§ 5-38-1 “Automobile body shop” defined
§ 5-38-2 Duties of department of business regulation – Advisory board
§ 5-38-3
§ 5-38-4 Practices for which license is required
§ 5-38-5 Rules and regulations
§ 5-38-6 Applications for licenses
§ 5-38-7 Duration of license – Renewal
§ 5-38-8 License fee
§ 5-38-9 Licenses to contain licensee’s name and location of business – Display of licenses
§ 5-38-10 Grounds for denial, suspension, or revocation of licenses
§ 5-38-10.1 Civil penalties for violations
§ 5-38-11 Responsibility of licensee for acts of agents
§ 5-38-12 Procedure for suspension or revocation of license
§ 5-38-15 Right to appeal
§ 5-38-18 Purchase of used vehicle parts – Records of transactions to be maintained
§ 5-38-19 Criminal penalties for violations – Injunctive relief
§ 5-38-20 Persons exempt
§ 5-38-21 Severability
§ 5-38-22 Appropriations
§ 5-38-23 Auto body repair shop special use identification tags
§ 5-38-24 Duration of licenses – Fee for part of year
§ 5-38-25
§ 5-38-26 Inspection by lienholders
§ 5-38-27 Maximum storage fees
§ 5-38-28 Repair certification
§ 5-38-29 Repair bills
§ 5-38-30 Notices required to be displayed
§ 5-38-31 Reimbursement fee

Terms Used In Rhode Island General Laws > Chapter 5-38 - Automobile Body Repair Shops

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjusted current employment: means , for any taxable year ending on or after July 1, 1995, the aggregate of the average daily number of full-time equivalent active employees employed within the State by an eligible company and its eligible subsidiaries during each taxable year. See Rhode Island General Laws 42-64.5-2
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliated entity: means any corporation owned or controlled by the same persons or shareholders who own or control an eligible company. See Rhode Island General Laws 42-64.5-2
  • Airport facility: means developments consisting of runways, hangars, control towers, ramps, wharves, bulkheads, buildings, structures, parking areas, improvements, facilities, or other real or personal property necessary, convenient, or desirable for the landing, taking off, accommodation, and servicing of aircraft of all types, operated by carriers engaged in the transportation of passengers or cargo, or for the loading, unloading, interchange, or transfer of the passengers or their baggage, or the cargo, or otherwise for the accommodation, use or convenience of the passengers or the carriers or their employees (including related facilities and accommodations at sites removed from landing fields and other landing areas), or for the landing, taking off, accommodation, and servicing of aircraft owned or operated by persons other than carriers. See Rhode Island General Laws 42-64-3
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • authority: means the governmental agency and public instrumentality, formerly known as the "Rhode Island port authority and economic development corporation" and/or also formerly known as the "Rhode Island economic development corporation" and now known as the Rhode Island commerce corporation authorized, created, and established pursuant to § 42-64-4, or any subsidiary corporation thereof which is established pursuant to § 42-64-7. See Rhode Island General Laws 42-64-3
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Base employment: means , except as otherwise provided in § 42-64. See Rhode Island General Laws 42-64.5-2
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • business facility: means any business corporation, sole proprietorship, partnership, or limited partnership or limited liability company which:

    (A)  After the date of its original application for membership in the enterprise zone program or the date annual membership is renewed creates and hires a minimum of five percent (5%) new or additional enterprise jobs or in the case of a company having twenty (20) employees or less, this requirement shall be that the company create and hire one new or additional enterprise job, in the respective zone during the same certification year; and

    (B)  Whose total Rhode Island wages including those Rhode Island wages for additional enterprise jobs, exceeds the total Rhode Island wages paid to its employees in the prior calendar year; and

    (C)  Obtains certificates of good standing from the Rhode Island division of taxation, the corporations division of the Rhode Island secretary of state and the appropriate municipal authority at the time of certification; and

    (D)  Provides the council with an affidavit stating under oath that the entity seeking certification as a qualified business has not within the preceding twelve (12) months from the date of application for certification changed its legal status for the purpose of gaining favorable treatment under the provisions of chapter 64. See Rhode Island General Laws 42-64.3-3

  • Certifiable building: means a mill complex or a building:

    (i)  That was constructed prior to January 1, 1950;

    (ii)  Having at least two (2) floors, excluding a basement;

    (iii)  Which is or will be used primarily for manufacturing, wholesale trade and other commercial purposes;

    (iv)  The use of which conforms to the comprehensive plan and local land use management ordinances of the municipality in which the building is located;

    (v)  That is proposed for substantial rehabilitation;

    (vi)  That has been at a minimum seventy-five percent (75%) vacant for a minimum of twenty-four (24) months at the time of submission by the municipality;

    (vii)  That is designated by the municipality for consideration as a certifiable building as hereinafter provided;

    (viii)  Meets other requirements as established by the council; and

    (ix)  Designated by the enterprise zone council as a certified building pursuant to the requirements of § 42-64. See Rhode Island General Laws 42-64.9-4

  • Certified building: means a building with respect to which the council has issued a written notice of final designation as a certified building pursuant to the provisions of § 42-64. See Rhode Island General Laws 42-64.9-4
  • Certified building owner: means an individual, partnership, corporation, limited liability company or other entity which is listed in the appropriate municipal records of land evidence as the owner of a certified building, and may include one or more successors in title to the owner of the building at the time the building received written notice of final designation as a certified building pursuant to § 42-64. See Rhode Island General Laws 42-64.9-4
  • Chambers: A judge's office.
  • Cheat: means to alter the element of chance, method of selection, or criteria that determines:

    (i)  The result of the game;

    (ii)  The amount or frequency of payment in a game, including intentionally taking advantage of a malfunctioning machine;

    (iii)  The value of a wagering instrument; or

    (iv)  The value of a wagering credit. See Rhode Island General Laws 42-61.3-2

  • Cheating device: means any physical, mechanical, electromechanical, electronic, photographic, or computerized device used in such a manner as to cheat, deceive, or defraud a casino game. See Rhode Island General Laws 42-61.3-2
  • Civic facility: means any real or personal property designed and intended for the purpose of providing facilities for educational, cultural, community, or other civic purposes. See Rhode Island General Laws 42-64-3
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compliance schedule: means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation or any other limitation, prohibition or standard. See Rhode Island General Laws 42-64-3
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • council: means the enterprise zone council established pursuant to § 42-64. See Rhode Island General Laws 42-64.9-4
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the department of human services. See Rhode Island General Laws 42-63.2-1
  • Director: means the executive director of the economic development corporation until such time that the secretary of commerce is appointed. See Rhode Island General Laws 42-64-3
  • Disaster: means an occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more of an operating manufacturing business facility in this state, thereby making the production of products by the eligible company impossible and as a result active employees of the facility are without employment in that facility. See Rhode Island General Laws 42-64.5-2
  • Economic development project: means a project undertaken by the economic development corporation for the acquisition, improvement and development of land and facilities thereon, for sale or lease to, and use by private industry and business (or for the discharge of indebtedness incurred by the port authority in connection with the foregoing activities) and shall include, without limiting the generality of the foregoing, the development of industrial parks, the acquisition of lands, buildings and other improvements, the installation, construction or reconstruction of site improvements, utilities, sewerage and water lines and systems, water towers, roads, rights-of-way, easements, engineering services, and other expenses related to the acquisition, improvement, and disposition of the project. See Rhode Island General Laws 42-64.1-3
  • Effective date of certification: means the date upon which the qualified business meets the tests imposed in subdivisions (4)(i)(A) through (F) above and applies to the calendar year for which these tests were performed. See Rhode Island General Laws 42-64.3-3
  • Election: means the election to be filed by a qualifying employer with the human resource investment council. See Rhode Island General Laws 42-64.6-3
  • Eligible business: means any business, corporation, sole proprietorship, partnership, limited partnership or limited liability company or other entity which:

    (i)  Is located in a certified building after the building has undergone substantial rehabilitation as hereinafter defined;

    (ii)  Is engaged principally in manufacturing, wholesale trade, or other commercial business activities;

    (iii)  Whose total Rhode Island salaries and wages exceed the total Rhode Island salaries and wages paid to its employees in the prior calendar year;

    (iv)  Has received certification from the enterprise zone council pursuant to the rules and regulations promulgated by the council; and

    (v)  Which, as part of its annual certification:

    (A)  Obtains certificates of good standing from the Rhode Island division of taxation, the corporations division of the Rhode Island secretary of state, and the appropriate municipal authority;

    (B)  Provides the enterprise zone council an affidavit stating under oath that the entity seeking certification as a qualified business has not within the preceding twelve (12) months from the date of application for certification changed its legal status or location solely for the purpose of gaining favorable treatment under the provision of this chapter; and

    (C)  Meets certain other requirements set forth by the council. See Rhode Island General Laws 42-64.9-4

  • Eligible company: means any corporation, state bank, federal savings bank, trust company, national banking association, bank holding company, loan and investment company, mutual savings bank, credit union, building and loan association, insurance company, investment company, broker-dealer company, manufacturing company, telecommunications company or surety company or an eligible subsidiary of any of the foregoing. See Rhode Island General Laws 42-64.5-2
  • Eligible subsidiary: means each corporation eighty percent (80%) or more of the outstanding common stock of which is owned by an eligible company. See Rhode Island General Laws 42-64.5-2
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Energy crisis: means a condition of danger to the health, safety, welfare, or economic well being of the citizens of this state due to existing or impending abnormal market disruptions as they relate to energy resources. See Rhode Island General Laws 42-60-3
  • Enterprise job employees: means those full-time employees whose business activity originates and terminates from within the enterprise zone business and facility on a daily basis, and who are domiciled residents of the state (or who, in the case of employees of a high performance manufacturer as that term is defined in §?44-31-1(b)(3)(i), pay personal income taxes to the state) and hired (or transferred, in the case of existing out-of-state employees) and employed by the qualified business in the enterprise zone after the effective date of certification or annual recertification in excess of those full-time employees employed by the qualified business in any Rhode Island enterprise zone in the prior calendar year. See Rhode Island General Laws 42-64.3-3
  • Enterprise zone: means an enterprise zone established pursuant to § 42-64. See Rhode Island General Laws 42-64.9-4
  • enterprise zone council: means the governmental agency created pursuant to §?42-64. See Rhode Island General Laws 42-64.3-3
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Federal land: means real property within the state, now acquired or hereafter acquired by the Rhode Island commerce corporation which was formerly owned by the United States government, or any agency or instrumentality thereof, including without limiting the generality of the foregoing, any and all real property now or formerly owned or used by the United States government in the towns of North Kingstown, Portsmouth, Middletown, and Charlestown and the city of Newport as military installations or for other purposes related to the national defense. See Rhode Island General Laws 42-64-3
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Full-time equivalent active employee: means any employee of an eligible company who: (1) works a minimum of thirty (30) hours per week within the State, or two (2) or more part-time employees whose combined weekly hours equal or exceed thirty (30) hours per week within the State; and (2) earns no less than one hundred fifty percent (150%) of the hourly minimum wage prescribed by Rhode Island law; provided, however, for tax years ending after the later of July 1, 2003 and the first tax year that an eligible company qualifies for a rate reduction pursuant to § 42-64. See Rhode Island General Laws 42-64.5-2
  • Gaming facility: means any facility authorized to conduct casino gaming as defined in § 42-61. See Rhode Island General Laws 42-61.3-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing authority: means the governing body of a state, city or town within which a qualified United States bureau of the census division or delineation lies. See Rhode Island General Laws 42-64.3-3
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Handling charge: means any charge, fee, or sum of money which is paid by a consumer to receive a prize, gift, or any item of value including, but not limited to, promotional fees, redemption fees, registration fees, or delivery costs. See Rhode Island General Laws 42-61.1-1
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Industrial facility: means any real or personal property, the demolition, removal, relocation, acquisition, expansion, modification, alteration, or improvement of existing buildings, structures, or facilities, the construction of new buildings, structures, or facilities, the replacement, acquisition, modification, or renovation of existing machinery and equipment, or the acquisition of new machinery and equipment, or any combination of the United States, which shall be suitable for manufacturing, research, production, processing, agriculture, and marine commerce, or warehousing; or convention centers, trade centers, exhibition centers, or offices (including offices for the government of the United States or any agency, department, board, bureau, corporation, or other instrumentality of the United States, or for the state or any state agency, or for any municipality); or facilities for other industrial, commercial or business purposes of every type and description; and facilities appurtenant or incidental to the foregoing, including headquarters or office facilities, whether or not at the location of the remainder of the facility, warehouses, distribution centers, access roads, sidewalks, utilities, railway sidings, trucking, and similar facilities, parking areas, waterways, dockage, wharfage, and other improvements necessary or convenient for the construction, development, maintenance, and operation of those facilities. See Rhode Island General Laws 42-64-3
  • Initial new employment level: means the number of units of new employment reported by an eligible company in 1997, or, if applicable, the third taxable year following the base employment period election set forth in § 42-64. See Rhode Island General Laws 42-64.5-2
  • item: means any item or service with monetary value. See Rhode Island General Laws 42-61.1-1
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local governing body: means any town or city council, commission, or other elective governing body now or hereafter vested by state statute, charter, or other law, with jurisdiction to initiate and adopt local ordinances, whether or not these local ordinances require the approval of the elected or appointed chief executive officer or other official or body to become effective. See Rhode Island General Laws 42-64-3
  • Mill complex: means two (2) or more mill buildings, located on the same or contiguous parcels of land, each of which, at one time, had the same owner(s). See Rhode Island General Laws 42-64.9-4
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Municipality: means any city or town within the state now existing or hereafter created, or any state agency. See Rhode Island General Laws 42-64-3
  • Municipality: means any city or town within the state, whether now existing or hereafter created. See Rhode Island General Laws 42-64.9-4
  • New employment: means for each taxable year the amount of adjusted current employment for each taxable year minus the amount of base employment, but in no event less than zero; provided, however, no eligible company is permitted to transfer, assign or hire employees who are already employed within the State by such eligible company from itself or any affiliated entity or utilize any other artifice or device for the purpose of artificially creating new employees in order to qualify for the rate reduction provided for in this chapter. See Rhode Island General Laws 42-64.5-2
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • notes: means the bonds, notes, securities, or other obligations or evidences of indebtedness issued by the corporation pursuant to this chapter, all of which shall be issued under the name of and known as obligations of the "Rhode Island commerce corporation. See Rhode Island General Laws 42-64-3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent corporation: means , when used in connection with a subsidiary corporation established pursuant to § 42-64-7. See Rhode Island General Laws 42-64-3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any natural person, corporation, trust, partnership, association, and any other legal entity. See Rhode Island General Laws 42-61.1-1
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Personal property: All property that is not real property.
  • Personal property: means all tangible personal property, new or used, including, without limiting the generality of the foregoing, all machinery, equipment, transportation equipment, ships, aircraft, railroad rolling stock, locomotives, pipelines, and all other things and rights usually included within that term. See Rhode Island General Laws 42-64-3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pollutant: means any material or effluent which may alter the chemical, physical, biological or radiological characteristics or integrity of water, including but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, cellar dirt, or industrial, municipal, agricultural or other waste petroleum or petroleum products, including, but not limited to, oil. See Rhode Island General Laws 42-64-3
  • Pollution: means the discharge of any gaseous, liquid, or solid substance or combination thereof (including noise) into the air, water, or land which affects the physical, chemical, or biological properties (including temperature) of the air, water, or land in a manner or to an extent which renders or is likely to render the air, water, or land harmful or inimical to the public health, safety, or welfare, or to animal, bird, or aquatic life, or to the use of the air or water for domestic, industrial, or agricultural purposes or recreation including the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water. See Rhode Island General Laws 42-64-3
  • Pollution control facility: means any land or interest in land, the demolition, removal, relocation, acquisition, expansion, modification, alteration, or improvement of existing buildings, structures, or facilities, the construction of new buildings, structures, or facilities, the replacement, modification, or renovation of existing machinery and equipment, or the acquisition of new machinery and equipment, or any combination thereof, having to do with or the purpose of which is the abatement, control, or prevention of pollution, including industrial pollution, and all real and personal property incidental to that facility. See Rhode Island General Laws 42-64-3
  • Port facility: means harbors, ports, and all real and personal property used in connection therewith, including, but not limited to, waterways, channels, wharves, docks, yards, bulkheads, slips, basins, pipelines, ships, boats, railroads, trucks, and other motor vehicles, aircraft, parking areas, shipyards, piers, quays, elevators, compressors, loading and unloading facilities, storage facilities, and warehouses of every type, buildings and facilities used in the manufacturing, processing, assembling, storing, or handling of any produce or products, other structures and facilities necessary for the convenient use of the harbors and seaports, including dredged approaches, railways, railroad terminals, side tracks, airports, roads, highways, tunnels, viaducts, bridges, and other approaches, useful in connection therewith, and any other shipping or transportation facility useful in the operation of a port or harbor. See Rhode Island General Laws 42-64-3
  • port project: means the acquisition, ownership, operation, construction, reconstruction, rehabilitation, improvement, development, sale, lease, or other disposition of, or the provision of financing for, any real or personal property (by whomever owned) or any interests in real or personal property, including without limiting the generality of the foregoing, any port facility, recreational facility, industrial facility, airport facility, pollution control facility, utility facility, solid waste disposal facility, civic facility, residential facility, water supply facility, energy facility or renewable energy facility, or any other facility, or any combination of two (2) or more of the foregoing, or any other activity undertaken by the corporation. See Rhode Island General Laws 42-64-3
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Project area: means the area within which the development project is located. See Rhode Island General Laws 42-64.1-3
  • Project user: means the person, company, corporation, partnership, or commercial entity, municipality, state, or United States of America who shall be the user of, or beneficiary of, a port project. See Rhode Island General Laws 42-64-3
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified employee: means a full-time employee of an eligible business whose business activity originates and terminates from within the eligible business and certified building on a daily basis, and who is employed by the eligible business at the end of the calendar year, and who is a domiciled resident of the state of Rhode Island. See Rhode Island General Laws 42-64.9-4
  • Qualifying employee: means an individual (other than an employee who would be treated as a "highly compensated employee" under 26 U. See Rhode Island General Laws 42-64.6-3
  • Qualifying employer: means any employer who files an election with the human resource investment council in a manner provided by the human resource investment council to be covered by the provisions set forth in this chapter, but shall not include any physicians or any employer whose principal business is providing legal, accounting, engineering, architectural, or other similar professional services. See Rhode Island General Laws 42-64.6-3
  • Qualifying expenses: means those reasonable expenses (less any federal, state, or local grants or other payments received by the employer to provide training or retraining) incurred by an employer following the date of the employer's election to be covered by the provisions of this chapter, that are directly attributable to providing training and/or retraining to qualifying employees that shall improve the skills required of those employees. See Rhode Island General Laws 42-64.6-3
  • Quorum: The number of legislators that must be present to do business.
  • Rate reduction: means the reduction in tax rate specified in § 42-64. See Rhode Island General Laws 42-64.5-2
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, structures (new or used), franchises, and interests in land, including lands under water, and riparian rights, space rights, and air rights, and all other things and rights usually included within the term. See Rhode Island General Laws 42-64-3
  • Recreational facility: means any building, development, or improvement, provided that building, facility, development, or improvement is designed in whole or in part to attract tourists to the state or to provide essential overnight accommodations to transients visiting this state, including, without limiting in any way the generality of the foregoing, marinas, beaches, bathing facilities, ski facilities, convention facilities, hotels, motels, golf courses, camp grounds, arenas, theatres, lodges, guest cottages, and all types of real or personal property related thereto as may be determined from time to time by the corporation. See Rhode Island General Laws 42-64-3
  • Rehabilitation and reconstruction costs: means and includes only those amounts incurred and paid by the certified building owner, after issuance of the notice of final designation of the building, solely and exclusively for the rehabilitation of the certified building and which are incurred and paid by the certified building owner to acquire tangible personal property and structural components of the certified building which:

    (i)  Are depreciated pursuant to 26 U. See Rhode Island General Laws 42-64.9-4

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Renewable energy facility: means any real or personal property, or any combination thereof, related to, or incidental to, any project, designed, intended, or utilized for an eligible renewable energy resource that meets the criteria set forth in §§ 39-26-5(a) and 39-26-5(c). See Rhode Island General Laws 42-64-3
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenues: means : (i) with respect to any project, the rents, fees, tolls, charges, installment payments, repayments, and other income or profit derived from a project or a combination of projects pursuant to any lease, conditional sales contract, installment sales contract, loan agreement, or other contract or agreement, or any combination thereof, and (ii) any receipts, fees, payments, moneys, revenues or other payments received or to be received by the corporation in the exercise of its corporate powers under this chapter, including, without limitation, loan repayments, grants, aid, appropriations and other assistance for the state, the United States or any corporation, department or instrumentality of either or of a political subdivision thereof, bond proceeds, investment earnings, insurance proceeds, amounts in reserves and other funds and accounts established by or pursuant to this chapter or in connection with the issuance of bonds, and any other taxes, assessments, fees, charges, awards or other income or amounts received or receivable by the corporation. See Rhode Island General Laws 42-64-3
  • Rhode Island economic development corporation: means the public corporation and governmental agency and instrumentality of the state created pursuant to the Rhode Island Economic Development Corporation Act, or any subsidiary corporation approved by the general assembly. See Rhode Island General Laws 42-64.1-3
  • Rhode Island Economic Development Corporation Act: means chapter 64 of this title, as amended or supplemented from time to time. See Rhode Island General Laws 42-64.1-3
  • Rule or regulation: means any directive promulgated by the Rhode Island commerce corporation not inconsistent with the laws of the United States or the state, for the improvement of navigation and commerce or other project purposes and shall include, but not be limited to, charges, tolls, rates, rentals, and security provisions fixed or established by the corporation. See Rhode Island General Laws 42-64-3
  • Salaries and wages: means salaries, wages, tips and other compensation as defined in the Internal Revenue Code of 1986, 26 U. See Rhode Island General Laws 42-64.9-4
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sewage: shall be construed to mean the same as "pollutant" as defined in subsection (16) above. See Rhode Island General Laws 42-64-3
  • Sewage treatment facility: means the sewage treatment plant, structure, combined sewer overflows, equipment, interceptors, mains, pumping stations and other property, real, personal or mixed, for the treatment, storage, collection, transporting or disposal of sewage, or any property or system to be used in whole or in part for any of the aforesaid purposes located or operated within the boundaries of the Quonset Point/Davisville Industrial Park, or utilized by the corporation for the transport, collection, treatment, storage or disposal of waste. See Rhode Island General Laws 42-64-3
  • Small business concern: means , except as otherwise provided in § 42-64. See Rhode Island General Laws 42-64.5-2
  • Solid waste: means garbage, refuse, and other discarded materials, including, but not limited to, solid waste materials resulting from industrial, recreational, utility, and commercial enterprises, hotels, apartments, or any other public building or private building, or agricultural, or residential activities. See Rhode Island General Laws 42-64-3
  • Solid waste disposal facility: means any real or personal property, related to or incidental to any project, which is designed or intended or designated for the purpose of treating, compacting, composting, or disposing of solid waste materials, including treatment, compacting, composting, or disposal plants, site and equipment furnishings thereof, and their appurtenances. See Rhode Island General Laws 42-64-3
  • Source: means any building, structure, facility or installation from which there is or may be the discharge of sewage. See Rhode Island General Laws 42-64-3
  • State: means the state of Rhode Island. See Rhode Island General Laws 42-64-3
  • State: means the State of Rhode Island. See Rhode Island General Laws 42-64.5-2
  • State agency: means any office, department, board, commission, bureau, division, authority, or public corporation, agency or instrumentality of the state. See Rhode Island General Laws 42-64-3
  • State guide plan: means the plan adopted pursuant to § 42-11-10, which establishes the statewide planning program. See Rhode Island General Laws 42-64-3
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantial rehabilitation: means rehabilitation or reconstruction costs of a certified building in a dollar amount that equals or exceeds twenty percent (20%) of the market value of the certified building prior to rehabilitation or reconstruction, as said prior market value is determined by a Rhode Island licensed and certified appraiser who is independent of the certified building owner or owners and their affiliated corporations, and/or any tenants of the certified building and their affiliated corporations. See Rhode Island General Laws 42-64.9-4
  • Summons: Another word for subpoena used by the criminal justice system.
  • Telecommunications company: means any public service company or corporation whose rate of taxation is determined under § 44-13-4(4). See Rhode Island General Laws 42-64.5-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
  • Units of new employment: means : (i) for eligible companies which are not small business concerns, the amount of new employment divided by fifty (50), rounded down to the nearest multiple of fifty (50), and (ii) for eligible companies which are small business concerns the amount of new employment divided by ten (10), rounded down to the nearest multiple of ten (10); provided, however, that an eligible company (other than an eligible company that is a telecommunications company) with adjusted current employment of one hundred (100) or more employees in its first year of operation or in any other period following the date its base employment is determined shall determine its units of new employment by dividing the first one hundred (100) employees less its base employment by ten (10), rounded down to the nearest multiple of ten (10), and by dividing the number of additional employees in excess of one hundred (100) by fifty (50), rounded down to the nearest multiple of fifty (50). See Rhode Island General Laws 42-64.5-2
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Utility facility: means any real or personal property designed, intended or utilized for generating, manufacturing, producing, storing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, steam, electrical, or nuclear energy, heat, light, or power directly or indirectly to or for any project, project user, or for the public, the collection and disposal of storm and sanitary sewage; any railroads necessary or desirable for the free flow of commerce to and from projects; any roads, highways, bridges, tunnels, viaducts, or other crossings necessary or desirable for the free flow of commerce to and from projects, and any public transportation systems or facilities, including, but not limited to, bus, truck, ferry, and railroad terminals, depots, tracked vehicles, and other rolling stock and ferries; and any appurtenances, equipment, and machinery or other personal property necessary or desirable for the utilization thereof. See Rhode Island General Laws 42-64-3
  • Verdict: The decision of a petit jury or a judge.
  • Wager: means a sum of money or representative of value that is risked on an occurrence for which the outcome is uncertain. See Rhode Island General Laws 42-61.3-2
  • Wages: means wages, tips and other compensation as defined in the Internal Revenue Code of 1986, 26 U. See Rhode Island General Laws 42-64.3-3
  • Water supply facility: means any real or personal property, or any combination thereof, related to or incidental to any project, designed, intended, or utilized for the furnishing of water for domestic, industrial, irrigation, or other purposes and including artesian wells, reservoirs, dams, related equipment, and pipelines, and other facilities. See Rhode Island General Laws 42-64-3
  • zone: means an economically distressed United States bureau of the census division or delineation in need of expansion of business and industry, and the creation of jobs, which is designated to be eligible for the benefits of this chapter. See Rhode Island General Laws 42-64.3-3