reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-6. - Price readjustments — Public works contracts.

§ 42-13-6. Price readjustments — Public works contracts.
(a)
Notwithstanding the provisions of any law to the contrary, the state and any municipality may adjust unit prices for crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete, required in order to complete performance of construction contracts awarded on or before December 31, 1973; provided, that the cost f.o.b. the supplier has increased more than twenty percent (20%) between the date the bids were publicly opened and read and the date the crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete were purchased, and that the increase in cost of said crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete was the result of national shortages as a result of the energy crisis, so-called.
(b)
The state and any municipality shall not enter into any such renegotiation of the contract unless it has first obtained Federal Highway Administration approval for matching funds; and provided further that any such supplemental agreement shall release the state or municipality from any and all further claims from the contractor with regard to the substance of that agreement.
(c)
Price adjustments authorized by this section shall be computed to compensate the contractor only for the difference in cost of crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete between said dates with no allowance for overhead or profit and with consideration given to the profit potential to the contractor on the construction contract. In arriving at the adjusted unit price, the determination of the state or municipality shall be final as to: (1) which unit prices are to be adjusted as a result of the energy crisis, so-called; (2) the cost of crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete at the date the bids were opened; (3) the cost of crude oil, residual fuel oil, and liquid asphalt used in bituminous concrete at the date of purchase; (4) the quantity to be adjusted; and (5) the price adjustment due the contractor.
(d)
Upon request by the state or municipality, the contractor shall make his or her records available for audit by the state or municipality to verify the increased costs.
History of Section.
G.L. 1956, § 42-13-6; P.L. 1975, ch. 263, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-6.1. - Price readjustments — Certain public works contracts.

§ 42-13-6.1. Price readjustments — Certain public works contracts.
(a)
Notwithstanding any provision of the general or public laws to the contrary, the department of transportation may adjust for changes in the unit prices for steel required in order to complete performance of highway and bridge construction contracts awarded on or before July 1, 2004.
(b)
Price adjustments authorized by this section shall be computed to compensate the contractor only for the difference between:
(1)
The cost of steel at the date the bids were opened; and
(2)
The cost of steel at the date of purchase with no allowance for overhead or profit on the construction contract.
(c)
In arriving at the adjusted unit price, the determination of the state department of transportation shall be final as to:
(1)
Cost of steel at the date the bids were opened;
(2)
The cost of steel at the date of purchase;
(3)
The quantity to be adjusted; and
(4)
The price adjustment due the contractor. The methodology for calculating the price adjustment will be determined by the department of transportation.
(d)
Upon request by the department of transportation, the contractor shall make his, her or its records available for audit by the state or municipality to verify the increased costs.
History of Section.
P.L. 2004, ch. 433, § 1; P.L. 2004, ch. 525, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-7. - Transfer of services from department of transportation.

§ 42-13-7. Transfer of services from department of transportation.
There are hereby transferred to the department of administration:
(1)
Those functions of the department of transportation which were administered through or with respect to departmental programs in the performance of strategic planning as defined in § 42-11-10(c);
(2)
All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of transportation who were performing strategic planning functions as defined in § 42-11-10(c); and
(3)
So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of transportation as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and (2).
History of Section.
P.L. 1985, ch. 181, art. 29, § 9.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-8. - Maintenance of drainage systems — Consent decree compliance.

§ 42-13-8. Maintenance of drainage systems — Consent decree compliance.
The Rhode Island department of transportation (RI DOT) shall, on or before December 15 of each year, provide an annual report to the speaker of the house of representatives and the president of the senate illustrating its compliance with the consent decree issued by the United States District Court in the case of United States of America v. Rhode Island Department of Transportation (Civil Action No. CV-15-433), which requires maintenance of drainage systems in compliance with all applicable federal, state, and local laws, ordinances or regulations.
History of Section.
P.L. 2016, ch. 509, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-1. - Short title.

§ 42-13.1-1. Short title.
This chapter shall be known and may be cited as “The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund Act of 2016.”
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-3. - Definitions.

§ 42-13.1-3. Definitions.
As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning:
(1)
“Availability payment” means a payment by the department under a contract for a toll facility or any other facility that is based on the availability of the facility at a specified performance level and may include, without limitation, compensation for operations, maintenance, and financing of the facility.
(2)
“Department” means the department of transportation, or, if the department shall be abolished, the board, body, or commission succeeding to the principal functions thereof or upon whom the powers given by chapter 5 of title 37 to the department shall be given by law.
(3)
“Large commercial truck” shall be defined pursuant to the Federal Highway Administration (FHWA) vehicle classification schedule as any vehicle within Class 8 - single trailer, three (3) or four (4) axles, up to and including Class 13 - seven (7) or more axle multi-trailer trucks, as such classifications may be revised from time to time by the FHWA.
(4)
“Other vehicle” means any vehicle that has not been defined pursuant to this chapter as a large commercial truck.
(5)
“Passenger vehicle” shall be defined pursuant to the Federal Highway Administration (FHWA) vehicle classification schedule as any vehicle within Class 1, 2, and 3 as such classifications may be revised from time to time by the FHWA.
(6)
“Radio frequency identification transponder” or “RFID” means a toll collection system approved by the department that may consist of a toll tag placed inside the vehicle and an overhead antenna that reads the toll tag and collects the toll.
(7)
“Toll evader” means, for the purposes of this chapter, any registered owner of any large commercial truck that passes through any electronic tolling location as authorized pursuant to § 42-13.1-4 and who does not pay the required toll and/or fees, fines, or penalties within the maximum allowable period specified under § 42-13.1-11.
(8)
“Toll facility” means equipment or capital improvements funded in whole or in part by toll revenue, or required to effectuate toll collection.
(9)
“Turnpike and bridge authority” means the Rhode Island turnpike and bridge authority (RITBA), a public instrumentality of the state of Rhode Island, created by the general assembly pursuant to chapter 12 of title 24.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-4. - Authority to collect tolls on large commercial trucks only.

§ 42-13.1-4. Authority to collect tolls on large commercial trucks only.
(a)
The department is hereby authorized to fix, revise, charge, and collect tolls for the privilege of traveling on Rhode Island bridges to provide for replacement, reconstruction, maintenance, and operation of Rhode Island bridges. The tolls shall be fixed after conducting a cost-benefit analysis and providing an opportunity for public comment. The tolls shall be collected on large commercial trucks only and shall not be collected on any other vehicle; provided, however, no vehicle shall be tolled other than a tractor or truck tractor as defined in 23 C.F.R. 658.5, pulling a trailer or trailers. No act authorizing tolls on passenger vehicles pursuant to this chapter shall take effect until it has been approved by the majority of those electors voting in a statewide referendum. The secretary of state shall certify the results of the statewide referendum. Tolls on large commercial trucks may be implemented utilizing all-electric toll collection methodologies on a cash-less basis, or utilizing any other methodologies determined by the department.
(b)
Subject to § 42-13.1-14, the department will establish a program to limit the assessment of the tolls upon the same individual large commercial truck using a RFID to once per toll facility, per day in each direction, or an equivalent frequency use program based upon individual large commercial truck use.
(c)
Subject to § 42-13.1-14, the total amount of tolls imposed upon the same individual large commercial truck using a RFID for making a border-to-border through trip on Route 95 Connecticut to Route 95 Massachusetts, or the reverse, shall not exceed twenty dollars ($20.00).
(d)
Subject to § 42-13.1-14, the daily maximum amount of the tolls collected upon the same individual large commercial truck using a RFID shall not exceed forty dollars ($40.00).
(e)
Tolls shall not be subject to supervision or regulation by any commission, board, bureau, agency, or official of the state or any municipality or other political subdivision of the state except the department.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-5. - Collection of tolls on passenger cars and other vehicles expressly prohibited.

§ 42-13.1-5. Collection of tolls on passenger cars and other vehicles expressly prohibited.
Notwithstanding any other provisions of this statute, the department is expressly prohibited from collecting tolls hereunder on other vehicles, herein defined to include motorcycles, passenger cars, and all other vehicles classed one through seven (7) pursuant to the Federal Highway Administration (FHWA) vehicle classification schedule.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-6. - Rhode Island bridge replacement, reconstruction and maintenance fund established.

§ 42-13.1-6. Rhode Island bridge replacement, reconstruction and maintenance fund established.
(a)
There is hereby created a special account in the intermodal surface transportation fund, as established in § 31-36-20, to be known as the Rhode Island bridge replacement, reconstruction, and maintenance fund (“the fund”).
(b)
The fund shall consist of all those monies received by the department under this chapter, including:
(1)
The monies received through the collection of tolls on bridges in Rhode Island;
(2)
Any fees, fines, or penalties collected pursuant to this chapter; and
(3)
Investment earnings on amounts credited to the fund.
(c)
Unexpended balances and any earnings thereon shall not revert to the general fund but shall remain in the Rhode Island bridge replacement, reconstruction, and maintenance fund. There shall be no requirement that monies received into the fund during any given calendar year or fiscal year be expended during the same calendar year or fiscal year.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-7. - Designation of toll bridges.

§ 42-13.1-7. Designation of toll bridges.
The director of the department may designate any Rhode Island bridge on the National Highway System as a toll bridge in order to facilitate the financing of replacement, reconstruction, and maintenance of Rhode Island’s system of bridges.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-8. - Amount of tolls.

§ 42-13.1-8. Amount of tolls.
The department’s authority to fix and adjust the amount of tolls shall be determined by the costs of replacement, reconstruction, maintenance, and operation of Rhode Island’s system of bridges and/or any portion or portions thereof, including costs associated with the acquisition, construction, operation, and maintenance of the toll facilities and administrative costs in connection therewith.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-9. - Limitations on use of revenue.

§ 42-13.1-9. Limitations on use of revenue.
All revenue collected pursuant to this chapter and deposited to the Rhode Island bridge replacement, reconstruction, and maintenance fund shall be used to pay the costs associated with the operation and maintenance of the toll facility, and the replacement, reconstruction, maintenance, and operation of Rhode Island bridges on the National Highway System or any other use permitted under 23 U.S.C. § 129.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-10. - Procurement of toll facilities.

§ 42-13.1-10. Procurement of toll facilities.
Without limiting any right of the department to award contracts under any other law, the department shall have the right to procure toll facilities through contracts aggregating the services of design, engineering, construction, finance, operations, maintenance, or any combination of the foregoing. Notwithstanding any requirement of law to the contrary, the department may award such contracts on the basis of competitive negotiation in accordance with § 37-2-19. Such contracts may include availability payments or any other compensation structure determined appropriate by the department to further the objectives of this chapter.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-11. - Penalty for nonpayment of toll.

§ 42-13.1-11. Penalty for nonpayment of toll.
(a)
The department shall have the authority to establish and collect fees, fines, and penalties from registered owners of large commercial trucks who use, or attempt to use, any toll facility established under § 42-13.1-4, without paying the toll at the rate then in force for such use.
(b)
Any fee, fine, or penalty shall be in addition to the toll or tolls initially incurred and shall be no less than an amount sufficient to cover the cost of administration and collection of said fines, fees, and penalties.
(c)
The registered owner of the large commercial truck subject to toll shall be primarily responsible for all tolls, fees, fines, and penalties assessed pursuant to the provisions of this chapter.
(d)
Prior to the collection of any toll on large commercial trucks, the department shall establish a maximum allowable period for the payment of tolls and any subsequent fees, fines, and penalties assessed.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-12. - Additional penalties — Toll evasion.

§ 42-13.1-12. Additional penalties — Toll evasion.
Any toll evader who fails or refuses to pay or prepay the required toll and such fees, fines, and penalties as assessed under § 42-13.1-11 and within the maximum allowable period specified therein, shall be required to pay a fine not to exceed three thousand dollars ($3,000) and shall pay the toll amount due and any administrative costs, or shall have their registration suspended until payment is made in full for the violation. A toll evader under this section shall receive a traffic violation summons which shall be subject to the jurisdiction of the traffic tribunal. All amounts due under this section shall be remitted to the Rhode Island bridge replacement, reconstruction, and maintenance fund.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-13. - Conformance to statute, rules, and regulations.

§ 42-13.1-13. Conformance to statute, rules, and regulations.
All programs and funding proposals shall conform to applicable federal law, rules, and regulations. The department shall promulgate state rules and regulations to carry out the purposes of this chapter. Included within said rules and regulations shall be a provision requiring any public comment period to continue for at least thirty (30) days and a provision requiring advance notification to be provided to the governor, speaker of the house of representatives, and president of the senate prior to any announcement of public hearing or public comment period establishing or modifying the amount of tolls to be collected. In promulgating these rules and regulations, the department shall establish policies and procedures that promote procedural transparency.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-14. - Severability.

§ 42-13.1-14. Severability.
If a part of this chapter is held unconstitutional or invalid, all valid parts that are severable from the invalid or unconstitutional part remain in effect. If a part of this chapter is held unconstitutional or invalid in one or more of its applications, the part remains in effect in all constitutional and valid applications that are severable from the invalid applications. This severability clause shall be applicable to each provision of this chapter, regardless of whether or not any particular provision references this section.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-15. - Bridge preservation and salt mitigation.

§ 42-13.1-15. Bridge preservation and salt mitigation.
(a)
In any fiscal year when the department fails to complete appropriate bridge maintenance, no new construction and design contracts subject to reporting under § 42-13.1-16 shall be awarded for the subsequent year or until proof of appropriate bridge maintenance is provided.
(b)
The director must submit detailed information regarding bridge maintenance activities undertaken during the fiscal year to the governor, office of management and budget, the speaker of the house, and the president of the senate no later than thirty (30) days after the fiscal year ends, beginning with fiscal year 2017. The information shall also be posted on the department’s website.
(c)
Notwithstanding the provisions of § 42-13.1-16, bridge maintenance requirements may be waived if the director certifies that:
(1)
Certain bridges are in a state of disrepair such that maintenance activities will not forestall further deterioration; or
(2)
Certain bridges have a maintenance plan that does not require any activities during any given calendar year; or
(3)
Certain bridges have been modified such that maintenance to prevent salt erosion and deterioration is no longer required; or
(4)
The department has not used salt on certain bridges or has stopped using salt for winter maintenance as a long-term change in practice; or
(5)
Other specific circumstances exist to eliminate the need for maintenance activities in any given calendar year.
(d)
Failure to comply is subject to the penalties contained in § 35-3-24.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-16. - Reporting.

§ 42-13.1-16. Reporting.
The department shall submit to the office of management and budget, the house fiscal advisor, and the senate fiscal advisor, a report on the progress of implementation of this chapter within thirty (30) days of the close of each of the fiscal quarters of each year. The reports shall also be posted on the department’s website. The reports shall include, at a minimum:
(1)
Construction and design contracts of five hundred thousand dollars ($500,000) or greater planned to be advertised in the upcoming federal fiscal year, their value, and expected award date;
(2)
Construction and design contracts of five hundred thousand dollars ($500,000) or greater awarded in the prior federal fiscal year, date of award, value, and expected substantial completion date;
(3)
Expected final cost of:
(i)
Any construction contracts of five hundred thousand dollars ($500,000) or greater that reached substantial completion in the prior federal fiscal year; and
(ii)
Any design contracts of five hundred thousand dollars ($500,000) or greater completed in the prior federal fiscal year;
(4)
Total number of workers employed through the contract and the number of the workers in that total with a Rhode Island address; and
(5)
This report shall also include a current list of all federal, discretionary, and any other grants that the department has applied for and the status of that application and identify any changes from the prior report. For any grants that require a state match, the department shall identify if the source for the state’s match is available under currently authorized funding.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2; P.L. 2021, ch. 162, art. 2, § 8, effective July 6, 2021.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13.1 - The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund › Section 42-13.1-17. - Equality of opportunity.

§ 42-13.1-17. Equality of opportunity.
No bid under this chapter shall be deemed complete nor awarded if the bid fails to include a specific written plan for the bidder to be in conformity with § 37-14.1-6, ensuring that minority business enterprises reach a minimum of ten percent (10%) of the dollar value of the bid. Pursuant to §§ 37-14.1-1 and 37-14.1-3, for the purposes of chapter 13.1 of title 42, women shall be included in the definition of “minority business enterprise.” The aforementioned written plan should be submitted on forms created and distributed by the director of administration.
History of Section.
P.L. 2016, ch. 3, § 2; P.L. 2016, ch. 4, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-1. - Establishment — Head of department.

§ 42-14-1. Establishment — Head of department.
There shall be a department of business regulation. The head of the department shall be the director of business regulation who, except as otherwise provided by this title, shall carry out this chapter and perform the duties required by any and all other provisions of the general laws and public laws insofar as those provisions relate to each of the divisions and licensing and regulatory areas within the jurisdiction of the department.
History of Section.
P.L. 1939, ch. 660, § 120; P.L. 1940, ch. 797, § 5; P.L. 1940, ch. 803, § 5; P.L. 1940, ch. 820, § 6; impl. am. P.L. 1941, ch. 1069, § 12; impl. am. P.L. 1946, ch. 1746, § 1; G.L. 1956, § 42-14-1; as reen. 1969; P.L. 1980, ch. 335, § 2; P.L. 2016, ch. 142, art. 14, § 4; P.L. 2018, ch. 47, art. 3, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-2. - Functions of department.

§ 42-14-2. Functions of department.
(a)
It shall be the function of the department of business regulation to license, regulate and control all areas as required by this chapter and any and all other provisions of the general laws and public laws.
(b)
Whenever any hearing is required or permitted to be held pursuant to law or regulation of the department of business regulation, and whenever no statutory provision exists providing that notice be given to interested parties prior to the hearing, no such hearing shall be held without notice in writing being given at least ten (10) days prior to such hearing to all interested parties. For purposes of this section, an “interested party” shall be deemed to include the party subject to regulation hereunder, and any party entitled to appear at the hearing. Notice to the party that will be subject to regulation, and any party who has made known his or her intention to appear at the hearing shall be sufficient if it be in writing and mailed, first-class mail, to the party at his or her regular business address. Notice to the general public shall be sufficient hereunder if it be by publication in a newspaper of general circulation in the municipality affected by the regulation.
History of Section.
P.L. 1939, ch. 660, § 121; P.L. 1940, ch. 797, § 5; P.L. 1940, ch. 803, § 5; P.L. 1940, ch. 820, § 6; impl. am. P.L. 1941, ch. 1069, § 12; impl. am. P.L. 1946, ch. 1746, § 1; P.L. 1956, § 42-14-2; P.L. 1969, ch. 33, § 3; P.L. 1980, ch. 335, § 2; P.L. 2016, ch. 142, art. 14, § 4; P.L. 2018, ch. 47, art. 3, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-2.1. - Reporting by certain insurers — Settlements.

§ 42-14-2.1. Reporting by certain insurers — Settlements.
(a)
Every insurer or entity exempt pursuant to section 2.6 of chapter 16 of title 27 or entity permissibly self-insured pursuant to subsection 2 of chapter 14.1 of title 42 providing professional liability insurance to licensed healthcare professionals or licensed healthcare facilities shall send a complete report to the board of medical licensure and discipline established pursuant to chapter 37 of title 5, or the board of examiners in dentistry established pursuant to chapter 31.1 of title 5 and the department of business regulation as to any claim, notice, settlement, judgment, or arbitration award of a claim or action for damages for death or personal injury caused by such person’s negligence, error, or omission in practice or his or her rendering of unauthorized professional services. The report shall be sent within thirty (30) days after service of such arbitration award on the parties or notice of the claim, settlement, judgment, or arbitration award.
(b)
Notwithstanding any other provision of law, an insurer or entity exempt pursuant to section 2.6 of chapter 16 of title 27 or entity permissibly self-insured pursuant to subsection (2) of chapter 14.1 of title 42 providing professional liability coverage to licensed healthcare professionals or licensed healthcare facilities shall have the contractual right to settle any claim up to the limits of the policy without the insured’s consent, unless the policy by its express terms prohibits the insurer from settling any claim without the consent of the insured.
(c)
All insurers doing business in the state of Rhode Island or entity exempt pursuant to section 2.6 of chapter 16 of title 27 or entity permissibly self insured pursuant to subsection (2) of chapter 14.1 of title 42 providing professional liability insurance for healthcare professionals or licensed healthcare facilities shall file an annual report with the commissioner of insurance. This report must be filed for each year by March 1 of the next year. The information required for each year shall include, for each rating class:
(1)
The number of insured;
(2)
The total premiums paid;
(3)
The total number of claims made, the years in which the incidents giving rise to the claims occurred, and the total number of those claims outstanding at the end of the year;
(4)
The total amount of claims paid, the years in which the incidents giving rise to the claims occurred, and the amount of the costs which can be identified with these claims for investigation, processing, and defense of these claims; and
(5)
The number of lawsuits filed.
History of Section.
G.L. 1956, § 42-14-2.1; P.L. 1976, ch. 244, § 4; P.L. 1986, ch. 350, § 1; P.L. 1988, ch. 84, § 83; P.L. 1998, ch. 188, § 1; P.L. 2011, ch. 216, § 1; P.L. 2011, ch. 305, § 1; P.L. 2012, ch. 66, § 4; P.L. 2012, ch. 84, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-2.2. - Reporting — Court judgments against licensed physicians, dentists, or dental hygienists.

§ 42-14-2.2. Reporting — Court judgments against licensed physicians, dentists, or dental hygienists.
Within ten (10) days after a judgment by a court of this state that a licensed physician, dentist, or dental hygienist has committed a crime or is civilly liable for any death or personal injury caused by his or her negligence, error or omission in practice, or his or her rendering unauthorized professional services, the clerk of the court which rendered the judgment shall report the same to the board of medical licensure and discipline established pursuant to chapter 37 of title 5 or the board of examiners in dentistry established pursuant to chapter 31.1 of title 5 and the department of business regulation.
History of Section.
G.L. 1956, § 42-14-2.2; P.L. 1976, ch. 244, § 4; P.L. 1986, ch. 350, § 1; P.L. 1988, ch. 84, § 83.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-2.3. - Minimum policy provisions.

§ 42-14-2.3. Minimum policy provisions.
The commissioner of insurance shall promulgate, on or before January 1, 1987, rules and regulations establishing the minimum provisions which all professional liability insurance policies for licensed health care providers, dentists, or dental hygienists must contain. The commissioner shall establish a “merit rating plan” which shall be based in part on the past claims paid on behalf of the insured.
History of Section.
P.L. 1986, ch. 350, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-4. - Financial services division.

§ 42-14-4. Financial services division.
Within the department of business regulation there shall be a division of financial services that oversees the regulation and control of banking and insurance and such other matters within the jurisdiction of the department as determined by the director. The division shall have offices which shall be assigned to it by the department of administration.
Superintendents of banking and insurance reporting to the director and/or health insurance commissioner as appropriate shall be in charge of all matters relating to banking and insurance.
History of Section.
P.L. 1935, ch. 2250, § 73; G.L. 1938, ch. 127, § 1; impl. am. P.L. 1939, ch. 660, § 120; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 42-14-4; P.L. 1978, ch. 153, § 1; P.L. 2004, ch. 446, § 3; P.L. 2004, ch. 557, § 3; P.L. 2018, ch. 47, art. 3, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-5. - Superintendents of banking and insurance.

§ 42-14-5. Superintendents of banking and insurance.
(a)
The superintendents of banking and insurance shall administer the functions of the department relating to the regulation and control of banking and insurance.
(b)
Wherever the words “banking administrator” or “banking commissioner” or “insurance administrator” or “insurance commissioner” occur in this chapter or any general law, public law, act, or resolution of the general assembly or department regulation, they shall be construed to mean superintendent of banking and superintendent of insurance except as delineated in subsection (d) below.
(c)
“Health insurance” shall mean “health insurance coverage,” as defined in §§ 27-18.5-2 and 27-18.6-2, “health benefit plan,” as defined in § 27-50-3 and a “medical supplement policy,” as defined in § 27-18.2-1 or coverage similar to a Medicare supplement policy that is issued to an employer to cover retirees, and dental coverage, including, but not limited to, coverage provided by a nonprofit dental service plan as defined in § 27-20.1-1(3).
(d)
Whenever the words “commissioner,” “insurance commissioner,” “health insurance commissioner” or “director” appear in Title 27 or Title 42, those words shall be construed to mean the health insurance commissioner established pursuant to § 42-14.5-1 with respect to all matters relating to health insurance. The health insurance commissioner shall have sole and exclusive jurisdiction over enforcement of those statutes with respect to all matters relating to health insurance.
(e)
Whenever the word “director” appears or is a defined term in title 19, this word shall be construed to mean the superintendent of banking established pursuant to this section.
(f)
Whenever the word “director” or “commissioner” appears or is a defined term in title 27, this word shall be construed to mean the superintendent of insurance established pursuant to this section except as delineated in subsection (d) of this section.
History of Section.
P.L. 1939, ch. 660, § 122; G.L. 1956, § 42-14-5; P.L. 1978, ch. 153, § 1; P.L. 2004, ch. 446, § 1; P.L. 2004, ch. 557, § 1; P.L. 2006, ch. 613, § 1; P.L. 2018, ch. 47, art. 3, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-6. - Restrictions on interests of superintendents.

§ 42-14-6. Restrictions on interests of superintendents.
The superintendents of banking and insurance shall not engage in any other business or be an officer of or directly or indirectly interested in any national bank doing business in this state, or in any bank, savings bank, or trust company organized under the laws of this state, nor be directly or indirectly interested in any corporation, business, or occupation that requires his or her official supervision; absent compliance with § 42-14-6.1, no superintendent shall become indebted to any bank, savings bank, or trust company organized under the laws of this state, nor shall he or she engage or be interested in the sale of securities as a business, or in the negotiation of loans for others.
History of Section.
P.L. 1908, ch. 1590, § 30; G.L. 1909, ch. 233, § 2; G.L. 1923, ch. 274, § 2; G.L. 1938, ch. 127, § 2; impl. am. P.L. 1939, ch. 660, § 122; G.L. 1956, § 42-14-6; P.L. 2018, ch. 47, art. 3, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-6.1. - Application for or acceptance of loan by bank examiner.

§ 42-14-6.1. Application for or acceptance of loan by bank examiner.
Every examiner or assistant examiner authorized by law to report the condition of a financial institution incorporated under the laws of this state — including, but not limited to, banks, savings banks, bank associations, trust companies, loan and investment companies, savings and loan companies, building loan associations, credit unions, deposit insurance companies, and any other depository required by law to file reports with the director of business regulation — who applies for or accepts or is granted a loan of any kind, whether in his or her name or in the name of a member of his or her immediate family, or in the name of a business or partnership in which he or she has a substantial interest, from any financial institution examined by him or her at any time, shall be required to report the same in writing to the director of business regulation within five (5) business days. A violation of this section may be a ground for disqualification or suspension of license.
History of Section.
P.L. 1991, ch. 137, § 1; P.L. 1991, ch. 317, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-7. - Deputies to superintendents.

§ 42-14-7. Deputies to superintendents.
The superintendent of banking and the superintendent of insurance may appoint one or more deputies to assist him or her in the performance of his or her duties, who shall be removable at the pleasure of the superintendent, and the superintendent in his or her official capacity shall be liable for any deputy’s misconduct or neglect of duty in the performance of his or her official duties. Service of process upon any deputy, or at the office of the superintendent upon some person there employed, at any time, shall be as effectual as service upon the superintendent.
History of Section.
P.L. 1908, ch. 1590, § 31; G.L. 1909, ch. 233, § 3; G.L. 1896, ch. 181, § 1, as enacted by P.L. 1909, ch. 405, § 1; P.L. 1909, ch. 445, § 1; P.L. 1913, ch. 933, § 2; P.L. 1918, ch. 1638, § 1; P.L. 1919, ch. 1784, § 2; P.L. 1921, ch. 2040, § 2; G.L. 1923, ch. 225, § 1; G.L. 1923, ch. 274, § 3; P.L. 1923, ch. 447, § 1; P.L. 1929, ch. 1318, § 5; P.L. 1929, ch. 1393, § 1; impl. am. P.L. 1935, ch. 2250, § 73; G.L. 1938, ch. 127, § 1; impl. am. P.L. 1939, ch. 660, § 122; G.L. 1956, § 42-14-7; P.L. 1983, ch. 147, § 1; P.L. 2018, ch. 47, art. 3, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-8. - Clerical assistance and expenses.

§ 42-14-8. Clerical assistance and expenses.
The superintendent of banking and the superintendent of insurance may employ such clerical assistance and incur such office and traveling expenses for him or herself, his or her deputies and assistants as may be necessary in the performance of his or her other duties, and as provided by this title, within the amounts appropriated therefor.
History of Section.
P.L. 1908, ch. 1590, § 31; G.L. 1909, ch. 233, § 3; P.L. 1909, ch. 445, § 1; P.L. 1913, ch. 933, § 2; P.L. 1918, ch. 1638, § 1; P.L. 1919, ch. 1784, § 2; P.L. 1921, ch. 2040, § 2; G.L. 1923, ch. 274, § 3; P.L. 1923, ch. 447, § 1; P.L. 1929, ch. 1393, § 1; G.L. 1938, ch. 127, § 3; impl. am. P.L. 1939, ch. 660, § 122; G.L. 1956, § 42-14-8; P.L. 2018, ch. 47, art. 3, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-10. - Actuary.

§ 42-14-10. Actuary.
The administrator of banking and insurance may appoint an actuary to assist him or her in the performance of his or her duties, including, but not limited to, evaluating fire, casualty and other insurance rates. The actuary shall serve under the direction of the administrator and shall be removable at the pleasure of the administrator. Insurance companies doing business in this state shall be assessed according to a schedule of their direct writings of insurance in this state to pay for the compensation of the actuary.
History of Section.
P.L. 1978, ch. 135, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-11. - Subpoena power — False swearing.

§ 42-14-11. Subpoena power — False swearing.
(a)
In connection with any matters having to do with the discharge of his or her duties pursuant to this chapter, the director, or his or her designee, in all cases of every nature pending before him or her, is hereby authorized and empowered to summon witnesses to attend and testify in like manner as in either the supreme or the superior courts. The director, or his or her designee, is authorized to compel the production of all papers, books, documents, records, certificates, or other legal evidence that may be necessary for the determination and the decision of any question or the discharge of any duty required by law of the department, including the functions of the superintendents of banking and insurance, by issuing a subpoena duces tecum signed by the director, or his or her designee.
(b)
Every person who disobeys this writ shall be considered in contempt of the department, and the department may punish that and any other contempt of the authority in like manner as contempt may be punished in either the supreme or the superior court.
(c)
Any person who shall willfully swear falsely in any proceedings, matter, or hearing before the department shall be deemed guilty of the crime of perjury.
History of Section.
P.L. 1979, ch. 139, § 1; P.L. 2007, ch. 340, § 16; P.L. 2018, ch. 47, art. 3, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-12. - Sales of businesses.

§ 42-14-12. Sales of businesses.
Any person, firm, or corporation acting as a broker for the sale of an existing business or the transfer of all or a substantial part of the materials, supplies, merchandise, or other inventory of an existing business or for the making of a bulk transfer under chapter 6 of title 6A for a fee, charge, or commission shall be required to post a bond in the sum of twenty thousand dollars ($20,000) with the department of business regulation with surety or sureties approved by the director of the department. Provided, however, that the provisions of this section shall not apply to attorneys, any person licensed as a real estate broker, or real estate salesman pursuant to the provisions of chapter 20.5 of title 5, except that no person, firm, or corporation shall act or hold himself or herself out as a business broker unless he or she holds a real estate broker’s license issued by the department of business regulation that has not been revoked.
History of Section.
P.L. 1985, ch. 65, § 1; P.L. 1998, ch. 115, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-13. - Transfer of powers and functions from department of business regulation.

§ 42-14-13. Transfer of powers and functions from department of business regulation.
There are hereby transferred to the department of administration:
(a)
Those functions of the department of business regulation which were administered through or with respect to departmental programs in the performance of strategic planning as defined in § 42-11-10(c);
(b)
All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of business regulation who were performing strategic planning functions as defined in § 42-11-10(c); and
(c)
So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of business regulation as are incidental to and necessary for the performance of the functions transferred by subsections (a) and (b).
History of Section.
P.L. 1985, ch. 181, art. 29, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-14. - License applications — Investigation.

§ 42-14-14. License applications — Investigation.
After receipt of any application for a license, permit, and/or registration that is subject to the jurisdiction of the department of business regulation, the director of business regulation or his or her designee shall conduct an investigation to determine whether the facts set forth in the application are true and shall receive from the department of the attorney general all records of criminal information which it has or shall receive indicating any criminal activity on the part of the individual signing the application. The department of the attorney general shall provide the information subject to the rules and regulations promulgated by the attorney general regarding the production of that information.
History of Section.
P.L. 1986, ch. 105, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-14 - Department of Business Regulation › Section 42-14-16. - Insurance — Administrative penalties.

§ 42-14-16. Insurance — Administrative penalties.
(a)
Whenever the director, or his or her designee, shall have cause to believe that a violation of title 27 and/or chapter 14, 14.5, 62, or 128.1 of title 42 or the regulations promulgated thereunder has occurred by a licensee, or any person or entity conducting any activities requiring licensure under title 27, the director or his or her designee may, in accordance with the requirements of the administrative procedures act, chapter 35 of this title:
(1)
Revoke or suspend a license;
(2)
Levy an administrative penalty in an amount not less than one hundred dollars ($100) nor more than fifty thousand dollars ($50,000);
(3)
Order the violator to cease such actions;
(4)
Require the licensee or person or entity conducting any activities requiring licensure under title 27 to take such actions as are necessary to comply with title 27 and/or chapter 14, 14.5, 62, or 128.1 of title 42, or the regulations thereunder; or
(5)
Any combination of the above penalties.
(b)
Any monetary penalties assessed pursuant to this section shall be deposited as general revenues.
History of Section.
P.L. 1992, ch. 336, § 1; P.L. 1995, ch. 370, art. 40, § 130; P.L. 2006, ch. 85, § 1; P.L. 2006, ch. 98, § 1; P.L. 2018, ch. 47, art. 3, § 8.