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ARTICLE 4 |
RELATING TO GOVERNMENT REORGANIZATION
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SECTION 1. Sections 5-65-1, 5-65-3, 5-65-7.1, 5-65-10, 5-65-15, 5-65-15.1 and 5-65-20 |
of the General Laws in Chapter 5-65 entitled "Contractors' Registration and Licensing Board" are |
hereby amended to read as follows: |
5-65-1. Definitions. |
As used in this chapter: |
(1) "Board" means the contractors' registration and licensing board established pursuant to |
the provisions of § 5-65-14 or its designees. |
(2) "Claim for retainage" means an allegation that a person seeking payment of retainage |
breached the person's contract for the project; provided, however, that a "claim" related to a project |
with a contract value of not less than two hundred fifty thousand dollars ($250,000) shall be subject |
to the applicable dispute resolution procedure, notice, and other requirements in the contract for |
construction. |
(3) "Commission" means the building code commission supportive of the contractors' |
registration and licensing board. |
(4)(3)(i) "Contractor" means a person who, in the pursuit of an independent business, |
undertakes or offers to undertake or submits a bid, or for compensation and with or without the |
intent to sell the structure arranges to construct, alter, repair, improve, move over public highways, |
roads, or streets or demolish a structure or to perform any work in connection with the construction, |
alteration, repair, improvement, moving over public highways, roads, or streets or demolition of a |
structure, and the appurtenances thereto. For the purposes of this chapter, "appurtenances" includes |
the installation, alteration, or repair of wells connected to a structure consistent with chapter 13.2 |
of title 46. "Contractor" includes, but is not limited to, any person who purchases or owns property |
and constructs, or for compensation arranges for the construction of, one or more structures. |
(ii) A certificate of registration is necessary for each "business entity" regardless of the fact |
that each entity may be owned by the same individual. |
(5)(4) "Contract for construction" means a contract for which a lien may be established |
under chapter 28 of title 34 or for state or municipal public works projects as defined in title 37 on |
a project for which the person on whose contract with the project owner has an original contract |
price of not less than two hundred fifty thousand dollars ($250,000); provided, however, that |
"contract for construction" shall not include a project containing, or designed to contain, at least |
one, but not more than four (4), dwelling units. |
(6)(5) "Deliverable" means a project close-out document that shall be submitted by the |
person seeking payment of retainage under the person's contract for construction; provided, |
however, that a lien waiver or release, which is a deliverable, shall comply with chapter 28 of title |
34; provided, further, that "deliverable" shall not include any document affirming, certifying, or |
confirming completion or correction of labor, materials, or other items furnished or incomplete or |
defective work. |
(7)(6) "Dwelling unit" means a single unit providing complete independent living facilities |
for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and |
sanitation. |
(8)(7) "Hearing officer" means a person designated by the executive director director of |
the department of business regulation or the director’s designee to hear contested claims or cases, |
contested enforcement proceedings, and contested administrative fines, in accordance with the |
"administrative procedures act", chapter 35 of title 42. |
(9)(8) "Incomplete or defective work" means labor, materials, or any other item required |
for full performance by a person seeking payment of retainage that remains to be furnished by the |
person under the person's contract for construction or that has been furnished by the person but |
requires correction, repair, further completion, revision, or replacement; provided, however, that |
"incomplete or defective work" shall not include deliverables or labor, materials, or any other item |
to be repaired or replaced after substantial or final completion pursuant to a warranty, guarantee, |
or other contractual obligation to correct defective work after substantial or final completion. |
(10)(9) "Monetary damages" means the dollar amount required in excess of the contract |
amount necessary to provide the claimant with what was agreed to be provided under the terms of |
the contract reduced by any amount due and unpaid to the respondent inclusive of any and all |
awards and restitution. |
(10) "Office" means the state building office. |
(11) "Person" means any natural person, joint venture, partnership, corporation, or other |
business or legal entity who or that enters into a contract for construction. |
(12) "Prime contractor" means a person who or that enters into a contract for construction |
with the project owner. |
(13) "Retainage" means a portion or percentage of a payment due pursuant to a contract |
for construction that is withheld to ensure full performance of the contract for construction. |
(14) "Staff" means the executive director for the contractors' registration and licensing |
board, and any other staff necessary to carry out the powers, functions, and duties of the board |
including inspectors, hearing officers, and other supportive staff. |
(15) "State" means the state of Rhode Island. |
(16) "Structure" means (i) Any commercial building; or (ii) Any building containing one |
or more residences and their appurtenances. The board's dispute resolution process shall apply only |
to residential structures containing dwelling units, as defined in the state building code, or |
residential portions of other types of buildings without regard to how many units any structure may |
contain. The board retains jurisdiction and may conduct hearings regarding violations against all |
contractors required to be registered or licensed by the board. |
(17) "Substantially" means any violation that affects the health, safety, and welfare of the |
general public. |
(18) "Substantial completion" means the stage in the progress of the project when the work |
required by the contract for construction with the project owner is sufficiently complete in |
accordance with the contract for construction so that the project owner may occupy or utilize the |
work for its intended use; provided, further, that "substantial completion" may apply to the entire |
project or a phase of the entire project if the contract for construction with the project owner |
expressly permits substantial completion to apply to defined phases of the project. |
5-65-3. Registration for work on a structure required of contractor -- Issuance of |
building permits to unregistered or unlicensed contractors prohibited -- Evidence of activity |
as a contractor -- Duties of contractors. |
(a) A person shall not undertake, offer to undertake, or submit a bid to do work as a |
contractor on a structure or arrange to have work done unless that person has a current, valid |
certificate of registration for all construction work issued by the board. A partnership, corporation, |
or joint venture may do the work; offer to undertake the work; or submit a bid to do the work only |
if that partnership, corporation, or joint venture is registered for the work. In the case of registration |
by a corporation or partnership, an individual shall be designated to be responsible for the |
corporation's or partnership's work. The corporation or partnership and its designee shall be jointly |
and severally liable for the payment of the registration fee, as required in this chapter, and for |
violations of any provisions of this chapter. Disciplinary action taken on a registration held by a |
corporation, partnership, or sole proprietor may affect other registrations held by the same |
corporation, partnership, or sole proprietorship, and may preclude future registration by the |
principal of that business entity. |
(b) A registered partnership or corporation shall notify the board in writing immediately |
upon any change in partners or corporate officers. |
(c) A city, town, or the state shall not issue a building permit to anyone required to be |
registered under this chapter who does not have a current, valid certificate of registration |
identification card or valid license that shall be presented at the time of issuance of a permit and |
shall become a condition of a valid permit. Each city, town, or the state that requires the issuance |
of a permit as a condition precedent to construction, alteration, improvement, demolition, |
movement, or repair of any building or structure or the appurtenance to the structure shall also |
require that each applicant for the permit file, as a condition to issuing the permit, a written affidavit |
subject to the penalties of perjury, subscribed by the applicant, that the applicant is registered under |
the provisions of this chapter, giving the number of the registration and stating that the registration |
is in full force and effect, or, if the applicant is exempt from the provisions of this chapter, listing |
the basis for the exemption. The city, town, or the state shall list the contractor's registration number |
on the permit obtained by that contractor, and if a homeowner is issued a permit, the building |
inspector or official must ascertain registration numbers of each contractor on the premises and |
shall inform the registration board of any non-registered contractors performing work at the site. |
(d) Every city and town that requires the issuance of a business license as a condition |
precedent to engaging, within the city or town, in a business that is subject to regulation under this |
chapter, shall require that each licensee and each applicant for issuance or renewal of the license |
file, or has on file, with the city or town a signed statement that the licensee or applicant is registered |
under the provisions of this chapter and stating that the registration is in full force and effect. |
(e) It shall be prima facie evidence of doing business as a contractor when a person for that |
person's own use performs, employs others to perform, or for compensation and with the intent to |
sell the structure, arranges to have performed any work described in § 5-65-1(4) if within any one |
twelve-month (12) period that person offers for sale one or more structures on which that work was |
performed. |
(f) Registration under this chapter shall be prima facie evidence that the registrant conducts |
a separate, independent business. |
(g) The provisions of this chapter shall be exclusive and no city or town shall require or |
shall issue any registrations or licenses nor charge any fee for the regulatory registration of any |
contractor registered with the board. Nothing in this subsection shall limit or abridge the authority |
of any city or town to license and levy and collect a general and nondiscriminatory license fee |
levied upon all businesses, or to levy a tax based upon business conducted by any firm within the |
city or town's jurisdiction, if permitted under the laws of the state. |
(h)(1) Every contractor shall maintain a list that shall include the following information |
about all subcontractors or other contractors performing work on a structure for that contractor: |
(i) Names and addresses; and |
(ii) Registration numbers or other license numbers. |
(2) The list referred to in subsection (h)(1) of this section shall be delivered to the board |
within twenty-four (24) hours after a request is made during reasonable working hours, or a fine of |
twenty-five dollars ($25.00) may be imposed for each offense. |
(i) The following subcontractors who are not employees of a registered contractor must |
obtain a registration certificate prior to conducting any work: (1) Carpenters, including finish |
carpenters and framers; (2) Siding installers; (3) Roofers; (4) Foundation installers, including |
concrete installers and form installers; (5) Drywall installers; (6) Plasterers; (7) Insulation installers; |
(8) Ceramic tile installers; (9) Floor covering installers; (10) Swimming pool installers, both above |
ground and in ground; (11) Masons, including chimney installers, fireplace installers, and general |
masonry erectors. This list is not all inclusive and shall not be limited to the above-referenced |
contractors. No subcontractor licensed by another in-state agency pursuant to § 5-65-2 shall be |
required to register, provided that said work is performed under the purview of that license. |
(j) A contractor including, but not limited to, a general contractor, shall not hire any |
subcontractor or other contractor to work on a structure unless the contractor is registered under |
this chapter or exempt from registration under the provisions of § 5-65-2. |
(k) A summary of this chapter, prepared by the board and provided at cost to all registered |
contractors, shall be delivered by the contractor to the owner when the contractor begins work on |
a structure; failure to comply may result in a fine. |
(l) The registration number of each contractor shall appear in any advertising by that |
contractor. Advertising in any form by an unregistered contractor shall be prohibited, including |
alphabetical or classified directory listings, vehicles, business cards, and all other forms of |
advertisements. The violations could result in a penalty being assessed by the board per |
administrative procedures established. |
(i) The board may publish, revoke, or suspend registrations and the date the registration |
was suspended or revoked on a quarterly basis. |
(ii) Use of the word "license" in any form of advertising when only registered may subject |
the registrant or those required to be registered to a fine of one hundred dollars ($100) for each |
offense at the discretion of the board. |
(m) The contractor must see that permits required by the state building code are secured on |
behalf of the owner prior to commencing the work involved. The contractor's registration number |
must be affixed to the permit as required by the state building code. |
(n) The board may assess an interest penalty of twelve percent (12%) annually when a |
monetary award is ordered by the board. |
(o) All work performed, including labor and materials, in excess of one thousand dollars |
($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this |
subsection shall include a location on or near the signature line location on or in which the parties |
to the contract shall initial to evidence the receipt of certain consumer education materials or |
information approved and provided by the board to the contractor. The educational materials and/or |
information shall include, but not be limited to, the following notice and shall be provided by the |
contractor to the homeowner: |
NOTICE OF POSSIBLE MECHANIC'S LIEN |
To: Insert name of owner, lessee or tenant, or owner of less than the simple fee. |
The undersigned is about to perform work and/or furnish materials for the construction, |
erection, alterations or repair upon the land at (INSERT ADDRESS) under contract with you. This |
is a notice that the undersigned and any other persons who provide labor and materials for the |
improvement under contract with the undersigned may file a mechanic's lien upon the land in the |
event of nonpayment to them. It is your responsibility to assure yourself that those other persons |
under contract with the undersigned receive payment for their work performed and materials |
furnished for the construction, erection, alteration or repair upon the land. Failure to adhere to the |
provisions of this subsection may result in a one-thousand-dollar ($1,000) fine against the |
contractor and shall not affect the right of any other person performing work or furnishing materials |
of claiming a lien pursuant to chapter 28 of title 34. However, such person failing to provide such |
notice shall indemnify and hold harmless any owner, lessee or tenant, or owner of less than the fee |
simple from any payment or costs incurred on account of any liens claims by those not in privity |
with them, unless such owner, lessee or tenant, or owner of less than the fee simple shall not have |
paid such person. |
(p) Contracts entered into must contain notice of right of rescission as stipulated in all |
pertinent Rhode Island consumer protection laws and/or § 5-65-27 if applicable. |
(q) The contractor must stipulate whether or not all the proper insurances are in effect for |
each job contracted. |
(r) Contractors who are in compliance with the provisions of this subsection shall be |
exempt from the requirements of § 34-28-4.1. |
(s) In addition to the requirements of this chapter, contractors engaged in well drilling |
activities shall also be subject to regulations pertaining to licensing and registration promulgated |
by the contractors' registration and licensing board pursuant to chapter 65.2 of this title and § 46- |
13.2-4. |
5-65-7.1. Notice of cancellation or failure to renew policies. |
Upon the cancellation or failure to renew, the insurance company having written a liability |
policy, as described in § 5-65-7, shall notify the director of the contractors' registration and |
licensing board of the cancellation or failure to renew. The policy shall continue in effect until ten |
(10) days after written notice of the cancellation is given to the director of the contractors' |
registration and licensing board of the cancellation or termination of the liability policy by the |
issuing insurance company or companies in addition to any other notices which that may be |
required by law. Any insurance company that fails to notify the director contractors’ registration |
and licensing board, as required in this section, shall be subject to prosecution for a misdemeanor, |
and upon conviction of that offense, may be punished by a fine of not more than two hundred fifty |
dollars ($250) for each offense and shall be responsible for any claims, fines, or penalties from any |
parties resulting from lack of notice. All criminal actions for any violation of this section shall be |
prosecuted by the attorney general. The attorney general shall prosecute actions to enforce the |
payment penalties and fines at the request of the director of the department of business regulation |
or the director’s designee. |
5-65-10. Grounds for discipline -- Injunctions. |
(a) The board or commission office may revoke, suspend, or refuse to issue, reinstate, or |
reissue a certificate of registration if the board or commission office determines after notice and |
opportunity for a hearing: |
(1) That the registrant or applicant has violated § 5-65-3. |
(2) That the insurance required by § 5-65-7 is not currently in effect. |
(3) That the registrant, licensee, or applicant has engaged in conduct as a contractor that is |
dishonest or fraudulent that the board finds injurious to the welfare of the public. |
(4) Has violated a rule or order of the board. |
(5) That the registrant has knowingly assisted an unregistered person to act in violation of |
this chapter. |
(6) That a lien was filed on a structure under chapter 28 of title 34 because the registrant or |
applicant wrongfully failed to perform a contractual duty to pay money to the person claiming the |
lien. |
(7) That the registrant has substantially violated state or local building codes. |
(8) That the registrant has made false or fraudulent statements on his or her application. |
(9) That a registrant has engaged in repeated acts in violation of this chapter and the board's |
rules and regulations inclusive of substandard workmanship and any misuse of registration. |
(10) The board may take disciplinary action against a contractor who performed work, or |
arranged to perform, while the registration was suspended, invalidated, or revoked. Deposits |
received by a contractor and ordered returned are not considered a monetary award when no |
services or supplies have been received. |
(11) That the registrant breached a contract. |
(12) That the registrant performed negligent and/or improper work. |
(13) That the registrant has advertised with a license number instead of using a registration |
number. |
(14) That the registrant has failed to complete a project(s) for construction or a willful |
failure to comply with the terms of a contract or written warranty. |
(15) That the registrant has misrepresented his registration status as valid when said the |
registration is suspended, revoked, invalidated, inactive, or unregistered as required by the board. |
(16) That the registrant has failed to pay a fine or comply with any order issued by the |
board. |
(17) That the registrant has failed to obtain or maintain the required continuing |
education/units required by the board, or failed to sign the affidavit statement required by the board |
for registration or renewal. |
(18) When a violation for hiring a non-registered contractor, working as a non-registered |
contractor, or not maintaining the insurance required is issued, the registration may become |
invalidated until the violation is resolved or hearing is requested on this offense. |
(19) That the registrant has violated any of the provisions of chapters 25-3, 28-3, 28-12, |
28-14, 28-36, 28-50, and/or 37-13 3 of title 25; 3, 12, 14, 36, or 50 of title 28; or 13 of title 37. A |
finding that the registrant has violated any of those chapters shall not be grounds for imposition of |
a monetary penalty under subsection (c) below. |
(b) In addition to all other remedies, when it appears to the board that a person has engaged |
in, or is engaging in, any act, practice, or transaction which that violates the provisions of this |
chapter, the board may direct the attorney general to apply to the court for an injunction restraining |
the person from violating the provisions of this chapter. An injunction shall not be issued for failure |
to maintain the list provided for in § 5-65-3(h) unless the court determines that the failure is |
intentional. |
(c)(1) For each first violation of a particular section of this chapter or an y rule or regulation |
promulgated by the board, a fine not to exceed five thousand dollars ($5,000) may be imposed after |
a hearing by the board. Provided, further, that the board at its discretion may, after a hearing, impose |
an additional fine up to but not to exceed the face value of the contract or the actual damages caused |
by the contractor, whichever shall be greater. Where the claim is for actual damages the board shall |
require proof satisfactory to the board indicating said the damages. Where corrective work is |
completed as ordered by the board, the fine assessed may be reduced as determined by the board. |
Fines and decisions on claims or violations inclusive of monetary awards can be imposed against |
registered as well as contractors required to be registered by the board. |
(2) For each subsequent violation of a particular subsection of this chapter or of a rule or |
regulation promulgated by the board, a fine not to exceed ten thousand dollars ($10,000) may be |
imposed after a hearing by the board. All fines collected by the board shall be deposited as general |
revenues until June 30, 2008, to be used to enforce the provisions of this chapter. Beginning July |
1, 2008, all fines collected by the board shall be deposited into a restricted receipt account to be |
used to enforce the provisions of this chapter. |
(3) For the first violation of § 5-65-3, only for non-registered contractors, a fine of up to |
five thousand dollars ($5,000) for a first offense and up to ten thousand dollars ($10,000) for each |
subsequent offense shall be imposed. |
(d) The hearing officer, upon rendering a conclusion, may require the registrant, in lieu of |
a fine, to attend continuing education courses as appropriate. Failure to adhere to the requirement |
could result in immediate revocation of registration. |
(e) The expiration of a registration by operation of law or by order or decision of the board |
or a court, or the voluntary surrender of registration by the registrant, does not deprive the board of |
jurisdiction, an action or disciplinary proceeding against the registrant or to render a decision |
suspending or revoking a registration. |
(f) In emergency situations, when a registrant is acting to the detriment of the health, |
welfare, and safety of the general public, the board's executive director of the department of |
business regulation, or the director’s designee, may revoke or suspend a registration without a |
hearing for just cause for a period of thirty (30) days. |
(g) A registrant may petition the board to partially or completely expunge his or her record |
provided that notice of said the expungement proceedings has been provided to the claimant who |
was the subject of the violation. For purposes of this subsection, "notice" shall consist of a mailing |
to the last known address of the claimant and need not be actual notice. |
(h) Any person or contractor, registered or not, who or that uses another contractor's |
registration, contractor's registration identification card, or allows another person to use their |
contractor's registration fraudulently in any way, will be subject to a fine not exceeding ten |
thousand dollars ($10,000). |
(i) When the use of fraudulent advertising entices an individual to hire an unregistered |
contractor, a fine of up to ten thousand dollars ($10,000) may be imposed by the board. |
(j) It shall be unlawful to retain a social security number or copy of the driver's license from |
a registrant by a building official as a condition of obtaining a permit. |
(k) The board is further authorized upon certain findings or violations to: |
(1) Put a lien on property held by a contractor. |
(2) Take action on registrant when the continuing education requirements have failed to be |
attained as required in rules and regulations. |
(3) When upon investigation a complaint reveals: serious code infractions; unsatisfied |
mechanic's liens; abandonment of a job for a substantial period of time without apparent cause; or |
any other conduct detrimental to the public, the board can double the fines. |
(4) Suspend, revoke, or refuse to issue, reinstate, or reissue a certificate of registration to |
any registrant who has contracted, advertised, offered to contract, or submitted a bid when the |
contractor's registration is suspended, revoked, invalidated or inactive or unregistered as required |
by the board. |
(l) No person shall register as a contractor with the contractors' registration board for the |
purpose of deceiving or circumventing the registration process by enabling a person whose |
registration has been suspended or revoked to conduct business. Provided, further, that any person |
who, in good faith relies on the board or the contractor's registration website for information |
regarding registration status of another, shall be exempt from violations pursuant to this section if |
the information is not correct. Violators of this section shall be jointly and individually liable for |
damages resulting from their activities as contractors pursuant to this chapter. Violations of this |
subsection may result in a revocation of registration and/or fines not to exceed ten thousand dollars |
($10,000) and/or up to one year in jail. Furthermore, the director of the department of business |
regulation, or the director’s designee, shall require that all applicants for registration shall swear by |
way of affidavit sign a statement that they are aware of this provision and its implications. |
(m) Upon receipt of notice of a final determination, after the exhaustion of all appeals, by |
the department of labor and training, consent agreement, or court order that a registered contractor |
violated any of the provisions of chapters 25-3, 28-3, 28-12, 28-14, 28-36, 28-50, and/or 37-13 3 |
of title 25; 3, 12, 14, 36, or 50 of title 28; or 13 of title 37 and owes any wages, benefits, or other |
sums arising out of such the violation, the board shall immediately suspend the contractor's |
registration of such the contractor in accordance with this subsection. The suspension shall |
continue until all wages, benefits, or other sums owed have been paid or the contractor has entered |
into a written, binding agreement to pay the same acceptable to the department of labor and training |
and is not in default in payment under such agreement. If the contractor fails to remain current in |
payment under any such agreement, the department of labor and training shall notify the |
contractors' registration board and the suspension shall be imposed or reinstated, as the case may |
be. The foregoing sanction is mandatory, but shall not be grounds for imposition of a monetary |
penalty under subsection (c) above. |
(n) When the registration of a contractor has been revoked or suspended, neither the |
contractor nor any successor entity or sole proprietorship that: (1) Has one or more of the same |
principals or officers as the partnership, limited partnership, limited-liability partnership, joint |
venture, limited-liability company, corporation, or sole proprietorship as the subject contractor; and |
(2) Is engaged in the same or equivalent trade or activity shall be qualified to register or retain a |
registration as a contractor under this chapter, unless and until the board shall determine that the |
basis of the revocation or suspension has been satisfied or removed and that the registrant or |
applicant otherwise satisfies the requirements for registration under this chapter. Notwithstanding |
the foregoing, a natural person may obtain relief from the application and enforcement of this |
subsection as to him or her, if he or she can establish that he or she was not responsible for, and did |
not acquiesce to the misconduct which that is the basis of the revocation, suspension, or denial of |
registration. |
5-65-15. Officers -- Quorum -- Compensation and expenses. |
(a) The board shall select from among its members a chairperson, a vice chairperson, and |
any other officers for the terms and with the duties and powers necessary for the performance of |
their duties that the board determines. |
(b) A majority of the members of the board shall constitute a quorum for the transaction of |
business. |
(c) The board shall have an executive director a member of staff who shall attend all |
meetings and shall direct the conduct of any investigation which that may be necessary in the |
preparation of any hearing. The executive director shall be a member of the classified service on |
the staff of the state building commissioner and shall be compensated as appropriate for the required |
expertise. |
5-65-15.1. Staff. |
(a) The state building code commission office shall provide the board with appropriate |
staff, including hearing officials and investigators, who shall perform their duties under the |
administrative supervision of the executive director of the department of business regulation or the |
director’s designee. |
(b) The board may delegate the powers, functions, and duties to the provided staff. |
5-65-20. Administrative hearings. |
(a) Contested claims or cases, contested enforcement proceedings, and contested |
administrative fines shall be heard, in accordance with the Administrative administrative |
Procedures procedures Act act, chapter 35 of title 42, and the administrative regulations |
promulgated by the board, by the hearings officer(s) assigned by the executive director of the |
department of business regulation or the director’s designee of the board. |
(b) The board has jurisdiction to hear appeals from decisions of the hearing officer(s), and |
may by regulation impose a filing fee, not to exceed twenty dollars ($20.00), for any appeal. |
(c) Notwithstanding the preceding, the executive director of the department of business |
regulation, or the director’s designee, for the board is authorized to resolve contested enforcement |
or claim proceedings through informal disposition pursuant to regulations promulgated by the |
board. |
SECTION 2. Effective January 1, 2020, Section 5-84-3 of the General Laws in Chapter 5- |
84 entitled "Division of Building, Design and Fire Professionals" is hereby amended to read as |
follows: |
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 and review, and the office of the state building office. |
commissioner, the board of registration for professional engineers, board of registration for |
professional land surveyors, board of examination and registration of architects, the board of |
examiners of landscape architects, and the contractors' registration and licensing board. |
SECTION 3. Effective January 1, 2020, Section 5-84 of the General Laws entitled |
"Division of Building, Design and Fire Professionals" is hereby amended by adding thereto the |
following section: |
5-84-3. 1. Establishment of the state building office. |
(a) There shall be the state building office within the department of business regulation's |
division of building, design and fire professionals which shall consist of: the office of the state |
building commissioner, the board of registration for professional engineers, the board of |
registration for professional land surveyors, the board of examination and registration of architects, |
the board of examiners of landscape architects, and the contractors' registration and licensing board. |
(b) The department of business regulation is hereby designated as the administrative entity |
responsible for the operation of the state building office. In the discretion of the director of business |
regulation, the department shall provide appropriate staff support to the state building office, and |
any such staff may be shared within the state building office as necessary. |
SECTION 4. Effective January 1, 2020, Sections 23-27.3-100.1.3, 23-27.3-100.1.4, 23- |
27.3-100.1.5.1, 23-27.3-107.2, 23-27.3-107.8, 23-27.3-107.9, 23-27.3-108.1.3.1, 23-27.3-108.2 |
and 23-27.3-118.1 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are |
hereby amended to read 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 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 office. |
23-27.3-100.1.4. Appointment and qualifications of the committee. |
(a) The building code standards committee shall be composed of twenty-five (25) |
members, residents of the state who shall be appointed by the governor with the advice and consent |
of the senate. Eight (8) members are to be appointed for terms of one year each, seven (7) for a |
term of two (2) years each, and ten (10) for terms of three (3) years each. Annually, thereafter, the |
governor, with the advice and consent of the senate, shall appoint members to the committee to |
succeed those whose terms expired; the members to serve for terms of three (3) years each and until |
their successors are appointed and qualified. Two (2) members shall be architects registered in the |
state; three (3) shall be professional engineers registered in the state, one specializing in |
mechanical, one specializing in structural, and one specializing in electrical engineering; one |
landscape architect, registered in the state; one full-time certified electrical inspector; two (2) shall |
be builders or superintendents of building construction; one shall be a public health official; one |
shall be a qualified fire code official; two (2) shall be from the Rhode Island building trades council; |
two (2) shall be from the Rhode Island Builders Association; one shall be a holder of Class "A" |
electrician's license; one shall be a master plumber; two (2) shall be from the general public; three |
(3) shall be building officials in office, one from a municipality with a population of sixty thousand |
(60,000) persons or more, one from a municipality with a population of over twenty thousand |
(20,000) persons but less than sixty thousand (60,000), and one from a municipality with a |
population of less than twenty thousand (20,000) persons; one shall be a minimum housing official |
in office from one of the local municipalities; and two (2) residents of the state who shall be persons |
with disabilities as defined in § 42-87-1. |
(b) All members shall have no less than five (5) years practical experience in their |
profession or business. The committee shall elect its own chairperson and may elect from among |
its members such other officers as it deems necessary. Thirteen (13) members of the board shall |
constitute a quorum and the vote of a majority vote of those present shall be required for action. |
The committee shall adopt rules and regulations for procedure. The state building commissioner |
shall serve as the executive secretary to the committee. The committee shall have the power, within |
the limits of appropriations provided therefor, to employ such assistance as may be necessary to |
conduct business. |
(c) Members of the commission committee shall be removable by the governor pursuant to |
§ 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to |
capacity or fitness for the office shall be unlawful. |
(d) The state housing and property maintenance code subcommittee shall be composed of |
nine (9) members, residents of the state. Five (5) of these members are to be current members of |
the state building code standards committee and are to be appointed by that committee. The four |
(4) remaining members are to be appointed by the governor, with the advice and consent of the |
senate. The four (4) appointed by the governor, with the advice and consent of the senate, shall |
initially be appointed on a staggered term basis, one for one year, one for two (2) years, and two |
(2) for three (3) years. Annually thereafter, the building code standards committee, and the |
governor, with the advice and consent of the senate, shall appoint the subcommittee members, for |
which they are respectively responsible, to succeed those whose terms have expired; the members |
to serve for terms of three (3) years each and until their successors are appointed and qualified. Of |
the members appointed by the committee, one shall be a full-time certified electrical inspector; one |
shall be a master plumber and mechanical equipment expert; one shall be a builder or |
superintendent of building construction; one member shall be a qualified state fire code official; |
one shall be a property manager; and one shall be a current minimum housing official from a local |
municipality. The four (4) members to be appointed by the governor, with the advice and consent |
of the senate, shall all be current minimum housing officials from local municipalities. One shall |
be from a municipality with a population of sixty thousand (60,000) persons or more, two (2) from |
municipalities with a population of over twenty thousand (20,000) persons but less than sixty |
thousand (60,000), and one from a municipality with a population of less than twenty thousand |
(20,000) persons. |
23-27.3-100.1.5.1. Housing and maintenance code -- Powers and duties of the building |
code standards committee. |
(a) The committee shall have the authority to adopt and promulgate a housing and |
maintenance code which that shall be reasonably consistent with recognized and accepted |
standards and codes promoted by national model code organizations. The code shall be submitted |
to the legislature for adoption and amendments as required. Once adopted by the legislature, the |
law shall not be amended by the cities and towns. The committee shall have the singular authority |
to submit further amendments to the legislature as required. These new provisions shall replace, |
and/or amend the existing provisions of the Minimum Housing Standards, chapter 24.2 of title 45, |
and the Housing, Maintenance and Occupancy Code, chapter 24.3 of title 45. Once adopted by the |
legislature, the laws shall not be amended by the cities and towns without prior approval of the |
committee and subsequently the legislature. The state housing and property maintenance code |
subcommittee shall carry out its responsibilities to the building code standards committee by acting |
as an entity of the committee in administering the code,; by recommending needed code |
amendments,; by promulgating the code,; and by serving as the board of standards and appeals for |
the code. |
(b) The subcommittee shall also have a recording secretary who shall attend all meetings |
and direct the conduct of any investigation which that may be necessary in the preparation of any |
hearing. The recording secretary shall be a member of the classified service on the staff of the state |
building commissioner office and shall be compensated as appropriate for the expertise required. |
The administration and appeals procedures pertaining to these laws shall remain in the prerogatives |
of the local municipalities and the legislature. |
(c) Within ninety (90) days after the end of each fiscal year, the committee shall approve |
and submit an annual report to the governor, the speaker of the house of representatives, the |
president of the senate, and the secretary of state, of its activities during that fiscal year. The report |
shall provide: an operating statement summarizing meetings or hearings held, including meeting |
minutes, subjects addressed, decisions rendered, applications considered and their disposition, 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 committee; a summary of any training courses held pursuant to this chapter; a |
briefing on anticipated activities in the upcoming fiscal year, and findings and recommendations |
for improvements. The report shall be posted electronically on the websites of the general assembly |
and the secretary of state pursuant to the provisions of § 42-20-8.2. The director of the department |
of administration shall be responsible for the enforcement of the provisions of this section. |
(d) To 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 |
committee, be approved by the committee, and be conducted by the chair of the committee. The |
committee may approve the use of any committee and/or staff members and/or individuals to assist |
with training. The training course shall include instruction in the following areas: the provisions of |
chapters 42-46, 36-14 and 38-2 46 of title 42; 14 of title 36; and 2 of title 38; and the committee's |
rules and regulations. The director of the department of administration shall, within ninety (90) |
days of June 16, 2006, prepare and disseminate training materials relating to the provisions of |
chapters 42-46, 36-14, and 38-2 46 of title 42; 14 of title 36; and 2 of title 38. |
23-27.3-107.2. Alternate local building official. |
The appropriate local authority shall appoint an alternate building official to act on behalf |
of the building official during any period of disability caused by, but not limited to, illness, absence, |
or conflict of interest. The alternate building official shall meet the qualifications of § 23-27.3- |
107.5. The appropriate local authority shall appoint an alternate local building official within ten |
(10) calendar days or request the commissioner's state building office's services as allowed in § 23- |
27.3-107.3. When the state building commissioner's office's services are used due to the lack of a |
local building official, the salary and operating expenses of the commissioner, or his or her |
designee, shall be reimbursed to the commissioner's account state as allowed by § 23-27.3-108.2(c). |
23-27.3-107.8. Restriction on employees' activities. |
Neither the building commissioner, nor any full-time building officials, or full-time local |
inspectors, as defined in this code, shall be engaged in, or directly or indirectly connected with, the |
furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of any |
building or structure, or the preparation of plans or specifications therefor for the state, in the case |
of the building commissioner, or within the municipality in which he or she is respectively |
employed in the case of a building official or local inspector unless the individual is the owner of |
the building or structure; nor shall any officer or employee associated with the state building office |
department of the state or municipality engage in any work which that conflicts with his or her |
official duties or with the interests of the department of business regulation. |
23-27.3-107.9. Relief from personal responsibility. |
The state building commissioner, the members and staff of the building code standards |
committee and the board of standards and appeals, the building official, officer, or employee |
charged with the enforcement, administration and/or review of this code, while acting for the state |
or a municipality, shall not thereby render himself or herself liable personally, and he or she is |
hereby relieved from all personal liability for any damages that may accrue to persons or property |
as a result of any act required or permitted in the discharge of his or her official duties. Any suit |
instituted against any of these officers or employees because of an act performed by him or her in |
the lawful discharge of his or her duties and under the provisions of this code shall be defended by |
the legal representative of the state in the case of the members and staff of the building code |
standards committee and the board of standards and appeals, and the building commissioner or his |
or her agents or by the legal representative of the municipality, in the case of the building official, |
officer, or employee, until the final determination of the proceedings. In no case shall members and |
staff of the building code standards committee and the board of standards and appeals, the state |
building commissioner, building official, or any of their subordinates be liable for costs or damages |
in any action, suit, or proceeding that may be instituted pursuant to the provisions of this code and |
the members and staff of the building code standards committee and the board of standards and |
appeals, the state building commissioner, or his or her agents, or an officer of the department of |
state building inspection office, acting in good faith and without malice and within the scope of |
their employment, is free from liability for acts performed under any of its provisions or by reason |
of any act or omission in the performance of his or her official duties in connection with this code. |
23-27.3-108.1.3.1. Test results. |
Copies of the results of all the tests shall be forwarded to the committee after completion |
of the tests within ten (10) days, and shall be kept on file in the permanent records of the state |
building department office. |
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-family (2) |
dwellings. This additional levy shall be transmitted monthly to the state building commission office |
at the department of 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 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. |
23-27.3-118.1. Special fees. |
The payment of the fee for construction, alteration, removal, or demolition, and for all work |
done in connection with, or concurrently with, the work contemplated by a building permit, shall |
not relieve the applicant or holder of the permit from the payment of other fees that may be |
prescribed in accordance with § 23-27.3-119.0 for water taps, sewer connections, electrical and |
plumbing permits, erection of signs and display structures, marquees, or other appurtenant |
structures, or fees for inspections, certificates of use and occupancy for other privileges or |
requirements, both within and without the jurisdiction of the state building department office. |
SECTION 5. Section 30-17.1-6 of the General Laws in Chapter 30-17.1 entitled "Veterans' |
Affairs" is hereby amended to read as follows: |
30-17.1-6. Establishment of the office of veterans' affairs; director. |
(a) There is hereby established within the executive branch of government an office of |
veterans' affairs. The director of the office of veterans' affairs shall be a person qualified through |
experience and training and shall be an honorably discharged war veteran of the United States |
armed forces. The director of the office of veterans' affairs shall be appointed by and report directly |
to the governor, but the office shall reside within the department of human services for |
administrative purposes. |
(b) The director of veterans' affairs shall have all such powers, consistent with law, as are |
necessary and/or convenient to effectuate the purposes of this chapter and to administer its |
functions, including, but, not limited to, the power to promulgate and adopt regulations. The |
director shall have authority to apply for, receive, and administer grants and funds from the federal |
government and all other public and private entities to accomplish the purposes of the office. |
(c) Effective July 1, 2019, the office of veterans' affairs, as established pursuant to |
subsection (a) of this section, shall be henceforth referred to and renamed as "the office of veterans |
services" and the director of veterans' affairs, established pursuant to subsection (a) of this section, |
shall henceforth be referred to and renamed as the "director of veterans services." |
(d) Effective July 1, 2019, all references in the general laws to the office of veterans' affairs, |
established pursuant to subsection (a), of this section and to the director of veterans' affairs, |
established pursuant to subsection (a), of this section shall be deemed to mean and refer, |
respectively, to the office of veterans services’ and the director of veterans’ services. |
SECTION 6. Section 30-27-1 of the General Laws in Chapter 30-27 entitled "Veterans' |
Organizations" is hereby repealed as follows. |
30-27-1. Appropriations for annual encampment of Spanish war veterans. |
The general assembly shall annually appropriate such sum as it may deem necessary to |
defray the expenses of the annual encampment of the united spanish war veterans, department of |
Rhode Island, to be expended under the direction of the department of human services or of any |
other department as the general assembly shall indicate and direct at any future time; and the |
controller is hereby authorized and directed to draw orders upon the general treasurer for the |
payment of that sum, or so much thereof as may be necessary from time to time, upon the receipt |
by the controller of proper vouchers approved by the director of human services, or such other |
approving authority as the general assembly may direct. |
SECTION 7. Sections 31-38-7 and 31-38-18 of the General Laws in Chapter 31-38 entitled |
"Inspection of Motor Vehicles" are hereby amended to read as follows: |
31-38-7. Operation of official stations. |
(a) No permit for an official station shall be assigned or transferred or used at any location |
other than designated in it, and the permit shall be posted in a conspicuous place at the designated |
location. |
(b) The state-certified person operating an official inspection station shall issue a certificate |
of inspection and approval upon an official form to the owner of a vehicle upon inspection of the |
vehicle and determining that its equipment required under the provisions of this chapter is in good |
condition and proper adjustment, otherwise, no certificate shall be issued. A record and report shall |
be made of every inspection and every certificate issued. The records shall be kept available for |
review by the motor vehicle inspection station commission or those employees of the department |
of revenue that the director may designate. |
(c) The following fees shall be charged for inspection and issuance of certificate of |
inspection and approval: |
(1) For every vehicle with a registered gross weight of not more than eight thousand five |
hundred pounds (8,500 lbs.), the fee shall be included with the fee charged pursuant to § 31-47.1- |
11; |
(2) For every vehicle of a registered gross weight of more than eight thousand five hundred |
pounds (8,500 lbs.) or more, except trailers, fifteen dollars ($15.00); |
(3) For every motorcycle and electrically powered vehicle, eleven dollars ($11.00); |
(4) For every trailer or semi-trailer with a registered gross weight of more than one |
thousand pounds (1,000 lbs.), eleven dollars ($11.00); and |
(5) Provided, that for the inspection of vehicles used for the transportation of persons for |
hire, as provided in § 31-22-12, and subject to an inspection pursuant to chapter 47.1 of this title, |
the fee shall be included with the fee charged pursuant to § 31-47.1-11. |
(d) The director of the department of revenue may establish a state inspection facility at |
which any motor vehicle may be reinspected at no cost to the owner. The state inspection facility |
may inspect all public conveyance vehicles or these inspections may be otherwise provided for by |
the director, or any other vehicles which, in the opinion of the director of revenue, or his or her |
designee, require specific testing to ensure for the health and safety of the general public. |
(e) Any other inspections or activities which may be required to be performed at a state |
inspection facility may be performed at any official inspection station if determined by the director. |
31-38-18. Conduct of hearings. |
The director of the department of revenuecommission shall hold and conduct hearings in |
accordance with § 31-38-17. These hearings shall be governed by rules to be adopted by the director |
of the department of revenuecommission, and the director of the department of revenuecommission |
shall not be bound by technical rules of evidence. The director of the department of |
revenuecommission may subpoena witnesses and require the producing of documental evidence, |
and shall sit as an impartial independent body in order to make decisions affecting the interest of |
the motor vehicle inspection owner and/or operator. The concurrence of a majority of the members |
present and voting of the commission is required for a decision. |
SECTION 8. Sections 31-38-15 and 31-38-16 of the General Laws in Chapter 31-38 |
entitled "Inspection of Motor Vehicles" are hereby repealed. |
31-38-15. Motor vehicle inspection commission. |
(a) Within the department of revenue there shall be a motor vehicle inspection commission, |
referred to in this chapter as the "commission", which shall function as a unit in the department. |
The commission shall consist of seven (7) members who shall be appointed by the governor, with |
the advice and consent of the senate. In making said appointments, the governor shall give due |
consideration to including in the commission's membership one or more garage keeper(s) and/or |
inspection station owner(s). |
(b) The tenure of all members of the commission as of the effective date of this act [March |
29, 2006] shall expire on the effective date of this act [March 29, 2006], and the governor shall |
nominate seven (7) new members as follows: |
(1) The governor shall appoint seven (7) members of the commission; three (3) of whom |
shall serve initial terms of three (3) years; two (2) of whom shall serve an initial term of two (2) |
years; and two (2) of whom shall serve an initial term of one year. |
(2) Thereafter, all members of the commission shall be appointed to serve three (3) year |
terms. |
(c) The governor shall designate one member of the commission to serve as chairperson. |
The commission may elect from among its members such other officers as they deem necessary. |
(d) No person shall be eligible for appointment to the commission after the effective date |
of this act [March 29, 2006] unless he or she is a resident of this state. |
(e) Four (4) members of the commission shall constitute a quorum. |
(f) Members of the commission 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 of fitness for the office shall be unlawful. |
(g) Within ninety (90) days after the end of each fiscal year, the commission shall approve |
and submit an annual report to the governor, the speaker of the house of representatives, the |
president of the senate, and the secretary of state of its activities during that fiscal year. The report |
shall provide: an operating statement summarizing meetings or hearings held, including meeting |
minutes, subjects addressed, decisions rendered, licenses considered and their disposition, 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 |
commission; 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 revenue shall be |
responsible for the enforcement of the provisions of this subsection. |
(h) To 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 |
commission, approved by the commission, and conducted by the chair of the commission. The |
commission may approve the use of any commission 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, 36-14, and 38-2; and the commission's rules and regulations. The director of the |
department of revenue shall, within ninety (90) days of the effective date of this act [March 29, |
2006], prepare and disseminate training material relating to the provisions of chapters 42-46, 36- |
14, and 38-2. |
31-38-16. Meetings -- Compensation. |
The commission shall meet at least once a month to consider any matters that may be proper |
before it. The members of the commission shall receive no compensation for their services, but |
each member shall be reimbursed for traveling or other expenses that are actually incurred in the |
discharge of the member's duties. |
SECTION 9. Sections 35-1.1-1 through 35-1.1-5 of the General Laws in Chapter 35-1.1 |
entitled "Office of Management and Budget" are hereby amended to read as follows: |
35-1.1-1. Statement of intent. |
The purpose of this chapter is to establish a comprehensive public finance and management |
system for the State of Rhode Island that manages a data-driven budget process,; monitors state |
departments' and agencies' performance,; maximizes the application for and use of federal grants |
improves the regulatory climate; and ensures accountability and transparency regarding the use of |
public funds and regulatory impact. |
35-1.1-2. Establishment of the office of management and budget. |
There is hereby established within the department of administration an office of |
management and budget. This office shall serve as the principal agency of the executive branch of |
state government for managing budgetary functions, regulatory review, performance management, |
internal audit, and federal grants management. In this capacity, the office shall: |
(1) Establish an in-depth form of data analysis within and between departments and |
agencies, creating a more informed process for resource allocation to best meet the needs of Rhode |
Island citizens; |
(2) Identify federal grant funding opportunities to support the governor's and general |
assembly's major policy initiatives and provide technical assistance with the application process |
and post-award grants management; |
(2) (3) Analyze the impact of proposed regulations on the public and state as required by |
chapters 42-64.13 and 42-35 64.13 and 35 of title 42; |
(3) (4) Analyze federal budgetary issues and report on potential impacts to the state; |
(4) (5) Coordinate the budget functions of the state with performance management |
objectives; |
(5) (6) Maximize efficiencies in departments, agencies, advisory councils, and |
instrumentalities of the state by improving processes and prioritizing programs; |
(6) (7) Be responsible for the internal audit function of state government and conduct |
audits of any state department, state agency, or private entity that is a recipient of state funding or |
state grants; provide management advisory and consulting services; or conduct investigations |
relative to the financial affairs or the efficiency of management, or both, of any state department or |
agency. |
35-1.1-3. Director of management and budget -- Appointment and responsibilities. |
(a) Within the department of administration there shall be a director of management and |
budget who shall be appointed by the director of administration with the approval of the governor. |
The director shall be responsible to the governor and director of administration for supervising the |
office of management and budget and for managing and providing strategic leadership and direction |
to the budget officer, the performance management office, and the federal grants management |
office. |
(b) The director of management and budget shall be responsible to: |
(1) Oversee, coordinate, and manage the functions of the budget officer as set forth by |
chapter 3 of this title; program performance management as set forth by § 35-3-24.1; approval of |
agreements with federal agencies defined by § 35-3-25; and budgeting, appropriation, and receipt |
of federal monies as set forth by chapter 41 of title 42; |
(2) (3) Oversee the director of regulatory reform as set forth by § 42-64.13-6; |
(2) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse for |
the application of federal grants; |
(3) (4) Maximize the indirect cost recoveries by state agencies set forth by § 35-4-23.1; |
and |
(4) (5) Undertake a comprehensive review and inventory of all reports filed by the |
executive office and agencies of the state with the general assembly. The inventory should include, |
but not be limited to: the type, title, and summary of reports; the author(s) of the reports; the specific |
audience of the reports; and a schedule of the reports' release. The inventory shall be presented to |
the general assembly as part of the budget submission on a yearly basis. The office of management |
and budget shall also make recommendations to consolidate, modernize the reports, and to make |
recommendations for elimination or expansion of each report. |
35-1.1-4. Offices and functions assigned to the office of management and budget -- |
Powers and duties. |
(a) The offices assigned to the office of management and budget include the budget office, |
the office of regulatory reform, the performance management office, and the office of internal audit, |
and the federal grants management office. |
(b) The offices assigned to the office of management and budget shall: |
(1) Exercise their respective powers and duties in accordance with their statutory authority |
and the general policy established by the governor or by the director acting on behalf of the |
governor or in accordance with the powers and authorities conferred upon the director by this |
chapter; |
(2) Provide such assistance or resources as may be requested or required by the governor |
and/or the director; |
(3) Provide such records and information as may be requested or required by the governor |
and/or the director, to the extent allowed under the provisions of any applicable general or public |
law, regulation, or agreement relating to the confidentiality, privacy, or disclosure of such records |
or information; and |
(c) Except as provided herein, no provision of this chapter or application thereof shall be |
construed to limit or otherwise restrict the budget officer from fulfilling any statutory requirement |
or complying with any valid rule or regulation. |
35-1.1-5. Federal grants management. |
(a) The office of management and budget controller shall be responsible for managing |
federal grant applications,; providing administrative assistance to agencies regarding reporting |
requirements,; providing technical assistance; and approving agreements with federal agencies |
pursuant to § 35-1-1. The director controller shall: |
(1) Establish state goals and objectives for maximizing the utilization of federal aid |
programs; |
(2) Ensure that the state establishes and maintains statewide federally-mandated federally |
mandated grants management processes and procedures as mandated by the federal Office of |
Management and Budget; |
(3) Promulgate procedures and guidelines for all state departments, agencies, advisory |
councils, instrumentalities of the state, and public higher education institutions covering |
applications for federal grants; |
(4) Require, upon request, any state department, agency, advisory council, instrumentality |
of the state, or public higher education institution receiving a grant of money from the federal |
government to submit a report to the director controller of expenditures and program measures for |
the fiscal period in question; |
(5) Ensure state departments and agencies adhere to the requirements of § 42-41-5 |
regarding Legislative legislative appropriation authority and delegation thereof; |
(6) Assist the state controller in managing and overseeing overseeing Manage and oversee |
the disbursements of federal funds in accordance with § 35-6-42; |
(7) Assist the state controller in the preparation of Prepare the statewide cost allocation |
plan and serve as the monitoring agency to ensure that state departments and agencies are working |
within the guidelines contained in the plan; and, |
(8) Provide technical assistance to agencies to ensure resolution and closure of all single |
state audit findings and recommendations made by the Auditor General auditor general related to |
Federal federal funding. |
(b) The office of management and budget The division of Accounts accounts and control |
shall serve as the Sstate Cclearinghouse for purposes of coordinating federal grants, aid, and |
assistance applied for and/or received by any state department, agency, advisory council, or |
instrumentality of the state. Any state department, agency, advisory council, or instrumentality of |
the state applying for federal funds, aids, loans, or grants shall file a summary notification of the |
intended application with the director controller. |
(1) When as a condition to receiving federal funds, the state is required to match the federal |
funds, a statement shall be filed with the notice of intent or summary of the application stating: |
(i) The amount and source of state funds needed for matching purposes; |
(ii) The length of time the matching funds shall be required; |
(iii) The growth of the program; |
(iv) How the program will be evaluated; |
(v) What action will be necessary should the federal funds be canceled, curtailed, or |
restricted; and, |
(vi) Any other financial and program management data required by the office or by law. |
(2) Except as otherwise required, any application submitted by an executive agency for |
federal funds, aids, loans, or grants which will require state matching or replacement funds at the |
time of application or at any time in the future, must be approved by the director of the office of |
management and budget, or their his or her designated agents, prior to its filing with the appropriate |
federal agency. Any application submitted by an executive agency for federal funds, aids, loans, or |
grants which will require state matching or replacement funds at the time of application or at any |
time in the future, when funds have not been appropriated for that express purpose, must be |
approved by the General general Assembly assembly in accordance with § 42-41-5. When the |
general assembly is not in session, the application shall be reported to and reviewed by the Director |
director pursuant to rules and regulations promulgated by the Director director. |
(3) When any federal funds, aids, loans, or grants are received by any state department, |
agency, advisory council, or instrumentality of the state, a report of the amount of funds received |
shall be filed with the office; and this report shall specify the amount of funds which that would |
reimburse an agency for indirect costs, as provided for under federal OMB Circular A- |
87requirements. |
(4) The director controller may refuse to issue approval for the disbursement of any state |
or federal funds from the State state Treasury treasury as the result of any application which that |
is not approved as provided by this section, or in regard to which the statement or reports required |
by this section were not filed. |
(5) The director controller shall be responsible for the orderly administration of this section |
and for issuing the appropriate guidelines and regulations from each source of funds used. |
SECTION 10. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and |
Control" is hereby amended to read as follows: |
35-6-1. Controller -- Duties in general. |
(a) Within the department of administration there shall be a controller who shall be |
appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall be |
responsible for accounting and expenditure control and shall be required to: |
(1) Administer a comprehensive accounting and recording system which that will classify |
the transactions of the state departments and agencies in accordance with the budget plan; |
(2) Maintain control accounts for all supplies, materials, and equipment for all departments |
and agencies except as otherwise provided by law; |
(3) Prescribe a financial, accounting, and cost accounting system for state departments and |
agencies; |
(4) Identify federal grant-funding opportunities to support the governor's and general |
assembly's major policy initiatives and provide technical assistance with the application process |
and post-award grants management; |
(5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse for |
the application of federal grants; |
(4)(6) Pre-audit all state receipts and expenditures; |
(5)(7) Prepare financial statements required by the several departments and agencies, by |
the governor, or by the general assembly; |
(6) (8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of |
all expenditures under authority of the legislative department and the judicial department by the |
state controller shall be purely ministerial, concerned only with the legality of the expenditure and |
availability of the funds, and in no event shall the state controller interpose his or her judgment |
regarding the wisdom or expediency of any item or items of expenditure; |
(7)(9) Prepare and timely file, on behalf of the state, any and all reports required by the |
United States, including, but not limited to, the internal revenue service Internal Revenue Service, |
or required by any department or agency of the state, with respect to the state payroll; and |
(8)(10) Prepare a preliminary closing statement for each fiscal year. The controller shall |
forward the statement to the chairpersons of the house finance committee and the senate finance |
committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by |
September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment |
of the appropriations act, whichever is later. The report shall include but is not limited to: |
(i) A report of all revenues received by the state in the completed fiscal year, together with |
the estimates adopted for that year as contained in the final enacted budget, and together with all |
deviations between estimated revenues and actual collections. The report shall also include cash |
collections and accrual adjustments; |
(ii) A comparison of actual expenditures with each of the actual appropriations, including |
supplemental appropriations and other adjustments provided for in the Rhode Island General Laws |
general laws; |
(iii) A statement of the opening and closing surplus in the general revenue account; and |
(iv) A statement of the opening surplus, activity, and closing surplus in the state budget |
reserve and cash stabilization account and the state bond capital fund. |
(b) The controller shall provide supporting information on revenues, expenditures, capital |
projects, and debt service upon request of the house finance committee chairperson, senate finance |
committee chairperson, house fiscal advisor, or senate fiscal and policy advisor. |
(c) Upon issuance of the audited annual financial statement, the controller shall provide a |
report of the differences between the preliminary financial report and the final report as contained |
in the audited annual financial statement. |
(d) The controller shall create a special fund not part of the general fund and shall deposit |
amounts equivalent to all deferred contributions under this act into that fund. Any amounts |
remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall |
transfer such amounts into the retirement system as appropriate. |
(e) The controller shall implement a direct deposit payroll system for state employees. |
(i)(1) There shall be no service charge of any type paid by the state employee at any time |
which shall decrease the net amount of the employee's salary deposited to the financial institution |
of the personal choice of the employee as a result of the use of direct deposit. |
(ii)(2) Employees hired after September 30, 2014, shall participate in the direct deposit |
system. At the time the employee is hired, the employee shall identify a financial institution that |
will serve as a personal depository agent for the employee. |
(iii)(3) No later than June 30, 2016, each employee hired before September 30, 2014, who |
is not a participant in the direct deposit system, shall identify a financial institution that will serve |
as a personal depository agent for the employee. |
(iv)(4) The controller shall promulgate rules and regulations as necessary for |
implementation and administration of the direct deposit system, which shall include limited |
exceptions to required participation. |
SECTION 11. Section 36-4-34.1 of the General Laws in Chapter 36-4 entitled "Merit |
System" is hereby amended to read as follows: |
36-4-34.1. Transfer of state employees. |
(a) The director of the department of administration (the "director") is hereby authorized |
to transfer any employee within the executive branch who is not covered by a collective bargaining |
unit as provided in chapter 11 of this title. Any employee may be transferred to a comparable |
position upon the approval of the director of the department of administration and the personnel |
administrator. The transfers may be initially authorized for a period up to one year's duration and |
may be further extended with the approval of the personnel administrator (the "personnel |
administrator"). |
(b) Within seven (7) days of making a transfer of an any employee or further extending the |
duration of a transfer as provided by subsection (a), the director making the transfer or the personnel |
administrator extending the transfer shall file a written report with the speaker of the house, the |
senate president, and the chairpersons of the house and senate finance committees, for each |
employee to be transferred. This report shall include: |
(1) The identity of the employee; |
(2) The employee's current work position and location, and the proposed new work position |
and location; |
(3) The reason(s) for the employee transfer; |
(4) The specific task(s) to be assigned to and completed by the transferred employee; |
(5) An explanation of how the task(s) to be completed by the transferred employee relates |
to the mission of the transferee department, division, or agency; and |
(6) The anticipated duration of the employee's transfer. |
SECTION 12. Sections 42-6-1, 42-6-2 and 42-6-3 of the General Laws in Chapter 42-6 |
entitled "Departments of State Government" are hereby amended to read as follows: |
42-6-1. Enumeration of departments. |
All the administrative powers and duties heretofore vested by law in the several state |
departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the |
following departments and other agencies which that are specified in this title: |
(a) Executive department (chapter 7 of this title); |
(b) Department of state (chapter 8 of this title); |
(c) Department of the attorney general (chapter 9 of this title); |
(d) Treasury department (chapter 10 of this title); |
(e) Department of administration (chapter 11 of this title); |
(f) Department of business regulation (chapter 14 of this title); |
(g) Department of children, youth and families (chapter 72 of this title); |
(h) Department of corrections (chapter 56 of this title); |
(i) Department of elderly affairs (chapter 66 of this title); |
(ji)(j) Department of elementary and secondary education (chapter 60 of title 16); |
(kj)(k) Department of environmental management (chapter 17.1 of this title); |
(lk)(l) Department of health (chapter 18 of this title); |
(ml)(m) Board of governors for higher education (chapter 59 of title 16); |
(nm)(n) Department of labor and training (chapter 16.1 of this title); |
(on)(o) Department of behavioral healthcare, developmental disabilities and hospitals |
(chapter 12.1 of this title); |
(po)(p) Department of human services (chapter 12 of this title); |
(qp)(q) Department of transportation (chapter 13 of this title); |
(rq)(r) Public utilities commission (chapter 14.3 of this title); |
(sr)(s) Department of revenue (chapter 142 of this title 42); |
(ts)(t) Department of public safety (chapter 7.3 of this title). |
42-6-2. Heads of departments. |
The governor, secretary of state, attorney general, and general treasurer, hereinafter called |
general officers, shall each be in charge of a department. There shall also be a director of |
administration, a director of revenue, a director of public safety, a director of human services, a |
director of behavioral healthcare, developmental disabilities and hospitals, a director of |
transportation, a director of business regulation, a director of labor and training, a director of |
environmental management, a director for children, youth and families, a director of elderly affairs, |
and a director of corrections. Each director shall hold office at the pleasure of the governor and he |
or she shall serve until his or her successor is duly appointed and qualified unless the director is |
removed from office by special order of the governor. |
42-6-3. Appointment of directors. |
(a) At the January session following his or her election to office, the governor shall appoint |
a director of administration, a director of revenue, a director of public safety, a director of human |
services, a director of behavioral healthcare, developmental disabilities and hospitals, a director of |
transportation, a director of business regulation, a director of labor and training, a director of |
environmental management, a director for children, youth and families, a director of elderly affairs, |
and a director of corrections. The governor shall, in all cases of appointment of a director while the |
senate is in session, notify the senate of his or her appointment and the senate shall, within sixty |
(60) legislative days after receipt of the notice, act upon the appointment. If the senate shall, within |
sixty (60) legislative days, vote to disapprove the appointment, it shall so notify the governor, who |
shall forthwith appoint and notify the senate of the appointment of a different person as director |
and so on in like manner until the senate shall fail to so vote disapproval of the governor's |
appointment. If the senate shall fail, for sixty (60) legislative days next after notice, to act upon any |
appointment of which it has been notified by the governor, the person so appointed shall be the |
director. The governor may withdraw any appointment of which he or she has given notice to the |
senate, at any time within sixty (60) legislative days thereafter and before action has been taken |
thereon by the senate. |
(b) Except as expressly provided in § 42-6-9, no director of any department shall be |
appointed or employed pursuant to any contract of employment for a period of time greater than |
the remainder of the governor's current term of office. Any contract entered into in violation of this |
section after July 1, 1994, is hereby declared null and void. |
SECTION 13. Section 42-11-10 of the General Laws in Chapter 42-11 entitled |
"Department of Administration" is hereby amended to read as follows: |
42-11-10. Statewide planning program. |
(a) Findings. The general assembly finds that the people of this state have a fundamental |
interest in the orderly development of the state; the state has a positive interest and demonstrated |
need for establishment of a comprehensive, strategic state planning process and the preparation, |
maintenance, and implementation of plans for the physical, economic, and social development of |
the state; the continued growth and development of the state presents problems that cannot be met |
by the cities and towns individually and that require effective planning by the state; and state and |
local plans and programs must be properly coordinated with the planning requirements and |
programs of the federal government. |
(b) Establishment of statewide planning program. |
(1) A statewide planning program is hereby established to prepare, adopt, and amend |
strategic plans for the physical, economic, and social development of the state and to recommend |
these to the governor, the general assembly, and all others concerned. |
(2) All strategic planning, as defined in subsection ( c)(c) of this section, undertaken by all |
departments and agencies of the executive branch unless specifically exempted, shall be conducted |
by or under the supervision of the statewide planning program. The statewide planning program |
shall consist of a state planning council, and the division of statewide planning, which shall be a |
division within the department of administration. |
(c) Strategic planning. Strategic planning includes the following activities: |
(1) Establishing or identifying general goals. |
(2) Refining or detailing these goals and identifying relationships between them. |
(3) Formulating, testing, and selecting policies and standards that will achieve desired |
objectives. |
(4) Preparing long-range or system plans or comprehensive programs that carry out the |
policies and set time schedules, performance measures, and targets. |
(5) Preparing functional, short-range plans or programs that are consistent with established |
or desired goals, objectives, and policies, and with long-range or system plans or comprehensive |
programs where applicable, and that establish measurable, intermediate steps toward their |
accomplishment of the goals, objectives, policies, and/or long-range system plans. |
(6) Monitoring the planning of specific projects and designing of specific programs of short |
duration by the operating departments, other agencies of the executive branch, and political |
subdivisions of the state to ensure that these are consistent with, and carry out the intent of, |
applicable strategic plans. |
(7) Reviewing the execution of strategic plans, and the results obtained, and making |
revisions necessary to achieve established goals. |
(d) State guide plan. Components of strategic plans prepared and adopted in accordance |
with this section may be designated as elements of the state guide plan. The state guide plan shall |
be comprised of functional elements or plans dealing with land use; physical development and |
environmental concerns; economic development; housing production; energy supply, including the |
development of renewable energy resources in Rhode Island, and energy access, use, and |
conservation; human services; climate change and resiliency,; and other factors necessary to |
accomplish the objective of this section. The state guide plan shall be a means for centralizing, |
integrating, and monitoring long-range goals, policies, plans, and implementation activities related |
thereto. State agencies concerned with specific subject areas, local governments, and the public |
shall participate in the state guide planning process, which shall be closely coordinated with the |
budgeting process. |
(e) Membership of state planning council. The state planning council shall consist of the |
following members: |
(1) The director of the department of administration as chairperson; |
(2) The director, policy office, in the office of the governor, as vice-chairperson; |
(3) The governor, or his or her designee; |
(4) The budget officer; |
(5)(4) (5) The chairperson of the housing resources commission; |
(6)(5) (6) The highest-ranking administrative officer of the division of statewide planning, |
as secretary; |
(7)(6) (7) The president of the Rhode Island League of Cities and Towns or his or her |
designee and one official of local government who shall be appointed by the governor from a list |
of not less than three; |
(3) submitted by the Rhode Island League Cities and Towns; |
(8)(7) (8) The executive director of the Rhode Island League of Cities and Towns; |
(8) (9) Three (3) chief elected officials of cities and towns appointed by the governor after |
consultation with the Rhode Island League of Cities and Towns, one of whom shall be from a |
community with a population greater than 40,000 persons; one of whom shall be from a community |
with a population of between 20,000 and 40,000 persons; and one of whom shall be from a |
community with a population less than 20,000 persons; |
(9) (10) One representative of a nonprofit community development or housing organization |
appointed by the governor; |
(10) (11) Six (6) Four (4) public members, appointed by the governor, one of whom shall |
be an employer with fewer than fifty (50) employees; and one of whom shall be an employer with |
greater than fifty (50) employees; one of whom shall represent a professional planning or |
engineering organization in Rhode Island; and one of whom shall represent a chamber of commerce |
or economic development organization; |
(11) (12) Two (2) representatives of a private, nonprofit, environmental or environmental |
justice advocacy organizations, both to be appointed by the governor; |
(12) (13) The director of planning and development for the city of Providence; |
(13) (14) The director of the department of transportation; |
(14) (15) The director of the department of environmental management; |
(15) (16) The director of the department of health; |
(16) (17) The chief executive officer of the commerce corporation; |
(17) (18) The commissioner of the Rhode Island office of energy resources; |
(18) (19) The chief executive officer of the Rhode Island public transit authority; |
(19) (20) The executive director of Rhode Island housing; and |
(20) (21) The executive director of the coastal resources management council.; and |
(21) (22) The director of the Rhode Island emergency management agency. |
(t)(f) Powers and duties of state planning council. The state planning council shall have |
the following powers and duties: |
(1) To adopt strategic plans as defined in this section and the long-range state guide plan, |
and to modify and amend any of these, following the procedures for notification and public hearing |
set forth in § 42-35-3, and to recommend and encourage implementation of these goals to the |
general assembly, state and federal agencies, and other public and private bodies; approval of |
strategic plans by the governor; and to ensure that strategic plans and the long-range state guide |
plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island |
Comprehensive comprehensive Planning planning and Land land Use use Regulation regulation |
Act act"; |
(2) To coordinate the planning and development activities of all state agencies, in |
accordance with strategic plans prepared and adopted as provided for by this section; |
(3) To review and comment on the proposed annual work program of the statewide |
planning program; |
(4) To adopt rules and standards and issue orders concerning any matters within its |
jurisdiction as established by this section and amendments to it; |
(5) To establish advisory committees and appoint members thereto representing diverse |
interests and viewpoints as required in the state planning process and in the preparation or |
implementation of strategic plans. At minimum, tThe state planning council shall appoint a three |
(3) permanent committees comprised of:: |
(i) A technical committee., comprised of pPublic members from different geographic areas |
of the state representing diverse interests; and along with |
(ii) Oofficials of state, local, and federal government, who shall review all proposed |
elements of the state guide plan, or amendment or repeal of any element of the plan, and shall |
advise the state planning council thereon before the council acts on any such proposal. This |
committee shall also advise the state planning council on any other matter referred to it by the |
council; and |
(6)(ii) To establish and appoint members to a An executive committee consisting of major |
participants of a Rhode Island geographic infonnation information system with oversight |
responsibility for its activities.; and |
(iii) A transportation advisory committee, made up of diverse representation, including, |
but not limited to, municipal elected and appointed officials; representatives of various |
transportation sectors, departments, and agencies; and other groups and agencies with an interest |
in transportation operations, maintenance, construction, and policy, who shall review |
transportation-related plans and amendments and recommend action to the state planning council. |
(7)(6) To adopt, amend, and maintain, as an element of the state guide plan or as an |
amendment to an existing element of the state guide plan, standards and guidelines for the location |
of eligible, renewable energy resources and renewable energy facilities in Rhode Island with due |
consideration for the location of such resources and facilities in commercial and industrial areas, |
agricultural areas, areas occupied by public and private institutions, and property of the state and |
its agencies and corporations, provided such these areas are of sufficient size, and in other areas of |
the state as appropriate. |
(8)(7) To act as the single, statewide metropolitan planning organization for transportation |
planning, and to promulgate all rules and regulations that are necessary thereto. |
(g) Division of statewide planning. |
(1) The division of statewide planning shall be the principal staff agency of the state |
planning council for preparing and/or coordinating strategic plans for the comprehensive |
management of the state's human, economic, and physical resources. The division of statewide |
planning shall recommend to the state planning council specific guidelines, standards, and |
programs to be adopted to implement strategic planning and the state guide plan and shall undertake |
any other duties established by this section and amendments thereto. |
(2) The division of statewide planning shall maintain records (which shall consist of files |
of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto |
adopted or issued by the state planning council under this section. The records shall be open to the |
public. |
(3) The division of statewide planning shall manage and administer the Rhode Island |
geographic information system of land-related resources, and shall coordinate these efforts with |
other state departments and agencies, including the University university of Rhode Island, which |
shall provide technical support and assistance in the development and maintenance of the system |
and its associated data base. |
(4) The division of statewide planning shall coordinate and oversee the provision of |
technical assistance to political subdivisions of the state in preparing and implementing plans to |
accomplish the purposes, goals, objectives, policies, and/or standards of applicable elements of the |
state guide plan and shall make available to cities and towns data and guidelines that may be used |
in preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and |
elements thereby. |
(h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4]. |
(i) The division of planning shall be the principal staff agency of the water resources board |
established pursuant to chapter 15 of title 46 ("Water Resources Board") and the water resources |
board corporate established pursuant to chapter 15.1 of title 46 ("Water Supply Facilities"). |
SECTION 14. Sections 42-12-23 and 42-12-23.1 of the General Laws in Chapter 42-12 |
entitled "Department of Human Services" are hereby amended to read as follows: |
42-12-23. Child care -- Planning and coordinating. |
(a) The department of human services shall be the principal agency of the state for the |
planning and coordination of state involvement in the area of child care. To accomplish this |
purpose, the department's duties shall include submitting an annual report to the governor and the |
general assembly on the status of child care in Rhode Island. |
(b) The annual report of the department shall include, but not be limited to, the following |
information: |
(1) The amount of state and federal funds spent on child care in each of the two (2) |
preceding years; |
(2) The number of child care providers licensed; pursuant to the provisions of chapter 72.1 |
of this title; |
(3) The number of children served in state-subsidized programs; |
(4) The number of taxpayers who have claimed the child care assistance and development |
tax credit pursuant to chapter 47 of title 44; |
(5) The average cost for both infant and preschool child care; |
(6) An estimate of unmet needs for child care; |
(7) Information on child care staff salaries and training and education programs,; and |
(8) Recommendations for any changes in child care public policy. |
(c) The department shall cooperate with the unit of the department of children, youth, and |
families which licenses and monitors child care providers pursuant to the terms of chapter 72.1 of |
this title. |
(d)(c) (d) The department is hereby charged with the responsibility of assuring ensuring |
that a statewide child care resource and referral system exists in this state to provide services and |
consumer information to assist parents in locating and choosing licensed, approved and/or certified |
providers, and to maintain data necessary for such referrals. |
42-12-23.1. Quality of early care and education and school-age child care through |
voluntary quality rating system. |
(a) There is hereby established a voluntary quality rating system which will assess quality |
in early care and education programs and school-age child care. For purposes of this section, early |
care and education programs and school-age child care shall mean programs licensed under chapter |
72.1, title 42 12.5, title 42 12.5 of title 42 and approved under chapter 48, of title 16, including, |
without limitation, child care centers, family child care homes, group family child care homes, |
school-age child care programs and preschools, but excluding child placement agencies. The |
voluntary quality rating system is established to promote continuous quality improvement of |
programs and to further the goals of Rhode Island's "starting right" initiative. |
(b) The department of human services, the department of children, youth and families, the |
department of health, the department of elementary and secondary education, and other partners |
and agencies shall share information and work cooperatively with the Rhode Island quality rating |
system, a public-private partnership, to ensure that Rhode Island children have access to quality |
early care and education programs and school-age child care. |
(c) The voluntary quality rating system shall also provide a mechanism to gather data about |
program quality, and shall report this information to parents, providers, and other persons interested |
in the quality of early care and education programs and school-age child care services in Rhode |
Island. |
SECTION 15. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
GOVERNMENT" is hereby amended by adding thereto the following chapter: |
CHAPTER 42-12.5 |
LICENSING AND MONITORING OF CHILD DAY CARE PROVIDERS |
42-12.5-1. Statement of purpose. |
(a) The director of the department of human services shall establish within the department |
a unit to license and monitor child day care service providers to protect the health, safety, and |
wellbeing of children while being cared for as a commercial service and are away from their homes. |
(b) Services for children requiring licensure under this chapter shall include all child day |
care providers which that offer services within the state, except as defined in § 42-12.5-5. |
42-12.5-2. Definitions. |
As used in this chapter: |
(1) "Administrator of licensing" means the director of the licensing unit (or his/her |
designee) that carries out the provisions of this chapter, hereafter referred to as the "administrator.". |
(2) "Applicant" means a child day care provider that applies for a license to operate. |
(3) "Child" means any person less than eighteen (18) years of age;. |
(4) "Child day care" means daily care and/or supervision offered commercially to the |
public for any part of a twenty-four-(24) hour (24) day to children away from their homes. |
(5) "Child day care center" means any person, firm, corporation, association, or agency |
who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the |
purpose of care and/or supervision, not in a home or residence, apart from the child's parent or |
guardian for any part of a twenty-four-(24) hour (24) day irrespective of compensation. It shall |
include child day care programs that are offered to employees at the worksite. It does not include |
preschool programs operating in schools approved by the commissioner of elementary and |
secondary education. |
(6) "Child day care provider" means a person or agency, which that offers daily care and/or |
supervision offered commercially to the public for any part of a twenty-four-(24) hour (24) day to |
children away from their homes. |
(7) "Department" means the department of human services (DHS). |
(8) "Director" means the director of the department of human services, or the director's |
designee. |
(9) "Family day care home" means any home, other than the child's home, in which child |
day care in lieu of parental care and/or supervision is offered at the same time to four (4) or more |
children who are not relatives of the care giver. |
(10) "Group family day care home" means a residence occupied by an individual of at least |
twenty-one (21) years of age who provides care for not less than nine (9) and not more than twelve |
(12) children, with the assistance of one or more approved adults, for any part of a twenty-four- |
(24) hour (24) day. These programs shall be subject to yearly licensing as addressed in this chapter |
and shall comply with all applicable state and local fire, health, and zoning regulations. |
(11) "Licensee" means any person, firm, corporation, association, or agency, which that |
holds a valid license under this chapter. |
(12) "Regulation" means any requirement for licensure, promulgated pursuant to this |
chapter, having the force of law. |
(13) "Related" means any of the following relationships, by marriage, blood or adoption, |
even following the death or divorce of a natural parent: parent, grandparent, brother, sister, aunt, |
uncle, and first cousin. In a prosecution under this chapter or of any law relating thereto, a defendant |
who relies for a defense upon the relationship of any child to him or herself, the defendant shall |
have the burden of proof as to the relationship. |
42-12.5-3. Powers and scope of activities. |
(a) The department shall issue, deny, suspend, and revoke licenses for, and monitor the |
operation of, facilities and programs by child day care providers, as defined in § 42-12.5-2. |
(b) The department is hereby authorized and directed to adopt, amend, and rescind |
regulations in accordance with this chapter and implement its provisions. The regulations shall be |
promulgated and become effective in accordance with the provisions of the Administrative |
administrative Procedures procedures Act act, chapter 35 of title 42, and shall address, but need |
not be limited to the following: |
(1) Financial, administrative and organizational ability, and stability of the applicant; |
(2) Compliance with specific fire and safety codes and health regulations; |
(3) Character, health suitability, qualifications of child day care providers; |
(4) Staff/child ratios and workload assignments of staff providing care or supervision to |
children; |
(5) Type and content of records or documents that must be maintained to collect and retain |
information for the planning and caring for children; |
(6) Procedures and practices regarding basic child day care to ensure protection to the child; |
(7) Service to families of children in care; |
(8) Program activities, including components related to physical growth, social, emotional, |
educational, and recreational activities; |
(9) Investigation of previous employment, criminal record check, and department records |
check; and |
(10) Immunization and testing requirements for communicable diseases, including, but not |
limited to, tuberculosis, of child day care providers and children at any child day-care center or |
family day-care home as is specified in regulations promulgated by the director of the department |
of health. Notwithstanding the foregoing, all licensing and monitoring authority shall remain with |
the department of human services. |
(c) The department through its licensing unit shall administer and manage the regulations |
pertaining to the licensing and monitoring of child day care providers, and shall exercise all |
statutory and administrative powers necessary to carry out its functions. |
(d) The administrator shall investigate complaints of noncompliance, and shall take |
licensing action as may be necessary pursuant to this chapter. |
(e) The administrator may: |
(1) Prescribe any forms for reports, statements, notices, and other documents deemed |
necessary; |
(2) Prepare and publish manuals and guides explaining this chapter and the regulations to |
facilitate compliance with and enforcement of the regulations; |
(3) Prepare reports and studies to advance the purpose of this chapter; and |
(4) Provide consultation and technical assistance, as requested, to assist licensees in |
maintaining compliance;. and |
(f) The department may promulgate rules and regulations for the establishment of child day |
care centers located on the second floor. |
(g) When the department is otherwise unsuccessful in remedying noncompliance with the |
provisions of this chapter and the regulations promulgated thereunder it may petition the superior |
court for an order enjoining the noncompliance or for any order that equity and justice may require. |
(h) The department shall collaborate with the departments of children, youth, and families, |
elementary and secondary education, and health to provide monitoring, mentoring, training, |
technical assistance, and other services which that are necessary and appropriate to improving the |
quality of child day care offered by child day care providers who are certified, licensed, or approved |
by the department or the department of elementary and secondary education or who are seeking |
certification, licensure, or approval pursuant to § 42-12.5 this chapter or § 16-48-2, including non- |
English speaking providers. |
(i) Notwithstanding the transfer of licensing to and the licensing and monitoring of day and |
child care facilities to the department of human services, pursuant to chapter 42-72.1 of this title, |
the department of children, youth and families will continue to be the agency responsible for |
investigating any complaint of abuse and neglect that is alleged to have occurred at a day care or |
child care facility. Any appeal of an investigative finding of abuse or neglect against a staff member, |
paid or otherwise, including managerial or contract personnel, or visitor may be appealed to the |
Rhode Island Family family Court court. |
42-12.5-4. License required. |
(a) No person shall receive or place children in child day care services, including day care |
arrangements, without a license issued pursuant to this chapter. This requirement does not apply to |
a person related by blood, marriage, guardianship, or adoption to the child, unless that arrangement |
is for the purposes of day care. |
(b) The licensing requirement does not apply to shelter operations for parents with children, |
boarding schools, recreation camps, nursing homes, hospitals, maternity residences, and centers for |
developmentally disabled children. |
(c) No person, firm, corporation, association, or agency shall operate a family day care |
home without a registration certificate issued by the department, unless they hold an unexpired |
registration certificate issued by the Department department of Children children, Youth youth, |
and Families families prior to January 1, 2020. |
(d) No state, county, city, or political subdivision shall operate a child day care agency or |
center, program, or facility without a license issued pursuant to this chapter. |
(e) No person shall be exempt from a required license by reason of public or private, |
sectarian, non-sectarian, child day care program, for profit or non-profit status, or by any other |
reason of funding, sponsorship, or affiliation. |
42-12.5-5. General licensing provisions. |
The following general licensing provisions shall apply: |
(1) A license issued under this chapter is not transferable and applies only to the licensee |
and the location stated in the application and remains the property of the department. A license |
shall be publicly displayed. A license shall be valid for one year from the date of issue and upon |
continuing compliance with the regulations, except that a certificate issued to a family day care |
home shall be valid for two (2) years from the date of issue. |
(2) Every license application issued pursuant to § 42-12.5-4 shall be accompanied by a |
nonrefundable application fee paid to the State state of Rhode Island as follows: |
(a)(i) Child day care center license-five hundred dollars ($500); |
(b)(ii) Group family day care home license -two hundred and fifty dollars ($250); and |
(c)(iii) Family day care home license-one hundred dollars ($100). |
(3) All fees collected by the state pursuant to paragraph (2) subsection (b) of this section |
shall be deposited by the general treasurer as general revenues. |
(4) A licensee shall comply with applicable state fire and health safety standards. |
(5) The department may grant a provisional license to an applicant who is not able to |
demonstrate compliance with all of the regulations because the program or residence is not in full |
operation; however, the applicant must meet all regulations that can be met in the opinion of the |
administrator before the program is fully operational. The provisional license shall be granted for |
a limited period not to exceed six (6) months and shall be subject to review every three (3) months. |
(6) The department may grant a probationary license to a licensee who is temporarily |
unable to comply with a rule or rules when the noncompliance does not present an immediate threat |
to the health and well-being of the children, and when the licensee has obtained a plan approved |
by the administrator to correct the areas of noncompliance within the probationary period. A |
probationary license shall be issued for up to twelve (12) months; it may be extended for an |
additional six (6) months at the discretion of the administrator. A probationary license that states |
the conditions of probation may be issued by the administrator at any time for due cause. Any prior |
existing license is invalidated when a probationary license is issued. When the probationary license |
expires, the administrator may reinstate the original license to the end of its term, issue a new |
license, suspend, or revoke the license. |
(7) The administrator will establish criteria and procedure for granting variances as part of |
the regulations. |
(8) The above exceptions (probationary and provisional licensing and variances) do not |
apply to and shall not be deemed to constitute any variance from state fire and health safety |
standards. However, if a request for a variance of fire inspection deficiencies has been submitted |
to the fire safety code board of appeal and review, DHS may grant a provisional license to terminate |
no later than thirty (30) days following the board's decision on said variance. |
(9) A license under this chapter shall be granted to a child day care program without the |
necessity for a separate fire, building, or radon inspection, when said child day care program is |
conducted at a Rhode Island elementary or secondary school which has already been found in |
compliance with said inspections, provided that an applicant complies with all other provisions of |
DHS regulations, or has been granted appropriate variances by the department. |
42-12.5-6. Violations, suspensions and revocations of license. |
(a) When a licensee violates the terms of the license, the provisions of this chapter, or any |
regulation thereunder, the department may pursue the administrative remedies herein provided, in |
addition to other civil or criminal remedies according to the general laws. |
(b) After notice and hearing, as provided by the Administrative Procedures Act, chapter 35 |
of title 42, the administrator may revoke the license, or suspend the license for a period not |
exceeding six (6) months. |
(c) During a suspension, the facility or program shall cease operation. |
(d) To end a suspension, the licensee shall, within thirty (30) days of the notice of |
suspension, submit an acceptable plan of corrective action to the administrator. The plan shall |
outline the steps and timetables for immediate correction of the areas of noncompliance and is |
subject to the approval of the administrator. |
(e) At the end of the suspension, the administrator may reinstate the license for the term of |
the original license, revoke the license, issue a new license, or deny a reapplication. |
(f) Upon revocation, the licensed program or facility shall cease operation. The licensee |
whose license has been revoked may not apply for a similar license within a three-(3) year (3) |
period from the date of revocation. |
(g) Except in those instances wherein there is a determination that there exists a danger to |
the public health, safety, or welfare or there is a determination that the childcare provider has |
committed a serious breach of state law, orders, or regulation, the director shall utilize progressive |
penalties for noncompliance of any rule, regulation, or order relating to childcare providers. |
Progressive penalties could include written notice of noncompliance, education and training, |
suspending enrollment to the program, assessing fines, suspension of license, and revocation of |
license. |
(h) Any child day care provider, as defined in this chapter, who has exhausted all |
administrative remedies within the department of human services and who is aggrieved by a final |
order of the department of human services, may file for judicial review in the superior court of |
Providence county pursuant to § 42-35-15. |
(i) The Rhode Island Family family Court court shall retain jurisdiction over those |
complaints investigated by the department of children, youth and families, pursuant to chapter 72.1, |
regardless of whether licensing and monitoring is performed under chapter 12.5 of this title this |
chapter or chapter 72.1 of this title. |
42-12.5-7. Penalties for violations. |
(a) Any person who violates any of the provisions of this chapter, or any regulations issued |
pursuant to this chapter, or who shall intentionally make any false statement or reports to the |
director with reference to the matters contained herein, shall, upon conviction for the first offense, |
be imprisoned for a term not exceeding six (6) months or be fined not exceeding five hundred |
dollars ($500), or both, and for a second or subsequent offense, shall be imprisoned for a term not |
exceeding one year or be fined not exceeding one thousand dollars ($1,000), or both the fine and |
imprisonment. |
(b) Anyone who maintains or conducts a program or facility without first having obtained |
a license pursuant to this chapter, or who maintains or conducts a program or facility after a license |
has been revoked or suspended, or who shall refuse to permit a reasonable inspection and |
examination of a program or facility, shall be guilty of a misdemeanor and, upon conviction, shall |
be fined not more than five hundred dollars ($500) for each week that the program or facility shall |
have been maintained without a license or for each refusal to permit inspection and examination by |
the director. |
(c) Any individual, firm, corporation, or other entity who maintains or conducts a family |
day care home without first having obtained a registration certificate for the home pursuant to this |
chapter, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty- |
five dollars ($25.00) nor more than one hundred dollars ($100) for each week that the home shall |
have been maintained without a valid registration certificate. |
(d) The department shall refer any violations to the attorney general's office for |
prosecution. |
42-12.5-8. Open door policy. |
There shall be an open door policy permitting any custodial parent or legal guardian to |
have access to a day care facility for any program when their child is in attendance. |
SECTION 16. Section 42-35.1-5 of the General Laws in Chapter 42-35.1 entitled "Small |
Business Regulatory Fairness in Administrative Procedures" are hereby amended to read as |
follows: |
42-35.1-5. Small business enforcement ombudsman. |
(a) The director of the office of regulatory reform department of business regulation shall |
designate an existing staff member as a "small business regulatory enforcement ombudsman,", who |
shall report directly to the director of business regulation. |
(b) The ombudsman shall: |
(1) Work with each agency with regulatory authority over small businesses to ensure that |
small business concerns that receive or are subject to an audit, on-site inspection, compliance |
assistance effort, or other enforcement related communication or contact by agency personnel are |
provided with a means to comment on the enforcement activity conducted by such personnel; |
(2) Establish means to receive comments from small business concerns regarding actions |
by agency employees conducting compliance or enforcement activities; |
(3) Within six (6) months of appointment, work with each regulating entity to develop and |
publish reporting policies; |
(4) Based on substantiated comments received from small business concerns, the |
ombudsman shall annually report to the general assembly and affected agencies evaluating the |
enforcement activities of agency personnel, including a rating of the responsiveness of the |
regulatory agencies policies; |
(5) Coordinate and report annually on the activities, findings, and recommendations to the |
general assembly and the directors of affected agencies; and |
(6) Provide the affected agency with an opportunity to comment on reports prepared |
pursuant to this chapter, and include a section of the final report in which the affected agency may |
make such comments as are not addressed by the ombudsman. |
SECTION 17. Sections 42-66-2 of the General Laws in Chapter 42-66 entitled "Elderly |
Affairs Department" are hereby amended to read as follows: |
42-66-2. Establishment of department -- Director. |
There is established within the executive branch of state government a department of |
elderly affairs. The head director of the department shall be the director of elderly affairs, who shall |
be a person qualified by training and experience to perform the duties of the office appointed by |
and reporting directly to the governor, with the advice and consent of the senate. The director shall |
be in the unclassified service, appointed by the governor with the advice and consent of the senate, |
and shall serve at the pleasure of the governor and until the appointment and qualification of the |
director's successor. The director shall receive a salary as provided by law. |
SECTION 18. Section 42-64.13-8 of the General Laws in Chapter 42-64.13 entitled |
"Rhode Island Regulatory Reform Act" is hereby amended to read as follows: |
42-64.13-8. Regulatory analysis responsibilities. |
The office of regulatory reform shall have the following regulatory analysis and reporting |
responsibilities: |
(1) The office of regulatory reform shall, upon the conclusion of each fiscal year, prepare |
and publish a report on the regulatory processes of state and municipal agencies and permitting |
authorities through a review and an analysis of proposed and existing rules and regulations to: |
(i) Encourage agencies to eliminate, consolidate, simplify, expedite, or otherwise improve |
permits, permitting procedures, and paperwork burdens affecting businesses, municipal |
government undertakings, industries, and other matters of economic development impact in the |
state; |
(ii) Analyze the impact of proposed and existing rules and regulations on matters such as |
public health, safety and welfare, including job creation, and make recommendations for |
simplifying regulations and regulatory processes of state and municipal agencies and permitting |
authorities; |
(iii) Propose to any state or municipal agency consideration for amendment or repeal of any |
existing rules or procedures which that may be obsolete, harmful to the economy or job growth in |
the state, or excessively burdensome with respect to any state or federal statutes or regulations; and |
(iv) Assist and coordinate with all agencies during the periodic review of rules required by |
§ 42-35-3.4 of the Administrative administrative Procedures procedures Act act. |
(2) The ombudsman of the office department of business regulation regulatory reform shall |
implement the provisions of § 42-35.1-1, of the general laws entitled Small small Business |
business Regulatory regulatory Fairness fairness and Administrative administrative Procedures |
procedures, and shall be the small business regulatory enforcement office pursuant to § 42-35.1-5 |
of the general laws. |
SECTION 19. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department |
of Children, Youth and Families" is hereby amended to read as follows: |
42-72-5. Powers and scope of activities. |
(a) The department is the principal agency of the state to mobilize the human, physical, and |
financial resources available to plan, develop, and evaluate a comprehensive and integrated |
statewide program of services designed to ensure the opportunity for children to reach their full |
potential. The services include prevention, early intervention, outreach, placement, care and |
treatment, and after-care programs; provided, however, that the department notifies the state police |
and cooperates with local police departments when it receives and/or investigates a complaint of |
sexual assault on a minor and concludes that probable cause exists to support the allegations(s). |
The department also serves as an advocate for the needs of children. |
(b) To accomplish the purposes and duties, as set forth in this chapter, the director is |
authorized and empowered: |
(1) To establish those administrative and operational divisions of the department that the |
director determines is in the best interests of fulfilling the purposes and duties of this chapter; |
(2) To assign different tasks to staff members that the director determines best suit the |
purposes of this chapter; |
(3) To establish plans and facilities for emergency treatment, relocation, and physical |
custody of abused or neglected children that may include, but are not limited to, |
homemaker/educator child-case aides, specialized foster-family programs, day-care facilities, crisis |
teams, emergency parents, group homes for teenage parents, family centers within existing |
community agencies, and counseling services; |
(4) To establish, monitor, and evaluate protective services for children including, but not |
limited to, purchase of services from private agencies and establishment of a policy and procedure |
manual to standardize protective services; |
(5) To plan and initiate primary- and secondary-treatment programs for abused and |
neglected children; |
(6) To evaluate the services of the department and to conduct periodic, comprehensive- |
needs assessment; |
(7) To license, approve, monitor, and evaluate all residential and non-residential child care |
institutions, group homes, foster homes, and programs; |
(8) To recruit and coordinate community resources, public and private; |
(9) To promulgate rules and regulations concerning the confidentiality, disclosure, and |
expungement of case records pertaining to matters under the jurisdiction of the department; |
(10) To establish a minimum mandatory level of twenty (20) hours of training per year and |
provide ongoing staff development for all staff; provided, however, all social workers hired after |
June 15, 1991, within the department shall have a minimum of a bachelor's degree in social work |
or a closely related field, and must be appointed from a valid, civil-service list; |
(11) To establish procedures for reporting suspected child abuse and neglect pursuant to |
chapter 11 of title 40; |
(12) To promulgate all rules and regulations necessary for the execution of departmental |
powers pursuant to the Administrative administrative Procedures procedures Act act, chapter 35 |
of this title 42; |
(13) To provide and act as a clearinghouse for information, data, and other materials |
relative to children; |
(14) To initiate and carry out studies and analysis that will aid in solving local, regional, |
and statewide problems concerning children; |
(15) To represent and act on behalf of the state in connection with federal-grant programs |
applicable to programs for children in the functional areas described in this chapter; |
(16) To seek, accept, and otherwise take advantage of all federal aid available to the |
department, and to assist other agencies of the state, local agencies, and community groups in taking |
advantage of all federal grants and subventions available for children; |
(17) To review and coordinate those activities of agencies of the state, and of any political |
subdivision of the state, that affect the full and fair utilization of community resources for programs |
for children, and initiate programs that will help ensure utilization; |
(18) To administer the pilot, juvenile-restitution program, including the overseeing and |
coordinating of all local, community-based restitution programs, and the establishment of |
procedures for the processing of payments to children performing community service; |
(19) To adopt rules and regulations that: |
(i) For the twelve-month (12) period beginning on October 1, 1983, and for each |
subsequent twelve-month (12) period, establish specific goals as to the maximum number of |
children who will remain in foster care for a period in excess of two (2) years; and |
(ii) Are reasonably necessary to implement the child-welfare services and foster-care |
programs; |
(20) May establish and conduct seminars for the purpose of educating children regarding |
sexual abuse; |
(21) To establish fee schedules by regulations for the processing of requests from adoption |
placement agencies for adoption studies, adoption study updates, and supervision related to |
interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered, |
but in no event shall the fee exceed two thousand dollars ($2,000); |
(22) To be responsible for the education of all children who are placed, assigned, or |
otherwise accommodated for residence by the department in a state-operated or -supported |
community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the |
department is authorized to enroll and pay for the education of students in the public schools or, |
when necessary and appropriate, to itself provide education in accordance with the regulations of |
the board of regents council on for elementary and secondary education either directly or through |
contract; |
(23) To develop multidisciplinary service plans, in conjunction with the department of |
health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the |
development of a plan using all health-care healthcare professionals; |
(24) To be responsible for the delivery of appropriate mental health services to seriously |
emotionally disturbed children and children with functional developmental disabilities. |
Appropriate mental health services may include hospitalization, placement in a residential |
treatment facility, or treatment in a community-based setting. The department is charged with the |
responsibility for developing the public policy and programs related to the needs of seriously |
emotionally disturbed children and children with functional developmental disabilities; |
In fulfilling its responsibilities the department shall: |
(i) Plan a diversified and comprehensive network of programs and services to meet the |
needs of seriously emotionally disturbed children and children with functional developmental |
disabilities; |
(ii) Provide the overall management and supervision of the state program for seriously |
emotionally disturbed children and children with functional developmental disabilities; |
(iii) Promote the development of programs for preventing and controlling emotional or |
behavioral disorders in children; |
(iv) Coordinate the efforts of several state departments and agencies to meet the needs of |
seriously emotionally disturbed children and children with functional developmental disabilities |
and to work with private agencies serving those children; |
(v) Promote the development of new resources for program implementation in providing |
services to seriously emotionally disturbed children and children with functional developmental |
disabilities. |
The department shall adopt rules and regulations that are reasonably necessary to |
implement a program of mental health services for seriously emotionally disturbed children. |
Each community, as defined in chapter 7 of title 16, shall contribute to the department, at |
least in accordance with rules and regulations to be adopted by the department, at least its average |
per-pupil cost for special education for the year in which placement commences, as its share of the |
cost of educational services furnished to a seriously emotionally disturbed child pursuant to this |
section in a residential treatment program that includes the delivery of educational services. |
"Seriously emotionally disturbed child" means any person under the age of eighteen (18) |
years, or any person under the age of twenty-one (21) years, who began to receive services from |
the department prior to attaining eighteen (18) years of age and has continuously received those |
services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder |
under the current edition of the Diagnostic and Statistical Manual and that disability has been |
ongoing for one year or more or has the potential of being ongoing for one year or more; and the |
child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at |
risk of placement because of the disability. |
A child with a "functional developmental disability" means any person under the age of |
eighteen (18) years or any person under the age of twenty-one (21) years who began to receive |
services from the department prior to attaining eighteen (18) years of age and has continuously |
received those services thereafter. |
The term "functional developmental disability" includes autism spectrum disorders and |
means a severe, chronic disability of a person that: |
(A) Is attributable to a mental or physical impairment or combination of mental physical |
impairments; |
(B) Is manifested before the person attains age eighteen (18); |
(C) Is likely to continue indefinitely; |
(D) Results in age-appropriate, substantial, functional limitations in three (3) or more of |
the following areas of major life activity: |
(I) Self-care; |
(II) Receptive and expressive language; |
(III) Learning; |
(IV) Mobility; |
(V) Self direction; |
(VI) Capacity for independent living; and |
(VII) Economic self-sufficiency; and |
(E) Reflects the person's need for a combination and sequence of special, interdisciplinary, |
or generic care, treatment, or other services that are of life-long or extended duration and are |
individually planned and coordinated. |
Funding for these clients shall include funds that are transferred to the department of human |
services as part of the managed health-care- healthcare program transfer. However, the |
expenditures relating to these clients shall not be part of the department of human services' caseload |
estimated for the semi-annual, caseload-estimating conference. The expenditures shall be |
accounted for separately; |
(25) To provide access to services to any person under the age of eighteen (18) years, or |
any person under the age of twenty-one (21) years who began to receive child-welfare services |
from the department prior to attaining eighteen (18) years of age, has continuously received those |
services thereafter, and elects to continue to receive such services after attaining the age of eighteen |
(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount |
of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a |
managed system to care for children serviced between 18 to 21 years of age. The department shall |
manage this caseload to this level of funding; |
(26) To initiate transition planning in cooperation with the department of behavioral |
healthcare, developmental disabilities and hospitals and local school departments for any child who |
receives services through DCYF; is seriously emotionally disturbed or developmentally delayed |
pursuant to paragraph subsection (b)(24)(v); and whose care may or shall be administered by the |
department of behavioral healthcare, developmental disabilities and hospitals after the age of |
twenty-one (21) years; the transition planning shall commence at least twelve (12) months prior to |
the person's twenty-first birthday and shall result in a collaborative plan submitted to the family |
court by both the department of behavioral healthcare, developmental disabilities and hospitals and |
the department of children, youth and families and shall require the approval of the court prior to |
the dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child's twenty- |
first birthday; |
(27) To develop and maintain, in collaboration with other state and private agencies, a |
comprehensive continuum of care in this state for children in the care and custody of the department |
or at risk of being in state care. This continuum of care should be family centered and community |
based with the focus of maintaining children safely within their families or, when a child cannot |
live at home, within as close proximity to home as possible based on the needs of the child and |
resource availability. The continuum should include community-based prevention, family support, |
and crisis-intervention services, as well as a full array of foster care and residential services, |
including residential services designed to meet the needs of children who are seriously emotionally |
disturbed, children who have a functional developmental disability, and youth who have juvenile |
justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of |
care for children in the care and custody of DCYF, taking into account the availability of public |
and private resources and financial appropriations and the director shall submit an annual report to |
the general assembly as to the status of his or her efforts in accordance with the provisions of § 42- |
72-4(b)(13); |
(28) To administer funds under the John H. Chafee Foster Care Independence and |
Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42 |
U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter |
72.8 of title 42, in accordance with rules and regulations as promulgated by the director of the |
department; and |
(29) To process nationwide, criminal-record checks on prospective foster parents and any |
household member age 18 or older, prospective adoptive parents and any household member age |
18 and older, operators of child-care facilities, persons seeking to act as volunteer court-appointed |
special advocates, persons seeking employment in a child-care facility or at the training school for |
youth or on behalf of any person seeking employment at DCYF, who are required to submit to |
nationwide, criminal-background checks as a matter of law. |
(c) In order to assist in the discharge of his or her duties, the director may request from any |
agency of the state information pertinent to the affairs and problems of children. |
SECTION 20. The title of Chapter 42-72.1 of the General Laws entitled "Licensing and |
Monitoring of Childcare Providers and Child-Placing Agencies" is hereby amended to read as |
follows: |
CHAPTER 42-72.1 |
LICENSING AND MONITORING OF CHILDCARE PROVIDERS AND CHILD-PLACING |
AGENCIES |
CHAPTER 42-72.1 |
LICENSING AND MONITORING OF CHILD PLACING AGENCIES, CHILD CARING |
AGENCIES, FOSTER AND ADOPTIVE HOMES, AND CHILDREN'S BEHAVIORAL |
HEALTH PROGRAMS |
SECTION 21. Sections 42-72.1-1, 42-72.1-2, 42-72.1-3, 42-72.1-4, 42-72.1-5, 42-72.1-6 |
and 42-72.1-7 of the General Laws in Chapter 42-72.1 entitled "Licensing and Monitoring of |
Childcare Providers and Child-Placing Agencies" are hereby amended to read as follows: |
42-72.1-1. Statement of purpose. |
(a) The director of the department of children, youth, and families, pursuant to §§ 42-72- |
5(b)(7) and § 42-72-5(b)(24), shall establish within the department a unit to license and monitor |
child care providers and child-placing agencies, child caring agencies, foster and adoptive homes, |
and children’s behavioral health programs to protect the health, safety and well being of children |
temporarily separated from or being cared for away from their natural families. |
(b) Services for children requiring licensure under this chapter shall include all child care |
providers and child placing agencies, child caring agencies, foster and adoptive homes, and |
children’s behavioral health programs which offer services within the state, except as defined in § |
42-72.1-5. |
42-72.1-2. Definitions. |
As used in this chapter: |
(1) "Administrator of licensing" means the director of the licensing unit (or his/her |
designee) that carries out the provisions of this chapter, hereafter referred to as the "administrator". |
(2) "Applicant" means a child-placing agency, child caring agencies agency, foster and |
adoptive homes home, and children’s behavioral health programs program or childcare provider |
that applies apply for a license to operate. |
(3) "Child" means any person less than eighteen (18) years of age; provided, that a child |
over eighteen (18) years of age who is nevertheless subject to continuing jurisdiction of the family |
court, pursuant to chapter 1 of title 14, or defined as emotionally disturbed according to chapter 7 |
of title 40.1, shall be considered a child for the purposes of this chapter. |
(4) "Childcare provider" means a person or agency, which offers residential or |
nonresidential care and/or treatment for a child outside of his/her natural home. |
(5) "Child day care or childcare" means daily care and/or supervision offered commercially |
to the public for any part of a twenty-four (24) hour day to children away from their homes. |
(6) "Child day-care center or childcare center" means any person, firm, corporation, |
association, or agency who, on a regular or irregular basis, receives any child under the age of |
sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart |
from the child's parent or guardian for any part of a twenty-four (24) hour day irrespective of |
compensation or reward. It shall include childcare programs that are offered to employees at the |
worksite. It does not include nursery schools or other programs of educational services subject to |
approval by the commissioner of elementary and secondary education. |
(4)(7) “Child Caring Agency” means any facility that provides residential treatment, |
residential group home care homecare or semi-independent living, or residential assessment and |
stabilization. |
(7)(5)(8) "Child-placing agency" means any private or public agency, which that receives |
children for placement into independent living arrangements, supervised apartment living, |
residential group care facilities, family foster homes, or adoptive homes. |
(6)(9) “Children’s Behavioral behavioral Health health Program program” means any |
private or public agency which that provides behavioral health services to children. |
(8)(7)(12) "Department" means the department of children, youth and families (DCYF). |
(9)(8)(13) "Director" means the director of the department of children, youth and families, |
or the director's designee. |
(9)(14) “Foster and Adoptive adoptive Homes homes” means one or more adults who are |
licensed to provide foster or adoptive caregiving in a family-based home setting. |
(10) "Family day-care home" means any home other than the child's home in which child |
day care in lieu of parental care and/or supervision is offered at the same time to four (4) or more |
children who are not relatives of the care giver. |
(11) "Group family day-care home" means a residence occupied by an individual of at least |
twenty-one (21) years of age who provides care for not less than nine (9) and not more than twelve |
(12) children, with the assistance of one or more approved adults, for any part of a twenty-four (24) |
hour day. The maximum of twelve (12) children shall include children under six (6) years of age |
who are living in the home, school-age children under the age of twelve (12) years whether they |
are living in the home or are received for care, and children related to the provider who are received |
for care. These programs shall be subject to yearly licensing as addressed in this chapter and shall |
comply with all applicable state and local fire, health, and zoning regulations. |
(12)(10)(15) "Licensee" means any person, firm, corporation, association, or agency, |
which holds a valid license under this chapter. |
(13)(11)(16 "Regulation" means any requirement for licensure, promulgated pursuant to |
this chapter having the force of law. |
(14)(12)(17) "Related" means any of the following relationships, by marriage, blood, or |
adoption, even following the death or divorce of a natural parent: parent, grandparent, brother, |
sister, aunt, uncle, and first cousin. In a prosecution under this chapter or of any law relating thereto, |
a defendant who relies for a defense upon the relationship of any child to him or herself, the |
defendant shall have the burden of proof as to the relationship. |
42-72.1-3. Powers and scope of activities. |
(a) The department shall issue, deny, and revoke licenses for, and monitor the operation of, |
facilities and programs by child placing agencies, child caring agencies, foster and adoptive homes, |
and children’s behavioral health programs and child care providers, as defined in § 42-72.1-2. |
(b) The department shall adopt, amend, and rescind regulations in accordance with this |
chapter and implement its provisions. The regulations shall be promulgated and become effective |
in accordance with the provisions of the Administrative administrative Procedures procedures |
Act act, chapter 35 of this title. |
(c) The department through its licensing unit shall administer and manage the regulations |
pertaining to the licensing and monitoring of those agencies, and shall exercise all statutory and |
administrative powers necessary to carry out its functions. |
(d) The administrator shall investigate complaints of noncompliance, and shall take |
licensing action as required. |
(e) Regulations formulated pursuant to the foregoing authority shall include, but need not |
be limited to, the following: |
(1) Financial, administrative and organizational ability, and stability of the applicant; |
(2) Compliance with specific fire and safety codes and health regulations; |
(3) Character, health suitability, qualifications of child-placing agencies, child caring |
agencies, foster and adoptive homes, and children’s behavioral health programs childcare |
providers; |
(4) Staff/child ratios and workload assignments of staff providing care or supervision to |
children; |
(5) Type and content of records or documents that must be maintained to collect and retain |
information for the planning and caring for children; |
(6) Procedures and practices regarding basic childcare and placing services to ensure |
protection to the child regarding the manner and appropriateness of placement; |
(7) Service to families of children in care; |
(8) Program activities, including components related to physical growth, social, emotional, |
educational, and recreational activities, social services and habilitative or rehabilitative treatment; |
and |
(9) Investigation of previous employment, criminal record check and department records |
check.; and |
(10) Immunization and testing requirements for communicable diseases, including, but not |
limited to, tuberculosis, of childcare providers and children at any child day-care center or family |
day-care home as is specified in regulations promulgated by the director of the department of health. |
Notwithstanding the foregoing, all licensing and monitoring authority shall remain with the |
department of children, youth and families. |
(f) The administrator may: |
(1) Prescribe any forms for reports, statements, notices, and other documents deemed |
necessary; |
(2) Prepare and publish manuals and guides explaining this chapter and the regulations to |
facilitate compliance with and enforcement of the regulations; |
(3) Prepare reports and studies to advance the purpose of this chapter; |
(4) Provide consultation and technical assistance, as requested, to assist licensees in |
maintaining compliance; and |
(5) Refer to the advisory council for children and families for advice and consultation on |
licensing matters. |
(g) The department may promulgate rules and regulations for the establishment of child |
day care centers located on the second floor. |
(h)(g) (h) When the department is otherwise unsuccessful in remedying noncompliance |
with the provisions of this chapter and the regulations promulgated under it, it may petition the |
family court for an order enjoining the noncompliance or for any order that equity and justice may |
require. |
(i) The department shall collaborate with the departments of human services, elementary |
and secondary education, and health to provide monitoring, mentoring, training, technical |
assistance, and other services which are necessary and appropriate to improving the quality of |
childcare offered by childcare providers who are certified, licensed, or approved by the department |
or the department of elementary and secondary education or who are seeking certification, |
licensure, or approval pursuant to this chapter or § 16-48-2, including non-English speaking |
providers. |
(j)(h) (j) The department shall adopt, amend, and rescind regulations in the same manner |
as set forth above in order to permit the placement of a pregnant minor in a group residential facility |
which provides a shelter for pregnant adults as its sole purpose. |
(i) (k) Notwithstanding the transfer of licensing to and the licensing and monitoring of day |
and child care facilities to the department of human services, pursuant to chapter 42-12.5 12.5 of |
this title 42, the department of children, youth and families will continue to be the agency |
responsible for investigating any complaint of abuse and neglect that is alleged to have occurred at |
a day care or child care facility. Any appeal of an investigative finding of abuse or neglect against |
a staff member, paid or otherwise, including managerial or contract personnel, or visitor may be |
appealed to the Rhode Island Family Court family court. |
(j) (l) The Rhode Island Family family Court court shall retain jurisdiction over those |
complaints investigated by the department of children, youth and families, pursuant to this chapter, |
regardless of whether licensing and monitoring is performed under chapter 12.5 of this title or this |
chapter 72.1 of this title. |
42-72.1-4. License required. |
(a) No person shall provide continuing full-time care for a child apart from the child's |
parents, or receive or place children in child care services, including day care arrangements, without |
a license issued pursuant to this chapter. This requirement does not apply to a person related by |
blood, marriage, guardianship, or adoption to the child. Licensing requirements for child day care |
services are governed by §42-12.5-4 et seq. , unless that arrangement is for the purposes of day |
care. |
(b) The licensing requirement does not apply to shelter operations for parents with children, |
boarding schools, recreation camps, nursing homes, hospitals, maternity residences, and centers for |
developmentally disabled children. |
(c) No person, firm, corporation, association, or agency, other than a parent, shall place, |
offer to place, or assist in the placement of a child in Rhode Island, for the purpose of adoption, |
unless the person, firm, corporation, or agency shall have been licensed for those purposes by the |
department or is a governmental child-placing agency, and that license shall not have been |
rescinded at the time of placement of a child for the purpose of adoption. The above does not apply |
when a person, firm, corporation, association, or agency places, offers to place, or assists in the |
placement of a child in Rhode Island, for the purpose of adoption through a child-placement agency |
duly licensed for child-placement in the state or through the department of children, youth, and |
families, nor when the child is placed with a father, sister, brother, aunt, uncle, grandparent, or |
stepparent of the child. |
(d) No parent shall assign or otherwise transfer to another not related to him or her by blood |
or marriage, his or her rights or duties with respect to the permanent care and custody of his or her |
child under eighteen (18) years of age unless duly authorized so to do by an order or decree of |
court. |
(e) No person shall bring or send into the state any child for the purpose of placing him or |
her out, or procuring his or her adoption, or placing him or her in a foster home without first |
obtaining the written consent of the director, and that person shall conform to the rules of the |
director and comply with the provisions of the Interstate Compact on the Placement of Children, |
chapter 15 of title 40. |
(f) No person, firm, corporation, association, or agency shall operate a family day care |
home without a registration certificate issued by the department. |
(fg)(g) No state, county, city, or political subdivision shall operate a child placing or child |
care agency, child caring agency, foster and adoptive home, or children’s behavioral health |
program or facility without a license issued pursuant to this chapter. |
(gh)(h) No person shall be exempt from a required license by reason of public or private, |
sectarian, non-sectarian, court-operated child placement program child-care program, child caring |
agency, foster and adoptive home, or children’s behavioral health program for profit or non-profit |
status, or by any other reason of funding, sponsorship, or affiliation. |
42-72.1-5. General licensing provisions. |
The following general licensing provisions shall apply: |
(1) A license issued under this chapter is not transferable and applies only to the licensee |
and the location stated in the application and remains the property of the department. A license |
shall be publicly displayed. A license shall be valid for one year from the date of issue and upon |
continuing compliance with the regulations,. except that a certificate issued to a family day care |
home, a A license issued to a foster parent, and/or a license issued to a program for mental health |
services for "seriously emotionally disturbed children" as defined in § 42-72-5(b)(24) shall be valid |
for two (2) years from the date of issue. |
(2) Every license application issued pursuant to § 42-72.1-4 shall be accompanied by a |
nonrefundable application fee paid to the State of Rhode Island as follows: |
(a) Adoption and foster care child placing agency license- one thousand dollars ($1000); |
(b) Child day care center license- five hundred dollars ($500); |
(c) Group family day care home license -- two hundred and fifty dollars ($250); |
(d) Family day care home license- one hundred dollars ($100). |
(3) All fees collected by the State state pursuant to paragraph subsection (2) of this section |
shall be deposited by the general treasurer as general revenues. |
(4) A licensee shall comply with applicable state fire and health safety standards. |
(5) The department may grant a provisional license to an applicant, excluding any foster |
parent applicant, who is not able to demonstrate compliance with all of the regulations because the |
program or residence is not in full operation; however, the applicant must meet all regulations that |
can be met in the opinion of the administrator before the program is fully operational. The |
provisional license shall be granted for a limited period not to exceed six (6) months and shall be |
subject to review every three (3) months. |
(6) The department may grant a probationary license to a licensee who is temporarily |
unable to comply with a rule or rules when the noncompliance does not present an immediate threat |
to the health and well-being of the children, and when the licensee has obtained a plan approved |
by the administrator to correct the areas of noncompliance within the probationary period. A |
probationary license shall be issued for up to twelve (12) months; it may be extended for an |
additional six (6) months at the discretion of the administrator. A probationary license that states |
the conditions of probation may be issued by the administrator at any time for due cause. Any prior |
existing license is invalidated when a probationary license is issued. When the probationary license |
expires, the administrator may reinstate the original license to the end of its term, issue a new |
license or revoke the license. |
(7) The administrator will establish criteria and procedure for granting variances as part of |
the regulations. |
(8) The above exceptions (probationary and provisional licensing and variances) do not |
apply to and shall not be deemed to constitute any variance from state fire and health safety |
standards. However, if a request for a variance of fire inspection deficiencies has been submitted |
to the fire safety code board of appeal and review, DCYF may grant a provisional license to |
terminate no later than thirty (30) days following the board's decision on said variance. |
(9) A license under this chapter shall be granted to a school age child day care program |
without the necessity for a separate fire, building, or radon inspection, when said child day care |
program is conducted at a Rhode Island elementary or secondary school which has already been |
found in compliance with said inspections, provided that an applicant complies with all other |
provisions of DCYF regulations, or has been granted appropriate variances by the department. |
42-72.1-6. Violations, suspensions and revocations of license. |
(a) When a licensee violates the terms of the license, the provisions of this chapter, or any |
regulation thereunder, the department may pursue the administrative remedies herein provided, in |
addition to other civil or criminal remedies according to the general laws. |
(b) After notice and hearing, as provided by the Administrative Procedures Act, chapter 35 |
of this title, the administrator may revoke the license, or suspend the license for a period not |
exceeding six (6) months. |
(c) During a suspension, the agency, facility or program shall cease operation. |
(d) To end a suspension, the licensee shall, within thirty (30) days of the notice of |
suspension, submit a plan of corrective action to the administrator. The plan shall outline the steps |
and timetables for immediate correction of the areas of noncompliance and is subject to the |
approval of the administrator. |
(e) At the end of the suspension, the administrator may reinstate the license for the term of |
the original license, revoke the license, issue a new license, or deny a reapplication. |
(f) Upon revocation, the licensed agency, program or facility shall cease operation. The |
licensee whose license has been revoked may not apply for a similar license within a three-(3) year |
(3) period from the date of revocation. |
(g) Except in those instances wherein there is a determination that there exists a danger to |
the public health, safety, or welfare or there is a determination that the childcare provider has |
committed a serious breach of State law, orders, or regulation, the director shall utilize progressive |
penalties for noncompliance of any rule, regulation or order relating to childcare providers. |
Progressive penalties could include written notice of noncompliance, education and training, |
suspending enrollment to the program, assessing fines, suspension of license, and revocation of |
license. |
42-72.1-7. Penalties for violations. |
(a) Any person who violates any of the provisions of this chapter, or any regulations issued |
pursuant to this chapter, or who shall intentionally make any false statement or reports to the |
director with reference to the matters contained herein, shall, upon conviction for the first offense, |
be imprisoned for a term not exceeding six (6) months or be fined not exceeding five hundred |
dollars ($500), or both, and for a second or subsequent offense, shall be imprisoned for a term not |
exceeding one year or be fined not exceeding one thousand dollars ($1000), or both the fine and |
imprisonment. |
(b) Anyone who maintains or conducts a program, agency, or facility without first having |
obtained a license, or who maintains or conducts a program, agency, or facility after a license has |
been revoked or suspended, or who shall refuse to permit a reasonable inspection and examination |
of a program, agency, or facility, shall be guilty of a misdemeanor and, upon conviction, shall be |
fined not more than five hundred dollars ($500) for each week that the program, agency, or facility |
shall have been maintained without a license or for each refusal to permit inspection and |
examination by the director. |
(c) Any individual, firm, corporation, or other entity who maintains or conducts a family |
day care home without first having obtained a registration certificate for the home, shall be guilty |
of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars ($25.00) |
nor more than one hundred dollars ($100) for each week that the home shall have been maintained |
without a valid registration certificate. |
(d) (c) (d) The department shall refer any violations to the attorney general's office for |
prosecution. |
SECTION 22. Section 42-72.1-8 of the General Laws in Chapter 42-72.1 entitled |
"Licensing and Monitoring of Childcare Providers and Child-Placing Agencies" is hereby repealed. |
42-72.1-8. Open door policy. |
There shall be an open door policy permitting any custodial parent or legal guardian to |
have access to a day care facility for any program when their child is in attendance. |
SECTION 23. Section 42-72.11-1 of the General Laws in Chapter 42-72.11 entitled |
"Administrative Penalties for Childcare Licensing Violations" is hereby amended to read as |
follows: |
42-72.11-1. Definitions. |
As used in this chapter, the following words, unless the context clearly requires otherwise, |
shall have the following meanings: |
(1) "Administrative penalty" means a monetary penalty not to exceed the civil penalty |
specified by statute or, where not specified by statute, an amount not to exceed five hundred dollars |
($500). |
(2) (4) "Director" means the director of the department of children, youth and families |
human services or his or her duly authorized agent. |
(3) (5) "Person" means any public or private corporation, individual, partnership, |
association, or other entity that is licensed as a child day care center, family child day care home, |
group family child day care home or any officer, employee or agent thereof. |
(4) (2) "Citation" means a notice of an assessment of an administrative penalty issued by |
the director or his or her duly authorized agent. |
(5) (3) “Department” means the department of human services. |
SECTION 24. Sections 42-154-1 and 42-154-3 of the General Laws in Chapter 42-154 |
entitled "Division of Elderly Affairs" are hereby amended to read as follows: |
42-154-1. Establishment of division -- Director. |
(a) There is hereby established within the executive branch of state government and the |
department of human services a division of elderly affairs, effective July 1, 2011. The division shall |
reside within the department of human services for administrative purposes only. The head of the |
division shall be the director of the division of elderly affairs, appointed by and reporting directly |
to the governor, with the advice and consent of the senate. who shall be a person qualified through |
and by training and experience to perform the duties of the division. The director shall be in the |
unclassified service. |
(b) Effective July 1, 2019, the division of elderly affairs, as established pursuant to |
subsection (a) of this section, shall be henceforth referred to and renamed as the "office of healthy |
aging." |
42-154-3. Construction of references. |
Effective July 1, 2011, all references in the general laws to the department of elderly affairs |
established pursuant to chapter 42-66 66 of this title ("Elderly Affairs Department") shall be |
deemed to mean and refer to the division of elderly affairs within the department of human services |
as set forth in this chapter. Effective July 1, 2019, all references in the general laws to either the |
department of elderly affairs established pursuant to chapter 42-66 66 of this title ("Elderly Affairs |
Department") or the division of elderly affairs established pursuant to § 42-154-1(a) shall be |
deemed to mean and refer to the office of healthy aging within the department of human services. |
SECTION 25. Sections 1 through 4 shall take effect on January 1, 2020. The remaining |
sections of this article shall take effect upon passage. |