State Codes and Statutes

Statutes > Rhode-island > Title-36 > Chapter-36-10-1 > 36-10-1-2

SECTION 36-10.1-2

   § 36-10.1-2  Definitions. – (a) "Crime related to public office or public employment" shall mean any of thefollowing criminal offenses:

   (1) The committing, aiding, or abetting of an embezzlement ofpublic funds;

   (2) The committing, aiding, or abetting of any felonioustheft by a public officer or employee from his or her employer;

   (3) Bribery in connection with employment of a public officeror employee; and

   (4) The committing of any felony by a public officer oremployee who, wilfully and with the intent to defraud, realizes or obtains, orattempts to realize or obtain, a profit, gain, or advantage for himself orherself or for some other person through the use or attempted use of the power,rights, privileges, duties, or position of his or her public office oremployment position.

   (b) "Public official" or "public employee" shall mean anycurrent or former state or municipal elected official as defined in §36-14-2(10), state or municipal appointed official as defined in §36-14-2(4), and any employee of state or local government, of boards,commissions or agencies as defined in § 36-14-2(8)(i), (ii), who isotherwise entitled to receive or who is receiving retirement benefits underthis title, under title 16, under title 45, under title 8, under chapter 30 oftitle 28, under chapter 43 of title 31, or under chapter 28 of title 42,whether that person is acting on a permanent or temporary basis and whether ornot compensated on a full-time or part-time basis. For the purposes of thischapter, all these persons are deemed to be engaged in public employment.

   (c) As used in this chapter, the phrase "pleads guilty ornolo contendere" shall not include any plea of nolo contendere which does notconstitute a conviction by virtue of § 12-10-12 or 12-18-3.

   (d) For purposes of this chapter, "domestic partner" shall bedefined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:

   (1) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;

   (2) Neither partner was married to anyone else;

   (3) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;

   (4) Partners resided together and had resided together for atleast one year at the time of death; and

   (5) Partners were financially interdependent as evidenced byat least two (2) of the following:

   (i) Domestic partnership agreement or relationship contract;

   (ii) Joint mortgage or joint ownership of primary residence;

   (iii) Two (2) of: (A) joint ownership of motor vehicle; (B)joint checking account; (C) joint credit account; (D) joint lease; and/or

   (iv) The domestic partner had been designated as abeneficiary for the decedent's will, retirement contract or life insurance.

State Codes and Statutes

Statutes > Rhode-island > Title-36 > Chapter-36-10-1 > 36-10-1-2

SECTION 36-10.1-2

   § 36-10.1-2  Definitions. – (a) "Crime related to public office or public employment" shall mean any of thefollowing criminal offenses:

   (1) The committing, aiding, or abetting of an embezzlement ofpublic funds;

   (2) The committing, aiding, or abetting of any felonioustheft by a public officer or employee from his or her employer;

   (3) Bribery in connection with employment of a public officeror employee; and

   (4) The committing of any felony by a public officer oremployee who, wilfully and with the intent to defraud, realizes or obtains, orattempts to realize or obtain, a profit, gain, or advantage for himself orherself or for some other person through the use or attempted use of the power,rights, privileges, duties, or position of his or her public office oremployment position.

   (b) "Public official" or "public employee" shall mean anycurrent or former state or municipal elected official as defined in §36-14-2(10), state or municipal appointed official as defined in §36-14-2(4), and any employee of state or local government, of boards,commissions or agencies as defined in § 36-14-2(8)(i), (ii), who isotherwise entitled to receive or who is receiving retirement benefits underthis title, under title 16, under title 45, under title 8, under chapter 30 oftitle 28, under chapter 43 of title 31, or under chapter 28 of title 42,whether that person is acting on a permanent or temporary basis and whether ornot compensated on a full-time or part-time basis. For the purposes of thischapter, all these persons are deemed to be engaged in public employment.

   (c) As used in this chapter, the phrase "pleads guilty ornolo contendere" shall not include any plea of nolo contendere which does notconstitute a conviction by virtue of § 12-10-12 or 12-18-3.

   (d) For purposes of this chapter, "domestic partner" shall bedefined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:

   (1) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;

   (2) Neither partner was married to anyone else;

   (3) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;

   (4) Partners resided together and had resided together for atleast one year at the time of death; and

   (5) Partners were financially interdependent as evidenced byat least two (2) of the following:

   (i) Domestic partnership agreement or relationship contract;

   (ii) Joint mortgage or joint ownership of primary residence;

   (iii) Two (2) of: (A) joint ownership of motor vehicle; (B)joint checking account; (C) joint credit account; (D) joint lease; and/or

   (iv) The domestic partner had been designated as abeneficiary for the decedent's will, retirement contract or life insurance.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-36 > Chapter-36-10-1 > 36-10-1-2

SECTION 36-10.1-2

   § 36-10.1-2  Definitions. – (a) "Crime related to public office or public employment" shall mean any of thefollowing criminal offenses:

   (1) The committing, aiding, or abetting of an embezzlement ofpublic funds;

   (2) The committing, aiding, or abetting of any felonioustheft by a public officer or employee from his or her employer;

   (3) Bribery in connection with employment of a public officeror employee; and

   (4) The committing of any felony by a public officer oremployee who, wilfully and with the intent to defraud, realizes or obtains, orattempts to realize or obtain, a profit, gain, or advantage for himself orherself or for some other person through the use or attempted use of the power,rights, privileges, duties, or position of his or her public office oremployment position.

   (b) "Public official" or "public employee" shall mean anycurrent or former state or municipal elected official as defined in §36-14-2(10), state or municipal appointed official as defined in §36-14-2(4), and any employee of state or local government, of boards,commissions or agencies as defined in § 36-14-2(8)(i), (ii), who isotherwise entitled to receive or who is receiving retirement benefits underthis title, under title 16, under title 45, under title 8, under chapter 30 oftitle 28, under chapter 43 of title 31, or under chapter 28 of title 42,whether that person is acting on a permanent or temporary basis and whether ornot compensated on a full-time or part-time basis. For the purposes of thischapter, all these persons are deemed to be engaged in public employment.

   (c) As used in this chapter, the phrase "pleads guilty ornolo contendere" shall not include any plea of nolo contendere which does notconstitute a conviction by virtue of § 12-10-12 or 12-18-3.

   (d) For purposes of this chapter, "domestic partner" shall bedefined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:

   (1) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;

   (2) Neither partner was married to anyone else;

   (3) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;

   (4) Partners resided together and had resided together for atleast one year at the time of death; and

   (5) Partners were financially interdependent as evidenced byat least two (2) of the following:

   (i) Domestic partnership agreement or relationship contract;

   (ii) Joint mortgage or joint ownership of primary residence;

   (iii) Two (2) of: (A) joint ownership of motor vehicle; (B)joint checking account; (C) joint credit account; (D) joint lease; and/or

   (iv) The domestic partner had been designated as abeneficiary for the decedent's will, retirement contract or life insurance.