Rhode Island 2025 Regular Session

Rhode Island House Bill H5460 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5460
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7	7	LC001288
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO AERONAUT ICS -- UNIFORM AERONAUTICAL REGULAT ORY ACT
16	16	Introduced By: Representatives Azzinaro, Hull, Abney, Read, Fellela, Casimiro, and
17	17	Solomon
18	18	Date Introduced: February 12, 2025
19	19	Referred To: House Veterans` Affairs
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 1-4-2 of the General Laws in Chapter 1-4 entitled "Uniform 1
24	24	Aeronautical Regulatory Act" is hereby amended to read as follows: 2
25	25	1-4-2. Definitions. 3
26	26	When used in this chapter: 4
27	27	(1) “Aeronautics” means transportation by aircraft, air instruction, the operation, repair, or 5
28	28	maintenance of aircraft, and the design, operation, repair, or maintenance of airports, landing fields, 6
29	29	or other air navigation facilities. 7
30	30	(2) “Aircraft” means any contrivance now known or invented, used, or designed for 8
31	31	navigation of, or flight in, the air, except a parachute or other contrivance designed for air 9
32	32	navigation but used primarily as safety equipment. 10
33	33	(3) “Air instruction” means the imparting of aeronautical information by any aviation 11
34	34	instructor or in any air school or flying club. 12
35	35	(4) “Airport” means any area of land, water, or both, which is used or is made available for 13
36	36	the landing and take off of aircraft, and which provides facilities for the shelter, supply, and repair 14
37	37	of aircraft and which, as to size, design, surface, marking, equipment, and management meets the 15
38	38	minimum requirements established from time to time by the president and CEO. 16
39	39	(5) “Air school” means any person engaged in giving, offering to give, or advertising, 17
40	40	representing, or holding himself or herself out as giving, with or without compensation or other 18
41	41	award, instruction in aeronautics — in flying, in ground subjects, or in both. 19
42	42
43	43
44	44	LC001288 - Page 2 of 29
45	45	(6) “Aviation instructor” means any individual engaged in giving, or offering to give, 1
46	46	instruction in aeronautics — in flying, in ground subjects, or in both — either with or without 2
47	47	compensation or other reward, without advertising his or her occupation, without calling his or her 3
48	48	facilities “air school” or any equivalent term, and without employing or using other instructors. 4
49	49	(7) “Certificated aircraft” means any aircraft for which an aircraft certificate other than a 5
50	50	registration certificate has been issued by the government of the United States. 6
51	51	(8) [Deleted by P.L. 2024, ch. 74, § 2 and P.L. 2024, ch. 110, § 2.] 7
52	52	(9) “Civil aircraft” means any aircraft other than a public aircraft. 8
53	53	(10) “Dealer in aircraft” or “aircraft dealer” means any person who engages in a business, 9
54	54	a substantial part of which consists of the manufacture, selling, or exchanging of aircraft and who 10
55	55	is registered as a dealer with the federal government. 11
56	56	(11) [Deleted by P.L. 2024, ch. 74, § 2 and P.L. 2024, ch. 110, § 2.] 12
57	57	(12) “Flying club” means any person (other than an individual) who, neither for profit nor 13
58	58	reward, owns, leases, or uses one or more aircraft for the purpose of instruction, pleasure, or both. 14
59	59	(13) “Landing field” means any area of land, water, or both, which is used or is made 15
60	60	available for the landing and take off of aircraft, which may or may not provide facilities for the 16
61	61	shelter, supply, and repair of aircraft, and which, as to size, design, surface, marking, equipment, 17
62	62	and management meets the minimum requirements established from time to time by the president 18
63	63	and CEO. 19
64	64	(14) “Military aircraft” means public aircraft operated in the service of the United States 20
65	65	army, air force, national guard, navy, marine corps, space force or coast guard. 21
66	66	(15) “Operate” means, with respect to aircraft, to use, cause to use, or authorize to use an 22
67	67	aircraft, for the purpose of engine start, movement on the ground (taxi), or air navigation including 23
68	68	the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise). 24
69	69	(16) “Operator” means a person who operates or is in actual physical control of an aircraft. 25
70	70	(17) “Owner” means the legal title holder or any person, firm, copartnership, association, 26
71	71	or corporation having the lawful possession or control of an aircraft under a written sale agreement. 27
72	72	(18) “Person” means any individual, or any corporation or other association of individuals. 28
73	73	(19) “Political subdivision” means any city or town or any other public corporation, 29
74	74	authority, or district, or any combination of two (2) or more, which is or may be authorized by law 30
75	75	to acquire, establish, construct, maintain, improve, and operate airports. 31
76	76	(20) “President and CEO” means the president and chief executive officer of the Rhode 32
77	77	Island airport corporation. 33
78	78	(21) “Public aircraft” means an aircraft used exclusively in the governmental service. 34
79	79
80	80
81	81	LC001288 - Page 3 of 29
82	82	SECTION 2. Section 9-18-5 of the General Laws in Chapter 9-18 entitled "Depositions" is 1
83	83	hereby amended to read as follows: 2
84	84	9-18-5. Manner of taking depositions outside state for use in state. 3
85	85	Depositions may be taken without this state to be used in the tribunals of this state, upon 4
86	86	written notice conforming to the applicable rules of procedure, and shall be taken in the manner 5
87	87	and with the formalities required by the law of this state or the state, district, territory, or country 6
88	88	in which the deposition shall be taken; or shall be taken, if taken in any other state, district, or 7
89	89	territory of the United States, before a commissioner appointed by the governor of this state, or 8
90	90	before a judge, chancellor, justice of the peace, notary public, or civil magistrate of the state, 9
91	91	district, or territory, respectively, or, if taken out of the United States, before a resident official of 10
92	92	the United States, or, if the deponent is in the military, air, or naval service of the United States, 11
93	93	before a colonel, lieutenant colonel, or major in the army or air force, before the chief of operations 12
94	94	in space force, or before any officer in the navy not below the grade and rank of lieutenant 13
95	95	commander. And in every such case under the second method, the party causing the depositions to 14
96	96	be taken shall notify the adverse party, or his or her attorney of record, of the time and place 15
97	97	appointed for taking the deposition; and the notification issued by the official before whom the 16
98	98	deposition is to be taken shall be served, in the manner as provided in § 9-18-4, such reasonable 17
99	99	time before the taking of the deposition as will give the adverse party a full opportunity to be present 18
100	100	in person or by attorney and put interrogatories to the deponent, if he or she thinks fit. 19
101	101	SECTION 3. Section 9-19-19 of the General Laws in Chapter 9-19 entitled "Evidence" is 20
102	102	hereby amended to read as follows: 21
103	103	9-19-19. Finding of presumed death under federal Missing Persons Act. 22
104	104	A written finding of presumed death, made by the secretary of the army, the secretary of 23
105	105	the navy, the secretary of the air force, or the chief of space operations in space force or other 24
106	106	officer or employee of the United States authorized to make such finding, pursuant to the federal 25
107	107	Missing Persons Act, 5 U.S.C. § 5561 et seq., as now or hereafter amended, or a duly certified copy 26
108	108	of such finding shall be received in any court, office, or other place in this state as prima facie 27
109	109	evidence of the death of the person therein found to be dead, and the date, circumstances, and place 28
110	110	of his or her disappearance. 29
111	111	SECTION 4. Sections 11-47-9, 11-47-21, 11-47-35 and 11-47-51 of the General Laws in 30
112	112	Chapter 11-47 entitled "Weapons" are hereby amended to read as follows: 31
113	113	11-47-9. Persons exempt from restrictions. 32
114	114	(a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the 33
115	115	superintendent and members of the state police; members of the Rhode Island airport police 34
116	116
117	117
118	118	LC001288 - Page 4 of 29
119	119	department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief 1
120	120	deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those 2
121	121	assigned to the investigation unit; Providence fire department arson investigators, provided that the 3
122	122	investigator receiving the permit is a graduate of a police-training academy; correctional officers, 4
123	123	chief inspector and inspectors within the office of inspections, within the department of corrections; 5
124	124	members of the city or town police force; capitol police investigators of the department of attorney 6
125	125	general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness 7
126	126	protection review board as set forth in chapter 30 of title 12 and subject to the minimum 8
127	127	qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant 9
128	128	to § 31-50-1; railroad police while traveling to and from official assignments or while on 10
129	129	assignments; conservation officers; or other duly appointed law enforcement officers; nor to 11
130	130	members of the Army, Navy, Air Force, Space Force, and Marine Corps of the United States, the 12
131	131	National Guard, or organized reserves, when on duty; nor to members of organizations by law 13
132	132	authorized to purchase or receive firearms from the United States or this state, provided these 14
133	133	members are at, or going to or from, their places of assembly or target practice; nor to officers or 15
134	134	employees of the United States authorized by law to carry a concealed firearm; nor to any civilian 16
135	135	guard or criminal investigator carrying sidearms or a concealed firearm in the performance of his 17
136	136	or her official duties under the authority of the commanding officer of the military establishment 18
137	137	in the state of Rhode Island where he or she is employed by the United States; nor to any civilian 19
138	138	guard carrying sidearms or a concealed firearm in the performance of his or her official duties under 20
139	139	the authority of the adjutant general where he or she is employed guarding a national guard facility, 21
140	140	provided, that the commanding officer of the military establishment shall have on file with the 22
141	141	attorney general of this state a list of the names and addresses of all civilian guards and criminal 23
142	142	investigators so authorized; nor to duly authorized military organizations when on duty; nor to 24
143	143	members when at, or going to or from, their customary places of assembly; nor to any individual 25
144	144	employed in the capacity of warden, associate warden, major, captain, lieutenant, sergeant, 26
145	145	correctional officer or investigator at any project owned or operated by a municipal detention 27
146	146	facility corporation, including the Donald W. Wyatt Detention Facility; nor to the regular and/or 28
147	147	ordinary transportation of pistols or revolvers as merchandise; nor to any person while transporting 29
148	148	a pistol, or revolvers, unloaded from the place of purchase to their residence, or place of business, 30
149	149	from their residence to their place of business or from their place of business to their residence, or 31
150	150	to a federal firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms 32
151	151	repair facility, to any police station or other location designated as a site of a bona fide “gun buy-33
152	152	back” program, but only if said pistol or revolver is unloaded and any ammunition for said pistol 34
153	153
154	154
155	155	LC001288 - Page 5 of 29
156	156	or revolver is not readily or directly accessible from the passenger compartment of such vehicle 1
157	157	while transporting same and further provided, that in the case of a vehicle without a compartment 2
158	158	separate from the passenger compartment, the firearm or the ammunition shall be stored in a locked 3
159	159	container. 4
160	160	(b) Persons exempted by the provisions of this section from the provisions of § 11-47-8 5
161	161	shall have the right to carry concealed firearms everywhere within this state; provided, that this 6
162	162	shall not be construed as giving the right to carry concealed firearms to a person transporting 7
163	163	firearms as merchandise or as household or business goods. 8
164	164	11-47-21. Restrictions on possession or carrying of explosives or noxious substances. 9
165	165	Any person, except a member of the state police, division of sheriffs, a member of the 10
166	166	police force of any city or town, or a member of the Army, Navy, Air Force, Space Force or Marine 11
167	167	Corps of the United States, or of the National Guard or organized reserves when on duty, who 12
168	168	possesses, or carries on or about his or her person or in a vehicle, a bomb or bombshell, except for 13
169	169	blasting or other commercial use, or who, with intent to use it unlawfully against the person or 14
170	170	property of another, possesses or carries any explosive substance, or any noxious liquid, gas, or 15
171	171	substance, shall be guilty of a violation of this chapter and punished as provided in § 11-47-26. 16
172	172	11-47-35. Sale of concealable weapons — Safety courses and tests — Issuance of 17
173	173	permits to certain government officers. 18
174	174	(a)(1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall 19
175	175	have elapsed from twelve o’clock (12:00) noon of the day following the day of application for the 20
176	176	purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with 21
177	177	the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the 22
178	178	United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and 23
179	179	any nonresident member of the armed forces of the United States who is stationed in this state and 24
180	180	who is twenty-one (21) years of age or older, may, upon application, purchase or acquire a pistol 25
181	181	or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser shall: 26
182	182	(i) Complete and sign in triplicate and deliver to the person selling the pistol or revolver the 27
183	183	application form described in this section, and in no case shall it contain the serial number of the 28
184	184	pistol or revolver; and (ii) Present to the person selling the pistol or revolver a pistol/revolver safety 29
185	185	certificate issued by the department of environmental management. The certificate shall be retained 30
186	186	in the possession of the buyer. The pistol/revolver safety certificate shall certify that the purchaser 31
187	187	has completed a basic pistol/revolver safety course as shall be administered by the department of 32
188	188	environmental management. 33
189	189	(Face of application form) 34
190	190
191	191
192	192	LC001288 - Page 6 of 29
193	193	Application to Purchase Pistol or Revolver 1
194	194	Date .............................................................. Hour ..................................................... A.M. P.M. 2
195	195	Name ............................................................................................................................................... 3
196	196	Address ............................................................................................................................................ 4
197	197	(Street and number) (City or town) (State) 5
198	198	Date of Birth ......................................... Place of Birth ................................................................... 6
199	199	Height ........................................Weight .......................................Color hair.................................. 7
200	200	Color eyes ........................................................................................................................................ 8
201	201	Scars ................................................................................................................................................. 9
202	202	Tattoos ............................................................................................................................................. 10
203	203	Other identifying marks......................... .......................................................................................... 11
204	204	Are you a citizen of the United States ............................................................................................. 12
205	205	Are you a citizen of Rhode Island ................................................................................................... 13
206	206	How long ......................................................................................................................................... 14
207	207	Where stationed ............................................................................................................................... 15
208	208	(Armed Forces only) 16
209	209	Number of pistols and/or revolvers to be purchased ....................................................................... 17
210	210	Have you ever been convicted of a crime of violence .................................................................... 18
211	211	(See § 11-47-2) 19
212	212	Have you ever been adjudicated or under confinement as addicted to a 20
213	213	controlled substance ....................................................................................................................... 21
214	214	Have you ever been adjudicated or under confinement for alcoholism ......................................... 22
215	215	Have you ever been confined or treated for mental illness ............................................................ 23
216	216	From whom is pistol or revolver being purchased ......................................................................... 24
217	217	Seller’s address ............................................................................................................................... 25
218	218	Seller’s signature ............................................................................................................................ 26
219	219	Applicant’s signature ...................................................................................................................... 27
220	220	(See § 11-47-23 for penalty for false information on this application) 28
221	221	(Reverse side of application form) 29
222	222	AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 — 11-30
223	223	47-55, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the 31
224	224	penalties for violation of the provisions of the cited sections. I further certify that I have completed 32
225	225	the required basic pistol/revolver safety course. 33
226	226	Signed ............................................................................................................................................. 34
227	227
228	228
229	229	LC001288 - Page 7 of 29
230	230	(over) 1
231	231	County of ........................................................................................................................................ 2
232	232	State of Rhode Island (Face of application form) 3
233	233	Application to Purchase Pistol or Revolver 4
234	234	Date ………………………………………… Hour ………………………………… A.M. P.M. 5
235	235	Name ............................................................................................................................................... 6
236	236	Address ........................................................................................................................................... 7
237	237	(Street and number) (City or town) (State) 8
238	238	Date of Birth ....................................................... Place of Birth ................................................... 9
239	239	Height ............................................. Weight ......................... Color hair ....................................... 10
240	240	Color eyes ........................................................................................................................................ 11
241	241	Scars ................................................................................................................................................ 12
242	242	Tattoos ............................................................................................................................................ 13
243	243	Other identifying marks .................................................................................................................. 14
244	244	Are you a citizen of the United States ............................................................................................. 15
245	245	Are you a citizen of Rhode Island ................................................................................................... 16
246	246	How long ......................................................................................................................................... 17
247	247	Where stationed .............................................................................................................................. 18
248	248	(Armed Forces only) 19
249	249	Number of pistols and/or revolvers to be purchased ....................................................................... 20
250	250	Have you ever been convicted of a crime of violence .................................................................... 21
251	251	(See § 11-47-2) 22
252	252	Have you ever been adjudicated or under confinement as addicted to a controlled substance 23
253	253	......................................................................................................................................................... 24
254	254	Have you ever been adjudicated or under confinement for alcoholism .......................................... 25
255	255	......................................................................................................................................................... 26
256	256	Have you ever been confined or treated for mental illness ............................................................. 27
257	257	From whom is pistol or revolver being purchased .......................................................................... 28
258	258	Seller's address ................................................................................................................................ 29
259	259	Seller's signature ............................................................................................................................. 30
260	260	Applicant's signature ....................................................................................................................... 31
261	261	(See § 11-47-23 for penalty for false information on this application) 32
262	262	(Reverse side of application form) 33
263	263	AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 — 11-34
264	264
265	265
266	266	LC001288 - Page 8 of 29
267	267	47-55, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the 1
268	268	penalties for violation of the provisions of the cited sections. I further certify that I have 2
269	269	completed the required basic pistol/revolver safety course. 3
270	270	Signed ............................................................................................................................................. 4
271	271	(over) 5
272	272	County of ........................................................................................................................................ 6
273	273	State of Rhode Island 7
274	274	Subscribed and sworn before me this ……… day of ……. A.D. 20..... 8
275	275	Notary Public 9
276	276	...................................... 10
277	277	Subscribed and sworn before me this ……….... day of ………...... A.D. 20……………………. 11
278	278	Notary Public 12
279	279	.............................. 13
280	280	(2) The person selling the pistol or revolver shall on the date of application sign and 14
281	281	forward by registered mail, by delivery in person, or by electronic mail if approved by the 15
282	282	applicable police department, the original and duplicate copies of the application to the chief of 16
283	283	police in the city or town in which the purchaser has his or her residence or to the superintendent 17
284	284	of the Rhode Island state police in the instance where the purchaser either resides in the town of 18
285	285	Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of 19
286	286	police in the city or town in which the purchaser has his or her residence shall mark or stamp the 20
287	287	original copy of the application form with the date and the time of receipt and return it by the most 21
288	288	expeditious means to the person who is selling the pistol or revolver. The triplicate copy duly signed 22
289	289	by the person who is selling the pistol or revolver shall within seven (7) days be sent by him or her 23
290	290	by registered mail, by delivery in person, or by electronic mail to the attorney general. The person 24
291	291	who is selling the pistol or revolver shall retain the original copy duly receipted by the police 25
292	292	authority to whom sent or delivered for a period of six (6) years with other records of the sale. It 26
293	293	shall be the duty of the police authority to whom the duplicate copy of the application form is sent 27
294	294	or delivered to make a background check of the applicant to ascertain whether he or she falls under 28
295	295	the provisions of § 11-47-5, § 11-47-6, § 11-47-7, or § 11-47-23. If, after the lapse of seven (7) 29
296	296	days from twelve o’clock (12:00) noon of the day following application, no disqualifying 30
297	297	information has been received from the investigating police authority by the person who is selling 31
298	298	the pistol or revolver, he or she will deliver the firearm applied for to the purchaser. Upon the 32
299	299	finding of no disqualifying information under the provisions of the above cited sections of this 33
300	300	chapter, and in no case later than thirty (30) days after the date of application, the duplicate and 34
301	301
302	302
303	303	LC001288 - Page 9 of 29
304	304	triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate copies 1
305	305	in violation of this section or any unauthorized use of the information contained in the copies by a 2
306	306	person or agency shall be punishable by a fine of not more than one thousand dollars ($1,000). The 3
307	307	provisions of this section shall not apply to bona fide sales at wholesale to duly licensed retail 4
308	308	dealers, nor to purchases by retail dealers duly licensed under the provisions of § 11-47-39. 5
309	309	(b)(1) The department of environmental management shall establish the basic 6
310	310	pistol/revolver safety course required by this section. The safety course shall consist of not less 7
311	311	than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course 8
312	312	shall be available to buyers continually throughout the year at convenient times and places but at 9
313	313	least monthly at locations throughout the state, or more frequently as required. Proficiency in the 10
314	314	use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No 11
315	315	person shall be required to complete the course more than once; provided, that any person 12
316	316	completing the course who is unable to produce the safety certificate issued by the department of 13
317	317	environmental management shall be required to take the course again unless the person provides 14
318	318	evidence to the department that he or she has successfully completed the course. 15
319	319	(2) The administration of the basic pistol/revolver safety course required by this section 16
320	320	shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year. 17
321	321	(c) Proof of passage of the department of environmental management’s basic hunter safety 18
322	322	course will be equivalent to the pistol/revolver safety certificate mandated by this section. 19
323	323	(d) Any person who has reason to believe that he or she does not need the required handgun 20
324	324	safety course may apply by any written means to the department of environmental management to 21
325	325	take an objective test on the subject matter of the handgun safety course. The test shall be prepared, 22
326	326	as well as an instruction manual upon which the test shall be based, by the department. The manual 23
327	327	shall be made available by any means to the applicant who may, within the time limits for 24
328	328	application, take the objective test at the department or at any location where the handgun safety 25
329	329	course is being given. Any person receiving a passing grade on the test shall be issued a 26
330	330	pistol/revolver safety certificate by the department. 27
331	331	(e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L. 2005, ch. 27, § 11.] 28
332	332	(f) The following persons shall be issued basic pistol/revolver permits by the department 29
333	333	of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the 30
334	334	state police, prison or jail wardens or their deputies, members of the city or town police force, 31
335	335	members of the park police, conservation officers, members of the airport police and officers of the 32
336	336	United States government authorized by law to carry a concealed firearm and, at the discretion of 33
337	337	the department of environmental management, any person who can satisfactorily establish that he 34
338	338
339	339
340	340	LC001288 - Page 10 of 29
341	341	or she formerly held one of these offices or were so authorized. 1
342	342	(g) Any person who is serving in the Army, Navy, Air Force, Marine Corps, Space Force 2
343	343	or Coast Guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate 3
344	344	or basic pistol/revolver permit under this section so long as he or she remains on active duty. 4
345	345	(h) Any person who is serving in the active reserve components of the Army, Navy, Air 5
346	346	Force, Marine Corps, Space Force, or Coast Guard, or any person in an active duty paid status in 6
347	347	the Rhode Island National Guard, shall not be required to obtain a basic pistol/revolver safety 7
348	348	certificate under this section so long as he or she remains in active status. 8
349	349	11-47-51. Loaded rifles and shotguns in vehicles and roadways. 9
350	350	(a) It is unlawful for any person to have in his or her possession a loaded rifle or loaded 10
351	351	shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been 11
352	352	removed while upon or along any public highway, road, lane, or trail within this state; provided, 12
353	353	that the provisions of this section shall not apply to deputy sheriffs, the superintendent and members 13
354	354	of the state police, prison or jail wardens or their deputies, members of the city or town police force, 14
355	355	investigators of the department of attorney general appointed pursuant to § 42-9-8.1, the director, 15
356	356	assistant director and other inspectors and agents at the Rhode Island state fugitive task force 16
357	357	appointed pursuant to § 12-6-7.2 [repealed], nor to other duly appointed law enforcement officers, 17
358	358	including conservation officers, nor to members of the Army, Navy, Air Force, Space Force, or 18
359	359	Marine Corps of the United States, or the National Guard or organized reserves, when on duty, nor 19
360	360	to officers or employees of the United States authorized by law to carry a concealed firearm, nor to 20
361	361	any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the 21
362	362	performance of his or her official duties under the authority of the commanding officer of the 22
363	363	military establishment in the state of Rhode Island where he or she is employed by the United 23
364	364	States; nor to persons legally engaged in hunting activity pursuant to the provisions of chapter 13 24
365	365	or 18 of title 20. 25
366	366	(b) Any person convicted of violating the provisions of this section shall be punished by 26
367	367	imprisonment of not more than five (5) years, or by a fine of up to five thousand dollars ($5,000), 27
368	368	or both. 28
369	369	SECTION 5. Section 11-70-1 of the General Laws in Chapter 11-70 entitled "False 29
370	370	Representation of Military Status" is hereby amended to read as follows: 30
371	371	11-70-1. False representation of military status prohibited — Stolen valor. 31
372	372	(a) A person commits the crime of stolen valor if he or she knowingly, with the intent to 32
373	373	obtain money or property: 33
374	374	(1) Fraudulently represents himself or herself to be an active member or veteran of the 34
375	375
376	376
377	377	LC001288 - Page 11 of 29
378	378	United States Navy, Army, Air Force, Marines, Space Force, or Coast Guard, including armed 1
379	379	forces reserves and National Guard, through the unauthorized manufacture, sale, or use of military 2
380	380	regalia or gear, including the wearing of military uniforms, or the use of falsified military 3
381	381	identification, and obtains money or property through such fraudulent representation; or 4
382	382	(2) Fraudulently represents himself or herself to be a recipient of the Congressional Medal 5
383	383	of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, 6
384	384	Combat Infantryman Badge, Combat Action Badge, Combat Medical Badge, Combat Action 7
385	385	Ribbon, or Air Force Combat Action Medal, and obtains money or property through such 8
386	386	fraudulent representation. 9
387	387	(b) A person who commits the crime of stolen valor is guilty of a misdemeanor and shall 10
388	388	be punished by imprisonment for not more than one year or by a fine of one thousand dollars 11
389	389	($1,000), or both. 12
390	390	(c) Any monies collected pursuant to this chapter shall be forwarded to the office of the 13
391	391	adjutant general to be allocated to the Rhode Island military family relief fund established pursuant 14
392	392	to § 30-3-41. 15
393	393	SECTION 6. Section 16-92-3 of the General Laws in Chapter 16-92 entitled "Interstate 16
394	394	Compact on Educational Opportunity for Military Children" is hereby amended to read as follows: 17
395	395	16-92-3. Definitions. 18
396	396	As used in this chapter, unless the context clearly requires a different construction: 19
397	397	(1) “Active duty” means full-time duty status in the active uniformed service of the United 20
398	398	States, including members of Space Force, the National Guard and Reserve on active duty orders 21
399	399	pursuant to 10 U.S.C. § 1209 and 1211. 22
400	400	(2) “Children of military families” means a school-aged child or children, enrolled in 23
401	401	kindergarten through twelfth grade, in the household of an active duty member. 24
402	402	(3) “Compact commissioner” means the voting representative of each compacting state 25
403	403	appointed pursuant to § 16-91-9 of this chapter. 26
404	404	(4) “Deployment” means the period one month prior to the service members’ departure 27
405	405	from their home station on military orders through six (6) months after return to their home station. 28
406	406	(5) “Education or educational records” means those official records, files, and data directly 29
407	407	related to a student and maintained by the school or local education agency, including, but not 30
408	408	limited to, records encompassing all the material kept in the student’s cumulative folder such as 31
409	409	general identifying data, records of attendance and of academic work completed, records of 32
410	410	achievement and results of evaluative tests, health data, disciplinary status, test protocols, and 33
411	411	individualized education programs. 34
412	412
413	413
414	414	LC001288 - Page 12 of 29
415	415	(6) “Extracurricular activities” means a voluntary activity sponsored by the school or local 1
416	416	education agency or an organization sanctioned by the local education agency. Extracurricular 2
417	417	activities include, but are not limited to, preparation for and involvement in public performances, 3
418	418	contests, athletic competitions, demonstrations, displays, and club activities. 4
419	419	(7) “Interstate Commission on Educational Opportunity for Military Children” means the 5
420	420	commission that is created under this chapter, which is generally referred to as interstate 6
421	421	commission. 7
422	422	(8) “Local education agency” means a public authority legally constituted by the state as 8
423	423	an administrative agency to provide control of and direction for kindergarten through twelfth grade 9
424	424	public educational institutions. 10
425	425	(9) “Member state” means a state that has enacted this compact. 11
426	426	(10) “Military installation” means a base, camp, post, station, yard, center, homeport 12
427	427	facility for any ship, or other activity under the jurisdiction of the Department of Defense, including 13
428	428	any leased facility, which is located within any of the several states, the District of Columbia, the 14
429	429	Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern 15
430	430	Marianas Islands and any other U.S. Territory. Such term does not include any facility used 16
431	431	primarily for civil works, rivers and harbors projects, or flood control projects. 17
432	432	(11) “Non-member state” means a state that has not enacted this compact. 18
433	433	(12) “Receiving state” means the state to which a child of a military family is sent, brought, 19
434	434	or caused to be sent or brought. 20
435	435	(13) “Rule” means a written statement by the interstate commission promulgated pursuant 21
436	436	to § 16-91-13 of this chapter that is of general applicability, implements, interprets or prescribes a 22
437	437	policy or provision of the compact, or an organizational, procedural, or practice requirement of the 23
438	438	interstate commission, and has the force and effect of statutory law in a member state, and includes 24
439	439	the amendment, repeal, or suspension of an existing rule. 25
440	440	(14) “Sending state” means the state from which a child of a military family is sent, 26
441	441	brought, or caused to be sent or brought. 27
442	442	(15) “State” means a state of the United States, the District of Columbia, the 28
443	443	Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern 29
444	444	Marianas Islands and any other U.S. Territory. 30
445	445	(16) “Student” means the child of a military family for whom the local education agency 31
446	446	receives public funding and who is formally enrolled in kindergarten through twelfth grade. 32
447	447	(17) “Transition” means: (i) The formal and physical process of transferring from school 33
448	448	to school; or (ii) The period of time in which a student moves from one school in the sending state 34
449	449
450	450
451	451	LC001288 - Page 13 of 29
452	452	to another school in the receiving state. 1
453	453	(18) “Uniformed service or services” means the Army, Navy, Air Force, Marine Corps, 2
454	454	Space Force, Coast Guard as well as the Commissioned Corps of the National Oceanic and 3
455	455	Atmospheric Administration, and Public Health Services. 4
456	456	(19) “Veteran” means a person who served in the uniformed services and who was 5
457	457	discharged or released there from under conditions other than dishonorable. 6
458	458	SECTION 7. Sections 20-13-4 and 20-13-8 of the General Laws in Chapter 20-13 entitled 7
459	459	"Hunting and Hunting Safety" are hereby amended to read as follows: 8
460	460	20-13-4. Certificate of competency required for initial license. 9
461	461	(a) No license to hunt shall be issued to any person unless that person has held a hunting 10
462	462	license in a prior year or unless he or she presents to the licensing agent a certificate of competency 11
463	463	issued under § 20-13-2, or under an equivalent hunter safety program adopted by any other state; 12
464	464	provided, that in the case of those qualifying only for use of archery equipment, the licensing agent 13
465	465	shall mark across the face of the license “archery only.” A hunting license designated “archery 14
466	466	only” is limited to the use of bows and arrows while hunting or pursuing game in this state. Each 15
467	467	agent shall transmit all competency certificates presented to the agent to the department of 16
468	468	environmental management, along with the reports required to be filed pursuant to § 20-2-3. 17
469	469	(b) Any person who is serving in, or who has been honorably discharged from, the army, 18
470	470	navy, air force, marine corps, space force, or coast guard, or any women’s auxiliary branch, is not 19
471	471	required to obtain a certificate of competency under this section or § 20-13-2. 20
472	472	20-13-8. Loaded weapons in vehicles. 21
473	473	It is unlawful for any person to have in his or her possession a loaded rifle or loaded shotgun 22
474	474	or a rifle or shotgun from the magazine of which all shells and cartridges have not been removed, 23
475	475	in or on any vehicle or conveyance or its attachments while upon or along any public highway, 24
476	476	road, lane, or trail within this state; provided, however, that the provisions of this section shall not 25
477	477	apply to deputy sheriffs, the superintendent and members of the state police, prison or jail wardens 26
478	478	or their deputies, members of the city or town police force, or other duly appointed law enforcement 27
479	479	officers, including conservation officers and park police, nor to members of the army, navy, air 28
480	480	force, space force, and marine corps of the United States, the national guard or organized reserves, 29
481	481	when on duty, or officers or employees of the United States authorized by law to carry a concealed 30
482	482	firearm, nor to any civilian guard or criminal investigator carrying sidearms or a concealed firearm 31
483	483	in the performance of his or her official duties under the authority of the commanding officer of 32
484	484	the military establishment in the state of Rhode Island where he or she is employed by the United 33
485	485	States. 34
486	486
487	487
488	488	LC001288 - Page 14 of 29
489	489	SECTION 8. Sections 30-3-11 and 30-3-38 of the General Laws in Chapter 30-3 entitled 1
490	490	"National Guard" are hereby amended to read as follows: 2
491	491	30-3-11. Classes from which commissioned officers selected. 3
492	492	Persons hereafter commissioned as officers of the national guard shall be selected from the 4
493	493	following classes: 5
494	494	(1) Officers or enlisted persons of the national guard; 6
495	495	(2) Officers, active or retired, reserve officers, and former officers of the United States 7
496	496	army, air force, navy, marine corps, space force, or coast guard, enlisted men and former enlisted 8
497	497	persons of the United States army, air force, navy, marine corps, space force, or coast guard who 9
498	498	have received an honorable discharge therefrom; 10
499	499	(3) Graduates of any of the United States military and naval academies; 11
500	500	(4) Graduates of schools, colleges, universities, and officers’ training camps, where they 12
501	501	have received military instruction under the supervision of an officer of the armed forces on active 13
502	502	duty who certified their fitness for appointment as commissioned officers; 14
503	503	(5) For the technical branches or staff corps and departments, such other civilians as may 15
504	504	be specially qualified for duty therein; and 16
505	505	(6) Or otherwise, as the above classes shall be changed or altered by the laws of the United 17
506	506	States and the regulations issued thereunder. 18
507	507	30-3-38. Retirement of officers. 19
508	508	(a) Every commissioned officer or warrant officer of the national guard shall, upon 20
509	509	reaching the age of retirement as provided by the laws of the United States, be placed on the retired 21
510	510	list with the rank held by him or her at the time of retirement. 22
511	511	(b) Any commissioned officer of the national guard who shall have served in the militia of 23
512	512	the state for ten (10) years, or who shall have served as an enlisted person or officer for thirteen 24
513	513	(13) years, may, upon his or her own application to the commander-in-chief, be placed upon the 25
514	514	list of retired officers and withdrawn from active service with the highest rank held by that officer. 26
515	515	(c) In computing the time necessary for retirement, officers shall be credited for all service 27
516	516	in the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, and the 28
517	517	Rhode Island state guard in time of war. 29
518	518	(d) These officers shall be borne on the rolls of the national guard and, during any 30
519	519	emergency, may be placed on duty by the governor. 31
520	520	SECTION 9. Section 30-17.1-1 of the General Laws in Chapter 30-17.1 entitled "Veterans’ 32
521	521	Affairs" is hereby amended to read as follows: 33
522	522	30-17.1-1. Appropriations. 34
523	523
524	524
525	525	LC001288 - Page 15 of 29
526	526	The general assembly shall annually appropriate such sums as it may deem necessary for 1
527	527	the support of the veterans’ home in the town of Bristol, any veterans’ cemetery authorized and 2
528	528	established by the general assembly, and the assistance of the widows, widowers, and dependent 3
529	529	children of deceased veterans, known as the “veterans’ assistance fund”, for the assistance of 4
530	530	worthy dependent veterans, and the dependent-worthy families of those veterans who served in the 5
531	531	army, navy, marine corps, coast guard, space forces, and air force of the United States and were 6
532	532	honorably discharged from that service, and for such clerical assistance as may be required in 7
533	533	connection with the administration of that program; and the state controller is hereby authorized 8
534	534	and directed to draw an order upon the general treasurer for the payment of such sums as may be 9
535	535	from time to time required, upon receipt by the state controller of proper vouchers approved by the 10
536	536	director of veterans’ affairs. 11
537	537	SECTION 10. Section 30-21-12 of the General Laws in Chapter 30-21 entitled 12
538	538	"Employment of Veterans" is hereby amended to read as follows: 13
539	539	30-21-12. Appointment to police or fire forces. 14
540	540	Any citizen who has served in the military service of the United States, in the army, navy, 15
541	541	marines, coast guard, space force, or air force thereof, and who has received an honorable discharge 16
542	542	therefrom, may be eligible for appointment as a police officer or firefighter in any city or town of 17
543	543	this state in the same manner as though that citizen were a qualified elector of the city or town on 18
544	544	the date of his or her appointment; provided, however, that the citizen, if registered at any time 19
545	545	during the military service, would be a qualified elector of that city or town at the date of that 20
546	546	appointment. 21
547	547	SECTION 11. Sections 30-24-1 and 30-24-10 of the General Laws in Chapter 30-24 22
548	548	entitled "Rhode Island Veterans’ Home" are hereby amended to read as follows: 23
549	549	30-24-1. Management and control. 24
550	550	The management and control of the Rhode Island veterans’ home, established in this state 25
551	551	for those who served in the army, navy, marine corps, coast guard, merchant marines, space force, 26
552	552	or air force of the United States in any war or conflict and were honorably discharged therefrom, 27
553	553	who shall be in need of such care as is provided at the home, shall be the responsibility of the 28
554	554	director of human services, or his or her designee. 29
555	555	30-24-10. Admissible to home — Fees. 30
556	556	(a) Any person who has served in the army, navy, marine corps, coast guard, space force, 31
557	557	or air force of the United States for a period of ninety (90) days or more and that period began or 32
558	558	ended during any foreign war in which the United States shall have been engaged or in any 33
559	559	expedition or campaign for which the United States government issues a campaign medal, and who 34
560	560
561	561
562	562	LC001288 - Page 16 of 29
563	563	was honorably discharged from it, and who shall be deemed to be in need of care provided at the 1
564	564	Rhode Island veterans’ home, may be admitted to that facility subject to such rules and regulations 2
565	565	as shall be adopted by the director of human services to govern the admission of applicants to the 3
566	566	facility. Any person who has served in the armed forces of the United States designated herein and 4
567	567	otherwise qualified, who has served less than the ninety-day (90) period described in this section, 5
568	568	and who was honorably discharged from service, and who, as a result of the service, acquired a 6
569	569	service-connected disability or disease, may be admitted. No person shall be admitted to the facility 7
570	570	unless the person has been accredited to the enlistment or induction quota of the state or has resided 8
571	571	in the state for at least two (2) consecutive years next prior to the date of the application for 9
572	572	admission to the facility. 10
573	573	(b)(1) The director shall, at the end of each fiscal year, determine the net, per-diem 11
574	574	expenses of maintenance of residents in the facility and shall assess against each resident who has 12
575	575	“net income”, as defined in this section, a fee equal to eighty percent (80%) of the resident’s net 13
576	576	income, provided that fee shall not exceed the actual cost of care and maintenance for the resident; 14
577	577	and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall 15
578	578	be allocated to, and deposited in, the veterans’ restricted account. For the purposes of this section, 16
579	579	“net income” is defined as gross income minus applicable federal and state taxes and minus: 17
580	580	(i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty 18
581	581	percent (50%) of any sum received due to wounds incurred under battle conditions for which the 19
582	582	resident received the purple heart; and 20
583	583	(ii) The amount paid by a resident for the support and maintenance of his or her spouse, 21
584	584	parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as 22
585	585	defined in title XVI of the Federal Social Security Act, 42 U.S.C. §§ 1381 — 1383d, subject to a 23
586	586	maximum amount to be determined by rules and regulations as shall be adopted by the director. 24
587	587	(2) The fees shall be paid monthly to the home and any failure to make payment when due 25
588	588	shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded 26
589	589	administrative due process. 27
590	590	(c) Admissions to the veterans’ home shall be made without discrimination as to race, 28
591	591	color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender identity 29
592	592	or expression, assets, or income. 30
593	593	(d) Laundry services shall be provided to the residents of the Rhode Island veterans’ home 31
594	594	at no charge to the residents, with such funds to cover the cost of providing laundry services for 32
595	595	residents of the Rhode Island veterans’ home derived from monies appropriated to the department 33
596	596	of human services. 34
597	597
598	598
599	599	LC001288 - Page 17 of 29
600	600	SECTION 12. Sections 30-25-3 and 30-25-14 of the General Laws in Chapter 30-25 1
601	601	entitled "Burial of Veterans" are hereby amended to read as follows: 2
602	602	30-25-3. Burial at public expense. 3
603	603	Whenever any person who served in the army, navy, air force, coast guard, space force, or 4
604	604	marine corps of the United States during any period of war, and was honorably discharged 5
605	605	therefrom, shall die within this state without leaving means sufficient to defray necessary funeral 6
606	606	expenses, he or she shall be buried and the expenses thereof paid in the manner provided in this 7
607	607	chapter. 8
608	608	30-25-14. Rhode Island veterans’ memorial cemetery. 9
609	609	(a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph 10
610	610	H. Ladd school in the town of Exeter, shall be under the management and control of the director of 11
611	611	the department of human services. The director of the department of human services shall appoint 12
612	612	an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably 13
613	613	discharged veteran of the United States Armed Forces and shall have the general supervision over, 14
614	614	and shall prescribe rules for, the government and management of the cemetery. The administrator 15
615	615	shall make all needful rules and regulations governing the operation of the cemetery and generally 16
616	616	may do all things necessary to ensure the successful operation thereof. The director shall 17
617	617	promulgate rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to 18
618	618	govern the eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all 19
619	619	persons eligible for burial pursuant to rules and regulations established by the director, any person 20
620	620	who served in the army, navy, air force, coast guard, space force, or marine corps of the United 21
621	621	States for a period of not less than two (2) years and whose service was terminated honorably, shall 22
622	622	be eligible for burial in the Rhode Island veterans’ memorial cemetery. The director shall appoint 23
623	623	and employ all subordinate officials and persons needed for the proper management of the 24
624	624	cemetery. National guard members who are killed in the line of duty or who are honorably 25
625	625	discharged after completion of at least six (6) years of service in the Rhode Island national guard 26
626	626	and/or reserve and their spouse shall be eligible for interment in the Rhode Island veterans’ 27
627	627	memorial cemetery. National guard members and/or reservists who are honorably discharged after 28
628	628	completion of at least six (6) years of service with another state, and who are a Rhode Island 29
629	629	resident for at least two (2) consecutive years immediately prior to death, shall be eligible, along 30
630	630	with their spouse, for interment in the Rhode Island veterans’ memorial cemetery. For the purpose 31
631	631	of computing service under this section, honorable service in the active forces or reserves shall be 32
632	632	considered toward the six (6) years of national guard service. The general assembly shall make an 33
633	633	annual appropriation to the department of human services to provide for the operation and 34
634	634
635	635
636	636	LC001288 - Page 18 of 29
637	637	maintenance for the cemetery. The director shall charge and collect a grave liner fee per interment 1
638	638	of the eligible spouse and/or eligible dependents of the qualified veteran, national guard member, 2
639	639	and/or reservist equal to the department’s cost for the grave liner. 3
640	640	(b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’ 4
641	641	memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing 5
642	642	ear signal dogs or any other service animal, as required by federal law or any personal assistance 6
643	643	animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section 7
644	644	shall be subject to a fine of not less than five hundred dollars ($500). 8
645	645	(c) The state of Rhode Island office of veterans services shall bear the cost of all tolls 9
646	646	incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from 10
647	647	Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The 11
648	648	executive director of the turnpike and bridge authority shall assist in the administration and 12
649	649	coordination of this toll reimbursement program. 13
650	650	SECTION 13. Section 30-27-2 of the General Laws in Chapter 30-27 entitled "Veterans’ 14
651	651	Organizations" is hereby amended to read as follows: 15
652	652	30-27-2. Recognition of Italian American organization. 16
653	653	The Italian American war veterans of the United States, incorporated, as federally 17
654	654	chartered, whose membership and officers consist solely of honorably discharged American war 18
655	655	veterans who served in the United States army, navy, marine corps, coast guard, space force or air 19
656	656	force, is hereby declared to be an officially recognized veterans’ organization in this state. 20
657	657	SECTION 14. Sections 31-3-53 and 31-3-80 of the General Laws in Chapter 31-3 entitled 21
658	658	"Registration of Vehicles" are hereby amended to read as follows: 22
659	659	31-3-53. Veterans’ plates. 23
660	660	(a) The registrar of motor vehicles shall issue for any motor vehicle eligible for registration 24
661	661	as an automobile, or for any motorcycle eligible for registration as a motorcycle, or for a 25
662	662	commercial vehicle having a gross weight of twelve thousand pounds (12,000 lbs.) or less, plates 26
663	663	designated as “Veteran” upon application on proper forms furnished by the administrator of the 27
664	664	division of motor vehicles to veterans. 28
665	665	(b) The special plate designated “Veteran” shall be designed as follows: 29
666	666	(1) Letters and numbers shall be blue in a white background with the words “Rhode Island” 30
667	667	clearly visible at the top center of the plate and the word “Veteran” visible at the bottom center of 31
668	668	the plate. 32
669	669	(2) The background will be a red, white, and blue waving American Flag. 33
670	670	(3) On the top right corner will be a decal with the military branch of the service in which 34
671	671
672	672
673	673	LC001288 - Page 19 of 29
674	674	the Veteran served (Army, Navy, Air Force, Marines, Coast Guard, Space Force and Merchant 1
675	675	Marines). 2
676	676	(4) For war veterans, a white decal with blue letters with the words “War Veteran” placed 3
677	677	under the military branch decal on the right side of the plate above the validation sticker. 4
678	678	(c) The applicant shall not be required to pay a service charge or a transfer charge for each 5
679	679	plate. 6
680	680	(d)(1) The applicant shall be entitled to a plate for each vehicle owned by the applicant. 7
681	681	(2) The applicant shall also be entitled to a plate for one vehicle owned by an entity the 8
682	682	applicant owns. The entity must be registered and authorized to conduct business in the state of 9
683	683	Rhode Island. The applicant must provide to the division of motor vehicles documentation 10
684	684	demonstrating the applicant’s ownership of the entity. 11
685	685	(e) The owner of a motor vehicle eligible for registration as a commercial vehicle and 12
686	686	having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued veteran plates 13
687	687	shall continue to pay the appropriate commercial registration fee for those plates. 14
688	688	(f)(1) For the purposes of this section, a “veteran” shall be defined as any person who has 15
689	689	served on active duty in the armed forces of the United States. The term “veteran” shall also include 16
690	690	members of the National Guard and Reserves: (i) Called to active duty authorized by the President 17
691	691	of the United States or the Secretary of Defense; or (ii) Who have twenty (20) years of service with 18
692	692	a letter and record of separation of service. 19
693	693	(2) For the purposes of this section, “War Veteran” shall be defined as any veteran of any 20
694	694	conflict or undeclared war who has earned a campaign ribbon or expeditionary medal for service 21
695	695	in either a declared or undeclared war as noted on the war veteran’s DD-214. Upon the death of the 22
696	696	holder of any veteran plates, the plates shall be transferred to the surviving spouse for the spouse’s 23
697	697	lifetime until he or she remarries. 24
698	698	(g) The “veteran” or “war veteran” described in subdivisions (f)(1)(i) or (ii) and (f)(2) must 25
699	699	have been honorably discharged from the armed forces of this nation in order to receive plates 26
700	700	pursuant to this section and, for purposes of this section, a medical discharge or a general discharge 27
701	701	shall be deemed an honorable discharge. 28
702	702	(h) [Deleted by P.L. 2021, ch. 119, § 1 and P.L. 2021, ch. 120, § 1.] 29
703	703	(i) A person shall be eligible for a veterans’ plate if his or her deceased spouse was eligible 30
704	704	for a veterans’ plate, notwithstanding the fact that the eligible, deceased spouse died prior to the 31
705	705	enactment of this section in 1988. 32
706	706	31-3-80. Reserve Forces plates. 33
707	707	(a) The administrator of the division of motor vehicles is empowered and authorized to 34
708	708
709	709
710	710	LC001288 - Page 20 of 29
711	711	make available to all active and retired members of the United States Reserve Forces of Rhode 1
712	712	Island a special motor vehicle registration plate for any motor vehicle eligible for registration as an 2
713	713	automobile or a commercial vehicle having a gross weight of eight thousand five hundred pounds 3
714	714	(8,500 lbs.) or less. 4
715	715	(b) The special motor vehicle registration plate shall carry on it the designation “US 5
716	716	Reserve Forces” and shall carry on it the titles, (Army, Marines, Navy, Air Force, Space Force, and 6
717	717	Coast Guard) arranged on the left hand side of the plate from top to bottom in this order of 7
718	718	precedence, with numerals to the right of the titles. 8
719	719	(c) The administrator of the division of motor vehicles shall issue the plate upon payment 9
720	720	of a service charge of twenty dollars ($20.00) and a transfer charge of five dollars ($5.00) for the 10
721	721	plate. All revenues shall be deposited as general revenues. 11
722	722	(d) For the purposes of this section an active or retired member of the United States Reserve 12
723	723	Forces shall be defined as currently serving or having retired under honorable conditions from any 13
724	724	of the Reserve Forces other than the Rhode Island Army or Air National Guard. 14
725	725	(e) In a national state of emergency, any active member of the United States Reserve Forces 15
726	726	driving a vehicle bearing the special motor vehicle registration plate shall be authorized and 16
727	727	empowered to travel upon the highways of the state notwithstanding any driving ban imposed by 17
728	728	any state or municipal authority. 18
729	729	(f) No US Reserve Forces plates shall be issued until at least nine hundred (900) such plates 19
730	730	have been ordered. 20
731	731	SECTION 15. Sections 34-12-5 and 34-12-9 of the General Laws in Chapter 34-12 entitled 21
732	732	"Acknowledgments and Notarial Acts" are hereby amended to read as follows: 22
733	733	34-12-5. Power of armed forces officers to take acknowledgments. 23
734	734	In addition to the acknowledgment of instruments and the performance of other notarial 24
735	735	acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, 25
736	736	documents attested, oaths and affirmations administered, depositions and affidavits executed, and 26
737	737	other notarial acts performed, before or by any commissioned officer in active service of the armed 27
738	738	forces of the United States with the rank of second lieutenant or higher in the army, air force, or 28
739	739	marine corps, or with the rank of ensign or higher in the navy or coast guard, or with equivalent 29
740	740	rank in any other component part of the armed forces of the United States, including Space Force, 30
741	741	by any person without the limits of the United States, and to any person who is a member of the 31
742	742	armed forces who is within or without the limits of the United States and their lawful dependents. 32
743	743	34-12-9. Validation of prior acknowledgments before foreign notary public. 33
744	744	Any acknowledgment taken or made prior to April 27, 1928, of or upon any instrument 34
745	745
746	746
747	747	LC001288 - Page 21 of 29
748	748	used in conveying, directly or indirectly, any interest in real estate in this state, including power of 1
749	749	attorney, and any other instruments heretofore acknowledged prior to April 27, 1928, before any 2
750	750	notary public in any foreign country or territory without the United States, which instrument 3
751	751	appears of record to have been duly recorded in any of the records of land evidence in this state, 4
752	752	and the acknowledgment therein appearing was taken before a notary public outside the United 5
753	753	States, which notary public was duly commissioned in the foreign place where the acknowledgment 6
754	754	was taken, to take the acknowledgment, and the acknowledgment is accredited, approved or 7
755	755	affirmed, or the commission of the foreign notary public is attested or certified by any ambassador, 8
756	756	minister, charge d’affaires, consul general, vice-consul general, consul, vice consul, or consular 9
757	757	agent of the United States, or any commissioned officer in active service of the armed forces of the 10
758	758	United States with the rank of second lieutenant or higher in the army, air force, or marine corps, 11
759	759	or with the rank of ensign or higher in the navy or coast guard, or with equivalent rank in any other 12
760	760	component of the armed forces of the United States including Space Force, duly establishing the 13
761	761	fact that the notary public was at the time of taking the acknowledgment duly authorized by the 14
762	762	law, rules, or regulations of his or her particular country or territorial section thereof, in which the 15
763	763	acknowledgment was taken, to duly administer oaths or take acknowledgments, then the 16
764	764	acknowledgment and conveyance in connection with which the acknowledgment was taken shall, 17
765	765	for the purpose of the acknowledgment and execution thereof, be deemed a valid acknowledgment, 18
766	766	and shall have the same effect as if acknowledged before a notary public in this state. 19
767	767	SECTION 16. Section 37-14.3-3 of the General Laws in Chapter 37-14.3 entitled "Veteran-20
768	768	Owned Business Enterprises" is hereby amended to read as follows: 21
769	769	37-14.3-3. Definitions. 22
770	770	As used in this chapter, the following words shall have the following meanings: 23
771	771	(1) “Compliance” means the condition existing when a contractor has met and 24
772	772	implemented the requirements of this chapter. 25
773	773	(2) “Contract” means a mutually binding legal relationship or any modification thereof 26
774	774	obligating the seller to furnish supplies or services, including construction, and the buyer to pay for 27
775	775	them. For purposes of this chapter, a lease is a contract. 28
776	776	(3) “Contractor” means one who participates, through a contract or subcontract, in any 29
777	777	procurement or program covered by this chapter and includes lessees and material suppliers. 30
778	778	(4) “Economically disadvantaged” means that the veteran’s personal net worth is not in 31
779	779	excess of the economic disadvantaged criteria as established in 49 C.F.R. part 26. 32
780	780	(5) “Noncompliance” means the condition existing when a recipient or contractor has failed 33
781	781	to implement the requirements of this chapter. 34
782	782
783	783
784	784	LC001288 - Page 22 of 29
785	785	(6) “Small business concern” means a concern, including its affiliates, that is independently 1
786	786	owned and operated; not dominant in the field of operations in which it is bidding on state 2
787	787	government contracts; and qualified as a small business under the criteria and size standards in 13 3
788	788	C.F.R. part 121. 4
789	789	(7) “Veteran” means a person who served on active duty with the U.S. Army, Air Force, 5
790	790	Navy, Marine Corps, Space Force, or Coast Guard, for a minimum of one hundred eighty (180) 6
791	791	days and who was discharged or released under conditions other than dishonorable. Reservists or 7
792	792	members of the National Guard called to federal active duty (for other than training) or disabled 8
793	793	from a disease or injury incurred or aggravated in the line of duty or while in training status also 9
794	794	qualify as a veteran pursuant to 38 C.F.R. part 74. 10
795	795	(8) “Veteran-owned small business enterprise” means a small business concern, not less 11
796	796	than fifty-one percent (51%) of which is owned and controlled by one or more economically 12
797	797	disadvantaged veterans, and may include a business owned by a surviving spouse or permanent 13
798	798	caregiver of a veteran as provided by 38 C.F.R. part 74. 14
799	799	SECTION 17. Section 34-27-4 of the General Laws in Chapter 34-27 entitled "Mortgage 15
800	800	Foreclosure and Sale" is hereby amended to read as follows: 16
801	801	34-27-4. Publication of notice under power of sale and rights of active military 17
802	802	servicemembers. 18
803	803	(a) Whenever any real estate shall be sold under any power of sale mortgage executed 19
804	804	subsequent to May 4, 1911, and the mortgage shall provide for the giving of notice of the sale by 20
805	805	publication in some public newspaper at least once a week for three (3) successive weeks before 21
806	806	the sale, the first publication of the notice shall be at least twenty-one (21) days before the day of 22
807	807	sale, including the day of the first publication in the computation, and the third publication of the 23
808	808	notice shall be no fewer than seven (7) days before the original date of sale listed in the 24
809	809	advertisement, including the day of the third publication in the computation, and no more than 25
810	810	fourteen (14) days before the original date of sale listed in the advertisement. The sale may take 26
811	811	place no more than fourteen (14) days from the date on which the third successive notice is 27
812	812	published, excluding the day of the third publication in the computation. Provided, however, that 28
813	813	if the sale is adjourned as provided in § 34-11-22, and the adjourned sale is held during the same 29
814	814	calendar week as the originally scheduled day of sale, no additional advertising is required. 30
815	815	Otherwise, publication of the notice of the adjourned sale, together with a notice of the adjournment 31
816	816	or adjournments, shall be continued at least once each week commencing with the calendar week 32
817	817	following the originally scheduled day of sale; the sale, as so adjourned, shall take place during the 33
818	818	same calendar week in which the last notice of the adjourned sale is published, at least one day 34
819	819
820	820
821	821	LC001288 - Page 23 of 29
822	822	after the date on which the last notice is published. 1
823	823	(b) Provided, however, that no notice shall be valid or effective unless the mortgagor has 2
824	824	been mailed written notice of the time and place of sale by certified mail return receipt requested 3
825	825	at the address of the real estate and, if different, at the mortgagor’s address listed with the tax 4
826	826	assessor’s office of the city or town where the real estate is located or any other address mortgagor 5
827	827	designates by written notice to mortgagee at his, her, or its last known address, at least twenty (20) 6
828	828	days for mortgagors other than individual consumer mortgagors, and at least thirty (30) days for 7
829	829	individual consumer mortgagors, days prior to the first publication, including the day of mailing in 8
830	830	the computation. The mortgagee shall include in the foreclosure deed an affidavit of compliance 9
831	831	with this provision. 10
832	832	(c) Provided further, that the notice mailed to the mortgagor in accordance with subsection 11
833	833	(b) above shall also contain a copy of subsection (d) below (printed in not less than 12 point type) 12
834	834	headed by the following notice (printed in not less than 14 point type): “A servicemember on active 13
835	835	duty or deployment or who has recently ceased such duty or deployment has certain rights under 14
836	836	subsection 34-27-4(d) of the Rhode Island general laws set out below. To protect your rights if you 15
837	837	are such a servicemember, you should give written notice to the servicer of the obligation or the 16
838	838	attorney conducting the foreclosure, prior to the sale, that you are a servicemember on active duty 17
839	839	or deployment or who has recently ceased such duty or deployment. This notice may be given on 18
840	840	your behalf by your authorized representative. If you have any questions about this notice, you 19
841	841	should consult with an attorney.” The mortgagee shall include in the foreclosure deed an affidavit 20
842	842	of compliance with this provision. 21
843	843	(d) Foreclosure sales affecting servicemembers. 22
844	844	(1) The following definitions shall apply to this subsection and to subsection (c): 23
845	845	(i) “Servicemember” means a member of the army, navy, air force, marine corps, space 24
846	846	force, or coast guard and members of the national guard or reserves called to active duty. 25
847	847	(ii) “Active duty” has the same meaning as the term is defined in 10 U.S.C. §§ 12301 — 26
848	848	12304. In the case of a member of the national guard, or reserves “active duty” means and includes 27
849	849	service under a call to active service authorized by the president or the secretary of defense for a 28
850	850	period of time of more than thirty (30) consecutive days under 32 U.S.C. § 502(f), for the purposes 29
851	851	of responding to a national emergency declared by the president and supported by federal funds. 30
852	852	(2) This subsection applies only to an obligation on real and related personal property 31
853	853	owned by a service member that: 32
854	854	(i) Originated before the period of the servicemember’s military service or in the case of a 33
855	855	member of the national guard or reserves originated before being called into active duty and for 34
856	856
857	857
858	858	LC001288 - Page 24 of 29
859	859	which the servicemember is still obligated; and 1
860	860	(ii) Is secured by a mortgage or other security in the nature of a mortgage. 2
861	861	(3) Stay of right to foreclose by mortgagee. Upon receipt of written notice from the 3
862	862	mortgagor or mortgagor’s authorized representative that the mortgagor is participating in active 4
863	863	duty or deployment or that the notice as provided in subsection (c) was received within nine (9) 5
864	864	months of completion of active duty or deployment, the mortgagee shall be barred from proceeding 6
865	865	with the execution of sale of the property as defined in the notice until such nine (9) month period 7
866	866	has lapsed or until the mortgagee obtains court approval in accordance with subdivision (d)(5) 8
867	867	below. 9
868	868	(4) Stay of proceedings and adjustment of obligation. In the event a mortgagee proceeds 10
869	869	with foreclosure of the property during, or within nine (9) months after a servicemember’s period 11
870	870	of active duty or deployment notwithstanding receipt of notice contemplated by subdivision (d)(3) 12
871	871	above, the servicemember or his or her authorized representative may file a petition against the 13
872	872	mortgagee seeking a stay of such foreclosure, after a hearing on such petition, and on its own 14
873	873	motion, the court may: 15
874	874	(i) Stay the proceedings for a period of time as justice and equity require; or 16
875	875	(ii) Adjust the obligation as permitted by federal law to preserve the interests of all parties. 17
876	876	(5) Sale or foreclosure. A sale, foreclosure or seizure of property for a breach of an 18
877	877	obligation of a servicemember who is entitled to the benefits under subsection (d) and who provided 19
878	878	the mortgagee with written notice permitted under subdivision (d)(3) shall not be valid if made 20
879	879	during, or within nine (9) months after, the period of the servicemember’s military service except: 21
880	880	(i) Upon a court order granted before such sale, foreclosure or seizure after hearing on a 22
881	881	petition filed by the mortgagee against such servicemember; or 23
882	882	(ii) If made pursuant to an agreement of all parties. 24
883	883	(6) Penalties. A mortgagee who knowingly makes or causes to be made a sale, foreclosure 25
884	884	or seizure of property that is prohibited by subsection (d)(3) shall be fined the sum of one thousand 26
885	885	dollars ($1,000), or imprisoned for not more than one year, or both. The remedies and rights 27
886	886	provided hereunder are in addition to and do not preclude any remedy for wrongful conversion 28
887	887	otherwise available under law to the person claiming relief under this section, including 29
888	888	consequential and punitive damages. 30
889	889	(7) Any petition hereunder shall be commenced by action filed in the superior court for the 31
890	890	county in which the property subject to the mortgage or other security in the nature of a mortgage 32
891	891	is situated. Any hearing on such petition shall be conducted on an expedited basis following such 33
892	892	notice and/or discovery as the court deems proper. 34
893	893
894	894
895	895	LC001288 - Page 25 of 29
896	896	SECTION 18. Section 34-37-3 of the General Laws in Chapter 34-37 entitled "Rhode 1
897	897	Island Fair Housing Practices Act" is hereby amended to read as follows: 2
898	898	34-37-3. Definitions. 3
899	899	When used in this chapter: 4
900	900	(1) “Age” means anyone over the age of eighteen (18). 5
901	901	(2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant 6
902	902	Marines, Space Force, or Air Force of the United States and the Rhode Island National Guard. 7
903	903	(3) “Commission” means the Rhode Island commission for human rights created by § 28-8
904	904	5-8. 9
905	905	(4) “Disability” means a disability as defined in § 42-87-1. 10
906	906	Provided, further, that the term “disability” does not include current, illegal use of, or 11
907	907	addiction to, a controlled substance, as defined in 21 U.S.C. § 802. 12
908	908	(5) “Discriminate” includes segregate, separate, or otherwise differentiate between or 13
909	909	among individuals because of race, color, religion, sex, sexual orientation, gender identity or 14
910	910	expression, marital status, lawful source of income, military status as a veteran with an honorable 15
911	911	discharge or an honorable or general administrative discharge, servicemember in the armed forces, 16
912	912	country of ancestral origin, disability, age, housing status, or familial status or because of the race, 17
913	913	color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source 18
914	914	of income, military status as a veteran with an honorable discharge or an honorable or general 19
915	915	administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 20
916	916	age, housing status, or familial status of any person with whom they are, or may wish to be, 21
917	917	associated. 22
918	918	(6) The term “domestic abuse” for the purposes of this chapter shall have the same meaning 23
919	919	as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2, 24
920	920	except that the domestic abuse need not involve a minor or parties with minor children. 25
921	921	(7)(i) “Familial status” means one or more individuals who have not attained the age of 26
922	922	eighteen (18) years being domiciled with: 27
923	923	(A) A parent or another person having legal custody of the individual or individuals; or 28
924	924	(B) The designee of the parent or other person having the custody, with the written 29
925	925	permission of the parent or other person, provided that, if the individual is not a relative or legal 30
926	926	dependent of the designee, that the individual shall have been domiciled with the designee for at 31
927	927	least six (6) months. 32
928	928	(ii) The protections afforded against discrimination on the basis of familial status shall 33
929	929	apply to any person who is pregnant or is in the process of securing legal custody of any individual 34
930	930
931	931
932	932	LC001288 - Page 26 of 29
933	933	who has not attained the age of eighteen (18) years. 1
934	934	(8) The terms, as used regarding persons with disabilities, “auxiliary aids and services,” 2
935	935	“reasonable accommodation,” and “reasonable modifications” have the same meaning as those 3
936	936	terms are defined in § 42-87-1.1. 4
937	937	(9) The term “gender identity or expression” includes a person’s actual or perceived 5
938	938	gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, 6
939	939	or gender-related expression; whether or not that gender identity, gender-related self image, gender-7
940	940	related appearance, or gender-related expression is different from that traditionally associated with 8
941	941	the person’s sex at birth. 9
942	942	(10) “Housing accommodation” includes any building or structure, or portion of any 10
943	943	building or structure, or any parcel of land, developed or undeveloped, that is occupied or is 11
944	944	intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or 12
945	945	residence of one or more persons. 13
946	946	(11) “Otherwise qualified” includes any person with a disability who, with respect to the 14
947	947	rental of property, personally or with assistance arranged by the person with a disability, is capable 15
948	948	of performing all the responsibilities of a tenant as contained in § 34-18-24. 16
949	949	(12) “Owner” includes any person having the right to sell, rent, lease, or manage a housing 17
950	950	accommodation. 18
951	951	(13) “Person” includes one or more individuals, partnerships, associations, organizations, 19
952	952	corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal 20
953	953	representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as 21
954	954	defined in chapter 20.5 of title 5. 22
955	955	(14) “Senior citizen” means a person sixty-two (62) years of age or older. 23
956	956	(15) The term “sexual orientation” means having, or being perceived as having, an 24
957	957	orientation for heterosexuality, bisexuality, or homosexuality. 25
958	958	(16) The term “victim” means a family or household member and all other persons 26
959	959	contained within the definition of those terms as defined in § 12-29-2. 27
960	960	(17) The term “housing status” means the status of having or not having a fixed or regular 28
961	961	residence, including the status of living on the streets or in a homeless shelter or similar temporary 29
962	962	residence. 30
963	963	(18) The term “lawful source of income” means and includes any income, benefit, or 31
964	964	subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any 32
965	965	other federal, state, or local public assistance program, including, but not limited to, medical or 33
966	966	veterans assistance; any federal, state, or local rental assistance or housing subsidy program, 34
967	967
968	968
969	969	LC001288 - Page 27 of 29
970	970	including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any 1
971	971	requirement associated with such public assistance, rental assistance, or housing subsidy program. 2
972	972	SECTION 19. Section 44-53-8 of the General Laws in Chapter 44-53 entitled "Levy and 3
973	973	Distraint" is hereby amended to read as follows: 4
974	974	44-53-8. Exemptions. 5
975	975	(a) There shall be exempt from levy the following property: 6
976	976	(1) Those items of wearing apparel and school books that are necessary for the taxpayer or 7
977	977	for the members of the taxpayer’s family. 8
978	978	(2) If the taxpayer is the head of the family, the fuel, provisions, furniture and personal 9
979	979	effects in the taxpayer’s household, and of the arms for personal use, livestock, and poultry of the 10
980	980	taxpayer, that does not exceed fifteen hundred dollars ($1,500) in value. 11
981	981	(3) The books and tools necessary for the trade, business or profession of the taxpayer that 12
982	982	does not exceed in the aggregate one thousand dollars ($1,000) in value. 13
983	983	(4) Any amount payable to individuals with respect to their unemployment, including any 14
984	984	portion payable with respect to dependents, under an unemployment compensation law of the 15
985	985	United States, or of any state. 16
986	986	(5) Mail, addressed to any person, which has not been delivered to the addressee. 17
987	987	(6) Annuity or pension payments under the Railroad Retirement Act, 45 U.S.C. § 231 et 18
988	988	seq., benefits under the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 et seq., special 19
989	989	pension payments received by a person whose name has been entered on the Army, Navy, Marine 20
990	990	Corps, Air Force, Space Force, and Coast Guard Medal of Honor Roll, 38 U.S.C. § 1562, and 21
991	991	annuities based on retired or retainer pay under chapter 73 of title 10 of the United States Code, 10 22
992	992	U.S.C. § 1431 et seq. 23
993	993	(7) Any amount payable to an individual as workers’ compensation, including any portion 24
994	994	payable with respect to dependents under a workers’ compensation law of the United States, or of 25
995	995	any state. 26
996	996	(8) If the taxpayer is required by judgment of a court of competent jurisdiction, entered 27
997	997	prior to the date of levy, to contribute to the support of the taxpayer’s minor children, the amount 28
998	998	of their salary, wages, or other income that is necessary to comply with the judgment. 29
999	999	(9) Any amount payable to or received by an individual as wages or salary for personal 30
1000	1000	services, or as income derived from other sources, during any period, to the extent that the total of 31
1001	1001	the amounts payable to or received by them during that period does not exceed the applicable 32
1002	1002	exempt amount determined under subsection (d) of this section. 33
1003	1003	(10) In addition to the exemptions listed in this section, any property exempt from levy and 34
1004	1004
1005	1005
1006	1006	LC001288 - Page 28 of 29
1007	1007	execution under § 9-26-4 shall also be exempt under this chapter. 1
1008	1008	(b) The person seizing property of the type described in subsection (a) of this section shall 2
1009	1009	appraise and set aside to the owner the amount of the property declared to be exempt. If the taxpayer 3
1010	1010	objects at the time of seizure to the valuation fixed by the person making the seizure, the tax 4
1011	1011	administrator shall summon three (3) disinterested individuals who shall make the valuation. 5
1012	1012	(c) Notwithstanding any other law, no property or rights to property shall be exempt from 6
1013	1013	levy other than the property specifically made exempt by subsection (a) of this section. 7
1014	1014	(d)(1)(i) In the case of individuals who are paid or receive all of their wages, salary, and 8
1015	1015	other income on a weekly basis, the amount of the wages, salary, and other income payable to or 9
1016	1016	received by them during any week which is exempt from levy under subdivision (a)(9) of this 10
1017	1017	section shall be: 11
1018	1018	(A) Seventy-five dollars ($75.00), plus 12
1019	1019	(B) Twenty-five dollars ($25.00) for each individual who is specified in a written statement 13
1020	1020	which is submitted to the person on whom notice of levy is served and which is verified in the 14
1021	1021	manner the tax administrator shall prescribe by regulations and: 15
1022	1022	(I) Over half of whose support for the payroll period was received from the taxpayer, 16
1023	1023	(II) Who is the spouse of the taxpayer, or who bears a relationship to the taxpayer specified 17
1024	1024	in 26 U.S.C. § 152(a)(1) — (9) relating to definition of dependents, and 18
1025	1025	(III) Who is not a minor child of the taxpayer with respect to whom amounts are exempt 19
1026	1026	from levy under subsection (a)(8) of this section for the payroll period. 20
1027	1027	(ii) For the purposes of item (i)(B)(II) of this subdivision, “payroll period” shall be 21
1028	1028	substituted for “taxable year” each place it appears in 26 U.S.C. § 152(a)(9). 22
1029	1029	(2) In the case of any individual not described in subdivision (1) of this subsection, the 23
1030	1030	amount of the wages, salary, and other income payable to or received by them during any applicable 24
1031	1031	pay period or other fiscal period, as determined under regulations prescribed by the tax 25
1032	1032	administrator, which is exempt from levy under subdivision (a)(9) of this section shall be an 26
1033	1033	amount, determined under those regulations, which as nearly as possible will result in the same 27
1034	1034	total exemption from levy for the individual over a period of time as the individual would have 28
1035	1035	under subdivision (a)(1) of this section if, during that period of time, the individual were paid or 29
1036	1036	received wages, salary, or other income on a regular weekly basis. 30
1037	1037	SECTION 20. This act shall take effect upon passage. 31
1038	1038	========
1039	1039	LC001288
1040	1040	========
1041	1041
1042	1042
1043	1043	LC001288 - Page 29 of 29
1044	1044	EXPLANATION
1045	1045	BY THE LEGISLATIVE COUNCIL
1046	1046	OF
1047	1047	A N A C T
1048	1048	RELATING TO AERONAUT ICS -- UNIFORM AERONAUTICAL REGULATORY A CT
1049	1049	***
1050	1050	This act would add "space force" to many sections of the general laws, listing of military 1
1051	1051	branches. 2
1052	1052	This act would take effect upon passage. 3
1053	1053	========
1054	1054	LC001288
1055	1055	========