SECTION 88. Section 23-19.5-5 of the General Laws in Chapter 23-19.5 entitled "Percolation Tests and Water Table Elevation Determinations" is hereby amended to read as follows:

23-19.5-5. Exclusion of certain property -- The foregoing requirements of this chapter shall not apply to any such conveyance if the deed contains an express condition that the parties thereto to it covenant that no building will be erected thereon on this land during ownership by the grantee which will require sanitary sewage disposal, and a statement to that effect is filed with the department of environmental management. In addition, the foregoing These requirements shall not apply to that portion of any tract of land in the conveyance upon which no building is to be erected.

SECTION 89. Section 23-19.10-4 of the General Laws in Chapter 23-19.10 entitled "Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986" is hereby repealed in its entirety.

SECTION 90. Section 28-42-3 of the General Laws in Chapter 28-42 entitled "Employment Security - General Provisions" is hereby amended to read as follows:

28-42-3. Definitions -- The following words and phrases, as used in chapters 42 -- 44 of this title, have the following meanings unless the context clearly requires otherwise:

(1) "Administration account" means the employment security administration account established by this chapter;

(2) "Average weekly wage" means the amount determined by dividing the individual's total wages earned for service performed in employment within his or her base period by the number of that individual's credit weeks within his or her base period;

(3) "Base period" with respect to an individual's benefit year, means the first four (4) of the most recently completed five (5) calendar quarters immediately preceding the first day of an individual's benefit year. For any individual's benefit year and for any individual deemed monetarily ineligible for benefits for the "base period" as defined in this subdivision, the department will make a redetermination of entitlement based upon the alternate base period, the last four (4) completed calendar quarters immediately preceding the first day of the claimant's benefit year. Notwithstanding anything contained to the contrary in this subdivision, the base period does not include any calendar quarter previously used to establish a valid claim for benefits; provided, that notwithstanding any provision of chapters 42 -- 44 of this title to the contrary, for the benefit years beginning on or after October 4, 1992, whenever an individual who has received workers' compensation benefits is entitled to reinstatement under section 28-33-47, but the position to which reinstatement is sought does not exist or is not available, the individual's base period will be determined as if the individual filed for benefits on the date of the injury;

(4) "Benefit" means the money payable to an individual as compensation for his or her wage losses due to unemployment as provided in these chapters;

(5) "Benefit credits" means the total amount of money payable to an individual as benefits, as determined by section 28-44-5 28-44-9;

(6) "Benefit rate" means the money payable to an individual as compensation, as provided in chapters 42 -- 44 of this title, for his or her wage losses with respect to any week of total unemployment;

(7) "Benefit year", with respect to any individual who does not already have a benefit year in effect and who files a valid claim for benefits, means fifty-two (52) consecutive calendar weeks, the first of which will be the week containing the day as of which he or she first files a valid claim in accordance with regulations adopted as subsequently prescribed in this chapter; provided, however, that the benefit year will be fifty-three (53) weeks if the filing of a new valid claim would result in overlapping any quarter of the base period of a prior new claim previously filed by the individual; provided, further, that in no event does a new benefit year begin prior to the Sunday next following the end of the old benefit year;

(8) "Calendar quarter" means the period of three (3) consecutive calendar months ending March 31, June 30, September 30, and December 31; or the equivalent in accordance with regulations as subsequently prescribed;

(9) "Contributions" means the money payments to the state employment security fund required by those chapters;

(10) "Credit week" means any week within an individual's base period in which that individual earned wages amounting to at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title for performing services in employment for one or more employers subject to chapters 42 -- 44 of this title;

(11) "Crew leader", for the purpose of subdivision (18), means an individual who:

(i) Furnishes individuals to perform service in agricultural labor for any other person;

(ii) Pays (either on his or her own behalf or on behalf of that other person) the individuals furnished by him or her for the service in agricultural labor performed by them; and

(iii) Has not entered into a written agreement with that other person (farm operator) under which that individual (crew leader) is designated as an employee of that other person (farm operator).

(12) "Director" means the head of the department of labor and training or his or her authorized representative;

(13) "Domestic service employment". The term "employment" includes domestic service in a private home performed for a person who paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the current calendar year or the preceding calendar year to individuals employed in that domestic service;

(14) "Employee" means any person who is or has been employed by an employer subject to those chapters and in employment subject to those chapters;

(15) "Employer" means:

(i) Any employing unit which was an employer as of December 31, 1955;

(ii) Any employing unit which for some portion of a day on and after January 1, 1956, has or had in employment within any calendar year one or more individuals; except, however, for "domestic service employment", as defined in subdivision (13) of this section;

(iii) For the effective period of its election pursuant to section 28-42-12, any other employing unit which has elected to become subject to chapters 42 -- 44 of this title;

(iv) Any employing unit not an employer by reason of any other paragraph of this subdivision for which, within either the current or preceding calendar year, service is or was performed with respect to which that employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into this state's employment security fund; or which, as a condition for approval of chapters 42 -- 44 of this title for full tax credit against the tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. section 3301 et seq., is required, pursuant to that act, to be an "employer" under chapters 42 -- 44 of this title;

(16) "Employing unit" means any person, partnership, association, trust, estate, or corporation whether domestic or foreign, or the legal representative, trustee in bankruptcy, receiver, or trustee of any of them, or the legal representative of a deceased person, which has, or had in his or her employ one or more individuals; provided, that for the purposes of subdivision (13) of this section, a private home is considered an employing unit only if the person for whom the domestic service was performed paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the current calendar year or the preceding calendar year to individuals employed in that domestic service in that private home;

(17) (i) "Employment", subject to sections 28-42-4 -- 28-42-10, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied; provided, that service performed is also deemed to constitute employment for all the purposes of chapters 42 -- 44 of this title, if performed by an individual in the employ of a nonprofit organization as described in subdivision (24) of this section except as provided in section 28-42-8(7).

(ii) Notwithstanding any other provisions of this section, "Employment" also means service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into this state's employment security fund or which, as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required to be covered under chapters 42 -- 44 of this title;

(18) "Employment -- Crew leader", for the purposes of subdivision (14) of this section:

(i) Any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of that crew leader if:

(A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. section 1801 et seq., or substantially all members of that crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other mechanized equipment, which is provided by that crew leader; and

(ii) That individual is not an employee of that other person within the meaning of subdivision (14) of this section; and

(iii) In the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of that crew leader:

(A) That other person and not the crew leader will be treated as the employer of that individual; and

(B) That other person will be treated as having paid cash remuneration to that individual in an amount equal to the amount of cash remuneration paid to that individual by the crew leader (either on his or her own behalf or on behalf of that other person) for the service in agricultural labor performed for that other person;

(19) "Employment office" means a free public employment office, or branch, operated by the director or by this state as part of a system of free public employment offices, or other agency that the director may designate with the approval of the social security administration;

(20) "Fund" means the employment security fund established by this chapter;

(21) "Governmental entity" means state and local governments in this state and includes the following:

(i) The state of Rhode Island or any of its instrumentalities, or any political subdivision of these or any of its instrumentalities;

(ii) Any instrumentality of more than one of these; or

(iii) Any instrumentality of any of these and one or more other states or political subdivisions;

(22) "Hospital" means an institution which has been licensed, certified, or approved by the department of health as a hospital;

(23) (i) "Institution of higher education" means an educational institution in this state which:

(A) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of this certificate;

(B) Is legally authorized within this state to provide a program of education beyond high school;

(C) Provides:

(I) An educational program for which it awards a bachelor's or higher degree, or a program which is acceptable for full credit toward this degree;

(II) A program of post-graduate or post-doctoral studies; or

(III) A program of training to prepare students for gainful employment in a recognized occupation; and

(D) Is a public or other non-profit institution.

(ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges and universities in this state are institutions of higher education for purposes of this section;

(24) "Nonprofit organization" means an organization or group of organizations as defined in 26 U.S.C. section 501(c)(3) which is exempt from income tax under 26 U.S.C. section 501(a);

(25) (i) "Partial unemployment". An employee is deemed partially unemployed in any week of less than full-time work if he or she fails to earn in wages for that week an amount equal to the weekly benefit rate for total unemployment to which he or she would be entitled if totally unemployed and eligible.

(ii) For the purposes of this subdivision and subdivision (27) of this section, the term "wages" includes only that part of remuneration for any work, which is in excess of one-fifth ( 1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week, and the term "services" includes only that part of any work for which remuneration in excess of one-fifth ( 1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week is payable; provided, that nothing contained in this section permits any individual to whom remuneration is payable for any work performed in any week in an amount equal to or greater than his or her weekly benefit rate to receive benefits under this subdivision for that week.

(iii) Notwithstanding anything contained to the contrary in this subdivision, the term "services", as used in this subdivision and in subdivision (27) of this section, does not include services rendered by an individual under the exclusive supervision of any agency of this state, or any political subdivision of the state, where the services are required solely for the purpose of affording relief, support, or assistance to needy individuals performing those services, or services performed by members of the national guard and organized reserves in carrying out their duties in weekly drills as members of those organizations, and the term "wages", as used in this subdivision and in subdivision (27) of this section, does not include either remuneration received by needy individuals for rendering these services when that remuneration is paid exclusively from funds made available for that purpose out of taxes collected by this state or any political subdivision of the state, or remuneration received from the federal government by members of the national guard and organized reserves, as drill pay, including longevity pay and allowances;

(26) "Payroll" means the total amount of all wages paid by the employer to his or her employees for employment;

(27) "Total unemployment." An individual is deemed totally unemployed in any week in which he or she performs no services (as used in subdivision (25) of this section) and for which he or she earns no wages (as used in subdivision (25) of this section), and in which he or she cannot reasonably return to any self-employment in which he or she has customarily been engaged;

(28) "Wages" means all remuneration paid for personal services on or after January 1, 1940, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash, and all other remuneration which is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund. Gratuities customarily received by an individual in the course of his or her employment from persons other than his or her employing unit will be treated as wages paid by his or her employing unit. The reasonable cash value of remuneration paid in any medium other than cash, and the reasonable amount of gratuities, will be estimated and determined in accordance with rules prescribed by the director; except that for the purpose of this subdivision and of sections 28-43-1 -- 28-43-14, this term do not include:

(i) That part of remuneration which is paid by an employer to an individual with respect to employment during any calendar year, after remuneration equal to the amount of the taxable wage base as determined in accordance with section 28-43-7 has been paid during that calendar year by the employer or his or her predecessor to that individual; provided, that if the definition of the term "wages" as contained in the Federal Unemployment Tax Act, 26 U.S.C. section 3301 et seq., is amended to include remuneration in excess of the taxable wage base for that employment, then, for the purposes of sections 28-43-1 -- 28-43-14, "wages" includes the remuneration as previously set forth in this subsection up to an amount equal to the dollar limitation specified in the federal act. For the purposes of this subdivision, the term "employment" includes services constituting employment under any employment security law of another state or of the federal government;

(ii) The amount of any payment made to, or on behalf of, an employee under a plan or system established by an employer which makes provision for his or her employees generally or for a class or classes of his or her employees (including any amount paid by an employer or an employee for insurance or annuities, or into a fund, to provide for this payment), on account of:

(A) Retirement;

(B) Sickness or accident disability;

(C) Medical and hospitalization expenses in connection with sickness or accident disability; or

(D) Death; provided, that the employee does not have:

(I) The option to receive, instead of provision for that death benefit, any part of that payment or, if that death benefit is insured, any part of the premiums (or contributions to premiums) paid by his or her employer; and

(II) The right, under the provisions of the plan or system or policy of insurance providing for that death benefit, to assign that benefit, or to receive a cash consideration in lieu of that benefit either upon his or her withdrawal from the plan or system providing for that benefit or upon termination of the plan or system or policy of insurance, or of his or her employment with that employer; or

(III) Any amount paid by an employee or an amount paid by an employer under a benefit plan organized under section 125 of the Internal Revenue Code, 26 U.S.C. section 125.

(E) The payment by an employer (without deduction from the remuneration of the employee) of :

(I) The tax imposed upon an employee under 26 U.S.C. section 3101; or

(II) Any payment required from an employee under chapters 42 -- 44 of this title.

(29) "Week" means the seven (7) day calendar week beginning on Sunday at 12:01 A.M. and ending on Saturday at 12:00 A.M. midnight.

SECTION 91. Sections 28-43-2, 28-43-24, 28-43-29, 28-43-30 and 28-43-31 of the General Laws in Chapter 28-43 entitled "Employment Security - Contributions" are hereby amended to read as follows:

28-43-2. Balancing account -- Credits and charges. -- Subsequent to the establishment of the balancing account as set forth in section 28-43-1(1), the credits and charges to that account are determined by the director as follows:

(1) Credits to the balancing account:

(i) All interest earnings received by the fund;

(ii) All transfers to the credit of the account of this state in the unemployment trust fund under 42 U.S.C. section 903(a);

(iii) Any plus balance remaining to the credit of an employer's account after he or she has ceased to be subject to chapters 42 -- 44 of this title;

(iv) The entire amount credited to the balancing account under section 28-43-9 relating to the balancing rate;

(v) An amount equal to the amount of any restitution by an employee of benefits, whether that restitution is in cash or in the form of offset against benefits otherwise due, when that restitution is made;

(vi) Any deposits made by employers in connection with an appeal under section 28-44-39, which are not returnable;

(vii) The amount reimbursed or advanced to this state as the federal share of extended benefits paid to individuals under section 28-44-62; and

(viii) The amount reimbursed to this state in accordance with section 121 of United States P.L. 94-566.

(2) Charges to the balancing account:

(i) Any minus balance of an employer's account after he or she has ceased to be subject to this title, together with an amount equal to benefits thereafter paid based on wages reported by that employer;

(ii) Any disbursements from the fund which are not chargeable to employer accounts;

(iii) Any benefit payments paid to a claimant and charged to an employer's account after a hearing in which the employer appeared and contested the award which is thereafter finally disallowed on appeal, which the charges to the employer's account are cancelled;

(iv) Any benefit payments based on determinations by the administrative agencies of other states;

(v) Dependent's allowances not otherwise chargeable to an employer's account paid under section 28-44-6 for benefit years beginning subsequent to September 30, 1985;

(vi) Benefits not chargeable to any individual employer's account;

(vii) Any benefit payments paid to an individual who has left his or her employment for reasons which have been determined not to have been connected with the employment; provided, that the benefits paid to an individual who leaves work pursuant to a retirement plan, system, or program in accordance with section 28-44-17 of this title is charged in accordance with section 28-43-3(2)(ii); and

(viii) Any benefits paid for benefit years beginning subsequent to September 30, 1985, to an individual in accordance with section 28-44-62, and not otherwise chargeable to an employer's account;

(ix) Any benefits paid to an individual in accordance with the provisions of section 28-44-3.1 to the extent that the employment security fund is reimbursed for the benefits pursuant to section 121 of United States P.L. 94-566;

(x) The foregoing charges to the balancing account are limited to benefits paid based on service with an employer required to pay contributions under chapters 42 -- 44 of this title.

(xi) Any benefits paid for benefit years beginning subsequent to July 7, 1996 to an individual unemployed as a result of physical damage to the real property at the employer's usual place of business caused by severe weather conditions, including, but not limited to, hurricanes, snowstorms, ice storms or flooding, or fire except where caused by the employer.

28-43-24. Contributions payable by governmental entities. -- (a) In lieu of contributions required by employers under chapters 42 -- 44 of this title, a governmental entity as defined in section 28-42-3(21) may elect to pay to the director for the employment security fund an amount equal to the amount of regular benefits and of one-half ( 1/2) of the extended benefits paid that are attributable to service in the employ of the governmental entity for weeks of unemployment which begin during the effective period of that election in accordance with section 28-43-29; provided, that for weeks of unemployment beginning on or after January 1, 1979, governmental entities which have elected reimbursement are responsible for reimbursing the fund for the full amount of extended benefits that are attributable to service in the employ of that governmental entity; provided further, that the governmental entity is not liable for any benefits paid in accordance with section 28-44-3.1 to the extent that the employment security fund is reimbursed for the benefits pursuant to section 121 of United States P.L. 94-566.

(b) If a governmental entity elects to reimburse the fund, reimbursement payments are made in accordance with section 28-43-30 and the allocation of benefit costs is made in accordance with section 28-43-31.

(c) If a governmental entity does not elect to reimburse the fund, it is required to pay contributions as provided in chapters 42 -- 44 of this title.

28-43-29. Liability for contributions and election of reimbursement. -- (a) Any nonprofit organization or governmental entity which is or becomes subject to chapters 42 -- 44 of this title on or after January 1, 1978, shall pay contributions under chapters 42 -- 44 of this title, unless it elects, in accordance with this section, to pay to the director for the employment security fund the full amount of regular benefits paid plus the full amount of the extended benefits paid, less any federal payments to the state under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, that are attributable to service in the employ of that nonprofit organization or governmental entity to individuals for weeks of unemployment which begin during the effective period of that election; provided, that for weeks of unemployment beginning on or after January 1, 1979, governmental entities which have elected reimbursement shall be responsible for reimbursing the employment security fund for the full amount of extended benefits paid that is attributable to service in the employ of those entities ; provided further, that any nonprofit organization or governmental entity which elects to make payments in lieu of contributions shall not be liable to make those payments with respect to the benefits paid in accordance with section 28-44-3.1 to the extent that the employment security fund is reimbursed for those benefits pursuant to section 121 of United States P.L. 94-566.

(b) Any nonprofit organization or governmental entity which is or becomes subject to chapters 42 -- 44 of this title on January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than the 1978 tax year and the next ensuing tax year provided it files with the director a written notice of its election within the thirty (30) day period immediately following January 1, 1978.

(c) Any nonprofit organization or governmental entity which becomes subject to chapters 42 -- 44 of this title after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than the balance of the tax year beginning with the date on which that subjectivity begins and the next ensuing tax year by filing a written notice of its election with the director not later than thirty (30) days immediately following the date of the determination of that subjectivity.

(d) Any nonprofit organization or governmental entity which makes an election in accordance with subsection (b) or (c) will continue to be liable for payments in lieu of contributions until it files with the director a written notice terminating its election not later than thirty (30) days prior to the beginning of the tax year for which that termination shall first be effective. The nonprofit organization or governmental entity is thereafter liable for the payment of contributions for not less than that tax year and the next ensuing tax year before another election can be exercised.

(e) Any nonprofit organization or governmental entity which has been paying contributions under chapters 42 -- 44 of this title for a period subsequent to January 1, 1978, may change to a reimbursable basis by filing with the director not later than thirty (30) days prior to the beginning of any tax year a written notice of election to become liable for payments in lieu of contributions. That election is not terminable by the organization or entity for that tax year and for the next ensuing tax year.

(f) The director may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid on or after January 1, 1978.

(g) The director, in accordance with those procedures that he or she may prescribe, shall notify each nonprofit organization or governmental entity of any determination which may be made of its status as an employer and of the effective date of any election which it makes and of any termination of that election. Any determination is conclusive on the organization or the entity unless within fifteen (15) days after notice of the determination has been mailed or otherwise delivered to it, appeal is made to the board of review in writing in accordance with section 28-43-14.

28-43-30. Reimbursement payments -- Nonprofit organizations and governmental entities. -- (a) At the end of each month, the director shall bill each nonprofit organization or group of those organizations or governmental entity which has elected to make payment in lieu of contributions, for an amount equal to the full amount of regular benefits, plus the full amount of extended benefits paid during that month, less any federal payments to the state under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, that is attributable to service in the employ of that organization or entity; provided, that for weeks of unemployment beginning on or after January 1, 1979, those governmental entities are responsible for reimbursing the employment security fund for the full amount of extended benefits paid that is attributable to service in the employ of those entities ; provided, further, that the organization or governmental entity is not liable for any benefits paid in accordance with section 28-44-3.1 to the extent the employment security fund is reimbursed for those benefits pursuant to section 121 of United States P.L. 94-566.

(b) The amount computed for the state shall be reported monthly to the general treasurer and is at that time paid from the general fund of the state upon approval of the amount in accordance with the law in effect, except that to the extent that benefits are paid by the state from special administrative funds, the payment by the state into the employment security fund is made from special funds.

(c) The amount computed for political subdivisions, instrumentalities, and all other governmental entities shall be reported monthly to the financial authorities who will pay the required amount into the employment security fund in accordance with regulations as prescribed.

(d) Payment of any bill rendered under subsection (a) shall be made not later than thirty (30) days after that bill was mailed to the last known address of the nonprofit organization or governmental entity, or was otherwise delivered to it. The bill rendered to an employer constitutes the director's determination and is binding upon the employer unless an appeal is filed in writing to the board of review in accordance with section 28-43-14, within fifteen (15) days of the mailing or other delivery.

(e) Payments made by any nonprofit organization or governmental entity under the provisions of this section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.

(f) With respect to nonprofit organizations or group of organizations and governmental entities past due payments of amounts in lieu of contributions are subject to the same interest and penalties that apply to delinquent contributions under sections 28-42-65 and 28-43-15.

(g) If any nonprofit organization or governmental entity is delinquent in making payments in lieu of contributions as required under this section, the director may terminate that organization's or entity's election to make payments in lieu of contributions as of the beginning of the next taxable year and that termination is effective for that and the next taxable year.

28-43-31. Allocation of benefit costs -- Reimbursable employers. -- Each employer that is liable for payments in lieu of contributions in accordance with section 28-43-29 shall pay to the director for the fund the full amount of regular benefits paid plus the full amount of extended benefits paid, less any federal payments to the state under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, that are attributable to service in the employ of that employer. For weeks of unemployment beginning on or after January 1, 1979, governmental entities which are liable for reimbursement are responsible for reimbursing the fund for the full amount of extended benefits paid. Any organization or governmental entity is not liable for any benefits paid in accordance with section 28-44-3.1 to the extent that the employment security fund is reimbursed for those benefits pursuant to section 121 of United States P.L. 94-566.

SECTION 92. Section 28-44-4 of the General Laws in Chapter 28-44 entitled "Employment Security - Benefits" is hereby amended to read as follows:

28-44-4. Inclusion of unpaid wages. -- Wages earned by an employee for employment from employers which remain unpaid because the assets of the employer for whom that employment was rendered are in the custody or control of an assignee for the benefit of creditors, receiver, trustee, or any other fiduciary appointed by or under the control of a court of competent jurisdiction, are, for all purposes of sections 28-44-1, 28-44-3, 28-44-5, 28-44-6, and 28-44-11, deemed to be and shall be treated as though those wages had been paid to that employee during the calendar year within which those wages were earned.

SECTION 93. Chapter 28-37 of the General Laws entitled "Workers' Compensation Administrative Fund" is hereby amended by adding thereto the following section:

28-37-5. Dates of injuries compensable. -- Payments to be made in accordance in section 28-37-4 shall be applicable only to injuries occurring on or after July 1, 1943.

SECTION 94. Section 28-37-5 of the General Laws in Chapter 28-37 entitled "Workers' Compensation Administrative Fund" is hereby repealed.

SECTION 95. Section 31-44-3.1 of the General Laws in Chapter 31-44 entitled "Mobile and Manufactured Homes" is hereby amended to read as follows:

31-44-3.1. Sale of mobile home parks -- Tenants association right of first refusal. -- (a) If In any instance in which a mobile home park owner has been sent a registered or certified letter from an incorporated home owner households association indicating that the such association's membership is has at least fifty-one percent (51%) of the home owner households in residing within that park, as members and that the association has articles of incorporation specifying all rights and powers, including the power to negotiate for, acquire, and operate the mobile home park on behalf of the member residents, then, before a mobile home park may be sold or leased for any purpose and before it may be leased for any purpose that would result in a discontinuance, the owner shall notify the association by registered or certified mail, return receipt requested, of any bona fide offer that the owner intends to accept, to buy the park or to lease it for a use that would result in a discontinuance. The park owner also shall give notice by registered or certified mail, return receipt requested, to the incorporated home owners' association of any intention to sell or lease the park for a use which will result in a discontinuance within fourteen (14) days of any advertisement or other public notice by the owner or his or her agent that the park is for sale or the land upon which the park is located is for lease. Nothing in this chapter herein shall limits the such association from acting as an agent of the residents in any other cause of action, objective, or purpose in advancing a stated purpose in the articles of incorporation of the such home owners association.

(b) The notice of pending bona fide sale from the owner must contain at a minimum the following if known and available and applicable to the sale:

(1) An affidavit from the buyer or lessee stating the offered purchase price or offered lease payment;

(2) The terms of seller financing, including the amount, the interest rate, and the amortization rate of the financing thereof;

(3) The terms of any assumable financing, if any, including the amount, the interest rate, and the amortization rate of the financing thereof;

(4) The legal description and a statement of appraised or assessed value of property included in any land trade involved in the sale of the park;

(5) Proposed improvements to the property or any other economic concessions by the owner to be made by the owner in connection with the sale, or other economic concessions by the owner in connection with the sale, if any;

(6) A statement that the owner will allow reasonable access to the property by parties involved in the potential purchase including but not limited to the tenants' association, consultants, and lenders;

(7) A statement that the owner will make available to the residents copies of any easements either on or off the property to which the owner is a party and copies of all permits or licenses in force within seven (7) days of a signed purchase and sale agreement with the residents;

(8) A statement that the owner will make available to the residents a survey and legal description of the park, plus an itemized list of monthly operating expenses, utility consumption rates, taxes, insurance, and capital expenditures for each of the past three (3) years within seven (7) days of a signed purchase and sale agreement with the residents;

(9) A statement that the owner will make available to the tenants' association the most recent rent roll, a list of tenants, a list of vacant units, and a statement of the vacancy rate at the park for the three (3) preceding calendar years within seven (7) days of a signed purchase and sale agreement with the residents;

(10) A statement that the owner will make available to the tenants' association any available data relating to the past and present existence of hazardous waste either on the property or in close proximity within seven (7) days of a signed purchase and sale agreement with the residents;

(11) A statement that the owner will make available to the tenants' association any available data relating to the water, sewer, and electrical systems of the park within seven (7) days of a signed purchase and sale agreement with the residents;

(12) A statement that the owner will make available to the tenants' association all income and operating expenses relating to the property to be purchased for the three (3) preceding calendar years within seven (7) days of a signed purchase and sale agreement with the residents and any such other information as may be required by the lender. ;

(i) Any Such additional information as required by the lender shall be kept strictly confidential.

(ii) Any incorporated home owners' association entitled to notice under this section has shall have the right to purchase, in the case of a third party bona fide offer to purchase, or to lease in the case of a third party bona fide offer to lease, the said park, provided the association it meets the same price and the same terms and conditions of any offer of which it is entitled to notice under this section by (1) executing a contract or purchase and sale or lease agreement with the owner within forty-five (45) days of notice of the offer and (2) obtaining any necessary financing or guarantees within an additional one hundred thirty-five (135) days.

(iii) No owner shall unreasonably refuse to enter into, or unreasonably delay the execution of a purchase and sale or lease agreement with a home owners' association that has made a bona fide offer to meet the same price and the same terms and conditions of an offer for which notice is required to be given pursuant to this section.

(iv) The deposit monies must be credited to the purchase price of the mobile home park. The incorporated home owners' association will use diligent efforts to obtain a commitment for financing from a lender by making immediate application for financing upon signing of the purchase and sale agreement. In the event that the incorporated home owners' association, with the exercise of reasonable efforts, is unable to obtain necessary financing or comply with other contingencies of the purchase and sale agreement, the incorporated home owners' association shall immediately notify the park owner and the deposit shall be returned to the incorporated home owners' association.

(v) If the incorporated home owners' association defaults shall default in the performance of its obligations as a purchaser under the terms of the purchase and sale agreement, the park owner has shall have, as sole and exclusive remedy for the such default, the right to retain the deposit as liquidated damages in full settlement and discharge of all obligations of the incorporated home owners' association without further recourse in law or equity.

(vi) Failure of the incorporated home owners' association to execute such a purchase and sale agreement or lease within the forty-five (45) day period or to obtain a binding commitment for financing within the one hundred thirty-five (135) day period serves shall serve to terminate the right of such association's right to purchase or lease the mobile park home.

(vii) Residents shall have a total of one hundred eighty (180) days from the receipt of notice of a bona fide sale to complete a transaction under the right of first refusal legislation. Any delays by the seller in supplying requested information as stated in this chapter legislation or any delay resulting from litigation involving the sale and/or litigation affecting the marketability of the title of the mobile home park shall result in the same number of days over the due date being added to the one hundred and eighty (180) days available to the residents for a right of first refusal purchase, unless the such litigation is frivolous and prompted by the association for the sole purpose of delay by the home owners' association.

(viii) These The time periods herein provided may be extended by agreement of the association and the owner. Nothing in this chapter requires herein shall be construed to require an owner to provide financing to any association or to prohibits an owner from requiring an association which is offering to lease a park to have within its possession a sum equivalent to the capitalized value of the proposed rent of the park and requiring that a portion of that sum, of an amount necessary to pay the rent on the park for a period of no greater than two (2) years, be kept in escrow for that such purpose during the term of the lease.

(c) The right of first refusal created herein shall inures to a home owners' association for the time periods herein before provided in this section, beginning on the date of notice to the home owners' association. The effective period of the right of first refusal applies shall apply separately for each substantially different bona fide offer to purchase the park or to lease it for a purpose that would result in a discontinuance, and for each offer the same as an offer made more than three (3) months prior to the later offer. If ; provided however, that in the case of the same offer made by a prospective buyer who has previously made an offer for which notice to a home owners' association was required by this section, the right of first refusal applies shall apply only if the subsequent offer is made more than six (6) months after the earlier offer. The right of first refusal shall not apply as with respect to any offer received by the owner for which notice to a home owners' association is not required pursuant to this section.

(d) No right of first refusal applies shall apply to a government taking by eminent domain or negotiated purchase, a forced sale pursuant to a foreclosure, transfer by gift, devise, or operation of law, or a sale to a person who would be included within the table of descent and distribution if there were to be a death intestate of a park owner.

(e) In any instance in which the incorporated home owners' association of a mobile home park is not the successful purchaser or lessee of the mobile home park, the seller or lessor of the park shall proves compliance with this section by filing an affidavit of compliance in the official land evidence records of the city or town where the property is located within seven (7) days of the sale or lease of the park.

(f) In any instance in which the incorporated homeowners' association of a mobile home park is the successful purchaser or lessee of the such mobile home park, the said association has shall have the right to distinguish in terms of lease conditions, and rent, and fees as between members of said association and non-members of the said association. For purposes of this chapter, members and non-members of a homeowners' association and non-members of a homeowners' association are shall not be deemed residents of a similar class.

SECTION 96. This act shall take effect upon passage.