99 -- H 5619 ======= LC01362 ======= S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 1999 ____________ A N A C T RELATING TO PUBLIC OFFICES AND EMPLOYEES -- INSURANCE BENEFITS Introduced By: Representative Pisaturo Date Introduced : February 2, 1999 Referred To: Committee on Finance It is enacted by the General Assembly as follows: SECTION 1. Section 36-12-1 of the General Laws in Chapter 36-12 entitled "Insurance Benefits" is hereby amended to read as follows: 36-12-1. Definitions. -- The following words, as used in sections 36-12-1 -- 36-12-14, shall have the following meanings: (1) "Employer", means the state of Rhode Island. (2) "Employee", means all persons who are classified employees as the term "classified employee" is defined under section 36-3-3, and all persons in the unclassified service of the state; provided, however, that the following shall not be included as "employees" under sections 36-12-1 -- 36-12-14: (i) Part-time personnel whose work week is less than twenty (20) hours a week and limited period and seasonal personnel; (ii) Members of the general assembly, its clerks, doorkeepers, and pages. (3) "Dependents", means an employee's spouse {DEL[DEL: and :DEL] DEL} {ADD , ADD} unmarried children under nineteen (19) years of age {ADD and domestic partner, which shall be construed to mean someone of the same or opposite sex who has shared the household for a minimum of six (6) months and has made a commitment to continue to live as a family member ADD}. (4) "Retired employee", means all persons retired from the active service of the state, who, immediately prior to retirement, were employees of the state as determined by the retirement board under section 36-8-1, and also all retired teachers who have elected to come under the employees' retirement system of the state of Rhode Island. (5) "Long-term health care insurance", means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than twelve (12) consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. The term includes: group and individual policies or riders whether issued by insurers, fraternal benefit societies, nonprofit health, hospital, and medical service corporations; prepaid health plans, health maintenance organizations; or any similar organization. Long-term health care insurance shall not include: any insurance policy which is offered primarily to provide basic medicare supplement coverage; basic hospital expense coverage; basic medical-surgical expense coverage; hospital confinement indemnity coverage; major medical expense coverage; disability income protection coverage; accident only coverage; specified disease or specified accident coverage; or limited benefit health coverage. This list of excluded coverages is illustrative and is not intended to be all inclusive. (6) "Retiree health care insurance", means the health benefit employees who retire from active service of the state (subsequent to July 1, 1989), who immediately prior to retirement were employees of the state as determined by the retirement board pursuant to section 36-8-1, shall be entitled to receive, which shall be equal to semi-private hospital care, surgical/medical care and major medical with a one hundred seventy-five dollar ($175) calendar year deductible. Employees who retire prior to age sixty-five (65) shall, upon the attainment of medicare eligibility, receive hospital care, surgical/medical services, rights and benefits which, when taken together with their federal medicare program benefits (public law 89-97), 42 U.S.C. section 1305 et seq., shall be comparable to those provided for retirees prior to that age. The aforementioned program will be provided on a shared basis in accordance with section 36-12-4. SECTION 2. Section 36-14-2 of the General Laws in Chapter 36-14 entitled "Code of Ethics" is hereby amended to read as follows: 36-14-2. Definitions. -- As used in this chapter: (1) "Any person within his other family" means a spouse {DEL[DEL: and :DEL] DEL} {ADD , ADD} any dependent children {ADD and domestic partner as defined in section 36-12-1(3), ADD} of any public official or public employee as well as a person who is related to any public official or public employee, whether by blood, adoption or marriage, as any of the following: father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, halfbrother or halfsister; (2) "Business" means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized in law through which business for profit or not for profit is conducted; (3) "Business associate" means a person joined together with another person to achieve a common financial objective; (4) "Employees of state and local government, of boards, commissions and agencies" means any full time or part time employees in the classified, nonclassified and unclassified service of the state or of any city or town within the state, any individuals serving in any appointed state or municipal position, and any employees of any public or quasi-public state or municipal board, commission, or corporation; (5) "Governmental function" means any action that is public in nature and is performed for the common good of all the people; (6) "Open and public process" means the open solicitation for bids or proposals from the general public by public announcement or public advertising followed by a public disclosure of all bids or proposals considered and contracts awarded; (7) "Person" means an individual or a business entity; (8) (i) "State agency" means any department, division, agency, commission, board, office, bureau, authority, or quasi-public authority within Rhode Island, either branch of the Rhode Island general assembly, or an agency or committee thereof, the judiciary, or any other agency that is in any branch of Rhode Island state government and which exercises governmental functions other than in an advisory nature; (ii) "Municipal agency" means any department, division, agency, commission, board, office, bureau, authority, quasi-public authority, or school, fire or water district within Rhode Island other than a state agency and any other agency that is in any branch of municipal government and exercises governmental functions other than in an advisory nature; (9) "State or municipal appointed official" means any officer or member of a state or municipal agency as defined herein who is appointed for a term of office specified by the constitution or a statute of this state or a charter or ordinance of any city or town or who is appointed by or through the governing body or highest official of state or municipal government; (10) "State or municipal elected official" means any person holding any elective public office pursuant to a general or special election; (11) A person's natural child, adopted child, or stepchild is his or her "dependent child" during a calendar year if the person provides over fifty percent (50%) of the child's support during the year; (12) A person "represents" him or herself before a state or municipal agency if he or she participates in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in his or her own favor; (13) A person "represents" another person before a state or municipal agency if he or she is authorized by that other person to act, and does in fact act, as that other person's attorney at law or his or her attorney in fact in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in favor of that other person. SECTION 3. This act shall take effect upon passage. ======= LC01362 ======= EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO PUBLIC OFFICES AND EMPLOYEES -- INSURANCE BENEFITS *** This act would define and include a domestic partner within the definition of "dependents" as it relates to insurance for state employees and also include a domestic partner within the definition of "any person within his or her family" as it relates to the code of ethics. This act would take effect upon passage. __________________________________________________________________ As always, your comments concerning this page are welcomed and appreciated. Thank you for stopping by! ____________________