liens.
(14)
"Redevelopment" means the elimination and prevention of the spread of
blighted
and substandard areas. Redevelopment may include the
planning, replanning, acquisition,
rehabilitation, improvement, clearance, sale, lease,
or other disposition, or any combination of
these, of land, buildings, or other improvements for
residential, recreational, commercial,
industrial, institutional, public, or other purposes,
including the provision of streets, utilities,
recreational areas, and other open spaces consistent
with the needs of sound community growth in
accordance with the community's general plan and
carrying out plans for a program of voluntary
repair and rehabilitation of buildings or other
improvements.
(15)
"Redevelopment area" means any area of a community which its
legislative body
finds is a blighted and substandard area whose
redevelopment is necessary to effectuate the public
purposes declared in this chapter.
(16)
"Redevelopment plan" means a plan, as it exists from time to time,
for a
redevelopment project, which:
(i)
Conforms to the general plan for the community as a whole; and
(ii) Is sufficiently
complete to indicate land acquisition, demolition and removal of
structures, redevelopment, improvements, and
rehabilitation as may be proposed to be carried out
in the project area, zoning and planning changes, if
any, land uses, maximum densities, building
requirements, and the plan's relationship to definite
local objectives, respecting appropriate land
uses, improved traffic, public transportation, public
utilities, recreational and community
facilities, and other public improvements.
(17)
"Redevelopment project" means any work or undertaking of an agency
pursuant to
chapters 31 -- 33 of this title.
(18) "Slum
blighted area" means any area in which there is a predominance of
buildings
or improvements, either used or intended to be used
for living, commercial, industrial, or other
purposes, or any combination of these uses, which by
reason of: (i) dilapidation, deterioration,
age, or obsolescence; (ii) inadequate provision for
ventilation, light, sanitation, open spaces, and
recreation facilities; (iii) high density of
population and overcrowding; (iv) defective design or
unsanitary or unsafe character or condition of physical
construction; (v) defective or inadequate
street and lot layout; and (vi) mixed character or
shifting of uses to which they are put, or any
combination of these factors and characteristics, are
conducive to ill health, transmission of
disease, infant mortality, juvenile delinquency, and
crime; injuriously affect the entire area and
constitute a menace to the public health, safety,
morals, and welfare of the inhabitants of the
community and of the state generally. A slum blighted
area need not be restricted to, or consist
entirely of, lands, buildings, or improvements which
of themselves are detrimental or inimical to
the public health, safety, morals, or welfare, but may
consist of an area in which these conditions
predominate and injuriously affect the entire area.
(19) "State
government" means the state of
instrumentality of the state, corporate or otherwise.
(20) "State public
body" means the state, or any city or town or any other subdivision or
public body of the state or of any city or town.
45-31-9. Agencies
created. -- (a) There is created in each community a redevelopment
agency to be known as the redevelopment agency of the
community.
(b) Redevelopment
agencies may also be created by public law for the purposes of
exercising the powers set forth in chapters 31-33 of
this title, provided an ordinance of the
legislative body of the community authorizes the
exercise of the provisions of the public law for
the purposes of these chapters. The provisions of
sections 45-31-12, 45-31-13, 45-31-14, 45-31-
15, and 45-31-21 that are inconsistent with such a
public law shall be deemed to be superceded
superseded
by the public law and not applicable to the redevelopment agency thereby created,
upon adoption ordinance putting into effect the
purposes of the public law. Where authorized by
such a special act, the term "blighted area and
substandard area" shall be deemed to include areas
where the presence of hazardous materials, as defined
in section 23-19.14-2, impairs the use,
reuse, or redevelopment of impacted sites.
SECTION
62. Section 45-32-48 of the General Laws in Chapter 45-32 entitled
"Redevelopment
Projects" is hereby amended to read as follows:
45-32-48. Authorized
acquisition, relocation, and improvement expenses. -- (a)
Notwithstanding any provisions of chapters 31 -- 33 of
this title, any redevelopment agency
functioning pursuant to section 45-31-10 or 45-31-17,
in connection with its undertaking or
carrying out a redevelopment project or formulating a
redevelopment plan is authorized to:
(1) Acquire real
property in any area designated a redevelopment area pursuant to the
provisions of section 45-32-4, demolish or remove the
structures on the property, provide for
relocation of occupants, including the payment of sums
for relocation expenses to the occupants
of the property that are permitted by the federal
government (notwithstanding the limitation in
amount imposed by section 45-31-27), and to clear and
improve the property, regardless of the
stage of development of the redevelopment project or
plan or any modification of the plan for that
area or any portions of it, whether it is before or
after the approval of the plan or its modification
by the legislative body, and
(2) Dispose of the
property acquired under this section without regard to the provisions
of chapters 31 -- 33 of this title, for the
disposition of property in a project area.
(b) Any sale or lease
of the property may be made without public bidding, provided;, that
no sale or lease is made until at least ten (10) days
after the legislative body of the community has
received from the agency a report concerning the
proposed sale or lease and has approved the
report by resolution. Any agency may enter into a
contract or contracts with private financial
institutions and/or with the federal government for
the purpose of obtaining financial or technical
assistance in connection with the aforedescribed
acquisition, demolition, clearance, relocation,
and improvement, and may borrow, at interest rates and
on other terms and conditions that it may
deem proper, from those private financial institutions
or the federal government, sums necessary
for the acquisition of the real property and related
expenses, the management of the real property,
the relocation of the occupants of the real property,
the demolition of the buildings or structures
and the clearance of and improvement of the land and
real property so acquired, and other related
administrative costs and payments. Any agency may, on
terms and conditions that it may deem
proper, mortgage or otherwise encumber the property so
acquired, or any other property owned
by it for the purpose or purposes of securing the
repayment of any money borrowed to carry out
the aforementioned undertaking.
SECTION
63. Section 45-38.1-3 of the General Laws in Chapter 45-38.1 entitled
"Health
And Educational Building
Corporation" is hereby amended to read as follows:
45-38.1-3.
Definitions. -- As used in this chapter, the following words and terms
have the
following meaning unless the context indicates another
or different meaning or intent:
(1) "Bonds"
means bonds of the corporation issued under the provisions of this chapter,
including refunding bonds, notwithstanding that the
bonds may be secured by mortgage or the
full faith and credit of the corporation or the full
faith and credit of a participating institution for
higher education or of a participating health care
provider or any other lawfully pledged security
of a participating educational institution or child
day care center or of a participating health care
provider;
(2)
"Borrower" means a student or a parent who has received or agreed to
pay an
education loan;
(3) "Capital
note(s)" means a note or notes of the corporation not exceeding twelve
(12)
months in duration to maturity issued for the benefit
of a health care provider or educational
institution to purchase capital assets to be used in
the operations of the health care provider or
educational institution;
(4) "Child day
care center" means a child day care center as defined in section
23-28.1-5,
which is a not-for-profit organization;
(3) (5)
"Cooperative hospital service organization" means a corporation
created pursuant
to chapter 6 of title 7, which meets the requirements
of Section 501(e) of the Internal Revenue
Code of 1954, 26 U.S.C. section 501(e), and is exempt
from federal taxation of income in
accordance with Section 501(c)(3) of the Internal
Revenue Code, 26 U.S.C. section 501(c)(3);
(4) (6)
"Corporation" means the
corporation created and established as a nonbusiness corporation, under and pursuant to chapter 6
of title 7, as amended, and constituted and
established as a public body corporate and agency of
the state under section 45-38.1-4, or any board, body,
commission, department, or officer
succeeding to the principal functions of the
corporation or to whom the powers conferred upon
the corporation by this chapter are given by law;
(5) (7)
"Corporation loans" means loans by the corporation to an educational
institution
or child day care center for the purpose of funding
education loans;
(6) (8)
"Cost" as applied to a project or any portion of it, financed under
the provisions
of this chapter, embraces all or any part of the cost
of construction and acquisition of all lands,
structures, real or personal property, rights, rights
of way, franchises, easements, and interests
acquired or used for a project, the cost of
demolishing or removing any buildings or structures on
land so acquired, including the cost of acquiring any
lands to which the buildings or structures
may be moved, the cost of all machinery and equipment,
financing charges, interest prior to,
during and for a period after completion of the
construction, provisions for working capital,
reserves for principal and interest and for
extensions, enlargements, additions, replacements,
renovations and improvements, cost of engineering,
financial and legal services, plans,
specifications, studies, surveys, estimates of cost
and of revenues, administrative expenses,
expenses necessary or incident to determining the
feasibility or practicability of constructing the
project, and other expenses that may be necessary or
incident to the construction and acquisition
of the project, the financing of the construction and
acquisition, and the placing of the project in
operation;
(7) (9)
"Default insurance" means insurance insuring education loans,
corporation loans,
or bonds or notes of the corporation against default;
(8) (10)
"Default reserve fund" means a fund established pursuant to a resolution
of the
corporation for the purpose of securing education
loans, corporation loans, or bonds or notes of
the corporation;
(9) (11)
"Education loan" means a loan which is made by or on behalf of an
educational
institution or child day care center from the proceeds
of a corporation loan, to a student or parents
of a student or both, to finance the student's
attendance at the institution;
(10) (12)
"Education loan series portfolio" means all education loans made by
or on
behalf of a specific educational institution or child
day care center which are funded from the
proceeds of a corporation loan to the institution out
of the proceeds of a related specific bond or
note issued through the corporation;
(13)
"Educational institution" means an educational institution or local
education
authority participating in the school housing aid
program as described in chapter 7 of title 16
situated within this state which, by virtue of law or
charter, is a public or other nonprofit
educational institution empowered to provide a program
of education at the primary, secondary or
high school level, beyond the high school level, and
which is accredited by a nationally
recognized educational accrediting agency or
association and awards a bachelor's or advance
degree or provides a program of not less than two (2)
years' duration which is accepted for full
credit toward a bachelor's degree;
(11) (14)
"Health care provider" means:
(i)
Any nonprofit hospital incorporated under the laws of the state, including any
nonprofit subsidiary corporations formed by any
hospital or formed by the parent corporation of
the hospital;
(ii) Any nonprofit
corporation, the member or members of which consist solely of one or
more hospitals or their parent corporations;
(iii) Any other
hospital, which is licensed as a general hospital or maternity hospital
pursuant to chapter 17 of title 23, which is exempt
from taxation;
(iv) Any nonprofit
group health association;
(v) Any cooperative
hospital service organization, or any nonprofit corporation that is
licensed as a skilled nursing and/or intermediate care
facility pursuant to chapter 17 of title 23,
including any nonprofit subsidiary corporation formed by
any of the foregoing skilled nursing
and/or intermediate care facilities, or any nonprofit
corporation eligible to receive funding,
pursuant to chapter 8.5 of title 40.1, and/or a
corporation created pursuant to chapter 6 of title 7;
provided, that it is a real estate holding corporation
created for the benefit of a nonprofit
corporation eligible to receive funding under chapter
8.5 of title 40.1;
(vi) Any nonprofit
health care corporation whose purpose is to provide home care
services or supplies to the citizens of this state
including, but not limited to, nonprofit visiting
nurse associations and nonprofit home care
organizations;
(vii) Any other
not-for-profit corporation organized pursuant to chapter 6 of title 7 or
pursuant to any special act of the general assembly
and which is exempt from federal taxation of
income in accordance with Section 501(c)(3), 26 U.S.C.
section 501(c)(3), of the Internal
Revenue Code and which is licensed as:
(A) A health care
facility pursuant to chapter 17 of title 23;
(B) A
"facility" pursuant to chapter 24 of title 40.1;
(C) A "residential
care and assisted living facility" pursuant to chapter 17.4 of title 23;
(D) An adult day-care
facility; or
(E) A "clinical
laboratory" pursuant to chapter 23-16.2 and as a manufacturer of
biological products by the United States Department of
Health and Human Services Food and
Drug Administration that operates in
(viii) Any
not-for-profit corporation which is exempt from federal taxation of income in
accordance with Section 501(c)(3) of the Internal
Revenue Code, 26 U.S.C. section 501(c)(3), or
any successor section of the Internal Revenue Code,
which under contract with the state educates,
counsels or rehabilitates young people who have come
subject to child welfare, juvenile justice or
mental health systems in the state; or
(ix) Any network or
similar arrangement of those entities listed in subsection (11)(i)
through (viii) above;
(12)
"Educational institution" means an educational institution or local
education
authority participating in the school housing aid
program as described in chapter 7 of title 16
situated within this state which, by virtue of law or charter,
is a public or other nonprofit
educational institution empowered to provide a program
of education at the primary, secondary or
high school level, beyond the high school level, and
which is accredited by a nationally
recognized educational accrediting agency or
association and awards a bachelor's or advance
degree or provides a program of not less than two (2)
years' duration which is accepted for full
credit toward a bachelor's degree;
(13) (15)
"Loan funding deposit" means monies or other property deposited by an
educational institution or child day care center with
the corporation, a guarantor, or a trustee for
the purpose of:
(i)
Providing security for bonds or notes;
(ii) Funding a default
reserve fund;
(iii) Acquiring default
insurance;
(iv) Defraying costs of
the corporation, the monies or properties to be in amounts as
deemed necessary by the corporation or a guarantor as
a condition for the institution's
participation in the corporation's programs;
(14) (16)
"Nonprofit group health association" means an association or a
corporation
established by an act of the general assembly, or
created pursuant to chapter 6 of title 7, to
provide all or any part of a project or property to
the citizens of this state;
(17) "Note"
means a written promise to pay, including, but not limited to, capital notes
and revenue anticipation notes;
(15) (18)
"Parent" means any parent, legal guardian, or sponsor of the student
at an
educational institution or child day care center;
(16) (19)
"Participating hospital" means a hospital which, pursuant to the
provisions of
this chapter, undertakes the financing and
construction or acquisition of a project or undertakes
the refunding or refinancing of obligations or of a
mortgage or of advances as provided in and
permitted by this chapter;
(17) (20)
"Participating educational institution" means an educational
institution or child
day care center which, pursuant to the provisions of this
chapter, undertakes the financing and
construction or acquisition of a project, or
undertakes the refunding or refinancing of obligations
or of a mortgage or of advances or undertakes the
financing, directly or indirectly, of education
loans, all as provided in and permitted by this
chapter;
(18) (21)
"Project," in the case of a participating educational institution or
child day care
center means a structure suitable for use as a
dormitory or other housing facility, dining hall,
student union, administration building, academic
building, library, laboratory, research facility,
classroom, athletic facility, health care facility,
and maintenance, storage or utility facility, and
other structures or facilities related to the educational
institution or child day care center or
required or useful for the instruction of students or
the conducting of research or the operation of
an educational institution or child day care center
including parking and other facilities or
structures essential or convenient for the orderly
conduct of the educational institution or child
day care center and also includes equipment and
machinery and other similar items necessary or
convenient for the operation of a particular facility
or structure in the manner for which its use is
intended, but does not include such items as books,
fuel, supplies, or other items which are
customarily deemed to result in a current operating
charge; and, in the case of a participating
health care provider, means a structure suitable for
use as a hospital, clinic, nursing home,
congregate housing for the elderly and/or infirm,
mental health service unit, or other health care
facility, laboratory, laundry, nurses', interns', or
clients' residence, administration building,
research facility, and maintenance, storage or utility
facility, and other structures or facilities
related to the health care provider or required or
useful for the operation of the project, including
parking and other facilities or structures essential
or convenient for the orderly operation of the
project, and also includes equipment and machinery and
other similar items necessary or
convenient for the operation of the project in the
manner for which its use is intended, but does
not include such items as fuel, supplies, or other
items which are customarily deemed to result in
a current operating charge;
(22) "Revenue
anticipation note(s)" means a note or notes of the corporation not
exceeding twelve (12) months in duration to maturity
issued for the benefit of a health care
provider or educational institution in anticipation of
revenues reasonably expected to be collected
by the health care provider or educational institution
within twelve (12) months from the date of
the note or notes;
(19)
"State" means the state of
(20) "Child day
care center" means a child day care center as defined in section 23-28.1-
5, which is a not-for-profit organization;
(21)
"Note" means a written promise to pay, including, but not limited to,
capital notes
and revenue anticipation notes;
(22) "Capital
note(s)" means a note or notes of the corporation not exceeding twelve
(12)
months in duration to maturity issued for the benefit
of a health care provider or educational
institution to purchase capital assets to be used in
the operations of the health care provider or
educational institution; and
(23) "Revenue
anticipation note(s)" means a note or notes of the corporation not
exceeding twelve (12) months in duration to maturity
issued for the benefit of a health care
provider or educational institution in anticipation of
revenues reasonably expected to be collected
by the health care provider or educational institution
within twelve (12) months from the date of
the note or notes.
(24) (23)
"School housing project" means an "approved project," as
defined in section
16-7-36(2).;
(25) (24)
"School housing project financing" means bonds issued through the
corporation to fund school housing projects as
provided in and permitted by section 16-7-44.;
(25)
"State" means the state of
(26) "State
reimbursement" shall mean the state's share of school housing project cost
as
determined in accordance with sections 16-7-35 --
16-7-47.
SECTION
64. Section 45-48.1-10 of the General Laws in Chapter 45-48.1 entitled
"West
Greenwich Water
District" is hereby amended to read as follows:
45-48.1-10.
Issuance of bonds and notes. – (a) For the purpose of raising
money to
carry out the provisions of this chapter, the district
is authorized and empowered to issue bonds
and notes in anticipation of bonds. The bonds and
notes may be issued hereunder as general
obligations of the district or as special obligations
payable solely from particular funds. Without
limiting the generality of the foregoing, the bonds
and notes may be issued to pay or refund notes
issued in anticipation of the issuance of bonds, to
pay the cost of any acquisition, extension,
enlargement, or improvement of the water works system,
to pay expenses of issuance of the
bonds and the notes, to provide reserves for debt
service, repairs, and replacements or other costs
or current expenses as may be required by a trust
agreement or resolution securing bonds or notes
of the district, or for any combination of the
foregoing purposes. The bonds of each issue shall be
dated, bear interest at a rate or rates, and mature at
a time or times not exceeding forty (40) years
from their dates of issue, as may be determined by the
officers of the district, and may be made
redeemable before maturity at a price or prices and
under terms and conditions that may be fixed
by the officers of the district prior to the issue of
the bonds. The officers of the district shall
determine the form of the bonds and notes, including
interest coupons, if any, to be attached to
them, and the manner of their execution, and shall fix
the denomination or denominations of the
bonds and notes and the place or places of payment of
the principal and interest, which may be at
any bank or trust company within or without the state.
The bonds shall bear the seal of the district
or a facsimile of the seal. In case any officer whose
signature or a facsimile of whose signature
shall appear on any notes, bonds or coupons shall
cease to be an officer before the delivery
thereof, the signature or facsimile shall nevertheless
be valid and sufficient for all purposes as if
he or she had remained in office until after the
delivery. The district may also provide for
authentication of bonds or notes by a trustee or
fiscal agent. Bonds may be issued in bearer or in
registered form, or both, and if notes, may be made
payable to bearer or to order, as the district
may determine, and provision may be made for the
registration of any coupon bonds as to
principal alone and also as to both principal and
interest, for the reconversion into coupon bonds
of bonds registered as to both principal and interest
and for the interchange of bonds registered as
to both principal and interest and for the interchange
of registered and coupon bonds. The issue of
notes shall be governed by the provisions of this
chapter relating to the issue of bonds in
anticipation of bonds as may be applicable. Notes
issued in anticipation of the issuance of bonds
including any renewals, shall mature no later than
five (5) years from the date of the original issue
of the notes. The district may by resolution delegate
to any member of the district or any
combination of them the power to determine any of the
matters set forth in this section including
the power to award bonds or notes to a purchaser or
purchasers at public sale. The district may
sell its bonds and notes in a manner, either at public
or private sale, for a price, at a rate or rates of
interest, or at a discount in lieu of interest, as it
may determine will best effect the purposes of this
chapter.
(b) The district
may issue interim receipts or temporary bonds, with or without coupons,
exchangeable for definitive bonds when the bonds shall
have been executed and are available for
delivery. The district may also provide for the
replacement of any bonds which shall have become
mutilated or shall have been destroyed or lost.
SECTION
65. Sections 45-53-3 and 45-53-7 of the General Laws in Chapter 45-53
entitled "Low and
Moderate Income Housing" are hereby amended to read as follows:
45-53-3.
Definitions. -- The following words, wherever used in this chapter,
unless a
different meaning clearly appears from the context,
have the following meanings:
(1) "Affordable
housing plan" means a component of a housing element, as defined in
subdivision 45-22.2-4(1), to meet housing needs in a
city or town that is prepared in accordance
with guidelines adopted by the state planning council,
and/or to meet the provisions of subsection
45-53-4(b)(1) and (c).
(2) "Approved
affordable housing plan" means an affordable housing plan that has been
approved by the director of administration as meeting
the guidelines for the local comprehensive
plan as promulgated by the state planning council;
provided, however, that state review and
approval, for plans submitted by December 31, 2004,
shall not be contingent on the city or town
having completed, adopted, or amended its
comprehensive plan as provided for in sections 45-
22.2-8, 45-22.2-9, or 45-22.2-12.
(1) (3)
"Comprehensive plan" means a comprehensive plan adopted and approved
by a
city or town pursuant to chapters 22.2 and 22.3 of
this title.
(2) (4)
"Consistent with local needs" means reasonable in view of the state
need for low
and moderate income housing, considered with the
number of low income persons in the city or
town affected and the need to protect the health and
safety of the occupants of the proposed
housing or of the residence of the city or town, to
promote better site and building design in
relation to the surroundings, or to preserve open
spaces, and if the local zoning or land use
ordinances, requirements, and regulations are applied
as equally as possible to both subsidized
and unsubsidized housing. Local zoning and land use
ordinances, requirements, or regulations are
consistent with local needs when imposed by a city or
town council after comprehensive hearing
in a city or town where:
(i)
Low or moderate income housing exists which is: (A) in the case of an urban
city or
town which has at least 5,000 occupied year-round
rental units and the units, as reported in the
latest decennial census of the city or town, comprise
twenty-five percent (25%) or more of the
year-round housing units, is in excess of fifteen
percent (15%) of the total occupied year-round
rental units; or (B) in the case of all other cities
or towns, is in excess of ten percent (10%) of the
year-round housing units reported in the census.
(ii) The city or town
has promulgated zoning or land use ordinances, requirements, and
regulations to implement a comprehensive plan which
has been adopted and approved pursuant to
chapters 22.2 and 22.3 of this title, and the housing
element of the comprehensive plan provides
for low and moderate income housing in excess of
either ten percent (10%) of the year-round
housing units or fifteen percent (15%) of the occupied
year-round rental housing units as
provided in subdivision (2)(i).
(3) (5)
"Infeasible" means any condition brought about by any single factor
or
combination of factors, as a result of limitations
imposed on the development by conditions
attached to the approval of the comprehensive permit,
to the extent that it makes it impossible for
a public agency, nonprofit organization, or limited
equity housing cooperative to proceed in
building or operating low or moderate income housing
without financial loss, within the
limitations set by the subsidizing agency of
government, on the size or character of the
development, on the amount or nature of the subsidy,
or on the tenants, rentals, and income
permissible, and without substantially changing the
rent levels and unit sizes proposed by the
public agency, nonprofit organization, or limited
equity housing cooperative.
(6) "Letter of
eligibility" means a letter issued by the
finance corporation in accordance with subsection
42-55-5.3(a).
(4) (7)
"Local board" means any town or city official, zoning board of
review, planning
board or commission, board of appeal or zoning
enforcement officer, local conservation
commission, historic district commission, or other
municipal board having supervision of the
construction of buildings or the power of enforcing
land use regulations, such as subdivision, or
zoning laws.
(8) "Local
review board" means the planning board as defined by subdivision 45-22.2-
4(26), or if designated by ordinance as the board to
act on comprehensive permits for the town,
the zoning board of review established pursuant to
section 45-24-56.
(5) (9)
"Low or moderate income housing" means any housing whether built or
operated
by any public agency or any nonprofit organization or
by any limited equity housing cooperative
or any private developer, that is subsidized by a
federal, state, or municipal government subsidy
under any program to assist the construction or
rehabilitation of housing affordable to low or
moderate income households, as defined in the
applicable federal or state statute, or local
ordinance and that will remain affordable through a
land lease and/or deed restriction for ninety-
nine (99) years or such other period that is either
agreed to by the applicant and town or
prescribed by the federal, state, or municipal
government subsidy program but that is not less than
thirty (30) years from initial occupancy.
(6) "Affordable
housing plan" means a component of a housing element, as defined in
section 45-22.2-4(33), to meet housing needs in a city
or town that is prepared in accordance with
guidelines adopted by the state planning council,
and/or to meet the provisions of section 45-53-
4(b)(1) and (c).
(7) "Approved
affordable housing plan" means an affordable housing plan that has been
approved by the director of administration as meeting
the guidelines for the local comprehensive
plan as promulgated by the state planning council;
provided, however, that state review and
approval, for plans submitted by December 31, 2004,
shall not be contingent on the city or town
having completed, adopted, or amended its
comprehensive plan as provided for in sections 45-
22.2-8, 45-22.2-9, or 45-22.2-12.
(8) "Letter of
eligibility" means a letter issued by the Rhode Island Housing and
Mortgage Finance Corporation in accordance with
section 42-55-5.3(a).
(9) "Local
review board" means the planning board as defined by section
45-22.2-4(24),
or if designated by ordinance as the board to act on
comprehensive permits for the town, the
zoning board of review established pursuant to section
45-24-56.
(10) "Meeting
housing needs" means adoption of the implementation program of an
approved affordable housing plan and the absence of
unreasonable denial of applications that are
made pursuant to an approved affordable housing plan
in order to accomplish the purposes and
expectations of the approved affordable housing plan.
(11) "Municipal
government subsidy" means assistance that is made available through a
city or town program sufficient to make housing
affordable, as affordable housing is defined in
section 42-128-8.1(d)(1); such assistance may include,
but is not limited to, direct financial
support, abatement of taxes, waiver of fees and
charges, and approval of density bonuses and/or
internal subsidies, and any combination of forms of
assistance.
45-53-7. Housing
appeals board. -- (a) (1) There shall be within the state a housing
appeals board consisting of seven (7) voting members
to be appointed by the governor, who shall
include four (4) local officials, who shall not be
from the same city or town; two (2) of whom
shall be from a city or town with a population of less
than twenty-five thousand (25,000); and two
(2) of whom shall be from a city or town with a population
of twenty-five thousand (25,000) or
greater, and shall include one local zoning board
member, one local planning board member, one
city council member and one town council member, one
of the local official members shall be
designated by the governor as the alternative local
official member who shall be a voting member
of the board only in the event that one or more of the
other three (3) local officials is unable to
serve at a hearing; one affordable housing developer;
one affordable housing advocate; one
representative of the business community; and one
attorney knowledgeable in land use regulation,
who should be chairperson of the board.
(2) Those members of
the board as of the effective date of this act July 2, 2004 who
were
appointed to the board by members of the general
assembly shall cease to be members of the
board on the effective date of this act July
2, 2004, and the governor shall thereupon nominate
four (4) new members each of whom shall serve for the balance
of the current term of his or her
predecessor.
(3) All other members
of the commission as of the effective date of this act July 2, 2004
shall continue to serve for the duration of their
current terms.
(4) All gubernatorial
appointments made under this section after the effective date of this
act July
2, 2004 shall be subject to the advice and consent of the senate.
(b) All appointments
are for two (2) year terms; except as otherwise provided in
subsection (a)(ii)(2)of this section,
the terms of members appointed after December 31, 2004,
shall be for three (3) years. Each member who is duly
appointed or continued in office after
January 1, 2005, shall hold office for the term for
which the member is appointed and until the
member's successor shall have been appointed and
qualified, or until the members member's
earlier death, resignation, or removal. A member shall
receive no compensation for his or her
services, but shall be reimbursed by the state for all
reasonable expenses actually and necessarily
incurred in the performance of his or her official
duties. The board shall hear all petitions for
review filed under section 45-53-5, and shall conduct
all hearings in accordance with the rules
and regulations established by the chair.
and other assistance, as the board may require.
SECTION
66. Section 45-55-4 of the General Laws in Chapter 45-55 entitled "Award
of
Municipal Contracts"
is hereby amended to read as follows:
45-55-4.
Definitions. -- The words defined in this section have the following
meanings
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 order signed by the purchasing agent, or contractor
directing or allowing the contractor to make changes
which the changes clause of the contract
authorizes the purchasing agent or contractor to order
without the consent of the contractor or
purchasing agent.
(3) "Purchasing
officer" means the person designated in each municipality or quasi
public agency pursuant to section 45-55-3.
(4) (3)
"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 municipality in the usual
course of their job.
(5) (4)
"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
preceding. "Contract" does not include labor
contracts with employees of the municipality.
(6) (5)
"Contract modification" 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, as
supplemental agreements, and unilateral actions, as
change orders, administrative changes,
notices of termination, and notices of the exercise of
a contract option.
(7) (6)
"Contractor" means any person having a contract with a municipality.
(8) (7)
"Data" means recorded information, regardless of form or
characteristic.
(9) (8)
"Designee" means a duly authorized representative of a person holding
a superior
position.
(10) (9)
"Employee" means an individual drawing a salary from a municipality,
whether
elected or not, and any nonsalaried
individual performing personal services for any municipality.
(10) "May"
means permissive.
(11)
"Municipality" means the individual cities and towns of the state of
(12) "May"
means permissive.
(13) (12)
"Negotiation" means contracting by either of the methods described in
sections
45-55-6, 45-55-7, and 45-55-8.
(14) (13)
"Person" means any business, individual, organization, or group of
individuals.
(15) (14)
"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 description of requirements,
selection and solicitation of sources, preparation and
award of contract, and all phases of contract
administration.
(15) "Purchasing
officer" means the person designated in each municipality or quasi
public agency pursuant to section 45-55-3.
(16)
"Regulations" means rules and regulations adopted by the individual
cities or towns,
concerning the implementation of the provisions of
this chapter.
(17)
"Services" means the rendering, by a contractor, of its time and
effort rather than the
furnishing of a specific end product, other than
reports which are merely incidental to the required
performance of services. "Services" does not
include labor contracts with employees of
governmental agencies.
(18) "Shall"
means imperative.
(19) "Supplemental
agreement" means any contract modification which is accomplished
by the mutual action of the parties.
(20)
"Supplies" means all property, including, but not limited, to leases
of real property,
printing and insurance, except land or permanent
interest in land.
SECTION
67. Section 45-58-2 of the General Laws in Chapter 45-58 entitled "Pascoag
Utility District" is
hereby amended to read as follows:
45-58-2.
Definitions. -- Terms used in this chapter shall be construed as
follows, unless
another meaning is expressed or is clearly apparent
from the language or context:
(1) "Utility
district" means the Pascoag utility district, a quasi-municipal
corporation,
district and political subdivision of the state
established and empowered by this chapter to:
(i)
Succeed to and fulfill the electric and water utility functions, powers,
rights, property
and obligations heretofore held and fulfilled by the
Pascoag fire district created by the act passed
at the May session 1887, entitled "An Act to
Incorporate the Pascoag Fire District" as thereafter
amended and supplemented from time to time;
(ii) Exercise
certain additional powers as a water supplier, an electric distribution
company and as a nonregulated
power producer; and
(iii) To provide
additional utility services not inconsistent with the duties, powers and
obligations of the utility district as defined in this
section.
(2) (1)
"Fire district" means the Pascoag fire district created by the act
passed at the May
session 1887, entitled "An Act to Incorporate the
Pascoag Fire District" as thereafter amended
and supplemented from time to time.
(3) "Utility
assets" means that real property, personal property, rights in any real
and
personal property, facilities, equipment, contract
rights, statutory rights and privileges, franchises
and other tangible or intangible property of any kind
whatever used in, or useful to, the conduct
of the electric and water utility operations conducted
prior to April 4, 2001 by the fire district, and
on and after April 4, 2001 by the utility district.
(4) (2)
"Fire protection assets" means that real property, facilities,
equipment, statutory
rights and privileges, and other tangible or
intangible property of any kind whatever used in, or
useful to, the conduct of the fire protection and
prevention operations conducted prior to, on and
after April 4, 2001 by the fire district.
(3) "Qualified
voter" means any person whose name appears on an active account with
the Pascoag utility district and who resides in the
(4) "Utility
assets" means that real property, personal property, rights in any real
and
personal property, facilities, equipment, contract
rights, statutory rights and privileges, franchises
and other tangible or intangible property of any kind whatever
used in, or useful to, the conduct
of the electric and water utility operations conducted
prior to April 4, 2001 by the fire district, and
on and after April 4, 2001 by the utility district.
(5) "Utility
bond obligations" means the obligations represented by and inherent in any
revenue or general obligation bond issued by the
Pascoag fire district prior to April 4, 2001 for
the purpose of financing any aspect of its electric or
water utility system or operations, which
obligations remain outstanding in any part as of April
4, 2001.
(6) "Utility
district" means the Pascoag utility district, a quasi-municipal
corporation,
district and political subdivision of the state
established and empowered by this chapter to:
(i)
Succeed to and fulfill the electric and water utility functions, powers,
rights, property
and obligations heretofore held and fulfilled by the
Pascoag fire district created by the act passed
at the May session 1887, entitled "An Act to
Incorporate the Pascoag Fire District" as thereafter
amended and supplemented from time to time;
(ii) Exercise
certain additional powers as a water supplier, an electric distribution
company and as a nonregulated
power producer; and
(iii) To provide
additional utility services not inconsistent with the duties, powers and
obligations of the utility district as defined in this
section.
(5) (7)
"Utility service area" means that geographic area located within the
boundaries of
the Pascoag fire district, as established under the
act passed at the May session 1887, entitled "An
Act to Incorporate the Pascoag Fire District" as
thereafter amended and supplemented from time
to time.
(6) "Utility
bond obligations" means the obligations represented by and inherent in any
revenue or general obligation bond issued by the
Pascoag fire district prior to April 4, 2001 for
the purpose of financing any aspect of its electric or
water utility system or operations, which
obligations remain outstanding in any part as of April
4, 2001.
(7) "Qualified
voter" means any person whose name appears on an active account with
the Pascoag utility district and who resides in the
village of .
SECTION
68. Section 45-61-2 of the General Laws in Chapter 45-61 entitled
"Stormwater
Management Districts" is hereby amended to read as follows:
45-61-2.
Legislative findings. -- The general assembly hereby recognizes and
declares
that:
(1) The general
assembly finds that stormwater, when not properly
controlled and
treated, causes pollution of the waters of the state,
threatens public health, and damages property.
Stormwater carries pollutants and other material from the land
-- such as human and animal
waste, oil, gasoline, grease, fertilizers, nutrients,
and sediments -- into rivers, streams, ponds,
coves, drinking water aquifers, and
streets, roads, lawns, and other means. As a result,
public use of the natural resources of state for
drinking water, swimming, fishing, shellfishing,
and other forms of recreation is limited and in
some cases prohibited.
(2) The general
assembly further finds that inattention to stormwater
management results
in erosion of soils and destruction of both public and
private property, thereby putting public
safety at risk and harming property values and uses,
including agriculture and industry. Therefore,
to help alleviate existing and future degradation of
the state's waters and the associated risks to
public health and safety, and to comply with state and
federal stormwater management
requirements, stormwater
conveyance systems must be maintained and improved. The state of
"Phase II" stormwater
management regulations, which require municipalities and other persons to
increase their capacity to control stormwater.
The Department of Environmental Management's
Pollution Discharge Elimination System program has
promulgated these regulations.
SECTION
69. Section 45-61.2-2 of the General Laws in Chapter 45-61.2 entitled "The
Smart Development for a
Cleaner Bay Act of 2007" is hereby amended to read as follows:
45-61.2-2.
Implementation. -- The department of environmental management (DEM), in
conjunction with the coastal resources management
council (CRMC) shall, by July 1, 2008,
amend the
include, but not be limited to, incorporation into
existing regulatory programs that already include
the review of stormwater
impacts the following requirements:
(a) (1)
Maintain pre-development groundwater recharge and infiltration on site to the
maximum extent practicable;
(b) (2)
Demonstrate that post-construction stormwater runoff
is controlled, and that post-
development peak discharge rates do not exceed
pre-development peak discharge rates; and
(c) (3)
Use low impact-design techniques as the primary method of stormwater
control to
the maximum extent practicable.
SECTION
70. Section 45-62-1 of the General Laws in Chapter 45-62 entitled "Dam
Management Districts"
is hereby amended to read as follows:
45-62-1.
Legislative findings. -- The general assembly recognizes and declares
that:
(1) Many
man-made dams in
communities, including the protection of public safety
and private property; the protection of
drinking water supplies, recreational opportunities,
and electrical supplies; the preservation and
enhancement of scenic beauty; and the conservation of
fish and wildlife resources.
(2) In order to
protect the values that dams provide, or mitigate the risk posed by dams
that no longer serve any useful purpose, dams must be
properly operated, maintained, repaired
and/or removed.
(3) The costs of
properly operating, maintaining, repairing and/or removing dams are
often significant and recurring in nature. In order to
meet these costs, local communities should
be able to form dam management districts as one of
several financial tools available to them.
SECTION
71. Section 45-63-2 and 45-63-3 of the General Laws in Chapter 45-63
entitled "Middletown Stormwater Control System" are hereby amended to read
as follows:
45-63-2.
Authorization. – (a) Subject to approval of the
environmental management, where required by law or regulation,
and where appropriate, to the
approval of such other state and federal agencies
having jurisdiction over the subject matter, the
town of
maintain and operate a stormwater
control system facility inclusive, but not limited to, pipes,
connections, catch basins, manholes, retention and/or
detention basins, water quality ponds,
swales, channels, pumps, holding tanks and such other
facilities as may be reasonably necessary
for the collection, treatment, storage and disposal of
stormwater and for such purposes to take by
eminent domain or otherwise acquire any lands,
rights-of-way, or easements, public or private in
said town necessary for accomplishing the purposes set
forth in this chapter.
(b) The design,
permit, layout and construction of said stormwater
control system shall
be vested in the town council, subject to approval of
the
environmental management. The members of the town
council and their duly authorized agents
may enter upon property within the town to examine,
inspect and survey same whenever
necessary for the performance of their duties
hereunder.
45-63-3. Special
assessment. – (a) The town of
to impose and collect a special assessment to defray
the cost of construction of said stormwater
control systems in areas not presently served by
subsurface stormwater control systems. The town
council shall prescribe a just and equitable annual
assessment to all owners of land abutting on
that portion of any street, highway or right-of-way in
which storm water drainage pipes, catch
basins and lines are installed at the expense of the
town of
adopted by ordinance of the town council after public
hearing thereon, shall be imposed only after
said stormwater control
system shall have been installed and shall be formulated to repay to the
town the actual costs of construction of said storm
water control system, including design,
permitting, debt service and costs on any issuance of
bonds or notes issued to finance the same, or
such portion thereof as the town shall deem
appropriate, over a period not to exceed twenty (20)
years, (or the repayment term of any bonds or notes
utilized to finance same, whichever may be
greater). Said assessment to owners of abutting land
shall be at a uniform rate for each foot of
frontage of land abutting on a street, highway or
right-of-way, into which a subsurface
stormwater control system shall have been installed by the town;
provided, however, that a
minimum rate may be established for any lot having
foot frontage of less than fifty (50) feet
which rate may be equal to that charged for a lot with
foot frontage of fifty (50) feet; provided,
that a higher rate per foot frontage may be assessed
to a lot of land upon which a dwelling or
other structure is located than an unimproved lot of
land, and further provided, that whenever any
lot is located at the intersection of two (2) streets,
highways or rights-of-way in which stormwater
drainage lines have been constructed at the expense of
the town of
assessment on such lot shall be made only for the stormwater drainage line on one street, highway
or right-of-way, that being the street, highway or
right-of-way having the greatest linear foot
frontage. It is hereby determined that assessment made
under this section will not exceed the
benefits to the abutting owners.
(b) Said
ordinance shall provide that the amount of said special assessment shall be
payable to the town in equal annual installments for a
period not exceeding twenty (20) years, (or
the repayment term of any bonds or notes utilized to
finance same, whichever may be greater),
with interest thereon, if any, at a rate to be
determined by the town council not exceeding six
percent (6%) per annum or the interest rate payable on
any bonds or notes issued to finance same,
whichever may be greater, payable at such time as each
installment becomes due. Any property
owner shall have the right to prepay unpaid
installments with interest to time of prepayment.
(c) The town
council shall annually, prior to the first day of July, certify to the finance
director all assessments made by it under the
authority of this section. Each such assessment
made by the town council pursuant to this section
shall be a lien upon the lands, buildings and
improvements upon which it is made in the same way and
manner in which taxes assessed on real
estate and if not paid as required shall be collected
in the same manner that taxes assessed on real
estate are by law collected. Such assessment shall be
due and payable at the time the next regular
town taxes are first due and payable next after
receipt by the finance director of the certification
of assessments from the town council, except that
payment may be made in quarterly installments
and installment payments shall be due beginning at such
time, and the finance director shall
forthwith certify to the tax collector for collection,
and the tax collector shall proceed to collect
such assessment in the same manner and at the same
time the regular taxes of the town are first
due and payable, with provision for installments as
provided in this section. Interest at the rate per
annum for nonpayment of town taxes shall be charged
and collected upon all overdue
assessments and installments from the date they are
payable until paid.
SECTION
72. This act shall take effect upon passage.
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LC00465/SUB A/2
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