ARTICLE 9 SUBSTITUTE A AS AMENDED
RELATING TO
REVENUES
SECTION 1. Sections 3-8-6 and 3-8-6.1 of the General Laws in
Chapter 3-8 entitled
“Regulation of Sales” are hereby amended to read as follows:
3-8-6. Unlawful
drinking and misrepresentation by underage persons –
Identification cards for persons twenty-one and older.
-- (a) It
is unlawful for:
(1) A
person who has not reached his or her twenty-first (21st) birthday to enter any
premises licensed for the retail sale of alcoholic beverages
for the purpose of purchasing or
having served or delivered to him or her alcoholic
beverages; or
(2) A
person who has not reached his or her twenty-first (21st) birthday to consume
any
alcoholic beverage on premises licensed for the retail sale of
alcoholic beverages or to purchase,
attempt to purchase, or have another purchase for him or her
any alcoholic beverage; or
(3) A
person to misrepresent or misstate his or her age, or the age of any other persons,
or to misrepresent his or her age through the
presentation of any of the following documents:
(i) An armed service identification card, valid passport,
the identification card license,
or any other documentation used for identification purposes
that may belong to any other person
who is twenty-one (21) years or older;
(ii) A
motor vehicle operator's license which bears the date of birth of the licensee,
and
which is issued by this state or any other state;
(iii)
A
inducing any licensee or any employee of any licensee, to
sell, serve or deliver any alcoholic
beverage to a minor.
(b)
The administrator of the division of motor vehicles shall issue to any person
who
has reached his or her twenty-first (21st) birthday a
payment of a fee of fifteen dollars ($15) twenty-five
dollars ($25), and, upon presentation of a
certified birth or baptismal certificate, or
certificate or a valid immigrant or refugee document issued by
the
naturalization service, including, but not limited to, any one of
the following: Form I-551, Form
I-94, Form I-688A, and Form I-688, together with a
document bearing the applicant's signature.
(2) A
person who has reached his or her fifty ninth (59th) birthday is not required
to
pay the fee.
(3) Each
registration card shall be subject to renewal every five (5) years upon payment
of a fee of fifteen dollars ($15) twenty-five
dollars ($25).
(4) No
person who holds an operator's license issued by this state or any other state
shall be issued a
(5)
The identification card shall be signed by the administrator of the division of
motor
vehicles and by the applicant and his or her picture shall
appear on the card along with the
required information and the card shall be encased in
laminated plastic. The card shall be two
inches (2") in height and four inches (4") in
length and shall be printed in the following form:
RHODE
Date
Issued No. . . . .
. .
First
Name Middle Name Last Name
)
Address
)
BIRTH
RECORD
Month
Day . . . .
. . . . . . Year .
. . . . . . . .
Secure
Color Color Sex Ht. Wt.
Photo
of hair of eyes
by Pasting
here . . . . . . .
. . . . . . . . . .
. . . . . . . . . . . .
. . . . .
Issued
by
Administrator
of the Division of Motor Vehicles
Administrator
(6)
The identification cards shall be produced at the adult correctional
institutions if
they have facilities to do so; if the adult correctional
institutions have no facilities to do so, then
all cards shall be manufactured by the lowest responsible
bidder following advertisement for the
solicitation of bids.
(7)
The identification cards shall be clearly distinguishable from those issued
pursuant
to § 3-8-6.1 and operators' and chauffeurs' licenses
issued pursuant to title 31.
(8)
Any person who has been designated as permanently and totally disabled by the
social security administration or who upon certification by
an optometrist, ophthalmologist or
physician that a holder of a valid and current motor vehicle
operator's license is no longer able to
operate a motor vehicle, the administrator of the division of
motor vehicles shall issue to such
person, upon request, a
motor vehicle operator's license at no additional cost.
Thereafter, a renewal of such card shall be
subject to the standard renewal charge of fifteen dollars
($15) twenty-five dollars ($25) until such
person shall reach his or her fifty-ninth (59th) birthday.
(c)(1)
Every retail Class A, B, C, and D licensee shall cause to be kept a book or
photographic reproduction equipment which provides the same
information as required by the
book. That licensee and/or the licensee's employee shall
require any person who has shown a
document as set forth in this section substantiating his or
her age to sign that book or to permit the
taking of his or her photograph and indicate what document
was presented. Use of the
photographic reproduction equipment is voluntary for every Class
A, B, C and D licensee.
(2)
The sign-in as minor book and photographic reproduction equipment shall be
prescribed, published, and approved at the direction and control
of the division. The book shall
contain at least four hundred (400) pages, shall be uniform
throughout the state, and shall be
distributed at a cost not to exceed seven dollars ($7).
(3) If
a person whose age is in question signs the sign-in as minor book or has a
photograph taken before he or she is sold any alcoholic beverage
and it is later determined that
the person had not reached his or her twenty-first (21st)
birthday at the time of sale, it is
considered prima facie evidence that the licensee and/or the
licensee's agent or servant acted in
good faith in selling any alcoholic beverage to the person
producing the document as set forth in
this section misrepresenting his or her age.
(4)
Proof of good faith reliance on any misrepresentation is a defense to the
prosecution
of the licensee and/or the licensee's agent or servant
for an alleged violation of this section.
(d)(1)
Any person who violates this section shall be punished for the first offense by
a
mandatory fine of not less than one hundred dollars ($100) nor
more than five hundred dollars
($500) and shall be further punished by thirty (30)
hours of community service and shall be
further punished by a suspension of his or her motor vehicle
operator's license or driving
privileges for a period of thirty (30) days; for the second
offense by a mandatory fine of not less
than five hundred dollars ($500) nor more than seven
hundred fifty dollars ($750) and shall be
further punished by forty (40) hours of community service and
will be further punished by a
suspension of his or her motor vehicle operator's license or
driving privileges for a period of three
(3) months; and for the third
and subsequent offenses by a mandatory fine for each offense of not
less than seven hundred fifty dollars ($750) nor more than
one thousand dollars ($1,000) and shall
be further punished by fifty (50) hours of community
service and will be further punished by a
suspension of his or her motor vehicle operator's license or
driving privileges for a period of one
year.
(2)
Any suspension of an operator's license or driving privilege pursuant to this
section
shall not operate to affect the insurance rating of the
offender and any operator's license or
driving privilege suspended pursuant to this section shall be
reinstated without further expense
upon application.
(e)
Within thirty (30) days after this incident the police chief of the city or
town where
the incident took place is directed to inform, in
writing, the department of business regulation
whether or not charges in accordance with this section have
been preferred against a person who
has not reached his or her twenty-first (21st) birthday
and has violated this section. If no charge is
brought against any person who has not reached his or her
twenty-first (21st) birthday and has
violated the provisions of this section, then the police chief
of the city or town where the incident
took place will state the reason for his or her failure to
charge the person who has not reached his
or her twenty-first (21st) birthday.
(f)
The
the discretion of the administrator of the division of
motor vehicles. The administrator of the
division of motor vehicles shall keep a record of the cards
issued and each card shall contain an
identification number specifically assigned to the person to whom
the card was issued.
3-8-6.1.
Identification cards for persons under the age of 21. -- (a) (1) The
administrator of the division of motor vehicles shall issue to any
person upon request, who is
under twenty-one (21) years of age, an identification card
upon payment of a fee of fifteen dollars
($15.00) twenty-five
dollars ($25.00), and, upon presentation of a certified birth or baptismal
certificate, or
refugee document issued by the
but not limited to, any one of the following: Form I-551,
Form I-94, Form I-688A, and Form I-
688, together with a document
bearing the applicant's signature.
No person who holds an
operator's license, issued by this state or any other state,
shall be issued an identification card.
(2) The identification
card shall be subject to renewal every five (5) years upon the
payment of a fee of fifteen dollars ($15.00) twenty-five
dollars ($25.00).
(3) The identification
card shall be signed by the administrator of the division of motor
vehicles and also by the applicant, and his or her picture
shall appear on the card along with the
required information and the card shall be encased in
laminated plastic. The card shall be two
inches (2") in height and four inches (4") in length
and shall be printed in the following form:
IDENTIFICATION CARD
Date Issued
............ No. . . . . . .
First Name Middle Name
Last Name
.............................................................................
Address .............................................................................
BIRTH RECORD
Month
............ Day . . . . . . . . . Year . . . . . . . . .
Secure Color Color Sex Ht. Wt.
Photo of hair of eyes
by
Pasting
here
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Issued by
Administrator of the
Division of Motor Vehicles ............ ............
............
Administrator
(4) The identification
cards shall be produced at the adult correctional institution if they
have facilities to do so; if the adult correctional
institutions have no facilities to do so, then all
cards shall be manufactured by the lowest responsible
bidder following advertisement for the
solicitation of bids.
(5) The identification
cards shall be clearly distinguishable from those issued pursuant to
section 3-8-6 and operators' and chauffeurs' licenses issued
pursuant to title 31.
(b) The identification
card may be withdrawn at any time for just cause, at the discretion
of the administrator of the division of motor vehicles.
The administrator of the division of motor
vehicles shall keep a record of the cards issued and each card
shall contain an identification
number specifically assigned to the person to whom the card
was issued.
SECTION 2. Section 31-3.1-38 of the General Laws in Chapter
31-3.1 entitled
“Certification of Title and
Security Interests” is hereby amended to read as follows:
31-3.1-38. Effective
dates – Applicability. -- This chapter shall apply to all model
vehicles designated as 1973 2001 models and all
subsequent model year vehicles. All vehicles
designated as model years prior to 1973 2001 shall
be excluded from these provisions, provided
that no title certificate shall be required once a vehicle
is ten (10) twenty (20) years old.
SECTION 3. Section 31-5-8 of the General Laws in Chapter
31-5 entitled “Dealers’,
Manufacturers’ and Rental
Licenses” is hereby amended to read as follows:
31-5-8. License
fee. -- The license fee for each year shall be as
follows: the fee for the
license to each motor vehicle dealer shall be one hundred
dollars ($100) three hundred dollars
($300) plus a fee in like amount for each office or branch.
SECTION 4. Section 31-5-22 of the General Laws in Chapter
31-5 entitled “Dealers’,
Manufacturers’, and Rental Licenses” is hereby amended to read as
follows:
31-5-22. Application
for license – Fee – Expiration. -- (a) Any person desiring to be
licensed as a manufacturer, factory representative, or
distributor shall apply to the department of
revenue upon a form containing any information that the
department shall require. The
department may require with the application or, otherwise,
information relating to the applicant's
solvency, his or her financial standing, or other pertinent
matter commensurate with the
safeguarding of the public interest, all of which may be
considered by the department in
determining the fitness of the applicant to engage in the
business for which the applicant desires
the license.
(b)
Each application of a factory representative shall be accompanied by a fee of forty
dollars ($40) one
hundred dollars ($100). Each application of a manufacturer or distributor shall
be accompanied by a fee of two hundred dollars ($200)
three hundred dollars ($300).
(c)
All licenses shall be granted or refused within thirty (30) days after the
application
is filed and shall expire, unless revoked or suspended
before that time, on December 31st of the
calendar year for which they are granted.
SECTION 5. Section 31-6-1 of the General Laws in
Chapter 31-6 entitled “Registration
Fees” is hereby amended to
read as follows:
31-6-1. Amount of registration and miscellaneous fees.
-- (a) The following
registration fees shall be paid to the division of motor vehicles
for the registration of motor
vehicles, trailers, semi-trailers, and school buses subject to
registration for each year of
registration:
(1)
For the registration of every automobile, when equipped with pneumatic tires,
the
gross weight of which is not more than four thousand pounds
(4,000 lbs.): thirty dollars ($30).
(2)
For the registration of every motor truck or tractor when equipped with
pneumatic
tires, the gross weight of which is not more than four
thousand pounds (4,000 lbs.): thirty-four
dollars ($34).
(3)
For the registration of every automobile, motor truck or tractor, when equipped
with
pneumatic tires, the gross weight of which is:
(i) More than four thousand pounds (4,000 lbs.), but not
more than five thousand
pounds (5,000 lbs.): forty dollars ($40);
(ii)
More than five thousand pounds (5,000 lbs.), but not more than six thousand
pounds
(6,000 lbs.): forty-eight dollars ($48);
(iii)
More than six thousand pounds (6,000 lbs.), but not more than seven thousand
pounds (7,000 lbs.): fifty-six dollars ($56);
(iv) More than seven thousand pounds (7,000 lbs.), but not
more than eight thousand
pounds (8,000 lbs.): sixty-four dollars ($64);
(v)
More than eight thousand pounds (8,000 lbs.), but not more than nine thousand
pounds (9,000 lbs.): seventy dollars ($70);
(vi) More than nine thousand pounds (9,000 lbs.), but not
more than ten thousand
pounds (10,000 lbs.): seventy-eight dollars ($78);
(vii)
More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand
pounds (12,000 lbs.): one hundred six dollars ($106);
(viii)
More than twelve thousand pounds (12,000 lbs.), but not more than fourteen
thousand pounds (14,000 lbs.): one hundred twenty-four dollars
($124);
(ix)
More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen
thousand pounds (16,000 lbs.): one hundred forty dollars
($140);
(x)
More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen
thousand pounds (18,000 lbs.): one hundred fifty-eight dollars
($158);
(xi)
More than eighteen thousand pounds (18,000 lbs.), but not more than twenty
thousand pounds (20,000 lbs.): one hundred seventy-six dollars
($176);
(xii)
More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two
thousand pounds (22,000 lbs.): one hundred ninety-four dollars
($194);
(xiii)
More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-
four thousand pounds (24,000 lbs.): two hundred ten
dollars ($210);
(xiv)
More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-
six thousand pounds (26,000 lbs.): two hundred thirty
dollars ($230);
(xv)
More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-
eight thousand pounds (28,000 lbs.): two hundred ninety-six
dollars ($296);
(xvi)
More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty
thousand pounds (30,000 lbs.): three hundred sixteen dollars
($316);
(xvii)
More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two
thousand pounds (32,000 lbs.): four hundred and twenty-two
dollars ($422);
(xviii)
More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-
four thousand pounds (34,000 lbs.): four hundred and
forty-eight dollars ($448);
(xix)
More than thirty-four thousand pounds (34,000 lbs.), but not more than
thirty-six
thousand pounds (36,000 lbs.): four hundred and seventy-six
dollars ($476);
(xx)
More than thirty-six thousand pounds (36,000 lbs.), but not more than
thirty-eight
thousand pounds (38,000 lbs.): five hundred and two dollars
($502);
(xxi)
More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty
thousand pounds (40,000 lbs.): five hundred and twenty-eight
dollars ($528);
(xxii)
More than forty thousand pounds (40,000 lbs.), but not more than forty-two
thousand pounds (42,000 lbs.): five hundred and fifty-four
dollars ($554);
(xxiii)
More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six
thousand pounds (46,000 lbs.): six hundred and eight dollars
($608);
(xxiv)
More than forty-six thousand pounds (46,000 lbs.), but not more than fifty
thousand pounds (50,000 lbs.): six hundred and sixty dollars
($660);
(xxv)
More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four
thousand pounds (54,000 lbs.): seven hundred and twelve
dollars ($712);
(xxvi)
More than fifty-four thousand pounds (54,000 lbs.), but not more than
fifty-eight
thousand pounds (58,000 lbs.): seven hundred and sixty-eight
dollars ($768);
(xxvii)
More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-
two thousand pounds (62,000 lbs.): eight hundred and
sixteen dollars ($816);
(xxviii)
More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six
thousand pounds (66,000 lbs.): eight hundred and seventy-six
dollars ($876);
(xxix)
More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy
thousand pounds (70,000 lbs.): nine hundred and twenty-four
dollars ($924);
(xxx)
More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four
thousand pounds (74,000 lbs.): nine hundred and seventy-two
dollars ($972);
(xxxi)
Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two
dollars ($972), plus twenty-four dollars ($24) per two
thousand pounds (2,000 lbs.) gross weight.
(4)
For the registration of every semi-trailer to be used with a truck-tractor as
defined in
§ 31-1-4(a) shall be as follows annual fee of twelve
dollars ($12) for a one year registration, for
multi-year registrations the fee of fifty dollars ($50) for a
five (5) year registration and eighty
dollars ($80) for an eight (8) year registration. However,
when in use the weight of the resulting
semi-trailer unit and its maximum carrying capacity shall not
exceed the gross weight of the
original semi-trailer unit from which the gross weight of the
tractor was determined. A
registration certificate and registration plate shall be issued
for each semi-trailer so registered.
There shall be no refund of payment of such fee,
except that when a plate is returned prior to
ninety (90) days before the effective date of that year's
registration, the pro rate amount, based on
the unused portion of the multi-year registration plate
period at time of surrender, shall be
refunded. A multi-year semi-trailer registration may be
transferred to another semi-trailer subject
to the provisions and fee set forth in § 31-6-11. Thirty
percent (30%) of the semi-trailer
registration fee shall be retained by the division of motor
vehicles to defray the costs of
implementation of the international registration plan (IRP) and
fleet registration section.
(5)
For the registration of every automobile, motor truck, or tractor, when
equipped
with other than pneumatic tires, there shall be added to
the above gross weight fees a charge of
ten cents (10¢) for each one hundred (100) pounds of
gross weight.
(6)
For the registration of every public bus, the rates provided for motor vehicles
for
hire plus two dollars ($2) for each passenger which that
bus is rated to carry, the rating to be
determined by the administrator of the division of motor
vehicles.
(7)
For the registration of every motorcycle, or motor-driven cycle, thirteen
dollars
($13). Three dollars ($3) from that sum shall be turned over
to the department of education to
assist in the payment of the cost of the motorcycle driver's
education program as enumerated in §
31-10.1-1.1.
(8)
For the registration of every trailer not including semi-trailers used with a
truck-
tractor as defined in § 31-1-4(a), with a gross weight of
three thousand pounds (3,000 lbs.) or
less, five dollars ($5). Trailers with a gross weight of
more than three thousand pounds (3,000
lbs.) shall be assessed a
registration fee of one dollar and fifty cents ($1.50) per thousand pounds
(1,000 lbs.).
(9)
The annual registration fee for a motor vehicle, commonly described as a boxcar
and/or locomotive, and used only by la societe
des 40 hommes et 8 chevaux
for civic
demonstration, parades, convention purposes or social welfare work,
shall be two dollars ($2).
(10)
For the registration of every motor vehicle, trailer, or semi-trailer owned by
any
department or agency of any city or town or district, provided
the name of the city or town or
district or state department or agency owning the same shall
be plainly printed on two (2) sides of
the vehicle, two dollars ($2).
(11)
For the registration of motor vehicles used for racing, fifteen dollars ($15).
(12)
For every duplicate registration certificate, seventeen dollars ($17).
(13)
For every certified copy of a registration certificate or application, ten
dollars
($10).
(14)
For every certificate assigning a special identification number or mark as
provided
in § 31-3-37, one dollar ($1).
(15)
For every replacement of number plates or additional pair of number plates,
without changing the number, thirty dollars ($30).
(16)
For the registration of every farm vehicle, used in farming as provided in §
31-3-
31, ten dollars ($10).
(17)
For the registration of antique motor vehicles, five dollars ($5).
(18)
For the registration of a suburban vehicle, when used as a pleasure vehicle and
the
gross weight of which is not more than four thousand pounds
(4,000 lbs.), the same rates as
charged in subdivision (1) of this subsection shall be
applicable and when used as a commercial
vehicle and the gross weight of which is not more than four
thousand pounds (4,000 lbs.), the
same rates as provided in subdivision (2) of this
subsection shall be applicable. The rates in
subdivision (3) of this subsection shall be applicable when the
suburban vehicle has a gross
weight of more than four thousand pounds (4,000 lbs.),
regardless of the use of the vehicle.
(19)
For the registration of every motor bus which is used exclusively under
contract
with a political subdivision or school district of the
state for the transportation of school children,
three dollars ($3)
twenty-five dollars ($25) provided that the motor bus may also be used
for the
transportation of persons to and from church and Sunday school
services, and for the
transportation of children to and from educational or recreational
projects sponsored by a city or
town or by any association or organization supported
wholly or in part by public or private
donations for charitable purposes, without the payment of
additional registration fee.
(20)
For the registration of every motorized bicycle, ten dollars ($10).
(21)
For the registration of every motorized tricycle, ten dollars ($10).
(22)
For the replacement of number plates with a number change, twenty dollars
($20).
(23)
For the initial issuance and each reissuance of fully reflective plates as
required by
§§ 31-3-10 and 31-3-32, an
additional six dollars ($6).
(24)
For the issuance of a trip permit under the International Registration Plan,
twenty-
five dollars ($25) per vehicle. The division of motor
vehicles is authorized to issue seventy-two
(72) hour trip permits for
vehicles required to be registered in the International Registration Plan
that have not been apportioned with the state of
(25)
For the issuance of a hunter's permit under the International Registration
Plan,
twenty-five dollars ($25) per vehicle. The division of motor
vehicles is authorized to issue
hunter's permits for motor vehicles based in the state of
be registered in the International Registration Plan.
These permits are valid for thirty (30) days.
(26)
For the registration of a specially adapted motor vehicle necessary to
transport a
family member with a disability for personal, noncommercial
use, a fee of thirty dollars ($30)
assessed.
(b) In
the event that the registrant voluntarily cancels his registration within the
period
of registration, the division of motor vehicles shall
refund only that portion of the fee paid which
represents full-year segments of the registration fee paid.
SECTION 6. Sections 31-10-22 and 31-10-31 of the
General Laws in Chapter 31-10
entitled “Operators’ and Chauffeurs’ Licenses” are hereby
amended to read as follows:
31-10-22. Road test. -- All
applicants for a motor vehicle license shall pass a motor
vehicle road test as prescribed by the administrator of the
division of motor vehicles in a motor
vehicle supplied by the applicant or in a dual controlled
motor vehicle supplied by the state. In the
case of the examination for a chauffeur to operate a
truck, tractor, trailer, tractor semi-trailer, bus,
or other vehicle for hire or a person who will operate
only a vehicle equipped with automatic shift
or a person who is disabled and requires the use of a
specially equipped motor vehicle, those
persons shall be examined in vehicles furnished by them. At
the option of any person who is
disabled, the road test shall be administered by the local
office of the division of motor vehicles
nearest that person's home. A fee of twenty-five dollars
($25) shall be charged for all road tests,
including repeat road tests, following failure of a road test.
31-10-31. Fees.
-- The following fees shall be paid to the division of motor vehicles:
(1)
For every operator's first license to operate a motor vehicle, twenty-five
dollars
($25);
(2)
For every chauffeur's first license, twenty-five dollars ($25); provided, that
when a
two dollars ($2);
(3)
For every learner's permit to operate a motorcycle, twenty-five dollars ($25);
(4)
For every operator's first license to operate a motorcycle, twenty-five dollars
($25);
(5)
For every renewal of an operator's or chauffeur's license, thirty dollars
($30); with
the exception of any person seventy-five (75) years of age
or older for whom the renewal fee will
be eight dollars ($8);
(6)
For every duplicate operator's or chauffeur's license, twenty-five dollars
($25);
(7)
For every road test, other than the road test included in the first license
examination,
two dollars ($2);
(8)(7)
For every certified copy of any license, permit, or application issued under
this
chapter, ten dollars ($10);
(9)(8)
For every duplicate instruction permit, ten dollars ($10);
(10)(9)
For every first license examination, five dollars ($5);
(11)(10)
For every routine information update, i.e., name change or address change,
five dollars ($5).
(12)(11)
For surrender of an out-of-state license, in addition to the above fees, five
dollars ($5).
SECTION 7. Section 31-24-31 of the General Laws in Chapter
31-24 entitled “Lighting
Equipment and Reflectors”
is hereby amended to read as follows:
31-24-31. Flashing
lights -- Forward viewing or rotary beam lights. – (a) Flashing
lights
are prohibited, except on an authorized emergency
vehicle, school bus, snow removal equipment,
or on any vehicle as a means for indicating a right or
left turn. However, the requirements of §
31-24-33 shall be deemed to be satisfied if the vehicle
is equipped with lamps at the front
mounted at the same level, displaying simultaneously flashing
white or amber lights, and at the
rear mounted at the same level, and displaying
simultaneously flashing red lights, all of which
lights shall be visible from a distance of not less than
five hundred feet (500').
(b)
Forward viewing or rotating beam lights may be installed on and shall be
restricted
to the following categories of vehicles, and these
lights shall be of color designated:
(1)
Emergency response vehicles of any fire, rescue, or ambulance department, fire
chiefs, assistant fire chiefs, deputy chiefs, captains; any
privately owned vehicle of any authorized
volunteer member of a fire, rescue, or ambulance department;
emergency management agency
directors, assistant directors, assistant medical examiners
and/or forensic pathologists of the
office of state medical examiners; rescue vehicles,
emergency response vehicles of the
department of environmental management and the division of state
fire marshal; school buses;
hospital emergency response vehicles; and two (2) American Red
Cross disaster vehicles: Red,
white and/or alternating flashing white;
(2) Wrecker trucks,
service station trucks, state and town safety and maintenance
vehicles; snowplows and tractors; light company trucks,
telephone company trucks, water
company trucks, oil company trucks, and other utilities'
trucks; vehicles of television, radio and
press photographers; rural mail carriers; all
motor-propelled vehicles owned by the Northern
Rhode Island REACT (radio emergency associated citizens team); all motor-propelled vehicles
owned by or under contract to the
state business; and vehicles marking the beginning and end
of funeral processions: Amber,
provided, however, that wrecker and transportation vehicles
operated pursuant to a public utilities
commission license, and roadside assistance vehicles of any type
operated for that purpose by the
American Automobile Association shall be permitted to
use flashing amber lights at the front and
rear of the vehicle, to be activated only in the course of
providing assistance to or transportation
for a disabled vehicle. A fee of twenty-five dollars
($25) shall be charged for the issuance of a
flashing lights permit to every vehicle identified in this
subsection, with the exception of flashing
lights permits issued to state, town or fire district safety
and maintenance vehicles, which shall
not be charged a fee.
(3)
Police units, state and local: Center rotating beam lights: Blue or red;
Outboard
mounted lights: Blue or red.
(4)
Violations of this section are subject to fines enumerated in § 31-41.1-4.
SECTION 8. Section 42-28-37 of the General Laws in
Chapter 42-28 entitled “State
Police” is hereby amended
to read as follows:
42-28-37. Accident
reports – Fee. -- The state police, upon written request, shall furnish
to any person involved in an accident or his or her
legal representative a copy of the official state
police report of the investigation of the accident. A fee of
ten dollars ($10.00) fifteen dollars
($15.00)
shall accompany each written request. All fees collected pursuant to this
section shall be
deposited as general revenues.
SECTION 9. Section 23-17-38.1 of the General Laws in Chapter
23-17 entitled
“Licensing of Health Care
Facilities” is hereby amended to read as follows:
23-17-38.1.
Hospitals – Licensing fee. -- (a) There is also imposed a hospital licensing
fee at the rate of five and four hundred seventy-three
thousandths percent (5.473%) upon the net
patient services revenue of every hospital for the hospital's
first fiscal year ending on or after
January 1, 2007. This licensing fee shall be
administered and collected by the tax administrator,
division of taxation within the department of administration,
and all the administration, collection
and other provisions of chapter 50 and 51 of title 14
shall apply. Every hospital shall pay the
licensing fee to the tax administrator on or before July 13,
2009 and payments shall be made by
electronic transfer of monies to the general treasurer and
deposited to the general fund in
accordance with § 44-50-11. Every hospital shall, on or before
June 15, 2009, make a return to
the tax administrator containing the correct computation
of net patient services revenue for the
hospital fiscal year ending September 30, 2007, and the
licensing fee due upon that amount. All
returns shall be signed by the hospital's authorized
representative, subject to the pains and
penalties of perjury.
(b) (a) There is also imposed a hospital licensing fee at the
rate of five and two hundred
thirty-seven thousandths percent (5.237%) five and three hundred fourteen thousandths
percent
(5.314%)
upon the net patient services revenue of every hospital for the hospital's
first fiscal year
ending on or after January 1, 2008. This licensing fee shall
be administered and collected by the
tax administrator, division of taxation within the
department of administration, and all the
administration, collection and other provisions of chapter 50 and 51
of title 14 shall apply. Every
hospital shall pay the licensing fee to the tax administrator
on or before July 12, 2010 and
payments shall be made by electronic transfer of monies to the
general treasurer and deposited to
the general fund in accordance with § 44-50-11. Every
hospital shall, on or before June 14, 2010,
make a return to the tax administrator containing the
correct computation of net patient services
revenue for the hospital fiscal year ending September 30, 2007
2008, and the licensing fee due
upon that amount. All returns shall be signed by the
hospital's authorized representative, subject
to the pains and penalties of perjury.
(b) There is also
imposed a hospital licensing fee at the rate of five and four hundred
sixty-five thousandths percent (5.465%) upon the net patient
services revenue of every hospital
for the hospital's first fiscal year ending on or after
January 1, 2009. This licensing fee shall be
administered and collected by the tax administrator, division of
taxation within the department of
administration, and all the administration, collection and other
provisions of chapters 50 and 51 of
title 14 shall apply. Every hospital shall pay the
licensing fee to the tax administrator on or before
July 18, 2011 and payments shall be made by electronic
transfer of monies to the general
treasurer and deposited to the general fund in accordance with
§ 44-50-11. Every hospital shall,
on or before June 20, 2011, make a return to the tax
administrator containing the correct
computation of net patient services revenue for the hospital
fiscal year ending September 30,
2009, and the licensing fee due
upon that amount. All
returns shall be signed by the hospital's
authorized representative, subject to the pains and penalties of
perjury.
(c) For purposes of
this section the following words and phrases have the following
meanings:
(1)
"Hospital" means a person or governmental unit duly licensed in
accordance with
this chapter to establish, maintain, and operate a
hospital, except a hospital whose primary service
and primary bed inventory are psychiatric.
(2) "Gross patient
services revenue" means the gross revenue related to patient care
services.
(3) "Net patient
services revenue" means the charges related to patient care services less
(i) charges
attributable to charity care, (ii) bad debt expenses, and (iii) contractual
allowances.
(d) The tax
administrator shall make and promulgate any rules, regulations, and
procedures not inconsistent with state law and fiscal procedures
that he or she deems necessary
for the proper administration of this section and to
carry out the provisions, policy and purposes
of this section.
(e) The licensing fee
imposed by this section shall apply to hospitals as defined herein
which are duly licensed on July 1, 2010, and shall be in addition to the inspection fee imposed by
§ 23-17-38 and to any licensing fees previously
imposed in accordance with § 23-17-38.1.
SECTION 10. Section 39-1-62 of the General Laws in Chapter 39-1
entitled "Public
Utilities Commission"
is hereby amended to read as follows:
39-1-62.
E-911 Geographic Information System (GIS) and Technology Fund.
-- (a)
Preamble. - To allow the Rhode Island E-911 Emergency Telephone
System agency to associate
latitude and longitude coordinates provided by wireless
carriers with physical locations
throughout the state, the agency must establish and maintain a
GIS database of street addresses
and landmarks. The database will allow local emergency
response personnel to dispatch police,
fire and rescue personnel to a specific address or
landmark of a cellular caller in the event the
caller is unaware of his or her location, or is physically
unable to communicate it. Because more
than half of the 530,000 9-1-1 phone calls received in
2003 came from cellular phones, it is
critical that the GIS database be developed and maintained in
order to improve caller location
identification and reduce emergency personnel response times.
(b) Definitions. - As
used in this section, the following terms have the following
meanings:
(1) "System"
means Emergency 911 Uniform Telephone System.
(2) "Agency"
means Rhode Island 911 Emergency Telephone System.
(3)
"Division" means the Division of Public Utilities and Carriers.
(4) "GIS and
Technology Fund" means the programs and funding made available to the
Emergency 911 Uniform Telephone System to assist in
paying the costs of the GIS database
development project and GIS systems maintenance, which will
enable the system to locate
cellular phone callers by geocoding
all addresses and landmarks in cities and towns throughout
the state. GIS and Technology Fund also includes programs
and funding to create system
redundancy, fund the construction of a new E-911 facility, and
operate and maintain other state-
of-the-art equipment in public safety agencies.
(5) “Prepaid wireless
E911 telecommunications service” means a wireless
telecommunications service that allows a caller to dial 911 to access
the 911 system, which
service must be paid for in advance and is sold in
predetermined units or dollars of which the
number declines with use in a known amount.
(c) Purpose. - The
purpose of the GIS and Technology Fund shall be to:
(1) Implement and
maintain a geographic information system database to assist in
locating wireless phone callers for emergency purposes in a
manner consistent and in
coordination with the
of Planning as provided for in section 42-11-10(g)(3);
and
(2) Create system
redundancy to ensure the reliability of 9-1-1 service to the public;
(3) Operate and
maintain other state-of-the-art equipment in public safety agencies; and
(4) Fund the
construction of a new E-911 facility.
(d) Authority. - The
agency shall establish, by rule or regulation, an appropriate funding
mechanism to recover from the general body of ratepayers the
costs of funding GIS and
technology projects.
(1) The general
assembly shall determine the amount of a monthly surcharge to be levied
upon each wireless instrument, device or means including prepaid,
cellular, telephony, Internet,
Voice Over Internet Protocol
(VoIP), satellite, computer, radio, communication, data, or any
other wireless instrument, device or means that has access
to, connects with, interfaces with or is
capable of delivering two-way interactive communications
services to the Rhode Island E-911
Uniform Emergency Telephone System. Prepaid wireless E911 telecommunications services
shall
not be included in this act, but shall be governed by
chapter 21.2 of title 39. The agency
will
provide the general assembly with information and
recommendations regarding the necessary
level of funding to effectuate the purposes of this
article. The surcharge shall be billed monthly
by each wireless telecommunications services provider as
defined in section 39-21.1-3, which
shall not include prepaid wireless E911 telecommunications
service, and shall be payable to the
wireless telecommunications services provider by the
subscriber or prepaid service customer of
the telecommunications services. Each telecommunication
services provider shall establish a
special (escrow) account to which it shall deposit on a
monthly basis the amounts collected as a
surcharge under this section. The money collected by each
wireless telecommunication services
provider shall be transferred within sixty (60) days after its
inception of wireless, prepaid,
cellular, telephony, Voice Over Internet Protocol (VoIP),
satellite, computer, Internet, or
communications, information or data services in this state and every
month thereafter. Any
money not transferred in accordance with this paragraph
shall be assessed interest at the rate set
forth in section 44-1-7 from the date the money should have
been transferred. State, local and
quasi-governmental agencies shall be exempt from the surcharge. The surcharge
shall be
deposited in restricted receipt account, hereby created within
the agency and known as the GIS
and Technology Fund, to pay any and all costs associated
with the provisions of subsection (c).
Beginning July 1, 2007, the surcharge shall be
deposited in the general fund as general revenues
to pay any and all costs associated with the provisions
of subsection (c). The GIS and Technology
Fund restricted receipt account shall be terminated
June 30, 2008. The amount of the surcharge
under this section shall not exceed thirty-five cents
($.35) per wireless phone.
(2) The surcharge is
hereby determined to be twenty-six cents ($.26) per wireless phone,
prepaid, cellular,
telephony, Voice Over Internet Protocol (VoIP), satellite, computer, data or
data
only wireless lines or Internet communication or data
instrument, device or means which has
access to, connects with, activates or interfaces with or
any combination of the above with the
Rhode Island E-911 Uniform Emergency Telephone System
per month and shall be in addition to
the wireless surcharge charged under section 39-21.1-14.
The twenty-six cents ($.26) is to be
billed to all wireless telecommunication service providers,
subscribers or prepaid service
customers upon the inception of services.
(3) The amount of the
surcharge shall not be subject to the sales and use tax imposed
under chapter 18 of title 44 nor be included within the
gross earnings of the telecommunications
corporation providing telecommunications service for the purpose
of computing the tax under
chapter 13 of title 44.
(4) With respect to
prepaid wireless telecommunication service providers and customers,
and notwithstanding anything to the contrary contained in
this section, the surcharge shall be
collected and remitted to the division of taxation by the
prepaid wireless telecommunication
service provider under one of three (3) methods:
(i)
The prepaid wireless telecommunication service provider shall collect the
surcharge,
on a monthly basis, from each active prepaid wireless
telecommunication service customer whose
account balance is equal to or greater than the amount of the
service charge; or
(ii) The prepaid
wireless telecommunication service provider shall collect the surcharge,
on a monthly basis, at the point of sale; or
(iii) The prepaid
wireless telecommunication service provider shall divide the total
earned prepaid wireless telephone revenue received by the
prepaid wireless telecommunication
service provider within the monthly reporting period by fifty
dollars ($50.00), and multiply the
quotient by the amount of the surcharge.
The surcharge amount
or an equivalent number of air-time minutes may be reduced from
a prepaid wireless telecommunication service customer's
account when direct billing is not
possible.
(e) Administration. -
The division of taxation shall collect monthly from the wireless
telecommunications service providers as defined in section 39-21.1-3, and
which shall not include
prepaid wireless E911 telecommunications service, the amounts of the surcharge collected from
their subscribers or prepaid customers. The division
of taxation shall deposit such collections in
the general fund as general revenues for use in
developing and maintaining the geographic
information system database, creating system redundancy, funding
the construction of a new E-
911 facility and operating
and maintaining other state-of-the-art equipment for public safety
agencies. The agency is further authorized and encouraged to
seek matching funds from all local,
state, and federal public or private entities and shall
coordinate its activities and share all
information with the state Division of Planning.
(f) Effective date. -
The effective date of assessment for the GIS and Technology Fund
shall be July 1, 2004.
(g) Nothing in this
section shall be construed to constitute rate regulation of wireless
communications services carriers, nor shall this section be
construed to prohibit wireless
communications services carriers from charging subscribers for any
wireless service or feature.
(h) Except as otherwise
provided by law, the agency shall not use, disclose or otherwise
make available call location information for any purpose
other than as specified in subsection (c).
(i)
The attorney general shall, at the request of the E-911 uniform emergency
telephone
system division, or any other agency that may replace it, or
on its own initiative, commence
judicial proceedings in the superior court against any
telecommunication services provider as
defined in section 39-21.1-3(11) providing communication
services to enforce the provisions of
this chapter.
SECTION 11. Sections 39-21.1-3 and 39-21.1-14 of the General
Laws in Chapter 39-
21.1 entitled "911
Emergency Telephone Number Act" are hereby amended to read as follows:
39-21.1-3.
Definitions. -- As used in this chapter:
(1) "Automatic
location identification (ALI)" means the system capability to identify
automatically the geographical location of the telephone being used
by the caller and to provide a
display of the location information at a public safety
answering point.
(2) "Automatic
number identification (ANI)" means the system capability to identify
automatically the calling telephone number and to provide a display
of that number at a public
safety answering point.
(3)
"Communications common carrier" means any person, party, or entity
which
provides communications services for profit by way of wire or
radio. It includes re-sellers of
such services.
(4)
"Communications services" means the transmission of sounds, messages,
data,
information, codes, or signals between a point or points of
origin and a point or points of
reception.
(5) “Prepaid wireless
E911 telecommunications service” means a wireless
telecommunications service that allows a caller to dial 911 to access
the 911 system, which
service must be paid for in advance and is sold in
predetermined units or dollars of which the
number declines with use in a known amount.
(5)(6)
"Private safety agency" means a private entity which provides
emergency fire,
ambulance, or medical services.
(6)(7)
"Public agency" means the state government and any unit of local
government or
special purpose district located in whole or in part within
the state which provides or has authority
to provide firefighting, law enforcement, ambulance,
medical, or other emergency services.
(7)(8)
"Public safety agency" means a functional division of a public agency
which
provides firefighting, law enforcement, ambulance, medical, or
other emergency services.
(8)(9)
"Public safety answering point (PSAP)" means a communications
facility operated
on a twenty-four (24) hour basis, assigned
responsibility to transmit 911 calls to other public
safety agencies. It is the first point of reception of a 911
call by a public safety agency and serves
the entire state.
(9)(10)
"Relay method" means the method of responding to a telephone request
for
emergency service whereby a public safety answering point notes
pertinent information and
relays it by telephone to the appropriate public safety agency
or other provider of emergency
services for dispatch of an emergency service unit.
(10)(11)
"Selective call routing" means a feature that routes a 911 call from
a central
office to the designated public safety answering point based
upon the telephone number of the
calling party.
(11)(12)
"Telecommunication services provider", for purposes of this chapter
and of
chapter 21 of this title, means every person, party or entity
which provides communications
services, telephony services, voice or data transmission
services, and wireless prepaid services,
including, but not limited to: audio, print information, Voice
Over Internet Protocol (VoIP), data
or visual information, communication or transmission or
any combination thereof, for profit on a
subscription, wireless prepaid service, wireless prepaid telephone
calling arrangement or pay-for-
services or any other basis by means of landline local
telephone exchange, cellular telephone,
wireless communication, radio, telephony, Internet, data,
satellite, computer, prepaid wireless
telephone, Voice Over Internet Protocols (VoIP) instruments,
devices or means, or any other
communication or data instruments devices or means which have
access to, connect with, or
interface with the E 9-1-1 Uniform Emergency Telephone System.
Telecommunication service
provider includes "telephone common carrier,"
"communications common carrier," "telephone
companies," and "common carrier" as those terms
are used in this chapter and in chapter 21 of
this title, and "telecommunication common
carrier" as defined in the Code of Federal Regulations
at 47 CFR part 22, as amended from time to time and as
defined in the NENA Master Glossary of
9-1-1 Terminology as amended from time to time.
(12)(13)
"Telephone common carrier" means any person, party, or entity which
provides
communications services for profit between a point of origin and a
point of reception by way of a
land-line wire connection between the two (2) points. It includes
re-sellers of such services.
(13)(14)
"The 911 authority" means the agency of the state government in which
responsibility for administering the implementation and operation of
911 system is vested by the
general assembly.
(14)(15)
"Transfer method" means the method of responding to a telephone
request for
emergency service whereby a public safety answering point
transfers the call directly to the
appropriate public safety agency or other provider of emergency
service for dispatch of an
emergency service unit.
(15)(16)
"Telephone service provider" means every person, party or entity that
provides
telephone services to subscribers or wireless prepaid customers
including, but not limited to,
"telephone common
carrier" and "telecommunications service providers."
(16)(17)
"Telephony or Telephony Services Provider" (see "Telephone
Service
Provider").
(17)(18)
"Voice Over Internet Protocol (VoIP)"
provides distinct packetized voice or
data information in digital format using the Internet
Protocol.
39-21.1-14.
Funding. -- (a) A monthly surcharge of one dollar
($1.00) is hereby levied
upon each residence and business telephone line or trunk
or path and data, telephony, Internet,
Voice Over Internet Protocol
(VoIP) wireline, line, trunk or path in the state
including PBX
trunks and centrex equivalent
trunks and each line or trunk serving, and upon each user interface
number or extension number or similarly identifiable line,
trunk, or path to or from a digital
network (such as, but not exclusive of, integrated services
digital network (ISDN), Flexpath or
comparable digital private branch exchange, or connecting to or
from a customer-based or
dedicated telephone switch site (such as, but not exclusive of,
a private branch exchange (PBX)),
or connecting to or from a customer-based or dedicated
central office (such as, but not exclusive
of, a centrex system but
exclusive of trunks and lines provided to wireless communication
companies) that can access to, connect with or interface with
the Rhode Island E-911 Uniform
Emergency Telephone System (RI
E-911). The surcharge shall be
billed by each
telecommunication services provider at the inception of services and
shall be payable to the
telecommunication services provider by the subscriber of the services.
A monthly surcharge of
one dollar ($1.00) is hereby levied effective July 1,
2002, on each wireless instrument, device or
means including prepaid, cellular, telephony, Internet,
Voice Over Internet Protocol (VoIP),
satellite, computer, radio, communication, data or data only
wireless lines or any other wireless
instrument, device or means which has access to, connects with,
or activates or interfaces or any
combination thereof with the E 9-1-1 Uniform Emergency Telephone
System. The surcharge
shall be in addition to the surcharge collected under
section 39-1-62 and shall be billed by each
telecommunication services provider and shall be payable to the
telecommunication services
provider by the subscriber or prepaid services customer.
Prepaid wireless telecommunications
services shall not be included in this act, but shall be
governed by chapter 21.2 of title 39.
The E-
911 Uniform Emergency Telephone System shall
establish, by rule or regulation an appropriate
funding mechanism to recover from the general body of
ratepayers this surcharge.
(b) The amount of the
surcharge shall not be subject to the tax imposed under chapter 18
of title 44 nor be included within the telephone common
carrier's gross earnings for the purpose
of computing the tax under chapter 13 of title 44.
(c) Each telephone
common carrier and each telecommunication services provider shall
establish a special account to which it shall deposit on a
monthly basis the amounts collected as a
surcharge under this section.
(d) The money collected
by each telecommunication services provider shall be
transferred within sixty (60) days after its inception of wireline, wireless, prepaid, cellular,
telephony, Voice Over Internet Protocol (VoIP), satellite,
computer, Internet, or communications
services in this state and every month thereafter, to the
division of taxation, together with the
accrued interest and shall be deposited in the general fund
as general revenue. Any money not
transferred in accordance with this paragraph shall be assessed
interest at the rate set forth in
section 44-1-7 from the date the money should have been
transferred.
(e) Every billed
subscriber-user shall be liable for any surcharge imposed under this
section until it has been paid to the telephone common
carrier or telecommunication services
provider. Any surcharge shall be added to and may be stated
separately in the billing by the
telephone common carrier or telecommunication services provider
and shall be collected by the
telephone common carrier or telecommunication services
provider.
(f) Each telephone
common carrier and telecommunication services provider shall
annually provide the E 9-1-1 uniform emergency telephone
system division or any other agency
that may replace it, with a list of amounts uncollected
together with the names and addresses of
its subscriber-users who can be determined by the
telephone common carrier or
telecommunication services provider to have not paid the surcharge.
(g) Included within,
but not limited to, the purposes for which the money collected may
be used are rent, lease, purchase, improve, construct,
maintenance, repair, and utilities for the
equipment and site or sites occupied by the E 9-1-1 uniform
emergency telephone system;
salaries, benefits, and other associated personnel costs;
acquisition, upgrade or modification of
PSAP equipment to be capable of receiving E 9-1-1
information, including necessary computer
hardware, software, and data base provisioning, addressing,
and non-recurring costs of
establishing emergency services; network development, operation
and maintenance; data-base
development, operation, and maintenance; on-premise equipment
maintenance and operation;
training emergency service personnel regarding use of E 9-1-1;
educating consumers regarding
the operations, limitations, role and responsible use of
E 9-1-1; reimbursement to telephone
common carriers or telecommunication services providers of
rates or recurring costs associated
with any services, operation, administration or
maintenance of E 9-1-1 services as approved by
the division; reimbursement to telecommunication services
providers or telephone common
carriers of other costs associated with providing E 9-1-1
services, including the cost of the design,
development, and implementation of equipment or software
necessary to provide E 9-1-1 service
information to PSAP's, as approved by
the division.
(h) [Deleted by P.L.
2000, ch. 55, art. 28, section 1.]
(i)
Nothing in this section shall be construed to constitute rate regulation of
wireless
communication services carriers, nor shall this section be
construed to prohibit wireless
communication services carriers from charging subscribers for any
wireless service or feature.
(j) [Deleted by P.L.
2006, ch. 246, art. 4, section 1].
SECTION 12. Title 39 of the General Laws entitled
"PUBLIC UTILITIES AND
CARRIERS" is hereby
amended by adding thereto the following chapter:
CHAPTER
21.2
PREPAID
WIRELESS E911 CHARGE ACT
39-21.2-1.
Short title. – This act may be cited as the
“Prepaid Wireless E911 Charge Act
of 2010.”
39-21.2-2.
Findings. – The legislature finds that:
(1) Maintaining
effective and efficient 911 systems across the state benefits all citizens;
(2) 911 fees imposed
upon the consumers of telecommunications services that have the
ability to dial 911 are an important funding mechanism to
assist state and local governments with
the deployment of enhanced 911 services to the citizens
of this state;
(3) Prepaid wireless
telecommunication services are an important segment of the
telecommunications industry and have proven particularly attractive to
low-income, low-volume
consumers;
(4) Unlike
traditional telecommunications services, prepaid wireless telecommunications
services are not sold or used pursuant to term contracts or
subscriptions, and monthly bill are not
sent to consumers by prepaid wireless telecommunication
services providers or retail vendors;
(5) Prepaid wireless
consumers have the same access to emergency 911 services from
their wireless devices as wireless consumers on term
contracts, and prepaid wireless consumers
benefit from the ability to access the 911 system by dialing
911;
(6) Consumers
purchase prepaid wireless telecommunication services at a wide variety of
general retail locations and other distribution channels, not
just through service providers;
(7) Such purchases
are made on a “cash-and-carry” or “pay-as-you-go” basis from
retailers; and
(8) To ensure
equitable contributions to the funding 911 systems from consumers of
prepaid wireless telecommunication services, the collection
and payment obligation of charges to
support E911 should be imposed upon the consumer’s retail
purchase of the prepaid wireless
telecommunication service and should be in the form of single,
statewide charge that is collected
once at the time of purchase directly from the consumer,
remitted to the state, and distributed to
E911 authorities pursuant to
state law.
39-21.2-3.
Definitions. – For purposes of this act, the
following terms shall have the
following meanings:
(1) “Consumer” means
a person who purchase prepaid wireless telecommunications
service in a retail transaction.
(2) “Division” means
the division of taxation.
(3) “Prepaid wireless
E911 charge” means the charge that is required to be collected by a
seller from a consumer in the amount established under
section 4 of this act.
(4) “Prepaid wireless
telecommunications service” means a wireless telecommunications
service that allows a caller to dial 911 to access the 911
system, which service must be paid for in
advance and is sold in predetermined units or dollars of
which the number declines with use in a
known amount.
(5) “Provider” means
a person that provides prepaid wireless telecommunications service
pursuant to a license issued by the Federal Communications
Commission.
(6) “Retail
transaction” means the purchase of prepaid wireless telecommunications
service from a seller for any purpose other than resale.
(7) “Seller” means a
person who sells prepaid wireless telecommunications service to
another person.
(8) “Wireless
telecommunications service” means commercial mobile radio service as
defined by section 20.3 of title 47 of the code of Federal
Regulations, as amended.
39-21.2-4.
Collection and remittance of E911 charge. – (a) Amount of charge. The
prepaid wireless E911 charge is hereby levied at the rate of
two and one-half percent (2.5%) per
retail transaction or, on and after the effective date of an
adjusted amount per retail transaction
that is established under subsection (f) of this section,
such adjusted amount.
(b) Collection of
charge. The prepaid wireless E911 charge shall be collected by the
seller from the consumer with respect to each retail
transaction occurring in this state. The
amount of the prepaid wireless E911 charge shall be either
separately stated on an invoice,
receipt, or other similar document that is provided to the
consumer by the seller, or otherwise
disclosed to the consumer.
(c) Application of
charge. For purposes of subsection (b) of this section, a retail
transaction that is effected in person by a consumer at a
business location of the seller shall be
treated as occurring in this state if that business location
is in this state, and any other retail
transaction shall be treated as occurring in this state if the
retail transaction is treated as occurring
in this state for purposes of chapter 18 of title 44 of
the general laws.
(d) Liability for
charge. The prepaid wireless E911 charge is the liability of the consumer
and not of the seller or of any provider, except that the
seller shall be liable to remit all prepaid
wireless E911 charges that the seller collects from consumers
as provided in section 39-21.2-5,
including all such charges that the seller is deemed to collect
where the amount of the charge has
not been separately stated on an invoice, receipt, or
other similar document provided to the
consumer by the seller.
(e) Exclusion of E911
charge from base of other taxes and fees. The amount of the
prepaid wireless E911 charge that is collected by a seller
from a consumer, if such amount is
separately stated on an invoice, receipt, or other similar
document provided to the consumer by
the seller, shall not be included in the base for
measuring any tax, fee, surcharge, or other charge
that is imposed by this state, any political subdivision
of this state, or any intergovernmental
agency, including, but not limited to, the tax imposed under
chapter 18 of title 44 nor be included
within the telephone common carrier’s gross earnings for the
purpose of computing the tax under
chapter 13 of title 44.
(f) Re-setting of
charge. The prepaid wireless E911 charge shall be proportionately
increased or reduced, as applicable, upon any change to the
state E911 charge on postpaid
wireless telecommunications service under section 39-21.1-14
or subdivision 39-1-62(d)(2). The
adjusted amount shall be determined by dividing the sum of the
surcharges imposed under section
39-21.1-14 and subdivision 39-1-62(d)(2)
by fifty dollars ($50.00). Such increase or reduction
shall be effective on the effective date of the change to
the postpaid charge or, if later, the first
day of the first calendar month to occur at least sixty
(60) days after the enactment of the change
to the postpaid charge. The division shall provide not
less than thirty (30) days of advance notice
of such increase or reduction on the division’s website.
(g) Bundled transactions. When prepaid wireless telecommunications
service is sold with
one or more other products or services for a single,
non-itemized price, then the percentage
specified in subsection (a) of this section shall apply to the
entire non-itemized prices unless the
seller elects to apply such percentage (1) If the amount of
prepaid wireless telecommunications
service is disclosed to the consumer as a dollar amount, such
dollar amount, or (2) If the retailer
can identify the portion of the price that is attributable
to the prepaid wireless telecommunications
service, by reasonable and verifiable standards from its
books and records that are kept in the
regular course of business for other purposes, including, but
not limited to, non-tax purposes,
such portion.
However,
if a minimal amount of prepaid wireless telecommunications service is sold
with a prepaid wireless device for a single, non-itemized
price, then the seller may elect not to
apply the percentage specified in subsection (a) of this
section to such transaction. For purposes
of this paragraph, an amount of service denominated as
ten (10) minutes or less, or five dollars
($5.00) or less, is
minimal.
39-21.2-5.
Administration of E911 charge. – (a) Time and manner of payment.
Prepaid
wireless E911 charges collected by sellers shall be remitted
to the division at the times and in the
manner provided by the streamlined sales and use tax as
described in 44-18.1-34. The division
shall establish registration and payment procedures that
substantially coincide with the
registration and payment procedures that apply to the streamlined
sales and use tax.
(b) Seller
administrative deduction. A seller shall be permitted to deduct and retain one
percent (1%) of prepaid wireless E911 charges that are
collected by the seller from consumers.
(c) Audit and appeal
procedures. The audit and appeal procedures applicable to sales and
use tax under section 44-19-18 of the general laws shall
apply to prepaid wireless E911 charges.
(d) Exemption
documentation. The division shall establish procedures by which a seller
of prepaid wireless telecommunications service may
document that a sale is not a retail
transaction, which procedures shall substantially coincide with
the procedures form documenting
sale for resale transactions for sales tax purposes under
section 44-19-18 of the general laws.
(e) All fees
collected pursuant to this section shall be deposited as general revenues.
39-21.2-6.
Liability. – No liability regarding 911 service. No provider or seller of
prepaid wireless telecommunications service shall be liable
for damages to any person resulting
from or incurred in connection with the provision of, or
failure to provide, 911 or E911 service, or
for identifying, or failing to identify, the telephone
number, address, location, or name associated
with any person or device that is accessing or attempting
to access 911 or E911 service.
39-21.2-7.
Exclusivity of prepaid wireless E911 charge. – The prepaid wireless
E911
charge imposed by this act shall be the only E911 funding
obligation imposed with respect to
prepaid wireless telecommunications service in this state,
and no tax, fee, surcharge, or other
charge shall be imposed by this state, any political subdivision
of this state, or any
intergovernmental agency, for E911 funding purposes, upon any provider,
sellers, or consumer
with respect to the sale, purchase, use, or provision of
prepaid wireless telecommunications
service.
SECTION 13. Section 42-14.1-1 of the General Laws in Chapter
42-14.1 entitled
"Department of
Business Regulation - Medical Malpractice Insurance" is hereby amended to
read
as follows:
42-14.1-1. Finding
required. -- Upon a finding by the director of business regulation
that a competitive, stable market for medical malpractice
insurance is lacking in the state of
welfare of the people of the state of
regulation addressed to the solution of the problem which may
encompass among others, the
following provisions:
(a) Creation of a joint
underwriting association consisting of all insurers authorized to
write, within this state on a direct basis, personal injury
liability insurance as defined in section
27-9-2, including insurers covering
these perils in multiple peril package policies. Every insurer
shall be a member of the association and shall remain a
member as a condition of its authority to
continue to transact these kinds of insurance in this state.
(b) To effectuate the
purpose of the association which is to provide a market for
medical
malpractice insurance on a self-supporting basis, the association
shall be authorized to issue
policies of medical malpractice and incidental liability
insurance to physicians, hospitals, and
other health care providers, but need not be the exclusive
agency through which this insurance
may be written on a primary basis in this state.
(c) Policies issued by
the association shall be subject to a group retrospective rating plan
to be approved by the director of business regulation
and shall be calculated to be self-supporting.
(d) The creation and
administration of a stabilization reserve fund and initial
policyholder contribution to the fund. The purpose of the fund
shall be the discharge when due of
any retrospective premium charges payable by
policyholders of the association under the group
retrospective rating plan authorized by regulation. Any monies
remaining in the fund after all
retrospective premium charges have been paid shall be returned to
policyholders.
(e) Upon certification by
the association to the director that the estimated amount of any
deficit remaining after the stabilization reserve fund has
been exhausted in payment of the
maximum final premium for all policyholders of the
association, the director shall authorize
members of the association to commence recoupment by one of
the following procedures:
(1) Applying a
surcharge to be determined by the association at a rate not to exceed one
percent (1%) of the annual premiums on future policies
affording those kinds of insurance which
form the basis for their participation in the association,
under procedures established by the
association; or
(2) Deducting their
share of the deficit from past or future taxes due the state of Rhode
Island.
(f) Organization of a
plan of operation, use of policies written on a "claim made" or
"occurrence" basis,
participation of members of the association and all other powers necessary to
effectuate the purposes of the regulation.
(g) Any joint
underwriting association created pursuant to the authority granted in this
chapter shall be exempt from taxation on gross premiums
and stabilization reserve funds received
for medical malpractice insurance as provided for in
section 44-17-1. This provision shall be
applied retroactively to June 16, 1975, but in no way shall
allow an exemption from taxation for
premiums received other than for medical malpractice insurance pay an annual tax to the tax
administrator of two percent (2%) of the gross premiums on
contracts of insurance.
(h) Any joint
underwriting association created pursuant to the authority granted in this
chapter (including the related stabilization reserve fund)
shall be an integral part of the state
government, and its activities shall constitute the performance
of an essential governmental
function of the state of
1975.
SECTION 14. Section 44-17-1 of the General Laws in Chapter
44-17 entitled "Taxation
of Insurance Companies" is hereby amended to read
as follows:
44-17-1. Companies
required to file -- Payment of tax -- Retaliatory
rates. -- (a)
Every domestic, foreign, or alien insurance company,
mutual association, organization, or other
insurer, including any health maintenance organization, as
defined in section 27-41-1, any
medical malpractice insurance joint underwriters association
as defined in section 42-14.1-1, any
nonprofit dental service corporation as defined in section
27-20.1-2 and any nonprofit hospital or
medical service corporation, as defined in chapters 27-19 and
27-20, except companies mentioned
in section 44-17-6, and organizations defined in section
27-25-1, transacting business in this state,
shall, on or before March 1 in each year, file with the tax
administrator, in the form that he or she
may prescribe, a return under oath or affirmation signed
by a duly authorized officer or agent of
the company, containing information that may be deemed
necessary for the determination of the
tax imposed by this chapter, and shall at the same time
pay an annual tax to the tax administrator
of two percent (2%) of the gross premiums on contracts
of insurance, except:
Ocean marine insurance,
as referred to in section 44-17-6, covering property and risks
within the state, written during the calendar year ending
December 31st next preceding, but in the
case of foreign or alien companies, except as provided in
section 27-2-17(d) the tax is not less in
amount than is imposed by the laws of the state or country
under which the companies are
organized upon like companies incorporated in this state or
upon its agents, if doing business to
the same extent in the state or country.
SECTION 15. Section 27-3-38 of the General Laws in Chapter 27-3
entitled "Agents,
Brokers, and Solicitors" is hereby amended to read as
follows:
27-3-38. Surplus
line brokers -- License -- Affidavit of inability to obtain insurance -
- -- Reports and records --
Premium tax -- Notice to purchasers. -- (a) The insurance
commissioner may issue a surplus line broker's license to any
person who or which is licensed as
a property and casualty insurance producer in this
state, authorizing the licensee to procure,
subject to the restrictions provided in this section,
policies of insurance, except life and health and
accident, from insurers which are on the commissioner's list
of approved surplus insurers in this
state. This license may be suspended or revoked by the
insurance commissioner whenever, in the
commissioner's judgment, a suspension or revocation will best
promote the interest of the people
of this state. Before any license is issued by the
insurance commissioner and before each renewal
of a license, there shall be filed in his or her office
a written application by the person desiring the
license in the form or forms and supplements to the form, and
containing any information, that
the insurance commissioner may prescribe.
(b) A
obtain a surplus line broker license. Application shall be
made using the uniform business entity
application. Prior to approving the application, the commissioner
shall find both of the following:
(1) The business entity
has paid the appropriate fees.
(2) The business entity
has designated a licensed surplus line broker responsible for the
business entity's compliance with the insurance laws and rules
of this state.
(c) When any policy of
insurance is procured under the authority of that license, there
shall be executed, both by the licensee and by the insured,
affidavits setting forth facts showing
that the insured or a licensed
from no less than three (3) authorized insurers the full
amount of insurance required to protect the
property owned or controlled by the insured or the risks
insured. Provided, however the
aforementioned affidavit shall not be required when insuring the
following interest: amusement
parks and devices, environmental improvement and/or
remediation sites, vacant property or
property under renovation, demolition operations, event
cancellation due to weather, railroad
liability, discontinued products, fireworks and pyrotechnics,
warehouseman's legal liability,
excess property coverage, and contingent liability. For
purposes of this section, residual market
mechanisms shall not be considered authorized insurers. Prior to
renewing, continuing, or
extending any policy, the licensed surplus line broker must
confirm that the insurer is on the
insurance commissioner's list of approval surplus line insurers
in this state.
(d) The licensee shall
keep a complete and separate record of all policies procured from
approved surplus lines insurers under the license and these
records shall be open to the
examination of both the insurance commissioner and tax
administrator at all reasonable times,
and shall show the exact amount of each kind of insurance
permitted under this section which has
been procured for each insured, the gross premiums charged
by the insurers for each kind of
insurance permitted under this section which were returned to
each insured, the name of the
insurer or insurers which issued each of these policies, the
effective dates of these policies, and
the terms for which these policies were issued. The
licensee shall file a yearly report with the
insurance commissioner on a form prescribed by the insurance
commissioner showing the
business procured under the surplus line license for the
preceding calendar year, and the report
shall be due annually on or before April 1.
(e) Every person, firm,
or corporation licensed pursuant to the provisions of this section
shall file with the insurance commissioner, at the time of
the insurance producer license renewal,
sufficient information as determined by the insurance
commissioner whether a licensee or a
person acting on the licensee's behalf, has paid to the tax
administrator, for all policies procured
by the licensee pursuant to the license during the next
preceding calendar year, a tax, computed at
the rate of three percent (3%) four percent
(4%) on the gross premiums charged the insured by the
insurers, less the amount of premiums returned to the insured.
(f) Every application
form for insurance from a surplus lines insurer, every affidavit
form executed by the insured, and every policy (on its
front and declaration pages) issued by the
surplus lines insurer, shall contain in ten (10) point type
the following notice:
NOTICE
THIS INSURANCE CONTRACT
HAS BEEN PLACED WITH AN INSURER NOT
LICENSED TO DO BUSINESS IN THE STATE OF
A SURPLUS LINES INSURER. THE INSURER IS NOT A MEMBER OF THE RHODE
ISLAND INSURERS INSOLVENCY FUND. SHOULD THE INSURER BECOME
INSOLVENT, THE PROTECTION AND BENEFITS OF THE RHODE
INSOLVENCY FUND ARE NOT
AVAILABLE.
SECTION 16. Section 9 of this article shall take effect upon
passage. Sections 10, 11,
and 12 shall take effect on August 1, 2010. Sections 13
and 14 shall take effect on January 1,
2011. The remainder of this
article shall take effect on July 1, 2010.