42-1-1. Extension of boundaries into sea.

1. The general assembly finds that the people of the state of Rhode Island have a fundamental interest in the establishment of the full jurisdiction of this state over that area which congress has determined to be subject to this state’s jurisdiction in the Submerged Lands Act of 1953, 43 U.S.C. § 1301 et seq., and to extend jurisdiction as fully as is permitted under the Geneva Convention on the Territorial Sea and the Contiguous Zone of 1958 and applicable precedents of the United States Supreme Court.
2. The boundary between this state and the state of New York is established by agreement between the two states and ratified by the congress in chapter 362 of Public Law 399, approved July 1, 1944.
3. The territorial waters of this state and the submerged lands thereunder enuring to this state extend seaward three (3) geographical miles (5,556 meters) from the shoreline at the mean low water mark or from any base line farther out permitted by law, without prejudice to existing state jurisdiction up to the mean high water mark.
4. The waters of Narragansett Bay are bounded on the south by a base line or closing line extending from the mean low water mark at the southernmost point at Point Judith to the mean low water mark at the southernmost point on the southernmost island in the West Island group, south of Sakonnet Point. This closing line is equivalent to the shoreline.
5. Whenever the United States or a court of competent jurisdiction shall extend the breadth of the territorial seas of this state to any greater distance, the above territorial boundaries shall be deemed to extend to such distance.
6. The boundary of counties bordering on the sea extends to the uttermost limit of the state.

History of Section. P.L. 1984, ch. 344, § 2.

42-1-2. Jurisdiction of state — Lands ceded to United States.

The jurisdiction of the state shall extend to, and embrace, all places within the boundaries thereof, except as to those places that have been ceded to the United States, or have been purchased by the United States with the consent of the state. Provided, however, with respect to all land, the jurisdiction over which shall have been ceded to the United States by the state of Rhode Island, the state of Rhode Island shall have and hereby does retain concurrent jurisdiction with the United States of and over that land, for the sole and only purpose of serving and executing thereon civil and criminal process issuing by virtue of and under the laws and authority of the state of Rhode Island.

History of Section. G.L. 1896, ch. 1, § 2; G.L. 1909, ch. 1, § 2; G.L. 1923, ch. 1, § 2; G.L. 1938, ch. 1, § 2; G.L. 1956, § 42-1-2 .

42-1-2.1. Retrocession of Veterans’ Administration property.

1. The governor may accept, on behalf of the state, retrocession of jurisdiction over Veterans’ Administration property within the state, to establish concurrent jurisdiction between the federal government and the state over lands and interests, including any roads, highways or other lands and buildings of the Veterans’ Administration, within the city of Providence where retrocession has been offered by the administrator of Veterans’ Affairs on behalf of the United States.
2. Documents concerning such action shall be filed in the office of the secretary of state and in the office of the registry of deeds of the city of Providence.

History of Section. P.L. 1984, ch. 81, § 21.

42-1-3. Tracts ceded to United States — Reserved jurisdiction.

The tracts of land hereinafter referred to are within the exclusive jurisdiction of the United States subject to the reservations and conditions contained in the acts of the general assembly ceding jurisdiction thereof, respectively; provided, that all civil and criminal process issued under the authority of this state may be executed thereon in the same manner as if the jurisdiction of the lands had not been ceded; that is to say:

1. A tract of land at Beaver Tail, in the south part of the town of Jamestown;
2. A tract of land at Whale Rock, at the entrance to Narragansett Bay;
3. A tract of land at Watch Hill, in the town of Westerly;
4. A tract of land at Point Judith, in the town of Narragansett;
5. A tract of land at Poplar Point, in the town of North Kingstown;
6. A tract of land at Old Gay Rock, in the harbor of Wickford, in the town of North Kingstown;
7. A tract of land on the northwest point of Block Island, in the town of New Shoreham;
8. A tract of land at the breakwater at Block Island, in the town of New Shoreham;
9. A tract of land on the southeast point of Block Island, in the town of New Shoreham;
10. A tract of land at Warwick Neck, in the city of Warwick;
11. A tract of land at Sandy Point, on the island of Prudence, in the town of Portsmouth;
12. An island or place in the harbor of Newport, known as Lime Rock;
13. A lot of land near Bristol Ferry, in the town of Bristol;
14. A shoal known as the Bullock’s Point Shoal, in Providence River, and so much of the land below low water surrounding the same as is included within a circle of one hundred feet (100´) radius from the center of the lighthouse thereon; an island in the outer channel of Providence River known as Pomham Rock; with Fuller’s Rocks, in Providence River, and so much of the land below high-water mark as is within the circle of one hundred feet (100´) radius from the center of the lighthouse, beacon light, or range light at Fuller’s Rocks; and so much land below high-water mark as is included within a circle of one hundred feet (100´) radius from the center of the lighthouse, beacon light, or range light at Sassafras Point, in Providence River; all of which several tracts of land have been acquired by the United States as sites for lighthouses;
15. A tract of land covered by the navigable waters of the state within a circle, seven hundred feet (700´) in diameter, the center of which shall be the Little Cormorant Rock, so-called, situated at the mouth of the Seaconnet River, on a course northwest from the northwesterly point of West Island, and distant therefrom about nine hundred feet (900´), as a site for a lighthouse, beacon, or other aid to navigation;
16. A tract of land covered by the navigable waters of the state within a circle, three hundred feet (300´) in diameter, the center of which shall be the rocks known as Gull Rocks, in mid-channel between Rose Island and Coaster’s Harbor Island, in Newport Harbor, as a site for a lighthouse or other aid to navigation;
17. A tract, piece or parcel of land lying and being in the Warren River, for the erection thereon of a light in aid of navigation, more particularly described as a circular plot one hundred feet (100´) in diameter including what is known as Allen Rock, the center of the plot being located in latitude forty-one degrees (41°), forty-two minutes (42 UNHANDLEDCHAR ), forty-nine seconds (49"), north; longitude seventy-one degrees (71°), seventeen minutes (17 UNHANDLEDCHAR ), thirty-seven and three-quarters seconds (37.75") west, and further described by a circle in red ink adjacent to the words “Allen Rk” on a copy of the U.S. coast and geodetic survey chart, marked exhibit “A” and attached to chapter 1879 of the Public Laws of 1932;
18. A tract of land on Brenton’s Neck, in Newport, being the site of Fort Adams;
19. Goat Island in the harbor of Newport, being the site of Fort Walcott and a lighthouse;
20. Dutch Island, between Jamestown and Narragansett, purchased for the purpose of a lighthouse and the location of a fort;
21. An island called Castle Island, at the entrance of Bristol Harbor;
22. An island between Newport and Jamestown, known as Rose Island, ceded for a fort;
23. A lot of land on the east side of Weybosset Street, in the city of Providence, purchased for a customhouse, post office, and United States courtroom;
24. A lot of land on the east side of Thames Street, in the city of Newport, purchased for a customhouse;
25. A lot of land in the town of Bristol, purchased for a post office and customhouse;
26. A lot of land in the city of Pawtucket, purchased for a post office and other public purposes;
27. Coaster’s Harbor Island in Narragansett Bay, ceded for the location of the United States naval training school;
28. A lot of land on Exchange Place in the city of Providence, purchased for a post office, courthouse, and customhouse;
29. A tract of land south of Jamestown, on Conanicut Island, Rhode Island, being the site of Fort Wetherill;
30. A tract of land on the northwesterly shore of Conanicut Island, commonly known as Fox Hill, being the site of Fort Getty;
31. A tract of land south of Saunderstown, on the westerly shore of Narragansett Bay, commonly known as Boston Neck, being the site of Fort Kearny;
32. A tract of land at Point Judith, being the site of the landing for the upper shore arm of Point Judith breakwater;
33. A tract of land under water at the entrance of Great Salt Pond Harbor on Block Island in the town of New Shoreham for lighthouse purposes; the land being all that tract, piece or parcel of land situate, lying and being in a circle, two hundred feet (200´) in diameter, the center of which is in latitude north forty-one degrees (41°), eleven minutes (11 UNHANDLEDCHAR ), fifty-seven and six-tenths seconds (57.6"), and longitude east, seventy-one degrees (71°), thirty-five minutes (35 UNHANDLEDCHAR ), thirty-eight and four-tenths seconds (38.4"), and bears north thirty-nine degrees (39°), eighteen minutes (18 UNHANDLEDCHAR ) west true from Great Salt Pond inner end light and distant from it by one thousand five hundred seventy-five feet (1,575´). Also a line parallel to and one hundred feet (100´) from the center line of the existing breakwater and another line perpendicular to the above-mentioned line at a point southerly of and one hundred feet (100´) distant from the northerly extremity of the breakwater intersect each other in a point which is the center of the circle. The area or content of the property thus limited and defined being seven hundred twenty-one one-thousandths (721/1000) of an acre more or less;
34. A tract of land situated, lying and being within the city of Newport, the county of Newport and the state of Rhode Island, approximately one thousand five hundred feet (1,500´) north of Coaster’s Harbor Island and six hundred feet (600´) west of Coddington Point, and surrounded by the waters of Narragansett Bay, known as and called Bishop’s Rock, containing about six-tenths (6/10) of an acre;
35. A parcel of land lying within the reservation of the Peters-Fournier Airport of Rhode Island situated in the towns of Lincoln and Smithfield, ceded to the United States for the express purpose of establishing and developing upon the land a specialist training center for the United States air force reserve and for the erection of buildings, utilities, and other structures for military uses in this regard;
36. A parcel of land lying within the reservation of the Peters-Fournier Airport of Rhode Island situated in the towns of Lincoln and Smithfield, ceded to the United States for the express purpose of constructing and operating upon the land a tactical site support facility to provide logistical support to installations in the Providence defense area and for the erection of buildings, utilities, and other structures for uses in this regard;
37. A tract of land situated in the town of Middletown and the city of Newport, located between the Rhode Island department of transportation railroad right-of-way and the portion of Narragansett Bay known as Coddington Cove, referred to as AREA V-A in the attached deed;
38. A tract of land situated in the town of Middletown, located within the Naval Station’s security perimeter of Coddington Cove, referred to as AREA V-B in the attached deed;
39. A tract of land situated in the town of Middletown, located within the Naval Station’s security perimeter of Coddington Cove, referred to as AREA V-C in the attached deed;
40. A tract of land situated in the town of Middletown, located within the Naval Station’s security perimeter of Coddington Cove, referred to as AREA V-D in the attached deed;
41. A tract of land situated in the town of Middletown, located within the Still Water Basin area, referred to as AREA VI in the attached deed;
42. A tract of land situated in the town of Middletown, said parcel containing the combined Naval Station Police and Fire Headquarters, referred to as AREA VII in the attached deed;
43. A tract of land situated in the town of Middletown, lying adjacent to the easterly border of the Rhode Island department of transportation railroad right-of-way; referred to as AREA VII-A in the attached deed;
44. A tract of land situated in the town of Middletown, encompassing the Naval Station Newport’s Fire Fighter Trainer complex; referred to as AREA VIII in the attached deed.

History of Section. G.L. 1896, ch. 1, § 3; G.L. 1909, ch. 1, § 3; P.L. 1919, ch. 1716, § 1; P.L. 1919, ch. 1717, § 1; G.L. 1923, ch. 1, § 3; P.L. 1932, ch. 1879, § 1; G.L. 1938, ch. 1, § 3; impl. am. P.L. 1939, ch. 696; impl. am. P.L. 1955, ch. 3556; G.L. 1956, § 42-1-3 ; impl. am. R.P.L. 1957, ch. 45; P.L. 2012, ch. 115, § 1; P.L. 2012, ch. 130, § 1.

42-1-4. Exemption from taxes.

The premises described in § 42-1-3 shall be exempt from all taxes and assessments and other charges which may be levied or imposed under the authority of the state and shall so continue to be exempt as long as the property shall remain the property of the United States and no longer.

History of Section. P.L. 1919, ch. 1717, § 3; G.L. 1923, ch. 1, § 4; G.L. 1938, ch. 1, § 4; G.L. 1956, § 42-1-4 .

42-2-1. Consent to acquisition of land.

The consent of the state of Rhode Island is given to the purchase by the government of the United States, or under the authority of the government of the United States, of any tract, piece, or parcel of land from any person within the limits of the state for the purpose of erecting thereon post offices, lighthouses, beacon lights, range lights, lifesaving stations, and light keepers’ dwellings, and other needful public buildings or for the location, construction, or prosecution of forts, fortifications, coast defenses, and appurtenances thereto, or for the location and maintenance of any cable lines, landing places, terminal stations, and other needful buildings connected therewith for weather bureau purposes, or for the establishment of naval stations or coal depots, or the erection of buildings, piers, wharves, or other structures for naval uses, or for the establishment of fish or lobster cultural stations or hatcheries, or the erection or construction of other needful buildings connected therewith or for the erection or construction of piers, wharves, dams, or other structures for use in connection with the fish or lobster cultural stations or hatcheries; and all deeds, conveyances, or title papers for the purchases shall be recorded, as in other cases, upon the land records of the town in which the land so conveyed may lie; the consent herein given being in accordance with U.S. Const., Art. I, § 8, cl. 17, and with the acts of Congress in such cases made and provided.

History of Section. G.L. 1896, ch. 2, § 1; P.L. 1896, ch. 330, § 1; P.L. 1903, ch. 1091, § 1; P.L. 1903, ch. 1099, § 1; G.L. 1909, ch. 2, § 1; P.L. 1918, ch. 1608, § 1; G.L. 1923, ch. 2, § 1; P.L. 1926, ch. 805, § 1; G.L. 1938, ch. 2, § 1; G.L. 1956, § 42-2-1 .

42-2-2. Exemption from taxation.

The lots, parcels, or tracts of land selected pursuant to § 42-2-1 , together with the tenements and appurtenances for the purposes mentioned in § 42-2-1 , shall be held exempt from taxation by the state of Rhode Island.

History of Section. G.L. 1896, ch. 2, § 2; G.L. 1909, ch. 2, § 2; G.L. 1923, ch. 2, § 2; G.L. 1938, ch. 2, § 2; G.L. 1956, § 42-2-2 .

42-2-3. Migratory bird reservations.

Consent of the state of Rhode Island is given to the acquisition by the United States by purchase, gift, devise, or lease of those areas of land or water, or of land and water, in Rhode Island, which the United States may deem necessary for the establishment of migratory bird reservations in accordance with the Migratory Bird Conservation Act, 16 U.S.C. §§ 715 — 715s, reserving, however, to the state of Rhode Island full and complete jurisdiction and authority over all those areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of that act.

History of Section. P.L. 1930, ch. 1607, § 1; G.L. 1938, ch. 2, § 3; G.L. 1956, § 42-2-3 .

42-2-4. Forest, wildlife, and recreational areas.

The consent of the state is hereby given to the acquisition by the United States or any authorized agency thereof, by purchase, gift, devise, or lease, of those lands or interests in land in this state which the United States or agency may deem necessary or desirable for the purpose of the establishment and maintenance or of the maintenance of forest, wildlife, park, or recreational areas in accordance with acts of the congress authorizing the acquisition by the United States or any agency thereof of lands or interests in land for this purpose, reserving, however, to this state, over all lands or interests in land so acquired, full and complete jurisdiction and authority not incompatible with the administration, maintenance, protection, and control thereof by the United States or agency under the provisions of those acts of the congress.

History of Section. P.L. 1935, ch. 2199, § 1; G.L. 1938, ch. 2, § 4; G.L. 1956, § 42-2-4 .

42-2-5. Eminent domain by United States.

Whenever it shall be made to appear to the superior court, upon the application of any authorized agent of the United States, that the United States is desirous of purchasing any tract of land, and the right of way thereto, within the limits of this state, for the erection of a lighthouse, beacon light, range light, lifesaving station, or light keeper’s dwelling, or for the location, construction, or prosecution of forts, fortifications, coast defenses, and appurtenances thereto, and that the owner of the land is unknown, nonresident, or a minor, or from any other cause is incapable of making a perfect title to the lands, or in case the owners, being residents and capable of conveying, shall, from disagreement in price, or from any other cause, refuse to convey the lands to the United States, the superior court shall order notice upon the application to be published in the newspaper published nearest the place where the land lies, also in a newspaper published in Newport, and in a newspaper published in Providence, once in each week for the space of four (4) months, which notice shall contain an accurate description of the lands, together with the names of the owners, or supposed owners, and shall require all persons interested in the lands to appear on a day and at a place to be specified in the notice, and to make their objections, if any they have, to having the lands condemned to the United States for the above stated use. Whereupon, the superior court shall proceed to empanel a jury, as in other cases, to appraise the value of the lands, at their fair market value, and all damages sustained by the owners thereof by the appropriation thereof by the United States for the above stated purpose; which award, when so assessed, with the entire costs of the proceedings, shall be paid into the general treasury of the state, and thereupon the sheriff of the county in which the land lies, upon the production of the certificate of the general treasurer that the amount has been paid, shall execute to the United States, and deliver to their authorized agent, a deed of the lands, reciting the proceedings in the cause, which deed shall convey to the United States a good and absolute title to the lands for the purposes aforesaid, against all persons whatsoever.

History of Section. G.L. 1896, ch. 2, § 4; P.L. 1896, ch. 330, § 2; C.P.A. 1905, §§ 1216, 1217; G.L. 1909, ch. 2, § 4; G.L. 1923, ch. 2, § 4; G.L. 1938, ch. 2, § 5; G.L. 1956, § 42-2-5 .

42-2-6. Payment for condemned lands.

The money paid into the general treasury pursuant to § 42-2-5 shall remain there until it is ordered to be paid out to the person who is entitled to receive it, by the order of the superior court.

History of Section. G.L. 1896, ch. 2, § 5; G.L. 1909, ch. 2, § 5; G.L. 1923, ch. 2, § 5; G.L. 1938, ch. 2, § 6; G.L. 1956, § 42-2-6 .

42-2-7. Title to improvements.

The title to all buildings, tanks, light, sewer and water systems and other improvements and installations constructed at the expense of the United States on land owned or leased by the state shall vest in the United States, and those buildings and other improvements and installations shall not be disposed of except upon approval of the secretary of defense and under the conditions that he or she may prescribe.

History of Section. G.L. 1923, ch. 2, § 7; P.L. 1927, ch. 984, § 1; G.L. 1938, ch. 2, § 8; G.L. 1956, § 42-2-7 .

42-2-8. Execution of state process.

All civil and criminal processes issued under the authority of this state or of any department, division or officer thereof may be served and executed on any lot, piece, parcel or tract of land acquired by the United States under the authority of this chapter, and in any buildings or structures that may be erected thereon, in the same manner as if jurisdiction had not been ceded under the authority of this chapter.

History of Section. G.L. 1896, ch. 2, § 3; G.L. 1909, ch. 2, § 3; G.L. 1923, ch. 2, § 3; P.L. 1935, ch. 2199, § 2; G.L. 1938, ch. 2, § 9; G.L. 1956, § 42-2-8 .

42-2-9. Entry on lands for geological survey.

For the purpose of making the surveys required of the federal geological survey by acts of the United States congress, it shall be lawful for the persons employed in making the surveys to enter upon the lands within the boundaries of this state.

History of Section. P.L. 1902, ch. 1050, § 1; G.L. 1909, ch. 2, § 6; G.L. 1923, ch. 2, § 6; G.L. 1938, ch. 2, § 7; G.L. 1956, § 42-2-9 .

42-3-1. Newport County.

The city of Newport and the towns of Portsmouth, Jamestown, Middletown, Little Compton, and Tiverton, shall constitute the county of Newport; and Newport shall be the county town.

History of Section. G.L. 1896, ch. 3, § 1; G.L. 1909, ch. 3, § 1; G.L. 1923, ch. 3, § 1; G.L. 1938, ch. 3, § 1; G.L. 1956, § 42-3-1 ; P.L. 1963, ch. 84, § 1.

42-3-2. Providence County.

The cities of Providence, Pawtucket, Woonsocket, Central Falls, and Cranston, and the towns of Smithfield, Scituate, Glocester, Cumberland, Johnston, North Providence, Foster, Burrillville, East Providence, North Smithfield, and Lincoln, shall constitute the county of Providence; and Providence shall be the county town.

History of Section. G.L. 1896, ch. 3, § 2; G.L. 1909, ch. 3, § 2; G.L. 1923, ch. 3, § 2; G.L. 1938, ch. 3, § 2; G.L. 1956, § 42-3-2 .

42-3-3. Washington County.

The towns of South Kingstown, North Kingstown, New Shoreham, Westerly, Charlestown, Exeter, Richmond, Hopkinton, and Narragansett, shall constitute the county of Washington; and South Kingstown shall be the county town.

History of Section. G.L. 1896, ch. 3, § 3; G.L. 1909, ch. 3, § 3; G.L. 1923, ch. 3, § 3; G.L. 1938, ch. 3, § 3; G.L. 1956, § 42-3-3 ; P.L. 1963, ch. 84, § 1.

42-3-4. Bristol County.

The towns of Bristol, Warren, and Barrington, shall constitute the county of Bristol; and Bristol shall be the county town.

History of Section. G.L. 1896, ch. 3, § 4; G.L. 1909, ch. 3, § 4; G.L. 1923, ch. 3, § 4; G.L. 1938, ch. 3, § 4; G.L. 1956, § 42-3-4 .

42-3-5. Kent County.

The city of Warwick and the towns of East Greenwich, West Warwick, West Greenwich, and Coventry, shall constitute the county of Kent; and East Greenwich shall be the county town.

History of Section. G.L. 1896, ch. 3, § 5; G.L. 1909, ch. 3, § 5; P.L. 1913, ch. 1012, § 1; G.L. 1923, ch. 3, § 5; G.L. 1938, ch. 3, § 5; G.L. 1956, § 42-3-5 .

42-3-6. Jurisdiction over waters.

The jurisdiction of counties separated by, or bordering on, the public waters within the jurisdiction of the state, shall be concurrent over those waters, except as is hereinafter provided. The waters of Narragansett Bay, and the lands and rocks therein, situated to the northward of a line drawn from the mouth of Pawtuxet River to Sabin’s Point, shall be deemed a part of the county of Providence, and be within the jurisdiction of Providence County; and all the other waters of Narragansett Bay shall not be deemed to make a part of or be within the sole jurisdiction of any one particular county.

History of Section. G.L. 1896, ch. 3, § 6; G.L. 1909, ch. 3, § 6; G.L. 1923, ch. 3, § 6; G.L. 1938, ch. 3, § 6; G.L. 1956, § 42-3-6 .

42-4-1. Arms of state.

The arms of the state are a golden anchor on a blue field, and the motto thereof is the word “Hope”.

History of Section. G.L. 1896, ch. 5, § 1; G.L. 1909, ch. 5, § 1; G.L. 1923, ch. 5, § 1; G.L. 1938, ch. 19, § 1; G.L. 1956, § 42-4-1 .

42-4-2. State seal.

There shall continue to be one seal for the public use of the state; the form of an anchor shall be engraved thereon; the motto thereof shall be the word “Hope”; and in a circle around the outside shall be engraved with the words, “Seal of the State of Rhode Island, 1636”.

History of Section. G.L. 1896, ch. 5, § 2; G.L. 1909, ch. 5, § 2; G.L. 1923, ch. 5, § 2; G.L. 1938, ch. 19, § 2; G.L. 1956, § 42-4-2 ; P.L. 2007, ch. 340, § 7.

42-4-3. State flag.

The flag of the state shall be white, five feet and six inches (5´6") fly and four feet and ten inches (4´10”) deep on the pike, bearing on each side in the center a gold anchor, twenty-two inches (22") high, and underneath it a blue ribbon twenty-four inches (24") long and five inches (5") wide, or in these proportions, with the motto “Hope” in golden letters thereon, the whole surrounded by thirteen (13) golden stars in a circle. The flag shall be edged with yellow fringe. The pike shall be surmounted by a spearhead and the length of the pike shall be nine feet (9´), not including the spearhead.

History of Section. G.L. 1896, ch. 5, § 3; P.L. 1897, ch. 460, § 1; G.L. 1909, ch. 5, § 3; G.L. 1923, ch. 5, § 3; G.L. 1938, ch. 19, § 3; G.L. 1956, § 42-4-3 ; P.L. 1978, ch. 88, § 1.

42-4-4. State song.

1. The song entitled “Rhode Island’s It for Me,” words by Charlie Hall, music by Maria Day and arrangement by Kathryn Chester, shall be and is hereby established as and declared to be the state song.
2. The words and musical presentation of the state song shall be as follows:

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History of Section. P.L. 1996, ch. 107, § 2.

42-4-4.1. State march.

1. The song entitled “Rhode Island,” words and music by T. Clarke Brown, shall be and is hereby established as and declared to be the state march.
2. The words and the musical presentation of the state march shall be as follows:

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History of Section. P.L. 1946, ch. 1809, §§ 1, 2; G.L. 1956, § 42-4-4 ; P.L. 1996, ch. 107, § 1.

42-4-5. State bird.

The breed of fowl, commonly known as the “Rhode Island red,” is designated, and shall be known, as the official state bird.

History of Section. P.L. 1954, ch. 3402, § 1; G.L. 1956, § 42-4-5 .

42-4-6. Lifesaving medal.

The secretary of state is hereby authorized and directed to provide a suitable medal and certificate that would be awarded with official ceremony by the governor on the part of any firefighter, volunteer firefighter, police, or other citizen who saves human life in this state.

History of Section. P.L. 1950, ch. 2475, § 1; G.L. 1956, § 42-4-6 ; P.L. 2007, ch. 192, § 1; P.L. 2007, ch. 218, § 1.

42-4-7. Annual appropriation.

For the purpose of carrying § 42-4-6 into effect, the sum of five hundred dollars ($500) is hereby annually appropriated out of any money in the treasury not otherwise appropriated; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum, or so much thereof as may be required from time to time, upon receipt by him or her of properly authenticated vouchers.

History of Section. P.L. 1950, ch. 2475, § 2; G.L. 1956, § 42-4-7 .

42-4-8. State tree.

The tree commonly known as the “red maple” (acer rubrum) is hereby designated as the state tree.

History of Section. G.L. 1956, § 42-4-8 ; P.L. 1964, ch. 13, § 1.

42-4-9. State flower.

The flower commonly known as the “violet” (viola sororia) is hereby designated as the state flower.

History of Section. G.L. 1956, § 42-4-9 ; P.L. 1968, ch. 15, § 1; P.L. 2001, ch. 309, § 1.

42-4-10. State representation at presidential inauguration activities.

Whenever the governor designates a school to represent the state in connection with any presidential inauguration activities or at the inaugural parade in Washington, the state shall reimburse that school for expenses in an amount not to exceed five thousand dollars ($5,000).

History of Section. P.L. 1977, ch. 211, § 1.

42-4-11. State symbol of American folk art.

The Charles I.D. Looff carousel (also known as the Crescent Park carousel) is hereby designated as the state symbol of American folk art for the state.

History of Section. P.L. 1985, ch. 50, § 1.

42-4-12. State shell.

The shellfish, commonly known as the “quahaug” (mercenaria mercenaria), is hereby designated as the state shell for the state.

History of Section. P.L. 1987, ch. 321, § 1; P.L. 1987, ch. 450, § 1.

42-4-13. Official state fruit.

The variety of apple known as the Rhode Island greening is hereby designated as the official state fruit for the state.

History of Section. P.L. 1991, ch. 402, § 1.

42-4-14. State flagships.

The Class A Tall Ship, commonly known as the “SSV Oliver Hazard Perry,” is hereby designated as the official flagship and tall ship ambassador of the state.

History of Section. P.L. 1993, ch. 366, § 1; P.L. 2018, ch. 139, § 1; P.L. 2018, ch. 296, § 1.

42-4-15. State drink.

Coffee milk is hereby designated as the official state drink for the state.

History of Section. P.L. 1993, ch. 466, § 1.

42-4-16. State fish.

The fish commonly known as the “Striped Bass” (morone saxatilis) is designated as the official state fish.

History of Section. P.L. 2000, ch. 201, § 1.

42-4-17. State Tartan.

1. The St. Andrews Society of RI, Inc. is authorized to create, authenticate and register, at the sole expense of the society, the official tartan of the state, to be called “the state of Rhode Island tartan”.
2. For the purposes of this section, “tartan” means any of many textile patterns consisting of stripes of varying widths and colors crossed at right angles against a solid background, each forming a distinctive design worn by the members of a Scottish clan.

History of Section. P.L. 2000, ch. 496, § 1.

42-4-18. State sailing education vessel.

The Class A size Tall Ship, commonly known as the “SSV Oliver Hazard Perry,” is hereby designated as the official state sailing education vessel.

History of Section. P.L. 2012, ch. 62, § 1; P.L. 2012, ch. 97, § 1.

42-4-19. State appetizer.

Calamari is hereby designated as the official state appetizer for the state.

History of Section. P.L. 2014, ch. 180, § 2; P.L. 2014, ch. 181, § 2.

42-4-20. State insect.

The American burying beetle is hereby designated as the official state insect.

History of Section. P.L. 2015, ch. 175, § 1; P.L. 2015, ch. 186, § 1.

42-4-21. State marine mammal.

The harbor seal is hereby designated as the official state marine mammal.

History of Section. P.L. 2016, ch. 475, § 1; P.L. 2016, ch. 476, § 1.

42-4-22. State coral.

The coral commonly known as “Northern Star Coral” (Astrangia poculata) is designated as the official state coral.

History of Section. P.L. 2021, ch. 47, § 1, effective June 11, 2021; P.L. 2021, ch. 48, § 1, effective June 11, 2021.

42-4-23. State fossil.

The trilobite, a fossilized marine animal commonly found in Rhode Island, is hereby designated the state fossil.

History of Section. P.L. 2022, ch. 93, § 1, effective June 17, 2022; P.L. 2022, ch. 94, § 1, § 1, effective June 17, 2022.

42-4.1-1. Legislative findings and purpose.

1. The general assembly hereby finds that:
   1. Yachting and yacht racing are vital elements of the tourist and manufacturing economies of the state of Rhode Island. The competition for the America’s Cup that was staged in Rhode Island waters for almost fifty (50) years is an important part of the cultural heritage of the state.
   2. As a participant in five (5) America’s Cup regattas, and a two-time successful defender of the America’s Cup, the twelve-meter yacht COURAGEOUS best exemplifies the spirit of America’s Cup competition during the era when this competition was based in Newport.
   3. The yacht COURAGEOUS is now owned by the museum of yachting, a not-for-profit corporation organized and located at Fort Adams State Park in Newport.
   4. It is in the public interest that the yacht COURAGEOUS be maintained as a living example of the involvement of the city of Newport and the state of Rhode Island as the host and location of the America’s Cup competition, the longest-running sports competition in the world.
2. The purpose of this chapter is to provide the inspirational backing of the state of Rhode Island for the maintenance of the yacht COURAGEOUS, in the ownership of a public, nonprofit entity, as an exhibit and monument to the importance of the yachting industry to the heritage and commerce of the state of Rhode Island.

History of Section. P.L. 2000, ch. 215, § 1.

42-4.1-2. Designation of Rhode Island state yacht.

The twelve-meter (12 m.) yacht “COURAGEOUS” is designated the Rhode Island state yacht.

History of Section. P.L. 2000, ch. 215, § 1.

42-4.2-1. Definition of category one memorial item.

1. As used in this chapter, a category one memorial item shall include a structure, sculpture, inscription, or icon, or similar item, which meets the following criteria:
   1. Has attained a secular traditional, cultural, or community recognition and/or value;
   2. Is located on property that is owned by either the state, a city or town, or any instrumentality thereof;
   3. Was in existence prior to January 1, 2012; and
   4. Is designated as a category one memorial pursuant to § 42-4.2-2 .
2. A memorial may, but does not need to be, related to military affairs in order to be designated as a category one memorial.
3. The potential identification of an item or the item having recognizable identification with a known or established religion shall not exclude the item from being designated as a category one memorial item, so long as the provisions of subsection (a) are met.

History of Section. P.L. 2012, ch. 455, § 1; P.L. 2012, ch. 456, § 1.

42-4.2-2. Creation of commission.

1. There is hereby established a permanent commission, to be known as the category one memorial designation commission, to consist of five (5) members; two (2) of whom shall be appointed by the speaker from a list of nominations provided by the chairperson of the Rhode Island historical society, one of whom shall be an elected official; two (2) shall be appointed by the senate president from a list of nominations provided by the adjutant general of the Rhode Island national guard, one to be a member of the Rhode Island veterans of foreign wars, and one to be a member of the American legion; and one to be the spouse or a child of a deceased veteran, to be appointed by the speaker.
2. The members of the commission shall, in February of each odd-numbered year, elect from among themselves a chairperson. Vacancies in the commission shall be filled in like manner as the original appointment.
3. The purpose of the commission shall be to hear and make determinations on requests by members of the general public to designate items within the state as described in § 42-4.2-1 as category one memorial items. Upon deliberation, the commission may communicate their majority decision to designate an item as such in written form to the city or town clerk of the municipality wherein the item is located, for recording in the land records, and to the chief executive of the municipality.
4. Three (3) members of the commission shall constitute a quorum.
5. The commission shall meet upon receipt of a request to designate.
6. All departments and agencies of the state shall furnish advice and information, documentary and otherwise, to the commission and its agents as may be necessary or desirable to facilitate the purposes of this chapter.
7. The speaker is authorized and directed to provide suitable quarters for the commission.
8. The commission shall file a report with the general assembly.

History of Section. P.L. 2012, ch. 455, § 1; P.L. 2012, ch. 456, § 1.

42-5-1. Period of daylight saving time.

At two o’clock antemeridian (2:00 a.m.) of the second Sunday in March of each year, the standard time in this state shall be advanced one hour, and at two o’clock antemeridian (2:00 a.m.) of the first Sunday in November of each year the standard time in this state shall, by the retarding of one hour, be made to coincide with the mean astronomical time of the degree of longitude governing the zone wherein the state is situated, the standard official time of which is described as United States standard eastern time so that between the second Sunday in March at two o’clock antemeridian (2:00 a.m.) and the first Sunday in November at two o’clock antemeridian (2:00 a.m.) in each year the standard time of the state shall be one hour in advance of the United States standard eastern time.

History of Section. P.L. 1946, ch. 1778, § 1; P.L. 1954, ch. 3274, § 1; G.L. 1956, § 42-5-1 ; P.L. 1987, ch. 11, § 1; P.L. 2007, ch. 340, § 8.

42-5-2. Effect of time change.

In all laws, statutes, orders, decrees, rules, and regulations relating to the time of performance of any act by any officer or department of the state, or of any county, city, town or district thereof, or relating to the time in which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the state, and in all public schools and in all institutions of the state, or of any county, city, town or district thereof, and in all contracts or choses in action made or to be performed in the state, it shall be understood and intended that the time shall be United States standard eastern time as changed by § 42-5-1 .

History of Section. P.L. 1946, ch. 1778, § 1; P.L. 1954, ch. 3274, § 1; G.L. 1956, § 42-5-2 .

42-5.1-1. Policy.

1. Diverse ethnic and linguistic communities have contributed to the social and economic prosperity of Rhode Island.
2. It is the welcomed responsibility and opportunity of Rhode Island to respect and facilitate the efforts of all cultural, ethnic, and linguistic segments of the population to become full participants in Rhode Island communities.
3. This state’s economic well-being depends on foreign trade and international exchange and many jobs are directly linked to foreign trade and international exchange.
4. If Rhode Island is to prosper in foreign trade and international exchange, it must have citizens that are multilingual and multicultural.
5. While recognizing the value of a multilingual background, the state also encourages all citizens to become proficient in English to facilitate full participation of all groups in society and to promote cross-communication that currently exists in this state should be promoted to build trust and understanding among all of its citizens.
6. It shall be the policy of the state of Rhode Island to welcome and encourage the presence of diverse cultures and the use of diverse languages in business, government, and private affairs in this state.
7. The immigration of Hispanics, Portuguese, Southeast Asian and other non-English speaking peoples to Rhode Island continues; and English is already the predominant language of Rhode Island and needs no legislation to support it.
8. English is and will remain the primary language of the United States, and all members of our society recognize the importance of English to national life, individual accomplishment, and personal enrichment.
9. The ability to communicate in English and other languages has promoted and can further enhance American economic, political, and cultural vitality.
10. The state both affirms the right of every resident to nurture his or her native language and also encourages all citizens to become proficient in English to facilitate full participation in society and promote cross-cultural communication.
11. Native language instruction facilitates the development of English proficiency in limited English-proficient children and boosts the overall academic achievement of such children.
12. Proficiency in a second or multiple languages can be a major tool for economic growth for our state and help overcome this country’s disadvantage in the world economy as we move into the twenty-first century.

History of Section. P.L. 1992, ch. 26, § 1.

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 that are specified in this title:

1. Executive department (chapter 7 of this title);
2. Department of state (chapter 8 of this title);
3. Department of the attorney general (chapter 9 of this title);
4. Treasury department (chapter 10 of this title);
5. Department of administration (chapter 11 of this title);
6. Department of business regulation (chapter 14 of this title);
7. Department of children, youth and families (chapter 72 of this title);
8. Department of corrections (chapter 56 of this title);
9. [Deleted by P.L. 2019, ch. 88, art. 4, § 12];
10. Department of elementary and secondary education (chapter 60 of title 16);
11. Department of environmental management (chapter 17.1 of this title);
12. Department of health (chapter 18 of this title);
13. Board of governors for higher education (chapter 59 of title 16);
14. Department of labor and training (chapter 16.1 of this title);
15. Department of behavioral healthcare, developmental disabilities and hospitals (chapter 12.1 of this title);
16. Department of human services (chapter 12 of this title);
17. Department of transportation (chapter 13 of this title);
18. Public utilities commission (chapter 14.3 of this title);
19. Department of revenue (chapter 142 of this title);
20. Department of public safety (chapter 7.3 of this title).

History of Section. P.L. 1939, ch. 660, § 2; P.L. 1941, ch. 1070, § 2; impl. am. G.L. 1938, ch. 284, § 10; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 42-6-1 ; impl. am. P.L. 1964, ch. 233; impl. am. P.L. 1965, ch. 137; impl. am. P.L. 1968, ch. 197; impl. am. P.L. 1970, ch. 111, § 1; Reorg. Plan No. 1, 1970, P.L. 1972, ch. 163, § 12; P.L. 1974, ch. 100, § 3; P.L. 1977, ch. 182, § 15; P.L. 1977, ch. 235, § 3; P.L. 1980, ch. 335, § 1; P.L. 1981, ch. 32, § 7; P.L. 1985, ch. 181, art. 61, § 13; P.L. 1985, ch. 365, § 2; P.L. 1991, ch. 206, § 12; P.L. 1993, ch. 216, § 1; P.L. 1995, ch. 370, art. 12, § 5; P.L. 1995, ch. 370, art. 14, § 1; P.L. 1996, ch. 100, art. 29, § 8; P.L. 1996, ch. 226, § 5; P.L. 2006, ch. 246, art. 38, § 7; P.L. 2008, ch. 100, art. 9, § 9; P.L. 2019, ch. 88, art. 4, § 12.

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, 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.

History of Section. P.L. 1939, ch. 660, § 3; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; P.L. 1951, ch. 2752, § 22; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 42-6-2 ; P.L. 1961, ch. 99, § 1; impl. am. P.L. 1964, ch. 233; impl. am. P.L. 1965, ch. 137; impl. am. P.L. 1968, ch. 197; impl. am. P.L. 1970, ch. 111, § 1; Reorg. Plan No. 1, 1970; P.L. 1974, ch. 100, § 3; P.L. 1976, ch. 290, § 10; P.L. 1977, ch. 182, § 15; P.L. 1980, ch. 191, § 2; P.L. 1983, ch. 23, § 1; P.L. 1985, ch. 181, art. 61, § 13; P.L. 1985, ch. 365, § 2; P.L. 1991, ch. 206, § 12; P.L. 1993, ch. 216, § 1; P.L. 1993, ch. 422, § 9; P.L. 1994, ch. 14, § 9; P.L. 1995, ch. 370, art. 12, § 5; P.L. 1996, ch. 100, art. 29, § 8; P.L. 1996, ch. 226, § 5; P.L. 2006, ch. 246, art. 38, § 7; P.L. 2008, ch. 100, art. 9, § 9; P.L. 2019, ch. 88, art. 4, § 12.

42-6-3. Appointment of directors.

1. 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, 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.
2. Except as expressly provided in § 42-6-9 , and except that the governor may enter into a contract of employment for a director of the department of children, youth and families for a period of time up to three (3) years, 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.

History of Section. P.L. 1939, ch. 660, § 4; P.L. 1941, ch. 1070, § 2; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; P.L. 1951, ch. 2752, § 22; G.L. 1956, § 46-6-3 ; P.L. 1961, ch. 99, § 1; impl. am. P.L. 1964, ch. 233; impl. am. P.L. 1965, ch. 137; impl. am. P.L. 1968, ch. 197; impl. am. P.L. 1970, ch. 111, § 1; Reorg. Plan No. 1, 1970; P.L. 1974, ch. 100, § 3; P.L. 1976, ch. 290, § 10; P.L. 1977, ch. 182, § 15; P.L. 1978, ch. 7, § 1; P.L. 1980, ch. 191, § 2; P.L. 1983, ch. 23, § 1; P.L. 1985, ch. 181, art. 61, § 13; P.L. 1985, ch. 365, § 2; P.L. 1991, ch. 206, § 12; P.L. 1993, ch. 216, § 1; P.L. 1993, ch. 422, § 9; P.L. 1994, ch. 14, § 9; P.L. 1994, ch. 111, § 1; P.L. 1994, ch. 428, § 1; P.L. 1995, ch. 370, art. 12, § 5; P.L. 1996, ch. 100, art. 29, § 8; P.L. 1997, ch. 254, § 2; P.L. 2004, ch. 590, § 2; P.L. 2006, ch. 246, art. 38, § 7; P.L. 2008, ch. 100, art. 9, § 9; P.L. 2019, ch. 88, art. 4, § 12; P.L. 2021, ch. 162, art. 3, § 9, effective July 6, 2021.

42-6-4. Filling of vacancies.

1. In case of a vacancy in any of the offices listed in § 42-6-3 while the senate is in session, the governor shall appoint a director to hold the office until his or her successor is appointed and qualified; provided, however, that no person so appointed shall serve in such position for more than ten (10) days unless that person’s name shall have been submitted to the senate for its approval.
2. In case of a vacancy while the senate is not in session, the governor shall appoint a director to hold the office until the next session thereof; provided, however, that no person should serve in such position for more than three (3) legislative days after the senate convenes unless that person’s name shall have been submitted to the senate for its approval.
3. In no case shall the governor appoint or designate any person to serve as “interim” or “acting” director of any department in circumvention of this section.

History of Section. P.L. 1939, ch. 660, § 4; G.L. 1956, § 42-6-4 ; P.L. 1994, ch. 111, § 1; P.L. 1994, ch. 428, § 1.

42-6-5. Executive assignment of duties and functions.

Whenever the governor shall deem it to be desirable, he or she may designate and define within the limits of any department the agency or the official thereof which shall perform any specific or special function designated by law to be performed within a particular department, and any administrative function of government established by law that may not be specifically enumerated in this title shall be performed by such appropriate department as the governor may designate. Nothing herein shall authorize the governor to transfer any duties or administrative function of government designated by law to be performed within a particular department to any other department.

History of Section. P.L. 1939, ch. 660, § 5; P.L. 1945, ch. 1633, § 1; G.L. 1956, § 42-6-5 .

42-6-6. Performance of powers and duties.

All the powers and duties conferred by law upon and required to be performed by the several state departments, divisions, and other administrative agencies shall hereafter be exercised, performed, and administered by the general officers, the directors of the several departments and the boards, commissions, and agencies specified in this title.

History of Section. P.L. 1939, ch. 660, § 6; G.L. 1956, § 42-6-6 .

42-6-7. Functions of abolished agencies.

All powers, duties, and functions heretofore exercised by any division, bureau, or other agency abolished by chapter 660 of the Public Laws of 1939, or by the chief of any such division, bureau, or agency, shall be exercised by the head of the department or by the agency to which they are assigned in this title.

History of Section. P.L. 1939, ch. 660, § 7; G.L. 1956, § 42-6-7 .

42-6-8. Assignment of functions within departments.

The head of any state department, except as otherwise provided by law, may assign the functions vested in his or her department to those subordinate officers and employees as may to him or her seem desirable, including the power to appoint a delegate to serve in the director’s place and stead on any of the various boards or commissions to which a director may be appointed. The delegate shall have the same power and authority that would be afforded the director while serving on the board, including the power to vote, provided that the appointment shall be made in writing and shall be filed with the secretary of state. The director may with the approval of the governor establish within the department those subdivisions or other administrative or organization units which may to the head seem desirable in order to expedite the work of the department in the interests of economy and efficiency, and in accordance with good administrative principles and practices. No person other than the head of a department or of an independent agency may challenge the authority of his or her or its agent to do any act which the department head or independent agency is authorized by law to do.

History of Section. P.L. 1939, ch. 660, § 8; G.L. 1956, § 42-6-8 ; P.L. 1976, ch. 149, § 1.

42-6-9. Director of health.

There shall be a director of health who shall hold office for the term of five (5) years from the time of his or her appointment and until his or her successor is duly appointed and qualified. The director shall be eligible for reappointment, and shall not engage in any other occupation.

History of Section. G.L. 1956, § 42-6-9 ; P.L. 1961, ch. 99, § 2.

42-6-10. Qualifications of director of health.

The director of health shall be a physician graduated by an acceptable medical college recognized by one of the medical examining boards of the state and shall have had a minimum of one year of university graduate instruction in public health administration as evidenced by a certificate of graduation or a degree in public health, or board certification in a medical specialty and a minimum of five (5) years full time experience in health administration.

History of Section. G.L. 1956, § 42-6-10 ; P.L. 1961, ch. 99, § 2; P.L. 1983, ch. 21, § 1.

42-6-11. Appointment.

The governor shall appoint a director of health and in all cases of appointment of the director of health the governor shall 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 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 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 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.

History of Section. G.L. 1956, § 42-6-11 ; P.L. 1961, ch. 99, § 2; P.L. 1981, ch. 67, § 1; P.L. 1997, ch. 254, § 2; P.L. 1998, ch. 326, § 2; P.L. 2004, ch. 590, § 2.

42-6-12. Filling of vacancies.

Any vacancy in the office of director of health shall be filled in the same manner as provided in § 42-6-4 .

History of Section. G.L. 1956, § 42-6-12 ; P.L. 1961, ch. 99, § 2.

42-6-13. Assignment and performance of powers, duties and functions.

The provisions of §§ 42-6-5 — 42-6-8 , shall apply to the department of health and to the director of health.

History of Section. G.L. 1956, § 42-6-13 ; P.L. 1961, ch. 99, § 2.

42-6-14. Repealed.

42-6-15. Information technology projects.

For all requests for proposals which are issued for information technology projects, a corresponding information technology project manager shall be assigned.

History of Section. P.L. 2017, ch. 192, § 1; P.L. 2017, ch. 251, § 1.

42-6.1-1. Creation — Members.

There is hereby established within the executive branch of state government a commerce and workforce coordination cabinet comprised of officials from state agencies with responsibility and oversight relating to economic and workforce development. The cabinet shall include, but not be limited to, the following members, upon his or her appointment: the secretary of commerce, the director of the commerce corporation, the director of the department of transportation, the director of the department of administration, the director of the department of revenue, the director of the department of human services, the commissioner of higher education, the commissioner of elementary and secondary education, the director of the department of business regulation, the director of the department of environmental management, the director of the department of labor and training, the director of the department of corrections, the chair of the governor’s workforce board, or his or her designee, and the executive director of Rhode Island housing.

History of Section. P.L. 2013, ch. 489, § 1; P.L. 2013, ch. 492, § 1; P.L. 2014, ch. 500, § 6; P.L. 2014, ch. 551, § 6.

42-6.1-2. Appointment of chair — Meetings.

1. The cabinet shall be co-chaired by the director of the commerce corporation and the director of the department of labor and training until such time that the secretary of commerce is appointed.
2. Upon the appointment of a secretary of commerce, the secretary of commerce shall be chair.

History of Section. P.L. 2013, ch. 489, § 1; P.L. 2013, ch. 492, § 1.

42-6.1-3. Purpose of cabinet.

The governor’s commerce and workforce coordinating cabinet shall provide for the integration and coordination of the activities of the various agencies and departments that are involved in the development of the Rhode Island economy and its workforce and ensure the consistent implementation of the economic development policy and strategic plan developed in accordance with § 42-64.17-1 .

History of Section. P.L. 2013, ch. 489, § 1; P.L. 2013, ch. 492, § 1; P.L. 2014, ch. 528, § 56.

42-6.2-1. Climate change coordinating council — Creation — Members.

There is hereby established within the executive branch of state government a Rhode Island executive climate change coordinating council (the “council”) comprised of officials from state agencies with responsibility and oversight relating to assessing, integrating, and coordinating climate change efforts. The council shall include, but not be limited to, the following members: the director of the department of environmental management; the executive director of the coastal resources management council; the director of the department of administration; the director of the department of transportation; the director of the department of health; the director of the emergency management agency; the commissioner of the office of energy resources; the director of the division of planning; the executive director of the Rhode Island infrastructure bank; the administrator of the division of public utilities and carriers; the chief executive officer of the Rhode Island public transit authority; the secretary of the executive office of health and human services; and the secretary of the Rhode Island commerce corporation.

History of Section. P.L. 2014, ch. 343, § 1; P.L. 2014, ch. 392, § 1; P.L. 2021, ch. 1, § 2, effective April 10, 2021; P.L. 2021, ch. 2, § 2, effective April 10, 2021.

42-6.2-2. Purpose of the council.

1. The council shall have the following duties:
   1. Assess, integrate, and coordinate climate change efforts throughout state agencies to reduce emissions, strengthen the resilience of communities and infrastructure, and prepare for the effects on climate change, including, but not limited to, coordinating vulnerability assessments throughout state government;
   2. 1. No later than December 31, 2025, and every five (5) years thereafter, submit to the governor and general assembly an updated plan, following an opportunity for public comment, that includes strategies, programs, and actions to meet economy-wide enforceable targets for greenhouse gas emissions reductions as follows:
         1. Ten percent (10%) below 1990 levels by 2020;
         2. Forty-five percent (45%) below 1990 levels by 2030;
         3. Eighty percent (80%) below 1990 levels by 2040;
         4. Net-zero emissions by 2050. No action shall be brought pursuant to: subsection (a)(2)(i)(B) of this section before 2031, pursuant to subsection (a)(2)(i)(C) of this section before 2041, and pursuant to subsection (a)(2)(i)(D) of this section before 2051.
      2. The plan shall also include procedures and public metrics for periodic measurement, not less frequently than once every five (5) years, of progress necessary to meet these targets and for evaluating the possibility of meeting higher targets through cost-effective measures.
      3. The plan shall address in writing the annual input that is provided to the council by its advisory board, as set forth in § 42-6.2-4 , and its science and technical advisory board, as set forth in § 42-6.2-5 , in their reports to the council.
      4. If a plan directs an agency to promulgate regulations, then the agency must do so by either issuing an advance notice of proposed rulemaking, as set forth in § 42-35-2.5 , no later than six (6) months after the plan is released or by issuing a notice of proposed rulemaking, as set forth in § 42-35-2.7 , no later than one year after the plan is released, unless the plan specifies another timeframe for an advance notice of rulemaking or a notice of rulemaking.
      5. The plan shall include an equitable transition to climate compliance for environmental justice populations, redress past environmental and public health inequities, and include a process where the interests of and people from populations most vulnerable to the effects of climate change and at risk of pollution, displacement, energy burden, and cost influence such plan.
      6. The plan shall identify support for workers during this equitable transition to address inequity in the state by creating quality and family-sustaining clean energy jobs that pay wages and benefits consistent with or that exceed area wage and labor standards. The plan shall provide for the development of programs that directly recruit, train, and retain those underrepresented in the workforce, including women, people of color, indigenous people, veterans, formerly incarcerated people, and people living with disabilities.
      7. The requirements under this subsection shall be subject to the enforcement provisions of § 42-6.2-10 effective in 2026.
      8. No later than December 31, 2022, the council shall submit to the governor and the general assembly an update to the greenhouse gas emission’s reduction plan dated “December 2016” which shall not be subject to the requirements of subsections (a)(2)(ii) through (a)(2)(vi) of this section. No action shall be brought pursuant to subsection (a)(2)(viii) of this section before 2023;
   3. Advance the state’s understanding of the effects on climate change including, but not limited to: sea level rise; coastal and shoreline changes; severe weather events; critical infrastructure vulnerability; food security; and ecosystem, economic, and health impacts, including the effects of carbon pollution on children’s health;
   4. Identify strategies to prepare for these effects and communicate them to Rhode Islanders, including strategies that incentivize businesses, institutions, and industry to adapt to climate change;
   5. Work with municipalities to support the development of sustainable and resilient communities;
   6. Identify and leverage federal, state, and private funding opportunities for emission reduction and climate change preparedness and adaption work in Rhode Island;
   7. Advise the governor, the general assembly, and the public on ways to ensure that Rhode Island continues to be a national leader in developing and implementing strategies that effectively address the challenges on climate change;
   8. Work with other New England states to explore areas of mutual interest to achieve common goals; and
   9. Identify and facilitate opportunities to educate the public about climate change and efforts throughout state agencies and municipalities to address climate change.
2. The council is encouraged to utilize the expertise of Rhode Island universities and colleges in carrying out the duties described in subsection (a) of this section, specifically to ensure that the state’s efforts to mitigate and adapt to climate change are based on the best available scientific and technical information, and to optimize the contribution by the universities and colleges of their expertise and experience in research, analysis, modeling, mapping, applications to on-the-ground situations, technical assistance, community outreach, and public education.

History of Section. P.L. 2014, ch. 343, § 1; P.L. 2014, ch. 392, § 1; P.L. 2017, ch. 205, § 1; P.L. 2017, ch. 255, § 1; P.L. 2021, ch. 1, § 2, effective April 10, 2021; P.L. 2021, ch. 2, § 2, effective April 10, 2021.

42-6.2-3. Support for the council.

To support the council’s work, state agencies shall:

1. Assist the council in implementing the provisions of this chapter;
2. Develop short- and long-term greenhouse gas emission reduction strategies and track the progress of these strategies;
3. Lead by example and, to the maximum extent feasible, purchase alternative fuel, hybrid, and electric vehicles that produce lower total emissions of greenhouse gases and develop programs to encourage state employees to reduce their vehicle miles and use sustainable transportation alternatives, including public transit systems;
4. Implement programs to achieve energy savings in state and municipal buildings to reduce greenhouse gases, reduce expenditures on energy, and stimulate economic and job development;
5. Increase the deployment of in-state generation of renewable energy and energy efficiency;
6. Support efforts to expand Rhode Island’s green economy and develop green infrastructure;
7. Assess the vulnerability of infrastructure and natural systems, including, but not limited to, roads, bridges, dams, and wastewater and drinking water treatment facilities, and riverine and coastal habitats, to impacts on climate change and implement strategies to relocate or protect and adapt these assets;
8. Work with relevant academic institutions and federal agencies to assess the threats of sea level rise, erosion, and storm surge, and communicate these assessments and threats, along with potential tools to address them, to state agencies and affected communities;
9. Develop plans, policies, and solutions based on the latest science to ensure the state continues to have a vibrant coastal economy, including protection of critical infrastructure, and a vibrant and resilient food system that can provide affordable access to healthy food for all Rhode Islanders;
10. Address recommendations to reduce health impacts associated with climate change and protect the populations most vulnerable to the effects of climate change and at risk of pollution, displacement, energy burden, and cost;
11. Encourage municipalities to incorporate climate change adaptation into local hazard mitigation plans and, when feasible, into hazard mitigation projects;
12. Take affirmative steps to eliminate and avoid duplication of effort through consistent coordination between agencies and programs, and pooling of resources, so as to make the most cost-efficient use of the state resources and provide the most effective services; and
13. Foster public transparency by developing public metrics and an online public dashboard that shall track both emissions reductions and sources of energy consumed by the state. The metrics and the dashboard shall be updated at least annually.

History of Section. P.L. 2014, ch. 343, § 1; P.L. 2014, ch. 392, § 1; P.L. 2021, ch. 1, § 2, effective April 10, 2021; P.L. 2021, ch. 2, § 2, effective April 10, 2021.

42-6.2-4. Advisory board established — Members.

1. The Rhode Island executive climate change coordinating council advisory board is hereby established. The advisory board shall have thirteen (13) members. Five (5) members shall be appointed by the governor, four (4) of whom shall be representatives of city or town government, at least one of whom shall be from a city with a population of over fifty thousand (50,000); and one of whom shall be of a town with a population of less than fifty thousand (50,000), and one of whom shall be from an organization representing or serving low-income and/or minority communities.

   Four (4) members shall be appointed by the president of the senate, who shall give due consideration to appointing persons with expertise in economic policy and/or workforce development; protection of natural and cultural resources management; energy planning and development; and engineering and design. Four (4) members shall be appointed by the speaker of the house, who shall give due consideration to appointing persons with expertise in education; public health and safety; housing; or from organizations representing or serving youth or the elderly.

2. The members of the advisory board shall be appointed for terms of three (3) years; provided, however, that, with regard to the initial appointments, four (4) members shall be appointed for terms of one year; four (4) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Members may be reappointed, and their appointments shall continue until their successors are appointed. The term of a member representing a city or town shall end when the member no longer holds an elected or appointed position in the city or town he or she was representing. A vacancy other than by expiration shall be filled in the manner of the original appointment, but only for the unexpired portion of the term.
3. The members of the advisory board shall receive no compensation.
4. The governor shall appoint a chairperson; a vice-chairperson and secretary shall be elected annually by the advisory board members. All officers of the advisory board shall serve until their successors have been duly appointed or elected.
5. The advisory board shall meet at least quarterly or at the call of the chairperson of the council. The chairperson of the council, or his or her designee, shall be present for all advisory board meetings.
6. The advisory board shall have the following purposes and duties:
   1. Advise the council on all matters pertaining to the duties and powers of the council, including evaluating and making recommendations regarding plans, programs, and strategies relating to climate change mitigation and adaptation;
   2. Assist the council in improving public access to, and understanding of, the best available scientific, technical, and other information about climate change, mitigation, adaptation, etc., so as to build public support for, and participation in, initiatives to make communities more resilient;
   3. Serve as a conduit for communicating information from the council to communities and constituencies, as well as vice versa, for input from the community level to the council;
   4. Assist the council in meeting its own transparency and accountability obligations;
   5. Report to the council at each regular council meeting; and
   6. Prepare an annual report, to be included in the annual report of the council, that specifically addresses the state of public awareness and engagement; the effectiveness of mitigation, adaptation and public information programs from the community perspective; the ability of the council to attain its goals and objectives, including effective interagency coordination and public-private partnerships; and actions that would further the purposes of the council and this legislation.

History of Section. P.L. 2014, ch. 343, § 1; P.L. 2014, ch. 392, § 1.

42-6.2-5. Science and technical advisory board established — Members.

1. The Rhode Island executive climate change council science and technical advisory board is hereby established. The science and technical advisory board shall have nine (9) members, appointed by the governor with the advice and consent of the senate. Four (4) members shall be from institutions of higher education in the state; two (2) shall be from research laboratories located in the state; and three (3) shall be from state agencies with expertise in, and responsibility for, addressing issues pertaining to climate change.
2. The members of the science and technical advisory board shall be appointed for terms of three (3) years; provided, however, that, with regard to the initial appointments, three (3) members shall be appointed for terms of one year; three (3) members shall be appointed for a term of two (2) years; and three (3) members shall be appointed for a term of three (3) years. Members may serve not more than three (3) successive terms and their appointments shall continue until their successors are appointed. A vacancy other than by expiration shall be filled in the manner of the original appointment, but only for the unexpired portion of the term.
3. Members of the advisory board shall receive no compensation.
4. The governor shall appoint a chairperson; a vice-chairperson and secretary shall be elected annually by the advisory board members. All officers of the advisory board shall serve until their successors have been duly appointed or elected.
5. The advisory board shall meet at least quarterly or at the call of the chairperson of the council.
6. The advisory board shall have the following purposes and duties:
   1. Keep the executive climate change council abreast of important developments in scientific and technical information relating to climate change and resiliency;
   2. Explore and advise the council regarding opportunities to provide timely support for key policy and management decisions by aligning academic research around issues of climate change and resiliency;
   3. Inventory the scientific and technical work being done by public-and private-sector entities, and evaluate options to coordinate or integrate/consolidate such work in order to achieve greater efficiency, save resources, and provide better services;
   4. Make recommendations and provide policy advice to the council regarding research needs and priorities, resource allocation, and funding opportunities;
   5. Assist the council in communicating scientific and technical information to key user groups and the general public; and
   6. Prepare an annual report, to be included in the annual report of the council, evaluating to what extent the state’s policies and programs aimed at mitigating and adapting to climate change are supported by the best available science and technical information.

History of Section. P.L. 2014, ch. 343, § 1; P.L. 2014, ch. 392, § 1.

42-6.2-6. Open government requirements.

The council and advisory board shall be subject to the provisions of chapter 46 of title 42 (the open meetings act) and chapter 2 of title 38 (the access to public records act). Any rules and regulations, or any amendments to rules and regulations, to carry out the requirements of this chapter shall be adopted in accordance with the provisions of chapter 35 of title 42 (the administrative procedures act).

History of Section. P.L. 2014, ch. 343, § 1; P.L. 2014, ch. 392, § 1.

42-6.2-7. Reporting.

No later than May 1, 2015, and annually thereafter, the council shall issue a report of its findings, recommendations, and progress on achieving the purposes and requirements of this chapter.

History of Section. P.L. 2014, ch. 343, § 1; P.L. 2014, ch. 392, § 1; P.L. 2021, ch. 1, § 2, effective April 10, 2021; P.L. 2021, ch. 2, § 2, effective April 10, 2021.

42-6.2-8. Powers and duties of state agencies — Exercise of existing authority.

Addressing the impacts on climate change shall be deemed to be within the powers, duties, and obligations of all state departments, agencies, commissions, councils, and instrumentalities, including quasi-public agencies, and each shall exercise among its purposes in the exercise of its existing authority, the purposes set forth in this chapter pertaining to climate change mitigation, adaptation, and resilience in so far as climate change affects its mission, duties, responsibilities, projects, or programs. Each agency shall have the authority to promulgate rules and regulations necessary to meet the greenhouse gas emission reduction mandate established by § 42-6.2-9 .

History of Section. P.L. 2014, ch. 343, § 1; P.L. 2014, ch. 392, § 1; P.L. 2021, ch. 1, § 2, effective April 10, 2021; P.L. 2021, ch. 2, § 2, effective April 10, 2021.

42-6.2-9. Statewide greenhouse gas emission reduction mandate.

Mandatory targets for emissions reduction:

It is hereby established that the state shall reduce its statewide greenhouse gas emissions to the targets set forth in § 42-6.2-2(a)(2)(i) , as those targets may from time to time be revised, and that achieving those targets shall be mandatory under the provisions of this chapter. The targets at the time of the enactment of this act [April 10, 2021] are that greenhouse gas emissions shall be ten percent (10%) below 1990 levels by 2020, shall be forty-five percent (45%) below 1990 levels by 2030; eighty percent (80%) below 1990 levels by 2040, and shall be net-zero emissions by 2050.

History of Section. P.L. 2021, ch. 1, § 3, effective April 10, 2021; P.L. 2021, ch. 2, § 3, effective April 10, 2021.

42-6.2-10. Enforcement.

1. The provisions of this chapter may be enforced by means of an action in the superior court seeking either injunctive relief, a declaratory judgment, a writ of mandamus, or any combination thereof, for:
   1. Climate plans required by § 42-6.2-2(a)(2) ; or
   2. The greenhouse gas emissions reduction mandate required by § 42-6.2-9 .
2. No such action may be commenced without the plaintiff providing written notice of the violations of this chapter to defendants at least sixty (60) days prior to filing a legal action in superior court. Where the defendant is a government entity, no costs or fees shall be awarded if a court determines that substantive action was taken during the sixty-day (60) period. No such action shall be brought before 2026.
3. Unless otherwise authorized in this chapter, no such action shall be brought prior to 2026.
4. Venue for such actions shall be proper in the superior court.
5. The Rhode Island attorney general, any Rhode Island resident, and any Rhode Island corporation, company, organization, nonprofit, or other Rhode Island legal entity or organization registered with the Rhode Island secretary of state may bring a civil action to enforce this chapter.
6. The court may award costs of litigation (including reasonable attorney and expert witness fees) to any substantially prevailing party. Provided, however, nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law.

History of Section. P.L. 2021, ch. 1, § 3, effective April 10, 2021; P.L. 2021, ch. 2, § 3, effective April 10, 2021.

42-6.2-11. Liberal construction.

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed so as to effectuate its purposes.

History of Section. P.L. 2021, ch. 1, § 3, effective April 10, 2021; P.L. 2021, ch. 2, § 3, effective April 10, 2021.

42-6.2-12. Severability.

If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which that judgment shall have been rendered.

History of Section. P.L. 2021, ch. 1, § 3, effective April 10, 2021; P.L. 2021, ch. 2, § 3, effective April 10, 2021.

42-7-1. Establishment — Powers of governor.

There shall be an executive department. The head of the executive department shall be the governor. The governor shall have all powers and duties provided by R.I. Const., Art. IX , and by chapter 1 of title 43, and as further prescribed in all general laws and public laws relating to powers and duties of the governor.

History of Section. P.L. 1939, ch. 660, § 10; G.L. 1956, § 42-7-1 ; P.L. 1988, ch. 84, § 80.

42-7-2. Secretary and employees.

There shall be in the executive department an executive secretary and a chief clerk. The governor may appoint such clerical assistants and other employees as he or she may deem necessary.

History of Section. P.L. 1939, ch. 660, § 11; G.L. 1956, § 42-7-2 .

42-7-3. Duties of chief clerk.

It shall be the duty of the chief clerk to file and keep a record of all official communications, books and documents of a public nature transmitted to the executive department and transfer those communications, books and documents to his or her successor in office in accordance with the provisions of §§ 38-1-1 and 38-1-2 .

History of Section. G.L. 1923, ch. 20, § 8; P.L. 1926, ch. 773, § 1; G.L. 1938, ch. 6, § 8; G.L. 1956, § 42-7-3 .

42-7-4. Flag and pennant of governor.

The flag and pennant of the governor shall be white, bearing on each side the following: A gold anchor on a shield with a blue field and gold border; above the shield, a gold scroll bearing the words in blue letters “State of Rhode Island”; below the shield, a gold scroll bearing in blue letters the word “Hope”; the shield and scrolls to be surrounded by four (4) blue stars; both the flag and pennant to be edged with yellow fringe.

History of Section. G.L. 1923, ch. 5, § 4; P.L. 1931, ch. 1699, § 1; G.L. 1938, ch. 19, § 4; G.L. 1956, § 42-7-4 .

42-7-5. Transfer of functions from the department of community affairs to the governor’s office of energy assistance.

1. There is hereby transferred to the governor’s office of energy assistance, or its successor, those functions formerly administered by the department of community affairs relating to:
   1. Home energy assistance program; and
   2. Weatherization program.
2. In addition to any of its other powers and responsibilities, the department is authorized and empowered to accept any grants made available by the United States government or any agency thereof, and the department, with the approval of the governor, is authorized and empowered to perform those acts and enter into all necessary contracts and agreements with the United States of America or any agency thereof which may be necessary in the manner and degree which shall be deemed to be in the best interests of the state. The proceeds of any grants so received shall be paid to the general treasurer of the state and deposited by him or her in a separate fund and shall be utilized for the purposes of that grant or those grants.

History of Section. P.L. 1985, ch. 181, art. 61, § 5.

42-7-6. Transfer of functions from the department of community affairs to the governor’s office of intergovernmental relations.

1. There is hereby transferred to the governor’s office of intergovernmental relations, or its successor, those functions formerly administered by the department of community affairs relating to:
   1. Administration support to federal grants;
   2. Community development block grants; and
   3. Federal housing assistance programs.
2. In addition to any of its other powers and responsibilities, the department is authorized and empowered to accept any grants made available by the United States government or any agency thereof, and the department, with the approval of the governor, is authorized and empowered to perform those acts and enter into all necessary contracts and agreements with the United States of America or any agency thereof which may be necessary in the manner and degree which shall be deemed to be in the best interest of the state. The proceeds of any grants so received shall be paid to the general treasurer of the state and deposited by him or her in a separate fund and shall be utilized for the purposes of those grants.

History of Section. P.L. 1985, ch. 181, art. 61, § 5.

42-7-6.1. Drug program established — Use of the fund.

There is hereby established the drug program account which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. The fund shall consist of such sums collected as a result of the taxpayer check-off as provided for in § 44-30-2.4 . The governor is authorized to accept any grant, devise, bequest, donation, gift, or assignment of money, bonds, or other valuable securities for deposit as general revenues.

History of Section. P.L. 1990, ch. 322, § 1; P.L. 1992, ch. 418, § 9; P.L. 1993, ch. 216, § 2; P.L. 1995, ch. 370, art. 40, § 127.

42-7-7. Transfer of functions from the E-911 uniform emergency telephone system authority to the executive department of public safety.

1. There is hereby transferred to the department of public safety all of the powers, authority and duties necessary to operate the E-911 uniform emergency telephone system contained in chapter 21 of title 39.
2. The corporate existence of the E-911 uniform emergency telephone system authority is hereby terminated and all its rights and properties are hereby vested in the E-911 uniform emergency telephone system division in the department of public safety of the state of Rhode Island.
3. In addition to any of its other powers and responsibilities, the department of public safety is authorized and empowered to accept any grants made available by the United States government or any agency thereof, and the division, with the approval of the governor, is authorized and empowered to perform such acts and enter into all necessary contracts and agreements with the United States of America or any agency thereof as may be necessary in such manner and degree as shall be deemed to be in the best interest of the state. The proceeds of grants so received shall be paid to the general treasurer of the state and by him or her deposited in a separate fund and shall be utilized for the purposes of the grants.
4. E-911 uniform emergency telephone system benefits are extremely valuable and this service would be an enhancement to the quality of life throughout our state.

History of Section. P.L. 1989, ch. 126, art. 36, § 2; P.L. 2008, ch. 100, art. 9, § 10.

42-7-8. American Recovery and Reinvestment Act administration expenses.

1. There is hereby created restricted receipt accounts, within the office of the governor, for the office of economic recovery and reinvestment, and within the department of administration for the office of internal audit and the division of purchasing, to be known as ARRA administrative expense accounts. Payments from the accounts shall be limited to expenses for administrative oversight of American Recovery and Reinvestment Act (ARRA) funds. The governor’s office of economic recovery and reinvestment is authorized by OMB memorandum 09-18 to receive up to one-half percent (0.5%) of stimulus funding to cover oversight expenses.
2. All amounts deposited in the ARRA administration accounts shall be exempt from the indirect cost recovery provisions of § 35-4-27 .
3. It is hereby provided, at the end of the American Recovery and Reinvestment Act oversight period, balances from the ARRA administrative accounts shall revert to general revenues.

History of Section. P.L. 2010, ch. 23, art. 8, § 6.

Applicability.

P.L. 2010, ch. 23, art. 8, § 10, provides that this section takes effect upon passage [June 12, 2010] and shall apply retroactively to July 1, 2009.

42-7-9. Cybersecurity incident response group.

1. The governor shall establish a cybersecurity incident response group, which shall include the superintendent of the Rhode Island state police, or designee; the adjutant general of the Rhode Island national guard, or designee; the director of the Rhode Island division of information technology, or designee; the director of the Rhode Island emergency management agency, or designee; the executive director of the Rhode Island League of Cities and Towns, or designee; and the secretary of state, or designee.
2. The cybersecurity incident response group shall:
   1. Establish communication protocols in the event of a breach of cybersecurity in any agency or public body. The protocols shall include, but not be limited to:
      1. A list of potential cybersecurity breaches that would require reporting;
      2. State and local entities covered within the communication plan;
      3. Mechanisms to communicate a cybersecurity breach in a timely manner to members of the public and other relevant parties who may be affected by the breach; and
      4. Primary contact at each agency or public body.
3. The cybersecurity incident response group shall also establish long-term policy planning and goals for the state and municipalities regarding evolving cybersecurity threats and how to address them in a coordinated manner.
4. The cybersecurity incident response group shall be subject to chapter 46 of this title (open meetings ) and chapter 2 of title 38 (access to public records ).

History of Section. P.L. 2022, ch. 59, § 3, effective June 15, 2022; P.L. 2022, ch. 60, § 3, effective June 15, 2022.

42-7.1-1 — 42-7.1-6. Repealed.

42-7.2-1. Statement of intent.

The purpose of this Chapter is to develop a consumer-centered system of publicly-financed state administered health and human services that supports access to high quality services, protects the safety of the state’s most vulnerable citizens, and ensures the efficient use of all available resources by the four (4) departments responsible for the health and human services programs serving all Rhode Islanders and providing direct assistance and support services to more than 250,000 individuals and families: the department of children, youth and families; the department of health; the department of human services; and the department of behavioral healthcare, developmental disabilities and hospitals, collectively referred to within as “departments.” It is recognized that the executive office of health and human services and the departments have undertaken a variety of initiatives to further this goal and that they share a commitment to continue to work in concert to preserve and promote each other’s unique missions while striving to attain better outcomes for all the people and communities they serve. However, recent and expected changes in federal and state policies and funding priorities that affect the financing, organization, and delivery of health and human services programs pose new challenges and opportunities that have created an even greater need for structured and formal interdepartmental cooperation and collaboration. To meet this need while continuing to build on the achievements that have already been made, the interests of all Rhode Islanders will best be served by codifying in the state’s general laws the purposes and responsibilities of the executive office of health and human services and the position of secretary of health and human services.

History of Section. P.L. 2006, ch. 246, art. 38, § 19; P.L. 2012, ch. 241, art. 18, § 1.

42-7.2-2. Executive office of health and human services.

There is hereby established within the executive branch of state government an executive office of health and human services to serve as the principal agency of the executive branch of state government for managing the departments of children, youth and families, health, human services, and behavioral healthcare, developmental disabilities and hospitals. In this capacity, the office shall:

1. Lead the state’s four (4) health and human services departments in order to:
   1. Improve the economy, efficiency, coordination, and quality of health and human services policy and planning, budgeting, and financing.
   2. Design strategies and implement best practices that foster service access, consumer safety, and positive outcomes.
   3. Maximize and leverage funds from all available public and private sources, including federal financial participation, grants, and awards.
   4. Increase public confidence by conducting independent reviews of health and human services issues in order to promote accountability and coordination across departments.
   5. Ensure that state health and human services policies and programs are responsive to changing consumer needs and to the network of community providers that deliver assistive services and supports on their behalf.
   6. Administer Rhode Island Medicaid in the capacity of the single state agency authorized under title XIX of the U.S. Social Security Act, 42 U.S.C. § 1396a et seq., and exercise such single state agency authority for such other federal and state programs as may be designated by the governor. Except as provided for herein, nothing in this chapter shall be construed as transferring to the secretary the powers, duties, or functions conferred upon the departments by Rhode Island general laws for the management and operations of programs or services approved for federal financial participation under the authority of the Medicaid state agency.
   7. To act in conjunction with the department of behavioral healthcare, developmental disabilities and hospitals as the state’s co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the purposes of the calculation of expenditures relative to the substance-abuse block grant and federal funding maintenance of effort.

History of Section. P.L. 2006, ch. 246, art. 38, § 19; P.L. 2007, ch. 73, art. 3, § 1; P.L. 2009, ch. 68, art. 5, § 1; P.L. 2012, ch. 241, art. 18, § 1; P.L. 2015, ch. 141, art. 5, § 20; P.L. 2016, ch. 142, art. 4, § 22; P.L. 2017, ch. 302, art. 9, § 8.

42-7.2-3. Secretary of health and human services — Appointment.

The executive office of health and human services shall be administered by a secretary of health and human services, hereafter referred to as “secretary”. The position of secretary is hereby created in the unclassified service. The secretary shall be appointed by the governor, and shall be subject to advice and consent of the senate. The secretary shall hold office at the pleasure of the governor and until a successor is appointed and qualified. Before entering upon the discharge of duties, the secretary shall take an oath to faithfully execute the duties of the office.

History of Section. P.L. 2006, ch. 246, art. 38, § 19.

42-7.2-4. Responsibilities of the secretary.

1. The secretary shall be responsible to the governor for supervising the executive office of health and human services and for managing and providing strategic leadership and direction to the four (4) departments.
2. Notwithstanding the provisions set forth in this chapter, the governor shall appoint the directors of the departments within the executive office of health and human services. Directors appointed to those departments shall continue to be subject to the advice and consent of the senate and shall continue to hold office as set forth in §§ 42-6-1 et seq. and 42-72-1(c) .

History of Section. P.L. 2006, ch. 246, art. 38, § 19; P.L. 2007, ch. 73, art. 3, § 1; P.L. 2012, ch. 241, art. 18, § 1.

42-7.2-5. Duties of the secretary.

The secretary shall be subject to the direction and supervision of the governor for the oversight, coordination, and cohesive direction of state-administered health and human services and in ensuring the laws are faithfully executed, notwithstanding any law to the contrary. In this capacity, the secretary of the executive office of health and human services (EOHHS) shall be authorized to:

1. Coordinate the administration and financing of healthcare benefits, human services, and programs including those authorized by the state’s Medicaid section 1115 demonstration waiver and, as applicable, the Medicaid state plan under Title XIX of the U.S. Social Security Act. However, nothing in this section shall be construed as transferring to the secretary the powers, duties, or functions conferred upon the departments by Rhode Island public and general laws for the administration of federal/state programs financed in whole or in part with Medicaid funds or the administrative responsibility for the preparation and submission of any state plans, state plan amendments, or authorized federal waiver applications, once approved by the secretary.
2. Serve as the governor’s chief advisor and liaison to federal policymakers on Medicaid reform issues as well as the principal point of contact in the state on any such related matters.
3. 1. Review and ensure the coordination of the state’s Medicaid section 1115 demonstration waiver requests and renewals as well as any initiatives and proposals requiring amendments to the Medicaid state plan or formal amendment changes, as described in the special terms and conditions of the state’s Medicaid section 1115 demonstration waiver with the potential to affect the scope, amount or duration of publicly funded healthcare services, provider payments or reimbursements, or access to or the availability of benefits and services as provided by Rhode Island general and public laws. The secretary shall consider whether any such changes are legally and fiscally sound and consistent with the state’s policy and budget priorities. The secretary shall also assess whether a proposed change is capable of obtaining the necessary approvals from federal officials and achieving the expected positive consumer outcomes. Department directors shall, within the timelines specified, provide any information and resources the secretary deems necessary in order to perform the reviews authorized in this section.
   2. Direct the development and implementation of any Medicaid policies, procedures, or systems that may be required to assure successful operation of the state’s health and human services integrated eligibility system and coordination with HealthSource RI, the state’s health insurance marketplace.
   3. Beginning in 2015, conduct on a biennial basis a comprehensive review of the Medicaid eligibility criteria for one or more of the populations covered under the state plan or a waiver to ensure consistency with federal and state laws and policies, coordinate and align systems, and identify areas for improving quality assurance, fair and equitable access to services, and opportunities for additional financial participation.
   4. Implement service organization and delivery reforms that facilitate service integration, increase value, and improve quality and health outcomes.
4. Beginning in 2020, prepare and submit to the governor, the chairpersons of the house and senate finance committees, the caseload estimating conference, and to the joint legislative committee for health-care oversight, by no later than September 15 of each year, a comprehensive overview of all Medicaid expenditures outcomes, administrative costs, and utilization rates. The overview shall include, but not be limited to, the following information:
   1. Expenditures under Titles XIX and XXI of the Social Security Act, as amended;
   2. Expenditures, outcomes and utilization rates by population and sub-population served (e.g., families with children, persons with disabilities, children in foster care, children receiving adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders);
   3. Expenditures, outcomes and utilization rates by each state department or other municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the Social Security Act, as amended;
   4. Expenditures, outcomes and utilization rates by type of service and/or service provider; and
   5. Expenditures by mandatory population receiving mandatory services and, reported separately, optional services, as well as optional populations receiving mandatory services and, reported separately, optional services for each state agency receiving Title XIX and XXI funds.

      The directors of the departments, as well as local governments and school departments, shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever resources, information and support shall be necessary.

5. Resolve administrative, jurisdictional, operational, program, or policy conflicts among departments and their executive staffs and make necessary recommendations to the governor.
6. Ensure continued progress toward improving the quality, the economy, the accountability and the efficiency of state-administered health and human services. In this capacity, the secretary shall:
   1. Direct implementation of reforms in the human resources practices of the executive office and the departments that streamline and upgrade services, achieve greater economies of scale and establish the coordinated system of the staff education, cross-training, and career development services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human services workforce;
   2. Encourage EOHHS-wide consumer-centered approaches to service design and delivery that expand their capacity to respond efficiently and responsibly to the diverse and changing needs of the people and communities they serve;
   3. Develop all opportunities to maximize resources by leveraging the state’s purchasing power, centralizing fiscal service functions related to budget, finance, and procurement, centralizing communication, policy analysis and planning, and information systems and data management, pursuing alternative funding sources through grants, awards and partnerships and securing all available federal financial participation for programs and services provided EOHHS-wide;
   4. Improve the coordination and efficiency of health and human services legal functions by centralizing adjudicative and legal services and overseeing their timely and judicious administration;
   5. Facilitate the rebalancing of the long term system by creating an assessment and coordination organization or unit for the expressed purpose of developing and implementing procedures EOHHS-wide that ensure that the appropriate publicly funded health services are provided at the right time and in the most appropriate and least restrictive setting;
   6. Strengthen health and human services program integrity, quality control and collections, and recovery activities by consolidating functions within the office in a single unit that ensures all affected parties pay their fair share of the cost of services and are aware of alternative financing;
   7. Assure protective services are available to vulnerable elders and adults with developmental and other disabilities by reorganizing existing services, establishing new services where gaps exist and centralizing administrative responsibility for oversight of all related initiatives and programs.
7. Prepare and integrate comprehensive budgets for the health and human services departments and any other functions and duties assigned to the office. The budgets shall be submitted to the state budget office by the secretary, for consideration by the governor, on behalf of the state’s health and human services agencies in accordance with the provisions set forth in § 35-3-4 .
8. Utilize objective data to evaluate health and human services policy goals, resource use and outcome evaluation and to perform short and long-term policy planning and development.
9. Establishment of an integrated approach to interdepartmental information and data management that complements and furthers the goals of the unified health infrastructure project initiative and that will facilitate the transition to a consumer-centered integrated system of state administered health and human services.
10. At the direction of the governor or the general assembly, conduct independent reviews of state-administered health and human services programs, policies and related agency actions and activities and assist the department directors in identifying strategies to address any issues or areas of concern that may emerge thereof. The department directors shall provide any information and assistance deemed necessary by the secretary when undertaking such independent reviews.
11. Provide regular and timely reports to the governor and make recommendations with respect to the state’s health and human services agenda.
12. Employ such personnel and contract for such consulting services as may be required to perform the powers and duties lawfully conferred upon the secretary.
13. Assume responsibility for complying with the provisions of any general or public law or regulation related to the disclosure, confidentiality and privacy of any information or records, in the possession or under the control of the executive office or the departments assigned to the executive office, that may be developed or acquired or transferred at the direction of the governor or the secretary for purposes directly connected with the secretary’s duties set forth herein.
14. Hold the director of each health and human services department accountable for their administrative, fiscal and program actions in the conduct of the respective powers and duties of their agencies.

History of Section. P.L. 2006, ch. 246, art. 38, § 19; P.L. 2007, ch. 73, art. 3, § 1; P.L. 2008, ch. 475, § 9; P.L. 2009, ch. 68, art. 5, § 1; P.L. 2012, ch. 241, art. 18, § 1; P.L. 2015, ch. 141, art. 5, § 20; P.L. 2019, ch. 88, art. 13, § 12; P.L. 2021, ch. 162, art. 12, § 8, effective July 1, 2021.

42-7.2-6. Departments assigned to the executive office — Powers and duties.

1. The departments assigned to the secretary 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 secretary acting on behalf of the governor or in accordance with the powers and authorities conferred upon the secretary by this chapter;
   2. Provide such assistance or resources as may be requested or required by the governor and/or the secretary; and
   3. Provide such records and information as may be requested or required by the governor and/or the secretary to perform the duties set forth in § 42-7.2-5 . Upon developing, acquiring or transferring such records and information, the secretary shall assume responsibility for complying with the provisions of any applicable general or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of such records or information.
   4. Forward to the secretary copies of all reports to the governor.
2. Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the department of children, youth and families, the department of health, the department of human services, and the department of behavioral healthcare, developmental disabilities and hospitals from fulfilling any statutory requirement or complying with any valid rule or regulation.

History of Section. P.L. 2006, ch. 246, art. 38, § 19; P.L. 2007, ch. 73, art. 3, § 1; P.L. 2012, ch. 241, art. 18, § 1; P.L. 2015, ch. 141, art. 5, § 20; P.L. 2021, ch. 395, § 10, effective July 14, 2021.

42-7.2-6.1. Transfer of powers and functions.

1. There are hereby transferred to the executive office of health and human services the powers and functions of the departments with respect to the following:
   1. Fiscal services including budget preparation and review, financial management, purchasing and accounting and any related functions and duties deemed necessary by the secretary;
   2. Legal services including applying and interpreting the law, oversight to the rulemaking process, and administrative adjudication duties and any related functions and duties deemed necessary by the secretary;
   3. Communications including those functions and services related to government relations, public education and outreach and media relations and any related functions and duties deemed necessary by the secretary;
   4. Policy analysis and planning including those functions and services related to the policy development, planning and evaluation and any related functions and duties deemed necessary by the secretary;
   5. Information systems and data management including the financing, development and maintenance of all data-bases and information systems and platforms as well as any related operations deemed necessary by the secretary;
   6. Assessment and coordination for long-term care including those functions related to determining level of care or need for services, development of individual service/care plans and planning, identification of service options, the pricing of service options and choice counseling; and
   7. Program integrity, quality control and collection and recovery functions including any that detect fraud and abuse or assure that beneficiaries, providers, and third-parties pay their fair share of the cost of services, as well as any that promote alternatives to publicly financed services, such as the long-term care health insurance partnership.
   8. Protective services including any such services provided to children, elders and adults with developmental and other disabilities;
   9. [Deleted by P.L. 2010, ch. 23, art. 7, § 1].
   10. The HIV/AIDS care and treatment programs.
2. The secretary shall determine in collaboration with the department directors whether the officers, employees, agencies, advisory councils, committees, commissions, and task forces of the departments who were performing such functions shall be transferred to the office.
3. In the transference of such functions, the secretary shall be responsible for ensuring:
   1. Minimal disruption of services to consumers;
   2. Elimination of duplication of functions and operations;
   3. Services are coordinated and functions are consolidated where appropriate;
   4. Clear lines of authority are delineated and followed;
   5. Cost-savings are achieved whenever feasible;
   6. Program application and eligibility determination processes are coordinated and, where feasible, integrated; and
   7. State and federal funds available to the office and the entities therein are allocated and utilized for service delivery to the fullest extent possible.
4. Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the departments of children, youth and families, human services, health, and behavioral healthcare, developmental disabilities and hospitals from fulfilling any statutory requirement or complying with any regulation deemed otherwise valid.
5. The secretary shall prepare and submit to the leadership of the house and senate finance committees, by no later than January 1, 2010, a plan for restructuring functional responsibilities across the departments to establish a consumer centered integrated system of health and human services that provides high quality and cost-effective services at the right time and in the right setting across the life-cycle.

History of Section. P.L. 2007, ch. 73, art. 3, § 2; P.L. 2009, ch. 68, art. 5, § 1; P.L. 2010, ch. 23, art. 7, § 1; P.L. 2012, ch. 241, art. 18, § 1; P.L. 2015, ch. 141, art. 5, § 20.

42-7.2-7. Independent advisory council — Purposes.

1. The secretary shall establish an independent advisory council, hereafter referred to as “advisory council” composed of representatives of the network of health and human services providers, the communities the departments serve, state and local policy makers and any other stakeholders or consumers interested in improving access to high quality health and human services.
2. The advisory council shall assist the secretary in identifying: issues of concern and priorities in the organization and/or delivery of services; areas where there is need for interdepartmental collaboration and cooperation; and opportunities for building sustainable and effective public-private partnerships that support the missions of the departments. The advisory council shall also provide guidance to the secretary in developing a plan to further the purposes of the executive office and assist the departments in meeting their unique missions and shared responsibilities.
3. With the assistance of the department directors, the secretary shall hold health and human services forums and open meetings that encourage community, consumer and stakeholder input on health and human services issues, proposals and activities and actions of the executive office that have been identified by the advisory council as areas of concern or important policy priorities or opportunities for the state.

History of Section. P.L. 2006, ch. 246, art. 38, § 19.

42-7.2-8. Assignment and reassignment of advisory bodies.

The governor may, by executive order, reassign any advisory bodies, boards, or commissions associated or affiliated with the departments to the secretary of health and human services or assign any such entities that may be created.

History of Section. P.L. 2006, ch. 246, art. 38, § 19.

42-7.2-9. Appointment of employees.

The secretary, subject to the provisions of applicable state law, shall be the appointing authority for all employees of the executive office of health and human services. The secretary may assign this function to such subordinate officers and employees of the executive office as may to him or her seem feasible or desirable. The appointing authority of the secretary provided for herein shall not affect, interfere with, limit, or otherwise restrict the appointing authority vested in the directors for the employees of the departments under applicable general and public laws.

History of Section. P.L. 2006, ch. 246, art. 38, § 19.

42-7.2-10. Appropriations and disbursements.

1. The general assembly shall annually appropriate such sums as it may deem necessary for the purpose of carrying out the provisions of this chapter. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums, or so much thereof as may from time to time be required, upon receipt by him or her of proper vouchers approved by the secretary of the executive office of health and human services, or his or her designee.
2. For the purpose of recording federal financial participation associated with qualifying healthcare workforce development activities at the state’s public institutions of higher education, and pursuant to the Rhode Island designated state health programs (DSHP), as approved by the Centers for Medicare & Medicaid Services (CMC) October 20, 2016, in the 11-W-00242/1 amendment to Rhode Island’s section 1115 Demonstration Waiver, there is hereby established a restricted-receipt account entitled “Health System Transformation Project” in the general fund of the state and included in the budget of the office of health and human services.

History of Section. P.L. 2006, ch. 246, art. 38, § 19; P.L. 2019, ch. 88, art. 2, § 10.

42-7.2-11. Rules and regulations.

The executive office of health and human services shall be deemed an agency for purposes of § 42-35-1 , et seq. of the Rhode Island general laws. The secretary shall make and promulgate such rules and regulations, fee schedules not inconsistent with state law and fiscal policies and procedures as he or she deems necessary for the proper administration of this chapter and to carry out the policy and purposes thereof.

History of Section. P.L. 2006, ch. 246, art. 38, § 19.

42-7.2-12. Repealed.

History of Section. P.L. 2006, ch. 246, art. 38, § 19; P.L. 2007, ch. 340, § 9; P.L. 2012, ch. 241, art. 18, § 1; Repealed by P.L. 2015, ch. 141, art. 5, § 20, effective June 30, 2015.

42-7.2-12.1. Repealed.

History of Section. P.L. 2006, ch. 246, art. 38, § 19; P.L. 2007, ch. 340, § 9; P.L. 2012, ch. 241, art. 18, § 1; Repealed by P.L. 2015, ch. 141, art. 5, § 20, effective June 30, 2015.

42-7.2-13. Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 2006, ch. 246, art. 38, § 19; P.L. 2015, ch. 141, art. 5, § 20.

42-7.2-14. Cooperation of other state executive branch agencies.

As may be appropriate from time to time, the departments and other agencies of the state of the executive branch that have not been assigned to the executive office of health and human services under this chapter shall assist and cooperate with the executive office as may be required by the governor requested by the secretary.

History of Section. P.L. 2006, ch. 246, art. 38, § 19.

42-7.2-15. Applicability.

Nothing in this chapter shall change, transfer or interfere with, or limit or otherwise restrict the general assembly’s sole authority to appropriate and re-appropriate fiscal resources to the departments; the statutory or regulatory duties of the directors of the departments, or the appointing authority for the employees of the departments vested in the directors under applicable general and public laws.

History of Section. P.L. 2006, ch. 246, art. 38, § 19.

42-7.2-16. Medicaid System Reform 2008.

1. The executive office of health and human services, in conjunction with the department of human services, the department of children, youth and families, the department of health and the department of behavioral healthcare, developmental disabilities and hospitals, is authorized to design options that further the reforms in Medicaid initiated in 2008 to ensure that the program: utilizes competitive and value based purchasing to maximize the available service options, promotes accountability and transparency, and encourages and rewards healthy outcomes, independence, and responsible choices; promotes efficiencies and the coordination of services across all health and human services agencies; and ensures the state will have a fiscally sound source of publicly-financed health care for Rhode Islanders in need.
2. Principles and goals.  In developing and implementing this system of reform, the executive office of health and human services and the four (4) health and human services departments shall pursue the following principles and goals:
   1. Empower consumers to make reasoned and cost-effective choices about their health by providing them with the information and array of service options they need and offering rewards for healthy decisions;
   2. Encourage personal responsibility by assuring the information available to beneficiaries is easy to understand and accurate, provide that a fiscal intermediary is provided when necessary, and adequate access to needed services;
   3. When appropriate, promote community-based care solutions by transitioning beneficiaries from institutional settings back into the community and by providing the needed assistance and supports to beneficiaries requiring long-term care or residential services who wish to remain, or are better served in the community;
   4. Enable consumers to receive individualized health care that is outcome-oriented, focused on prevention, disease management, recovery and maintaining independence;
   5. Promote competition between healthcare providers to ensure best value purchasing, to leverage resources and to create opportunities for improving service quality and performance;
   6. Redesign purchasing and payment methods to assure fiscal accountability and encourage and to reward service quality and cost-effectiveness by tying reimbursements to evidence-based performance measures and standards, including those related to patient satisfaction; and
   7. Continually improve technology to take advantage of recent innovations and advances that help decision makers, consumers and providers to make informed and cost-effective decisions regarding health care.
3. The executive office of health and human services shall annually submit a report to the governor and the general assembly describing the status of the administration and implementation of the Medicaid Section 1115 demonstration waiver.

History of Section. P.L. 2008, ch. 100, art. 17, § 2; P.L. 2012, ch. 241, art. 18, § 1; P.L. 2015, ch. 141, art. 5, § 20.

42-7.2-16.1. Reinventing Medicaid Act of 2015.

1. The Rhode Island Medicaid program is an integral component of the state’s healthcare system that provides crucial services and supports to many Rhode Islanders. As the program’s reach has expanded, the costs of the program have continued to rise and the delivery of care has become more fragmented and uncoordinated. Given the crucial role of the Medicaid program to the state, it is of compelling importance that the state conduct a fundamental restructuring of its Medicaid program that achieves measurable improvement in health outcomes for the people and transforms the healthcare system to one that pays for the outcomes and quality they deserve at a sustainable, predictable and affordable cost.
2. The Working Group to Reinvent Medicaid, which was established to refine the principles and goals of the Medicaid reforms begun in 2008, was directed to present to the general assembly and the governor initiatives to improve the value, quality, and outcomes of the health care funded by the Medicaid program.

History of Section. P.L. 2015, ch. 141, art. 5, § 20.

42-7.2-17. Statutory reference to the office of health and human services.

Notwithstanding other statutory references to the department of human services, wherever in the general or public laws, or any rule or regulation, any reference shall appear to the “department of human services” or to “department” as it relates to any responsibilities for and/or to Medicaid, unless the context otherwise requires, it shall be deemed to mean “the office of health and human services.”

History of Section. P.L. 2012, ch. 241, art. 18, § 2.

42-7.2-18. Program integrity division.

1. There is hereby established a program integrity division within the office of health and human services to effectuate the transfer of functions pursuant to § 42-7.2-6.1(a)(7) . The purposes of this division are:
   1. To develop and implement a statewide strategy to coordinate state and local agencies, law enforcement entities, and investigative units in order to increase the effectiveness of programs and initiatives dealing with the prevention, detection, and prosecution of Medicaid and public assistance fraud;
   2. To oversee and coordinate state and local efforts to investigate and eliminate Medicaid and public assistance fraud and to recover state and federal funds; and
   3. To pursue any opportunities to enhance health and human services program integrity efforts available under the federal Affordable Care Act of 2010, or any such federal or state laws or regulations pertaining to publicly-funded health and human services administered by the departments assigned to the executive office.
2. The program integrity division shall provide advice and make recommendations, as necessary, to the secretary of health and human services and all departments assigned to the office to effectuate the purposes of the division. The division shall also propose and execute, with the secretary’s approval, recommendations that assure the office and the departments implement in a timely and effective manner corrective actions to remediate any federal and/or state audit findings when warranted.
3. The division shall have the following powers and duties:
   1. To conduct a census of local, state, and federal efforts to address Medicaid and public assistance fraud in this state, including fraud detection, prevention, and prosecution, in order to discern overlapping missions, maximize existing resources, and strengthen current programs;
   2. To develop a strategic plan for coordinating and targeting state and local resources for preventing and prosecuting Medicaid and public assistance fraud. The plan must identify methods to enhance multi-agency efforts that contribute to achieving the state’s goal of eliminating Medicaid and public assistance fraud;
   3. To identify methods to implement innovative technology and data sharing in consultation with the office of digital excellence in order to detect and analyze Medicaid and public assistance fraud with speed and efficiency. Such methods as may be effective as a means of detecting incidences of fraud, assisting in directing the focus of an investigation or audit, and determining the amounts a provider owes as the result of such an investigation or audit conducted by the division, a department assigned to the office, Rhode Island Department of Attorney General Medicaid Fraud Control Unit, the U.S. Department of Health and Human Services’ Office of Inspector General, the U.S. Department of Justice’s Federal Bureau of Investigation, or an authorized agent thereof.
   4. To develop and promote, in consultation with federal, state and local law enforcement agencies, crime prevention services and educational programs that serve the public; and
   5. To develop and implement electronic fraud monitoring systems and provide training for all Medicaid provider and managed care organizations on the use of such systems and other fraud detection and prevention mechanisms, concerning, but not limited to the following:
      1. Coverage and billing policies;
      2. Participant-centered planning and options available;
      3. Covered and non-covered services;
      4. Provider accountability and responsibilities;
      5. Claim submission policies and procedures; and
      6. Reconciling claim activity.
4. The division shall annually prepare and submit a report on its activities and recommendations, by January 1, to the president of the senate, the speaker of the house of representatives, the governor, and the chairs of the house of representatives and senate finance committees.

History of Section. P.L. 2013, ch. 264, § 1; P.L. 2013, ch. 368, § 1; P.L. 2015, ch. 141, art. 5, § 20.

42-7.2-19. HIV Care Grant rebate account.

1. There is hereby created within the executive office of health and human services a restricted receipt account to be known as the HIV Care Grant rebate account to receive and expend pharmaceutical rebates on HIV treatment and prevention services.
2. All amounts deposited in the HIV Care Grant rebate account on or after July 1, 2014, shall be exempt from the indirect cost recovery provisions of § 35-4-27 .

History of Section. P.L. 2014, ch. 145, art. 3, § 3.

42-7.2-20.1. ABLE accounts.

1. Legislative findings.  The general assembly finds and declares the following:
   1. Blind and disabled persons of this state need not only state financial assistance, but also private financial assistance in achieving a better life experience.
   2. A federal program exists that allows disabled individuals to make contributions and receive contributions from contributors that may be deposited in an account for their care which amount can grow free of any income tax consequences so long as the contributions are used for qualifying disability expenses pursuant to 26 U.S.C. § 529A.
   3. These accounts may be utilized by disabled individuals for disbursements relating to education, housing, transportation, employment training and support, assistive technology and personal support services, health prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses approved under regulations promulgated by the Secretary of the Treasury.
   4. This federal program is found to be a financial option worthy of consideration by persons of this state with disabilities.

History of Section. P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.

42-7.2-20.2. Definitions.

As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

1. “Achieving a better life experience account” or “ABLE account” means an account established under the achieving a better life experience program pursuant to this section and any implementing regulations for the purposes of funding future, qualified disability expenses of a designated beneficiary.
2. “Achieving a better life experience program” or “program” means the qualified ABLE program established and administered jointly by the executive office, in conjunction with the SIC as defined herein and, to the extent so delegated or contracted, any designated administrators.
3. “Contracting state” means a state that has entered into a contract with the executive office to provide residents of Rhode Island or that state with access to a qualified ABLE program.
4. “Designated administrator” means any corporation or other entity whose powers and privileges are provided for in any general or special law, whether for profit or not, designated or retained by the executive office for the purpose of administering, subject to the executive office’s and SIC’s ongoing supervision, all or any portion of the investment, marketing, recordkeeping, administrative, or other functions of the program.
5. “Designated beneficiary” means the individual with a disability named as the beneficiary of an ABLE account.
6. “Executive office” means the executive office of health and human services (EOHHS) or an agency thereof as designated by the secretary of EOHHS.
7. “Individual with a disability” means an individual who is an “eligible individual” as defined under 26 U.S.C. § 529A.
8. “Qualified ABLE program” means a “qualified ABLE program” as defined under 26 U.S.C. § 529A.
9. “Qualified disability expenses” means “qualified disability expenses” as defined under 26 U.S.C. § 529A.
10. “Secretary of EOHHS” means the secretary of the executive office of health and human services.
11. “Secretary of the Treasury” means the Secretary of the Treasury of the United States.
12. “Section 529A” means Section 529A of the Internal Revenue Code of 1986, as amended, (26 U.S.C. § 529A) or any successor provision thereto, and any regulations promulgated thereunder or tax announcements or other binding regulatory guidance provided with respect thereto.
13. “State” means the state of Rhode Island.
14. “State investment commission” or “SIC” means the state investment commission as established by § 35-10-1 .

History of Section. P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.

42-7.2-20.3. Creation of program.

1. There shall be established within the executive office and administered, in conjunction with, the SIC, the achieving a better life experience program for the purposes of administering ABLE accounts established to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities. Under the program, one or more persons may make contributions to an ABLE account to meet the qualified disability expenses of the designated beneficiary of the account.
2. Unless otherwise permitted under 26 U.S.C. § 529A, the owner of an ABLE account shall be the designated beneficiary of the account.
3. A designated beneficiary may have only one account.
4. Unless otherwise permitted under 26 U.S.C. § 529A, the designated beneficiary of an ABLE account shall be a resident of this state or of a contracting state. The executive office shall determine residency for such purpose in such manner as may be required or permissible under 26 U.S.C. § 529A or, in the absence of any guidance under 26 U.S.C. § 529A, by such other means as the executive office shall consider advisable for purposes of satisfying the requirements of 26 U.S.C. § 529A.
5. Any person may make contributions to an ABLE account to meet the qualified disability expenses of the designated beneficiary of the account; provided that the account and contributions meet the other requirements of this section and regulations promulgated by the executive office.
6. The executive office, in conjunction with the SIC, and, to the extent required by the terms of such designation, any designated administrator shall operate the program so that it shall constitute a qualified ABLE program in compliance with the requirements of 26 U.S.C. § 529A.
7. The SIC and any designated administrator shall provide investment options for the investment of amounts contributed to an ABLE account.

History of Section. P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.

42-7.2-20.4. Contributions to be held in trust.

1. Funds contributed to the program shall be held in trust in a special account or accounts and shall not be co-mingled with any state funds appropriated by the general assembly for the support of or the programs administered by the executive office.
2. There shall be separate accounting for each designated beneficiary.
3. Any designated beneficiary under such program may, directly or indirectly, direct the investment of any contributions to the program (or earnings thereon) no more than the allowable limit of 26 U.S.C. § 529A.

History of Section. P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.

42-7.2-20.5. Rules and regulations.

The executive office shall, in conjunction with the SIC, have the power and authority to promulgate rules and regulations; enter into contracts and agreements; charge fees and expenses to the funds held under the program or to persons establishing or owning ABLE accounts; make reports; retain designated administrators, employees, experts and consultants; and do all other things necessary or convenient to implement this section in accordance with § 529A of the Internal Revenue Code of 1986, as amended (26 U.S.C. § 529A).

History of Section. P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.

42-7.2-20.6. Tax-exempt earnings.

1. For state income tax purposes, annual earnings of the ABLE program shall be exempt from tax, and shall not be included in the Rhode Island income of the designated beneficiary until withdrawn or distributed from it, and then in accordance with chapter 30 of title 44.
2. The tax administrator may adopt rules and regulations necessary to monitor, implement, and administer the Rhode Island personal income tax provisions referred to in subsection (a) of this section.

History of Section. P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.

42-7.2-20.7. State and local means-tested programs.

Accounts established pursuant to this section shall not be included in determining income eligibility of the designated beneficiary for state or local assistance programs.

History of Section. P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.

42-7.2-20.8. Creditors.

Notwithstanding any provision of the general or public laws to the contrary, money in the ABLE program shall be exempt from creditor process and shall not be liable to attachment, garnishment, or other process, nor shall it be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability or any contributor or beneficiary; provided, however, that the state of residency of the designated beneficiary of an ABLE account shall be a creditor of such account in the event of the death of the designated beneficiary.

History of Section. P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.

42-7.3-1. Declaration of purpose.

The purpose of this chapter is to establish a public safety department. This department is responsible to consolidate the law enforcement services presently provided by six divisions and agencies within the executive branch of state government. The consolidation of these divisions and agencies into a department of public safety will assure the provision of professional services; will enable the most efficient and effective use of the state’s public safety resources; will allow for the consolidation of such functions as communications, training, and operating procedures; and will protect the lives and promote the safety of the citizens of this state.

History of Section. P.L. 2008, ch. 100, art. 9, § 11.

42-7.3-2. Department of public safety.

There is hereby established within the executive branch of state government a department of public safety.

History of Section. P.L. 2008, ch. 100, art. 9, § 11.

42-7.3-3. Powers and duties of the department.

The department of public safety shall be responsible for the management and administration of the following divisions and agencies:

1. Office of the capitol police (chapter 2.2 of title 12).
2. [Deleted by P.L. 2018, ch. 47, art. 3, § 6].
3. E-911 emergency telephone system division (chapter 21 of title 39).
4. Rhode Island state police (chapter 28 of title 42).
5. Municipal police training academy (chapter 28.2 of title 42).
6. Division of sheriffs (chapter 7.3 of title 42).

History of Section. P.L. 2008, ch. 100, art. 9, § 11; P.L. 2011, ch. 151, art. 9, § 18; P.L. 2018, ch. 47, art. 3, § 6.

42-7.3-3.1. Repealed.

History of Section. P.L. 2010, ch. 23, art. 7, § 7; Repealed by P.L. 2013, ch. 164, § 1, effective July 11, 2013; P.L. 2013, ch. 234, § 1, effective July 11, 2013.

42-7.3-3.2. Division of sheriffs.

1. Division established.  A division of sheriffs is hereby established within the department of public safety. This division shall be responsible for statewide activities assigned by law which relate to the duties and functions of the sheriffs of the several counties. The division also shall be responsible for all statewide activities assigned by law which relate to the duties and functions of state marshals. Among its other responsibilities, the division shall also be responsible for courtroom security and cellblocks in all state courthouses, training of personnel, transportation of individuals charged with crimes, and special operations.
2. Powers and duties.
   1. The division of sheriffs shall have the following powers and duties:
      1. To provide and maintain security for judges at all state courts;
      2. To provide and maintain security in all courtrooms and other public areas within state courthouses;
      3. To provide and maintain security in the cellblocks in all state courts, and exercise all powers as required and prescribed in all other provisions of the general laws and public laws relating to the powers and duties of sheriffs.
      4. To be responsible for the custody and safety of prisoners while being transported to and from court sessions, places of detention, and outside hospitals prior to commitment to the adult correctional institutions;
      5. To be responsible for the custody and security of prisoners detained in the cellblock areas in the Kent County courthouse and Providence County superior courthouse and for the security of these prisoners during the hearing of their cases, and while in outside hospitals prior to commitment to the adult correctional institutions;
      6. To be responsible for the safety and welfare of prisoners in their custody;
      7. To provide all security in connection with transportation in the execution of extraditions, including, but not limited to, warrants, IAD (Interstate Agreement on Detainers), arrest affidavits, interstate compact extradition, and criminal detainers; and
      8. To carry firearms as prescribed.
   2. The division of sheriffs shall also have the following powers and duties previously performed by the Rhode Island marshals:

      (i) To be responsible for transportation statewide of prisoners to and from police departments, the adult correctional institutions, all courthouses, and other places of detention;

      (ii) To transport persons arrested by state and local police departments to places of detention; provided, however, nothing in this subsection shall prevent state and local police departments from transporting those persons;

      (iii) To supervise the conduct of and maintain order and discipline of the prisoners in their custody;

3. The director of the department of public safety shall appoint deputy sheriffs pursuant to a rank structure determined by the director of the department of public safety and other necessary classifications, subject to the appropriation process, to provide assistance in the areas of courthouse and cellblock security, transportation of prisoners, staff training and special operations. All employees in the division of sheriffs shall be in the unclassified service pursuant to § 36-4-2(a)(13) .

History of Section. P.L. 2011, ch. 151, art. 9, § 19; P.L. 2012, ch. 324, § 3.

42-7.3-4. Responsibilities of the department.

The department of public safety is responsible to:

1. Improve the economy, efficiency, coordination, and quality of public safety services policy and planning, budgeting and financing, communications and training.
2. Increase public confidence by conducting independent reviews of public safety issues in order to promote accountability and coordination across divisions and agencies.
3. Ensure that state public safety policies and programs are responsive to changing needs to the network of public safety organizations that deliver similar services and efforts.

History of Section. P.L. 2008, ch. 100, art. 9, § 11.

42-7.3-5. Director of public safety — Appointment.

The department of public safety shall be administered by a director, who shall also serve as superintendent of the Rhode Island state police. The director shall be appointed by the governor and shall hold office at the pleasure of the governor and until a successor is appointed and qualified.

History of Section. P.L. 2008, ch. 100, art. 9, § 11.

42-7.3-6. Duties and responsibilities of the director.

1. The director shall be responsible to the governor for managing the department of public safety and for providing strategic leadership and direction to the divisions and agencies within the department. The director of public safety is authorized to:
2. Coordinate the administration and financing of public safety services and programs.
3. Serve as the governor’s chief advisor and liaison to federal policymakers on public safety issues as well as the principal point of contact in the state on any such related matters.
4. Resolve administrative, jurisdictional, operational, program, or policy conflicts among divisions and agencies and to take necessary action;
5. Assure continued progress toward improving the quality, the economy, the accountability and the efficiency of state-administered public safety services;
6. Prepare and integrate comprehensive budgets for the divisions and agencies within the department.
7. Utilize objective data to evaluate public safety goals, resource use and outcome evaluation and to perform short and long-term policy planning and development.
8. Conduct independent reviews of state public safety programs.
9. Provide regular and timely reports to the governor and make recommendations with respect to the state’s public safety needs.
10. Employ such personnel and contract for such consulting services as may be required to perform the powers and duties lawfully conferred upon the director.

History of Section. P.L. 2008, ch. 100, art. 9, § 11.

42-7.3-7. Assignment and reassignment of advisory bodies.

The governor may, by executive order, reassign any advisory bodies, boards, or commissions associated or affiliated with the divisions or agencies of the department of public safety.

History of Section. P.L. 2008, ch. 100, art. 9, § 11.

42-7.3-8. Appointment of employees.

The director, subject to the provisions of applicable state law, shall be the appointing authority for all employees of the department of public safety.

History of Section. P.L. 2008, ch. 100, art. 9, § 11.

42-7.3-9. Rules and regulations.

The department of public safety is authorized to make and promulgate such rules and regulations as he or she deems necessary for the proper administration of this chapter and to carry out the purposes thereof.

History of Section. P.L. 2008, ch. 100, art. 9, § 11.

42-7.3-10. Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 2008, ch. 100, art. 9, § 11.

42-7.4-1. Short title.

This chapter shall be known and may be cited as “The Healthcare Services Funding Plan Act.”

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-2. Definitions.

The following words and phrases as used in this chapter shall have the following meaning:

1. 1. “Contribution enrollee” means an individual residing in this state, with respect to whom an insurer administers, provides, pays for, insures, or covers healthcare services, unless excepted by this section.
   2. “Contribution enrollee” shall not include an individual whose healthcare services are paid or reimbursed by Part A or Part B of the Medicare program, a Medicare supplemental policy as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss(g)(1), or Medicare managed care policy, the federal employees’ health benefit program, the Veterans’ healthcare program, the Indian health service program, or any local governmental corporation, district, or agency providing health benefits coverage on a self-insured basis;
   3. Delayed applicability for state employees, retirees, and dependents and not-for-profit healthcare corporations. An individual whose healthcare services are paid or reimbursed by the state of Rhode Island pursuant to chapter 12 of title 36 or a not-for-profit healthcare corporation that controls or operates hospitals licensed under chapter 17 of title 23 or a not-for-profit healthcare corporation that controls or operates hospitals licensed under chapter 17 of title 23, and facilities and programs providing rehabilitation, psychological support, and social guidance to individuals who are alcoholic, drug abusers, mentally ill, or who are persons with developmental disabilities or cognitive disabilities, such as brain injury, licensed under chapter 24 of title 40.1 shall not be treated as a “contribution enrollee” until July 1, 2016.
2. “Healthcare services funding contribution” means per capita amount each contributing insurer must contribute to support the programs funded by the method established under this section, with respect to each contribution enrollee; provided, however, that, with respect to an insurer that is a Medicaid managed care organization offering managed Medicaid, the healthcare funding services contribution for any contribution enrollee whose healthcare services are paid or reimbursed under Title XIX of the Social Security Act (Medicaid) shall not include the children’s health services funding requirement described in § 42-12-29 .
3. 1. “Insurer” means all persons offering, administering, and/or insuring healthcare services, including, but not limited to:
      1. Policies of accident and sickness insurance, as defined by chapter 18 of title 27:
      2. Nonprofit hospital or medical-service plans, as defined by chapters 19 and 20 of title 27;
      3. Any person whose primary function is to provide diagnostic, therapeutic, or preventive services to a defined population on the basis of a periodic premium;
      4. All domestic, foreign, or alien insurance companies, mutual associations, and organizations;
      5. Health maintenance organizations, as defined by chapter 41 of title 27;
      6. All persons providing health benefits coverage on a self-insurance basis;
      7. All third-party administrators described in chapter 20.7 of title 27; and
      8. All persons providing health benefit coverage under Title XIX of the Social Security Act (Medicaid) as a Medicaid managed care organization offering managed Medicaid.
   2. “Insurer” shall not include any nonprofit dental service corporation as defined in § 27-20.1-2 , nor any insurer offering only those coverages described in § 42-7.4-13 .
4. “Person” means any individual, corporation, company, association, partnership, limited liability company, firm, state governmental corporations, districts, and agencies, joint stock associations, trusts, and the legal successor thereof.
5. “Secretary” means the secretary of health and human services.

History of Section. P.L. 2014, ch. 145, art. 16, § 4; P.L. 2019, ch. 99, § 1; P.L. 2019, ch. 137, § 1; P.L. 2020, ch. 79, art. 2, § 23.

42-7.4-3. Imposition of healthcare services funding contribution.

1. Each insurer is required to pay the healthcare services funding contribution for each contribution enrollee of the insurer at the time the contribution is calculated and paid, at the rate set forth in this section.
   1. Beginning January 1, 2016, the secretary shall set the healthcare services funding contribution each fiscal year in an amount equal to: (i) The child immunization funding requirement described in § 23-1-46 ; plus (ii) The adult immunization funding requirement described in § 23-1-46 ; plus (iii) The children’s health services funding requirement described in § 42-12-29 ; and all as divided by (iv) The number of contribution enrollees of all insurers.
   2. The contribution set forth herein shall be in addition to any other fees or assessments upon the insurer allowable by law.
2. The contribution shall be paid by the insurer; provided, however, a person providing health benefits coverage on a self-insurance basis that uses the services of a third-party administrator shall not be required to make a contribution for a contribution enrollee where the contribution on that enrollee has been or will be made by the third-party administrator.
3. The secretary shall create a process to facilitate the transition to the healthcare services funding contribution method that: (i) assures adequate funding beginning July 1, 2016, (ii) reflects that funding via the healthcare services funding contribution method initially will be for only a portion of the state’s fiscal year, and (iii) avoids duplicate liability for any insurer that made a payment under the premium assessment method in effect prior to January 1, 2016, for a period for which it would also be liable for a contribution under the healthcare services funding contribution method as described in this chapter.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-4. Returns and payment.

1. Subject to subsection (b), every insurer required to make a contribution shall, on or before the last day of July, October, January and April of each year, make a return to the secretary together with payment of the quarterly healthcare services funding contribution for the preceding three (3) month period.
2. 1. Upon request of the director of the department of health, the secretary shall develop a process whereby an insurer required to make the contribution may be directed to make estimated payments for the portion of the liability arising under § 42-7.4-3 and the secretary shall make that pre-paid amount available to the department of health, as requested.
   2. Unless requested to make an estimated payment as described in subsection (b)(1) above, any insurer required to make the contribution that can substantiate that the insurer’s contribution liability would average less than twenty-five thousand dollars ($25,000) per month may file returns and remit payment annually on or before the last day of June each year; provided, however, that the insurer shall be required to make quarterly payments if the secretary determines that:
      1. The insurer has become delinquent in either the filing of the return or the payment of the healthcare services funding contribution due thereon; or
      2. The liability of the insurer exceeds seventy-five thousand dollars ($75,000) in healthcare services funding contribution per quarter for any two (2) subsequent quarters.
3. All returns shall be signed by the insurer required to make the contribution, or by its authorized representative, subject to the pains and penalties of perjury.
4. If a return shows an overpayment of the contribution due, the secretary shall refund or credit the overpayment to the insurer required to make the contribution, or the insurer may deduct the overpayment from the next quarterly or annual return.
5. The secretary, for good cause shown, may extend the time within which an insurer is required to file a return, and if the return is filed during the period of extension no penalty or late filing charge may be imposed for failure to file the return at the time required by this section, but the insurer shall be liable for interest as prescribed in this section. Failure to file the return during the period for the extension shall void the extension.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-5. Set-off for delinquent payment.

If an insurer required to make the contribution pursuant to this chapter shall fail to pay a contribution within thirty (30) days of its due date, the secretary may request any agency of state government making payments to the insurer to set-off the amount of the delinquency against any payment or amount due the insurer from the agency of state government and remit the sum to the secretary. Upon receipt of the setoff request from the secretary, any agency of state government is authorized and empowered to set-off the amount of the delinquency against any payment or amounts due the insurer. The amount of set-off shall be credited against the contribution due from the insurer.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-6. Assessment on available information — Interest on delinquencies — Penalties — Collection powers.

If any insurer shall fail to file a return within the time required by this chapter, or shall file an insufficient or incorrect return, or shall not pay the contribution imposed by this section when it is due, the secretary shall assess the contribution upon the information as may be available, which shall be payable upon demand and shall bear interest at the annual rate provided by § 44-1-7 , from the date when the contribution should have been paid. If the failure is due, in whole or part, to negligence or intentional disregard of the provisions of this section, a penalty of ten percent (10%) of the amount of the determination shall be added to the contribution. The secretary shall collect the contribution with interest. The secretary may request any agency to assist in collection, including the tax administrator, who may collect the contribution with interest in the same manner and with the same powers as are prescribed for collection of taxes in title 44.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-7. Claims for refund — Hearing upon denial.

1. Any insurer required to pay the contribution may file a claim for refund with the secretary at any time within two (2) years after the contribution has been paid. If the secretary shall determine that the contribution has been overpaid, he or she shall make a refund with ten percent (10%) interest from the date of overpayment.
2. Any insurer whose claim for refund has been denied may, within thirty (30) days from the date of the mailing by the secretary of the notice of the decision, request a hearing and the secretary shall, as soon as practicable, set a time and place for the hearing and shall notify the person.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-8. Hearing by secretary on application.

Any insurer aggrieved by the action of the secretary in determining the amount of any contribution or penalty imposed under the provisions of this chapter may apply to the secretary, within thirty (30) days after the notice of the action is mailed to it, for a hearing relative to the contribution or penalty. The secretary shall fix a time and place for the hearing and shall so notify the person. Upon the hearing the secretary shall correct manifest errors, if any, disclosed at the hearing and thereupon assess and collect the amount lawfully due together with any penalty or interest thereon.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-9. Appeals.

Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be pursued pursuant to chapter 35 of title 42. The right to appeal under this section shall be expressly made conditional upon prepayment of all contribution, interest, and penalties unless the insurer demonstrates to the satisfaction of the court that the insurer has a reasonable probability of success on the merits and is unable to prepay all contribution, interest, and penalties, considering not only the insurer’s own financial resources but also the ability of the insurer to borrow the required funds. If the court, after appeal, holds that the insurer is entitled to a refund, the insurer shall also be paid interest on the amount at the rate provided in § 44-1-7.1 of the Rhode Island general laws, as amended.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-10. Records.

Every insurer required to make the contribution shall:

1. Keep records as may be necessary to determine the amount of its liability under this section;
2. Preserve those records for a period of three (3) years following the date of filing of any return required by this section, or until any litigation or prosecution under this section is finally determined; and
3. Make those records available for inspection by the secretary or his/her authorized agents, upon demand, at reasonable times during regular business hours.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-11. Method of payment and deposit of contribution.

1. The payments required by this chapter may be made by electronic transfer of monies to the general treasurer.
2. The general treasurer shall take all steps necessary to facilitate the transfer of monies to:
   1. The “childhood immunization account” described in § 23-1-45(a) in the amount described in § 23-1-46(a) ;
   2. To the “adult immunization account” described in § 23-1-45(c) in the amount described in § 23-1-46(a) ;
   3. To the “children’s health account” described in § 42-12-29(a) in the amount described in § 42-12-29(b) ; and
   4. Any remainder of the payments shall be proportionally distributed to those accounts and credited against the next year’s healthcare services funding contribution.
3. The general treasurer shall provide the secretary with a record of any monies transferred and deposited.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-12. Rules and regulations.

The secretary is authorized to make and promulgate rules, regulations, and procedures not inconsistent with state law and fiscal procedures as he or she deems necessary for the proper administration of this healthcare services funding plan act and to carry out the provisions, policies, and purposes of this chapter including, but not limited to, data it must collect from insurers for the correct computation of the healthcare services funding contribution, collaboration with other state agencies for collecting necessary information, and the form of the return and the data that it must contain for the correct computation of the healthcare services funding contribution.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-13. Excluded coverage from the healthcare services funding plan act.

1. In addition to any exclusion and exemption contained elsewhere in this chapter, this chapter shall not apply to insurance coverage providing benefits for, nor shall an individual be deemed a contribution enrollee solely by virtue of receiving benefits for the following:
   1. Hospital confinement indemnity;
   2. Disability income;
   3. Accident only;
   4. Long-term care;
   5. Medicare supplement;
   6. Limited benefit health;
   7. Specified disease indemnity;
   8. Sickness or bodily injury or death by accident or both; and
   9. Other limited benefit policies.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-14. Impact on health insurance rates.

1. Allocation.  An insurer required to make a healthcare services funding contribution may pass on the cost of that contribution in the cost of its services, such as its premium rates (for insurers), without being required to specifically allocate those costs to individuals or populations that actually incurred the contribution. The costs are to be fairly allocated among the market segments incurring such costs.
2. Oversight.  The health insurance commissioner shall ensure, through the rate review and approval process, that the rates filed for fully insured groups and individuals, pursuant to chapter 18.5, 18.6 or 50 of title 27, reflect the transition to the funding method described in this section.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-7.4-15. Study on expansion of healthcare services funding program.

Recognizing the value of the immunization programs to municipal employees, police, fire, and other public safety officers, and to teachers and other school district employees, the director of the department of health or his or her designee shall meet with representatives and agencies of local governments, including but not limited to the league of cities and towns, the division of municipal finance, the association of police chiefs, the association of fire chiefs, and the association of school committees, to obtain and share information regarding the effectiveness of the program and the manner and timing under which municipalities shall become included in the funding method described in this section. The department shall also seek clarification from the Centers for Medicare and Medicaid Services regarding the extent to which Medicare, Medicare managed care organizations, and Medicare supplement plans could become included in the funding method described in this section. The department shall report its findings to the chairpersons of the house finance committee and senate finance committee not later than April 1, 2015.

History of Section. P.L. 2014, ch. 145, art. 16, § 4.

42-8-1. Head of department — Duties.

There shall be a department of state. The head of the department of state shall be the secretary of state. The secretary of state shall perform the duties required by this chapter and by chapter 2 of title 6; chapters 1 to 4, inclusive, of title 7; chapters 16, 19, and 20 of title 17; chapters 3 and 10 of title 22; chapters 1 to 3 and 4, of title 29; chapter 1 of title 36; chapter 7 of title 37; chapter 30 of this title; chapters 1 and 2 of title 43; chapter 6 of title 44; and any and all other provisions of the general laws and public laws insofar as such powers and duties relate to the secretary of state and the department of state.

History of Section. P.L. 1939, ch. 660, § 30; G.L. 1956, § 42-8-1 ; P.L. 1988, ch. 84, § 81.

42-8-2. Keeper of the seal.

The secretary of state shall be the keeper of the seal of the state.

History of Section. G.L. 1896, ch. 16, § 1; G.L. 1909, ch. 22, § 1; G.L. 1923, ch. 21, § 1; G.L. 1938, ch. 9, § 1; G.L. 1956, § 42-8-2 .

42-8-3. Documents of general assembly.

The secretary of state shall keep and preserve in his or her office all acts and resolves passed by the general assembly, and all original papers relating to assembly proceedings.

History of Section. G.L. 1896, ch. 16, § 2; G.L. 1909, ch. 22, § 2; G.L. 1923, ch. 21, § 2; G.L. 1938, ch. 9, § 2; G.L. 1956, § 42-8-3 .

42-8-4. Affixing seal — Authenticated copies of papers.

The secretary of state shall affix the seal of this state to acts, commissions, certificates and other papers in his or her office, in all cases required by law; and shall give copies duly authenticated, of any official paper, whenever required and paid therefor.

History of Section. G.L. 1896, ch. 16, § 3; G.L. 1909, ch. 22, § 3; G.L. 1923, ch. 21, § 3; G.L. 1938, ch. 9, § 3; G.L. 1956, § 42-8-4 .

42-8-5. Bonds executed before commissions issued.

The secretary of state shall not issue a commission to the director of administration, the clerk of any court, the sheriff of any county, or to any other officer holding or controlling the public moneys, until the bond required by law of such officer has been executed, approved and lodged with the officer required to receive the commission, the certificate of the officer, other than the secretary of state him or herself, being evidence of the fact.

History of Section. G.L. 1896, ch. 16, § 4; G.L. 1909, ch. 22, § 4; G.L. 1923, ch. 21, § 4; G.L. 1938, ch. 9, § 4; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 42-8-5 .

42-8-6. Authentication of printed legislative records.

The secretary of state shall, immediately after the acts, resolves, and other proceedings of each session of the general assembly are printed as required by law, carefully examine at least six (6) printed copies thereof, and shall certify and authenticate the copies under his or her hand and the seal of the state; and when so certified and authenticated, the copies shall be the record of the acts, resolves and proceedings of the session, and he or she shall keep and preserve the copies in his or her office, and shall from time to time cause the copies to be bound, for more convenient use.

History of Section. G.L. 1896, ch. 16, § 5; G.L. 1909, ch. 22, § 5; G.L. 1923, ch. 21, § 5; G.L. 1938, ch. 9, § 5; G.L. 1956, § 42-8-6 .

42-8-7. Correspondence records.

The secretary of state shall keep a copy of every official letter sent by him or her, and shall preserve all public letters received by him or her.

History of Section. G.L. 1896, ch. 16, § 6; G.L. 1909, ch. 22, § 6; G.L. 1923, ch. 21, § 6; G.L. 1938, ch. 9, § 6; G.L. 1956, § 42-8-7 ; P.L. 1989, ch. 155, § 1.

42-8-8. Transmission of appropriation laws and enactments.

The secretary of state shall, immediately after the passage of any act or resolution making an appropriation out of the state treasury, transmit a copy of the act or resolution to the director of administration.

The secretary of state shall, immediately after the passage of any act or resolution, transmit the act or resolution, to the law revision director for processing.

History of Section. G.L. 1896, ch. 16, § 8; G.L. 1909, ch. 22, § 8; G.L. 1923, ch. 21, § 7; G.L. 1938, ch. 9, § 7; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 42-8-8 ; P.L. 1996, ch. 404, § 41.

42-8-9. Election forms.

The secretary of state shall, at least ten (10) days previous to the day of election of general officers, senator and representatives in congress, or electors of president and vice-president of the United States, furnish each town or ward clerk with printed forms of returns, certificates and directions, together with any advice he or she may deem necessary to secure proper returns.

History of Section. G.L. 1896, ch. 16, § 9; G.L. 1923, ch. 22, § 9; G.L. 1923, ch. 21, § 8; G.L. 1938, ch. 9, § 8; G.L. 1956, § 42-8-9 .

42-8-10. Defaults in election returns.

The secretary of state shall, within thirty (30) days after any default in the return of voting machines and election returns, certify the default to the attorney general, and his or her certificate shall be prima facie evidence of the default, and the attorney general shall prosecute every person guilty thereof.

History of Section. G.L. 1896, ch. 16, § 10; G.L. 1909, ch. 22, § 10; G.L. 1923, ch. 21, § 9; G.L. 1938, ch. 9, § 9; G.L. 1956, § 42-8-10 .

42-8-11. Repealed.

42-8-12. Distribution of state publications to libraries.

The secretary of state is hereby authorized and empowered to distribute to public and reference libraries within the state copies of any books published by state aid which are in his or her custody and which in his or her judgment are available for distribution. He or she may also distribute in like manner to libraries outside of the state which have deposited in the state library publications of a similar character.

History of Section. P.L. 1907, ch. 1440, § 1; G.L. 1909, ch. 22, § 12; G.L. 1923, ch. 21, § 11; G.L. 1938, ch. 9, § 11; G.L. 1956, § 42-8-12 .

42-8-13. Sale of surplus publications.

The secretary of state is hereby authorized and empowered to sell or dispose of all duplicate books, pamphlets or other surplus supplies which in his or her judgment are not available for use by the state. All sums received from the sales shall be deposited into the “secretary of state preservation/conservation account.”

History of Section. P.L. 1913, ch. 921, § 1; G.L. 1923, ch. 21, § 12; G.L. 1938, ch. 9, § 12; G.L. 1956, § 42-8-13 ; P.L. 1988, ch. 374, § 1.

42-8-13.1. Secretary of state preservation/conservation account.

1. There is hereby established within the general treasury of the state a restricted receipt account to be known as the “secretary of state preservation/conservation account”. There shall be deposited into such account all funds generated pursuant to §§ 42-8-13 and 29-1-6 .
2. Funds collected within the account shall be appropriated by the general assembly for the specific purpose of document preservation and conservation at the state library and state archives.

History of Section. P.L. 1988, ch. 374, § 3; P.L. 1989, ch. 390, § 1.

42-8-14. Repealed.

42-8-15. Deputies and employees.

The secretary of state shall appoint a first deputy secretary of state, a second deputy secretary of state, an assistant in charge of archives, and other necessary employees. These employees shall perform the duties required by this chapter and those other duties that may be specified by the secretary of state; provided, however, that the secretary of state is hereby authorized to appoint, in cases of emergency, an acting deputy to act for the period of such emergency only, who shall have the power and authority as provided above.

History of Section. P.L. 1939, ch. 660, § 33; P.L. 1945, ch. 1542, § 1; G.L. 1956, § 42-8-15 .

42-8-16. Repealed.

42-8-17. Payment of employees.

The general assembly shall annually appropriate such sum as it may deem necessary for the purposes of § 42-8-15 , and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much thereof as may from time to time be required, upon receipt by him or her of proper vouchers approved by the secretary of state.

History of Section. G.L. 1896, ch. 16, § 13; G.L. 1909, ch. 22, § 13; P.L. 1913, ch. 929, § 1; P.L. 1916, ch. 1343, § 1; P.L. 1919, ch. 1745, § 1; P.L. 1920, ch. 1872, § 1; P.L. 1921, ch. 2049, § 1; P.L. 1922, ch. 2171, § 1; G.L. 1923, ch. 21, § 13; P.L. 1925, ch. 624, § 1; P.L. 1929, ch. 1314, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 9, § 13; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 42-8-17 ; P.L. 1988, ch. 84, § 81.

42-8-18. Powers of deputies.

The first deputy shall, in the absence of the secretary of state, do all things by law required of the secretary of state, as fully as the secretary him or herself might or could do; the second deputy shall, in the absence of the secretary of state and the first deputy, do all things by law required of the secretary of state or first deputy, as fully as the secretary of state or the deputy might or could do; and the secretary of state shall be liable for any misconduct, neglect or default of the first deputy or second deputy; provided, however, that the secretary of state is hereby authorized to appoint, in cases of emergency, an acting deputy to act for the period of an emergency only who shall have the power and authority as provided above.

History of Section. G.L. 1896, ch. 16, § 14; G.L. 1909, ch. 22, § 15; G.L. 1923, ch. 21, § 15; P.L. 1923, ch. 458, § 1; G.L. 1938, ch. 9, § 14; P.L. 1945, ch. 1542, § 2; G.L. 1956, § 42-8-18 .

42-8-19. Care of archives.

The secretary of state, having charge of the archives of the state, may employ a suitable person to restore, preserve, classify, and assemble the state archives under his or her direction. The person shall be trained in the care and preservation of archives and the general assembly shall annually appropriate such sum as it may deem necessary for the annual salary of the employee; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum as may be appropriated, or so much thereof as may be from time to time required, upon receipt by him or her of properly authenticated vouchers. There shall also be appropriated for the repair and restoration of the archives and for the necessary supplies therefor, such sums of money as the general assembly shall deem necessary.

History of Section. G.L. 1923, ch. 21, § 17; P.L. 1930, ch. 1610, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 9, § 16; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 42-8-19 .

42-8-20. Fees and charges of secretary.

To the secretary of state there shall be allowed:

1. For every private petition to the general assembly received in either house which shall be continued with order of notice, to be paid to the secretary for the use of the state, by the applicant on continuance of the same, and to be accounted for by the secretary of the state  . . . . .  five dollars ($5.00).
2. For making a certificate and affixing the seal of the state where the state is not a party, to be paid to the secretary for the use of the state, and to be accounted for by him or her to the state  . . . . .  two dollars ($2.00).
3. For making a copy of any document on file in the office of the secretary of state  . . . . .  fifty cents ($.50) per page.
4. For every publication distributed by the secretary of state, a charge of not less than the actual cost and/or delivery thereof.

History of Section. G.L. 1896, ch. 295, § 24; G.L. 1909, ch. 364, § 20; G.L. 1923, ch. 417, § 20; G.L. 1938, ch. 633, § 21; G.L. 1956, § 42-8-20 ; P.L. 1971, ch. 160, § 1; P.L. 1990, ch. 65, art. 43, § 10.

42-8-21. Microfilming of records.

The secretary of state may photograph, micro-photograph, film, or otherwise reproduce all or any part of the records kept by him or her in a manner and on film or paper that complies with the minimum standards of quality approved for reproducing records by the American National Standards Institute, and all these photographs, micro-photographs, films, or other reproductions shall be placed in conveniently accessible files and provisions made for examining and using them. The original records, from which such photographs, micro-photographs, non-erasable optical disks, films, or other reproductions have been made, or any part thereof, may be put in storage anywhere in this state for safe keeping, and any photograph, micro-photograph, optical disk or photo copy or other reproduction thereof shall be admissible as evidence, the same as the original is now; provided, that such copies meet the standards established pursuant to § 38-3-5.1 .

History of Section. G.L. 1956, § 42-8-21 ; P.L. 1960, ch. 5, § 2; P.L. 1988, ch. 446, § 1; P.L. 1989, ch. 203, § 1.

42-8-22. Repealed.

42-8-23. Visitor Center and gift shop.

1. The secretary of state, in conjunction with the office of the governor, may establish and operate a visitor center and gift shop within the state house.
2. The visitor center and gift shop shall be managed by a committee consisting of one member selected by the governor and four (4) members selected by the secretary of state. In making their selections, the governor and the secretary of state shall give due consideration to demonstrated and acknowledged expertise in a diverse range of historical, preservation, community planning, and retail-oriented endeavors. Committee members shall serve for a term of three (3) years. The committee shall file an annual report of operations and fiscal activities with the governor, secretary of state, senate president and house speaker at the end of each fiscal year.
3. The director of the department of administration may allocate and make available within the state house appropriate space for the visitor center and gift shop and appropriate storage space for inventory, fixtures and supplies necessary for the operation of the visitor center and gift shop.
4. There is hereby established in the office of the secretary of state a restricted receipt revolving fund which shall be kept separate and distinct from all other funds. All revenue generated by the visitor center and gift shop shall be deposited into this restricted receipt revolving fund and used to purchase inventory, fixtures and supplies for the visitor center and gift shop and to defray the cost of staffing the visitor center.
5. The operation of the visitor center and gift shop shall be such as not to conflict with any operation pursuant to the provisions of § 40-9-11 .

History of Section. P.L. 1991, ch. 204, § 1; P.L. 1992, ch. 302, § 1; P.L 1995, ch. 370, art. 40, § 128; P.L. 2012, ch. 362, § 1; P.L. 2012, ch. 386, § 1.

42-8-24. Permanent commission on government information.

1. Creation.  There is hereby created a permanent state commission on government information.
2. Composition.  The commission shall consist of ten (10) members: one of whom shall be the governor, or designee; one of whom shall be the secretary of state, or designee; one of whom shall be from the house of representatives, to be appointed by the speaker; one to be appointed jointly by the minority leaders of the house and senate; one of whom shall be from the senate, to be appointed by the president of the senate; one of whom shall be the Director of State Library Services, or designee; four (4) of whom shall be public members, one to be appointed by the governor, one to be appointed by the secretary of state, one to be appointed by the speaker of the house of representatives, and one to be appointed by the president of the senate.
3. Purpose.  The purpose of said commission shall be to develop and recommend to the general assembly and the secretary of state the implementation of government information systems that are readily accessible to the public, coordinate information exchanges between state agencies and develop training programs for state employees in the use of new technologies.
4. Election of chairperson.  The commission will elect a chairperson from its members.
5. Compensation.  The members shall receive no compensation for their service.
6. Facilitation of purposes.  All departments and agencies of the state shall provide any advice, information, documentation and records as the commission deems necessary to facilitate the purposes of this section.

History of Section. P.L. 1992, ch. 29, § 2; P.L. 2001, ch. 180, § 93; P.L. 2004, ch. 6, § 38.

42-8.1-1. Short title.

This chapter shall be known as the “State Archives and Historical Records Act”.

History of Section. P.L. 1989, ch. 341, § 1.

42-8.1-2. Definitions.

For the purpose of this chapter:

1. “Agency” or “public body” means any executive, legislative, judicial, regulatory, administrative body of the state or any political subdivision thereof; including, but not limited to the leadership of the general assembly, chairperson in the house and senate, public officials elected or appointed and any department, division, agency, commission, board, office, bureau, authority, any school, fire, or water district, or other agency or quasi-public agency of state or local government that exercises governmental functions, any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.
2. “Archive” means an establishment maintained primarily for the storage, servicing, security, and processing of records that must be preserved permanently for historical, legal, or other value and need not be retained in office equipment and space.
3. “Archives of the state” means those official records that have been determined by the state archivist to have permanent value to warrant their continued preservation by the state, and have been accepted by the state archivist for deposit in his or her custody.
4. “Authenticated copies” means exact copies or reproductions of records or other materials that are certified as such under seal and that need be legally accepted as evidence.
5. “Custodian” means any authorized person having personal custody and control of the public records in question.
6. “Division” means the division of state archives of the department of state.
7. “Official custodian” means and includes any officer or employee of the state or any agency, institution, or political subdivision thereof, who is responsible for the maintenance, care, and keeping of public records, regardless of whether such records are in his or her actual personal custody and control.
8. “Permanent records” means public records or records  that are established in the records retention schedule at the time of creation, which shall not be destroyed, and are determined to have enduring, legal, and historical value to the state.
9. “Person” means and includes any natural person, corporation, partnership, firm, or association.
10. “Personal paper(s)” means documents unrelated to work but maintained at a place of work by an employee or general officers of the state government of Rhode Island.
11. “Political subdivision” means and includes every city, town, school district, fire district, water or sanitation district, or any other special district or other quasi-public agency within the state.
12. “Public record” or “public records” means public records as defined in chapter 2 of title 38, “Access to Public Records”.
13. “Records” means all books, letters, papers, maps, photographs, tapes, films, sound recordings, machine-readable records, or any other documentary materials, regardless of physical form or characteristics, made or received by any governmental agency, office, or general officer in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official government data contained therein. As used in this part 1, the following are excluded from the definition of records:
    1. Materials preserved or appropriate for preservation because of the value of the data contained therein other than that of an official government nature or because of the historical value of the materials themselves;
    2. Library books, pamphlets, newspapers, or museum material made, acquired, or preserved for reference, historical, or exhibition purposes;
    3. Private papers, manuscripts, letters, diaries, pictures, biographies, books, and maps, including materials and collections previously owned by persons other than the state or any political subdivision thereof;
    4. Extra copies of publications or duplicated documents preserved for convenience of reference; and
    5. Stocks of publications.
14. “State archives” means the official state repository or any other repository approved by the state archivist for long-term or permanent records.
15. “State archivist” means the individual who coordinates, directs, and administers the activities and responsibilities of the state archives.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-3. State archives created.

1. There shall be an establishment known as “the archives of the state of Rhode Island”, also referred to in this chapter as “the state archives” or “the division”.
2. The state archives shall be a division of the department of state, as mandated by § 42-8-19 .
3. Except as provided by §§ 42-10-9 and 38-3-6 , the division shall be the official custodian and trustee for the state of all permanent records, regardless of physical form or characteristics, that are transferred to it from any public office of the state or any political subdivision thereof.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-4. Officers.

1. The chief administrative officer of the division shall be the state archivist.
2. The state archivist shall be appointed by the secretary of state: The state archivist shall be appointed based upon the professional qualifications required to perform the duties and responsibilities of the office of state archivist. The state archivist shall serve at the pleasure of the secretary of state.
3. There shall be in the division a deputy state archivist who shall be appointed by the secretary of state and who shall serve at the pleasure of the secretary of state. The deputy state archivist shall perform such functions as the state archivist shall designate. During any absence or disability of the state archivist, the deputy state archivist shall act as state archivist. In the event of a vacancy in the office of the state archivist, the deputy state archivist shall act as state archivist until a state archivist is appointed under subsection (b) of this section.
4. The state archivist and deputy state archivist shall be compensated at a salary to be determined by the secretary of state, which salary shall be reviewed and approved by the department of administration.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-5. Duties and responsibilities.

1. The state archivist under the direction of the secretary of state shall be responsible for the proper administration of permanent records, including public records with a minimum retention of twenty (20) years, possessing enduring value pursuant to § 38-3-6 . It shall be his or her duty to determine and direct the administrative and technical procedures of the division. He or she shall study the problems of preservation and disposition of records as defined in this chapter and based on the study shall formulate and put into effect, to the extent authorized by law, within the division or otherwise, such programs as he or she deems advisable or necessary for public records of permanent historical or other value by agencies of the state or political subdivisions thereof.
2. The state archives shall reserve and administer those records as shall be transferred to its custody, and accept, arrange, and preserve them, according to approved archival practices and permit them at reasonable times and under the supervision of the division to be inspected, examined, and copied; provided that any record placed in the keeping of the division under special terms or conditions restricting their use shall be made accessible only in accordance with such terms and conditions.
3. The state archivist shall cooperate with and assist insofar as practicable, state institutions, departments, agencies, the counties, municipalities, and individuals engaged in activities in the field of state archives, manuscripts, and accept from any person any papers, books, records, and similar materials that in the judgment of the division warrant preservation in the state archives.
4. Except as otherwise expressly provided by law, the state archivist may delegate any of the functions of the state archivist to officers and employees of the division as the state archivist may deem to be necessary or appropriate. A delegation of the functions by the state archivist shall not relieve the state archivist of responsibility for the administration of the functions.
5. The secretary of state may organize the division as he or she finds necessary or appropriate.
6. The secretary of state may establish advisory committees to provide advice with respect to any function of the state archivist or the division. Members of any such committee shall serve without compensation.
7. The state archivist shall advise and consult with interested federal, state, and local agencies with a view to obtaining their advice and assistance in carrying out the purposes of this chapter.
8. The state archivist shall provide a public research room where, under policies established by the division, the materials in the state archives may be studied.
9. The state archivist shall conduct, promote, and encourage research in Rhode Island history, government, and culture, and maintain a program of information, assistance, coordination, and guidance for public officials, educational institutions, libraries, the scholarly community, and the general public engaged in such research.
10. The state archivist, with the approval of the secretary of state, shall cooperate with and, insofar as practicable, assist agencies, libraries, institutions, and individuals in projects designed to preserve original source materials relating to the state history, government, and culture, and prepare and publish in cooperation with the public records administration, handbooks, guides, indexes, and other literature directed toward encouraging the preservation and use of the state’s documentary resources.
11. [Deleted by P.L. 2022, ch. 127, § 1 and P.L. 2022, ch. 128, § 1.]
12. [Deleted by P.L. 2022, ch. 127, § 1 and P.L. 2022, ch. 128, § 1.]
13. [Deleted by P.L. 2022, ch. 127, § 1 and P.L. 2022, ch. 128, § 1.]

History of Section. P.L. 1989, ch. 341, § 1; P.L. 1992, ch. 240, § 1; P.L. 2004, ch. 6, § 39; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-6. Personnel and services.

1. The secretary of state is authorized to select, appoint, and employ unclassified officers and employees, as are necessary to perform the functions of the state archivist and the division.
2. The secretary of state is authorized to obtain the services of experts and consultants as necessary for the performance of the functions of the state archivist and the division.
3. The state archivist, in carrying out the functions of the state archivist or the division, is authorized to utilize the services of officials, officers, and other personnel in other agencies of the state and its political subdivisions, with the consent of the head of the agency concerned.
4. The state archivist is authorized to accept and utilize voluntary and uncompensated services.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-7. Administration of state archives.

1. The state archivist, whenever it appears to him or her to be in the public interest, is hereby authorized:
   1. To accept for deposit with the state archives the permanent records of any state or local agency, general officer, or of the general assembly;
   2. To provide access to the permanent records of any state or local agency, general officer, or of the general assembly upon transfer in accordance with § 38-2-2 , with exception only for records not deemed public for purposes of § 38-2-2 ;
   3. To direct and effect, with the approval of the head of the originating agency (or if the existence of the agency shall have been terminated, then with the approval of his or her successor in function, if any) the transfer of permanent records into the archives of the state provided, that the title to the records shall be vested in the state archives; and
   4. To direct and effect the transfer of materials from private sources authorized to be received by the state archivist under the provisions of this chapter.
2. The state archivist shall be responsible for the custody, use, and withdrawal of records transferred to him or her; provided, that whenever any records the use of which is subject to statutory limitations and restrictions are so transferred, permissive and restrictive statutory provisions with respect to the examination and use of the records applicable to the head of the agency from which the records were transferred or to employees of that agency shall thereafter likewise be applicable to the archivist, and to the employees of the state archives respectively; provided, further that whenever the head of any agency shall specify in writing restrictions that appear to him or her to be necessary or desirable in the public interest, on the use or examination of records being considered for transfer from his or her custody, the state archivist shall impose such restrictions in accordance with § 38-2-2(4) on the records so transferred, and shall not remove or relax the restrictions without the concurrence in writing of the head of the agency from which the material shall have been transferred (or if the existence of the agency shall have been terminated, then he or she shall not remove or relax such restrictions without the concurrence of the successor in function, if any, of the agency head); provided, however, that statutory and other restrictions referred to in the provisions of this subsection shall remain in force or effect after the records have been in existence for a maximum of fifty (50) years unless the archivist by order shall determine with respect to specific bodies of records that the restrictions shall remain in force and effect for a longer period; and provided further that restrictions on the use or examination of records deposited with the archives of the state heretofore imposed and now in force and effect shall continue in force and effect regardless of the expiration of the tenure of office of the official who imposed them but may be removed or relaxed by the archivist with the concurrence in writing of the head of the agency from which material has been transferred (or if the existence of the agency shall have been terminated, then with the concurrence in writing of his or her successor in function, if any).
3. The state archivist shall make provisions for the preservation, arrangement, repair and rehabilitation, duplication and reproduction (including microfilms), description, and exhibition of records transferred to him or her as may be needful or appropriate. When approved by the secretary of state, he or she may also publish historical works and collections of sources as seem appropriate for printing or otherwise recording at the public expense.
4. The state archivist, with the approval of the secretary of state, shall make provisions and maintain facilities as he or she deems necessary or desirable for servicing records in his or her custody. The facilities shall meet recognized archival standards.
5. The state archivist may accept for deposit pursuant to the state archives collection and acquisition policy, in consultation with agencies, and approved by the secretary of state:
   1. The personal papers and other personal historical documentary materials of predecessors or successors of the following officials: Rhode Island general office holders, general assembly leadership and chairpersons, mayors, and town administrators as the state archivist may designate, offered for deposit under restrictions respecting their use specified in writing by the prospective depositors; provided, that restrictions so specified on the materials, or any portions thereof, accepted by the state archivist for deposit shall have force and effect during the lifetime of the depositor or for a period not to exceed twenty-five (25) years, unless sooner terminated in writing by the depositor or his or her legal heirs; and provided, further, that the state archivist determines that the materials accepted for deposit will have continuing historical or other value;
   2. The original executive orders, official correspondence, and other records of government business of predecessors or successors of the following officials: Rhode Island general office holders, general assembly leadership and chairpersons, mayors, and town administrators;
   3. The original acts, resolutions, and other proceedings of the general assembly shall be deposited and safely kept in the division of state archives of the department of state, and shall not be removed therefrom except upon the order of the general assembly, or upon process issued by the supreme or superior court or by a justice of either of said courts per the provisions of § 43-2-3 ;
   4. Motion-picture films, still pictures, and sound recordings from public and private sources that are appropriate for preservation by the state government as evidence of its organization, functions, policies, decisions, procedures, and transactions. Title to materials so deposited under this subsection shall pass to and vest in the state archives; and
   5. Burial records from any private or nonprofit cemetery association or perpetual care society or any funeral director which has ceased operations.
6. The state archivist is hereby authorized to preserve video tapes, motion-picture films, still pictures, and sound recordings pertaining to and illustrative of the historical development of the state and its activities, and to make provisions for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibiting, and releasing for nonprofit educational purposes, motion-picture films, still pictures, and sound recordings in his or her custody.
7. [Deleted by P.L. 2022, ch. 127, § 1 and P.L. 2022, ch. 128, § 1.]

History of Section. P.L. 1989, ch. 341, § 1; P.L. 1990, ch. 252, § 1; P.L. 1992, ch. 241, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-8. Protection of records.

The division of state archives and every other custodian of public records shall carefully protect and preserve them from deterioration, mutilation, loss, or destruction and, whenever advisable, shall cause them to be properly repaired and restored.

History of Section. P.L. 1989, ch. 341, § 1.

42-8.1-9. Access to public records.

The state archivist, in person or through a deputy, shall have the right of reasonable access to all public records in the state, or any public offices or general officers of the state or any city, municipality, district, or political subdivision thereof, and research, with a view to securing their safety and determining the measures necessary to secure their preservation and conservation.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-10. Determination of value.

Every public officer who has public records in his or her custody shall consult periodically with the state archivist together with the state auditor, and the attorney general, and those officers shall determine whether the records in question are permanent records. Those records unanimously determined not to be permanent records shall be disposed of by the method as specified by § 38-3-6 . A list of all records so disposed of, together with a certification of records destruction certifying compliance with § 38-3-6 , signed by the state archivist, shall be filed and preserved in the office from which the records were drawn. Public records in the custody of the state archivist with the approval of the secretary of state, or designee, may be disposed of based upon approved records control schedules.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-11. Transfer of records to archives.

1. Those records deemed by the public officer having custody thereof to be unnecessary for the transaction of the business of his or her office and yet deemed by the public records administrator, attorney general, or the auditor general and the state archivist to be permanent records shall be transferred, with the consent of the state archivist, to the custody of the division of state archives. A list of all records so transferred, together with a statement certifying compliance with the provisions of this chapter signed by the state archivist, shall be preserved in the files of the office from which the records were drawn and in the files of the division.
2. Those records created or received by general officers, immediate staff, or a unit or individual of the executive office whose function is to advise and assist general officers, in the course of conducting activities  that relate to or have an effect upon the carrying out of the constitutional, statutory, or other official duties carried out on behalf of the state. Such materials shall be transferred at the end of the official’s final term within thirty (30) days of leaving  the office.
3. Items in the care, custody, and trusteeship of the state archivist that are not records as defined by chapter 2 of title 38 and items that are not records that are proposed for disposition but determined to be of historical or museum interest or value by the state archivist may be transferred to the custody of the Rhode Island historical society or other local historical societies.
4. Qualified researchers, scholars, and students and other appropriate persons performing qualified research shall have the right of reasonable access to all records in the custody of the state archivist for purposes of historical reference, research, and information, subject to the provisions of chapter 2 of title 38. Copies of records, having historical, or museum interest or value shall be furnished by the state archivist upon request of any person, society, state agency, or political subdivision, subject to restraints of standard archival practices.
5. In the event of disagreement as to the custody of any records as defined in § 38-3-6 , the archivist with the advice of the attorney general and auditor general shall make final and conclusive determination, and order and direct custody accordingly per § 38-3-6 .

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-12. Violations.

1. [Deleted by P.L. 2022, ch. 127, § 1 and P.L. 2022, ch. 128, § 1.]
2. The attorney general, on behalf of the state and the division of state archives, may replevin any public records that were formerly part of the state of Rhode Island’s records.
3. The administrator is hereby empowered to bring an action in the superior court for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of any provision of this chapter.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 1990, ch. 55, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-13. Legal status of reproductions.

1. When any copy or reproduction, furnished under the terms hereof, is authenticated by the official seal and certified by the state archivist, the copy or reproduction shall be admitted in evidence equally with the original from which it was made.
2. The state archivist or any other public officer of the state or any city, municipality, district, or legal subdivision thereof may cause any or all public records, papers, or documents kept by him or her to be photographed, microphotographed, or reproduced on film or non-erasable optical disc or through other processes that accurately reproduce or form a durable medium for reproducing and preserving the original records. These reproduction processes shall comply with the standards approved for the reproduction of permanent records under § 38-3-5.1 . These photographs, microphotographs, photographic films, optical discs, or other reproductions shall be deemed to be original records for all purposes including introduction in evidence in all courts or administrative agencies. A transcript, exemplification, or certified copy thereof, for all purposes recited in this section, shall be deemed to be a transcript, exemplification, or certified copy of the original.
3. Whenever these photographs, microphotographs, or reproductions on film or non-erasable optical discs, or other reproductions properly certified, are placed in conveniently accessible files and provisions made for preserving, examining, and using the same, any public officer may cause the original records from which the reproductions have been made, or any part thereof, to be disposed of according to methods prescribed by §§ 38-1-10 and 38-3-6 . These copies shall be certified by their custodian as true copies of the originals before the originals are destroyed or lost, and the copies so certified shall have the same force and effect as the originals, provided the copies meet the standards established under § 42-8-4 . Copies of public records transferred from the office of their origin to the division, when certified by the state archivist or the deputy state archivist, shall have the same legal force and effect as if certified by the original custodian of the records.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-14. Limitation on liability.

With respect to letters and other intellectual productions (exclusive of material copyrighted or patented) after they come into the custody or possession of the state archivist, neither the division, the state, nor its agents shall be liable for any infringement of literary priority rights or analogous rights arising thereafter out of use of the materials for display, inspection, research, reproduction, or other purposes.

History of Section. P.L. 1989, ch. 341, § 1.

42-8.1-15. Copying and authenticating charges.

The state archivist may charge a fee set to recover the costs for making or authenticating copies or reproductions of materials transferred to his or her custody. This fee shall be fixed by the secretary of state, at a level which will recover, so far as practicable, all elements of the above costs, and may include increments for the estimated replacement cost of equipment.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-16. Annual report — Disaster preparedness plan.

1. The secretary of state shall submit to the governor, the general assembly, and the state publications clearinghouse an annual report concerning the administration of functions of the state archivist and the division. The report may include a yearly preservation plan for addressing the preservation needs and objectives for the division to be accomplished during the coming year. This report shall include a review of past preservation initiatives within the department as well as the projected cost(s) for new initiatives.
2. The secretary of state shall submit a disaster preparedness plan for the state archives. The plan will be placed on file in a secure location with the secretary of state, the office of library and information services, the Rhode Island emergency management agency, and the division of capital asset management and maintenance and will be updated periodically.

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-17. Duties of agencies.

It shall be the duty of each agency of the state and political subdivision thereof to:

1. Assist in the creation of record control schedules containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect public records created or received by the agency until they have met retention;
2. Cooperate fully with the division in complying with the provisions of this chapter;
3. Establish and maintain an active and continuing program for the preservation of permanent records and assist the division to implement the provisions of this chapter. Agencies that do not transfer permanent records to the state archives shall submit an annual preservation report to the state archives; and
4. Establish necessary safeguards against the removal or loss of records. These safeguards shall include notification to all officials and employees of the agency that no records in the custody of the agency are to be alienated or destroyed except in accordance with the provisions of this chapter, §§ 38-1-10 and 38-3-6 .
5. [Deleted by P.L. 2022, ch 127, § 1 and P.L. 2022, ch 128, § 1.]

History of Section. P.L. 1989, ch. 341, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.1-18. Penalties.

Any officer or employee who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not more than one year.

History of Section. P.L. 1989, ch. 341, § 1.

42-8.1-19. Severability.

The invalidity of any section or part or portion of this chapter shall not affect the validity of the remaining sections or parts thereof.

History of Section. P.L. 1989, ch. 341, § 1.

42-8.1-20. Rhode Island Historical Records Trust established.

1. There is hereby established a special fund to be known as the Rhode Island Historical Records Trust (hereinafter called Trust).
2. There is hereby imposed an additional assessment of four dollars ($4.00) for every instrument filed for recording pursuant to §§ 33-22-21 and 34-13-7 .
3. On the first of every month, the municipal clerk shall transmit to the state archives three dollars ($3.00) of the additional assessment collected under subsection (b) of this section for deposit in the Rhode Island Historical Records Trust. The remaining one dollar ($1.00) of each such additional assessment shall remain with the local government and be deposited in a local Historical Records Trust.
4. All monies retained by a local government shall be placed in a Historical Records Trust Fund maintained by the local government. The expenditure of these monies shall be restricted solely to the preservation of public records of historical value maintained by the municipal clerk or by a municipal archives.
5. Use of these funds by the state archives shall be for the development and ongoing maintenance of a full-time local government records management program component, pursuant to § 38-3-4 , and the state archives and records program. Such program shall be responsible for providing aid, advice, and assistance to all local governments of this state concerning the proper management and preservation of the public records in their custody or care, as required by other provisions of statute. Funds shall be expended to support administrative and other costs associated with the provision of consultative and technical services including, but not limited to, educational programming, micrographics services, and ongoing storage and preservation of local government records.
6. All monies received by the general treasurer and other moneys appropriated or received for the purposes stated in subsection (b) above shall be deposited in a restricted account which shall be administered by the state archives.
7. Each year the state archives shall review and make recommendations on a proposed operational and expenditure plan for the Rhode Island Historical Records Trust.

History of Section. P.L. 1993, ch. 385, § 3; P.L. 1993, ch. 417, § 3; P.L. 2003, ch. 376, art. 31, § 1; P.L. 2007, ch. 73, art. 36, § 1; P.L. 2007, ch. 508, § 1; P.L. 2022, ch. 127, § 1, effective June 21, 2022; P.L. 2022, ch. 128, § 1, effective June 21, 2022.

42-8.2-1. Definitions.

For the purpose of this chapter, the following words shall have the meanings ascribed to them in this section:

1. “Document”  means a gubernatorial proclamation or executive order and an order, regulation, rule, certificate, license or similar instrument, issued, prescribed or promulgated by a state agency, or any proposed administrative rule or regulation;
2. “Office”  means the office of the secretary of state;
3. “Person”  means an individual, partnership, association or corporation;
4. “State agency”  means an executive department, independent board, bureau, agency, institution, commission or separate office of the executive or legislative branch of government but not the judicial branch of government.

History of Section. P.L. 1992, ch. 264, § 1.

42-8.2-2. Custody and printing of state agency documents.

The secretary of state is charged with the custody and with the prompt and uniform printing and distribution of the documents required or authorized to be published by this chapter.

History of Section. P.L. 1992, ch. 264, § 1.

42-8.2-3. Filing documents with secretary of state.

The original and one certified copy of a document required to be published pursuant to § 42-8.2-5 hereof shall be filed with the secretary of state, who, upon receipt of said document, shall record thereon the date and time of said filing. Upon filing, at least one copy shall be immediately available for public inspection in the office. The office shall immediately transmit to the administrative committee of the state register for printing one duplicate original or certified copy of each document required or authorized to be published pursuant to § 43-8.2-5.

History of Section. P.L. 1992, ch. 264, § 1.

42-8.2-4. State register, printing, contents, distribution.

Documents required or authorized to be published by § 42-8.2-5 hereof shall be printed and distributed immediately by the office in a serial publication designated the “state register”. The contents of the daily issues shall be indexed and shall comprise all documents, required or authorized to be published, filed with the office of the secretary of state up to the time of the day immediately preceding the day of distribution fixed by regulation established by said office. Distribution shall be made by delivery or by deposit at a post office box at a time in the morning of the day of distribution fixed by regulations prescribed by the secretary of state. The prices to be charged for the state register may be fixed by the secretary of state.

History of Section. P.L. 1992, ch. 264, § 1; P.L. 2005, ch. 20, § 7; P.L. 2005, ch. 27, § 7.

42-8.2-5. Documents to be published in state register.

There shall be published in the state register:

1. Gubernatorial proclamations and executive orders, except those not having general applicability and legal effect or effective only against state agencies or persons in their capacities as officers, agents, or employees thereof;
2. Documents or classes of documents that the governor may determine from time to time to have general applicability and legal effect;
3. Titles and legal explanations of all bills introduced into the general assembly and the names of the committees to which each is referred, committee schedules and agenda, and all bills enacted into law. However, failure to publish any publication after the event shall not invalidate general assembly action on the bill or resolution; and
4. Other documents or classes of documents authorized to be published by regulations prescribed under this chapter with the approval of the governor or by resolution of the general assembly, but comments or news items of any character may not be published in the state register.

History of Section. P.L. 1992, ch. 264, § 1.

42-8.2-5.1. Gubernatorial executive orders.

The secretary of state shall collect the executive orders of the governor and publish them on the website of the secretary of state arranged by topic and in addition by publishing them in numerical or chronological order.

History of Section. P.L. 2019, ch. 177, § 1; P.L. 2019, ch. 255, § 1.

42-8.2-6. Regulations to be promulgated.

The secretary of state shall prescribe regulations for carrying out this chapter. The regulations shall provide, among other things:

1. The manner of certification of copies required to be certified under § 42-8.2-3 ;
2. The documents which shall be authorized under § 42-8.2-5 to be published in the state register;
3. The manner and form in which the state register shall be printed, reprinted, compiled, indexed, bound and distributed;
4. The number of copies of the state register which shall be printed, reprinted and compiled, the number which shall be distributed without charge to members of the state legislature, officers and employees of the state of Rhode Island or any state agency, for official use, and the number which shall be available for distribution to the public;
5. The price to be charged for individual copies of and subscriptions to the state register and reprints and bound volumes of it; and
6. The secretary of state shall allocate expenses for each agency, board, commission or department.

History of Section. P.L. 1992, ch. 264, § 1; P.L. 2001, ch. 180, § 94; P.L. 2005, ch. 20, § 7; P.L. 2005, ch. 27, § 7.

42-8.2-7. Filing document as constructive notice — Publication as presumption of validity — Judicial notice.

1. A document required to be published by § 42-8.2-5 in the state register is not valid as against a person who has not had actual knowledge thereof until the duplicate originals or certified copies of the document have been filed with the office of the secretary of state and a copy made available for public inspection as provided by § 42-8.2-3 . Unless otherwise specifically provided by statute, filing the document required or authorized to be published by § 42-8.2-5 , except in cases where notice by publication is insufficient in law, is sufficient to give notice of the contents of the document to a person subject to or affected by it.
2. Notice hereunder shall be in addition to all other notices required by the Administrative Procedures Act, chapter 35 of this title, or any other rule or regulation requiring notice. The publication in the state register of a document creates a rebuttable presumption:
   1. That it was duly issued, prescribed or promulgated;
   2. That it was filed with the office of the secretary of state and made available for public inspection at the day and hour stated in printed notation;
   3. That the copy contained in the state register is a true copy of the original; and
   4. That all requirements of this chapter and the regulations prescribed hereunder relative to the document have been complied with. The contents of the state register shall be judicially noticed and without prejudice to any other mode of citation, may be cited by volume and page number.

History of Section. P.L. 1992, ch. 264, § 1; P.L. 2007, ch. 340, § 10.

42-8.2-8. Cost of publication.

1. The cost of printing, reprinting, wrapping, binding, and distributing the state register and regulations promulgated hereunder, and except as provided in subsection (b) hereof, other expenses incurred by the secretary of state in carrying out the duties placed upon him or her by this chapter shall be charged to the revolving fund. Reimbursements for these costs and expenses shall be made by the state controller and credited, together with all receipts.
2. The cost of printing, reprinting, wrapping, binding, and distributing all of the publications of the state register program and other expenses incurred by the secretary of state in connection with such publications, shall be borne by the appropriations to the secretary of state and the appropriations are made available, and are authorized to be increased by additional sums necessary for the purposes, the increases to be based upon estimates submitted by the secretary of state.

History of Section. P.L. 1992, ch. 264, § 1.

42-8.2-9. Code of state regulations.

1. The secretary of state may require, from time to time as he or she considers necessary, the preparation and publication in special or supplemental editions of the state register of the complete codifications of the documents of each agency of state government having general applicability and legal effect, issued or promulgated by the agency by publication in the state register or by filing with the secretary of state, and which rules and regulations are relied upon by the agency as authority for, or are invoked or used by it in the discharge of, its activities or functions, and are in effect as to facts arising on or after dates specified by the secretary of state.
2. A codification published under subsection (a) shall be printed and bound in permanent form and shall be designated as the “Code of State Regulations”. The secretary of state shall regulate the binding of the printed codifications into separate books with a view to practical usefulness and economical manufacture. Each book shall contain an explanation of its coverage and other aids to users that the administrative committee may require. A general index to the entire code of state regulations shall be separately printed and bound.
3. The secretary of state shall regulate the supplementation and the collation and republication of the printed codifications with a view to keeping the code of state regulations as current as practicable. Each book shall be either supplemented or collated and republished at least once each calendar year.
4. The office of the state register shall prepare and publish the codifications, supplements, collations and indexes authorized by this section.
5. The codified documents of the several agencies published in the supplemental addition of the state register under this section, as amended by documents subsequently filed with the office of secretary of state and published in the daily issues of the state register, shall be prima facie evidence of the text of the documents and of the fact that they are in effect on and after the date of publication.
6. The secretary of state shall prescribe regulations for carrying out this section and the fee to be charged to state agencies, boards, commissions, departments, subscribers, and the general public and all independent agencies, boards, commissions, and departments not subject to the control of the state controller.

History of Section. P.L. 1992, ch. 264, § 1; P.L. 2005, ch. 20, § 7; P.L. 2005, ch. 27, § 7.

42-9-1. Head of department — Assistants.

1. There shall be a department of the attorney general. The head of the department shall be the attorney general who shall have supervision over the department and shall appoint thirty (30) assistant attorneys general.
2. The assistant attorneys general shall have powers and duties similar to those imposed upon the attorney general by law and shall be performed under and by the advice and direction of the attorney general. The attorney general shall appoint such special assistant attorneys general as may from time to time be necessary and as shall be authorized by annual appropriation or otherwise provided for in the annual budget adopted by the general assembly, whose powers and duties shall be designated pursuant to § 42-9-2 .

History of Section. P.L. 1939, ch. 660, § 40; G.L. 1956, § 42-9-1 ; P.L. 1967, ch. 84, § 1; P.L. 1980, ch. 21, § 1; P.L. 1989, ch. 125, § 1; P.L. 1991, ch. 313, § 1; P.L. 2001, ch. 406, § 1.

42-9-2. Powers and duties of department — Division of juvenile prosecution established.

1. The attorney general, the assistant attorneys general, and those special assistant attorneys general who have been designated by the attorney general, shall exercise the powers and duties prescribed in and shall enforce the provisions of this chapter and of §§ 12-1-4 — 12-1-12 , and in all other provisions of the general laws and public laws insofar as they relate to the powers and duties of the attorney general. The attorney general shall file notice with the secretary of state and the clerk of the superior court.
2. There shall be established within the department of attorney general a division of juvenile prosecution which shall prosecute all delinquency petitions based on the commission of any offense which if committed by an adult would constitute a capital offense, all delinquency petitions based on the commission of an offense which if committed by an adult would constitute the offense of assault with intent to commit a capital offense, all delinquency petitions based upon the commission of an offense which if committed by an adult would constitute the offense of manslaughter, and all assault offenses which if committed by an adult would constitute a felony. The division of juvenile prosecution shall also have jurisdiction to file petitions pursuant to §§ 14-1-7 and 14-1-7 .1.

History of Section. P.L. 1939, ch. 660, § 41; G.L. 1956, § 42-9-2 ; P.L. 1980, ch. 21, § 1; P.L. 1982, ch. 258, § 1.

42-9-3. Attendance at general assembly and courts — Information on criminal matters.

The attorney general shall give his or her attendance at the general assembly, and at the supreme and superior courts, for the service thereof; and shall give unto those courts due advice and information concerning any criminal matters, breaches of the peace, or wrong done to the state or any of the citizens thereof, that shall come to his or her knowledge.

History of Section. G.L. 1896, ch. 17, § 1; C.P.A. 1905, § 1083; G.L. 1909, ch. 23, § 1; G.L. 1923, ch. 22, § 1; G.L. 1938, ch. 10, § 1; G.L. 1956, § 42-9-3 .

42-9-4. Prosecution of offenses.

1. The attorney general shall draw and present all informations and indictments, or other legal or equitable process, against any offenders, as by law required, and diligently, by a due course of law or equity, prosecute them to final judgment and execution.
2. The duty of the attorney general under this section shall include the duty to prosecute all charges of violations of §§ 31-27-2.1 , 31-27-2.3 , and/or 31-27-2.5 , jurisdiction over the adjudication of which is conferred upon the traffic tribunal under chapter 41.1 of title 31.

History of Section. G.L. 1896, ch. 17, § 2; C.P.A. 1905, § 1084; G.L. 1909, ch. 23, § 2; G.L. 1923, ch. 22, § 2; G.L. 1938, ch. 10, § 2; G.L. 1956, § 42-9-4 ; P.L. 1994, ch. 378, § 1; P.L. 2004, ch. 6, § 40.

42-9-5. Prosecution of other process.

The attorney general shall commence and prosecute to final judgment and execution those other legal or equitable processes, and shall perform those other duties which are or may be required of him or her by law; except insofar as he or she may have been required to act as the legal officer of the department of health, those functions are hereby transferred to the chief counsel of the division of legal services of the department of health.

History of Section. G.L. 1896, ch. 17, § 3; G.L. 1909, ch. 23, § 3; G.L. 1923, ch. 22, § 3; G.L. 1938, ch. 10, § 3; G.L. 1956, § 42-9-5 ; P.L. 1974, ch. 274, § 2; P.L. 1988, ch. 84, § 82.

42-9-6. Legal adviser — Representation of state officers and agencies.

Except as otherwise in the general laws provided, the attorney general, whenever requested, shall act as the legal adviser of the individual legislators of the general assembly, of all state boards, divisions, departments, and commissions and the officers thereof, of all commissioners appointed by the general assembly, of all the general officers of the state, and of the director of administration, in all matters pertaining to their official duties, and shall institute and prosecute, whenever necessary, all suits and proceedings which they may be authorized to commence, and shall appear for and defend the above-named individual legislators, boards, divisions, departments, commissions, commissioners, and officers, in all suits and proceedings which may be brought against them in their official capacity.

History of Section. G.L. 1896, ch. 17, § 4; G.L. 1909, ch. 23, § 4; G.L. 1923, ch. 22, § 4; G.L. 1938, ch. 10, § 4; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 42-9-6 ; P.L. 1974, ch. 274, § 2; P.L. 1975, ch. 248, § 1; P.L. 1979, ch. 181, § 1; P.L. 1982, ch. 267, § 1.

42-9-6.1. Annual report of defense of challenged legislation.

1. The attorney general shall annually on or before the thirty-first (31st) day of January of each year submit a report to the general assembly showing the transactions of his or her office and that of any special counsel appointed by or through his or her office during the previous calendar year in relation to the defense of legislation passed by the general assembly which has been challenged on the grounds that it violates a provision of either the Constitution of the United States or the Constitution of the state of Rhode Island.
2. The report shall include: (1) the name of each case; (2) the bill number of the challenged legislation; (3) the court in which the case was filed; (4) whether the case is being handled directly by the attorney general’s office and/or the name of additional special counsel that have been appointed; (5) a summary of the proceedings including any final disposition of the case; and (6) the cost to the state, as near as may be ascertained, for defending each case.
3. This report shall be a public document.

History of Section. P.L. 2001, ch. 261, § 1; P.L. 2007, ch. 340, § 11.

42-9-7. Approval of land titles and conveyances.

Whenever an appropriation is available for the purpose of purchasing or acquiring land, the officer, board, division, department, or commission authorized to make the purchase or to acquire the land shall not accept any deed nor shall the state controller draw his or her orders upon the general treasurer for the payment for the land until the officer, board, division, department, or commission has obtained an acceptable policy of title insurance covering the real estate. No easement or right-of-way shall be construed to be an encumbrance within the meaning of the preceding sentence.

History of Section. G.L. 1923, ch. 32, § 23; P.L. 1925, ch. 610, § 1; G.L. 1938, ch. 10, § 10; impl. am. P.L. 1939, ch. 660, § 65; P.L. 1946, ch. 1771, § 1; G.L. 1956, § 42-9-7 ; P.L. 2002, ch. 401, § 1.

42-9-8. Repealed.

42-9-8.1. Office of investigation — Powers and duties of investigators.

1. Establishment.  There is hereby established within the department of attorney general an office of investigation.
2. Scope and purpose.  The scope and purpose of the office of investigation shall be:
   1. To assist special assistant and assistant attorneys general in carrying out investigations relating to grand jury investigations, pre-trial preparation and other litigation efforts;
   2. To coordinate their efforts in investigating criminal activity with existing federal, state and local law enforcement resources; and
   3. To initiate criminal investigations for violations of the law at the direction of the attorney general.
3. Composition and powers.  The office of investigation shall consist of a chief, field investigators, all of whom shall be designated by the attorney general, and support personnel. The chief and the field investigators shall have the following powers:
   1. The power to arrest independently or in conjunction with local, state or federal law enforcement agencies;
   2. The power to, with the written authorization by the attorney general or his or her designated deputy, apply for and execute search warrants; and
   3. The power to serve civil and criminal process.
4. Qualifications.  No person shall be appointed as chief of the office of investigation or as a field investigator in the office unless he or she has successfully completed the basic course of instruction for police officers at the Providence police training academy, the Rhode Island municipal police training academy, or the Rhode Island state police training academy, and has at least three (3) years of active law enforcement experience, or has served as a member of the United States Marshal’s Service or as a special agent of the Federal Bureau of Investigation, a criminal law enforcement agency of the United States Department of Justice, the United States Department of State, the United States Department of the Treasury or the United States Postal Inspection Service and has at least three (3) years of active law enforcement experience, or has been certified as a police officer by the duly-constituted state commission on police officer standards and training of another state, and has at least three (3) years of active law enforcement experience.
5. Appointment background check.  The attorney general shall appoint the chief, field investigators, and the support personnel of the office of investigation. Prior to the appointment of any individuals, a background examination shall be conducted utilizing federal, state and local law enforcement agencies, bureau of criminal identification, national crime information center, and any and all relevant records existing within the federal and state court systems.
6. Standards.  The office shall adopt and implement such standards as may be applicable to its scope and purpose as promulgated by the commission for the accreditation of law enforcement agencies.

History of Section. P.L. 1987, ch. 600, § 1; P.L. 1992, ch. 286, § 5; P.L. 2007, ch. 340, § 11; P.L. 2012, ch. 402, § 1; P.L. 2012, ch. 419, § 1.

42-9-8.2. Local police officers assigned to attorney general.

Local police officers assigned to the attorney general for the purposes of a specific investigation shall exercise the same powers of arrest exercised by an investigator if the power is exercised in that investigation. If a local police officer is assigned to the department of attorney general for the purpose of investigation into criminal matters, generally, he or she shall exercise the same powers of arrest exercised by an investigator. The authorization for such local police officers acting under the authority of this statute shall be on file at the department of attorney general, and the police officer’s local department. A local police officer’s power of arrest obtained pursuant to this section shall be authorized only for as long as he or she is under the direct supervision of the department of the attorney general. The officer’s assignment shall be a one year appointment unless sooner terminated by the attorney general and the attorney general shall have the authority to reappoint a local police officer to an additional one year term.

History of Section. P.L. 1992, ch. 286, § 6.

42-9-9. Oath of assistants — Tenure of office.

The several assistant attorneys general shall take the engagement prescribed by § 36-1-2 before a justice of the supreme court and shall hold office during the pleasure of the attorney general.

History of Section. G.L. 1896, ch. 17, § 6; G.L. 1909, ch. 23, § 6; P.L. 1912, ch. 778, § 2; G.L. 1923, ch. 22, § 6; G.L. 1938, ch. 10, § 6; G.L. 1956, § 42-9-9 .

42-9-10. Salaries as full payment.

The salaries of the attorney general and of the assistant attorneys general shall be in full payment for all services appertaining to the offices of attorney general and assistant attorneys general, respectively.

History of Section. G.L. 1896, ch. 17, § 7; G.L. 1909, ch. 23, § 7; G.L. 1923, ch. 22, § 7; G.L. 1938, ch. 10, § 7; G.L. 1956, § 42-9-10 .

42-9-11. Employees of office — Payment of expenses.

The attorney general is hereby authorized and empowered to employ in his or her office such clerical assistance as he or she may require in the discharge of his or her duties as attorney general, and the general assembly shall annually appropriate such sums, and make other provisions in the annual budget, as may be necessary for the payment of clerical assistance, for general expenses and supplies, and for the employment of special counsel and investigators in the attorney general’s department, and for the employment of all employees who shall not be in the classified service of the state nor be subject in any manner or control by the personnel administrator or by any person other than the attorney general. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of that clerical assistance, out of any money in the treasury not otherwise appropriated, upon receipt by him or her of proper vouchers approved by the attorney general.

History of Section. G.L. 1896, ch. 17, § 8; P.L. 1897, ch. 476, § 1; P.L. 1906, ch. 1321, § 1; G.L. 1909, ch. 23, § 8; P.L. 1920, ch. 1873, § 1; G.L. 1923, ch. 22, § 8; P.L. 1923, ch. 479, § 1; P.L. 1929, ch. 1414, § 1; P.L. 1930, ch. 1539, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 10, § 8; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 42-9-11 ; P.L. 1976, ch. 340, § 1; P.L. 2001, ch. 406, § 1.

42-9-12. Annual law enforcement report.

1. The attorney general shall annually on or before the thirtieth (30th) day of June make a report in writing to the governor showing the transactions of his or her office in relation to the enforcement of law during the prior year ending on the thirty-first (31st) day of December.
2. The report shall show for each of the counties of the state the number of non-warranted indictments and information cases pending at the beginning of the year, and the number of warranted indictments and information cases pending at the beginning of the year, the number of indictments returned and informations filed during the year, the number of indictments and informations disposed of during the year:
   1. By jury trial;
   2. By jury waived trial;
   3. Without jury trial on plea of guilty or nolo; and
   4. By a nol pros; and the number of non-warranted and warranted indictments and informations pending at the end of the year.
3. The report shall also show, in regard to appeals from the several district courts to the superior court in cases of violation of law, the number of non-warranted appeals pending at the beginning of the year, and the number of warranted appeals pending at the beginning of the year, the number taken during the year, the number disposed of during the year:
   1. By jury trial;
   2. By jury-waived trial;
   3. Without jury trial on plea of guilty or nolo; and
   4. Or by a discontinuance; and the number of non-warranted and warranted appeals pending at the close of the year.
4. The report shall also show the number of offenders punished by sentence or imprisonment, or by the payment of a fine, or by both fine and imprisonment, or by suspended or deferred sentence or probation.
5. The report shall be subdivided to show the sex of the offenders and the age of the offenders, arranged by decades. The report shall be compiled using statistics provided by the Rhode Island statewide judicial information system.

History of Section. G.L. 1923, ch. 22, § 10; P.L. 1928, ch. 1184, § 1; G.L. 1938, ch. 10, § 9; G.L. 1956, § 42-9-12 ; P.L. 1982, ch. 227, § 1; P.L. 1991, ch. 325, § 1.

42-9-12.1. Annual gun crimes law enforcement report.

1. The attorney general shall annually, on or before March 31, make a report in writing to the general assembly showing the transactions of the attorney general’s office in relation to the enforcement of law with respect to crimes involving a gun during the prior year ending on December 31.
2. The report shall contain the total number of cases with respect to charges involving a firearm in all courts in the state of Rhode Island filed during the calendar year. The report shall also contain all cases with respect to charges involving a firearm that have been disposed of during the calendar year:
   1. By trial;
   2. [Deleted by P.L. 2021, ch. 261, § 1 and P.L. 2021, ch. 268, § 1.]
   3. Without jury trial on plea of guilty or nolo contendere; and
   4. By a nol pros; and the number of non-warranted and warranted indictments and informations pending at the end of the year.
3. The report shall also show the disposition of each case, with the sentences and fines specified in each instance.
4. The report shall be subdivided by and specifically include each court docket number and the charge or charges associated with it.
5. For each report beginning with the report due March 31, 2023, the reports shall show whether the firearm or firearms at issue in each case was a rifle, semi-automatic rifle, shotgun, revolver, semi-automatic handgun, or miscellaneous firearm.
6. The report shall be compiled using statistics provided by the Rhode Island statewide judicial information system and may be supplemented by data maintained by the attorney general’s office.

History of Section. P.L. 2018, ch. 319, § 1; P.L. 2018, ch. 347, § 1; P.L. 2021, ch. 261, § 1, effective July 14, 2021; P.L. 2021, ch. 268, § 1, effective July 14, 2021.

42-9-13. Repealed.

42-9-14 — 42-9-16. Repealed.

42-9-17. Repealed.

42-9-18. Reports, use of experts, and costs.

1. Notwithstanding the provisions of § 23-17.14-13 , the department of attorney general, may in effectuating the purpose of:
   1. The Hospital Conversion Act pursuant to chapter 17.14 of title 23; or
   2. Any non-profit hospital service corporation conversion; or
   3. Non-profit medical service corporation conversion; or
   4. Any health care conversion; engage experts or consultants including but not limited to, actuaries, investment bankers, accountants, attorneys, or industry analysts.
2. All copies of reports prepared by experts and consultants, and costs associated with those reports, shall be made available to the transacting parties and to the public.
3. All costs incurred under the provisions of this section are the responsibility of the one or more transacting parties in an amount to be determined by the attorney general.

History of Section. P.L. 1999, ch. 31, art. 10, § 1; P.L. 2007, ch. 340, § 11.

42-9-19. Acceptance of settlements — Attorney General settlement restricted account.

1. The attorney general is hereby authorized and empowered to accept in the name of the state any settlement resulting from a multi-state initiative. The attorney general is additionally authorized and empowered to recover attorney’s fees and costs that shall be considered settlement proceeds for purposes of this chapter.
2. The settlement proceeds shall be transferred to the general treasurer for deposit in the general fund. The general treasurer shall transfer proceeds, up to seven hundred and fifty thousand dollars ($750,000) in any fiscal year, to the “attorney general multi-state initiative restricted-receipt account.” Any balance in excess of seven hundred and fifty thousand dollars ($750,000) remaining in the account at the end of the fiscal year shall be transferred back to the state general fund. The restricted-receipt account shall be used to pay for staff, operational, and litigation costs associated with multi-state initiatives.
3. Expenditure of all settlement proceeds accepted by the attorney general as part of the terms of the relevant master settlement agreement shall be subject to the annual appropriation process and approval by the general assembly.

History of Section. P.L. 2003, ch. 376, art. 39, § 1; P.L. 2019, ch. 88, art. 2, § 11; P.L. 2021, ch. 162, art. 3, § 10, effective July 6, 2021.

42-9.1-1. Legislative Findings.

The general assembly finds and declares:

1. All citizens of Rhode Island should have access to quality and affordable health care;
2. The demanding business environment in which health care is delivered requires that the public have an advocate to assure that the policy and goal of assuring quality, affordable health care is achieved and maintained;
3. The department of attorney general, as the state’s legal advisor, advocate parens patriae, and protector of the public trust and charitable assets, and by constitution and statute for the people of the state, has the authority to advocate for and on behalf of the citizens of Rhode Island to assure that quality health care standards are met;
4. In order to protect public health and welfare and public and charitable assets, it is necessary to establish and fund an office of health care advocate within the department of attorney general.

History of Section. P.L. 1999, ch. 162, § 1; P.L. 1999, ch. 369, § 1.

42-9.1-2. Establishment.

1. There shall be established within the department of attorney general an office of health care advocate. The health care advocate shall be an assistant or special assistant attorney general to be appointed by the attorney general. The health care advocate is authorized to perform the following duties as the attorney general may direct:
   1. Appear as an amicus curiae in civil actions involving any health care quality standard or issue as determined by the attorney general;
   2. Intervene in or request initiation of administrative actions related to health care or health insurance by the state or any agency thereof as determined by the attorney general;
   3. Review complaints and conduct any investigations deemed by the attorney general necessary to assure quality health care delivery;
   4. Assist and cooperate with the director of any state department or person in charge of any state agency, in the investigation of any complaints, occurrences, conditions, or practices with respect to inadequacies in health care or health insurance;
   5. To take all necessary and appropriate action, including but not limited to public education, legislative advocacy, and where authorized by law to institute formal legal action, to secure and insure compliance with the provisions of titles 23 and 27 and to advocate for any changes necessary to support the goal of quality and affordable health care for all citizens of Rhode Island.
2. For the purposes of this section, “health care quality standard” means any statute, ordinance, limitation, regulation, rule, order, license, stipulation, agreement, or permit of the state, or any agency of the state.

History of Section. P.L. 1999, ch. 162, § 1; P.L. 1999, ch. 369, § 1; P.L. 2007, ch. 340, § 12.

42-9.1-3. Department cooperation.

The health care advocate shall cooperate with the directors of the departments of health and business regulation to assure good quality and affordable health care.

History of Section. P.L. 1999, ch. 162, § 1; P.L. 1999, ch. 369, § 1.

42-9.1-4. No derogation of attorney general.

1. No provision of this chapter shall derogate from the common law or statutory authority of the attorney general nor shall any provision be construed as a limitation on the common law or statutory authority of the attorney general, including the authority to investigate at any time charitable trusts for the purpose of determining and ascertaining whether they are being administered in accordance with law and with terms and purposes thereof.
2. No provision of this chapter shall be construed as a limitation on the application of the doctrine of cy pres or any other legal doctrine applicable to charitable assets and/or charitable trusts.
3. No provisions of this chapter shall derogate from the statutory authority of the department of health or any other department of the state.

History of Section. P.L. 1999, ch. 162, § 1; P.L. 1999, ch. 369, § 1.

42-9.1-5. Powers of the attorney general.

1. The health care advocate shall be entitled to receive confidential health care information available to the department of health and to law enforcement to the extent authorized by, and in accordance with the provisions of chapter 37.3 of title 5, the confidentiality of health care communications and information act. Any such information shall not be disclosed by the health care advocate except pursuant to judicial process and shall not be used against a patient in any civil or criminal proceeding or in any other matter.
2. Any confidential health care information received pursuant to this chapter shall not include the name, address or social security number of the patient or other such information that specifically identifies a patient. Upon the completion of any investigation, administrative or legal action, all records obtained by the health care advocate pursuant to this section shall be destroyed. All costs incurred in providing the health care advocate with any information pursuant to this section shall be borne by the provider.

History of Section. P.L. 1999, ch. 162, § 1; P.L. 1999, ch. 369, § 1.

42-9.1-6. Immunity.

In the absence of malice or bad faith, any health care provider or entity licensed by the state of Rhode Island, or an authorized agent of such health care provider or entity, who upon request by the attorney general provides information that is not identifiable to a specific person to the attorney general in accordance with this chapter shall be immune from prosecution for the release of such information that is not identifiable to a specific person to the attorney general and shall not be liable in any way for damages to any individual for the release of such information to the attorney general. Nothing herein is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by such health care provider or entity or its agents.

History of Section. P.L. 1999, ch. 162, § 1; P.L. 1999, ch. 369, § 1.

42-9.2-1. Legislative findings.

The general assembly finds and recognizes that:

1. The proportion of Rhode Island’s population that is sixty (60) years or older will dramatically increase in the next thirty (30) years.
2. Elder abuse, neglect and exploitation have no boundaries, and cross all racial, socio-economic, gender and geographic lines.
3. The federal government or congress has been slow to enact legislation to respond to the needs of victims of elder abuse, neglect and exploitation or to undertake prevention efforts.
4. All citizens of Rhode Island should be protected from elder abuse, neglect and exploitation.
5. That the public will benefit from a coordinated, multi-agency effort to ensure that the policy goals and laws established to protect Rhode Island’s seniors from elder abuse, neglect and exploitation are achieved and enforced.
6. In order to protect the public safety, health and welfare of Rhode Island’s elder population, the general assembly finds it necessary to establish and fund an elder justice prosecution unit within the department of attorney general.

History of Section. P.L. 2005, ch. 331, § 1; P.L. 2005, ch. 398, § 1.

42-9.2-2. Definitions.

As used in this chapter:

1. “Abuse”  means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.
2. “Caregiver”  means any person who is for a significant period of time the primary caregiver and/or is primarily responsible for the management of the funds of a senior.
3. “Elder”  means an individual sixty (60) years or older.
4. “Elder justice”  means efforts to prevent, detect, treat, intervene in and prosecute elder abuse, neglect and exploitation and to protect elders while maximizing their autonomy as well as the recognition of an elder’s rights, including the right to be free of abuse, neglect and exploitation.
5. “Exploitation”  means the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an elder of rightful access to or use of, benefits, resources, belongings, or assets by use of undue influence, harassment, duress, deception, false representation or false pretenses.
6. “Neglect”  means the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an elder.

History of Section. P.L. 2005, ch. 331, § 1; P.L. 2005, ch. 398, § 1.

42-9.2-3. Establishment.

There shall be established and funded within the department of attorney general an elder justice prosecution unit. The elder justice prosecution unit shall be an assistant or special assistant attorney general appointed by the attorney general. Additionally, the unit shall have both an inspector and paralegal to be appointed by the attorney general. The elder justice prosecution unit is authorized to perform the following duties as the attorney general may direct:

1. Prosecute cases relating to elder abuse, neglect and exploitation;
2. Educate law enforcement department of elderly affairs personnel on investigative issues unique to elder justice;
3. Intervene in, or request that the state or any agency thereof initiate administrative, legal and legislative actions related to elder justice issues as determined by the attorney general.

History of Section. P.L. 2005, ch. 331, § 1; P.L. 2005, ch. 398, § 1.

42-9.3-1. Establishment.

There shall be established within the department of attorney general an office of civil rights advocate. The civil rights advocate shall be appointed by the attorney general and is authorized to perform his or her duties as the attorney general may direct, including, but not limited to, training and education, reviewing complaints and conducting investigations, and bringing civil actions under this chapter.

History of Section. P.L. 2005, ch. 377, § 1; P.L. 2005, ch. 393, § 1.

42-9.3-2. Action by attorney general.

1. Whenever any person, whether or not acting under color of law, intentionally interferes or threatens to intentionally interfere, by physical force or violence against a person, by damage or destruction of property or by trespass on property, with the exercise or enjoyment by any other person of rights secured by the United States Constitution or the laws of the United States or of rights secured by the Constitution of Rhode Island or laws of the state, the attorney general may bring a civil action for injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment of the rights secured.
2. A civil action under this chapter shall be brought in the name of the state for or on behalf of any person so aggrieved and shall be instituted in the superior court for the county where the alleged victim resides or has a principal place of business or where the alleged violation occurred or is threatened.

History of Section. P.L. 2005, ch. 377, § 1; P.L. 2005, ch. 393, § 1.

42-9.3-3. Penalties.

Each violation of this chapter is a civil violation for which a civil penalty of not more than five thousand dollars ($5,000) for each defendant may be adjudged. This penalty shall be paid to the general fund after the attorney general is reimbursed for costs of bringing the action. Said penalty shall not serve as a defense to or in mitigation of any action for damages brought by any person so aggrieved.

History of Section. P.L. 2005, ch. 377, § 1; P.L. 2005, ch. 393, § 1.

42-9.3-4. Severability.

If any provision or part of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions or parts of this section are severable.

History of Section. P.L. 2005, ch. 377, § 1; P.L. 2005, ch. 393, § 1.

42-10-1. General treasurer — Duties in general.

There shall be a treasury department. The head of the treasury department shall be the general treasurer. The general treasurer shall perform the duties required by this chapter, chapters 11 and 15 of title 5; chapter 4 of title 35; chapter 21 of title 44; and all other provisions of the general laws and public laws insofar as those powers and duties relate to the general treasurer and the treasury department. He or she shall receive all revenues of the state except as may otherwise be specified by law. He or she shall disburse only such sums of money as are authorized by the department of administration, except as may otherwise be provided by law.

History of Section. P.L. 1939, ch. 660, § 50; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 42-10-1 .

42-10-2. Bond of treasurer.

The general treasurer shall, before entering upon the duties of his or her office, give bond to the state with sufficient sureties to the satisfaction of the governor in the sum of five hundred thousand dollars ($500,000), for the true and faithful discharge of the duties of his or her office; which bond shall be deposited with and kept by the secretary of state.

History of Section. G.L. 1896, ch. 34, § 1; G.L. 1909, ch. 43, § 1; P.L. 1910, ch. 559, § 1; G.L. 1923, ch. 44, § 1; G.L. 1938, ch. 24, § 1; G.L. 1956, § 42-10-2 ; P.L. 1977, ch. 196, § 1.

42-10-3. Deputy treasurers — Appointment and bond.

The general treasurer is hereby empowered, from time to time, to appoint one or more deputies under him or her who shall be engaged to the faithful performance of his or her duties, and shall, before entering the duties of his or her office, give bond to the state with sufficient sureties to the satisfaction of the governor, in the sum of five hundred thousand dollars ($500,000) for the true and faithful performance of the duties of his or her office; which bond shall be deposited with and kept by the secretary of state. The general treasurer shall be liable for any misconduct, neglect, or default of those deputies.

History of Section. P.L. 1923, ch. 454, § 1; G.L. 1938, ch. 25, § 1; G.L. 1956, § 42-10-3 ; P.L. 1977, ch. 196, § 1; P.L. 1985, ch. 181, art. 5, § 1.

42-10-4. Delegation of powers to deputies.

The general treasurer may, from time to time in writing, authorize the deputies to do any and all things required of the general treasurer, and the acts of the deputies so authorized shall have the same legal effect as if done by the general treasurer, provided, however, that in no case shall the deputies have power to sign the bonds, notes or other evidences of indebtedness of the state, and provided, further, that the authorization may be terminated at the pleasure of the general treasurer.

History of Section. P.L. 1923, ch. 454, § 2; G.L. 1938, ch. 25, § 2; G.L. 1956, § 42-10-4 ; P.L. 1985, ch. 181, art. 5, § 1.

42-10-5. Tenure of deputies.

The deputies shall hold office at the pleasure of the general treasurer.

History of Section. P.L. 1923, ch. 454, § 3; G.L. 1938, ch. 25, § 3; G.L. 1956, § 42-10-5 ; P.L. 1985, ch. 181, art. 5, § 1.

42-10-6. Employment of assistance.

The general treasurer may employ a clerk in his or her office, and such additional clerical assistance as he or she may require in the discharge of his or her duties.

History of Section. G.L. 1896, ch. 33, § 20; P.L. 1898, ch. 600, § 1; G.L. 1909, ch. 43, § 21; G.L. 1923, ch. 44, § 21; G.L. 1938, ch. 24, § 21; G.L. 1956, § 42-10-6 .

42-10-7. Seal of office.

The general treasurer shall continue to use a seal in his or her office. The form of an anchor shall be engraved on said seal; the motto thereof shall be the word “Hope”; and in a circle around the same shall be engraved the words, “General Treasurer of the State of Rhode Island”.

History of Section. G.L. 1896, ch. 33, § 19; G.L. 1909, ch. 43, § 20; G.L. 1923, ch. 44, § 20; G.L. 1938, ch. 24, § 20; G.L. 1956, § 42-10-7 .

42-10-8. Office of treasurer — Hours open.

The office of the general treasurer shall be in the state house, and shall, except as provided by § 25-1-5 , be kept open daily, except Saturdays, Sundays and holidays.

History of Section. G.L. 1896, ch. 33, § 2; P.L. 1901, ch. 852, § 7; G.L. 1909, ch. 43, § 2; G.L. 1923, ch. 44, § 2; G.L. 1938, ch. 24, § 2; impl. am. P.L. 1953, ch. 3075, § 1; G.L. 1956, § 42-10-8 ; P.L. 1994, ch. 427, § 1.

42-10-9. Custodian of state property.

The general treasurer shall, except as otherwise provided, personally attend to his or her official duties; he or she shall be the keeper of the certificates of stocks, notes, and other evidences of property belonging to the permanent school fund and the Touro fund, and of all other property belonging to the state or held by the state in trust; and he or she shall collect the dividends, interest, and income arising from the above mentioned property, and shall dispose of them according to law.

History of Section. G.L. 1896, ch. 33, § 3; G.L. 1909, ch. 43, § 3; G.L. 1923, ch. 44, § 3; G.L. 1938, ch. 24, § 3; G.L. 1956, § 42-10-9 .

42-10-10. Money accounts.

The general treasurer shall keep a fair and correct account of all sums of money received into and paid from the treasury during the year.

History of Section. G.L. 1896, ch. 33, § 6; G.L. 1909, ch. 43, § 6; G.L. 1923, ch. 44, § 6; G.L. 1938, ch. 24, § 6; G.L. 1956, § 42-10-10 .

42-10-11. Appropriation accounts.

The general treasurer shall keep an account with each appropriation made by the general assembly, and with each salaried officer of the state, in which he or she shall credit the object for which the appropriation is made with the amount appropriated to the object, and shall charge each appropriation with the payments made by him or her on that appropriation on the orders of the state controller.

History of Section. G.L. 1896, ch. 33, § 7; G.L. 1909, ch. 43, § 7; G.L. 1923, ch. 44, § 7; G.L. 1938, ch. 24, § 7; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 42-10-11 .

42-10-12. Bond accounts — Bond capital fund.

1. The general treasurer shall keep an account with each issue of the state bonds, in which account the state shall be charged with the amount of the bonds contained in that issue and in which the numbers of the bonds shall be set forth; and the state shall be credited with the payments made on account of those bonds, indicating by their numbers in the account the particular bonds on account of which the payments shall be made.
2. Notwithstanding the provisions of any law relative to the issuance of specific bonds to the contrary, all separate bond funds in existence on May 10, 1977, shall be consolidated into one fund which shall be designated the “bond capital fund”. The general treasurer shall keep account of the amount of the funds in the “bond capital fund” attributable to the sale of all past and future bond issues.

History of Section. G.L. 1896, ch. 33, § 8; G.L. 1909, ch. 43, § 8; G.L. 1923, ch. 44, § 8; G.L. 1938, ch. 24, § 8; G.L. 1956, § 42-10-12 ; P.L. 1977, ch. 127, § 1.

42-10-13. Payments from treasury.

The general treasurer shall pay from the state treasury on orders of the state controller such sums of money as may from time to time be required for the payment of the principal and interest on the bonded debt, for lawful orders of the governor, and for appropriations made by the general assembly, but no money shall be paid from the treasury, except for principal and interest due on the bonded debt, unless it shall have been appropriated to the purposes for which it is to be paid and upon orders of the state controller.

History of Section. G.L. 1896, ch. 33, § 10; G.L. 1909, ch. 43, § 10; G.L. 1923, ch. 44, § 10; P.L. 1930, ch. 1519, § 1; G.L. 1938, ch. 24, § 10; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 42-10-13 .

42-10-13.1. Federal tax identification number required.

Before any organization receives a state grant or is appropriated a certain sum of money, said organization shall be required to provide their federal tax identification number or if applicable that it is in compliance with § 501(c)(3) [26 U.S.C. § 501(c)(3)] of the federal internal revenue code.

History of Section. P.L. 1993, ch. 117, § 1.

42-10-14. Medium of bond payments.

The interest and principal of all notes or bonds of this state when due, shall be paid in gold coin of the United States of the present standard of weight and fineness, or its equivalent.

History of Section. P.L. 1896, ch. 413, § 1; G.L. 1909, ch. 43, § 11; G.L. 1923, ch. 44, § 11; G.L. 1938, ch. 24, § 11; G.L. 1956, § 42-10-14 .

42-10-15. Requiring payment of revenues.

The general treasurer shall require the payment of all balances due into the treasury referred to in § 35-6-34 .

History of Section. G.L. 1938, ch. 24, § 18; G.L. 1956, § 42-10-15 .

42-10-16. Report and prosecution of delinquencies in payment.

The general treasurer shall report to the attorney general every person or town neglecting to pay, at the times required by law, any sum of money due to the state, including any sum which may be due as a result of a delinquency under chapter 6 of title 35, and the attorney general shall prosecute every such delinquent according to law.

History of Section. G.L. 1896, ch. 33, § 17; G.L. 1909, ch. 43, § 18; G.L. 1923, ch. 44, § 18; G.L. 1938, ch. 24, § 19; G.L. 1956, § 42-10-16 .

42-10-17. Annual report to general assembly.

1. The general treasurer shall present to the general assembly on or before the tenth (10th) day of October in each year a report of the business transacted by his or her office during the fiscal year or period next preceding, showing receipts and payments from the general treasury and from all other funds and accounts under his or her control. The general treasurer shall report the balance on hand in each of those funds at the close of the last fiscal year or period, the banks in which the funds are deposited and the rate of interest paid thereon. The general treasurer shall give in the report a detailed statement of the receipts of the state treasury showing the several sources of revenue, the amount received from each source, and the account of taxes received, but only an abstract of the report shall be printed.
2. The report shall include, so long as any state funds or pension funds remain invested in any corporation doing business in South Africa, a report showing which investments have been sold in the previous year in conformity with the requirements of § 35-10-12 , the aggregate value of those investments at the time of divestment, and the aggregate value of those investments as a percentage of total investment at the end of the previous year.

History of Section. G.L. 1896, ch. 33, § 11; P.L. 1901, ch. 809, § 5; G.L. 1909, ch. 43, § 12; P.L. 1921, ch. 2038, § 2; G.L. 1923, ch. 44, § 12; P.L. 1929, ch. 1349, § 2; G.L. 1938, ch. 24, § 12; G.L. 1956, § 42-10-17 ; P.L. 1985, ch. 336, § 2; P.L. 1994, ch. 427, § 2.

42-10-18. Contents of annual report.

The report required by § 42-10-17 shall show the payments from each appropriation, whether from an annual or special appropriation and on account of what department, office, board, division, or commission, or for what purpose the payments were made. The statement of payments shall also be arranged so that the report will readily indicate the amounts expended respectively for education, courts, legislature, health, agriculture, highways and bridges, military affairs, penal and charitable, care and repair of public property, sinking fund, interest, and general administration.

History of Section. G.L. 1896, ch. 33, § 12; G.L. 1909, ch. 43, § 13; P.L. 1921, ch. 2038, § 3; G.L. 1923, ch. 44, § 13; G.L. 1938, ch. 24, § 13; G.L. 1956, § 42-10-18 .

42-10-19. Separation of receipts in report.

In the account of moneys received from the different courts, the general treasurer shall state separately the amounts received from the following sources: (1) entries; (2) other costs; (3) fines; (4) miscellaneous; and he or she shall also state the amounts of revenue received from all other sources, under appropriate heads.

History of Section. G.L. 1896, ch. 33, § 13; G.L. 1909, ch. 43, § 14; G.L. 1923, ch. 44, § 14; G.L. 1938, ch. 24, § 14; G.L. 1956, § 42-10-19 .

42-10-20. Report on indebtedness.

The accounts shall also contain a statement of the bonded debt of the state, the amount of each issue outstanding, and the time when the bonds mature and are payable, together with the gross amount of the annual interest thereon and the amount of interest paid, and the amount of coupons due and unpaid, and of the bonds retired since the making of the last previous report.

History of Section. G.L. 1896, ch. 33, § 14; G.L. 1909, ch. 43, § 15; G.L. 1923, ch. 44, § 15; G.L. 1938, ch. 24, § 15; G.L. 1956, § 42-10-20 .

42-10-21. Report on special funds.

The accounts shall also contain a statement of the receipts and expenditures on account of the permanent school fund, the Touro fund, and Rhode Island veterans’ home burial lot, under appropriate headings, together with the state and amount of those funds and how the funds are invested. The general treasurer shall also in the report state any other expenses particularly, under such headings as he or she may deem necessary for the better information of the general assembly.

History of Section. G.L. 1896, ch. 33, § 15; G.L. 1909, ch. 43, § 16; G.L. 1923, ch. 44, § 16; G.L. 1938, ch. 24, § 16; impl. am. P.L. 1949, ch. 2166, § 1; G.L. 1956, § 42-10-21 .

42-10-22. Report of amounts receivable — Law violations.

The general treasurer shall, with the report, report all those sums of money which within his or her knowledge shall be due to the state from any person, corporation or town, by virtue of any of the revenue laws, and what amount from each; and also report all breaches or want of enforcement of the license law, or any other of the revenue laws of the state, by any person or town, as shall come to his or her knowledge, or as may in his or her opinion exist, whereby the state may be defrauded of any of its revenue.

History of Section. G.L. 1896, ch. 33, § 16; G.L. 1909, ch. 43, § 17; G.L. 1923, ch. 44, § 17; G.L. 1938, ch. 24, § 17; G.L. 1956, § 42-10-22 .

42-10-23. Deposit banks.

1. The general treasurer shall designate the banks or trust companies in which all monies of the state, including pension funds, shall be deposited, and may change the banks and trust companies previously designated.
2. The general treasurer may designate a bank or trust company which does not meet the criteria set forth in subsection (a) if it is determined that the deposit of state monies in that bank or trust company is necessary to obtain essential services which are not reasonably obtained from another bank or trust company. If the general treasurer finds that a bank or trust company previously designated as a depository of state monies has violated the criteria set forth in subsection (a), he or she shall give the bank or trust company an opportunity to be heard on this finding. If thereafter, it is concluded that the criteria has been violated, thirty days’ notice shall be given to the bank or trust company that its designation shall be terminated as of the expiration of the thirty (30) days.

History of Section. P.L. 1985, ch. 336, § 3; P.L. 1996, ch. 168, § 1.

42-10-24. Payment of bank service fees.

The general treasurer may: (1) pay fees incurred by the state for banking services with funds from the short term investment earnings of the general fund and (2) deduct bank service fees directly attributable to funds, other than the general fund; from the earnings credited to such other funds.

History of Section. P.L. 1996, ch. 86, § 1.

42-10.1-1. Creation — Members.

1. There is hereby authorized, created and established in the department of the general treasurer a public finance management board to consist of nine (9) members:
   1. The general treasurer or his or her designee who shall be a subordinate within the general treasurer’s office;
   2. The director of the department of administration or his or her designee who shall be a subordinate within the department of administration;
   3. Three (3) members of the general public to be appointed by the governor, with the advice and consent of the senate, one of whom shall serve an initial term of three (3) years, one of whom shall serve an initial term of two (2) years an one of whom shall serve an initial term of one year, and until his or her successor is appointed and qualified. Thereafter, the members appointed pursuant to this subsection shall serve for a term of three (3) years and until his or her successor is appointed and qualified; and
   4. Two (2) members of the general public to be appointed by the general treasurer, with the advice and consent of the senate, from a list of five (5) candidates submitted to the general treasurer by the League of Cities and Towns, one of whom shall serve an initial term of two (2) years and one of whom shall serve an initial term of three (3) years, and until his or her successor is appointed and qualified. Thereafter, the members appointed pursuant to this subsection shall serve for a term of three (3) years and until his or her successor is appointed and qualified.
   5. Two (2) members of the general public to be appointed by the general treasurer, with the advice and consent of the senate, one of whom shall serve an initial term of two (2) years and one of whom shall serve an initial term of three (3) years, and until his or her successor is appointed and qualified. Thereafter, the members appointed pursuant to this subsection shall serve for a term of three (3) years and until his or her successor is appointed and qualified.
2. Any member that was appointed by the governor or general treasurer prior to the effective date of this act shall continue to serve until such time as a successor is appointed and qualified.
3. All appointments shall be experienced in the issuance and sale of bonds by public agencies or shall otherwise be qualified by training or experience in the field of finance and investment. No one shall be eligible for appointment unless he or she is a resident of this state.

   Public members of the authority shall be removable by the chair for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.

   Newly appointed and qualified public members shall, within six (6) months of their appointment, attend a training course that shall be developed and provided by the office of the general treasurer and shall include instruction in the following areas: the provisions of chapters 42-10.1, 42-46, 36-14 and 38-2 of the Rhode Island general laws; and the authority’s rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act, prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.

   A vacancy shall be filled in like manner as the original appointment.

History of Section. P.L. 1986, ch. 477, § 1; P.L. 2001, ch. 180, § 95; P.L. 2006, ch. 319, § 5; P.L. 2006, ch. 444, § 5.

42-10.1-2. Purpose.

It shall be the purpose and responsibility of the board:

1. To advise and assist all state departments, municipal and regional authorities, agencies, boards, commissions, public and quasi-public corporations, and fire districts and other special districts having authority to issue revenue or general obligation bonds or GARVEE bonds or notes or other various types of conduit debt or enter into financing leases with respect to issuance of, and financial planning related to, all those bonds, leases, and notes;
2. To advise and/or assist any city or town and any municipal or regional agency, authority, board, commission, public or quasi-public corporations, or fire districts or other special districts having authority to issue revenue or general obligation bonds or GARVEE bonds or notes or other various types of conduit debt or enter into financing leases with respect to the issuance of, and financial planning related to, those bonds, leases, and notes;
3. To collect, maintain, and provide information on all state, municipal and regional authority, agency, board, commission, public or quasi-public corporation, and fire district and other special district debt authorization, sold and outstanding, and serve as a statistical center for all state and municipal debt issues;
4. To maintain contact with state, municipal and regional authority, agency, board, commission, public or quasi-public corporation, fire district and other special district bond issuers, underwriters, credit-rating agencies, investors, and others to improve the market for state and local government debt issues;
5. To undertake or commission studies on methods to reduce the costs and improve credit ratings of state and local debt issues;
6. To recommend changes in state laws and local practices to improve the sale and servicing of state and local debts;
7. To annually ascertain the total amount of state, regional, municipal, and public and quasi-public corporation debt authorized, sold and unsold;
8. To oversee the undertaking of a debt affordability study no less frequently than every two (2) years that shall include recommended limits for the debt capacity of each state, municipal and regional authority, agency, board, commission, public and quasi-public corporation and fire district and other special district having authority to issue revenue or general obligation bonds or GARVEE bonds or notes or other types of conduit debt or enter into financing leases.

History of Section. P.L. 1986, ch. 477, § 1; P.L. 2016, ch. 142, art. 2, § 1.

42-10.1-3. Allocation of statewide financing limitation.

1. The eighty-seven million four thousand dollars ($87,004,000) in total recovery zone economic development bond volume cap allocations granted to the five (5) counties of the State of Rhode Island by the United States Secretary of the Treasury pursuant to 26 U.S.C. §§ 1400U-1 and 1400U-2 of the Internal Revenue Code are hereby ceded to the State of Rhode Island for use by the state in connection with the issuance of general obligation bonds of the state.
2. The one hundred thirty million five hundred four thousand dollars ($130,504,000) in total recovery zone facility bond volume cap allocations granted to the five (5) counties of the State of Rhode Island by the United States Secretary of the Treasury pursuant to 26 U.S.C. §§ 1400U-1 and 1400U-3 are hereby ceded to the public finance management board for subsequent allocation by the board in accordance with rules and regulations to be promulgated by the board in accordance with the Administrative Procedures Act, Chapter 35 of this title.
3. The ten million nine hundred one thousand dollars ($10,901,000) in total qualified energy conservation bond volume cap allocation granted to the State of Rhode Island by the Secretary of the Treasury pursuant to 26 U.S.C. § 54D of the Internal Revenue Code is hereby allocated to the board for subsequent allocations by the board in accordance with rules and regulations to be promulgated by the board in accordance with the Administrative Procedures Act, Chapter 35 of this title, provided, however, that the City of Providence shall be allocated by the board no less than its portion as provided in 26 U.S.C. § 54D(e)(2)(A) of the Internal Revenue Code unless the City of Providence determines that the board may further reallocate such portion to other bond issuers.
4. The general assembly hereby finds, declares and designates the entire State of Rhode Island as a “recovery zone” meeting the standards referenced in 26 U.S.C. § 1400U-1(b)(1) of the Internal Revenue Code, given the significant unemployment, rate of foreclosures, or general distress present throughout the State of Rhode Island, and particularly given the geographic compactness of the state and the resultant interrelated nature of economic conditions and activities within the state as a whole.
5. The board is hereby authorized to allocate tax exempt and taxable bond issuance capacity and/or federal tax credits among all issuers in the state of Rhode Island, pursuant to 26 U.S.C. § 103, 26 U.S.C. § 145, or pursuant to 26 U.S.C. §§ 1400U-1, 1400U-2, 1400U-3, 54D and any similar federal legislation heretofore or hereinafter enacted. The allocations of tax exempt and taxable bond issuance capacity and/or federal tax credits shall be pursuant to rules and regulations to be promulgated by the board in accordance with the Administrative Procedures Act, chapter 35 of this title.

History of Section. P.L. 1986, ch. 477, § 1; P.L. 2010, ch. 7, § 2.

42-10.1-4. Notice of debt issue to board.

1. Each state, municipal and regional department, authority, agency, board, commission, public and quasi-public corporation, and fire district and other special district having authority to issue revenue or general obligation bonds or GARVEE bonds or notes or other various types of conduit debt shall, no later than thirty (30) days prior to the sale of any such debt issue at public or private sale, give written notice of the proposed sale to the board; and each such issuer shall, within thirty (30) days after closing, submit to the board a report of final sale.
2. The notice of proposed debt shall include one proposed sale date, the name of the issuer, the nature of the debt issue, and the estimated principal amount thereof, and such further information as may be required by rule of the board and shall be delivered in accordance with procedures to be established by rule of the board; and the notice of final sale shall be made on a form approved by the board and contain all of the information requested on said form. Any issuer that fails to submit the report of proposed debt or report of final sale by the appropriate deadline may be subject to a per diem fine of two hundred fifty dollars ($250), which shall be collected and enforced by the Office of the General Treasurer.
3. Each state, municipal and regional authority, agency, board, commission, public and quasi-public corporation, and fire district and other special district having authority to issue revenue or general obligation bonds or GARVEE bonds or notes or various types of conduit debt or enter into financing leases shall provide annually, within ninety (90) days after the end of each fiscal year, the following information for each outstanding debt incurred as of the end of such year:
   1. The principal amount of the issue outstanding;
   2. The amount of proceeds of the issue that remains unspent;
   3. The amount of debt authorized by the bond act or other appropriate authorization relevant to the issue that remains authorized but unissued; and
   4. A list of the purposes for which the debt has been issued and the amounts expended for each purpose in the prior fiscal year from the proceeds of the issue.
4. Failure of delivery of the above notice or of the time or efficiency thereof shall not affect the validity of the issuance of any debt, bonds, notes, or leases.
5. The board shall submit a report annually, on or before September 30th of each year, to the director of administration, the speaker of the house, the chair of the house finance committee, the president of the senate, the chair of the senate finance committee, and the auditor general on debt issues by cities and towns and other authorities, agencies, boards, commissions, public and quasi-public corporations, fire districts, and other special districts subject to the provisions of chapter 12 of title 45, which report shall include the information set forth in subsection (b) and shall be for the notices of debt issues received during the state’s fiscal year next preceding. An electronic transmission of the report shall be considered an acceptable submission.

History of Section. P.L. 1986, ch. 477, § 1; P.L. 2007, ch. 292, § 6; P.L. 2012, ch. 441, § 1; P.L. 2012, ch. 479, § 1; P.L. 2016, ch. 142, art. 2, § 1.

42-10.1-5. Fees authorized — Fund established.

In connection with the discharge of its duties under this chapter, the board is authorized to charge and impose fees for its services upon the lead underwriter or purchaser of any affected debt issue, bond, or note in an amount equal to one-fortieth of one percent (1/40%) of the issued principal amount of the issue. Amounts received under this section shall be deposited as general revenue.

History of Section. P.L. 1986, ch. 477, § 1; P.L. 1995, ch. 370, art. 40, § 129.

42-10.1-6. Officers — Meetings.

1. The general treasurer or his or her designee shall serve as chairperson and shall preside at meetings of the board.
2. The board members shall annually elect, by majority vote, one of the members as vice chairman and one of the members as secretary and other such officers as they deem necessary.
3. The board shall meet on the call of the chairperson, or at the request of a majority of the members, or at the request of the governor. Four (4) members of the board shall constitute a quorum for the transaction of business. No vacancy in the membership of the board shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the board.
4. The board shall adopt rules and regulations for the conduct of its business pursuant to the provisions of chapter 35 of this title.

History of Section. P.L. 1986, ch. 477, § 1; P.L. 1997, ch. 189, § 1; P.L. 2006, ch. 319, § 5; P.L. 2006, ch. 444, § 5.

42-10.1-7. Compensation — Staff — Advice from other agencies — Office space.

1. The membership of the board shall receive no compensation for their services. The general treasurer shall provide the clerical and administrative support required to develop and evaluate the comprehensive state plan.
2. All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to the board and its agents as is deemed necessary or desirable by the board to facilitate the purposes of this resolution.
3. The director of administration is hereby authorized and directed to provide suitable quarters for the board.

History of Section. P.L. 1986, ch. 477, § 1.

42-10.1-8. Comprehensive review.

1. The board shall comprehensively review the financing of capital improvements by all state, municipal, and regional departments, authorities, agencies, boards, commissions, and public and quasi-public corporations and study the comparative debt of all state and local governmental units for capital improvements and the use of bond financing as a source of the indebtedness. The review shall include an analysis of all outstanding general obligation and revenue bonds. Annually, on the thirtieth (30th) day of September, the board shall submit to the general assembly a report based upon information from the fiscal year ending in the prior calendar year of its findings and recommendations, if any, for revising the laws governing such financing devices. An electronic transmission of the report shall be considered an acceptable submission.
2. Annually, on the thirtieth (30th) day of September, the board shall submit to the governor, the speaker of the house of representatives, the president of the senate and the secretary of state a report based upon information from the fiscal year ending in the prior calendar year of its findings and recommendations, if any, for revising the laws governing such financing devices. An electronic transmission of the report shall be considered an acceptable submission. The report shall also set forth a complete operating and financial statement covering its operations during the year, a summary of meetings or hearings held, meeting minutes if requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a summary of performance during the fiscal year ending in the prior calendar year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the board; a summary of any training courses held pursuant to § 42-10.1-1 ; a briefing on anticipated activities in the current fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and the secretary of state’s website as prescribed in § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of this provision.
3. Neither the board nor its individual members shall have any liability as a result of the performance of the responsibilities or the exercise of the powers described herein. They shall not be deemed to have expressed an opinion regarding or deemed to have approved any aspect of any bonds or notes, including but not limited to, the proper authorization of any bonds or notes, the availability of funds for the repayment of any bonds or notes, the tax exempt status of any bonds or notes, or compliance by the issuer of any bonds or notes with any federal or state tax or securities law.
4. In the event that any liability shall accrue to the board or its members because of the performance of the responsibilities or exercise of the powers described herein, the issuer who issued the bonds or notes which cause the liability shall fully indemnify the board and the members.

History of Section. P.L. 1986, ch. 477, § 1; P.L. 1998, ch. 85, § 1; P.L. 2004, ch. 55, § 1; P.L. 2004, ch. 130, § 1; P.L. 2006, ch. 319, § 5; P.L. 2006, ch. 444, § 5; P.L. 2012, ch. 441, § 1; P.L. 2012, ch. 479, § 1.

42-10.1-9. Report of debt affordability and targets.

1. The board shall compile and publish annually the total amount of public state, regional, municipal, and public and quasi-public corporation debt authorized, sold, and unsold.
2. No less frequently than every two (2) years, the board shall oversee the undertaking of a debt affordability study that shall include recommended limits for the debt capacity of each state, municipal and regional authority, agency, board, commission, public and quasi-public corporation and fire district and other special district having authority to issue revenue or general obligation bonds or GARVEE bonds or notes or other various types of conduit debt or enter into financing leases.

History of Section. P.L. 2016, ch. 142, art. 2, § 2.

42-10.1-10. Public finance management board advisory opinions.

The board shall have the authority to offer non-binding, advisory opinions on all aspects of debt management practices of state, municipal, and public and quasi-public corporations.

History of Section. P.L. 2016, ch. 142, art. 2, § 2.

42-11-1. Director of administration.

There is hereby established within the executive branch of the state government, a department of administration. The head of the department shall be the director of administration, who shall be appointed by the governor, with the advice and consent of the senate, and shall serve at the pleasure of the governor.

History of Section. P.L. 1951, ch. 2727, art. 1, § 1; impl. am. P.L. 1955, ch. 3535, § 1; G.L. 1956, § 42-11-1 .

42-11-2. Powers and duties of department.

The department of administration shall have the following powers and duties:

1. To prepare a budget for the several state departments and agencies, subject to the direction and supervision of the governor;
2. To administer the budget for all state departments and agencies, except as specifically exempted by law;
3. To devise, formulate, promulgate, supervise, and control accounting systems, procedures, and methods for the state departments and agencies, conforming to such accounting standards and methods as are prescribed by law;
4. To purchase or to contract for the supplies, materials, articles, equipment, printing, and services needed by state departments and agencies, except as specifically exempted by law;
5. To prescribe standard specifications for those purchases and contracts and to enforce compliance with specifications;
6. To supervise and control the advertising for bids and awards for state purchases;
7. To regulate the requisitioning and storage of purchased items, the disposal of surplus and salvage, and the transfer to or between state departments and agencies of needed supplies, equipment, and materials;
8. To maintain, equip, and keep in repair the state house, state office building, and other premises owned or rented by the state for the use of any department or agency, excepting those buildings, the control of which is vested by law in some other agency;
9. To provide for the periodic inspection, appraisal or inventory of all state buildings and property, real and personal;
10. To require reports from state agencies on the buildings and property in their custody;
11. To issue regulations to govern the protection and custody of the property of the state;
12. To assign office and storage space and to rent and lease land and buildings for the use of the several state departments and agencies in the manner provided by law;
13. To control and supervise the acquisition, operation, maintenance, repair, and replacement of state-owned motor vehicles by state agencies;
14. To maintain and operate central duplicating and mailing service for the several state departments and agencies;
15. To furnish the several departments and agencies of the state with other essential office services;
16. To survey and examine the administration and operation of the state departments and agencies, submitting to the governor proposals to secure greater administrative efficiency and economy, to minimize the duplication of activities, and to effect a better organization and consolidation of functions among state agencies;
17. To operate a merit system of personnel administration and personnel management as defined in § 36-3-3 in connection with the conditions of employment in all state departments and agencies within the classified service;
18. To assign or reassign, with the approval of the governor, any functions, duties, or powers established by this chapter to any agency within the department;
19. To establish, maintain, and operate a data processing center or centers, approve the acquisition and use of electronic data processing services by state agencies, furnish staff assistance in methods, systems and programming work to other state agencies, and arrange for and effect the centralization and consolidation of punch card and electronic data processing equipment and services in order to obtain maximum utilization and efficiency;
20. To devise, formulate, promulgate, supervise, and control a comprehensive and coordinated statewide information system designed to improve the database used in the management of public resources, to consult and advise with other state departments and agencies and municipalities to assure appropriate and full participation in this system, and to encourage the participation of the various municipalities of this state in this system by providing technical or other appropriate assistance toward establishing, within those municipalities, compatible information systems in order to obtain the maximum effectiveness in the management of public resources;
    1. The comprehensive and coordinated statewide information system may include a Rhode Island geographic information system of land-related economic, physical, cultural and natural resources.
    2. In order to ensure the continuity of the maintenance and functions of the geographic information system, the general assembly may annually appropriate such sum as it may deem necessary to the department of administration for its support;
21. To administer a statewide planning program including planning assistance to the state departments and agencies;
22. To administer a statewide program of photography and photographic services;
23. To negotiate with public or private educational institutions in the state, in cooperation with the department of health, for state support of medical education;
24. To promote the expansion of markets for recovered material and to maximize their return to productive economic use through the purchase of materials and supplies with recycled content by the state of Rhode Island to the fullest extent practically feasible;
25. To approve costs as provided in § 23-19-32 ;
26. To provide all necessary civil service tests for child protective investigators and social workers at least twice each year and to maintain an adequate hiring list for these positions at all times;
27. 1. To prepare a report every three (3) months by all current property leases or rentals by any state or quasi-state agency to include the following information:
       1. Name of lessor;
       2. Description of the lease (purpose, physical characteristics, and location);
       3. Cost of the lease;
       4. Amount paid to date;
       5. Date initiated;
       6. Date covered by the lease.
    2. To prepare a report by October 31, 2014, of all current property owned by the state or leased by any state agency or quasi-state agency to include the following information:
       1. Total square feet for each building or leased space;
       2. Total square feet for each building and space utilized as office space currently;
       3. Location of each building or leased space;
       4. Ratio and listing of buildings owned by the state versus leased;
       5. Total occupancy costs which shall include capital expenses, provided a proxy should be provided to compare properties that are owned versus leased by showing capital expenses on owned properties as a per square foot cost at industry depreciation rates;
       6. Expiration dates of leases;
       7. Number of workstations per building or leased space;
       8. Total square feet divided by number of workstations;
       9. Total number of vacant workstations;
       10. Percentage of vacant workstations versus total workstations available;
       11. Date when an action is required by the state to renew or terminate a lease;
       12. Strategic plan for leases commencing or expiring by June 30, 2016;
       13. Map of all state buildings which provides: cost per square foot to maintain, total number of square feet, total operating cost, date each lease expires, number of persons per building and total number of vacant seats per building; and
       14. Industry benchmark report which shall include total operating cost by full-time equivalent employee, total operating cost by square foot and total square feet divided by full-time equivalent employee;
28. To prepare a report to the chairs of the house and senate finance committees by December 15, 2021, and each year thereafter of all current property owned by the state or leased by any state agency or quasi-state agency to include the following information:
    1. Total square feet for each building or leased space;
    2. Total square feet for each building and space utilized as office space currently;
    3. Location of each building or leased space;
    4. Ratio and listing of buildings owned by the state versus leased;
    5. Total occupancy costs which shall include capital expenses, provided a proxy should be provided to compare properties that are owned versus leased by showing capital expenses on owned properties as a per square foot cost at industry depreciation rates;
    6. Expiration dates of leases;
    7. Number of workstations per building or leased space;
    8. Total square feet divided by number of workstations;
    9. Total number of vacant workstations;
    10. Percentage of vacant workstations versus total workstations available;
    11. Date when an action is required by the state to renew or terminate a lease;
    12. Strategic plan for leases commencing or expiring by June 30, 2022, and each subsequent year thereafter;
    13. Map of all state buildings that provides: cost per square foot to maintain, total number of square feet, total operating cost, date each lease expires, number of persons per building and total number of vacant seats per building; and
    14. Industry benchmark report that shall include total operating cost by full-time equivalent employee, total operating cost by square foot and total square feet divided by full-time equivalent employee;
29. To provide by December 31, 1995, the availability of automatic direct deposit to any recipient of a state benefit payment, provided that the agency responsible for making that payment generates one thousand (1,000) or more such payments each month;
30. To encourage municipalities, school districts, and quasi-public agencies to achieve cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or by entering into collaborative agreements with other municipalities, districts, or agencies. To assist in determining whether the benefit levels including employee cost sharing and unit costs of such benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies as compared with state benefit levels and costs; and
31. To administer a health benefit exchange in accordance with chapter 157 of this title.

History of Section. P.L. 1951, ch. 2727, art. 1, § 2; G.L. 1956, § 42-11-2 ; P.L. 1966, ch. 136, §§ 1, 2; P.L. 1969, ch. 208, § 1; P.L. 1970, ch. 126, § 1; P.L. 1972, ch. 91, § 1; P.L. 1972, ch. 200, § 2; P.L. 1985, ch. 181, art. 22, § 2; P.L. 1985, ch. 181, art. 61, § 12; P.L. 1986, ch. 522, § 6; P.L. 1990, ch. 235, § 1; P.L. 1991, ch. 338, § 1; P.L. 1992, ch. 133, art. 106, § 1; P.L. 1992, ch. 181, § 1; P.L. 1993, ch. 217, § 1; P.L. 1994, ch. 70, art. 21, § 3; P.L. 1995, ch. 120, § 1; P.L. 2001, ch. 77, art. 29, § 1; P.L. 2003, ch. 429, § 1; P.L. 2006, ch. 246, art. 38, §§ 8, 21; P.L. 2014, ch. 145, art. 9, § 6; P.L. 2015, ch. 141, art. 18, § 1; P.L. 2021, ch. 162, art. 3, § 11, effective July 6, 2021.

42-11-2.1. Filling of certain educational vacancies.

Notwithstanding the authority of either the board of regents for elementary and secondary education, the board of governors for higher education, or the appointing authorities of the several colleges and institutions within the jurisdiction of the board of governors for higher education, or any general or public law to the contrary, the director of administration shall be notified by the aforesaid authorities of their vacant positions in the classified service of the state and he or she shall give his or her approval thereto in writing before those vacancies may be filled.

History of Section. P.L. 1974, ch. 198, art. 7, § 1; P.L. 1977, ch. 200, art. 8, § 1; P.L. 1978, ch. 205, art. 5, § 2; P.L. 1979, ch. 174, art. 5, § 1; P.L. 1984, ch. 81, § 22.

42-11-2.2, 42-11-2.3. Repealed.

42-11-2.4. State Fleet Replacement Revolving Loan Fund.

1. There is hereby created as a separate fund within the treasury to be known as the state fleet replacement revolving loan fund which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. This fund, hereafter referred to as the “revolving loan fund,” shall consist of such sums as the state may from time to time appropriate, as well as money received from the disposal of used vehicles, loan, interest and service charge payments from benefiting state agencies, as well as interest earnings, money received from the federal government, gifts, bequests, donations, or otherwise from any public or private source.
2. This fund shall be used for the purpose of acquiring motor vehicles, both new and used, and vehicle-related equipment and attachments for state departments and agencies.
3. The proceeds from the repayment of any loans made for the purposes authorized under this chapter shall be deposited in and returned to the revolving loan fund in order to constitute a continuing revolving fund for the purposes listed above.
4. The office of state fleet operations of the Rhode Island department of administration shall adopt rules and regulations consistent with the purposes of this chapter and chapter 35 of title 42, in order to provide for the orderly and equitable disbursement and repayment of funds from the revolving loan fund.
5. Provided; however, a total of four million two hundred thousand dollars ($4,200,000) shall be made available as a direct grant from the revolving loan fund for the required twenty percent (20%) match for the Rhode Island Public Transit Authority to obtain federal funds to purchase buses through FY 2017. Any such sums need not be repaid to the revolving loan fund.

History of Section. P.L. 2008, ch. 9, art. 2, § 1; P.L. 2012, ch. 241, art. 4, § 9; P.L. 2013, ch. 144, art. 21, § 1.

42-11-2.5. Information technology investment fund.

1. All sums from the sale of any land and the buildings and improvements thereon, and other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-7-15(c) , shall be transferred to an information technology investment fund restricted-receipt account that is hereby established. This fund shall consist of such sums from the sale of any land and the buildings and improvements thereon, and other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-7-15(c) , as well as a share of first response surcharge revenues collected under the provisions of § 39-21.1-14 . This fund may also consist of such sums as the state may from time to time appropriate; as well as money received from the disposal of information technology equipment, loan, interest, and service charge payments from benefiting state agencies; as well as interest earnings, money received from the federal government, gifts, bequest, donations, or otherwise from any public or private source. Any such funds shall be exempt from the indirect cost recovery provisions of § 35-4-27 .
2. This fund shall be used for the purpose of acquiring information technology improvements, including, but not limited to: hardware, software, consulting services, and ongoing maintenance and upgrade contracts for state departments and agencies.
3. The division of enterprise technology strategy and service of the Rhode Island department of administration shall adopt rules and regulations consistent with the purposes of this chapter and chapter 35 of this title, in order to provide for the orderly and equitable disbursement of funds from this account.
4. For all requests for proposals that are issued for information technology projects, a corresponding information technology project manager shall be assigned.

History of Section. P.L. 2011, ch. 151, art. 26, § 2; P.L. 2012, ch. 241, art. 8, § 1; P.L. 2014, ch. 145, art. 9, § 7; P.L. 2017, ch. 192, § 2; P.L. 2017, ch. 251, § 2; P.L. 2017, ch. 302, art. 7, § 13; P.L. 2018, ch. 47, art. 7, § 11; P.L. 2019, ch. 88, art. 2, § 12.

42-11-2.6. Office of Digital Excellence established.

1. Within the department, division of enterprise technology strategy and services, there shall be established the Office of Digital Excellence. The purposes of the office shall be to move Rhode Island state government into the 21st century through the incorporation of innovation and modern digital capabilities throughout state government and to leverage technology to expand and improve the quality of services provided to Rhode Island citizens; to promote greater access to government and the internet throughout cities and towns; and to position Rhode Island as a national leader in e-government.
2. Within the office, there shall be a chief digital officer who shall be appointed by the director of administration with the approval of the governor and who shall be in the unclassified service. The chief digital officer shall report to the director of administration and be required to:
   1. Manage the implementation of all new and mission-critical technology infrastructure projects and upgrades for state agencies. The division of enterprise technology strategy and services, established pursuant to § 42-11-2.8 , shall continue to manage and support all day-to-day operations of the state’s technology infrastructure, telecommunications, and associated applications;
   2. Increase the number of government services that can be provided online in order to allow residents and businesses to complete transactions in a more efficient and transparent manner;
   3. Improve the state’s websites to provide timely information to online users and as many government services as possible online; and
   4. Establish, improve, and enhance the state’s use of social media and mobile technological applications.
3. The office shall coordinate its efforts with the division of enterprise technology strategy and services in order to plan, allocate, and implement projects supported by the information technology investment fund established pursuant to § 42-11-2.5 .
4. All intellectual property created as a result of work undertaken by employees of the office shall remain the property of the state of Rhode Island. Any patents applied for shall be in the name of the state.
5. The director of administration may promulgate rules and regulations recommended by the chief digital officer in order to effectuate the purposes and requirements of this act.
6. The chief digital officer shall report no later than January 31, 2013, and every January 31 thereafter, to the governor, the speaker of the house of representatives, and the senate president regarding the implementation status of all technology infrastructure projects; website improvements; number of e-government transactions and revenues generated; projects supported by the information technology investment fund; and all other activities undertaken by the office. The report shall also include planned use for projects related to public safety communications and emergency services, recommendations on the development of and opportunities for shared implementation and delivery of these services among municipalities, and strategies for such shared services. The annual report shall be posted on the office’s website.

History of Section. P.L. 2012, ch. 241, art. 4, § 10; P.L. 2016, ch. 142, art. 4, § 4; P.L. 2018, ch. 47, art. 7, § 11.

42-11-2.7. Office of diversity, equity and opportunity established.

1. The office of diversity, equity and opportunity (ODEO) shall be established as a division within the department of administration. The purpose of the office shall be to ensure nondiscrimination, diversity, equity, and equal opportunity in all aspects of state government, including, but not limited to, employment, procurement, policy and practices relative to state programs, services, and activities.
2. The head of this division shall be known as the associate director of ODEO, who shall be appointed by the director of administration, in the classified service of the state, and shall be responsible to, and report to, the director. The associate director of ODEO shall oversee the ODEO in all aspects, including, but not limited to, coordination of the provisions of chapter 14.1 of title 37 (minority business enterprise) and chapter 5.1 of title 28 (equal opportunity and affirmative action) wherein the ODEO shall have direct administrative supervision of the state’s equal opportunity office.
3. ODEO shall have the following duties and responsibilities:
   1. Develop, administer, implement, and maintain a statewide diversity plan and program, including an equity, equal-opportunity, minority business enterprise, and supplier-diversity program, as well as other related plans and programs within the office;
   2. Provide leadership in the development and coordination of recruitment and retention activities in order to promote diversity and encourage the use of bias-free methods and practices in the hiring process, performance reviews, and promotions, and to ensure compliance with applicable federal and state laws, rules, regulations, and policies;
   3. Support the growth and development of the state’s minority business enterprise program by engaging in concerted outreach programs to build relationships, maintaining effective programs to promote minority business enterprise utilization, and facilitating minority business enterprise in State procurement activities;
   4. Develop, coordinate, and oversee the recruitment, selection, and retention efforts and initiatives to promote and achieve the state’s diversity goals and objectives, developing and recommending recruitment strategies, and assisting with special recruitment efforts directed toward ethnic minorities, women, and other underrepresented groups;
   5. Provide leadership in advancing management’s understanding, capacity, and accountability for embedding diversity and equity in employment and human resource management practices as an integral part of the state’s employment opportunities; and
   6. Create and execute a strategic plan for increased cultural competency for all state employees:
      1. ODEO shall prescribe by regulation a cultural competency model training program;
      2. ODEO shall require all state employees to annually receive the training program beginning July 1, 2022; and
      3. For the purposes of this section, “cultural competency” means an understanding of how institutions and individuals can respond respectfully and effectively to people from all cultures, economic statuses, language backgrounds, races, ethnic backgrounds, disabilities, religions, genders, gender identifications, sexual orientations, veteran statuses, immigration status, and other characteristics in a manner that recognizes, affirms, and values the worth, and preserves the dignity, of individuals, families, and communities.
4. The director of administration may promulgate rules and regulations recommended by the associate director in order to effectuate the purposes and requirements of this act.

History of Section. P.L. 2016, ch. 142, art. 4, § 2; P.L. 2022, ch. 174, § 1, effective June 27, 2022; P.L. 2022, ch. 175, § 1, effective June 27, 2022.

42-11-2.8. Division of enterprise technology strategy and services established.

1. Established.  Within the department there shall be established the division of enterprise technology strategy and service (ETSS), which shall include the office of information technology, the office of digital excellence (ODE), and the office of library and information services (OLIS). Within ETSS, there shall be a chief digital officer in the unclassified service who shall oversee and manage the division and shall be appointed by the director of administration. Any prior reference in statute to the division of information technology shall now mean ETSS. The chief digital officer shall supervise the state’s chief information officer, chief technology officer, chief information security officer, the directors of information technology, and all associated employees. The chief digital officer may promulgate rules and regulations in order to effectuate the purposes and requirements of this act.
2. Purposes; duties.  The purposes of ETSS shall be to align existing and future technology platforms, along with technical expertise, across the agencies of the executive branch. ETSS shall be responsible for managing and consolidating the strategy and budgets of the division, including the office of information technology, the office of library and information services and the office of digital excellence, and the information technology investment fund. The focus of ETSS will be to lead the strategic technology decisions and efforts across all of the executive branch state agencies; identify opportunities to implement technology solutions across state agencies to prevent duplication of systems and effort; as well as effectively support these solutions in an efficient manner. ETSS shall have the following duties:
   1. Manage the implementation of all new and mission-critical technology infrastructure projects and upgrades for state agencies. The office of information technology, under ETSS, shall manage and support all day-to-day operations of the state’s technology infrastructure, telecommunications, and associated applications;
   2. Manage the office of digital excellence in order to ensure that large-scale technology projects are delivered in a timely manner in accordance with accepted best-industry practices;
   3. To oversee the chief of library services and the office of library and information services to ensure that this office fulfills its statutory duties in an effective manner;
   4. Coordinate efforts with the director of administration in order to plan, allocate, and implement projects supported by the information technology investment fund established pursuant to § 42-11-2.5 ;
   5. Supervise all intellectual property created as a result of work undertaken by employees of ETSS to ensure that ownership of this intellectual property remains with the state. Any patents applied for shall be in the name of the state.
3. Reporting.  The chief digital officer shall annually report no later than January 31 to the governor, the speaker of the house of representatives, and the senate president regarding the implementation status of all technology infrastructure projects; website improvements; number of e-government transactions and revenues generated; projects supported by the information technology investment fund; and all other activities undertaken by the division. The annual report shall be posted on the ETSS website.

History of Section. P.L. 2016, ch. 142, art. 4, § 5.

42-11-2.9. Division of capital asset management and maintenance established.

1. Establishment.  Within the department of administration there shall be established the division of capital asset management and maintenance (“DCAMM”). Any prior references to the division of facilities management and/or capital projects, if any, shall now mean DCAMM. Within the DCAMM there shall be a director of DCAMM who shall be in the classified service and shall be appointed by the director of administration. The director of DCAMM shall have the following responsibilities:
   1. Oversee, coordinate, and manage the operating budget, personnel, and functions of DCAMM in carrying out the duties described below;
   2. Review agency capital-budget requests to ensure that the request is consistent with strategic and master facility plans for the state of Rhode Island;
   3. Promulgate and adopt regulations necessary to carry out the purposes of this section.
2. Purpose.  The purpose of the DCAMM shall be to manage and maintain state property and state-owned facilities in a manner that meets the highest standards of health, safety, security, accessibility, energy efficiency, and comfort for citizens and state employees and ensures appropriate and timely investments are made for state property and facility maintenance.
3. Duties and responsibilities of DCAMM.  DCAMM shall have the following duties and responsibilities:
   1. To oversee all new construction and rehabilitation projects on state property, not including property otherwise assigned outside of the executive department by Rhode Island general laws or under the control and supervision of the judicial branch;
   2. To assist the department of administration in fulfilling any and all capital-asset and maintenance-related statutory duties assigned to the department under chapter 8 of title 37 (public buildings) or any other provision of law, including, but not limited to, the following statutory duties provided in § 42-11-2 :
      1. To maintain, equip, and keep in repair the state house, state office buildings, and other premises, owned or rented by the state, for the use of any department or agency, excepting those buildings, the control of which is vested by law in some other agency;
      2. To provide for the periodic inspection, appraisal, or inventory of all state buildings and property, real and personal;
      3. To require reports from state agencies on the buildings and property in their custody;
      4. To issue regulations to govern the protection and custody of the property of the state;
      5. To assign office and storage space, and to rent and lease land and buildings, for the use of the several state departments and agencies in the manner provided by law;
      6. To control and supervise the acquisition, operation, maintenance, repair, and replacement of state-owned motor vehicles by state agencies;
      7. Managing traffic flow on state property;
      8. Grounds keeping/landscaping/snow-removal services;
      9. Maintenance and protection of artwork and historic artifacts;
   3. To generally manage, oversee, protect, and care for the state’s properties and facilities, not otherwise assigned by Rhode Island general laws, including, but not limited to, the following duties: (i) Space management, procurement, usage, and/or leasing of private or public space; (ii) Care, maintenance, cleaning, and contracting for such services as necessary for state property; (iii) Capital equipment replacement; (iv) Security of state property and facilities unless otherwise provided by law;

      (v) Ensuring Americans with Disabilities Act (ADA) compliance;

      (vi) Responding to facilities emergencies;

   4. To manage and oversee state fleet operations.
4. All state agencies shall participate in a statewide database and/or information system for capital assets, that shall be established and maintained by DCAMM.
5. Offices and boards assigned to DCAMM.  DCAMM shall oversee the following boards, offices, and functions:
   1. Office of planning, design, and construction (PDC);
   2. Office of facilities management and maintenance (OFMM);
   3. [Deleted by P.L. 2018, ch. 47, art. 3, § 7].
   4. [Deleted by P.L. 2018, ch. 47, art. 3, § 7].
   5. Office of risk management (§ 37-11-1 et seq.);
   6. [Deleted by P.L. 2018, ch. 47, art. 3, § 7].
   7. Office of state fleet operations (§ 42-11-2.4(d) ).
6. The boards, offices, and functions assigned to DCAMM shall:
   1. Exercise their respective powers and duties in accordance with their statutory authority and the general policy established by the director of DCAMM or in accordance with the powers and authorities conferred upon the director of DCAMM by this section;
   2. Provide such assistance or resources as may be requested or required by the director of DCAMM or the director of administration;
   3. Provide such records and information as may be requested or required by the director of DCAMM or the director of administration; and
   4. Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the offices stated above from fulfilling any statutory requirement or complying with any valid rule or regulation.

History of Section. P.L. 2016, ch. 142, art. 4, § 6; P.L. 2018, ch. 47, art. 3, § 7.

42-11-3. Liberal construction.

This chapter shall be construed liberally in aid of its declared purpose, which purpose is the coordination of all service functions within one department and the allocation of these functions to the department of administration established by this chapter.

History of Section. P.L. 1951, ch. 2727, art. 3, § 3; G.L. 1956, § 42-11-3 .

42-11-4. Severability.

If any provision of this chapter or of any rule or regulation made thereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule or regulation, and the application of that provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1951, ch. 2727, art. 3, § 4; G.L. 1956, § 42-11-4 .

42-11-5 — 42-11-8. Repealed.

42-11-9. Appropriation for medical education.

The general assembly shall annually appropriate such sums as it deems sufficient for the payment of support for medical education.

History of Section. G.L. 1956, § 42-11-9 ; P.L. 1972, ch. 200, § 1; P.L. 1979, ch. 352, § 2.

42-11-10. Statewide planning program.

1. 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.
2. 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) 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 planning, which shall be a division within the department of administration.
3. 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; and
   7. Reviewing the execution of strategic plans, and the results obtained, and making revisions necessary to achieve established goals.
4. 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.
5. 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. [Deleted by P.L. 2019, ch. 88, art. 4, § 13.]
   5. The chairperson of the housing resources commission;
   6. The highest-ranking administrative officer of the division of planning, as secretary;
   7. The president of the Rhode Island League of Cities and Towns or his or her designee;
   8. The executive director of the Rhode Island League of Cities and Towns;
   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;
   10. One representative of a nonprofit community development or housing organization appointed by the governor;
   11. Four (4) public members, appointed by the governor, one of whom shall be an employer with fewer than fifty (50) employees; 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;
   12. Two (2) representatives of private, nonprofit, environmental or environmental justice advocacy organizations, both to be appointed by the governor;
   13. The director of planning and development for the city of Providence;
   14. The director of the department of transportation;
   15. The director of the department of environmental management;
   16. The director of the department of health;
   17. The chief executive officer of the commerce corporation;
   18. The commissioner of the Rhode Island office of energy resources;
   19. The chief executive officer of the Rhode Island public transit authority;
   20. The executive director of Rhode Island housing;
   21. The executive director of the coastal resources management council; and
   22. The director of the Rhode Island emergency management agency.
6. 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 planning and land use regulation 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, the state planning council shall appoint permanent committees:
      1. A technical committee, comprised of public members from different geographic areas of the state representing diverse interests along with officials 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
      2. An executive committee consisting of major participants of a Rhode Island geographic information system with oversight responsibility for its activities; and
      3. 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;
   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 these areas are of sufficient size, and in other areas of the state as appropriate;
   7. To act as the single, statewide metropolitan planning organization for transportation planning, and to promulgate all rules and regulations that are necessary thereto; and
   8. To assist the Rhode Island infrastructure bank in establishing review criteria, evaluating applications, approving and issuing grants, and to assist municipalities pursuant to the provisions of chapter 11.4 of this title, and any rules or regulations promulgated thereunder.
7. 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 of Rhode Island, which shall provide technical support and assistance in the development and maintenance of the system and its associated database.
   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.
8. [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4.]
9. 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”).

History of Section. P.L. 1978, ch. 228, § 1; P.L. 1985, ch. 181, art. 29, § 1; P.L. 1988, ch. 129, art. 19, § 2; P.L. 1989, ch. 126, art. 49, § 1; P.L. 1990, ch. 235, § 1; P.L. 1990, ch. 309, § 1; P.L. 1990, ch. 361, § 1; P.L. 2000, ch. 326, § 1; P.L. 2000, ch. 374, § 1; P.L. 2000, ch. 453, § 1; P.L. 2001, ch. 142, § 4; P.L. 2001, ch. 180, § 96; P.L. 2004, ch. 286, § 1; P.L. 2004, ch. 324, § 1; P.L. 2006, ch. 236, § 9; P.L. 2006, ch. 237, § 9; P.L. 2011, ch. 151, art. 9, § 8; P.L. 2011, ch. 215, § 4; P.L. 2011, ch. 313, § 4; P.L. 2012, ch. 48, § 1; P.L. 2012, ch. 54, § 1; P.L. 2013, ch. 253, § 1; P.L. 2013, ch. 304, § 1; P.L. 2013, ch. 357, § 1; P.L. 2013, ch. 376, § 1; P.L. 2014, ch. 101, § 1; P.L. 2014, ch. 126, § 1; P.L. 2019, ch. 88, art. 4, § 13; P.L. 2021, ch. 162, art. 9, § 2, effective July 6, 2021.

42-11-10.1. Transfer of powers, functions and resources from the water resources board.

1. There are hereby transferred to the division of planning within the department of administration those powers and duties formerly administered by the employees of the water resources board as provided for in chapter 15 of title 46 (“Water Resources Board”) through chapter 15.8 of title 46 (“Water Use and Efficiency Act”), inclusive, and any other applicable provisions of the general laws; provided, however, the governor shall submit to the 2012 assembly any recommended statutory changes necessary to facilitate the merger.
2. All resources of the water resources board, including, but not limited to, property, employees and accounts, are hereby transferred to the division of planning.
3. As part of the above transfer, except for the general manager, all employees of the water resources board currently subject to the provisions of chapter 4 of title 36 shall continue to be subject to those provisions.

History of Section. P.L. 2011, ch. 151, art. 9, § 9.

42-11-11. Approval of contracts for support of medical education.

1. The director of administration shall approve any contract negotiated jointly with the department of health, for the support by the state of medical education. The support may include appropriations for the education of medical students at public or private educational institutions in the state. The approval shall be a condition precedent to the contract becoming a binding obligation of the state. The director shall solicit, receive, and review recommendations from the director of the department of health, and the commissioner of higher education prior to approving any above described contract.
2. The commissioner of higher education shall, no less often than annually, review, evaluate, and make recommendations regarding all aspects of medical education programs in the state.

History of Section. P.L. 1979, ch. 352, § 3.

42-11-12. Transfer of functions from the department of community affairs.

1. There are hereby transferred to the department of administration those functions formerly administered by the department of community affairs relating to:
   1. Local planning assistance;
   2. Community development training; and
   3. Building code standards committee.
2. In addition to any of its other powers and responsibilities, the department is authorized and empowered to accept any grants made available by the United States government or any agency thereof, and the department, with the approval of the governor, is authorized and empowered to perform such acts and enter into all necessary contracts and agreements with the United States of America or any agency thereof as may be necessary in such manner and degree as shall be deemed to be in the best interest of the state. The proceeds of the grants so received shall be paid to the general treasurer of the state and by him or her deposited in a separate fund and shall be utilized for the purposes of those grants.

History of Section. P.L. 1985, ch. 181, art. 61, § 6; P.L. 2006, ch. 246, art. 38, § 8.

42-11-13. Rhode Island organ transplant fund.

1. There is hereby created the Rhode Island organ transplant fund, hereinafter referred to as “the fund”. The general treasurer shall invest and reinvest the same in accordance with § 35-10-2 . The department of human services shall administer the organ transplant program. Disbursement of funds from the fund shall be made by the general treasurer upon receipt by him or her of properly authenticated vouchers from the department of human services.
2. The fund shall consist of all revenues received pursuant to § 44-30-2.1 and gifts, grants, and donations from public and private sources. All revenues credited to the fund shall not be subject to expenditure except for the purposes hereinafter stated.
3. The fund shall be used to help defray any expenses of human organ transplants incurred by Rhode Island residents and their families. For purposes of the fund, family shall be limited to the parents or spouse or guardian or next-of-kin of the recipient of the organ transplant. Expenses shall be limited to non-reimbursed costs associated with organ transplants including hospital and medical care, all drugs prescribed which relate to organ transplant maintenance (disbursement from fund for maintenance drugs shall be limited to fifty percent (50%) of average wholesale price or fifty percent (50%) of non-reimbursed costs whichever is less), and out-of-state living expenses of the family for a period of not more than sixty (60) days at the time of the organ transplant operation. (The disbursement from the fund for out-of-state living expenses shall not exceed the per diem rate allowed state employees for accommodations and sustenance.) Disbursement from the fund shall not be made until the principal of the fund equals fifteen thousand dollars ($15,000). The general treasurer shall publicly announce when the principal of the fund equals fifteen thousand dollars ($15,000). Application for the disbursement from the fund shall not be made or accepted until the principal of the fund equals fifteen thousand dollars ($15,000). In addition to the foregoing allowable disbursements, disbursement for organ transplant recipients may be made from the organ transplant fund to meet the recipient’s spend-down requirement for the Rhode Island medical assistance program (Medicaid), provided that the recipient’s income does not exceed twelve thousand dollars ($12,000) per year, and the funds are repaid by the recipient and deposited in the organ transplant fund are repaid by the recipient and deposited in the organ transplant fund over the six (6) month Medicaid spend-down period in six (6) equal monthly payments.
4. Disbursements from the fund and the fund itself are not entitlement programs. The fund shall not incur a deficit.
5. The director of the department of human services shall promulgate rules and regulations, in accordance with the Administrative Procedures Act, § 42-35-1 et seq., to implement the operation of the fund. The director of the department of human services or his or her designee shall confer with the general treasurer prior to promulgating rules and regulations.
6. This fund shall operate prospectively provided, however, a Rhode Island resident on maintenance drugs as set forth in subsection (c) of this section may apply for disbursement after the principal of the fund equals fifteen thousand dollars ($15,000).

History of Section. P.L. 1986, ch. 285, § 2; P.L. 1989, ch. 424, § 1; P.L. 1990, ch. 374, § 1; P.L. 1995, ch. 370, art. 16, § 1; P.L. 2004, ch. 601, § 1.

42-11-14. Prohibition against the use of lead based paint.

When purchasing paint products or contracting for the painting of public buildings or construction, the department of administration shall prohibit the use of lead paint.

History of Section. P.L. 1993, ch. 365, § 1; P.L. 1993, ch. 382, § 1.

42-11-14.1. Alkaline paper required.

All records and publications selected by state agencies which have been determined to be of permanent value by the state archives shall be printed on alkaline paper which is in keeping with ANSI Standard Z39.48-1984. This includes, but is not limited to, the following materials: all original bills introduced into the general assembly; all annual reports of state agencies; and all minutes of public meetings. Should the costs for the purchase of alkaline paper exceed that of acidic by greater than ten percent (10%) of the cost of acidic paper, then the provisions of this section may be waived.

History of Section. P.L. 1992, ch. 270, § 1.

42-11-14.2. Personal use of state credit cards prohibited.

1. It is unlawful for any employee of the state of Rhode Island, or his or her designee, to use or permit others to use state issued credit cards for personal use.
2. For purposes of this section, “Personal use” means any use the purpose of which is for personal enjoyment, private gain or advantage, or an outside endeavor not related to the business of the state.
3. Any person who violates this section is liable for a civil penalty equal to three (3) times the value of the unlawful use plus an amount not to exceed ten thousand dollars ($10,000). The penalty shall be assessed and recovered in a civil action brought in the name of the people of the state of Rhode Island by the attorney general. If two (2) or more persons are responsible for any violation, they are jointly and severally liable for the penalty. If the action is brought by the attorney general, the moneys recovered shall be paid into the general fund. Nothing in this section prevents the attorney general from pursuing criminal charges against any person who violates this section.

History of Section. P.L. 2000, ch. 312, § 2; P.L. 2000, ch. 313, § 2.

42-11-14.3. Policies and procedures for credit card use — Payment for food and beverages.

The director of the department of administration shall establish and implement policies and procedures regarding the use of state issued credit cards and the payment for food and beverages. The policies and procedures shall be consistent with § 42-11-14.2 and shall be contained in the procedural handbook issued by the department of administration.

History of Section. P.L. 2000, ch. 312, § 2; P.L. 2000, ch. 313, § 2.

42-11-15 — 42-11-19. Repealed.

42-11-20. Repealed.

42-11-21. Repealed.

History of Section. P.L. 2001, ch. 77, art. 29, § 2; Repealed by P.L. 2011, ch. 151, art. 9, effective July 1, 2011. For comparable provisions, see § 42-7.3-3.2 .

42-11.1-1. Policy.

Firms and organizations that do business with the state expect and deserve to be paid in a prompt and timely manner. Unjustified delays in paying vendors, construction contractors, and providers of service may discourage such firms and organizations from doing business with the state and may ultimately increase the costs to the state government of purchasing materials, equipment, and supplies; undertaking construction and reconstruction projects; and obtaining a wide variety of professional and other specialized services including those that are provided to persons in need. Consequently, this legislation sets standards for the payment of bills incurred by state agencies within specified periods of time and requires interest payments in situations where contract payments do not conform to these standards. Consistent with accepted business practices and with sound principles of fiscal management, it is the intent of this legislation to encourage state agencies in all three (3) branches of state government to make payments at least as expeditiously as they currently do and further reduce existing payment processing times whenever feasible, while at the same time permitting the state agencies to perform proper and reasonable financial oversight activities designed to ensure that the state government receives the quality of goods and services to which it is entitled to ensure that public funds are spent in a prudent and responsible manner.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-2. Definitions.

As used in this chapter, the following terms shall have the following meanings unless otherwise specified:

1. “Contract”  means an enforceable agreement entered into by a contractor and a state agency.
2. “Contractor”  means any person, partnership, firm, corporation, or association:
   1. Selling materials, equipment, or supplies or leasing property or equipment to a state agency:
   2. Constructing, reconstructing, rehabilitating, or repairing buildings or highways for, or on behalf of, a state agency; or
   3. Rendering or providing services pursuant to a contract with a state agency, including, without limitation, services which help people in need.
3. “Designated payment office”  means the office designated by the state agency to which a proper invoice is to be submitted by a contractor.
4. “Payment date”  means the date on which a payment is due according to a contract.
5. “Proper invoice”  means a written request for a contract payment that is submitted by a contractor setting forth the description, price, and quantity of goods, property or services delivered or rendered, in such form and supported by such other substantiating documentation as the state controller or individual state agency may reasonably require. In the case of state highway and bridge construction contracts, periodic payment estimates prepared by the department of transportation shall be considered proper invoices for purposes of this chapter and such estimates shall be prepared monthly or more often and shall include the total amount of work done from the date of the prior estimate.
6. “Receipt of an invoice”  means the date on which a proper invoice is actually received in the designated payment office or the date on which the state agency receives the purchased goods, property, or services covered by the proper invoice, whichever is later.
7. “Required payment date”  means the date by which a contract payment must be made in order for the state government not to become liable for interest payments, pursuant to subsections (b) and (g) of § 42-11.1-5 .
8. “Set-off”  means the reduction by the controller of a payment due to a contractor by an amount equal to the amount of an unpaid legally enforceable debt owed by the contractor to the state or any amount which the state is entitled to withhold under the terms of the contract, or any amount owed by the contractor to the state by way of a statutory obligation or enforceable lien, of which the contractor had previous knowledge or notice.
9. “State agency”  means any department, board, bureau, commission, division, office, council, institution, authority or committee in the executive, legislative, or judicial branches of state government; including the University of Rhode Island and all other quasi-public bodies created by state law whose purpose and function are directly related to the health, safety, and welfare of the general populace of the state, including the Rhode Island lottery.
10. “State funds”  means funds held by the general treasurer in the general fund of the state.
11. “Nonprofit provider”  means any not for profit firm, partnership, or corporation which provides services to people in need pursuant to a contract with a state agency. A nonprofit provider is a contractor for purposes of this chapter. A nonprofit provider shall not be considered a public benefit corporation for the purposes of § 42-11.1-14 .

History of Section. P.L. 1987, ch. 73, § 1; P.L. 1989, ch. 101, § 1; P.L. 1993, ch. 463, § 1.

42-11.1-3. Time period for payment.

1. All bills shall be paid within thirty (30) working days of receipt of a proper invoice or other contractual dates for periodic payments, except when a contractor has failed to submit a bill in accordance with contractually imposed time frames.
2. Each contractor shall make payment to subcontractors within ten (10) days of receipt of payment by the state; provided, however, that the contractor may setoff a payment due to a subcontractor by an amount equal to the amount of an unpaid legally enforceable debt owed by the subcontractor to the contractor or any amount which the contractor is entitled to withhold under the terms of the contract entered into by the contractor and subcontractor, or any amount owed by the subcontractor to the contractor by way of a statutory obligation, or enforceable lien, of which the contractor or subcontractor had previous knowledge or notice, or has reason to believe exists.
3. This section shall not apply to contractors or subcontractors performing work pursuant to a contract awarded by the department of transportation unless the subcontractor provides a payment and performance bond in an amount equal to the contract between the contractor and subcontractor.

History of Section. P.L. 1987, ch. 73, § 1; P.L. 1989, ch. 101, § 1; P.L. 1993, ch. 463, § 1.

42-11.1-4. Partial payment.

Partial payments shall be made by the state on partial deliveries or partial completion of services in accordance with the contract. Each completed delivery or service must be paid in accordance with the provisions of § 42-11.1-3 .

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-5. Determination of eligibility for payment of interest.

1. Each state agency which is required to make a payment from state funds according to a contract and which does not make the contract payment by the required payment date shall make an interest payment to the contractor in accordance with this chapter on the amount of the contract payment which is due, unless failure to make such contract payment is the result of a lien, attachment, or other legal process against the money due the contractor, or unless the amount of the interest payment as computed in accordance with the provisions of § 42-11.1-6 is less than ten dollars ($10.00).
2. The required payment date shall be thirty (30) working days after the receipt of an invoice for the amount of the contract payment due, except when:
   1. The state controller in the course of his or her audit determines that there is reasonable cause to believe that payment may not properly be due, in whole or in part;
   2. In accordance with specific statutory or contractual provisions payment must be preceded by an inspection period or by an audit to determine the resources applied or used by a contractor in fulfilling the terms of the contract;
   3. The necessary state government appropriation required to authorize payment has yet to be enacted;
   4. The cash balance of the fund or sub-fund from which the payment is to be made is insufficient to finance the payment;
   5. A proper invoice must be examined by the federal government prior to payment;
   6. The goods or property have not been delivered or the services have not been rendered by the contractor in compliance with the terms or conditions of the contract;
   7. The required payment date is modified in accordance with subsection (d) of this section.
3. Any time taken to satisfy or rectify any of the types of conditions described in subsection (b) shall extend the required payment date by an equal period of time.
4. Each state agency shall have five (5) working days after receipt of any invoice by the state agency at its designated payment office to notify the contractor of defects in the delivered goods, property, or services. Defects in the invoice or improprieties shall delay the commencement of the time period specified in subsection (b) of this section. When a state agency fails to notify a contractor of such defects or suspected improprieties within five (5) working days of receiving the invoice, the number of days allowed for payment of the corrected proper invoice will be reduced by the number of days between the fifth day and the day that notification was transmitted to the contractor. If the state agency, in such situations, fails to provide reasonable grounds for its contention that a defect or impropriety exists, the required payment date shall be calculated from the date of receipt of an invoice.
5. The budget office shall have five (5) working days after receipt of invoice to transmit the invoice to the controller’s office for processing.
6. Notwithstanding any provision of the general law of the state of Rhode Island or any tariffs promulgated in accord therewith to the contrary, the provisions of this chapter shall provide the sole basis for determining and making interest payments on invoices submitted by public utilities to state agencies.
7. A proper invoice submitted by the contractor shall be required to initiate any payment, except where the contract provides that the contractor will be paid at predetermined intervals without having to submit an invoice for each scheduled payment, in which case the state agency responsible for making the purchase shall submit an approval voucher to the state controller for the payment that is due and, for the purposes of determining eligibility for payment of interest and subject to the exception of time-to-rectify provisions of subsection (b) of this section, the required payment date shall be the payment due date specified in accordance with the contract.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-6. Computation of interest payment.

1. Interest payments on amounts due to a contractor according to this chapter shall be paid to the contractor for the period beginning on the date after the required payment date and ending on the day a proper invoice was approved for payment by the controller’s office.
2. Each state department, agency, or project administering state funds shall calculate and pay interest upon payment of the principal sums due. Interest payment shall accompany payment of the net amount due for goods and service.
3. Agencies shall not require companies to petition, invoice, bill, or wait any additional days to receive interest due.
4. Interest shall be paid at a rate equal to the prime interest rate as reported on the money market page of the Wall Street Journal published on the first regular business day of each month.
5. Unpaid interest shall compound every month overdue.
6. Interest shall be paid from funds appropriated to the particular state agency with which a contract exists. If more than one state agency has caused a late payment, with respect to a particular contract, each state agency shall bear a proportionate share of the interest payment.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-7. Determination of appropriations for interest payments.

Except in situations when federal law or other provisions of this chapter require otherwise, an interest payment required by this chapter shall be paid from the same appropriation as that from which the related proper invoice is paid, provided, however, that the interest payment shall not reduce the amount of money that otherwise will be payable to the contractor under the terms of the relevant contract and that if the obligation to make an interest payment is incurred in whole or in part because it takes the controller’s office more than seventeen (17) working days from the date it receives an approvable voucher from another state agency, excluding legal holidays, to process a contract payment, then the portion of the total interest payment that is attributable to delays by the controller’s office shall be paid from funds made available to the controller’s office. Notwithstanding any other provision of law to the contrary, if the amount of money available from any above mentioned appropriation to the state agency which received the proper invoice is insufficient to pay the interest and if for any reason it is not feasible for the director of the budget to exercise the transfer or interchange authority, the director of the budget may issue a voucher or vouchers transferring or interchanging within a fund such amount as is needed to pay the interest to the appropriation within the fund from the unspent balance of any appropriation that is available to the same state agency. In exercising the latter transfer or interchange authority, the director of the budget shall transfer or interchange amounts that are not needed to accomplish the purposes for which the appropriation was made, except, however, the director of the budget may, to the extent he or she deems it practicable, transfer or interchange amounts from appropriations that otherwise would be available for the administration and operations of the state agency which incurred the interest payment. Any such voucher or vouchers issued by the director of the budget shall be sent to the state controller.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-8. Exclusion of interest from reimbursement rates.

Any interest paid to a contractor under the provisions of this chapter shall not be included as revenue for the purposes of determining any reimbursement rates applicable to the contractor.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-9. Disclaimer of state responsibility for interest payments incurred by contractors.

In the event that an interest payment is made by or incurred by a contractor in the course of transacting business with any entity other than a state agency, the interest shall not be an obligation of the state and the state shall not reimburse the contractor for the interest, nor shall any monies expended for the interest payments be counted toward any matching requirement applicable to grants or payments of state funds unless expressly permitted by statute or regulation.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-10. Acceptance of payment.

The acceptance of payment, in whole or in part, by a contractor shall not be deemed to constitute a waiver of interest otherwise due under the provisions of this chapter.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-11. Chapter to control — Contractual waiver void.

No contract entered into after January 1, 1988 shall contain any provision requiring the payment of interest in a manner inconsistent with this chapter, and any provision contained in the contract which waives the right to the payment of interest is hereby declared to be contrary to public policy and wholly void.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-12. Judicial review.

Any determination made by a state agency according to § 42-11.1-5(d) shall be subject to judicial review in a proceeding according to the procedures outlined in the Administrative Procedures Act, chapter 35 of this title. The proceedings shall only be commenced in the absence, or upon completion, of other review procedures specified in the applicable contract or by applicable regulations.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-13. Court actions or other legal processes.

1. Notwithstanding any other provision of law to the contrary, the liability of the state government, insofar as incurring an obligation to make an interest payment to a contractor under the terms of this chapter is concerned, shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. Any interest payment owed by the state government in accordance with the provisions of this chapter as of that date shall be paid as directed by the court and, to the extent that the interest payment is attributable to processing delays caused by the state agency which received the proper invoice or by processing delays caused by the controller’s department, the interest payment shall be made from funds available to the state agency or to the controller’s department at the time of final judgment.
2. With respect to the court actions or other legal processes referred to in this section, any interest obligation incurred by the state government after the date specified in this section in accord with any provision of law other than this chapter shall be determined as prescribed by that separate provision of law, shall be paid as directed by the court, and shall be paid from any appropriation available for that purpose.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-14. Inapplicability of chapter.

1. The provisions of this chapter shall not apply to payments due and owing by the state:
   1. Under the eminent domain procedure law, chapter 6 of title 37;
   2. As interest allowed on judgments rendered by a court according to any provision of law other than those provisions contained in this chapter;
   3. To the federal government; to any state agency or its related instrumentalities; to any duly constituted unit of local government including, but not limited to, cities, towns, school districts, special districts, or any of their related instrumentalities; to any public authority or public benefit corporation; or to employees of state agencies when acting in, or incidental to, their public employment capacity;
   4. To contractors of third party payment agreements;
   5. To entities which receive state funds through any intermediary organization other than a state agency; or
   6. In situations where the controller exercises a legally authorized set-off against all or part of the payment due the contractor.
2. The treasury department shall have three (3) working days to transmit payment following receipt of paperwork from the controller’s office.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-15. Quarterly reports of late payments and interest.

The department of administration shall file quarterly reports with the governor and general treasurer. Included in the report shall be:

1. The date and dollar amount of late payments by state and agency; and
2. The amount of interest paid.

History of Section. P.L. 1987, ch. 73, § 1.

42-11.1-16. Partial payment — Certificate of continuance.

1. A nonprofit provider who provides services to a state agency pursuant to an existing contract shall notify the state agency ninety (90) days prior to the termination of the existing contract of its (the nonprofit provider’s) intent to enter into a new contract with the state agency to provide services. Notification shall be by certified mail, return receipt requested.
2. Within thirty (30) days of the receipt of the notification, the state agency shall enter into a new contract with the nonprofit provider or notify the nonprofit provider of its (the state agency’s) intent to enter into a new contract or notify the nonprofit provider that it (the state agency’s) will not enter into a new contract with the provider.
3. If the state notifies the nonprofit provider of its (the state agency’s) intent to enter into a new contract, and a new contract has not been effectuated fifteen (15) days prior to the termination of the existing contract, then the state shall issue to the nonprofit provider a certificate of continuance. No more than four (4) certificates of continuance for each individual nonprofit provider may be issued in a fiscal year.
4. The certificate of continuance shall be valid for thirty (30) days, shall allow the nonprofit provider to continue to provide the services and shall pay the nonprofit provider a sum, at least, equal to one-twelfth (1/12) of the most recently expired contract between the state agency and the nonprofit provider.

History of Section. P.L. 1989, ch. 101, § 2; P.L. 1993, ch. 407, § 1.

42-11.2-1. Short title.

This chapter shall be known and may be cited as “The Affordable Housing Opportunity Act of 1988”.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-2. Legislative purpose.

The general assembly recognizes and declares the following purpose for enacting this chapter:

1. There exists a serious shortage of decent, safe, and sanitary rental housing units that are available at rents affordable to low-income families in Rhode Island. Many families are denied access to decent housing because they are unable to meet the higher cost of rent. Rising housing costs in Rhode Island force low-income families to live in unsafe, substandard units; commit such an unreasonably high percentage of their income for rent that they deprive themselves of the other necessities of life; or, worse, find themselves without housing. The inadequacy in the supply of decent, safe, and sanitary affordable rental housing endangers the public health and jeopardizes the public safety, general welfare, and good of the entire state.
2. Federal housing assistance programs have not been able to meet the need to preserve existing rental units or construct new rental units for occupancy by low-income families. There is a compelling need to provide housing for low-income families in the state of Rhode Island. A rental assistance program is hereby established to be administered by the executive department to help provide low-income families with the opportunity to afford decent, safe, and sanitary housing.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-3. Definitions.

Terms used in this chapter shall be defined as follows, unless another meaning is expressed or clearly apparent from the language or context:

1. “Eligible owner” means any of the following entities, provided that it shall have the legal right to lease or sublease existing, newly constructed, or substantially rehabilitated dwelling units.
   1. A mutual housing association, a nonprofit housing development corporation, a limited equity housing cooperative, a limited partnership in which a nonprofit housing development corporation is the general partner, or a limited partnership in which a corporation wholly owned by a nonprofit housing development corporation is the general partner.
   2. Any other person or entity the department elects to contract with.
2. “Fair market rent” means the fair rental amount for a dwelling unit, as established by the executive department pursuant to § 42-11.2-9 .
3. “Housing costs” means an amount equal to the fair market rent for an assisted unit, plus a utility allowance for that unit as determined by the executive department.
4. “Limited equity housing cooperative” means a cooperative housing association or corporation organized and operated primarily for the benefit of low and moderate income persons, and whose equity, after allowance for maximum transfer value of its stock, is permanently dedicated to providing housing to persons of low or moderate income or to a charitable purpose.
5. “Low-income family” means an individual or family whose total income does not exceed sixty percent (60%) of the median family income adjusted by family size for the area of the state in which the family lives, as determined annually by the U.S. Department of Housing and Urban Development.
6. “Mutual housing association” means a nonprofit corporation, incorporated pursuant to chapter 6 of title 7 and having articles of incorporation approved by the executive director of the Rhode Island housing and mortgage finance corporation, having as one of its purposes the prevention and elimination of neighborhood deterioration and the preservation of neighborhood stability by affording community and resident involvement in the provision of high-quality, long-term housing for low and moderate income families in which residents: (i) participate in the ongoing operation and management of that housing; (ii) have the right to continue residing in the housing for as long as they comply with the terms of their occupancy agreement; and (iii) do not possess an equity or ownership interest in the housing.
7. “Nonprofit housing development corporation” means a nonprofit corporation, which has applied under 42 U.S.C. § 501(c)(3) for approval as a § 501(c)(3) corporation with the Internal Revenue Service, or been so approved, and which is organized and operated with one of its principal purposes being to provide housing for low and moderate income persons.
8. “Utility allowance” means an amount established by the executive department pursuant to § 42-11.2-10 .

History of Section. P.L. 1988, ch. 579, § 1; P.L. 2017, ch. 451, § 18.

42-11.2-4. Rental assistance — Unit based subsidies.

The executive department is hereby authorized to enter into contracts, not to exceed twenty (20) years in duration, to make rental assistance payments to eligible owners which acquire, construct, or substantially rehabilitate housing in which at least fifty percent (50%) of the units shall be available for occupancy by eligible tenants as defined in § 42-11.2-11 . In determining which projects shall receive rental assistance payments, priority shall be given to applications which contemplate the greatest percentage of units in the development for occupancy by low income families.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-5. Application for assistance payments by owner.

1. The executive department shall take applications for the unit based rental assistance program from eligible owners or prospective eligible owners of units eligible for assistance under this chapter.
2. The executive department shall require, as prerequisites to its approval of any application or its commitment of financial assistance hereunder, that:
   1. Any current eligible owner of units eligible for assistance under this chapter demonstrate that the financing of its acquisition, construction, or substantial rehabilitation of those units was secured upon reasonable terms acceptable to the department;
   2. Any prospective eligible owner of units eligible for assistance under this chapter secure the financing of its acquisition, construction, or substantial rehabilitation of the units upon the best reasonably available terms and conditions; and
   3. Any eligible owner or prospective eligible owner of units eligible for assistance under this chapter specifically agree to make at least fifty percent (50%) of all units available for and affordable to eligible tenants, as defined in § 42-11.2-11 , in perpetuity, or until such time as the department determines and specifically rules that the units may be disposed of or otherwise utilized in a manner and in circumstances in which:
      1. The occupants of such units will not be involuntarily displaced; and
      2. Such disposal or utilization will not adversely affect the availability of affordable housing in the city or town in which the units are located.
   4. Notwithstanding the provisions of subsection (b)(iii), any eligible owner that is a limited partnership with a corporate general partner which is either a nonprofit housing development corporation or wholly owned by a nonprofit housing development corporation and which had commenced construction prior to the effective date of this chapter on the housing units for which rental assistance payments are sought pursuant to this chapter shall be eligible for assistance under this chapter; provided, that the executive department has approved a plan submitted by the eligible owner providing for the future acquisition of the housing units by the nonprofit housing development corporation for the purpose of preserving the long-term affordability of the housing units eligible under this chapter.
3. For purposes of this section, a unit is considered to be affordable if the rent charged for the unit is no greater than the maximum fair market rent for the particular size unit as established by the U.S. Department of Housing and Urban Development for the Section 8 existing housing program under 42 U.S.C. § 1437f, and as the same may be amended from time to time.
4. The executive department may contract with an appropriate agency for the purpose of servicing the rental assistance program provided, however, the department may not delegate its authority to enter into contracts as provided herein.

History of Section. P.L. 1988, ch. 579, § 1; P.L. 1990, ch. 370, § 1.

42-11.2-6. Monthly assistance payments.

The monthly rental assistance payments for units eligible for assistance under this chapter shall be the difference between the housing costs for the unit, and the rent the family is required to pay under this chapter.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-7. Required contract provisions.

Contracts to make rental assistance payments under this chapter shall provide that:

1. The duration of rental assistance payments thereunder shall not exceed or extend beyond the duration of principal payments due and owing by the eligible owner upon the primary financing of the acquisition, construction, or substantial rehabilitation of the affected units.
2. The lease between the tenant and the eligible owner shall continue indefinitely unless the tenancy is terminated as provided in subdivision (3).
3. The eligible owner shall not terminate the tenancy during the term of any lease or at the end of any lease term except for serious or repeated violations of the terms and conditions of the lease, for violation of applicable state or local law, or for other good and substantial cause.
4. The obligations under the lease and rental agreement survive the sale of the units and shall be binding upon the new owner of the units.
5. The obligations under the contract between the eligible owner and the executive department shall survive the sale of the units subject to the contract and shall be binding upon any successor in interest of the eligible owner. The executive department shall cause a copy of the contract to be recorded in the land records office of the locality in which the assisted units are located within fifteen (15) days of execution of the contract.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-8. Anti-displacement provisions.

The executive department shall administer the affordable housing opportunity program in a manner that will cause the least permanent displacement of persons occupying existing dwelling units which may be assisted under this chapter.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-9. Fair market rent.

The executive department shall determine a fair market rent for each unit assisted under this chapter in an amount that is no greater than the maximum fair market rent for the particular size unit as established by the U.S. Department of Housing and Urban Development for the Section 8 existing housing program under U.S.C. § 1437f at the time that the unit first receives assistance under this chapter. The executive department shall further establish a schedule of rent increases that fairly provide for demonstrated reasonable increases in operating expenses associated with the units assisted under this chapter; provided, however, that the fair market rent for any unit may not, at any time, exceed the then-current maximum fair market rent for the particular size unit as established by the U.S. Department of Housing and Urban Development.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-10. Utility allowance.

1. The executive department shall establish a schedule of utility allowances for units assisted under this chapter. The utility allowances shall be set at a level sufficient to provide for the costs of adequate heat, electricity and water for the various size dwelling units assisted under this chapter.
2. The executive department shall, at least annually, review the utility allowance levels established to ensure that they remain sufficient to cover the costs of adequate utilities for units assisted under this chapter.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-11. Tenant eligibility.

1. In order to be eligible to reside in a unit assisted under this chapter, the tenant must be a low-income family as defined in § 42-11.2-3 .
2. Notwithstanding subsection (a) of this section, a tenant is eligible to reside in a unit assisted under this chapter if:
   1. The tenant was a low-income family at the time the tenant initially moved into the unit assisted under this chapter; or
   2. The tenant resided in the unit assisted under this chapter at the time that the unit first became assisted under this chapter.
3. 1. Any facility that operates in any manner as a homeless shelter and is located on state property that can accommodate up to five (5) homeless individuals shall not permit more than one bed to be utilized by persons registered, or who are required to register, as a sex offender under the laws of this state or of any other jurisdiction.
   2. Any facility that operates in any manner as a homeless shelter and is located on state property that can accommodate not less than six (6) nor more than twenty (20) homeless individuals shall not permit more than two (2) beds to be utilized by persons registered, or who are required to register, as a sex offender under the laws of this state or of any other jurisdiction.
   3. Any facility that operates in any manner as a homeless shelter and is located on state property that can accommodate at least twenty-one (21) and no more than fifty (50) homeless individuals shall not permit more than five (5) of the beds in the facility to be utilized to shelter persons who are registered, or are required to register, as a sex offender under the laws of this state or of any other jurisdiction.
   4. Any facility that operates in any manner as a homeless shelter and is located on state property that can accommodate more than fifty (50) homeless individuals shall not permit more than ten percent (10%) of the beds in the facility to be utilized to shelter persons who are registered, or are required to register, as a sex offender under the laws of this state or of any other jurisdiction.
   5. The state shall not establish nor maintain any homeless shelter within one thousand feet (1,000´) of a homeless shelter in existence as of January 1, 2017.
   6. None of the limitations and restrictions in subsections (c)(1) through (c)(5) shall apply to any healthcare facility.

History of Section. P.L. 1988, ch. 579, § 1; P.L. 2017, ch. 392, § 1.

42-11.2-12. Admission and selection of tenants.

1. Tenant selection shall be the responsibility of the owner, except that owners of units assisted under this chapter shall abide by the application and tenant selection policies and procedures established by the executive department.
2. The executive department shall develop application, waiting list, and tenant selection policies and procedures that are fair and reasonable and are consistent with the requirements of this chapter.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-13. Tenant rent.

Each eligible tenant receiving benefits under this chapter shall pay thirty percent (30%) of his or her adjusted income for its housing costs. Any amounts paid on behalf of tenants under the rental assistance program shall not be considered in determining the amount of welfare or other public assistance to which they are entitled.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-14. Regulations.

The executive department shall promptly develop regulations to implement the provisions of this chapter, pursuant to the Administrative Procedures Act, chapter 35 of this title. These regulations may include the establishment of priorities for review of applications from owners in furtherance of the legislative purpose of this chapter.

History of Section. P.L. 1988, ch. 579, § 1.

42-11.2-15. Annual report.

On or before January 15 of each calendar year, the executive department shall publish an annual report regarding its administration of the affordable housing opportunity program established under this chapter during the preceding calendar year, and shall include, at a minimum, the following:

1. The number of applications for assistance under this chapter received by the executive department.
2. The number of applications receiving a commitment for assistance under this chapter by the executive department.
3. For each application received by the executive department, the following information:
   1. The name, address, and telephone number of the applicant;
   2. The date of submission of the application;
   3. The name and address of all persons or entities having an ownership interest or other equity interest in the property which is the subject of the application for assistance;
   4. The total number of dwelling units contained in the development;
   5. The total number of units for which assistance under this chapter is sought;
   6. The address or location of the property which is the subject of the application;
   7. Whether the application is for acquisition, construction, or substantial rehabilitation of currently available dwelling units;
   8. The number of elderly units, units accessible to people with disabilities and family units for which assistance under this chapter is sought;
   9. Whether the application received a commitment for assistance under this chapter; and
   10. If the application did not receive a commitment for assistance, a short statement of the reasons why assistance was not or will not be provided.
4. The total number of units which have received assistance under this chapter since the inception of the affordable housing opportunity program.
5. Total funding remaining under the affordable housing opportunity program for the current fiscal year.

History of Section. P.L. 1988, ch. 579, § 1; P.L. 1999, ch. 83, § 114; P.L. 1999, ch. 130, § 114.

42-11.2-16. Funding.

Seventy percent (70%) of all funds appropriated to carry out the provisions of this chapter shall be designated for contracts entered into with eligible owners pursuant to § 42-11.2-3(b)(1), and thirty percent (30%) of all such funds shall be designated for contracts entered into with eligible owners pursuant to § 42-11.2-3(b)(2).

History of Section. P.L. 1988, ch. 579, § 1.

42-11.3-1. Definitions.

As used in this chapter, the following terms have the following meanings unless otherwise specified:

1. “General officer” means the governor, the lieutenant governor, the attorney general, the secretary of state, and the general treasurer.
2. 1. “Governmental body” means any department, commission, council, board, bureau, committee, institution, legislative body, agency, government corporation, including, without limitation, the council on postsecondary education and council on elementary and secondary education or other establishment of the executive, legislative or judicial branch of the state.
   2. “Governmental body” also means the Rhode Island industrial recreational building authority, the Rhode Island commerce corporation, the Rhode Island industrial facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance corporation, the Rhode Island solid waste management corporation, the Rhode Island public transit authority, the Rhode Island student loan authority, the Howard development corporation, the water resources board, the Rhode Island health and education building corporation, the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission, the Narragansett Bay water quality management district commission, Rhode Island telecommunications authority, the convention center authority, channel 36 foundation, their successors and assigns, and any other body corporate and politic which has been here before or which is hereinafter created or established within this state excepting cities and towns.
3. “Own” means control and the intent to control and includes any type of arrangement, including by way of illustration, and not by limitation, a lease arrangement, whereby an employee of a governmental body is supplied principal or exclusive use of a motor vehicle by his or her employer.
4. “Law enforcement officer” means an individual: (i) who is employed on a full-time basis by a governmental body that is responsible for the prevention or investigation of crime involving injury to persons or property (including the apprehension or detention of persons for such crimes); (ii) who is authorized by law to carry firearms, execute search warrants, and to make arrests (other than merely a citizen’s arrest); and (iii) who regularly carries firearms (except when it is not possible to do so because of the requirements of undercover work). The term law enforcement officer shall include an arson investigator if the investigator otherwise meets these requirements.
5. “Commuting” means driving a motor vehicle owned by a governmental body to and from the work place and the employee’s residence.
6. “Employee” means an individual who works for a governmental body not less than thirty-five (35) hours a week.

History of Section. P.L. 1991, ch. 44, art. 68, § 1; P.L. 2000, ch. 100, § 1; P.L. 2015, ch. 141, art. 7, § 17.

42-11.3-2. Registration of vehicles owned by a governmental body.

Every motor vehicle owned by a governmental body shall be registered in accordance with § 31-3-11.1 , permanent registration and plates, or § 31-3-15 , special plates for state officers and mayors. Vehicles used by law enforcement officers engaged in undercover operations are exempt from this section.

History of Section. P.L. 1991, ch. 44, art. 68, § 1; P.L. 2000, ch. 100, § 1.

42-11.3-3. Identification of vehicles owned by a governmental body.

The division of motor vehicles shall issue a distinctive colored plate for vehicles owned by a governmental body. The division of motor vehicles shall determine the color of the plate. Each vehicle owned by a governmental body shall display a decal on the rear window. The decal shall state: “Please report misuse” and the telephone number established for reporting shall be inserted. Unmarked law enforcement vehicles and the directors of various state departments are exempt from the provisions of this section.

History of Section. P.L. 1991, ch. 44, art. 68, § 1; P.L. 2000, ch. 100, § 1.

42-11.3-4. Reimbursement of governmental body for commuting mileage.

1. The user of a vehicle owned by a governmental body shall reimburse, on a monthly basis, costs incurred as a result of the use of the vehicle in commuting. No vehicle may be used for commuting except upon written approval of the employee’s appointing authority and the director of administration. That approval will terminate on December 31 of each year but may be annually renewed. Cost shall be determined by multiplying the number of miles by the rate set forth in 26 U.S.C. § 162.
2. The general officers, law enforcement officers, and the directors of the various state departments are exempt from this section provided however, that the use of a vehicle by a general officer for political purposes is subject to this section.
3. [Deleted by P.L. 2000, ch. 100, § 1.]
4. The director of each governmental body shall submit to the director of administration, the house fiscal advisory staff and the senate fiscal advisory staff the name and address of each user of a vehicle owned by a governmental body that is subject to recall at any time.
5. 1. Except for the following circumstances, the director of a governmental body shall not require an employee to use a vehicle owned by a governmental body for commuting purposes:
      1. Vehicles assigned to law enforcement officers;
      2. Vehicles assigned to employees who are on emergency response status; the need for these employees to respond to emergencies in an assigned vehicle must be clearly established and must be clearly beneficial to the state;
      3. Vehicles assigned to employees which serve as the employee’s primary office; the employees must work outside their work location for at least eighty percent (80%) of the workweek;
      4. Vehicles assigned to employees in situations where it is clearly more beneficial for the state if the employee goes directly from his or her residence to a temporary or seasonal work site;
      5. Vehicles assigned to employees who are using the vehicle on a per trip basis and are required to use the vehicle either before or after regular working hours; and
      6. Specially equipped vehicles assigned to employees who are required to work with the vehicle after their regular working hours.
   2. Notwithstanding subdivision (e)(1), no employee shall use a vehicle owned by a governmental body for commuting purposes except upon the written recommendation of the appointing authority and the written approval of the director of administration. Any approval will terminate on December 31 of each year, but may be annually renewed.
   3. Employees who have received approval to use an assigned vehicle for commuting purposes pursuant to this subsection are not required to reimburse the state for the use.
6. Nothing in this section affects the obligations of the vehicle operator as set forth in 26 U.S.C. § 280F.

History of Section. P.L. 1991, ch. 44, art. 68, § 1; P.L. 2000, ch. 100, § 1.

42-11.3-5. Annual report.

The director of administration shall annually in the month of January submit a report to the house fiscal advisory staff and the senate fiscal advisory staff on motor vehicles owned by a governmental body. The report shall identify the vehicle, the principal driver of the vehicle, the mileage incurred by the vehicle during the previous calendar year, the miles attributable to commuting in the previous calendar year, the maintenance record and cost of maintenance of the vehicle during the previous year and such other information as the director of administration requires.

History of Section. P.L. 1991, ch. 44, art. 68, § 1.

42-11.3-6. Rules and regulations.

The director of administration shall promulgate rules and regulations that are necessary to implement the provisions of this chapter.

History of Section. P.L. 1991, ch. 44, art. 68, § 1.

42-11.4-1. Establishment.

The Rhode Island municipal infrastructure grant program is hereby created within the Rhode Island infrastructure bank. The Rhode Island infrastructure bank shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limiting the generality of the preceding statement, the authority to:

1. Issue public infrastructure grants to municipalities and other public instrumentalities for design, construction, building, land acquisition, rehabilitation, repair, and other improvements to publicly owned infrastructure including, but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water-treatment systems, telecommunications systems, transit improvements, and pedestrian ways;
2. Assist municipalities to advance projects that support job creation and expansion, housing development and rehabilitation, community development projects in areas or districts that communities have determined are best suited to efficiently accommodate future growth and redevelopment, largely in previously developed areas with some level of existing or planned infrastructure;
3. Establish a fund within the Rhode Island infrastructure bank to receive and disburse such funds as may be available for the purpose of the program, subject to the provisions of this section;
4. Make and enter into binding commitments to provide grants to municipalities and other pubic instrumentalities from amounts on deposit in the program fund;
5. Engage the services of third-party vendors to provide professional services;
6. Establish one or more accounts within the fund; and
7. Such other authority as granted to the Rhode Island infrastructure bank under this chapter and chapter 12.2 of title 46.

History of Section. P.L. 2018, ch. 122, § 1; P.L. 2018, ch. 225, § 1; P.L. 2021, ch. 162, art. 9, § 3, effective July 6, 2021.

42-11.4-2. Eligibility.

Eligible public infrastructure projects authorized by this chapter shall be located on public land or on public leasehold, right-of-way or easement. A project that uses grants to municipalities for public infrastructure provided by this chapter shall be procured by a municipality in accordance with chapter 55 of title 45.

History of Section. P.L. 2018, ch. 122, § 1; P.L. 2018, ch. 225, § 1.

42-11.4-3. Solicitations.

1. There shall be at least one open solicitation period each year to accept and consider new applications. The Rhode Island infrastructure bank shall provide not less than eight (8) weeks’ notice before an open solicitation period. The Rhode Island infrastructure bank shall review and approve all applications for projects to be financed through the Rhode Island municipal infrastructure grant program. All grant awards shall be made after consultation with the Rhode Island division of statewide planning.
2. An eligible city or town, acting by and through its municipal officers or by and through any agency designated by the municipal officers to act on their behalf, may apply to the program for a grant in a specific amount to fund a specified project. Two (2) or more municipalities may apply jointly, with one municipality acting as fiscal agent. The grants may be made in addition to other forms of local, state, and federal assistance. Receipt of a grant that is part of a joint application shall not preclude a municipality from receiving additional funds under a separate application.

History of Section. P.L. 2018, ch. 122, § 1; P.L. 2018, ch. 225, § 1; P.L. 2021, ch. 162, art. 9, § 3, effective July 6, 2021.

42-11.4-4. Rules and regulations.

The Rhode Island infrastructure bank shall establish rules and regulations to govern the application and distribution of grants under the program, to include, but not be limited to, provisions for joint applications by two (2) or more eligible municipalities for a single project serving those municipalities. The rules and regulations shall include the criteria upon which the applications shall be judged including, but not limited to: a minimum project readiness standard; overall spending targets by project type; preferences for projects that align with the state’s prevailing economic development plan; and other preferences applying to that funding round.

History of Section. P.L. 2018, ch. 122, § 1; P.L. 2018, ch. 225, § 1; P.L. 2021, ch. 162, art. 9, § 3, effective July 6, 2021.

42-11.4-5. Reports.

The Rhode Island infrastructure bank shall report annually to the governor, speaker of the house, president of the senate, and the chairs of the house committee on finance, senate committee on finance, house committee on oversight, senate committee on government oversight, house committee on municipal government, senate committee on housing and municipal government, and the permanent joint committee on economic development. The report shall include a list and description of all projects that received grant funds under the program; the amount of the grant awarded to the project; other sources of public funds that supported the project; and a detailed analysis of the economic impact of each project including, where applicable, the number of construction and full-time equivalent jobs to be created, number of housing units to be created, the private investment in the project, and the expected tax revenue generated from the project.

History of Section. P.L. 2018, ch. 122, § 1; P.L. 2018, ch. 225, § 1; P.L. 2021, ch. 162, art. 9, § 3, effective July 6, 2021.

42-12-1. Department of human services.

1. There is hereby established within the executive branch of state government a department which shall be known as the department of human services. The department shall be headed by a director of human services who shall be appointed by the governor with the advice and consent of the senate and who shall serve at the pleasure of the governor.
2. The director shall carry out all of the provisions of all of the general and public laws heretofore carried out by the department of education and the director of social welfare with relation to:
   1. Vocational rehabilitation;
   2. Division of correctional services; and
   3. Division of community services, whose several functions are by this chapter transferred to the department of human services.

History of Section. Reorg. Plan No. 1, 1970; G.L. 1956, § 42-12-1 ; P.L. 1977, ch. 142, § 1.

42-12-1.1. Transfer of functions from the department of education.

There are hereby transferred to the director of the department of human services:

1. Those functions formerly administered by the department of education with respect to vocational rehabilitation;
2. All functions of vocational rehabilitation formerly of the department of education and of all other officers, employees, agencies and advisory councils, committees or commissions of vocational rehabilitation;
3. So much of other functions, or parts of functions, of the department of education as is incidental to or necessary for the performance of the functions transferred by subdivisions (1) and (2).

History of Section. Reorg. Plan No. 1, 1970; G.L. 1956, § 42-12-1.1 ; P.L. 1977, ch. 142, § 1.

42-12-1.2. Transfer of functions from the former department of social welfare.

There are hereby transferred to the director of the department of human services:

1. Those functions of the former department of social welfare which were administered through or with respect to the division of correctional services to include generally and specifically, the correctional institutions, the probation services and other similar functions (titles 8, 12, 13 and 40); and the division of community services to include generally and specifically the administration of all forms of relief, child welfare services and other related services (titles 8, 14, 30 and 40);
2. All functions of the division of correctional services and division of community services formerly of the department of social welfare including the administration of interstate compacts and of all other officers, employees, agencies, advisory councils, committees or commissions of the division of correctional services and division of community services;
3. So much of other functions or parts of functions of the former director of the department of social welfare as is incidental to or necessary for the performance of the functions transferred by subdivisions (1) and (2).

History of Section. Reorg. Plan No. 1, 1970; G.L. 1956, § 42-12-1 ; P.L. 1977, ch. 142, § 1.

42-12-1.3. Transfer of functions from the department of elderly affairs.

There is hereby transferred from the department of elderly affairs to the department of human services the following function: to provide and coordinate the “elderly/disabled transportation” program including a passenger cost sharing program as defined and provided for under rules and regulations promulgated by the department.

History of Section. P.L. 2009, ch. 68, art. 5, § 10.

42-12-1.4. Repealed.

History of Section. P.L. 2010, ch. 23, art. 7, § 3; Repealed by P.L. 2016, ch. 142, art. 4, § 13, effective June 24, 2016.

42-12-1.5. Transfer of functions from the office of energy resources.

1. There is hereby transferred from the office of energy resources to the department of human services the administration, management, all functions and resources associated with:
   1. The federal low-income home energy assistance program (LIHEAP), which provides heating assistance to eligible low-income persons and any state funded or privately funded heating assistance program of a similar nature assigned to it for administration;
   2. The weatherization assistance program, which offers home weatherization grants and heating system upgrades to LIHEAP eligible households; and,
   3. The emergency fuel program, which provides oil deliveries to families experiencing a heating emergency.
2. The department is authorized to request advisory assistance from the office of energy resources in order to maintain continuity of assistance provided to LIHEAP eligible households pursuant to § 39-2-1(d) .

History of Section. P.L. 2012, ch. 241, art. 4, § 11.

42-12-2. Management of institutions.

The department of human services shall have the management, supervision, and control of the adult correctional institutions, training school for boys, training school for girls, Doctor Patrick I. O’Rourke children’s center, and Rhode Island veterans’ home, and such other functions as have been or may be assigned. The department also shall operate, maintain and repair the buildings, grounds, and other physical property at the institutions, other than the roads and driveways thereof which shall be under the care and supervision of the department of transportation.

History of Section. P.L. 1939, ch. 660, § 81; P.L. 1951, ch. 2724, § 1; impl. am. P.L. 1955, ch. 3453, § 1; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 42-12-2 ; impl. am. P.L. 1962, ch. 5; as reen. 1969; Reorg. Plan No. 1, 1970.

42-12-3. Parole and probation.

The department of human services and director of human services shall perform the functions relating to parole and probation as prescribed by chapter 18 of title 12, and under such rules and regulations as may be adopted by the director of social and rehabilitative services with the approval of the governor and the parole board in the executive department.

History of Section. P.L. 1939, ch. 660, § 82; G.L. 1956, § 42-12-3 ; Reorg. Plan No. 1, 1970.

42-12-4. Welfare supervision.

The department of human services shall have supervision and management of:

1. All forms of public assistance under the control of the state;
2. Old-age assistance;
3. Aid to dependent children;
4. Aid to persons who are blind;
5. Unemployment relief; and
6. Aid to families of persons committed to state institutions within the department.

   The department shall also have supervision over the placement of children in private homes or institutions.

History of Section. P.L. 1939, ch. 660, § 83; G.L. 1956, § 42-12-4 ; Reorg. Plan No. 1, 1970; P.L. 1999, ch. 83, § 115; P.L. 1999, ch. 130, § 115.

42-12-5. Assistance on veterans’ claims.

The department of human services shall also prepare and present before the Veterans Administration of the United States all legal claims of veterans for compensation, disability allowance, insurance and pensions of veterans of World War I, and all other veterans to whom benefits have been extended pursuant to the provisions of chapter 22 of title 30 entitled “Extension of Veterans’ Benefits” who had a legal residence in this state at the time of entrance into the service or who have been qualified electors in this state for two (2) years next preceding the application for aid, and their personal representatives or dependents, or both, and shall render to such persons reasonable assistance in the preparation and presentation of any of those claims and shall perform such other duties as may be by law required. The department shall render such assistance without charge to the claimant.

History of Section. P.L. 1939, ch. 660, § 84; G.L. 1956, § 42-12-5 ; Reorg. Plan No. 1, 1970; P.L. 1988, ch. 432, § 2.

42-12-6. Unemployment relief.

The department of human services and director of the department of human services shall exercise and perform all the powers, duties, and functions formerly exercised or performed by the state unemployment relief commission, which was abolished by chapter 660 of the Public Laws of 1939.

History of Section. P.L. 1939, ch. 660, § 86; G.L. 1956, § 42-12-6 .

42-12-7. Special veterans’ funds.

The director of the department of human services shall have control and supervision over any special funds provided for decorating and installing metal markers on the graves of soldiers, sailors, airmen, and marines, for the burial of honorably discharged soldiers, for the assistance of World War I veterans and other expenditures relating to veteran soldiers, sailors, airmen, and marines.

History of Section. P.L. 1939, ch. 660, § 87; G.L. 1956, § 42-12-7 .

42-12-8. Vocational rehabilitation services provided by department.

The state department of human services is hereby authorized and empowered to provide for the vocational rehabilitation of persons with disabilities and their return to civil employment. If any person, by reason of disability, whether congenital or acquired by accident, injury or disease, including those persons suffering from acquired traumatic brain damage, is or may be expected to be totally or partly incapacitated for remunerative employment, the state department of human services may, if the person is a suitable subject for rehabilitation, assist in rendering him or her fit to engage in remunerative occupation by providing directly or through public or private instrumentalities, any service found by the department of human services to be necessary to compensate a person who is disabled for his or her employment barrier; such services including but not limited to, medical and vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration including prosthetic appliances, transportation, occupational licenses, customary tools and equipment, maintenance and training books and materials, and neuropsychological evaluation and cognitive retraining. Provided however, with respect to those persons suffering from acquired traumatic brain damage, the department of human services shall not have any jurisdiction over the housing of said persons.

History of Section. P.L. 1980, ch. 395, § 3; P.L. 1985, ch. 64, § 1; P.L. 1986, ch. 536, § 2; P.L. 1990, ch. 183, § 1; P.L. 1999, ch. 83, § 115; P.L. 1999, ch. 130, § 115.

42-12-8.1. Repealed.

42-12-9. Rehabilitation of disabled persons.

The state department of human services is hereby authorized to provide such medical, diagnostic, physical restoration, training, and other rehabilitation services as may be needed to enable disabled individuals, including those suffering from acquired traumatic brain damage, to attain the maximum degree of self care. The powers herein delegated and authorized for the state department of human services shall be in addition to those previously authorized by any other law. This provision shall become effective when and if federal grant-in-aid funds are authorized and appropriated by Congress for participation in the cost of independent living rehabilitation services for disabled persons in order to enable them to attain the maximum degree of self care. In the event the Congress of the United States, by legislative act or appropriation, authorizes the establishment of such a state-federal grant-in-aid program, the state department of human services shall be authorized to co-operate with whatever federal agency is directed to administer the federal aspects of the program and to comply with such requirements and conditions as may be established and the receipt and disbursement of federal grant-in-aid funds which may be made available to the state of Rhode Island in carrying out the program. Provided however, with respect to those persons suffering from acquired traumatic brain damage, the department of human services shall not have any jurisdiction over the housing of said persons.

History of Section. P.L. 1980, ch. 395, § 3; P.L. 1985, ch. 64, § 1; P.L. 1990, ch. 183, § 1.

42-12-10. Rehabilitation of disadvantaged persons.

The state department of human services is hereby authorized to provide vocational evaluation and work adjustment services to disadvantaged persons who are disabled and other individuals disadvantaged by reason of their youth or advanced age, low educational attainment, ethnic or cultural factors, prison or delinquency records, or other conditions which constitute a barrier to employment. Services may also be provided to family members when necessary to the rehabilitation of the disadvantaged.

History of Section. P.L. 1980, ch. 395, § 3; P.L. 1999, ch. 83, § 115; P.L. 1999, ch. 130, § 115.

42-12-11. Cooperation in administration of federal statutes.

The state department of human services shall cooperate, pursuant to agreements, with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation and is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of the agreements on plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of the federal statutes.

History of Section. P.L. 1980, ch. 395, § 3.

42-12-12. Appropriations and disbursements.

The general assembly shall annually appropriate such sums as it may deem necessary for the purpose of carrying out the provisions of this chapter; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums, or so much thereof as may from time to time be required, upon receipt by him or her of proper vouchers approved by the executive officer of the state department of human services.

History of Section. P.L. 1980, ch. 395, § 3.

42-12-13. Acceptance and use of gifts.

The department of human services is hereby authorized and empowered to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the state department of human services are proper and consistent with the provisions of this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of this chapter.

History of Section. P.L. 1980, ch. 395, § 3.

42-12-14. Persons requiring permanent care or not susceptible to rehabilitation.

This chapter shall not apply to helpless persons requiring permanent custodial care or to persons who in the judgment of the department of human services may not be susceptible to rehabilitation.

History of Section. P.L. 1980, ch. 395, § 3.

42-12-15. Acceptance of federal vocational rehabilitation act — Custody of funds.

The state of Rhode Island hereby accepts the provisions of the act passed by the United States Congress entitled “An Act to Provide for the Promotion of Vocational Rehabilitation of Persons Disabled in Industry or Otherwise, and Their Return to Civil Employment,” approved by the president, June 2, 1920. The state department of human services is hereby empowered and directed to co-operate with the Federal Office of Vocational Rehabilitation in the administration of that act of Congress within the state of Rhode Island. The general treasurer shall receive and provide for the proper custody of all money paid to the state from the federal treasury under the provisions of that act of Congress, and shall disburse the money upon orders drawn under the direction of the state department of human services and signed by the executive officer of the department.

History of Section. P.L. 1980, ch. 395, § 3.

42-12-16. Acceptance of amendments to federal act — Custody of funds.

The state of Rhode Island hereby accepts the provisions of chapter 190, Public Law 113, 78th Congress, which amends the act entitled “An Act to Provide for The Promotion of Vocational Rehabilitation of Persons Disabled in Industry or Otherwise and Their Return to Civil Employment,” approved June 2, 1920, as amended, and for other purposes, and designates the state department of human services as a state agency for administering in Rhode Island the provisions of that act. The general treasurer is hereby designated as custodian of federal funds paid to the state of Rhode Island under the provisions of chapter 190, Public Law 113, and shall make payments from those funds upon receipt by him or her of proper vouchers or orders approved by the executive officer of the state department of human services and the state controller.

History of Section. P.L. 1980, ch. 395, § 3.

42-12-17. Agreements as to disability determinations — Funds.

The department of human services with the approval of the governor is hereby authorized to enter into an agreement on behalf of the state with the secretary of Health, Education and Welfare of the United States to carry out the provisions of the federal Social Security Act, 42 U.S.C. § 301 et seq., relating to the making of determinations of disability. The general treasurer is hereby authorized and directed to act as custodian of the moneys paid by the federal government to the state to carry out the agreement referred to in this section and shall disburse the moneys in accordance with the direction of the department of human services.

History of Section. P.L. 1980, ch. 395, § 3.

42-12-18. Transfer of powers and functions from department of human services.

There are hereby transferred to the department of administration:

1. Those functions of the department of human services which were administered through or with respect to departmental programs in the performance of strategic planning as defined in § 42-11-10(c) ;
2. All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of human services who were performing strategic planning functions as defined in § 42-11-10(c) ; and
3. So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of human services as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and (2).

History of Section. P.L. 1985, ch. 181, art. 29, § 4.

Liberal Construction.

Section 18 of P.L. 1985, ch. 181, art. 29 provides for the liberal construction of all sections amended or enacted by P.L. 1985, ch. 181, art. 29, §§ 1-17.

42-12-19. Permanent advisory commission on traumatic brain injuries — Commission established.

1. There is hereby established a permanent advisory commission on traumatic brain injuries.
2. The purpose of the commission shall be to:
   1. Report on all matters relating to traumatic brain injury in Rhode Island to the governor and the general assembly.
   2. Advise the executive office of health and human services, the department of behavioral healthcare, developmental disabilities and hospitals, and the department of health regarding the development of priorities and criteria for disbursement of moneys in response to both individual requests and grant-seeking entities from the traumatic brain injury fund. The priorities and criteria shall be in accordance with the expenditure guidelines set forth in § 42-12-28 .
   3. Advise the executive office of health and human services, the department of behavioral healthcare, developmental disabilities and hospitals, and the department of health on all matters regarding traumatic brain injury.
3. The commission shall consist of twenty-six (26) members. They shall meet not less than four (4) times a year and report their findings annually to the governor and general assembly. The members of the commission shall serve without compensation. The commissioners shall elect their own officers on a biennial basis.
4. The membership of the commission shall be as follows: The secretary of the executive office of health and human services or his or her designee, the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designee; the director of the department of health or his or her designee; the director of the department of human services or his or her designee; the director of the department of education or his or her designee, all of whom shall serve ex-officio; the chief of neurosurgery at Rhode Island Hospital or his or her designee; the president and executive director or two (2) designees of the Brain Injury Association of Rhode Island; the director of the Rhode Island Disability Law Center or his or her designee; the governor or his or her designee; and sixteen (16) persons appointed by the governor as follows: eight (8) persons who are unrelated, seven (7) of whom must have a traumatic brain injury, and one of whom may be an immediate family member of an individual with a traumatic brain injury; one person who is a neurologist; one person who is a physiatrist; one person who is a neuropsychologist; one person who is a cognitive rehabilitation specialist; one of whom is a traumatic brain injury case manager; one of whom is a physical therapist or occupational therapist; one of whom is a representative of a post-acute rehabilitation facility; and one person who is a community-based service provider.
5. The first meeting of the members of the commission shall be called to order by the governor or his or her designee within ninety (90) days of the effective date of this act [July 7, 2006]. Of the sixteen (16) members appointed by the governor, three (3) shall serve a term of one year, three (3) shall serve a term of two (2) years, and four (4) shall serve a term of three (3) years. Upon expiration of the initial term, commission members shall serve terms of three (3) years. The initial terms of commission members shall be determined by lot.

History of Section. P.L. 1986, ch. 536, § 1; P.L. 2001, ch. 180, § 97; P.L. 2006, ch. 363, § 1; P.L. 2006, ch. 456, § 1; P.L. 2013, ch. 285, § 1; P.L. 2013, ch. 382, § 1; P.L. 2013, ch. 501, § 5; P.L. 2019, ch. 211, § 1; P.L. 2019, ch. 222, § 1; P.L. 2020, ch. 79, art. 2, § 24.

42-12-20. Responsibility of director — Traumatic brain injury.

It shall be the responsibility of the director of the department of human services to provide rehabilitative services for persons with traumatic brain injury including the development of instate comprehensive community-based services.

The department of human services, in consultation with the permanent advisory commission on traumatic brain injuries, shall promulgate such rules and regulations in accordance with the Administrative Procedures Act, chapter 35 of title 42, as are necessary and proper to ensure responsible management and operation of § 42-12-30 .

History of Section. P.L. 1986, ch. 536, § 1; P.L. 2006, ch. 363, § 1; P.L. 2006, ch. 456, § 1.

42-12-21. “Traumatic brain injury” defined.

As used in this chapter, “traumatic brain injury” means an injury to the skull, the brain contents or its coverings, not of a degenerative or congenital nature, which may or may not produce an altered state of consciousness or result in temporary or permanent decrease of mental, cognitive, behavioral or physical functioning which causes partial or total disability.

History of Section. P.L. 1986, ch. 536, § 1; P.L. 2006, ch. 363, § 1; P.L. 2006, ch. 456, § 1.

42-12-22. Confidentiality of personal information — Authorized uses.

1. All personal information contained in the records of the department of human services which is identifiable to an applicant for or recipient of vocational rehabilitation services under this chapter is hereby declared to constitute a confidential matter. Except as expressly provided herein, it shall be unlawful for any person to make use of, or cause to be used, any of such personal information contained in the records of the department of human services for purposes not directly connected with the administration of the vocational rehabilitation programs of the department of human services. The director of the department of human services shall have the power to establish rules and regulations governing the custody, preservation, disclosure, or release of the records, papers, files and communications containing that personal information.
2. The department shall release or disclose the personal information described in subsection (a):
   1. Upon the written request of the applicant or recipient, or his or her authorized representative; or
   2. If required by federal law or regulations; or
   3. In response to law enforcement investigations and fraud or abuse investigations, except where release or disclosure is expressly prohibited by federal or state law or regulations; or
   4. In response to judicial order.

      Provided, however, that when the personal information has been obtained by the department from another department, agency, organization or individual, it shall be released by, or under the conditions established by, the other department, agency organization, or individual. Nothing in this section shall be deemed to prohibit the director of the department of human services, or his or her agents duly authorized for that purpose, from issuing any statistical material or data, or publishing or causing the same to be published whenever he or she shall deem it to be in the public interest.

History of Section. P.L. 1988, ch. 98, § 1.

42-12-23. Child care — Planning and coordinating.

1. 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.
2. 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 childcare providers licensed;
   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 childcare staff salaries and training and education programs; and
   8. Recommendations for any changes in childcare public policy.
3. [Deleted by P.L. 2019, ch. 88, art. 4, § 14].
4. The department is hereby charged with the responsibility of ensuring that a statewide childcare 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.

History of Section. P.L. 1988, ch. 148, § 1; P.L. 1998, ch. 31, art. 11, § 5; P.L. 2007, ch. 340, § 13; P.L. 2019, ch. 88, art. 4, § 14.

42-12-23.1. Quality of early care and education and school-age child care through voluntary quality rating system.

1. 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 12.5 of title 42 and approved under chapter 48 of title 16, including, without limitation, childcare centers, family childcare homes, group family childcare homes, school-age childcare 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.
2. 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.
3. 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 childcare services in Rhode Island.

History of Section. P.L. 2007, ch. 141, § 2; P.L. 2007, ch. 272, § 2; P.L. 2019, ch. 88, art. 4, § 14.

42-12-24. Development, innovation and start-up of early education and care programs.

1. The general assembly shall annually appropriate to the department of human services such funds as it deems necessary to enable the department to develop and expand availability of child care providers and programs. The development and expansion of child care providers and programs shall include, without limitation, the development of innovative start-up arrangements linked to small businesses, the development of programs and providers in geographically underserved areas, and the establishment of before and after school programs with priority to be given by the department to programs linked to schools, to infant/toddler programs, programs related to child opportunity zone family centers, and programs that serve children with special health needs or developmental risks. Funds may be used for start up costs which may include building, rehabilitation or construction costs.
2. The director of the department of human services is further authorized to request such appropriation for each state fiscal year as he or she deems necessary to carry out the program and purposes of this section.

History of Section. P.L. 1998, ch. 31, art. 11, § 6.

42-12-25. Child care training, accreditation, technical assistance, and monitoring.

1. The general assembly shall annually appropriate to the department of human services such funds as it deems necessary to enable the department to assist providers in obtaining national accreditation, to expand child care staff development and training, and for technical assistance and monitoring, including but not limited to, activities which provide:
   1. Training opportunities for child care providers which foster a coordinated link between the providers and the schools;
   2. Specialized training for providers of infant/toddler and/or pre-adolescent care;
   3. Evaluation of child care providers and programs through parent surveys and formal evaluation techniques;
   4. Technical assistance and training for current and prospective non-English speaking providers.
2. The director of the department of human services is further authorized to request such appropriation for each state fiscal year as he or she deems necessary to carry out the programs and purposes of this section.

History of Section. P.L. 1998, ch. 31, art. 11, § 6.

42-12-26. Expansion and enhancement of early education and care for low-income children.

1. The general assembly shall annually appropriate such funds as it deems necessary to enable the department of human services to establish a program whose express purposes are:
   1. To increase the numbers of eligible children in existing Head Start program, especially in underserved areas; and
   2. To increase resources to child care providers for the enhancement of services to low income children. Enhancement of services shall include social services, health, mental health, nutrition service, parent involvement and transition services for children entering kindergarten.
2. The director of the department of human services is further authorized to request such appropriation for each state fiscal year as he or she deems necessary to carry out the programs and purposes of this section.
3. A panel comprised of the members of the children’s cabinet and five (5) members of the public, to be chosen by the chairperson of the children’s cabinet, shall be responsible for determining how the funds prescribed in this section shall be allocated; and shall by May 1, 1999 establish the methodology of enhancing comprehensive services in child care programs serving low income children and establish the numbers of additional Head Start slots in underserved areas to be funded; provided, however, that priority shall be given in the allocation of funds to applicants who serve children in underserved communities; who integrate children with special needs; who collaborate with existing early education and care programs and other existing services including child opportunity zone family centers, schools and agencies providing health, mental health, nutrition and social services; and who address the child care needs of the families to be served.

History of Section. P.L. 1998, ch. 31, art. 11, § 6.

42-12-27. Repealed.

42-12-28. Child support enforcement functions.

1. The department of human services is authorized and directed to operate a statewide child support enforcement program. The department shall be responsible for activities assigned to it by law, including, but not limited to, establishing paternity, establishing, enforcing, modifying child support and medical orders, and the collection and distribution of payments of child and medical support, pursuant to IV-D of the Social Security Act, 42 USC § 651 et seq., titles 15 and 40 of the Rhode Island general laws and other applicable state and federal child support laws and regulations.
2. The department is authorized to provide by rule for the payment of child support and/or medical support received from any in-state, or interstate employers, making income withholdings, and from collections received from other state collection and disbursement units and foreign jurisdictions, by electronic funds transfer (EFT) when the child support and/or medical support is required to be paid in connection with a court or administrative order for support to the state’s central collection and disbursement unit. The department may promulgate any regulations necessary to implement this section including regulations that specify the form, frequency, and content of electronic funds transfer messages and electronic data information in order to insure the proper receipt and crediting of the child support and/or medical support payments. The department and the tax administrator, division of taxation, department of administration, are authorized to enter into cooperative agreements to facilitate and coordinate the electronic funds transfer, receipt and crediting of child support and/or medical support payments, in furtherance of their respective duties and functions under this section and § 44-1-31 .

History of Section. P.L. 2005, ch. 117, art. 15, § 2.

42-12-29. Children’s health account.

1. There is created within the general fund a restricted receipt account to be known as the “children’s health account.” All money in the account shall be utilized by the executive office of health and human services (“executive office”) to effectuate coverage for the following service categories: (1) Home health services, which include pediatric private duty nursing and certified nursing assistant services; (2) Cedar comprehensive, evaluation, diagnosis, assessment, referral and evaluation (CEDAR) services, which include family center services, home-based therapeutic services, personal assistance services and supports (PASS), and kids connect services; and (3) Child and adolescent treatment services (CAITS). All money received pursuant to this section shall be deposited in the children’s health account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the executive office.
2. Beginning July 1, 2017, a portion of the amount collected pursuant to § 42-7.4-3 , up to the actual amount expended or projected to be expended by the state for the services described in subsection (a) of this section, less any amount collected in excess of the prior year’s funding requirement as indicated in subsection (c) of this section, but in no event more than the limit set forth in subsection (d) of this section (the “child health services funding requirement”), shall be deposited in the “children’s health account.” The funds shall be used solely for the purposes of the “children’s health account,” and no other.
3. The executive office shall submit to the general assembly an annual report on the program and costs related to the program, on or before February 1 of each year. The executive office shall make available to each insurer required to make a contribution pursuant to § 42-7.4-3 , upon its request, detailed information regarding the children’s health programs described in subsection (a) and the costs related to those programs. Any funds collected in excess of funds needed to carry out the programs shall be deducted from the subsequent year’s funding requirements.
4. The total amount required to be deposited into the children’s health account shall be equivalent to the amount paid by the executive office for all services, as listed in subsection (a), but not to exceed twelve thousand five hundred dollars ($12,500) per child, per service, per year.
5. The children’s health account shall be exempt from the indirect cost recovery provisions of § 35-4-27 .

History of Section. P.L. 2006, ch. 246, art. 34, § 5; P.L. 2008, ch. 100, art. 20, § 1; P.L. 2010, ch. 23, art. 19, § 1; P.L. 2011, ch. 151, art. 11, § 1; P.L. 2014, ch. 145, art. 16, § 3; P.L. 2017, ch. 302, art. 9, § 9.

42-12-30. Expenditures under the traumatic brain injury program.

Expenditures of the assessments under the traumatic brain injury program shall be for the following purposes:

1. As the payor of last resort for individuals who have exhausted all other health or rehabilitation benefit funding services for services covered under this section.
2. Services including, but not limited to: case management; cognitive rehabilitation; transitional living; structured day programs; assistive technology services; devices and equipment; transportation; housing; neuropsychological evaluations; behavioral health treatment; substance abuse treatment; respite; and other services and/or assistance as deemed appropriate by the commission for individuals with traumatic brain injury to accomplish a successful re-entry and maintenance in the community.
3. Grants to community-based programs, private providers and municipal governments for the purpose of expanding or developing services targeted for individuals with brain injuries as well as for system development and maintenance. Such grants shall be awarded only after consultation with the commission and pursuant to the criteria developed jointly by that body, the department of human services, the department of health and the department of behavioral healthcare, developmental disabilities and hospitals.
4. Funding for public information and prevention education and for the continuation of the resource center coordinated by the Brain Injury Association of Rhode Island.

History of Section. P.L. 2006, ch. 456, § 2.

42-12.1-1. Behavioral healthcare, developmental disabilities and hospitals.

1. There is hereby established within the executive branch of state government a department which shall be known as the department of behavioral healthcare, developmental disabilities and hospitals. The department shall be headed by a director of behavioral healthcare, developmental disabilities and hospitals who shall be appointed by the governor with the advice and consent of the senate and who shall serve at the pleasure of the governor.
2. The director shall carry out all of the provisions of all of the general and public laws heretofore carried out by the director of health and the director of social welfare with relation to:
   1. Office of mental retardation;
   2. Division of curative services;
   3. Division of business services with the exception of the licensing of homes for aged and convalescent persons; and
   4. Mental health law;

      whose several functions are by this chapter transferred to the department of behavioral healthcare, developmental disabilities and hospitals.

History of Section. Reorg. Plan No. 1, 1970; G.L. 1956, § 42-12.1-1 ; P.L. 1977, ch. 142, § 1.

42-12.1-2. Transfer of functions from the department of health.

There are hereby transferred to the director of the department of behavioral healthcare, developmental disabilities and hospitals:

1. Those functions formerly administered by the department of health through or with respect to the office of mental retardation and the Dr. Joseph H. Ladd Center (title 23);
2. All functions of the office of mental retardation and Dr. Joseph H. Ladd Center formerly of the department of health and of all other officers, employees, agencies and advisory councils, committees or commissions of the office of mental retardation, and Dr. Joseph H. Ladd Center;
3. So much of other functions or parts of functions formerly of the director of the department of health as is incidental to or necessary for the performance of the functions transferred by subdivisions (1) and (2).

History of Section. Reorg. Plan No. 1, 1970; G.L. 1956, § 42-12.1-2 ; P.L. 1977, ch. 142, § 1.

42-12.1-3. Transfer of functions from the former department of social welfare.

There are hereby transferred to the director of the department of behavioral healthcare, developmental disabilities and hospitals:

1. Those functions of the former department of social welfare which are administered through or with respect to the division of curative services, to include generally and specifically the hospitals, mental institutions and other similar agencies (titles 14, 26 and 40); the division of business services to include generally and specifically all central management, financial and other services concerned with business and servicing operations, specifically excluding however the licensing of homes for the aged and convalescent persons (title 40); and the mental health law (title 40);
2. All functions of the division of curative services, division of business services, and the mental health law formerly of the department of social welfare and of all other officers, employees, agencies and advisory councils, committees or commissions of the division of curative services, division of business services, and the mental health law;
3. So much of other functions or parts of functions of the former director of the department of social welfare as is incidental to or necessary for the performance of the functions transferred by subdivisions (1) and (2).

History of Section. Reorg. Plan No. 1, 1970; G.L. 1956, § 42-12.1-3 ; P.L. 1977, ch. 142, § 1.

42-12.1-4. Management of institutions.

The department of behavioral healthcare, developmental disabilities and hospitals shall have the management, supervision, and control of the Eleanor Slater Hospital and such other functions as have been or may be assigned. The department also shall operate, maintain, and repair the buildings, grounds, and other physical property at those institutions, other than the roads and driveways, which shall be under the care and supervision of the department of transportation.

History of Section. Reorg. Plan No. 1, 1970; G.L. 1956, § 42-12.1-4 ; P.L. 1977, ch. 142, § 1; P.L. 1978, ch. 236, § 2; P.L. 1983, ch. 186, § 1; P.L. 2002, ch. 173, § 1.

42-12.1-5. The Dr. Johannes Virks Rehabilitation Center.

The “H” building at the Rhode Island medical center shall hereafter be named the “Dr. Johannes Virks Rehabilitation Center.”

History of Section. P.L. 1979, ch. 6, § 1.

42-12.1-6. The Dr. John F. Regan Health Care Services Center.

The health care services building of the division of curative services, on and after May 7, 1981, shall be officially named and known as the “Dr. John Regan Health Care Services Center.”

History of Section. P.L. 1981, ch. 35, § 1.

42-12.1-7. The Margaret S. Walsh Park.

That certain park located on the grounds of the Rhode Island medical center consisting of approximately 5.9 acres and bounded on the south by Howard Avenue, the east by Chapel Road, the north by Maintenance Access Road, and the west by West Road shall be officially named and known as the “Margaret S. Walsh Park.”

History of Section. P.L. 1984, ch. 169, § 1.

42-12.1-8. Transfer of powers and functions from department of behavioral healthcare, developmental disabilities and hospitals.

There are hereby transferred to the department of administration:

1. Those functions of the department of behavioral healthcare, developmental disabilities and hospitals which were administered through or with respect to departmental programs in the performance of strategic planning as defined in § 42-11-10(c) ;
2. All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of behavioral healthcare, developmental disabilities and hospitals who were performing strategic planning functions as defined in § 42-11-10(c) ;
3. So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of behavioral healthcare, developmental disabilities and hospitals as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and (2).

History of Section. P.L. 1985, ch. 181, art. 29, § 2.

Liberal Construction.

Section 18 of P.L. 1985, ch. 181, art. 29 provides for the liberal construction of all sections amended or enacted by P.L. 1985, ch. 181, art. 29, §§ 1 — 17.

42-12.1-9. The Eleanor Slater Hospital.

The facilities known as the general hospital, the institution of mental health and the Dr. U. E. Zambarano within the state of Rhode Island shall hereafter be named the “Eleanor Slater Hospital.”

History of Section. P.L. 1993, ch. 82, § 1; P.L. 1998, ch. 391, § 7; P.L. 2002, ch. 173, § 1.

42-12.2-1. Establishment of centers.

The department of human services is hereby authorized to establish centers for independent living. The centers for independent living will provide client centered services that assist individuals with significant disabilities in their efforts to achieve independent living as an alternative to institutionalization and/or unnecessary dependency on others. The department of human services through its vocational rehabilitation agency shall be responsible for the administration of the program but may contract with nonprofit organizations in carrying out the provisions of this chapter and in accordance with Title VI of the Vocational Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.

History of Section. P.L. 1983, ch. 257, § 1; P.L. 1999, ch. 55, § 1; P.L. 1999, ch. 107, § 1.

42-12.2-2. Definitions.

1. “Center for independent living”  means a program of services or a facility which offers a combination of independent living services for individuals with significant disabilities or groups of individuals with significant disabilities such as, but not limited to:
   1. Intake counseling to determine the individual with significant disabilities need for specific independent living services;
   2. Referrals and counseling services with respect to attendant care;
   3. Counseling and advocacy services with respect to legal and economic rights and benefits;
   4. Peer counseling;
   5. Independent living skills, counseling and training, including training in the maintenance of necessary equipment, counseling on therapy needs and programs, and special independent living skill training for individuals who are blind or deaf;
   6. Housing and transportation referral and assistance;
   7. Surveys, directories, and other activities to identify appropriate housing and accessible transportation and other support services;
   8. Community group living arrangements;
   9. Education and training necessary for living in the community and participating in community activities;
   10. Individual and group social and recreational activities;
   11. Other programs and services necessary to provide resources, training, counseling services, or other assistance of substantial benefit in promoting the independence, productivity, and quality of life for individuals with significant disabilities.
2. “Client directed services”  means services that are planned and delivered with the active involvement of the client (consumer).
3. “Consumer”  means a person or groups of persons with severe disabilities who are or would be capable of independently managing and directing their own lives given the appropriate training and resources.
4. “Consumer directed organization”  means:
   1. An organization with substantial involvement of consumers on its boards of directors and at the staff level;
   2. An organization which subscribes rigorously to a policy of client directed services.
5. “Nonprofit organization”  means an organization incorporated in the state of Rhode Island and exempt from federal taxation under the provisions of § 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).
6. “Individual with a significant disability”  means an individual with a severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community or to continue in employment, respectively.

History of Section. P.L. 1983, ch. 257, § 1; P.L. 1999, ch. 55, § 1; P.L. 1999, ch. 107, § 1.

42-12.2-3. Eligibility requirements.

The center for independent living shall provide independent living services to any individual with a significant disability.

History of Section. P.L. 1983, ch. 257, § 1; P.L. 1999, ch. 55, § 1; P.L. 1999, ch. 107, § 1.

42-12.2-4. Organizations eligible to provide services.

An organization eligible to provide a center for independent living must be a nonprofit consumer directed organization incorporated in the state of Rhode Island.

History of Section. P.L. 1983, ch. 257, § 1.

42-12.2-5. The Corkery House.

The Substance Abuse Facility in Richmond, Rhode Island, shall hereafter be named and known as the “Corkery House” in honor of Representative Neil Corkery and his many years of service in the substance abuse community.

History of Section. P.L. 1993, ch. 284, § 1.

42-12.2-6. Provision of services.

The independent living centers shall provide services to individuals with a range of significant disabilities. The centers shall provide services on a cross disability basis (for individuals with all different types of significant disabilities, including individuals with disabilities who are members of populations that are unserved or underserved by programs). Eligibility for services at any center for independent living shall be determined by the center, and shall not be based on the presence of any one or more specific significant disabilities.

History of Section. P.L. 1999, ch. 55, § 2; P.L. 1999, ch. 107, § 2.

42-12.3-1. Short title.

This chapter shall be known as the “1993 Health Care Act for Children and Pregnant Women”.

History of Section. P.L. 1993, ch. 398, § 1.

42-12.3-2. Purposes.

1. It is the intent of the general assembly to assure access to the comprehensive health care by providing health insurance to all Rhode Islanders who are uninsured;

   Universal comprehensive coverage for all Rhode Islanders is a goal to be achieved over the course of several years;

   The first step in providing comprehensive health coverage is to assure coverage for the most vulnerable residents of the state;

   Uninsured pregnant women and children under age eight (8) are among the most vulnerable residents of the state; and

   The governor’s health care advisory committee has provided advice and recommendations in its report of January, 1993 to improve access to health care for pregnant women and children up to age six (6);

   The objectives to meet the goal of comprehensive health coverage are:

   1. Every child under age eight (8) in Rhode Island will have a reliable source of health coverage and health care;
   2. Every pregnant woman in Rhode Island will have early and comprehensive prenatal and maternity care services;
   3. All low income families will have improved access to family planning and reproductive services; and
   4. Every pregnant woman and child in Rhode Island will receive effective, preventive primary care.
2. To assure access to care and availability of services, the following principles will guide the design of the health care act:
   1. There will be equal access to health care for children and pregnant women, regardless of the type of coverage;
   2. There shall be an emphasis on primary and preventive care which will include a “medical home” for every child;
   3. Current deficiencies in the fee for service delivery system will be addressed;
   4. In addition to accessibility of health care, provisions must be made to address language, cultural and transportation barriers;
   5. Enrollment must be both timely and accomplished in a user friendly fashion;
   6. An adequate source of primary care providers should be developed;
   7. An enhanced set of services should be developed to support and address the needs of families at risk.

History of Section. P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1; P.L. 2007, ch. 340, § 14.

42-12.3-3. Medical assistance expansion for pregnant women/RIte Start.

1. The director of the department of human services is authorized to amend its Title XIX state plan pursuant to Title XIX of the Social Security Act to provide Medicaid coverage and to amend its Title XXI state plan pursuant to Title XXI of the Social Security Act to provide medical assistance coverage through expanded family income disregards for pregnant women whose family income levels are between one hundred eighty-five percent (185%) and two hundred fifty percent (250%) of the federal poverty level. The department is further authorized to promulgate any regulations necessary and in accord with Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act necessary in order to implement said state plan amendment. The services provided shall be in accord with Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act.
2. The director of the department of human services is authorized and directed to establish a payor of last resort program to cover prenatal, delivery and postpartum care. The program shall cover the cost of maternity care for any woman who lacks health insurance coverage for maternity care and who is not eligible for medical assistance under Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act including, but not limited to, a noncitizen pregnant woman lawfully admitted for permanent residence on or after August 22, 1996, without regard to the availability of federal financial participation, provided such pregnant woman satisfies all other eligibility requirements. The director shall promulgate regulations to implement this program. Such regulations shall include specific eligibility criteria; the scope of services to be covered; procedures for administration and service delivery; referrals for non-covered services; outreach; and public education. Excluded services under this subsection will include, but not be limited to, induced abortion except in cases of rape or incest or to save the life of the pregnant individual.
3. The department of human services may enter into cooperative agreements with the department of health and/or other state agencies to provide services to individuals eligible for services under subsections (a) and (b) above.
4. The following services shall be provided through the program:
   1. Ante-partum and postpartum care;
   2. Delivery;
   3. Cesarean section;
   4. Newborn hospital care;
   5. Inpatient transportation from one hospital to another when authorized by a medical provider; and
   6. Prescription medications and laboratory tests.
5. The department of human services shall provide enhanced services, as appropriate, to pregnant women as defined in subsections (a) and (b), as well as to other pregnant women eligible for medical assistance. These services shall include: care coordination, nutrition and social service counseling, high risk obstetrical care, childbirth and parenting preparation programs, smoking cessation programs, outpatient counseling for drug-alcohol use, interpreter services, mental health services, and home visitation. The provision of enhanced services is subject to available appropriations. In the event that appropriations are not adequate for the provision of these services, the department has the authority to limit the amount, scope and duration of these enhanced services.
6. The department of human services shall provide for extended family planning services for up to twenty-four (24) months postpartum. These services shall be available to women who have been determined eligible for RIte Start or for medical assistance under Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act.

History of Section. P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1; P.L. 1997, ch. 30, art. 34, § 6; P.L. 2009, ch. 68, art. 23, § 5; P.L. 2019, ch. 27, § 9; P.L. 2021, ch. 395, § 11, effective July 14, 2021.

42-12.3-4. “RIte track” program.

There is hereby established a payor of last resort program for comprehensive health care for children until they reach nineteen (19) years of age, to be known as “RIte track.” The department of human services is hereby authorized to amend its Title XIX state plan pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act as necessary to provide for expanded Medicaid coverage through expanded family income disregards for children, until they reach nineteen (19) years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level. Provided, however, that healthcare coverage provided under this section shall also be provided in accordance to Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., to a noncitizen child who is lawfully residing in the United States, and who is otherwise eligible for such assistance. The department is further authorized to promulgate any regulations necessary, and in accord with Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act as necessary in order to implement the state plan amendment. For those children who lack health insurance, and whose family incomes are in excess of two hundred fifty percent (250%) of the federal poverty level, the department of human services shall promulgate necessary regulations to implement the program. The department of human services is further directed to ascertain and promulgate the scope of services that will be available to those children whose family income exceeds the maximum family income specified in the approved Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] state plan amendment.

History of Section. P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1; P.L. 1996, ch. 129, § 15; P.L. 1996, ch. 131, § 15; P.L. 1996, ch. 132, § 15; P.L. 1996, ch. 133, § 15; P.L. 1997, ch. 30, art. 34, § 6; P.L. 1999, ch. 31, art. 17, § 1; P.L. 1999, ch. 184, § 1; P.L. 1999, ch. 228, § 1; P.L. 1999, ch. 244, § 1; P.L. 2006, ch. 246, art. 25, § 2; P.L. 2006, ch. 246, art. 40, § 2; P.L. 2007, ch. 340, § 15; P.L. 2008, ch. 9, art. 10, § 2; P.L. 2009, ch. 68, art. 23, § 5; P.L. 2021, ch. 395, § 11, effective July 14, 2021.

42-12.3-5. Managed care.

The delivery and financing of the health care services provided pursuant to §§ 42-12.3-3 and 42-12.3-4 shall be provided through a system of managed care.

A managed care system integrates an efficient financing mechanism with quality service delivery, provides a “medical home” to assure appropriate care and deter unnecessary and inappropriate care, and places emphasis on preventive and primary health care. In developing a managed care system the department of human services shall consider managed care models recognized by the health care financing administration. The department of human services is hereby authorized and directed to seek any necessary approvals or waivers from the U.S. Department of Health and Human Services, Health Care Financing Administration, needed to assure that services are provided through a mandatory managed care system. Certain health services may be provided on an interim basis through a fee for service arrangement upon a finding that there are temporary barriers to implementation of mandatory managed care for a particular population or particular geographic area. Nothing in this section shall prohibit the department of human services from providing enhanced services to medical assistance recipients within existing appropriations.

History of Section. P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1.

42-12.3-5.1. Emergency Care.

The department of human services shall ensure that managed care organizations providing services under this chapter comply with the “prudent lay person” emergency care coverage standard as required by § 1931 (b) of Title XIX of the Social Security Act.

History of Section. P.L. 1999, ch. 189, § 1; P.L. 1999, ch. 306, § 1.

42-12.3-6. Eligibility and services.

The department of human services may enter into any necessary cooperative agreements with the department of health and/or other state agencies required to assure that for both the RIte Start and the RIte Track Programs enrollment, eligibility and service delivery can be determined and provided in a timely, efficient and user friendly manner. The cooperative agreements shall permit eligible persons to be enrolled at community health centers and other community-based organization(s). The department of human services is hereby directed to assign enrollment workers to such centers and organizations as may be necessary to achieve the purposes of this section. The benefit package for the RIte Track program shall include multi-disciplinary evaluation and treatment for children with significant developmental disabilities and developmentally delayed children enrolled in RIte Track.

History of Section. P.L. 1993, ch. 398, § 1; P.L. 1994, ch. 400, § 1; P.L. 1995, ch. 370, art. 22, § 1.

42-12.3-7. Financial contributions.

The department of human services may require the payment of enrollment fees, sliding fees, deductibles, co-payments, and/or other contributions based on ability to pay. These fees shall be established by rules and regulations to be promulgated by the department of human services or the department of health, as appropriate.

History of Section. P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1.

42-12.3-8. Enhanced services for children.

1. The department of human services shall develop a panel of enhanced services to be available as appropriate to RIte Track and medical assistance recipients under the age of eighteen (18), who are considered at risk, as defined by department of human services regulations. These services shall include, but not be limited to: care coordination, home visitation, nutrition counseling, parenting skills education. These services may be performed through a fee for service, contractual arrangement, or capitated rate as determined by the department of human services. The provision of enhanced services is subject to available appropriations; in the event that appropriations are not adequate for the provision of these services, the department has the authority to limit the amount, scope, and duration of these enhanced services, and to limit eligibility for enhanced services to children under the age of eight (8). Nothing in this section shall prohibit the department of human services from providing enhanced services to a medical assistance recipient, within existing appropriations.
2. Except as provided in subsection (c) below, the department of human services shall also provide pediatric palliative care services to eligible children under the age of nineteen (19) years who have a terminal illness, provided that such services qualify for federal financial participation. These services shall be designed to achieve an improved quality of life and to meet the physical and emotional needs experienced by the patient during the course of the terminal illness and death. The services offered shall be determined by the department and may include, but are not limited to, consultations for pain and symptom management, case management and assessment, social services, counseling, volunteer support services, and respite services. The services shall be provided by licensed health care facilities that meet the criteria established by regulations promulgated by the department. The department is further authorized to establish limits on the services provided under this section.
3. The department shall be the payor of last resort with respect to services provided under subsection (b) above. With respect to children under the age of nineteen (19) years who are covered by an individual or family health insurance plan or program that provides payment in whole or in part for the type of pediatric palliative health care services listed in subsection (b) above, the department shall coordinate benefits with these primary payors, and provided further that payments by the department shall be in accordance with the department’s fee schedules.

History of Section. P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1; P.L. 1996, ch. 129, § 15; P.L. 1996, ch. 131, § 15; P.L. 1996, ch. 132, § 15; P.L. 1996, ch. 133, § 15; P.L. 2003, ch. 182, § 1; P.L. 2003, ch. 192, § 1.

42-12.3-9. Insurance coverage — Third party insurance.

1. No payment will be made nor service provided in the RIte Start or RIte Track program with respect to any health care that is covered or would be covered, by any employee welfare benefit plan under which a woman or child is either covered or eligible to be covered either as an employee or dependent, whether or not coverage under such plan is elected.
2. A premium may be charged for participation in the RIte Track or RIte Start programs for eligible individuals whose family incomes are in excess of two hundred fifty percent (250%) of the federal poverty level and who have voluntarily terminated health care insurance within one year of the date of application for benefits under this chapter.
3. Every family who is eligible to participate in the RIte Track program, who has an additional child who because of age is not eligible for RIte Track, or whose child becomes ineligible for RIte Track because of his or her age, may be offered by the managed care provider with whom the family is enrolled, the opportunity to enroll such ineligible child or children in the same managed care program on a self-pay basis at the same cost, charge or premium as is being charged to the state under the provisions of this chapter for other covered children within the managed care program. The family may also purchase a package of enhanced services at the same cost or charge to the department.

History of Section. P.L. 1993, ch. 398, § 1.

42-12.3-10. Administration.

The department of human services may cooperate through interagency cooperative agreements, with the department of health and/or other state agencies, and any other agreements they deem necessary, to assure that health care services for eligible pregnant women and children under the age of eighteen (18) are provided in an efficient and timely basis. The department of human services shall monitor and evaluate the medical services and health outcomes of clients served by the RIte Track and RIte Start programs. The department of human services shall be responsible for assuring marketing, enrollee relations, quality assurance, provider recruitment, and network development. The department is hereby authorized to promulgate any and all necessary rules and regulations to carry out the intent of this chapter.

History of Section. P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1; P.L. 1996, ch. 129, § 15; P.L. 1996, ch. 131, § 15; P.L. 1996, ch. 132, § 15; P.L. 1996, ch. 133, § 15.

42-12.3-11. Appropriations — Authorization to pay for health care.

The general assembly shall annually appropriate to the department of human services such sums as it may deem necessary to carry out the purposes of this chapter. Authorization to pay for health care services specified in this chapter shall be made by representatives of the department of human services, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums or so much thereof as may be required from time to time, upon the receipt by him or her of properly authenticated vouchers, provided, however, that the department of human services may enter into cooperative agreements for the transfer of funds to effectuate the purposes set forth in this chapter.

History of Section. P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1.

42-12.3-12. Assignment of medical support rights.

Any person who is determined eligible for RIte Start, or RIte Track, or the title XIX state plan is hereby deemed to have made an assignment of rights to medical support in accordance with § 40-6-9(b) , and the provisions of § 40-6-9(b) and (d) are incorporated herein by reference and shall apply to such person.

History of Section. P.L. 1993, ch. 398, § 1.

42-12.3-13. Severability.

If any provision in any section of this chapter or the application thereof to any person or circumstances is held invalid, its invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

History of Section. P.L. 1993, ch. 398, § 1.

42-12.3-14. Benefits and coverage — Exclusion.

For as long as the United States Department of Health and Human Services, Health Care Financing Administration Project No. 11-W-0004/1-01 entitled “RIte Care” remains in effect, any health care services provided pursuant to this chapter shall be exempt from all mandatory benefits and coverage as may otherwise be provided for in the general laws.

History of Section. P.L. 1994, ch. 70, art. 36, § 1.

42-12.3-15. Expansion of RIte track program.

The Department of Human Services is hereby authorized and directed to submit to the United States Department of Health and Human Services an amendment to the “RIte Care” waiver project number 11-W-0004/1-01 to provide for expanded Medicaid coverage for children until they reach eight (8) years of age, whose family income levels are to two hundred fifty percent (250%) of the federal poverty level. Expansion of the RIte track program from the age of six (6) until they reach eighteen (18) years of age in accordance with this chapter shall be subject to the approval of the amended waiver by the United States Department of Health and Human Services. Healthcare coverage under this section shall also be provided to a noncitizen child lawfully residing in the United States, and who is otherwise eligible for such assistance under Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [ 42 U.S.C. § 1397aa et seq.]

History of Section. P.L. 1995, ch. 370, art. 22, § 2; P.L. 1996, ch. 129, § 15; P.L. 1996, ch. 131, § 15; P.L. 1996, ch. 132, § 15; P.L. 1996, ch. 133, § 15; P.L. 1997, ch. 30, art. 34, § 6; P.L. 2006, ch. 246, art. 40, § 2; P.L. 2007, ch. 340, § 15; P.L. 2008, ch. 9, art. 10, § 2; P.L. 2009, ch. 68, art. 23, § 5; P.L. 2021, ch. 395, § 11, effective July 14, 2021.

42-12.3-16. Repealed.

42-12.4-1. Short title.

This chapter shall be known and may be cited as “The Rhode Island Medicaid Reform Act of 2008.”

History of Section. P.L. 2008, ch. 100, art. 17, § 1.

42-12.4-2. Legislative intent.

1. It is the intent of the general assembly that Medicaid shall be a sustainable, cost-effective, person-centered and opportunity-driven program utilizing competitive and value-based purchasing to maximize available service options; and
2. It is the intent of the general assembly to fundamentally redesign the Medicaid Program in order to achieve a person-centered and opportunity-driven program; and
3. It is the intent of the general assembly that the Medical Assistance Program be a results oriented system of coordinated care that focuses on independence and choice that maximizes the available service options, promotes accountability and transparency; encourages and rewards healthy outcomes and responsible choices; and promotes efficiencies through interdepartmental cooperation.
4. The executive office of health and human services and the department of human services are authorized and shall apply for and obtain a global waiver and/or any necessary waivers and/or state plan amendments from the secretary of the United States Department of Health and Human Services, including, but not limited to, a waiver of the appropriate sections of Title XIX, 42 U.S.C. § 1396 et seq. The application for and the provisions of such waiver(s) and/or state plan amendments shall be implemented as follows:
   1. The federal waiver application process shall be overseen by the respective finance committees of both chambers of the general assembly. Ten (10) days prior to submission to the federal government, the executive office of health and human services and the department of human services will provide the general assembly with the proposed submission data related to the federal global waiver application required by the federal Centers for Medicare and Medicaid Services;
   2. Prior to the final acceptance of the federal global waiver by the state, the executive office of health and human services and the department of human services shall allow the respective finance committees of both chambers of the general assembly to review all materials related to the federal global waiver, including the materials submitted by the state and the tentative approval letter; moreover, the executive office of health and human services and the department of human services may accept the federal global waiver if the general assembly does not repeal the authority to pursue the global waiver within thirty (30) days of the receipt of the proposed federal waiver;
   3. Upon the enactment of legislation related to the federal waiver(s), the executive office of health and human services and the health and human services agencies, as defined in § 42-7.2-2 , are authorized and directed to adopt rules and regulations in order to implement the provisions of the federal waiver(s) and/or state plan amendments.

History of Section. P.L. 2008, ch. 100, art. 17, § 1.

42-12.4-3. Legislative enactments.

Until statutory changes are enacted through the legislative process, all applicable laws remain in effect. It may be necessary to propose legislative changes in order to comply with the federal waiver(s). In order to effectuate additional programmatic changes to the Medicaid program beyond those authorized in the 2008 legislative session, and as authorized by the federal waiver, the executive office of health and human services and the department of human services shall propose the additional appropriate legislative amendments. Such additional legislative changes cannot be effectuated until the necessary statutory enactments have been passed.

History of Section. P.L. 2008, ch. 100, art. 17, § 1.

42-12.4-4. Public hearings and recommendations.

The chairpersons of the house finance committee and senate finance committee shall hold public hearings on such additional proposed legislation, if proposed, to determine whether or not such legislation satisfies the goals enumerated herein and would result in substantial new opportunities for the medical assistance program on a cost neutral basis over a period not to exceed five (5) years.

History of Section. P.L. 2008, ch. 100, art. 17, § 1.

42-12.4-5. Permanent joint committee of the Global Waiver Compact — Composition.

After the approval of the global waiver by the federal Centers for Medicare and Medicaid Services, there shall be created a permanent joint committee on the global waiver compact to consist of the following twelve (12) members: the chair of the house finance committee; the chair of the senate finance committee; the chair of the house health, education and welfare committee; the chair of the senate health and human services committee; two (2) members of the house finance committee appointed by the speaker of the house; two (2) members of the senate finance committee appointed by the senate president; two (2) members of the house of representatives appointed by the speaker of the house, one of whom shall be from the minority party; and two (2) members of the senate appointed by the senate president, one of whom shall be a member of the minority party.

The speaker of the house and the senate president shall consult with the house and senate minority leaders on the appointments of the minority members.

History of Section. P.L. 2008, ch. 100, art. 17, § 1.

42-12.4-6. Powers and duties of the permanent joint committee on the Global Waiver Compact.

The permanent joint committee on the state Global Waiver Compact shall have the authority to:

1. Provide oversight on the Global Waiver Compact;
2. Confer as the committee deems desirable with the directors of all departments within the executive office of health and human services;
3. Recommend the type of services for the Medicaid program to be offered by the state;
4. Issue subpoenas, subpoenas duces tecum and orders for the production of books, accounts, papers, records and documents; and
5. Make recommendations to the general assembly and propose legislation regarding the state Medicaid Program.

History of Section. P.L. 2008, ch. 100, art. 17, § 1.

42-12.4-7. Demonstration implementation — Restrictions.

The executive office of health and human services and the department of human services may implement the global consumer choice section 1115 demonstration (“the demonstration”), project number 11W-00242/1, subject to the following restrictions:

1. Notwithstanding the provisions of the demonstration, any change that requires the implementation of a rule or regulation or modification of a rule or regulation in existence prior to the demonstration shall require prior approval of the general assembly;
2. Notwithstanding the provisions of the demonstration, any formal waiver amendments, as defined in the demonstration, or state plan amendments shall require the prior approval of the general assembly.

History of Section. P.L. 2009, ch. 68, art. 22, § 1; P.L. 2009, ch. 69, § 1; P.L. 2019, ch. 88, art. 13, § 13.

42-12.4-8. Demonstration expiration or termination.

In the event the demonstration is suspended or terminated for any reason, or in the event that the demonstration expires, the executive office of health and human services, is directed and authorized to apply for an extension or renewal of the section 1115 research and demonstration waiver or any new waiver(s) that, at a minimum, ensure continuation of the waiver authorities in existence prior to the acceptance of the demonstration. The office shall ensure that any such actions are conducted in accordance with applicable federal guidelines pertaining to section 1115 demonstration waiver renewals, extensions, suspensions or terminations. The executive office of health and human services to the extent possible shall ensure that said waiver authorities are reinstated prior to any suspension, termination, or expiration of the demonstration.

History of Section. P.L. 2009, ch. 68, art. 22, § 1; P.L. 2009, ch. 69, § 1; P.L. 2013, ch. 144, art. 19, § 3.

42-12.4-9. Demonstration implementation taskforce.

1. Purpose.  The general assembly is committed to a public participatory process to implement Medicaid reform through the demonstration. To assure such a process, following final acceptance of the demonstration by the state, the executive office of health and human service and the department of human services shall establish a demonstration implementation taskforce. The taskforce shall work collaboratively with the executive office of health and human services and the department of human services to plan, design, and implement changes to the Medicaid program under the demonstration and to evaluate the impact of such changes and of the demonstration.
2. Chair.  The taskforce shall be co-chaired by a senior state official of EOHHS/DHS and a member of the community who is knowledgeable about the Medicaid program and the populations and services it funds in Rhode Island as well as with the provisions of the demonstration.
3. Taskforce composition.  There are distinct populations that receive services funded through the Medicaid program including: children and youth with special healthcare needs, adults and children with developmental disabilities, adults with serious and persistent mental illness and/or addiction disorders and children with severe emotional disturbance, adults with disabilities, adults age sixty-five (65) and older and low-income children and families. It is the intent of the general assembly that the taskforce includes members who are knowledgeable about the needs of these populations and the services currently provided to them.

   Members of the taskforce shall be appointed by the director of the department of human services. The membership shall include: for each distinct population two (2) consumers or family members of consumers, one member of an advocacy organization and one member of a policy organization; a representative from organizations that either provide or represent entities that provide services to Medicaid beneficiaries including, but not limited to, health plans, hospitals community health centers, community mental health organizations, licensed substance abuse treatment providers, licensed healthcare practitioners, nursing facilities, and home and community-based service providers.

   Total membership shall not exceed forty-five (45) individuals. The executive office of health and human services/department of human services shall provide necessary staff support to effectively operate the taskforce.

4. Duration.  The taskforce shall remain in effect so long as the demonstration is in effect.
5. Meeting frequency and relationship to the permanent joint committee of the demonstration compact: The taskforce shall meet no less than monthly and shall report on its activities to the permanent joint committee of the demonstration compact established pursuant to § 42-12.4-5 . The permanent joint committee shall appoint a member to serve as a liaison to the taskforce.

History of Section. P.L. 2009, ch. 68, art. 22, § 1; P.L. 2009, ch. 69, § 1.

42-12.5-1. Statement of purpose.

1. The director of the department of human services shall establish within the department a unit to license and monitor child daycare service providers to protect the health, safety, and well-being of children while being cared for as a commercial service and are away from their homes.
2. Services for children requiring licensure under this chapter shall include all child daycare providers that offer services within the state, except as defined in § 42-12.5-5 .

History of Section. P.L. 2019, ch. 88, art. 4, § 15.

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 daycare 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-hour (24) day to children away from their homes.
5. “Child daycare 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-hour (24) day irrespective of compensation. It shall include child daycare 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 daycare provider” means a person or agency that offers daily care and/or supervision offered commercially to the public for any part of a twenty-four-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 daycare 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 caregiver.
10. “Group family daycare 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-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 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.

History of Section. P.L. 2019, ch. 88, art. 4, § 15.

42-12.5-3. Powers and scope of activities.

1. The department shall issue, deny, suspend, and revoke licenses for, and monitor the operation of, facilities and programs by child daycare providers, as defined in § 42-12.5-2 .
2. 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 procedures 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 daycare 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 daycare providers and children at any child daycare center or family daycare 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.
3. The department through its licensing unit shall administer and manage the regulations pertaining to the licensing and monitoring of child daycare providers, and shall exercise all statutory and administrative powers necessary to carry out its functions.
4. The administrator shall investigate complaints of noncompliance, and shall take licensing action as may be necessary pursuant to this chapter.
5. 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.
6. The department may promulgate rules and regulations for the establishment of child daycare centers located on the second floor.
7. 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.
8. 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 that are necessary and appropriate to improving the quality of child day care offered by child daycare 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.
9. Notwithstanding the transfer of licensing to and the licensing and monitoring of day and childcare facilities to the department of human services, pursuant to chapter 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 daycare or childcare 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.

History of Section. P.L. 2019, ch. 88, art. 4, § 15.

42-12.5-4. License required.

1. No person shall receive or place children in child daycare services, including daycare 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.
2. 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.
3. No person, firm, corporation, association, or agency shall operate a family daycare home without a registration certificate issued by the department, unless they hold an unexpired registration certificate issued by the department of children, youth and families prior to January 1, 2020.
4. No state, county, city, or political subdivision shall operate a child daycare agency or center, program, or facility without a license issued pursuant to this chapter.
5. No person shall be exempt from a required license by reason of public or private, sectarian, non-sectarian, child daycare program, for profit or nonprofit status, or by any other reason of funding, sponsorship, or affiliation.

History of Section. P.L. 2019, ch. 88, art. 4, § 15.

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 daycare 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 of Rhode Island as follows:
   1. Child daycare center license — five hundred dollars ($500);
   2. Group family daycare home license — two hundred and fifty dollars ($250); and
   3. Family daycare home license — one hundred dollars ($100).
3. All fees collected by the state pursuant to 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 daycare program without the necessity for a separate fire, building, or radon inspection, when said child daycare 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.

History of Section. P.L. 2019, ch. 88, art. 4, § 15.

42-12.5-6. Violations, suspensions and revocations of license.

1. 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.
2. 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.
3. During a suspension, the facility or program shall cease operation.
4. 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.
5. 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.
6. 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-year (3) period from the date of revocation.
7. 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.
8. Any child daycare provider, as defined in this chapter, who has exhausted all administrative remedies within the department of human services and 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 .
9. The Rhode Island family 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 this chapter or chapter 72.1 of this title.

History of Section. P.L. 2019, ch. 88, art. 4, § 15.

42-12.5-7. Penalties for violations.

1. 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.
2. 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.
3. Any individual, firm, corporation, or other entity who maintains or conducts a family daycare 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.
4. The department shall refer any violations to the attorney general’s office for prosecution.

History of Section. P.L. 2019, ch. 88, art. 4, § 15.

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 daycare facility for any program when their child is in attendance.

History of Section. P.L. 2019, ch. 88, art. 4, § 15.

42-13-1. Establishment — Head of departments — Powers.

1. There shall be a department of transportation. The head of the department shall be the director of transportation, appointed by the governor with the advice and consent of the senate, who shall carry out the provisions of this chapter and, except as otherwise provided by this title, the provisions of chapters 2 and 4 of title 1; chapters 8 and 10 of title 24; chapter 13 of title 31; chapter 12 of title 37; and of all other general laws heretofore carried out by the director of public works and the department of public works, the Rhode Island turnpike and bridge authority, and the council on highway safety. The director shall also be responsible for preparation of short-range plans, project plans, and implementation programs for transportation; for port and waterways facilities where the principal purpose is transportation and management of port properties, warehouses, and state piers which function primarily as transportation facilities; and for maintaining an adequate level of rail passenger and freight services, including the administration of any financial or technical assistance which may be made available to operators of railroad transportation facilities; provided, however, that all contracts for the construction, reconstruction, maintenance, and repairs of all public roads and bridges, public buildings and all other properties of the state government, and the purchase of all equipment, materials, and supplies used in accordance therewith shall be negotiated by the purchasing agent in the department of administration.
2. The director shall adopt and promulgate state regulations which will set standards for future state, city and town construction and maintenance of sidewalks and curbs, in a manner which will make the use of the sidewalks more easily accessible to people who are disabled. Said standards shall require the installation of curb cuts and/or ramps at both ends of any pedestrian crosswalk. The director shall adopt and promulgate a procedure to process all claims pursuant to § 24-8-35 , for damages to motor vehicles caused by potholes on state highways and in all instances have the final determination as to the merits of each claim.
3. The director shall promulgate and adopt regulations which will prohibit any contractors who have been convicted of fraud, bid-rigging, or a violation of any state or federal antitrust law from bidding on any construction projects administered by the department for a period of five (5) years from the date of any of the above convictions.

History of Section. P.L. 1970, ch. 111, § 2; P.L. 1977, ch. 62, § 1; P.L. 1979, ch. 16, § 2; P.L. 1985, ch. 506, § 1; P.L. 1994, ch. 70, art. 21, § 2; P.L. 1999, ch. 83, § 116; P.L. 1999, ch. 130, § 116; P.L. 2010, ch. 206, § 2; P.L. 2010, ch. 213, § 2.

42-13-1.1. Flag personnel and police officers for state highway projects.

The director of the department of transportation, or his or her designee, shall have the power with respect to all state highway and bridge projects to determine the necessity for and the number of civilian flag personnel or police officers, as the requirements of highway safety may dictate, at the discretion of the director or his or her designee.

History of Section. P.L. 1987, ch. 342, § 1.

42-13-2. Organization and functions of the department.

1. The department shall be organized in accordance with a project management-based program and shall utilize an asset management system.
   1. A project management-based program manages the delivery of the department’s portfolio of transportation improvement projects from project conception to the project completion. Project management activities include:
      1. Managing and reporting on the delivery status of portfolio projects;
      2. Developing overall workload and budget for the portfolio;
      3. Developing and implementing the tools to estimate the resources necessary to deliver the projects; and
      4. Developing and implementing processes and tools to improve the management of the projects.
   2. Asset management is the process used for managing transportation infrastructure by improving decision making for resource allocation. Asset management activities include a systemic process based on economic, engineering, and business principles which includes the following functions:

      (i) Completing a comprehensive inventory of system assets;

      (ii) Monitoring system performance; and

      (iii) Performing analysis utilizing accurate data for managing various assets within the transportation network.

2. The director of transportation shall appoint a chief operating officer to oversee the day-to-day operations of the department.
3. The department shall be organized into such divisions as are described in this section and such other divisions, subdivisions, and agencies as the director shall find are necessary to carry out the responsibilities of the department, including: division of finance; division of planning; division of project management; division of operations and maintenance; office of civil rights; office of safety; office of external affairs; office of legal; office of personnel; office of information services.
4. The director may assign such other responsibilities as he or she shall find appropriate and may reassign functions other than as set out in this section if he or she finds the reassignment necessary to the proper and efficient functioning of the department or of the state’s transportation system.
5. The department shall submit a report annually no later than March 31 to the speaker of the house, the president of the senate, and the house and senate fiscal advisors concerning the status of the ten-year (10) transportation plan.
6. Any functions, duties, and staff relating to the Rhode Island department of transportation’s external audit section shall be transferred to the Rhode Island department of administration’s office of internal audit, or its successor, upon passage [Feb. 11, 2016].
   1. The chief of the office of internal audit, or its successor, who shall be the administrative head of the office of internal audit, or its successor, shall supervise, coordinate, and/or conduct audits, civil and administrative investigations, and inspections or oversight reviews, when necessary, relating to programs and operations listed in § 42-13-2 .
   2. The office of internal audit’s (or its successor’s) authorization shall include, but not be limited to, evaluating the efficiency of operations and internal controls, preventing and detecting fraud, waste, abuse or mismanagement in the expenditure of public funds, whether state, federal or those revenues collected by the use of tolls and related to any and all transportation-related programs and operations as well as the procurement of any supplies, services, or construction, by the department of transportation or related institutions of the department of transportation. Investigations may include the expenditures by nongovernmental agencies of federal, state, and local public funds. As deemed necessary or expedient by the office of internal audit, or its successor, audits may be made relative to the financial affairs or the economy and efficiency of management of the department of transportation or related institutions.

History of Section. G.L. 1956, § 42-13-2 ; P.L. 1970, ch. 111, § 2; P.L. 1972, ch. 164, § 1; P.L. 1990, ch. 309, § 3; P.L. 1994, ch. 70, art. 21, § 2; P.L. 1997, ch. 344, § 1; P.L. 2006, ch. 633, § 1; P.L. 2015, ch. 141, art. 15, § 5; P.L. 2016, ch. 3, § 3; P.L. 2016, ch. 4, § 3; P.L. 2016, ch. 142, art. 4, § 11.

42-13-2.1. Duties of the department — Rhode Works project.

1. It shall be the responsibility of the department to identify the businesses affected and the specific impact of rhode works projects on small businesses and to deliver and communicate this information to the department of commerce. The department shall identify the traffic flow to Rhode Island small business commercial areas as it relates to road and bridge closings due to rhode works projects, and the realignment of the Newport Bridge ramps, identify road and bridge closings, parking restrictions, and alterations in traffic patterns to accommodate road and bridge repairs, including proposed dates of work, road closures, and re-routing of any traffic and parking patterns.
2. During construction season (April through October), the department shall share the information collected in subsection (a) with the commerce corporation to allow at least two (2) months for the commerce corporation to assist small businesses affected by rhode works projects in the affected communities and neighborhoods as set forth in subsection (c). During emergencies, the department will contact the commerce corporation in order to coordinate a plan of action in the affected area. The department will meet with the commerce corporation on a regular basis in order to review upcoming projects and coordinate a plan of action for the affected businesses.
3. The commerce corporation shall provide those affected businesses in the construction areas with a list of available resources, programs, and services that, if utilized, might minimize the economic and financial impact upon those businesses during road and bridge construction, including, but not limited to, contact by the commerce corporation to affected businesses and if desired, meeting with affected businesses during construction.

History of Section. P.L. 2018, ch. 123, § 1; P.L. 2018, ch. 228, § 1.

42-13-3. Relations with other governmental agencies.

The department of transportation is hereby authorized to cooperate with the appropriate agencies of the federal government, this state, or other states, and regional agencies in the planning, design, construction, operation, and maintenance of transportation facilities and programs. The department is authorized to apply for and accept funds from federal and regional agencies to carry out any of its functions, and to contract with the federal government and regional agencies concerning the use and disposition of those funds.

History of Section. G.L. 1956, § 42-13-3 ; P.L. 1970, ch. 111, § 2.

42-13-4. Liberal construction.

This chapter and §§ 24-12-50 , 31-10-19 , 31-13-1 , 39-18-2 , 39-18-20 , and 46-9-5 shall be construed liberally in aid of their stated purpose.

History of Section. P.L. 1970, ch. 111, § 9.

42-13-5. Severability.

If any provision of this chapter and §§ 24-12-50 , 31-10-19 , 31-13-1 , 39-18-2 , 39-18-20 , and 46-9-5 or of any rule or regulation made thereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the act, rule, or regulation, and the application of the provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter and §§ 24-12-50 , 31-10-19 , 31-13-1 , 39-18-2 , 39-18-20 and 46-9-5 shall not affect the validity of the remainder.

History of Section. P.L. 1970, ch. 111, § 10.

42-13-6. Price readjustments — Public works contracts.

1. Notwithstanding the provisions of any law to the contrary, the state and any municipality may adjust unit prices for crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete, required in order to complete performance of construction contracts awarded on or before December 31, 1973; provided, that the cost f.o.b. the supplier has increased more than twenty percent (20%) between the date the bids were publicly opened and read and the date the crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete were purchased, and that the increase in cost of said crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete was the result of national shortages as a result of the energy crisis, so-called.
2. The state and any municipality shall not enter into any such renegotiation of the contract unless it has first obtained Federal Highway Administration approval for matching funds; and provided further that any such supplemental agreement shall release the state or municipality from any and all further claims from the contractor with regard to the substance of that agreement.
3. Price adjustments authorized by this section shall be computed to compensate the contractor only for the difference in cost of crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete between said dates with no allowance for overhead or profit and with consideration given to the profit potential to the contractor on the construction contract. In arriving at the adjusted unit price, the determination of the state or municipality shall be final as to: (1) which unit prices are to be adjusted as a result of the energy crisis, so-called; (2) the cost of crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete at the date the bids were opened; (3) the cost of crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete at the date of purchase; (4) the quantity to be adjusted; and (5) the price adjustment due the contractor.
4. Upon request by the state or municipality, the contractor shall make his or her records available for audit by the state or municipality to verify the increased costs.

History of Section. G.L. 1956, § 42-13-6 ; P.L. 1975, ch. 263, § 1.

42-13-6.1. Price readjustments — Certain public works contracts.

1. Notwithstanding any provision of the general or public laws to the contrary, the department of transportation may adjust for changes in the unit prices for steel required in order to complete performance of highway and bridge construction contracts awarded on or before July 1, 2004.
2. Price adjustments authorized by this section shall be computed to compensate the contractor only for the difference between:
   1. The cost of steel at the date the bids were opened; and
   2. The cost of steel at the date of purchase with no allowance for overhead or profit on the construction contract.
3. In arriving at the adjusted unit price, the determination of the state department of transportation shall be final as to:
   1. Cost of steel at the date the bids were opened;
   2. The cost of steel at the date of purchase;
   3. The quantity to be adjusted; and
   4. The price adjustment due the contractor. The methodology for calculating the price adjustment will be determined by the department of transportation.
4. Upon request by the department of transportation, the contractor shall make his, her or its records available for audit by the state or municipality to verify the increased costs.

History of Section. P.L. 2004, ch. 433, § 1; P.L. 2004, ch. 525, § 1.

42-13-7. Transfer of services from department of transportation.

There are hereby transferred to the department of administration:

1. Those functions of the department of transportation which were administered through or with respect to departmental programs in the performance of strategic planning as defined in § 42-11-10(c) ;
2. All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of transportation who were performing strategic planning functions as defined in § 42-11-10(c) ; and
3. So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of transportation as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and (2).

History of Section. P.L. 1985, ch. 181, art. 29, § 9.

Liberal Construction.

Section 18 of P.L. 1985, ch. 181, art. 29 provides for the liberal construction of all sections amended or enacted by P.L. 1985, ch. 181, art. 29, §§ 1 — 17.

42-13-8. Maintenance of drainage systems — Consent decree compliance.

The Rhode Island department of transportation (RI DOT) shall, on or before December 15 of each year, provide an annual report to the speaker of the house of representatives and the president of the senate illustrating its compliance with the consent decree issued by the United States District Court in the case of United States of America v. Rhode Island Department of Transportation (Civil Action No. CV-15-433), which requires maintenance of drainage systems in compliance with all applicable federal, state, and local laws, ordinances or regulations.

History of Section. P.L. 2016, ch. 509, § 1.

42-13.1-1. Short title.

This chapter shall be known and may be cited as “The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund Act of 2016.”

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-2. Legislative findings.

The general assembly finds that:

1. The state of Rhode Island, through the Rhode Island department of transportation (“the department”), funds the reconstruction, replacement, and maintenance of all bridges in Rhode Island, except the Newport Bridge, the Mount Hope Bridge, the Jamestown-Verrazano Bridge, and the Sakonnet River Bridge.
2. According to the Federal Highway Administration (FHWA) 2015 National Bridge Inventory (NBI) data, there are seven hundred sixty-four (764) bridges in Rhode Island greater than twenty feet (20´) in length. Of these NBI bridges, one hundred seventy-seven (177) bridges, or twenty-three percent (23%), are classified as structurally deficient.
3. For the past several decades, Rhode Island has depended on three (3) primary sources for funding all transportation infrastructure construction, maintenance, and operations: federal funds, state bond funds, and motor fuel tax revenue. Of these sources, two (2), federal funds and motor fuel tax revenue, are mutable.
4. The 2008 governor’s blue ribbon panel on transportation funding, the 2011 senate special commission on sustainable transportation funding, and the 2013 special legislative commission to study the funding for East Bay bridges determined that there is insufficient revenue available from all existing sources to fund the maintenance and improvement of Rhode Island transportation infrastructure.
5. In 2011, the general assembly adopted a component of the recommended systemic change to transportation funding by dedicating increased resources from the Rhode Island capital plan fund and creating the Rhode Island highway maintenance account, to be funded by an increase in license and registration fees, beginning in FY2014.
6. In 2014, the general assembly adopted changes to the Rhode Island highway maintenance account to provide additional state revenue for transportation infrastructure in future years.
7. Although the state is shifting from long-term borrowing to reliance upon annual revenues to fund transportation infrastructure on a pay-as-you go basis, and although a recurring state source of capital funds has been established, there is still a funding gap between the revenue needed to maintain all bridges in structurally sound and good condition and the annual amounts generated by current dedicated revenue sources.
8. According to the U.S. General Accounting Office, just one, fully-loaded five-axle (5) tractor trailer has the same impact on the interstate as nine thousand six hundred (9,600) automobiles. The department estimates that tractor trailers cause in excess of seventy percent (70%) of the damage to the state’s transportation infrastructure, including Rhode Island bridges, on an annual basis. However, revenue contributions attributable to tractor trailers account for less than twenty percent (20%) of the state’s total annual revenues to fund transportation infrastructure.
9. The United States Congress, consistent with its power to regulate interstate commerce and pursuant to 23 U.S.C. § 129, has authorized states to implement reconstruction or replacement of a toll-free bridge and conversion of the bridge to a toll facility, provided that the state:
   1. Has in effect a law that permits tolling on a bridge prior to commencing any such activity; and
   2. Otherwise complies with the requirements of 23 U.S.C. § 129.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-3. Definitions.

As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning:

1. “Availability payment” means a payment by the department under a contract for a toll facility or any other facility that is based on the availability of the facility at a specified performance level and may include, without limitation, compensation for operations, maintenance, and financing of the facility.
2. “Department” means the department of transportation, or, if the department shall be abolished, the board, body, or commission succeeding to the principal functions thereof or upon whom the powers given by chapter 5 of title 37 to the department shall be given by law.
3. “Large commercial truck” shall be defined pursuant to the Federal Highway Administration (FHWA) vehicle classification schedule as any vehicle within Class 8 - single trailer, three (3) or four (4) axles, up to and including Class 13 - seven (7) or more axle multi-trailer trucks, as such classifications may be revised from time to time by the FHWA.
4. “Other vehicle” means any vehicle that has not been defined pursuant to this chapter as a large commercial truck.
5. “Passenger vehicle” shall be defined pursuant to the Federal Highway Administration (FHWA) vehicle classification schedule as any vehicle within Class 1, 2, and 3 as such classifications may be revised from time to time by the FHWA.
6. “Radio frequency identification transponder” or “RFID” means a toll collection system approved by the department that may consist of a toll tag placed inside the vehicle and an overhead antenna that reads the toll tag and collects the toll.
7. “Toll evader” means, for the purposes of this chapter, any registered owner of any large commercial truck that passes through any electronic tolling location as authorized pursuant to § 42-13.1-4 and who does not pay the required toll and/or fees, fines, or penalties within the maximum allowable period specified under § 42-13.1-11 .
8. “Toll facility” means equipment or capital improvements funded in whole or in part by toll revenue, or required to effectuate toll collection.
9. “Turnpike and bridge authority” means the Rhode Island turnpike and bridge authority (RITBA), a public instrumentality of the state of Rhode Island, created by the general assembly pursuant to chapter 12 of title 24.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-4. Authority to collect tolls on large commercial trucks only.

1. The department is hereby authorized to fix, revise, charge, and collect tolls for the privilege of traveling on Rhode Island bridges to provide for replacement, reconstruction, maintenance, and operation of Rhode Island bridges. The tolls shall be fixed after conducting a cost-benefit analysis and providing an opportunity for public comment. The tolls shall be collected on large commercial trucks only and shall not be collected on any other vehicle; provided, however, no vehicle shall be tolled other than a tractor or truck tractor as defined in 23 C.F.R. 658.5, pulling a trailer or trailers. No act authorizing tolls on passenger vehicles pursuant to this chapter shall take effect until it has been approved by the majority of those electors voting in a statewide referendum. The secretary of state shall certify the results of the statewide referendum. Tolls on large commercial trucks may be implemented utilizing all-electric toll collection methodologies on a cash-less basis, or utilizing any other methodologies determined by the department.
2. Subject to § 42-13.1-14 , the department will establish a program to limit the assessment of the tolls upon the same individual large commercial truck using a RFID to once per toll facility, per day in each direction, or an equivalent frequency use program based upon individual large commercial truck use.
3. Subject to § 42-13.1-14 , the total amount of tolls imposed upon the same individual large commercial truck using a RFID for making a border-to-border through trip on Route 95 Connecticut to Route 95 Massachusetts, or the reverse, shall not exceed twenty dollars ($20.00).
4. Subject to § 42-13.1-14 , the daily maximum amount of the tolls collected upon the same individual large commercial truck using a RFID shall not exceed forty dollars ($40.00).
5. Tolls shall not be subject to supervision or regulation by any commission, board, bureau, agency, or official of the state or any municipality or other political subdivision of the state except the department.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-5. Collection of tolls on passenger cars and other vehicles expressly prohibited.

Notwithstanding any other provisions of this statute, the department is expressly prohibited from collecting tolls hereunder on other vehicles, herein defined to include motorcycles, passenger cars, and all other vehicles classed one through seven (7) pursuant to the Federal Highway Administration (FHWA) vehicle classification schedule.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-6. Rhode Island bridge replacement, reconstruction and maintenance fund established.

1. There is hereby created a special account in the intermodal surface transportation fund, as established in § 31-36-20 , to be known as the Rhode Island bridge replacement, reconstruction, and maintenance fund (“the fund”).
2. The fund shall consist of all those monies received by the department under this chapter, including:
   1. The monies received through the collection of tolls on bridges in Rhode Island;
   2. Any fees, fines, or penalties collected pursuant to this chapter; and
   3. Investment earnings on amounts credited to the fund.
3. Unexpended balances and any earnings thereon shall not revert to the general fund but shall remain in the Rhode Island bridge replacement, reconstruction, and maintenance fund. There shall be no requirement that monies received into the fund during any given calendar year or fiscal year be expended during the same calendar year or fiscal year.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-7. Designation of toll bridges.

The director of the department may designate any Rhode Island bridge on the National Highway System as a toll bridge in order to facilitate the financing of replacement, reconstruction, and maintenance of Rhode Island’s system of bridges.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-8. Amount of tolls.

The department’s authority to fix and adjust the amount of tolls shall be determined by the costs of replacement, reconstruction, maintenance, and operation of Rhode Island’s system of bridges and/or any portion or portions thereof, including costs associated with the acquisition, construction, operation, and maintenance of the toll facilities and administrative costs in connection therewith.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-9. Limitations on use of revenue.

All revenue collected pursuant to this chapter and deposited to the Rhode Island bridge replacement, reconstruction, and maintenance fund shall be used to pay the costs associated with the operation and maintenance of the toll facility, and the replacement, reconstruction, maintenance, and operation of Rhode Island bridges on the National Highway System or any other use permitted under 23 U.S.C. § 129.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-10. Procurement of toll facilities.

Without limiting any right of the department to award contracts under any other law, the department shall have the right to procure toll facilities through contracts aggregating the services of design, engineering, construction, finance, operations, maintenance, or any combination of the foregoing. Notwithstanding any requirement of law to the contrary, the department may award such contracts on the basis of competitive negotiation in accordance with § 37-2-19 . Such contracts may include availability payments or any other compensation structure determined appropriate by the department to further the objectives of this chapter.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-11. Penalty for nonpayment of toll.

1. The department shall have the authority to establish and collect fees, fines, and penalties from registered owners of large commercial trucks who use, or attempt to use, any toll facility established under § 42-13.1-4 , without paying the toll at the rate then in force for such use.
2. Any fee, fine, or penalty shall be in addition to the toll or tolls initially incurred and shall be no less than an amount sufficient to cover the cost of administration and collection of said fines, fees, and penalties.
3. The registered owner of the large commercial truck subject to toll shall be primarily responsible for all tolls, fees, fines, and penalties assessed pursuant to the provisions of this chapter.
4. Prior to the collection of any toll on large commercial trucks, the department shall establish a maximum allowable period for the payment of tolls and any subsequent fees, fines, and penalties assessed.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-12. Additional penalties — Toll evasion.

Any toll evader who fails or refuses to pay or prepay the required toll and such fees, fines, and penalties as assessed under § 42-13.1-11 and within the maximum allowable period specified therein, shall be required to pay a fine not to exceed three thousand dollars ($3,000) and shall pay the toll amount due and any administrative costs, or shall have their registration suspended until payment is made in full for the violation. A toll evader under this section shall receive a traffic violation summons which shall be subject to the jurisdiction of the traffic tribunal. All amounts due under this section shall be remitted to the Rhode Island bridge replacement, reconstruction, and maintenance fund.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-13. Conformance to statute, rules, and regulations.

All programs and funding proposals shall conform to applicable federal law, rules, and regulations. The department shall promulgate state rules and regulations to carry out the purposes of this chapter. Included within said rules and regulations shall be a provision requiring any public comment period to continue for at least thirty (30) days and a provision requiring advance notification to be provided to the governor, speaker of the house of representatives, and president of the senate prior to any announcement of public hearing or public comment period establishing or modifying the amount of tolls to be collected. In promulgating these rules and regulations, the department shall establish policies and procedures that promote procedural transparency.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-14. Severability.

If a part of this chapter is held unconstitutional or invalid, all valid parts that are severable from the invalid or unconstitutional part remain in effect. If a part of this chapter is held unconstitutional or invalid in one or more of its applications, the part remains in effect in all constitutional and valid applications that are severable from the invalid applications. This severability clause shall be applicable to each provision of this chapter, regardless of whether or not any particular provision references this section.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-15. Bridge preservation and salt mitigation.

1. In any fiscal year when the department fails to complete appropriate bridge maintenance, no new construction and design contracts subject to reporting under § 42-13.1-16 shall be awarded for the subsequent year or until proof of appropriate bridge maintenance is provided.
2. The director must submit detailed information regarding bridge maintenance activities undertaken during the fiscal year to the governor, office of management and budget, the speaker of the house, and the president of the senate no later than thirty (30) days after the fiscal year ends, beginning with fiscal year 2017. The information shall also be posted on the department’s website.
3. Notwithstanding the provisions of § 42-13.1-16 , bridge maintenance requirements may be waived if the director certifies that:
   1. Certain bridges are in a state of disrepair such that maintenance activities will not forestall further deterioration; or
   2. Certain bridges have a maintenance plan that does not require any activities during any given calendar year; or
   3. Certain bridges have been modified such that maintenance to prevent salt erosion and deterioration is no longer required; or
   4. The department has not used salt on certain bridges or has stopped using salt for winter maintenance as a long-term change in practice; or
   5. Other specific circumstances exist to eliminate the need for maintenance activities in any given calendar year.
4. Failure to comply is subject to the penalties contained in § 35-3-24 .

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-13.1-16. Reporting.

The department shall submit to the office of management and budget, the house fiscal advisor, and the senate fiscal advisor, a report on the progress of implementation of this chapter within thirty (30) days of the close of each of the fiscal quarters of each year. The reports shall also be posted on the department’s website. The reports shall include, at a minimum:

1. Construction and design contracts of five hundred thousand dollars ($500,000) or greater planned to be advertised in the upcoming federal fiscal year, their value, and expected award date;
2. Construction and design contracts of five hundred thousand dollars ($500,000) or greater awarded in the prior federal fiscal year, date of award, value, and expected substantial completion date;
3. Expected final cost of:
   1. Any construction contracts of five hundred thousand dollars ($500,000) or greater that reached substantial completion in the prior federal fiscal year; and
   2. Any design contracts of five hundred thousand dollars ($500,000) or greater completed in the prior federal fiscal year;
4. Total number of workers employed through the contract and the number of the workers in that total with a Rhode Island address; and
5. This report shall also include a current list of all federal, discretionary, and any other grants that the department has applied for and the status of that application and identify any changes from the prior report. For any grants that require a state match, the department shall identify if the source for the state’s match is available under currently authorized funding.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2; P.L. 2021, ch. 162, art. 2, § 8, effective July 6, 2021.

42-13.1-17. Equality of opportunity.

No bid under this chapter shall be deemed complete nor awarded if the bid fails to include a specific written plan for the bidder to be in conformity with § 37-14.1-6 , ensuring that minority business enterprises reach a minimum of ten percent (10%) of the dollar value of the bid. Pursuant to §§ 37-14.1-1 and 37-14.1-3 , for the purposes of chapter 13.1 of title 42, women shall be included in the definition of “minority business enterprise.” The aforementioned written plan should be submitted on forms created and distributed by the director of administration.

History of Section. P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.

42-14-1. Establishment — Head of department.

There shall be a department of business regulation. The head of the department shall be the director of business regulation who, except as otherwise provided by this title, shall carry out this chapter and perform the duties required by any and all other provisions of the general laws and public laws insofar as those provisions relate to each of the divisions and licensing and regulatory areas within the jurisdiction of the department.

History of Section. P.L. 1939, ch. 660, § 120; P.L. 1940, ch. 797, § 5; P.L. 1940, ch. 803, § 5; P.L. 1940, ch. 820, § 6; impl. am. P.L. 1941, ch. 1069, § 12; impl. am. P.L. 1946, ch. 1746, § 1; G.L. 1956, § 42-14-1 ; as reen. 1969; P.L. 1980, ch. 335, § 2; P.L. 2016, ch. 142, art. 14, § 4; P.L. 2018, ch. 47, art. 3, § 8.

42-14-2. Functions of department.

1. It shall be the function of the department of business regulation to license, regulate and control all areas as required by this chapter and any and all other provisions of the general laws and public laws.
2. Whenever any hearing is required or permitted to be held pursuant to law or regulation of the department of business regulation, and whenever no statutory provision exists providing that notice be given to interested parties prior to the hearing, no such hearing shall be held without notice in writing being given at least ten (10) days prior to such hearing to all interested parties. For purposes of this section, an “interested party” shall be deemed to include the party subject to regulation hereunder, and any party entitled to appear at the hearing. Notice to the party that will be subject to regulation, and any party who has made known his or her intention to appear at the hearing shall be sufficient if it be in writing and mailed, first-class mail, to the party at his or her regular business address. Notice to the general public shall be sufficient hereunder if it be by publication in a newspaper of general circulation in the municipality affected by the regulation.

History of Section. P.L. 1939, ch. 660, § 121; P.L. 1940, ch. 797, § 5; P.L. 1940, ch. 803, § 5; P.L. 1940, ch. 820, § 6; impl. am. P.L. 1941, ch. 1069, § 12; impl. am. P.L. 1946, ch. 1746, § 1; P.L. 1956, § 42-14-2 ; P.L. 1969, ch. 33, § 3; P.L. 1980, ch. 335, § 2; P.L. 2016, ch. 142, art. 14, § 4; P.L. 2018, ch. 47, art. 3, § 8.

42-14-2.1. Reporting by certain insurers — Settlements.

1. Every insurer or entity exempt pursuant to section 2.6 of chapter 16 of title 27 or entity permissibly self-insured pursuant to subsection 2 of chapter 14.1 of title 42 providing professional liability insurance to licensed healthcare professionals or licensed healthcare facilities shall send a complete report to the board of medical licensure and discipline established pursuant to chapter 37 of title 5, or the board of examiners in dentistry established pursuant to chapter 31.1 of title 5 and the department of business regulation as to any claim, notice, settlement, judgment, or arbitration award of a claim or action for damages for death or personal injury caused by such person’s negligence, error, or omission in practice or his or her rendering of unauthorized professional services. The report shall be sent within thirty (30) days after service of such arbitration award on the parties or notice of the claim, settlement, judgment, or arbitration award.
2. Notwithstanding any other provision of law, an insurer or entity exempt pursuant to section 2.6 of chapter 16 of title 27 or entity permissibly self-insured pursuant to subsection (2) of chapter 14.1 of title 42 providing professional liability coverage to licensed healthcare professionals or licensed healthcare facilities shall have the contractual right to settle any claim up to the limits of the policy without the insured’s consent, unless the policy by its express terms prohibits the insurer from settling any claim without the consent of the insured.
3. All insurers doing business in the state of Rhode Island or entity exempt pursuant to section 2.6 of chapter 16 of title 27 or entity permissibly self insured pursuant to subsection (2) of chapter 14.1 of title 42 providing professional liability insurance for healthcare professionals or licensed healthcare facilities shall file an annual report with the commissioner of insurance. This report must be filed for each year by March 1 of the next year. The information required for each year shall include, for each rating class:
   1. The number of insured;
   2. The total premiums paid;
   3. The total number of claims made, the years in which the incidents giving rise to the claims occurred, and the total number of those claims outstanding at the end of the year;
   4. The total amount of claims paid, the years in which the incidents giving rise to the claims occurred, and the amount of the costs which can be identified with these claims for investigation, processing, and defense of these claims; and
   5. The number of lawsuits filed.

History of Section. G.L. 1956, § 42-14-2.1 ; P.L. 1976, ch. 244, § 4; P.L. 1986, ch. 350, § 1; P.L. 1988, ch. 84, § 83; P.L. 1998, ch. 188, § 1; P.L. 2011, ch. 216, § 1; P.L. 2011, ch. 305, § 1; P.L. 2012, ch. 66, § 4; P.L. 2012, ch. 84, § 4.

42-14-2.2. Reporting — Court judgments against licensed physicians, dentists, or dental hygienists.

Within ten (10) days after a judgment by a court of this state that a licensed physician, dentist, or dental hygienist has committed a crime or is civilly liable for any death or personal injury caused by his or her negligence, error or omission in practice, or his or her rendering unauthorized professional services, the clerk of the court which rendered the judgment shall report the same to the board of medical licensure and discipline established pursuant to chapter 37 of title 5 or the board of examiners in dentistry established pursuant to chapter 31.1 of title 5 and the department of business regulation.

History of Section. G.L. 1956, § 42-14-2.2 ; P.L. 1976, ch. 244, § 4; P.L. 1986, ch. 350, § 1; P.L. 1988, ch. 84, § 83.

42-14-2.3. Minimum policy provisions.

The commissioner of insurance shall promulgate, on or before January 1, 1987, rules and regulations establishing the minimum provisions which all professional liability insurance policies for licensed health care providers, dentists, or dental hygienists must contain. The commissioner shall establish a “merit rating plan” which shall be based in part on the past claims paid on behalf of the insured.

History of Section. P.L. 1986, ch. 350, § 2.

42-14-2.4. Repealed.

42-14-3. Repealed.

42-14-4. Financial services division.

Within the department of business regulation there shall be a division of financial services that oversees the regulation and control of banking and insurance and such other matters within the jurisdiction of the department as determined by the director. The division shall have offices which shall be assigned to it by the department of administration.

Superintendents of banking and insurance reporting to the director and/or health insurance commissioner as appropriate shall be in charge of all matters relating to banking and insurance.

History of Section. P.L. 1935, ch. 2250, § 73; G.L. 1938, ch. 127, § 1; impl. am. P.L. 1939, ch. 660, § 120; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 42-14-4 ; P.L. 1978, ch. 153, § 1; P.L. 2004, ch. 446, § 3; P.L. 2004, ch. 557, § 3; P.L. 2018, ch. 47, art. 3, § 8.

42-14-5. Superintendents of banking and insurance.

1. The superintendents of banking and insurance shall administer the functions of the department relating to the regulation and control of banking and insurance.
2. Wherever the words “banking administrator” or “banking commissioner” or “insurance administrator” or “insurance commissioner” occur in this chapter or any general law, public law, act, or resolution of the general assembly or department regulation, they shall be construed to mean superintendent of banking and superintendent of insurance except as delineated in subsection (d) below.
3. “Health insurance” shall mean “health insurance coverage,” as defined in §§ 27-18.5-2 and 27-18.6-2 , “health benefit plan,” as defined in § 27-50-3 and a “medical supplement policy,” as defined in § 27-18.2-1 or coverage similar to a Medicare supplement policy that is issued to an employer to cover retirees, and dental coverage, including, but not limited to, coverage provided by a nonprofit dental service plan as defined in § 27-20.1-1(3) .
4. Whenever the words “commissioner,” “insurance commissioner,” “health insurance commissioner” or “director” appear in Title 27 or Title 42, those words shall be construed to mean the health insurance commissioner established pursuant to § 42-14.5-1 with respect to all matters relating to health insurance. The health insurance commissioner shall have sole and exclusive jurisdiction over enforcement of those statutes with respect to all matters relating to health insurance.
5. Whenever the word “director” appears or is a defined term in title 19, this word shall be construed to mean the superintendent of banking established pursuant to this section.
6. Whenever the word “director” or “commissioner” appears or is a defined term in title 27, this word shall be construed to mean the superintendent of insurance established pursuant to this section except as delineated in subsection (d) of this section.

History of Section. P.L. 1939, ch. 660, § 122; G.L. 1956, § 42-14-5 ; P.L. 1978, ch. 153, § 1; P.L. 2004, ch. 446, § 1; P.L. 2004, ch. 557, § 1; P.L. 2006, ch. 613, § 1; P.L. 2018, ch. 47, art. 3, § 8.

42-14-6. Restrictions on interests of superintendents.

The superintendents of banking and insurance shall not engage in any other business or be an officer of or directly or indirectly interested in any national bank doing business in this state, or in any bank, savings bank, or trust company organized under the laws of this state, nor be directly or indirectly interested in any corporation, business, or occupation that requires his or her official supervision; absent compliance with § 42-14-6.1 , no superintendent shall become indebted to any bank, savings bank, or trust company organized under the laws of this state, nor shall he or she engage or be interested in the sale of securities as a business, or in the negotiation of loans for others.

History of Section. P.L. 1908, ch. 1590, § 30; G.L. 1909, ch. 233, § 2; G.L. 1923, ch. 274, § 2; G.L. 1938, ch. 127, § 2; impl. am. P.L. 1939, ch. 660, § 122; G.L. 1956, § 42-14-6 ; P.L. 2018, ch. 47, art. 3, § 8.

42-14-6.1. Application for or acceptance of loan by bank examiner.

Every examiner or assistant examiner authorized by law to report the condition of a financial institution incorporated under the laws of this state — including, but not limited to, banks, savings banks, bank associations, trust companies, loan and investment companies, savings and loan companies, building loan associations, credit unions, deposit insurance companies, and any other depository required by law to file reports with the director of business regulation — who applies for or accepts or is granted a loan of any kind, whether in his or her name or in the name of a member of his or her immediate family, or in the name of a business or partnership in which he or she has a substantial interest, from any financial institution examined by him or her at any time, shall be required to report the same in writing to the director of business regulation within five (5) business days. A violation of this section may be a ground for disqualification or suspension of license.

History of Section. P.L. 1991, ch. 137, § 1; P.L. 1991, ch. 317, § 1.

42-14-7. Deputies to superintendents.

The superintendent of banking and the superintendent of insurance may appoint one or more deputies to assist him or her in the performance of his or her duties, who shall be removable at the pleasure of the superintendent, and the superintendent in his or her official capacity shall be liable for any deputy’s misconduct or neglect of duty in the performance of his or her official duties. Service of process upon any deputy, or at the office of the superintendent upon some person there employed, at any time, shall be as effectual as service upon the superintendent.

History of Section. P.L. 1908, ch. 1590, § 31; G.L. 1909, ch. 233, § 3; G.L. 1896, ch. 181, § 1, as enacted by P.L. 1909, ch. 405, § 1; P.L. 1909, ch. 445, § 1; P.L. 1913, ch. 933, § 2; P.L. 1918, ch. 1638, § 1; P.L. 1919, ch. 1784, § 2; P.L. 1921, ch. 2040, § 2; G.L. 1923, ch. 225, § 1; G.L. 1923, ch. 274, § 3; P.L. 1923, ch. 447, § 1; P.L. 1929, ch. 1318, § 5; P.L. 1929, ch. 1393, § 1; impl. am. P.L. 1935, ch. 2250, § 73; G.L. 1938, ch. 127, § 1; impl. am. P.L. 1939, ch. 660, § 122; G.L. 1956, § 42-14-7 ; P.L. 1983, ch. 147, § 1; P.L. 2018, ch. 47, art. 3, § 8.

42-14-8. Clerical assistance and expenses.

The superintendent of banking and the superintendent of insurance may employ such clerical assistance and incur such office and traveling expenses for him or herself, his or her deputies and assistants as may be necessary in the performance of his or her other duties, and as provided by this title, within the amounts appropriated therefor.

History of Section. P.L. 1908, ch. 1590, § 31; G.L. 1909, ch. 233, § 3; P.L. 1909, ch. 445, § 1; P.L. 1913, ch. 933, § 2; P.L. 1918, ch. 1638, § 1; P.L. 1919, ch. 1784, § 2; P.L. 1921, ch. 2040, § 2; G.L. 1923, ch. 274, § 3; P.L. 1923, ch. 447, § 1; P.L. 1929, ch. 1393, § 1; G.L. 1938, ch. 127, § 3; impl. am. P.L. 1939, ch. 660, § 122; G.L. 1956, § 42-14-8 ; P.L. 2018, ch. 47, art. 3, § 8.

42-14-9. Payment of expenses — Fees.

1. The general assembly shall annually appropriate such sum as it may deem necessary for the payment of the salary of the administrator of banking and insurance, for the payment of the salaries of his or her deputies and for the payment of the clerical and other assistance, office and traveling expenses of the administrator of banking and insurance, his or her deputies and assistants, and the state controller is hereby authorized and directed to draw his or her orders for the payment of those sums, or so much of them as may from time to time be required, upon receipt by him or her of proper vouchers, approved by the director of business regulation. All fees, charges for examinations and other collections received by him or her as administrator of banking, insurance, and securities shall be paid to the general treasurer for the use of the state.
2. Reimbursements.
   1. Certain operational costs of the department of business regulation are eligible for reimbursement from third parties, including, but not limited to, costs of licensing, and shall also include the following expenses:
      1. All reasonable technology costs related to the examination and licensing process. Technology costs shall include the actual cost of software and hardware utilized in the licensing process and the cost of training personnel in the proper use of the software or hardware.
      2. All necessary and reasonable education and training costs incurred by the state to maintain the proficiency and competence of the examining and licensing personnel. All these costs shall be incurred in accordance with appropriate state of Rhode Island regulations, guidelines and procedures.
      3. All revenues collected pursuant to this section shall be deposited as restricted receipts.
   2. There is created within the general fund a restricted receipt account to be known as the “banking division reimbursement account.” All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of this subsection (b). All funds received for the banking division pursuant to this subsection (b) shall be deposited in the banking division reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.
   3. There is created within the general fund a restricted receipt account to be known as the “office of the health insurance commissioner reimbursement account.” All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of this subsection (b) that relate to reimbursements. All funds received for the health insurance commissioner pursuant to this subsection (b) shall be deposited in the office of the health insurance commissioner reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.
   4. There is created within the general fund a restricted receipt account to be known as the “securities division reimbursement account.” All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of this subsection (b) that relate to reimbursements. All funds received for the securities division pursuant to this subsection (b) shall be deposited in the securities division reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.
   5. There is created within the general fund a restricted receipt account to be known as the “commercial licensing and racing and athletics division reimbursement account.” All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of this subsection (b) that relate to reimbursements. All funds received for the commercial licensing and racing and athletics division pursuant to this subsection (b) shall be deposited in the commercial licensing and racing and athletics division reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.
   6. There is created within the general fund a restricted receipt account to be known as the “insurance division reimbursement account.” All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of this subsection (b) that relate to reimbursements. All funds received for the insurance division pursuant to this subsection (b) shall be deposited in the insurance division reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.

History of Section. P.L. 1908, ch. 1590, § 31; G.L. 1909, ch. 233, § 3; P.L. 1909, ch. 445, § 1; P.L. 1913, ch. 933, § 2; P.L. 1918, ch. 1638, § 1; P.L. 1919, ch. 1784, § 2; P.L. 1921, ch. 2040, § 2; G.L. 1923, ch. 274, § 3; P.L. 1923, ch. 447, § 1; P.L. 1929, ch. 1393, § 1; G.L. 1938, ch. 127, § 3; impl. am. P.L. 1939, ch. 660, §§ 65, 122; G.L. 1956, § 42-14-9 ; P.L. 2007, ch. 73, art. 10, § 1; P.L. 2008, ch. 100, art. 28, § 2; P.L. 2021, ch. 395, § 12, effective July 14, 2021.

42-14-10. Actuary.

The administrator of banking and insurance may appoint an actuary to assist him or her in the performance of his or her duties, including, but not limited to, evaluating fire, casualty and other insurance rates. The actuary shall serve under the direction of the administrator and shall be removable at the pleasure of the administrator. Insurance companies doing business in this state shall be assessed according to a schedule of their direct writings of insurance in this state to pay for the compensation of the actuary.

History of Section. P.L. 1978, ch. 135, § 1.

42-14-11. Subpoena power — False swearing.

1. In connection with any matters having to do with the discharge of his or her duties pursuant to this chapter, the director, or his or her designee, in all cases of every nature pending before him or her, is hereby authorized and empowered to summon witnesses to attend and testify in like manner as in either the supreme or the superior courts. The director, or his or her designee, is authorized to compel the production of all papers, books, documents, records, certificates, or other legal evidence that may be necessary for the determination and the decision of any question or the discharge of any duty required by law of the department, including the functions of the superintendents of banking and insurance, by issuing a subpoena duces tecum signed by the director, or his or her designee.
2. Every person who disobeys this writ shall be considered in contempt of the department, and the department may punish that and any other contempt of the authority in like manner as contempt may be punished in either the supreme or the superior court.
3. Any person who shall willfully swear falsely in any proceedings, matter, or hearing before the department shall be deemed guilty of the crime of perjury.

History of Section. P.L. 1979, ch. 139, § 1; P.L. 2007, ch. 340, § 16; P.L. 2018, ch. 47, art. 3, § 8.

42-14-12. Sales of businesses.

Any person, firm, or corporation acting as a broker for the sale of an existing business or the transfer of all or a substantial part of the materials, supplies, merchandise, or other inventory of an existing business or for the making of a bulk transfer under chapter 6 of title 6A for a fee, charge, or commission shall be required to post a bond in the sum of twenty thousand dollars ($20,000) with the department of business regulation with surety or sureties approved by the director of the department. Provided, however, that the provisions of this section shall not apply to attorneys, any person licensed as a real estate broker, or real estate salesman pursuant to the provisions of chapter 20.5 of title 5, except that no person, firm, or corporation shall act or hold himself or herself out as a business broker unless he or she holds a real estate broker’s license issued by the department of business regulation that has not been revoked.

History of Section. P.L. 1985, ch. 65, § 1; P.L. 1998, ch. 115, § 3.

42-14-13. Transfer of powers and functions from department of business regulation.

There are hereby transferred to the department of administration:

1. Those functions of the department of business regulation which were administered through or with respect to departmental programs in the performance of strategic planning as defined in § 42-11-10(c) ;
2. All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of business regulation who were performing strategic planning functions as defined in § 42-11-10(c) ; and
3. So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of business regulation as are incidental to and necessary for the performance of the functions transferred by subsections (a) and (b).

History of Section. P.L. 1985, ch. 181, art. 29, § 8.

Liberal Construction.

Section 18 of P.L. 1985, ch. 181, art. 29 provides for the liberal construction of all sections amended or enacted by P.L. 1985, ch. 181, art. 29, §§ 1 — 17.

42-14-14. License applications — Investigation.

After receipt of any application for a license, permit, and/or registration that is subject to the jurisdiction of the department of business regulation, the director of business regulation or his or her designee shall conduct an investigation to determine whether the facts set forth in the application are true and shall receive from the department of the attorney general all records of criminal information which it has or shall receive indicating any criminal activity on the part of the individual signing the application. The department of the attorney general shall provide the information subject to the rules and regulations promulgated by the attorney general regarding the production of that information.

History of Section. P.L. 1986, ch. 105, § 1.

42-14-15. Repealed.

42-14-16. Insurance — Administrative penalties.

1. Whenever the director, or his or her designee, shall have cause to believe that a violation of title 27 and/or chapter 14, 14.5, 62, or 128.1 of title 42 or the regulations promulgated thereunder has occurred by a licensee, or any person or entity conducting any activities requiring licensure under title 27, the director or his or her designee may, in accordance with the requirements of the administrative procedures act, chapter 35 of this title:
   1. Revoke or suspend a license;
   2. Levy an administrative penalty in an amount not less than one hundred dollars ($100) nor more than fifty thousand dollars ($50,000);
   3. Order the violator to cease such actions;
   4. Require the licensee or person or entity conducting any activities requiring licensure under title 27 to take such actions as are necessary to comply with title 27 and/or chapter 14, 14.5, 62, or 128.1 of title 42, or the regulations thereunder; or
   5. Any combination of the above penalties.
2. Any monetary penalties assessed pursuant to this section shall be deposited as general revenues.

History of Section. P.L. 1992, ch. 336, § 1; P.L. 1995, ch. 370, art. 40, § 130; P.L. 2006, ch. 85, § 1; P.L. 2006, ch. 98, § 1; P.L. 2018, ch. 47, art. 3, § 8.

42-14-16.1. Order to cease and desist.

1. If the director, or his or her designee, has reason to believe that any person, firm, corporation, or association is conducting any activities requiring licensure under title 27 or any other provisions of the general laws or public laws within the jurisdiction of the department without obtaining a license, or who after the denial, suspension, or revocation of a license conducts any activities requiring licensure under title 27 or any other provisions of the general laws or public laws within the jurisdiction of the department, the department may issue its order to that person, firm, corporation, or association commanding them to appear before the department at a hearing to be held no sooner than ten (10) days nor later than twenty (20) days after issuance of that order to show cause why the department should not issue an order to that person to cease and desist from the violation of the provisions of applicable law.
2. The order to show cause may be served on any person, firm, corporation, or association named in the order in the same manner that summons in a civil action may be served, or by mailing a copy of the order, certified mail, return receipt requested, to that person at any address at which he or she has done business or at which he or she lives. If, upon that hearing, the department is satisfied that the person is in fact violating any provision of applicable law, then the department may order that person, in writing, to cease and desist from that violation.
3. All hearings shall be governed in accordance with chapter 35 of this title, the “administrative procedures act.” If that person fails to comply with an order of the department after being afforded a hearing, the superior court in Providence county has jurisdiction upon complaint of the department to restrain and enjoin that person from violating this chapter.

History of Section. P.L. 2003, ch. 57, § 1; P.L. 2003, ch. 68, § 1; P.L. 2007, ch. 340, § 16; P.L. 2018, ch. 47, art. 3, § 8.

42-14-17. Rules and regulations.

The director of the department of business regulation may promulgate such rules and regulations as are necessary and proper to carry out the duties assigned to him or her by this title or any other provision of law.

History of Section. P.L. 1992, ch. 445, § 6.

42-14-18. Form and rate filing fees.

The following fees shall be charged for the services of the division of insurance in reviewing policy or certificate forms, as those terms are defined in § 27-29-2(8) , and related forms and rates that are required by law to be submitted by insurers, as that term is defined in § 27-29-2(5) , for review and approval by the director prior to use:

1. For each policy or certificate form included in a single package, including any related forms, rates, and other documents submitted in the same package — forty dollars ($40.00); and
2. For related forms or revised rates in connection with a policy that has been previously approved, submitted in a single package, charged based upon the number of policies involved — twenty-five dollars ($25.00).
3. Fees shall be submitted with each filing and shall be deposited as general revenue. These fees shall be in addition to any taxes and fees otherwise payable to the state.
4. Before any form approved pursuant to chapter 2.5 of title 27 may be used in the state of Rhode Island, the fees specified in this section must be paid.

History of Section. P.L. 1993, ch. 138, art. 62, § 16; P.L. 1995, ch. 370, art. 40, § 130; P.L. 2005, ch. 173, § 3; P.L. 2014, ch. 91, § 3; P.L. 2014, ch. 94, § 3.

42-14-19. Cost of legal fees.

The director is hereby authorized and may in his or her discretion recover the reasonable cost of legal services provided by in-house attorneys of the office of legal counsel of the department of business regulation and incurred by the department of business regulation in matters pertaining to rate filings and examinations. Nothing in this section shall limit the power of the director to retain legal counsel and to recover the costs of such legal counsel pursuant to other provisions of the general laws.

History of Section. P.L. 1993, ch. 138, art. 62, § 6.

42-14.1-1. Finding required.

Upon a finding by the director of business regulation that a competitive, stable market for medical malpractice insurance is lacking in the state of Rhode Island and that as a consequence thereof, there is peril to the public health, safety, and welfare of the people of the state of Rhode Island, the director is authorized to promulgate a regulation addressed to the solution of the problem which may encompass among others, the following provisions:

1. Creation of a joint underwriting association consisting of all insurers authorized to write, within this state on a direct basis, personal injury liability insurance as defined in § 27-9-2 , including insurers covering these perils in multiple peril package policies. Every insurer shall be a member of the association and shall remain a member as a condition of its authority to continue to transact these kinds of insurance in this state.
2. To effectuate the purpose of the association which is to provide a market for medical malpractice insurance on a self-supporting basis, the association shall be authorized to issue policies of medical malpractice and incidental liability insurance to physicians, hospitals, and other healthcare providers, but need not be the exclusive agency through which this insurance may be written on a primary basis in this state.
3. Policies issued by the association shall be subject to a group retrospective rating plan to be approved by the director of business regulation and shall be calculated to be self-supporting.
4. The creation and administration of a stabilization reserve fund and initial policyholder contribution to the fund. The purpose of the fund shall be the discharge when due of any retrospective premium charges payable by policyholders of the association under the group retrospective rating plan authorized by regulation. Any monies remaining in the fund after all retrospective premium charges have been paid shall be returned to policyholders.
5. Upon certification by the association to the director that the estimated amount of any deficit remaining after the stabilization reserve fund has been exhausted in payment of the maximum final premium for all policyholders of the association, the director shall authorize members of the association to commence recoupment by one of the following procedures:
   1. Applying a surcharge to be determined by the association at a rate not to exceed one percent (1%) of the annual premiums on future policies affording those kinds of insurance which form the basis for their participation in the association, under procedures established by the association; or
   2. Deducting their share of the deficit from past or future taxes due the state of Rhode Island.
6. Organization of a plan of operation, use of policies written on a “claim made” or “occurrence” basis, participation of members of the association and all other powers necessary to effectuate the purposes of the regulation.
7. Any joint underwriting association created pursuant to the authority granted in this chapter shall pay an annual tax to the tax administrator of two percent (2%) of the gross premiums on contracts of insurance.
8. Any joint underwriting association created pursuant to the authority granted in this chapter (including the related stabilization reserve fund) shall be an integral part of the state government, and its activities shall constitute the performance of an essential governmental function of the state of Rhode Island. This subdivision shall be applied retroactively to June 16, 1975.

History of Section. P.L. 1976, ch. 1, § 1; P.L. 1976, ch. 79, § 1; P.L. 1977, ch. 190, § 1; P.L. 2010, ch. 23, art. 9, § 13.

42-14.1-2. Malpractice insurance.

1. The director of business regulation shall promulgate rules and regulations requiring all licensed medical and dental professional and all licensed health care providers to be covered by professional liability insurance insuring the practitioner for claims of bodily injury or death arising out of malpractice, professional error, or mistake. The director of the department of business regulation is hereby authorized to promulgate regulations establishing the minimum insurance coverage limits which shall be required; provided, however, that such limits shall not be less than one hundred thousand dollars ($100,000) for claims arising out of the same professional service and three hundred thousand dollars ($300,000) in the aggregate. The director of the department of business regulation is further authorized to establish rules and regulations allowing persons or entities with sufficient financial resources to be self-insurers.
2. Every licensed health care provider in direct patient care within a licensed hospital shall obtain liability insurance in a minimum amount determined by the board of trustees of that hospital.

History of Section. P.L. 1986, ch. 350, § 3.

42-14.2-1. Definitions.

1. “Auto wrecking processor”  or   “auto salvage processor”, as used in this chapter, means a person, firm, corporation, or association that destroys, junks, dismantles, processes, or stores for later dismantling or destruction motor vehicles or parts thereof.
2. “Auto wrecking yard”  or   “auto salvage yard”, as used in this chapter, means land upon which a person, firm, corporation, or association destroys, junks, dismantles, or stores for later dismantling or destruction motor vehicles or parts thereof, and may engage in the sale of used motor vehicle parts, or scrap therefrom.
3. “Department”  or   “licensor”, as used in this chapter, means the “department of business regulation”.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1984, ch. 47, § 1; P.L. 1985, ch. 181, art. 32, § 2.

42-14.2-2. Duties of the department of business regulation.

The department is hereby authorized to establish rules and regulations as appropriate in the public interest. The records of the department shall be open to inspection.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1985, ch. 181, art. 32, § 2; P.L. 2015, ch. 82, § 15; P.L. 2015, ch. 105, § 15.

42-14.2-3. License required.

No person shall establish or operate an auto wrecking yard or auto salvage yard without a license therefor as provided in this chapter and in chapter 21 of title 5. The license issued to a licensee for the operation of an auto wrecking yard or auto salvage yard shall be utilized solely at that location specified on the license, and said location shall be used substantially for that operation, and not as a subordinate of a related business. The subordinate or related business, if any, will be separate and apart from the auto wrecking yard and auto salvage yard operation.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1984, ch. 47, § 2.

42-14.2-4. Application for license.

Application for license shall be made to the department upon the form prescribed by it. The department may require in the application or otherwise information relating to the location at which the business is to be conducted, the nature of the business, the name and residence of the applicant; if the applicant is a partnership, the name and residence of each partner; and if the applicant is a corporation, the names and residences of its principal officers and directors. The department may further require information relating to the applicant’s financial status, his or her business integrity, whether the applicant has complied with chapter 21 of title 5, and whether the applicant conforms to all local ordinances pertaining to and governing the operation of auto wrecking and salvage yards, and any other pertinent information, all of which may be considered by the department in determining whether the granting of the application is in the public interest. Every application shall be verified by the oath or affirmation of the applicant, if an individual, or by one of the partners if the applicant is a partnership, or by an officer of the corporation if the applicant is a corporation, and shall be accompanied by the required fee.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1982, ch. 273, § 1; P.L. 1985, ch. 181, art. 32, § 2.

42-14.2-5. Repealed.

42-14.2-5.1. Term of licenses.

The director of the department of business regulation shall promulgate rules mandating the term of license for each license issued pursuant to this chapter; however, no license shall remain in force for a period in excess of three (3) years.

History of Section. P.L. 1987, ch. 184, § 13.

42-14.2-5.2. License fees — Renewal applications.

Any fee for the initial issuance or renewal of a license shall be determined by multiplying the per annum rate of the number of years in the term of license. The total fee for the entire term of license shall be paid prior to the issuance of the initial license or of the renewal. The application for renewal shall be made not less than thirty (30) days from date of expiration. Upon payment of the required fee, the license shall be renewed.

History of Section. P.L. 1987, ch. 184, § 13.

42-14.2-6. License fee.

Every application to the department for renewal of an existing license or the issuance of a new license shall be accompanied by a fee of two hundred fifty dollars ($250) per annum, payable to the state of Rhode Island. In the event the application is denied, the fee shall be returned to the applicant.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1985, ch. 181, art. 32, § 2; P.L. 1987, ch. 184, § 14; P.L. 2004, ch. 595, art. 30, § 13; P.L. 2008, ch. 100, art. 33, § 4.

42-14.2-7. Display and transfer of license.

Every license hereunder issued shall specify the location of each wrecking yard or salvage yard and must be conspicuously displayed at that location, or if the licensee wishes to change his or her location, an application shall be filed with the department requesting the change, and the permission of the department shall be necessary for a change of location. The license shall not be transferable or assignable without the express written consent of the department which shall, if it approves the transfer or assignment, issue a new license to the transferee or assignee subject to the terms and conditions of this chapter; provided, however, that the full fee of two hundred fifty dollars ($250) per annum for each year of the term of license shall be paid in full for the new license regardless of the unexpired term of the license to be transferred. The license number shall appear on all business communications, advertising, estimates, signs, business cards, and other written documentation relating to that business.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1985, ch. 181, art. 32, § 2; P.L. 1987, ch. 184, § 15; P.L. 2008, ch. 100, art. 33, § 4; P.L. 2008, ch. 355, § 1; P.L. 2008, ch. 365, § 1.

42-14.2-8. Requirements.

No new license shall be granted under the provisions of this chapter unless:

1. The applicant shall have complied with and obtained a license under the licensing ordinances enacted pursuant to the provisions of § 5-21-1 entitled “second-hand dealers.”
2. If the applicant proposes to establish an automobile wrecking yard in a municipality not issuing licenses under the provisions of chapter 21 of title 5, the location must be:
   1. More than one thousand feet (1,000´) from the nearest edge of any highway on the interstate or primary system;
   2. More than six hundred feet (600´) from any other state highway;
   3. More than three hundred feet (300´) from any park, bathing beach, playground, school, church or cemetery and not within view therefrom;
   4. Screened from view and enclosed by a properly maintained fence at least six feet (6´) high except where a natural barrier provides appropriate screening; and
   5. In size amounting to at least two (2) acres of land and shall be one contiguous lot.
3. A description of the land upon which the location intended to be licensed in accordance with subdivision (2) shall be made available to the department by a surveyor’s survey plan, a city or town assessor’s map, or an aerial cartographic chart reflecting the area.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1984, ch. 47, § 3; P.L. 1985, ch. 181, art. 32, § 2.

42-14.2-9. Denial or revoking of licenses.

The department may deny an application for a license, or suspend or revoke a license after it has been granted, or refuse to renew a license for any of the following reasons:

1. Proof of unfitness of the applicant or licensee to engage in this business.
2. A material misstatement by the applicant or licensee in his application for a license or renewal thereof.
3. Willful failure of the applicant or licensee to comply with the provisions of this chapter or with any rule or regulation promulgated by the board.
4. Proof that the applicant or licensee has willfully defrauded the owner of a motor vehicle.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1985, ch. 181, art. 32, § 2.

42-14.2-10. Procedure for suspension or revocation of license.

No license shall be suspended or revoked nor shall any renewal be refused except after a hearing thereon in accordance with the provisions of the Administrative Procedures Act in chapter 35 of this title.

History of Section. P.L. 1980, ch. 225, § 4.

42-14.2-11. Bond.

No person shall establish or operate an auto wrecking yard or auto salvage yard, without the applicant thereof having executed and filed a bond to the state with such surety as the department requires.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1985, ch. 181, art. 32, § 2.

42-14.2-12. Power of department in hearings.

The department shall have the power in hearings arising under this chapter to determine the place where the hearing shall be held, to administer oaths, to subpoena witnesses, to take depositions of witnesses residing without the state in the manner provided for in civil actions before courts of this state, and to pay witness fees and the mileage for attendance as is provided for witnesses in civil actions in the superior court.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1985, ch. 181, art. 32, § 2.

42-14.2-13. Penalties.

Any person, firm, corporation, or association violating any of the provisions of this chapter shall upon conviction be guilty of a misdemeanor. Any person, firm, corporation, or association who is convicted for violation of any section of this chapter shall be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment for a term not to exceed one year, or both fine and imprisonment for each violation of the provisions of this chapter.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1982, ch. 273, § 1.

42-14.2-14. Records of transactions to be maintained.

Every license holder shall maintain a record in the form prescribed by the department to show:

1. The motor and serial number of every vehicle acquired to be wrecked or dismantled, the date of acquisition, and the name and residence of the person from whom the vehicle was acquired;
2. A description sufficient to identify every motor vehicle body, engine, or other major component which is sold, the vehicle identification number, the date of the sale, and the name and residence of the person to whom sold.
3. Any other records the department deems necessary.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1983, ch. 221, § 9; P.L. 1985, ch. 181, art. 32, § 2.

42-14.2-15. Inspection of records.

All records kept in accordance with the provisions of this chapter shall be open to inspection by the department and its duly authorized representatives, by the division of motor vehicles and by any state or municipal official or police officer during reasonable business hours.

History of Section. P.L. 1980, ch. 225, § 4; P.L. 1985, ch. 181, art. 32, § 2.

42-14.2-16. License limitation.

No license shall be issued which would permit operation on Sundays or holidays.

History of Section. P.L. 1980, ch. 225, § 4.

42-14.2-17. Severability.

If any clause, sentence, paragraph, or part of this chapter or the application thereof to any person or circumstance shall, for any reason, be judged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances.

History of Section. P.L. 1980, ch. 225, § 4.

42-14.2-18. Effect on Junkyard Control Act.

Nothing contained in this chapter shall be deemed to amend or repeal any provision of chapter 14 in title 24, or of chapter 21 in title 5.

History of Section. P.L. 1980, ch. 225, § 4.

42-14.2-19. Repealed.

42-14.2-20. Cease and desist orders.

1. If the department shall have reason to believe that any person, firm, corporation, or association is violating the provisions of this chapter, the department may issue its order to that person, firm, corporation, or association commanding them to appear before the department at a hearing to be held not sooner than ten (10) days nor later than twenty (20) days after issuance of the order to show cause why the commission should not issue an order to the person to cease and desist from the violation of the provisions of this chapter.
2. An order to show cause may be served on any person, firm, corporation, or association named therein by any person in the same manner that a summons in a civil action may be served, or by mailing a copy of the order to the person at any address at which he or she has done business or at which he or she lives. If upon the hearing the department shall be satisfied that the person is in fact violating any provision of this chapter, then the department shall order that person, in writing, to cease and desist from the violation. At any hearing, any person subject to an order of the department to cease and desist may be represented by counsel.
3. The department shall not be bound by common law rules of evidence, but may receive and consider any statements, documents, and things which shall be considered by them necessary or useful in arriving at their decision. If that person shall thereafter fail to comply with the order of the department, the superior court for Providence County shall have jurisdiction upon the complaint of the department to restrain and enjoin that person from violating this chapter. The complaint shall be in the form of a civil action. The findings and order of the department shall constitute prima facie evidence that the person ordered by the department to cease and desist has violated the provisions of this chapter.
4. The attorney general shall afford the department any necessary assistance in obtaining relief in the superior court.

History of Section. P.L. 1982, ch. 273, § 1; P.L. 1985, ch. 181, art. 32, § 2; P.L. 2007, ch. 340, § 17.

42-14.2-21. Storage of wrecked or junked vehicles.

The storage of wrecked or junked vehicles or parts thereof outside the confines of the fenced area or natural barrier is strictly prohibited.

History of Section. P.L. 1984, ch. 47, § 4.

42-14.3-1. Commission established — Powers.

There shall be a public utilities commission. The head of the commission shall be the chairperson of the public utilities commission, who shall carry out, except as otherwise provided by this title, the provisions of chapters 1 — 20, inclusive, of title 39, and of all other general laws and public laws heretofore carried out by the former administrator of public utilities and carriers and division of public utilities and carriers.

History of Section. P.L. 1980, ch. 335, § 3.

42-14.3-2. Organization.

The commission shall be organized into such divisions, subdivisions, and agencies as the chairperson shall find necessary to carry out the responsibilities of the commission.

History of Section. P.L. 1980, ch. 335, § 3.

42-14.4-1. Definitions.

As used in this chapter:

1. “Apartment”  means any house or building or portion of a house or building which is rented, leased, or hired out to be occupied as a home or residence by one or more persons;
2. “Apartment listing service”  means any person, partnership, or corporation who, in exchange for a fee permits a customer to inspect or otherwise utilize a listing of apartments for rent;
3. “Customer”  means any person who pays a fee to an apartment listing service for assistance in obtaining an apartment rental;
4. “Listing”  means any oral or written communication concerning a specific apartment for rent; and
5. “Person”  means any individual, association, partnership, or corporation.

History of Section. P.L. 1983, ch. 150, § 1.

42-14.4-2. License required.

No person, partnership, or corporation may engage in business as an apartment listing service without first obtaining a real estate broker’s license from the department of business regulation. Any apartment listing service which is issued a real estate broker’s license under the authority of this chapter shall be subject to all the rights, duties, and liabilities of a real estate broker as provided for in chapter 20.5 of title 5. Further, the apartment listing service shall also be subject to the rules and regulations that govern the conduct of real estate brokers promulgated by the department of business regulation.

History of Section. P.L. 1983, ch. 150, § 1.

42-14.5-1. Health insurance commissioner.

There is hereby established, within the department of business regulation, an office of the health insurance commissioner. The health insurance commissioner shall be appointed by the governor, with the advice and consent of the senate. The director of business regulation shall grant to the health insurance commissioner reasonable access to appropriate expert staff.

History of Section. P.L. 2004, ch. 446, § 2; P.L. 2004, ch. 557, § 2.

42-14.5-1.1. Legislative findings.

The general assembly hereby finds and declares as follows:

1. A substantial amount of health care services in this state are purchased for the benefit of patients by health care insurers engaged in the provision of health care financing services or is otherwise delivered subject to the terms of agreements between health care insurers and providers of the services.
2. Health care insurers are able to control the flow of patients to providers of health care services through compelling financial incentives for patients in their plans to utilize only the services of providers with whom the insurers have contracted.
3. Health care insurers also control the health care services rendered to patients through utilization review programs and other managed care tools and associated coverage and payment policies.
4. By incorporation or merger the power of health care insurers in markets of this state for health care services has become great enough to create a competitive imbalance, reducing levels of competition and threatening the availability of high quality, cost-effective health care.
5. The power of health care insurers to unilaterally impose provider contract terms may jeopardize the ability of physicians and other health care providers to deliver the superior quality health care services that have been traditionally available in this state.
6. It is the intention of the general assembly to authorize health care providers to jointly discuss with health care insurers topics of concern regarding the provision of quality health care through a committee established by an advisory to the health insurance commissioner.

History of Section. P.L. 2005, ch. 273, § 2; P.L. 2005, ch. 274, § 2.

42-14.5-2. Purpose.

With respect to health insurance as defined in § 42-14-5 , the health insurance commissioner shall discharge the powers and duties of office to:

1. Guard the solvency of health insurers;
2. Protect the interests of consumers;
3. Encourage fair treatment of health care providers;
4. Encourage policies and developments that improve the quality and efficiency of health care service delivery and outcomes; and
5. View the health care system as a comprehensive entity and encourage and direct insurers towards policies that advance the welfare of the public through overall efficiency, improved health care quality, and appropriate access.

History of Section. P.L. 2004, ch. 446, § 2; P.L. 2004, ch. 557, § 2.

42-14.5-3. Powers and duties.

The health insurance commissioner shall have the following powers and duties:

1. To conduct quarterly public meetings throughout the state, separate and distinct from rate hearings pursuant to § 42-62-13 , regarding the rates, services, and operations of insurers licensed to provide health insurance in the state; the effects of such rates, services, and operations on consumers, medical care providers, patients, and the market environment in which the insurers operate; and efforts to bring new health insurers into the Rhode Island market. Notice of not less than ten (10) days of the hearing(s) shall go to the general assembly, the governor, the Rhode Island Medical Society, the Hospital Association of Rhode Island, the director of health, the attorney general, and the chambers of commerce. Public notice shall be posted on the department’s website and given in the newspaper of general circulation, and to any entity in writing requesting notice.
2. To make recommendations to the governor and the house of representatives and senate finance committees regarding healthcare insurance and the regulations, rates, services, administrative expenses, reserve requirements, and operations of insurers providing health insurance in the state, and to prepare or comment on, upon the request of the governor or chairpersons of the house or senate finance committees, draft legislation to improve the regulation of health insurance. In making the recommendations, the commissioner shall recognize that it is the intent of the legislature that the maximum disclosure be provided regarding the reasonableness of individual administrative expenditures as well as total administrative costs. The commissioner shall make recommendations on the levels of reserves, including consideration of: targeted reserve levels; trends in the increase or decrease of reserve levels; and insurer plans for distributing excess reserves.
3. To establish a consumer/business/labor/medical advisory council to obtain information and present concerns of consumers, business, and medical providers affected by health insurance decisions. The council shall develop proposals to allow the market for small business health insurance to be affordable and fairer. The council shall be involved in the planning and conduct of the quarterly public meetings in accordance with subsection (a). The advisory council shall develop measures to inform small businesses of an insurance complaint process to ensure that small businesses that experience rate increases in a given year may request and receive a formal review by the department. The advisory council shall assess views of the health provider community relative to insurance rates of reimbursement, billing, and reimbursement procedures, and the insurers’ role in promoting efficient and high-quality health care. The advisory council shall issue an annual report of findings and recommendations to the governor and the general assembly and present its findings at hearings before the house and senate finance committees. The advisory council is to be diverse in interests and shall include representatives of community consumer organizations; small businesses, other than those involved in the sale of insurance products; and hospital, medical, and other health provider organizations. Such representatives shall be nominated by their respective organizations. The advisory council shall be co-chaired by the health insurance commissioner and a community consumer organization or small business member to be elected by the full advisory council.
4. To establish and provide guidance and assistance to a subcommittee (“the professional-provider-health-plan work group”) of the advisory council created pursuant to subsection (c), composed of healthcare providers and Rhode Island licensed health plans. This subcommittee shall include in its annual report and presentation before the house and senate finance committees the following information:
   1. A method whereby health plans shall disclose to contracted providers the fee schedules used to provide payment to those providers for services rendered to covered patients;
   2. A standardized provider application and credentials verification process, for the purpose of verifying professional qualifications of participating healthcare providers;
   3. The uniform health plan claim form utilized by participating providers;
   4. Methods for health maintenance organizations, as defined by § 27-41-2 , and nonprofit hospital or medical-service corporations, as defined by chapters 19 and 20 of title 27, to make facility-specific data and other medical service-specific data available in reasonably consistent formats to patients regarding quality and costs. This information would help consumers make informed choices regarding the facilities and clinicians or physician practices at which to seek care. Among the items considered would be the unique health services and other public goods provided by facilities and clinicians or physician practices in establishing the most appropriate cost comparisons;
   5. All activities related to contractual disclosure to participating providers of the mechanisms for resolving health plan/provider disputes;
   6. The uniform process being utilized for confirming, in real time, patient insurance enrollment status, benefits coverage, including co-pays and deductibles;
   7. Information related to temporary credentialing of providers seeking to participate in the plan’s network and the impact of the activity on health plan accreditation;
   8. The feasibility of regular contract renegotiations between plans and the providers in their networks; and
   9. Efforts conducted related to reviewing impact of silent PPOs on physician practices.
5. To enforce the provisions of Title 27 and Title 42 as set forth in § 42-14-5(d) .
6. To provide analysis of the Rhode Island affordable health plan reinsurance fund. The fund shall be used to effectuate the provisions of §§ 27-18.5-9 and 27-50-17 .
7. To analyze the impact of changing the rating guidelines and/or merging the individual health insurance market, as defined in chapter 18.5 of title 27, and the small-employer health insurance market, as defined in chapter 50 of title 27, in accordance with the following:
   1. The analysis shall forecast the likely rate increases required to effect the changes recommended pursuant to the preceding subsection (g) in the direct-pay market and small-employer health insurance market over the next five (5) years, based on the current rating structure and current products.
   2. The analysis shall include examining the impact of merging the individual and small-employer markets on premiums charged to individuals and small-employer groups.
   3. The analysis shall include examining the impact on rates in each of the individual and small-employer health insurance markets and the number of insureds in the context of possible changes to the rating guidelines used for small-employer groups, including: community rating principles; expanding small-employer rate bonds beyond the current range; increasing the employer group size in the small-group market; and/or adding rating factors for broker and/or tobacco use.
   4. The analysis shall include examining the adequacy of current statutory and regulatory oversight of the rating process and factors employed by the participants in the proposed, new merged market.
   5. The analysis shall include assessment of possible reinsurance mechanisms and/or federal high-risk pool structures and funding to support the health insurance market in Rhode Island by reducing the risk of adverse selection and the incremental insurance premiums charged for this risk, and/or by making health insurance affordable for a selected at-risk population.
   6. The health insurance commissioner shall work with an insurance market merger task force to assist with the analysis. The task force shall be chaired by the health insurance commissioner and shall include, but not be limited to, representatives of the general assembly, the business community, small-employer carriers as defined in § 27-50-3 , carriers offering coverage in the individual market in Rhode Island, health insurance brokers, and members of the general public.
   7. For the purposes of conducting this analysis, the commissioner may contract with an outside organization with expertise in fiscal analysis of the private insurance market. In conducting its study, the organization shall, to the extent possible, obtain and use actual health plan data. Said data shall be subject to state and federal laws and regulations governing confidentiality of health care and proprietary information.
   8. The task force shall meet as necessary and include its findings in the annual report, and the commissioner shall include the information in the annual presentation before the house and senate finance committees.
8. To establish and convene a workgroup representing healthcare providers and health insurers for the purpose of coordinating the development of processes, guidelines, and standards to streamline healthcare administration that are to be adopted by payors and providers of healthcare services operating in the state. This workgroup shall include representatives with expertise who would contribute to the streamlining of healthcare administration and who are selected from hospitals, physician practices, community behavioral health organizations, each health insurer, and other affected entities. The workgroup shall also include at least one designee each from the Rhode Island Medical Society, Rhode Island Council of Community Mental Health Organizations, the Rhode Island Health Center Association, and the Hospital Association of Rhode Island. The workgroup shall consider and make recommendations for:
   1. Establishing a consistent standard for electronic eligibility and coverage verification. Such standard shall:
      1. Include standards for eligibility inquiry and response and, wherever possible, be consistent with the standards adopted by nationally recognized organizations, such as the Centers for Medicare and Medicaid Services;
      2. Enable providers and payors to exchange eligibility requests and responses on a system-to-system basis or using a payor-supported web browser;
      3. Provide reasonably detailed information on a consumer’s eligibility for healthcare coverage; scope of benefits; limitations and exclusions provided under that coverage; cost-sharing requirements for specific services at the specific time of the inquiry; current deductible amounts; accumulated or limited benefits; out-of-pocket maximums; any maximum policy amounts; and other information required for the provider to collect the patient’s portion of the bill;
      4. Reflect the necessary limitations imposed on payors by the originator of the eligibility and benefits information;
      5. Recommend a standard or common process to protect all providers from the costs of services to patients who are ineligible for insurance coverage in circumstances where a payor provides eligibility verification based on best information available to the payor at the date of the request of eligibility.
   2. Developing implementation guidelines and promoting adoption of the guidelines for:
9. The use of the National Correct Coding Initiative code-edit policy by payors and providers in the state;

   (ii) Publishing any variations from codes and mutually exclusive codes by payors in a manner that makes for simple retrieval and implementation by providers;

   (iii) Use of Health Insurance Portability and Accountability Act standard group codes, reason codes, and remark codes by payors in electronic remittances sent to providers;

   (iv) The processing of corrections to claims by providers and payors.

   (v) A standard payor-denial review process for providers when they request a reconsideration of a denial of a claim that results from differences in clinical edits where no single, common-standards body or process exists and multiple conflicting sources are in use by payors and providers.

   (vi) Nothing in this section, nor in the guidelines developed, shall inhibit an individual payor’s ability to employ, and not disclose to providers, temporary code edits for the purpose of detecting and deterring fraudulent billing activities. The guidelines shall require that each payor disclose to the provider its adjudication decision on a claim that was denied or adjusted based on the application of such edits and that the provider have access to the payor’s review and appeal process to challenge the payor’s adjudication decision.

   (vii) Nothing in this subsection shall be construed to modify the rights or obligations of payors or providers with respect to procedures relating to the investigation, reporting, appeal, or prosecution under applicable law of potentially fraudulent billing activities.

   (3) Developing and promoting widespread adoption by payors and providers of guidelines to:

   1. Ensure payors do not automatically deny claims for services when extenuating circumstances make it impossible for the provider to obtain a preauthorization before services are performed or notify a payor within an appropriate standardized timeline of a patient’s admission;
   2. Require payors to use common and consistent processes and time frames when responding to provider requests for medical management approvals. Whenever possible, such time frames shall be consistent with those established by leading national organizations and be based upon the acuity of the patient’s need for care or treatment. For the purposes of this section, medical management includes prior authorization of services, preauthorization of services, precertification of services, post-service review, medical-necessity review, and benefits advisory;
   3. Develop, maintain, and promote widespread adoption of a single, common website where providers can obtain payors’ preauthorization, benefits advisory, and preadmission requirements;
   4. Establish guidelines for payors to develop and maintain a website that providers can use to request a preauthorization, including a prospective clinical necessity review; receive an authorization number; and transmit an admission notification.

      (4) To provide a report to the house and senate, on or before January 1, 2017, with recommendations for establishing guidelines and regulations for systems that give patients electronic access to their claims information, particularly to information regarding their obligations to pay for received medical services, pursuant to 45 C.F.R. 164.524.

      (i) To issue an anti-cancer medication report. Not later than June 30, 2014, and annually thereafter, the office of the health insurance commissioner (OHIC) shall provide the senate committee on health and human services, and the house committee on corporations, with: (1) Information on the availability in the commercial market of coverage for anti-cancer medication options; (2) For the state employee’s health benefit plan, the costs of various cancer-treatment options; (3) The changes in drug prices over the prior thirty-six (36) months; and (4) Member utilization and cost-sharing expense.

10. To monitor the adequacy of each health plan’s compliance with the provisions of the federal Mental Health Parity Act, including a review of related claims processing and reimbursement procedures. Findings, recommendations, and assessments shall be made available to the public.
11. To monitor the transition from fee-for-service and toward global and other alternative payment methodologies for the payment for healthcare services. Alternative payment methodologies should be assessed for their likelihood to promote access to affordable health insurance, health outcomes, and performance.
12. To report annually, no later than July 1, 2014, then biannually thereafter, on hospital payment variation, including findings and recommendations, subject to available resources.
13. Notwithstanding any provision of the general or public laws or regulation to the contrary, provide a report with findings and recommendations to the president of the senate and the speaker of the house, on or before April 1, 2014, including, but not limited to, the following information:
    1. The impact of the current, mandated healthcare benefits as defined in §§ 27-18-48.1 , 27-18-60 , 27-18-62 , 27-18-64 , similar provisions in chapters 19, 20 and 41 of title 27, and §§ 27-18-3(c), 27-38.2-1 et seq., or others as determined by the commissioner, on the cost of health insurance for fully insured employers, subject to available resources;
    2. Current provider and insurer mandates that are unnecessary and/or duplicative due to the existing standards of care and/or delivery of services in the healthcare system;
    3. A state-by-state comparison of health insurance mandates and the extent to which Rhode Island mandates exceed other states benefits; and
    4. Recommendations for amendments to existing mandated benefits based on the findings in (m)(1), (m)(2), and (m)(3) above.
14. On or before July 1, 2014, the office of the health insurance commissioner, in collaboration with the director of health and lieutenant governor’s office, shall submit a report to the general assembly and the governor to inform the design of accountable care organizations (ACOs) in Rhode Island as unique structures for comprehensive health-care delivery and value-based payment arrangements, that shall include, but not be limited to:
    1. Utilization review;
    2. Contracting; and
    3. Licensing and regulation.
15. On or before February 3, 2015, the office of the health insurance commissioner shall submit a report to the general assembly and the governor that describes, analyzes, and proposes recommendations to improve compliance of insurers with the provisions of § 27-18-76 with regard to patients with mental health and substance use disorders.
16. To work to ensure the health insurance coverage of behavioral health care under the same terms and conditions as other health care, and to integrate behavioral health parity requirements into the office of the health insurance commissioner insurance oversight and health care transformation efforts.
17. To work with other state agencies to seek delivery system improvements that enhance access to a continuum of mental health and substance use disorder treatment in the state; and integrate that treatment with primary and other medical care to the fullest extent possible.
18. To direct insurers toward policies and practices that address the behavioral health needs of the public and greater integration of physical and behavioral healthcare delivery.
19. The office of the health insurance commissioner shall conduct an analysis of the impact of the provisions of § 27-38.2-1(i) on health insurance premiums and access in Rhode Island and submit a report of its findings to the general assembly on or before June 1, 2023.

History of Section. P.L. 2004, ch. 446, § 2; P.L. 2004, ch. 557, § 2; P.L. 2005, ch. 273, § 1; P.L. 2005, ch. 274, § 1; P.L. 2006, ch. 248, § 3; P.L. 2006, ch. 273, § 7; P.L. 2006, ch. 274, § 3; P.L. 2006, ch. 297, § 7; P.L. 2007, ch. 82, § 1; P.L. 2007, ch. 205, § 1; P.L. 2008, ch. 475, § 10; P.L. 2009, ch. 68, art. 5, § 12; P.L. 2010, ch. 239, § 6; P.L. 2012, ch. 378, § 1; P.L. 2012, ch. 390, § 1; P.L. 2013, ch. 323, § 5; P.L. 2013, ch. 341, § 6; P.L. 2013, ch. 394, § 6; P.L. 2013, ch. 405, § 5; P.L. 2014, ch. 178, § 2; P.L. 2014, ch. 204, § 2; P.L. 2016, ch. 479, § 1; P.L. 2016, ch. 480, § 1; P.L. 2016, ch. 512, art. 1, § 28; P.L. 2018, ch. 169, § 2; P.L. 2018, ch. 253, § 2.

42-14.5-4. Actuary and subject matter experts.

The health insurance commissioner may contract with an actuary and/or other subject matter experts to assist him or her in conducting the study required under subsection 42-14.5-3(g) . The actuary or other expert shall serve under the direction of the health insurance commissioner. Health insurance companies doing business in this state, including, but not limited to, nonprofit hospital service corporations and nonprofit medical service corporations established pursuant to chapters 27-19 and 27-20, and health maintenance organizations established pursuant to chapter 27-41, shall be assessed according to a schedule of their direct writing of health insurance in this state to pay for the compensation of the actuary. The amount assessed to all health insurance companies doing business in this state for the study conducted under subsection 42-14.5-3(g) shall not exceed a total of one hundred thousand dollars ($100,000).

History of Section. P.L. 2007, ch. 82, § 2; P.L. 2007, ch. 205, § 2.

42-14.6-1. Short title.

This chapter shall be known and may be cited as the “Rhode Island All-Payer Patient-Centered Medical Home Act.”

History of Section. P.L. 2011, ch. 260, § 1.

42-14.6-2. Legislative purpose and intent.

1. The general assembly recognizes that patient-centered medical home (PCMH) is an approach to providing comprehensive primary care for children, youth and adults. The patient-centered medical home is a healthcare setting that facilitates partnerships between individual patients, and their personal physicians, physician assistants and advanced practice nurses, and when appropriate, the patient’s family. Care is facilitated by registries, information technology, health information exchange and other means to assure that patients get the indicated care when and where they need and want it in a culturally and linguistically appropriate manner. The goals of the patient-centered medical home are improved delivery of comprehensive primary care and focus on better outcomes for patients, more efficient payment to physicians and other clinicians and better value, accountability and transparency to purchasers and consumers. The patient-centered medical home changes the interaction between patients and physicians and other clinicians from a series of episodic office visits to an ongoing two-way relationship. The patient-centered medical home helps medical care providers work to keep patients healthy instead of just healing them when they are sick. In the patient-centered medical home patients are active participants in managing their health with a shared goal of staying as healthy as possible.
2. The patient-centered medical home has the following characteristics:
   1. Emphasizes, enhances, and encourages the use of primary care;
   2. Focuses on delivering high quality, efficient, and effective healthcare services;
   3. Encourages patient-centered care, including active participation by the patient and family, or designated agent for healthcare decision-making, as appropriate in decision-making and care plan development, and providing care that is appropriate to the patient’s individual needs and circumstances;
   4. Provides patients with a consistent, ongoing contact with a personal clinician or team of clinical professionals to ensure continuous and appropriate care for the patient’s condition;
   5. Enables and encourages utilization of a range of qualified healthcare professionals, including dedicated care coordinators, in a manner that enables providers to practice to the fullest extent of their license;
   6. Focuses initially on patients who have or are at risk of developing chronic health conditions;
   7. Incorporates measures of quality, resource use, cost of care, and patient experience;
   8. Ensures the use of health information technology and systematic follow-up, including the use of patient registries; and
   9. Encourages the use of evidence-based health care, patient decision-making aids that provide patients with information about treatment options and their associated benefits, risks, costs, and comparative outcomes, and other clinical decision support tools.
3. The general assembly recognizes that Rhode Island is a national leader in all-payer patient-centered medical homes through a model developed by providers and financed through the voluntary participation of insurers. The continuation of this model, developed by the Rhode Island chronic care sustainability initiative, is recognized as critical to the future structure of the Rhode Island primary care delivery system. The general assembly also recognizes that the model created through this legislation is not the only model for patient-centered medical homes and in no way seeks to limit the innovation of providers and insurers in the future.

History of Section. P.L. 2011, ch. 260, § 1.

42-14.6-3. Definitions.

As used in this section, the following terms shall have the following meanings:

1. “Commissioner” means the health insurance commissioner.
2. “Health insurer” means all entities licensed, or required to be licensed, in this state that offer health benefit plans in Rhode Island including, but not limited to, nonprofit hospital service corporations and nonprofit medical-service corporations established pursuant to chapters 19 and 20 of title 27, and health maintenance organizations established pursuant to chapter 41 of title 27 or as defined in chapter 62 of this title, a fraternal benefit society or any other entity subject to state insurance regulation that provides medical care on the basis of a periodic premium, paid directly or through an association, trust or other intermediary, and issued, renewed, or delivered within or without Rhode Island.
3. “Health insurance plan” means any individual, general, blanket or group policy of health, accident and sickness insurance issued by a health insurer (as herein defined). Health Insurance Plan shall not include insurance coverage providing benefits for:
   1. Hospital confinement indemnity;
   2. Disability income;
   3. Accident only;
   4. Long-term care;
   5. Medicare supplement;
   6. Limited benefit health;
   7. Specified disease indemnity;
   8. Sickness or bodily injury or death by accident or both; and
   9. Other limited benefit policies.
4. “Personal clinician” means a physician, physician assistant, or an advanced practice nurse licensed by the department of health.
5. “State healthcare program” means medical assistance, RIteCare, and any other health insurance program provided through the office of health and human services (OHHS) and its component state agencies state healthcare program does not include any health insurance plan provided as a benefit to state employees or retirees.
6. “Patient-centered medical home” means a practice that satisfies the characteristics described in § 42-14.6-2 , and is designated as such by the secretary, or through alternative models as provided for in § 42-14.6-7 , based on standards recommended by the patient-centered medical home collaborative.
7. “Patient-centered medical home collaborative” means a community advisory council, including, but not limited to, participants in the existing Rhode Island patient-centered medical home pilot project, and health insurers, physicians and other clinicians, employers, the state healthcare program, relevant state agencies, community health centers, hospitals, other providers, patients, and patient advocates which shall provide consultation and recommendations to the secretary and the commissioner on all matters relating to proposed regulations, development of standards, and development of payment mechanisms.
8. “Secretary” means the secretary of the executive office of health and human services.

History of Section. P.L. 2011, ch. 260, § 1.

42-14.6-4. Promotion of the patient-centered medical home.

1. Care coordination payments.
   1. The commissioner and the secretary shall convene a patient-centered medical home collaborative consisting of the entities described in § 42-14.6-3(7) . The commissioner shall require participation in the collaborative by all of the health insurers described above. The collaborative shall propose, by January 1, 2012, a payment system, to be adopted in whole or in part by the commissioner and the secretary, that requires all health insurers to make per-person care coordination payments to patient-centered medical homes, for providing care coordination services and directly managing on-site or employing care coordinators as part of all health insurance plans offered in Rhode Island. The collaborative shall provide guidance to the state healthcare program as to the appropriate payment system for the state healthcare program to the same patient-centered medical homes; the state healthcare program must justify the reasons for any departure from this guidance to the collaborative.
   2. The care coordination payments under this shall be consistent across insurers and patient-centered medical homes and shall be in addition to any other incentive payments such as quality incentive payments. In developing the criteria for care coordination payments, the commissioner shall consider the feasibility of including the additional time and resources needed by patients with limited English-language skills, cultural differences, or other barriers to health care. The commissioner may direct the collaborative to determine a schedule for phasing in care coordination fees.
   3. [Deleted by P.L. 2019, ch. 88, art. 13, § 14].
   4. Examination of other payment reforms.  The commissioner and the secretary shall direct the collaborative to consider additional payment reforms to be implemented to support patient-centered medical homes including, but not limited to, payment structures (to medical home or other providers) that:
      1. Reward high-quality, low-cost providers;
      2. Create enrollee incentives to receive care from high-quality, low-cost providers;
      3. Foster collaboration among providers to reduce cost shifting from one part of the health continuum to another;
      4. Create incentives that health care be provided in the least restrictive, most appropriate setting; and
      5. Constitute alternatives to fee for service payment, such as partial and full capitation.
   5. The patient-centered medical home collaborative shall examine and make recommendations to the secretary regarding the designation of patient-centered medical homes, in order to promote diversity in the size of practices designated, geographic locations of practices designated and accessibility of the population throughout the state to patient-centered medical homes.
2. The patient-centered medical home collaborative shall propose to the secretary for adoption, standards for the patient-centered medical home to be used in the payment system. In developing these standards, the existing standards by the national committee for quality assurance, or other independent accrediting organizations may be considered where feasible.

History of Section. P.L. 2011, ch. 260, § 1; P.L. 2013, ch. 341, § 7; P.L. 2013, ch. 394, § 7; P.L. 2019, ch. 88, art. 13, § 14.

42-14.6-5. Annual reports on implementation and administration.

The secretary and commissioner shall report annually to the legislature on the implementation and administration of the patient-centered medical home model.

History of Section. P.L. 2011, ch. 260, § 1.

42-14.6-6. Evaluation reports.

1. The secretary and commissioner shall provide to the legislature comprehensive evaluations of the patient-centered medical home model two (2) years and four (4) years after implementation. The evaluation must include:
   1. The number of enrollees in patient-centered medical homes in the collaborative and the health characteristics of enrollees;
   2. The number and geographic distribution of patient-centered medical home providers in the collaborative and the number of primary care physicians per thousand populations;
   3. The performance and quality of care of patient-centered medical homes in the collaborative;
   4. The estimated impact of patient-centered medical homes on access to preventive care;
   5. Patient-centered medical home payment arrangements, and costs related to implementation and payment of care coordination fees;
   6. The estimated impact of patient-centered medical homes on health status and health disparities; and
   7. Estimated savings from implementation of the patient-centered medical home model.
2. Health insurers shall provide to the commissioner and secretary utilization, quality, financial, and other reports, specified by the commissioner and secretary, regarding the implementation and impact of patient-centered medical homes.

History of Section. P.L. 2011, ch. 260, § 1.

42-14.6-7. Alternative models.

Nothing in this section shall preclude the development of alternative patient centered medical home models by an insurer for its group and/or individual policies, or by the secretary, the commissioner or other state agencies or preclude insurers, the secretary, the commissioner or other state agencies from establishing alternative models and payment mechanisms for persons who are enrolled in integrated Medicare and Medicaid programs, are enrolled in managed care long-term care programs, are dually eligible for Medicare and Medicaid, are in the waiting period for Medicare, or who have other primary coverage.

History of Section. P.L. 2011, ch. 260, § 1.

42-14.6-8. Regulations.

The secretary of health and human services and the health insurance commissioner shall develop regulations to implement this chapter.

History of Section. P.L. 2011, ch. 260, § 1.

42-14.6-9. State patient-centered medical home program expansion.

1. The director of the department of administration is hereby authorized to expand the current patient-centered medical home program for state employees and retirees with chronic health conditions that are covered by the state employees health benefit program and are high frequency healthcare utilizers. This program shall be in addition to and shall not alter the Rhode Island All-Payer Patient-Centered Medical Home Act as set forth in § 42-14.6-4 .
2. For the purposes of this program, “high utilizers” means individuals who are among the top one to five percent (1-5%) of utilization within their payer group.
3. “Patient-centered medical home” means a practice that satisfies the characteristics described in § 42-14.6-2 .

History of Section. P.L. 2013, ch. 341, § 8; P.L. 2013, ch. 394, § 8.

42-15-1 — 42-15-6. Repealed.

42-16-1 — 42-16-5. Repealed.

42-16.1-1. Establishment of department — Director.

There is hereby established with the executive branch of state government a department of labor and training. The head of the department shall be the director of labor and training who shall be 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 a successor. The director shall receive such salary as provided by law.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-2. Functions of director.

The director of labor and training shall:

1. Have all the powers and duties formerly vested by law in the director of labor with regard to factory inspectors and steam boiler inspectors, and such other duties as may be by law conferred upon the department;
2. Administer the labor laws of this state concerning women and children and be responsible for satisfactory working conditions of women and children employed in industry in this state by a division in the department which shall be known as the division of labor standards;
3. Administer the act relating to state wage payment and wage collection;
4. Have all of the powers and duties formerly vested in the director of the department of labor and administer those responsibilities set forth in chapters 29 — 38, inclusive, of title 28;
5. Have all the powers and duties formerly vested by law in the director of employment and training and administer those responsibilities set forth in chapters 39 — 44, inclusive, of title 28 and chapter 102 of title 42.
6. Provide to the department of administration any information, records or documents they certify as necessary to investigate suspected misclassification of employee status, wage and hour violations, or prevailing wage violations subject to their jurisdiction, even if deemed confidential under applicable law, provided that the confidentiality of such materials shall be maintained, to the extent required of the releasing department by any federal or state law or regulation, by all state departments to which the materials are released and no such information shall be publicly disclosed, except to the extent necessary for the requesting department or agency to adjudicate a violation of applicable law. The certification must include a representation that there is probable cause to believe that a violation has occurred. State departments sharing this information or materials may enter into written agreements via memorandums of understanding to ensure the safeguarding of such released information or materials.

History of Section. P.L. 1996, ch. 226, § 2; P.L. 2012, ch. 424, § 1; P.L. 2012, ch. 483, § 1.

42-16.1-3. Transfer of functions from the department of labor.

1. There are hereby transferred to the department of labor and training all functions formerly administered by the department of labor under the provisions of chapter 4 of title 5; chapter 1 of title 25; chapters 1, 2, 4, 10 — 15, inclusive, 18, 20, 25 and 29 — 38, inclusive, of title 28; chapter 13 of title 37; chapters 1 — 4, inclusive, and 6 — 8, inclusive, of title 47; and of all other general laws and public laws heretofore carried out by the existing director of labor and the department of labor.
2. Whenever in the general or public laws the words   “director of labor” or   “department of labor” shall appear, the same shall be deemed to mean the director of labor and training or the department of labor and training, as the case may be.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-4. Transfer of functions from the department of employment and training.

1. There are hereby transferred to the department of labor and training all functions formerly administered by the department of employment and training set forth in chapters 39 — 44, inclusive, of title 28 and chapter 102 of title 42; and of all other general laws and public laws heretofore carried out by the existing director of employment and training and the department of employment and training. The department of labor and training shall:
   1. Be the principal executive department charged with administering employment and training programs in the state. The department shall establish a coordinated structure for delivery of such programs and shall work with the Rhode Island Human Resource Investment Council, or its successor, in carrying out the statewide policies, goals, and guidelines developed by the Rhode Island Human Resource Investment Council, or its successor, pursuant to § 42-102-9 ;
   2. Administer all employment and training programs formerly administered by the department of employment and training, including, without limitation, all state and local programs sponsored under the federal Job Training Partnership Act, 29 U.S.C. § 1501 et seq.; and
   3. Continue to work with the existing local regional employment and training boards and along with such other regional employment and training boards as may be established from time to time by the Rhode Island Human Resource Investment Council, or its successor, and the department. Such boards shall operate according to the policies and guidelines established by the Rhode Island Human Resource Investment Council, or its successor; shall be responsible for establishing local planning and coordination guidelines; shall review and comment on all local plans, proposals, and programs that would be funded directly by state and/or federal agencies; shall assist in the development of public-private partnerships; and shall be responsible for the development of a local coordination plan covering programs and services within all service delivery areas located within the state.
2. To the extent that there is any conflict between federal law and this section, federal law shall prevail.
3. Whenever in the general laws or in any public law the words   “director of employment and training” or   “director of employment security” or   “department of employment and training” or   “department of employment security” shall appear, the same shall be deemed to mean the director of labor and training or the department of labor and training, as the case may be.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-5. Education unit — Establishment.

There shall be within the department of labor and training an education unit. The unit shall provide, in convenient locations throughout the state, education services to employees and employers concerning the prevention of occupational diseases and injuries, training for non-management employees and employers in workers’ compensation procedures, and substantive rights and information to employers and employees concerning known and suspected workplace hazards. The unit shall be funded through the workers’ compensation administrative fund provided for in § 28-37-1 . The director of labor and training may adopt regulations to implement the provisions of this section.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-6. Board of review — Composition.

There shall be a board of review consisting of three (3) members. One member shall be a representative of labor, one member shall be a representative of industry, and one member shall be a representative of the public generally. Not more than two (2) members of the board shall be of the same political party.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-7. Appointment of board members.

In January of each odd-numbered year, the governor shall submit to the senate the name of a person to act as a member of the board of review to succeed the member of the board whose term will next expire, and to hold office for a term of six (6) years and until his or her successor is appointed and qualified. Whenever the governor shall submit any name to the senate, the senate may within twelve (12) legislative days confirm or reject that appointment. If the senate shall fail for twelve (12) legislative days after the submission to confirm the appointment, the governor shall submit another appointment and so on in like manner until the senate shall confirm the person named by the governor; however, terms of current members of the board of review shall not be altered by this act.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-8. Filling of vacancies on board.

In case there is a vacancy in the board of review while the senate is in session, the governor shall appoint in the manner aforesaid. In case there is a vacancy in the board of review when the senate is not in session, the governor shall appoint some person to hold office until the next session thereof. Vacancies shall be filled in such manner that the representation of labor, industry, and the public shall at all times be retained on the board of review.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-9. Organization of board — Restrictions on members — Removal.

The representative of the public shall be chairperson of the board of review. No hearing shall proceed in the absence of the chairperson of the board of review and the chairperson shall act alone in the absence of any other member. In the absence of the chairperson for more than thirty (30) days, or in cases where the chairperson may not sit by law, the chief referee may serve as acting chairperson of the board of review; provided, however, that the acting chairperson shall act only in the presence of the other two (2) members. No member of the board of review shall, during his or her term of office, serve as any officer or committee member of any political party organization, or as a member of the general assembly. The governor may at any time, after public hearing, remove any member of the board of review for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-10. Compensation of board of review.

The compensation of members of the board shall be determined by the department of administration. The compensation shall be pro rated and made chargeable to the employment security administration fund and such other funds as shall be available for the payment of temporary disability insurance expenses or from such other sums as shall be allotted to the director by the general assembly.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-11. Legal counsel to board of review.

1. The board of review shall be empowered to appoint and employ a qualified attorney, who shall act in accordance with such instructions as he or she may receive from the board concerning appeals from its decisions and other related duties. Whenever the board of review may or shall become a party to a court action, the attorney shall represent its interests before the courts.
2. The duly appointed attorney shall serve in this capacity from the date of his or her appointment by the board of review, and until his or her successor is appointed.

History of Section. P.L. 1996, ch. 226, § 2.

42-16.1-12. Fraud prevention unit — Appointment — Duties — Qualifications.

1. The director of the department of labor and training shall maintain within the workers’ compensation unit of the department of labor and training, a workers’ compensation fraud prevention unit whose members shall be in the unclassified service and whose responsibility it shall be to formulate an integrated state plan to reduce and prevent fraud arising out of claims made pursuant to the workers’ compensation laws of this state and to conduct investigations as authorized by the director. The plan shall include a fraud prevention telephone hotline.
2. To carry out the purposes of this section, the director is authorized to employ any persons that may be required, including an assistant attorney general position within the department of attorney general to assist the unit in any hearing, investigation, action or proceeding taken or done in carrying out the purposes of this section. The director is further authorized and directed to employ any investigative or other services that he or she deems reasonable and prudent to accomplish these purposes.
3. The unit shall be funded by the workers’ compensation administrative fund established in § 28-37-1 , and any other funds or balances that the director deems appropriate.

History of Section. P.L. 1999, ch. 31, art. 8, § 4; P.L. 1999, ch. 216, § 11; P.L. 1999, ch. 384, § 11; P.L. 2001, ch. 256, § 8; P.L. 2001, ch. 355, § 8; P.L. 2005, ch. 342, § 5; P.L. 2005, ch. 403, § 5.

42-16.1-13. Investigative powers of the fraud prevention unit.

The unit is authorized to investigate allegations of workers’ compensation fraud and abuse. In furtherance of any investigation, the unit has the power to:

1. Administrative subpoena.  The unit may request, through an administrative subpoena, the attendance and testimony of witnesses and the production of books, records, and other evidence relevant to an investigation. The subpoena shall specify the time, date, and place where the witness is to respond. Within twenty (20) days after the service of the subpoena or at anytime before the return date specified in the subpoena, whichever period is shorter, the person served may file in a state superior court and serve upon the unit and the attorney general a civil petition for an order of the court modifying or setting aside the subpoena. The petition shall specify each ground upon which the petitioner is seeking relief. If a person neglects or refuses to comply with any request to provide testimony or produce books, records, and other evidence relevant to an investigation, the attorney general may petition the superior court for an order compelling the person to answer the request. Books, records, and other evidence obtained through an administrative subpoena that are not used in a court proceeding shall be destroyed as soon as practicable.
2. Service of process.  Unit investigators have the authority to serve criminal and civil process.

History of Section. P.L. 1999, ch. 31, art. 8, § 4; P.L. 1999, ch. 216, § 11; P.L. 1999, ch. 384, § 11.

42-16.1-14. Disclosure of information to the fraud prevention unit.

Any insurer, or agent authorized by the insurer, to act on its behalf, or third party administrator or any self-insurer, having reason to believe that an insurance transaction may be fraudulent, shall send to the fraud prevention unit a report of the transaction and any additional information requested by the unit, and shall respond to requests from the fraud prevention unit for information with respect to employers and employees who are being investigated for workers’ compensation fraud and abuse pursuant to § 42-16.1-13 . The unit reviews the reports submitted and undertakes further investigation in appropriate cases, as determined by the unit.

History of Section. P.L. 1999, ch. 31, art. 8, § 2; P.L. 1999, ch. 216, § 11; P.L. 1999, ch. 384, § 11; P.L. 2002, ch. 119, § 5; P.L. 2002, ch. 280, § 5.

42-16.1-15. Fraud prevention unit — Evidence confidentiality.

The unit’s documents, reports, or evidence relative to a workers’ compensation investigation are privileged and not open to public inspection. The documents, reports, and evidence are not subject to a subpoena duces tecum unless the unit consents, or a court determines the unit would not be jeopardized by compliance with the subpoena.

History of Section. P.L. 1999, ch. 31, art. 8, § 4; P.L. 1999, ch. 216, § 11; P.L. 1999, ch. 384, § 11.

42-16.1-16. Immunity.

In the absence of fraud, malice or bad faith, no insurer or agent authorized by the insurer to act on its behalf, employee of the unit, or person providing information to the unit, is subject to civil liability for damages as a result of any statement, report, or investigation made pursuant to chapter 16.1 of this title. Nothing in this section interferes with any common law or statutory privilege or immunity.

History of Section. P.L. 1999, ch. 31, art. 8, § 4; P.L. 1999, ch. 216, § 11; P.L. 1999, ch. 384, § 11.

42-16.1-17. Severability.

If any clause, sentence, paragraph, section, or part of this chapter or the application of any part to any person or circumstances shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, or invalidate the remainder of this chapter and the application of this chapter to other persons or circumstances, but is confined in its operation to the clause, sentence, paragraph, section, or part of this chapter directly involved in the controversy in which the judgment has been rendered and to the person or circumstances involved.

History of Section. P.L. 2000, ch. 491, § 10.

42-16.1-18. Confidentiality.

1. Except as provided in subsection (b) of this section, the department of labor and training shall not release information to any individual not connected with the department relative to any employee’s workers’ compensation claim, including, but not limited to, information obtained from the employee, records or reports of employers, insurers or the courts, or from permanent records of the department.
2. The department of labor and training may release information to the individual workers’ compensation claimant, employer, insurer or their attorney upon a written request, specific as to the information being requested, that identifies the parties involved in the dispute and that specifies the requestor’s relationship to the parties and the reason why the records are being requested.

History of Section. P.L. 2013, ch. 445, § 7; P.L. 2013, ch. 475, § 7.

42-16.1-19. Cost of legal and audit fees.

The director is hereby authorized, and may in his or her discretion, recover the reasonable cost of legal services and audit fees for services provided by in-house attorneys and/or other personnel of the department of labor and training or outside auditors and incurred by the department in matters pertaining to fraud investigations and examinations. Nothing in this section shall limit the power of the director to retain legal counsel to recover the costs of such legal counsel and auditors pursuant to other provisions of the general laws.

History of Section. P.L. 2016, ch. 470, § 4; P.L. 2016, ch. 473, § 4.

42-17-1. Repealed.

42-17-2. [Transferred.]

42-17.1-1. Department established.

There is hereby established within the executive branch of the state government a department of environmental management. The head of the department shall be the director of environmental management, who shall be in the unclassified service and who shall be appointed by the governor, with the advice and consent of the senate, and shall serve at the pleasure of the governor.

History of Section. P.L. 1965, ch. 137, § 1; P.L. 1977, ch. 182, § 2.

42-17.1-2. Powers and duties.

The director of environmental management shall have the following powers and duties:

1. To supervise and control the protection, development, planning, and utilization of the natural resources of the state, such resources, including, but not limited to: water, plants, trees, soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish, shellfish, and other forms of aquatic, insect, and animal life;
2. To exercise all functions, powers, and duties heretofore vested in the department of agriculture and conservation, and in each of the divisions of the department, such as the promotion of agriculture and animal husbandry in their several branches, including the inspection and suppression of contagious diseases among animals; the regulation of the marketing of farm products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of contagious diseases among bees; the prevention of the sale of adulterated or misbranded agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with the University of Rhode Island, farmers’ institutes, and the various organizations established for the purpose of developing an interest in agriculture; together with such other agencies and activities as the governor and the general assembly may, from time to time, place under the control of the department; and as heretofore vested by such of the following chapters and sections of the general laws as are presently applicable to the department of environmental management and that were previously applicable to the department of natural resources and the department of agriculture and conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2 entitled “Agriculture and Forestry”; chapters 1 through 17, inclusive, as amended, in title 4 entitled “Animals and Animal Husbandry”; chapters 1 through 19, inclusive, as amended, in title 20 entitled “Fish and Wildlife”; chapters 1 through 32, inclusive, as amended, in title 21 entitled “Food and Drugs”; chapter 7 of title 23, as amended, entitled “Mosquito Abatement”; and by any other general or public law relating to the department of agriculture and conservation or to any of its divisions or bureaus;
3. To exercise all the functions, powers, and duties heretofore vested in the division of parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled “Parks and Recreational Areas”; by chapter 22.5 of title 23, as amended, entitled “Drowning Prevention and Lifesaving”; and by any other general or public law relating to the division of parks and recreation;
4. To exercise all the functions, powers, and duties heretofore vested in the division of harbors and rivers of the department of public works, or in the department itself by such as were previously applicable to the division or the department, of chapters 1 through 22 and sections thereof, as amended, in title 46 entitled “Waters and Navigation”; and by any other general or public law relating to the division of harbors and rivers;
5. To exercise all the functions, powers, and duties heretofore vested in the department of health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled “Health and Safety”; and by chapters 12 and 16 of title 46, as amended, entitled “Waters and Navigation”; by chapters 3, 4, 5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled “Animals and Animal Husbandry”; and those functions, powers, and duties specifically vested in the director of environmental management by the provisions of § 21-2-22 , as amended, entitled “Inspection of Animals and Milk”; together with other powers and duties of the director of the department of health as are incidental to, or necessary for, the performance of the functions transferred by this section;
6. To cooperate with the Rhode Island commerce corporation in its planning and promotional functions, particularly in regard to those resources relating to agriculture, fisheries, and recreation;
7. To cooperate with, advise, and guide conservation commissions of cities and towns created under chapter 35 of title 45 entitled “Conservation Commissions”, as enacted by chapter 203 of the Public Laws, 1960;
8. To assign or reassign, with the approval of the governor, any functions, duties, or powers established by this chapter to any agency within the department, except as hereinafter limited;
9. To cooperate with the water resources board and to provide to the board facilities, administrative support, staff services, and other services as the board shall reasonably require for its operation and, in cooperation with the board and the statewide planning program, to formulate and maintain a long-range guide plan and implementing program for development of major water-sources transmission systems needed to furnish water to regional- and local-distribution systems;
10. To cooperate with the solid waste management corporation and to provide to the corporation such facilities, administrative support, staff services, and other services within the department as the corporation shall reasonably require for its operation;
11. To provide for the maintenance of waterways and boating facilities, consistent with chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, ground water protection, and fish and wildlife protection pursuant to § 42-17.1-24 ; (iii) Planning for the upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council pursuant to § 46-23-6(2) ; and (iv) Cooperating with the coastal resources management council in the development and implementation of comprehensive programs for dredging as provided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3 ; and (v) Monitoring dredge material management and disposal sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the comprehensive program provided for in § 46-23-6(1)(ii)(H) ; no powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council under chapter 23 of title 46, as amended;
12. To establish minimum standards, subject to the approval of the environmental standards board, relating to the location, design, construction, and maintenance of all sewage-disposal systems;
13. To enforce, by such means as provided by law, the standards for the quality of air, and water, and the design, construction, and operation of all sewage-disposal systems; any order or notice issued by the director relating to the location, design, construction, or maintenance of a sewage-disposal system shall be eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or town wherein the subject property is located and the order or notice shall be recorded in the general index by the appropriate municipal official in the land evidence records in the city or town wherein the subject property is located. Any subsequent transferee of that property shall be responsible for complying with the requirements of the order or notice. Upon satisfactory completion of the requirements of the order or notice, the director shall provide written notice of the same, which notice shall be similarly eligible for recordation. The original written notice shall be forwarded to the city or town wherein the subject property is located and the notice of satisfactory completion shall be recorded in the general index by the appropriate municipal official in the land evidence records in the city or town wherein the subject property is located. A copy of the written notice shall be forwarded to the owner of the subject property within five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject property within thirty (30) days after correction;
14. To establish minimum standards for the establishment and maintenance of salutary environmental conditions, including standards and methods for the assessment and the consideration of the cumulative effects on the environment of regulatory actions and decisions, which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential cumulative effects that could adversely affect public health and/or impair ecological functioning; (ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private and public wells, unless broader use is approved by the general assembly. The department shall report to the general assembly not later than March 15, 2008, with regard to the development and application of the standards and methods in Jamestown;
15. To establish and enforce minimum standards for permissible types of septage, industrial-waste disposal sites, and waste-oil disposal sites;
16. To establish minimum standards, subject to the approval of the environmental standards board, for permissible types of refuse disposal facilities; the design, construction, operation, and maintenance of disposal facilities; and the location of various types of facilities;
17. To exercise all functions, powers, and duties necessary for the administration of chapter 19.1 of title 23 entitled “Rhode Island Hazardous Waste Management Act”;
18. To designate, in writing, any person in any department of the state government or any official of a district, county, city, town, or other governmental unit, with that official’s consent, to enforce any rule, regulation, or order promulgated and adopted by the director under any provision of law; provided, however, that enforcement of powers of the coastal resources management council shall be assigned only to employees of the department of environmental management, except by mutual agreement or as otherwise provided in chapter 23 of title 46;
19. To issue and enforce the rules, regulations, and orders as may be necessary to carry out the duties assigned to the director and the department by any provision of law; and to conduct investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to enforce those rules, regulations, and orders. Any license suspended under the rules, regulations, and/or orders shall be terminated and revoked if the conditions that led to the suspension are not corrected to the satisfaction of the director within two (2) years; provided that written notice is given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of termination. Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a contested licensing matter shall occur where resolution substantially deviates from the original application unless all interested parties shall be notified of the proposed resolution and provided with opportunity to comment upon the resolution pursuant to applicable law and any rules and regulations established by the director;
20. To enter, examine, or survey, at any reasonable time, places as the director deems necessary to carry out his or her responsibilities under any provision of law subject to the following provisions:
    1. For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a search warrant from an official of a court authorized to issue warrants, unless a search without a warrant is otherwise allowed or provided by law;
    2. 1. All administrative inspections shall be conducted pursuant to administrative guidelines promulgated by the department in accordance with chapter 35 of this title;
       2. A warrant shall not be required for administrative inspections if conducted under the following circumstances, in accordance with the applicable constitutional standards:
          1. For closely regulated industries;
          2. In situations involving open fields or conditions that are in plain view;
          3. In emergency situations;
          4. In situations presenting an imminent threat to the environment or public health, safety, or welfare;
          5. If the owner, operator, or agent in charge of the facility, property, site, or location consents; or
          6. In other situations in which a warrant is not constitutionally required.
       3. Whenever it shall be constitutionally or otherwise required by law, or whenever the director in his or her discretion deems it advisable, an administrative search warrant, or its functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of conducting an administrative inspection. The warrant shall be issued in accordance with the applicable constitutional standards for the issuance of administrative search warrants. The administrative standard of probable cause, not the criminal standard of probable cause, shall apply to applications for administrative search warrants;
          1. The need for, or reliance upon, an administrative warrant shall not be construed as requiring the department to forfeit the element of surprise in its inspection efforts;
          2. An administrative warrant issued pursuant to this subsection must be executed and returned within ten (10) days of its issuance date unless, upon a showing of need for additional time, the court orders otherwise;
          3. An administrative warrant may authorize the review and copying of documents that are relevant to the purpose of the inspection. If documents must be seized for the purpose of copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an inventory of the documents taken. The time, place, and manner regarding the making of the inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the inventory shall be delivered to the person from whose possession or facility the documents were taken. The seized documents shall be copied as soon as feasible under circumstances preserving their authenticity, then returned to the person from whose possession or facility the documents were taken;
          4. An administrative warrant may authorize the taking of samples of air, water, or soil or of materials generated, stored, or treated at the facility, property, site, or location. Upon request, the department shall make split samples available to the person whose facility, property, site, or location is being inspected;
          5. Service of an administrative warrant may be required only to the extent provided for in the terms of the warrant itself, by the issuing court.
       4. Penalties.   Any willful and unjustified refusal of right of entry and inspection to department personnel pursuant to an administrative warrant shall constitute a contempt of court and shall subject the refusing party to sanctions, which in the court’s discretion may result in up to six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal;
21. To give notice of an alleged violation of law to the person responsible therefor whenever the director determines that there are reasonable grounds to believe that there is a violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted pursuant to authority granted to him or her. Nothing in this chapter shall limit the authority of the attorney general to prosecute offenders as required by law;
    1. The notice shall provide for a time within which the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the director within twenty (20) days after service of the notice. The notice will be deemed properly served upon a person if a copy thereof is served him or her personally; or sent by registered or certified mail to his or her last known address; or if he or she is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of this state. If no written request for a hearing is made to the director within twenty (20) days of the service of notice, the notice shall automatically become a compliance order;
    2. 1. Whenever the director determines that there exists a violation of any law, rule, or regulation within his or her jurisdiction that requires immediate action to protect the environment, he or she may, without prior notice of violation or hearing, issue an immediate-compliance order stating the existence of the violation and the action he or she deems necessary. The compliance order shall become effective immediately upon service or within such time as is specified by the director in such order. No request for a hearing on an immediate-compliance order may be made;
       2. Any immediate-compliance order issued under this section without notice and prior hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good cause shown, the order may be extended one additional period not exceeding forty-five (45) days;
    3. The director may, at his or her discretion and for the purposes of timely and effective resolution and return to compliance, cite a person for alleged noncompliance through the issuance of an expedited citation in accordance with § 42-17.6-3(c) ;
    4. If a person upon whom a notice of violation has been served under the provisions of this section or if a person aggrieved by any such notice of violation requests a hearing before the director within twenty (20) days of the service of notice of violation, the director shall set a time and place for the hearing, and shall give the person requesting that hearing at least five (5) days’ written notice thereof. After the hearing, the director may make findings of fact and shall sustain, modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in this section;
    5. The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order;
    6. Whenever a compliance order has become effective, whether automatically where no hearing has been requested, where an immediate compliance order has been issued, or upon decision following a hearing, the director may institute injunction proceedings in the superior court of the state for enforcement of the compliance order and for appropriate temporary relief, and in that proceeding, the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order, except that the director shall bear the burden of proving in the proceeding the correctness of an immediate compliance order. The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law;
    7. Any party aggrieved by a final judgment of the superior court may, within thirty (30) days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari;
22. To impose administrative penalties in accordance with the provisions of chapter 17.6 of this title and to direct that such penalties be paid into the account established by subdivision (26);
23. The following definitions shall apply in the interpretation of the provisions of this chapter:
    1. Director:   The term “director” shall mean the director of environmental management of the state of Rhode Island or his or her duly authorized agent;
    2. Person:   The term “person” shall include any individual, group of individuals, firm, corporation, association, partnership, or private or public entity, including a district, county, city, town, or other governmental unit or agent thereof, and in the case of a corporation, any individual having active and general supervision of the properties of the corporation;
    3. Service:
       1. Service upon a corporation under this section shall be deemed to include service upon both the corporation and upon the person having active and general supervision of the properties of the corporation;
       2. For purposes of calculating the time within which a claim for a hearing is made pursuant to subdivision (21)(i), service shall be deemed to be the date of receipt of such notice or three (3) days from the date of mailing of the notice, whichever shall first occur;
24. 1. To conduct surveys of the present private and public camping and other recreational areas available and to determine the need for and location of other camping and recreational areas as may be deemed necessary and in the public interest of the state of Rhode Island and to report back its findings on an annual basis to the general assembly on or before March 1 of every year;
    2. Additionally, the director of the department of environmental management shall take additional steps, including, but not limited to, matters related to funding as may be necessary to establish such other additional recreational facilities and areas as are deemed to be in the public interest;
25. 1. To apply for and accept grants and bequests of funds, with the approval of the director of administration, from other states, interstate agencies, and independent authorities, and private firms, individuals, and foundations, for the purpose of carrying out his or her lawful responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt account created in the natural resources program for funds made available for that program’s purposes or in a restricted receipt account created in the environmental protection program for funds made available for that program’s purposes. All expenditures from the accounts shall be subject to appropriation by the general assembly, and shall be expended in accordance with the provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the event that the trust account balance shows a surplus after the project as provided for in the grant or bequest has been completed, the director may utilize the appropriated unspecified or appropriated surplus funds for enhanced management of the department’s forest and outdoor public recreation areas, or other projects or programs that promote the accessibility of recreational opportunities for Rhode Island residents and visitors;
    2. The director shall submit to the house fiscal advisor and the senate fiscal advisor, by October 1 of each year, a detailed report on the amount of funds received and the uses made of such funds;
26. To establish fee schedules by regulation, with the approval of the governor, for the processing of applications and the performing of related activities in connection with the department’s responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to inspections performed by the department to determine compliance with chapter 19.1 and rules and regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections performed by the department to determine compliance with chapter 18.9 and the rules and regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and administration of underground storage tanks and all other programs administered under chapter 12 of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46, insofar as they relate to any reviews and related activities performed under the provisions of the Groundwater Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury-added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all enforcement, permitting and licensing matters to the administrative adjudication division for environmental matters. Two (2) fee ranges shall be required: for “Appeal of enforcement actions,” a range of fifty dollars ($50) to one hundred dollars ($100), and for “Appeal of application decisions,” a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies from the administrative adjudication fees will be deposited as general revenues and the amounts appropriated shall be used for the costs associated with operating the administrative adjudication division. There is hereby established an account within the general fund to be called the water and air protection program. The account shall consist of sums appropriated for water and air pollution control and waste-monitoring programs and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof, as may be required, from time to time, upon receipt by him or her of properly authenticated vouchers. All amounts collected under the authority of this subdivision for the sewage-disposal-system program and freshwater wetlands program will be deposited as general revenues and the amounts appropriated shall be used for the purposes of administering and operating the programs. The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of each year a detailed report on the amount of funds obtained from fines and fees and the uses made of the funds;
27. To establish and maintain a list or inventory of areas within the state worthy of special designation as “scenic” to include, but not be limited to, certain state roads or highways, scenic vistas, and scenic areas, and to make the list available to the public;
28. To establish and maintain an inventory of all interests in land held by public and private land trust and to exercise all powers vested herein to ensure the preservation of all identified lands;
    1. The director may promulgate and enforce rules and regulations to provide for the orderly and consistent protection, management, continuity of ownership and purpose, and centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part through other interests, rights, or devices such as conservation easements or restrictions, by private and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each document submitted by a land trust;
    2. The term “public land trust” means any public instrumentality created by a Rhode Island municipality for the purposes stated herein and financed by means of public funds collected and appropriated by the municipality. The term “private land trust” means any group of five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a nonbusiness corporation for the purposes stated herein, or a national organization such as the nature conservancy. The main purpose of either a public or a private land trust shall be the protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features, areas, or open space for the purpose of managing or maintaining, or causing to be managed or maintained by others, the land, water, and other natural amenities in any undeveloped and relatively natural state in perpetuity. A private land trust must be granted exemption from federal income tax under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A private land trust may not be incorporated for the exclusive purpose of acquiring or accepting property or rights in property from a single individual, family, corporation, business, partnership, or other entity. Membership in any private land trust must be open to any individual subscribing to the purposes of the land trust and agreeing to abide by its rules and regulations including payment of reasonable dues;
    3. 1. Private land trusts will, in their articles of association or their bylaws, as appropriate, provide for the transfer to an organization, created for the same or similar purposes, of the assets, lands and land rights, and interests held by the land trust in the event of termination or dissolution of the land trust;
       2. All land trusts, public and private, will record in the public records, of the appropriate towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests and rights acquired in land and will also file copies of all such documents and current copies of their articles of association, their bylaws, and their annual reports with the secretary of state and with the director of the Rhode Island department of environmental management. The director is hereby directed to establish and maintain permanently a system for keeping records of all private and public land trust land holdings in Rhode Island;
29. The director will contact in writing, not less often than once every two (2) years, each public or private land trust to ascertain: that all lands held by the land trust are recorded with the director; the current status and condition of each land holding; that any funds or other assets of the land trust held as endowment for specific lands have been properly audited at least once within the two-year (2) period; the name of the successor organization named in the public or private land trust’s bylaws or articles of association; and any other information the director deems essential to the proper and continuous protection and management of land and interests or rights in land held by the land trust. In the event that the director determines that a public or private land trust holding land or interest in land appears to have become inactive, he or she shall initiate proceedings to effect the termination of the land trust and the transfer of its lands, assets, land rights, and land interests to the successor organization named in the defaulting trust’s bylaws or articles of association or to another organization created for the same or similar purposes. Should such a transfer not be possible, then the land trust, assets, and interest and rights in land will be held in trust by the state of Rhode Island and managed by the director for the purposes stated at the time of original acquisition by the trust. Any trust assets or interests other than land or rights in land accruing to the state under such circumstances will be held and managed as a separate fund for the benefit of the designated trust lands;
30. Consistent with federal standards, issue and enforce such rules, regulations, and orders as may be necessary to establish requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and non-sudden accidental releases arising from operating underground storage tanks;
31. To enforce, by such means as provided by law, the standards for the quality of air, and water, and the location, design, construction, and operation of all underground storage facilities used for storing petroleum products or hazardous materials; any order or notice issued by the director relating to the location, design, construction, operation, or maintenance of an underground storage facility used for storing petroleum products or hazardous materials shall be eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or town wherein the subject facility is located, and the order or notice shall be recorded in the general index by the appropriate municipal officer in the land-evidence records in the city or town wherein the subject facility is located. Any subsequent transferee of that facility shall be responsible for complying with the requirements of the order or notice. Upon satisfactory completion of the requirements of the order or notice, the director shall provide written notice of the same, which notice shall be eligible for recordation. The original, written notice shall be forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory completion shall be recorded in the general index by the appropriate municipal official in the land-evidence records in the city or town wherein the subject facility is located. A copy of the written notice shall be forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction;
32. To manage and disburse any and all funds collected pursuant to § 46-12.9-4 , in accordance with § 46-12.9-5 , and other provisions of the Rhode Island Underground Storage Tank Financial Responsibility Act, as amended;
33. To support, facilitate, and assist the Rhode Island Natural History Survey, as appropriate and/or as necessary, in order to accomplish the important public purposes of the survey in gathering and maintaining data on Rhode Island natural history; making public presentations and reports on natural history topics; ranking species and natural communities; monitoring rare species and communities; consulting on open-space acquisitions and management plans; reviewing proposed federal and state actions and regulations with regard to their potential impact on natural communities; and seeking outside funding for wildlife management, land management, and research;
34. To promote the effective stewardship of lakes, ponds, rivers, and streams including, but not limited to, collaboration with watershed organizations and associations of lakefront property owners on planning and management actions that will prevent and mitigate water quality degradation, reduce the loss of native habitat due to infestation of non-native species, abate nuisance conditions that result from excessive growth of algal or non-native plant species as well as promote healthy freshwater riverine ecosystems;
35. In implementing the programs established pursuant to this chapter, to identify critical areas for improving service to customers doing business with the department, and to develop and implement strategies to improve performance and effectiveness in those areas. Key aspects of a customer-service program shall include, but not necessarily be limited to, the following components:
    1. Maintenance of an organizational unit within the department with the express purpose of providing technical assistance to customers and helping customers comply with environmental regulations and requirements;
    2. Maintenance of an employee-training program to promote customer service across the department;
    3. Implementation of a continuous business process evaluation and improvement effort, including process reviews to encourage development of quality proposals; ensure timely and predictable reviews; and result in effective decisions and consistent follow up and implementation throughout the department; and publish an annual report on such efforts;
    4. Creation of a centralized location for the acceptance of permit applications and other submissions to the department;
    5. Maintenance of a process to promote, organize, and facilitate meetings prior to the submission of applications or other proposals in order to inform the applicant on options and opportunities to minimize environmental impact; improve the potential for sustainable environmental compliance; and support an effective and efficient review and decision-making process on permit applications related to the proposed project;
    6. Development of single permits under multiple authorities otherwise provided in state law to support comprehensive and coordinated reviews of proposed projects. The director may address and resolve conflicting or redundant process requirements in order to achieve an effective and efficient review process that meets environmental objectives; and
    7. Exploration of the use of performance-based regulations coupled with adequate inspection and oversight, as an alternative to requiring applications or submissions for approval prior to initiation of projects. The department shall work with the office of regulatory reform to evaluate the potential for adopting alternative compliance approaches and provide a report to the governor and the general assembly by May 1, 2015;
36. To formulate and promulgate regulations requiring any dock or pier longer than twenty feet (20´) and located on a freshwater lake or pond to be equipped with reflective materials, on all sides facing the water, of an appropriate width and luminosity such that it can be seen by operators of watercraft; and
37. To temporarily waive any control or prohibition respecting the use of a fuel or fuel additive required or regulated by the department if the director finds that:
    1. Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the New England region that prevent the distribution of an adequate supply of the fuel or fuel additive to consumers;
    2. Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen; and
    3. It is in the public interest to grant the waiver.

       Any temporary waiver shall be made in writing and shall be effective for twenty (20) calendar days; provided, that the director may renew the temporary waiver, in writing, if it is deemed necessary.