R.I. Gen. Laws § 37-26-1 — RI Code / Title 37 / Chapter 37-26 / Section 37-26-1
§ 37-26-1. Definitions.
Status: in_force

As used in this chapter:

(1) Auxiliary means an entity that exists to furnish goods or services to students, faculty, or staff and that charges a fee directly related to the costs of goods or services and are considered restricted funds. Auxiliary enterprises are managed as essentially self-supporting activities.

(2) Building service employee or employee means any person performing building services for a contractor under a contract with a state purchasing entity that is in excess of one thousand dollars ($1,000) and the principal purpose of such contract is to furnish services through the use of building service employees.

(3) Building services means any janitorial or security guard services.

(4) Contractor means any contractor who or that employs employees to perform building services under a contract with a state purchasing entity and shall include any of the contractors subcontractors.

(5) Governmental agency means a state or public agency, a county, municipality, or school district.

(6) Janitorial services means performance of any duties such as, but not limited to: cleaning and restocking bathrooms; floor cleaning, servicing, and maintenance for attached carpeting, hard surfaces, and walk-off mats at all facility entrances (e.g., vacuuming, washing, sweeping, stripping, waxing, buffing); cleaning of furniture, fixtures, and interior building surfaces (e.g., dusting, washing, and periodic steam cleaning); all related activities under the other Facilities Management and Maintenance Standards (FMMS), such as Solid Waste Management and Integrated Pest Services; use of green cleaning procedures and practices in compliance with all applicable standards.

(7) Predecessor contract means the contract preceding that to which is being bid upon or which was recently awarded and to which the current succeeding contract and contractor provide substantially the same building services to the same state purchasing entity or entities.

(8) Public agency means any body corporate and politic that has been or will be created or established within this state, excepting cities and towns, and the university of Rhode Island board of trustees, for all purchases that are funded by restricted, sponsored, or auxiliary monies, and the council on postsecondary education for all purchases that are funded by restricted, sponsored, or auxiliary monies.

(9) Restricted funds and sponsored funds means those funds expendable for operating purposes but restricted by donors or other outside agencies as to the specific purpose for which they may be expended (e.g., endowment funds, gifts, scholarships, governmental grants, private grants, auxiliary enterprises, restricted operational purposes with use-restrictions designated by the appropriating body).

(10) Security guard services means performance of any duties such as, but not limited to: securing premises and personnel by patrolling property; inspecting buildings, equipment, and access points; monitoring of surveillance equipment; investigating disturbances and notifying tenant agency staff and/or police or fire departments in cases of emergency; monitoring and authorizing entrance and departure of employees, visitors, and other persons to guard against theft and maintain security of premises; incident reporting or maintaining a log of activities and irregularities, such as equipment or property damage, theft, presence of unauthorized persons, or unusual occurrences; vehicle patrols; inspection; responding to incidents requiring de-escalation and/or physical intervention.

(11) Standard benefits means the greatest of:

(i) The benefit rate determined by the United States Department of Labor pursuant to the Service Contract Act of 1965 (41 U.S.C. § 351 et seq.); or

(ii) The benefit rate established by the largest collective bargaining agreement (CBA) covering at least one hundred (100) building service employees performing either janitorial or security guard services, as applicable, other than those employed by a governmental agency or on a governmental agency contract or subcontract in Providence County; or

(iii) The benefit rate in the predecessor contract. Standard benefits shall be an hourly supplement furnished by a contractor to an employee in one of the following ways:

(A) In the form of health and/or benefits (not including paid leave) that cost the employer the entire required hourly supplement amount;

(B) By providing a portion of the required hourly supplement in the form of health and/or other benefits (not including paid leave) and the balance in cash; or

(C) By providing the entire supplement in cash.

(12) Standard compensation means each of the following:

(i) Standard wage;

(ii) Standard benefits; and

(iii) Standard paid leave.

(13) Standard paid leave means the greatest of:

(i) Vacation and holiday paid days off determined by the United States Department of Labor pursuant to the Service Contract Act of 1965 (41 U.S.C. § 351 et seq.) for all types; or

(ii) Vacation and holiday paid days off established by the largest collective bargaining agreement covering at least one hundred (100) building service employees performing either janitorial or security guard services, as applicable, other than those employed by a governmental agency or on a governmental agency contract or subcontract in Providence County; or

(iii) The vacation and holiday paid days off in the predecessor contract for the corresponding type.

(14) Standard wage means the greatest of:

(i) The wage rate determined by the United States Department of Labor pursuant to the Service Contract Act of 1965 (41 U.S.C. § 351 et seq.) for Providence County for the relevant type; or

(ii) The wage rate established by the largest collective bargaining agreement covering at least one hundred (100) building service employees performing either janitorial or security guard services, as applicable, other than those employed by a governmental agency or on a governmental agency contract or subcontract in Providence County; or

(iii) The wage rate in the predecessor contract for the corresponding type.

(15) State agency means any department, commission, council, board, bureau, committee, institution, or other governmental entity of the executive or judicial branch of this state not otherwise established as a body corporate and politic, and includes, without limitation, the council on postsecondary education except for purchases that are funded by restricted, sponsored, or auxiliary monies, the university of Rhode Island board of trustees, except for all purchases that are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and secondary education.

(16) State purchasing entity means state and public agencies.
R.I. Gen. Laws § 37-2-38 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-38
§ 37-2-38. Issuance of specifications.
Status: in_force

(a) The chief purchasing officer shall have responsibility for issuing and maintaining all standard specifications for supplies, services, and construction required by the state. Among its duties, it shall, to the greatest extent practicable:

(1) Prepare and issue standard specifications for supplies, services, and construction commonly required by the state;

(2) Revise all standard specifications to conform to all technical and scientific advances pertaining to the supplies, services, and construction described in those specifications, and to reflect changes in the states requirements and user agencies; and

(3) Establish guidelines for drafting specifications.

(b) All specifications shall be drafted so as to maximize, to the extent practicable, competition in fulfillment of the states requirements.
R.I. Gen. Laws § 37-13-12.2 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-12.2
§ 37-13-12.2. Subpoena powers.
Status: in_force

The director and his or her authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, subpoenas duces tecum, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before the director.
R.I. Gen. Laws § 37-12-10 — RI Code / Title 37 / Chapter 37-12 / Section 37-12-10
§ 37-12-10. Retainers relating to contracts for public works, sewer, or water main construction.
Status: in_force

(a) Upon substantial completion of the work required by a contract aggregating in amount less than five hundred thousand dollars ($500,000) for the construction, reconstruction, alteration, remodeling, repair, or improvement of sewers and water mains, or any public works project defined in § 37-13-1, the awarding authority may deduct from its payment a retention to secure satisfactory performance of the contractual work not exceeding five percent (5%) of the contract price.

(b) There shall also be deducted and retained from the contract price an additional sum sufficient to pay the estimated cost of municipal police traffic control on any public works project. Municipalities shall directly pay the officers working traffic details and shall bill and be reimbursed by the withholding authority for which the contract is being performed every thirty (30) days until the project is complete.

(c) Notwithstanding the foregoing, with respect to projects located within the town of Warren, the withholding authority shall hold an amount from the contract price that shall be reasonably sufficient to pay the estimated cost of municipal police traffic control. The withholding authority shall pay to the town of Warren within seventy-two (72) hours of written demand the actual costs of police traffic control associated with said project on an ongoing basis.

(d) The director of the department of administration shall establish, by rule and regulation adopted in accordance with chapter 35 of title 42 (administrative procedures), methods for the interim release of retainage of state of Rhode Island office of minority business enterprises (MBEs).
R.I. Gen. Laws § 37-10-7 — RI Code / Title 37 / Chapter 37-10 / Section 37-10-7
§ 37-10-7. Use of building  Appropriation.
Status: in_force

(a) The director of the Rhode Island economic development corporation, with the advice of the director of the department of environmental management, may rent the building or parts of the building for exhibition and other rental purposes to those persons who will promote the general development of the state by advertising the agricultural, industrial, recreational, and educational possibilities of the state. All rents or rates shall be paid to and receipted for by the general treasurer for use by the state. The operation and maintenance of the exhibitions and other rental purposes shall be under the supervision of the director of the Rhode Island economic development corporation.

(b) The general assembly shall annually appropriate such sums as it may deem necessary for the operation and maintenance of the building, for the operation and maintenance of the exhibitions, and for other purposes of this chapter.
R.I. Gen. Laws § 37-16-16 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-16
§ 37-16-16. Form of award.
Status: in_force

To entitle the award to be enforced, as prescribed in this chapter, it must be in writing and within the time limited in the contract, if any, subscribed by the arbitrator or arbitrators making it and either filed in the office of the clerk of the court having jurisdiction as provided in § 37-16-14 or delivered to one of the parties or his or her attorney.
R.I. Gen. Laws § 37-15-7.1 — RI Code / Title 37 / Chapter 37-15 / Section 37-15-7.1
§ 37-15-7.1. Penalties  Used tires.
Status: in_force

(a) No person shall deposit, discard, or otherwise dispose of used tires in violation of § 37-15-6. Any person convicted of a first violation of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), be ordered to pick up tires so disposed in the community for not less than eight (8) nor more than thirty-two (32) hours, be imprisoned for a period not to exceed ten (10) days or by any combination of fine, community pick-up, and/or imprisonment.

(b) Any person convicted of a second violation of this section shall be subject to a fine not less than three hundred dollars ($300) nor more than five hundred dollars ($500), be ordered to pick up tires so disposed in the community for not less than sixteen (16), nor more than forty (40) hours, and/or be imprisoned for a period of not to exceed thirty (30) days, or by any combination of fine, community pick-up, and/or imprisonment.

(c) Any person convicted of a third or subsequent violation of this section shall be subject to a fine not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), be ordered to pick up tires so disposed in the community for not less than twenty-four (24), nor more than eighty (80) hours, and/or be imprisoned for a period not to exceed sixty (60) days, or by any combination of fine, community pick-up, and/or imprisonment.

(d) Jurisdiction to punish violators of the provisions of this chapter is conferred on the traffic tribunal.

(e) Any person convicted of a violation of this chapter shall, in addition to all other penalties, be liable for the removal or cost of removal of all litter illegally disposed of by that person. The traffic tribunal court may hold the registration of any vehicle owned by the violator and used in the act of littering until the aforementioned liability is satisfied.
R.I. Gen. Laws § 37-7-6 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-6
§ 37-7-6. Transfer of land between departments and agencies.
Status: in_force

The governor, upon the request in writing of any interested general officer or the head of any department, board, bureau, commission, or agency of the state government, may execute a certificate transferring custody, control, and supervision over any land, and all buildings and improvements thereon and other real property, title to which is vested in the state of Rhode Island, or the title to which will be vested in the state upon completion of any condemnation or other proceeding then pending, from the department, board, bureau, commission, or agency exercising custody, control, or supervision to another department, board, bureau, commission, or agency of the state government. Such transfer may also be made to the Rhode Island housing and mortgage finance corporation (as established in chapter 55 of title 42) or any of its subsidiaries for the purposes of developing or redeveloping the property as affordable or mixed-income housing. The corporation shall offer reasonable compensation, as informed by an appraisal or other independent valuation, for the transfer of state-owned group homes as defined in § 40.1-24-1(6).
R.I. Gen. Laws § 37-7-7 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-7
§ 37-7-7. Filing, publication, and recording of transfers between departments and agencies  Costs.
Status: in_force

The governor shall file the certificate referred to in § 37-7-6 with the secretary of state who shall place the certificate on file and who shall cause a true copy of the certificate to be published at least once in a newspaper published in the county in which the land or property is situated, and shall file a certified copy of the certificate for record in the office of the recorder of deeds or town clerk in the city or town where the land or property is situated. The date and hour of the filing of the certified copy shall be noted thereon, and the filing shall be deemed to constitute a transfer of the custody, control, and supervision over the land described therein in accordance with the provisions of the certificate as of the day and hour noted upon the certified copy. No fee shall be charged or collected for the filing or recording. The cost of the publication shall be borne by the department, board, bureau, commission, or agency to which custody, control, or supervision has been transferred.
R.I. Gen. Laws § 37-13-13 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-13
§ 37-13-13. Furnishing payroll record to the awarding authority.
Status: in_force

(a) Every contractor, subcontractor, vendor, or provider awarded a contract for public works or school transportation services as defined by this chapter shall furnish a certified copy of his, her, or its payroll records of his, her, or its employees employed on the project to the awarding authority on a monthly basis for all work completed in the preceding month on a uniform form prescribed by the director of labor and training. Notwithstanding the foregoing, certified payrolls for department of transportation or other road, highway, or bridge public works may be submitted on the federal payroll form, provided that, when a complaint is being investigated, the director or his or her designee may require that a contractor resubmit the certified payroll on the uniform department form or provide actual payroll records.

(b) Awarding authorities, contractors, subcontractors, vendors, and providers shall provide any and all payroll records to the director of labor and training within ten (10) days of their request by the director or his or her designee.

(c) In addition, every contractor and subcontractor shall maintain on the site where public works are being constructed and the general or primary contract is one million dollars ($1,000,000) or more, a daily log of employees employed each day on the public works project. The log shall include, at a minimum, for each employee his or her name, primary job title, and employer and shall be kept on a uniform form prescribed by the director of labor and training. The log shall be available for inspection on the site at all times by the awarding authority and/or the director of the department of labor and training and the directors designee. This subsection shall not apply to road, highway, or bridge public works projects.

(d) The director of labor and training may promulgate reasonable rules and regulations to enforce the provisions of this section.

(e) The awarding authority of any public works project shall withhold the next scheduled payment to any contractor, subcontractor, vendor, or provider who or that fails to comply with the provisions of subsection (a) or subsection (b) above and shall also notify the director of labor and training. The awarding authority shall withhold any further payments until such time as the contractor, subcontractor, or provider has fully complied. If it is a subcontractor who or that has failed to comply, the amount withheld shall be proportionate to the amount attributed or due to the offending subcontractor as determined by the awarding authority. The department may also impose a penalty of up to five hundred dollars ($500) for each calendar day of noncompliance with this section, as determined by the director of labor and training. Mere errors and/or omissions in the daily logs maintained under subsection (c) shall not be grounds for imposing a penalty under this subsection.
R.I. Gen. Laws § 37-12-9 — RI Code / Title 37 / Chapter 37-12 / Section 37-12-9
§ 37-12-9. Payment into court by surety  Discharge.
Status: in_force

The surety on the bond may pay into the registry of the court, for distribution among those who may be or become entitled thereto under the decree of the court, the penal sum named in the bond less any amount which the surety may have paid to the state in satisfaction of the liability of the surety to the state under the bond, and then shall be entitled to be discharged from all further liability under the bond.
R.I. Gen. Laws § 37-6-24 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-24
§ 37-6-24. Conveyance of land in exchange for property taken  Construction on or improvement of land remaining to private owner.
Status: in_force

Whenever in the opinion of the acquiring authority a substantial saving in the cost of acquiring title can be effected by conveying other land or other real property, title to which is in the state, to the person or persons from whom the estate or interest in land or other real property is being purchased or taken, or by the construction or improvement by the acquiring authority of any work or facility upon the remaining land or other real property of the person or persons from whom the estate or interest in land or other real property is being purchased or taken, the acquiring authority shall be and hereby is authorized and directed, with the approval of the state properties committee, to convey by instrument, approved as to substance by the director of administration and as to form by the attorney general, such other land or other real property of the state to the person or persons from whom the estate or interest in land or other real property is being purchased or taken, and to construct or improve any work or facility upon the remaining land of the person or persons.
R.I. Gen. Laws § 37-2-24 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-24
§ 37-2-24. Responsibilities of bidders and offerors.
Status: in_force

(a) A written determination of responsibility of a bidder or offeror shall be made and it shall be made in accordance with regulations issued by the chief purchasing officer.

(b) A reasonable inquiry to determine the financial strength and responsibility of a business which is a bidder or offeror shall be conducted. The failure of a bidder or offeror to promptly supply information in connection with the inquiry, including, but not limited to, financial statements and business references, shall be grounds for a determination of nonresponsibility with respect to that bidder or offeror.

(c) Said financial analysis may include the review of the business by a nationally recognized commercial credit reporting bureau. A consistent policy for ordering credit bureau reports shall be developed and approved by the chief purchasing officer.

(d) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section may not be disclosed outside of the division of state purchasing or the purchasing agency administering the contract without prior written consent of the bidder or offeror.
R.I. Gen. Laws § 37-18-8 — RI Code / Title 37 / Chapter 37-18 / Section 37-18-8
§ 37-18-8. Hunting, fishing, and trapping.
Status: in_force

The corporation shall have the right to make rules and regulations regarding fish and game conservation on real estate held by the corporation; provided, however, that the corporation shall not issue those rules and regulations until it has consulted with the director of environmental management, and further provided that the corporation shall impose minimum standards for safety of persons and protection of wildlife and fish stock.
R.I. Gen. Laws § 37-23-4 — RI Code / Title 37 / Chapter 37-23 / Section 37-23-4
§ 37-23-4. Exemptions.
Status: in_force

The following individuals are exempt from the requirements of the OSHA ten (10) hour construction safety program:

(1) Law enforcement officers dealing with traffic control and/or jobsite security;

(2) All relevant federal, state and municipal government inspectors.
R.I. Gen. Laws § 37-2-81 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-81
§ 37-2-81. Authority to conduct state and national background checks for vendors with access to federal tax information.
Status: in_force

(a) Definitions. As used in this section, the following terms shall be defined as follows:

(1) Access, shall mean the direct and indirect use, contact, handling or viewing of federal tax information, as defined herein, in paper or electronic form, regardless of the frequency, likelihood or extent of such access or whether the access is intentional or inadvertent.

(2) Agency or state agency, shall mean a Rhode Island state department within the executive branch.

(3) Agency head shall mean the director or designee of a state department for which the vendor is providing services.

(4) Division shall mean the division of purchases.

(5) Federal tax information or FTI shall mean:

(i) Federal tax returns or information created or derived from federal tax returns that is in an agencys possession or control, which is covered by the confidentiality protections of the Internal Revenue Code and subject to 26 U.S.C. § 6103(p)(4) safeguarding requirements, including oversight by the Internal Revenue Service (IRS); and is received directly from the IRS or obtained through an authorized secondary source, such as the Social Security Administration (SSA), Federal Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS), Centers for Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS pursuant to an Internal Revenue Code (IRC) 6103(p)(2)(B) agreement; and

(ii) Shall not include federal tax returns or information created or derived from federal tax returns received directly from taxpayers or other third-parties.

(6) Vendor shall mean any individual, firm, corporation, partnership or other corporate entity, including employees, subcontractors, who are performing services for the state and has access, as defined herein, to FTI.

(b) The agency head shall require a vendor to complete a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, to determine the suitability of a vendors employees and subcontractors if the services to the state require or include, or may require or include, access to FTI. This requirement for a vendor shall be incorporated by reference into the vendors agreement with the state. No new vendor employee or subcontractor who has or may have access to FTI shall perform services for the State until the person is deemed suitable by the agency head. Existing vendor employees and subcontractors, as of September 1, 2019, shall complete the background check requirement within a reasonable time as approved by the agency head.

(c) The national fingerprint-based criminal background check shall be facilitated through the Rhode Island office of the attorney general or other law enforcement authorized agency, using the same criteria established under § 36-3-16 for applicants and current state employees. The information shall be forwarded to the Federal Bureau of Investigation (FBI) for a national criminal history check, according to the policies, procedures, and/or regulations established by the office of the attorney general or other law enforcement authorized agency. The office of the attorney general or other law enforcement authorized agency may disseminate the results of the national criminal background checks to the Department of Administration and/or the agency head where the services are being provided.

(d) Reciprocity. Nothing herein shall prevent the agency head, at his or her discretion, from accepting a recent national fingerprint-based criminal background check for a vendor related to FTI access conducted in another suitable jurisdiction.

(e) The agency head may receive criminal offender record information to the extent required by federal law and the results of checks of national criminal history information databases under Public Law 92-544. Upon receipt of the results of state and national criminal background checks, the agency head shall treat the information as non-public and exempt from disclosure in accordance with the Rhode Island access to public records act, § 38-2-2(4)(B). Information acquired by any agency in the background check process pursuant to this section shall be used solely for the purpose of making a determination as to the suitability of a vendor in a position which requires or includes, or may require or include, access to FTI.

(f) The state shall not be responsible for any fees charged through the office attorney general, other law enforcement authorized agency or other jurisdiction to conduct the state and national background check for vendor.

(g) A vendor who refuses to comply with the fingerprint-based background check requirement shall be considered unsuitable for services requiring or involving, or which may require or involve, access to FTI. Refusal to comply by the vendor may result in termination of the contract with the State and/or other procurement sanctions if appropriate. Nothing herein shall prevent the vendor from replacing an employee or subcontractor who refuses to comply with this requirement, subject to written approval by the agency head.

(h) Upon receipt of the results of a state and national criminal background check for the vendor the agency head shall review the results and determine the suitability of the person with regard to service in a position requiring or involving, or which may require or involve, access to FTI. In making a determination of suitability, the agency head may consider mitigating factors relevant to the vendors scope of work and the nature of any disqualifying offense. Unsuitability of a vendor may result in termination of the contract with the state and/or a requirement that the vendor replace the employee or subcontractor, with a suitable person, subject to written approval by the agency head.

(i) If the office of the attorney general or other law enforcement authorized agency receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the subject person shall be responsible for resolving any issues in other jurisdictions causing an incomplete background check. The vendor shall immediately notify the state in writing the name and circumstances of any employees or subcontractors who have received an incomplete background check. Failure to establish suitability of a vendor employee, subcontractor or other agent may result in termination of the contract with the state and/or a requirement that the vendor replace the employee, subcontractor or other agent with a suitable person, subject to written approval by the agency head.

(j) Nothing in this section shall limit or preclude an agencys right to carry on a background investigation of a vendor using other authorized means.

(k) The department of administration is hereby authorized to promulgate and adopt regulations necessary to carry out this section.

(l) The judicial branch is hereby authorized to comply with the provisions herein related to vendors working on behalf of the judiciary receiving access to FTI.
R.I. Gen. Laws § 37-2-27.4 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-27.4
§ 37-2-27.4. Procurement of construction manager at-risk services  Bidding of subcontracts.
Status: in_force

(a) In order to promote transparency and the fair and equitable treatment of all persons who deal with the procurement system, when using the construction manager at-risk method of construction management on a project, subcontractors, equipment, and material purchases shall be procured pursuant to the following:

(1) All potential vendors shall be prequalified as responsible bidders or offerors as defined in §37-2-15(6);

(2) The construction management at-risk firm shall be provided with access to the Rhode Island Vendor Information Program (RIVIP) and/or the relevant portion of the program or information thereon in such direct or indirect manner as the director of the department of administration may determine for the purpose of issuing solicitations to pre-qualified vendors for subcontracts, equipment, and materials necessary for the project. The construction manager at-risk shall use the RIVIP for solicitation of bids for all subcontractors, equipment, and material necessary for the project;

(3) All bids shall be opened in public at the time and place designated in the solicitation for bids and each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection;

(4) The construction manager at-risk shall evaluate the bid proposals and conduct further negotiations with vendors where appropriate;

(5) Prior to the awarding of a project-related contract by the construction manager at-risk, the using agency shall provide its written approval;

(6) The construction manager at-risk shall award all project-related contracts with reasonable promptness after approval by the using agency.

(b) When using the construction manager at-risk method of construction management, all subcontract work, equipment, and material purchases shall be memorialized by the construction management at-risk firm and the using agency through detailed documentation of the decisions made and the reasons for those decisions.

(c) All bid documents, bid abstracts, and documents referring to the bid process shall be public in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act. The burden to identify trade secrets, commercial or financial information, or other records not subject to public disclosure pursuant to chapter 2 of title 38 shall rest with the bidder or offeror.

Any person or entity denied the right to inspect records may appeal the denial in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act.

(d) No provision of this section is intended to require a party to breach a contract disclosed to the using agency and executed prior to the award of the construction management at-risk contract.
R.I. Gen. Laws § 37-24-1 — RI Code / Title 37 / Chapter 37-24 / Section 37-24-1
§ 37-24-1. Short title.
Status: in_force

This act shall be known and may be cited as The Green Buildings Act.
R.I. Gen. Laws § 37-16-6 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-6
§ 37-16-6. Trial upon evidence of substantial issue.
Status: in_force

If evidentiary facts are set forth raising a substantial issue as to the making of the contract or the failure to comply therewith, the court, or the judge thereof, shall proceed immediately to the trial of the issues. Whenever an immediate trial is ordered, the order therefor shall provide that, if the court finds that a written contract providing for arbitration was made, and that there was a failure to comply therewith, the parties shall proceed with the arbitration in accordance with the terms of the contract and the order shall provide that if the court finds that there was no contract or failure to comply with the contract, then the proceeding shall be dismissed.
R.I. Gen. Laws § 37-13-3.2 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-3.2
§ 37-13-3.2. Entities subject to provisions  Weekly payment of employees.
Status: in_force

All persons, firms, corporations, or other entities who or that have been awarded school transportation service contracts by an awarding agency or authority of the state or of any city, town, committee, or by any person or persons therein, in which state or municipal funds are used and of which the contract price shall be in excess of one thousand dollars ($1,000), whether payable at the time of the signing of the contract or at a later date, and their subcontractors, engaged as part of the service contract, shall pay their employees at weekly intervals and shall comply with the provisions set forth in §§ 37-13-6 through 37-13-13.1, 37-13-14.1, and 37-13-16.
R.I. Gen. Laws § 37-2-29 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-29
§ 37-2-29. Cost plus a percentage of cost.
Status: in_force

The cost plus a percentage of cost type of contract shall not be used.
R.I. Gen. Laws § 37-6-6 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-6
§ 37-6-6. Notice to Rhode Island economic development corporation of proposed acquisition or disposal.
Status: in_force

Before acquiring and before disposing of any land or other real property or any interest, estate, or right therein, by conveyance, grant, lease, or license, except by license terminable by will, the acquiring authority shall give written notice of its contemplated or proposed action to the Rhode Island economic development corporation and afford the corporation a reasonable opportunity to study and make its recommendations thereon.
R.I. Gen. Laws § 37-2-42 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-42
§ 37-2-42. Price adjustments.
Status: in_force

(a) For all construction contracts expected to exceed fifty thousand dollars ($50,000) in price, the chief purchasing officer shall specify clauses providing for adjustments to contract terms and conditions where there has been:

(1) A unilaterally ordered change by the state;

(2) A site condition differing from that indicated in the contract except for turnkey contracts or negotiated contracts when appropriate written findings of fact have been made;

(3) Variation in the estimated quantities in a contract providing for estimated quantities; or

(4) A unilateral suspension of work by the state.

(b) In addition, there shall also be specified for inclusion in all construction contracts expected to exceed fifty thousand dollars ($50,000) in price, a clause providing that a contract may be terminated for default, or upon written determination which sets forth the excuses for nonperformance. Further, the contract shall provide for liquidated damages when appropriate and as specified in the contract schedule with excuses for nonperformance specifically provided for therein.

(c) The above specified clauses and conditions required for inclusion in all construction contracts expected to exceed fifty thousand dollars ($50,000) in price shall be available for optional use in other construction contracts.

(d) In addition, there shall also be included in all contracts which are expected to exceed fifty thousand dollars ($50,000), a clause providing for the termination of the contract because of unreasonable delay in the performance thereof, and further providing for liquidated damages and for reimbursement for any monies expended by the state for the completion of the work specified by the terms of the contract.
R.I. Gen. Laws § 37-6-19 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-19
§ 37-6-19. Late filing of petition for assessment of damages.
Status: in_force

In case any owner of or any person having an estate or interest in land or other real property shall fail to file his or her petition as provided in § 37-6-18, the superior court in the county of Providence or the superior court for one of the counties in which the land or other real property may be situated, in its discretion, may permit the filing of the petition subsequent to the one year period from the filing of the description and statement; provided, the person shall have had no actual knowledge of the taking of the land in time to file the petition; and provided, that the state shall not have paid any other person or persons claiming to own the land the value thereof or be liable to pay for the land under any judgment rendered under the provisions of this chapter.
R.I. Gen. Laws § 37-20-1 — RI Code / Title 37 / Chapter 37-20 / Section 37-20-1
§ 37-20-1. Big River Reservoir  Development prohibited.
Status: in_force

(a) All land acquired by the state or any subdivision thereof for the development of the Big River Reservoir so-called, including any land acquired by the Big River  Wood River Reservoir Site Acquisition Act, P.L. 1964, ch. 133, shall not be sold nor shall the land be developed in any way. The state shall not allow any future development or continued development on that property, and the property shall be designated open space as defined in §45-36-1(1)  (7).

Provided, however, that the foregoing shall not be construed to prohibit the use of the said property as a water reservoir, or for the development of wells and well sites together with any infrastructure necessary for the treatment, transmission, storage and distribution of drinking water if the water resources board determines that exploration or development of groundwater is appropriate, then it shall not require legislative action to remove the property from the open space for the purposes of groundwater development as defined in §45-36-1(1)  (8).

(b) Non-motorized bicycles are permitted upon and along land designated as the Big River Management Area. The water resources board, in consultation with the department of environmental management shall within thirty (30) days of the passage of this act adopt rules and regulations that include but are not limited to the appropriate designated areas and defined hours for said uses in the management area.
R.I. Gen. Laws § 37-2-68 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-68
§ 37-2-68. Final selection  Public agency  Directors.
Status: in_force

(a) The chief purchasing officer shall select no more than (3) firms (or two (2) if only two (2) apply) evaluated as being professionally and technically qualified. The firms selected, if still interested in providing the services, shall make a representative available to the directors of the public agency at such time and place as they shall determine, to provide such further information as they may require.

(b) The directors of the public agency shall negotiate with the highest qualified firm for a contract for architectural, engineering, or consultant services for the public agency at compensation which the directors determine to be fair and reasonable to the public agency. In making the determination, the directors shall take into account the professional competence of the offerors, the technical merits of the offerors, and the price for which the services are to be rendered. The directors of the public agency shall be responsible for the final selection of the providers of architectural, engineering, or consultant services.
R.I. Gen. Laws § 37-8-1 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-1
§ 37-8-1. State house  State office building.
Status: in_force

The department of administration shall have control and supervision of the state house and the state office building.
R.I. Gen. Laws § 37-8-2 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-2
§ 37-8-2. Rented premises  Military buildings  Institutional buildings.
Status: in_force

The department and the director of administration shall also have supervision of the various military buildings in the custody of the adjutant general; provided, however, that the supervision shall relate only to the construction, repair, maintenance, and janitorial service of the properties. The department shall also have the supervision of the various buildings at the Dr. U. E. Zambarano memorial hospital, the Rhode Island school for the deaf, the several barracks under the control of the state police, buildings under the supervision of the chief engineer of the public works division of the department of transportation, and buildings and structures under the department of environmental management; provided, however, that the supervision shall relate only to the construction and repair of the properties, and shall not relate to the repair of buildings at the Dr. U. E. Zambarano memorial hospital.
R.I. Gen. Laws § 37-6-1 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-1
§ 37-6-1. State properties committee  Composition.
Status: in_force

There is hereby created and established a committee to be known as the state properties committee to act in cooperation with the departments, boards, bureaus, commissions, and agencies of the state for the purpose of acquiring, administering, and disposing of interests in land and other real property for the improvement of the administration of the state government, the advancement of commerce, and the protection and improvement of the health, welfare, and safety of the inhabitants of this state. The committee shall be composed of a member appointed by the director of the department of administration to serve as chairperson; the attorney general, serving ex-officio; the general treasurer, serving as a nonvoting ex-officio member; the director of the department of administration, serving ex-officio; and two (2) members representing the public, appointed by the governor with the advice and consent of the senate. The ex-officio members, including the chairperson, may from time to time designate a subordinate, from within his or her department or division, as a substitute member of the committee, in his or her stead, by filing a written notice thereof, in the office of the secretary of state. Any designation may be revoked at any time by filing a written revocation in the secretary of states office. The public member shall be appointed by the governor to serve for a term of three (3) years and until his or her successor is appointed and qualified, the appointment to be made for a term commencing March 1, 1961, and each third year thereafter.
R.I. Gen. Laws § 37-2-15 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-15
§ 37-2-15. Source selection and contract formation  Statutory provisions.
Status: in_force

As used in this chapter unless the context in which they are used clearly requires a different meaning:

(1) Cost-reimbursement contract shall mean a contract under which the state reimburses the contractor for those contract costs, within a stated ceiling, which are allowable and allocable in accordance with cost principles (as provided in § 37-2-43), and a fixed fee, if any.

(2) Established catalogue price shall mean the price included in the most current catalogue, price list, schedule, or other form that:

(i) Is regularly maintained by the manufacturer or vendor of an item;

(ii) Is either published or otherwise available for inspection by customers;

(iii) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item; and

(iv) States prices which are obtained from the most recent industry wide publications and informational journals if any.

(3) Evaluated bid price shall mean the dollar amount of a bid, after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, and residual value.

(4) Invitation for bids shall mean all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in §§ 37-2-18 and 37-2-18.1.

(5) Request for proposals shall mean all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in this chapter.

(6) Responsible bidder or offeror shall mean a qualified bidder or offeror who has the capability in all respects, including financial responsibility, to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.

(7) Responsive bidder or offeror shall mean a person who has submitted a bid or offer which conforms in all material respects to the invitation for bids or proposals, so that all bidders or offerors may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract.

(8) Request for qualifications shall mean all documents, whether attached or incorporated by reference, utilized for soliciting qualifications of offerors prior to or during the solicitation of bids or proposals.

(9) Reverse Auction shall mean a bid competition where the lowest responsive and responsible bidder wins the auction.

(10) Auctioneer shall mean a business or organization that conducts an electronic reverse auction.
R.I. Gen. Laws § 37-2-17.1 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-17.1
§ 37-2-17.1. Rhode Island vendor information program (RIVIP).
Status: in_force

(a) The chief purchasing officer is directed to institute an electronic vendor information program which shall enable all invitations for bid and requests for a proposal to be accessed electronically by all potential vendors. This program is to be readily accessible through public access stations located at the following locations:

(1) One Capitol Hill, Providence, Rhode Island;

(2) City hall, town hall or public library of each of the thirty-nine (39) cities and towns in the state.

(b) Further, the vendor information program shall be accessible to potential vendors through means of computer modem.

(c) The chief purchasing officer may contract with auctioneers as defined in § 37-2-15(10) to conduct electronic reverse auctions, provided that notification of the opportunity to participate in the auction is posted on the RIVIP in accordance with the requirements of § 37-2-25.1.
R.I. Gen. Laws § 37-16-3 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-3
§ 37-16-3. Application to subcontracts.
Status: in_force

When a contract described in § 37-16-2 is in effect and any party thereto has entered into a subcontract to perform part of the work and/or furnish any materials in connection with the work described in the contract and the terms of the subcontract provide for arbitration of a dispute or claim concerning the performance or interpretation thereof, or the subcontract, expressly or by reference to the terms of the contract, provides that the parties to the subcontract shall comply with the arbitration provisions of the contract, the following shall apply when a request is made or an order of court is entered for arbitration either under the terms of the contract or subcontract.

(1) When arbitration under the contract may adversely affect the interest of a party thereto because of the effect of an award of the arbitrator or arbitrators upon the performance or interpretation of the terms of a subcontract to which he or she is also a party, he or she may require any other party or all other parties to the subcontract to become a party or parties to the arbitration.

(2) When a party to a subcontract makes a demand or an order of court is entered for arbitration under the terms of the subcontract which comply with the provision of this chapter, any party thereto who is also a party to the contract and whose rights under the contract may be adversely affected by the effect of an award of the arbitrator or arbitrators upon the performance or interpretation of the contract may require any other party to the contract to become a party to the arbitration.

(3) When a party to a contract or to a subcontract is made a party to arbitration by virtue of the provisions of this section, he or she shall have all the rights of a party to arbitration as provided in this chapter except the appointment of an arbitrator. Provided, however, he or she may object to the arbitrators appointed by the parties in which event a single arbitrator shall be appointed as provided in § 37-16-2 in the petition of either of the original parties to arbitration. The award of the arbitrator or arbitrators shall be valid and shall be binding on him or her to the extent that it affects the performance or interpretation of the contract and/or subcontract to which he or she is a party. The award of the arbitrator or arbitrators may be enforced, modified, or vacated as this chapter provides an award made in an arbitration of a contract described in § 37-16-2 may be enforced, modified, or vacated.
R.I. Gen. Laws § 37-2-70 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-70
§ 37-2-70. Professional services  Legal.
Status: in_force

(a) Before a state governmental entity procures the services of an attorney, a state agency shall demonstrate to the satisfaction of the chief purchasing officer or a public agency shall demonstrate to the satisfaction of the directors of the public agency the following:

(1) The need for the services, including the scope of the services to be performed;

(2) That no legal personnel employed by the state on a full-time basis is available to perform those services;

(3) That funding is available, indicating from which sources the funding is to be provided;

(4) That attorneys to be engaged meet the following minimum requirements:

(i) Appropriate professional licensing;

(ii) Competence to perform those services as reflected by formal training and education, general experience, experience in providing the required services, and the qualifications and competence of persons who would be assigned to perform the services; and

(iii) Ability to perform the services as reflected by workload and availability of adequate personnel, equipment, and facilities to perform the services expeditiously.

(b) The attorney shall enter into a letter of engagement with the state. The letter of engagement shall state the rate of compensation, the scope of the services to be performed for the compensation, and provision for the payment of expenses incurred in connection with legal services. The letter of engagement shall certify that the rate of compensation does not exceed the rate of compensation charged by counsel to his or her preferred public or private clients. A letter of engagement shall not be for more than one year.

(c) Nothing herein shall prevent the issuance of a public solicitation of requests for qualifications or the conduct of pricing negotiations prior to contract award. All requests for qualifications shall be solicited through utilization of the Rhode Island vendor information program (RIVIP) as set forth in § 37-2-17.1.

(d) Each state department and each state government entity which procures the services of an attorney who is not an employee of that department or body shall, on or before March 1 of each year, prepare and submit to the director of the department of administration an annual report of outside legal services, which report shall identify and set forth:

(i) The name, firm, affiliation, and address of each attorney or law firm retained by the department or entity during the previous calendar year and/or of each attorney or law firm to whom the department or entity paid any fees or other payments during the previous calendar year;

(ii) The amount of all fees or other payments from public funds made by the department or entity to any such attorney or law firm during the previous calendar year.

(e) The director of the department of administration shall annually compile all annual reports of outside legal services and present them, together with an executive summary thereof, to the governor, the speaker of the house of representatives, the president of the senate, and the chairpersons of the senate and house committees on finance, not later than May 1 of each year.
R.I. Gen. Laws § 37-13-14.1 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-14.1
§ 37-13-14.1. Enforcement  Hearings.
Status: in_force

(a) Before issuing an order or determination, the director of labor and training shall order a hearing thereon at a time and place to be specified, and shall give notice thereof, together with a copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon investigation, which notice shall be served personally or by mail on any person, firm, or corporation affected thereby. The person, firm, or corporation shall have an opportunity to be heard in respect to the matters complained of at the time and place specified in the notice, which time shall be not less than five (5) days from the service of the notice personally or by mail. The hearing shall be held within ten (10) days from the order of hearing. The hearing shall be conducted by the director of labor and training or his or her designee. The hearing officer in the hearing shall be deemed to be acting in a judicial capacity and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by Rhode Island civil practice law and rules. The hearing shall be expeditiously conducted, and upon such hearing, the hearing officer shall determine the issues raised thereon and shall make a determination and enter an order within ten (10) days of the close of the hearing, and forthwith serve a copy of the order, with a notice of the filing thereof, upon the parties to the proceeding, personally or by mail. The order shall dismiss the charges or direct payment of wages or supplements found to be due, including interest at the rate of twelve percentum (12%) per annum from the date of the underpayment to the date of payment, and may direct payment of reasonable attorneys fees and costs to the complaining party.

(b) In addition to directing payment of wages or supplements including interest found to be due, the order shall also require payment of a further sum as a civil penalty in an amount up to three times the total amount found to be due. Further, if the amount of salary owed to an employee pursuant to this chapter but not paid to the employee in violation of thereof exceeds five thousand dollars ($5,000), it shall constitute a misdemeanor and shall be referred to the office of the attorney general. The misdemeanor shall be punishable for a period of not more than one year in prison and/or fined not more than one thousand dollars ($1,000). In assessing the amount of the penalty, due consideration shall be given to the size of the employers business, the good faith of the employer, the gravity of the violation, the history of previous violations, and the failure to comply with recordkeeping or other nonwage requirements. The surety of the person, firm, or corporation found to be in violation of the provisions of this chapter shall be bound to pay any penalties assessed on such person, firm, or corporation. The penalty shall be paid to the department of labor and training for deposit in the state treasury; provided, however, it is hereby provided that the general treasurer shall establish a dedicated prevailing wages enforcement fund for the purpose of depositing the penalties paid as provided herein. There is hereby appropriated to the annual budget of the department of labor and training the amount of the fund collected annually under this section, to be used at the direction of the director of labor and training for the sole purpose of enforcing prevailing wage rates as provided in this chapter.

(c) For the purposes of this chapter, each day or part thereof of violation of any provision of this chapter by a person, firm, or corporation, whether the violation is continuous or intermittent, shall constitute a separate and succeeding violation.

(d) In addition to the above, any person, firm, or corporation found in violation of any of the provisions of this chapter by the director of labor and training, an awarding authority, or the hearing officer, shall be ineligible to bid on, or be awarded work by, an awarding authority or perform any such work for a period of no less than eighteen (18) months and no more than thirty-six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or corporation is found to be in violation of this chapter, all pending bids with any awarding authority shall be revoked, and any bid awarded by an awarding authority prior to the commencement of the work shall also be revoked.

(e) In addition to the above, any person, firm, or corporation found to have committed two (2) or more willful violations in any period of eighteen (18) months of any of the provisions of this chapter by the hearing officer, which violations are not arising from the same incident, shall be ineligible to bid on, or be awarded work by, an awarding authority or perform any work for a period of sixty (60) months from the date of the second violation.

(f) The order of the hearing officer shall remain in full force and effect unless stayed by order of the superior court.

(g) The director of labor and training, awarding authority, or hearing officer shall notify the bonding company of any person, firm, or corporation suspected of violating any section of this chapter. The notice shall be mailed certified mail and shall enumerate the alleged violations being investigated.

(h) In addition to the above, any person, firm, or corporation found to have willfully made a false or fraudulent representation on certified payroll records shall be referred to the office of the attorney general. A first violation of this section shall be considered a misdemeanor and shall be punishable for a period of not more than one year in prison and/or fined one thousand dollars ($1,000). A second or subsequent violation of this section shall be considered a felony and shall be punishable for a period of not more than three (3) years imprisonment, a fine of three thousand dollars ($3,000), or both. Further, any person, firm, or corporation found to have willfully made a false or fraudulent representation on certified payroll records shall be required to pay a civil penalty to the department of labor and training in an amount of no less than two thousand dollars ($2,000) and not greater than fifteen thousand dollars ($15,000) per representation.
R.I. Gen. Laws § 37-25-1 — RI Code / Title 37 / Chapter 37-25 / Section 37-25-1
§ 37-25-1. Corrosion prevention and mitigation work requirements.
Status: in_force

(a) For purposes of this section:

(1) NACE 13/ACS 1 standard means the Society for Protective Coatings/NACE International standard for an industrial coating and lining application specialist.

(2) Trained and certified personnel means both of the following:

(i) To the maximum extent feasible, workers performing surface preparation and application of protective coatings and linings to steel, who are classified as journey-level painters, shall be certified by an organization generally accepted in the industry as meeting the NACE 13/ACS 1 standard, or a similar standard, that is generally accepted in the industry. Coatings applied during assembly are excluded.

(ii) Workers performing surface preparation and application of protective coatings and linings to steel, who are classified as apprentices, shall be registered in an industrial apprenticeship program, approved by the department of labor and training, that provides training to meet the NACE 13/ACS 1 standard or a similar standard, that is generally accepted by the industry.

(b) A public entity that awards a contract after January 1, 2024, that is paid for in whole or in part with state funds, shall require all contractors and subcontractors performing corrosion prevention and mitigation work to comply with the standards adopted pursuant to this section.

(c) Contractors and subcontractors performing public works contracts for corrosion prevention and mitigation work must comply with the standards adopted pursuant to this section after January 1, 2024.

(d) On or before January 1, 2023, the director of the department of labor and training in consultation with the department of environmental management, shall adopt regulations establishing standards for the performance of corrosion prevention and mitigation work on public projects that reflect industry best practices. Such industry best practices shall include, but are not limited to, the following:

(1) Use of trained and certified personnel for surface preparation and application of protective coatings and linings to steel;

(2) Use of inspectors to ensure best practices and standards are met; and

(3) A plan to prevent environmental degradation, including, but not limited to, careful handling and containment of hazardous materials including, but not limited to, lead paint.

(e)(1) The department of labor and training shall enforce the provisions of this chapter. If the director, or designee, determines that a violation of these provisions has occurred, the director, or designee, shall order a hearing at a time and place to be specified, and shall give notice thereof, together with a copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon investigation, which notice shall be served personally or by mail on any person, business, corporation, or entity of any kind affected thereby.

(2) The person, business, corporation, or entity shall have an opportunity to be heard in respect to the matters complained of at the time and place specified in the notice. The hearing shall be conducted by the director, or designee.

(3) The hearing officer in the hearing shall be deemed to be acting in an administrative capacity, and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by civil practice law and the rules of civil procedure. The hearing shall be expeditiously conducted and upon such hearing the hearing officer shall determine the issues raised and shall make a determination and enter an order within thirty (30) days of the close of the hearing, and forthwith serve a copy of the order, with a notice of the filing, upon the parties to the proceeding, personally or by mail.

(4) The order shall dismiss the complaint or determine that a violation of the provisions of this chapter occurred. The order shall represent a final action by the department of labor and training.

(f) Any contractor or subcontractor determined to have violated the provisions of this chapter shall be subject to a civil penalty of not less than one thousand five hundred dollars ($1,500) and not greater than three thousand dollars ($3,000), and shall be subject to the revocation of any relevant professional or occupational license, if the violation is deemed to have been intentional or egregious.

(g) This section is applicable to all public works projects that fit the other criteria as provided in this section.
R.I. Gen. Laws § 37-2-56 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-56
§ 37-2-56. Purchasing for municipalities and regional school districts.
Status: in_force

Any municipality or regional school district of the state may participate in state master price agreement contracts for the purchase of materials, supplies, services and equipment entered into by the purchasing agent, provided, however, that the contractor is willing, when requested by the municipality or school district, to extend the terms and conditions of the contract and that the municipality or school district will be responsible for payment directly to the vendor under each purchase contract. Unless a state contract is the result of an intergovernmental cooperative purchase contract to which a municipality or school district is a party, the purchasing agent shall not compel a successful bidder to extend the same terms and conditions to a municipality or school district. However, the purchasing agent may, in the interest of obtaining better pricing on behalf of the state and local entities, solicit offers based upon anticipated master price agreement utilization by municipalities and school districts.
R.I. Gen. Laws § 37-26-10 — RI Code / Title 37 / Chapter 37-26 / Section 37-26-10
§ 37-26-10. Contractor liability.
Status: in_force

(a) A contractor shall be liable for any debt resulting from an action under this chapter, owed to an employee or third party on the wage claimants behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor or its subcontractors for the employees performance of labor. The provisions of this section shall not be deemed to limit the liability of a subcontractor under any other provision of law.

(b) No agreement or release by an employee or subcontractor to waive liability assigned to a contractor under this section shall be valid. The provisions of this section shall not be deemed to impair the rights of a contractor to maintain an action against a subcontractor for owed wages that are paid by a contractor pursuant to this section.

(c) Notwithstanding any other provision of law, the remedies available for a claim pursuant to subsection (a) of this section shall only be civil and administrative actions.

(d) In the case of a private civil action by an employee, such employee may designate any person, organization, or collective bargaining agent authorized to file a complaint on the employees behalf pursuant to § 37-26-8, to make a wage claim on the employees behalf.

(e) In the case of an action against a subcontractor, the contractor shall be considered jointly and severally liable for any unpaid wages, benefits, wage supplements, penalties, liquidated damages, attorneys fees, and any other costs resulting from such action.

(f) Nothing herein shall preclude the attorney general from bringing a civil action to collect unpaid wages and penalties on behalf of employees pursuant to this section.

(g) Before bringing a civil action pursuant to this section, an employee, or third party on such employees behalf, shall give the contractor notice of the alleged violation. The notice need only describe the general nature of the claim and shall not limit the liability of the contractor or preclude subsequent amendments of an action to encompass additional employees employed by the subcontractor. An employee, or third party on such employees behalf, may not bring a civil action until ten (10) business days after giving the contractor notice of the alleged violation and may not bring a civil action if the contractor corrects the alleged violation. An employee, or third party on such employees behalf, is not required to give notice to a contractor pursuant to this subsection before bringing a civil action pursuant to this section if any employee, or third party on any employees behalf, previously has given notice to such contractor of the same alleged violation or a prior alleged violation by the same subcontractor.
R.I. Gen. Laws § 37-15-10 — RI Code / Title 37 / Chapter 37-15 / Section 37-15-10
§ 37-15-10. Litter bags.
Status: in_force

The department shall design and produce a litter bag bearing the state anti litter symbol and a statement of the penalties prescribed herein for littering in this state. The department may make litter bags available to the owners of motor vehicles and watercraft in this state and may also provide litter bags at no charge at points of entry into this state and at visitor centers to the operators of incoming vehicles and watercraft.
R.I. Gen. Laws § 37-2-35 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-35
§ 37-2-35. Finality of determinations.
Status: in_force

The determinations required by §§ 37-2-19(a), (b), (c) and (f); 37-2-20(a), (b) and (c); 37-2-21; 37-2-22; 37-2-24(a); 37-2-27(3); 37-2-30(a); and 37-2-52(c) shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
R.I. Gen. Laws § 37-6-17 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-17
§ 37-6-17. Payment of agreed price for condemned land.
Status: in_force

If any party shall agree with the acquiring authority upon the sum to be paid for the value of the land or other real property so taken and of appurtenant damage to any remainder or for the value of his or her estate, right, or interest therein, and the price shall be approved by the state properties committee, the price shall be paid to him or her forthwith. The state controller is authorized and directed, upon receipt by him or her of proper and duly authenticated vouchers, to draw his or her order upon the general treasurer for the payment of the agreed price out of any funds appropriated and available therefor; provided, however, that if any party shall fail to agree with the acquiring authority upon the sum to be paid for the value of the land or other real property so taken and of appurtenant damage to any remainder or for the value of his or her estate, right, or interest therein, then, the state properties committee, upon the application of the party in interest and of the joinder of all other parties in interest shall order paid forthwith, to the party or parties so applying for or on account of the just compensation to be awarded under a petition filed or to be filed in the superior court for the assessment of damages, in accordance with the provisions of this chapter, not less than one hundred percent (100%) of the acquiring authoritys offer pending final disposition of the court proceeding. The verdict and the judgment thereafter entered in the court proceeding shall not include any item for interest upon such amount as shall be or could have been ordered paid by the state properties committee on account of the just compensation for any period of time from and after thirty (30) days following the making in writing of the acquiring authoritys offer.
R.I. Gen. Laws § 37-21-3 — RI Code / Title 37 / Chapter 37-21 / Section 37-21-3
§ 37-21-3. Use of minority business development compliance funding.
Status: in_force

(a) All sums appropriated for minority business development compliance account shall be used for the primary purpose of developing the monitoring and compliance functions relating to equal opportunity laws and the states minority business enterprise programs. The purpose of the program shall be to guarantee maximum minority business enterprise and minority workforce participation on state and federally funded construction projects, and to assure the fullest possible implementation of the states minority business enterprise procurement program.

(b) Funds shall be used for compliance analysis, on-site monitoring, special studies, outreach to the minority business enterprise community, training and apprenticeship programs, general administration of the program, and related purposes.
R.I. Gen. Laws § 37-16-27 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-27
§ 37-16-27. Application to sureties.
Status: in_force

(a) If a contractor principal on a bond furnished to guarantee performance or payment on a construction contract and the claimant are parties to a written contract with a provision to submit to arbitration any controversy thereafter arising under the contract, or subject to arbitration as provided in § 37-16-2(b), the arbitration provisions shall apply to the surety for all disputes involving questions of the claimants right of recovery against the surety. Either the claimant, the contractor principal, or surety may demand arbitration in accordance with the written contract or as provided in § 37-16-2(b) if applicable in one arbitration proceeding, provided that the provisions of § 37-16-3 shall be applicable to any demand for arbitration. The arbitration award shall decide all controversies subject to arbitration between the claimant, on the one hand, and the contractor principal and surety on the other hand, including all questions involving liability of the contractor principal and surety on the bond, but a claimant must file suit for recovery against the surety within the time limits set forth in §§ 37-12-2 and 37-12-5. The arbitration shall be in accordance with this chapter and the court shall enter judgment thereon as provided therein.

(b) The arbitrator or arbitrators, if more than one, shall make findings of fact as to the compliance with the requirements for recovery against the surety, and those findings of fact shall be a part of the award binding on all parties to the arbitration.
R.I. Gen. Laws § 37-2-23 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-23
§ 37-2-23. Cancellation of invitation for bids and requests for proposals.
Status: in_force

An invitation for bids, a request for proposals, or other solicitation may be cancelled, or all bids or proposals may be rejected, if it is determined, in writing, that the cancellation or rejection is taken in the best interest of the state and approved by the chief purchasing officer.
R.I. Gen. Laws § 37-2-52 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-52
§ 37-2-52. Authority to resolve protests.
Status: in_force

(a) The chief purchasing officer or his or her designee shall have authority to determine protests and other controversies of actual or prospective bidders or offerors in connection with the solicitation or selection for award of a contract.

(b) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract may file a protest with the chief purchasing officer. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after the aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing.

(c) The chief purchasing officer shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.
R.I. Gen. Laws § 37-7-10 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-10
§ 37-7-10. Vesting of title in successor to public office.
Status: in_force

Upon the resignation, death, or removal from office for any cause of any governmental official, appointed or elected under the laws of this state or the laws of the United States of America, the title to all real estate and interest in real estate vested in or owned by the official in his or her governmental capacity or by virtue of his or her office, shall vest, transfer, and pass to his or her duly elected or appointed successor in office.
R.I. Gen. Laws § 37-8-17.1 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-17.1
§ 37-8-17.1. Energy efficient resources.
Status: in_force

(a) In addition to the requirements set forth in §37-8-19, the director of the department of administration, in consultation with the state energy office, shall establish, maintain, and implement a system of rebate incentives for the installation of energy efficient sources in state owned and leased buildings offered by the various public utilities providing those resources to the state.

(b) Any public building that is owned by the state or any department, office, board, commission, or agency thereof, including state-supported institutions of higher education shall purchase or generate sixteen percent (16%) of their electricity from renewable energy resources by January 1, 2020, in accordance with the following schedule:

By 2010, four and one-half percent (4.5%) of electricity used shall be from renewable energy resources, with an additional one percent (1%) of electricity purchased or generated in each of the following years 2011, 2012, 2013, 2014; and an additional one and one-half percent (1.5%) of electricity purchased or generated in each of the following years 2015, 2016, 2017, 2018, and 2019, from renewable energy resources.

(c) On or before June 1, 2009 the office of Energy Resources shall file a report with the President of the Senate and the Speaker of the House of Representatives detailing the progress of the program to include, but not be limited to, suggestions for achieving the stated goals for renewable energy resources.
R.I. Gen. Laws § 37-8-3 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-3
§ 37-8-3. Duty of department to maintain buildings.
Status: in_force

The department of administration shall care for and maintain in suitable condition for use by the occupants of the state house and by the public all of the property placed in the custody of the department of administration by the provisions of this chapter.
R.I. Gen. Laws § 37-16-11 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-11
§ 37-16-11. Powers of arbitrators.
Status: in_force

The arbitrator or arbitrators selected as prescribed in this chapter, may require any person to attend before them as a witness; and he or she and they have, and each of them has, the same powers with respect to all the proceedings before them which are conferred upon a board or a member of a board authorized by law to hear testimony. All the arbitrators selected as prescribed in this chapter must meet together and hear all the allegations and proofs of the parties; but an award by a majority of them is valid.
R.I. Gen. Laws § 37-2-19 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-19
§ 37-2-19. Competitive negotiation.
Status: in_force

(a) When, under regulations issued by the chief purchasing officer, the purchasing agent determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in §§ 37-2-21 and 37-2-22, a contract may be awarded by competitive negotiation.

(b) Adequate public notice of the request for proposals to be negotiated shall be given in the same manner as provided in § 37-2-18(c).

(c) The request for proposals shall indicate the relative importance of price and other evaluation factors.

(d) Written or oral discussions may be conducted with all responsible offerors who submit proposals determined in writing to be reasonably susceptible of being selected for award. All oral discussions conducted with responsible offerors who submit proposals shall be memorialized in writing and all such writings shall be deemed public record at the time the contract is awarded and shall be made available for public inspection. Discussions shall not disclose any information derived from proposals submitted by competing offerors.

(e) An award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. Discussions need not be conducted if the purchasing agent makes a written determination concerning one or more of the following:

(1) With respect to prices, where the prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions;

(2) Where time of delivery or performance will not permit discussions; or

(3) Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that an award may be made on the basis of the initial offers.
R.I. Gen. Laws § 37-8-6.4 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-6.4
§ 37-8-6.4. POW/MIA chair of honor.
Status: in_force

The director of the department of administration shall establish and cause to be displayed in the State House a POW/MIA chair of honor commemorating the men and women of the United States armed forces taken as prisoners of war or listed as missing in action.
R.I. Gen. Laws § 37-16-21 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-21
§ 37-16-21. Notice of motion to vacate, modify, or correct an award.
Status: in_force

Notice of a motion to vacate, modify, or correct an award must be served upon all adverse parties, or their attorneys, within sixty (60) days after the award is filed or delivered, as prescribed by law for service of notice of a motion upon an attorney in an action; except that in opposition to a motion to confirm an award, any of the grounds specified in § 37-16-18 may be set up. For the purpose of the motion, any judge who might make an order to stay the proceedings in an action brought in the same court may make an order to be served with the notice of motion staying the proceedings of an adverse party or parties to enforce the award.
R.I. Gen. Laws § 37-16-15 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-15
§ 37-16-15. Procedure for hearing of application to court.
Status: in_force

Any application to the court, or a judge thereof, hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided.
R.I. Gen. Laws § 37-7-4 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-4
§ 37-7-4. Land taken for improvements adjacent to roads.
Status: in_force

Whenever land is taken for the establishing, laying out, widening, extending, or relocating of public highways, streets, places, parks, or parkways, the acquiring authority may take more land and property than is needed for actual construction; provided, however, that the additional land and property so acquired or taken shall be no more in extent than would be sufficient to form suitable building sites abutting on the public highway, street, place, park, or parkway. After so much of the land and property has been appropriated for the public highway, street, place, park, or parkway as is needed therefor, the remainder may be held and improved by the acquiring authority for any public purpose or purposes, or may, with the approval of the state properties committee, be sold or leased for value, with or without suitable restrictions, and in the case of any sale or lease, the person or persons from whom the remainder was taken shall have the first right to purchase or lease the property upon such terms as the acquiring authority, with the approval of the state purchasing agent, is willing to sell or lease the property. The first right to purchase or lease shall be conclusively presumed to have been waived in the event that a written offer to sell or lease the property, containing the terms of the offer, shall have been sent by registered or certified mail to the last known address of the person or persons from whom the remainder was taken and the offer shall not have been accepted within thirty (30) days from the date of the mailing, and provided further that in the event the person or persons from whom the land was originally purchased refuse or waive their right to repurchase, or lease the land or property, the city or town wherein the land is situated shall have the second right to purchase or lease the land and property upon the same terms and conditions as the acquiring authority was willing to sell or lease the land or property to the original owners thereof. A second right to purchase or lease the land or property shall be conclusively presumed to have been waived in the event a written offer to sell or lease the land or property, containing the terms of the offer, shall have been sent by registered or certified mail to the city or town clerk, as the case may be, wherein the land and property are situated and the offer shall not have been accepted within thirty (30) days from the date of the mailing.
R.I. Gen. Laws § 37-26-7 — RI Code / Title 37 / Chapter 37-26 / Section 37-26-7
§ 37-26-7. Enforcement.
Status: in_force

(a) The director of labor and training may promulgate reasonable rules and regulations to enforce the provisions of this chapter.

(b) Before issuing an order or determination, the director of labor and training shall order a hearing thereon at a time and place to be specified, and shall give notice thereof, together with a copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon investigation, which notice shall be served personally or by mail on any person, firm, or corporation affected thereby. The person, firm, or corporation shall have an opportunity to be heard in respect to the matters complained of at the time and place specified in the notice, which time shall be not less than five (5) days from the service of the notice personally or by mail. The hearing shall be held within ten (10) days from the order of hearing. The hearing shall be conducted by the director of labor and training or the directors designee. The hearing officer in the hearing shall have the right to issue subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by the Rhode Island superior court rules of civil procedure. The hearing shall be expeditiously conducted, and upon such hearing, the hearing officer shall determine the issues raised thereon and shall make a determination and enter an order within ten (10) days of the close of the hearing, and forthwith serve a copy of the order, with a notice of the filing thereof, upon the parties to the proceeding, personally or by mail. The order shall dismiss the charges or direct payment of wages or supplements found to be due, including interest at the rate of twelve percent (12%) per annum from the date of the underpayment to the date of payment, and may direct payment of reasonable attorneys fees and costs to the complaining party.

(c) In addition to directing payment of wages or supplements including interest found to be due, the order shall also require payment of a further sum as a civil penalty in an amount up to three (3) times the total amount found to be due. Further, if the amount of salary owed to an employee pursuant to this chapter but not paid to the employee in violation thereof exceeds five thousand dollars ($5,000), it shall constitute a misdemeanor and shall be referred to the office of the attorney general. The misdemeanor shall be punishable for a period of not more than one year in prison and/or a fine of not more than one thousand dollars ($1,000). In assessing the amount of the penalty, due consideration shall be given to the size of the employers business, the good faith of the employer, the gravity of the violation, the history of previous violations, and the failure to comply with recordkeeping or other nonwage requirements. The surety of the person, firm, or corporation found to be in violation of the provisions of this chapter shall be bound to pay any penalties assessed on such person, firm, or corporation. The penalty shall be paid to the department of labor and training for deposit in the state treasury; provided, however, it is hereby provided that the general treasurer shall establish a dedicated standard compensation enforcement fund for the purpose of depositing the penalties paid as provided herein. There is hereby appropriated to the annual budget of the department of labor and training the amount of the fund collected annually under this section, to be used at the direction of the director of labor and training for the sole purpose of enforcing standard compensation as provided in this chapter.

(d) For the purposes of this chapter, each day or part thereof in violation of any provision of this chapter by a person, firm, or corporation, whether the violation is continuous or intermittent, shall constitute a separate and succeeding violation.

(e) In addition to the above, any person, firm, or corporation found in violation of any of the provisions of this chapter by the director of labor and training or the directors hearing officer, shall be ineligible to bid on, or be awarded work by a state purchasing entity or perform any such work for a period of no less than eighteen (18) months and no more than thirty-six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or corporation is found to be in violation of this chapter, all pending bids with a state purchasing entity shall be revoked, and any bid awarded by a state purchasing entity prior to the commencement of the work shall also be revoked.

(f) In addition to the above, any person, firm, or corporation found to have committed two (2) or more willful violations in any period of eighteen (18) months of any of the provisions of this chapter by the hearing officer, which violations are not arising from the same incident, shall be ineligible to bid on, or be awarded work by a state purchasing entity or perform any work for a period of sixty (60) months from the date of the second violation.

(g) The order of the hearing officer shall remain in full force and effect unless stayed by order of the superior court.

(h) In addition to the above, any person, firm, or corporation found to have willfully made a false or fraudulent representation on certified payroll records shall be referred to the office of the attorney general. A first violation of this section shall be considered a misdemeanor and shall be punishable for a period of not more than one year in prison and/or a fine of one thousand dollars ($1,000). A second or subsequent violation of this section shall be considered a felony and shall be punishable for a period of not more than three (3) years imprisonment, a fine of three thousand dollars ($3,000), or both. Further, any person, firm, or corporation found to have willfully made a false or fraudulent representation on certified payroll records shall be required to pay a civil penalty to the department of labor and training in an amount of no less than two thousand dollars ($2,000) and not greater than fifteen thousand dollars ($15,000) per representation.

(i) Any effort of any employer to obstruct the director and the directors authorized representatives in the performance of their duties shall be deemed a violation of this chapter and punishable as such.

(j) The director and the directors authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, subpoenas duces tecum, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before the director.

(k) In case of failure of any person to comply with any subpoena lawfully issued, or subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, the provisions of chapter 35 of title 42 (administrative procedures) shall apply.

(l) Except as otherwise provided in this chapter, any employer who shall violate or fail to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each separate offense, or by imprisonment of up to one year, or by both fine and imprisonment. Each day of failure to pay wages due an employee at the time specified in this chapter shall constitute a separate and distinct violation.

(m) The director is hereby empowered to enforce the directors decision in the superior court for the county of Providence.
R.I. Gen. Laws § 37-10-6 — RI Code / Title 37 / Chapter 37-10 / Section 37-10-6
§ 37-10-6. Construction, operation and maintenance of building.
Status: in_force

The building shall be constructed under the direction of the director of administration. The operation and maintenance of the building shall be under the supervision of the director of administration.
R.I. Gen. Laws § 37-8-19 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-19
§ 37-8-19. Energy use in public buildings.
Status: in_force

(a) The director of the department of administration shall publish and maintain standards and guidelines for energy conservation and energy cost savings in new, renovated, and newly leased public buildings. The standards shall be, at a minimum, in compliance with the Rhode Island State Building Code, chapter 27.3 of title 23 and will exceed and supplement that code where it is determined to be cost effective to do so.

(b) The standards shall address, at a minimum, lighting, heating, ventilation and air conditioning, building envelope, site orientation, use of passive solar energy, use of energy management systems, use of dual fuel burning capabilities, and use of any available financial subsidies or grants for energy conservation. The objective of the standards and guidelines will be to implement cost effective building design, to achieve energy efficiency, and to minimize the overall cost of constructing, renovating, operating, and maintaining public buildings.

(c) All new, renovated, and newly leased public buildings shall be designed in compliance with the standards and guidelines which may be changed and updated periodically by the director.

(d) Architects and engineers hired by the state will be required to comply with these standards and will also be required to meet with the statewide energy conservation officer and state building code commissioner, or their designees, commencing with the design phase to review the standards and guidelines and to determine how to incorporate them into the project design. A written authorization must be obtained from the statewide energy conservation officer before plans and specifications can be approved for a building permit by the building code commissioner.

(e) The official in charge of supervising the design and construction of public buildings at each of the following state agencies shall have the opportunity to comment on all standards, guidelines, and any periodic changes to them before they become finalized by the director:

(1) The university of Rhode Island, Rhode Island college, the department of MHRH, the community college of Rhode Island, the division of central services, the governors energy office, and the state building code commission.

(f) Public building for the purpose of this section shall mean any building owned by the state of Rhode Island or any building leased by the state of Rhode Island with a term of two (2) years or longer.
R.I. Gen. Laws § 37-15-7 — RI Code / Title 37 / Chapter 37-15 / Section 37-15-7
§ 37-15-7. Penalties.
Status: in_force

(a) Any person convicted of a first violation of this chapter shall, except where a penalty is specifically set forth, be subject to a fine of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000). In addition to, or in lieu of, the fine imposed hereunder, the person so convicted may be ordered to pick up litter for not less than two (2), nor more than twenty-five (25), hours.

(b) Any person convicted of a second or subsequent violation of this chapter shall, except where a penalty is specifically set forth, be subject to a fine of not less than three hundred dollars ($300), nor more than five thousand dollars ($5,000). In addition to, or in lieu of, the fine imposed upon a second or subsequent violation of this chapter, the person so convicted may be ordered to pick up litter for not less than four (4), nor more than fifty (50) hours.

(c) Jurisdiction to punish violators of the provisions of this chapter is conferred on the traffic tribunal.

(d) Any person convicted of a violation of this chapter shall, in addition to all other penalties, be liable for the removal of all litter or ordered to pay restitution for the cost of removal of all litter illegally disposed of by that person. The traffic tribunal may hold the registration of any vehicle owned by the violator and used in the act of littering until the aforementioned liability is satisfied.

(e) The funds received by a state law enforcement agency shall be deposited as general revenues; provided, however, that thirty percent (30%) of any fine collected pursuant to a complaint filed by a local law enforcement agency shall inure to the benefit of that agency, with remittances to be made not less often than once every three (3) months.

(f) Penalties of one hundred dollars ($100) for violations of this section may be disposed of without the necessity of personally appearing before the traffic tribunal. Said penalty may be handled administratively by mailing a check or money order, together with the properly executed form provided, to the appropriate address as set forth in the summons issued by the enforcing agent.
R.I. Gen. Laws § 37-13-12.4 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-12.4
§ 37-13-12.4. Penalty for violations.
Status: in_force

Except as otherwise provided in this chapter, any employer who shall violate or fail to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each separate offense, or by imprisonment of up to one year, or by both fine and imprisonment. Each day of failure to pay wages due an employee at the time specified in this chapter shall constitute a separate and distinct violation.
R.I. Gen. Laws § 37-16-23 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-23
§ 37-16-23. Filing of papers after judgment.
Status: in_force

(a) Immediately after entering judgment, the clerk must attach together and file the following papers:

(1) The contract, and each written extension of the time, if any, within which to make the award.

(2) The award.

(3) Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon the application.

(4) A copy of the judgment.

(b) The judgment may be docketed as if it was rendered in an action.
R.I. Gen. Laws § 37-13-15 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-15
§ 37-13-15. Review.
Status: in_force

(a) There is hereby created an appeals board which shall be comprised of three (3) members who shall be appointed by the governor; provided, however, that each member of the appeals board shall have at least five (5) years experience with prevailing wage rates as they apply to the construction industry. The members of the appeals board shall serve without compensation. The members of the appeals board shall be appointed for terms of three (3) years except that of the three (3) members originally appointed by each of the appointing authorities: one shall be appointed for a term of one year, one shall be appointed for a term of two (2) years, and one for a term of three (3) years.

(b) Any person aggrieved by any action taken by the director of labor and training or his or her designated hearing officer under the authority of this chapter, or by the failure or refusal of the director of labor and training to take any action authorized by this chapter, may obtain a review thereof for the purpose of obtaining relief from the action or lack of action by filing a petition for administrative review and relief, to the appeals board as provided herein. The petition for administrative review shall be filed within twenty (20) days of the action taken by the director of labor and training or designated hearing officer. The petition for administrative review shall be heard within ten (10) days of the date of filing. An aggrieved person under this section shall include:

(1) Any person who is required to pay wages to his or her employees or make payments to a fund on behalf of his or her employees, as provided in this chapter;

(2) Any person who is required to be paid wages for his or her labor or on whose behalf payments are required to be paid to funds, as provided by this chapter;

(3) The lawful collective bargaining representative of a person defined in subdivision (2) above;

(4) A trade association of which a person defined in subdivision (1) above is a member;

(5) A proper authority as defined in this chapter;

(6) A contractor who submitted a bid for work to be or which has been awarded under the provisions of this chapter or a trade association of which he or she is a member; and

(7) A labor organization which has one or more written collective bargaining agreements with one or more employers or a trade association which sets forth the hours, wages, and working conditions of a craft, mechanic, teamster, or type of worker needed to execute the work, as provided in this chapter to the extent that it would be affected by the action or the failure to act of the director of labor and training or the hearing officer.

(c) Any aggrieved person as defined herein may obtain a review of a decision of the appeals board by filing a petition in the superior court in Providence county pursuant to the provisions of the administrative procedures act, praying for review and relief. The petition shall follow the course of and be subject to the procedures for causes filed in the court.

(d) The director is hereby empowered to enforce his or her decision and/or the decision of the appeals board in the superior court for the county of Providence.
R.I. Gen. Laws § 37-2-3 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-3
§ 37-2-3. Supplemental general principles of law  Obligation of good faith.
Status: in_force

(a) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the Uniform Commercial Code, Title 6A, the law merchant, and the law of contracts, including, but not limited to, agency, fraud, misrepresentation, duress, coercion, mistake, and bankruptcy, shall supplement these provisions.

(b) Every contract or duty under this chapter shall impose upon both parts the obligation of good faith in its performance and/or enforcement. Good faith shall mean honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.
R.I. Gen. Laws § 37-7-11 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-11
§ 37-7-11. Delegation of powers over real estate by federal officer.
Status: in_force

Any governmental official duly appointed or elected under the laws of the United States of America, who by law is authorized to take and hold title to real estate by virtue of his or her office, may if authorized by the laws of the United States of America, by power of attorney duly executed, acknowledged, and recorded, delegate to any of his or her subordinates, the power to manage, contract to sell, sell, mortgage, or lease any real estate so held by him or her and to execute, acknowledge, and deliver in the name of the official any deed, conveyance, mortgage, lease, or other instrument necessary to effectuate the contract, sale, mortgage, or lease.
R.I. Gen. Laws § 37-2-10 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-10
§ 37-2-10. Distribution of procurement activities.
Status: in_force

The chief purchasing officer may provide for the distribution of the departments procurement activities and functions among the various divisions within the department.
R.I. Gen. Laws § 37-15-17 — RI Code / Title 37 / Chapter 37-15 / Section 37-15-17
§ 37-15-17. Severability.
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances is not affected.
R.I. Gen. Laws § 37-6-5 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-5
§ 37-6-5. Power of department and agency heads to acquire property for public use.
Status: in_force

(a) Whenever in the opinion of the head of any department, board, bureau, commission, or agency of the state government, hereinafter referred to as the acquiring authority, the acquisition of land or other real property or any interest, estate, or right therein is necessary or advantageous to the establishment, acquisition, construction, development, betterment, or maintenance of any governmental facility, public work, or public improvement, the acquiring authority shall be and hereby is authorized and empowered, within the limits of the appropriations that are available or that shall be made available, with the approval of the state properties committee, and in the case of purchases by or gifts or devises to the state, subject to the approval of the governor, to take in fee simple or otherwise in the name and for the benefit of the state of Rhode Island, by purchase, lease, gift, or devise lands and other real property and rights, interests, estates, easements, and privileges therein, and foreshore, riparian, and littoral rights thereto for the public use within the state of Rhode Island.

(b) No acquiring authority shall relinquish riparian rights of Colt State Park or Poppasquash Road, Bristol to any entity for private use.
R.I. Gen. Laws § 37-16-22 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-22
§ 37-16-22. Entry of judgment  Costs.
Status: in_force

Upon the granting of an order confirming, modifying, or correcting an award, judgment may be entered in conformity therewith, except as is otherwise prescribed in this chapter. Costs of the application and of the proceedings subsequent thereto, not exceeding twenty-five dollars ($25.00) and disbursements, may be awarded by the court in its discretion. If awarded, the amount thereof must be included in the judgment.
R.I. Gen. Laws § 37-13-17 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-17
§ 37-13-17. Private right of action to collect wages or benefits.
Status: in_force

(a) An employee or former employee, or any organization representing such an employee or former employee, of a contractor or subcontractor may bring a civil action for a violation of § 37-13-7 for appropriate injunctive relief, or actual damages, or both within three (3) years after the occurrence of the alleged violation. An action commenced pursuant to this section, may be brought in the superior court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom in the civil complaint is filed resides or has their principal place of business. Any contractor or subcontractor who violates the provisions of § 37-13-7 shall be liable to the affected employee or employees in the amount of unpaid wages or benefits, plus interest. A civil action filed in court under this section may be instituted instead of, but not in addition to the director of labor and training enforcement procedures authorized by § 37-13-14.1, provided the civil action is filed prior to the date the director of labor and training issues notice of an administrative hearing.

(b) An employers responsibility and liability is solely for its own employees.

(c) An action instituted pursuant to this section may be brought by one or more employees or former employees on behalf of himself/herself or themselves and other employees similarly situated, except that no employee shall be a party plaintiff to any such action unless he/she gives his/her consent in writing to become such a party and such consent is filed in the court in which such action is brought.

(d) In an action filed under this section in which the plaintiff prevails, the court shall, in addition to any judgment awarded to the plaintiff, require reasonable attorneys fees and the costs of the action to be paid by the defendant.

(e) The court in an action filed under this section shall award affected employees or former employees liquidated damages in an amount equal to two (2) times the amount of unpaid wages or benefits owed. Unpaid fringe benefit contributions owed pursuant to this section in any form shall be paid to the appropriate benefit fund, however, in the absence of an appropriate fund the benefit shall be paid directly to the individual.

(f) The filing of a civil action under this section shall not preclude the director of labor and training from referring a matter to the attorney general as provided in § 37-13-14.1(b), from prohibiting a contractor or subcontractor from bidding on or otherwise participating in contracts as provided in § 37-13-14.1(d), (e) and (h), or from prohibiting termination of work on failure to pay agreed wages pursuant to § 37-13-16.

(g) Any person, firm, or corporation found to have willfully made a false or fraudulent representation in connection with wage obligations owed on a contract shall be required to pay a civil penalty to the department of labor and training in an amount of no less than one thousand dollars ($1,000) and not greater than three thousand dollars ($3,000) per representation. Such penalties shall be recoverable in civil actions filed pursuant to this section. For purposes of this subsection willfully shall mean representations that are known to be false, or representations made with deliberate ignorance or reckless disregard for their truth or falsity.

(h) An employer shall not discharge, threaten, or otherwise discriminate against an employee, or former employee, regarding compensation terms, conditions, locations or privileges of employment because the employee or former employee, or a person or organization acting on his or her behalf:

(1) Reports or makes a complaint under this section; or otherwise asserts his or her rights under this section; and/or

(2) Participates in any investigation, hearing or inquiry held by the director of labor and training under § 37-13-14.1. In the event a contractor or subcontractor retaliates or discriminates against an employee in violation of this section, the affected employee may file an action in any court of competent jurisdiction and the court shall order reinstatement and/or restitution of the affected employee, as appropriate, with back pay to the date of the violation, and an additional amount in liquidated damages equal to two (2) times the amount of back pay and reasonable attorneys fees and costs.

(i) If any one or more subsections of this section shall for any reason be adjudged unconstitutional or otherwise invalid, the judgment shall not affect, impair, or invalidate the remaining subsections.
R.I. Gen. Laws § 37-2-38.1 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-38.1
§ 37-2-38.1. Certification by building commissioner.
Status: in_force

The state controller shall order no payment to any person on account of any contract for any construction which is subject to the state building code, unless and until the state building commissioner has certified to the state controller in writing that:

(1) All permits required under § 23-27.3-113.1 for the construction for which such payment has been requested have been issued and are valid; and

(2) The state building commissioner has, pursuant to § 23-27.3-113.3.1, verified that all construction work for which payment has been requested and which state law requires to be performed by licensed persons has been performed by persons so licensed.
R.I. Gen. Laws § 37-15-2 — RI Code / Title 37 / Chapter 37-15 / Section 37-15-2
§ 37-15-2. Declaration of purpose.
Status: in_force

(a) The purpose of this chapter is to accomplish litter control and establish community recycling programs throughout this state by delegating to the department of environmental management the authority to:

(1) Conduct a permanent and continuous program to control and remove litter from this state to the maximum practical extent possible;

(2) Recover and recycle waste materials related to litter and littering;

(3) Encourage private recycling; and

(4) Increase public awareness of the need for recycling and litter control.

(b) It is further the intent and purpose of this chapter to create jobs for employment in litter cleanup and related activities and to encourage small, private recycling centers.

(c) This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable.

(d) Every department of state government and all local governmental units and agencies of this state shall cooperate with the department of environmental management in the administration and enforcement of this chapter.

(e) The intent of this chapter is to add to and coordinate existing recycling and litter control and removal efforts and not terminate or supplant those efforts.
R.I. Gen. Laws § 37-7-9 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-9
§ 37-7-9. Concessions, leases, and licenses  Reports.
Status: in_force

(a) The acquiring authority, with the approval of the state properties committee, is authorized and empowered, when it shall serve the public purpose, to grant concessions in or to lease or license any land or building or structure, a part or portion of any governmental facility, public work, or public improvement for industrial or commercial purposes for a term or terms not exceeding in the aggregate in any one case twenty (20) years; provided, however, that real property, buildings, and facilities owned by the state at the Port of Galilee may be leased for a term of up to forty (40) years for commercial fishing industry-related purposes; and provided further, however, that certain real property, buildings, and facilities owned by the state located on Indian Point with a 2012 address of 25 India Street in the city of Providence may be leased for a term of up to forty (40) years for commercial, public recreation, marina, and redevelopment purposes; provided, however, that real property, buildings, and facilities owned by the department of environmental management may be leased for a term not to exceed forty (40) years for the purpose of facilitating private investment in buildings or infrastructure for public recreation, or to develop or sustain a natural resource-based industry and where the useful life of the investment exceeds twenty-five (25) years; and provided further, however, that certain real properties, buildings, and facilities owned by the state in the city of Providence known as the Union Station properties, which properties have been conveyed from time to time to the state by the consolidated rail corporation and others, may be leased for a term of up to forty (40) years for office, commercial, service, transportation, or other related purposes; and provided further, however, that real property, buildings, and facilities owned by the state may be leased for a term of up to forty (40) years for the development of cogeneration projects which involve the simultaneous generation of electricity and thermal energy (steam and hot water) and for eligible renewable energy resources as defined in § 39-26-5(a)(i) through (v); and further provided, however, that in the event of a mobile home lease agreement or site lease agreement, wherein such mobile home is contiguous to a resident-owned mobile home park, the state properties committee may enter into a lease or grant concessions to or license any land or building for a period not to exceed thirty (30) years; and provided further, however, that real property, buildings, and facilities owned by the state may be leased for a term of up to ninety-nine (99) years for the development of railroad layover facilities, contingent on the lease requiring the lessee to provide commuter rail service within the state of Rhode Island, as set forth by the state; and provided further, however, that real property, buildings, and facilities owned by the state at the Quonset state airport may be leased to the United States Air Force for a term not to exceed forty (40) years for the purpose of making improvements to infrastructure thereon. All agreements, contracts, and other instruments granting concessions or leasing or licensing facilities shall contain such conditions, rules, restrictions, and regulations as the state purchasing agent shall deem suitable or necessary and shall be approved, as to substance, by the director of administration, and, as to form, by the attorney general.

(b) Whenever property that is subject to the provisions of this chapter is leased by the state, the lessee shall report on a semi-annual basis the amount of income revenue generated by the leased property. The report shall be made to the state properties commission and copies shall be provided to both the house and senate fiscal staffs and the governor. These requirements shall be contained in the lease between the lessor and the lessee with approval of the state properties committee.
R.I. Gen. Laws § 37-8-1.6 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-1.6
§ 37-8-1.6. Pawtucket armory.
Status: in_force

The state of Rhode Island has determined that it no longer needs the property and buildings which once served the people as the Pawtucket armory. The city of Pawtucket has determined that it can use the property and buildings for municipal purposes. Therefore, notwithstanding any law to the contrary, the director of the department of administration is hereby authorized and empowered to convey the states entire interest in the Pawtucket armory to the city of Pawtucket. The consideration for the sale is one dollar ($1.00). The city of Pawtucket is responsible for all costs associated with the conveyance.
R.I. Gen. Laws § 37-13-2 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-2
§ 37-13-2. Contractor defined  Information required.
Status: in_force

The term contractor as used in this chapter shall mean the bidder whose bid has been accepted by an authorized agency or awarding authority as the bidder possessing the skills, ability, and integrity necessary to the faithful performance of the contract or work, and who shall certify that he or she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the contract or work. Essential information in regard to qualifications shall be submitted in such form to the awarding authority and the director of labor and training as the director of labor and training shall require. The authorized agency or awarding authority shall reserve the right to reject all bids, if it be in the public interest to do so.
R.I. Gen. Laws § 37-8-11.1 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-11.1
§ 37-8-11.1. Retirement of State House restaurant employees.
Status: in_force

Notwithstanding the provisions of any other law, the provisions of chapters 8, 9, and 10 of title 36, as amended, shall apply to the employees of the State House restaurant. Any employee shall also be permitted to purchase previous service credits in the retirement system for any periods of employment in the State House restaurant from August 1945, to the present, provided he or she makes written application to the retirement board on or before December 31, 1963, and pays into the retirement system in a lump sum payment the contributions of five percent (5%) of his or her total earnings for the period in which he or she seeks membership credit, plus interest at the rate of four percent (4%) per annum compounded annually up to July 1, 1947, and regular interest of two percent (2%) per annum compounded annually thereafter to date of payment.
R.I. Gen. Laws § 37-13-5 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-5
§ 37-13-5. Payment for trucking or materials furnished  Withholding of sums due.
Status: in_force

A contractor or subcontractor on public works authorized by a proper authority shall pay any obligation or charge for trucking and material which have been furnished for the use of the contractor or subcontractor, in connection with the public works being performed by him or her, within ninety (90) days after the obligation or charge is incurred or the trucking service has been performed or the material has been delivered to the site of the work, whichever is later. When it is brought to the notice of the proper authority in a city or town, or the proper authority in the state having supervision of the contract, that the obligation or charge has not been paid by the contractor or subcontractor, the proper authority may deduct and hold for a period not exceeding sixty (60) days, from sums of money due to the contractor or subcontractor, the equivalent amount of such sums certified by a trucker or materialman creditor as due him or her, as provided in this section, and which the proper authority determines is reasonable for trucking performed or materials furnished for the public works.
R.I. Gen. Laws § 37-2-6 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-6
§ 37-2-6. Determinations.
Status: in_force

Every determination required by this chapter shall be in writing and based upon written findings of fact by the public official making the determination. These determinations and written findings shall be retained in an official contract file in the office of the chief purchasing office, the using agency, or public agency administering the contract.
R.I. Gen. Laws § 37-7-1 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-1
§ 37-7-1. Rental of acquired land pending application to public use.
Status: reserved

The acquiring authority with the approval of the state properties committee is authorized, whenever title to land and other real property is acquired by the state by purchase, gift, devise, or condemnation, to rent the land or any building or buildings thereon not reserved by the vendor, donor, or devisor until the use of the land or the removal of the structures becomes necessary to the purpose for which the land or other real property is acquired. The amount to be charged for rental shall in each instance be approved by the state purchasing agent and the receipts therefor shall be deposited with the general treasurer.
R.I. Gen. Laws § 37-12-2 — RI Code / Title 37 / Chapter 37-12 / Section 37-12-2
§ 37-12-2. Rights of persons furnishing labor and materials.
Status: in_force

Every person who shall have performed labor and every person who shall have furnished or supplied labor, material, or equipment in the prosecution of the work provided for in the contract, in respect of which a payment bond is furnished under § 37-12-1, and who has not been paid in full therefor before the expiration of a period of ninety (90) days after the day on which the last of the labor was performed or furnished by him or her, or material or equipment furnished or supplied by him or her for which a claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of institution of the suit and to prosecute the action to final execution and judgment for the sum or sums justly due him or her; provided, however, that any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing the payment bond shall have a right of action upon the payment bond upon giving written notice to the contractor within ninety (90) days from the date on which the person furnished or performed the last of the labor, or furnished or supplied the last of the material or equipment for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the labor was furnished or performed or the material or equipment was furnished or supplied. The notice shall be served by mailing the same by certified mail, postage prepaid, in an envelope addressed to the contractor at any place he or she maintains an office, conducts his or her business, or his or her residence.
R.I. Gen. Laws § 37-6-13.1 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-13.1
§ 37-6-13.1. Authorization of condemnation for state office buildings.
Status: in_force

Whenever in the opinion of the director of administration the acquisition of land or other real property or any interest, estate, or right therein is necessary or advantageous for the construction of state office buildings, including parking areas required therefor, and other related facilities within that parcel of real estate bounded on the north by Orms Street, on the west by Freeway Service Drive, on the south by Smith Street and on the east by the railroad tracks of the New York, New Haven, and Hartford Railroad Company, except that portion of the parcel owned by St. Patricks Church, Providence, Rhode Island, the state properties committee may authorize the acquisition thereof by condemnation proceedings; provided, however, the state properties committee shall not authorize any land or estate owned and used by any railroad company to be taken by condemnation until after a hearing before the division of public utilities and carriers and until the consent of the division of public utilities and carriers to the taking shall be given.
R.I. Gen. Laws § 37-8-1.4 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-1.4
§ 37-8-1.4. Kent County Courthouse at East Greenwich.
Status: in_force

The State of Rhode Island has determined that it no longer needs the property and building thereon which once served the people as the Kent County Courthouse. The Town of East Greenwich has determined that it can use the property and building thereon for municipal purposes. Therefore, the director of the department of administration is hereby authorized and empowered to convey the states interest in the real property, the buildings thereon, and fixtures, located in the Town of East Greenwich and commonly known as the Kent County Courthouse to the town of East Greenwich. The consideration for the sale shall be one dollar ($1.00) paid by the Town of East Greenwich to the State. The transfer of the Kent County Courthouse shall be contingent upon the Towns receiving authority for issuing bonds or notes in order to finance the construction, renovation, equipping, furnishing, or additions to the Kent County Courthouse from both the general assembly and the electors of the Town and the Towns actually receiving the proceeds of the bonds or notes. The State hereby agrees to indemnify the Town of East Greenwich for environmental liabilities which existed at the Kent County Courthouse prior to the date of transfer. The Town of East Greenwich shall be responsible for all costs associated with the conveyance.
R.I. Gen. Laws § 37-8-5.1 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-5.1
§ 37-8-5.1. Prohibition of parking on North Terrace of the State House.
Status: in_force

No vehicle shall be parked on the terrace of the State House lot located on Smith Street designated as the North Terrace.
R.I. Gen. Laws § 37-12-7 — RI Code / Title 37 / Chapter 37-12 / Section 37-12-7
§ 37-12-7. Notice of pendency of suit.
Status: in_force

In any suit brought under the provisions of this chapter such personal notice of the pendency of the suit as the court may order shall be given to all such known creditors and persons claiming to be creditors under the bond as shall not have entered their appearances in the suit and, in addition to the notice, notice of the pendency of the suit shall be given by publication in some newspaper published in this state of general circulation in the city or town or every city or town in which the work covered by the contract was carried on, once a week for three (3) successive weeks, in such form as the court may order. The court, however, may dispense with the notices if satisfied that sufficient notices shall have been given in some other suit brought under the provisions of this chapter.
R.I. Gen. Laws § 37-8-4 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-4
§ 37-8-4. Employees of department  Purchase of supplies and services.
Status: in_force

The director of administration shall select and engage all of the employees in his or her judgment necessary therefor, fix their compensation, and discharge them at his or her pleasure, and shall cause to be purchased all materials, supplies, and tools necessary for the care and maintenance, including gas, water, electric lights, and power, and electric clock, and local telephone service, to be paid for out of the appropriation that shall be made by the general assembly from time to time for those purposes upon vouchers approved by the director of administration.
R.I. Gen. Laws § 37-26-11 — RI Code / Title 37 / Chapter 37-26 / Section 37-26-11
§ 37-26-11. Severability.
Status: in_force

If any section or provision or the application of the section or provision of this chapter to any person or circumstances shall be held invalid, the validity of the remainder of the sections and the applicability of the sections or provisions to other persons or circumstances shall not be affected.
R.I. Gen. Laws § 37-6-21 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-21
§ 37-6-21. Conduct of trial on damages.
Status: in_force

A trial shall be conducted as other civil actions at law are tried. The trial shall determine all questions of fact relating to the value of the estate or interest in the land or other real property taken and the appurtenant damage to any remainder and the amount thereof. The trial and verdict of the jury shall be subject to all rights to move for new trial and to appeal as are provided by law.
R.I. Gen. Laws § 37-8-15.1 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-15.1
§ 37-8-15.1. Accessibility of leased or rented facilities for people with disabilities.
Status: in_force

(a) No governmental body or public agency, as defined in § 37-2-7, acting as lessee, shall lease or rent facilities that are not accessible to and usable by individuals with disabilities. The lessee governmental body or public agency shall provide the state building commissioner with a list of prospective facilities to be leased and shall ensure that accessibility certifications in subdivision (a)(1), (a)(2), or (a)(3) and (a)(4) of this section are completed prior to submission of the lease or renewal of the lease for final approval by the state properties commission or other authorized body. Prior to a governmental body or public agency leasing or renting any facility, or renewing a lease:

(1) The state building commissioner shall certify that the new facility to be leased or rented conforms to the accessibility for people with disabilities provisions of the state building code; or that the existing facility to be leased or rented meets the accessibility requirements of the state building code in effect at the time of first occupancy after January 1, 1978; or if constructed prior to January 1, 1978, meets the requirements of the current state building code; or

(2) The state building commissioner shall certify that construction documents for the proposed facility to be leased or rented conform to the accessibility requirements of the state building code, and the accessibility renovations shall be completed within six (6) months of the signing of the lease; or

(3) The state building code board of appeals grants a waiver from some provisions of the state building codes accessibility requirements for people with disabilities provisions with respect to state agency leasing the facility; and

(4) The governors commission on disabilities shall certify that the lessee agencys program accessibility plan ensures access to, and use of the facility to be leased or rented for people with disabilities.

(b) The governors commission on disabilities shall only certify an accessibility plan that:

(1) Would not operationally serve to deny any individual with a disability access to a service or program operated by the governmental body or public agency;

(2) Would not operationally serve to deny an employee with a disability or job applicant with a disability employment or advancement in that governmental body or public agency;

(c) The state building code board of appeals shall only grant waivers when total compliance with the disability accessibility provisions of the state building code was structurally infeasible.

(d) The state building commissioner shall reinspect all facilities leased or rented under subdivision (a)(2) or (a)(3) prior to the date(s) established in the certification or waiver for completion of any renovations required. If the state building commissioner is unable to issue a certification of compliance with the accessibility for people with disabilities provisions of the building code or the variance, then the commissioner shall inform the director of the department of administration that the facility is in noncompliance. The governors commission on disabilities shall have the right to periodically review the implementation of the accessibility plan, and inform the director of the department of administration of any noncompliance. Upon submission of said notification of noncompliance, the director of the department of administration shall take steps to ensure compliance or forward a report to the attorney general for legal action to terminate the lease.
R.I. Gen. Laws § 37-16-19 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-19
§ 37-16-19. Rehearing after vacation of award.
Status: in_force

Where an award is vacated, the court in its discretion may direct a rehearing either before the same arbitrator or arbitrators or before a new arbitrator or arbitrators to be chosen in the manner provided in the contract for the selection of the original arbitrator or arbitrators or as provided for in § 37-16-7 and any provision limiting the time in which the arbitrator or arbitrators may make a decision shall be deemed applicable to the new arbitration and shall commence from the date of the courts order.
R.I. Gen. Laws § 37-2-78 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-78
§ 37-2-78. Severability.
Status: in_force

If any part or provision of this chapter or the application of any part or provision to any person, entity, or circumstances is judged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part of or provision of or application directly involved in the controversy in which the judgment has been rendered and shall not affect or impair the validity of the remainder of this law or its application to other persons, entities, or circumstances.
R.I. Gen. Laws § 37-4-1 — RI Code / Title 37 / Chapter 37-4 / Section 37-4-1
§ 37-4-1. Maintenance and repair.
Status: in_force

Maintenance and repair of automotive equipment of the state, not otherwise or specifically assigned to any other department or agency by law, shall be vested in the department of administration, provided, however, that the maintenance and repair of motor vehicles used by the department of human services shall be vested in the department of human services.
R.I. Gen. Laws § 37-8-1.1 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-1.1
§ 37-8-1.1. Washington county courthouse in West Kingston.
Status: in_force

(a) The director of the department of administration is hereby authorized and empowered to convey or lease for a term of one hundred (100) years the existing Washington county courthouse in West Kingston to the South County center for the arts upon the completion of a new courthouse. The sale or lease shall be for the sum of one dollar ($1.00).

(b) The association shall be responsible for all costs associated with the conveyance or lease to include maintenance, repair, and upkeep.
R.I. Gen. Laws § 37-26-9 — RI Code / Title 37 / Chapter 37-26 / Section 37-26-9
§ 37-26-9. Retaliation.
Status: in_force

(a) An employer shall not discharge, threaten, or otherwise discriminate against an employee, or former employee, regarding compensation terms, conditions, locations, or privileges of employment because the employee or former employee, or a person or organization acting on the employees behalf:

(1) Reports or makes a complaint under this section, or otherwise asserts the employees rights under this section; or

(2) Participates in any investigation, hearing, or inquiry held by the director of labor and training under § 37-26-7 or § 37-26-8, or upon a review of an investigation under this section, or for participating in a private right of action brought under this chapter. In the event a contractor or subcontractor retaliates or discriminates against an employee in violation of this section, the affected employee may file an action in any court of competent jurisdiction and the court shall order reinstatement and/or restitution of the affected employee, as appropriate, with back pay to the date of the violation, and an additional amount in liquidated damages equal to two (2) times the amount of back pay and reasonable attorneys fees and costs.

(b) As used in this section, to discharge, threaten, or otherwise discriminate against any employee includes threatening to contact or contacting United States immigration authorities or otherwise threatening to report an employees suspected citizenship or immigration status or the suspected citizenship or immigration status of an employees family or household to United States immigration authorities.
R.I. Gen. Laws § 37-4-6 — RI Code / Title 37 / Chapter 37-4 / Section 37-4-6
§ 37-4-6. Insurance coverage.
Status: in_force

The state of Rhode Island shall be required to provide insurance coverage on all motor vehicles owned by the state and operated by the employees of the state of Rhode Island in the sum of one hundred thousand dollars ($100,000) per person for personal injury, three hundred thousand dollars ($300,000) per accident, and twenty thousand dollars ($20,000) for property damage.
R.I. Gen. Laws § 37-8-1.2 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-1.2
§ 37-8-1.2. Vacating by family court  Westerly townhall.
Status: in_force

When the family court vacates that portion of the Westerly town hall premises which it now owns and occupies, the director of the department of administration is hereby authorized and empowered to convey the states entire interest in the premises to the town of Westerly. The consideration for the sale shall be one dollar ($1.00). The town of Westerly shall be responsible for all costs associated with the conveyance.
R.I. Gen. Laws § 37-6-27 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-27
§ 37-6-27. Use of state property for city park purposes.
Status: in_force

(a) The state properties committee may, upon receipt of a request from a city or town, permit the use of state owned property within the city or town for park or recreational purposes. The city or town receiving permission to use state property shall be responsible for its maintenance and care.

(b) Nothing contained in this section shall be construed to pass the legal title of any property to a city or town when permission for use is granted.
R.I. Gen. Laws § 37-16-7 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-7
§ 37-16-7. Method of appointing arbitrators or umpire.
Status: in_force

If in the contract providing for arbitration, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, that method shall be followed, but if no method be provided therein, then the parties to the contract shall agree to the method of naming or appointing an arbitrator or arbitrators or an umpire and if the parties shall fail to agree, then the court or the judge thereof upon application of either of the parties after due notice to the other party shall appoint an arbitrator to hear the dispute.
R.I. Gen. Laws § 37-15-3 — RI Code / Title 37 / Chapter 37-15 / Section 37-15-3
§ 37-15-3. Definitions.
Status: in_force

As used in this chapter the following terms shall, where the context permits, be construed as follows:

(1) Community recycling center means a central collection point in a community for recyclable materials, or a point where the materials are taken after being collected to be processed.

(2) Department means the department of environmental management.

(3) Director means the director of the department of environmental management.

(4) Litter means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, on private property not owned by the person, or in or on waters of the state, unless the person has:

(i) Been directed to do so by a public official as part of a litter collection drive;

(ii) Discarded, thrown, dropped, placed, or discarded the material in a litter receptacle in a manner that prevented the material from being carried away by the elements; or

(iii) Been issued a license or permit covering the material pursuant to chapters 18.9 and 19.1 of title 23.

(5) Litter bag means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside a vehicle or watercraft.

(6) Litter receptacle means those containers adopted by the department of environmental management and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti litter symbol, as well as any other receptacles suitable for the depositing of litter.

(7) Person means any natural person, political subdivision, government agency, public or private corporation, partnership, joint venture, association, firm, individual proprietorship, or other entity whatsoever.

(8) Program means those activities of the department to encourage, manage, and fund litter control and recycling pursuant to this chapter.

(9) Public place means any area that is used or held out for use by the public whether owned or operated by public or private interests.

(10) Recycling means the reuse of recovered resources in manufacturing, agriculture, power production, or other processes.
R.I. Gen. Laws § 37-15-13 — RI Code / Title 37 / Chapter 37-15 / Section 37-15-13
§ 37-15-13. Allocation of funds.
Status: in_force

(a) The department shall allocate and distribute money from the litter control appropriation, by way of grants or transfers, to eligible persons for the following activities:

(1) Collecting litter along public streets and highways, on parks and recreation lands, and on or along the waters of the state including, but not limited to, expenditures for a youth corps litter program which is hereby created and which shall employ persons from the state. To facilitate litter collection, the department shall transfer fifty-six thousand two hundred and fifty dollars ($56,250) on July 1, 1993, October 1, 1993, January 1, 1994, April 1, 1994, and every year thereafter, to the Department of Corrections for the purposes of litter pick-up on the states highways;

(2) Establishing or expanding community recycling centers;

(3) Improving enforcement of litter laws;

(4) Purchasing litter receptacles, litter bags, collection and pickup equipment, and related materials;

(5) Designing and publishing a state anti-litter symbol;

(6) Organizing and conducting educational programs designed to increase public awareness of the litter problem, the need for compliance with anti-litter laws, the need for recycling, and the availability of community recycling centers;

(7) Conducting initial surveys of the amount and composition of litter on the public places in the state and conducting follow-up surveys to measure the progress of litter reduction and recycling programs; and

(8) Purchasing and erecting roadside signs indicating the penalties imposed for littering or the availability of community recycling centers.

(b) Any city or town that initiates a program mandating separation of certain forms of garbage, rubbish, or trash (such as newspapers, bottles, and cans) for the purpose of recycling shall be eligible to receive a grant or loan from the litter control account for that program.

(c) The department shall not use any funds for the purpose of replacing any litter pickup or rubbish removal activity presently performed by the department.

(d) The department of transportation shall continue to be responsible for the removal of litter from all state highways.
R.I. Gen. Laws § 37-8-20 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-20
§ 37-8-20. Motorcycle designated parking at public buildings.
Status: in_force

(a) In order to encourage and/or accommodate motorcycle parking and to assure, whenever possible, that designated parking spaces for motorcycles are provided in parking areas adjacent to, or within sight of, state, city, and town buildings, every state department or state agency and every agency or institution maintained by a Rhode Island city or town is required to prepare a motorcycle parking plan. Provided, however, airports within the state are not required to comply with this requirement.

(b) Motorcycle parking plans shall initially be prepared prior to November 1, 2012, and shall be promptly posted on the applicable website of the state, city, or town. In the event that a new state, city, or town building is constructed, a motorcycle parking plan shall be in effect within thirty (30) days that the building is open to the public.

(c) Each motorcycle parking plan shall include, but not be limited to, the following provisions:

(1) Wherever possible, designated parking spaces for motorcycles shall be provided in parking areas that are adjacent to, or within sight of, state, city, and town buildings;

(2) The number and placement of designated motorcycle parking spaces shall be determined as a result of motorcycle utilization by employees of state, city, and town buildings, and with input from motorcycle owners;

(3) Designated motorcycle parking places must be set aside and made available annually to state employees during the months of April through November, beginning on April 1, 2013; and

(4) Signage designating motorcycle parking spaces shall be in place by April of each year.

(d) Motorcycle parking plans may be revised as situations warrant, but must be reviewed at least once every five (5) years and revised, as necessary.

(e) The unauthorized use of a designated motorcycle parking space will result in a fine against the registered owner of the offending vehicle in the amount of eighty-five dollars ($85.00).
R.I. Gen. Laws § 37-11-1 — RI Code / Title 37 / Chapter 37-11 / Section 37-11-1
§ 37-11-1. Agreements for comprehensive coverage.
Status: in_force

The director of administration, with the approval of the governor, is hereby authorized and directed to enter into agreements with one or more insurance companies for comprehensive insurance coverage on state property to protect the state against loss from fire and other risks.
R.I. Gen. Laws § 37-2-43 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-43
§ 37-2-43. Contract clauses and their administration.
Status: in_force

(a) The chief purchasing officer is authorized to issue regulations permitting or requiring the insertion, in contracts for the procurement of supplies or services, of appropriate clauses to enable the chief purchasing officer to effect desired changes and modifications to those contracts.

(b) The chief purchasing officer shall issue regulations relating to the termination of contracts for the procurement of supplies or services in the event of (1) default of the contractor, or (2) upon notification to said chief purchasing officer by the director of the department of environmental management that there has been a final adjudication or other resolution, as a result of which a fine of five thousand dollars ($5,000) or more has been imposed, that a contractor has violated any state law or regulation pertaining to the protection of fresh water wetlands (chapter 1 of title 2), coastal wetlands, (chapter 23 of title 46), air quality (chapter 23 of title 23), water quality (chapter 12 of title 46), the installation of individual sewage disposal systems (chapter 17.1 of title 42), the handling and/or disposal of solid waste (chapter 19 of title 23) or hazardous waste (chapter 19.1 of title 23), whether or not such violation has any relation to the contract to be terminated.

(c) The chief purchasing officer shall issue regulations relating to the termination of contracts for the procurement of supplies or services for the convenience of the contractor, and/or the state.
R.I. Gen. Laws § 37-2-21 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-21
§ 37-2-21. Noncompetitive procurements.
Status: in_force

(a) Sole source. A contract may be awarded for a supply, service, or construction item without competition when, under published regulations, the chief purchasing officer or purchasing agent, determines, in writing, that there is only one source for the required supply, service, or construction item.

(b) Emergency. Notwithstanding any other provision of this chapter, the purchasing agent may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions as defined in the regulations; provided, that the emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency, and for the selection of the particular contractor, shall be included in the contract file.

(c) Noncompetitive negotiation after competitive solicitation. Contracts issued under procedures set forth in §§ 37-2-19, 37-2-20 and 37-2-59  37-2-72 may be negotiated with the successful vendor(s) subject to the provisions of § 37-2-28. A written determination of the basis for the negotiated contract and supporting the negotiated price, shall be included in the contract file.
R.I. Gen. Laws § 37-6-3 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-3
§ 37-6-3. Detail of state employees to duty with committee.
Status: in_force

Upon request of the state properties committee, the head of any department, board, bureau, or commission of the state government shall detail to the committee any state employee under his or her supervision whose assistance as professional personnel, technician, or expert, or whose services as stenographer or clerical worker shall be deemed necessary or desirable to the work of the committee, for temporary duty with the committee for periods not exceeding two (2) weeks in any one case.
R.I. Gen. Laws § 37-6-1.3 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-1.3
§ 37-6-1.3. Public disclosure of the management and disposal of property.
Status: in_force

(a) The state properties committee shall prepare and submit to the secretary of state quarterly a list containing:

(1) Any and all action(s) taken or approval(s) given pursuant to Rhode Island general laws §§ 37-7-1, 37-7-2, 37-7-3, 37-7-5, 37-7-5.1, 37-7-8, and 37-7-9;

(2) The name(s), including corporate and fictitious name(s), of all parties to any action taken or approval given;

(3) The location, by number, street, and city/town, along with tax assessors plat and lot, of any property effected by any action taken or approval given;

(4) The amount of payment or reimbursement paid or to be paid in each instance; and

(5) Location of each document, deed, and/or other instrument of conveyance and demise of land or other real property sold or leased.

(b) The secretary of state shall compile, publish, and make available for public inspection all lists prepared in accordance with this chapter.
R.I. Gen. Laws § 37-8-5 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-5
§ 37-8-5. Care and custody of State House lot.
Status: in_force

The State House lot, bounded by Smith, Francis, and Gaspee Streets, in the city of Providence, and the buildings thereon, together with all the paintings, portraits, furniture, furnishings, fittings, fixtures, apparatus, and property of all descriptions belonging to the state contained in the buildings, excepting the books of account, records, and papers of the different departments and offices, shall be in the care and custody of the department of administration.
R.I. Gen. Laws § 37-2-55 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-55
§ 37-2-55. Imprest fund.
Status: in_force

(a) Subject to the provisions of this chapter, any budget unit, when provided for by appropriation or when authorized by the department of administration, may establish one or more imprest cash funds for the purpose of making disbursements requiring prompt cash outlay and to carry out the provisions of this chapter. The state treasurer, upon warrants of the chief purchasing officer based upon a requisition from the head of the budget unit, shall pay to the head of that budget unit the amount necessary to establish an imprest fund.

(b) A custodian shall be designated by the head of the budget unit and certified by the department of administration after appropriate instruction and testing as qualified to administer the fund. The custodian shall, as often as may be necessary to replenish the fund and at least once each month, file with the chief purchasing officer a schedule of the disbursements from the fund, accompanied by appropriate vouchers and statements of indebtedness therefor approved by the head of the budget unit, and by a certificate as to the condition of the fund. The amount of the total of the approved voucher shall be paid to the custodian of the fund on the warrant of the chief purchasing officer and the amount shall be devoted to reimbursement of the fund. Any question relative to the amount to be allowed in any imprest cash fund, the expenditure thereof, the accounting therefor, and the repayment thereof to the state treasurer, shall be determined by the chief purchasing officer.

(c) The agency head shall be responsible for expenditures authorized from those funds and the custodian shall be responsible for administration of the fund. Each agency head and custodian shall be separately bonded in the amount by which the total authorization for the fund exceeds the state blanket bond for those officials.

(d) A post-audit of each imprest fund shall be conducted.

(e) Each imprest fund shall lapse with the appropriation on which it is based, but may be reestablished by appropriation for the next ensuing year or when authorized by the chief purchasing officer.

(f) Where work is done on public projects by the state through the use of its own personnel or facilities, in whole or in part, which work is not subject to the provisions of law for competitive bidding, the budget unit having that work performed may, when authorized by the chief purchasing officer, establish an imprest cash fund for the purpose of defraying the expenses of the proposed project, which fund shall not exceed at any time an amount equal to twenty-five percent (25%) of the anticipated total cost of the project.
R.I. Gen. Laws § 37-2-63 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-63
§ 37-2-63. Selection of firms for discussion with chief purchasing officer  Final selection.
Status: in_force

(a) The committee shall select no more than three (3) firms (or two (2) firms, if only two (2) apply) evaluated as being professionally and technically qualified. The firms selected, if still interested in providing the services, may be required to make a representative available to the chief purchasing officer or his or her designee at such time and place as he or she shall determine, to provide such further information as he or she may require.

(b) The chief purchasing officer or his or her designee shall negotiate with the highest qualified firm for a contract for architectural, engineering, or consultant services for state departments and agencies at compensation which the chief purchasing officer determines to be fair and reasonable to the state. In making the determination, the chief purchasing officer shall take into account the professional competence of the offerors, the technical merits of the offerors, and the price for which the services are to be rendered. The chief purchasing officer shall be responsible for the final selection of the providers of architectural, engineering or consultant services and shall so inform the purchasing agent.
R.I. Gen. Laws § 37-16-4 — RI Code / Title 37 / Chapter 37-16 / Section 37-16-4
§ 37-16-4. Stay of legal proceedings pending arbitration.
Status: in_force

If any suit or proceedings be brought upon any issue referable to arbitration under contract in writing providing for arbitration, the court in which the suit is pending upon being satisfied that the issue involved in the suit or proceedings is referable to arbitration under the contract, shall on application of one of the parties, stay the trial of the action until arbitration has been held.
R.I. Gen. Laws § 37-18-12 — RI Code / Title 37 / Chapter 37-18 / Section 37-18-12
§ 37-18-12. Expiration of the corporation.
Status: in_force

Upon presentation of evidence to the Narragansett Indian land management corporation and the Rhode Island secretary of state that the Indian corporation known as the Narragansett Tribe of Indians has applied for and been granted by the United States government pursuant to 25 U.S.C. § 1707 and 25 Code of Federal Regulations, Part 83, federal recognition as an Indian tribe with inherent rights, powers, and responsibilities possessed by Indian tribes in the United States, the Narragansett Indian land management corporation shall expire thirty (30) days after the presentation of the evidence. Prior to its expiration, the corporation shall prepare and submit to the general assembly a final report of its termination activities.
R.I. Gen. Laws § 37-13-10 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-10
§ 37-13-10. Overtime compensation.
Status: in_force

Labor performed under the provisions of §§ 37-13-1  37-13-16, during the period of forty (40) hours in any one week and during the period of eight (8) hours in any one day, shall be considered a legal weeks work or a legal days work, as the case may be, and any number of hours of employment in any one week greater than the number of forty (40) hours or in any one day greater than the number of eight (8) hours shall be compensated at the prevailing rate of wages for overtime employment; provided, however, when the director of labor and training has determined in the investigation provided for in §§ 37-13-7 and 37-13-8 that there is a prevailing practice in a city, town, or other appropriate political subdivision to pay an overtime rate of wages for work of any craft, mechanic, teamster, laborer, or type of worker needed to execute the work other than hours worked in any one week greater than the number of forty (40) or in hours worked in any one day greater than the number of eight (8), then the prevailing practice shall determine the legal workday and the legal workweek in the city or town for the work and the prevailing rate of overtime wages shall be paid for such work in excess of that legal workday or week, as the case may be.
R.I. Gen. Laws § 37-7-12 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-12
§ 37-7-12. Use of Indian meetinghouse in Charlestown.
Status: in_force

The right to use and occupy for purposes of religious worship the Indian meetinghouse in Charlestown and the lot of land containing about two (2) acres upon which the meetinghouse stands, together with a suitable right of way leading to and from the lot of land and the nearest highway, to be laid out, bounded, and defined by the board of commissioners of the Indian tribe appointed under the provisions of chapter 800 of the public laws passed March 31, 1880, is granted to the religious society now occupying the meetinghouse during such time as they shall use the same for the purposes of religious worship.
R.I. Gen. Laws § 37-2-64 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-64
§ 37-2-64. Professional services  Architectural and engineering services  Public agency.
Status: in_force

It shall be the policy of public agencies to publicly announce requirements for architectural and engineering services, which are reasonably estimated to exceed twenty thousand dollars ($20,000), and to negotiate contracts for those professional services on the basis of demonstrated competence and qualifications and at fair and reasonable prices.
R.I. Gen. Laws § 37-18-7 — RI Code / Title 37 / Chapter 37-18 / Section 37-18-7
§ 37-18-7. Transfer of property  Restrictions on use.
Status: in_force

(a) Subject to the provisions of §§ 37-18-12, 37-18-13, and 37-18-14, upon the adoption of a land use plan accepted by the town and the corporation pursuant to § 37-18-10 and the satisfaction of the requirements set forth in § 37-18-8, the governor is authorized, empowered, and directed to transfer, assign, and convey to the corporation in fee simple all the right, title, and interest of the state in and to the following approximately nine hundred (900) acres of real estate located in the town;

(1) The Indian Cedar Swamp management area;

(2) Indian Burial Hill; and

(3) The state land around Deep Pond.

(b) Provided, however, that the state shall retain control of and public access shall be guaranteed to an adequate fishing area within the state land around Deep Pond, and provided, further, that the governor is only authorized, empowered, and directed to transfer, assign, and convey to the corporation the real estate which is located around Deep Pond upon the governors making a finding that the required and appropriate federal approval of the transfer has been obtained so that the transfer will not affect, in any adverse manner, any benefits received by the state under the Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 16 U.S.C. § 777 et seq.

(c) Upon the same findings and determinations outlined above, the governor is authorized, empowered, and directed to transfer, assign, and convey to the corporation and its assigns a mutually acceptable exclusive (except as to lateral crossing) right and easement to pass by foot and vehicle over a forty-five foot (45²) wide strip of state land located within the town between Kings Factory Road and Watchaug Pond, and to use an area at the end of the strip sufficiently large for the parking of automobiles and the launching of boats.

(d) The authority herein granted to the governor shall be in addition to any other authority conferred upon him or her by law. The real estate conveyed by the state to the corporation pursuant to the provisions of this section shall be held in perpetuity for conservation purposes and shall not be improved or developed by the corporation.
R.I. Gen. Laws § 37-9-4 — RI Code / Title 37 / Chapter 37-9 / Section 37-9-4
§ 37-9-4. Selection of staff.
Status: in_force

The director of administration shall select any clerical and other staff necessary to the administration of duties of the state auditorium.
R.I. Gen. Laws § 37-8-16 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-16
§ 37-8-16. Walkie-talkies portable communications for capitol police.
Status: in_force

All members of the capitol police who are assigned to the state house shall be supplied and have on their person a portable communications device while on their tour of duty.
R.I. Gen. Laws § 37-6-28 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-28
§ 37-6-28. Compliance with federal law.
Status: in_force

The state of Rhode Island and any and all of its agencies and departments are hereby authorized to comply fully with the pertinent provisions of the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., and any subsequent amendments thereto, by making all of the payments authorized and set forth in the federal act and by providing any and all of the services as set forth in the federal act.
R.I. Gen. Laws § 37-13-9 — RI Code / Title 37 / Chapter 37-13 / Section 37-13-9
§ 37-13-9. Statutory provisions included in contracts.
Status: in_force

A copy of §§ 37-13-5, 37-13-6, and 37-13-7 shall be inserted in all contracts for public works or school transportation services awarded by the state, any city, town, committee, an authorized agency, or awarding authority thereof, or any person or persons in their behalf in which state or municipal funds are used if the contract price is in excess of one thousand dollars ($1,000).
R.I. Gen. Laws § 37-6-30 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-30
§ 37-6-30. Registry of leases.
Status: in_force

(a) The chief purchasing officer as defined in subsection 37-2-7(3) shall cause to be established a registry of leases which shall be indexed and copies shall be kept of all leases entered into by the state or any of its agencies. The state and any department, board, bureau, commission, officer, or agency of the state entering into a lease agreement shall submit a copy of the lease to the chief purchasing officer for inclusion in the registry of leases no later than three (3) business days after execution of the lease. The registry shall index leases by property location, name and address of lessor and lessee, date of execution, and date of expiration. The registry shall contain certificates of compliance issued by all public corporations and quasi-public agencies that have fulfilled the requirements of subsection (c) herein. All leases entered into the registry on or after July 1, 2008 shall remain in the registry for five (5) years subsequent to the date of expiration of the lease. The chief purchasing officer shall maintain the registry of leases and copies of the registry and all leases and certificates of compliance contained therein shall be made available for public inspection. The chief purchasing officer shall post on the divisions website the registry of leases and each lease contained therein no later than three (3) business days after receipt of each lease.

(b) The chief purchasing officer shall electronically transmit the registry of leases and certificates of compliance to the secretary of state for posting online, in accordance with rules and regulations which shall be promulgated by the secretary of state. Thereafter, the chief purchasing officer shall electronically transmit to the secretary of state for posting online, each lease and certificate of compliance described in subsection (a) no later than three (3) business days after receipt of the lease. This requirement of electronic transmission of the registry of leases and subsequently executed leases and certificates of compliance with the secretary of state shall take effect on January 1, 2009.

(c) Notwithstanding any other provision to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in subsection 35-20-5(4) and quasi-public agencies shall cause to be established a registry of all its leases which shall be indexed, and copies shall be kept of all such leases. Each public corporation or quasi-public agency shall maintain a registry of its leases and copies of the registry and all leases contained therein shall be made available for public inspection. The public corporation or quasi-public agency shall post on its website the registry of leases and each lease contained therein no later than three (3) business days after execution of each lease. The registry shall index leases by property location, name and address of lessor and lessee, date of execution, and date of expiration. All leases entered into the registry on or after July 1, 2008 shall remain in the registry for five (5) years subsequent to the date of expiration. The public corporation or quasi-public agency shall electronically transmit the registry of leases to the secretary of state for posting online, in accordance with rules and regulations which shall be promulgated by the secretary of state. Thereafter, the public corporation or quasi-public agency shall electronically transmit to the secretary of state for posting online, each lease described herein no later than three (3) business days after the execution of the lease. Once the electronic transmission has been completed, the public corporation or quasi-public agency shall issue no later than three (3) business days after the execution of the lease a certificate stating its compliance with the requirements of this subsection to the chief purchasing officer. This requirement of electronic transmission of the registry of leases and subsequently executed leases with the secretary of state shall take effect on January 1, 2009.

(d) The secretary of state shall maintain, on the agencys website, an online database of leases and certificates of compliance required by this chapter. The online database shall be organized to promote transparency and be easily accessible to the public. The online database shall be searchable by property, location, name and address of lessor and lessee, date of execution, and date of expiration.
R.I. Gen. Laws § 37-7-8 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-8
§ 37-7-8. Grant of easements and rights of way over acquired lands.
Status: in_force

Whenever, in the opinion of the acquiring authority, an easement or right of way may be granted in land owned or held by the state without thereby jeopardizing the interests of the state, and the granting of the easement or right of way will be for the public good, the acquiring authority, with the approval of the state properties committee, is hereby authorized and empowered to grant the easement or right of way by proper instrument, approved as to substance by the director of administration and as to form by the attorney general, for such consideration, and in such manner and upon such terms and conditions as may, in the judgment of the state purchasing agent, be most advantageous to the public interest.
R.I. Gen. Laws § 37-4-2 — RI Code / Title 37 / Chapter 37-4 / Section 37-4-2
§ 37-4-2. Automotive equipment fund established.
Status: in_force

The general treasurer is hereby authorized and directed to establish an account to be known as the automotive equipment fund, which shall be administered in accordance with the provisions of this chapter.
R.I. Gen. Laws § 37-2-14 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-14
§ 37-2-14. Relationship with user agencies.
Status: in_force

The purchasing agent shall maintain a close and cooperative relationship with the using agencies of the state. Any using agency may at any time make recommendations concerning procurement to the purchasing agent.
R.I. Gen. Laws § 37-26-4 — RI Code / Title 37 / Chapter 37-26 / Section 37-26-4
§ 37-26-4. Overtime compensation.
Status: in_force

Any hours worked in any one week beyond forty (40) hours, or in any one day beyond eight (8) hours, for work subject to the provisions of this chapter shall be compensated at the rate of one and one-half (1Â½) of the standard wage, in addition to the standard benefit and standard paid leave.
R.I. Gen. Laws § 37-2-53 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-53
§ 37-2-53. Written determination for continuation of the procurement.
Status: in_force

In the event of a protest timely filed under § 37-2-52(b), the state shall not proceed further with the solicitation or award involved until the chief purchasing officer makes a written and adequately supported determination that continuation of the procurement is necessary to protect a substantial interest of the state.
R.I. Gen. Laws § 37-6-15 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-15
§ 37-6-15. Service of notice of condemnation.
Status: in_force

After the filing of the description, plat, and statement, a notice of the taking of the land or other real property shall be served upon the owner and persons having an estate or right in or who are interested in the land or other real property by any deputy sheriff, or constable for the county in which the land or other real property is situated. The officer who shall leave a true and attested copy of the description and statement with each of the persons personally or at their last and usual place of abode in this state with some person living there, and in case any of the persons are absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the person or persons, if any, in charge of, or having possession of, the land or other real property taken of the absent persons, and another copy thereof shall be mailed to the address of the absent persons, if the same is known to the officer serving the notice.
R.I. Gen. Laws § 37-18-6 — RI Code / Title 37 / Chapter 37-18 / Section 37-18-6
§ 37-18-6. Powers and duties.
Status: in_force

The corporation shall have the following powers, together with all powers incidental thereto or necessary for the performance of those hereinafter stated:

(a) To have perpetual succession as a body corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;

(b) To sue and be sued, complain, and defend, in its corporate name; provided, however, the corporation shall have no standing in any zoning or other administrative or judicial proceeding involving land presently owned by castle realty company in the town;

(c) To have a seal which may be altered at pleasure and to use the seal by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced;

(d) To purchase, take, receive, lease, or otherwise acquire from any person, firm, corporation, municipality, the federal government, or state, by grant, purchase, lease, or gift, or to obtain options for the acquisition of any personal property and the real property situated in the town and defined as the settlement lands in that joint memorandum of understanding concerning settlement of the Rhode Island Indian land claims dated February 28, 1978, and related to the lawsuits entitled Narragansett Tribe of Indians v. Rhode Island Director of Environmental Management, and Narragansett Tribe of Indians v. Southern Rhode Island Land Development Co., et al., C. A. Nos. 75-0005, 75-0006 (U.S. D. R.I.), improved or unimproved, and interests in the land less than the fee thereof; and to own, hold, clear, improve, develop, and rehabilitate the land subject to the restrictions set forth in §§ 37-18-7 and 37-18-10;

(e) To make and execute agreements of lease, mortgages, construction contracts, operation contracts, and other contracts and instruments necessary or convenient in the exercise of the powers and functions of the corporation granted by this chapter; provided, however, that any liabilities incurred shall be payable solely from the revenues of the corporation;

(f) To invest and reinvest its funds;

(g) To conduct its activities, carry on its operations, and have offices and exercise the powers granted by this chapter within the state;

(h) To elect or appoint officers and agents of the corporation, define their duties, and fix their compensation;

(i) To secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of the corporation;

(j) To accept grants, donations, gifts, loans of funds, and contributions of money, services, materials, or otherwise, from the United States or any of its agencies, from the state or any of its agencies, or from any other source, and to use or expend money, services, materials, or other contributions in carrying out the purpose of this chapter;

(k) To enter into agreements to pay annual sums in lieu of taxes to the town in respect to real property which is owned by the corporation and is located in the town;

(l) To employ, in its discretion, attorneys, accountants, architectural and engineering consultants, financial consultants, and such other employees, except an executive director, and agents as it shall deem necessary in its judgment and to fix their compensation;

(m)(1) To grant or otherwise convey (whether voluntarily or involuntarily, including any eminent domain or condemnation proceedings) easements for public or private purposes;

(2) The corporation shall have the power to and shall grant to the Providence boys club or its successors in interest a reasonable right of way over the real property held by the corporation if any real property held by the Providence boys club or its successors in interest requires such a right of way as a means of access to a public right of way;

(3) The corporation shall have the power to and shall grant to the state a mutually acceptable right and easement to pass by foot and vehicle over a forty-five foot (45²) wide strip of land located within the town and in the Indian Cedar Swamp management area between Kings Factory road and the Pawcatuck River, and to use an area of the end of the strip sufficiently large for the parking of automobiles and the launching of boats;

(n) To adopt rules and regulations concerning hunting and fishing rights on the corporations land subject to the provisions of § 37-18-8;

(o) To bring proceedings to remove clouds on title or such other proceedings as it may, in its discretion, deem proper and necessary;

(p) To have and exercise all powers necessary or convenient to effect its purposes; provided, however, the corporation shall have no power to sell, grant, convey, transfer, or otherwise alienate land or any interest therein other than as specifically provided in subsection (m) of this section.
R.I. Gen. Laws § 37-8-13 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-13
§ 37-8-13. Offices of department  Annual report.
Status: in_force

The department shall have an office in the State House or in the state office building, and shall annually in the month of January make a report to the general assembly of its doings for the preceding calendar year.
R.I. Gen. Laws § 37-6-1.2 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-1.2
§ 37-6-1.2. Training requirements.
Status: in_force

The committee shall conduct a training course for newly appointed and qualified members within six (6) months of their qualification or designation. The course shall be developed by the chair of the committee, be approved by the committee, and be conducted by the chair of the committee. The committee may approve the use of any committee and/or staff member and/or individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapters 42-46, 36-14 and 38-2; and the committees rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act [July 7, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.
R.I. Gen. Laws § 37-2-51 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-51
§ 37-2-51. Decision presumed to be correct.
Status: in_force

The decision of any official, board, agent, or other person appointed by the state concerning any controversy arising under or in connection with the solicitation or award of a contract shall be entitled to a presumption of correctness. The decision shall not be disturbed unless it was: procured by fraud; in violation of constitutional or statutory provisions; in excess of the statutory authority of the agency; made upon unlawful procedure; affected by other error or law; clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; arbitrary; capricious; characterized by an abuse of discretion; or clearly unwarranted exercise of discretion.
R.I. Gen. Laws § 37-12-5 — RI Code / Title 37 / Chapter 37-12 / Section 37-12-5
§ 37-12-5. Time limitation on creditors actions.
Status: in_force

No suit instituted under § 37-12-2 shall be commenced after the expiration of two (2) years, or under the maximum time limit as contained within any labor or material payment bond required under § 37-12-1, whichever period is longer, after the day on which the last of the labor was furnished or performed or material or equipment was furnished or supplied by any person claiming under the section.
R.I. Gen. Laws § 37-8-6.3 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-6.3
§ 37-8-6.3. Painting of state seals.
Status: in_force

The thirteen (13) state seals displayed above the senate chamber shall be painted with the authentic colors as officially adopted by the state which they represent.
R.I. Gen. Laws § 37-8-11 — RI Code / Title 37 / Chapter 37-8 / Section 37-8-11
§ 37-8-11. Operation of state house restaurant  Sales stands.
Status: in_force

(a) The department may make such arrangements as it deems advisable for the operation of the restaurant in the State House. It may lease the restaurant and may regulate the sale of newspapers and other articles within the building. All money received by it from these or any other sources shall be paid to the general treasurer monthly.

(b) All positions in the State House restaurant shall be in the classified service of the state. Employees of the restaurant on June 13, 1963, shall be granted permanent status in classified positions as determined by the personnel administrator. Notwithstanding any prior contractual bases of employment supported by the state house restaurant rotary fund, the employees are herewith specifically granted the longevity increases of employees in the classified service from the date of their original employment in the restaurant.
R.I. Gen. Laws § 37-6-25 — RI Code / Title 37 / Chapter 37-6 / Section 37-6-25
§ 37-6-25. Liberal construction  Technicalities  Severability.
Status: in_force

The provisions of this chapter and §§ 37-7-1  37-7-9 shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to the state properties committee or the acquiring authority by the provisions thereof, the statement thereof shall not be held to exclude or impair any implied and incidental powers and such additional powers, not inconsistent with any express provisions of this chapter and §§ 37-7-1  37-7-9, which may constitutionally be conferred upon it, as may be proper and reasonably necessary to effectuate the purposes of this chapter and §§ 37-7-1  37-7-9. No order, rule, regulation, or action of the state properties committee shall be declared inoperative, illegal, or void for any omission of a technical nature in respect thereto. If any provision of this chapter or §§ 37-7-1  37-7-9, or any order, rule, or regulation made or action performed under them, or the application of a provision to any person or under any circumstances shall be held invalid by a decision of any court of competent jurisdiction, the remainder of this chapter and §§ 37-7-1  37-7-9, or of the order, rule, regulation, or action and the application of a provision to other persons or under other circumstances, shall not be affected by the decision. The invalidity of any section or sections or parts of any section or sections of this chapter or of §§ 37-7-1  37-7-9, shall not affect the validity of the remainder of the chapter and sections, and it is hereby declared to be the legislative intent that the chapter and sections would have been enacted if the invalid parts had not been included therein.
R.I. Gen. Laws § 37-23-5 — RI Code / Title 37 / Chapter 37-23 / Section 37-23-5
§ 37-23-5. Training program.
Status: in_force

The Board of Safety Awareness has endorsed the Occupational Safety and Health Administrations (OSHA) Outreach Training Program as the training program through which OSHA authorizes trainers to teach ten (10) hour and thirty (30) hour construction industry occupational safety and health standards, through which successful completion shall be documented.
R.I. Gen. Laws § 37-24-3 — RI Code / Title 37 / Chapter 37-24 / Section 37-24-3
§ 37-24-3. Definitions.
Status: in_force

For purposes of this chapter, the following definitions shall apply:

(1) Construction means the process of building, altering, repairing, improving, or demolishing forty percent (40%) or more of any public structures, public buildings, public real property or other public improvements of any kind to any public structures, public buildings or public real property.

(2) Department means the department of administration.

(3) Equivalent standard means a high-performance green building standard, other than LEED, LEED for Neighborhood Development, and SITES, that provides an independent, third-party verification and certification of a rating system or measurement tool, that, when used, leads to outcomes equivalent to, LEED, LEED for Neighborhood Development, and SITES outcomes, in terms of green building, green infrastructure, and green site performance; current accepted equivalent standards include green globes, Northeast collaborative high-performance schools protocol; or other equivalent high-performance green building, green infrastructure, and green site standards accepted by the department.

(4) LEED also, LEED for Neighborhood Development, and SITES certified standard means the current version of the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating standard referred to as LEED, LEED for Neighborhood Development, and SITES certified. SITES means the U.S. Green Building Councils SITES  The Sustainable SITES Initiative.

(5) Public agency means every state or municipal office, board, commission, committee, bureau, department, or public institution of education, or any political subdivision thereof.

(6) Public facility means any public institution, public facility, public equipment, or any physical asset owned, including its public real-property site, leased or controlled in whole or in part by this state, a public agency, a municipality or a political subdivision, that is for public or government use.

(7) Public major facility project means:

(i) A public facility building construction project larger than ten thousand (10,000) gross square feet of occupied or conditioned space, and its public real-property site; or

(ii) A public facility building renovation project larger than ten thousand (10,000) gross square feet of occupied or conditioned space, and its public real-property site.
R.I. Gen. Laws § 37-23-9 — RI Code / Title 37 / Chapter 37-23 / Section 37-23-9
§ 37-23-9. Subpoena of a witness.
Status: in_force

The department of labor and training shall have the power to subpoena and bring before it or the board of safety awareness any witness to give testimony either orally or by deposition, or both.
R.I. Gen. Laws § 37-5-2 — RI Code / Title 37 / Chapter 37-5 / Section 37-5-2
§ 37-5-2. Maintenance and construction of roads  Regulation of use  Cooperation with other agencies.
Status: in_force

(a) The department shall maintain and construct highways, roads, freeways, bridges, and incidental structures, and shall make rules and regulations regarding the use of highways, roads, freeways, bridges, and structures. The department shall cooperate with the several cities and towns in the construction of highways, roads, freeways, and bridges, and with the federal government on federal aid projects. Whenever a public utility files an application with the department for permission to excavate a state maintained road in order to extend its service, the department shall send a notice by certified mail to the town or city clerk of the municipality in which the excavation is to take place.

(b) Any contractor hired by the department to perform work shall notify a city or town that a subcontractor has been hired by the contractor to perform work in that city or town. The notification shall include the name and address of each contractor and subcontractor.
R.I. Gen. Laws § 37-7-5 — RI Code / Title 37 / Chapter 37-7 / Section 37-7-5
§ 37-7-5. Lease or sale of land acquired by purchase, devise or gift  Permitting use by others.
Status: in_force

(a) The acquiring authority, with the approval of the state properties committee, is authorized and empowered to rent or lease for a period not exceeding ten (10) years with an option for one renewal for a further period of ten (10) years any land or other real property acquired by purchase, devise, or gift as may not for the time be required for public use in such manner and upon such terms and conditions as may, in the judgment of the state purchasing agent, be most advantageous to the public interest. Provided, however, that with the approval of the state properties committee, the Rhode Island board of governors for higher education may enter into ground leases for real property owned by the board for a period not exceeding ninety-nine (99) years with four (4) options for renewal for a further period of ninety-nine (99) years each for educational and other purposes consistent with the mission of the institution. The acquiring authority, with the approval of the state properties committee, is hereby authorized and empowered to sell land or property in whole, or in part, in such manner and upon such terms and conditions as may in the judgment of the state purchasing agent be most advantageous to the public interest, and convey the land or property by proper deed or instrument; provided, however, that the acquiring authority shall first offer the land or property for sale to the city or town wherein the land or property is situated at the fair market value of the property. A first right to purchase the land or property shall be conclusively presumed to have been waived in the event a written offer to sell the land or property, containing the terms of the offer, shall have been sent by registered or certified mail to the city or town clerk, as the case may be, wherein the land and property are situated and the offer shall not have been accepted within thirty (30) days from the date of the mailing. In the event that the city or town wherein the land or property is situated shall refuse to buy the property or land or waive its right to the first option to purchase, then, in that event the acquiring authority shall be at liberty to sell the land or property to the highest bidder at public sale after advertising the time, place, and conditions of the sale at least once a week for at least three (3) weeks preceding the sale in at least one newspaper published in the county in which the land or property is situated. The acquiring authority may at any time, with the approval of the governor, after notice to the state properties committee, permit the use of any land or property to the government of the United States or to any town or city within the state of Rhode Island, and may, if the governor declares the necessity therefor by reason of any emergency, allow the temporary use of the land or property to any person, persons, association, or corporation.

(b) The acquiring authority is hereby authorized to execute proper deeds and other instruments of conveyance and demise for land or other real property sold or leased which deeds and instruments shall in each case be approved as to substance by the director of administration and as to form by the attorney general.
R.I. Gen. Laws § 37-2-48 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-48
§ 37-2-48. Arbitration.
Status: in_force

The provisions of chapter 16 of this title shall apply to all contracts awarded under this chapter.
R.I. Gen. Laws § 37-15-1 — RI Code / Title 37 / Chapter 37-15 / Section 37-15-1
§ 37-15-1. Statement of policy.
Status: in_force

Recognizing the ever increasing mobility of the people of Rhode Island as well as the fundamental need for a healthful, clean, and beautiful environment; and further recognizing that the proliferation and accumulation of litter discarded throughout this state impairs this need and constitutes a public health hazard; and further recognizing the need to conserve energy and natural resources; and further recognizing that there is an imperative need to anticipate, plan for, and accomplish effective litter control and recover and recycle waste materials pertinent to litter with the subsequent conservation of resources and energy, there is hereby enacted this litter control and recycling chapter.
R.I. Gen. Laws § 37-2-25 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-25
§ 37-2-25. Prequalification of contractors  General.
Status: in_force

The chief purchasing officer may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction. Solicitation mailing lists of potential contractors of the supplies, services, and construction shall include but need not be limited to prequalified contractors. Prequalification shall not foreclose a written determination:

(1) Between the time of the bid opening or receipt of offers and the making of an award, that a prequalified supplier is not responsible; or

(2) That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.
R.I. Gen. Laws § 37-2-1 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-1
§ 37-2-1. Purchasing agent  Appointment  Duties.
Status: in_force

Within the department of administration there shall be a purchasing agent who shall be appointed by the chief purchasing officer with the approval of the governor, and who shall now and hereafter be in the classified service of the state. The purchasing agent shall exercise the powers and duties as set forth in this chapter.
R.I. Gen. Laws § 37-2-75 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-75
§ 37-2-75. Prohibition against the use of lead based paints.
Status: in_force

When purchasing paint products or contracting or subcontracting for painting, construction, improvement, completion, or repair of any public building, any public road, any public bridge, or any public construction, all governmental bodies and public agencies, as defined by §§ 37-2-7(11) and 37-2-7(16), shall be prohibited from the use of lead based paint.
R.I. Gen. Laws § 37-4-3 — RI Code / Title 37 / Chapter 37-4 / Section 37-4-3
§ 37-4-3. Transfers from motor equipment service rotary fund.
Status: in_force

From time to time, as the governor shall direct, there shall be transferred to the automotive equipment fund such portions of the surplus then remaining in the motor equipment service rotary fund previously established by executive order.
R.I. Gen. Laws § 37-2-27.2 — RI Code / Title 37 / Chapter 37-2 / Section 37-2-27.2
§ 37-2-27.2. Procurement of construction manager at-risk services  Owners program manager.
Status: in_force

(a) In order to bring the experience and knowledge necessary to maximize the benefits of the construction manager at-risk method of construction management, a using agency shall procure an owners program manager as set forth in § 37-2-7(32) prior to procuring a construction manager at-risk. The owners program manager shall have at least seven (7) years experience in the construction and supervision of the construction of buildings of similar size and complexity. The owners program manager shall not have been employed during the preceding year by the design firm, the construction management at-risk firm, and/or the subcontractors associated with the project.

(b) Notwithstanding any other provision of this section or of the general or public laws to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in § 35-20-5(4) and public agencies as defined in § 37-2-7(16), shall be subject to and shall comply with the terms of this section.