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ARTICLE 3 AS AMENDED |
RELATING TO GOVERNMENT REFORM
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SECTION 1. Sections 1-6-1 and 1-6-3 of the General Laws in Chapter 1-6 entitled |
"Warwick Airport Parking District" are hereby amended to read as follows: |
1-6-1. Definitions. |
As used in this chapter: |
(1) "Administrator" means the state tax administrator. |
(2) "District" means the Warwick airport parking district, being the district that runs from |
a point on Main Avenue in the city of Warwick at the southerly boundary of T.F. Green state airport, |
and westerly along Main Avenue to a point one-third (1/3) mile west of the intersection of Main |
Avenue with Post Road; turning thence northerly running along a line parallel to and one-third (1/3) |
mile west of Post Road to a point one mile north of the line of Airport Road; thence turning east |
running along a line parallel to and one-third (1/3) mile north of the line of Airport Road to Warwick |
Avenue; thence turning south along Warwick Avenue to Airport Road; thence turning west along |
Airport Road to the boundary of T.F. Green state airport; thence running southerly along the |
boundary of T.F. Green state airport to the point of beginning. If any parking facility (including |
entrances, driveways, or private access roads) is constructed partly within the district as so defined, |
the entire facility shall be treated as though within the district. |
(3) "Operator" means any person providing transient parking within the district. |
(4) "Permit fee" means the fee payable annually by an operator to the tax administrator in |
an amount equal to ten dollars ($10.00) for each space made, or to be made, available by the |
operator for transient parking during the period of a permit's effectiveness, but not more than two |
hundred fifty dollars ($250) for each permit. |
(5) "Transient parking" means any parking for motor vehicles at a lot, garage, or other |
parking facility within the district for which a fee is collected by the operator, but excludes: |
(i) Parking for which the fee is charged and paid on a monthly or less frequent basis; |
(ii) Parking for any employee of the operator of the facility; |
(iii) Parking provided by any hotel or motel for registered guests; |
(iv) Parking provided by validation or having a validated rate, where the person providing |
the validation does not maintain a place of business at T.F. Green state airport. |
(6) "Transient parking receipts" means the gross receipts collected by an operator |
(excluding the surcharge imposed by this chapter) in consideration of the provision of transient |
parking. |
1-6-3. Permits for parking operations in district. |
(a) Every person desiring to provide transient parking in the district shall file with the tax |
administrator an application for a permit for each place of business where transient parking will be |
provided. The application shall be in a form, include information, and bear any signatures that the |
tax administrator may require. There shall be no fee for this permit. At the time of making an |
application, the applicant shall pay to the tax administrator the permit fee. Every permit issued |
under this chapter shall expire on June 30 of each year. Every permit holder desiring to renew a |
permit shall annually, on or before February 1 of each year, apply for renewal of its permit and file |
with it the appropriate permit fee. The renewal permit shall be valid for the period of July 1 of that |
calendar year through June 30 of the subsequent calendar year, unless sooner canceled, suspended, |
or revoked. Upon receipt of the required application and permit fee, the tax administrator shall issue |
to the applicant a permit. Provided, that if the applicant, at the time of making the application, owes |
any fee, surcharge, penalty, or interest imposed under the authority of this chapter, the applicant |
shall pay the amount owed. An operator whose permit has been previously suspended or revoked |
shall pay to the tax administrator a permit fee for the renewal or issuance of a permit. |
(b) Whenever any person fails to comply with any provision of this chapter, the tax |
administrator upon hearing, after giving the person at least five (5) days notice in writing, |
specifying the time and place of hearing and requiring the person to show cause why his or her |
permit or permits should not be revoked, may revoke or suspend any one or more of the permits |
held by the person. The notice may be served personally or by mail. The tax administrator shall not |
issue a new permit after the revocation of a permit unless the administrator is satisfied that the |
former holder of the permit will comply with the provisions of the ordinance. |
(c) The superior court of this state has jurisdiction to restrain and enjoin any person from |
engaging in business as an operator of a transient parking facility in the district without a parking |
operator's permit or permits or after a transient parking facility operator's permit has been |
suspended or revoked. The tax administrator may institute proceedings to prevent and restrain |
violations of this chapter. In any proceeding instituted under this section, proof that a person |
continues to operate a transient parking facility from the location to which a revoked parking |
operator's permit was assigned, is prima facie evidence that the person is engaging in business as a |
parking operator without a parking operator's permit. |
(d) Permit fees collected under the authority of this section shall be deposited into the |
general fund of the state. |
SECTION 2. Section 11-18-12 of the General Laws in Chapter 11-18 entitled "Fraud and |
False Dealing" is hereby amended to read as follows: |
11-18-12. Injunction of false advertising. |
(a) Except as provided in subsection (b) of this section, when When it appears to the |
director of business regulation of the state of Rhode Island that any person, firm, corporation, or |
association is violating any of the provisions of § 11-18-10, the director of business regulation may |
cause to be instituted an action, commenced in the name of the director of business regulation in |
his or her capacity as director of business regulation, to enjoin the violation in the superior court |
and the court shall have jurisdiction to enjoin and/or restrain any person, firm, corporation or |
association from violating any of the provisions of § 11-18-10 without regard to whether criminal |
proceedings have been or may be instituted. |
(b) When it appears to the director of labor and training of the state of Rhode Island that |
any person, firm, corporation, or association is violating any of the provisions of § 11-18-10 with |
respect to the offer or sale of liquid fuels, lubricating oils or other similar products, the director of |
labor and training may cause to be instituted an action, commenced in the name of the director of |
labor and training in his or her capacity as director of labor and training, to enjoin the violation in |
the superior court and the court shall have jurisdiction to enjoin and/or restrain any person, firm, |
corporation, or association from violating any of the provisions of § 11-18-10 with respect to the |
offer or sale of liquid fuels, lubricating oils or other similar products without regard to whether |
criminal proceedings have been or may be instituted. |
SECTION 3. Section 31-36.1-3 of the General Laws in Chapter 31-36.1 entitled "Fuel Use |
Reporting Law" is hereby amended to read as follows: |
31-36.1-3. Motor carrier license and identification -- Temporary licenses. |
(a) Each carrier operating a qualified motor vehicle in two (2) or more jurisdictions shall |
apply to the administrator for a motor carrier fuel use license upon forms approved by the |
administrator and there shall be no fee for this license be shall upon application, pay a license fee |
of ten dollars ($10.00). The license shall remain in effect until surrendered or revoked under the |
provisions of § 31-36.1-4. The tax administrator shall, in addition, provide identification devices in |
the quantity requested to each licensed motor carrier. One such device must be displayed on the |
exterior portion of each side of the cab of each qualified motor vehicle. The fee for such |
identification device shall be ten dollars ($10.00) per qualified motor vehicle. Identification devices |
shall be issued each year by the administrator and shall be displayed on or before March 1. |
(b) The administrator may refuse to issue a license if the application for it: |
(1) Is filed by a motor carrier whose license at any time theretofore has been revoked by |
the administrator. |
(2) Contains any misrepresentation, misstatement, or omission of material information |
required by the application. |
(3) Is filed by some other motor carrier as a subterfuge of the real motor carrier in interest |
whose license or registration previously has been revoked for cause by the administrator. |
(4) Is filed by any motor carrier who is delinquent in the payment of any fee, tax, penalty, |
or other amount due the administrator for its account. |
The finding may be made by the administrator after granting the applicant a hearing of |
which the applicant shall be given ten (10) days notice in writing, and in which the applicant shall |
have the right to appear in person or by counsel and present testimony. |
(c) Temporary license. Upon application to the administrator and payment of a fee of ten |
dollars ($10.00), an unlicensed motor carrier may obtain a temporary license which will authorize |
one qualified motor vehicle to be operated on the highways of this state, for a period not to exceed |
ten (10) days, without compliance with the fees imposed in this section, the tax imposed in § 31- |
36.1-5, and the bond required in § 31-36.1-6. There shall be no fee for this license. |
(d) The administrator may adopt rules and regulations specifying the conditions under |
which temporary licenses will be issued and providing for their issuance. |
SECTION 4. Sections 31-37-10 and 31-37-21 of the General Laws in Chapter 31-37 |
entitled "Retail Sale of Gasoline" are hereby amended to read as follows: |
31-37-10. Term of licenses -- Fee. |
(a) Any license issued by the tax administrator to an owner for the operation of a retail |
filling station, or to a peddler of gasoline, shall, from the date of the issuance of the license, be and |
remain in full force and effect until or unless: |
(1) Suspended or revoked by the tax administrator,; |
(2) The business with respect to which the license was issued shall change ownership,; or |
(3) The owner or peddler shall cease to transact the business for which the license was |
issued. |
(b) In any of which cases the license shall expire and terminate, and its holder shall |
immediately return the license to the tax administrator. There shall be no fee for this license. |
The charge or fee for the license shall be five dollars ($5.00). |
31-37-21. Enforcement. |
The tax administrator shall enforce the provisions of this chapter and chapter 36 of this |
title, except that the director of business regulation labor and training shall enforce the provisions |
of §§ 31-37-11 -- 31-37-17 and §§ 11-18-13 -- 11-18-18. The department of business regulation |
labor and training shall cause any violation subject to its jurisdiction under this chapter to be |
referred to law enforcement officials in the city or town where the violation has or is occurring for |
prosecution. |
SECTION 5. Effective September 1, 2019, Section 36-3-5 of the General Laws in Chapter |
36-3 entitled "Division of Personnel Administration" is hereby amended to read as follows: |
36-3-5. Powers and duties of the administrator. |
In addition to the duties imposed upon the personnel administrator elsewhere in the law |
and the personnel rules, it shall be the duty of the personnel administrator: |
(1) As executive head of the division of personnel administration, to direct, supervise, |
develop, and authorize all personnel related administrative and technical activities including |
personnel administration and personnel management. |
(2) To prepare and recommend to the director of administration such rules as are deemed |
necessary to carry out the provisions of the law. |
(3) To supervise the operation of the classification plan and to recommend to the director |
amendments and additions thereto. |
(4) To supervise the operation of the pay plan and to recommend to the director |
amendments and additions thereto. |
(5) To establish and supervise the maintenance of employment lists, promotion lists, and |
reemployment lists; to develop recruitment procedures, monitor agency recruitment processes for |
compliance with the statutes and policies, and make available to state agencies qualified candidates |
as vacancies occur; direct and supervise equal opportunity programs; manage employee benefit |
plans including the coordination of health insurance, prescription/vision care, group life insurance, |
dental care, prepaid legal services, deferred compensation and cancer programs, and any other |
programs established by the legislature related to employee benefits; and to manage career awards |
programs and state and local enforcement firefighters incentive training programs. |
(6) To perform any other lawful act which he or she may consider necessary or desirable |
to carry out the purposes and provisions of this chapter, and chapter 4 of this title, and the rules and |
to conduct innovative demonstration projects to improve state personnel management. |
(7) To facilitate and/or coordinate state and national background checks for applicants |
and/or employees in state positions with access to federal tax information, as defined in § 36-3- |
16(a)(6). |
SECTION 6. Effective September 1, 2019, Chapter 36-3 of the General Laws entitled |
"Division of Personnel Administration" is hereby amended by adding thereto the following section: |
36-3-16. Authority to conduct state and national background checks for applicants |
and employees in state positions with access to federal tax information. |
(a) Definitions. As used in this section, the following terms are hereby defined as follows: |
(1) “Access,” shall mean the direct use, contact, handling or viewing of federal tax |
information, as defined herein, in paper or electronic form, regardless of the frequency, likelihood |
or extent of such access. |
(2) “Agency” or “state agency,” shall mean a Rhode Island state agency within the |
executive branch. |
(3) “Agency head,” shall mean the director or designee of a state agency holding the |
position with access (as defined herein). |
(4) “Applicant for employment,” shall mean an individual who has applied for or may be |
offered employment, transfer or promotional opportunities with a state agency, including |
employment as a full-time or part-time employee, intern, temporary or seasonal employee, or |
volunteer, in a position with access (as defined herein). |
(5) “Current agency employee,” shall mean a full-time or part-time state employee, intern, |
temporary or seasonal employee or volunteer in a position with access (as defined herein). |
(6) “Federal tax information” or “FTI” shall mean: |
(i) Federal tax returns or information created or derived from federal tax returns that is in |
an agency’s possession or control, which is covered by the confidentiality protections of the Internal |
Revenue Code and subject to 26 U.S.C. section 6103 (p)(4) safeguarding requirements, including |
oversight by the Internal Revenue Service (“IRS”); and received directly from the IRS or obtained |
through an authorized secondary source, such as the Social Security Administration (SSA), Federal |
Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS), Centers for |
Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS pursuant to |
an Internal Revenue Code (“IRC”) 6103(p)(2)(B) agreement; and |
(ii) FTI shall expressly not include federal tax returns or information created or derived |
from federal tax returns received from taxpayers or other third-parties. |
(7) “Law enforcement authorized agency” shall mean a government entity authorized to |
conduct national background checks using the federal bureau of investigation’s fingerprinting |
national background check system. |
(b) The personnel administrator or designee shall require to be obtained a state and national |
fingerprint-based criminal background check initially and at least every ten years, as authorized by |
Public Law 92-544, to determine the suitability of an applicant for employment prior to hiring or a |
current agency employee, if the position applied for or held requires or includes access to FTI. |
(c) An applicant for employment or current agency employee who refuses to comply with |
the fingerprint-based background check requirements shall be considered unsuitable for serving in |
a position requiring or involving, or which may require or involve, access to FTI. |
(d) The national fingerprint-based criminal background check shall be facilitated through |
the office of the attorney general or another law enforcement authorized agency and forwarded to |
the federal bureau of investigation for a national criminal history check, according to the policies, |
procedures, and/or regulations established by the office of the attorney general or another law |
enforcement authorized agency. |
(1) For current agency employees, the agency shall pay the applicable fee charged through |
the office attorney general or other law enforcement authorized agency to conduct state and national |
background checks. However, applicants for employment shall be required to pay the fee charged |
through the office attorney general or other law enforcement authorized agency. |
(2) Fingerprint submissions may be retained by the federal bureau Federal Bureau of |
Investigation and the office of the attorney general or other law enforcement authorized agency to |
assist the personnel administrator authorized pursuant to this section to ensure the continued |
suitability of an applicant for employment or a current agency employee for access to FTI. |
(3) The office of the attorney general or other law enforcement authorized agency may |
disseminate the results of the state and national criminal background checks to the personnel |
administrator or designee of the personnel administrator. |
(4) Notwithstanding any law to the contrary, solely for the purposes of this chapter, the |
personnel administrator, agency head and authorized staff of an agency may receive criminal |
offender record information to the extent required by federal law and the results of checks of |
national criminal history information databases under Public Law 92-544. |
(5) Upon receipt of the results of state and national criminal background checks, the |
personnel administrator, agency head and other authorized staff shall treat the information as non- |
public and exempt from disclosure in accordance with the Rhode Island Access to Public Records |
Act access to public records act, R.I. Gen. Laws § 38-2-2(4)(A)(I)(b). Information acquired by |
any agency in the background check process pursuant to this section shall be used solely for the |
purposes of making a determination as to the suitability of a particular current employee or |
applicant for employment for and assignment to duties in a position that requires or includes, or |
may require or include, access to FTI. |
(e) If the office of the attorney general or other law enforcement authorized agency receives |
criminal record information from the state or national fingerprint-based criminal background |
checks that includes no disposition or is otherwise incomplete, the office of the attorney general or |
other law enforcement authorized agency shall notify the personnel administrator and the subject |
person. The applicant for employment or the current agency employee shall be responsible for |
resolving any issues in other jurisdictions causing an incomplete background check. Within fifteen |
(15) business days from being notified, the applicant for employment or current agency employee |
must resolve any incomplete background check. For the purposes of this chapter, the personnel |
administrator, in his or her sole discretion, may extend the amount of time to resolve an incomplete |
report. Once resolved, the applicant’s suitability for employment in a position requiring or |
involving, or which may require or involve, access to FTI shall be determined in accordance with |
subsection (f). |
(1) In the event that an applicant for employment fails to resolve an issue with an |
incomplete background check by the deadline stated herein, the person shall no longer be |
considered for employment to the position with access. |
(2) In the event that a current agency employee fails to resolve an issue with an incomplete |
background check by the deadline provided herein, along with any extension, the employee may |
be terminated or discharged from employment; provided, however, that a current agency employee |
may be placed on administrative leave or reassigned to a position that does not require access to |
FTI if that position is available and subject to the business needs of the agency at the discretion of |
the personnel administrator and agency head. Any such employment action shall be subject to the |
same appeal or grievance procedures as normally authorized. |
(f) The personnel administrator or designee shall review the results to determine the |
suitability of the applicant for employment or current agency employee, based on criteria |
established through regulation, to serve in a position requiring or involving, or which may require |
or involve, access to FTI. In making such a determination of suitability, the personnel administrator |
or designee may consult with the agency head and consider mitigating factors relevant to the current |
agency employee’s employment and the nature of any disqualifying offense. |
(1) In the event that an applicant for employment receives a final determination that the |
person is unsuitable, the person shall no longer be considered for employment into a position with |
access. |
(2) A current employee may appeal a determination of unsuitability to the personnel |
administrator. While the appeal is pending, the employee may be placed on administrative leave in |
the discretion of the personnel administrator. A final determination of unsuitability after appeal |
may result in termination or discharge from employment; provided, however, that subject to the |
discretion of the personnel administrator and the agency head, a current agency employee may be |
reassigned to a position that does not require access to FTI if that position is available and subject |
to the business needs of the agency. Any such employment action shall be subject to further appeal |
or grievance procedures as normally authorized. |
(g) Nothing in this section shall limit or preclude an agency’s right to carry on a background |
investigation of an applicant for employment or a current agency employee using other authorized |
means. |
(h) The Department of Administration is hereby authorized to promulgate and adopt |
regulations necessary to carry out this section. |
(i) The judicial branch is hereby authorized to comply with the provisions herein related to |
employees with access to FTI. |
SECTION 7. Effective September 1, 2019, Chapter 37-2 of the General Laws entitled |
"State Purchases" is hereby amended by adding thereto the following section: |
37-2-81. Authority to conduct state and national background checks for vendors with |
access to federal tax information. |
(a) Definitions. As used in this section, the following terms shall be defined as follows: |
(1) “Access,” shall mean the direct and indirect use, contact, handling or viewing of federal |
tax information, as defined herein, in paper or electronic form, regardless of the frequency, |
likelihood or extent of such access or whether the access is intentional or inadvertent. |
(2) “Agency” or “state agency,” shall mean a Rhode Island state department within the |
executive branch. |
(3) “Agency head” shall mean the director or designee of a state department for which the |
vendor is providing services. |
(4) “Division” shall mean the division of purchases. |
(5) “Federal tax information” or “FTI” shall mean: |
(i) Federal tax returns or information created or derived from federal tax returns that is in |
an agency’s possession or control, which is covered by the confidentiality protections of the Internal |
Revenue Code and subject to 26 U.S.C. section 6103 (p)(4) safeguarding requirements, including |
oversight by the Internal Revenue Service (“IRS”); and is received directly from the IRS or |
obtained through an authorized secondary source, such as the Social Security Administration |
(SSA), Federal Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS), |
Centers for Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS |
pursuant to an Internal Revenue Code (“IRC”) 6103(p)(2)(B) agreement; and |
(ii) Shall not include federal tax returns or information created or derived from federal tax |
returns received directly from taxpayers or other third-parties. |
(6) “Vendor” shall mean any individual, firm, corporation, partnership or other corporate |
entity, including employees, subcontractors, who are performing services for the state and has |
access, as defined herein, to FTI. |
(b) The agency head shall require a vendor to complete a state and national fingerprint- |
based criminal background check, as authorized by Public Law 92-544, to determine the suitability |
of a vendor's employees and subcontractors if the services to the state requires or includes require |
or include, or may require or include, access to FTI. This requirement for a vendor shall be |
incorporated by reference into the vendor’s agreement with the state. No new vendor employee or |
subcontractor who has or may have access to FTI shall perform services for the State until the |
person is deemed suitable by the agency head. Existing vendor employees and subcontractors, as |
of the effective date of this statute, shall complete the background check requirement within a |
reasonable time as approved by the agency head. |
(c) The national fingerprint-based criminal background check shall be facilitated through |
the Rhode Island office of the attorney general or other law enforcement authorized agency, using |
the same criteria established under § 36-3-16 for applicants and current state employees. The |
information shall be forwarded to the Federal Bureau of Investigation (FBI) for a national criminal |
history check, according to the policies, procedures, and/or regulations established by the office of |
the attorney general or other law enforcement authorized agency. The office of the attorney general |
or other law enforcement authorized agency may disseminate the results of the national criminal |
background checks to the Department of Administration and/or the agency head where the services |
are being provided. |
(d) Reciprocity. Nothing herein shall prevent the agency head, at his or her discretion, from |
accepting a recent national fingerprint-based criminal background check for a vendor related to FTI |
access conducted in another suitable jurisdiction. |
(e) The agency head may receive criminal offender record information to the extent |
required by federal law and the results of checks of national criminal history information databases |
under Public Law 92-544. Upon receipt of the results of state and national criminal background |
checks, the agency head shall treat the information as non-public and exempt from disclosure in |
accordance with the Rhode Island Access to Public Records Act access to public records act, R.I. |
Gen. Laws § 38-2-2(4)(B). Information acquired by any agency in the background check process |
pursuant to this section shall be used solely for the purpose of making a determination as to the |
suitability of a vendor in a position which requires or includes, or may require or include, access to |
FTI. |
(f) The state shall not be responsible for any fees charged through the office attorney |
general, other law enforcement authorized agency or other jurisdiction to conduct the state and |
national background check for vendor. |
(g) A vendor who refuses to comply with the fingerprint-based background check |
requirement shall be considered unsuitable for services requiring or involving, or which may |
require or involve, access to FTI. Refusal to comply by the vendor may result in termination of the |
contract with the State and/or other procurement sanctions if appropriate. Nothing herein shall |
prevent the vendor from replacing an employee or subcontractor who refuses to comply with this |
requirement, subject to written approval by the agency head. |
(h) Upon receipt of the results of a state and national criminal background check for the |
vendor the agency head shall review the results and determine the suitability of the person with |
regard to service in a position requiring or involving, or which may require or involve, access to |
FTI. In making a determination of suitability, the agency head may consider mitigating factors |
relevant to the vendor’s scope of work and the nature of any disqualifying offense. Unsuitability of |
a vendor may result in termination of the contract with the State state and/or a requirement that the |
vendor to replace the employee or subcontractor, with a suitable person, subject to written approval |
by the agency head. |
(i) If the office of the attorney general or other law enforcement authorized agency receives |
criminal record information from the state or national fingerprint-based criminal background |
checks that includes no disposition or is otherwise incomplete, the subject person shall be |
responsible for resolving any issues in other jurisdictions causing an incomplete background check. |
The vendor shall immediately notify the state in writing the name and circumstances of any |
employees or subcontractors who have received an incomplete background check. Failure to |
establish suitability of a vendor employee, subcontractor or other agent may result in termination |
of the contract with the State state and/or a requirement that the vendor to replace the employee, |
subcontractor or other agent with a suitable person, subject to written approval by the agency head. |
(j) Nothing in this section shall limit or preclude an agency’s right to carry on a background |
investigation of a vendor using other authorized means. |
(k) The department of administration is hereby authorized to promulgate and adopt |
regulations necessary to carry out this section. |
(l) The judicial branch is hereby authorized to comply with the provisions herein related to |
vendors working on behalf of the judiciary receiving access to FTI. |
SECTION 8. Effective September 1, 2019, sections 40-13.2-2, 40-13.2-4 and 40-13.2-5 in |
Chapter 40-13.2 entitled "Certification of Child Care and Youth Serving Agency Workers" are |
hereby amended to read as follows: |
40-13.2-2. Qualification for childcare employment. |
Notwithstanding any other provisions of law to the contrary, any person seeking to operate |
or seeking employment in any facility which is, or is required to be, licensed or registered with the |
department of children, youth and families, the department of human services, or seeking |
employment at the training school for youth if that employment involves supervisory or disciplinary |
power over a child or children or involves routine contact with a child or children without the |
presence of other employees, shall undergo an employment background check, a CANTS (child |
abuse and neglect tracking system) check of substantiated complaints, and criminal records check |
as provided for in this chapter. The director of the department of children, youth, and families and |
the director of the department of human services may by rule identify those positions requiring |
background checks, CANTS checks and criminal records checks. |
40-13.2-4. Criminal records check -- Operators of child care facilities which that must |
be licensed or registered with the department. |
Any person seeking to operate a facility, that is, or is required to be, licensed or registered |
with the department of human services or the department of children, youth and families, shall |
apply to the Rhode Island bureau of criminal identification, attorney general’s office, or the |
department of children, youth and families or the state or local police department, for a nationwide, |
criminal-records check. The check will conform to the applicable federal standards, including the |
taking of fingerprints to identify the applicant, and any expense associated with providing the |
criminal-records check shall be paid by the applicant and/or requesting agency. The director of the |
department of human services or the department of children, youth and families will determine by |
rule those items of information appearing on a criminal-records check, which constitute |
disqualifying information because that information would indicate that the employment could |
endanger the health or welfare of a child or children. Upon the discovery of any disqualifying |
information with respect to a proposed operator, the Rhode Island bureau of criminal identification |
will inform the director of the department of human services or the department of children, youth |
and families, in writing, of the nature of the disqualifying information. |
40-13.2-5. Criminal-records check – Employees of child day care, day care centers, |
family day care homes, group family day care homes, child placing agencies and residential |
child-care facilities which that must be licensed by the department. |
(a) Any person seeking employment in a “child day care” program, a “family day care |
home,”, “group family day care home”, or in a “child day care center” as defined in section § 42- |
12.5-2 of the general laws, if that employment involves supervisory or disciplinary power over a |
child or children or involves routine contact with a child or children without the presence of other |
employees, in any facility that is, or is required to be, licensed or registered with the department,, |
or any adult household member of any operator of a “family day-care home” and “group family |
day-care home,”, or seeking that employment or to volunteer at the training school for youth, shall, |
after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of |
criminal identification of the state police or the local police department, or the office of the attorney |
general, or the department of children, youth and families, for a nationwide, criminal-records check. |
The check will conform to applicable federal standards including the taking of fingerprints to |
identify the applicant. Further, any person seeking employment in a “child day care” program, in a |
“child day care center,”, and/or in a “child day care provider” as defined in section § 42-12.5-2 of |
the general laws, if that employment involves supervisory or disciplinary power over a child or |
children or involves routine contact with a child or children without the presence of other |
employees shall apply to the bureau of criminal identification of the state police or the local police |
department or the office of the attorney general to conduct all necessary criminal background |
checks as required by the Child Care and Development Block Grant of 2014 (CCDBGA), Pub. L. |
113-186. The criminal record checks as required by this section shall be conducted for every five |
(5) years of continuous child care employment from the date of the previous criminal background |
check. |
(b) Any person seeking employment in a “child placing agency” as defined in section § 42- |
72.1-2 of the general laws, if that employment involves supervisory or disciplinary power over a |
child or children or involves routine contact with a child or children without the presence of other |
employees, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply |
to the bureau of criminal identification of the state police or the local police department, or the |
office of the attorney general or the department of children, youth and families, for a nationwide, |
criminal-records check. The check will conform to applicable federal standards including the taking |
of fingerprints to identify the applicant. |
(c) Any person seeking employment in a “child caring agency”, “children’s behavioral |
health program,”, or in a “foster and adoptive home” as defined in section § 42-72.1-2 of the general |
laws, that is, or is required to be, licensed or registered with the department of children, youth and |
families, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to |
the bureau of criminal identification of the state police or the local police department, or the office |
of the attorney general, or the department of children, youth and families, for a nationwide, |
criminal-records check. The check will conform to applicable federal standards including the taking |
of fingerprints to identify the applicant. |
(b)(d)(e) Upon the discovery of any disqualifying information as defined in accordance |
with the rule promulgated by the director, the bureau of criminal identification of the state police |
or the local police department or the office of the attorney general or the department of children, |
youth and families will inform the applicant, in writing, of the nature of the disqualifying |
information. In addition, the bureau of criminal identification of the state police or the office of the |
attorney general, or department of children, youth and families, or the local police department will |
inform the relevant employer, in writing, without disclosing the nature of the disqualifying |
information, that an item of disqualifying information has been discovered. |
(e)(c)(f) In those situations in which no disqualifying information has been found, the |
bureau of criminal identification of the state police or the local police department or the office of |
the attorney general, or the department of children, youth and families will inform both the |
applicant and the employer, in writing, of this fact that no disqualifying information has been found. |
(d) The employer will maintain on file, subject to inspection by the department, evidence |
that criminal-records checks have been initiated on all employees seeking employment after August |
1, 1985, and the results of the checks. |
(f)(e)(g) Failure to maintain that evidence on file show proof that the employer has initiated |
requests for background checks required by this section will be prima facie grounds to revoke the |
license or registration of the operator of the facility. |
(g)or(f)(h) It will be the responsibility of the bureau of criminal identification of the state |
police or the office of the attorney general, or the local police department, or the department of |
children, youth and families, to conduct the nationwide, criminal-records check pursuant to this |
section. The nationwide, criminal-records check will be provided to the applicant for employment |
without charge. Any expense associated for providing the criminal-records check shall be paid by |
the applicant and/or the requesting agency. |
SECTION 9. Section 42-56-10 of the General Laws in Chapter 42-56 entitled "Corrections |
Department" is hereby amended to read as follows: |
42-56-10. Powers of the director. |
In addition to exercising the powers and performing the duties, which are otherwise given |
to him or her by law, the director of the department of corrections shall: |
(1) Designate, establish, maintain, and administer those state correctional facilities that he |
or she deems necessary, and may discontinue the use of those state correctional facilities that he or |
she deems appropriate for that action; |
(2) Maintain security, safety, and order at all state correctional facilities, utilize the |
resources of the department to prevent escapes from any state correctional facility, take all |
necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of |
any state correctional facility, including, but not limited to, the development, planning, and |
coordination of emergency riot procedures, and take suitable measures for the restoration of order; |
(3) Establish and enforce standards for all state correctional facilities; |
(4) Supervise and/or approve the administration by the assistant directors of the |
department; |
(5) Manage, direct, and supervise the operations of the department; |
(6) Direct employees in the performance of their official duties; |
(7) Hire, promote, transfer, assign, and retain employees and suspend, demote, discharge, |
or take other necessary disciplinary action; |
(8) Maintain the efficiency of the operations of the department; |
(9) Determine the methods, means, and personnel by which those operations of the |
department are to be conducted; |
(10) Relieve employees from duties because of lack of work or for other legitimate reasons; |
(11) Establish, maintain, and administer programs, including, but not limited to, education, |
training, and employment, of persons committed to the custody of the department, designed as far |
as practicable to prepare and assist each person to assume the responsibilities and exercise the rights |
of a citizen of this state; |
(12) Establish a system of classification of persons committed to the custody of the |
department for the purpose of developing programs for each person in order to effectively develop |
an individualized program for each sentenced inmate that will address each offender's individual |
treatment and rehabilitative needs, the department of corrections is authorized to receive, with the |
express consent of the inmate, and upon request to the department of children, youth and families, |
the offender's juvenile arrest and/or adjudication records. Information related to the juvenile's |
family members and other third parties, excluding law enforcement personnel, shall be redacted |
from the records provided prior to their release to the department. The records will be disclosed to |
only those department personnel directly responsible for, and only for the purpose of, developing |
the individualized program for the offender.; |
(13) Determine at the time of commitment, and from time to time thereafter, the custody |
requirements and program needs of each person committed to the custody of the department and |
assign or transfer those persons to appropriate facilities and programs; |
(14) Establish training programs for employees of the department, including the use of an |
application system for the Department's Correctional Officer Training Academy department's |
correctional officer training academy that leverages other law enforcement entity recruiting and |
the establishment of any fee associated with such system, provided that a state application process |
compliant with § 28-6.3-1 also be provided.; |
(15) Investigate grievances and inquire into alleged misconduct within the department; |
(16) Maintain adequate records of persons committed to the custody of the department; |
(17) Establish and maintain programs of research, statistics, and planning, and conduct |
studies relating to correctional programs and responsibilities of the department; |
(18) Utilize, as far as practicable, the services and resources of specialized community |
agencies and other local community groups in the development of programs, recruitment of |
volunteers, and dissemination of information regarding the work and needs of the department; |
(19) Make and enter into any contracts and agreements necessary or incidental to the |
performance of the duties and execution of the powers of the department, including, but not limited |
to, contracts to render services to committed offenders, and to provide for training or education for |
correctional officers and staff; |
(20) Seek to develop civic interest in the work of the department and educate the public to |
the needs and goals of the corrections process; |
(21) Expend annually in the exercise of his or her powers, performance of his or her duties, |
and for the necessary operations of the department those sums that may be appropriated by the |
general assembly; and |
(22) Make and promulgate necessary rules and regulations incident to the exercise of his |
or her powers and the performance of his or her duties, including, but not limited to, rules and |
regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services, |
communication, and visiting privileges, classification, education, training, employment, care, and |
custody for all persons committed to correctional facilities.; |
(23) Make and promulgate regulations to provide: |
(a) Written notice to licensed nursing facilities, licensed assisted-living residences, and |
housing for the elderly whenever a person seeking to reside in one of these facilities or residences |
is being released on parole for any of the following offenses: murder, voluntary manslaughter, |
involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree |
sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit |
specified felonies (murder, robbery, rape, or burglary), felony assault, patient abuse, neglect or |
mistreatment of patients, burglary, first degree arson, felony larceny, or robbery; |
(b) A risk assessment process to identify and recommend safety or security measures |
necessary for the protection of other residents or clients, including whether the parolee should be |
prohibited from residing in any such facility or residence or segregated from other residents or |
clients to protect the security and safety of other residents; |
(c) The written notice to licensed nursing facilities, assisted living residences, or housing |
for the elderly shall include charge information and disposition about the offense for which the |
resident or client has been paroled, contact information for the resident's or client's parole |
supervisor, a copy of the risk assessment and recommendations, if any, regarding safety and |
security measures. A copy of the written notice shall be provided to the parolee; and |
(d) A process for notifying the appropriate state regulatory agency and the state long-term |
care ombudsman whenever notice as required in subdivision 42-56-10 subsection (23)(a) of this |
section above has been given.; |
(24) Notwithstanding the enumeration of the powers of the director as set forth in this |
section, and notwithstanding any other provision of the general laws, the validity and enforceability |
of the provisions of a collective bargaining agreement shall not be contested, affected, or |
diminished, nor shall any arbitration award be vacated, remanded or set aside on the basis of an |
alleged conflict with this section or with any other provision of the general laws. |
SECTION 10. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby |
amended by adding thereto the following section: |
44-1-40. Tax Administrator to prepare list of licensed taxpayers - Notice - Public |
inspection. |
(a) Notwithstanding any other provision of law, the tax administrator may, on a periodic |
basis:, |
(1) Prepare and publish for public distribution a list of entities and their active licenses |
administered under Title 44 this title . |
(2) Prepare and publish for public distribution a list of entities and licenses for the current |
year, as administered by a city or town under Chapter chapter 5 of Title title 3 of the Rhode Island |
General Laws. |
(3) Prepare and publish for public distribution a list of entities and licenses for the |
upcoming year, as administered by a city or town under Chapter chapter 5 of Title title 3 of the |
Rhode Island General Laws. |
(4) Each list may contain the license type, name, and address of each registered entity with |
a license. |
(b) The tax administrator shall not list any taxpayers that do not have an active license. |
(c) Any such list prepared by the tax division shall be available to the public for inspection |
by any person and may be published by the tax administrator on the tax division website. |
SECTION 11. Section 44-5.2-4 of the General Laws in Chapter 44-5.2 entitled "Powers |
and Duties of Fire Districts in the Town of Coventry" is hereby repealed. |
44-5.2-4. Compliance. |
Unless otherwise provided, the division of municipal finance in the department of revenue |
shall monitor fire district compliance with this chapter and issue periodic reports to the general |
assembly on compliance. |
SECTION 12. Section 45-19-1 of the General Laws in chapter 45-19 entitled “Relief of |
Injured and Deceased Fire Fighters and Police Officers” is hereby amended to read as follows: |
45-19-1. Salary payment during line of duty illness or injury. |
(a) Whenever any police officer of the Rhode Island Airport Corporation airport |
corporation or whenever any police officer, fire fighter firefighter, crash rescue crewperson, fire |
marshal, chief deputy fire marshal, or deputy fire marshal of any city, town, fire district, or the state |
of Rhode Island is wholly or partially incapacitated by reason of injuries received or sickness |
contracted in the performance of his or her duties or due to their rendering of emergency assistance |
within the physical boundaries of the state of Rhode Island at any occurrence involving the |
protection or rescue of human life which necessitates that they respond in a professional capacity |
when they would normally be considered by their employer to be officially off-duty, the respective |
city, town, fire district, state of Rhode Island, or Rhode Island Airport Corporation airport |
corporation by which the police officer, fire fighter firefighter, crash rescue crewperson, fire |
marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, during the period of |
the incapacity, pay the police officer, fire fighter firefighter, crash rescue crewperson, fire marshal, |
chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which the police |
officer, fire fighter firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or |
deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the |
medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services, |
medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire |
district, the state of Rhode Island, or Rhode Island Airport Corporation airport corporation |
provides the police officer, fire fighter firefighter, crash rescue crewperson, fire marshal, chief |
deputy fire marshal, or deputy fire marshal, with insurance coverage for the related treatment, |
services, or equipment, then the city, town, fire district, the state of Rhode Island, or Rhode Island |
Airport Corporation airport corporation is only obligated to pay the difference between the |
maximum amount allowable under the insurance coverage and the actual cost of the treatment, |
service, or equipment. In addition, the cities, towns, fire districts, the state of Rhode Island, or |
Rhode Island Airport Corporation airport corporation shall pay all similar expenses incurred by |
a member who has been placed on a disability pension and suffers a recurrence of the injury or |
illness that dictated his or her disability retirement, subject to the provisions of subsection (j) herein. |
(b) As used in this section, "police officer" means and includes any chief or other member |
of the police department of any city or town regularly employed at a fixed salary or wage and any |
deputy sheriff, member of the fugitive task force, or capitol police officer, permanent |
environmental police officer or criminal investigator of the department of environmental |
management, or airport police officer. |
(c) As used in this section, "fire fighter" "firefighter" means and includes any chief or |
other member of the fire department or rescue personnel of any city, town, or fire district, and any |
person employed as a member of the fire department of the town of North Smithfield, or fire |
department or district in any city or town. |
(d) As used in this section, "crash rescue crewperson" means and includes any chief or |
other member of the emergency crash rescue section, division of airports, or department of |
transportation of the state of Rhode Island regularly employed at a fixed salary or wage. |
(e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire |
marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals |
regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title |
23. |
(f) Any person employed by the state of Rhode Island, except for sworn employees of the |
Rhode Island State Police state police, who is otherwise entitled to the benefits of chapter 19 of |
this title shall be subject to the provisions of chapters 29 – 38 of title 28 for all case management |
procedures and dispute resolution for all benefits. |
(g) In order to receive the benefits provided for under this section, a police officer or |
firefighter must prove to their his or her employer that he or she had reasonable grounds to believe |
that there was an emergency which that required an immediate need for their assistance for the |
protection or rescue of human life. |
(h) Any claims to the benefits provided for under this section resulting from the rendering |
of emergency assistance in the state of Rhode Island at any occurrence involving the protection or |
rescue of human life while off-duty, shall first require those covered by this section to submit a |
sworn declaration to their employer attesting to the date, time, place, and nature of the event |
involving the protection or rescue of human life causing the professional assistance to be rendered |
and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn |
declarations shall also be required from any available witness to the alleged emergency involving |
the protection or rescue of human life. |
(i) All declarations required under this section shall contain the following language: |
"Under penalty of perjury, I declare and affirm that I have examined this declaration, |
including any accompanying schedules and statements, and that all statements contained herein are |
true and correct." |
(j) Any person, not employed by the state of Rhode Island, receiving injured on-duty |
benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for |
accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an |
accidental disability retirement allowance from the state retirement board not later than the later of |
eighteen (18) months after the date of the person's injury that resulted in said the person's injured- |
on-duty status or sixty (60) days from the date on which the treating physician certifies that the |
person has reached maximum medical improvement. Nothing herein shall be construed to limit or |
alter any and all rights of the parties with respect to independent medical examination or otherwise, |
as set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any |
person receiving injured-on-duty benefits as the result of a static and incapacitating injury whose |
permanent nature is readily obvious and ascertainable shall be required to apply for an accidental |
disability retirement allowance within sixty (60) days from the date on which the treating physician |
certifies that the person's injury is permanent, or sixty (60) days from the date on which such the |
determination of permanency is made in accordance with the independent medical examination |
procedures as set forth in the applicable collective bargaining agreement. |
(1) If a person with injured-on-duty status fails to apply for an accidental disability |
retirement allowance from the state retirement board within the time frame set forth above, that |
person's injured on duty payment shall terminate. Further, any person suffering a static and |
incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental |
disability benefit allowance as set forth in subsection (j) shall have his or her injured-on-duty |
payment terminated. |
(2) A person who so applies shall continue to receive injured-on-duty payments, and the |
right to continue to receive IOD payments of a person who so applies shall terminate in the event |
of a final ruling of the workers compensation court allowing accidental disability benefits. Nothing |
herein shall be construed to limit or alter any and all rights of the parties with respect to independent |
medical examination or otherwise, as set forth in the applicable collective bargaining agreement. |
(k) Any person employed by the state of Rhode Island who is currently receiving injured- |
on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled |
to injured-on-duty benefits pursuant to this chapter 19, and subject to the jurisdiction of the state |
retirement board for accidental retirement disability, shall apply for an accidental disability |
retirement allowance from the state retirement board not later than sixty (60) days from the date on |
which a treating physician or an independent medical examiner certifies that the person has reached |
maximum medical improvement, and in any event not later than eighteen (18) months after the date |
of the person’s injury that resulted in said the person being on injured-on-duty. Nothing herein |
shall be construed to limit or alter any and all rights of the parties with respect to independent |
medical examination or otherwise, as set forth in the applicable collective bargaining agreement. |
Notwithstanding the forgoing, any person receiving injured on duty benefits as the result of a static |
and incapacitating injury whose permanent nature is readily obvious and ascertainable shall be |
required to apply for an accidental disability retirement allowance within sixty (60) days from the |
date on which a treating physician or an independent medical examiner certifies that the person's |
injury is permanent, or sixty (60) days from the date on which such determination of permanency |
is made in accordance with the independent medical examination procedures as set forth in the |
applicable collective bargaining agreement. |
(1) If a person employed by the state of Rhode Island with injured-on-duty status fails to |
apply for an accidental disability retirement allowance from the state retirement board within the |
time frame set forth in subsection (k) above, that person's injured-on-duty payment shall terminate. |
Further, any person employed by the state of Rhode Island suffering a static and incapacitating |
injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit |
allowance as set forth in subsection (k) shall have his or her injured on duty payment terminated. |
(2) A person employed by the state of Rhode Island who so applies shall continue to |
receive injured on duty payments, and the right to continue to receive injured on-duty payments of |
a person who so applies shall terminate upon final adjudication by the state retirement board |
approving or denying either ordinary or accidental disability payments and, notwithstanding § 45- |
31.2-9, this termination of injured-on-duty benefits shall not be stayed. |
(3)(i)(a) Notwithstanding any other provision of law, all persons employed by the state of |
Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and who |
have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen (18) |
months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to apply |
for an accidental disability retirement benefit allowance. Any person employed by the state of |
Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as of |
July 1, 2019, shall apply for an accidental disability retirement benefit allowance within eighteen |
(18) months of the date of injury that resulted in said the person receiving injured-on-duty pay,; |
provided however, said person shall have a minimum of ninety (90) days to apply. |
Applications for disability retirement received by the state retirement board by any person |
employed by the State of Rhode Island receiving injured-on-duty payments that shall be deemed |
untimely pursuant to §36-10-14(b) shall have ninety (90) days from July 1, 2019, to apply for an |
accidental disability retirement benefit allowance. Failure to apply for an accidental disability |
retirement benefit allowance within the timeframe set forth herein shall result in the termination of |
injured-on-duty benefits. |
(3)(ii)(b) Any person employed by the state of Rhode Island receiving injured-on-duty |
payments who has been issued a final adjudication of the state retirement board on an application |
for an ordinary or accidental disability benefit, either approving or denying said the application, |
shall have his/or her injured-on-duty payments terminated. |
(4) If awarded an accidental disability pension, any person employed by the state of Rhode |
Island covered under this section shall receive benefits consistent with § 36-10-15. |
SECTION 13. Sections 5 through 8 of this article shall take effect September 1, 2019. The |
remaining sections of this article shall take effect upon passage. |