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ARTICLE 3 |
RELATING TO GOVERNMENT REFORM
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SECTION 1. Sections 5-65-5, 5-65-7 and 5-65-9 of the General Laws in Chapter 5-65 |
entitled "Contractors' Registration and Licensing Board" are hereby amended as follows: |
5-65-5. Registered application. |
(a) A person who wishes to register as a contractor shall submit an application, under oath, |
upon a form prescribed by the board. The application shall include: |
(1) Workers' compensation insurance account number, or company name if a number has |
not yet been obtained, if applicable; |
(2) Unemployment insurance account number, if applicable; |
(3) State withholding tax account number, if applicable; |
(4) Federal employer identification number, if applicable, or if self-employed and |
participating in a retirement plan; |
(5) The individual(s) name and business address and residential address of: |
(i) Each partner or venturer, if the applicant is a partnership or joint venture; |
(ii) The owner, if the applicant is an individual proprietorship; |
(iii) The corporation officers and a copy of corporate papers filed with the Rhode Island |
secretary of state's office, if the applicant is a corporation; |
(iv) Post office boxes are not acceptable as the only address.; |
(6) A signed affidavit subject to the penalties of perjury of a statement as to whether or not |
the applicant has previously applied for registration, or is or was an officer, partner, or venturer of |
an applicant who previously applied for registration and if so, the name of the corporation, |
partnership, or venture.; |
(7) Valid insurance certificate for the type of work being performed. |
(b) A person may be prohibited from registering or renewing a registration as a contractor |
under the provisions of this chapter or his or her registration may be revoked or suspended if he or |
she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts, and/or |
administrative agency against him or her relating to their his or her work as a contractor, and |
provided, further, that an affidavit subject to the penalties of perjury a statement shall be provided |
to the board attesting to the information herein. |
(c) Failure to provide or falsified information on an application, or any document required |
by this chapter, is punishable by a fine not to exceed ten thousand dollars ($10,000) and/or |
revocation of the registration. |
(d) Applicant must be at least eighteen (18) years of age. |
(e) Satisfactory proof shall be provided to the board evidencing the completion of five (5) |
hours of continuing education units which will be required to be maintained by residential |
contractors as a condition of registration as determined by the board pursuant to established |
regulations. |
(f) An affidavit A certification in a form issued by the board shall be completed upon |
registration or license or renewal to assure contractors are aware of certain provisions of this law |
and shall be signed by the registrant before a registration can be issued or renewed. |
5-65-7. Insurance required of contractors. |
(a) Throughout the period of registration, the contractor shall have in effect public liability |
and property damage insurance covering the work of that contractor which shall be subject to this |
chapter in not less than the following amount: five hundred thousand dollars ($500,000) combined |
single limit, bodily injury and property damage. |
(b) In addition, all contractors shall have in effect worker's workers’ compensation |
insurance as required under chapter 29 of title 28. Failure to maintain required insurance shall not |
preclude claims from being filed against a contractor. |
(c) The contractor shall provide satisfactory evidence to the board at the time of registration |
and renewal that the insurance required by subsection (a) of this section has been procured and is |
in effect. Failure to maintain insurance shall invalidate registration and may result in a fine to the |
registrant and/or suspension or revocation of the registration. |
5-65-9. Registration fee. |
(a) Each applicant shall pay to the board: |
(1) For original registration or renewal of registration, a fee of two hundred dollars ($200). |
(2) A fee for all changes in the registration, as prescribed by the board, other than those |
due to clerical errors. |
(b) All fees and fines collected by the board shall be deposited as general revenues to |
support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all fees |
and fines collected by the board shall be deposited into a restricted receipt account for the exclusive |
use of supporting programs established by this chapter. |
(c) On or before January 15, 2018, and annually thereafter, the board shall file a report with |
the speaker of the house and the president of the senate, with copies to the chairpersons of the house |
and senate finance committees, detailing: |
(1) The total number of fines issued, broken down by category, including the number of |
fines issued for a first violation and the number of fines issued for a subsequent violation; |
(2) The total dollar amount of fines levied; |
(3) The total amount of fees, fines, and penalties collected and deposited for the most |
recently completed fiscal year; and |
(4) The account balance as of the date of the report. |
(d) Each year, the executive director department of business regulation shall prepare a |
proposed budget to support the programs approved by the board. The proposed budget shall be |
submitted to the board for its review. A final budget request shall be submitted to the legislature as |
part of the capital projects and property management annual request department of business |
regulation's annual request. |
(e) New or renewal registrations may be filed online or with a third-party approved by the |
board, with the additional cost incurred to be borne by the registrant. |
SECTION 2. Sections 5-84-1, 5-84-2, 5-84-3, 5-84-5, 5-84-6 and 5-84-7 of the General |
Laws in Chapter 5-84 entitled “Division of Design Professionals” are hereby amended as follows: |
The title of Chapter 5-84 of the General Laws entitled “Division of Design Professionals” |
is hereby changed to “Division of Building, Design and Fire Professionals.” |
5-84-1. Short title. |
This chapter shall be known and may be cited as "The Division of Design Building, Design |
and Fire Professionals Act." |
5-84-2. Division of design building, design and fire professionals Division of building, |
design and fire professionals. |
There has been created within the department of business regulation, a division known as |
the division of design building, design and fire professionals. |
5-84-3. Division membership. |
The division consists of the membership of the office of the state fire marshal, the fire |
safety code board of review and appeal, the office of the state building commissioner, the board of |
registration for professional engineers, board of registration for professional land surveyors, board |
of examination and registration of architects, and the board of examiners of landscape architects, |
and the contractors’ registration and licensing board. |
5-84-5. Imposition of fines for unregistered activity. |
(a) In addition to any other provision of law, if a person or business practices or offers to |
practice architecture, engineering, land surveying, or landscape architecture in the state without |
being registered or authorized to practice as required by law, the boards within the division may |
recommend that the director of the department of business regulations, or the director’s designee, |
issue an order imposing a fine; provided, however, that this section shall not apply to issues between |
the boards referred to in subsection (a) of this section in this subsection as to the scope of a board |
registrant's authority to engage in work relating to another board's jurisdiction or to issues relating |
to ISDS designers licensed by the department of environmental management. |
(b) A fine ordered under this section may not exceed two thousand five hundred dollars |
($2,500) for each offense. In recommending a fine, the board shall set the amount of the penalty |
imposed under this section after taking into account factors, including the seriousness of the |
violation, the economic benefit resulting from the violation, the history of violations, and other |
matters the board considers appropriate. |
(c) Before recommending that a fine be order ordered under this section, the board shall |
provide the person or business written notice and the opportunity to request, with thirty (30) days |
of issuance of notice by the board, a hearing on the record. |
(d) A person or business aggrieved by the ordering of a fine under this section may file an |
appeal with the superior court for judicial review of the ordering of a fine. |
(e) If a person of or business fails to pay the fine within thirty (30) days after entry of an |
order under subsection (a) of this section, or if the order is stayed pending an appeal, within ten |
(10) days after the court enters a final judgment in favor of the department of an order appealed |
under subsection (d) of this section, the director may commence a civil action to recover the |
amount of the fine. |
5-84-6. Cease and Desist Authority. |
If the director has reason to believe that any person, firm, corporation, or association is |
conducting any activity under the jurisdiction of the division of design building, design and fire |
professionals including professional engineering, professional land surveying, architecture, and/or |
landscape architecture without obtaining a license or registration, or who after the denial, |
suspension, or revocation of a license or registration is conducting that business, the director, or the |
director’s designee, may, either on his or her own initiative or upon recommendation of the |
appropriate board, issue an order to that person, firm, corporation, or association commanding them |
to appear before the department at a hearing to be held not sooner than ten (10) days, nor later than |
twenty (20) days, after issuance of that order to show cause why the director, or the director’s |
designee, should not issue an order to that person to cease and desist from the violation of the |
provisions of this chapter and/or chapters 1, 8, 8.1, 51 and/or 51 65 of title 5 this title. That order |
to show cause may be served on any person, firm, corporation, or association named by any person |
in the same manner that a summons in a civil action may be served, or by mailing a copy of the |
order, certified mail, return receipt requested, to that person at any address at which that person has |
done business or at which that person lives. If during that hearing the director, or the director’s |
designee, is satisfied that the person is in fact violating any provision of this chapter, the director, |
or the director’s designee, may order that person, in writing, to cease and desist from that violation |
and/or impose an appropriate fine under § 5-84-5 or other applicable law and/or refer the matter to |
the attorney general for appropriate action under chapters 1, 8, 8.1, 51 and/or 51 65 of this title 5. |
All these hearings are governed in accordance with the administrative procedures act. If that person |
fails to comply with an order of the department after being afforded a hearing, the superior court |
for Providence county has jurisdiction upon complaint of the department to restrain and enjoin that |
person from violating chapters 1, 8, 8.1, 51, 65 and/or 84 of this title 5. |
5-84-7. Electronic applications for certificates of authorization. |
All applications to the division of design building, design and fire professionals for |
certificates of authorization shall be submitted electronically through the department's electronic- |
licensing system, unless special permission to apply in paper format is requested by the applicant |
and granted by the director or the director’s designee. |
SECTION 3. Sections 23-27.3-100.1.3, 23-27.3-107.3, 23-27.3-107.4 and 23-27.3-108.2 |
of the General Laws in Chapter 23-27.3 entitled “State Building Code” are hereby amended as |
follows: |
23-27.3-100.1.3. Creation of the state building code standards committee. |
(a) There is created as an agency of state government a state building code standards |
committee who that shall adopt, promulgate, and administer a state building code for the purpose |
of regulating the design, construction, and use of buildings or structures previously erected, in |
accordance with a rehabilitation building and fire code for existing buildings and structures |
developed pursuant to chapter 29.1 of this title, and to make any amendments to them as they, from |
time to time, deem necessary or desirable, the building code to include any code, rule, or regulation |
incorporated in the code by reference. |
(b) A standing subcommittee is made part of the state building code standards committee |
to promulgate and administer a state housing and property maintenance code for the purpose of |
establishing minimum requirements and standards and to regulate the occupancy and use of existing |
premises, structures, buildings, equipment, and facilities, and to make amendments to them as |
deemed necessary. |
(c) A joint committee, with membership as set forth in § 23-29.1-2(a) from the state |
building code standards committee, shall develop and recommend for adoption and promulgation, |
a rehabilitation building and fire code for existing buildings and structures, which code shall include |
building code elements to be administered by the state building code standards committee as the |
authority having jurisdiction over the elements. |
(d) The state building code standards committee shall be housed within the office of the |
state building commissioner. |
23-27.3-107.3. Appointment of personnel by state building commissioner. |
(a) The state building commissioner may appoint such other personnel as shall be necessary |
for the administration of the code. In the absence of a local building official or an alternate, as |
detailed in § 23-27.3-107.2, the commissioner shall assume the responsibility of the local building |
official and inspectors as required by § 23-27.3-107.4 and shall designate one of the following |
agents to enforce the code: |
(1) A member of the commissioner's staff who meets the qualifications of § 23-27.3-107.5 |
and is certified in accordance with § 23-27.3-107.6. |
(2) An architect or engineer contracted by the commissioner through the department of |
administration business regulation. |
(3) A building official who is selected from a list of previously certified officials or |
inspectors. |
(b) The salary and operating expenses for services provided in accordance with subsection |
(a)(1), (2), or (3) shall be reimbursed to the state by the city or town receiving the services and shall |
be deposited as general revenues. The attorney general shall be informed of any failure of the |
appropriate local authority to appoint a local building official to enforce the code in accordance |
with §§ 23-27.3-107.1 or 23-27.3-107.2. |
23-27.3-107.4. Qualifications and duties of the state building commissioner. |
(a) The state building commissioner shall serve as the executive secretary to the state |
building code standards committee. In addition to the state building commissioner's other duties as |
set forth in this chapter, the state building commissioner shall assume the authority for the purpose |
of enforcing the provisions of the state building code in a municipality where there is no local |
building official. |
(b) The state building commissioner shall be a member of the classified service, and for |
administrative purposes shall be assigned a position in the department of administration business |
regulation. Qualifications for the position of the state building commissioner shall be established |
in accordance with provisions of the classified service of the state, and shall include the provision |
that the qualifications include at least ten (10) years' experience in building or building regulations |
generally, and that the commissioner be an architect or professional engineer licensed in the state |
or a certified building official presently or previously employed by a municipality and having at |
least ten (10) years' experience in the building construction or inspection field. |
23-27.3-108.2. State building commissioner's duties. |
(a) This code shall be enforced by the state building commissioner as to any structures or |
buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction |
of the state or any of its departments, commissions, agencies, or authorities established by an act |
of the general assembly, and as to any structures or buildings or parts thereof that are built upon |
any land owned by or under the jurisdiction of the state. |
(b) Permit fees for the projects shall be established by the committee. The fees shall be |
deposited as general revenues. |
(c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001) |
percent (levy) of the total construction cost for each permit issued. The levy shall be limited to a |
maximum of fifty dollars ($50.00) for each of the permits issued for one and two (2) family |
dwellings. This additional levy shall be transmitted monthly to the building commission at the |
department of administration business regulation, and shall be used to staff and support the |
purchase or lease and operation of a web-accessible service and/or system to be utilized by the state |
and municipalities for uniform, statewide electronic plan review, permit management and |
inspection system and other programs described in this chapter. The fee levy shall be deposited as |
general revenues. |
(2) On or before July 1, 2013, the building commissioner shall develop a standard statewide |
process for electronic plan review, permit management and inspection. |
(3) On or before December 1, 2013, the building commissioner, with the assistance of the |
office of regulatory reform, shall implement the standard statewide process for electronic plan |
review, permit management and inspection. In addition, the building commissioner shall develop |
a technology and implementation plan for a standard web-accessible service and/or system to be |
utilized by the state and municipalities for uniform, statewide electronic plan review, permit |
management and inspection. |
(d) The building commissioner shall, upon request by any state contractor described in § |
37-2-38.1, review, and when all conditions for certification have been met, certify to the state |
controller that the payment conditions contained in § 37-2-38.1 have been met. |
(e) The building commissioner shall coordinate the development and implementation of |
this section with the state fire marshal to assist with the implementation of § 23-28.2-6. |
(f) The building commissioner shall submit, in coordination with the state fire marshal, a |
report to the governor and general assembly on or before April 1, 2013, and each April 1st |
thereafter, providing the status of the web-accessible service and/or system implementation and |
any recommendations for process or system improvement. |
SECTION 4. Sections 23-28.2-1, 23-28.2-5, 23-28.2-7, 23-28.2-14, 23-28.2-22, 23-28.2- |
23, 23-28.2-28 and 23-28.2-29 of Chapter 23-28.2 of the General Laws entitled “Division of Fire |
Safety” are hereby amended as follows: |
23-28.2-1. Establishment of division and office of the state fire marshal Establishment |
of office of the state fire marshal. |
There shall be a division an office of the state fire marshal within the department of public |
safety business regulation's division of building, design and fire professionals, the head of which |
division office shall be the state fire marshal. The state fire marshal shall be appointed by the |
governor with the advice and consent of the senate and shall serve for a period of five (5) years. |
During the term the state fire marshal may be removed from office by the governor for just cause. |
All authority, powers, duties and responsibilities previously vested in the division of fire safety are |
hereby transferred to the division office of the state fire marshal. |
23-28.2-5. Bomb disposal unit. |
(a) Within the division office of the state fire marshal, there shall be a bomb disposal unit |
(bomb squad), accredited by the FBI Federal Bureau of Investigation (FBI) as a bomb squad, |
whose duties it will be to handle and dispose of all hazardous devices suspect to be explosive or |
incendiary in construction which includes any weapons of mass destruction (WMD) that may be |
explosive or chemical in construction. |
(b) The State Fire Marshal shall appoint a bomb technician to supervise the operations of |
this unit and the technician must be certified by the FBI as a bomb technician. The bomb technician |
must ensure that all bomb technicians are trained and maintain certification, the bomb squad |
maintains accreditation, and ensures that all equipment belonging to the bomb squad is maintained |
and in operating condition at all times. The bomb technician must also provide to cities and towns |
and local businesses or any other organizations procedures in bomb threats, and procedures where |
explosive devices or suspect devices are located. |
(c) The State Fire Marshal shall appoint from the local communities volunteer assistant |
deputy state fire marshals, as bomb squad members only, to assist in carrying on the responsibilities |
of this unit. The volunteers, who must be available for immediate response when called upon, be |
available to participate in training sessions, shall be approved by their local fire or police chief, and |
must have their chief sign an agreement (memorandum of understanding) which that provides for |
their release during emergencies and training and assumes liability for any injuries that may occur |
to them. All bomb squad members shall operate only under the direction of the State Bomb Squad |
Commander or senior ranking Deputy State Fire Marshal who is certified as a bomb technician. |
The bomb squad may also request assistance from the local fire and police authorities when |
handling any explosive or incendiary device, WMD or post-incident investigations. |
23-28.2-7. Office of state fire marshal. |
The state fire marshal shall be provided adequate offices by the director of administration. |
through the department of business regulation. |
23-28.2-14. Enforcement. |
(a) Within the division office of the state fire marshal, there shall be an enforcement unit |
responsible for the initiation of criminal prosecution of or civil proceedings against any person(s) |
in violation of the state Fire Safety Code or failure to comply with an order to abate conditions that |
constitute a violation of the Fire Safety Code, chapters 28.1 – 28.39 of this title, and any rules or |
regulations added thereunder and/or the general public laws of the state as they relate to fires, fire |
prevention, fire inspections, and fire investigations. This unit will consist of the state fire marshal, |
chief deputy state fire marshal, chief of technical services, explosive technician, assistant explosive |
technicians, and the arson investigative staff, each of whom must satisfactorily complete at the |
Rhode Island state police training academy an appropriate course of training in law enforcement or |
must have previously completed a comparable course. To fulfill their responsibilities, this unit shall |
have and may exercise in any part of the state all powers of sheriffs, deputy sheriffs, town sergeants, |
chiefs of police, police officers, and constables. |
(b) The State Fire Marshal shall have the power to implement a system of enforcement to |
achieve compliance with the fire safety code, which shall include inspections as provided for in § |
23-28.2-20, the issuance of formal notices of violation in accordance with § 23-28.2-20.1, and the |
issuance of citations in a form approved by the State Fire Marshal and the Chief Judge of the District |
Court. The State Fire Marshal, and his or her designee(s) as outlined in this chapter, may use the |
above systems of enforcement individually or in any combination to enforce the State Fire Safety |
Code. |
(c) The State Fire Marshal and all persons designated specifically in writing by the State |
Fire Marshal shall have the power to issue the citations referenced in this chapter. |
(d) The following categories of violation of the Fire Safety Code that can be identified |
through inspection shall be considered criminal violations of the Fire Safety Code and be subject |
to the above issuance of citations: |
(1) Impediments to Egress: |
(A) Exit doors locked so as to prevent egress. |
(B) Blocked means of egress (other than locking and includes any portion of the exit access, |
exit or exit discharge). |
(C) Marking of exits or the routes to exits has become obstructed and is not clearly visible. |
(D) Artificial lighting needed for orderly evacuation is not functioning properly (this |
section does not include emergency lighting). |
(2) Maintenance: |
(A) Required devices, equipment, system, condition, arrangement, or other features not |
continuously maintained. |
(B) Equipment requiring periodic testing or operation, to ensure its maintenance, is not |
being tested or operated. |
(C) Owner of building where a fire alarm system is installed has not provided written |
evidence that there is a testing and maintenance program in force providing for periodic testing of |
the system. |
(D) Twenty-four-hour emergency telephone number of building owner or owner's |
representative is not posted at the fire alarm control unit or the posted number is not current. |
(3) Fire Department Access and Water Supply: |
(A) The required width or length of a previously approved fire department access road (fire |
lane) is obstructed by parked vehicles or other impediments. |
(B) Fire department access to fire hydrants or other approved water supplies is blocked or |
impeded. |
(4) Fire Protection Systems: |
(A) Obstructions are placed or kept near fire department inlet connections or fire protection |
system control valves preventing them from being either visible or accessible. |
(B) The owner, designated agent, or occupant of the property has not had required fire |
extinguishers inspected, maintained, or recharged. |
(5) Admissions supervised: |
(A) Persons responsible for supervising admissions to places of assembly, and/or any sub- |
classifications thereof, have allowed admissions in excess of the maximum occupancy posted by |
the State Fire Marshal or his or her designee. |
The terms used in the above categories of violation are defined in the definition sections of |
NFPA 1 and NFPA 101 as adopted pursuant to § 23-28.1-2 of this title. |
(e) A building owner, responsible management, designated agent, or occupant of the |
property receiving a citation may elect to plead guilty to the violation(s) and pay the fine(s) through |
the mail within ten (10) days of issuance, or appear in district court for an arraignment on the |
citation. |
(f) Notwithstanding subsection (e) above, all recipients of third or subsequent citations, |
within a sixty-(60) month (60) period, shall appear in district court for a hearing on the citation. If |
not paid by mail he, she, or it shall appear to be arraigned on the criminal complaint on the date |
indicated on the citation. If the recipient(s) fails to appear, the district court shall issue a warrant of |
arrest. |
(g) The failure of a recipient to either pay the citation through the mail within ten (10) days, |
where permitted under this section, or to appear in district court on the date specified shall be cause |
for the district court to issue a warrant of arrest with the penalty assessed and an additional five |
hundred dollar ($500) fine. |
(h) A building owner, responsible management, designated agent, or occupant of the |
property who receives the citation(s) referenced in this section shall be subject to civil fine(s), which |
fine(s) shall be used for fire prevention purposes by the jurisdiction that issues the citation(s), as |
follows: |
(1) A fine of two hundred fifty dollars ($250) for the first violation within any sixty-(60) |
month (60) period; |
(2) A fine of five hundred dollars ($500) for the second violation within any sixty-(60) |
month (60) period; |
(3) A fine of one thousand dollars ($1,000) for the third and any subsequent violation(s) |
within any sixty-(60) month (60) period; |
(i) No citation(s) as defined in this section, shall be issued pursuant to a search conducted |
under an administrative search warrant secured pursuant to § 23-28.2-20(c) of this code. Any |
citation mistakenly issued in violation of this subsection (b)(h)(3)(i) shall be void and |
unenforceable. |
(j) The District Court shall have full equity power to hear and address these matters. |
(k) All violations, listed within subsection (d) above, shall further be corrected within a |
reasonable period of time established by the State Fire Marshal, or his or her designee. |
23-28.2-22. Fire education and training unit. |
(a) There shall be a fire education and training unit within the division of fire safety office |
of the state fire marshal headed by a director of fire training. The director of fire training shall be |
appointed by the fire marshal from a list of names submitted by the fire education and training |
coordinating board based on recommendations of a screening committee of that board. Other staff |
and resources, such as part-time instructors, shall be requested consistent with the state budget |
process. |
(b) This unit shall be responsible for implementing fire education and training programs |
developed by the fire education and training coordinating board. |
23-28.2-23. Fire education and training coordinating board. |
(a) There is hereby created within the division of fire safety office of the state fire marshal |
a fire education and training coordinating board comprised of thirteen (13) members appointed by |
the governor with the advice and consent of the senate. In making said the appointments, the |
governor shall give due consideration to including in the board's membership representatives of the |
following groups: |
(1) Chiefs of fire departments with predominately fully paid personnel, defined as |
departments in which the vast majority of members are full-time, salaried personnel. |
(2) Chiefs of fire departments with part paid/combination personnel, defined as |
departments in which members consist of both full-time salaried personnel and a large percentage |
of volunteer or call personnel. |
(3) Chiefs of fire departments with predominately volunteer personnel, defined as |
departments in which the vast majority of members respond voluntarily and receive little or no |
compensation. |
(4) Rhode Island firefighters' instructor's association. |
(5) Rhode Island department of environmental management. |
(6) Rhode Island fire safety association. |
(7) Rhode Island state firefighter's league. |
(8) Rhode Island association of firefighters. |
(9) Regional firefighters’ leagues. |
(b) The state fire marshal and the chief of training and education shall serve as ex-officio |
members. |
(c) Members of the board as of March 29, 2006, shall continue to serve for the balance of |
their current terms. Thereafter, members shall be appointed to three-(3) year (3) terms. No person |
shall serve more than two (2) consecutive terms, except that service on the board for a term of less |
than two (2) years resulting from an initial appointment or an appointment for the remainder of an |
unexpired term shall not constitute a full term. |
(d) Members shall hold office until a successor is appointed, and no member shall serve |
beyond the time he or she ceases to hold office or employment by reason of which he or she was |
eligible for appointment. |
(e) All gubernatorial appointments made after March 29, 2006, shall be subject to the |
advice and consent of the senate. No person shall be eligible for appointment to the board after |
March 29, 2006, unless he or she is a resident of this state. |
(f) Members shall serve without compensation, but shall receive travel expenses in the |
same amount per mile approved for state employees. |
(g) The board shall meet at the call of the chairperson or upon written petition of a majority |
of the members, but not less than six (6) times per year. |
(h) Staff support to the board will be provided by the state fire marshal. |
(i) The board shall: |
(1) Establish bylaws to govern operational procedures not addressed by legislation. |
(2) Elect a chairperson and vice-chairperson of the board in accordance with bylaws to be |
established by the board. |
(3) Develop and offer training programs for fire fighters firefighters and fire officers based |
on applicable NFPA National Fire Protection Association (NFPA) standards used to produce |
training and education courses. |
(4) Develop and offer state certification programs for instructors based on NFPA standards. |
(5) Monitor and evaluate all programs to determine their effectiveness. |
(6) Establish a fee structure in an amount necessary to cover costs of implementing the |
programs. |
(7) Within ninety (90) days after the end of each fiscal year, approve and submit an annual |
report to the governor, the speaker of the house of representatives, the president of the senate, and |
the secretary of state of its activities during that fiscal year. The report shall provide: an operating |
statement summarizing meetings or hearing hearings held, including meeting minutes, subjects |
addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and |
plans developed, approved, or modified and programs administered or initiated; a consolidated |
financial statement of all funds received and expended including the source of the funds, a listing |
of any staff supported by these funds, and a summary of any clerical, administrative or technical |
support received; a summary of performance during the previous fiscal year including |
accomplishments, shortcomings, and remedies; a synopsis of hearings, complaints, suspensions, or |
other legal matters related to the authority of the council; a summary of any training courses held |
pursuant to the provisions of this section; a briefing on anticipated activities in the upcoming fiscal |
year and findings and recommendations for improvements. The report shall be posted electronically |
on the general assembly and secretary of state's websites as prescribed in § 42-20-8.2. The director |
of the department of administration shall be responsible for the enforcement of the provisions of |
this subsection. |
(8) Conduct a training course for newly appointed and qualified members within six (6) |
months of their qualification or designation. The course shall be developed by the chair of the |
board, approved by the board, and conducted by the chair of the board. The board may approve the |
use of any board or staff members or other individuals to assist with training. The training course |
shall include instruction in the following areas: the provisions of chapters 42-46 chapter 46 of title |
42, 36-14 chapter 14 of title 36, and 38-2 chapter 2 of title 38; and the commission's rules and |
regulations. The state fire marshal shall, within ninety (90) days of March 29, 2006, prepare and |
disseminate training materials relating to the provisions of chapters 42-46 chapter 46 of title 42, |
36-14 chapter 14 of title 36, and 38-2 chapter 2 of title 38. |
(j) In an effort to prevent potential conflicts of interest, any fire education and training |
coordinating board member shall not simultaneously serve as a paid instructor and/or administrator |
within the fire education and training unit. |
(k) A quorum for conducting all business before the board, shall be at least seven (7) |
members. |
(l) Members of the board shall be removable by the governor pursuant to the provisions of |
§ 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal reasons |
unrelated to capacity or fitness for the office shall be unlawful. |
23-28.2-28. Rhode Island state firefighter's league grant account. |
(a) There is hereby created within the department of public safety business regulation a |
restricted receipt account to be known as the Rhode Island state firefighter's league grant account. |
Donations received from the Rhode Island state firefighter's league shall be deposited into this |
account, and shall be used solely to fund education and training programs for firefighters in the |
state. |
(b) All amounts deposited in the Rhode Island state firefighter's league grant account shall |
be exempt from the indirect cost recovery provisions of § 35-4-27. |
23-28.2-29. Fire academy training fees restricted receipt account. |
There is hereby created with the department of public safety business regulation a restricted |
receipt account to be known as the fire academy training fees account. All receipts collected |
pursuant to § 23-28.2-23 shall be deposited in this account and shall be used to fund costs associated |
with the fire training academy. All amounts deposited into the fire academy training restricted |
receipt account shall be exempt from the indirect cost recovery provisions of § 35-4-27. |
SECTION 5. Section 23-34.1-3 of Chapter 23-34.1 of the General Laws entitled |
“Amusement Ride Safety Act” is hereby amended as follows: |
23-34.1-3. Definitions. |
As used in this chapter: |
(1) "Altered ride" means a ride or device that has been altered with the approval of the |
manufacturer. |
(2) "Amusement attraction" means any building or structure around, over, or through which |
persons may move to walk, without the aid of any moving device integral to the building or |
structure, which that provides amusement, pleasure, thrills, or excitement. Excluded are air |
structures ("moonwalks"), arenas, stadiums, theatres, nonmechanical amusement structures |
commonly located in or around day care centers, schools, commercial establishments, malls, fast |
food restaurants, and convention halls. This does not include enterprises principally devoted to the |
exhibition of products of agriculture, industry, education, science, religion, or the arts |
(3) "Amusement ride" means any mechanical device which that carries, suspends, or |
conveys passengers along, around, or over a fixed or restricted route or course or within a defined |
area, for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. For the |
purposes of this act chapter, any dry slide over twenty (20) feet in height is also included. This |
term shall not include hayrides (whether pulled by motor vehicle or horse), any coin-operated ride |
that is manually, mechanically, or electrically operated and customarily placed in a public location |
and that does not normally require the supervision or services of an operator or nonmechanical |
devices with nonmoving parts, including, but not limited to, walk-through amusement attractions, |
slides, and air structures ("moonwalks"). |
(4) "Bazaar" means an enterprise principally devoted to the exhibition of products of crafts |
and art, to which the operation of amusement rides or devices or concession booths is an adjunct. |
(5) "Carnival" means a transient enterprise offering amusement or entertainment to the |
public in, upon, or by means of amusement devices, rides, or concession booths. |
(6) "Certificate to operate" means that document which that indicates that the temporary |
amusement device has undergone the inspection required after setup. It shall show the date of |
inspection, the location of the inspection, the name of the inspector, and the maximum amount of |
weight allowed per car or rideable unit. |
(7) "Commissioner" means the state building commissioner. |
(8) "Department" means the department of administration business regulation. |
(9) "Director" means the director of the department of administration business regulation. |
(10) "Fair" means an enterprise principally devoted to the exhibition of products of |
agriculture or industry, to which the operation of amusement rides or devices or concession booths |
is an adjunct. |
(11) "Home-made Homemade ride or device" means a ride or device that was not |
manufactured by a recognized ride or device manufacturer or any ride or device which that has |
been substantially altered without the approval of the manufacturer. |
(12) "Inspection" means the physical examination of an amusement ride or device made |
by the commissioner, or his or her authorized representative, prior to operating the amusement |
device for the purpose of approving the application for a license. |
(13) "Kiddie ride" means a device designed primarily to carry a specific number of children |
in a fixture suitable for conveying children up to forty-two inches (42") in height or ride |
manufacturer specifications. |
(14) "Major alteration" means a change in the type, capacity, structure, or mechanism of |
an amusement device. This includes any change that would require approval of the ride |
manufacturer or an engineer. |
(15) "Major ride" means a device designed to carry a specific maximum number of |
passengers, adults and children, in a fixture suitable for conveying persons. |
(16) "Manager" means a person having possession, custody, or managerial control of an |
amusement device, amusement attraction, or temporary structure, whether as owner, lessee, or |
agent or otherwise. |
(17) "Owner" means the person or persons holding title to, or having possession or control |
of, the amusement ride or device or concession booth. |
(18) "Permanent amusement ride" means an amusement ride which that is erected to |
remain a lasting part of the premises. |
(19) "Permit" means that document which that signifies that the amusement device or |
amusement attraction has undergone and passed its annual inspection. The department shall affix a |
decal which that clearly shows the month and year of expiration. |
(20) "Qualified licensed engineer" means a licensed mechanical engineer who has at least |
five (5) years of experience in his or her field and has experience in amusement ride inspection. |
(21) "Reinspection" means an inspection which that is made at any time after the initial |
inspection. |
(22) "Repair" means to restore an amusement ride to a condition equal to or better than the |
original design specifications. |
(23) "Ride file jacket" means a file concerning an individual amusement ride or device |
which that contains nondestructive test reports on the testing firm's official letterhead; the name of |
the ride, the manufacturer and date of manufacture; maintenance records; records of any alterations; |
ride serial number; daily check lists and engineer's reports; and proof of insurance. Non-destructive |
test reports shall not be required on any rides which that are nonmechanical and which that are not |
provided by the manufacturer with said the amusement ride. |
(24) "Ride operator" means the person in charge of an amusement ride or device and who |
causes the amusement ride or device to operate. |
(25) "Serious injury" means an injury requiring a minimum of one overnight stay in a |
hospital for treatment or observation. |
(26) "Stop order" means any order issued by an inspector for the temporary cessation of a |
ride or device. |
(27) "Temporary amusement device" means a device which that is used as an amusement |
device or amusement attraction that is regularly relocated from time to time, with or without |
disassembly. |
SECTION 6. Section 42-7.3-3 of the General Laws in Chapter 42-7.3 entitled “Department |
of Public Safety” is hereby amended as follows: |
42-7.3-3. Powers and duties of the department. |
The department of public safety shall be responsible for the management and |
administration of the following divisions and agencies: |
(a) Office of the capitol police (chapter 2.2 of title 12). |
(b) State fire marshal (chapter 28.2 of title 23) |
(c) E-911 emergency telephone system division (chapter 28.2 of title 39). |
(d) Rhode Island state police (chapter 28 of title 42). |
(e) Municipal police training academy (chapter 28.2 of title 42). |
(f) Division of sheriffs (chapter 7.3 of title 42). |
SECTION 7. Section 42-11-2.9 of the General Laws in Chapter 42-11 entitled “Department |
of Administration” is hereby amended as follows: |
42-11-2.9. Division of capital asset management and maintenance established. |
(a) Establishment. Within the department of administration there shall be established the |
division of capital asset management and maintenance ("DCAMM"). Any prior references to the |
division of facilities management and/or capital projects, if any, shall now mean DCAMM. Within |
the DCAMM there shall be a director of DCAMM who shall be in the classified service and shall |
be appointed by the director of administration. The director of DCAMM shall have the following |
responsibilities: |
(1) Oversee, coordinate, and manage the operating budget, personnel, and functions of |
DCAMM in carrying out the duties described below; |
(2) Review agency capital-budget requests to ensure that the request is consistent with |
strategic and master facility plans for the state of Rhode Island; |
(3) Promulgate and adopt regulations necessary to carry out the purposes of this section. |
(b) Purpose. The purpose of the DCAMM shall be to manage and maintain state property |
and state-owned facilities in a manner that meets the highest standards of health, safety, security, |
accessibility, energy efficiency, and comfort for citizens and state employees and ensures |
appropriate and timely investments are made for state property and facility maintenance. |
(c) Duties and responsibilities of DCAMM. DCAMM shall have the following duties and |
responsibilities: |
(1) To oversee all new construction and rehabilitation projects on state property, not |
including property otherwise assigned outside of the executive department by Rhode Island general |
laws or under the control and supervision of the judicial branch; |
(2) To assist the department of administration in fulfilling any and all capital-asset and |
maintenance-related statutory duties assigned to the department under chapter 8 of title 37 (public |
buildings) or any other provision of law, including, but not limited to, the following statutory duties |
provided in § 42-11-2: |
(i) To maintain, equip, and keep in repair the state house, state office buildings, and other |
premises, owned or rented by the state, for the use of any department or agency, excepting those |
buildings, the control of which is vested by law in some other agency; |
(ii) To provide for the periodic inspection, appraisal, or inventory of all state buildings and |
property, real and personal; |
(iii) To require reports from state agencies on the buildings and property in their custody; |
(iv) To issue regulations to govern the protection and custody of the property of the state; |
(v) To assign office and storage space, and to rent and lease land and buildings, for the use |
of the several state departments and agencies in the manner provided by law; |
(vi) To control and supervise the acquisition, operation, maintenance, repair, and |
replacement of state-owned motor vehicles by state agencies; |
(3) To generally manage, oversee, protect, and care for the state's properties and facilities, |
not otherwise assigned by Rhode Island general laws, including, but not limited to, the following |
duties: |
(i) Space management, procurement, usage, and/or leasing of private or public space; |
(ii) Care, maintenance, cleaning, and contracting for such services as necessary for state |
property; |
(iii) Capital equipment replacement; |
(iv) Security of state property and facilities unless otherwise provided by law; |
(v) Ensuring Americans with Disabilities Act (ADA) compliance; |
(vi) Responding to facilities emergencies; |
(vii) Managing traffic flow on state property; |
(viii) Grounds keeping/landscaping/snow-removal services; |
(ix) Maintenance and protection of artwork and historic artifacts; |
(4) To manage and oversee state fleet operations. |
(d) All state agencies shall participate in a statewide database and/or information system |
for capital assets, that shall be established and maintained by DCAMM. |
(e) Offices and boards assigned to DCAMM. DCAMM shall oversee the following boards, |
offices, and functions: |
(1) Office of planning, design, and construction (PDC); |
(2) Office of facilities management and maintenance (OFMM); |
(3) Contractors' registration and licensing board (§ 5-65-1 seq.); |
(4) State building code (§ 23-27.3-1 et seq.); |
(5) Office of risk management (§ 37-11-1 et seq.); |
(6) Fire safety code board of appeal and review (§ 23-28.3-1 et seq.); |
(7) Office of state fleet operations (§ 42-11-2.4(d)). |
(f) The boards, offices, and functions assigned to DCAMM shall: |
(1) Exercise their respective powers and duties in accordance with their statutory authority |
and the general policy established by the director of DCAMM or in accordance with the powers |
and authorities conferred upon the director of DCAMM by this section; |
(2) Provide such assistance or resources as may be requested or required by the director of |
DCAMM or the director of administration; |
(3) Provide such records and information as may be requested or required by the director |
of DCAMM or the director of administration; and |
(4) Except as provided herein, no provision of this chapter or application thereof shall be |
construed to limit or otherwise restrict the offices stated above from fulfilling any statutory |
requirement or complying with any valid rule or regulation. |
SECTION 8. Sections 42-14-1, 42-14-2, 42-14-4, 42-14-5, 42-14-6, 42-14-7, 42-14-8, 42- |
14-11, 42-14-16 and 42-14-16.1 of the General Laws in Chapter 42-14 entitled “Department of |
Business Regulation” are hereby amended as follows: |
42-14-1. Establishment – Head of department. |
There shall be a department of business regulation. The head of the department shall be the |
director of business regulation who shall carry out, except as otherwise provided by this title, shall |
carry out this chapter; chapters 1, 2, and 4 – 12, inclusive, of title 3; chapters 3, 20.5, 38, 49, 52, 53 |
and 58 of title 5; chapter 31 of title 6; chapter 11 of title 7; chapters 1 – 29, inclusive, of title 19, |
except § 19-24-6; chapter 28.6 of title 21; chapter 26 of title 23; chapters 1 – 36, inclusive, of title |
27. The director of business regulation shall also and perform the duties required by any and all |
other provisions of the general laws and public laws insofar as those provisions relate to the director |
of revenue and regulation, chief of the division of banking and insurance, chief of the division of |
intoxicating beverages, and each of the divisions and licensing and regulatory areas within the |
jurisdiction of the department, except as otherwise provided by this title. |
42-14-2. Functions of department. |
(a) It shall be the function of the department of business regulation: |
(1) To regulate and control banking and insurance, foreign surety companies, sale of |
securities, building and loan associations, fraternal benefit and beneficiary societies; |
(2) To regulate and control the manufacture, transportation, possession, and sale of |
alcoholic beverages; |
(3) To license and regulate the manufacture and sale of articles of bedding, upholstered |
furniture, and filling materials; |
(4) To regulate the licensing of compassion centers, licensed cultivators, and cooperative |
cultivations pursuant to chapter 28.6 of title 21 of the general laws to license, regulate and control |
all areas as required by this chapter and any and all other provisions of the general laws and public |
laws. |
(b) Whenever any hearing is required or permitted to be held pursuant to law or regulation |
of the department of business regulation, and whenever no statutory provision exists providing that |
notice be given to interested parties prior to the hearing, no such hearing shall be held without |
notice in writing being given at least ten (10) days prior to such hearing to all interested parties. |
For purposes of this section, an "interested party" shall be deemed to include the party subject to |
regulation hereunder, the Rhode Island consumers' council, and any party entitled to appear at the |
hearing. Notice to the party that will be subject to regulation, the Rhode Island consumers' council |
[Repealed], and any party who has made known his or her intention to appear at the hearing shall |
be sufficient if it be in writing and mailed, first-class mail, to the party at his or her regular business |
address. Notice to the general public shall be sufficient hereunder if it be by publication in a |
newspaper of general circulation in the municipality affected by the regulation. |
42-14-4. Banking and insurance financial services divisions Financial services |
division. |
Within the department of business regulation there shall be a division of financial services |
that oversees the regulation and control of banking division and an insurance division and such |
other matters within the jurisdiction of the department as determined by the director. The divisions |
division shall have offices which shall be assigned to them it by the department of administration. |
A s Superintendents shall be in charge of each division, of banking and insurance reporting |
to the director, deputy director and/or health insurance commissioner as appropriate shall be in |
charge of all matters relating to banking and insurance. |
42-14-5. Administrator Superintendents of banking and insurance Superintendents |
of banking and insurance. |
(a) The director of business regulation shall, in addition to his or her regular duties, act as |
administrator of banking and insurance and superintendents of banking and insurance shall |
administer the functions of the department relating to the regulation and control of banking and |
insurance, foreign surety companies, sale of securities, building and loan associations, and fraternal |
benefit and beneficiary societies. |
(b) Wherever the words "banking administrator" or “banking commissioner” or "insurance |
administrator" or “insurance commissioner” occur in this chapter or any general law, public law, |
act, or resolution of the general assembly or department regulation, they shall be construed to mean |
superintendent of banking commissioner and superintendent of insurance commissioner except as |
delineated in subsection (d) below. |
(c) "Health insurance" shall mean "health insurance coverage," as defined in §§ 27-18.5-2 |
and 27-18.6-2, "health benefit plan," as defined in § 27-50-3 and a "medical supplement policy," |
as defined in § 27-18.2-1 or coverage similar to a Medicare supplement policy that is issued to an |
employer to cover retirees, and dental coverage, including, but not limited to, coverage provided |
by a nonprofit dental service plan as defined in subsection § 27-20.1-1(3). |
(d) Whenever the words "commissioner," "insurance commissioner", "Health insurance |
commissioner" or "director" appear in Title 27 or Title 42, those words shall be construed to mean |
the health insurance commissioner established pursuant to § 42-14.5-1 with respect to all matters |
relating to health insurance. The health insurance commissioner shall have sole and exclusive |
jurisdiction over enforcement of those statutes with respect to all matters relating to health |
insurance. |
(e) Whenever the word “director” appears or is a defined term in Title title 19, this word |
shall be construed to mean the superintendent of banking established pursuant to this section. |
(f) Whenever the word “director” or “commissioner” appears or is a defined term in Title |
title 27, this word shall be construed to mean the superintendent of insurance established pursuant |
to this section except as delineated in subsection (d) of this section. |
42-14-6. Restrictions on interests of administrator superintendents Restrictions on |
interests of superintendents. |
The administrator superintendents of banking and insurance shall not engage in any other |
business or be an officer of or directly or indirectly interested in any national bank doing business |
in this state, or in any bank, savings bank, or trust company organized under the laws of this state, |
nor be directly or indirectly interested in any corporation, business, or occupation that requires his |
or her official supervision; absent compliance with § 42-14-6.1, nor shall the administrator no |
superintendent shall become indebted to any bank, savings bank, or trust company organized under |
the laws of this state, nor shall he or she engage or be interested in the sale of securities as a business, |
or in the negotiation of loans for others. |
42-14-7. Deputies to administrator superintendents Deputies to superintendents. |
The administrator superintendent of banking and the superintendent of insurance may |
appoint one or more deputies to assist him or her in the performance of his or her duties, who shall |
be removable at the pleasure of the administrator superintendent, and the administrator |
superintendent in his or her official capacity shall be liable for any deputy's misconduct or neglect |
of duty in the performance of his or her official duties. Service of process upon any deputy, or at |
the office of the administrator superintendent upon some person there employed, at any time, shall |
be as effectual as service upon the administrator superintendent. |
42-14-8. Clerical assistance and expenses. |
The administrator superintendent of banking and the superintendent of insurance may |
employ such clerical assistance and incur such office and traveling expenses for him or herself, his |
or her deputies and assistants as may be necessary in the performance of his or her other duties, and |
as provided by this title, within the amounts appropriated therefor. |
42-14-11. Subpoena power – False swearing. |
(a) In connection with any matters having to do with the discharge of his or her duties |
pursuant to this chapter, the director, or his or her designee, in all cases of every nature pending |
before him or her, is hereby authorized and empowered to summon witnesses to attend and testify |
in like manner as in either the supreme or the superior courts. The director, or his or her designee, |
is authorized to compel the production of all papers, books, documents, records, certificates, or |
other legal evidence that may be necessary for the determination and the decision of any question |
or the discharge of any duty required by law of the department, including the functions of the |
director as a member of the board of bank incorporation and board of building-loan association |
incorporation superintendents of banking and insurance, by issuing a subpoena duces tecum signed |
by the director, or his or her designee. |
(b) Every person who disobeys this writ shall be considered in contempt of the department, |
and the department may punish that and any other contempt of the authority in like manner as |
contempt may be punished in either the supreme or the superior court. |
(c) Any person who shall willfully swear falsely in any proceedings, matter, or hearing |
before the department shall be deemed guilty of the crime of perjury. |
42-14-16. Insurance – Administrative penalties. |
(a) Whenever the director, or his or her designee, shall have cause to believe that a violation |
of title 27 and/or chapters chapter 14, 14.5, 62 or 128.1 of title 42 or the regulations promulgated |
thereunder has occurred by a licensee, or any person or entity conducting any activities requiring |
licensure under title 27, the director or his or her designee may, in accordance with the requirements |
of the Administrative Procedures Act administrative procedures act, chapter 35 of this title: |
(1) Revoke or suspend a license; |
(2) Levy an administrative penalty in an amount not less than one hundred dollars ($100) |
nor more than fifty thousand dollars ($50,000); |
(3) Order the violator to cease such actions; |
(4) Require the licensee or person or entity conducting any activities requiring licensure |
under title 27 to take such actions as are necessary to comply with title 27 and/or chapters chapter |
14, 14.5, 62, or 128.1 of title 42, or the regulations thereunder; or |
(5) Any combination of the above penalties. |
(b) Any monetary penalties assessed pursuant to this section shall be as general revenues. |
42-14-16.1. Order to cease and desist. |
(a) If the director, or his or her designee, has reason to believe that any person, firm, |
corporation, or association is conducting any activities requiring licensure under title 27 or any |
other provisions of the general laws or public laws within the jurisdiction of the department without |
obtaining a license, or who after the denial, suspension, or revocation of a license conducts any |
activities requiring licensure under title 27 or any other provisions of the general laws or public |
laws within the jurisdiction of the department, the department may issue its order to that person, |
firm, corporation, or association commanding them to appear before the department at a hearing to |
be held no sooner than ten (10) days nor later than twenty (20) days after issuance of that order to |
show cause why the department should not issue an order to that person to cease and desist from |
the violation of the provisions of title 27 applicable law. |
(b) The order to show cause may be served on any person, firm, corporation, or association |
named in the order in the same manner that summons in a civil action may be served, or by mailing |
a copy of the order, certified mail, return receipt requested, to that person at any address at which |
he or she has done business or at which he or she lives. If, upon that hearing, the department is |
satisfied that the person is in fact violating any provision of title 27 applicable law, then the |
department may order that person, in writing, to cease and desist from that violation. |
(c) All hearings shall be governed in accordance with chapter 35 of this title, the |
"Administrative Procedures Act administrative procedures act." If that person fails to comply |
with an order of the department after being afforded a hearing, the superior court in Providence |
county has jurisdiction upon complaint of the department to restrain and enjoin that person from |
violating this chapter. |
SECTION 9. Section 42-28-3 of the General Laws in Chapter 42-28 entitled “State Police” |
is hereby amended as follows: |
42-28-3. Scope of responsibilities. |
(a) The Rhode Island state police and the superintendent shall be charged with the |
responsibility of: |
(1) Providing a uniformed force for law enforcement; |
(2) Preparing rules and regulations for law enforcement; |
(3) Maintaining facilities for crime detection and suppression; and |
(4) Controlling traffic and maintaining safety on the highways. |
(b) The superintendent shall be ex-officio state fire marshal. |
(c) The superintendent shall also serve as the director of the department of public safety. |
SECTION 10. Section 42-28-26 of the General Laws in Chapter 42-28 entitled "State |
Police" is hereby repealed. |
42-28-26. Location of school. |
The municipal police training school shall be maintained by the state and located on the |
premises of the University of Rhode Island and such other state-owned property as the |
superintendent of the state police, with the consent of the governor, may from time to time |
determine. |
SECTION 11. Section 42-133-6 of the General Laws in Chapter entitled “Tobacco |
Settlement Financing Corporation Act” is hereby amended to read as follows: |
42-133-6. Board and officers. |
(a)(1) The powers of the corporation shall be vested in a board consisting of five (5) |
members, which shall constitute the governing body of the corporation, and which shall be |
comprised as follows: two (2) members of the state investment commission to be appointed by the |
governor who shall give due consideration to the recommendation of the chair of the investment |
commission, the state budget officer, who shall serve as chairperson,; the general treasurer, or |
designee,; the director of revenue, or designee; and three (3) two (2) members of the general public |
appointed by the governor with the advice and consent of the senate. Each public member shall |
serve for a term of two (2) four (4) years, except that any member appointed to fill a vacancy shall |
serve only until the expiration of the unexpired term of such the member's predecessor in office. |
Each member shall continue to hold office until a successor has been appointed. Members shall be |
eligible for reappointment. No person shall be eligible for appointment unless such the person is a |
resident of the state. Each member, before entering upon the duties of the office of member, shall |
swear or solemnly affirm to administer the duties of office faithfully and impartially, and such the |
oath or affirmation shall be filed in the office of the secretary of state. |
(2) Those members of the board as of July 9, 2005 who were appointed to the board by |
members of the general assembly shall cease to be members of the board on July 9, 2005, and the |
governor shall thereupon seek recommendations from the chair of the state investment commission |
for him or her duly to consider for the appointment of two (2) members thereof. Those members of |
the board as of July 9, 2005 who were appointed to the board by the governor shall continue to |
serve the balance of their current terms. |
(3) Newly appointed and qualified public members shall, within six (6) months of their |
qualification or designation, attend a training course that shall be developed with board approval |
and conducted by the chair of the board and shall include instruction in the subject area of chapters |
46 of this title, 133 of this title, 14 of title 36, and 2 of title 38; and the board's rules and regulations. |
The director of the department of administration shall, within ninety (90) days of July 9, 2005, |
prepare and disseminate training materials relating to the provisions of chapters 46 of this title, 14 |
of title 36 and 2 of title 38. |
(b) Members shall receive no compensation for the performance of their duties. |
(c) The board shall elect one of its members to serve as chairperson. Three (3) members |
shall constitute a quorum, and any action to be taken by the corporation under the provisions of this |
chapter may be authorized by resolution approved by a majority of the members present and voting |
at any regular or special meeting at which a quorum is present. |
(d) In addition to electing a chairperson, the The board shall appoint a secretary and such |
additional officers as it shall deem appropriate. |
(e) Any action taken by the corporation under the provisions of this chapter may be |
authorized by vote at any regular or special meeting, and the vote shall take effect immediately. |
(f) Any action required by this chapter to be taken at a meeting of the board shall comply |
with chapter 46 of this title, entitled "Open Meetings." |
(g) To the extent that administrative assistance is needed for the functions and operations |
of the board, the corporation may by contract or agreement obtain this assistance from the director |
of administration, the attorney general, and any successor officer at such cost to the corporation as |
shall be established by such the contract or agreement. The board, however, shall remain |
responsible for, and provide oversight of, proper implementation of this chapter. |
(h) Members of the board and persons acting on the corporation's behalf, while acting |
within the scope of their employment or agency, are not subject to personal liability resulting from |
carrying out the powers and duties conferred on them under this chapter. |
(i) The state shall indemnify and hold harmless every past, present, or future board member, |
officer or employee of the corporation who is made a party to or is required to testify in any action, |
investigation, or other proceeding in connection with or arising out of the performance or alleged |
lack of performance of that person's duties on behalf of the corporation. These persons shall be |
indemnified and held harmless, whether they are sued individually or in their capacities as board |
members, officers or employees of the corporation, for all expenses, legal fees, and/or costs |
incurred by them during or resulting from the proceedings, and for any award or judgment arising |
out of their service to the corporation that is not paid by the corporation and is sought to be enforced |
against a person individually, as expenses, legal fees, costs, awards, or judgments occur; provided, |
that neither the state nor the corporation shall indemnify any member, officer, or employee: |
(1) For acts or omissions not in good faith or which that involve intentional misconduct or |
a knowing violation of law; |
(2) For any transaction from which the member derived an improper personal benefit; or |
(3) For any malicious act. |
(j) Public members of the board shall be removable by the governor, pursuant to the |
provisions of § 36-1-7, for cause only, and removal solely for partisan or personal reasons unrelated |
to capacity or fitness for the office shall be unlawful. |
SECTION 12. Sections 44-31.2-2 and 44-31.2-6 of the General Laws in Chapter 44-31.2 |
entitled “Motion Picture Production Tax Credits” are hereby amended to read as follows: |
44-31.2-2. Definitions. |
For the purposes of this chapter: |
(1) "Accountant's certification" as provided in this chapter means a certified audit by a |
Rhode Island certified public accountant licensed in accordance with chapter 3.1 of title 5. |
(2) "Application year" means within the calendar year the motion picture production |
company files an application for the tax credit. |
(3) "Base investment" means the actual investment made and expended by a state-certified |
production in the state as production-related costs. |
(4) "Documentary production" means a non-fiction production intended for educational or |
commercial distribution that may require out-of-state principal photography. |
(5) "Domiciled in Rhode Island" means a corporation incorporated in Rhode Island or a |
partnership, limited-liability company, or other business entity formed under the laws of the state |
of Rhode Island for the purpose of producing motion pictures as defined in this section, or an |
individual who is a domiciled resident of the state of Rhode Island as defined in chapter 30 of this |
title. |
(6) "Final production budget" means and includes the total pre-production, production, and |
post-production out-of-pocket costs incurred and paid in connection with the making of the motion |
picture. The final production budget excludes costs associated with the promotion or marketing of |
the motion picture. |
(7) "Motion picture" means a feature-length film, documentary production, video, |
television series, or commercial made in Rhode Island, in whole or in part, for theatrical or |
television viewing or as a television pilot or for educational distribution. The term "motion picture" |
shall not include the production of television coverage of news or athletic events, nor shall it apply |
to any film, video, television series, or commercial or a production for which records are required |
under 18 U.S.C. § 2257, to be maintained with respect to any performer in such production or |
reporting of books, films, etc. with respect to sexually explicit conduct. |
(8) "Motion picture production company" means a corporation, partnership, limited- |
liability company, or other business entity engaged in the business of producing one or more motion |
pictures as defined in this section. Motion picture production company shall not mean or include: |
(a) Any company owned, affiliated, or controlled, in whole or in part, by any company or |
person who or that is in default: |
(i) On taxes owed to the state; or |
(ii) On a loan made by the state in the application year; or |
(iii) On a loan guaranteed by the state in the application year; or |
(b) Any company or person who or that has discharged an obligation to pay or repay public |
funds or monies by: |
(i) Filing a petition under any federal or state bankruptcy or insolvency law; |
(ii) Having a petition filed under any federal or state bankruptcy or insolvency law against |
such company or person; |
(iii) Consenting to, or acquiescing or joining in, a petition named in (i) or (ii); |
(iv) Consenting to, or acquiescing or joining in, the appointment of a custodian, receiver, |
trustee, or examiner for such company's or person's property; or |
(v) Making an assignment for the benefit of creditors or admitting in writing or in any legal |
proceeding its insolvency or inability to pay debts as they become due. |
(9) "Primary locations" means the locations that (1) At least fifty-one percent (51%) of the |
motion picture principal photography days are filmed; or (2) At least fifty-one percent (51%) of the |
motion picture's final production budget is spent and employs at least five (5) individuals during |
the production in this state; or (3) For documentary productions, the location of at least fifty-one |
percent (51%) of the total productions days, which shall include pre-production and post- |
production locations. |
(10) "Rhode Island film and television office" means an office within the department of |
administration Rhode Island Council on the Arts that has been established in order to promote and |
encourage the locating of film and television productions within the state of Rhode Island. The |
office is also referred to within as the "film office". |
(11) "State-certified production" means a motion picture production approved by the |
Rhode Island film office and produced by a motion picture production company domiciled in |
Rhode Island, whether or not such company owns or controls the copyright and distribution rights |
in the motion picture; provided, that such company has either: |
(a) Signed a viable distribution plan; or |
(b) Is producing the motion picture for: |
(i) A major motion picture distributor; |
(ii) A major theatrical exhibitor; |
(iii) Television network; or |
(iv) Cable television programmer. |
(12) "State-certified production cost" means any pre-production, production, and post- |
production cost that a motion picture production company incurs and pays to the extent it occurs |
within the state of Rhode Island. Without limiting the generality of the foregoing, "state-certified |
production costs" include: set construction and operation; wardrobes, make-up, accessories, and |
related services; costs associated with photography and sound synchronization, lighting, and related |
services and materials; editing and related services, including, but not limited to: film processing, |
transfers of film to tape or digital format, sound mixing, computer graphics services, special effects |
services, and animation services, salary, wages, and other compensation, including related benefits, |
of persons employed, either directly or indirectly, in the production of a film including writer, |
motion picture director, producer (provided the work is performed in the state of Rhode Island); |
rental of facilities and equipment used in Rhode Island; leasing of vehicles; costs of food and |
lodging; music, if performed, composed, or recorded by a Rhode Island musician, or released or |
published by a person domiciled in Rhode Island; travel expenses incurred to bring persons |
employed, either directly or indirectly, in the production of the motion picture, to Rhode Island (but |
not expenses of such persons departing from Rhode Island); and legal (but not the expense of a |
completion bond or insurance and accounting fees and expenses related to the production's |
activities in Rhode Island); provided such services are provided by Rhode Island licensed attorneys |
or accountants. |
44-31.2-6. Certification and administration. |
(a) Initial certification of a production. The applicant shall properly prepare, sign, and |
submit to the film office an application for initial certification of the Rhode Island production. The |
application shall include such information and data as the film office deems necessary for the proper |
evaluation and administration of said the application, including, but not limited to, any information |
about the motion picture production company, and a specific Rhode Island motion picture. The film |
office shall review the completed application and determine whether it meets the requisite criteria |
and qualifications for the initial certification for the production. If the initial certification is granted, |
the film office shall issue a notice of initial certification of the motion picture production to the |
motion picture production company and to the tax administrator. The notice shall state that, after |
appropriate review, the initial application meets the appropriate criteria for conditional eligibility. |
The notice of initial certification will provide a unique identification number for the production and |
is only a statement of conditional eligibility for the production and, as such, does not grant or |
convey any Rhode Island tax benefits. |
(b) Final certification of a production. Upon completion of the Rhode Island production |
activities, the applicant shall request a certificate of good standing from the Rhode Island division |
of taxation. Such The certificates shall verify to the film office the motion picture production |
company's compliance with the requirements of subsection § 44-31.2-2(5). The applicant shall |
properly prepare, sign, and submit to the film office an application for final certification of the |
production and which must include the certificate of good standing from the division of taxation. |
In addition, the application shall contain such information and data as the film office determines is |
necessary for the proper evaluation and administration, including, but not limited to, any |
information about the motion picture production company, its investors, and information about the |
production previously granted initial certification. The final application shall also contain a cost |
report and an "accountant's certification". The film office and tax administrator may rely without |
independent investigation, upon the accountant's certification, in the form of an opinion, confirming |
the accuracy of the information included in the cost report. Upon review of a duly completed and |
filed application, the film office will make a determination pertaining to the final certification of |
the production. Within ninety (90) days after the division of taxation's receipt of the motion picture |
production company final certification and cost report, the division of taxation shall issue a |
certification of the amount of credit for which the motion picture production company qualifies |
under § 44-31.2-5. To claim the tax credit, the division of taxation's certification as to the amount |
of the tax credit shall be attached to all state tax returns on which the credit is claimed. |
(c) Final certification and credits. Upon determination that the motion picture production |
company qualifies for final certification, the film office shall issue a letter to the production |
company indicating "certificate of completion of a state-certified production". A motion picture |
production company is prohibited from using state funds, state loans or state guaranteed loans to |
qualify for the motion picture tax credit. All documents that are issued by the film office pursuant |
to this section shall reference the identification number that was issued to the production as part of |
its initial certification. |
(d) The director of the department of,administration, the Rhode Island Council council on |
the Arts arts, in consultation as needed with the tax administrator, shall promulgate such rules and |
regulations as are necessary to carry out the intent and purposes of this chapter in accordance with |
the general guidelines provided herein for the certification of the production and the resultant |
production credit. |
(e) The tax administrator of the division of taxation, in consultation with the director of the |
Rhode Island film and television office, shall promulgate such the rules and regulations as are |
necessary to carry out the intent and purposes of this chapter in accordance with the general |
guidelines for the tax credit provided herein. |
(f) Any motion picture production company applying for the credit shall be required to |
reimburse the division of taxation for any audits required in relation to granting the credit. |
SECTION 13. This Article shall take effect upon passage. |