reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-12. - Annual report and statement.

§ 36-12.1-12. Annual report and statement.
The OPEB Board shall submit to the governor for transmittal to the general assembly, on or before the first day of October in each year beginning in 2011, an annual report showing the financial transactions of the system for the fiscal year of the state next preceding said date. The report shall contain, among other things, a statement of plan net assets, a statement of changes in plan net assets, a valuation balance sheet as prepared by the actuary on a schedule in accordance with generally accepted accounting principles, and other statistical data as are deemed necessary for a proper interpretation of the condition of the system and the results of its operations. The report shall also embody such other data as may be of use in the advancement of knowledge concerning state employee OPEB and any recommendations of the board for changes in the laws pertaining to the system. The OPEB Board shall cause to be published for distribution among the members of the system a financial statement summarizing the results of operations for the fiscal year. All financial statements issued by the OPEB Board shall conform to the requirements of GAAP.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1; P.L. 2011, ch. 151, art. 21, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-13. - Executive officers and secretary.

§ 36-12.1-13. Executive officers and secretary.
(a)
The Board shall elect a Chairperson and Secretary. Moreover, the State Controller shall serve as the Treasurer.
(b)
Any negotiated agreement entered into after July 1, 2010, between any state or municipal agency or department and an employee or employees, whose conditions are contrary to the general laws or the rules, regulations, and policies as adopted and promulgated by the OPEB Board shall be null and void.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1; P.L. 2011, ch. 151, art. 21, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-14. - Accounts and statistical records — Clerical and professional assistance — Disbursements.

§ 36-12.1-14. Accounts and statistical records — Clerical and professional assistance — Disbursements.
The State Controller, under the direction and supervision of the OPEB Board, shall be charged with the establishment and maintenance of such accounts and statistical records as the OPEB Board may require and he or she shall employ such clerical assistance as shall be necessary to carry out properly the provisions of chapters 12, 12.1 and 12.2 of this title. The OPEB Board shall secure the services of an actuary who shall be the actuarial advisor of the board and who shall make the actuarial computations and valuations required by chapters 12, 12.1 and 12.2. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums as may from time to time be necessary, upon receipt by him or her of vouchers for payment of liabilities.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-15. - Payment of administrative expenses of the OPEB board and maintaining the OPEB system — Restricted receipts account.

§ 36-12.1-15. Payment of administrative expenses of the OPEB board and maintaining the OPEB system — Restricted receipts account.
(a)
There is hereby created within the general fund a restricted receipt account entitled the “OPEB system restricted receipt account”, the proceeds of which shall be used solely to pay the expenses of the OPEB Board, the cost of maintaining the OPEB System, and the costs of administering the OPEB System.
(b)
For fiscal years 2011 through 2014, the State Controller is authorized to disburse from the fund established under subsection (a) above the actual cost of administration of the fund. In fiscal years, 2015 and thereafter, there shall be transferred to this restricted receipt account twenty five (25) basis points or two hundred thousand dollars ($200,000), whichever is greater, where one hundred (100.0) basis points equals one percent (1.0%), of the average total investments before lending activities as reported in the annual report of the auditor general for the next preceding five fiscal years. Any non-encumbered funds on June 30 of any fiscal year shall be credited to the OPEB System.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1; P.L. 2011, ch. 151, art. 21, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-16. - Collection of actuarial and experience data.

§ 36-12.1-16. Collection of actuarial and experience data.
The General Treasurer and the state Retirement System, shall collect and keep in convenient form such data as shall be necessary for the preparation of the mortality and service tables and for the compilation of such other information as shall be required for the actuarial valuation of the assets and liabilities of the OPEB System and to comply with the requirements of GASB 43 and 45.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-17. - Actuarial investigations authorized by board.

§ 36-12.1-17. Actuarial investigations authorized by board.
Immediately after his or her selection, the actuary shall make such investigation of the mortality, service, and compensation experience of the members as the OPEB Board shall authorize for the purpose of determining the proper tables to be prepared and submitted to the OPEB Board for adoption.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-18. - Periodic actuarial investigations and valuations.

§ 36-12.1-18. Periodic actuarial investigations and valuations.
(a)
Every two years beginning with fiscal year 2012 on a schedule in accordance with generally accepted accounting principles, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the OPEB System, and shall make a valuation of the assets and liabilities of the system, and, taking into account the result of the investigation and valuation, the OPEB Board shall:
(1)
Adopt for the OPEB System, such mortality, service, and other tables as shall be deemed necessary in the OPEB System; and
(2)
Certify the levels of contribution payable by the state of Rhode Island to carry out the provisions of chapters 12, 12.1, and 12.2 of this title.
(3)
Certify the levels of contribution payable by the Board of Governors for Higher Education to carry out the provisions of chapter 17.1 of title 16.
(b)
On the basis of such tables as the OPEB Board shall adopt, the actuary shall make a valuation of the liabilities of the funds of the system created by this chapter and the investment advisor or investment manager appointed by the OPEB Board shall make a valuation of the assets of the OPEB System.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1; P.L. 2011, ch. 151, art. 21, § 1; P.L. 2011, ch. 363, § 32.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-19. - State contributions.

§ 36-12.1-19. State contributions.
(a)
The State of Rhode Island shall make its contribution for the maintenance of the system, including the proper and timely payment of benefits, by annually appropriating an amount equal to a percentage of the total compensation paid to the active membership and teacher payroll base. The percentage shall be computed by the actuary employed by the OPEB Board and shall be certified by the OPEB Board to the director of administration on or before the fifteenth day of October in each year, beginning in 2011. In arriving at the yearly employer contribution the actuary shall determine the value of:
(1)
The contributions made by the members;
(2)
Income on investments; and
(3)
Other income of the system.
(b)
The Actuary shall thereupon compute the yearly employer contribution that will:
(1)
Pay the actuarial estimate of the normal cost for the next succeeding fiscal year;
(2)
Amortize the unfunded liability of the system as of June 30, 2006 utilizing a time period not to exceed thirty (30) years.
(c)
The State of Rhode Island shall remit to the general treasurer the employer’s share of the contribution for state employees, state police, legislators, and judges on a payroll frequency basis, and for teachers in a manner consistent with sound accounting and actuarial practice.
(d)
The Board of Governors for Higher Education shall remit to the general treasurer that employer’s share of the contribution for its non-classified employees, and those of the University of Rhode Island, Rhode Island College, and the Community College of Rhode Island, pursuant to § 16-17.1-1 et seq., and in a manner consistent with sound accounting and actuarial practice.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-20. - Establishment of OPEB trust funds.

§ 36-12.1-20. Establishment of OPEB trust funds.
The OPEB Board shall establish one or more trust funds and/or sub trusts to hold the assets of the OPEB System, to be known as the Rhode Island OPEB System Trust. Title and legal ownership of all assets of the OPEB System shall be in the name of the Rhode Island OPEB System Trust. The OPEB Board, or its delegate is authorized to execute one or more trust instruments to effectuate the purposes of this section. However, such trust instruments shall require that: a) all funds held by such trusts shall be used solely to pay benefits pursuant to the OPEB System, and reasonable and legitimate administrative expenses associated therewith; b) no asset of the OPEB System or contribution made by the State of Rhode Island, may be recovered or returned to the State, until the OPEB Board has certified all liabilities of the System have been satisfied; and c) at no time shall the assets of the Rhode Island OPEB System Trust shall be subject to the claims of the creditors of the State of Rhode Island or the creditors of any beneficiary of the OPEB System.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-21. - Custody and investment of funds.

§ 36-12.1-21. Custody and investment of funds.
(a)
All money immediately required for the payment of OPEB Benefits shall be invested only in accordance with the written objectives and guidelines established by the state investment commission pursuant to the provisions of chapter 10 of title 35 and other applicable law.
(b)
All money not immediately required for the payment of OPEB Benefits shall be invested in accordance with the provisions of chapter 10 of title 35 and other applicable law and shall be held in a custodial or trust account in accordance with § 36-12.1-5. The trust and custodial account established under this section shall be maintained pursuant to written documents which expressly provide that it shall be impossible at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the payment of OPEB Benefits to employees and their beneficiaries (except as otherwise permitted by § 36-12.1).
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-22. - Disposition of investment earnings.

§ 36-12.1-22. Disposition of investment earnings.
The OPEB Board shall credit all earned investment income from interest and dividends on investments and bank deposits during any fiscal year to the Rhode Island OPEB System Trust.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-23. - Improper interest in investments of board.

§ 36-12.1-23. Improper interest in investments of board.
Except as herein provided, no member of the OPEB Board and no employee of the OPEB Board shall have any interest, direct or indirect, in the gains or profits of any investment made by the OPEB Board, nor as such directly or indirectly receive any pay or emolument for his or her services. No member of the OPEB Board or employee of the OPEB Board shall, directly or indirectly, for himself or herself or as an agent, in any manner use the gains or profits, except to make such current and necessary payments as are authorized by the OPEB Board; nor shall any member or employee of the OPEB Board become an endorser or surety or become in any manner an obligor for money loaned or borrowed from the OPEB Board. No member of the OPEB Board shall permit the OPEB System to engage in a transaction that constitutes a sale or exchange, or leasing, of any property between the OPEB System and a party in interest; a lending of money or other extension of credit between the OPEB System and a party in interest; furnishing of goods, services, or facilities between the OPEB System and a party in interest; transfer to, or use by or for the benefit of, a party in interest, of any assets of the OPEB System.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-24. - Payment of OPEB benefits.

§ 36-12.1-24. Payment of OPEB benefits.
All OPEB Benefits shall be paid from the Rhode Island OPEB System Trust, subject to the oversight and approval of the OPEB Board.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-25. - Annual audits.

§ 36-12.1-25. Annual audits.
The auditor general shall conduct upon the request of the OPEB Board a separate annual performance audit of the OPEB System which shall include a report on the actuarial valuation of the assets and liabilities of the OPEB System. The auditor general may examine all records, files, and other documents, and evaluate all policies and procedures for purposes of conducting the audit. The aforementioned performance audit shall be in addition to the annual audit conducted by the auditor general of the financial statements of the OPEB System. A copy of the report shall be given to the governor and the OPEB Board.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-26. - Internal revenue code qualification.

§ 36-12.1-26. Internal revenue code qualification.
(a) Intent.
It is intended that the OPEB System and the Rhode Island OPEB System Trust satisfy the requirements of § 115 or § 501(c)(9) of the Internal Revenue Code of 1986 as amended from time to time, 26 U.S.C. §§ 115, 501(c)(9) -, (hereinafter referred to as the “Code”), in form and operation, to the extent that those requirements apply to a governmental use trust under § 115 or a voluntary employee benefit association under § 501(c)(9) of the Code. To this end, the following provisions shall be applicable, administered, and interpreted in a manner consistent with maintaining the tax qualification of the OPEB System, and shall supersede any conflicting provisions of chapters 12, 12.1 and 12.2 of this title, [of chapter 16 of title 16, or of chapter 21 of title 45].
(b) Exclusive benefit.
All funds of the OPEB System shall be held in one or more trusts as provided in § 36-12.1-21 or if permitted, in accordance with § 401(f) of the code [26 U.S.C. § 401(f)], in one or more custodial accounts treated as trusts or a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries, for any part of the corpus or income to be used for, or diverted to, purposes other than the payment of OPEB allowances and other post employment benefits to Retired Employees and their beneficiaries.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-27. - Severability.

§ 36-12.1-27. Severability.
(a)
If any provision of this chapter 36-12.1 of this title, any rule, or regulation made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction the remainder of this chapter, rules, or regulations and the application of those provisions to other persons or circumstances shall not be affected thereby.
(b)
The invalidity of any section or sections or parts of any section or sections of those chapters shall not affect the validity of the remainder of this chapter.
History of Section.
P.L. 2008, ch. 9, art. 4, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.1 - Retiree Health Care Trust Fund › Section 36-12.1-28. - Implementation.

§ 36-12.1-28. Implementation.
Notwithstanding any law to the contrary, the provisions of Chapter 36-12.1 entitled “Retiree Health Care Trust Fund” shall be implemented by July 1, 2010.
History of Section.
P.L. 2009, ch. 5, art. 4, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-12.2 - Medicare Enrollment › Section 36-12.2-1. - Medicare enrollment.

§ 36-12.2-1. Medicare enrollment.
As a condition of receiving or continuing to receive access to post-employment benefits offered by the state, anyone entitled to this benefit shall enroll in Medicare as soon as he or she is eligible, notwithstanding the provisions of any other general law or public law to the contrary.
History of Section.
P.L. 2011, ch. 151, art. 21, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-13 - Deferred Compensation Plans › Section 36-13-1.1. - State investment commission.

§ 36-13-1.1. State investment commission.
The state investment commission shall, from time to time, select the financial institutions and/or entities in which the state shall invest the funds under the deferred compensation plan for employees in the state plan.
History of Section.
P.L. 1995, ch. 182, § 2; P.L. 1995, ch. 225, § 2; P.L. 2023, ch. 173, § 1, effective June 20, 2023; P.L. 2023, ch. 174, § 1, effective June 20, 2023.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-13 - Deferred Compensation Plans › Section 36-13-2. - Entering into agreements.

§ 36-13-2. Entering into agreements.
The chief administrative officer of any city or town or director of administration of the state of Rhode Island is hereby authorized to enter into contractual agreements with employees of that particular state agency, department, board, commission, or institution on behalf of the state to defer any portion of that employee’s compensation.
History of Section.
P.L. 1975, ch. 34, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-13 - Deferred Compensation Plans › Section 36-13-3. - Administration of program.

§ 36-13-3. Administration of program.
The administration of the deferred compensation program within each state agency, department, board, commission, or institution shall be under the direction of the director or principal officer of that particular agency, department, board, commission, or institution. Each city, town, or other political subdivision shall designate an officer to administer the deferred compensation program, including deferred compensation plans offered to municipal employees pursuant to § 36-13-1(c). Reductions in payroll shall be made, in each instance, by the appropriate payroll officer. The administrator of the deferred compensation program may contract with a private corporation or institution for providing consolidated billing and other administrative services.
History of Section.
P.L. 1975, ch. 34, § 1; P.L. 2023, ch. 173, § 1, effective June 20, 2023; P.L. 2023, ch. 174, § 1, effective June 20, 2023.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-13 - Deferred Compensation Plans › Section 36-13-4. - “Employee” defined.

§ 36-13-4. “Employee” defined.
For the purposes of this chapter, “employee” means any person, whether appointed, elected or under contract, providing services for the state, county, city, town, or other political subdivision, for which compensation is paid.
History of Section.
P.L. 1975, ch. 34, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-13 - Deferred Compensation Plans › Section 36-13-5. - Annuity and insurance contracts.

§ 36-13-5. Annuity and insurance contracts.
Notwithstanding any other provision of law to the contrary, those persons designated to administer the deferred compensation program are hereby authorized to make payments for the purchase of government securities, mutual funds, fixed or variable life insurance, or annuity contracts under the deferred compensation program. The payments shall not be construed to be a prohibited use of the general assets of the state, county, city, or other political subdivision.
History of Section.
P.L. 1975, ch. 34, § 1; P.L. 1982, ch. 447, § 1; P.L. 1995, ch. 182, § 1; P.L. 1995, ch. 225, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-13 - Deferred Compensation Plans › Section 36-13-6. - Other benefits unaffected.

§ 36-13-6. Other benefits unaffected.
The deferred compensation program established by this chapter shall exist and serve in addition to retirement, pension, or benefit systems established by the state, county, city, town, or other political subdivision, and no deferral of income under the deferred compensation program shall affect a reduction of any retirement, pension, or other benefit provided by law.
History of Section.
P.L. 1975, ch. 34, § 1; P.L. 2023, ch. 179, § 1, effective June 20, 2023; P.L. 2023, ch. 180, § 1, effective June 20, 2023.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-13 - Deferred Compensation Plans › Section 36-13-6.1. - Sums subject to taxation.

§ 36-13-6.1. Sums subject to taxation.
(a)
Except as designated in this section, any sum deferred under the deferred compensation program shall not be subject to taxation until distribution is actually made to the employee.
(b)
Subsection (a) of this section shall not apply where the deferred compensation program includes a qualified Roth contribution program and the sums have been deferred as a designated Roth contribution. Where the employee has elected that sums be deferred as a designated Roth contribution, the sums shall be deferred post tax.
(c)
For the purposes of this section, the term “qualified Roth contribution program” means a program under which an employee may elect to make designated Roth contributions in lieu of all or a portion of elective deferrals the employee is otherwise eligible to make under the deferred compensation program. A program shall not be treated as a qualified Roth contribution program unless the deferred compensation program:
(1)
Establishes separate accounts for the designated Roth contributions of each employee and any earnings properly allocable to the contributions; and
(2)
Maintains separate recordkeeping with respect to each account.
(d)
For the purposes of this section, the term “designated Roth contribution” means any elective deferral that is excludable from gross income of an employee with regard to subsection (a) of this section and the employee designates as not being so excludable.
History of Section.
P.L. 2023, ch. 179, § 2, effective June 20, 2023; P.L. 2023, ch. 180, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-13 - Deferred Compensation Plans › Section 36-13-7. - Financial liability limitations.

§ 36-13-7. Financial liability limitations.
The financial liability of the state, city, town, or other political subdivision under a deferred compensation program shall be limited in each instance to the value of the particular fixed or variable life insurance or annuity contract or contracts purchased on behalf of any employee.
History of Section.
P.L. 1975, ch. 34, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-13 - Deferred Compensation Plans › Section 36-13-8. - Severability.

§ 36-13-8. Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1995, ch. 182, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-1. - Declaration of policy.

§ 36-14-1. Declaration of policy.
It is the policy of the state of Rhode Island that public officials and employees must adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable, responsive, avoid the appearance of impropriety, and not use their position for private gain or advantage.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-3. - Code of ethics.

§ 36-14-3. Code of ethics.
Sections 36-14-4 — 36-14-7 shall constitute the Rhode Island code of ethics in government.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-4. - Persons subject to the code of ethics.

§ 36-14-4. Persons subject to the code of ethics.
The following persons shall be subject to the provisions of the Rhode Island code of ethics in government:
(1)
State and municipal elected officials;
(2)
State and municipal appointed officials; and
(3)
Employees of state and local government, boards, commissions, and agencies.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-6. - Statement of conflict of interest.

§ 36-14-6. Statement of conflict of interest.
Any person subject to this code of ethics who, in the discharge of his or her official duties, is or may be required to take an action, make a decision, or refrain therefrom that will or can reasonably be expected to directly result in an economic benefit to the person, or spouse (if not estranged), or any dependent child of the person, or business associate or any business by which the person is employed or which the person represents, shall, before taking any such action or refraining therefrom:
(1)
Prepare a written statement sworn to under the penalties for perjury describing the matter requiring action and the nature of the potential conflict; if he or she is a member of a legislative body and he or she does not request that he or she be excused from voting, deliberating, or taking action on the matter, the statement shall state why, despite the potential conflict, he or she is able to vote and otherwise participate fairly, objectively, and in the public interest; and
(2)
Deliver a copy of the statement to the commission, and:
(i)
If he or she is a member of the general assembly or of any city or town legislative body, he or she shall deliver a copy of the statement to the presiding officer of the body, who shall cause the statement to be recorded in the journal of the body and, upon request of the member, may excuse the member from votes, deliberations, or any other action on the matter on which a potential conflict exists; or
(ii)
If the person is not a legislator, his or her superior, if any, shall, if reasonably possible, assign the matter to another person who does not have a conflict of interest. If he or she has no immediate superior, he or she shall take such steps as the commission shall prescribe through rules or regulations to remove him or herself from influence over any action on the matter on which the conflict of interest exists.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-7. - Interest in conflict with discharge of duties.

§ 36-14-7. Interest in conflict with discharge of duties.
(a)
A person subject to this code of ethics has an interest which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, if he or she has reason to believe or expect that he or she or any person within his or her family or any business associate, or any business by which the person is employed or which the person represents will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of his or her official activity.
(b)
A person subject to this code of ethics does not have an interest which is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed by the laws of this state, if any benefit or detriment accrues to him or her or any person within his or her family or any business associate, or any business by which the person is employed or which the person represents, as a member of a business, profession, occupation, or group, or of any significant and definable class of persons within the business, profession, occupation, or group, to no greater extent than any other similarly situated member of the business, profession, occupation, or group, or of the significant and definable class of persons within the business, profession, occupation or group.
History of Section.
P.L. 1987, ch. 195, § 3; P.L. 1992, ch. 132, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-10. - Educational powers of the commission.

§ 36-14-10. Educational powers of the commission.
(a)
The commission is hereby empowered to establish and implement an educational program for the purpose of educating public officials and employees and the general public about the ethical standards embodied in the Rhode Island code of ethics in government, which program may include the preparation and dissemination of brochures, other publications and the conduct of workshops and seminars.
(b)
The educational program authorized by this section shall be established by the commission in the exercise of the rulemaking authority conferred by § 36-14-9(a)(3).
(c)
The commission may, by rule or regulation, delegate to its executive director (or other designated employee) such authority as it may deem necessary for the implementation of the educational program authorized by this section.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-10.1. - Continuing ethics education.

§ 36-14-10.1. Continuing ethics education.
The commission shall periodically provide a continuing education program on the Rhode Island code of ethics and related laws for major state decision-makers. The program shall be provided at least twice annually and shall consist of continuing education units as established by commission rule and which may be offered through an interactive web-based format. The commission shall provide participants with certificates showing the date and number of continuing education units completed.
History of Section.
P.L. 2006, ch. 428, § 6; P.L. 2006, ch. 429, § 6.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-11. - Advisory powers of the commission.

§ 36-14-11. Advisory powers of the commission.
(a)
The commission is hereby empowered to issue, at the request of any person covered by the Rhode Island code of ethics in government, advisory opinions on the requirements of this chapter.
(b)
Any advisory opinion rendered pursuant to this section must be approved, prior to issuance, by a majority of the members of the commission.
(c)
Any advisory opinion rendered by the commission, until amended or revoked by a majority vote of the commission, shall be binding on the commission in any subsequent proceedings concerning the person who requested the opinion and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-14. - Removal powers of the commission.

§ 36-14-14. Removal powers of the commission.
(a)
The commission is hereby empowered to remove from office any state or municipal elected official or any state or municipal appointed official not subject to impeachment in accordance with the provisions of subsections (b) through (d) of this section.
(b)
Any state or municipal elected official and any state or municipal appointed official not subject to impeachment may be removed from office if:
(1)
The commission has found, after an adjudicative hearing conducted in accordance with § 36-14-13, that the official has been guilty of a serious, knowing, and willful violation of § 36-14-5(c), 36-14-5(d), or 36-14-5(g); and
(2)
The commission determines that the violation was committed by the violator either with (i) fraudulent intent to secure the unjust enrichment of him or herself or another person or (ii) malicious intent to inflict pecuniary or other substantial injury upon another person.
(c)
If it determines that such a violation has been committed, it shall conduct a hearing at which the executive director of the commission or his or her designee and the respondent or his or her counsel shall be permitted to pursue additional evidence and arguments relevant to (i) the presence or absence of the specific intent required by subsection (b)(2) of this section as a prerequisite to removal of an official from office, and (ii) the presence or absence of aggravating or mitigating circumstances of which the commission should be aware in rendering its final decision.
(d)
The removal power conferred by this section may be exercised only by the affirmative vote of two-thirds (⅔) of the membership of the commission eligible to participate, but in no case fewer than five (5) affirmative votes.
History of Section.
P.L. 1987, ch. 195, § 3; P.L. 1992, ch. 436, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-15. - Judicial review.

§ 36-14-15. Judicial review.
Any action by the commission made pursuant to this chapter shall be subject to review pursuant to chapter 35 of title 42.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-18. - Disclosure of regulated business interests.

§ 36-14-18. Disclosure of regulated business interests.
(a)
Every person who is required to file a financial statement pursuant to this chapter and who has, acquires, or divests him or herself of ten percent (10%) or greater equity interest or five thousand dollars ($5,000) or greater cash value interest in a business entity which is subject to direct regulation, greater than of a de minimus nature, by a state or municipal agency, or which does any business with a state or municipal agency, shall file with the commission at the times specified by this chapter, an affidavit:
(1)
Identifying him or herself and stating the capacity in which he or she serves or is about to serve which occasions the filing of the affidavit;
(2)
Identifying the business entity (or each business entity);
(3)
Identifying the regulatory agency or agencies;
(4)
Stating the nature of his or her interest in the business entity;
(5)
Describing the manner in which the business entity is subject to regulation; and
(6)
Stating whether the interest is held, or was acquired or divested, and if acquired or divested, when.
(b)
The nature of an interest in a business entity shall be described in specific language.
(c)
Every state or municipal official to which this section applies who holds office on January 1, 1988, and who has any interest required to be reported pursuant to this section, shall file the affidavit within ninety (90) days after January 1, 1988.
(d)
If a state or municipal official to which this section applies, acquires or divests him or herself of an interest, required to be reported pursuant to this section, he or she shall file the affidavit within thirty (30) days after the date the interest was acquired or divested.
(e)
In the case of appointments made after January 1, 1988, a state or municipal official who has any interest required to be reported pursuant to this section shall file the affidavit within thirty (30) days after the date of his or her appointment or the date he or she qualifies for the office.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-19. - Penalties.

§ 36-14-19. Penalties.
Any person who knowingly and willfully violates the provisions of this chapter shall, in addition to the civil penalties provided herein, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) and/or imprisonment for no longer than one year.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-20. - Construction.

§ 36-14-20. Construction.
The provisions of this chapter shall be construed to be in addition to and not in substitution of any other provision of law not inconsistent herewith.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14 - Code of Ethics › Section 36-14-21. - Severability.

§ 36-14-21. Severability.
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the chapter and the application of the provisions to other persons and circumstances shall not be affected thereby.
History of Section.
P.L. 1987, ch. 195, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14.1 - State Vendors Providing Goods or Services to Public Officials › Section 36-14.1-1. - Definitions.

§ 36-14.1-1. Definitions.
As used in this chapter:
(1)
“Business entity” means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized in law through which business for profit is conducted.
(2)
“Procurement official” means an elected or appointed state official or employee who has the authority to make decisions concerning the purchasing of goods or services for a state agency or who has supervisory authority over the person empowered to make decisions concerning the purchase of goods or services for the state agency.
(3)
“State agency” means a branch, department, division, agency, commission, board, office, bureau, or authority of the government of the state of Rhode Island.
(4)
“State vendor” means:
(i)
A person or business entity that sells goods or provides services to any state agency;
(ii)
A person or business entity which has an ownership interest of ten percent (10%) or more in a business entity that sells goods or provides services to any state agency; or
(iii)
A business entity that is a parent or subsidiary of a business entity that sells goods or provides services to any state agency.
History of Section.
P.L. 1987, ch. 487, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14.1 - State Vendors Providing Goods or Services to Public Officials › Section 36-14.1-2. - Prohibited conduct — Exceptions.

§ 36-14.1-2. Prohibited conduct — Exceptions.
(a)
No state vendor shall provide goods or services for less than fair market value for the personal use of a procurement official of a state agency if the vendor has sold goods and services during the preceding twenty-four (24) months to the state agency or if the vendor knows or has reason to know he or she will be submitting a bid or making a proposal for the sale of goods or services within the succeeding twenty-four (24) months to the state agency.
(b)
No procurement official of a state agency shall accept goods or services for his or her personal use for less than fair market value from a state vendor who has sold goods or services to the agency during the preceding twenty-four (24) months or who the procurement official knows or has reason to know will be submitting a bid or making a proposal for the sale of goods or services to the agency within the succeeding twenty-four (24) months.
(c)
The prohibition set forth in subsection (a) of this section shall not apply to goods or services having a fair market value of less than one hundred dollars ($100).
History of Section.
P.L. 1987, ch. 487, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14.1 - State Vendors Providing Goods or Services to Public Officials › Section 36-14.1-3. - Civil penalty.

§ 36-14.1-3. Civil penalty.
Every state vendor and every procurement official that knowingly and willfully violates the provisions of this chapter shall be subject to a civil penalty of not more than two thousand dollars ($2,000) per offense.
History of Section.
P.L. 1987, ch. 487, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-14.1 - State Vendors Providing Goods or Services to Public Officials › Section 36-14.1-4. - Enforcement.

§ 36-14.1-4. Enforcement.
(a)
The Rhode Island ethics commission is hereby empowered to investigate and adjudicate allegations of violations of this chapter in accordance with the provisions of § 36-14-13 (a) — (f). Upon a finding of violation of this chapter, the adjudicatory panel of the ethics commission may issue an order requiring the violator to pay a civil penalty in accordance with § 36-14.1-3.
(b)
Nothing contained in this section shall be construed to limit the authority of the attorney general to enforce the provisions of this chapter.
History of Section.
P.L. 1993, ch. 283, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-15 - Rhode Island Whistleblower Act [Repealed.] › Section 36-15-1 - — 36-15-10. Repealed.

§ 36-15-1 — 36-15-10. Repealed.
History of Section.
P.L. 1984, ch. 137, § 1; P.L. 1988, ch. 648, § 1; P.L. 1992, ch. 157, § 1; Repealed by P.L. 1995, ch. 308, § 1, effective July 5, 1995. For present similar provisions, see Chapter 50 of Title 28.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-16 - Termination of Employment Contracts › Section 36-16-1. - State employment contracts — Prohibitions.

§ 36-16-1. State employment contracts — Prohibitions.
(a)
No state agency, department of government, commission, board, authority, public corporation, governmental or quasi-governmental body, autonomous or otherwise, which is created by authority of the general assembly, executive order, or state law, shall enter into any contract or agreement with any individual, firm, or partnership which provides for any of the following upon termination of employment:
(1)
Termination damages or benefits, including continuation of salary or other compensation for more than six (6) months from the date of termination;
(2)
Severance pay, excepting accrued vacation pay, sick leave benefits, or health care benefits, for more than one year from the date of termination;
(3)
Mandatory hiring, payment, or compensation for work performed or services rendered as a consultant or in any other capacity following termination; or
(4)
Which provides for a contract term in excess of three (3) years.
(b)
This section shall not apply to collective bargaining agreements entered into between an employer and a labor organization as defined in § 28-7-3.
History of Section.
P.L. 1985, ch. 341, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-16 - Termination of Employment Contracts › Section 36-16-2. - Void contracts.

§ 36-16-2. Void contracts.
Any contract or other agreement which is made contrary to or in violation of the provisions of § 36-16-1 shall be null and void and have no force or effect.
History of Section.
P.L. 1985, ch. 341, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-16.1 - State Contractors with Private Employers Providing Service Personnel › Section 36-16.1-1. - State employment contracts with private employers — Prohibitions.

§ 36-16.1-1. State employment contracts with private employers — Prohibitions.
No agreement or contract with a private employer to provide personnel to the state or the Rhode Island public transit authority to perform services at a state owned or operated facility, or a facility owned or operated by the Rhode Island public transit authority which at the time of enactment of this statute were being performed by state employees, or employees of the Rhode Island public transit authority shall be entered into or given by the state or the Rhode Island public transit authority unless the contract or agreement contains a stipulation requiring prescribed rates of wages as determined by the director of the department of labor and training. The rates of wages to be paid the various classes of service employees in the performance of the contract or any subcontract thereunder shall be based upon the prevailing rates for employment in the state or if the contract is entered into by the Rhode Island public transit authority, the prevailing rates for Rhode Island public transit authority employees. The rates of wages to be paid the various classes of service employees in the performance of the contract or any subcontract thereunder shall be based upon the prevailing rates for employment in the state. The rates of wages shall be furnished by the director in a schedule containing the classification of jobs and rate of wages to be paid for each job. It shall include payments to health, welfare, and retirement plans, or, if no such plan is in effect between the employees and the private employer, the amount of payments shall be paid directly to the employees; provided; however, that where limited period positions are utilized to replace persons on leave of absence, employees in the limited period positions shall not be covered by this section.
History of Section.
P.L. 1988, ch. 326, § 1; P.L. 1991, ch. 122, § 1.