Chapter 363
2011 -- H 5448 SUBSTITUTE A
Enacted 07/13/11
A N A C T
RELATING TO
STATUTES AND STATUTORY CONSTRUCTION
Introduced By: Representatives Mattiello, and Watson
Date Introduced: February 16, 2011
It is enacted by the General
Assembly as follows:
SECTION
1. Section 12-7-20 of the General Laws in Chapter 12-7 entitled
"Arrest" is
hereby amended to read as
follows:
12-7-20. Right to
use telephone for call to attorney -- Bail bondsperson. -- Any person
arrested under the provisions of this chapter shall be
afforded, as soon after being detained as
practicable, not to exceed one hour from the time of
detention, the opportunity to make use of a
telephone for the purpose of securing an attorney or
arranging for bail; provided, that whenever a
person who has been detained for an alleged violation
of the law relating to drunk driving must be
immediately transported to a medical facility for
treatment, he or she shall be afforded the use of
a telephone as soon as practicable, which may not
exceed one hour from the time of detention.
The telephone calls afforded by this section shall be
carried out in such a manner as to provide
confidentiality between the arrestee and the recipient
of the call.
SECTION
2. Section 44-34.1-1 of the General Laws in Chapter 44-34.1 entitled
"Motor
Vehicle and Trailer Excise
Tax Elimination Act of 1998" is hereby amended to read as follows:
44-34.1-1. Excise
tax phase-out. -- (a) (1) Notwithstanding the provisions of chapter 34
of this title or any other provisions to the contrary,
the motor vehicle and trailer excise tax
established by section 44-34-1 may be phased out. The
phase-out shall apply to all motor vehicles
and trailers, including leased vehicles. (2) Lessors of vehicles that pay excise taxes directly to
municipalities shall provide lessees, at the time of
entering into the lease agreement, an estimate
of annual excise taxes payable throughout the term of
the lease. In the event the actual excise tax
is less than the estimated excise tax, the lessor shall annually rebate to the lessee the difference
between the actual excise tax and the estimated excise
tax.
(b) Pursuant to the
provisions of this section, all motor vehicles shall be assessed a value
by the vehicle value commission. That value shall be
assessed according to the provisions of
section 44-34-11(c)(1) and in accordance with the
terms as defined in subsection (d) of this
section; provided, however, that the maximum taxable
value percentage applicable to model year
values as of December 31, 1997, shall continue to be
applicable in future year valuations aged by
one year in each succeeding year.
(c) (1) The motor
vehicle excise tax phase-out shall commence with the excise tax bills
mailed to taxpayers for the fiscal year 2000. The
phase-out, beyond fiscal year 2003, shall be
subject to annual review and appropriation by the
general assembly. The tax assessors of the
various cities and towns and fire districts shall
reduce the average retail value of each vehicle
assessed by using the prorated exemptions from the
following table:
Exempt from value Local
Exemption Reimbursement
fiscal year 1999 0
$1,500
fiscal year 2000 $1,500
$2,500
fiscal year 2001 $2,500
$3,500
fiscal year 2002 $3,500
$4,500
fiscal years 2003, 2004
and 2005 $4,500 $4,500
for fiscal year 2006
$5,000 $5,000
for fiscal year 2007
$6,000 $6,000
for fiscal year 2008,
2009 and 2010 the exemption and the state fiscal year reimbursement shall
be increased, at a minimum, to the maximum amount to
the nearest two hundred and fifty dollar
($250) increment within the allocation of one and
twenty-two hundredths percent (l.22%) of net
terminal income derived from video lottery games
pursuant to the provisions of section 42-61-15,
and in no event shall the exemption in any fiscal year
be less than the prior fiscal year.
for fiscal year 2011 and
thereafter, the exemption shall be five hundred dollars ($500).
Cities and towns may provide an additional exemption of
five thousand five hundred dollars
($5,500) or more; provided, however, any such additional exemption shall not be subject
to
reimbursement.
(2) The excise tax
phase-out shall provide levels of assessed value reductions until the tax
is eliminated or reduced as provided in this chapter.
(3) Current exemptions
shall remain in effect as provided in this chapter.
(4) The excise tax rates
and ratios of assessment shall be maintained at a level identical to
the level in effect for fiscal year 1998 for each
city, town, and fire district; provided, in the town
of
the level in effect for fiscal year 1999 levels and
the levy of a city, town, or fire district shall be
limited to the lesser of the maximum taxable value or
net assessed value for purposes of
collecting the tax in any given year. Provided,
however, for fiscal year 2011 and thereafter, the
rates and ratios of assessment may be less than but
not more than the rates described in this
subsection (4).
(d) Definitions.
(1) "Maximum
taxable value" means the value of vehicles as prescribed by section 44-34-
11 reduced by the percentage of assessed value
applicable to model year values as determined by
the
the commission as of December 31, 1997. For all
vehicle value types not valued by the Rhode
Island vehicle value commission as of December 31,
1997, the maximum taxable value shall be
the latest value determined by a local assessor from
an appropriate pricing guide, multiplied by
the ratio of assessment used by that city, town, or
fire district for a particular model year as of
December 31, 1997.
(2) "Net assessed
value" means the motor vehicle values as determined in accordance
with section 44-34-11 less all personal exemptions
allowed by cities, towns, fire districts, and the
state of
(e) If any provision of
this chapter shall be held invalid by any court of competent
jurisdiction, the remainder of this chapter and the
applications of the provisions hereof shall not
be effected thereby.
SECTION
3. Section 45-9-3 of the General Laws in Chapter 45-9 entitled "Budget
Commissions" is hereby
amended to read as follows:
45-9-3.
Appointment and duties of fiscal overseer. -- (a) Upon joint request by
a city's
or town's elected chief executive officer and city or
town council, which request is approved by
the division of municipal finance and the auditor
general, or in absence of such a request, in the
event that the director of revenue, in consultation
with the auditor general, makes any two (2) or
more of the findings set forth in subsection (b), the
director of revenue may appoint a fiscal
overseer for the city or town to assess the ability of
the city or town government to manage the
city's or town's fiscal challenges.
(b) The director of
revenue may appoint a fiscal overseer if the director finds in his or
her sole discretion that any two (2) of the following
events have occurred which are of such a
magnitude that they threaten the fiscal well-being of
the city or town, diminishing the city or
town's ability to provide for the public safety or
welfare of the citizens of the city or town:
(1) The city or town
projects a deficit in the municipal budget in the current fiscal year
and again in the upcoming fiscal year;
(2) The city or town
has not filed its audits with the auditor general by the deadlines
required by law for two (2) successive fiscal years
(not including extensions authorized by the
auditor general);
(3) The city or town
has been downgraded by one of the nationally recognized statistical
rating organizations;
(4) The city or town is
otherwise unable to obtain access to credit markets on reasonable
terms in the sole judgment of the director of revenue.
(5) The city or town
does not promptly respond to requests made by the director of
revenue, or the auditor general, or the chairpersons
of the house and/or senate finance committees
for financial information and operating data necessary
to assess the fiscal condition of the city or
town in the sole judgment of the director of revenue.
(c) The director of
revenue may also appoint a fiscal overseer if a city or town fails to
comply with the requirements of sections 45-12-22.1 --
45-12-22.5 of the general laws.
(d) The fiscal overseer
shall without limitation:
(1) Recommend to the
elected chief executive officer, city or town council and school
committee sound fiscal policies for implementation;
(2) Supervise all
financial services and activities;
(3) Advise the
assessors, director of finance, city or town treasurer, purchasing agent and
employees performing similar duties but with different
titles;
(4) Provide assistance
in all matters related to municipal financial affairs;
(5) Assist in
development and preparation of the municipal budget, all department
budgets and spending plans;
(6) Review all proposed
contracts and obligations;
(7) Monitor the
expenditures of all funds;
(8) Approve the annual
or supplemental municipal budgets of the city or town and all of
its departments; and
(9) Report monthly to the
director of revenue, the auditor general, the governor and the
chairpersons of the house finance and senate finance
committees on the progress made towards
reducing the municipality's deficit and otherwise
attaining fiscal stability.
(e) All department
budgets and requests for municipal budget transfers shall be
submitted to the fiscal overseer for review and
approval.
(f) The city or town
shall annually appropriate amounts sufficient for the proper
administration of the fiscal overseer and staff, as
determined in writing by the division of
municipal finance. If the city or town fails to
appropriate such amounts, the division of municipal
finance shall direct the general treasurer to deduct
the necessary funds from the city's or town's
distribution of state aid and shall expend those funds
directly for the benefit of the fiscal overseer
and staff.
(g) Within one hundred
twenty (120) days of being appointed by the director of revenue,
the fiscal overseer shall develop a three (3)-year
operating and capital financial plan to achieve
fiscal stability in the city or town. The plan shall
include a preliminary analysis of the city's or
town's financial situation and the fiscal overseer's
initial recommendations to immediately begin
to address the city's or town's operating and
structural deficits. The fiscal overseer shall have the
power to compel operational, performance or forensic
audits, or any other similar assessments.
The fiscal overseer shall have the power, at the
expense of the city or town, to employ, retain,
supervise such managerial, professional and clerical
staff as are necessary to carry out the
responsibility of fiscal overseer, subject to the
approval of the division of municipal finance;
provided, however, that the fiscal overseer shall not
be subject to chapter 37-2 of or chapter 45-55
of the general laws in employing such staff.
SECTION
4. Section 27-29-1 of the General Laws in Chapter 27-29 entitled "Unfair
Competition and
Practices" is hereby amended to read as follows:
27-29-1.
Declaration of purpose. -- The purpose of this chapter is to regulate
trade
practices in the business of insurance in accordance
with the intent of Congress as expressed in 15
U.S.C. section 1101 1011 et seq., by defining,
or providing for the determination of, all trade
practices in this state which constitute unfair
methods of competition or unfair or deceptive acts
or practices, and by prohibiting the trade practices
so defined or determined. Nothing in this
chapter shall be construed to create or imply a
private cause of action for a violation of this
chapter.
SECTION
5. Section 33-7-5 of the General Laws in Chapter 33-7 entitled "Custody
and
Probate of Wills" is
hereby amended to read as follows:
33-7-5. Duty of
person in possession of will to deliver into court. – (a) Every
person,
other than a probate clerk, who has custody of a will
shall, within thirty (30) days after notice of
the death of the testator, deliver the will into the
probate court which has jurisdiction of the
probate thereof, or to the executors named in the
will, who shall themselves deliver it into court
within thirty (30) days after they receive the will;
and if any executor or other person neglects,
without reasonable cause, to deliver a will, after
being duly cited for that purpose by the court, he
or she may be adjudged to be in contempt and may be
committed therefor to the adult
correctional institutions and shall remain there until
he or she delivers the will to the court; and he
or she shall be further liable, to any party
aggrieved, for the damage sustained by reason of the
neglect.
(b) Provided
further, that a fiduciary nominated in a will may deliver such will to the
probate court with an affidavit containing the
following information, representations, and
documentation:
(a)(1)
The date of death of the decedent accompanied by a certified copy of the
decedent's death certificate;
(b)(2) A
representative that the funeral bill of the decedent has been paid, accompanied
by a receipt therefor;
(c)(3)
The names and addresses of the heirs-at-law of the decedent at the decedent's
date
of death; and
(d)(4) A
representation that the affiant has received no notice of the issuance of letters
testamentary or letters of administration regarding
the estate of the decedent, and that there are no
assets of the decedent subject to probate. Upon
receipt of such will and affidavit the probate clerk,
upon being paid a fee of thirty dollars ($30.00),
shall receive and keep the will and accompanying
affidavit and shall give a receipt of the deposit
thereof.
SECTION
6. Section 33-11-4 of the General Laws in Chapter 33-11 entitled "Claims
Against Decedents'
Estates" is hereby amended to read as follows:
33-11-4. Manner of
presentation of claims. -- Claims against a decedent's estate may be
presented as follows:
(a)(1)
The claimant shall present a written statement of the claim with the clerk of
the
probate court indicating its basis, the amount claimed
(if known), the name and address of the
claimant, and the name and address of the claimant's
attorney (if any) and deliver or mail a copy
thereof to the personal representative. The claim is
deemed presented when filed with the probate
court. The claimant has the burden of establishing
proper and timely presentation of the claim. If
the claim is not yet due, the date when it will become
due shall be stated. If the claim is
contingent or unliquidated,
the nature of the condition or uncertainty shall be stated. If the claim
is secured, the security shall be described. Failure
to accurately describe the due date of claim not
yet due, the nature of any condition or uncertainty,
or the security, does not invalidate the
presentation made.
(b)(2) No
presentation of claim is required for matters already claimed in proceedings
which were pending against the decedent at the time of
his or her death. No personal
representative shall be held to defend and no
decedent's estate shall be held liable for any claim
pending against the decedent until the estate shall be
joined as a party with notice to the probate
court and the personal representative served.
SECTION
7. Section 33-14-2 of the General Laws in Chapter 33-14 entitled "Accounts
of Executors and
Administrators" is hereby amended to read as follows:
33-14-2. Charges
and credits shown -- Investments. – (a) Accounts rendered by an
executor or administrator to the probate court shall
be for a period stated therein, and shall charge
the executor or administrator with the amount of the
inventory, or, instead the amount of the
balance of the last account rendered, as the case may
be, and all income, all gains from the sale of
personal property, and all other property received by
him or her, although not inventoried, and all
rents and proceeds of the sale of real estate received
by the executor or administrator; the
accounts shall credit all charges, losses and
payments, including legacies, distribution, and
specific personal property delivered, and shall also
show the investments of the balance of the
account, if any, and changes of investments, along
with such documentation verifying such
investments as the court may request.
(b) An executor
or administrator who is represented by an attorney shall not be required
to submit originals or copies of evidence of charges,
losses and payments which appear on his or
her account, except for documentation required
pursuant to the provisions of section 33-14-8, but
shall instead include with any such account a
certification substantially in the form set forth in
section 33-14-2.2, signed by such executor or
administrator and by said attorney. An executor or
administrator who is not represented by an attorney or
whose attorney declines to execute and
submit such a certification shall, in addition to such
certification, submit to the probate court for
inspection copies of the front sides of all checks or
other documents evidencing any such charges,
losses and payments, unless specifically waived by the
court.
(c) Provided,
however, that the provisions of this section shall not prohibit the probate
court, on its own motion, from ordering the executor
or administrator to submit originals or
copies of evidence of the charges, losses and payments
which appear on the executor's or
administrator's account, in any case where the court
deems such documentation necessary to its
review of such account.
(d) As used in
this section and in the remainder to title 33, the term "attorney"
shall mean
an individual who is a member in good standing of the
Rhode Island Bar Association.
SECTION
8. Section 33-15-26 of the General Laws in Chapter 33-15 entitled "Limited
Guardianship and
Guardianship of Adults" is hereby amended to read as follows:
33-15-26. Annual
account. – (a) A limited guardian or guardian with authority to
make
decisions regarding the ward's estate, shall return to
the probate court, in every year, his or her
account, in the same manner as executors and
administrators are by law required to do. The
probate court shall monitor each limited guardianship
or guardianship file. If the court finds that
an annual accounting has not been filed, the court
shall cite the limited guardian or guardian and
demand that an accounting be filed within thirty (30)
days. If the limited guardian or guardian
fails to comply with the citation for thirty (30)
days, without sufficient excuse, the limited
guardian or guardian shall be accountable for the full
value of the estate and property of his or her
ward over which he or she had authority, and shall
have no compensation; but the court may,
upon the application of the limited guardian or
guardian, excuse him or her from rendering an
account in any year if satisfied that it is not
necessary or expedient that it should be rendered.
(b)
Notwithstanding any provision of the general laws to the contrary, no
municipality, its
officers, and/or employees, individually or otherwise,
shall be held civilly liable for failure to
monitor guardianship estates.
SECTION
9. Section 33-17-1.3 of the General Laws in Chapter 33-17 entitled "Bonds
of
Executors, Administrators,
and Guardians" is hereby amended to read as follows:
33-17-1.3. When
surety not required for guardians. – (a) No surety shall be
required
on any bond of a guardian of the person and/or estate when
the guardian is the spouse, parent,
child, brother, sister, or other heir at law of the
ward if the guardian demonstrates to the
satisfaction of the probate court that circumstances
warrant the waiver of surety and/or that no
surety should be required.
(b) In making a
determination as to whether surety should be required for guardians, the
probate court's consideration may include, but shall
not be limited to, the following:
(1) The total number of
the ward's heirs at law;
(2) The relationship of
the ward's heirs at law to one another;
(3) The extent to which
there appears to be issues and/or conflicts between the ward's
heirs at law in regard to the guardianship, or the
corresponding lack of such issues and/or
conflicts; and
(4) The total size,
extent, and monetary value of the ward's estate.
(c) In making a
determination pursuant to the provision of this section, the court may
conduct any hearings that it deems appropriate. The
provisions of this section shall apply to both
temporary and/or full guardianships.
SECTION
10. Sections 33-24-1 and 33-24-2 of the General Laws in Chapter 33-24
entitled "Small
Estates" are hereby amended to read as follows:
33-24-1. Voluntary
informal administration of small estates. – (a) If a resident of
Rhode
Island dies leaving an estate consisting entirely of
personal property the total value of which
otherwise subject to being listed on a probate
inventory pursuant to section 33-9-1, exclusive of
tangible personal property of which the decedent was
owner, does not exceed fifteen thousand
dollars ($15,000) in value, his or her surviving
spouse, child, grandchild, parent, brother, sister,
niece, nephew, aunt or uncle, or any interested party,
if of full age and legal capacity and a
resident of this state, may, after the expiration of
thirty (30) days from the death of the decedent,
provided no petition for letters testamentary or
letters of administration has been filed with the
probate court of the city or town in which the
decedent resided, file with said probate court upon
a form prescribed by the court a statement, verified
by oath or affirmation containing:
(a)(1)
The name and residential address of the affiant,
(b)(2)
The name, residence and date of death of the deceased,
(c)(3)
The relationship of the affiant to the deceased,
(d)(4) A
schedule showing every asset known to the affiant titled solely in the
decedent's
name and all assets known or believed to be titled in the
decedent's name as of the decedent's date
of death, and the estimated value of each such asset,
(e)(5) A
statement that the affiant has undertaken to act as voluntary administrator of
the
estate of the deceased and will administer the same
according to law, and apply the proceeds
thereof in conformity with this section,
(f)(6)
The names and addresses known to the affiant of the persons who would take
under the provisions of
(b) Upon
presentation of such statement, accompanied by a certificate of the death of
the
deceased and payment of a fee of thirty dollars
($30.00), the clerk of the probate court shall file
these documents as a part of the permanent record of the
court. Upon the payment of five dollars
($5.00), the clerk of the probate court shall, if no
other probate proceeding for administration of
such estate is pending in said court, issue a
certification of appointment of voluntary
administrator, but only after such certification has
been reviewed by the judge of the probate
court. No hearing in the probate court shall be
required as a condition for the issuance of the
certification by the clerk of the probate court;
provided, however, that the probate judge may
require a hearing to take place in order to determine
whether such certification should issue.
(c) Upon the
presentation of a copy of such a certification of appointment by the clerk of
the probate court, the tender of a proper receipt in
writing and the surrender of any policy,
passbook, note, certificate or other evidentiary
instrument, a voluntary administrator may, as the
legal representative of the deceased and his or her
estate, receive payment of any debt or
obligation in the nature of a debt, or delivery of any
chattel or asset, scheduled in such statement.
Payments and deliveries made under this section shall
discharge the liability of the debtor, obligor
or deliverer to all persons with respect to such debt,
chattel, obligation or other asset unless, at the
time of such payment or delivery, a written demand has
been made upon such debtor, obligor or
deliverer by a duly appointed executor or
administrator.
(d) A voluntary
administrator may sell any chattel so received and negotiate or assign
any choice in action to convert the same to cash in a
reasonable amount.
(e) A voluntary
administrator shall, as far as possible out of the assets which come into
his or her hands, first discharge the necessary expenses
of the funeral and last sickness of the
deceased and the necessary expenses of administration
without fee for his or her services, and
then pay the debts of the deceased in the order
specified in
12-11 and any other debts of the estate, and then
distribute the balance, if any, to the surviving
spouse, or, if there is no surviving spouse, to the
persons and in the proportions prescribed by
section 33-1-10.
(f) A voluntary
administrator shall be liable as an executor in his or her own wrong to all
persons aggrieved by his or her administration of the
estate, and, if letters testamentary or letters
of administration are at any time granted, shall be
liable as such an executor to the rightful
executor or administrator.
33-24-2.
Administration of small estates where executor named in will -- Voluntary
executors. – (a) If a resident of
subject to being listed on a probate inventory pursuant
to section 33-9-1, consisting entirely of
personal property, the total value, exclusive of
tangible personal property of which the decedent
was owner, does not exceed fifteen thousand dollars
($15,000) in value, and he or she leaves a
will naming a person as executor, the named person, if
of full age and legal capacity, may, (or, if
the named person declines or is unable to serve, then
any person named as alternate, or, if such
alternate declines or is unable to serve, then the
surviving spouse, child, grandchild, parent,
brother, sister, niece, nephew, aunt or uncle, or any
interested party, if of full age and legal
capacity and a resident of this state), after the
expiration of thirty (30) days from the death of the
decedent, provided no petition for letters
testamentary or letters of administration has been filed
with the probate court of the city or town in which
the decedent resided, file with said probate
court upon a form prescribed by the court a statement,
verified by oath or affirmation containing:
(a)(1)
The name and residential address of the affiant,
(b)(2)
The name, residence and date of death of the deceased,
(c)(3)
The relationship of the affiant to the deceased,
(d)(4) A
schedule showing every asset known to the affiant titled solely in the
decedent's
name and all assets known or believed to be titled in
the decedent's name as of the decedent's date
of death and the estimated value of each such asset,
(e)(5) A statement
that the affiant has undertaken to act as voluntary administrator of the
estate of the deceased and will administer the same
according to law, and apply the proceeds
thereof in conformity with this section,
(f)(6)
The names and addresses known to the affiant of the persons who would take
under the provisions of
(g)(7)
The names and addresses known to the affiant of the persons who would take
under the provisions of the will.
(b) The original
of the will shall be filed with the above statement and if the executor
resides outside the state he or she shall appoint a
resident agent to represent him or her in the
state.
(c) Upon
presentation of such statement, accompanied by a certificate of the death of
the
deceased and payment of a fee of thirty dollars
($30.00), the clerk of the probate court shall file
these documents as a part of the permanent record of
the court. Upon the payment of five dollars
($5.00), the clerk of the probate court shall, if no
other probate proceeding for administration of
such estate is pending in said court, issue a
certification of appointment of executor, but only after
such certification has been reviewed by the judge of
the probate court. No hearing in the probate
court shall be required as a condition for the
issuance of the certification by the clerk of the
probate court; provided, however, that the probate
judge may require a hearing to take place in
order to determine whether such certification should
issue.
(d) Upon the
presentation of a copy of such a certification of appointment by the clerk of
the probate court, the tender of a proper receipt in
writing and the surrender of any policy,
passbook, note, certificate or other evidentiary
instrument, a voluntary executor may, as the legal
representative of the deceased and his or her estate,
receive payment of any debt or obligation in
the nature of a debt, or delivery of any chattel or
asset, scheduled in such statement. Payments
and deliveries made under this section shall discharge
the liability of the debtor, obligor or
deliverer to all persons with respect to such debt,
chattel, obligation or other asset unless, at the
time of such payment or delivery, a written demand has
been made upon such debtor, obligor or
deliverer by a duly appointed executor or
administrator.
(e) A voluntary
executor may sell any chattel so received and negotiate or assign any
choice in action to convert the same to cash in a
reasonable amount.
(f) A voluntary
executor shall, as far as possible out of the assets which come into his or
her hands, first discharge the necessary expenses of
the funeral and last sickness of the deceased
and the necessary expenses of administration without
fee for his or her services, and then pay the
debts of the deceased in the order specified in
any other debts of the estate, and then distribute the
balance, if any, according to the terms of the
will, and should that prove impossible, the balance to
the surviving spouse, or, if there is no
surviving spouse, to the persons and in the
proportions prescribed by section 33-1-10.
(g) A voluntary
executor shall be liable as an executor in his or her own wrong to all
persons aggrieved by his or her administration of the
estate, and, if letters testamentary or letters
of administration are at any time granted, shall be
liable as such an executor to the rightful
executor or administrator.
SECTION
11. Section 33-26-1 of the General Laws in Chapter 33-26 entitled
"Establishing a
Legislative Commission to Study the Feasibility of Modernizing Probate Law and
Procedure" is hereby
amended to read as follows:
33-26-1.
Legislative commission established. – (a) There is hereby
established a special
legislative commission consisting of twenty-one (21)
members: three (3) of whom shall be from
the house of representatives, not more than two (2)
from the same political party to be appointed
by the speaker; two (2) of whom shall be from the
senate, not more than one from the same
political party, to be appointed by the president of
the senate; one of whom shall be the president
of the Rhode Island Probate Judges Association, or his
or her designee, one of whom shall be the
president of the Rhode Island Town Clerks Association,
or his or her designee; five (5) of whom
shall be members in good standing of the Rhode Island
Bar Association with experience in
probate matters, of whom three (3) shall be appointed
by the speaker and two (2) by the president
of the senate; two (2) of whom shall be currently
serving probate clerks, one to be appointed by
the speaker and one to be appointed by the president
of the senate; one of whom shall be the
chairperson of the Rhode Island Bar Association
Committee on Probate and Trust Law; and one
of whom shall be the executive director, or his or her
designee, of the alliance for better long-term
care; one of whom shall be appointed by the director
of the department of elderly affairs; and four
(4) of whom shall be members of the general public who
have an interest in probate matters, of
whom one shall be appointed by the speaker, one of
whom shall be appointed by the house
minority leader, and one by the president of the
senate and one by the senate minority leader.
Each member shall serve for a term of two (2) years or
until his or her successor is appointed,
whichever occurs later.
(b) In lieu of
any appointment of a member of the legislature to a permanent advisory
commission, a legislative study commission, or any
commission created by a general assembly
resolution, the appointing authority may appoint a
member of the general public to serve in lieu
of a legislator, provided that the president of the
senate or the minority leader of the political
party which is entitled to the appointment consents to
the appointment of the member of the
general public.
(c) The purpose
of said commission shall be to study the feasibility of modernizing
probate law and procedure in
the Uniform Probate Code, and to make recommendations therefor.
(d) Forthwith
upon passage of this resolution, the members of the commission shall meet
at the call of the speaker of the house and organize
and shall select from among their members a
chairperson. Vacancies in said commission shall be
filled in like manner as the original
appointment.
(e) The
membership of said commission shall receive no compensation for their services.
(f) All
departments and agencies of the state shall furnish such advice and
information,
documentary and otherwise, to said commission and its
agents as is deemed necessary or
desirable by the commission to facilitate the purposes
of this resolution.
(g) The speaker
of the house is hereby authorized and directed to provide suitable
quarters for said commission.
(h) The
commission shall report its findings and recommendations to the general
assembly on an annual basis on or before February 10
of each year.
SECTION
12. Sections 33-27-2 and 33-27-3 of the General Laws in Chapter 33-27
entitled "Access to
Decedents' Electronic Mail Accounts Act" are hereby amended to read as
follows:
33-27-2.
Definitions. -- As used in this chapter:
(1) "Electronic
mail service provider" means any person who:
(A)(i) Is an intermediary in sending or receiving
electronic mail; and
(B)(ii)
Provides to end-users of electronic mail services the ability to send or
receive
electronic mail.
(2) "Electronic
mail account" means:
(A)(i) All electronic mail sent or received by an end-user
of electronic mail services
provided by an electronic mail service provider that
is stored or recorded by such electronic mail
service provider in the regular course of providing
such services; and
(B)(ii)
Any other electronic information stored or recorded by such electronic mail
service provider that is directly related to the
electronic mail services provided to such end-user
by such electronic mail service provider, including,
but not limited to, billing and payment
information.
33-27-3. Access to
decedents' electronic mail. -- An electronic mail service provider
shall provide, to the executor or administrator of the
estate of a deceased person who was
domiciled in this state at the time of his or her
death, access to or copies of the contents of the
electronic mail account of such deceased person upon
receipt by the electronic mail service
provider of:
(A)(1) A
written request for such access or copies made by such executor or
administrator, accompanied by a copy of the death
certificate and a certified copy of the
certificate of appointment as executor and
administrator; and
(B)(2) An
order of the court of probate that by law has jurisdiction of the estate of
such
deceased person, designating such executor or
administrator as an agent for the subscriber, as
defined in the Electronic Communications Privacy Act,
18 U.S.C. section 2701, on behalf of
his/her estate, and ordering that the estate shall
first indemnify the electronic mail service
provider from all liability in complying with such
order.
SECTION
13. Section 34-5-5 of the General Laws in Chapter 34-5 entitled "Disclaimer
of Certain Property
Interests" is hereby amended to read as follows:
34-5-5. Time for
filing disclaimer. -- (a) A disclaimer shall be executed and filed
pursuant to the provisions of this chapter at any time
after the creation of the interest in property
being disclaimed, but in any event:
(1) If a present
interest, not later than nine (9) months:
(A)(i) After the death of the deceased owner in the case of
a testamentary disposition, or
(B)(ii)
After the effective date of the instrument creating the interest in the case of
a
nontestamentary disposition, or
(2) If a future
interest, not later than nine (9) months after the event determining that the
taker of the interest is in possession of it, or
(3) In the case of a
beneficiary who is a surviving joint tenant or tenant by the entirety,
not later than nine (9) months after the death of the
other joint tenant, tenants, or tenant by the
entirety, or
(4) Notwithstanding the
foregoing provisions, in the case of a beneficiary under the age
of twenty-one (21) at the creation of the interest,
not later than nine (9) months after his or her
attainment of that age; provided, that any court
having jurisdiction of the property, an interest in
which is being disclaimed, may, upon petition filed by
the beneficiary, the duly appointed
guardian or conservator of a beneficiary, or the legal
representative of a deceased beneficiary's
estate, permit an extension of time to execute and
file a disclaimer, for any further period of time
as the court in its discretion deems advisable.
(b) The effective date
of a revocable instrument is the date on which the grantor no
longer has the power to revoke it or to transfer to
himself or herself or another the entire legal and
equitable ownership of the interest.
SECTION
14. Section 34-13.1-1 of the General Laws in Chapter 34-13.1 entitled
"Marketable Record
Title" is hereby amended to read as follows:
34-13.1-1.
Marketable record title -- Definitions. -- As used in this chapter:
(a) "Marketable
record title" means a title of record which operates to extinguish such
interest and claims, existing prior to the effective
date of the root of title as are stated in section
34-13.1-4.
(b) "Records"
means the Land Evidence Records of the town or city where the particular
land is located
"Person dealing with land" includes a purchaser of any estate or
interest therein, a
mortgagee, an attaching or judgment creditor, or any
other person seeking to acquire an estate or
interest therein, or impose a lien thereon;
(c)
"Recorded" means recorded as provided by chapter 13 of this title;
(d) "Person
dealing with land" includes a purchaser of any estate or interest therein,
a
mortgagee, an attaching or judgment creditor, or any
other person seeking to acquire an estate or
interest therein, or impose a lien thereon "Records" means the Land Evidence
Records of the
town or city where the particular land is located;
(e) "Root of
title" means that conveyance or other title transaction in the chain of
title of
a person, purporting to create or containing language
sufficient to transfer the interest claimed by
such person, upon which he relies as a basis for the
marketability of his title, and which was the
most recent to be recorded as of a date forty (40)
years prior to the time when marketability is
being determined. The effective date of the root of
title is the date on which it is recorded;
(f) "Title
transaction" means any transaction affecting title to any interest in
land,
including, but not limited to, title by will or
descent, title by tax deed, by public sale, by trustee's,
referee's, guardian's, executor's, administrator's,
conservator's, Tax collector's, sheriff's,
commissioner's, constable's warranty or quitclaim
deed, by mortgagee's deed or by decree of any
court.
SECTION
15. Sections 34-25.1-10 and 34-25.1-15 of the General Laws in Chapter 34-
25.1 entitled "Reverse
Mortgages" are hereby amended to read as follows:
34-25.1-10.
Pre-closing disclosures. -- (a) At least three (3) business days
before closing
of the loan, all mortgagees, or their authorized
representative who is then duly licensed by the
writing all of the following information to, each
prospective reverse mortgage mortgagor:
(1) All information as
shall be required to be disclosed in connection with a reverse
mortgage loan pursuant to the Truth in Lending Act (15
U.S.C. section 1601 et seq.), Regulation
Z (12 CFR Part 226), and 12 U.S.C. section 1715z-20
and the federal regulations promulgated
with respect thereto (including without limitation 24
CFR Part 206); and
(2) All other information
as shall be required to be disclosed by the director of the
department of business regulation.
34-25.1-15.
Property held in name or trust. -- (a) It is the intention of
chapter 34-25.1
that the cash advances made under a reverse mortgage
shall be made by the lender to the
mortgagor. In the event that legal title to the
property encumbered by a reverse mortgage is held
in trust:
(1) The reverse
mortgage proceeds may be received by the occupant of the property
provided that the occupant is a beneficiary of the
trust;
(2) References in
subdivision 34-25.1-7(a)(5) to the mortgagor shall be deemed to refer
to the occupant of the property provided that the
occupant is a beneficiary of the trust;
(3) References in
subdivision 34-25.1-7(s)(6) to absences from the home shall be
deemed to refer to the occupant of the property
provided that the occupant is a beneficiary of the
trust.
SECTION
16. Sections 34-25.2-9, 34-25.2-11 and 34-25.2-13 of the General Laws in
Chapter 34-25.2 entitled
"Rhode Island Home Loan Protection Act" are hereby amended to read
as follows:
34-25.2-9.
Subterfuge prohibited. -- It shall be a violation of this chapter for
any person
to attempt in bad faith to avoid the application of this
chapter by:
(a)(1)
Dividing any loan transaction into separate parts for the purpose of evading
the
provisions of this chapter;
(b)(2)
Structuring a home loan transaction as an open-end loan for the purpose of
evading the provisions of this chapter when the loan
would have been a high-cost home loan if
the loan had been structured as a closed-end loan;
(c)(3)
Engaging in any other subterfuge with the intent of evading any provision of
this
chapter.
34-25.2-11.
Exemption. -- The provisions of this chapter shall not apply to:
(a)(1)
Any national bank, federal savings bank, federal credit union, credit union, or
financial institution, as defined under section
19-1-1, or their wholly-owned subsidiary; and
(b)(2)
The Federal Housing Administration, the Department of Veterans Affairs, or
other
state or federal housing finance agencies.
34-25.2-13.
Reporting. -- The department shall report to the governor and the
general
assembly on or before January 1, 2009, with regard to
the effectiveness of this act in achieving its
purpose, which report shall include, but not be
limited to:
(a)(1)
The reported incidence of prohibited practices by calendar quarter for the
period
January 1, 2007 through June 30, 2008;
(b)(2)
The disposition, if any, of the reported incidences of prohibited practices;
(c)(3)
Findings and recommendations with regard to any improvements, amendments, or
changes that should be considered to make the act more
effective in achieving its purposes or
which may be necessary in order to assure fair
availability of credit.
SECTION
17. Sections 34-30.1-2 and 34-30.1-4 of the General Laws in Chapter 34-30.1
entitled
"Manufacturer's Mold Lien" are hereby amended to read as follows:
34-30.1-2.
Enforcement of lien -- Notice. -- (1)(a) Before enforcing
such lien, notice in
writing shall be given to the customer either by
delivering the notice personally or sending the
notice by registered mail to the last known address of
the customer. This notice shall state that a
lien is being claimed for the damages set forth in or
attached to such writing for manufacturing or
fabrication work contracted or performed for the
customer. This notice shall also include a
demand for payment in a specific amount.
(2)(b) If
the molder has not been paid the amount due within sixty (60) days after the
notice has been received by the customer as provided
in section34-30.1-2(1), the molder may sell
the die, mold, form or pattern at a public auction and
retain the proceeds.
34-30.1-4. (1)(a) If any sale is
made under this chapter in violation of any right of a
customer under federal patent or copyright
law said sale shall be void and unenforceable and all
proceeds shall be returned to the customer.
(2)(b) A
lien under this chapter does not take priority over and shall be subject to an
existing perfected security interest.
SECTION
18. Section 34-37-3 of the General Laws in Chapter 34-37 entitled "Rhode
34-37-3.
Definitions. -- When used in this chapter:
(1) "Age"
means anyone over the age of eighteen (18).
(2) "Commission"
means the
5-8.
(3)
"Disability" means a disability as defined in § 42-87-1.
Provided further that
the term "disability" does not include current, illegal use of or
addiction to a controlled substance, as defined in 21
U.S.C. § 802.
(3)(4)
"Discriminate" includes segregate, separate, or otherwise
differentiate between or
among individuals because of race, color, religion,
sex, sexual orientation, gender identity or
expression, marital status, country of ancestral
origin, disability, age, or familial status or because
of the race, color, religion, sex, sexual orientation,
gender identity or expression, marital status,
country of ancestral origin, disability, age or
familial status of any person with whom they are or
may wish to be associated.
(5) The term
"domestic abuse" for the purposes of this chapter shall have the same
meaning as that set forth in § 15-15-1, and include
all forms of domestic violence as set forth in §
12-29-2, except that the domestic abuse need not
involve a minor or parties with minor children.
(4)(6) (i) "Familial status" means one or more
individuals who have not attained the age
of eighteen (18) years being domiciled with:
(A) A parent or another
person having legal custody of the individual or individuals; or
(B) The designee of the
parent or other person having the custody, with the written
permission of the parent or other person provided that
if the individual is not a relative or legal
dependent of the designee, that the individual shall
have been domiciled with the designee for at
least six (6) months.
(ii) The protections
afforded against discrimination on the basis of familial status shall
apply to any person who is pregnant or is in the
process of securing legal custody of any
individual who has not attained the age of eighteen
(18) years.
(5)
"Disability" means a disability as defined in § 42-87-1.
Provided further that
the term "disability" does not include current, illegal use of or
addiction to a controlled substance, as defined in 21
U.S.C. § 802.
(6)(7) The
terms, as used regarding persons with disabilities, "auxiliary aids and
services," "reasonable accommodation,"
and "reasonable modifications" have the same meaning
as those terms are defined in § 42-87-1.1.
(8) The term
"gender identity or expression" includes a person's actual or
perceived
gender, as well as a person's gender identity, gender-related
self image, gender-related
appearance, or gender-related expression; whether or
not that gender identity, gender-related self
image, gender-related appearance, or gender-related
expression is different from that traditionally
associated with the person's sex at birth.
(7)(9)
"Housing accommodation" includes any building or structure or portion
of any
building or structure, or any parcel of land,
developed or undeveloped, which is occupied or is
intended, designed, or arranged to be occupied, or to
be developed for occupancy, as the home or
residence of one or more persons.
(8) [Deleted by P.L.
1997, ch. 150, § 8.]
(9) [Deleted by P.L.
2009, ch. 96, § 4 and P.L. 2009, ch.
97, § 4].
(10) "Otherwise
qualified" includes any person with a disability who with respect to the
rental of property, personally or with assistance
arranged by the person with a disability, is
capable of performing all the responsibilities of a
tenant as contained in § 34-18-24.
(11) "Owner"
includes any person having the right to sell, rent, lease, or manage a
housing accommodation.
(12) "Person"
includes one or more individuals, partnerships, associations, organizations,
corporations, labor organizations, mutual companies,
joint stock companies, trusts, receivers,
legal representatives, trustees, other fiduciaries, or
real estate brokers or real estate salespersons
as defined in chapter 20.5 of title 5.
(13) [Deleted by P.L.
2009, ch. 96, § 4 and P.L. 2009, ch.
97, § 4].
(14) [Deleted by P.L.
2009, ch. 96, § 4 and P.L. 2009, ch.
97, § 4].
(15)(13)
"Senior citizen" means a person sixty-two (62) years of age or older.
(16)(14)
The term "sexual orientation" means having or being perceived as
having an
orientation for heterosexuality, bisexuality, or
homosexuality. This definition is intended to
describe the status of persons and does not render
lawful any conduct prohibited by the criminal
laws of this state nor impose any duty on a religious
organization. This definition does not confer
legislative approval of said status, but is intended
to assure the basic human rights of persons to
hold and convey property and to give and obtain
credit, regardless of such status.
(17) The term "gender
identity or expression" includes a person's actual or perceived
gender, as well as a person's gender identity,
gender-related self image, gender-related
appearance, or gender-related expression; whether or
not that gender identity, gender-related self
image, gender-related appearance, or gender-related
expression is different from that traditionally
associated with the person's sex at birth.
(18) The term
"domestic abuse" for the purposes of this chapter shall have the same
meaning as that set forth in § 15-15-1, and include
all forms of domestic violence as set forth in §
12-29-2, except that the domestic abuse need not
involve a minor or parties with minor children.
(19)(15)
The term "victim" means a family or household member and all other
persons
contained within the definition of those terms as
defined in § 12-29-2.
SECTION
19. Sections 34-42-2 and 34-42-4 of the General Laws in Chapter 34-42
entitled "Self-Service
Storage Facilities" are hereby amended to read as follows:
34-42-2.
Definitions. -- As used in this chapter, the following words shall have
the
following meanings unless the context clearly
indicates otherwise:
(a)(1)
"Default" means the failure to perform on time any obligation set
forth in the rental
agreement or this chapter.
(b)(2)
"Last known address" means that address provided by the occupant in
the latest
rental agreement or the address provided by the
occupant in a subsequent written notice of a
change of address.
(c)(3)
"Occupant" means a person, or his or her sublessee,
successor, or assign, who is
entitled to the use of the storage space at a
self-service storage facility under a rental agreement,
to the exclusion of others.
(d)(4)
"Owner" means the proprietor, operator, lessor,
or sublessor of a self-service
storage facility, his or her agent, or any other
person authorized by him or her to manage the
facility or to receive rent from an occupant under a
rental agreement. An owner is not a
warehouseman, as defined in section 6A-7-102(1)(h)
except that if an owner issues a warehouse
receipt, bill of lading, or other document of title
for the personal property sold, the owner is
subject to the provisions of chapter 7 of title 6A,
and the provisions of this chapter shall not
apply.
(e)(5)
"Personal property" means movable property not affixed to land and
includes, but
is not limited to, goods, wares, merchandise,
furniture, and household items.
(f)(6)
"Rental agreement" means any written agreement or lease that
establishes or
modifies the terms, conditions, rules, or any other
provisions concerning the use and occupancy
of a self-service storage facility.
(g)(7)
"Self-service storage facility" means any real property designed and
used for the
purpose of renting or leasing individual storage space
to occupants who are to have access to the
space for the purpose of storing and removing personal
property. No occupant shall use a self-
service storage facility for residential purposes.
34-42-4.
Enforcement of owner's lien. -- (a) After default, an owner may deny an
occupant access to the storage space, terminate the
right of the occupant to use the storage space,
enter the storage space and remove any personal
property found therein to a place of safekeeping,
and enforce its lien by selling the stored property at
a public or private sale, in accordance with
the following procedure:
(1) No sooner than thirty
(30) days after default, but before the owner takes any action to
enforce its lien, the occupant and all other persons
known to claim an interest in the personal
property stored shall be notified. The notice shall be
delivered in person or sent by certified mail,
return receipt requested, to the person or persons to
be notified. The notice shall include:
(A)(i) an An
itemized statement of the claim showing the sums due at the time of the
notice and the date when the sums became due;
(B)(ii) a
A statement that, based on the default, the
owner has the right to deny the
occupant access to the leased space;
(C)(iii) a
A general description of the personal property
subject to the lien if known;
(D)(iv) a
A demand for payment of the claim by a
specified date not less than thirty (30)
days after mailing of the notice;
(E)(v) a
A conspicuous statement that unless the claim
is paid by the specified date, the
occupant's right to use the storage space will terminate,
and the personal property will be
advertised for sale or will be otherwise disposed of
at a specified time and place; and
(F)(vi) the
The name, street address, and telephone number
of the owner who the
occupant may contact to respond to the notice.
(2) If the owner is not
able to obtain personal service on those persons entitled to notice
or if the certified mail return receipt is not signed
by the person to whom notice must be sent then
the owner shall be required to give notice by
publication once a week for three (3) successive
weeks in a newspaper of general circulation in the
city or town where the person to receive the
notice was last known to reside.
(3) When notice is by
publication, the notice does not have to include an itemized
statement of the claim but only a statement as to the
amount of money due or the time of the final
notice, nor is a general description of the personal
property subject to the lien required. The
demand for payment of the claim by a specified date
shall set forth a date no less than thirty (30)
days after the date of the published notice.
(b) Once notice is sent
to an occupant, the owner may deny the occupant access to the
leased space in a reasonable and peaceful manner;
provided, however, that the occupant may have
access at any time for the sole purpose of viewing the
contents of his or her leased space to verify
the contents thereof.
(c) After expiration of
the time given in the notice, if the claim has not been paid in full
as demanded, the occupant's right to use the storage
space terminates, and the owner may enter
the storage space and remove any personal property
found therein to a place of safekeeping.
(d) After expiration of
the time given in the notice, if the claim has not been paid in full
as demanded and the owner wishes to sell the personal
property to satisfy its lien, an
advertisement of the sale must be published once a
week for two (2) consecutive weeks in a
newspaper of general circulation where the sale is to
be held. The advertisement must include a
general description of the personal property, the name
of the person on whose account it is being
stored and the time and place of sale. The sale must
take place no sooner than ten (10) days after
the first publication. If there is no newspaper of
general circulation where the sale is to be held,
the advertisement must be posted at least ten (10)
days before the sale in not less than six (6)
conspicuous places in the neighborhood of the proposed
sale.
(e) The sale shall be
held at the self-service storage facility or the nearest suitable place
and it shall conform to the terms of the notification.
(f) Before a sale of
personal property, any person claiming a right to the personal
property may pay the amount necessary to satisfy the
lien and the reasonable expenses incurred
by the owner to redeem the personal property. Upon
receipt of this payment, the owner shall
release the personal property to the payor and have no further liability to any person with
respect
to the personal property.
(g) The owner may buy at
any sale of personal property pursuant to this section to
enforce the owner's lien.
(h) A purchaser in good
faith of the personal property sold to enforce the owner's lien
takes the personal property free of any rights of
persons against whom the lien was valid, despite
noncompliance by the owner with the requirements of
this section.
(i)
The owner may satisfy its lien from the proceeds of any sale pursuant to this section
but must hold the balance, if any, for delivery on
demand to any person to whom it would have
been bound to deliver the personal property. If the
other party does not claim the balance of the
proceeds within two (2) years of the date of the sale,
it shall eschew to the state.
(j) The owner shall be
liable for damages caused by failure to comply with the
requirements for sale under this section and in case
of willful violation is liable for conversion.
SECTION
20. Section 34-46-6 of the General Laws in Chapter 34-46 entitled "Dry
Dock
Facilities" is hereby
amended to read as follows:
34-46-6. Cessation
of enforcement actions. -- A facility operator shall cease
enforcement actions immediately upon any of the
following:
(a)(1)
Payment by owner. - The vessel owner pays the facility operator the full amount
necessary to satisfy the lien. At any time before the
conclusion of a sale conducted under this
chapter, the vessel owner may redeem the vessel by paying
the full amount necessary to satisfy
the lien;
(b)(2)
Payment by other lienholders. - A person other than
the facility operator who has a
lien on the vessel pays the facility operator the full
amount necessary to satisfy the lien held by
the facility operator. Upon payment by a lienholder of record, the facility operator shall hold the
vessel for the benefit of and at the direction of that
lienholder and may not deliver possession of
the vessel to the vessel owner. Unless the facility
operator and the lienholder enter into a new
storage agreement, the lienholder
shall arrange removal of the vessel from the facility forthwith;
or
(c)(3)
Initiation of Civil Action. - An owner of a vessel files in a court of
competent
jurisdiction and serves on the facility operator, not
less than ten (10) days before the scheduled
date of sale, a complaint against the facility
operator relating to the obligations incurred by the
storage of the vessel or any claims related to the
vessel and in such complaint objects to the
enforcement of the lien and sets forth the legal
reasons why the lien should not be enforced. The
enforcement action shall not resume until either the
civil action is resolved or the court enters an
order permitting the enforcement action to proceed.
SECTION
21. Section 35-3-23 of the General Laws in Chapter 35-3 entitled "State
Budget" is hereby
amended to read as follows:
35-3-23. Interfund transfers. – (a) The governor may
make an interfund transfer. - Prior
to making an interfund
transfer the governor shall give five (5) days written notification of the
proposed interfund transfer
to the speaker of the house, the president of the senate, the
chairperson of the house finance committee, the
chairperson of the senate finance committee, the
minority leader of the senate, and the minority leader
of the house.
(b) An interfund transfer must comply with this section. An interfund transfer can be
made under the following circumstances and on the
following conditions:
(1) The governor must
make the findings that:
(i)
All cash in the general fund, including the payroll clearing account, has been
or is
about to be exhausted;
(ii) The anticipated
cash expenditures exceed the anticipated cash available.
(2) The governor may
make an interfund transfer to the general fund from
the:
(i)
Temporary disability fund created in section 28-39-4;
(ii) Intermodal surface
transportation fund created in section 35-4-11; and/or
(iii) Tobacco settlement
financing trust fund created in section 42-133-9.
(3) Once in each fiscal
quarter from each fund the governor may make an interfund
transfer. The fund(s) from which money is transferred
must be made whole by June 30th in the
same fiscal year as the transfer is made.
(4) The interfund transfer may be made notwithstanding the
provisions of sections 28-37-
3 and 28-39-4.
SECTION
22. Sections 35-4-18 and 35-4-25 of the General Laws in Chapter 35-4
entitled "State
Funds" are hereby amended to read as follows:
35-4-18. Health
education, alcohol, and substance abuse prevention program. --
There is hereby created and established a program to
be known as the "health education, alcohol,
and substance abuse prevention program", which shall
be funded annually by the general
assembly. All moneys now or hereafter in the health
education, alcohol, and substance abuse
prevention program are hereby appropriated for the
purpose of establishing continuous health
education programs dealing primarily in the areas of
alcohol and substance abuse for students in
grades kindergarten (K) through twelve (12). The
department of behavioral healthcare,
developmental disabilities and hospitals mental health, retardation, and hospitals and
the
department of elementary and secondary education are
charged with administration of the
program for the purposes specified in this section.
Independent evaluation of the programs in
grades kindergarten (K) through twelve (12) shall be
made annually. Funds for evaluation shall
emanate from the health education, alcohol, and
substance abuse appropriations. Claims against
the funds shall be examined, audited, and allowed in
the manner now or hereafter provided by
law.
35-4-25. Funds attributable
to agency business operations. -- State agencies which
operate business-like enterprises at the state
institutions shall maintain the funds attributable to
these operations in accounts within the general fund.
All funds received by the department of
corrections, the department of behavioral
healthcare, developmental disabilities and hospitals
mental health, retardation, and hospitals, and the department of children, youth, and families
from
these operations shall be deposited as general revenues.
The agency shall, through the annual
budget process, report to the general assembly the
estimated amount for the next fiscal year,
together with the intended use of the funds. Nothing
contained in this section, however, shall
conflict with the powers and duties granted the board
of governors for higher education and the
board of regents for elementary and secondary
education in chapters 59 and 60 of title 16.
SECTION
23. Sections 35-8-26 and 35-8-27 of the General Laws in Chapter 35-8
entitled "Bonded
Indebtedness of State" are hereby amended to read as follows:
35-8-26. Refunding
bonds. – (a) When bonds or notes have been issued as provided in
this chapter, the general treasurer shall be
authorized and empowered hereby, with the approval of
the governor and in accordance with this chapter, to
issue, from time to time, refunding bonds or
notes of the state to refund any of such outstanding
bonds or notes as may be specified from time
to time by the governor provided that the outstanding
amount of debt on account of any project
shall not be increased thereby to an amount in excess
of the amount approved for such project by
the people.
(b) If the people
shall have approved the issuance of refunding bonds or notes, at the
election at which the incurring of debt for the
respective project or projects was approved or as a
separate approval at another time, the proceeds of the
refunding bonds or notes, exclusive of any
premium or accrued interest thereon, shall upon
receipt be applied to retire the bonds or notes
being refunded or shall be deposited by the general
treasurer with an escrow agent, which may be
the paying agent for the bonds being refunded, in
trust for application to payment of such bonds
or notes at maturity or upon earlier call. Such
escrowed amounts shall be invested for the benefit
of the owners of the refunded bonds or notes and shall
be invested only in direct or guaranteed
obligations of the
together with the earnings thereon, shall be applied
to any principal, interest and early redemption
premiums, if any, to the owners of the refunded bonds
or notes, in accordance with the
instructions of the general treasurer included in the
terms of the escrow. An amount of bonds or
notes being refunded, which is the largest amount of
such bonds or notes for which the escrowed
deposit will provide sufficient funds to pay all
principal, interest and early redemption premiums,
if any, when due, will be considered no longer
outstanding and not debts of the state for the
purpose of determining the amount of debt outstanding
for the respective project or projects from
and after the deposit of funds into escrow.
(c) If the people
have not approved the issuance of refunding bonds or notes as aforesaid,
the general treasurer may nevertheless issue refunding
bonds or notes as provided herein for the
purpose of paying or refunding all or any portion of
an issue of bonds or notes then outstanding,
including the amount of any redemption premium and
costs of issuance related thereto; provided,
however, that no such refunding bonds shall be payable
over a period longer than the period
during which the original bonds or notes so refunded
must be paid pursuant to law, and provided
further that the present value of the principal and
interest payments due on refunding bonds
issued under this section shall not exceed the present
value of the principal and interest payments
to be paid by the state on account of bonds or notes
to be refunded.
35-8-27. Variable
rate obligations and interest rate exchange agreements. – (a) In
connection with the issuance of duly authorized bonds
or notes of the state, notwithstanding any
other authority to the contrary, such bonds or notes
may be issued in the form of variable rate
obligations, so-called. In connection therewith, the
state, acting through the general treasurer,
may enter into agreements with banks, trust companies
or other financial institutions within or
without the state, whether in the form of letters or
lines of credit, liquidity facilities, insurance or
other support arrangements. Any debt issued as
variable rate obligations shall bear such terms as
the general treasurer shall determine, including
provisions for prepayment at any time with or
without premium at the option of the state, may be
sold at a premium or discount, and may bear
interest or not and if interest bearing, may bear
interest at such rate or rates variable from time to
time as determined by such index, banking loan rate or
other method specified in any such
agreement. Any such agreement may also include such
other covenants and provisions for
protecting the rights, security and remedy of the
lenders as may, in the discretion of the general
treasurer, be reasonable and proper and not in
violation of law. The general treasurer may also
enter into agreements with brokers for the placement
or marketing of any such debt or notes of
the state issued as variable rate obligations.
(b) In addition,
the general treasurer, with the approval of the governor, may from time to
time, enter into and amend interest rate exchange
agreements including, but not limited to,
interest rate "caps", "floors",
"collars", or "swaps" that the general treasurer determines
to be
necessary or desirable for the purpose of generating
savings, managing an interest rate, or similar
risk that arises in connection with, or subsequent to
or is incidental to the issuance, carrying or
securing of variable rate obligations, fixed rate
bonds or fixed rate obligations. Such interest rate
exchange agreements entered into by the state shall
contain such provisions, including payment,
term, security, default and remedy provisions, and
shall be with such parties, as the general
treasurer shall determine to be necessary or desirable
after due consideration to the
creditworthiness of those parties.
SECTION
24. Section 35-8.1-8.3 of the General Laws in Chapter 35-8.1 entitled
"Refunding Bond
Authority" is hereby amended to read as follows:
35-8.1-8.3.
Eminent domain proceedings. -- The authority shall have the right to
acquire any land, or any interest therein, by the
exercise of the power of eminent domain,
whenever it shall be determined by the authority that
the acquisition of the land, or interest, is
necessary for the construction or the operation of any
project.
(a)(1) The
necessity for an acquisition shall be conclusively presumed upon the adoption
by the authority of a resolution declaring that the
acquisition of the land, or interest therein,
described in the resolution is necessary for the
construction or operation. Within six (6) months
thereafter the authority shall cause to be filed in
the land evidence records of the city or town in
which the land is located, a copy of the resolution of
the authority, together with a plat of the
land, or interest therein described, and a statement,
signed by the chairperson of the authority, that
the lands, or interest therein, are taken pursuant to
the provisions of this chapter. Thereupon the
authority shall file in the superior court in and for
the county in which the land, or interest therein
lies, a statement of the sum of money estimated by the
authority to be just compensation for the
land taken.
(b)(2)
Upon the filing of the copy of the resolution, plat, and statement in the land
evidence records of the city or town, the filing in
the superior court, of the statement, and the
depositing in the superior court, to the use of the
persons entitled thereto, of such sum as the court
shall determine to be amply sufficient to satisfy the
claims of all persons interested in the land
(and the court may, in its discretion, take evidence
on the question to determine the sum to be
deposited), title to the land, or interest therein,
shall vest in the authority in fee simple absolute
and the authority thereupon may take possession of the
land, or interest therein.
(c)(3) No
sum so paid into the court shall be charged with clerk's fees of any nature.
After
the filing of the copy, plat, and statement, notice of
the taking of the land, or interest therein, shall
be served upon the owners of and persons having an
estate in and interested in the land by the
sheriff or his or her deputies of the county in which
the land, or interest therein, lies, leaving a
true and attested copy of the description and
statement with each of the persons personally, or at
their last and usual place of abode in this state with
some person living there, and in the case any
of the persons are absent from this state and have no
last and usual place of abode therein
occupied by any person, the copy shall be left with
the persons, if any, in charge of or having
possession of the land, or interest therein, taken of
the absent persons if the same are known to the
officer; and after the filing of the resolution, plat,
and statement, the secretary of the authority
shall cause a copy of the resolution and statement to
be published in some newspaper published
or having general circulation in the county where the
land, or interest therein, may be located, at
least once a week for three (3) successive weeks. If
any person shall agree with the authority for
the price of the land, or interest therein, so taken,
the court upon the application of the parties in
interest, may order that the sum agreed upon be paid
forthwith from the money deposited, as the
just compensation to be awarded in the proceeding.
(d)(4) Any
owner of or persons entitled to any estate in or interested in any part of the
land, or interest therein, so taken, who cannot agree
with the authority for the price of the land, or
interest therein, so taken in which he or she is
interested as aforesaid, may, within three (3)
months after personal notice of the taking, or, if he
or she have no personal notice, may within
one year from the first publication of the copy of the
resolution and statement, apply by petition
to the superior court in and for the county in which
the land, or interest therein, lies, setting forth
the taking of his or her land or interest therein, and
praying for an assessment of damages by a
jury. Upon the filing of the petition the court shall
cause twenty (20) days notice of the pendency
thereof to be given to the authority by serving the
chairperson or vice chairperson of the authority
with a certified copy thereof, and may proceed after
notice to the trial thereof; and the trial shall
determine all questions of fact relating to the value
of the land, or interest therein, and the amount
thereof, and judgment shall be entered upon the
verdict of the jury and execution shall be issued
therefor against the money so deposited in court and in
default thereof against any other property
of the authority. In case two (2) or more conflicting
petitioners make claim to the same land, or to
any interests therein, or to different interests in
the same parcel of land, the court upon motion
shall consolidate their several petitions for trial at
the same time by the same jury, and may frame
all necessary issues for the trial thereof; and all
proceedings taken pursuant to the provisions of
this chapter shall take precedence over all other
civil matters then pending before the court, or if
the superior court in and for the county in which the
land, or interest therein, lies, be not in
session in the county, then the trial may be heard in
the superior court for the counties of
(e)(5) If
any lands, or interests therein, in which any minor or other person not capable
in
law to act in his or her own behalf is interested, are
taken by the authority under the provisions of
this chapter, the superior court, upon the filing
therein of any petition by or in behalf of the minor
or other person, may appoint a guardian ad litem for the minor or other person, and the guardian
may appear and be heard in behalf of the minor or
other person; and the guardian may also, with
the advice and consent of the superior court and upon
the terms as said superior court may
prescribe, release to the authority all claims for
damages for the lands of the minor or other
person or for any interests therein. Any lawfully
appointed, qualified, and acting guardian or
other fiduciary of the estate of any minor or other
person, with the approval of the court of
probate within this state having jurisdiction to
authorize the sale of lands and properties within
this state of any minor or other person, may, before
the filing of any petition, agree with the
authority upon the amount of damages suffered by the
minor or other person by any taking of his
or her lands or of his or her interests in any lands,
and may, upon receiving the amount, release to
the authority all claims of damages of the minor or
other person for such taking.
(f)(6)
Whenever, from time to time the authority has 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 any excess including any interest or
increment on any sums so deposited shall be repaid to
the authority. Whenever the authority has
satisfied the court that the claims of all persons
interested in the land taken have been satisfied,
the unexpended balance, including any interest of
increment on any sums so deposited, shall be
paid forthwith to the authority.
(g)(7) In
any proceedings for the assessment of compensation and damages for land or
interest therein taken or to be taken by eminent
domain by the authority the following provisions
shall be applicable:
(1)(i) At any time during the pendency of the action or
proceeding, the authority or an
owner may apply to the court for an order directing an
owner or the authority, as the case may be,
to show cause why further proceedings should not be
expedited, and the court may upon an
application make an order requiring that the hearings
proceed and that any other steps be taken
with all possible expedition.
(2)(ii) If
any of the land, or interest therein, is devoted to a public use, it may,
nevertheless, be acquired, and the taking shall be
effective provided that no land, or interest
therein, belonging to a public utility corporation may
be acquired without the approval of the
public utilities administrator or other officer or
tribunal having regulatory power over the
corporation. Any land, or interest therein, already
acquired by the authority may, nevertheless be
included within the taking for the purpose of
acquiring any outstanding interests in the land.
SECTION
25. Sections 35-18-2 and 35-18-3 of the General Laws in Chapter 35-18
entitled "Public
Corporation Debt Management" are hereby amended to read as follows:
35-18-2.
Definitions. -- The words defined in this section shall have the
meanings set
forth below whenever they appear in this chapter,
unless the context in which they are used
clearly requires a different meaning:
(1) "Bond"
and "obligation" mean an agreement by any person to repay borrowed
money.
(2) "Economic
development project" means any project which the
industrial facilities corporation is authorized to
undertake, including, without limitation, a project
related to financing the acquisition of any land and
any building or other improvement which
shall be suitable for manufacturing, warehousing, or
other industrial or commercial purposes,
including research, production, processing,
agricultural, and marine commerce; provided,
however, that the project may include, in addition,
the construction or improvement of access
roads and utilities, but only access roads and
utilities, and only those which are necessary for the
operation of that project.
(3) "Essential
public facilities" means roads, bridges, airports, prisons, reservoirs,
waste
and wastewater treatment facilities, educational
facilities, and any other facilities used by any
state agency, department, board, or commission,
including the board of governors for higher
education, to provide services to the public pursuant
to the requirements of state or federal law,
all fixtures for any of those facilities and
facilities financed or refinanced by bonds or other
obligations of the water resources board corporate. It
does not include any personal property.
(4) "Financing
lease" means an agreement in the form of a lease between the state and
any person which provides that upon payment by the
state as lessee of aggregate rent equal to no
less than all of the principal and interest on bonds
or other obligations issued by the lessor to
finance the acquisition, construction, or improvement
of all or any part of an essential public
facility, the state shall have the right to possess,
use and enjoy that facility pursuant to the lease
for a specified period and the option to purchase that
facility for a nominal sum at the end of the
period.
(5)
"Governor" means the governor of the state.
(6)
"Guarantee" and "guarantee lease" mean an agreement on the
part of the state to
guarantee any liability of a public corporation except
a liability of the
recreational building authority.
(7) [Deleted by P.L.
2005, ch. 117, art. 6, section 1_.
(8)(7)
"Person" means an individual, partnership, corporation, public
corporation, trust,
or association.
(9)(8)
"Public corporation" means any body corporate and politic created or
to be created
pursuant to statute, including, without limitation,
the Rhode Island industrial recreational building
authority, the
education, the
recovery corporation, the
authority, the water resources board corporate,
(except as provided below), the
health and educational building corporation, the
corporation, the
authority, their successors and assigns. Cities,
towns, and any corporation created by a city or
town pursuant to statute, and fire and water
districts, are not public corporations under this
chapter. The water resources board corporate is not a
public corporation under this chapter to the
extent it is financing or refinancing bonds or other
obligations on behalf of a city, town, city or
town instrumentalities or agencies, or fire or water
districts.
(10)(9)
"State" means the state of
department, office, board, commission, or agency of
the state.
35-18-3. Approval
by the general assembly. -- (a) No elected or appointed state official
may enter into any financing lease or into any
guarantee with any person without the prior
approval of the general assembly unless:
(1) [Deleted by P.L.
2005, ch. 117, art. 6, section 1_.
(2) [Expired
pursuant to P.L. 1994, ch. 148, section 2.]
(3)(1)
The governor certifies that federal funds will be available to make all of the
payments which the state is or could be obligated to
make under the financing lease or guarantee;
or
(4)(2)
The general assembly has adjourned for the year with the expectation that it
will
not meet again until the following year and the
governor certifies that action is necessary, because
of events occurring after the general assembly has
adjourned, to protect the physical integrity of
an essential public facility, to ensure the continued
delivery of essential public services, or to
maintain the credit worthiness of the state in the
financial markets.
(b) No bonds may be
issued or other obligation incurred by any public corporation to
finance, in whole or in part, the construction,
acquisition, or improvement of any essential public
facility without the prior approval of the general
assembly, unless:
(1) [Deleted by P.L.
2005, ch. 117, art. 6, section 1_.
(2) [Expired
pursuant to P.L. 1994, ch. 148, section 2.]
(3)(1)
The governor certifies that federal funds will be available to make all of the
payments required to be made by the public corporation
in connection with the bond or
obligation. The certification shall be transmitted to
the speaker of the house and the president of
the senate with copies to the chairpersons of the
respective finance committees and fiscal
advisors; or
(4)(2)
The general assembly has adjourned for the year with the expectation that it
will
not meet again until the following year and the governor
certifies that action is necessary, because
of events occurring after the general assembly has
adjourned, to protect the physical integrity of
an essential public facility, to ensure the continued
delivery of essential public services, or to
maintain the credit worthiness of the state in the
financial markets. The certification shall be
transmitted to the speaker of the house and the
president of the senate, with copies to the
chairpersons of the respective finance committees and fiscal
advisors.
(c) In addition to, and
not by way of limitation on, the exemptions provided in
subsections (a) and (b), prior approval by the general
assembly shall not be required under this
chapter for bonds or other obligations issued by, or financing
leases or guarantee agreements
entered into by:
(1) The Rhode Island
Industrial Facilities Corporation; provided financing leases, bonds
or other obligations are being issued for an economic
development project;
(2) The
(3) The
(4) The
(5) Any public
corporation to refund any bond or other obligation issued by the public
corporation to finance the acquisition, construction,
or improvement of an essential public facility
provided that the governor certifies to the speaker of
the house and the president of the senate,
with copies to the chairpersons of the respective
finance committees and fiscal advisors that the
refunding shall provide a net benefit to the issuer;
provided, however, obligations of the Rhode
Island resource recovery corporation outstanding on
July 31, 1999, may be refunded by the
issuance of obligations on or before August 1, 1999;
(6) The
(7) The
obligations issued in connection with the acquisition,
construction, or improvement of any facility
used by any state agency, department, board, or
commission, including the board of governors for
higher education, to provide services to the public
pursuant to the requirements of state or federal
law, and all fixtures for any of those facilities.
(d) Nothing contained
in this section applies to any loan authorized to be borrowed under
Article VI, section 16 or 17 of the Rhode Island
Constitution.
(e) Nothing in this
section is intended to expand in any way the borrowing authority of
any public corporation under its charter.
(f) (1) Any
certification made by the governor under subsection (a), (b), or (c) of this
section may be relied upon by any person, including
without limitation, bond counsel.
(2) The certifications
shall be transmitted to the speaker of the house and the president of
the senate with copies to the chairpersons of the
respective finance committees and fiscal
advisors.
(g) Except as provided
for in this chapter, the requirements of this chapter supersede any
other special or general provision of law, including
any provision which purports to exempt sales
or leases between the state and a public corporation
from the operation of any law.
SECTION
26. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit
System" is hereby
amended to read as follows:
36-4-2. Positions
in unclassified service. -- The classified service shall comprise all
positions in the state service now existing or
hereinafter established, except the following specific
positions which with other positions heretofore or
hereinafter specifically exempted by legislative
act shall constitute the unclassified service:
(1) Officers and
legislators elected by popular vote and persons appointed to fill
vacancies in elective offices.
(2) Employees of both
houses of the general assembly.
(3) Officers,
secretaries, and employees of the office of the governor, office of the
lieutenant governor, department of state, department
of the attorney general, and the treasury
department.
(4) Members of boards
and commissions appointed by the governor, members of the
state board of elections and the appointees of the
board, members of the commission for human
rights and the employees of the commission, and
directors of departments.
(5) The following
specific offices:
(i)
In the department of administration: director, chief information officer;
(ii) In the department
of business regulation: director;
(iii) In the department
of elementary and secondary education: commissioner of
elementary and secondary education;
(iv) In the department
of higher education: commissioner of higher education;
(v) In the department
of health: director;
(vi) In the department
of labor and training: director, administrative assistant,
administrator of the labor board and legal counsel to
the labor board;
(vii) In the department
of environmental management: director;
(viii) In the
department of transportation: director;
(ix) In the department
of human services: director;
(x) In the state
properties committee: secretary;
(xi) In the workers'
compensation court: judges, administrator, deputy administrator,
clerk, assistant clerk, clerk secretary;
(xii) In the department
of elderly affairs: director;
(xiii) In the
department of behavioral healthcare, developmental disabilities and
hospitals
mental health, retardation, and hospitals: director;
(xiv) In the department
of corrections: director, assistant director
(institutions/operations), assistant director
(rehabilitative services), assistant director
(administration), and wardens;
(xv) In the department
of children, youth and families: director, one assistant director,
one associate director, and one executive director;
(xvi) In the public
utilities commission: public utilities administrator;
(xvii) In the water
resources board: general manager;
(xviii) In the human
resources investment council: executive director.
(xix) In the office of
health and human services: secretary of health and human services.
(6) Chief of the
hoisting engineers, licensing division, and his or her employees;
executive director of the veterans memorial building
and his or her clerical employees.
(7) One confidential
stenographic secretary for each director of a department and each
board and commission appointed by the governor.
(8) Special counsel,
special prosecutors, regular and special assistants appointed by the
attorney general, the public defender and employees of
his or her office, and members of the
authority.
(9) The academic and/or
commercial teaching staffs of all state institution schools, with
the exception of those institutions under the
jurisdiction of the board of regents for elementary
and secondary education and the board of governors for
higher education.
(10) Members of the
military or naval forces, when entering or while engaged in the
military or naval service.
(11) Judges, referees,
receivers, clerks, assistant clerks, and clerical assistants of the
supreme, superior, family, and district courts, the
traffic tribunal, jurors and any persons
appointed by any court.
(12) Election officials
and employees.
(13) Administrator,
executive high sheriff, sheriffs, chief deputy sheriffs, deputy sheriffs,
and other employees of the sheriff's division within
the department of administration and security
officers of the traffic tribunal.
(14) Patient or inmate
help in state charitable, penal, and correctional institutions and
religious instructors of these institutions and student
nurses in training, residents in psychiatry in
training, and clinical clerks in temporary training at
the institute of mental health within the state
of
(15) (i) Persons employed to make or conduct a temporary and
special inquiry,
investigation, project or examination on behalf of the
legislature or a committee therefor, or on
behalf of any other agency of the state if the
inclusion of these persons in the unclassified service
is approved by the personnel administrator. The
personnel administrator shall notify the house
fiscal advisor and the senate fiscal advisor whenever
he or she approves the inclusion of a person
in the unclassified service.
(ii) The duration of
the appointment of a person, other than the persons enumerated in
this section, shall not exceed ninety (90) days or
until presented to the department of
administration. The department of administration may
extend the appointment another ninety (90)
days. In no event shall the appointment extend beyond
one hundred eighty (180) days.
(16) Members of the
division of state police within the department of public safety.
(17) Executive
secretary of the
(18) Artist and curator
of state owned art objects.
(19) Mental health
advocate.
(20) Child advocate.
(21) The position of
aquaculture coordinator and marine infrastructure specialist within
the coastal resources management council.
(22) Employees of the office
of the health insurance commissioner.
(23) In the department
of revenue: the director, secretary, attorney.
(24) In the department
of public safety: the director.
SECTION
27. Sections 36-8-1, 36-8-4 and 36-8-5 of the General Laws in Chapter 36-8
entitled "Retirement
System - Administration" are hereby amended to read as follows:
36-8-1. Definition
of terms. -- The following words and phrases as used in chapters 8 to
10 of this title unless a different meaning is plainly
required by the context, shall have the
following meanings:
(1) "Accumulated
contributions" shall mean the sum of all the amounts deducted from
the compensation of a member and credited to his or
her individual account together with regular
interest thereon.
(2) "Active
member" shall mean any employee of the state of
this section for whom the retirement system is
currently receiving regular contributions pursuant
to sections 36-10-1 and 36-10-1.1.
(2)(3)
"Actuarial equivalent" shall mean an allowance or benefit of equal
value to any
other allowance or benefit when computed upon the
basis of the actuarial tables in use by the
system .
(3)(4)
"Annuity reserve" shall mean the present value of all payments to be
made on
account of any annuity, benefit, or retirement
allowance granted under the provisions of chapter
10 of this title computed upon the basis of such
mortality tables as shall be adopted from time to
time by the retirement board with regular interest.
(4)(5)
"Average compensation" for members eligible to retire as of September
30, 2009
shall mean the average of the highest three (3)
consecutive years of compensation, within the total
service when the average compensation was the highest.
For members eligible to retire on or after
October 1, 2009, "Average compensation"
shall mean the average of the highest five (5)
consecutive years of compensation within the total
service when the average compensation was
the highest.
(5)(6)
"Beneficiary" shall mean any person in receipt of a pension, an
annuity, a
retirement allowance, or other benefit as provided by
chapter 10 of this title.
(6)(7)
"Casual employee" shall mean those persons hired for an occasional
period to
perform special jobs or functions not necessarily
related to the work of regular employees.
(7)(8)
"Compensation" as used in chapters 8 -- 10 of this title, chapters 16
and 17 of title
16, and chapter 21 of title 45 shall mean salary or
wages earned and paid for the performance of
duties for covered employment, including regular
longevity or incentive plans approved by the
board, but shall not include payments made for
overtime or reasons other than performance of
duties or activities, including but not limited to the
types of payments listed below:
(i)
Payments contingent on the employee having terminated or died;
(ii) Payments made at
termination for unused sick leave, vacation leave, or
compensatory time;
(iii) Payments
contingent on the employee terminating employment at a specified time in
the future to secure voluntary retirement or to secure
release of an unexpired contract of
employment;
(iv) Individual salary
adjustments which are granted primarily in anticipation of the
employee's retirement;
(v) Additional payments
for performing temporary or extra duties beyond the normal or
regular work day or work year.
(8)(9)
"Employee" shall mean any officer or employee of the state of
whose business time is devoted exclusively to the
services of the state, but shall not include one
whose duties are of a casual or seasonal nature. The
retirement board shall determine who are
employees within the meaning of this chapter. The
governor of the state, the lieutenant governor,
the secretary of state, the attorney general, the
general treasurer, and the members of the general
assembly, ex officio, shall not be deemed to be
employees within the meaning of that term unless
and until they elect to become members of the system
as provided in section36-9-6, but in no case
shall it deem as an employee, for the purposes of this
chapter, any individual who devotes less
than twenty (20) business hours per week to the
service of the state, and who receives less than
the equivalent of minimum wage compensation on an
hourly basis for his or her services, except
as provided in section36-9-24. Any commissioner of a
municipal housing authority or any
member of a part-time state board, commission,
committee or other public authority shall not be
deemed to be an employee within the meaning of this
chapter.
(9)(10)
"Full actuarial costs" or "full actuarial value" shall mean
the lump sum payable
by a member claiming service credit for certain
employment for which that payment is required
which is determined according to the age of the member
and the employee's annual rate of
compensation at the time he or she applies for service
credit and which is expressed as a rate
percent of the employee's annual rate of compensation
to be multiplied by the number of years for
which he or she claims service credit as prescribed in
a schedule adopted by the retirement board
from time to time on the basis of computation by the
actuary. All service credit purchases
requested after June 16, 2009, except military credit
as provided by sections 36-9-31 and 16-16-
7.1, shall be at full actuarial value.
(10)(11)
"Inactive member" shall mean a member who has withdrawn from service
as an
employee but who has not received a refund of
contributions.
(11)(12)
"Members" shall mean any person included in the membership of the
retirement
system as provided in sections 36-9-1 -- 36-9-7.
(12)(13)
"Prior service" shall mean service as a member rendered before July
1, 1936,
certified on his or her prior service certificate and
allowable as provided in section 36-9-28.
(13)(14)
"Regular interest" shall mean interest at the rate of two percent
(2%) per annum,
compounded annually, or at such other rate determined
from the actual experience of the system
as may be prescribed from time to time by the board.
(14)(15)
"Retirement allowance" shall mean annual payments for life made after
retirement under and in accordance with chapters 8 to
10 of this title. All allowances shall be paid
in equal monthly installments beginning as of the
effective date thereof; provided, that a smaller
pro rata amount may be paid for part of a month where
separation from service occurs during the
month in which the application was filed, and when the
allowance ceases before the last day of
the month.
(15)(16)
"Retirement board" shall mean the board provided in section 36-8-3 to
administer the retirement system.
(16)(17)
"Retirement system" shall mean the employees' retirement system of
the state of
(17)(18)
"Service" shall mean service as an employee of the state of
described in subdivision (8) of this section.
(18)(19)
"Total service" shall mean prior service as defined above, plus
service rendered
as a member on or after July 1, 1936.
(19) "Active
member" shall mean any employee of the state of
in this section for whom the retirement system is
currently receiving regular contributions
pursuant to sections 36-10-1 and 36-10-1.1.
36-8-4.
Composition of retirement board. -- (a) There is hereby authorized,
created and
established in the office of the general treasurer an
independent retirement board which shall hold
and administer, in trust, the funds of the retirement
system in accordance with the provisions of
chapters 8 -- 10 of this title and shall perform such
functions as authorized by law. The
membership of the retirement board shall consist of:
the general treasurer or his or her designee
who shall be a subordinate within the general
treasurer's office; the director of administration or
his or her designee who shall be a subordinate within
the department of administration; a
representative of the budget office or his or her
designee from within the budget office, who shall
be appointed by the director of administration; the
president of the league of cities and towns or
his or her designee; two (2) active state employee
members of the retirement system or officials
from state employee unions to be elected by active
state employees; two (2) active teacher
members of the retirement system or officials from a
teachers union to be elected by active
teachers; one active municipal employee member of the
retirement system or an official from a
municipal employees union to be elected by active
municipal employees; two (2) retired members
of the retirement system to be elected by retired members
of the system; and four (4) public
members, all of whom shall be competent by training or
experience in the field of finance,
accounting or pensions; two (2) of the public members
shall be appointed by the governor, one of
whom shall serve an initial term of three (3) years
and one of whom shall serve an initial term of
four (4) years and until his or her successor is
appointed and qualified; and two (2) of the public
members shall be appointed by the general treasurer,
one of whom shall serve an initial term of
three (3) years and one of whom shall serve an initial
term of four (4) years and until his or her
successor is appointed and qualified. Thereafter, the
term of these four (4) public members shall
be for four (4) years or until their successors are
appointed and qualified. Meetings shall be open
to the public in accordance with the provisions of
chapter 42-46 of the general laws. Any member
of the general public who was appointed by the
governor prior to the effective date of this act
[July 4, 2006]
July 4, 2006 shall continue to serve until such time as a successor is
appointed and
qualified. Any member who was elected prior to the
effective date of this act [July 4, 2006] July
4, 2006
shall serve for the remainder of his or her elected term.
(b) Meetings shall be
held at such place as may be designated in the call of the meeting,
provided at no cost to the state, at least monthly at
the call of the chair.
(c) The elected members
of the retirement board shall be seated by the following
procedure:
(1) Each candidate for
a position on the board must have one hundred (100) signatures of
members of their respective group.
(2) The term of office
for elected members shall be for four (4) years, and election of
their successors shall be given by the board prior to
the expiration of the terms of the incumbent
elected members.
(3) By petition for
recall of twenty percent (20%) of the respective membership of the
various groups a new election shall be ordered by the
retirement board.
(d) All gubernatorial
and general treasurer appointments made under this section after
the effective date of this act [July 4, 2006] July 4, 2006 shall be subject to the advice
and consent
of the senate. No one shall be eligible for
appointment unless he or she is a resident of this state.
(e) Public
members of the board shall be removable by the chair for cause only, and
removal solely for partisan or personal reasons unrelated
to capacity or fitness for the office shall
be unlawful.
(f) Newly
appointed and qualified public members shall, within six (6) months of their
appointment, attend a training course that shall be
developed and provided by the office of the
general treasurer and shall include instruction in the
following areas: the provisions of chapters
42-46, 36-14 and 38-2 of the
rules and regulations. The director of the department
of administration shall, within ninety (90)
days of the effective date of this act [July 4,
2006] July 4, 2006 prepare and disseminate training
materials relating to the provisions of chapters
42-46, 36-14 and 38-2.
36-8-5. Vacancies
on board. -- If, for any reason whatsoever, there shall be a vacancy in
the office of an appointed member of the board the
appointing authority shall appoint a successor
within seventy (70) days for the balance of the
vacated term; provided, however, that all
gubernatorial and general treasurer appointments made
under this section after the effective date
of this act [July 4, 2006] July 4, 2006 shall be subject to the advice
and consent of the senate. If,
for any reason whatsoever, there shall be a vacancy in
the office of an elected member of the
board the seat shall be filled by a new election of
the respective group within seventy (70) days
for the balance of the vacated term.
SECTION
28. Section 36-8-21 of the General Laws in Chapter 36-8 entitled "Retirement
System -
Administration" is hereby repealed.
36-8-21.
Special commission. -- (a) There is hereby created a special
commission
entitled "Special Commission to Study the
Alteration of the Pension System for New
Employees", the purpose of which shall be to
study changes to the current state pension system to
be applied to new employees and to report to the
governor and to the general assembly with
advice and recommendations as to those changes on or
before April 1, 1997.
(b) The commission shall
consist of nine (9) members as follows:
(1) The director of
administration who shall be chairperson of the commission;
(2) The governor's
policy director;
(3) One member of
the house of representatives as appointed by the speaker of the
house;
(4) One member of
the state senate appointed by the majority leader of the senate;
(5) One member
appointed by the president of the Rhode Island AFL-CIO who shall be
an official of organized labor representing public
school teachers in
(6) One member
appointed by the president of the Rhode Island AFL-CIO who shall be
an official of organized labor representing state
employees; and
(7) Three (3)
members of the public appointed by the governor.
(c) The commission
shall be appointed no later than September 1, 1995.
(d) Members of the
commission shall serve without compensation.
(e) The commission
may request and shall receive from any instrumentality of the state
such information and assistance as it deems necessary
for the proper execution of its powers and
duties under this section.
(f) The commission
shall expire on June 1, 1997.
SECTION
29. Section 36-9-31.1 of the General Laws in Chapter 36-9 entitled
"Retirement System-Membership
and Service Credits" is hereby amended to read as follows:
36-9-31.1. Peace
corps, teacher corps, and volunteers in service to
Any active member who served in the peace corps,
teacher corps, or in volunteers in service to
provided, that any member on an official leave of
absence for illness or injury shall be eligible to
purchase those credits while on the leave of absence.
(b) The cost to
purchase these credits shall be the full actuarial cost as defined in
subsection 36-8-1(9) of that service in the peace
corps, teacher corps, or
maximum of four (4) years.
(c) [Deleted by P.L.
2009, ch. 68, art. 7, section 2_.
SECTION
30. Sections 36-10-9.3, 36-10-15 and 36-10-36 of the General Laws in
Chapter 36-10 entitled
"Retirement System-Contributions and Benefits" are hereby amended to
read as follows:
36-10-9.3.
Retirement on service allowance -- Registered nurses. -- (a) This
section
shall apply to the retirement of members employed as
registered nurses within the department of
behavioral healthcare, developmental disabilities and
hospitals mental health,
retardation, and
hospitals.
(b) Any member who has
attained the age of fifty (50) years may be retired subsequent
to the proper execution and filing of written
application; provided, however, that the member
shall have completed twenty-five (25) years of total
service within the department of behavioral
healthcare, developmental disabilities and hospitals mental health, retardation, and hospitals and
who retires before October 1, 2009 or is eligible to
retire as of September 30, 2009.
(ii)(c)
For members who become eligible to retire on or after October 1, 2009, benefits
are available to members who have attained the age of
fifty-five (55) and have completed at least
twenty-five (25) years of total service within the
department of behavioral healthcare,
developmental disabilities and hospitals mental health, retardation, and hospitals. For
members in
service as of October 1, 2009 who were not eligible to
retire as of September 30, 2009, the
minimum retirement age of fifty-five (55), the
retirement age will be adjusted downward in
proportion to the amount of service the member has
earned as of September 30, 2009. The
proportional formula shall work as follows:
(1) The formula shall
determine the first age of retirement eligibility under the laws in
effect on September 30, 2009 which shall then be
subtracted from the minimum retirement age of
fifty-five (55).
(2) The formula shall
then take the member's total service credit as of September 30,
2009 as the numerator and the years of service credit
determined under (1) as the denominator.
(3) The fraction
determined in (2) shall then be multiplied by the age difference
determined in (1) to apply a reduction in years from
age fifty-five (55).
36-10-15. Amount
of accidental disability benefit. -- (a) For disability applications
submitted on or before September 30, 2009, upon
retirement for accidental disability under
section 36-10-14, a member shall receive a benefit
which shall be equal to sixty-six and two-
thirds percent (66 2/3%) of his or her annual
compensation at the time of his or her retirement,
subject to the provisions of section 36-10-31.
(b) Upon any
application for accidental disability submitted on or after October 1, 2009,
if the member has been found to be permanently and
totally disabled from service but has not
been found by the board to be permanently and totally
disabled from any employment as a result
of his/her accidental disability, a member shall
receive a retirement allowance equal to fifty
percent (50%) of the rate of the member's compensation
at the date of the member's retirement,
subject to the provisions of section 36-10-31. The
retiree shall, as a condition of continued receipt
of a disability retirement allowance, on or before a
date fixed by the retirement board, annually
under penalties of perjury provide the board with such
affidavits and accurate evidence of
earnings, employment and gainful activity as the board
may require, including, but not limited,
joint and/or individual tax returns. Payment of the
disability retirement allowance shall continue
as long as the individual remains disabled, and
regardless of service or age.
(c) Upon
retirement for accidental disability that has been found by the board to be
permanently and totally disabling from any employment,
a member shall receive a retirement
allowance equal to sixty-six and two-thirds percent
(66 2/3%) of the rate of the member's
compensation at the date of the member's retirement
subject to the provisions of section 36-10-31.
The retirement board shall apply the terms of
subsection 28-33-17(b) in determining total
disability.
36-10-36. Post
retirement employment. -- (a) On and after July 7, 1994, no member
who has retired under the provisions of titles 16, 36,
or 45 may be employed or reemployed by
any state agency or department unless any and all
retirement benefits to which he or she may be
entitled by virtue of the provisions of titles 16, 36 or
45 are suspended for the duration of any
employment or reemployment. No additional service
credits shall be granted for any post-
retirement employment or reemployment and no
deductions shall be taken from an individual's
salary for retirement contribution. Notice of any such
post-retirement employment or
reemployment shall be sent monthly to the retirement
board by the employing agency or
department and by the retired member.
(b) Any member who has
retired under the provisions of titles 16, 36, or 45 may be
employed or reemployed by any municipality within the
state, which municipality has accepted
the provisions of chapter 21 of title 45 and which
participates in the municipal employees'
retirement system for a period of not more than seventy-five
(75) working days or one hundred
fifty (150) half days with half day pay in any one
calendar year without any forfeiture of or
reduction of any retirement benefits and allowances
the member is receiving or may receive as a
retired member. Pension payments shall be suspended
whenever this period is exceeded. No
additional contributions shall be taken and no
additional service credits shall be granted for this
service. Notice of this employment or re-employment
shall be sent monthly to the retirement
board by the employer and by the retired member.
(c) Any member who has
retired under the provisions of title 16, 36, or 45 may be
employed or re-employed by any municipality within the
state which has not accepted the
provisions of chapter 21 of title 45 and which does
not participate in the municipal employees'
retirement system.
(d) Notwithstanding the
provisions of this section:
(1) Any retired member
of the system shall be permitted to serve as an elected mayor,
the town administrator, the city administrator, the
town manager, the city manager, the chief
administrative officer or the chief executive officer
of any city or town, city or town council
member, school committee member, or unpaid member of
any part-time state board or
commission or member of any part-time municipal board
or commission, and shall continue to be
eligible for and receive the retirement allowance for
service other than that as a mayor,
administrator, council member, school committee
member, or member of any state board or
commission or member of any part-time municipal board
or commission; provided, however, that
no additional service credits shall be granted for any
service under this subsection;
(2) Any retired member who
retired from service at any state college, university, state
school, or who retired from service as a teacher under
the provisions of title 16, or who retired
from service under title 36 or title 45, may be
employed or reemployed, on a part-time basis, by
any state college, university or state school for the
purpose of providing classroom instruction,
academic advising of students and/or coaching.
Compensation shall be provided at a level not to
exceed the salary provided to other faculty members employed
under a collective bargaining
agreement at the institution. In no event shall
"part-time" mean gross pay of more than fifteen
thousand dollars ($15,000) in any one calendar year.
Any retired member who provides such
instruction or service shall do so without forfeiture
or reduction of any retirement benefit or
allowance; and provided, however, that no additional
service credits shall be granted for any
service under this subsection;
(3) Any retired member
who retired from service as a teacher under the provisions of
title 16, or as a state employee who while an active
state employee was certified to teach driver
education by the department of elementary and
secondary education or by the board of governors
for higher education, may be employed or reemployed,
on a part-time basis, by the department of
elementary and secondary education or by the board of
governors for higher education for the
purpose of providing classroom instruction in driver
education courses in accordance with section
31-10-19 and/or motorcycle driver education courses in
accordance with section 31-10.1-1.1. In
no event shall "part-time" mean gross pay of
more than fifteen thousand dollars ($15,000) in any
one calendar year. Any retired teacher who provides
that instruction shall do so without forfeiture
or reduction of any retirement benefit or allowance
the retired teacher is receiving as a retired
teacher; provided, however, that no additional service
credits shall be granted for any service
under this subsection; and
(4) Any retired member
who retired from service as a registered nurse may be employed
or reemployed, on a per diem basis, for the purpose of
providing professional nursing care and/or
services at a state operated facility in
of more than twelve thousand dollars ($12,000) in any
one calendar year. Any retired nurse who
provides such care and/or services shall do so without
forfeiture or reduction of any retirement
benefit or allowance the retired nurse is receiving as
a retired nurse; provided, however, that no
additional service credits shall be granted for any
service under this subsection.
(5) (a) [Effective
until March 2, 2009.]Any retired member who retired from service
with the department of labor and training, is
proficient in the processing of unemployment
insurance claims, as established by the department,
and has extensive experience working in the
administration of the unemployment insurance program
may be employed or reemployed by the
department for the purpose processing unemployment
insurance claims between January 27, 2009
and March 1, 2009 without any forfeiture of or
reduction of any retirement benefits and
allowances that he or she is receiving or may receive.
Compensation shall be provided at a level
not to exceed the salary provided to others employed
under the collective bargaining agreement.
Pension payments shall be suspended whenever this
period is exceeded. No additional
contributions shall be taken and no additional service
credits shall be granted for this service.
Notice of this employment or re-employment shall be
sent monthly to the retirement board by the
employer and by the retired member.
(b) The provisions
of subsection 36-10-36(d)(5)(a) shall expire on March 2, 2009.
(c) [Effective until
April 4, 2009.]Any retired member who retired from service with the
department of labor and training, is proficient in the
processing of unemployment insurance
claims, as established by the department, and has
extensive experience working in the
administration of the unemployment insurance program
may be employed or reemployed by the
department for the purpose processing unemployment
insurance claims between March 3, 2009
and April 3, 2009 without any forfeiture of or
reduction of any retirement benefits and allowances
that he or she is receiving or may receive.
Compensation shall be provided at a level not to
exceed the salary provided to others employed under
the collective bargaining agreement.
Pension payments shall be suspended whenever this
period is exceeded. No additional
contributions shall be taken and no additional service
credits shall be granted for this service.
Notice of this employment or re-employment shall be
sent monthly to the retirement board by the
employer and by the retired member.
(d) The provisions
of subsection 36-10-36(d)(5)(c) shall expire on April 4, 2009.
SECTION
31. Section 36-12-2.2 of the General Laws in Chapter 36-12 entitled
"Insurance
Benefits" is hereby amended to read as follows:
36-12-2.2.
Disabled retired employees -- Hospital care and surgical-medical service
benefits. -- Notwithstanding any other provision of the law to the contrary, an
employee of the
state of
with a disability pension benefit shall receive only
the following state-sponsored health care and
subsidies. :
(a)(1)
Disabled retired employees who retire on or before September 30, 2008, and who
are at least sixty (60) years of age as of September
30, 2008. (1) (i) Any disabled retired
employee
of the state of
years of age as of September 30, 2008, will be
eligible until age sixty-five (65) to continue to
purchase hospital care and surgical-medical service
benefits as set forth in section 36-12-2 and as
are received by classified employees. Furthermore, if
he/she retired subsequent to July 1, 1989,
he/she shall receive for himself or herself a subsidy
on the individual medical plan in accordance
with the following formula until attaining age
sixty-five (65):
Years of
10 - 15 50% 50%
16 - 22 70% 30%
23 - 27 80% 20%
28+ 100% 0%
(2)(ii)
Any disabled retired employee of the state of
before September 30, 2008, and is at least sixty-five
(65) years of age as of September 30, 2008,
will be eligible to continue to purchase hospital care
and surgical-medical service benefits as set
forth in section 36-12-2 and as are received by
classified employees. Furthermore, if he/she
retired subsequent to July 1, 1989, he/she shall
receive for himself or herself a subsidy on his or
her individual medical plan in accordance with the
following formula applied to the cost of the
Medicare supplemental plan:
Years of
10 - 15 50% 50%
16 - 19 70% 30%
20 - 27 90% 10%
28+ 100% 0%
(3)(iii)
Payment for the coverage shall be at the same group rate used by the state in
making payment for state employees.
(b)(2)
Disabled retired employees who retire after September 30, 2008, or are under
sixty
(60) years of age on September 30, 2008. Any disabled
retired employee of the state of Rhode
Island who retires after September 30, 2008, or any
disabled retired employee of the state of
receive state-sponsored medical coverage and subsidies
as follows: (1)(i) If the retiree is
under
fifty-nine (59) years of age, the retiree shall have
the right to purchase hospital care and surgical-
medical service benefits as set forth in section
36-12-2 and as are received by classified
employees. Payment for the coverage shall be at the
same group rate used by the state in making
payment for state employees.
(ii) Furthermore,
if the retiree is under fifty-nine (59) years of age, and retired after July
1, 1989, and before September 30, 2008, and the
retiree had a minimum of twenty-eight (28)
years of total service, he/she shall receive for
himself or herself a ninety percent (90%) subsidy
on the individual medical plan until attaining age
fifty-nine (59).
(2)(iii)
At age fifty-nine (59) the retiree and his/her dependents shall be eligible
only for
enrollment in the medical plans available to
non-disabled state employee retirees. If the retiree
has a minimum of ten (10) years of contributory
service, and up to twenty (20) years of total
service, the retiree will be eligible for a fifty
percent (50%) state subsidy on the cost of the
individual retiree medical plan. If the retiree has a
minimum of ten (10) years of contributory
service, and twenty (20) years or more of total
service, the retiree will be eligible for an eighty
percent (80%) state subsidy on the cost of the
individual retiree medical plan. The retiree is
responsible for full payment for any additional
dependent plans.
(c)(3)
Disabled retired employees who retire after September 30, 2008, or are under
sixty-five (65) years of age on September 30, 2008.
Any disabled retired employee of the state of
of
to receive only the following state-sponsored medical
coverage and subsidies upon attaining age
sixty-five (65):
(1)(i) If the retiree is eligible for Medicare at age
sixty-five (65), the retiree and spouse
shall enroll in a state-sponsored Medicare
supplemental plan.
(2)(ii) If
a retiree is not eligible for Medicare at age sixty-five (65), the retiree may
remain in the same medical plan that the retiree was
enrolled in prior to attaining age sixty-five
(65).
(3)(iii)
If the retiree has a minimum of ten (10) years of contributory service, and up
to
twenty (20) years of total service, the retiree will
receive a fifty percent (50%) state subsidy based
on the cost of the individual Medicare supplemental
plan. If the retiree has a minimum of ten (10)
years of contributory service and twenty (20) years or
more of total service, the retiree will be
eligible for an eighty percent (80%) state subsidy
based on the cost of the individual Medicare
supplemental plan. The retiree is responsible for full
payment for any additional dependent plans.
(d)(4) Payments for retiree and dependent medical coverage
shall be deducted from the
purchaser's retirement benefits received pursuant to
chapter 10 of this title.
SECTION
32. Sections 36-12.1-4, 36-12.1-7 and 36-12.1-18 of the General Laws in
Chapter 36-12.1 entitled
"Retiree Health Care Trust Fund" are hereby amended to read as
follows:
36-12.1-4.
Definitions. -- The following words and phrases as used in the act,
unless a
different meaning is plainly required by the context,
shall have the following meanings:
(1) "Actuary"
means the actuary retained by the OPEB Board pursuant to § 36-12.1-15
hereof.
(2) "Alternate
retirement plans" shall mean those retirement plans provided by the Board
of Governors for Higher Education for its
non-classified employees, and those of the Office of
Higher Education, the
(2)(3)
"Code" means the Internal Revenue Code of 1986, as amended.
(4) "Employee"
means all persons who are classified employees as the term "classified
employee" is defined under § 36-3-3, and all persons
in the unclassified and non-classified
service of the state. This includes those
non-classified employees of the Board of Governors for
Higher Education, the Office of Higher Education, the
University of
College, and the
participants in the Board of Governors' alternate
retirement plans.
(3)(5)
"Employer" means the state of
(4)
"Employee" means all persons who are classified employees as the term
"classified
employee" is defined under § 36-3-3, and all
persons in the unclassified and non-classified
service of the state. This includes those
non-classified employees of the Board of Governors for
Higher Education, the Office of Higher Education, the
University of
College, and the
participants in the Board of Governors' alternate
retirement plans.
(5)(6)
"GAAP" shall mean generally accepted accounting principles.
(6)(7)
"GASB" shall mean governmental accounting standards board.
(7)(8)
"GASB 43" shall mean the rules promulgated by GASB governing the
manner in
which financial statements issued by trusts providing
OPEB benefits must be prepared in
accordance with GAAP, as they may be amended from time
to time.
(8)(9)
"GASB 45" shall mean the rules promulgated by GASB governing the
manner in
which financial statements issued by employers
providing OPEB Benefits must be prepared in
accordance with GAAP, as they may be amended from time
to time.
(9)(10)
"OPEB" or "OPEB Benefits" shall mean other post employment
benefits, and
shall include, without limitation, retiree medical,
dental, prescription, vision care, life insurance,
long term care benefits and similar post-employment
benefits for a Retired Employee and/or his
or her Dependants.
(10)(11)
"OPEB Board" shall mean the board established in § 36-12.1-7 to
administer the
OPEB System.
(11)(12)
"OPEB System" shall mean the Rhode Island Employee's OPEB System as
defined in § 36-12.1-5.
(12)(13)
"OPEB Trust" shall mean the trust fund or funds, including any
sub-funds or
sub-trusts created by the OPEB Board pursuant to §
36-12 to hold assets of the OPEB System.
(13)(14)
"Party in Interest" shall mean each member of the OPEB Board, each
employee
of the OPEB Board, any individual or organization that
renders advice to the OPEB Board or the
OPEB System; any affiliate of such organization, and
any member of the immediate family of
any such individual.
(14)(15)
"Retired Employee", means any person retired from the active service
of the
state, as determined by the retirement board under §
36-8-1, and also all retired teachers who have
elected to come under the OPEB System, or any person
who was a non-classified employee of the
Board of Governors for Higher Education, the Office of
Higher Education, the University of
16-59-1 et seq, and who is a
participant in the Board of Governors' alternate retirement plans.
(15) "Alternate
retirement plans" shall mean those retirement plans provided by the
Board of Governors for Higher Education for its
non-classified employees, and those of the
Office of Higher Education, the
Community
College of , pursuant to § 16-17.1-1 et seq.
36-12.1-7.
Composition of the OPEB board. -- (a) The OPEB Board shall
consist of the
State Controller, the State Budget Officer, the State
Personnel Administrator and the General
Treasurer, or their designees.
36-12.1-18.
Periodic actuarial investigations and valuations. – (a) Every
year beginning
with fiscal year 2012 on a schedule in accordance with
generally accepted accounting principles,
the actuary shall make an actuarial investigation into
the mortality, service, and compensation
experience of the members and beneficiaries of the
OPEB System, and shall make a valuation of
the assets and liabilities of the system, and, taking
into account the result of the investigation and
valuation, the OPEB Board shall:
(1) Adopt for the OPEB
System, such mortality, service, and other tables as shall be
deemed necessary in the OPEB System; and
(2) Certify the levels
of contribution payable by the state of
provisions of chapters 12, 12.1, and 12.2 of this
title.
(3) Certify the levels
of contribution payable by the Board of Governors for Higher
Education to carry out the provisions of chapter 17.1
of title 16.
(b) On the basis
of such tables as the OPEB Board shall adopt, the actuary shall make a
valuation of the liabilities of the funds of the
system created by this chapter and the investment
advisor or investment manager appointed by the OPEB
Board shall make a valuation of the assets
of the OPEB System.
SECTION
33. Section 36-13-1 of the General Laws in Chapter 36-13 entitled
"Deferred
Compensation Plans" is
hereby amended to read as follows:
36-13-1. Deferred
compensation plans authorized. -- (a) The state or any city, town, or
other political subdivision may, by contract, agree
with any employee to defer, in whole or in
part, any portion of that employee's compensation, and
may subsequently contract with financial
institutions for the purchase of government securities
or with other financial entities for the
purchase of mutual funds, and procure a fixed or
variable life insurance or annuity contract for
the purpose of providing funds to meet its obligations
under a deferred compensation program for
the employees from any financial institutions or from
any life underwriters duly licensed by this
state who represents an insurance company licensed to
contract business in this state.
(b) In the
administration of a deferred compensation plan for state employees authorized
under this chapter, after [October 1, 1998] October
1, 1998 the state shall engage three companies
("Authorized Companies") to administer such
deferred compensation plans. After [October 1,
1998] October
1, 1998 only such Authorized Companies shall be entitled to enroll state
employees in such deferred compensation plans in
accordance with the following guidelines:
(1) Employees must have
the option of purchasing or investing in alternative financial
products referred to herein which have been approved
by the State Investment Commission;
(2) The alternative
financial products shall include, without limitation, a variable product
and a fixed product;
(3) The Authorized
Companies (or an entity related thereto) must:
(i)
Be selected in accordance with the provisions of this chapter,
(ii) Covenant that all
employees covered under any plan authorized under this chapter
shall, at all times, be granted the unfettered right
to cancel, change, liquidate, amend or
interchange any investment contract or product
purchased in any such plan without such
employees incurring a financial penalty or fee of any
kind or nature imposed by contract, and
(iii) Be granted equal
access to all eligible employees;
(4) Procedures shall be
established to ensure that personalized information regarding
employees shall not be provided to third parties by
the Authorized Companies. "Personalized
Information" shall include, without limitation,
social security numbers, home addresses,
telephone numbers, amounts invested, medical or
disability information; and
(5) The Authorized
Companies shall be permitted to offer any financial product referred
to herein which shall have been approved by the State
Investment Commission. Notwithstanding
any other provisions of this section (b), if the
department of administration determines that less
than three companies are qualified to be engaged as
Authorized Companies because of:
(a) insufficient experience
in the administration of deferred compensation plans; or
(b) a failure to assure
adherence to the guidelines set forth herein, the state may engage
less than three Authorized Companies.
(6) If any provision of
this section or the application thereof to any person or
circumstances is held invalid, that invalidity shall
not affect other provisions or applications of
the section which can be given effect without the
invalid provision or application, and to this end
the provisions of this section are declared to be
severable.
SECTION
34. Sections 37-2.2-2, 37-2.2-3.1 and 37-2.2-4 of the General Laws in Chapter
37-2.2 entitled
"Disability Business Enterprises" are hereby amended to read as
follows:
37-2.2-2.
Definitions. -- As used in this chapter, the following words and
phrases shall
have the following meanings unless the context shall
indicate another or different meaning or
intent:
(1) "Persons with
disabilities" or "person with a disability" shall mean any
individual
who has a physical or mental impairment which
constitutes a substantial barrier to employment as
certified by the department of behavioral
healthcare, developmental disabilities and hospitals
human services or the department of mental health,
retardation, and hospitals.
(2)
"Products" shall mean any goods or merchandise provided by persons
with
disabilities if not less than sixty percent (60%) of
the work hours or direct labor required for the
products are performed by persons with disabilities.
(3)
"Rehabilitation facility" or "rehabilitation facilities"
shall mean a facility which is
operated for the primary purpose of providing
vocational rehabilitation services to and gainful
employment for persons with disabilities. The
rehabilitation services, listed below, may be
provided directly or by the facility's parent
corporation. The facility must provide singly or in
combination one or more of the following services for
persons with disabilities:
(i)
Comprehensive rehabilitation services which shall include under one management:
medical, psychological, social, and vocational
services;
(ii) Testing, fitting,
or training in the use of prosthetic and orthotic services;
(iii) Pre-vocational
evaluation or recreational therapy;
(iv) Physical and
occupational therapy;
(v) Speech and hearing
services;
(vi) Psychological and
social services;
(vii) Evaluation;
(viii) Personal and
work adjustment;
(ix) Vocational
training in combination with other rehabilitation services;
(x) Evaluation or
control of special disabilities; and
(xi) Transitional or
long-term employment for persons who have severe disabilities and
cannot be readily absorbed into the competitive labor
market.
(4)
"Services" shall mean any services provided by persons with
disabilities if not less
than sixty percent (60%) of the work hours or direct
labor required for the services are performed
by persons with disabilities.
(5) "Small
disadvantaged businesses owned and controlled by persons with disabilities
"
shall mean small business concern, which is at least
fifty-one percent (51%) owned by one or
more person(s) with disabilities or, in the case of a
publicly owned business, at least fifty-one
percent (51%) of the stock of which is owned by one or
more disabled person, whose
management and daily business operations are
controlled by one or more person(s) with
disabilities, and have fifty or fewer employees.
(6) "A physical or
mental impairment" shall mean any physiological disorder or
condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body
systems: neurological; musculoskeletal; special sense
organs; respiratory, including speech
organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and
lymphatic; skin; and
endocrine; or any mental psychological disorder, such
as mental retardation, organic brain
syndrome, emotional or mental illness, and specific
learning disabilities.
(7) "Vocational
rehabilitation services" shall mean any goods and services including
diagnostic and related services necessary to render a
person with a disability fit to engage in a
gainful occupation and services to the families of
persons with disabilities when those services
will contribute substantially to the rehabilitation of
those individuals.
37-2.2-3.1. Policy
and applicability. – (a) It is the policy of the state of
that small disadvantaged disability businesses shall
have the maximum opportunity to participate
in the performance of procurements and projects as
outlined in this chapter. This chapter shall
apply to any and all state purchasing, including, but
not limited to, the procurement of goods and
services, construction projects, or contracts funded
in whole or in part by state funds, or funds
which, in accordance with a federal grant or
otherwise, the state expends or administers or in
which the state is a signatory to the construction
contract.
(b) The director
of administration, in consultation with the governor's commission on
disabilities, is authorized and directed to establish
rules and regulations for awarding contracts to
small disadvantaged businesses owned and controlled by
persons with disabilities in the
procurement of goods, services, construction projects,
or contracts funded in whole or in part by
state funds, in accordance with section 37-2-9(b)(14).
37-2.2-4.
Disability business enterprise committee -- Membership -- Duties. --
(a)
There is hereby established within the governor's
commission on disabilities a committee,
consisting of nine (9) persons, to be known as the
disability business enterprise committee.
(b) The committee,
shall consist of the director of the department of human services or
his or her designee; the director of the department of
behavioral healthcare, developmental
disabilities and hospitals mental health, retardation, and hospitals or
his or her designee; the
director of the economic development corporation or
his or her designee; the state purchasing
agent or his or her designee; and two (2) persons with
disabilities and three (3) representatives of
rehabilitation facilities in the state of
commission on disabilities. All members of the
committee shall serve without compensation. Of
the number appointed originally under this chapter,
one-third (1/3) shall be appointed for a term
of one year; one-third (1/3) shall be appointed for a
term of two (2) years; and one-third (1/3)
shall be appointed for a term of three (3) years.
Thereafter, vacancies created by expiration of
terms shall be filled with appointments for terms of
three (3) years. Members whose terms expire
may be reappointed to succeed themselves. The
chairperson of the governor's commission on
disabilities or his or her designee shall serve as
chairperson of the committee. The members of the
committee shall elect a vice chairperson and other
officers as are necessary from amongst
themselves annually.
(c) The governor's
commission on disabilities shall promulgate such rules and
regulations, in accordance with the Administrative
Procedures Act, chapter 35 of title 42, as are
necessary and proper to ensure responsible management,
operation, oversight of the committee,
and ensure that all facilities, both nonprofit and
profit-making, referred to in sections 37-2.2-3
and 37-2.2-3.1 meet all applicable government
regulations and standards, including those of the
purchasing officer with regard to developing a program
which involves small disadvantaged
businesses as contractors, section 37-2-9(b)(14).
(d) The committee shall
establish a procedure to certify small disadvantaged disability
businesses and rehabilitation facilities that qualify
under their regulation for a preference under
section 37-2.2-3 or 37-2.2-3.1 and submit a list of
the certified small disadvantaged disability
businesses and rehabilitation facilities and the
products and services provided by them to the chief
purchasing officer at least once a year. The chief
purchasing officer shall utilize that list in the
program which involves small disadvantaged businesses
as contractors established by section
subsection
37-2-9(b)(14).
SECTION
35. Section 37-2.3-3 of the General Laws in Chapter 37-2.3 entitled
"Government Oversight
and Fiscal Accountability Review Act" is hereby amended to read as
follows:
37-2.3-3.
Definitions. -- As used in this chapter, the following terms shall have
the
following meanings:
(1) "Agency"
includes any executive office, department, division, board, commission, or
other office or officer in the executive branch of the
government.
(2) "Person"
includes an individual, institution, federal, state, or local governmental
entity, or any other public or private entity.
(2)(3)
"Private contractor employee" includes a worker directly employed by
a private
contractor, as defined in this section, as well as an
employee of a subcontractor or an independent
contractor that provides supplies or services to a
private contractor.
(3)
"Services" includes, with respect to a private contractor, all
aspects of the provision of
services provided by a private contractor pursuant to
a privatization contract, or any services
provided by a subcontractor of a private contractor.
(4)
"Person" includes an individual, institution, federal, state, or
local governmental
entity, or any other public or private entity.
(5)(4)
"Privatization or privatization contract" means an agreement or
combination or
series of agreements by which a non-governmental
person or entity agrees with an agency to
provide services expected to result in a fiscal year
expenditure of at least one hundred fifty
thousand dollars ($150,000) (as of July 1 each year,
the amount shall increase to reflect increases
in the consumer price index calculated by the United
States Bureau of Labor Statistics for all
urban consumers nationally during the most recent
twelve (12) month period for which data are
available or more), which would contract services
which are substantially similar to and in
replacement of work normally performed by an employee
of an agency as of June 30, 2007.
"Privatization"
or "privatization contract" excludes:
(i)
Contracts resulting from an emergency procurement;
(ii) Contracts with a
term of one hundred eighty (180) days or less on a non-recurring
basis;
(iii) Contracts to
provide highly specialized or technical services not normally provided
by state employees;
(iv) Any subsequent
contract which:
(a) renews or rebids a
prior privatization contract which existed before June 30, 2007; or
(b) renews or rebids a
privatization contract that was subject to the provisions of this
statute after its enactment; and
(v) An agreement to
provide legal services or management consulting services.
(6)(5)
"Privatization contractor" is any contractor, consultant,
subcontractor, independent
contractor or private business owner that contracts
with a state agency to perform services in
accordance with the definition of a "privatizaton privatization contract."
(6)
"Services" includes, with respect to a private contractor, all
aspects of the provision of
services provided by a private contractor pursuant to
a privatization contract, or any services
provided by a subcontractor of a private contractor.
SECTION
36. Section 37-6-23 of the General Laws in Chapter 37-6 entitled
"Acquisition
of Land" is hereby
amended to read as follows:
37-6-23.
Calculation of interest and payment of judgment. – (a) If a
petition for
assessment of damages is filed, then the property owner
shall be entitled to interest on the fair
market value of the property taken by the acquiring
authority from the date it is condemned to the
day that judgment enters. Interest thereon shall be
calculated on the fair market value of the
property which exceeds the amount offered by the
acquiring authority pending final disposition of
the court proceedings. Upon a recovery of final
judgment, an execution shall be issued therefor
and shall be forthwith paid by the general treasurer
out of any funds appropriated and available
therefor. Interest on any judgment shall be computed daily to
the date of payment and shall be
compounded annually. Interest shall be calculated as
follows:
(1) Where the period
for which interest is owed does not exceed one year, interest shall
be calculated for such period form the date of taking
at an annual rate equal to the weekly average
one year constant maturity Treasury yield, as
published by the Board of Governors of the Federal
Reserve System, for the calendar week preceding the
date of the taking.
(2) Where the period
for which interest is owed is more than one year, interest for the
first year shall be calculated in accordance with paragraph
subdivision (1) of this section and
interest for each additional year shall be calculated
on the combined amount of the principal and
accrued interest at an annual rate equal to the weekly
average one year constant maturity Treasury
yield, as published by the Board of Governors of the
Federal Reserve System, for the calendar
week preceding the beginning of each additional year.
(b) In the event
the one year constant maturity Treasury yield is converted to a different
standard reference base or otherwise revised, the
determination of interest shall be made with the
use of such converted or revised standard reference
base. In the event the Board of Governors of
the Federal Reserve System ceases to publish a
converted or revised rate, interest shall be
calculated at a rate published by the United States
Treasury Department, or other comparable
entity, that establishes a rate reflecting or best
approximating the market conditions for one year
investments at the time of the taking and each
additional year that interest is owed pursuant to
paragraph subdivision
(2) above.
SECTION
37. Section 37-21-3 of the General Laws in Chapter 37-21 entitled
"Minority
Business Development
Compliance Act" is hereby amended to read as follows:
37-21-3. Use of
minority business development compliance funding. -- (a) All sums
appropriated for minority business development
compliance account shall be used for the primary
purpose of developing the monitoring and compliance
functions relating to equal opportunity
laws and the state's minority business enterprise
programs. The purpose of the program shall be to
guarantee maximum minority business enterprise and
minority workforce participation on state
and federally funded construction projects, and to
assure the fullest possible implementation of
the state's minority business enterprise procurement
program.
(b) Funds shall be used
for compliance analysis, on-site monitoring, special studies,
outreach to the minority business enterprise
community, training and apprenticeship programs,
general administration of the program, and related
purposes.
(c) [Deleted by P.L.
1997, ch. 30, art. 27, section 1.]
SECTION
38. Sections 37-23-2 and 37-23-4 of the General Laws in Chapter 37-23
entitled "Safety
Awareness Programs" are hereby amended to read as follows:
37-23-2. Board of
safety awareness created. – (a) There is hereby established,
within
the Division of Professional Regulation, a Board of
Safety Awareness, hereinafter referred to as
"the board", which shall at all times
consist of nine (9) qualified electors of the state, all of whom
shall have successfully completed the OSHA ten (10)
hour construction safety program.
(b) Annually, on
or before January 31st, the director of labor and training shall appoint a
member or members of the board to succeed the member
or members whose term is at that time
expiring who shall serve for three (3) years or until
his/her successor is appointed and qualified.
Any vacancy, which may occur in the board from any
cause, shall be filled by the director for the
remainder of the unexpired term. In the interest of
maintaining consistency, the nine (9) members
initially appointed to the Board of Safety Awareness
will serve staggered term as follows: the
three (3) officers will serve a three (3) year term;
three (3) members will serve a two (2) year
term; and three (3) members will serve a one (1) year
term.
(c) The board
shall elect from its membership a chairperson, who shall have obtained at
least a minimum of the thirty (30) hour construction
safety program as it pertains to the
construction sector under OSHA regulations 1926.
(d) The board
shall also elect from its membership a vice-chairperson and a secretary,
both of whom shall have successfully completed at
least a minimum of the thirty (30) hour
construction safety program as it pertains to the
construction sector under OSHA regulations
1926.
(e) The board
shall advise and assist the division of professional regulation on promoting
and promulgating such policies as may be necessary to
improve safety on construction worksites
subject to the approval of the director.
(f) The board may
recommend to the director of labor and training, the replacement of a
member who misses three (3) consecutive regularly
scheduled monthly meetings.
(g) The final
authority on all questions of procedure and parliamentary law not covered
by the rules/bylaws of this board or by the
Administrative Procedures Act of the State of
Island shall be Robert's Rules of Order.
(h) There shall
be a chief investigator for the division who shall have obtained at least a
minimum successful completion of the thirty (30) hour
construction safety program as it pertains
to the construction sector under OSHA regulations
1926. He or she shall be appointed by the
director of labor and training, upon recommendation
from the board of safety awareness, and the
position shall be in the classified service.
(i)
There shall be a secretary for the safety awareness section who is in the
classified
service.
37-23-4.
Exemptions. -- The following individuals are exempt from the
requirements of
the OSHA ten (10) hour construction safety program:
(a)(1) Law
enforcement officers dealing with traffic control and/or jobsite security;
(b)(2)
All relevant federal, state and municipal government inspectors.
SECTION
39. Section 37-24-3 of the General Laws in Chapter 37-24 entitled "The
Green
Buildings Act" is
hereby amended to read as follows:
37-24-3.
Definitions. -- For purposes of this chapter, the following definitions
shall
apply:
(1)
"Construction" means the process of building, altering, repairing,
improving, or
demolishing forty percent (40%) or more of any public
structures or buildings, or other public
improvements of any kind to any public real property.; and
(1)(2)
"Department" means the department of administration.
(3) "Equivalent
standard" means a high-performance green building standard other than
LEED, which provides a rating system or measurement
tool, that, when used, leads to outcomes,
similar or equivalent to, LEED, outcomes, in terms of
green building performance; current
accepted equivalent standards include green globes,
Northeast collaborative high-performance
schools protocol; or other equivalent high-performance
green building standard accepted by the
department;
(4)
"Construction" means the process of building, altering, repairing,
improving, or
demolishing forty percent (40%) or more of any public
structures or buildings, or other public
improvements of any kind to any public real property;
and
(2)(4)
"LEED certified standard" means the current version of the United
States Green
Building Council Leadership in Energy and
Environmental Design green building rating standard
referred to as LEED certified.
(5) "Major
facility project" means:
(i)
A building construction project larger than five thousand (5,000) gross square
feet of
occupied or conditioned space; or
(ii) A building
renovation project is larger than ten thousand (10,000) gross square feet of
occupied or conditioned space.
(6) "Public
agency" means every state office, board, commission, committee, bureau,
department or public institution of higher education.
(5)(7)
"Public facility" means any public institution, public facility,
public equipment, or
any physical asset owned, leased or controlled in
whole or in part by this state or any agency or
political subdivision thereof; .
(6) "Major
facility project" means:
(i)
A building construction project larger than five thousand (5,000) gross square
feet of
occupied or conditioned space; or
(ii) A building
renovation project is larger than ten thousand (10,000) gross square feet of
occupied or conditioned space.
(7) "Public
agency" means every state office, board, commission, committee, bureau,
department or public institution of higher education.
SECTION
40. Section 38-1-1.1 of the General Laws in Chapter 38-1 entitled "Custody
and Protection" is
hereby amended to read as follows:
38-1-1.1.
Definitions. -- For the purpose of this chapter:
(a)(1)
"Agency" or "public body" shall mean any executive,
legislative, judicial,
regulatory, administrative body of the state, or any
political subdivision thereof; including, but
not limited to, any department, division, agency,
commission, board, office, bureau, authority,
any school, fire, or water district, or other agency
of Rhode Island state or local government
which exercises governmental functions, or any other
public or private agency, person,
partnership, corporation, or business entity acting on
behalf of any public agency.
(b)(2)
"Public business" means any matter over which the public body has
supervision,
control, jurisdiction, or advisory power.
(c)(3)
"Public record" or "public records" shall mean all
documents, papers, letters,
maps, books, tapes, photographs, films, sound
recordings, or other material regardless of physical
form or characteristics made or received pursuant to
law or ordinance or in connection with the
transaction of official business by any agency.
(d)(4)
"Supervisor of the regulatory body" means the chief or head of a
section having
enforcement responsibility for a particular statute or
set of rules and regulations within a
regulatory agency.
SECTION
41. Sections 38-2-2 and 38-2-3 of the General Laws in Chapter 38-2 entitled
"Access to Public
Records" are hereby amended to read as follows:
38-2-2.
Definitions. -- As used in this chapter:
(1) "Agency"
or "public body" shall mean any executive, legislative, judicial,
regulatory,
or administrative body of the state, or any political
subdivision thereof; including, but not limited
to, any department, division, agency, commission,
board, office, bureau, authority, any school,
fire, or water district, or other agency of Rhode
Island state or local government which exercises
governmental functions, any authority as defined in
section 42-35-1(b), or any other public or
private agency, person, partnership, corporation, or
business entity acting on behalf of and/or in
place of any public agency.
(2) "Chief
administrative officer" means the highest authority of the public body as
defined in subsection (a) of this section.
(3) “Prevailing
plaintiff” means and shall include those persons and entities deemed
prevailing parties pursuant to 42 U.S.C. section 1988.
(3)(4)
"Public business" means any matter over which the public body has
supervision,
control, jurisdiction, or advisory power.
(4)(5) (i) "Public record" or "public records"
shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound
recordings, magnetic or other tapes, electronic data
processing records, computer stored data (including
electronic mail messages, except specifically
for any electronic mail messages of or to elected
officials with or relating to those they represent
and correspondence of or to elected officials in their
official capacities) or other material
regardless of physical form or characteristics made or
received pursuant to law or ordinance or in
connection with the transaction of official business
by any agency. For the purposes of this
chapter, the following records shall not be deemed
public:
(A) (I) All records
which are identifiable to an individual applicant for benefits, client,
patient, student, or employee, including, but not
limited to, personnel, medical treatment, welfare,
employment security, pupil records, all records
relating to a client/attorney relationship and to a
doctor/patient relationship, and all personal or
medical information relating to an individual in
any files, including information relating to medical
or psychological facts, personal finances,
welfare, employment security, student performance, or
information in personnel files maintained
to hire, evaluate, promote, or discipline any employee
of a public body; provided, however, with
respect to employees, the name, gross salary, salary
range, total cost of paid fringe benefits, gross
amount received in overtime, and other remuneration in
addition to salary, job title, job
description, dates of employment and positions held
with the state or municipality, work location,
business telephone number, the city or town of
residence, and date of termination shall be public.
(II) Notwithstanding
the provisions of this section, or any other provision of the general
laws to the contrary, the pension records of all
persons who are either current or retired members
of the retirement systems established by the general
laws as well as all persons who become
members of those retirement systems after June 17,
1991 shall be open for public inspection.
"Pension records" as used in this section
shall include all records containing information
concerning pension and retirement benefits of current
and retired members of the retirement
systems established in title 8, title 36, title 42,
and title 45 and future members of said systems,
including all records concerning retirement credits
purchased and the ability of any member of
the retirement system to purchase retirement credits,
but excluding all information regarding the
medical condition of any person and all information
identifying the member's designated
beneficiary or beneficiaries.
(B) Trade secrets and
commercial or financial information obtained from a person, firm,
or corporation which is of a privileged or
confidential nature.
(C) Child custody and
adoption records, records of illegitimate births, and records of
juvenile proceedings before the family court.
(D) All records maintained
by law enforcement agencies for criminal law enforcement
and all records relating to the detection and
investigation of crime, including those maintained on
any individual or compiled in the course of a criminal
investigation by any law enforcement
agency. Provided, however, such records shall not be
deemed public only to the extent that the
disclosure of the records or information:
(a) could reasonably be
expected to interfere with investigations of criminal activity or
with enforcement proceedings,;
(b) would deprive a
person of a right to a fair trial or an impartial adjudication,;
(c) could reasonably be
expected to constitute an unwarranted invasion of personal
privacy,;
(d) could reasonably be
expected to disclose the identity of a confidential source,
including a state, local, or foreign agency or
authority, or any private institution which furnished
information on a confidential basis, or the
information furnished by a confidential source,;
(e) would disclose
techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions; or
(f) could reasonably be
expected to endanger the life or physical safety of any individual.
Records relating to management and direction of a law
enforcement agency and records or reports
reflecting the initial arrest of an adult and the
charge or charges brought against an adult shall be
public.
(E) Any records which
would not be available by law or rule of court to an opposing
party in litigation.
(F) Scientific and
technological secrets and the security plans of military and law
enforcement agencies, the disclosure of which would
endanger the public welfare and security.
(G) Any records which
disclose the identity of the contributor of a bona fide and lawful
charitable contribution to the public body whenever
public anonymity has been requested of the
public body with respect to the contribution by the
contributor.
(H) Reports and
statements of strategy or negotiation involving labor negotiations or
collective bargaining.
(I) Reports and
statements of strategy or negotiation with respect to the investment or
borrowing of public funds, until such time as those
transactions are entered into.
(J) Any minutes of a
meeting of a public body which are not required to be disclosed
pursuant to chapter 46 of title 42.
(K) Preliminary drafts,
notes, impressions, memoranda, working papers, and work
products; provided, however, any documents submitted
at a public meeting of a public body shall
be deemed public.
(L) Test questions,
scoring keys, and other examination data used to administer a
licensing examination, examination for employment or
promotion, or academic examinations;
provided, however, that a person shall have the right
to review the results of his or her
examination.
(M) Correspondence of
or to elected officials with or relating to those they represent and
correspondence of or to elected officials in their
official capacities.
(N) The contents of
real estate appraisals, engineering, or feasibility estimates and
evaluations made for or by an agency relative to the
acquisition of property or to prospective
public supply and construction contracts, until such
time as all of the property has been acquired
or all proceedings or transactions have been
terminated or abandoned; provided the law of
eminent domain shall not be affected by this
provision.
(O) All tax returns.
(P) All investigatory
records of public bodies, with the exception of law enforcement
agencies, pertaining to possible violations of
statute, rule, or regulation other than records of final
actions taken provided that all records prior to
formal notification of violations or noncompliance
shall not be deemed to be public.
(Q) Records of
individual test scores on professional certification and licensing
examinations; provided, however, that a person shall
have the right to review the results of his or
her examination.
(R) Requests for
advisory opinions until such time as the public body issues its opinion.
(S) Records, reports,
opinions, information, and statements required to be kept
confidential by federal law or regulation or state
law, or rule of court.
(T) Judicial bodies are
included in the definition only in respect to their administrative
function provided that records kept pursuant to the provisions
of chapter 16 of title 8 are exempt
from the operation of this chapter.
(U) Library records
which by themselves or when examined with other public records,
would reveal the identity of the library user
requesting, checking out, or using any library
materials.
(V) Printouts from TELE
-- TEXT devices used by people who are deaf or hard of
hearing or speech impaired.
(W) All records
received by the insurance division of the department of business
regulation from other states, either directly or
through the National Association of Insurance
Commissioners, if those records are accorded
confidential treatment in that state. Nothing
contained in this title or any other provision of law
shall prevent or be construed as prohibiting
the commissioner of insurance from disclosing
otherwise confidential information to the
insurance department of this or any other state or
country, at any time, so long as the agency or
office receiving the records agrees in writing to hold
it confidential in a manner consistent with
the laws of this state.
(X) Credit card account
numbers in the possession of state or local government are
confidential and shall not be deemed public records.
(Y) Any documentary
material, answers to written interrogatories, or oral testimony
provided under any subpoena issued under
(ii) However, any
reasonably segregable portion of a public record
excluded by this
section shall be available for public inspections
after the deletion of the information which is the
basis of the exclusion, if disclosure of the segregable portion does not violate the intent of this
section.
(5)(6)
"Supervisor of the regulatory body" means the chief or head of a
section having
enforcement responsibility for a particular statute or
set of rules and regulations within a
regulatory agency.
(6) "Prevailing
plaintiff" means and shall include those persons and entities deemed
prevailing parties pursuant to 42 U.S.C. section 1988.
38-2-3. Right to
inspect and copy records -- Duty to maintain minutes of meetings --
Procedures for access. -- (a) Except as provided in section 38-2-2(4) 38-2-2(5),
all records
maintained or kept on file by any public body, whether
or not those records are required by any
law or by any rule or regulation, shall be public
records and every person or entity shall have the
right to inspect and/or copy those records at such
reasonable time as may be determined by the
custodian thereof.
(b) Each public body
shall make, keep, and maintain written or recorded minutes of all
meetings.
(c) Each public body
shall establish procedures regarding access to public records but
shall not require written requests for public
information available pursuant to R.I.G.L. section 42-
35-2 or for other documents prepared for or readily
available to the public.
(d) If a public record
is in active use or in storage and, therefore, not available at the time
a person requests access, the custodian shall so
inform the person and make an appointment for
the citizen to examine such records as expeditiously
as they may be made available.
(e) Any person or
entity requesting copies of public records may elect to obtain them in
any and all media in which the public agency is
capable of providing them. Any public body
which maintains its records in a computer storage
system shall provide any data properly
identified in a printout or other reasonable format,
as requested.
(f) Nothing in this
section shall be construed as requiring a public body to reorganize,
consolidate, or compile data not maintained by the
public body in the form requested at the time
the request to inspect the public records was made
except to the extent that such records are in an
electronic format and the public body would not be
unduly burdened in providing such data.
(g) Nothing in this
section is intended to affect the public record status of information
merely because it is stored in a computer.
(h) No public records
shall be withheld based on the purpose for which the records are
sought.
SECTION
42. Sections 38-3-2 and 38-3-3 of the General Laws in Chapter 38-3 entitled
"Public Records
Administration" are hereby amended to read as follows:
38-3-2.
Definitions. -- For the purpose of this chapter:
(1) "Agency"
or "public body" shall mean any executive, legislative, judicial,
regulatory,
administrative body of the state, or any political
subdivision thereof; including, but not limited to,
any department, division, agency, commission, board,
office, bureau, authority, any school, fire,
or water district, or other agency of state or local
government which exercises governmental
functions, or any other public or private agency,
person, partnership, corporation, or business
entity acting on behalf of any public agency.
(2)
"Program" shall mean the public records administration program of the
secretary of
state.
(3) "Public
record" or "public records" shall mean all documents, papers,
letters, maps,
books, tapes, photographs, films, sound recordings, or
other material regardless of physical form
or characteristics made or received pursuant to law or
ordinance or in connection with the
transaction of official business by any agency.
(4) "Public
records repository" shall mean the establishment maintained by the program
for preservation of those public records determined by
the program to have permanent value
warranting their continued preservation and which has
been accepted by the program for transfer
to its custody.
(2)(5)
"Records center" shall mean an establishment maintained by the
program for the
storage, processing, servicing, and security of public
records that must be retained for varying
periods of time but need not be retained in an
agency's office equipment or space.
(3)(6)
"Records control schedule" shall mean the document establishing the
official
retention, maintenance, and disposal requirements for
a series or type of record based on
administrative, legal, fiscal, and historical values
for the scheduled records.
(4)
"Program" shall mean the public records administration program of the
secretary of
state.
(5) "Public
record" or "public records" shall mean all documents, papers,
letters, maps,
books, tapes, photographs, films, sound recordings, or
other material regardless of physical form
or characteristics made or received pursuant to law or
ordinance or in connection with the
transaction of official business by any agency.
(6) "Public
records repository" shall mean the establishment maintained by the program
for preservation of those public records determined by
the program to have permanent value
warranting their continued preservation and which has
been accepted by the program for transfer
to its custody.
38-3-3. Public
records administration program. -- (1)(a) The public
records
administration program shall be organized as deemed
necessary by the secretary of state for the
proper discharge of its duties and responsibilities
under this chapter. All personnel, furnishings,
equipment, finances, property, and contractual
arrangements of the public records administration
shall be the responsibility of the secretary of state.
(2)(b)
There shall be a public records advisory commission consisting of seventeen
(17)
members, one of whom shall be a member of the senate
chosen by the president of the senate, one
of whom shall be a member of the house of
representatives chosen by the speaker of the house,
six (6) of whom shall be chosen by the governor, and
seven (7) of whom shall be chosen by the
secretary of state. The secretary of state or designee
shall serve as a permanent member of the
commission. The state archivist shall serve as a
permanent member of the commission. The
appointments shall consist of persons who are
qualified by training and experience with proven
interest in historical records and public records
management. In the first instance, five (5)
members shall be appointed for a one year term, two
(2) by the governor and three (3) by the
secretary of state; five (5) members shall be
appointed for a two (2) year term, one by the speaker
of the house, one by the president of the senate, two
(2) by the governor, and one by the secretary
of state; five (5) members shall be appointed for a
three (3) year term, two (2) by the governor,
and three (3) by the secretary of state. The members
shall hold office until July 1, in the years in
which their respective terms end. Thereafter, prior to
July 1, successors shall be appointed to the
commission to the members of the commission whose
terms expired. Vacancy of a member shall
be filled by appointment by the corresponding authority
for the remainder of the unexpired terms.
(3)(c)
The secretary of state or designee shall serve as the chairperson of the
commission. The state archivist or designee shall
serve as the secretary of the commission with
voting rights.
(4)(d) It
shall be the duty of the public records advisory commission to provide
professional and technical assistance to the public
records administration program, the state
archives, and the local governments of the state in
all matters relating to the administration of
public records. Members of the commission shall serve
without pay.
(5)(e)
The secretary of state may appoint an administrator of the program and shall
establish his or her qualifications other than the
professional competence required. The
administrator shall coordinate, direct, and administer
the activities and responsibilities of the
program. The administrator shall serve at the pleasure
of the secretary of state.
(6)(f)
The program may make and enter into contracts and agreements with other
agencies, organizations, associations, corporations,
and individuals, or federal agencies as it may
determine are necessary, expedient, or incidental to
the performance of its duties or the execution
of its powers under this chapter.
(7)(g)
The program shall adopt rules and regulations deemed necessary to carry out its
duties and responsibilities under this chapter which
rules shall be binding on all agencies and
persons affected thereby. The willful violation of any
of the rules and regulations adopted by the
program shall constitute a misdemeanor.
(8)(h)
The program may accept gifts, grants, bequests, loans, and endowments for
purposes not inconsistent with its responsibilities
under this chapter.
SECTION
43. This act shall take effect upon passage.
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LC01148/SUB A
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