CHAPTER 180
2001-S 385A
Enacted 07/13/2001


A  N     A   C   T

RELATING TO THE SENATE

Introduced By:  Senators Irons, Caprio, Celona and Coderre Date Introduced:  February 13, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 1-5-2 of the General Laws in Chapter 1-5 entitled "Permanent Noise Monitoring Act - Aircraft Operations Monitoring System" is hereby amended to read as follows:

1-5-2. Copies of reports to government entities. -- The Rhode Island airport corporation shall prepare a report on a quarterly basis pertaining to the volume and quantity of air traffic at the T.F. Green airport in the city of Warwick, occurring during each quarter being reported on. These reports shall be submitted on a quarterly basis in each and every calendar year to: the office of the governor; the office of the senate majority leader; president of the senate; the office of the senate minority leader; the office of the speaker of the house; the office of the house minority leader; and the Rhode Island department of environmental management.

The report shall include the total number of aircraft landings and departures, by aircraft type and time of day; an analysis of the amount of total usage of the runways during the reporting period; and other information as may be desirable to ensure compliance with approved noise abatement and land use compatibility plans.

SECTION 2. Sections 2-4-3 and 2-4-3.1 of the General Laws in Chapter 2-4 entitled "Soil Conservation" are hereby amended to read as follows:

2-4-3. State conservation committee -- (a) There is established, within the department of environmental management to serve as an agency of the state and to perform the functions conferred upon it by this chapter, the state conservation committee. The following shall serve as members of the committee: the director of environmental management, one conservation district director representative from each conservation district, one governor's appointee, one state senator, and one state representative.

(b) District director representatives to the state committee shall be selected for a term of three (3) years by the district board of directors at their annual meeting and the state committee shall be notified of the results of this election at least thirty (30) days prior to the expiration of the term of office. State committee members shall hold office until a successor has been selected. Vacancies shall be filled for any unexpired terms. The selection of successors to fill an unexpired term or for a full term shall be in the same manner in which the respective state committee member had been selected.

(c) The governor's appointive member of the committee shall be selected every two (2) years by the governor, and select and represent those interests within the state not already represented, or less fully represented, on the committee.

(d) General assembly members of the committee shall be selected every two (2) years. The state senator member shall be appointed by the majority leader president of the senate. The house of representatives member to the committee shall be appointed by the speaker of the house of representatives.

(e) The committee shall invite the director of the cooperative extension service and agricultural experiment station, chief of the office of state planning, director of transportation, the president of the Rhode Island association of conservation districts, the state conservationist of the USDA soil conservation service, the state executive director of the USDA agricultural stabilization and conservation service, the chairperson of the water resources board, and the executive director of the coastal resources management council, and any other agency representatives necessary to carry out the intent of this chapter to serve as advisors to the state committee.

(f) The committee shall keep a record of its official actions, and may perform any acts, hold any public hearings, and promulgate any rules and regulations that may be necessary for the execution of its functions under this chapter.

2-4-3.1. Rhode Island Farm, Forest and Open Space Land Value Subcommittee -- (a) There is hereby created the "Rhode Island Farm, Forest, and Open Space Land Value Subcommittee" (the subcommittee) to recommend the methodology and values for the assessment of land for property taxation on the basis of current use for farm, forest, and open space lands, as established by chapter 27 of title 44 and section 44-5-12. The values recommended by the subcommittee, upon review and approval by the state conservation committee, shall be made available to local tax assessors and such value shall be the recommended maximum current use value per acre at which such land classifications can be assessed.

(b) The subcommittee shall consist of the following twelve (12) members: the chair of the state conservation committee, or designee; three (3) local tax assessors appointed by the governor; the director of the Department of Administration, or designee; the chief of the Department of Environmental Management's Division of Agriculture, or designee; the chief of the Department of Environmental Management's Division of Forest Environment, or designee; the dean of the University of Rhode Island's College of Natural Resources, or designee; two (2) public members who shall be appointed by the Speaker of the House, one of whom shall be a landowner currently enrolled under the forest land provision of chapter 27 of title 44, each of which appointments to be selected from not less than three (3) persons recommended by the Rhode Island Agricultural Council; and two (2) public members who shall be appointed by the Senate Majority Leader president of the Senate at least one of whom shall be a member of a Land Trust and shall be selected from not less than three (3) persons recommended by the state conservation committee. Each appointed member of the subcommittee shall serve for a term of three (3) years, and shall serve until his or her successor has been appointed and qualified.

(c) The state conservation committee shall provide the subcommittee's list of current use values for farm, forest, and open space land to each tax assessor, through the Department of Administration, on or before February 15 of each year in which the subcommittee is required to determine such figures.

(d) The subcommittee shall abide by the rules governing the state conservation committee, as provided in section 2-4-5; prior to the adoption of the rules a simple majority of the members of the subcommittee, as provided for in subsection (b) of this section, shall be necessary for a quorum, which quorum shall by majority vote have the power to conduct business in the name of the subcommittee.

SECTION 3. Section 4-13-1.3 of the General Laws in Chapter 4-13 entitled "Dogs" is hereby amended to read as follows:

4-13-1.3. Rabies control board -- (a) There shall be a rabies control board consisting of nine (9) people as follows:

(1) The director of the Rhode Island department of environmental management or his or her designee;

(2) The director of the Rhode Island department of health or his or her designee;

(3) A Rhode Island licensed veterinarian, appointed by the governor, who is a member of the Rhode Island veterinary medical association;

(4) A livestock farmer, appointed by the governor, who is a member of the Rhode Island farm bureau;

(5) A member of a recognized Rhode Island humane group (such as the Rhode Island society for prevention of cruelty to animals), appointed by the governor;

(6) The state veterinarian, who shall serve as chairperson;

(7) A member of the Rhode Island animal control association, appointed by the governor; and

(8) Two (2) members of the general assembly, one member to be appointed by the speaker of the house, and one member to be appointed by the senate majority leader. president of the senate.

(b) The members of the board shall serve without compensation. The board members from the departments of health and environmental management shall serve at the discretion of their directors. The state veterinarian shall serve without term. Nongovernmental members shall serve for a period of three (3) years and reappointments shall be made by the governor.

(c) Vacancies for citizen members shall be filled by appointment for the unexpired term only. Any citizen member of the commission may be removed from office by the governor for cause, upon notice and opportunity to be heard.

SECTION 4. Section 5-71-4 of the General Laws in Chapter 5-71 entitled "Interpreters for the Deaf" is hereby amended to read as follows:

5-71-4. Board of examiners -- Creation -- Compensation -- Appointment, terms and qualifications of members -- (a) There exists within the state department of health a board of examiners of interpreters for the deaf. The board consists of nine (9) persons who are residents of the state of Rhode Island for at least two (2) years prior to their appointments. Two (2) nationally certified interpreters, one screened interpreter, one interpreter eligible under section 5-71-12, three (3) consumers, one (1) special license holder and one consumer of specialized communication modalities as defined in section 5-71-3. The certified members hold certification from the National Registry of Interpreters for the Deaf, and hold an active and valid license in this state, except for the first appointed members who are persons who are engaged in rendering interpreting services for a period of at least five (5) years, and are qualified for license under the provisions of this chapter. The Screened member holds valid screening from a recognized state-screening, and holds an active and valid license in this state, except for the first appointed member who is a person who has been engaged in rendering interpreting services for a period of at least five (5) years, and is qualified for license under the provisions of this chapter. The special licensed member has expertise in one of the communication modalities defined in section 5-71-3(7), or another specialized communication modality.

(b) The first board and all future members are appointed in the following manner:

(1) The speaker of the house appoints one nationally certified interpreter member and one consumer member upon the advice of deaf consumer organizations such as the Rhode Island Association of the Deaf.

(2) The senate majority leader president of the senate appoints one nationally certified interpreter member, one consumer member upon the advice of deaf consumer organizations, and one parent of a deaf or hard of hearing child;

(3) The house minority leader appoints the grandparent interpreter eligible under section 5-71-12; and

(4) The governor appoints the screened interpreter member, one special license holder, and one consumer of specialized communication modalities upon the advice of organizations of persons who utilize interpreters for the deaf to facilitate communication.

(c) Initially:

(1) The two (2) nationally certified interpreters and the consumer of specialized communication modalities members of the board serve for a term of one year;

(2) The screened interpreter member, and the consumer members appointed by the speaker and the senate majority leader president of the senate serve for a term of two (2) years; and

(3) The grandparent interpreter member, the parent member, and the special license holder member serve for a term of three (3) years.

(d) All appointments made after this are for the term of three (3) years. Members serve until the expiration of the term for which they have been appointed or until their successor is appointed. No person is appointed to serve more than two (2) consecutive terms. When a vacancy upon the board occurs, a replacement is appointed for the remainder of that term as prescribed in this section.

(e) The board reorganizes annually during the month of December and elects a chairperson and vice chairperson for the subsequent calendar year.

(f) Five (5) members of the board constitute a quorum to do business.

(g) The director of the department of health, with the approval of the governor may remove any member of the board for dishonorable conduct, incompetency, or neglect of duty.

SECTION 5. Section 8-16-1 of the General Laws in Chapter 8-16 entitled "Commission on Judicial Tenure and Discipline" is hereby amended to read as follows:

8-16-1. Composition -- Appointment -- (a) There is hereby created a commission to be known as the commission on judicial tenure and discipline, hereinafter referred to as the commission. The commission shall consist of fourteen (14) members: three (3) of whom shall be appointed by the governor with the advice and consent of the senate, none of whom need be attorneys; three (3) of whom shall be appointed by the governor from a list of attorneys provided by the Rhode Island bar association with the advice and consent of the senate, that list of attorneys to include five (5) names for each member to be appointed by the governor; three (3) of whom shall be members of the general assembly, two (2) to be appointed by the speaker of the house of representatives, one of whom shall be from the minority party, and one to be appointed by the majority leader president of the senate; four (4) members of the judiciary appointed by the supreme court, one each from the superior, family, and district courts and one at large member from any court shall be chairperson; one workers' compensation judge appointed by the chief justice of the supreme court.

(b) No member of the commission, except the appointed members of the general assembly or the judiciary, shall, while serving as a member thereof, hold any public office, and no member of the commission appointed by the governor shall be in the employ of the state of Rhode Island.

(c) The chairperson of the commission shall direct the performance of such administrative duties as may be required for the effective discharge of the obligations herein made incumbent upon the commission.

SECTION 6. Section 8-16.1-2 of the General Laws in Chapter 8-16.1 entitled "Judicial Selection" is hereby amended to read as follows:

8-16.1-2. Judicial nominating commission -- (a) There is hereby established an independent nonpartisan judicial nominating commission which shall consist of nine (9) members, all of whom shall be residents of the state of Rhode Island, and who shall be appointed as follows:

(1) Within seven (7) days after June 2, 1994:

(i) The speaker of the house of representatives shall submit to the governor a list of at least three (3) attorneys;

(ii) The majority leader president of the senate shall submit to the governor a list of at least three (3) persons who may be attorneys and/or members of the public;

(iii) The speaker of the house of representatives and the majority leader president of the senate shall jointly submit to the governor a list of four (4) members of the public;

(iv) The minority leader of the house of representatives shall submit to the governor a list of at least three (3) members of the public; and

(v) The minority leader of the senate shall submit to the governor a list of at least three (3) members of the public.

(2) Within fourteen (14) days after June 2, 1994, the governor shall appoint to the commission:

(i) One person from each of the lists submitted in accordance with subsection (a)(1) of this section;

(ii) Three (3) attorneys, without regard to any of the lists; and

(iii) One member of the public, without regard to any of the lists.

(3) The governor and the nominating authorities hereunder shall exercise reasonable efforts to encourage racial, ethnic, and gender diversity within the commission.

(b) Members of the commission shall serve for terms of four (4) years, except that, of the members first appointed:

(1) The individual appointed from the list submitted by the minority leader of the house of representatives and one of the attorneys appointed by the governor without regard to any of the lists shall serve for one year;

(2) The individual appointed from the list submitted by the minority leader of the senate and one of the attorneys appointed by the governor without regard to any of the lists shall serve for two (2) years;

(3) The individual appointed from the list submitted jointly by the speaker of the house of representatives and by the majority leader president of the senate and the member of the public appointed by the governor without regard to any of the lists shall serve for three (3) years; and

(4) The individuals appointed from the lists submitted by the majority leader president of the senate and by the speaker of the house of representatives and one of the attorneys appointed by the governor without regard to any of the lists shall serve for four (4) years.

(c) No member shall be reappointed to the commission; provided, however, that each member shall continue to serve until his or her successor is appointed and qualified. No commission member shall be a legislator, judge, or elected official, or be a candidate for any public office, or hold any compensated federal, state, or municipal public office or elected office in a political party during his or her tenure or for a period of one year prior to appointment. No member of the commission may hold any other public office (except that of notary public) under the laws of the United States, of this state, or of any other governmental entity for which monetary compensation is received. No members shall be eligible for appointment to a state judicial office during the period of time he or she is a commission member and for a period of one year thereafter. No two (2) or more members of the commission shall be members or employees of the same law firm, or employees of the same profit or nonprofit corporation. Vacancies other than those arising through the expiration of a term shall be filled for the unexpired portion of the term in the same manner as vacancies due to the expiration of a term.

(d) A quorum consisting of five (5) members shall be necessary in order for the commission to conduct any business. All names submitted to the governor by the commission shall be approved by at least five (5) members of the commission voting in favor of each selection.

(e) The commission shall have the power to adopt rules and procedures which aid in its selection of the most highly qualified nominees for judicial office. The governor shall designate a member of the commission to serve as chairperson, who shall serve in that capacity for the duration of his or her tenure. All meetings of the commission shall be subject to the open meetings law as defined in chapter 46 of title 42.

(f) The commission is hereby authorized and empowered to investigate the personal background of each nominee as it relates to a determination of judicial fitness through the Rhode Island state police and the attorney general's office, and to require full financial disclosure under the provisions of chapter 14 of title 36.

(g) The commission shall direct the performance of such administrative duties as may be required for the effective discharge of the obligations granted to the commission, and is hereby empowered to engage the services of legal, secretarial, clerical, and investigative employees and to make such other expenditures as are necessary for the effective performance of its functions. Expenses for office space, staffing, and necessary monetary outlays shall be provided by the department of administration as a separate line item in the state budget under the term "judicial nominating commission."

(h) Each person appointed to the commission shall, prior to exercising any authority or assuming any duties as a member of the commission, take an engagement of office in accordance with section 36-1-2. The governor may remove a commission member from office for neglect of duty, malfeasance in office, or conviction of a criminal offense. After a commission member is notified of any allegations against her or him in writing, the commission member shall be entitled to one public hearing prior to removal by the governor.

SECTION 7. Section 11-33-6 of the General Laws in Chapter 11-33 entitled "Perjury and False Swearing" is hereby amended to read as follows:

11-33-6. Perjury before general assembly committees -- (a) Every person who testifies before any committee, sub-committee, or commission of the general assembly may be required to do so under oath or affirmation by the committee, sub-committee, or commission, and if required a stenographic record shall be kept of that testimony after approval by the speaker of the house of representatives and the majority leader. president of the senate.

(b) Any person under subsection (a) of this section who willfully swears or affirms falsely in regard to any testimony before any committee, sub-committee, or commission of the general assembly is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500) or be imprisoned for not more than one year.

SECTION 8. Section 11-37.1-12 of the General Laws in Chapter 11-37.1 entitled "Sexual Offender Registration and Community Notification" is hereby amended to read as follows:

11-37.1-12. Rules and regulations for community notification -- Establishment of advisory council -- (a) This section establishes a notification advisory council to consult with and provide recommendations to the attorney general concerning the guidelines to be promulgated pursuant to this chapter. The council shall consist of twelve (12) persons who, by experience or training, have a personal interest or professional expertise in law enforcement, crime prevention, victim advocacy, criminology, psychology, parole, public education, or community relations. The members of the council shall be appointed in the following manner: one person shall be appointed by the attorney general; three (3) shall be appointed by the governor, of whom no more than two (2) shall be the same political party; four (4) shall be appointed by the senate majority leader president of the senate of whom no more than two (2) shall be the same political party; and four (4) shall be appointed by the speaker of the house of representatives of whom no more than three (3) shall be of the same political party. Any vacancies occurring in the membership shall be filled in the same manner as the original appointments.

(b) After consultation with members of the advisory council established pursuant to this section and within six (6) months of the appointment of those members, the attorney general shall promulgate guidelines and procedures for notification required pursuant to the provisions of this section.

(c) (1) The guidelines shall identify factors relevant to risk of re-offense and shall provide for three (3) levels of notification depending upon the degree of the risk of re-offense.

(2) Factors relevant to risk of re-offense shall include, but not be limited to, the following:

(i) Conditions of release that minimize risk of re-offense, including, but not limited to, whether the offender is under supervision of probation or parole; receiving counseling, therapy or treatment; or residing in a home situation that provides guidance and supervision;

(ii) Physical conditions that minimize risk of re-offense, including but not limited to advanced age or debilitating illness;

(iii) Criminal history factors indicative of high risk of re-offense, including:

(A) Whether the offender's conduct is characterized by repetitive and compulsive behavior;

(B) Whether the offender served the maximum term; and

(C) Whether the offender committed the sex offense against a child;

(iv) Other criminal history factors to be considered in determining risk, including:

(A) The relationship between the offender and the victim;

(B) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury; and

(C) The number, date, and nature of prior offenses;

(v) Whether or not psychological or psychiatric profiles indicate a risk of recidivism;

(vi) The offender's response to treatment;

(vii) Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence; and

(viii) Recent threats against persons or expressions of intent to commit additional crimes.

(3) The regulations shall provide for three (3) levels of notification depending upon the risk of re-offense by the offender as follows:

(i) If risk of re-offense is low, law enforcement agencies likely to encounter the person registered shall be notified;

(ii) If risk of reoffense is moderate, organizations in the community including schools and religious and youth organizations likely to encounter the person registered shall be notified in accordance with the attorney general's guidelines, in addition to the notice required by subdivision (c)(1) of this section. This notice shall be provided only to those schools or organizations which are actually in charge of, or in control of, women or children and which are likely to encounter the person registered; and

(iii) If risk of reoffense is high, the members of the public likely to encounter the person registered shall be notified through means in accordance with the attorney general's guidelines designed to reach members of the public likely to encounter the person registered, in addition to the notice required by subdivisions (c)(1) and (c)(2) of this section.

(4) In order to promote uniform application of notification guidelines required by this section, the parole board and the chief law enforcement officer of the city or town in which the convicted offender will reside shall develop procedures for evaluation of the risk of re-offense and implementation of community notification.

(5) The parole board shall assess the risk of re-offense of each offender referred to them for community notification and shall designate the appropriate level of community notification based on the offender's risk of re-offense, in accordance with the provisions of this section and section 11-37.1-13. The parole board is authorized to utilize the Rhode Island state police web site for the public release of identifying information of tier three sexual predators who have been convicted, incarcerated, and released and who the parole board finds are likely to travel out of state, provided that no identifying information of a juvenile shall be listed on the web site.

(6) Notwithstanding any other provision of law, the parole board shall have access to all relevant records and information in the possession of any state official or agency having a duty under (a)(1) through (a)(6) of section 11-37.1-5, relating to juvenile and adult offenders under review by the parole board, including but not limited to police reports; prosecutors statements of probable cause, pre-sentence investigations and reports, complete judgments and sentences, current classification referrals, juvenile and adult criminal history records, violation and disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric hospital records, sex offender evaluations and treatment reports, substance abuse evaluations and treatment reports to the extent allowed by federal law. Records and information obtained by the parole board under this subsection shall remain confidential. The parole board may disclose records and information to the board of review, the sentencing court, and/or law enforcement agencies in accordance with the provisions of this chapter.

(d) The attorney general and the council shall conduct a comprehensive review of the guidelines to determine whether any changes or revisions should be promulgated. Upon completion of that review and the submission of any recommendations thereon, the council shall expire.

SECTION 9. Section 11-47-35 of the General Laws in Chapter 11-47 entitled "Weapons" is hereby amended to read as follows:

11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board -- Issuance of permits to certain government officers -- (a) (1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the purchase. When delivered, the pistol or revolver shall be unloaded and securely wrapped, with the bill of sale enclosed within the wrapper. Any citizen of the United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and any nonresident member of the armed forces of the United States who is stationed in this state and who is twenty-one (21) years of age or older, may upon application purchase or acquire a pistol or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser shall: (i) complete and sign in triplicate and deliver to the person selling the pistol or revolver the application form described below, and in no case shall it contain the serial number of the pistol or revolver; and (ii) shall present to the person selling the pistol or revolver a pistol/revolver safety certificate issued by the department of environmental management. The certificate shall be retained in the possession of the buyer. The pistol/revolver safety certificate shall certify that the purchaser has completed a basic pistol/revolver safety course as administered by the department of environmental management.

(Face of application form)

Application to Purchase Pistol or Revolver Date . . . . . . . . . . . . . . .. . . . . . . .

Hour ............ A.M. P.M. Name .........................................................................

(Street and number) (City or town) (State)

Date of Birth . . . . . . . . . . . . . . . . . . . . . . . . . . .

Place of Birth ........................................................................

Height . . . . . . . . . . . . . Weight . . . . . . . . . . . . . . .

Color hair .........................................................................

Color eyes ...................................................................

Scars ........................................................................

Tattoos ......................................................................

Other identifying marks ......................................................

Are you a citizen of the United States .......................................

Are you a citizen of Rhode Island ............................................

How long .....................................................................

Where stationed ..............................................................

(Armed Forces only) ..........................................................

Have you ever been convicted of a crime of violence

(See section 11-47-2) Have you ever been adjudicated or under confinement as addicted to a controlled substance .........................................................

Have you ever been adjudicated or under confinement for alcoholism ...........

Have you ever been confined or treated for mental illness ....................

From whom is pistol or revolver being purchased ..............................

Seller's address .............................................................

Seller's signature ...........................................................

Applicant's signature ........................................................

(See section 11-47-23 for penalty for false information on this application

(Reverse side of application form)

AFFIDAVIT: I certify that I have read and am familiar with the provisions of sections 11-47-1 - 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence Plantations, and that I am aware of the penalties for violation of the provisions of the cited sections. I further certify that I have completed the required basic pistol/revolver safety course. Signed ....................................................................... (over) County of .................................................................... State of Rhode Island Subscribed and sworn before me this . . . . day of . . . . A.D. 20. . Notary Public ...................................................................

(2) On the date of application, the person selling the pistol or revolver must sign and forward, by registered mail or by delivery in person, the original and duplicate copies of the application to the superintendent of the Rhode Island state police or the chief of police in the city or town in which the person has his or her residence or place of business. The superintendent of the Rhode Island state police or the chief of police in the city or town in which the person has his or her residence or place of business shall mark or stamp the original copy of the application form with the date and the time of receipt and return it by the most expeditious means to the person selling the pistol or revolver. The triplicate copy signed by the person selling the pistol or revolver shall within seven (7) days be sent by him or her by registered mail to the attorney general. The person selling the pistol or revolver shall retain the original copy duly receipted by the police authority to whom sent or delivered for a period of six (6) years with other records of the sale. It is the duty of the police authority to whom the duplicate copy of the application form is sent or delivered to make a background check of the applicant to ascertain whether he or she falls under the provisions of section 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application, no disqualifying information has been received from the investigating police authority by the person selling the pistol or revolver, he or she will deliver the firearm applied for to the applicant. Upon the finding of no disqualifying information under the provisions of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate copies in violation of this act or any unauthorized use of the information contained therein by a person or agency shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this section do not apply to bona fide sales at wholesale to licensed retail dealers, nor to purchases by retail dealers licensed under the provisions of section 11-47-39.

(b) (1) The department of environmental management shall establish the basic pistol/revolver safety course required hereunder. The safety course shall consist of not less than two (2) hours of instruction in the safe use and handling of pistols and revolvers. The course shall be available to buyers continually throughout the year at convenient times and places but at least monthly at locations throughout the state, or more frequently as required. Proficiency in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No person shall be required to complete the course more than once. Any person completing the course who is unable to produce the safety certificate issued by the department of environmental management shall be required to take the course again unless the person provides evidence to the department that he or she has successfully completed the course.

(2) The administration of the basic pistol/revolver safety course required by this section shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

(c) Proof of passage of the department of environmental management's basic hunter safety course will be equivalent to the pistol/revolver safety certificate mandated by this section.

(d) Any person who has reason to believe that he or she does not need the required handgun safety course may apply by any written means to the department of environmental management to take an objective test on the subject of matter of the handgun safety course. The test shall be prepared, as well as an instruction manual upon which the test shall be based, by the department. The manual shall be made available by any means to the applicant who may, within the time limits for application, take the objective test at the department or at any location where the handgun safety course is being given. Any person receiving a passing grade on the test shall be issued a pistol/revolver safety certificate by the department.

(e) (1) There is established within the department of environmental management a review board which consists of five (5) members as follows: one member from the Rhode Island house of representatives to be appointed by the speaker, one member from the Rhode Island senate to be appointed by the majority leader, president of the senate, two (2) members who are residents of the state representing the public, to be appointed by the governor, one of whom shall be from the Rhode Island rifle and revolver association, and the director of the department of environmental management or his or her designee. The legislative members of the review board shall serve so long as they shall remain members of the house from which they were appointed and until their successors are duly appointed and qualified. The board members representing the public shall serve at the pleasure of the governor. Vacancies shall be filled in like manner as the original appointments. (2) It is the duty of the review board to monitor and evaluate the development of the basic pistol/revolver safety course required by this section, to ensure compliance with the provisions of subsection (b) of this section, and to periodically make or recommend such changes in the safety course as the review board deems advisable, not inconsistent with the provisions of this section. It is also the duty of the review board to decide all appeals from any decisions of the department of environmental management rendered pursuant to its responsibilities as set forth in subsection (b) of this section. (3) There shall be no civil liability incurred and no cause of action of any nature shall arise against any member of the review board or its agents, servants, or employees as a result of any decisions made by the board or for any action taken by the board or its members, agents, servants, or employees. (f) The following persons shall be issued basic pistol/revolver permits by the department of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the state police, prison or jail wardens or their deputies, members of the city or town police force, members of the park police, conservation officers, and officers of the United States government authorized by law to carry a concealed firearm and, at the discretion of the department of environmental management, any person who can satisfactorily establish that he or she formerly held, such office or were authorized to do so. (g) Any person who is serving in the army, navy, air force, marine corps or coast guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate or basic pistol/revolver permit under this section as long as he or she remains on active duty. (h) Any person who is serving in the active reserve components of the army, navy, air force, marine corps or coast guard, or any person in an active duty paid status in the Rhode Island national guard, shall not be required to obtain a basic pistol/revolver safety certificate under this section as long as he or she remains in active status.

SECTION 10. Section 12-1.4-4 of the General Laws in Chapter 12-1.4 entitled "Citizens' Commission for the Safety and Care of the Elderly" is hereby amended to read as follows:

12-1.4-4. Membership -- (a) The commission shall consist of nineteen (19) members: eight (8) older citizens appointed by the speaker and seven (7) older citizens appointed by the senate majority leader. president of the senate. The speaker shall appoint three (3) members and the majority leader president of the senate shall appoint (2) members for terms of (3) years; the speaker shall appoint three (3) members and the majority leader president of the senate shall appoint two (2) members for terms of two (2) years; and the speaker shall appoint two (2) members and the majority leader president of the senate shall appoint three (3) members for a term of one year. These terms shall commence with the date of appointment and expire on the January 31 thereafter corresponding with the number of years of the term to which appointed thereafter. Appointments shall be made for terms of three (3) years, commencing on February 1 in the year of appointment and ending on January 31 in the third year. Any vacancy shall be filled by the appointing authority for the remainder of the unexpired term.

(b) The remaining four (4) members shall be: the president of the police chiefs' association or his or her designee, the attorney general or his or her designee, the director of elderly affairs or his or her designee, and a representative of the state police appointed by the superintendent of the state police. These four (4) members shall be appointed for a term of three (3) years.

(c) The members of the commission shall meet and organize at the call of the speaker of the house, and select from among themselves a chairperson.

SECTION 11. Section 12-2.2-6 of the General Laws in Chapter 12-2.2 entitled "Capitol Police for Public Buildings" is hereby amended to read as follows:

12-2.2-6. Temporary assignment of capitol police officers -- (a) Upon the convening of the general assembly each year, four (4) members of the capitol police will be assigned for security purposes. Two (2) capitol police officers will be chosen by the speaker of the house of representatives and two (2) capitol police officers will be chosen by the senate majority leader. president of the senate. Duties assigned, clothing to be worn, and hours to be worked will be designated by the speaker of the house of representatives and the majority leader president of the senate. These officers will be considered "on assignment" whenever officially assigned to any place used by the general assembly to conduct its business, or any place used by the committee or members of the general assembly to conduct business.

(b) Following the adjournment of the general assembly, or at any other time designated by the speaker of the house of representatives or the majority leader president of the senate, the officers will return to their previously assigned duties as members of the capitol police.

SECTION 12. Section 12-26-1 of the General Laws in Chapter 12-26 entitled "Special Commission On Criminal Justice" is hereby amended to read as follows:

12-26-1. Special commission on criminal justice established -- (a) There is created a commission to be known as the special commission on criminal justice. The commission shall consist of nineteen (19) members: three (3) of whom shall be from the house of representatives, not more than two (2) of whom shall be from the same political party, to be appointed by the speaker; three (3) of whom shall be from the senate, not more than two (2) of whom shall be from the same political party, to be appointed by the majority leader; president of the senate; eight (8) of whom shall be the chief justice of the supreme court, the presiding justice of the superior court, the chief judge of the family court, the chief judge of the district court, the attorney general, the public defender, the mental health advocate, and the state court administrator, all of whom shall serve ex officio; one of whom shall be a member of the bar association who has experience in criminal practice to be appointed by the governor; and four (4) of whom shall be representative of the public to be appointed by the governor and to serve for terms of two (2) years. All ex officio members have the right to vote on all matters which are considered by the commission.

(b) Vacancies on the commission shall be filled in the same manner as the original appointment.

SECTION 13. Section 15-18-3 of the General Laws in Chapter 15-18 entitled "Commission on Child Support" is hereby amended to read as follows:

15-18-3. Membership -- (a) The commission shall consist of fifteen (15) members: three (3) of whom shall be members of the house of representatives, not more than two (2) from the same political party, to be appointed by the speaker; two (2) of whom shall be from the senate, not more than one from the same political party to be appointed by the senate majority leader; president of the senate; one of whom shall be the chief judge of the family court, or his or her designee; one of whom shall be the chairperson of the supreme court advisory committee on women in the courts; one of whom shall be a magistrate of the family court to be appointed by the chief judge of the family court; one of whom shall be the director of the department of human services or his or her designee; two (2) of whom shall be attorneys who are members of the family court bench bar committee to be appointed by the chairperson of the committee; one of whom shall be the chief counsel of the legal aid society; one of whom shall be a member of a child support advocacy group to be appointed by the governor; and two (2) members of the general public who at their time of appointment are custodial parents to be appointed by the governor. Members from the family court bench bar committee, members from the general public, and the member from the child support advocacy group shall serve two (2) year terms.

(b) Any vacancy on the commission shall be filled by the appointing authority in the same manner as the original appointment.

(c) The members shall annually elect, by majority vote, one of the members as chairperson, one of the members as vice-chairperson, and one of the members as secretary.

SECTION 14. Section 16-21.2-9 of the General Laws in Chapter 16-21.2 entitled "The Rhode Island Substance Abuse Prevention Act" is hereby amended to read as follows:

16-21.2-9. Permanent legislative oversight commission on substance abuse prevention -- There is hereby established a permanent legislative oversight commission on substance abuse prevention whose purpose it shall be to oversee the implementation and administration of the Rhode Island Substance Abuse Prevention Act and to advise and make recommendations to the general assembly as to the adequacy and efficiency of all statutes, rules, regulations, guidelines, practices, and programs relating to substance abuse prevention. The commission shall consist of twelve (12) members: Five (5) members shall be appointed by the speaker of the house of representatives from among the members of the house of representatives, not more than four (4) of whom shall be from the same political party; three (3) members shall be appointed by the majority leader president of the senate from among the members of the senate, not more than two (2) of whom shall be from the same political party; and one member (ex officio) shall be the director of the department of mental health, retardation, and hospitals and one member (ex officio) shall be the director of the department of health or designee; and a Rhode Island Substance Abuse Prevention Act task force member to be appointed by the chairperson of the commission; and a public member appointed by the chairperson of the commission. The chairperson of the commission shall be appointed by the speaker of the house of representatives. Members of the commission shall serve without compensation, except that they shall be allowed their actual and necessary expenses incurred in the performance of their duties under this section. The commission may request and shall receive from any instrumentality of the state, including the division of substance abuse of the department of health and from any municipality or any instrumentality thereof, such information and assistance as it deems necessary for the proper execution of its powers and duties under this section. The commission shall meet at least quarterly and shall report at least annually to the general assembly on its findings and recommendations with respect to:

(1) All existing substance abuse prevention programs;

(2) All rules, regulations, and guidelines promulgated pursuant to the Rhode Island Substance Abuse Prevention Act;

(3) Administration of the Rhode Island Substance Abuse Prevention Act; and

(4) Any other matters relating to substance abuse prevention efforts in the state.

SECTION 15. Section 16-41-3 of the General Laws in Chapter 16-41 entitled "New England Higher Education Compact" is hereby amended to read as follows:

16-41-3. Rhode Island board members -- Qualifications -- (a) The authority shall appoint four (4) resident members from Rhode Island who shall serve in accordance with article II of the compact. The authority shall appoint the members as follows: one member to serve until the first day of June, 1980, one member to serve until the first day of June, 1981, and two (2) members to serve until the first day of June, 1982, and all members shall serve until their successors are appointed and qualified. In the month of May 1980 and in the month of May in each year thereafter, the authority shall appoint successors to those members of the compact whose terms shall expire in that year, to hold office on the first day of June in the year of appointment and until the first day of June in the third year after their respective successors are appointed and qualified.

(b) The majority leader president of the senate shall appoint two (2) members of the senate to serve in accordance with article II for the member's legislative term.

(c) The speaker of the house shall appoint two (2) members of the house to serve in accordance with article II for the member's legislative term.

(d) Any vacancy of a member which shall occur in the commission shall be filled by the appointing authority for the remainder of the unexpired term. All members shall serve without compensation but shall be entitled to receive reimbursement for reasonable and necessary expenses actually incurred in the performance of their duties.

SECTION 16. Section 16-58-3 of the General Laws in Chapter 16-58 entitled "Adult Education Commission" is hereby amended to read as follows:

16-58-3. Composition of commission -- The commission shall be composed of thirty-two (32) members, as follows:

(1) Fourteen (14) members representing state officials, including three (3) members of the state senate, not more than two (2) from the same political party, who shall be nominated by the majority leader president of the senate; and three (3) members of the state house of representatives, not more than two (2) from the same political party, who shall be nominated by the speaker of the house; and one member of the board of regents for elementary and secondary education, who shall be nominated by the chairperson of the board; the commissioner of higher education, or his or her designee; and one member of the human resource investment council appointed by the chairperson; and five (5) members who shall be the directors or the director's designee of each of the following: (1) the department of labor and training; (2) the economic development corporation; (3) the department of health; (4) the department of human services; and (5) the department of library services.

(2) Nine (9) members representing the adult education profession, including the commissioner of elementary and secondary education, or his or her designee; and seven (7) other professionals; two (2) program administrators or teachers who shall be nominated by the executive board of the adult education association of Rhode Island, with not less than five (5) years experience in local adult education programs; five (5) program administrators or teachers nominated by the Rhode Island adult literacy council, including one representative from each of the following program areas: (i) English as a second language program; (ii) vocational literacy program; (iii) G.E.D. Preparation program; (iv) basic reading and literacy program; (v) family literacy program; and one (1) member designated by the Rhode Island literary resource center.

(3) Nine (9) members from local cities and towns appointed by the governor, including one member of a school committee from a city or town which has an active adult education program appointed by the executive committee of the Rhode Island association of school committees, one representative of the Rhode Island school superintendents' association, to be nominated by the executive committee of the association; two (2) representatives of business or industry; one representative of organized labor; three (3) persons who have received, or are receiving, adult education services; and one member representing a public library from a city or town with an active adult education program.

(4) It is hereby recognized that the policy of the commission shall be to facilitate and insure, to the fullest extent possible, that adult education will provide adult Rhode Islanders the educational opportunities to achieve their fullest potential as community members, workers, parents, and productive citizens.

SECTION 17. Section 16-66-6 of the General Laws in Chapter 16-66 entitled "The Rhode Island School Staff Institute" is hereby amended to read as follows:

16-66-6. Advisory board -- (a) The school staff institute advisory board is hereby created, consisting of the following seventeen (17) members: eight (8) school teachers, four (4) to be appointed by the president of the Rhode Island federation of teachers and four (4) to be appointed by the president of the national education association of Rhode Island; one superintendent of schools, to be appointed by the president of the Rhode Island association of school superintendents; one school principal, to be appointed by the president of the Rhode Island association of school principals; one school committee member, to be appointed by the president of the Rhode Island association of school committees; three (3) higher education representatives, one to be appointed by the commissioner of higher education in consultation with the president of the University of Rhode Island, one to be appointed by the commissioner of higher education in consultation with the president of Rhode Island College, and one representing a nonpublic institution of higher education and appointed by the commissioner of elementary and secondary education in consultation with the commissioner of higher education; one public member to be appointed by the commissioner of elementary and secondary education; one member of the house of representatives, to be appointed by the speaker of the house; and one member of the senate, to be appointed by the majority leader president of the senate. The house and senate appointees shall be nonvoting members of the advisory board.

(b) With the exception of the house and senate members, the members of the advisory board shall serve two (2) year terms, the first term commencing July 1, 1985, and ending June 30, 1987, or until such time as their successors shall be appointed. The house and senate members shall serve at the pleasure of the appointing authority.

(c) The advisory board shall organize itself at a meeting called by the speaker of the house in July of each odd numbered year, commencing in 1985.

(d) Members of the advisory board shall receive no compensation.

(e) The advisory board shall elect a chairperson and such other officers as it deems appropriate.

(f) The advisory board will review and make recommendations to the commissioner of elementary and secondary education relative to all aspects of the Rhode Island school staff institute including, but not limited to, implementation and delivery of services and funding, program approvals and denials, fiscal data, evaluation, and dissemination.

(g) The advisory board shall submit a report on the institute to the general assembly in January of each year; this report shall include but not be limited to recommendations regarding institute funding for the next fiscal year.

SECTION 18. Section 16-79-2 of the General Laws in Chapter 16-79 entitled "Education Funding Plan" is hereby amended to read as follows:

16-79-2. Education funding plan -- (A) A special joint commission consisting of (10) ten members of the general assembly is hereby established. The Speaker of the House and Senate Majority Leader President of the Senate shall each appoint five members to the special joint commission. There shall be majority and minority party representation on the commission from each chamber. The special joint commission shall prepare and submit no later than January 15, 1997 to the General Assembly an education funding plan (hereinafter referred to as the "Funding Plan"). An interim report on the development of the Funding Plan shall be submitted no later than November 30, 1996. The Department of Elementary and Secondary Education shall provide all necessary support to the special joint commission.

(B) The Funding Plan shall include a formula for the distribution of state aid to education which:

(i) Distributes aid on the basis of actual student needs in addition to a core educational program.

(ii) Includes per pupil cost factors such as, pupil-teacher ratios, teacher and staff compensation, technology investments, educational supplies, teacher training and professional development, those special costs associated with providing education to economically disadvantaged children and children with other special needs and others the commission deems necessary.

(iii) Incorporates per pupil costs based on the lowest cost necessary to achieve efficiency and effectiveness.

(iv) Includes a transitional funding plan which provides each municipality and regional school district no less State school aid in fiscal years 1998 through fiscal year 2000 than it received in fiscal year 1997.

(v) Assumes that the municipal share of funding elementary and secondary education is based upon a minimum education property tax levy to support educational programs. No municipality which levies the minimum educational property tax levy and has maintained local effort shall be required to levy additional property taxes to provide for the support and management of elementary and secondary education. Revenue raised in a municipality shall remain in the municipality and not be used for redistribution to other districts.

Municipalities which experience changes in enrollments, are unique due to their size, and/or geographic characteristics, and which by objective criteria are found to provide local support adequate to meet student needs may be exempt from the need to levy the minimum educational property tax levy or meet the maintenance of effort provision.

(vi) Does not prohibit a community from exceeding the minimum property tax levy to reflect its own assessment of local needs.

(vii) Maintains the State School Housing Aid Program (sections 16-7-35 to 16-7-47) as a separate program.

SECTION 19. Section 17-9.1-31 of the General Laws in Chapter 17-9.1 entitled "Registration of Voters" is hereby amended to read as follows:

17-9.1-31. Voter registration advisory board -- (a) The state board of elections shall establish a voter registration advisory board, subsequently referred to as the advisory board, to assist in the drafting of regulations and the monitoring of implementation of the National Voter Registration Act of 1993, 42 U.S.C. section 1973gg et seq., and to help recruit and train the volunteer registrars. The advisory board shall issue an annual report to the state board, governor, and general assembly on its activities.

(b) The advisory board shall consist of eighteen (18) members. The governor shall appoint one member from the League of Women Voters, one member of the Urban League, one member of Common Cause, one member of Ocean State Action, one member of the National Association for the Advancement of Colored People, one member of the R.I. Black Caucus of State Legislators, and one representative of a state employees' union. The speaker of the house shall appoint two (2) members, not more than one from the majority party. The majority leader president of the senate shall appoint two (2) members, not more than one from the majority party. In addition, the following shall be members: the secretary of state or his or her designee; the directors or their designees of the division of motor vehicles, the department of human services, the department of health, and the department of mental health, retardation, and hospitals; and the chairpersons or their designees of the governor's commission on disabilities and the governor's commission on hispanic affairs. The members shall annually elect a chairperson and other officers as are necessary.

(c) Of the number of members originally appointed under this section, one-third ( 1/3) shall be appointed for a term of one year to be chosen by lot; one-third ( 1/3) shall be appointed for a term of two (2) years, to be chosen by lot; and one-third ( 1/3) shall be appointed for a term of three (3) years, to be chosen by lot. Thereafter, vacancies created by expiration of terms shall be filled with appointments for terms of three (3) years. Members whose terms expire may be reappointed to succeed themselves. The members of the advisory board shall receive no compensation for their services, but may, at the discretion of the governor, be reimbursed for traveling and other expenses actually incurred in the performance of their official duties.

SECTION 20. Section 19-1-2 of the General Laws in Chapter 19-1 entitled "Definitions and Establishment of Financial Institutions" is hereby amended to read as follows:

19-1-2. Board of bank incorporation -- (a) The director or his or her designee, the general treasurer or his or her designee, the attorney general or his or her designee, one member of the house of representatives, to be appointed by the speaker, and one member of the senate, to be appointed by the majority leader, president of the senate, shall constitute a board of bank incorporation, a public policy appellate board established to consider appeals from a decision of the director or the director's designee concerning major banking matters which affect the citizens and tax base of the state and to exercise the powers and perform the duties conferred or imposed upon it by this title. Three (3) members of the board of bank incorporation shall constitute a quorum for the transaction of business.

(b) The board of bank incorporation may adopt, and amend from time to time, rules and regulations for the orderly conduct of its affairs and for the administration of its duties pursuant to this title. The board of bank incorporation shall collect a filing fee with respect to applications submitted to it. All fees pursuant to this section shall be paid to the director, to and for the use of the board of bank incorporation. The fees to be charged for each type of application shall be established annually at the board of bank incorporation's first public hearing. The board of bank incorporation shall publish notice of its proposed fee structure at least once a week for three (3) successive weeks in a newspaper of general circulation.

SECTION 21. Sections 21-27.1-3 and 22-6-2.2 of the General Laws in Chapter 21-27.1 entitled "Plastic Recycling and Litter Act" are hereby amended to read as follows:

21-27.1-3. Plastic recycling and litter commission -- (a) There is hereby created a permanent commission consisting of thirteen (13) members: one of whom shall be the director of the department of environmental management or his or her designee, who shall act as chairperson of the commission; one of whom shall be the director of the solid waste management corporation or his or her designee; one of whom shall be the chairperson of the source reduction task force or his or her designee; one of whom shall be a state senator appointed by the senate majority leader; president of the senate; one of whom shall be a state representative appointed by the speaker; one of whom shall be a representative of the plastic packaging industry, appointed by the governor; one of whom shall be a distributor of plastic/foam food service products, appointed by the lieutenant governor; one of whom shall be a retailer who sells plastic/foam food service products, appointed by the senate majority leader; president of the senate; one of whom shall be a fast food service representative or owner, appointed by the speaker; one of whom shall be a representative of a hospital or hospital organization, appointed by the governor; two (2) of whom shall be representatives of environmental groups involved with litter issues; one of whom shall be appointed by the lieutenant governor and the other appointed by the senate majority leader; president of the senate; one of whom shall be a representative from an educational institution food service, appointed by the speaker.

(b) The purpose of the commission shall be to produce a plan which shall be submitted to the governor and the general assembly on or before January 1, 1991, which plan will provide for the maximum recycling of plastic and foam food service products. For those products which cannot be recycled, the commission will develop guidelines for the use of photodegradable and biodegradable products wherever feasible. These guidelines would take effect January 1, 1992.

(c) The commission shall continue thereafter to monitor the plan and guidelines and study and update its findings and recommendations on a continuing basis.

SECTION 22. Section 22-3-20 of the General Laws in Chapter 22-3 entitled "Organization of General Assembly" is hereby amended to read as follows:

22-3-20. Resolutions of congratulations and condolence during adjournment -- The speaker of the house of representatives or the majority leader president of the senate may approve a resolution of congratulations or condolence which resolution may be submitted during a period of adjournment of the general assembly. Each legislator shall be allowed no more than a total of twenty-five (25) of these resolutions annually.

SECTION 23. Section 22-6-2.1 and 22-6-2.2 of the General Laws in Chapter 22-6 entitled "Committees and Staff" are hereby amended to read as follows:

22-6-2.1. Subpoena power -- The standing committees of the house of representatives as established by the rules of the house of representatives and the standing committees of the senate as established by the rules of the senate shall in the performance of their duties have the power upon majority vote of the committee members present and with the written approval of the speaker for committees of the house and with the written approval of the majority leader president of the senate for committees of the senate to issue witness subpoenas, subpoenas duces tecum, and orders for the production of books, accounts, papers, records, and documents which shall be signed and issued by the chairperson of the committee, or a person serving in his or her capacity, and shall be returnable to the chairperson. All such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are now served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as now provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before the committee fails to obey the command of the subpoena without reasonable cause, or refuses to be sworn, or to be examined, or to answer a legal and pertinent question, or if any person shall refuse to produce books, accounts, papers, records, and documents material to the issue, set forth in an order duly served on that person, the committee by majority vote of the committee members present may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing the person to show cause before the justice who made the order or any other justice described above why he or she should not be adjudged in contempt. Upon the return of such orders the justice before whom the matter is brought on for hearing shall examine under oath that person, and the person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records, and documents material to the issue which he or she was ordered to bring or produce, the justice may forthwith commit the offender to the adult correctional institution, there to remain until he or she submits to do the act which he or she was so required to do, or is discharged according to law.

22-6-2.2. Immunity of witnesses in impeachment proceedings -- (a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding in connection with any resolution of impeachment or impeachment trial before either house of the general assembly, or any committee, or any subcommittee of either house, the presiding justice of the superior court shall issue, in accordance with subsections (b) and (c) of this section, upon the request of a duly authorized representative of the house of the general assembly or the committee concerned, an order requiring that individual to give testimony or provide other information which he or she refuses to give or provide on the basis of the privilege against self-incrimination.

(b) Before issuing an order under subsection (a) of this section, the presiding justice shall find that:

(1) In the case of a proceeding before either house of the general assembly, the request for such an order has been approved by an affirmative vote of a majority of the members present of that house;

(2) In the case of a proceeding before a committee or a subcommittee of either house of the general assembly, the request for such an order has been approved by an affirmative vote of two-thirds ( 2/3) of the members of the full committee and obtained the written approval of the speaker, for committees of the house, or written approval of the majority leader, president of the senate, for committees of the senate; and

(3) Five (5) days or more prior to the day on which the request for such an order was made, the attorney general was served with notice of an intention to request the order.

(c) The presiding justice, after notice to the witness, shall order the witness to answer all questions put to him or her or produce the evidence. The witness may not refuse to comply with the order on the basis of his or her privilege against self-incrimination; but the witness shall not be prosecuted or subjected to penalty or forfeiture for, or on account of, any transaction or matter regarding which, in accordance with the order, the witness gave answer or produced evidence and no testimony or other information compelled under the order or any information directly or indirectly derived from such testimony or other information shall be used against the witness in any criminal case, except he or she may be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer, or in producing or failing to produce evidence, in accordance with the order.

SECTION 24. Section 22-7-1 of the General Laws in Chapter 22-7 entitled "Joint Committee on Accounts and Claims" is hereby amended to read as follows:

22-7-1. Permanent committee -- Composition -- The joint committee on accounts and claims, heretofore created under joint rules of the senate and the house of representatives, shall consist of four (4) members of the senate to be appointed by the majority leader president of the senate and five (5) members of the house of representatives to be appointed by the speaker and is hereby created a permanent joint committee on accounts and claims of the general assembly. The members of this joint committee on accounts and claims shall serve until their successors shall be duly appointed as provided below and until the successors shall have been duly qualified.

SECTION 25. Section 22-7.1-1 of the General Laws in Chapter 22-7.1 entitled "Permanent Joint Committee on Water Resources" is hereby amended to read as follows:

22-7.1-1. Permanent committee -- Composition -- There is hereby created a permanent joint committee of the general assembly on water resources to consist of seven (7) members of the general assembly, four (4) of whom shall be from the house of representatives to be appointed by the speaker, not more than three (3) of whom shall be from the same political party; three (3) of whom shall be from the senate to be appointed by the majority leader president of the senate, not more than two (2) of whom shall be from the same political party. Vacancies shall be filled in like manner as the original appointments. The members of the joint committee on water resources shall serve so long as they shall remain members of the house from which they were appointed and until their successors are duly appointed and qualified.

SECTION 26. Section 22-7.2-1 of the General Laws in Chapter 22-7.2 entitled "Permanent Joint Committee on Highway Safety" is hereby amended to read as follows:

22-7.2-1. Permanent committee -- Composition -- There is hereby created a permanent joint committee of the general assembly on highway safety to consist of eleven (11) members of the general assembly, six (6) of whom shall be from the house of representatives to be appointed by the speaker, not more than four (4) of whom shall be from the same political party; five (5) of whom shall be from the senate, to be appointed by the majority leader president of the senate, not more than three (3) of whom shall be from the same political party. Vacancies shall be filled in like manner as the original appointments. The members of the joint committee on highway safety shall serve so long as they shall remain members of the house from which they were appointed and until their successors are duly appointed and qualified.

SECTION 27. Section 22-7.3-1 of the General Laws in Chapter 22-7.3 entitled "Permanent Joint Committee on Environment and Energy" is hereby amended to read as follows:

22-7.3-1. Permanent committee -- Composition -- There is hereby created a permanent joint committee of the general assembly on environment and energy to consist of eleven (11) members of the general assembly, six (6) of whom shall be from the house of representatives to be appointed by the speaker, not more than four (4) of whom shall be from the same political party; five (5) of whom shall be from the senate to be appointed by the majority leader president of the senate, not more than three (3) of whom shall be from the same political party. Vacancies shall be filled in like manner as the original appointments. The members of the joint committee on environment and energy shall serve so long as they shall remain members of the house from which they were appointed and until their successors are duly appointed and qualified.

SECTION 28. Section 22-7.4-1 of the General Laws in Chapter 22-7.4 entitled "Permanent Joint Committee on Naming All New Buildings, Bridges, Edifices and Other State Constructions" is hereby amended to read as follows:

22-7.4-1. Permanent committee -- Composition -- There is hereby created a permanent joint committee of the general assembly on naming all new buildings, bridges, edifices, and other state constructions to consist of seven (7) members of the general assembly, four (4) of whom shall be from the house of representatives to be appointed by the speaker, not more than three (3) of whom shall be from the same political party; three (3) of whom shall be from the senate to be appointed by the majority leader president of the senate, not more than two (2) of whom shall be from the same political party. Vacancies shall be filled in like manner as the original appointments. The members of the joint committee on naming all new buildings, bridges, edifices, and other state constructions shall serve so long as they shall remain members of the house from which they were appointed and until their successors are duly appointed and qualified.

SECTION 29. Sections 22-7.6-2 and 22-7.6-3 of the General Laws in Chapter 22-7.6 entitled "Permanent Joint Committee on Small Business" are hereby amended to read as follows:

22-7.6-2. Permanent committee -- Composition -- There is hereby created a permanent joint committee of the general assembly on small business to consist of eleven (11) members of the general assembly, five (5) of whom shall be from the senate to be appointed by the majority leader president of the senate, six (6) of whom shall be from the house of representatives to be appointed by the speaker of the house of representatives. The chairmanship of the committee shall alternate biannually from the house to the senate.

22-7.6-3. Selection of officers -- Upon organization of the joint committee, the majority leader president of the senate shall appoint the officers of the joint committee.

SECTION 30. Section 22-7.8-1 of the General Laws in Chapter 22-7.8 entitled "Permanent Joint Committee on Veterans' Affairs" is hereby amended to read as follows:

22-7.8-1. Permanent committee -- Composition -- There is hereby created a permanent joint committee of the general assembly on veterans' affairs to consist of fifteen (15) members of the general assembly eight (8) of whom shall be from the house of representatives to be appointed by the speaker, not more than five (5) of whom shall be from the same political party; seven (7) of whom shall be from the senate to be appointed by the majority leader president of the senate, not more than five (5) of whom shall be from the same political party. Vacancies shall be filled in like manner as the original appointments. The members of the joint committee on veterans' affairs shall serve so long as they shall remain members of the house from which they were appointed and until their successors are duly appointed and qualified. The initial chairmanship of the committee shall be filled from among the members of the house of representatives serving on the committee and thereafter the chairmanship shall alternate biennially from the senate to the house.

SECTION 31. Section 22-8-2 of the General Laws in Chapter 22-8 entitled "Legislative Council" is hereby amended to read as follows:

22-8-2. Composition -- Appointment of members -- The legislative council shall consist of three (3) senators and four (4) representatives. At the January session of the general assembly in each odd-numbered year the majority leader president of the senate shall designate three (3) senators, not more than two (2) of whom shall be members of the same political party, and the speaker of the house shall designate four (4) members of the house of representatives, not more than three (3) of whom shall be members of the same political party, to serve as legislative councilors.

SECTION 32. Sections 22-11-1 and 22-11-2 of the General Laws in Chapter 22-11 entitled "Joint Committee on Legislative Services" are hereby amended to read as follows:

22-11-1. Permanent committee -- Composition -- There is hereby created a permanent joint committee on legislative services consisting of the majority and minority leaders from president and the minority leader of the senate, the majority and minority leaders from the house of representatives, and the speaker of the house of representatives. The members of the committee shall serve until their successors have been duly elected and qualified.

22-11-2. Officers -- The speaker of the house of representatives shall serve as chairperson of the joint committee and the majority leader president of the senate shall serve as vice-chairperson.

SECTION 33. Section 22-13-4 of the General Laws in Chapter 22-13 entitled "Auditor General" is hereby amended to read as follows:

22-13-4. Definitions -- Duties of auditor general -- Investigations by committee -- (a) The following words and phrases have the following meanings unless a different meaning is required by the context:

(1) "Performance audit" means an examination of the effectiveness of administration and its efficiency and adequacy in terms of the program of the state agency authorized by law to be performed. The "performance audit" may also include a review of the agency in terms of compliance with federal and state laws and executive orders relating to equal employment opportunities and the set aside for minority businesses.

(2) "Political subdivision" means a separate agency or unit of local government created or established by law and includes, but is not limited to, the following and the officers thereof: authority, board, branch, bureau, city, commission, council, consolidated government, county, department, district, institution, metropolitan government, municipality, office, officer, public corporation, town, or village.

(3) "Postaudit" means an audit made at some point after the completion of a transaction or a group of transactions.

(4) "State agency" means a separate agency or unit of state government created or established by law and includes, but is not limited to, the following and the officers thereof: authority, board, branch, bureau, commission, council, department, division, institution, office, officer, or public corporation, as the case may be, except any such agency or unit within the legislative branch of state government.

(b) The auditor general shall make postaudits and performance audits of public records and perform related duties as prescribed by the committee. He or she shall perform his or her duties independently but under the general policies established by the committee.

(c) (1) The auditor general shall have the power and duty to make postaudits and performance audits of the accounts and records of all state agencies, including the board of governors for higher education and the board of regents for elementary and secondary education, as defined in this section.

(2) The auditor general shall have the power, when requested by a majority of the committee, to make postaudits and performance audits of accounts and records of any other public body or political subdivision, or any association or corporation created or established by any general or special law of the general assembly, or any person, association, or corporation to which monies of the state have been appropriated by the general assembly. However, nothing in the subdivision shall be construed to apply to public utilities.

(3) The auditor general shall perform or have performed annually a complete postaudit of the financial transactions and accounts of the state when approved by the chairman of the joint committee on legislative services.

(d) The committee may at any time, without regard to whether the legislature is then in session or out of session, take under investigation any matter within the scope of an audit either completed or then being conducted by the auditor general, and in connection with that investigation may exercise the powers of subpoena by law vested in a standing committee of the legislature.

(e) (1) The auditor general may, when directed by the committee, designate and direct any auditor employed by him or her to audit any accounts or records within the power of the auditor general to audit. The auditor shall report his or her findings for review by the auditor general, who shall prepare the audit report.

(2) The audit report shall make special mention of:

(A) Any violation of the laws within the scope of the audit; and

(B) Any illegal or improper expenditure, any improper accounting procedures, all failures to properly record financial transactions, and all other inaccuracies, irregularities, shortages, and defalcations.

(3) At the conclusion of the audit, the auditor general or his or her designated representative will conduct an exit conference with the official whose office or department is subject to audit and submit to him or her a draft report which includes a list of findings and recommendations. If an official is not available for the exit conference, delivery of the draft report is presumed to be sufficient notice. The official must submit to the auditor general within sixty (60) days after the receipt of the draft report his or her written reply as to:

(A) Acceptance and plan of implementation of each recommendation;

(B) Reason(s) for non-acceptance of a recommendation.

(4) Should the auditor general determine that the written explanation or rebuttal of the official whose office is subject to audit is unsatisfactory, he or she shall, as soon as practicable, report his or her findings to the joint committee on legislative services.

(f) A copy of the audit report shall be submitted to each member of the committee.

(g) If the auditor general discovers any errors, unusual practices, or any other discrepancies in connection with his or her audit or postaudit of a state agency or state officers, the audit general shall, as soon as practicable, notify in writing the majority leader president of the senate and the speaker of the house of representatives, respectively.

(h) The auditor general shall annually review the capital development program to determine:

(1) The status of all projects included in the program;

(2) Whether the funds are being properly expended for their intended purposes;

(3) The completion date or projected completion date of the projects;

(4) Which projects require professional services and to determine the identity of individuals or firms so appointed; and

(5) The expended and unexpended funds.

This report shall be submitted to the general assembly on the first Wednesday in February annually.

SECTION 34. Section 22-14-1 of the General Laws in Chapter 22-14 entitled "Legislative Oversight Commission" is hereby amended to read as follows:

22-14-1. Establishment -- Purpose -- Membership -- Compensation -- (a) There is hereby established an oversight commission empowered to conduct evaluations and reviews of statutes, statutory entities, and associated rules and regulations. The review or evaluation shall include, but not be limited to, the following as its objectives:

(1) The elimination of inactive entities or statutes;

(2) The elimination of entities or statutes which duplicate other entities or statutes or other governmental programs and activities or determination of an appropriate consolidation for such duplicate entities, statutes, or governmental programs and activities;

(3) The elimination or modification of inefficient, unnecessary, or ineffective entities or statutes; and

(4) The determination of the impact of rules and regulations promulgated by any entity.

(b) The commission shall consist of fourteen (14) members all of whom shall be citizens and residents of this state; four (4) of whom shall be members of the house of representatives, not more than three (3) from the same political party, to be appointed by the speaker; three (3) of whom shall be members of the senate, not more than two (2) from the same political party, to be appointed by the majority leader; president of the senate; one of whom shall be the director of administration; four (4) of whom shall be members of the general public to be appointed by the governor; one of whom shall be the fiscal assistant to the house finance committee; and one of whom shall be the auditor general.

(c) The public members shall be appointed for terms of three (3) years except for the two (2) members originally appointed; one shall be appointed for a term of one year and one shall be appointed for a term of two (2) years.

(d) The legislative members shall serve a term of two (2) years. The members shall annually elect one of them as chairperson of the commission.

(e) Any vacancy on the commission, occurring for any reason prior to the expiration of the term, including but not limited to termination of active membership in the general assembly, shall be filled for the unexpired term by the appointing authority in the same manner as the original appointment.

(f) Any member of the commission may, for cause, be summarily removed from office by the appointing authority, which removal shall be subject to judicial review by the superior court, and pending such review the member shall not carry out any duties as a commission member.

(g) The director of administration, the fiscal assistant to the house finance committee, and the auditor general respectively may designate a person to represent them at all commission meetings.

(h) The members of the commission, except those members from the general public, shall receive no salaries but shall be allowed reasonable expenses in the performance of their official duties.

(i) The members from the general public shall receive the sum of fifty dollars ($50.00) per meeting not to exceed the sum of two thousand dollars ($2,000) per year.

SECTION 35. Section 22-14.1-1 of the General Laws in Chapter 22-14.1 entitled "Legislative Oversight Commission for Consulting Contracts" is hereby amended to read as follows:

22-14.1-1. Establishment -- Purpose -- Membership -- Compensation -- (a) There is hereby established an oversight commission empowered to conduct evaluations and reviews of any and all consulting contracts entered into by and or on behalf of the state or any subdivisions or entities thereof. The reviews and evaluations shall include, but not be limited to, the following as objectives:

(1) the elimination of duplicative, inefficient, unnecessary or ineffective use of outside consulting contracts by different portions of government;

(2) the efficient use of outside consultants by the state;

(3) to promote uniformity in the administration of various programs which require the use of outside consultants.

(b) The commission shall consist of seven (7) members: three (3) of whom shall be members of the house finance committee of the house of representatives, two (2) of whom shall be appointed by the speaker and one (1) of whom shall be appointed by the minority leader; three (3) of whom shall be members of the senate finance committee of the senate, two (2) of whom shall be appointed by the majority leader president of the senate and one (1) of whom shall be appointed by the minority leader, and one (1) of whom shall be the auditor general, or his designee.

(c) The legislative members shall serve a term of two (2) years. The members shall annually elect on (1) of them as chairperson of the commission.

(d) Any vacancy on the commission, occurring for any reason prior to the expiration of the term, including but not limited to termination of active membership in the general assembly, shall be filled for the unexpired term by the appointing authority in the same manner as the original appointment.

(e) Any member of the commission may, for cause, be summarily removed from office by the appointing authority, which removal shall be subject to judicial review by the superior court, and pending such review the member shall not carry out any duties as a commission member.

(f) The members of the commission shall receive no salaries but shall be allowed reasonable expenses in the performance of their official duties.

SECTION 36. Section 22-17-2 of the General Laws in Chapter 22-17 entitled "Commission on Vehicle Emissions" is hereby amended to read as follows:

22-17-2. Establishment -- Purpose -- Membership -- (a) There is hereby established a commission on vehicle emissions empowered to study and investigate the adverse effect on air quality of vehicle emissions. The study and investigation shall include, but not be limited to, the following:

(1) The state's current system of testing auto emissions, including the technical and administrative needs for improving that system;

(2) The quantity and quality of service stations now performing the testing services;

(3) Enforcement efforts under the current testing system;

(4) The feasibility of tying motor vehicle registrations to emissions testing;

(5) Compensation of service stations performing the testing service;

(6) The feasibility of adopting and improving upon the emissions checks systems used in other states and the costs thereof.

(b) The commission shall consist of seventeen (17) members all of whom shall be citizens and residents of the state; four (4) of whom shall be members of the house of representatives, not more than three (3) from the same political party, to be appointed by the speaker; three (3) of whom shall be members of the senate, not more than two (2) from the same political party, to be appointed by the majority leader president of the senate; two (2) of whom shall be members of nonprofit organizations dealing with air pollution and/or health issues, one to be appointed by the speaker of the house and one to be appointed by the senate majority leader; president of the senate; one member of a service station organization to be appointed by the speaker of the house; one member of an automobile dealers organization to be appointed by the speaker of the house; one person from higher education to be appointed by the senate majority leader; president of the senate; the director of the department of transportation, or his or her designee; the director of the department of health or his or her designee; the director of the department of environmental management, or his or her designee; the superintendent of state police, or his or her designee; and the attorney general, or his or her designee.

(c) The legislative members shall serve so long as they shall remain members of the house from which they were appointed and until their successors are appointed and qualified; the directors of the department of transportation, health and environmental management, the superintendent of state police and the attorney general shall serve so long as they hold office and until their successors are appointed and qualified; all other members shall serve at the pleasure of the appointing authority and until their successors are appointed and qualified.

(d) Any vacancy on the commission shall be filled by the appointing authority in the same manner as the original appointment.

(e) The members shall annually elect, by majority vote, one of their members as chairperson, one of their members as vice-chairperson and one of their members as secretary.

SECTION 37. Section 22-18-1 of the General Laws in Chapter 22-18 entitled "Commission on Fire Safety Issues" is hereby amended to read as follows:

22-18-1. Establishment of commission on fire safety issues -- Purpose -- Membership -- (a) There is hereby established a commission on fire safety issued to study and investigate fire safety and related issued in this state. The study and investigation shall include, but not be limited to, the following:

(1) The need for, and possible location of and means of both acquiring and developing, a permanent site for the state fire academy; and

(2) Means and methods of community outreach for fire safety programs and related fire safety education.

(b) The commission shall consist of nineteen (19) members, all of whom shall be citizens and residents of the state: four (4) of whom shall be members of the house of representatives, not more than three (3) from the same political party, to be appointed by the speaker of the house; four (4) of whom shall be members of the senate, not more then three (3) from the same political party, to be appointed by the majority leader; president of the senate; two (2) of whom shall be representatives from the insurance industry, one member to be appointed by the speaker of the house and one to be appointed by the senate majority leader; president of the senate; one of whom shall be from the fire chief's association to be appointed by the speaker of the house; one member from the state fire academy to be appointed by the speaker of the house; the state fire marshal or his or her designee; two (2) members from the state association of firefighters possessing the qualifications found in subsection (c) below to be appointed by the speaker of the house; one member who shall be a full-time fire chief of department from a department with more than one hundred (100) members, possessing the qualifications found in subsection (c) below to be appointed by the speaker of the house; one member who shall be a full-time fire chief of a department from a department with one hundred (100) members or less, possessing the qualifications found in subsection (c) below to be appointed by the speaker of the house; one member who shall be a volunteer fire chief of a department to be appointed by the speaker of the house; and one member from the governor's office to be appointed by the governor.

(c) Those non-legislative members of the commission required under subsection (b) to have certain qualifications pursuant to this subsection shall possess the following minimum qualifications:

(1) Be a state certified NFPA 1041 instructor; or

(2) Be a specialty and/or adjunct instructor, at the college level, in any fire service discipline.

(d) The legislative members shall serve so long as they shall remain members of the house from which they were appointed and until their successors are appointed and qualified; the state fire marshal shall serve so long as he or she holds office and until a successor is appointed and qualified; all other members shall serve at the pleasure of the appointing authority and until their successors are appointed and qualified.

(e) Any vacancy on the commission shall be filled by the appointing authority in the same manner as the original appointment.

(f) The members shall annually elect, by majority vote, one of their members as chairperson, one of their members as vice-chairperson and one of their members as secretary.

(g) The commission shall from time to time and at least annually report to the general assembly and the governor on its findings and the result of its studies and make such recommendations to the general assembly and propose such legislation or initiate such studies as it shall deem advisable. The first such report shall be made prior to May 1, 2000.

SECTION 38. Section 23-1.8-1 of the General Laws in Chapter 23-1.8 entitled "Commission on the Deaf and Hard of Hearing" is hereby amended to read as follows:

23-1.8-1. Purpose -- Creation of commission -- (a) In view of the barriers and disadvantages which deafness and hearing impairments impose on those individuals so affected, and in view of the testimony on deafness received by a legislative study commission, it is hereby proposed that a permanent Rhode Island commission of the deaf and hard-of-hearing be established. This commission shall be composed as follows: a nine (9) member commission, seven (7) of whom are appointed by the governor, one representative appointed by the speaker of the house and one senator appointed by the senate majority leader. president of the senate. Four (4) of the governor's appointments shall be initially appointed for a term to expire July 1, 1995 and three (3) members shall be appointed for a term to expire July 1, 1994. Thereafter the commissioners shall serve staggered two-year terms, each member serving until his or her successor is appointed. These commissioners shall be responsible for the establishment of policies and the appointment of an executive director who shall be in the unclassified service and other staff as are needed and for whom appropriations are available. They shall meet not less than four (4) times per year, and shall not be paid for their services, except for reimbursement of expenses incurred by their service. The commissioners may elect their own officers.

(b) The members appointed by the governor shall include two (2) individuals who are deaf, two (2) who are hard-of-hearing, two (2) who are hearing and one who is either deaf or hard-of-hearing. Commission members shall select their own chairperson. Five (5) members shall constitute a quorum.

SECTION 39. Section 23-4.1-15 of the General Laws in Chapter 23-4.1 entitled "Emergency Medical Transportation Services" is hereby amended to read as follows:

23-4.1-15. Trauma systems -- There is hereby established within the department of health a trauma system advisory committee. The committee, appointed by the director, shall include representatives of the following groups: consumers, third-party payers, emergency medical technicians, hospitals, physicians, nurses, the hospital association of Rhode Island, the department of health, the ambulance service advisory board, emergency medical service providers, and the Rhode Island medical society. Each nonprofit hospital with an emergency medical service shall have a representative appointed by its president. In addition, there shall be two (2) members of the house of representatives appointed by the speaker, one of whom shall be a member of the minority party, and two (2) members of the senate appointed by the senate majority leader, president of the senate; one of whom shall be a member of the minority party. Subject to the limitations of existing data and other resources, the committee shall undertake a thorough examination of all aspects of the state's trauma system, including: a review of the current utilization of trauma services for each acute care hospital; a review of each hospital's trauma patient mix and mortality and morbidity rates for classes of patients; hospital staffing patterns and likely future needs; the current financing of trauma care including the issue of uncompensated care and an examination of additional costs for system enhancement; and prehospital care protocols and emergency medical services' capabilities and integration needs.

SECTION 40. Section 23-6-24 of the General Laws in Chapter 23-6 entitled "Prevention and Suppression of Contagious Diseases" is hereby amended to read as follows:

23-6-24. Insurance exemption -- (a) Life insurance.. - Sections 23-6-10 -- 23-6-23 do not apply to the offering or sale of life insurance in Rhode Island; provided, however, that any insurance company offering or selling life insurance within Rhode Island that requires an individual to be tested for infection with human immunodeficiency virus (HIV) or any other identified causative agent of HIV for purposes of determining insurability shall: (1) give that individual prior written notice of those requirements, and (2) proceed with that testing only upon the written authorization of the individual or in the event the individual is a minor, the individual's parent or guardian. Notwithstanding anything in sections 23-6-10 -- 23-6-23 to the contrary, life insurance companies offering or selling life insurance in Rhode Island may otherwise obtain or disclose HIV test results in accordance with section 23-6-17(3). Nothing in this chapter prohibits that company from collecting data for statistical purposes, so long as the insured is not identified. However, nothing in this section shall be construed to permit that insurance company to cancel or refuse to renew a life insurance policy which by its terms has not lapsed on the basis of a positive HIV test result.

(b) Health benefits.. - (1) "Health benefits" include accident and sickness, including disability or health insurance, health benefit plans and/or policies, hospital, health, or medical service plans, or any health maintenance organization plan pursuant to title 27 or otherwise; the provisions of sections 23-6-10 -- 23-6-23 apply to the offer or sale of health benefits in this state by any company regulated under the laws of this state, including, but not limited to, title 27 and chapter 62 of title 42 provided, however, sections 23-6-10 -- 23-6-23 do not apply to the following:

(i) Individual health benefit policies;

(ii) Small group health benefits plans, i.e., groups having fewer than twenty-five (25) employees eligible to participate in an employer sponsored plan, or, in the case of non-employer groups, a group having fewer than twenty-five (25) employees;

(iii) Late entrants into any group health benefits plan, regardless of the size of the group. A late entrant shall be defined as any individual who does not enroll into a health plan when first eligible under the plan, but who later seeks coverage under the group plan;

(iv) Where an individual seeks to become eligible for an amount of group disability income benefit, which benefit would be in excess of the insurer's non-medical maximum as defined under the group plan.

(2) Any company offering or selling health benefits in this state and regulated under the laws of this state that requires an individual to be tested for infection with HIV or any other identified causative agent of HIV as permitted in paragraphs (1)(i) to (iv) for purposes of determining insurability shall: (i) give that individual prior written notice of those requirements, and (ii) proceed with that testing only upon the written authorization of the individual or in the event the individual is a minor, the individual's parent or guardian. Notwithstanding anything in this chapter to the contrary, companies offering or selling health benefits in this state may otherwise obtain or disclose HIV test results in accordance with section 23-6-17(3). Nothing in this chapter shall prohibit that company from collecting data for statistical purposes so long as the insured's name is not identified.

(3) Nothing in this chapter shall be construed to permit any company which offers or sells health benefits in this state to cancel or refuse to renew a health benefit, which has not by its terms lapsed, on the basis of a positive HIV test result.

(c) (1) There is established a commission to develop and recommend to the legislature a risk pool plan under which all insurers issuing health insurance in the state shall participate and share a proportion of the risk and cost of insuring people with HIV.

(2) The commission consists of eleven (11) members; three (3) of whom shall be members of the house of representatives, not more than two (2) from the same political party, to be appointed by the speaker of the house; two (2) of whom shall be members of the senate, not more than one of whom shall be from the same political party, to be appointed by the majority leader; president of the senate; one of whom shall be the director of the department of health, or his or her designee; one of whom shall be the director of the department of business regulation, or his or her designee; two (2) of whom shall be representatives of the insurance community, to be appointed by the governor; and two (2) of whom shall be representatives of AIDS project Rhode Island, to be appointed by the governor.

(3) The commission shall meet at the call of the speaker, and shall make its report to the legislature on or before February 1, 1989.

SECTION 41. Sections 23-7-4 and 23-7-5 of the General Laws in Chapter 23-7 entitled "Mosquito Abatement" are hereby amended to read as follows:

23-7-4. Membership of board -- The directors of the departments of health and environmental management, or their designees, shall be ex-officio members. The speaker of the house of representatives shall appoint one member of the house and the majority leader president of the senate shall appoint one member of the senate. The director of the department of environmental management shall appoint one professional agricultural chemist, one professional wildlife biologist, one professional entomologist, one medical doctor, one person representing an established conservation or environmental group within the state, and citizens representing any two (2) cities, towns, or subdivisions thereof, or districts, having regard, among other factors, to their qualifications, experience, and interest in effective mosquito control. Members of the board shall elect their own officers annually.

23-7-5. Appointments and terms -- On May 3, 1978, the director of environmental management shall appoint two (2) representatives from any city, town, or subdivision thereof, or district to serve on the board until October, 1979. Those representatives shall serve thereafter for a term of one year and shall be selected on a revolving basis. The speaker of the house of representatives and the senate majority leader president of the senate shall each appoint one member to serve until October, 1979. The director of environmental management shall appoint two (2) members to serve until October, 1980, two (2) members to serve until October, 1981, and three (3) members to serve until October, 1982. In the month of September, for every year thereafter, the director, speaker, or majority leader president of the senate shall appoint successors to the members of the board whose terms shall expire on that year. With the exception of the local representatives who shall serve for one year, all other board members shall hold office commencing on the first day of October for a three (3) year term and until their respective successors are appointed. Any vacancy which may occur in the board shall be filled by the director, speaker, or majority leader president of the senate for the remainder of the unexpired term. A member shall be eligible to succeed him or herself.

SECTION 42. Section 23-14.1-4 of the General Laws in Chapter 23-14.1 entitled "Health Professional Loan Repayment Program" is hereby amended to read as follows:

23-14.1-4. Health professional loan repayment board -- (a) There is hereby created the health professional loan repayment board, which shall consist of eleven (11) members and be constituted as follows: one health care consumer, to be appointed by the governor; one member of the Rhode Island medical society appointed by its president; the director of the Rhode Island health center association; one additional representative of the Rhode Island health center association or his/her designee, and appointed by its president; one member of the house of representatives appointed by the speaker; one member of the senate appointed by the majority leader; president of the senate; the dean of the Brown university medical school, or his/her designee; the dean of the college of nursing at the university of Rhode Island or his/her designee; the executive director of the hospital association of Rhode Island or his or her designee; the executive director of the Rhode Island higher education assistance authority, or his or her designee; and the director of health, or his or her designee. All members shall serve at the pleasure of the appointing authority and shall receive no compensation for their services.

(b) The director of health shall serve as chairperson. All meetings, shall be called by the chairperson.

SECTION 43. Section 23-17-13 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:

23-17-13. Health services council -- There shall be, and the same is hereby established, a health services council consisting of twenty-two (22) members, eight (8) of whom shall be appointed by the speaker of the house, one of whose appointments shall represent hospital service corporations, six (6) of whom shall be appointed by the majority leader president of the senate, one of whose appointments shall represent hospitals and a second of whose appointments shall represent the business community, and eight (8) of whom shall be appointed by the governor, one of whose appoints shall represent the state budget office and a second of whose appointment shall represent the department of human services. The governor shall appoint members of the council as follows: three (3) members to serve until the first day of March, 1970, two (2) members to serve until the first day of March, 1971, and two (2) members to serve until the first day of March, 1972, and all members shall serve until their successors are appointed and qualified. In the month of February, 1970, and in the month of February in each year thereafter, the governor shall appoint successors to the members of the council whose terms shall expire in such year, to hold office commencing on the first day of March in the year of appointment until the first day of March in the third year thereafter or until their respective successors are appointed and qualified. Legislative members shall serve until the end of their legislative term. Any vacancy of a member appointed which may occur in the commission shall be filled by appointment by the respective appointing authority for the remainder of the unexpired term. The council may also serve as an advisory council as authorized by section 23-16-3.

SECTION 44. Section 23-17.3-2 of the General Laws in Chapter 23-17.3 entitled "Long-term Care Coordinating Council" is hereby amended to read as follows:

23-17.3-2. Membership. [Effective until January 1, 2001.] -- The council shall be comprised of thirty-eight (38) members, as follows: the lieutenant governor or designee; the secretary of state or designee; the director of the department of health or designee; the director of the department of human services or designee; the director of the department of mental health, retardation, and hospitals or designee; the president of the Rhode Island chapter of AARP or designee; the attorney general or designee; the director of the department of elderly affairs or designee; the chair of the Rhode Island advisory commission on aging or designee; the director of the alliance for long-term care or designee; the president of the Rhode Island senior center directors association or designee; the executive director of the Rhode Island chapter of the Alzheimer's association or designee; a representative of a long-term care provider organization other than a nursing home owner, and a representative of a residential care/assisted living care facility other than a nursing home, to be appointed by the governor; a representative of a not-for-profit nursing home to be appointed by the lieutenant governor; six (6) citizens of the state with no direct or indirect interest in nursing home ownership who have demonstrated concern for the care of the elderly, two (2) of whom shall be appointed by the lieutenant governor, two (2) of whom shall be appointed by the speaker of the house of representatives, and two (2) of whom shall be appointed by the majority leader of the senate; president of the senate; a representative of an adult day care center to be appointed by the speaker; a representative of senior housing to be appointed by the lieutenant governor; a representative of a not for profit home health care agency to be appointed by the speaker; a representative of a for profit home health care agency to be appointed by the speaker; and a representative of a community mental health center, to be appointed by the senate majority leader; president of the senate; a registered nurse experienced in the care of the elderly, to be appointed by the governor; a representative of nonmanagerial nursing home employees, to be appointed by the lieutenant governor; three (3) members of the house, not more than two (2) from the same political party, to be appointed by the speaker; a nursing home owner, to be appointed by the speaker; two (2) members of the senate, not more than one from the same political party to be appointed by the majority leader president of the senate one consumer of home and community based care to be appointed by the speaker from a list of three (3) submitted by the chairperson of the independent living council; one consumer of home and community based care to be appointed by the senate majority leader president of the senate from a list of three (3) submitted by the chairperson of the Governor's Council on Mental Health; a general physician to be appointed by the senate majority leader president of the senate and a psychiatrist specializing in the medical problems of the elderly, to be appointed by the lieutenant governor. Members of the general public may be appointed in lieu of legislators, provided that at least one member shall be appointed from the house and one from the senate, and the appointments shall be made by the same authority as for the legislators supplanted. The members of the council shall serve two-year terms, expiring on the second anniversary of each individual's appointment or on the date that their respective successors are appointed and qualified, whichever is later.

23-17.3-2. Membership. [Effective January 1, 2001.] -- The council shall be comprised of thirty-seven (37) members, as follows: the lieutenant governor or designee; the secretary of state or designee; the director of the department of health or designee; the director of the department of human services or designee; the director of the department of mental health, retardation, and hospitals or designee; the attorney general or designee; the director of the department of elderly affairs or designee; the chair of the Rhode Island Advisory Commission on Aging or designee; the president of the Rhode Island Chapter of the American Association of Retired Persons (AARP) or his or her designee; the director of the alliance for long-term care or designee; the president of the Rhode Island senior center directors association or designee; the executive director of the Rhode Island chapter of the Alzheimer's association or designee; a representative of a long-term care provider organization other than a nursing home owner, and a representative of a residential care/assisted living care facility other than a nursing home, to be appointed by the governor; a representative of a not-for-profit nursing home to be appointed by the lieutenant governor; five (5) citizens of the state with no direct or indirect interest in nursing home ownership who have demonstrated concern for the care of the elderly, two (2) of whom shall be appointed by the lieutenant governor, two (2) of whom shall be appointed by the speaker of the house of representatives, and one of whom shall be appointed by the majority leader of the senate; a representative of an adult day care center to be appointed by the speaker; a representative of senior housing to be appointed by the lieutenant governor; a representative of a not for profit home health care agency to be appointed by the speaker; a representative of a for profit home health care agency to be appointed by the speaker; and a representative of a community mental health center, to be appointed by the senate majority leader; a registered nurse experienced in the care of the elderly, to be appointed by the governor; a representative of nonmanagerial nursing home employees, to be appointed by the lieutenant governor; three (3) members of the house, not more than two (2) from the same political party, to be appointed by the speaker; a nursing home owner, to be appointed by the speaker; two (2) members of the senate, not more than one from the same political party to be appointed by the majority leader one consumer of home and community based care to be appointed by the speaker from a list of three (3) submitted by the chairperson of the independent living council; one consumer of home and community based care to be appointed by the senate majority leader from a list of three (3) submitted by the chairperson of the Governor's Council on Mental Health; a general physician to be appointed by the senate majority leader and a psychiatrist specializing in the medical problems of the elderly, to be appointed by the lieutenant governor. Members of the general public may be appointed in lieu of legislators, provided that at least one member shall be appointed from the house and one from the senate, and the appointments shall be made by the same authority as for the legislators supplanted. The members of the council shall serve two-year terms, expiring on the second anniversary of each individual's appointment or on the date that their respective successors are appointed and qualified, whichever is later.

SECTION 45. Section 23-17.4-22 of the General Laws in Chapter 23-17.4 entitled "Residential Care and Assisted Living Facility Licensing Act" is hereby amended to read as follows:

23-17.4-22. Membership of commission -- (a) The permanent advisory commission on residential care and assisted living facilities shall be composed of nineteen (19) members as follows:

(1) The director of the department of health or designee;

(2) The director of the department of human services or designee;

(3) The director of the department of mental health, retardation, and hospitals or designee;

(4) The director of the department of elderly affairs or designee;

(5) The state fire marshal or designee;

(6) The attorney general or designee; and

(7) One public member to be appointed by the governor;

(8) An advocate for developmentally disabled persons;

(9) An advocate for mentally ill persons;

(10) An advocate for physically disabled persons;

(11) A representative of the Rhode Island retired teachers association;

(12) A representative of the Rhode Island chapter of the American association of retired persons;

(13) A state representative, to be appointed by the speaker of the house;

(14) An administrator of a for profit licensed residential care/assisted living facility to be recommended by the Rhode Island association of residential care facilities;

(15) An administrator of a licensed not for profit residential care/assisted living facility to be recommended by the Rhode Island association of facilities for the aging;

(16) Two (2) residents of licensed residential care and assisted living facilities;

(17) A state senator; and

(18) An administrator of a multilevel facility which includes both residential care/assisted living and nursing care, to be appointed by the majority leader president of the senate.

(b) The commission shall annually elect one of its members as chair to preside over meetings of the commission.

(c) The commission shall meet at the call of the speaker of the house of representatives.

SECTION 46. Section 23-17.17-6 of the General Laws in Chapter 23-17.17 entitled "Health Care Quality Program" is hereby amended to read as follows:

23-17.17-6. Health care quality steering committee -- The director shall establish and serve as chairperson of a health care quality steering committee of no more than nineteen (19) members to advise in the following matters: (1) determination of the comparable performance measures to be reported on, (2) assessment of factors contributing to the provision of quality health care, (3) selection of the patient satisfaction survey measures and instrument, (4) methods and format for data collection, (5) program expansion and quality improvement initiatives, (6) format for the public quality performance measurement report, (7) consideration of nursing sensitive performance measures to be reported on, (8) consideration of the relationship between human resources and quality, beginning with measurement and reporting for nursing staff, and (9) other related issues as requested by the director. The members of the health care quality performance steering committee shall include one member of the house of representatives, to be appointed by the speaker; one member of the senate, to be appointed by the majority leader, president of the senate, the director or director's designee of the department of human services, the director or the director's designee of the department of mental health, retardation and hospitals, the director or the director's designee of the department of elderly affairs, and thirteen (13) members to be appointed by the director of the department of health to include persons representing Rhode Island licensed hospitals and other licensed facilities/providers, the medical and nursing professions, the business community, organized labor, consumers, and health insurers and health plans and other parties committed to health care quality.

SECTION 47. Section 23-18.3-1 of the General Laws in Chapter 23-18.3 entitled "Legislative Commission on Historical Cemeteries" is hereby amended to read as follows:

23-18.3-1. Establishment -- Purpose -- Membership -- Compensation -- (a) There is hereby created a permanent joint legislative commission to study the location, condition, and inventory of historical cemeteries in Rhode Island and to make recommendations to the general assembly relative thereto.

(b) The commission shall consist of nineteen (19) members all of whom shall be citizens and residents of this state. One shall be the director of veterans' cemeteries or his or her designee.

(c) One shall be the director of the Rhode Island historical preservation commission or his or her designee.

(d) One shall be the director of the Rhode Island historical society or his or her designee.

(e) One representative of the league of cities and towns to be appointed by the governor who shall serve for one year.

(f) In consultation with and upon the recommendation of local historical or preservation societies within each county, ten (10) members consisting of two (2) representatives from each county to be chosen as follows: one representative from each of the five (5) counties to be appointed by the speaker of the house and one representative from each of the five (5) counties to be appointed by the majority leader president of the senate who shall serve for two (2) years.

(g) One member of the house of representatives appointed by the speaker who shall serve for two (2) years and one member of the senate appointed by the senate majority leader president of the senate who shall serve for two (2) years.

(h) Three (3) members of the public to be appointed by the governor who shall serve for two (2) years.

(i) The members shall annually elect a chairperson of the commission who shall be a member of the general assembly. Any vacancy shall be filled by the authority making the original appointment. Members of the commission shall serve without compensation.

SECTION 48. Section 23-19-6 of the General Laws in Chapter 23-19 entitled "Rhode Island Resource Recovery Corporation" is hereby amended to read as follows:

23-19-6. Creation, membership, and terms of the Rhode Island Resource Recovery Corporation -- (a) There is hereby authorized, created, and established a public corporation of the state, having a distinct legal existence from the state and not constituting a department of the state government, with such politic and corporate powers as are set forth in this chapter, to be known as the solid waste management corporation, hereinafter referred to as the corporation to carry out the provisions of this chapter. The corporation is hereby constituted a public instrumentality and agency exercising public and essential governmental functions, and the exercise by the corporation of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the state.

(b) It is the intent of the general assembly by the passage of this chapter to create and establish a public corporation and instrumentality and agency of the state for the purpose of the activities hereinafter authorized, and to vest the corporation with all powers, authority, rights, privileges, and titles that may be necessary to enable it to accomplish such purposes. This chapter shall be liberally construed in conformance with the purpose expressed herein.

(c) (1) The powers of the corporation shall be vested in nine (9) commissioners, consisting of the director of administration, or the director's designee, four (4) public members to be appointed by the governor, one (1) resident of the town of Johnston to be appointed by the governor, two (2) members from the house of representatives to be appointed by the speaker of the house, and one member from the senate to be appointed by the senate majority leader president of the senate.

(2) Of the five (5) commissioners appointed by the governor, one shall be the chief elected officer of a city or town. Of the two (2) commissioners appointed by the speaker of the house, at least one shall represent a minority party. Appointments by the governor shall require the advice and consent of the senate.

(d) All public members shall serve until their respective successors are appointed and qualified. On July 1, 1974, the governor shall appoint one commissioner to serve until the first day of July, 1975, and until the commissioner's successor is appointed and qualified, one commissioner to serve until the first day of July, 1976, and until his or her successor is appointed and qualified, and two (2) commissioners to serve until the first day of July, 1977, and until their respective successors are appointed and qualified, and in the month of June, 1975 and in the month of June each year thereafter, the governor shall appoint a successor to the commissioners the governor has appointed whose terms expire that year, to serve for a term of three (3) years commencing on the first day of July then next following and until his or her successor is appointed and qualified. On July 1, 1974 the speaker of the house shall appoint two (2) commissioners to serve until the expiration of the balance of the legislative term which they are serving at the time of their appointment to the board. The governor shall appoint the fifth public member for a term of three (3) years commencing on July 1, 1986 to serve until his or her successor is appointed and qualified.

(e) The senate majority leader president of the senate shall appoint one commissioner to serve until the expiration of the balance of the legislative term which the commissioner is serving at the time of his or her appointment to the board. Any vacancy occurring in the office of a member by death, resignation, or otherwise shall be filled in the same manner as the original appointment for the balance of the unexpired term of the former member.

(f) The governor shall designate a commissioner to serve as chair. Any commissioner may be removed by the governor for misfeasance, malfeasance, or willful neglect of duty.

(g) The commissioners shall elect from among their number a vice chair and a treasurer annually, and such other officers as they may determine. Meetings shall be held at the call of the chair or whenever two (2) commissioners so request. Five (5) commissioners shall constitute a quorum, and any action taken by the corporation under the provisions of this chapter may be authorized by resolution approved by a majority, but not less than five (5) of the commissioners present at any regular or special meeting. No vacancy in the membership of the corporation's board of commissioners shall impair the right of a quorum to exercise all the rights and perform all the duties of the corporation.

(h) Commissioners shall receive no compensation for the performance of their duties hereunder but the commissioner shall be reimbursed for his or her reasonable expenses incurred in carrying out the duties under this chapter.

(i) The commissioners of the corporation shall at regular intervals conduct business meetings for the purpose of carrying out its general business. The meetings shall be open to the public and all records and minutes will be a matter of public record. The corporation shall be considered a "public body" and shall be subject to the provisions of the "Open Meetings" Law, section 42-46-1 et seq. and to the provisions of title 38 concerning "public records."

(j) The corporation shall continue until its existence is terminated by law. At such time its holdings and assets shall pass to and become vested in the state.

(k) The state shall indemnify and hold harmless every past, present, or future commissioner, officer, or employee of the corporation who is made a party to or is required to testify in any action, investigation, or other proceeding in connection with or arising out of the performance or alleged lack of performance of such person's duties on behalf of the corporation. These persons shall be indemnified and held harmless, whether they are sued individually or in their capacities as commissioners, officers, or employees of the corporation, for all expenses, legal fees and/or costs incurred by them during or resulting from such proceedings, and for any award or judgment arising out of their service to the corporation that is not paid by the corporation and is sought to be enforced against a person individually, as such expenses, legal fees, costs, awards or judgments occur. Provided, however, that neither the state nor the corporation shall indemnify any commissioner, officer, or employee: (1) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or (2) for any transaction from which such member derived an improper personal benefit; or (3) for any malicious act.

SECTION 49. Section 23-23-5.3 of the General Laws in Chapter 23-23 entitled "Air Pollution" is hereby amended to read as follows:

23-23-5.3. Advisory commission created -- (a) There is hereby created an operating permits advisory commission. The advisory commission shall consist of the director of the department of environmental management, or his or her designee, and six (6) additional members who shall be appointed as follows: three (3) members by the governor, two (2) of whom shall be members of the regulated community, and one of whom shall be a member of an environmental citizens group registered as a nonbusiness corporation in the state; one by the speaker of the house; one by the senate majority leader president of the senate; and one jointly by the house minority leader and the senate minority leader, who shall be a member of the minority party. A chair and vice chair shall be elected by the members of the commission. The director of the department of environmental management shall be the secretary of the advisory commission.

(b) The duties of the operating permits advisory commission shall be to review, advise, and evaluate the collection of operating fees pursuant to section 23-23-5(18) and the development and administration of the operating permit program. The commission shall conduct or commission an annual program review. The annual program review shall, at a minimum, examine staffing and resource needs, permit program efficiency, and cost requirements. The cost of conducting the activities of the advisory commission, including the cost of the annual program review, shall be paid from the clean air operating permit fee fund. The commission shall meet quarterly. The advisory commission shall have the authority to request and obtain all information from the department necessary to perform its responsibilities.

SECTION 50. Section 23-24.5-23 of the General Laws in Chapter 23-24.5 entitled "Asbestos Abatement" is hereby amended to read as follows:

23-24.5-23. Asbestos advisory board -- (a) There is hereby established an asbestos advisory board consisting of eleven (11) members within the department of health.

(b) The purpose of the board shall be as follows:

(1) To monitor the implementation of this chapter, toward which end the records of all departments and agencies of state government relating to the asbestos abatement program shall be made accessible to the chairperson of the asbestos advisory board upon request, providing that the board has so directed the chairperson by a vote of the board as a whole;

(2) To report on or before March 1 of each year to the speaker of the house and the majority leader of the senate president of the senate of any legislative changes required in this chapter;

(3) To advise the director on the desirability of proposed regulations.

(c) The members of the board shall be electors and shall be appointed as follows:

(1) There shall be three (3) ex officio members: the director of health, the director of administration, and the commissioner of elementary and secondary education or their designees;

(2) There shall be three (3) public representatives, two (2) to be appointed by the speaker and one by the senate majority leader president of the senate , and there shall be five (5) members appointed by the governor, one of whom shall be a physician familiar with asbestos problems, one of whom shall be a qualified environmental health expert, and one of whom shall be an architect or engineer familiar with asbestos problems, one of whom shall be an asbestos contractor, and one of whom shall be a lawyer. The appointments shall be made on or before August 1, 1985.

(d) The term of office of each member shall be for a period of three (3) years except that in the case of the initial appointments of public and professional members, one by the speaker and one by the governor shall be for two (2) years and one by the speaker and three (3) by the governor shall be for one year. Each member shall serve until a successor is appointed or designated. In the month of August of each year, the members shall elect from among their members, a chairperson, vice chairperson and secretary. Any member absent for three (3) or more consecutive meetings shall be considered as having vacated the office. Six (6) members shall be considered a quorum, and the board may fulfill any of its duties by a subcommittee of four (4) members present.

(e) The board may engage such experts and secretarial staff as necessary at a rate of pay approved by the unclassified pay board.

(f) The director shall provide such meeting and hearing rooms as the board may require.

SECTION 51. Section 23-24.6-6 of the General Laws in Chapter 23-24.6 entitled "Lead Poisoning Prevention Act" is hereby amended to read as follows:

23-24.6-6. Commission on environmental lead -- (a) There is hereby established a commission on environmental lead within the department of health consisting of seventeen (17) members.

(b) The purpose of the commission shall be as follows:

(1) To coordinate the activities of its member agencies with respect to environmental lead policy;

(2) To recommend the adoption of policies with regard to the detection and elimination of the hazards to the public posed by exposure to lead in the environment;

(3) To recommend the adoption of policies with regard to the screening and treatment of individuals suffering from elevated exposures to environmental lead; and

(4) To report on or before March 1 of each year to the speaker of the house and the majority leader of the senate president of the senate on both the progress of the comprehensive environmental lead program and recommendations for any needed changes in legislation.

(c) The members of the commission shall be electors and shall be appointed as follows:

(1) There shall be four (4) ex officio members: the director, the director of environmental management, the director of children, youth, and families, and the commissioner of elementary and secondary education or their designees.

(2) There shall be three (3) public representatives: a member of the house and a parent appointed by the speaker and a member of the senate appointed by the senate majority leader president of the senate.

(3) There shall be ten (10) members appointed by the governor, one of whom shall be from the league of cities and towns; one of whom shall be a representative of a local housing authority; one of whom shall be a local building official; one of whom shall be a local minimum housing inspector; one of whom shall be a representative of the housing industry organization; one of whom shall be a representative of a local housing court; one of whom shall be a community health nurse familiar with childhood lead poisoning; one of whom shall be an environmental professional familiar with lead hazard identification and reduction; and two (2) of whom shall be community representatives.

(d) The term of office of each member except ex officio members shall be for a period of three (3) years, except that the initial appointments of public and professional members, one by the speaker and five (5) by the governor, shall be for two (2) years. Each member shall serve until a successor is appointed or designated. In the month of October of each year, the members shall elect from among their members a chairperson, a vice chairperson, and secretary. Nine (9) members shall be considered a quorum, and the board may fulfill any of its duties by a subcommittee of six (6) members present.

(e) The commission shall meet at the call of the chairperson, but not less than quarterly. The director shall provide such meeting and hearing rooms and secretarial staff as the commission may require.

SECTION 52. Section 23-25.2-3 of the General Laws in Chapter 23-25.2 entitled "Pesticide Relief Fund" is hereby amended to read as follows:

23-25.2-3. Pesticide relief advisory board established -- Appointment of members -- (a) There is hereby created a pesticide relief advisory board consisting of eleven (11) members: one member shall be the chairperson of the joint committee on the environment or his or her designee, ex officio, and is referred to as the legislative member; the other ten (10) members shall be referred to as public members, and shall be appointed as follows: one public member shall be a faculty member in the department of plant pathology and entomology at the University of Rhode Island, to be appointed by the governor; the lieutenant governor, the speaker of the house, and the majority leader of the senate president of the senate shall each appoint one public member; the lieutenant governor shall appoint a public member who shall be a person engaged in full time vocation as an agricultural farmer; one public member shall be a professional toxicologist or a physician with sufficient experience in public health as it relates to pesticides or toxicology, to be appointed by the governor; one public member shall be a faculty member in environmental studies at a Rhode Island college or university, to be appointed by the governor; and one public member shall be a representative of the urban pest control industry or the chemical or pesticide industry, to be appointed by the governor and two (2) public members shall be representatives of the community at large, to be appointed by the governor.

(b) The terms of office of the members of the board shall be as follows: the legislative member shall serve until the end of his or her legislative term; each faculty member shall serve until January 31, 1988; during the month of January 1988 and biennially thereafter, the governor shall appoint faculty members to succeed faculty members whose terms shall expire in that year, to hold office for a term of two (2) years commencing on the first day of February next following; the member appointed by the majority leader of the senate president of the senate shall serve until January 31, 1987; the member appointed by the speaker of the house shall serve until January 31, 1988; and the member appointed by the lieutenant governor shall serve until January 31, 1989; the farmer appointed by the lieutenant governor shall serve until January 31, 1988; the toxicologist appointed by the governor shall serve until January 31, 1989; the representative of the urban pest control industry appointed by the governor shall serve until January 31, 1987; and the public members appointed by the governor to represent the community at large shall serve until January 31, 1989. In the month of January in any year in which a public member's term of office expires, the respective appointing authority shall appoint a successor to the member whose term shall expire in that year, to hold office for a term of two (2) years commencing on the first day of February next following. All members shall serve until their successors are appointed and qualified. Any vacancy other than by expiration shall be filled in like manner as the original appointment, but only for the unexpired portion of the term. All appointments shall be made in a timely manner.

(c) Forthwith upon the completion of the initial appointments, the board shall meet at the call of the director and shall elect from among themselves a chairperson.

SECTION 53. Sections 23-27.3-100.1.4 and 23-27.3-109.1 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows:

23-27.3-100.1.4. Appointment and qualifications of the committee -- (a) The building code standards committee shall be composed of twenty-five (25) members, residents of the state; twenty-three (23) of whom shall be appointed by the governor with the advice and consent of the senate. Eight (8) members are to be appointed for terms of one year each, seven (7) for a term of two (2) years each, and eight (8) for terms of three (3) years each. Annually, thereafter, the governor, with the advice and consent of the senate, shall appoint members to the committee to succeed those whose terms expired; the members to serve for terms of three (3) years each and until their successors are appointed and qualified. Two (2) members shall be architects registered in the state; three (3) shall be professional engineers registered in the state, one specializing in mechanical, one specializing in structural, and one specializing in electrical engineering; one landscape architect, registered in the state, one full-time certified electrical inspector; two (2) shall be builders or superintendents of building construction; one shall be a public health official; one shall be a qualified fire code official; two (2) shall be from the Rhode Island building trades council; one shall be a holder of Class "A" electrician's license; one shall be a master plumber; two (2) shall be from the general public; three (3) shall be building officials in office, one from a municipality with a population of sixty thousand (60,000) persons or more, one from a municipality with a population of over twenty thousand (20,000) persons but less than sixty thousand (60,000), and one from a municipality with a population of less than twenty thousand (20,000) persons; one shall be a member of the state senate, appointed by the majority leader president of the senate , and one shall be a member of the house of representative, appointed by the speaker, and one shall be a minimum housing official in office from one of the local municipalities. Within thirty (30) days of May 25, 1988, the governor shall appoint, with the advice and consent of the senate, two (2) residents of the state who shall be persons with disabilities as defined in section 28-5-6(9), one of whom shall be appointed for a term of one year, and one of whom shall be appointed for a term of two (2) years. Within thirty (30) days of May 25, 1988, the governor shall appoint, with the advice and consent of the senate, one landscape architect in the state who shall be appointed for a term of three (3) years.

(b) All members, except members of the state senate and the members of the house of representatives shall have no less than five (5) years practical experience in his or her profession or business. The committee shall elect its own chairperson, and adopt rules and regulations for procedure. The state building commissioner shall serve as the executive secretary to the committee. The committee shall have the power, within the limits of appropriations provided therefor, to employ such assistance as may be necessary to conduct business.

The state housing and property maintenance code subcommittee shall be composed of nine (9) members, residents of the state. Five (5) of these members are to be current members of the state building code standards committee and are to be appointed by that committee. The four (4) remaining members are to be appointed by the governor, with the advice and consent of the senate. The four (4) appointed by the governor, with the advice and consent of the senate, shall initially be appointed on a staggered term basis, one for one year, one for two (2) years, and two (2) for three (3) years. Annually thereafter, the building code standards committee, and the governor, with the advice and consent of the senate, shall appoint the subcommittee members, for which they are respectively responsible, to succeed those whose terms have expired; the members to serve for terms of three (3) years each and until their successors are appointed and qualified. Of the members appointed by the committee one shall be a full-time certified electrical inspector; one shall be a master plumber and mechanical equipment expert, one shall be a builder or superintendent of building construction, one member shall be a qualified state fire code official, one shall be a property manager, and one shall be a current minimum housing official from a local municipality. The four (4) members to be appointed by the governor, with the advice and consent of the senate, shall all be current minimum housing officials from local municipalities. One shall be from a municipality with a population of sixty thousand (60,000) persons or more, two (2) from municipalities with a population of over twenty thousand (20,000) persons but less than sixty thousand (60,000), and one from a municipality with a population of less than twenty thousand (20,000) persons.

23-27.3-109.1. Committee's rule making authority -- Legislative report -- Legislative committee -- (a) The committee is empowered to adopt codes and standards, subject to approval pursuant to subsection (c), which shall, in general, conform with nationally reorganized model building codes, model 1 and 2 family dwelling codes, model plumbing codes, model mechanical codes, model electrical codes, model energy codes, accessibility for persons with disabilities standards, and other such technical provisions of codes and standards developed to ensure the general public's health, safety, and welfare.

(b) Annually the committee shall submit a report to the general assembly on the codes and standards so adopted and shall provide the following information:

(1) Proposed amendments to the model codes and standards and supporting statement therefor.

(2) (i) A summary of testimony received at public hearings held by the committee, on adoption of the codes and standards.

(ii) The committee, subject to approval pursuant to subsection (c), shall adopt the codes and standards in accordance with the Administrative Procedures Act, chapter 35 of title 42.

(iii) The provisions of the state building code, so adopted, subject to approval pursuant to subsection (c), shall have the force and effect of law upon review and approval of the legislative regulation committee.

(c) (1) There shall be established a legislative regulation committee that shall review, approve, or reject, in total or in part, the state building code regulations proposed by the building code standards committee prior to their being filed with the secretary of state.

(2) The legislative regulation committee shall be comprised of four (4) members of the house of representatives, not more than three (3) from one political party, appointed by the speaker of the house of representatives; and three (3) members of the senate, not more than two (2) from one political party, appointed by the majority leader of the senate president of the senate.

(3) The committee shall elect from among its members a chairperson and vice chairperson.

(4) Regulations submitted to the committee shall be acted upon within sixty (60) days from the date the regulations are submitted to them by the executive secretary of the building code standards committee.

(5) A majority vote of the committee's members present shall decide all votes. A quorum shall consist of a simple majority.

(6) Members shall retain membership on the committee until replaced by the respective appointing authority or until they are not members of the house from which they were appointed.

(7) The state building commissioner and staff shall assist the committee in its administrative duties and in scheduling meetings. The commissioner shall inform the committee of all proposed regulations prior to submission.

SECTION 54. Section 23-28.2-23 of the General Laws in Chapter 23-28.2 entitled "Division of Fire Safety" is hereby amended to read as follows:

23-28.2-23. Fire education and training coordinating board -- (a) There is hereby created within the division of fire safety a fire education and training coordinating board. The governor shall appoint one representative from each of the following groups to serve on the board:

(1) Chiefs of fire departments with predominately fully paid personnel, defined as departments in which the vast majority of members are full-time, salaried personnel.

(2) Chiefs of fire departments with part paid/combination personnel, defined as departments in which members consist of both full-time salaried personnel and a large percentage of volunteer or call personnel.

(3) Chiefs of fire departments with predominately volunteer personnel, defined as departments in which the vast majority of members respond voluntarily and receive little or no compensation.

(4) Rhode Island firefighters' instructor's association.

(5) Rhode Island department of environmental management.

(6) Rhode Island fire safety association.

(7) Rhode Island state firefighter's league.

(b) The governor shall also appoint three (3) members from the Rhode Island association of fire fighters and two (2) members from regional firefighter's leagues.

(c) The senate majority leader president of the senate and the speaker of the house shall each appoint one member.

(d) The state fire marshal and the chief of training and education shall serve as ex-officio members.

(e) Members shall be appointed for terms of three (3) years, except that the terms of the first appointments shall be one year for approximately one-third ( 1/3) of the members, two (2) years for approximately one-third ( 1/3) of the members, and three (3) years for approximately one-third ( 1/3) of the members. The governor shall determine which members will fall into the one, two (2), and three (3) categories when making initial appointments. No person shall serve more than two (2) consecutive terms, except that service on the board for a term of less than two (2) years resulting from an initial appointment or an appointment for the remainder of an unexpired term shall not constitute a full term. Members shall hold office until a successor is appointed, and no member shall serve beyond the time he or she ceases to hold office or employment by reason of which he or she was eligible for appointment.

(f) Members shall serve without compensation, but shall receive travel expenses in the same amount per mile approved for state employees.

(g) The commission shall meet at the call of the chairperson or upon written petition of a majority of the members, but not less than six (6) times per year.

(h) Staff support to the commission beyond that which can be provided by the state fire marshal shall be provided by the governor's justice commission.

(i) The board shall:

(1) Establish bylaws to govern operational procedures not addressed by legislation.

(2) Elect a chairperson and vice-chairperson of the board in accordance with bylaws to be established by the board.

(3) Develop and offer training programs for fire fighters and fire officers based on applicable NFPA standards used to produce training and education courses.

(4) Develop and offer a state certification programs for instructors based on NFPA standards.

(5) Monitor and evaluate all programs to determine their effectiveness.

(6) Establish a fee structure in an amount necessary to cover costs of implementing the programs.

(j) In addition to any sums appropriated for the operation of the fire education and training unit within the division of fire safety there is hereby appropriated an additional sum of forty-two thousand five hundred dollars ($42,500).

(k) In an effort to prevent potential conflicts of interest, any fire education and training coordinating board member shall not simultaneously serve as a paid instructor and/or administrator within the fire education and training unit.

(l) A quorum for conducting all business before the board, shall be at least seven (7) members.

SECTION 55. Section 24-15-10 of the General Laws in Chapter 24-15 entitled "Scenic Highways" is hereby amended to read as follows:

24-15-10. Creation of board -- There is hereby created within the department of transportation a scenic roadways board consisting of eleven (11) members as follows: one member shall be the director of the department of transportation; one member shall be the director of the department of environmental management; one member shall be the chairperson of the historic preservation commission; one member to be designated by the audubon society of Rhode Island; one member to be appointed by the senate majority leader president of the senate; one member to be appointed by the senate minority leader; one member to be appointed by the speaker of the house of representatives; one member to be appointed by minority leader of the house of representatives and one member to be designated by the Rhode Island builders association. The governor shall appoint two (2) members of the public to serve on the board as follows: one member to serve until the first day of June, 1986, and one member to serve until the first day of June, 1987, and all members shall serve until their successors are appointed and qualified. In the month of May, 1986, and in the month of May in each year thereafter, the governor shall appoint successors to the public members of the board whose terms shall expire in such year, to hold office commencing on the first day of June in the year of appointment and until the first day of June in the third year of their respective appointments or until their respective successors are appointed and qualified. Any vacancy of a public member which may occur in the board shall be filled by appointment by the governor for the remainder of the unexpired term. Each ex-officio member of the board may designate a subordinate within his or her department or agency to represent him or her at all meetings of the board. Beginning June 28, 1985, the members of the board shall meet at the call of the director of the department of transportation and organize and shall select among themselves a chairperson. Immediately upon passage of this bill, and every two (2) years thereafter, the members of the board shall meet at the call of the director of transportation and elect among themselves a chairperson and vice chairperson who shall hold office for two (2) years. The membership of the board shall receive no compensation for their services, and shall not be reimbursed for any expenses.

SECTION 56. Section 25-2-18.1 of the General Laws in Chapter 25-2 entitled "Days of Special Observance" is hereby amended to read as follows:

25-2-18.1. Martin Luther King, Jr. State Holiday Commission -- There is hereby created a permanent commission to be known as the Martin Luther King, Jr. State Holiday Commission to consist of thirteen (13) members, three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party, to be appointed by the speaker; three (3) of whom shall be from the senate, not more than two (2) from the same political party to be appointed by the senate majority leader president of the senate ; three (3) of whom shall be representatives of the general public, to be appointed by the speaker; two (2) of whom shall be representatives of the general public to be appointed by the senate majority leader president of the senate ; one of whom shall be a representative of the governor's office, to be appointed by the governor; and one of whom shall be the lieutenant governor, all of the foregoing to be known as commission members. The commission shall appoint not more than sixteen (16) representatives from organizations and groups generally identified with and thought to epitomize the ideals of Dr. Martin Luther King, Jr., all of whom shall be known as non-voting affiliate members, to serve for two (2) year terms.

The purpose of the commission shall be to plan, supervise and administer, in conjunction with the federal Martin Luther King Day Commission and the Martin Luther King Center for Non-Violent Social Change, an appropriate celebration to commemorate the birthday of Dr. Martin Luther King, Jr., and the annual observance of Dr. Martin Luther King Day, which will be observed on the third Monday in January each year. The commission shall not limit its activities to the annual celebration, but shall endeavor to promote educational efforts throughout the year, as well as to promote seminar events during the annual celebration that will be of informative value to all segments of the Rhode Island community.

Forthwith upon the passage of this section, the members of the commission shall meet at the call of the speaker and shall, in February of each odd-numbered year, elect from among themselves a chair, who shall be a legislator, and a vice-chair, who shall not be a government official or employee. Vacancies in the commission shall be filled in like manner as the original appointment.

The commission is empowered to appoint committees to study specialized areas of concern and to report their findings and recommendations to the commission; provided, however, that one of these committees shall be an education committee.

The commission is empowered to establish a Martin Luther King Scholarship Fund and to award scholarships therefrom. Decisions concerning scholarship awards shall be made by the education committee of the commission in conjunction with the higher education assistance authority.

The commission is empowered to apply for and receive grants, appropriations, or gifts from any federal, state, or local agency, from any public or private foundation, and from any person, firm, or corporation in order to carry out the purposes of this chapter. The allocation of any funds received shall be decided by a majority vote of voting members in attendance at a meeting duly convened for the conduct of business by the commission.

Seven (7) members of the commission shall constitute a quorum.

The commission shall meet at least four (4) times per year.

On or before October 1, 1996, the commission shall adopt policies concerning the responsibilities of its voting members and non-voting affiliate members, including attendance at commission meetings.

All departments and agencies of the state shall furnish advice and information, documentary and otherwise, to the commission and its agents as may be necessary or desirable to facilitate the purposes of this chapter.

The speaker is hereby authorized and directed to provide suitable quarters for the commission.

The commission shall file a report with the general assembly outlining its plans for the celebration on or before December 15th each year prior to the celebration.

SECTION 57. Section 27-34.2-17 of the General Laws in Chapter 27-34.2 entitled "Long Term Care Insurance" is hereby amended to read as follows:

27-34.2-17. Long term care insurance advisory panel -- (a) There is hereby established an advisory panel to the department of business regulation for the purpose of examining minimum criteria for Medicaid qualifying long term care insurance policies. The panel shall consist of the following:

(1) The director of the department of health and human services or the director's designee;

(2) A representative of the insurance industry to be appointed by the governor;

(3) The director of the department of business regulation or the director's designee;

(4) An attorney whose practice concentrates in elder law, to be appointed by the speaker of the house;

(5) A member of the American association of retired persons to be appointed by the speaker of the house;

(6) A representative of the Rhode Island medical society;

(7) The director of the department of elderly affairs or the director's designee;

(8) A representative of a visiting nurse association;

(9) Three (3) members of the house of representatives, no more than two (2) from the majority party; and

(10) Two (2) members of the senate to be appointed by the majority leader, president of the senate, one from each party.

(b) The advisory panel shall report to the director of the department of business regulation on or before December 31, 1994 regarding recommended basic requirements for long term care insurance policies.

SECTION 58. Section 27-66-15 of the General Laws in Chapter 27-66 entitled "The Health Insurance Conversion Act" is hereby amended to read as follows:

27-66-15. Distribution of proceeds from acquisition -- Selection and establishment of an independent foundation -- (a) In the event of the approval of a conversion involving a not for profit corporation, as an acquiree, it may be required that the proceeds from the sale and any endowments, restricted, unrestricted and specific purpose funds may be transferred to a charitable foundation established herein.

(b) The determination whether the proceeds of the conversion shall be transferred to the foundation established herein shall be made pursuant to the common law doctrine of cy pres and chapter 4 of title 18.

(c) The board of directors shall consist of an executive director, who shall serve ex-officio, and nine (9) members, all of whom shall be citizens and residents of this state and none of whom shall be members of the general assembly, and three (3) of whom shall be appointed by the governor, three (3) of whom shall be appointed by the speaker of the house and three (3) of whom shall be appointed by the senate majority leader president of the senate. The board members may include one or more members with experience in matters including financial, legal, business, labor, health care delivery, investments, community purpose, grant-making, health insurance and members who represent diverse populations of the affected community and not more than three (3) members of the board may be prior board members of the acquiree;

(d) The members shall be appointed for terms of three (3) years except for the three (3) members originally appointed by each of the appointing authorities; one (1) shall be appointed for a term of one (1) year, one (1) shall be appointed for a term of two (2) years and one (1) for a term of three (3) years. The board shall annually elect a chairperson from among its members and other officers it deems necessary for the performance of its duties and board members shall not receive compensation;

(e) Control of the distribution of the proceeds of the fund is vested solely in the board provided however, the investment responsibility shall be through the "Rhode Island Foundation", or similar foundation;

(f) Vacancies occurring on such board may be filled by a majority vote of the remaining board members.

SECTION 59. Section 28-5.1-5 of the General Laws in Chapter 28-5.1 entitled "Equal Opportunity and Affirmative Action" is hereby amended to read as follows:

28-5.1-5. Personnel administration -- (a) (1) The office of personnel administration of the department of administration prepares a comprehensive plan indicating the appropriate steps necessary to maintain and secure the equal opportunity responsibility and commitment of that division. The plan shall set forth attainable goals and target dates based upon a utilization study for achievement of the goals, together with operational assignment for each element of the plan to assure measurable progress.

(2) The office of personnel administration shall take positive steps to insure that the entire examination and testing process, including the development of job specifications and employment qualifications, is free from either conscious or inadvertent bias, and shall review all recruitment procedures for all state agencies covered by this chapter for compliance with federal and state law, and bring to the attention of the equal opportunity administrator matters of concern to its jurisdiction. The division of budget shall indicate in the annual personnel supplement progress made toward the achievement of equal employment goals. The division of purchases shall cooperate in administering the state contract compliance programs. The division of statewide planning shall cooperate in assuring compliance from all recipients of federal grants.

(b) The office of labor relations shall propose in negotiations the inclusion of affirmative action language suitable to the need for attaining and maintaining a diverse workforce.

(c) There is created a five (5) member committee which shall monitor negotiations with all collective bargaining units within state government specifically for equal opportunity and affirmative action interests. The members of that committee include the director of the Rhode Island commission for human rights, the equal opportunity administrator, the personnel administrator, one member of the house of representatives appointed by the speaker, and one member of the senate appointed by the senate majority leader president of the senate.

SECTION 60. Section 28-21-21 of the General Laws in Chapter 28-21 entitled "Hazardous Substances Right-to-Know Act" is hereby amended to read as follows:

28-21-21. Permanent commission on hazardous substances in the workplace -- (a) There is created a permanent commission on hazardous substances in the workplace whose purpose it is to oversee and study the implementation of this chapter and to advise the general assembly with respect to methods of improving the purpose of this chapter. The commission shall annually submit its report to the general assembly not later than January 15 of each year.

(b) The commission consists of seventeen (17) members: three (3) from the house of representatives, not more than two (2) from the same political party, to be appointed by the speaker to serve for their legislative term; two (2) are from the senate, one from each political party, to be appointed by the majority leader president of the senate to serve for his or her legislative term; two (2) representatives of labor; two (2) representatives of business; one member from the department of health; one member from the department of labor and training; four (4) members from the public; one member from the medical profession; and one member from the jewelry industry, all of whom are appointed by the speaker, to serve for terms of three (3) years.

(c) During the month of February every year, the speaker shall appoint a member to succeed the members whose term will then next expire, to serve for a term of three (3) years commencing on the first day of March then next following, and until his or her successor is appointed and qualified.

(d) A member shall be eligible to succeed himself or herself.

(e) A vacancy, other than by expiration, shall be filled in the same manner as an original appointment, but only for the unexpired portion of the term.

(f) The speaker shall select a chairperson from among the membership of the commission to serve at the pleasure of the speaker.

(g) The membership of the commission shall receive no compensation for their services.

(h) All departments and agencies of the state furnish any advice and information, documentary and otherwise, to the commission and its agents that is deemed necessary or desirable by the commission to facilitate the purposes of this section.

(i) The speaker of the house is authorized and directed to provide suitable quarters for the commission.

SECTION 61. Section 30-15-10 of the General Laws in Chapter 30-15 entitled "Emergency Management" is hereby amended to read as follows:

30-15-10. Financing -- Disaster emergency funding board established -- (a) It is the intent of the general assembly and declared to be the policy of the state that funds to meet disaster emergencies shall always be available.

(b) A disaster emergency funding board is hereby established, composed of the senate majority leader president of the senate, the speaker of the house, and the chairpersons of the senate and house finance committees.

(c) It is the legislative intent that the first recourse shall be to funds regularly appropriated to state and local agencies. If the governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, with the concurrence of the disaster emergency funding board, he or she may make funds available by transferring and expending moneys appropriated for other purposes or may borrow for a term not to exceed two (2) years from the United States government or any other private source.

(d) Nothing contained in this section shall be construed to limit the governor's authority to apply for, administer, and expend any grants, gifts, or payments, in aid of disaster prevention, preparedness, response, or recovery.

SECTION 62. Section 30-24-3 of the General Laws in Chapter 30-24 entitled "Rhode Island Veterans' Home" is hereby amended to read as follows:

30-24-3. Commandant -- Advisory council -- (a) The director of human services shall appoint a commandant for the Rhode Island veterans' home who shall also act as the chief of veterans' affairs. There shall be an advisory council for veterans' affairs, consisting of nineteen (19) qualified electors of this state, ten (10) of whom shall be honorably discharged war veterans of the armed forces of the United States; twelve (12) of the members shall be appointed by the governor, consisting of a member designated by each of the various state departments of chartered veteran organizations, one of whom shall be a member of the purple heart organization, and the remaining member or members at large; provided, however, that each of those departments of veteran organizations shall have and continue to have at least one member on the advisory council for veterans' affairs; seven (7) members shall consist of five (5) members of the house of representatives, not more than four (4) members from the same political party, to be appointed by the speaker of the house of representatives, and two (2) members from the senate, not more than one from the same political party, to be appointed by the majority leader president of the senate. The seven (7) members of the general assembly who shall serve on the advisory council of veteran affairs shall serve so long as they are members of the general assembly.

(b) The remaining two (2) members shall be one former representative having served at least five (5) years on the advisory council, to be appointed by the speaker of the house of representatives, and one former senator having served at least five (5) years on the advisory council, to be appointed by the majority leader president of the senate. If either of the last two (2) mentioned are not available, the selections may be members at-large selected from the general public; provided, further, the immediate past chief of veterans' affairs shall serve as ex-officio of the veterans' council with voting privileges for a period of five (5) years and may be reappointed for an additional term by the governor.

SECTION 63. Section 30-29-1 of the General Laws in Chapter 30-29 entitled "Committee on Naval Affairs" is hereby amended to read as follows:

30-29-1. Permanent committee -- Composition -- There is hereby created a permanent committee on naval affairs, to consist of sixteen (16) members, six (6) of whom shall be appointed by the speaker, at least one of whom shall be a member of the house of representatives, and at least one of whom shall be a member of the general public; three (3) of whom shall be appointed by the lieutenant governor; two (2) of whom shall be members of the senate, not more than one from the same party, to be appointed by the majority leader president of the senate; one of whom shall be a member of the general public appointed by the governor; one of whom shall be the director of the department of economic development, ex officio or his or her designee; and three (3) of whom shall be naval personnel, appointed by the senior naval officer permanently stationed in Rhode Island. Vacancies shall be filled in like manner as the original appointments. The members of the committee shall, without compensation, serve for two (2) years and until their successors are duly appointed.

SECTION 64. Section 30-31-2 of the General Laws in Chapter 30-31 entitled "Medal of Honor Recipients" is hereby amended to read as follows:

30-31-2. Creation of committee -- Members -- Vacancies -- (a) There is hereby created a permanent committee on Rhode Island medal of honor recipients to consist of nine (9) members, three (3) of whom shall be from the house of representatives to be appointed by the speaker of the house of representatives, not more than two (2) of whom shall be from the same political party; three (3) of whom shall be from the senate to be appointed by the majority leader president of the senate, not more than two (2) of whom shall be from the same political party; and three (3) of whom shall be members of the general public with knowledge of veterans' affairs to be appointed by the governor.

(b) Vacancies shall be filled in like manner as the original appointments. The legislative members of the committee shall serve so long as they shall remain members of the house from which they were appointed and until their successors are duly appointed and qualified.

SECTION 65. Section 31-3-15 of the General Laws in Chapter 31-3 entitled "Registration of Vehicles" is hereby amended to read as follows:

31-3-15. Special plates for state officers and mayors -- (a) The administrator of the division of motor vehicles has the right to issue a special registration plate for the use of the governor, the lieutenant governor, the secretary of state, the attorney general, the state treasurer, the president pro tem of the senate, the speaker of the house, and mayors of Rhode Island cities. The plates will be furnished without additional cost. If mayors of Rhode Island cities choose to use city motor vehicle registration plates, the mayors may place on those plates the official seals of the respective city or town in a manner that does not obstruct the numbering or lettering of the plates.

(b) The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of each former speaker of the house of representatives and of each former majority leader of the senate and president of the senate. Each of these plates is to bear the identification "house speaker emeritus" or "senate majority leader emeritus" with a seal of the state imprinted on the plate, and shall be financed without additional registration charge for a period of time as each former speaker and senate majority leader and president of the senate desires.

SECTION 66. Section 31-10-34 of the General Laws in Chapter 31-10 entitled "Operators' and Chauffeurs' Licenses" is hereby amended to read as follows:

31-10-34. Drivers' training school licensing board -- There shall be established a board of licensing examiners of drivers' training schools consisting of five (5) members: one of whom shall be from the house of representatives to be appointed by the speaker; one of whom shall be from the senate to be appointed by the majority leader president of the senate; two (2) of whom shall be operators of licensed driving schools appointed by the governor; and one of whom shall be the administrator of the division of motor vehicles or his or her designee; all of whom shall serve without compensation for a two (2) year term beginning September 1, 1976, and who shall continue to serve until their successors are appointed and qualified. Vacancies shall be filled in the same manner as original board positions.

SECTION 67. Section 31-21.1-3 of the General Laws in Chapter 31-21.1 entitled "Traffic Stops Statistics" is hereby amended to read as follows:

31-21.1-3. Advisory committee -- Establishment -- Duties -- (a) There is established an advisory committee to be called the "traffic stop study advisory committee." This committee shall consist of thirteen (13) members:

(1) Three (3) shall be from the House of Representatives, not more than two (2) from the same political party, to be appointed by the speaker;

(2) Three (3) shall be from the Senate, not more than two (2) from the same political party, to be appointed by the majority leader president of the senate ;

(3) Two (2) shall be appointed by the governor;

(4) One shall be the attorney general's designee, who shall be the president of the Rhode Island Police Chiefs Association;

(5) One shall be the executive director of the Urban League of Rhode Island or his or her designee;

(6) One shall be the executive director of the National Conference for Community and Justice (NCCJ) or his or her designee;

(7) One shall be the executive director of the Rhode Island commission for human rights or his or her designee; and

(8) One shall be a representative from a college or university in Rhode Island, who is a professor of statistics, to be appointed by the governor.

(b) The committee shall advise the attorney general throughout the course of the traffic stop study authorized by this chapter. The attorney general shall work in cooperation with the committee and shall keep the committee informed on all matters relating to the implementation and enforcement of this chapter, including but not limited to, information on all data collected and budgetary expenditures. The committee is advisory only with all power under the chapter resting with the attorney general.

SECTION 68. Section 31-38-15 of the General Laws in Chapter 31-38 entitled "Inspection of Motor Vehicles" is hereby amended to read as follows:

31-38-15. Motor vehicle inspection commission -- (a) Within the department of administration there shall be a motor vehicle inspection commission, referred to in this chapter as the "commission", which shall function as a unit in the department. The commission shall consist of seven (7) members:

(1) Four (4) members shall be appointed by the governor:

(i) One of whom shall be a certified motor vehicle inspection station operator;

(ii) Two (2) of whom shall be from the general public; and

(iii) One of whom shall be from the department of health.

(2) One member shall be a member of the senate, appointed by the senate majority leader. president of the senate.

(3) Two (2) members shall be appointed by the speaker of the house of representatives:

(i) One of whom shall be a member of the house of representatives, from the majority; and

(ii) One of whom shall be a member of the house of representatives, from the minority.

(b) Of the commission membership named in this section, one member shall be the chairperson of the joint committee on highway safety who shall also serve as chairperson of the motor vehicle inspection commission.

SECTION 69. Section 33-26-1 of the General Laws in Chapter 33-26 entitled "Establishing a Legislative Commission to Study the Feasibility of Modernizing Probate Law and Procedure to make Recommendations Therefor" is hereby amended to read as follows:

33-26-1. Legislative commission established -- There is hereby established a special legislative commission consisting of twenty-three (23) members: three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party to be appointed by the speaker; two (2) of whom shall be from the senate, not more than one (1) from the same political party, to be appointed by the majority leader president of the senate; one (1) of whom shall be the president of the Rhode Island Probate Judges Association, or his or her designee, one (1) of whom shall be the president of the Rhode Island Town Clerks Association, or his or her designee; five (5) of whom shall be members in good standing of the Rhode Island Bar Association with experience in probate matters, of whom two (2) shall be appointed by the speaker and one (1) by the senate majority leader president of the senate; one (1) of whom shall be a currently serving probate judge, to be appointed by the speaker; one (1) of whom shall be a currently serving probate clerk, to be appointed by the senate majority leader president of the senate; one (1) of whom shall be the chairperson of the Rhode Island Bar Association Committee on Probate and Trust Law; and one (1) of whom shall be the chairperson, or his or her designee, of the legislative committee of the Rhode Island Chapter of the American Association of Retired Persons; one (1) of whom shall be the chairperson or his or designee, of the legislative committee of Rhode Island Retired Teachers Association; one (1) of whom shall be the chairperson or his or her designee, of the Rhode Island Council of Senior Citizens; and one (1) of whom shall be the president, or his or her designee of the Key Council of Rhode Island; and four (4) of whom shall be members of the general public who have an interest in probate matters, of whom one (1) shall be appointed by the speaker, one (1) of whom shall be appointed by the house minority leader, and one (1) by the senate majority leader president of the senate and one (1) by the senate minority leader. Each member shall serve for a term of two (2) years, and may be reappointed.

In lieu of any appointment of a member of the legislature to a permanent advisory commission, a legislative study commission, or any commission created by a general assembly resolution, the appointing authority may appoint a member of the general public to serve in lieu of a legislator, provided that the majority leader president of the senate or the minority leader of the political party which is entitled to the appointment consents to the appointment of the member of the general public.

The purpose of said commission shall be to study the feasibility of modernizing probate law and procedure in Rhode Island, including but not limited to the feasibility of adopting the Uniform Probate Code, and to make recommendations therefor.

Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the speaker of the house and organize and shall select from among their members a chairperson. Vacancies in said commission shall be filled in like manner as the original appointment.

The membership of said commission shall receive no compensation for their services.

All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.

The speaker of the house is hereby authorized and directed to provide suitable quarters for said commission.

The commission shall report its findings and recommendations to the general assembly on an annual basis on or before February 10 of each year.

SECTION 70. Section 35-3-23 of the General Laws in Chapter 35-3 entitled "State Budget" is hereby amended to read as follows:

35-3-23. Interfund transfers -- The governor may make an interfund transfer. Prior to making an interfund transfer the governor shall give five (5) days written notification of the proposed interfund transfer to the speaker of the house, the majority leader president of the senate, the chairperson of the house finance committee, the chairperson of the senate finance committee, the minority leader of the senate, and the minority leader of the house. An interfund transfer must comply with this section. An interfund transfer can be made under the following circumstances and on the following conditions:

(1) The governor must make the findings that:

(i) All cash in the general fund, including the payroll clearing account, has been or is about to be exhausted;

(ii) The anticipated cash expenditures exceed the anticipated cash available.

(2) The governor may make an interfund transfer to the general fund from the:

(i) Temporary disability fund created in section 28-39-4; and/or

(ii) Intermodal surface transportation fund created in section 35-4-11.

(3) Once in each fiscal quarter from each fund the governor may make an interfund transfer. The fund(s) from which money is transferred must be made whole by June 30th in the same fiscal year as the transfer is made.

(4) The interfund transfer may be made notwithstanding the provisions of sections 28-37-3 and 28-39-4.

SECTION 71. Section 35-4-22.2 and 35-4-22.3 of the General Laws in Chapter 35-4 entitled "State Funds" is hereby amended to read as follows:

35-4-22.2. Use of restricted or special revenue funds -- (a) Any restricted or special revenue funds which are received by a state agency which is not otherwise appropriated to that state agency by the annual appropriation acts of the regular session of the general assembly are hereby appropriated for that state agency for the purpose set forth, except that no expenditure shall be made from and no obligation shall be incurred against any restricted receipts or special revenue fund which has not been previously appropriated or reappropriated or approved by the governor, the speaker of the house, and the senate majority leader, president of the senate, until that authorization has been transmitted to the state agency to make expenditure therefrom.

(b) State agencies desiring the governor's approval to expend or obligate receipts not appropriated or reappropriated by the general assembly in the annual appropriation act or supplemental appropriation act shall forward a request to the state budget officer, who shall forward a copy to the speaker of the house and the senate majority leader. president of the senate.

35-4-22.3. Exceptions and exclusions to sections 35-4-22.1 and 35-4-22.2 -- (a) Dedicated receipts and special revenue funds received by "self supporting" or "proprietary" state agencies that derive all their financing from sources other than the general fund are exempt from the provisions of sections 35-4-22.1 and 35-4-22.2. Colleges and universities under the control of the board of governors for higher education are also exempt from these provisions.

(b) Whenever in carrying out any specific project or service the cost of which is to be paid by restricted or dedicated revenues, it is necessary for the state to make payment in the first instance subject to reimbursement in full by the monies to be received, the state controller and the general treasurer are hereby authorized to make payments upon the receipt of duly authenticated vouchers, provided payments are authorized by the appropriation, reappropriation, or approvals specified in section 35-4-22.2 by the governor, speaker of the house, and majority leader president of the senate.

SECTION 72. Section 35-8-3 of the General Laws in Chapter 35-8 entitled "Bonded Indebtedness of State" is hereby amended to read as follows:

35-8-3. Sinking fund commission -- Composition -- Elective members -- Quorum -- There shall be a sinking fund commission which shall perform the duties formerly performed by the board of commissioners of sinking funds as prescribed by this chapter, which board of commissioners is hereby abolished. The sinking fund commission shall consist of the governor or his or her designee, the general treasurer or his or her designee, the director of administration or his or her designee, the chairperson of the finance committee of the Senate or his or her designee, the chairperson of the finance committee of the House of Representatives or his or her designee, and one person to be appointed by the speaker of the house of representatives, one person to be appointed by the house minority leader, one person to be appointed by the senate majority leader president of the senate , and one person to be appointed by the senate minority leader. A majority of all the members of the commission is necessary to constitute a quorum.

SECTION 73. Section 35-15-3 of the General Laws in Chapter 35-15 entitled "Savings Bond Program" is hereby amended to read as follows:

35-15-3. Creation and duties of advisory board -- (a) The state of Rhode Island savings bond advisory board is hereby created and established to perform the duties and exercise the powers listed in this section. Pursuant to the powers delegated to the department of the treasury, the department shall have the responsibility for supervising, organizing, and evaluating the advisory board and the savings bond program. The advisory board shall consist of the general treasurer, the commissioner of higher education, the director of administration, and the executive director of the Rhode Island housing and mortgage finance corporation or their respective designees, and four (4) additional members to be appointed as follows: the governor, the lieutenant governor, the majority leader president of the senate, and the speaker of the house of representatives shall each appoint one member. The governor, the lieutenant governor, majority leader president of the senate, and the speaker of the house of representatives shall select members on the basis of their knowledge, skill, and experience in the fields of business, education, housing, or finance. The general treasurer shall serve as chairperson of the advisory board, and the advisory board shall elect one of its members as vice-chairperson and another as secretary-treasurer. The appointed members of the advisory board first appointed shall serve for terms expiring on June 30, 1991, or until their successors have been appointed and have qualified. Following this determination, each member shall swear or solemnly affirm to administer the duties of office faithfully and impartially, indicating by date when the term of the member shall expire. Upon the expiration of the term of any appointed member, the successor member shall be appointed for a term of three (3) years or until a successor has been appointed and has qualified. Any vacancy shall be filled in the manner of the original appointment for the remainder of the unexpired term. The members shall receive no compensation for the performance of their duties, but each member shall be reimbursed for reasonable expenses incurred in carrying out and performing their duties under this chapter.

(b) The advisory board shall have the following responsibilities and duties:

(1) To implement the Rhode Island savings bond program;

(2) To the extent permitted by federal and state laws, to develop and conduct marketing and advertising campaigns for the savings bonds and other instruments;

(3) To make recommendations to the governor, the general treasurer, and the budget office regarding the terms and conditions of the offering of savings bonds, including methods by which the offering may be conducted;

(4) To advise the governor, the general treasurer, and the department of administration regarding minimum denominations, maturity dates, and increments of the savings bonds; and

(5) To make reports to the general assembly annually.

SECTION 74. Section 35-16-7 of the General Laws in Chapter 35-16 entitled "Revenue Estimating Conferences" is hereby amended to read as follows:

35-16-7. Two year budget cycle study -- The budget office, the house fiscal advisor, and the senate fiscal advisor along with the house and senate fiscal staff and legal counsel shall study the feasibility and benefits of adopting a two (2) year budget cycle, and shall report in writing to the governor, the speaker of the house of representatives, and the senate majority leader president of the senate on or before January 2, 1994. The report shall address not only the benefits, if any, but also any disadvantages and/or legal impediments, constitutional and/or statutory, to adopting such a budget cycle.

SECTION 75. Section 35-18-3 and 35-18-4 of the General Laws in Chapter 35-18 entitled "Public Corporation Debt Management" is hereby amended to read as follows:

35-18-3. Approval by the general assembly. [Effective January 1, 2001.] -- (a) No elected or appointed state official may enter into any financing lease or into any guarantee with any person without the prior approval of the general assembly unless:

(1) Total payments under the financing lease or guarantee will not exceed the sum of four million dollars ($4,000,000);

(2) [Expired pursuant to P.L. 1994, ch. 148, section 2.]

(3) The governor certifies that federal funds will be available to make all of the payments which the state is or could be obligated to make under the financing lease or guarantee; or

(4) The general assembly has adjourned for the year with the expectation that it will not meet again until the following year and the governor certifies that action is necessary, because of events occurring after the general assembly has adjourned, to protect the physical integrity of an essential public facility, to ensure the continued delivery of essential public services, or to maintain the credit worthiness of the state in the financial markets.

(b) No bonds may be issued or other obligation incurred by any public corporation to finance, in whole or in part, the construction, acquisition, or improvement of any essential public facility without the prior approval of the general assembly, unless:

(1) Total payments under the bonds or other obligation will not exceed the sum of four million dollars ($4,000,000);

(2) [Expired pursuant to P.L. 1994, ch. 148, section 2.]

(3) The governor certifies that federal funds will be available to make all of the payments required to be made by the public corporation in connection with the bond or obligation; or

(4) The general assembly has adjourned for the year with the expectation that it will not meet again until the following year and the governor certifies that action is necessary, because of events occurring after the general assembly has adjourned, to protect the physical integrity of an essential public facility, to ensure the continued delivery of essential public services, or to maintain the credit worthiness of the state in the financial markets.

(c) In addition to, and not by way of limitation on, the exemptions provided in subsections (a) and (b), prior approval by the general assembly shall not be required under this chapter for bonds or other obligations issued by, or financing leases or guarantee agreements entered into by:

(1) Any public corporation in connection with the financing of any economic development project; provided, however, that the outstanding principal balance of moral obligation bonds issued by all public corporations in connection with economic development projects shall not exceed at any one time the sum of two hundred fifty million dollars ($250,000,000);

(2) The Rhode Island clean water finance agency;

(3) The Rhode Island housing and mortgage finance corporation;

(4) The Rhode Island student loan authority;

(5) Any public corporation to refund any bond or other obligation issued by the public corporation to finance the acquisition, construction, or improvement of an essential public facility provided that the governor certifies that the refunding shall provide a net benefit to the issuer; provided, however, obligations of the Rhode Island resource recovery corporation outstanding on July 31, 1999, may be refunded by the issuance of obligations on or before August 1, 1999, and the state through appropriate state and elected officials, including, but not limited to, the attorney general, the director of the department of administration and the chairman of the state properties committee, and the Rhode Island resource recovery corporation may enter into, approve, or extend, any financing lease, guarantee, or guarantee lease similar to the existing lease arrangements between the state and the Rhode Island resource recovery corporation in effect on August 1, 1997, and any financing lease, guarantee, or guarantee lease, or extension thereof, shall be exempt from the provisions of this chapter;

(6) The Narragansett Bay water quality management district commission; and

(7) The Rhode Island health and educational building corporation, except bonds or other obligations issued in connection with the acquisition, construction, or improvement of any facility used by any state agency, department, board, or commission, including the board of governors for higher education, to provide services to the public pursuant to the requirements of state or federal law, and all fixtures for any of those facilities.

(d) Nothing contained in this section applies to any loan authorized to be borrowed under Article VI, section 16 or 17 of the Rhode Island Constitution.

(e) Nothing in this section is intended to expand in any way the borrowing authority of any public corporation under its charter.

(f) (1) Any certification made by the governor under subsection (a), (b), or (c) of this section may be relied upon by any person, including without limitation, bond counsel.

(2) The certifications shall be transmitted to the speaker of the House and the majority leader president of the Senate with copies to the chairpersons of the respective finance committees and fiscal advisors.

(g) Except as provided for in this chapter, the requirements of this chapter supersede any other special or general provision of law, including any provision which purports to exempt sales or leases between the state and a public corporation from the operation of any law.

35-18-4. Procedure. [Effective January 1, 2001.] -- (a) A financing lease, guarantee, bond, or other obligation shall be deemed to have been approved by the general assembly when the general assembly passes a concurrent resolution of approval regarding the financing lease, guarantee, bond, or other obligation which the governor or a public corporation, as the case may be, requests that the financing lease, guarantee, bond, or other obligation be approved by the general assembly. These requests shall be transmitted to the speaker of the House and the majority leader president of the Senate with copies to the chairpersons of the respective finance committees and fiscal advisors. The request for approval shall include:

(1) A full description of the essential public facility to which the financing lease, guarantee, bond, or other obligation is related;

(2) An explanation as to why the facility is needed and how it will be paid off; and

(3) The maximum possible obligation of the state or of any public corporation under the financing lease, guarantee, bond, or other obligation.

(b) The governor shall provide the general assembly with a timely explanation of any certification made by him or her pursuant to this chapter in connection with any financing lease, guarantee, bond, or other obligation. These explanations shall be transmitted to the speaker of the House and the majority leader president of the Senate with copies to the chairpersons of the respective finance committees and fiscal advisors. The explanation shall also include:

(1) A full description of the essential public facility to which the financing lease, guarantee, bond, or other obligation is related;

(2) An explanation as to why the facility is needed and how it will be paid off; and

(3) The maximum possible obligation of the state or of any public corporation under the financing lease, guarantee, bond, or other obligation.

(c) The state shall not enter into any financing lease or guarantee relating to, nor shall any public corporation issue any bond or other obligation in connection with, any essential public facility unless the facility conforms to the description included in the request for approval or in the explanation for certification submitted by the governor in connection with the financing lease, guarantee, bond, or other obligation; nor shall the state's obligation in connection with the financing lease, guarantee, bond, or other obligation exceed the amount set forth in the request for approval or explanation of certification.

(d) Immediately following the first sale of each issue of moral obligation bonds in connection with the financing of an economic development project, the governor shall provide the general assembly with copies of any offering statement for those bonds and his or her analysis of the benefits and risks to the state of the project.

SECTION 76. Section 36-4-16 of the General Laws in Chapter 36-4 entitled "Merit System" is hereby amended to read as follows:

36-4-16. Unclassified pay plan board -- Composition -- (a) There is hereby created a permanent agency of government to be known as the unclassified pay plan board. The board shall consist of seven (7) members:

(1) Two of whom shall be from the house of representatives, to be appointed by the speaker;

(2) Two of whom shall be from the senate, to be appointed by the majority leader president of the senate; and

(3) Three of whom shall be:

(i) The director of administration, representing the executive branch of the state;

(ii) The state court administrator, representing the judicial branch of the state;

(iii) The general treasurer.

(b) The board shall organize each two (2) years at the call of the speaker of the house of representatives and shall elect a chairperson and such other officers as they deem necessary from among their own membership.

SECTION 77. Section 36-14-8 of the General Laws in Chapter 36-14 entitled "Code of Ethics" is hereby amended to read as follows:

36-14-8. Rhode Island ethics commission -- Establishment -- Members -- Vacancies -- Quorum -- Compensation and quarters -- (a) There is hereby established an independent and nonpartisan Rhode Island ethics commission composed of nine (9) members appointed by the governor. The majority leader president of the senate, the minority leader of the senate, the speaker of the house of representatives, the majority leader of the house of representatives, and the minority leader of the house of representatives shall, within twenty (20) days of July 21, 1992, each submit to the governor a list of names of at least five (5) individuals. The governor shall, within forty (40) days of July 21, 1992, appoint one individual from each of the lists so submitted and four (4) individuals without regard to the lists submitted by the legislative leaders.

(b) Members of the commission shall serve for terms of five (5) years, except that, of the members first appointed:

(1) The individual appointed from the list submitted by the majority leader of the house of representatives shall serve for one year;

(2) The individuals appointed from the lists submitted by the minority leader of the senate and one of the individuals appointed by the governor without regard to the lists submitted by the legislative leaders shall serve for two (2) years;

(3) The individual appointed from the list submitted by the minority leader of the house of representatives and one of the individuals appointed by the governor without regard to the lists submitted by the legislative leaders shall serve for three (3) years;

(4) The individual appointed from the list submitted by the majority leader president of the senate and one of the individuals appointed from the list submitted by the minority leader of the house of representatives shall serve for four (4) years; and

(5) The individual appointed from the list submitted by the speaker of the house of representatives and one of the individuals appointed from the list submitted by the minority leader of the senate shall serve for five (5) years.

(c) No member shall be appointed for more than one full five (5) year term; provided, however, that each member shall continue to serve until his or her successor is appointed and qualified; and, provided further, that if, at the time of the expiration of any member's term, that member is actively engaged in the adjudication of a complaint, he or she shall continue to serve in that capacity until the commission has completed its responsibilities with respect to that complaint.

(d) The governor shall, at the time of the initial appointments to the commission, designate one member to act as chairperson of the commission for a period of one year and another to act as vice chairperson of the commission for a period of one year. Thereafter, the commission shall elect a chairperson and a vice chairperson. The vice chairperson shall act as chairperson in the absence of the chairperson or in the event of a vacancy in that position.

(e) Any vacancy on the commission, occurring for any reason prior to the expiration of the term, shall be filled for the unexpired term by the appointing authority in the same manner as the original appointment within thirty (30) days of the vacancy occurring.

(f) No individual, while a member or employee of the commission, including any legal counsel engaged by the commission, shall:

(1) Hold or campaign for any other public office;

(2) Hold office in any political party or political committee;

(3) Participate in or contribute to any political campaign;

(4) Directly or indirectly attempt to influence any decision by a governmental body, other than as the duly authorized representative of the commission on a matter within the jurisdiction of the commission;

(5) Have held elective public office or have been a candidate for elective public office for a one year period prior to appointment.

(g) The governor shall declare vacant the position on the commission of any member who takes part in activities prohibited by subsection (f) of this section. An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member he or she succeeds, and is eligible for appointment to one full five-year term thereafter. Any vacancy occurring on the commission shall be filled within thirty (30) days in the manner in which that position was originally filled.

(h) For any action to be taken under the terms of this chapter by the full commission, five (5) members of the commission shall constitute a quorum.

(i) Commission members shall receive one hundred dollars ($100) per day as compensation for attendance at meetings of the commission or of any investigating committee or adjudicative panel of the commission, but not to exceed the sum of six thousand dollars ($6,000) annually as compensation of each member.

(j) All departments and agencies of the state or of any city or town or political subdivision within this state shall furnish such advice or information documentary or otherwise, to the commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this chapter.

(k) The director of administration is hereby authorized and directed to provide suitable quarters for the commission.

(l) When commission members act in good faith within the scope of their authority and in their official capacities they shall be afforded protection against civil liability as provided in section 9-1-31.1.

SECTION 78. Section 37-6-1 of the General Laws in Chapter 37-6 entitled "Acquisition of Land" is hereby amended to read as follows:

37-6-1. State properties committee -- Composition -- There is hereby created and established a committee to be known as the state properties committee to act in cooperation with the departments, boards, bureaus, commissions, and agencies of the state for the purpose of acquiring, administering, and disposing of interests in land and other real property for the improvement of the administration of the state government, the advancement of commerce, and the protection and improvement of the health, welfare, and safety of the inhabitants of this state. The committee shall be composed of the: state's chief purchasing officer, as chairperson, serving ex-officio; the attorney general, serving ex-officio; a representative of the department of administration to be designated by the director; one member representing the public; one member of the house of representatives appointed by the speaker; and one member from the senate appointed by the majority leader president of the senate representing the general assembly. However, any of the ex-officio members, including the chairperson, may from time to time designate a subordinate, from within his or her department or division, as a substitute member of the committee, in his or her stead, by filing a written notice thereof, in the office of the secretary of state. Any designation may be revoked at any time by filing a written revocation in the secretary of state's office. The public member shall be appointed by the governor to serve for a term of three (3) years and until his or her successor is appointed and qualified, the appointment to be made for a term commencing March 1, 1961, and each third year thereafter. The public member shall be paid a daily rate of pay to be determined by the chairperson for each day in actual attendance at meetings and special business called by the chairperson.

SECTION 79. Section 37-18-5 of the General Laws in Chapter 37-18 entitled "Narragansett Indian Land Management Corporation" is hereby amended to read as follows:

37-18-5. Board of directors -- Annual report -- Oath -- Officers -- Quorum and required vote -- Meetings and records -- (a) All the powers of the corporation shall be vested in the board of directors of the corporation. An annual report shall be compiled in accordance with chapter 36 of title 42 and shall also be submitted to the general assembly not later than February 15.

(b) The corporation shall consist of nine (9) directors, five (5) of whom shall be appointed by the Indian corporation, two (2) of whom shall be appointed by the governor (one of whom shall be the director of the department of environmental management or its successor agency or department and who shall serve as nonvoting director and who shall not serve as chairperson), one of whom shall be appointed jointly by the speaker of the house of representatives, and by the majority leader president of the senate, and one of whom shall be appointed by the town council. Two (2) of the directors appointed by the Indian corporation and the director appointed by the town council shall be appointed initially to four (4) year terms. Two (2) of the directors appointed by the Indian corporation and the director appointed jointly by the speaker of the house of representatives and the majority leader president of the senate shall be appointed initially to five (5) year terms. One of the directors appointed by the Indian corporation and the two (2) directors appointed by the governor shall be appointed initially to six (6) year terms. After the initial appointment terms have expired, successor terms for directors shall be for a period of three (3) years, the intention being that one-third ( 1/3) of the board of directors shall be appointed annually. Any member chosen to fill a vacancy occurring otherwise than by expiration of a term shall be appointed only for the remainder of that unexpired term. All members of the board shall be eligible for reappointment.

(c) Each member of the board of directors, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state. No member of the board shall benefit directly or indirectly from any project undertaken by the corporation, other than in his or her capacity as a descendant of an individual listed in P.L. 1880, ch. 800, section 4. The oath shall state:

"I, (naming the person), so solemnly affirm that I will faithfully and impartially discharge my duties as a member of the board of directors of the Narragansett Indian land management corporation according to the best of my abilities, and that I will support the Constitution and laws of this state, and the Constitution of the United States, and I do solemnly promise that I will observe and strictly obey the bylaws, rules, and regulations set down by this commission and do further declare that I entertain no ill will toward any member of this commission. This affirmation I make and give upon the peril of the penalty of perjury."

(d) The board of directors may elect such officers as may be required to conduct the corporation's business.

(e) Five (5) members of the board of directors of the corporation shall constitute a quorum, and a vote of five (5) members of the board of directors shall be necessary for any action taken by the corporation. No vacancy in the membership of the board of directors shall impair the right of a quorum to exercise all the powers and perform the duties of the corporation.

(f) Any action taken by the corporation under the provisions of this chapter may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately. All meetings shall be open to the public, and all records shall be a matter of public record except that if a majority of the board by public vote determines that it would be in the best interest of the corporation to hold an executive session in private, then the board is authorized to transact only the following business at the closed meeting, and the records of the meeting shall not become public record until the transaction discussed has, in the opinion of the directors, been completed:

(1) Any discussions of the job performance, character, physical or mental health of a person or persons, provided that the person or persons affected may require that the discussion be held at an open meeting;

(2) Any discussions or consideration related to the acquisition of real property wherein public information would be detrimental to the interest of the corporation.

SECTION 80. Section 38-3-3 of the General Laws in Chapter 38-3 entitled "Public Records Administration" is hereby amended to read as follows:

38-3-3. Public records administration program -- (1) The public records administration program shall be organized as deemed necessary by the secretary of state for the proper discharge of its duties and responsibilities under this chapter. All personnel, furnishings, equipment, finances, property, and contractual arrangements of the public records administration shall be the responsibility of the secretary of state.

(2) There shall be a public records advisory commission consisting of seventeen (17) members, one of whom shall be a member of the senate chosen by the senate majority leader, president of the senate, one of whom shall be a member of the house of representatives chosen by the speaker of the house, six (6) of whom shall be chosen by the governor, and seven (7) of whom shall be chosen by the secretary of state. The secretary of state or designee shall serve as a permanent member of the commission. The state archivist shall serve as a permanent member of the commission. The appointments shall consist of persons who are qualified by training and experience with proven interest in historical records and public records management. In the first instance, five (5) members shall be appointed for a one year term, two (2) by the governor and three (3) by the secretary of state; five (5) members shall be appointed for a two (2) year term, one by the speaker of the house, one by the senate majority leader, president of the senate, two (2) by the governor, and one by the secretary of state; five (5) members shall be appointed for a three (3) year term, two (2) by the governor, and three (3) by the secretary of state. The members shall hold office until July 1, in the years in which their respective terms end. Thereafter, prior to July 1, successors shall be appointed to the commission to the members of the commission whose terms expired. Vacancy of a member shall be filled by appointment by the corresponding authority for the remainder of the unexpired terms.

(3) The secretary of state or designee shall serve as the chairperson of the commission. The state archivist or designee shall serve as the secretary of the commission with voting rights.

(4) It shall be the duty of the public records advisory commission to provide professional and technical assistance to the public records administration program, the state archives, and the local governments of the state in all matters relating to the administration of public records. Members of the commission shall serve without pay.

(5) The secretary of state may appoint an administrator of the program and shall establish his or her qualifications other than the professional competence required. The administrator shall coordinate, direct, and administer the activities and responsibilities of the program. The administrator shall serve at the pleasure of the secretary of state.

(6) The program may make and enter into contracts and agreements with other agencies, organizations, associations, corporations, and individuals, or federal agencies as it may determine are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this chapter.

(7) The program shall adopt rules and regulations deemed necessary to carry out its duties and responsibilities under this chapter which rules shall be binding on all agencies and persons affected thereby. The willful violation of any of the rules and regulations adopted by the program shall constitute a misdemeanor.

(8) The program may accept gifts, grants, bequests, loans, and endowments for purposes not inconsistent with its responsibilities under this chapter.

SECTION 81. Section 39-18-2 of the General Laws in Chapter 39-18 entitled "Rhode Island Public Transit Authority" is hereby amended to read as follows:

39-18-2. Authority created -- Composition -- Terms -- Oath -- Officers -- Quorum -- Compensation -- Conflicts of interest -- (a) There is hereby created a body corporate and politic to be known as the "Rhode Island public transit authority".

(b) The authority shall consist of seven (7) members, four (4) of whom shall be appointed by the governor with the advice and consent of the senate; one shall be a member of the senate ex officio appointed by the majority leader president of the senate, one shall be a member of the house of representatives ex officio appointed by the speaker of the house of representatives and one of whom shall be the director of the department of transportation who shall serve as an ex officio member. Forthwith, upon the enactment of this chapter, the governor, with the advice and consent of the senate, shall appoint one member to serve until the first day of April, 1965, one member to serve until the first day of April, 1966, and one member to serve until the first day of April, 1967, and until their respective successors shall be duly appointed and qualified. Ex officio members shall serve during their respective terms of office.

(c) In the month of March 1965, and in the months of March annually thereafter, the governor, with the advice and consent of the senate, shall appoint one member of the authority to serve for a term of three (3) years to succeed the member whose term will then next expire. On or before July 1, 1979, the governor with the advice and consent of the senate, shall appoint the seventh member to serve until the first day of April, 1982 and until his or her respective successor shall be duly appointed and qualified. In the event of a vacancy occurring in the membership, the governor, with the advice and consent of the senate, shall appoint a member for the unexpired term. Any member of the authority shall be eligible for reappointment.

(d) Each member of the authority, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.

(e) The authority shall elect one of its members as chairperson, and shall also elect a secretary.

(f) Four (4) members of the authority shall constitute a quorum and the vote of four (4) members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

(g) The members of the authority appointed by the governor with the advice and consent of the senate shall receive twenty-five dollars ($25.00) per day as compensation for attendance at meetings of the authority, but not to exceed the sum of twenty-five hundred dollars ($2,500) annually as compensation of each member, such amounts to be payable from the revenue of the authority. Ex officio members shall receive no compensation, but all members of the authority shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.

(h) No member of the authority shall be in the employ of, or own any stock in, or be in any way directly or indirectly pecuniarily interested in any railroad corporation, bus, or street railway company, nor shall any member of the authority personally or through a partner or agent render any professional service or make or perform any business contract with or for any company; nor shall any member of the authority, directly or indirectly, receive a commission, bonus, discount, present, or reward from any company.

SECTION 82. Section 39-21-4 of the General Laws in Chapter 39-21 entitled "E-911 Uniform Emergency Telephone System Division" is hereby amended to read as follows:

39-21-4. Advisory commission -- (a) There shall be an E-911 uniform emergency telephone system advisory commission consisting of fourteen (14) members to be appointed in the following manner: five (5) members shall be the director of the department of health or his or her designee, the fire marshal or his or her designee, the colonel of the Rhode Island state police or his or her designee, the state telecommunications director or his or her designee, and the administrator of the division of public utilities and carriers or his or her designee; three (3) members shall be appointed by the speaker of the house: one of whom shall be a member of the house of representatives, and one of whom shall be a representative of the police chiefs' association, and one of whom shall be a representative of the telecommunication services provided that is the primary provider to the E 9-1-1 PSAP; three (3) members shall be appointed by the senate majority leader: president of the senate; one of whom shall be a member of the senate, one of whom shall be representative of the fire chiefs' association, one of whom shall be a representative of the wireless telecommunication industry; and three (3) members shall be appointed by the governor: two (2) of whom shall be representatives of the public, one of whom shall be representative of the Rhode Island league of cities and towns.

(b) Members of the commission shall serve five (5) year terms, except for ex officio members.

(c) The advisory commission may make such recommendations and give such advice to the executive director of the division as it deems appropriate.

SECTION 83. Section 39-23-1 of the General Laws in Chapter 39-23 entitled "Adaptive Telephone Equipment Loan Program Committee" is hereby amended to read as follows:

39-23-1. Committee -- Composition -- There is hereby created a permanent committee to be known as the adaptive telephone equipment loan program committee. This committee shall advise on the program and shall consist of fifteen (15) members, one of whom shall be from the house of representatives, to be appointed by the speaker; one of whom shall be from the senate to be appointed by the senate majority leader president of the senate; one of whom shall be a representative of the telephone company, to be appointed by its chief executive officer; one of whom shall be a representative of the public utilities commission, to be appointed by the chairperson of the public utilities commission; and eleven (11) of whom shall be appointed by the governor as follows: seven (7) consumers, including at least one from each of the following communities: the hard of hearing or deaf community, the speech impaired community, and the neuromuscular impaired community; one professional member who shall be an audiologist, physician or speech pathologist and three (3) members of the general public.

SECTION 84. Section 40-5.1-35 of the General Laws in Chapter 40-5.1 entitled "Family Independence Act" is hereby amended to read as follows:

40-5.1-35. Advisory commission -- (a) There is hereby established a commission to advise the director regarding the program authorized by this chapter. The commission shall consist of thirteen (13) residents of the state;

(1) Two (2) appointed by the speaker of the house of representatives, one appointed by the minority leader of the house of representatives; two (2) appointed by the majority leader president of the senate; and one appointed by the minority leader of the senate; two (2) appointed by the governor; and

(2) Five (5) shall be appointed by a majority of those appointed pursuant to subsection (1); provided, however, that one shall be from an organization representing the business community, one shall be an organization representative of the advocacy community and one shall be from an organization primarily comprised of the recipients of assistance under this chapter or chapter 6 of this title, and two (2) shall be current or former recipients of assistance under this chapter or under chapter 6 of this title; provided further that in making appointments under this subsection those appointed pursuant to subsection (1) shall comply with section 28-5.1-3.1.

(b) Members of the commission shall be appointed in the month of January, each to hold office until the last day of December in the second year of his or her appointment or until his or her successor is appointed by their respective appointing authority and qualified to succeed the member whose term shall next expire.

(c) The commission shall meet annually on or before the second Tuesday in January of each year to elect one of their members as chair and shall meet thereafter at the call of the chair or of any three (3) members of the commission.

SECTION 85. Section 40-8.4-14 of the General Laws in Chapter 40-8.4 entitled "Health Care For Families" is hereby amended to read as follows:

40-8.4-14. Permanent joint committee on health care oversight -- (a) The legislature hereby finds and declares that: (1) access to affordable, quality health care is of concern for all Rhode Islanders, (2) the complexities of the health insurance and health care delivery systems result in inefficiencies, confusion and additional costs for consumers and other participants in the health care system, (3) reform to the health insurance and health care delivery systems is achievable only through an ongoing, focused, directed, and informed effort, and (4) steps taken to reduce the numbers of uninsured Rhode Islanders, enhance the quality of care, contain costs, assure accessibility to services, and promote healthy lifestyles should be monitored, adjusted or expanded as needed. Therefore, there is hereby created a permanent legislative committee to monitor, study, report and make recommendations on all areas of health care provision, insurance, liability, licensing, cost and delivery of services, and the adequacy, efficacy and efficiency of statutes, rules, regulations, guidelines, practices, and programs related to health care or health insurance coverage in Rhode Island.

(b) The committee consists of eight (8) members of the general assembly: four (4) of whom shall be members of the house of representatives, three (3) from the majority party and one of whom shall be from the minority party, to be appointed by, and to serve at the discretion of, the speaker of the house of representatives; and four (4) of whom shall be from the senate, three (3) from the majority party and one of whom from the minority party, to be appointed by, and to serve at the discretion of, the senate majority leader. president of the senate.

(c) The committee shall have co-chairpersons, one appointed by the speaker of the house of representatives and one by the senate majority leader. president of the senate.

(d) The committee may review or study any matter related to the provision of health care services that it considers of significance to the citizens of Rhode Island, including the availability of health care, the quality of health care, the effectiveness and efficiency of managed care systems, the efficiency and the operation of state health care programs, and the availability of improved processes or new technologies to achieve more effective and timely resolution of disputes, better communication, speedier, more reliable and less costly administrative processes, claims, payments, and other matters involving the interaction among any or all of government, employers, consumers of health care, providers, health care facilities, insurers and others. The committee may request information from any health care provider, health care facility, insurer or others. The committee may request and shall receive from any instrumentality of the state, including the department of human services, the department of business regulation, the department of health and department of mental health, retardation, and hospitals, or any other governmental advisory body or commission, including, but not limited to, the governor's advisory council on health, such information and assistance as it deems necessary for the proper execution of its powers and duties under this section, including the annual report of the governor's advisory council on health.

(e) In addition to the notification regarding regulations required under section 40-8.4-10(b), the department of human services shall file with the permanent joint committee on health care oversight a detailed plan for the implementation of the programs created under this chapter by August 1, 2000.

(f) The committee shall have the power to hold hearings, shall meet at least quarterly, may make recommendations to the general assembly, state agencies, private industry or any other entity, and shall report to the general assembly on its findings and recommendations as it determines appropriate.

SECTION 86. Section 40-16-2 and 40-16-4 of the General Laws in Chapter 40-16 entitled "Community Health Centers" are hereby amended to read as follows:

40-16-2. Annual audit -- Any health center receiving funds by virtue of this chapter shall submit to an annual audit of its financial and other records required to substantiate reported numbers of patients served and visits provided, to be conducted by the state auditor general. The auditor general shall annually make a report of the results of the audit to the speaker of the house of representatives, majority leader of the senate the president of the senate , and the director of human services.

40-16-4. Annual report -- Each health center receiving funds pursuant to this section shall submit an annual report on their expenditures, revenues, and patients served by health center categories by October 1 of each year for the prior fiscal year to the speaker of the house of representatives, majority leader of the senate the president of the senate , and director of human services.

SECTION 87. Section 40-17-5 of the General Laws in Chapter 40-17 entitled "Support of Homeless" is hereby amended to read as follows:

40-17-5. Commission established -- (a) There is hereby created a permanent legislative commission to be called the "commission on the homeless" consisting of twenty (20) members: two (2) of whom shall be from the house of representatives, not more than one from the same political party to be appointed by the speaker, of whom two (2) may be members of the general public appointed in lieu of legislative appointments; two (2) of whom shall be from the senate, not more than one from the same political party to be appointed by the majority leader, president of the senate, of whom two (2) may be members of the general public appointed in lieu of legislative appointments; one of whom shall be representative of the general public to be appointed by the governor; one of whom shall be the director of the department of health or his or her designee; one of whom shall be the director of the department of human services or his or her designee; one of whom shall be the director of mental health, retardation, and hospitals or his or her designee; one of whom shall be the director of children, youth, and families or his or her designee; one of whom shall be the director of the Rhode Island housing and mortgage finance corporation or his or her designee; one of whom shall be the mayor of the city of Providence, or his or her designee; one of whom shall be the mayor of Warwick or his or her designee; one of whom shall be the mayor of Woonsocket or his or her designee; one of whom shall be the mayor of Newport or his or her designee; two (2) of whom shall be representatives of shelters for the homeless located in the state to be appointed by the lieutenant governor; one of whom shall be the director of the Providence office of the United States department of housing and urban development, or his or her designee; one of whom shall be the executive director of the association of community mental health centers or his or her designee; one of whom shall be the executive director of the council on domestic violence or his or her designee; one of whom shall be the chairperson of the emergency food and shelter board or his or her designee and whose purpose it shall be to identify the extent of the homeless problem in the state to evaluate programs for the homeless developed by state and local governments and the Providence mental health center; to study and make findings concerning homeless individuals and families in the state of Rhode Island and to make recommendations to the governor and general assembly concerning legislation and programs to assist the homeless.

(b) Forthwith upon the passage of this chapter, the members of the commission shall meet at the call of the governor and organize and shall select from among the members a chairperson. Vacancies in the commission shall be filled in like manner as the original appointment.

(c) The membership of the commission shall receive no compensation for their services but shall be allowed their travel and necessary expenses. The commission may engage such clerical, technical, and other assistance as it may deem necessary, and spend such other funds as is necessary to accomplish its purpose.

(d) The department of human services is hereby directed to provide suitable quarters and staff for the commission.

(e) All departments and agencies of the state shall furnish such advice and information, documentary, and otherwise to the commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this chapter.

SECTION 88. Section 40.1-1-12 of the General Laws in Chapter 40.1-1 entitled "Department of Mental Health" is hereby amended to read as follows:

40.1-1-12. Permanent legislative oversight commission -- There is hereby created a permanent legislative commission entitled "permanent legislative oversight commission on substance abuse treatment" the purpose of which shall be to oversee the implementation and administration of all money and programs in substance abuse treatment in the state and to report to the general assembly with advice and recommendations as to the adequacy, efficacy and efficiency of all statutes, rules, regulations, guidelines, practices, and programs relating to substance abuse treatment and such other related matters as it deems appropriate. The commission shall consist of ten (10) members; five (5) members shall be appointed by the speaker of the house of representatives from among the members of the house of representatives, not more than four (4) of whom shall be from the same political party; three (3) members shall be appointed by the majority leader of the senate president of the senate from among the members of the senate, not more than two (2) of whom shall be from the same political party, and one member (ex officio) shall be the director of MHRH or his or her designee, and one member shall be the director of the department of health in the executive department or his or her designee. The chairperson of the commission shall be appointed by the speaker of the house of representatives. Members of the commission shall serve without compensation, except that they shall be allowed their actual and necessary expenses incurred in the performance of their duties under this section. The commission may request and shall receive from any instrumentality of the state, including the division of substance abuse of the department of mental health, retardation, and hospitals, the department of health in the executive department, department for children, youth, and families, department of human services and other departments as the commission sees fit and from any municipality or any instrumentality thereof, such information and assistance as it deems necessary for the proper execution of its powers and duties under this section. The commission shall meet at least quarterly and shall report at least annually to the general assembly on its findings and recommendations with respect to:

(1) All existing substance abuse treatment programs and

(2) Any matters relating to substance abuse treatment efforts in the state.

SECTION 89. Section 40.1-6-1 of the General Laws in Chapter 40.1-6 entitled "Governor's Council on Mental Health" is hereby amended to read as follows:

40.1-6-1. Creation -- Members -- There is hereby created a council to be known as "the governor's council on mental health". The council shall consist of the director of health, the director of elementary and secondary education, the director of human services, the director of mental health, retardation, and hospitals, the director of corrections, the director of the department of elderly affairs, the director of children, youth, and families, or designees, ex officio and without vote, the chairperson of the Rhode Island advisory council on substance abuse, the attorney general and the mental health advocate, with vote. In addition there shall be twenty-two (22) other members of which eighteen (18) shall be appointed by the governor representing such community interests as medicine, particularly the specialty of psychiatry, psychology, social work, nursing, commerce and/or industry, labor, law, hospitals, voluntary mental health organizations, and community health and welfare planning, and adult and elderly consumers of mental health services and their families, including families of children who are consumers of mental health services, who should have a broad interest in mental health corresponding to the scope of the council's mission and not limited to specific professional or advocacy interests. Not less than fifty percent (50%) of the twenty-two (22) public members shall be individuals who are not state employees or providers of mental health services. There shall be four (4) members of the legislature, two (2) shall be from the senate and shall be appointed by the majority leader of the senate, president of the senate, one from each of the two (2) major political parties, and two (2) shall be from the house of representatives and shall be appointed by the speaker, one from each of the two (2) major political parties.

SECTION 90. Section 40.1-8-1 of the General Laws in Chapter 40.1-8 entitled "Governor's Committee on Mental Retardation" is hereby amended to read as follows:

40.1-8-1. Creation -- Members -- There is hereby created a fourteen (14) member permanent committee to be known as the "governor's committee on mental retardation," hereinafter referred to as the committee; six (6) of whom shall be representatives of non-governmental organizations or groups concerned with education, employment, rehabilitation, welfare, and health, to be appointed by the governor; six (6) of whom shall be representatives of consumers who are mentally retarded; three (3) of whom shall be selected from a list of nominees submitted by the RI ARC, to be appointed by the governor; one of whom shall be from the house of representatives to be appointed by the speaker; and one of whom shall be from the senate to be appointed by the majority leader of the senate president of the senate. The assistant director for developmental disabilities within the department of mental health, retardation, and hospitals shall serve as an ex officio member but shall not be eligible to vote. No employee of any state agency or institution engaged in the care or training of persons who are mentally retarded shall be eligible for appointment to the committee.

SECTION 91. Section 40.1-28-3 of the General Laws in Chapter 40.1-28 entitled "Governor's Council on Substance Abuse" is hereby amended to read as follows:

40.1-28-3. Members. -- (a) The council shall consist of seventeen (17) members; two (2) of whom shall be from the house of representatives, one (1) from each political party, to be appointed by the speaker, to serve for their legislative term; two (2) of whom shall be from the senate, one (1) from each political party, to be appointed by the majority leader president of the senate, to serve for their legislative term; the executive director of the drug and alcohol treatment association and the executive director of the council of community mental health centers; eleven (11) members of the general public, who shall be appointed by, and who shall serve at the pleasure of the governor, and who shall represent such community interests as substance abuse treatment prevention professionals, substance abuse prevention professionals, mental health professionals, education professionals, consumers of substance abuse programs, the judiciary, criminal justice officials and local government officials. Every effort shall be made to ensure that the appointed members represent the cultural diversity of the state. All members shall have demonstrable expertise in, or experience with substance abuse related services in Rhode Island. In addition, the directors, or their designees, of the departments of children, youth and families, corrections, education, health, human services, and mental health, retardation and hospitals, the executive director of the governor's justice commission and the executive director of the division of substance abuse services, shall serve as ex-officio members of the council.

(b) Any vacancy which may occur in the council shall be filled in the same manner as the original appointments.

(c) The governor shall designate one member as the chairperson of the council.

SECTION 92. Section 41-5.1-1 of the General Laws in Chapter 41-5.1 entitled "Commission on Professional Boxing, Wrestling, and Kick Boxing" is hereby amended to read as follows:

41-5.1-1. Composition of commission - Expenses. -- There shall be a commission on professional boxing, wrestling, and kick boxing, consisting of five (5) qualified electors, three (3) of whom shall be appointed by the speaker of the house, not more than two (2) from the same political party, one by the senate majority leader president of the senate, and one by the governor. All members shall serve at the pleasure of the appointing authority. The commission shall serve without compensation, but shall be allowed their travel and necessary expenses in accordance with the rates from time to time established by the legislative department in its rules and regulations and may expend such sums of money as may be appropriated from time to time by the general assembly.

SECTION 93. Section 42-8-24 of the General Laws in Chapter 42-8 entitled "Department of State" is hereby amended to read as follows:

42-8-24. Permanent commission on government information. -- (a) Creation.. - There is hereby created a permanent state commission on government information.

(b) Composition.. - The commission shall consist of ten (10) members: one of whom shall be the governor, or designee; one of whom shall be the secretary of state, or designee; one of whom shall be from the house of representatives, to be appointed by the speaker; one to be appointed jointly by the minority leaders of the house and senate; one of whom shall be from the senate, to be appointed by the majority leader president of the senate; one of whom shall be the Director of State Library Services, or designee; four (4) of whom shall be public members, one to be appointed by the governor, one to be appointed by the secretary of state, one to be appointed by the speaker of the house of representatives, and one to be appointed by the majority leader president of the senate.

(c) Purpose.. - The purpose of said commission shall be to develop and recommend to the general assembly and the secretary of state the implementation of government information systems that are readily accessible to the public, coordinate information exchanges between state agencies and develop training programs for state employees in the use of new technologies.

(d) Election of chairperson.. - The commission will meet no later than September 1, 1992 and elect a chairperson from its members.

(e) Compensation.. - The members shall receive no compensation for their service.

(f) Facilitation of purposes.. - All departments and agencies of the state shall provide any advice, information, documentation and records as the commission deems necessary to facilitate the purposes of this section.

SECTION 94. Section 42-8.2-6 of the General Laws in Chapter 42-8.2 entitled "State Register" is hereby amended to read as follows:

42-8.2-6. Administrative committee of the state register, establishment, composition, powers, and duties. -- The administrative committee of the state register shall consist of the secretary of state, who shall be chairperson, the director of administration or his or her designee, the state controller or his or her designee, a member of the house of representatives or a member of the general public to be appointed by the speaker of the house, and a member of the senate or member of the general public to be appointed by the senate majority leader president of the senate. Every person designated by the speaker of the house of representatives and by the senate majority leader president of the senate shall be appointed for a term of three (3) years. The committee shall prescribe, with the approval of the governor, regulations for carrying out this chapter. The regulations shall provide, among other things:

(1) The manner of certification of copies required to be certified under section 42-8.2-3;

(2) The documents which shall be authorized under section 42-8.2-5 to be published in the state register;

(3) The manner and form in which the state register shall be printed, reprinted, compiled, indexed, bound and distributed;

(4) The number of copies of the state register which shall be printed, reprinted and compiled, the number which shall be distributed without charge to members of the state legislature, officers and employees of the state of Rhode Island or any state agency, for official use, and the number which shall be available for distribution to the public;

(5) The price to be charged for individual copies of and subscriptions to the state register and reprints and bound volumes of it; and

(6) The administrative committee shall allocate expenses for each agency, board, commission or department.

SECTION 95. Section 42-10.1-1 of the General Laws in Chapter 42-10.1 entitled "Public Finance Management Board" is hereby amended to read as follows:

42-10.1-1. Creation - Members. -- (a) There is hereby created a public finance management board to consist of nine (9) members, one of whom shall be the general treasurer or his or her designee, one of whom shall represent the department of administration and shall be appointed by the governor, two (2) of whom shall represent cities and towns and shall be appointed by the general treasurer from a list of five (5) candidates submitted by the league of cities and towns, one of whom shall be a member of the general public who is experienced in the issuance and sale of bonds by public agencies and shall be appointed by the governor, two (2) of whom shall be members of the house of representatives and shall be appointed by the speaker, one from the minority party, and two (2) of whom shall be members of the senate and shall be appointed by the majority leader president of the senate, one from the minority party.

(b) All appointed members shall serve at the pleasure of the appointing authority. A vacancy shall be filled in like manner as the original appointment.

SECTION 96. Section 42-11-10 of the General Laws in Chapter 42-11 entitled "Department of Administration" is hereby amended to read as follows:

42-11-10. Statewide planning program. -- (a) Findings.. - The general assembly finds that the people of this state have a fundamental interest in the orderly development of the state; the state has a positive interest and demonstrated need for establishment of a comprehensive strategic state planning process and the preparation, maintenance, and implementation of plans for the physical, economic, and social development of the state; the continued growth and development of the state presents problems that cannot be met by the cities and towns individually and that require effective planning by the state; and state and local plans and programs must be properly coordinated with the planning requirements and programs of the federal government.

(b) Establishment of statewide planning program.. - (1) A statewide planning program is hereby established to prepare, adopt, and amend strategic plans for the physical, economic, and social development of the state and to recommend these to the governor, the general assembly, and all others concerned.

(2) All strategic planning, as defined in subsection (c) of this section, undertaken by the executive branch for those departments and other agencies enumerated in subsection (g) of this section, shall be conducted by or under the supervision of the statewide planning program. The statewide planning program shall consist of a state planning council, and the office of strategic planning and the office of systems planning of the division of planning, which shall be a division within the department of administration.

(c) Strategic planning.. - Strategic planning includes the following activities:

(1) Establishing or identifying general goals.

(2) Refining or detailing these goals and identifying relationships between them.

(3) Formulating, testing, and selecting policies that will achieve desired objectives.

(4) Preparing long-range or system plans or comprehensive programs that carry out the policies and set time schedules and targets.

(5) Preparing functional short-range plans or programs that are consistent with established or desired goals, objectives, and policies, and with long-range or system plans or comprehensive programs where applicable, and that define intermediate steps toward their accomplishment.

(6) Monitoring the planning of specific projects and designing of specific programs of short duration by the operating departments and other agencies of the executive branch to insure that these are consistent with and carry out the intent of applicable strategic plans.

(7) Reviewing the execution of strategic plans and the results obtained and making revisions necessary to achieve established goals.

(d) State guide plan.. - Components of strategic plans prepared and adopted in accordance with this section may be designated as elements of the state guide plan. The state guide plan shall be comprised of functional elements or plans dealing with land use; physical development and environmental concerns; economic development; human services; and other factors necessary to accomplish the objective of this section. The state guide plan shall be a means for centralizing and integrating long-range goals, policies, and plans. State agencies concerned with specific subject areas, local governments, and the public shall participate in the state guide planning process, which shall be closely coordinated with the budgeting process.

(e) Membership of state planning council.. - The state planning council shall consist of:

(1) The director of the department of administration as chairperson;

(2) The director, policy office, in the office of the governor, as vice-chairperson;

(3) The governor, or his or her designee;

(4) The budget officer;

(5) The director of the office of housing, energy and intergovernmental relations;

(6) The chief of statewide planning, as secretary;

(7) The president of the league of cities and towns or his or her designee and one official of local government, who shall be appointed by the governor from a list of not less than three (3) submitted by the Rhode Island league of cities and towns; and

(8) The executive director of the league of cities and towns;

(9) The speaker of the house or his or her designee;

(10) The senate majority leader president of the senate or his or her designee;

(11) Four (4) public members, three (3) of whom shall be appointed by the governor, and one of whom shall be appointed by the speaker of the house for terms of three (3) years;

(12) Two (2) representatives of a private, nonprofit environmental advocacy organization, one to be appointed by the speaker of the house and one to be appointed by the senate majority leader president of the senate; and

(13) The director of planning and development for the city of Providence.

(f) Powers and duties of state planning council.. - The state planning council shall have the following powers and duties:

(1) To adopt strategic plans as defined in this section and the long-range state guide plan, and to modify and amend any of these, following the procedures for notification and public hearing set forth in section 42-35-3, and to recommend and encourage implementation of these goals to the general assembly, state and federal agencies, and other public and private bodies; approval of strategic plans by the governor;

(2) To coordinate the planning and development activities of all state agencies, in accordance with strategic plans prepared and adopted as provided for by this section;

(3) To review and comment on the proposed annual work program of the statewide planning program;

(4) To adopt rules and issue orders concerning any matters within its jurisdiction as established by this section and amendments to it;

(5) To establish advisory committees and appoint members thereto representing diverse interests and viewpoints as required in the state planning process and in the preparation or implementation of strategic plans. The state planning council shall appoint a permanent committee comprised of:

(i) Public members from different geographic areas of the state representing diverse interests, and

(ii) Officials of state, local and federal government, which shall review all proposed elements of the state guide plan, or amendment or repeal of any element of the plan, and shall advise the state planning council thereon before the council acts on any such proposal. This committee shall also advise the state planning council on any other matter referred to it by the council; and

(6) To establish and appoint members to an executive committee consisting of major participants of a Rhode Island geographic information system with oversight responsibility for its activities.

(g) Division of planning.. - (1) The division of planning shall be the principal staff agency of the state planning council for preparing and/or coordinating strategic plans for the comprehensive management of the state's human, economic, and physical resources. The division of planning shall recommend to the state planning council specific guidelines, standards, and programs to be adopted to implement strategic planning and the state guide plan and shall undertake any other duties established by this section and amendments thereto.

(2) The division of planning shall maintain records (which shall consist of files of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto adopted or issued by the state planning council under this section. The records shall be open to the public.

(3) The division of planning shall manage and administer the Rhode Island geographic information system of land-related resources, and shall coordinate these efforts with other state departments and agencies, including the University of Rhode Island, which shall provide technical support and assistance in the development and maintenance of the system and its associated data base.

(h) Transfer determinations.. - (1) The director of administration, with the approval of the governor, shall make the conclusive determination of the number of positions, personnel, physical space, property, records, and appropriation balances, allocations and other funds of the department of mental health, retardation, and hospitals, department of health, department of human services, department of corrections, department of labor and training, department of environmental management, department of business regulation, department of transportation, department of state library services, Rhode Island Economic Development Corporation, department of elderly affairs, department for children and their families, historical preservation commission, water resources board, and the defense civil preparedness/emergency management agency of the executive department to be transferred to the department of administration in connection with the functions transferred there into by the provisions of this article.

(2) In order to ensure continuity of the strategic planning process of the department specified heretofore, the actual transfer of functions or any part thereof to the department of administration may be postponed after July 1, 1985 until such time as, by executive order of the governor, the transfer herein provided can be put into force and effect but no later than December 31, 1985.

SECTION 97. Section 42-12-19 of the General Laws in Chapter 42-12 entitled "Department of Human Services" is hereby amended to read as follows:

42-12-19. Permanent advisory commission on traumatic brain injuries -- Commission established. -- (a) There is hereby established a permanent advisory commission on traumatic brain injuries.

(b) The purpose of the commission shall be to report on all matters relating to traumatic brain injury in Rhode Island.

(c) The commission shall consist of eleven (11) members who shall serve staggered terms of one, two (2) and three (3) years. They shall meet not less than two (2) times a year and report their findings annually to the governor and forward copies to the senate majority leader president of the senate and speaker of the house of representatives. The members of the commission shall serve without compensation. The commissioners may elect their own officers.

(d) The membership of the commission shall be as follows: the director of the department of mental health, retardation and hospitals or his or her designee; the director of the department of health or his or her designee; the director of the department of human services or his or her designee; the director of the department of education or his or her designee; the chief of neurosurgery at Rhode Island hospital or his or her designee; two (2) members of the Rhode Island chapter of the national head injury foundation; the governor or his or her designee; a person appointed by the governor; the senate majority leader president of the senate or his or her designee; and the speaker of the house or his or her designee.

(e) The first meeting of the members of the commission shall be called to order by the governor or his or her designee within ninety (90) days of June 25, 1986.

SECTION 98. Section 42-17.1-13 of the General Laws in Chapter 42-17.1 entitled "Department of the Environment" [Effective July 1, 2001.] is hereby amended to read as follows:

42-17.1-13. Advisory council on environmental affairs. [Effective July 1, 2001.] -- (a) The advisory council on environmental affairs shall, among other things, advise the governor and the director on matters involving environmental management, environmental protection, natural resources, policies, plans, and goals for the department, identify problems within the various functions of the department, assist the director in the exploration and development of new initiatives, review quarterly, annual, and five (5) year reports prepared by the director, review the interim and final reports prepared by the environmental quality study commission and explore and develop alternatives for the implementation of the goals, initiatives, and directives from the reports. The council shall report to the governor, the general assembly and the director and shall meet not less than once every three (3) months. The members shall meet initially at the call of the governor and shall at their first meeting elect a chairman, secretary and any other officers which are deemed necessary. Council members shall not be compensated for services. Meetings may be called by the chairman or by any five (5) members. The chairman shall establish the agenda for council meetings. The assistant director for planning for the department may provide to the council, following a request, technical assistance, resources and/or support staff.

(b) The council shall consist of eleven (11) members as follows: one member from the Rhode Island senate appointed by the senate majority leader president of the senate; one member from the Rhode Island house of representatives appointed by the speaker of the house of representatives; and nine (9) members from the general public appointed by the governor. The general public members shall have interest in natural resources, environmental management and protection, and/or public or environmental health and may be selected from residential and/or commercial builders or land developers, marine industries, agricultural industries, hunting and sport fishing groups, environmental advocacy groups, conservation groups, academicians, and engineering or consulting firms. The governor shall endeavor to appoint members representing the diverse constituents of the department.

(c) When this chapter takes effect, the governor shall appoint four (4) members who shall serve until the thirtieth day of June, 1991, and five (5) members who shall serve until the thirtieth day of June, 1992, and all to serve until their successors are appointed and qualified. In the month of May, 1991, and in the month of May in each applicable year thereafter, the governor shall appoint successors to the members of the council whose terms shall expire in such year, to hold office commencing on the first day of July in said year for three (3) year terms and until their respective successors are appointed and qualified. The appointees of the senate majority leader president of the senate and the speaker of the house of representatives shall serve until the thirtieth day of June, 1991, and shall serve until their successors are appointed and qualified. In the month of May, 1991, and in the month of May in each applicable year thereafter, the senate majority leader president of the senate shall appoint a successor to the member of the council whose term shall expire in such year to hold office commencing on the first day of July in said year for a three (3) year term and until a successor is appointed and qualified. In the month of May, 1991, and in the month of May in each applicable year thereafter, the speaker of the house of representatives shall appoint a successor to the member of the council whose term shall expire in such year to hold office commencing on the first day of July in said year for a three (3) year term and until a successor is appointed and qualified. Any vacancy which may occur in the council shall be filled by the applicable appointing official for the remainder of the unexpired term

SECTION 99. Section 42-23-2 of the General Laws in Chapter 42-23 entitled "Commission on Interstate Cooperation" is hereby amended to read as follows:

42-23-2. Composition -- Tenure of members. -- (1) The commission on interstate cooperation shall consist of:

(a) The governor, the lieutenant governor, the attorney general, of the house of representatives, ex officios;

(b) Four (4) members of the senate to be appointed by the majority leader president of the senate, not more than three (3) of whom shall be members of the same political party;

(c) Four (4) members of the house of representatives to be appointed by the speaker, not more than three (3) of whom shall be members of the same political party; and

(d) Five (5) qualified electors of the state, not more than four (4) of whom shall be members of the same political party, to be appointed by the governor.

(2) Each member of the commission who holds public office shall serve during his or her term of office and the other members shall serve during the pleasure of the governor.

SECTION 100. Section 42-24-1 of the General Laws in Chapter 42-24 entitled "Commission on Uniform State Laws" is hereby amended to read as follows:

42-24-1. Composition of commission - Expenses. -- There shall be a commission on uniform state laws consisting of seven (7) qualified electors, three (3) of whom shall be appointed by the governor. The remaining members shall be permanent and shall be the director of legislative council or his or her designee, the law revision director of the joint committee on legislative affairs or his or her designee, one senator to be appointed by the senate majority leader president of the senate and one representative to be appointed by the speaker of the house of representatives. The general assembly members of the commission shall be ex officio members with full voting powers. The commission shall also consist of any qualified electors who, because of long service in the case of uniformity of state legislation, shall have been elected life members of the national conference of commissioners on uniform state laws. Beginning on July 1, 1980 the governor shall appoint one member to serve a term of one year, one member to serve a term of two (2) years, one member to serve a term of three (3) years. Terms shall commence with the date of appointment and expire on the 30th day of June thereafter corresponding with the number of years of the term to which appointed. Thereafter appointments shall be made for terms of three (3) years commencing on July 1st in the year of appointment and end on June 30th of the third year thereafter. Any vacancy in the board shall be filled by appointment of the governor for the remainder of the unexpired term. The commission shall continue to assume the duties now performed by this commission in accordance with this chapter and such other duties as may be set forth by the governor or by act of the general assembly. The commission shall serve without compensation, but shall be allowed their travel and necessary expenses in accordance with the rates from time to time established by the legislative department in its rules and regulations and may expend such sums of money as may be appropriated from time to time by the general assembly.

SECTION 101. Section 42-26-6 and 42-26-13 of the General Laws in Chapter 42-26 entitled "Rhode Island Justice Commission" are hereby amended to read as follows:

42-26-6. Criminal justice policy board -- Appointment of members. -- The criminal justice policy board shall consist of:

(1) The attorney general;

(2) The superintendent of the state police;

(3) The public defender;

(4) The director of the department of corrections;

(5) The director of the department of human services;

(6) The director of the department of mental health, retardation, and hospitals;

(7) The chairperson of the state board of regents;

(8) The director of the department for children and their families;

(9) The chief justice of the family court;

(10) The president of the Rhode Island police chiefs association;

(11) One police chief selected by the Rhode Island police chiefs association;

(12) The chief justice of the supreme court;

(13) The presiding justice of the superior court;

(14) The chief judge of the district court;

(15) Seven (7) members of the general assembly; four (4) from the house of representatives at least one of whom shall be a member of the minority to be appointed by the speaker, and three (3) from the senate at least one of whom shall be a member of the minority to be appointed by the majority leader; president of the senate;

(16) The executive director of the Rhode Island league of cities and towns;

(17) The director of health;

(18) The director of the division of fire safety;

(19) One university or college faculty member with a research background in criminal justice appointed by the governor;

(20) Four (4) citizens appointed by the governor;

(21) Three (3) representatives appointed by the governor from community service organizations.

42-26-13. Committee created -- Purpose and composition. -- There is hereby created within the Rhode Island justice commission pursuant to the provisions of section 42-26-7 of this chapter the criminal justice oversight committee for the purpose of maintaining the secure facilities at the adult correctional institutions within their respective population capacities as established by court order, consent decree or otherwise. The criminal justice oversight committee (hereinafter referred to as the committee) shall consist of the following members who shall assemble no less than four (4) times annually or more often at the call of the chairperson or upon petition of a majority of its members:

(1) The presiding justice of the superior court;

(2) The chief judge of the district court;

(3) The attorney general;

(4) The public defender;

(5) The superintendent of state police;

(6) The director of the department of corrections;

(7) The chairman of the parole board;

(8) The executive director of the Rhode Island justice commission;

(9) A member of the governor's staff selected by the governor;

(10) Four (4) members of the general assembly, one of whom shall be appointed by the speaker and one of whom shall be appointed by the senate majority leader president of the senate, one of whom shall be appointed by the house minority leader and one of whom shall be appointed by the senate minority leader.

(11) A qualified elector of this state who shall be appointed by the governor and designated as chairperson of the committee.

(12) A member of the victim's rights group, appointed by the Speaker of the House.

Each member of the committee may appoint a permanent designee to attend committee meetings in his/her absence. A quorum at meetings of the committee shall consist of a majority of its current membership.

SECTION 102. Section 42-35-5.1 of the General Laws in Chapter 42-35 entitled "Administrative Procedures" is hereby amended to read as follows:

42-35-5.1. Regulatory agenda. -- (a) On January 15 and June 15 of each year, each agency shall prepare and file with the governor, the secretary of state, the senate majority leader president of the senate, and the speaker of the house a regulatory agenda which shall contain:

(1) A listing of all rules and orders promulgated since the preceding regulatory agenda, except orders of the human rights commission;

(2) A brief description of the subject area of any rule which the agency expects to prepare or promulgate prior to the filing of the next regulatory agenda including the objectives and legal basis for such rules and approximate schedule for completing action on the rules.

(3) The name and telephone number of an agency official knowledgeable concerning the items identified in subdivision (2).

(b) The secretary of state shall compile the regulatory agendas and provide copies to the public upon request at a cost not to exceed the actual cost of publication.

(c) Each agency shall endeavor to provide copies of its regulatory agenda to parties likely to be affected by proposed rules.

(d) Nothing in this section precludes an agency from considering or acting upon any matter not included in the regulatory agenda nor does it require an agency to consider or act upon any matter listed in the agenda.

SECTION 103. Sections 42-41-6 and 42-41-7 of the General Laws in Chapter 42-41 entitled "Budgeting, Appropriation and Receipt of Federal Monies" are hereby amended to read as follows:

42-41-6. Appropriations not delegated. -- (a) Any federal monies which are received by a state agency after July 1, 1992, which are not otherwise appropriated to that state agency by the annual appropriation acts of the regular session of the general assembly, are hereby appropriated for that state agency for the purpose set forth in such federal grant or receipt, except that no expenditure shall be made from and no obligation shall be incurred against any such federal grant or other federal receipt, which has not been previously appropriated or reappropriated or approved by the governor, the speaker of the house, and the president of the senate majority leader, until that authorization has been transmitted to the state agency to make expenditure therefrom.

(b) State agencies desiring the governor's approval to expend or obligate federal grants or other federal receipts not appropriated or reappropriated by the assembly in the annual appropriation act or supplemental appropriation act shall forward a request to the state budget officer who shall forward a copy to the speaker of the house and the president of the senate majority leader.

42-41-7. Exceptions and exclusions. -- (a) Federal funds receipted by "self supporting" or "proprietary" state agencies that derive all their financing from sources other than the general fund are exempt from the provisions of sections 42-41-5 and 42-41-6. Colleges and universities under the control of the board of governors for higher education are also exempt from these provisions.

(b) Whenever in carrying out any specific project or service the cost of which is to be paid by the federal government, it is necessary for the state to make payment in the first instance subject to reimbursement in full by the federal government, the state controller and the general treasurer are hereby authorized to make such payments upon the receipt of daily authenticated vouchers provided such payments are authorized by the appropriation, reappropriation, or approvals specified in section 42-41-6 above by the governor, speaker of the house, and majority leader president of the state senate.

SECTION 104. Section 42-47-1 of the General Laws in Chapter 42-47 entitled "Commission on State Government Internships" is hereby amended to read as follows:

42-47-1. Creation - Members. -- There is hereby created a commission on state government interns to consist of eleven (11) members, four (4) of whom shall be from the house of representatives to be appointed by the speaker, not more than three (3) from the same political party, two (2) of whom may be members of the general public in lieu of legislative appointments; four (4) of whom shall be from the senate to be appointed by the majority leader of the senate, president of the senate, not more than three (3) from the same political party, two (2) of whom may be members of the general public in lieu of legislative appointments, and three (3) members of the general public to be appointed by the governor. Vacancies shall be filled in like manner as the original appointments. Beginning July 1, 1985, the legislative members of the commission shall be appointed for the legislative biennium of the house from which they were appointed and until their successors are duly appointed and qualified, and the remaining members shall serve at the pleasure of the governor.

SECTION 105. Section 42-51-10 of the General Laws in Chapter 42-51 entitled "Governor's Commission on Disabilities" is hereby amended to read as follows:

42-51-10. State coordinating committee on disability rights. -- The commission shall establish a state coordinating committee on disability rights to advise and assist the commission to implement self evaluation and compliance plans as required by federal and state laws protecting the rights of individuals with disabilities. The committee shall be composed of thirteen (13) members who shall be as follows: one representative of each of the general officers of the state, appointed by that general officer; one representative of the house of representatives, appointed by the speaker of house; one representative of the senate, appointed by the senate majority leader; president of the senate; one representative of the judiciary, appointed by the chief justice of the supreme court; one representative of each of the boards of education, appointed by the chairperson of that board; one representative of the public transit authority, appointed by the chairperson of the authority, and those additional representatives the chairperson of the governor's commission on disabilities may appoint from the executive branch and the general public. Those persons acting as committee members on July 21, 1992 shall continue to so act until their successors are appointed. Each member shall serve at the pleasure of the appointing authority. The chairperson of the governor's commission on disabilities shall preside at meetings of the committee. The executive secretary of the governor's commission on disabilities shall serve as vice chairperson of the committee.

SECTION 106. Section 42-61-1 of the General Laws in Chapter 42-61 entitled "State Lottery" is hereby amended to read as follows:

42-61-1. Lottery commission established. -- (a) There is established a state lottery commission which shall consist of nine (9) members, all of whom shall be citizens and residents of this state; three (3) of whom shall be members of the senate, not more than two (2) from the same political party to be appointed by the majority leader president of the senate; three (3) of whom shall be members of the house of representatives, not more than two (2) from the same political party to be appointed by the speaker of the house; and three (3) of whom shall be representatives of the general public to be appointed by the governor.

(b) The members shall be appointed for terms of three (3) years except for the three (3) members originally appointed by each of the appointing authorities; one shall be appointed for a term of one year, one shall be appointed for a term of two (2) years and one for a term of three (3) years. The members shall annually elect one of them as chairperson of the commission.

(c) Any vacancy on the commission, occurring for any reason prior to the expiration of the term, including but not limited to termination of active membership in the general assembly, shall be filled for the unexpired term by the appointing authority in the same manner as the original appointment.

(d) Any member of the commission may, for cause, be summarily removed from office by the appointing authority, which removal shall be subject to judicial review by the superior court and pending that review the member shall not carry out any duties as a commission member.

(e) The members of the commission shall receive no salaries but shall be allowed reasonable expenses in the performance of their official duties.

SECTION 107. Section 42-63.3-2 of the General Laws in Chapter 42-63.3 entitled "Socially Responsible Corporations" is hereby amended to read as follows:

42-63.3-2. Commission established. -- There shall be created a socially responsible corporations commission. The commission shall consist of nine (9) members: two (2) of whom shall be members of the house of representatives appointed by the speaker, not more than one of whom shall be from the same political party; two (2) of whom shall be members of the senate, appointed by the president of the senate majority leader, not more than one of whom shall be from the same political party; one member of the general public appointed by the speaker; one member of the general public appointed by the governor; one representative of the Rhode Island business community to be appointed by the governor; one representative of a nonprofit community-based service organization to be appointed by the speaker; and one representative of a statewide religious organization to be appointed by the speaker. The commission shall meet at the call of the speaker, who shall appoint the chairperson. Staffing for the commission shall be provided by the office of the speaker. Members of the commission shall serve without compensation.

SECTION 108. Sections 42-63.4-2 and 42-63.4-7 of the General Laws in Chapter 42-63.4 entitled "New Shoreham Tourism Council, Inc." are hereby amended to read as follows:

42-63.4-2. Board of directors. -- The board of directors of the New Shoreham tourism council, inc. shall be comprised of seven (7) members who are residents of New Shoreham as follows: one member of the town council of New Shoreham to be appointed by the governor; one member of the house to be appointed by the speaker; one member of the senate to be appointed by the president of the senate majority leader; two (2) members of the New Shoreham chamber of commerce and two (2) members of the general public to be appointed by the majority of the members appointed by the governor, the speaker and the president of the senate majority leader.

42-63.4-7. Audits. -- The books of the New Shoreham tourism council, inc., as they pertain to the revenues derived from the hotel tax, shall be audited by an independent certified public accountant annually who shall make a report to the speaker of the house of representatives, the majority leader president of the senate, the governor, and the New Shoreham town council.

SECTION 109. Section 42-64-8 of the General Laws in Chapter 42-64 entitled "Rhode Island Economic Development Corporation" is hereby amended to read as follows:

42-64-8. Directors, officers, and employees. -- (a) (1) The powers of the corporation shall be vested in a board of directors consisting of thirteen (13) members. The governor shall serve as a member of the board and as chairperson, ex officio (who shall vote only in the event of a tie). The membership of the board shall consist of eight (8) public members to be appointed by the governor with the advice and consent of the senate, two (2) members from the house of representatives to be appointed by the speaker of the house of representatives, one of whom shall be from the minority party, one member from the senate who shall be appointed by the majority leader president of the senate, and one member of the minority party from the senate who shall be appointed by the majority leader president of the senate. The public member next appointed after August 8, 1996, and each of his or her successors, shall serve as small business ombudsperson, and shall be an owner or principal of a small business doing business and located in this state, which is independently owned and operated and not dominant in this field, and which employs one hundred (100) or fewer persons at the time of his or her appointment. The small business ombudsperson shall advocate all action as Directors that may be necessary and proper to maintain and encourage the continued viability of small businesses in the state. The second public member next appointed after August 8, 1996, and each of his or her successors, shall be a representative of organized labor. The remaining public member shall be appointed on an interim basis by the governor when a project plan of the corporation situated on federal land is disapproved by the governing body of a municipality in accordance with subsection (a)(4) of section 42-64-13. The member shall be the mayor of the municipality within whose borders all or a majority of the project plan is to be carried out, or in a municipality which has no mayor, the member shall be the president of the town or city council. The appointed interim member shall have all the powers of other members of the board only in its deliberations and action on the disapproval of the project plan situated on federal land and within the borders of his or her municipality. Upon final action by the board pursuant to subsection (a)(5) of section 42-64-13, the interim member's term of appointment shall automatically terminate.

(2) The members of the board of directors of the Rhode Island port authority and economic development corporation in office on July 1, 1995 shall continue as directors of the corporation for the remainder of their appointed terms, and thereafter until their successors are appointed to the board of directors and have qualified. Annually during the month of January, the governor shall appoint a member or members to succeed the member or members whose terms will then next expire to serve for a term of four (4) years commencing on the first day of February and then next following, and thereafter until the successors are appointed and qualified. The governor shall appoint the additional member authorized by this act to serve for a term expiring January 31, 1999. The legislative members of the board of directors shall serve as members until the expiration of the balance of the legislative term which they are serving at the time of their appointment to the board of directors, and thereafter until their successors are appointed to the board of directors and have qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, that vacancy shall be filled in the same manner as an original appointment, but only for the remainder of the term of the former member.

(b) The directors shall receive no compensation for the performance of their duties under this chapter, but each director shall be reimbursed for his or her reasonable expenses incurred in carrying out those duties. A director may engage in private employment, or in a profession or business.

(c) The chairperson shall designate a vice chairperson who shall serve at the pleasure of the chairperson. Five (5) directors shall constitute a quorum, and, except as otherwise provided in section 42-64-13, any action to be taken by the corporation under the provisions of this chapter may be authorized by resolution approved by a majority of the directors present and entitled to vote at any regular or special meeting at which a quorum is present. A vacancy in the membership of the board of directors shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the corporation.

(d) The chief executive officer of the corporation shall be executive director of the corporation, appointed by the governor with the advice and consent of the senate. The executive director of the corporation shall be entitled to receive for his or her services any reasonable compensation as the board of directors may determine.

(e) The board of directors shall appoint a secretary and such additional officers and staff members as they shall deem appropriate and shall determine the amount of reasonable compensation, if any, each shall receive. The board of directors may vest in the executive director or the director's subordinates the authority to appoint additional staff members and to determine the amount of compensation each individual shall receive.

(f) No full-time employee shall during the period of his or her employment by the corporation engage in any other private employment, profession or business, except with the approval of the board of directors.

(g) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a director, officer, or employee of any financial institution, investment banking firm, brokerage firm, commercial bank, trust company, building-loan association, architecture firm, insurance company, or any other firm, person, or corporation to serve as a director of the corporation, nor shall any contract or transaction between the corporation and a financial institution, investment banking firm, brokerage firm, commercial bank, trust company, building-loan association, architecture firm, insurance company, or other firm, person, or corporation be void or voidable by reason of that service as director of the corporation. If any director, officer, or employee of the corporation shall be interested either directly or indirectly, or shall be a director, officer, or employee of or have an ownership interest (other than as the owner of less than one percent (1%) of the shares of a publicly-held corporation) in any firm or corporation interested directly or indirectly in any contract with the corporation, that interest shall be disclosed to the corporation and set forth in the minutes of the corporation, and the director, officer, or employee having that ownership interest shall not participate on behalf of the corporation in the authorization of that contract. Interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors of the corporation which authorizes the contract or transaction.

(h) Any action taken by the corporation under the provisions of this chapter may be authorized by vote at any regular or special meeting, and each vote shall take effect immediately. All meetings shall be open to the public and all records shall be a matter of public record except that if a majority of the board of directors decides that it would be in the best interests of the corporation and the state to hold an executive session in private, then the board of directors is authorized to transact any business it deems necessary at that executive session in private, and the record of the executive session shall not become a matter of public record until the transaction discussed has in the opinion of the board of directors been completed.

(i) The board of directors may designate from among its members an executive committee and one or more other committees each of which, to the extent authorized by the board of directors, shall have and may exercise all of the authority of the board of directors, but no executive committee shall have the authority of the board of directors in reference to the disposition of all or substantially all of the property and assets of the corporation, amending the by-laws of the corporation, exercising the condemnation power conferred upon the corporation by section 42-64-9 or taking actions described or referred to in section 42-64-13(a).

(j) Any action required by this chapter to be taken at a meeting of the board of directors, or any action which may be taken at a meeting of the board of directors, or committee of the board of directors, may be taken without a meeting if a consent in writing, setting forth the action to be taken, shall be signed before or after that action by all of the directors, or all of the members of the committee, as the case may be.

(k) Employees of the corporation shall not, by reason of their employment, be deemed to be employees of the state for any purpose, any other provision of the general laws to the contrary notwithstanding, including, without limiting the generality of the foregoing, chapters 29, 39, and 42 of title 28 and chapters 4, 8, 9, and 10 of title 36.

SECTION 110. Section 42-66-7 of the General Laws in Chapter 42-66 entitled "Elderly Affairs Department" is hereby amended to read as follows:

42-66-7. Advisory commission on aging. -- (a) Within the department of elderly affairs there shall be an advisory commission on aging consisting of twenty-five (25) members, four (4) of whom shall be from the general assembly as hereinafter provided, and twenty-one (21) of whom shall be appointed by the governor, thirteen (13) of whom shall be elderly consumers representative of that segment of the population. In the case of members of the commission appointed by the governor, they shall be chosen and shall hold office for three (3) years, except that in the original appointments, seven (7) members shall be designated to serve for one year, seven (7) members shall be designated to serve for two (2) years and seven (7) members shall be designated to serve for three (3) years, respectively, and until their respective successors are appointed and qualified. In the month of February in each year the governor shall appoint successors to the members of the commission whose terms shall expire in such year to hold office until the first day of March in the third year after their appointment and until their respective successors are appointed and qualified.

(b) The four (4) members from the general assembly shall be appointed, two (2) from the house of representatives by the speaker, one from each of the two (2) major political parties, and two (2) from the senate by the majority leader senate by the president of the senate, one each from the two (2) major political parties, each to serve until the thirty-first day of December in the second year of the term to which the member has been elected. Any vacancy which may occur in the commission shall be filled in like manner as the original appointment, for the remainder of the unexpired term.

(c) The members of the commission at the first meeting shall elect a chairperson and such other officers as they may deem necessary. The commission shall meet at the call of the governor or the chairperson and shall make suggestions to and advise the governor or the director concerning the policies and problems confronting the aged and aging of the state. The members of the commission shall serve without compensation but shall be compensated for their necessary and actual traveling expenses in the performance of their official duties.

SECTION 111. Section 42-66.3-8 of the General Laws in Chapter 42-66.3 entitled "Home and Community Care Services to the Elderly" is hereby amended to read as follows:

42-66.3-8. Home and community care advisory committee. -- (a) There is established a permanent state committee to be known as the home and community care services advisory committee established for the purpose of advising the director of elderly affairs relative to the needs and concerns of home and community care services care recipients. The commission shall consist of fifteen (15) members, three (3) of whom shall be members of the American association of retired persons to be appointed by the speaker of the house; one of whom shall be a member of the national retired teachers association to be appointed by the senate majority leader president of the senate; one of whom shall be the director of human services or his or her designee; one of whom shall be the auditor general or his or her designee; one of whom shall be the executive director of the visiting nurses association of Rhode Island or his or her designee; three (3) of whom shall be representatives of the visiting nurses agencies within the state, one to be appointed by the senate majority leader president of the senate, one to be appointed by the senate minority leader; and one to be appointed by the speaker; three (3) of whom shall be representatives of home and community care services, two (2) to be appointed by the speaker of the house, and one to be appointed by the house minority leader; one of whom shall be a third party insurer to be appointed by the senate majority leader president of the senate; and one of whom shall be the director of health or his or her designee.

(b) The members of the committee shall meet at the call of the speaker of the house and organize and shall select from among themselves a chairperson. Vacancies in the committee shall be filled in the same manner as the original appointment. The membership of the committee shall receive no compensation for their services, but shall be allowed their travel and necessary expenses. The committee may engage any clerical, technical and other assistance as it may deem necessary, and spend those other funds as are necessary to accomplish its purpose.

(c) All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the committee and its agents as is deemed necessary or desirable by the committee to facilitate the purposes of this chapter.

(d) The director of administration is authorized and directed to provide suitable quarters for the committee.

SECTION 112. Section 42-72-1 of the General Laws in Chapter 42-72 entitled "Children, Youth, and Families Department" is hereby amended to read as follows:

42-72-1. Establishment of department - Director. -- (a) There is established within the executive branch of state government a department of children, youth, and families.

(b) The head of the department shall be the director of children, youth and families, who shall be a person qualified by training and experience to perform the duties of the office, in accordance with section 42-72-4.

(c) The director shall be in the unclassified service, appointed by the governor with the advice and consent of the senate, and shall hold office for a term of four (4) years and shall continue to hold office until his or her successor is appointed and qualified. The director shall receive a salary as provided by law.

The director is further authorized and directed to provide to the governor, the speaker of the house and the senate majority leader president of the senate, no later than October 1, 1991, a comprehensive and detailed plan to restructure the department of children, youth, and families. The plan will be developed in close cooperation with the special legislative task force to investigate the department of children, youth, and families.

SECTION 113. Section 42-73-2 of the General Laws in Chapter 42-73 entitled "Child Advocate Office" is hereby amended to read as follows:

42-73-2. Appointment and term. -- The governor, with the advice and consent of the senate, shall appoint a member of the bar of this state who has been admitted to practice law for at least three (3) years to fill the office of the child advocate, who shall be a person qualified by training and experience to perform the duties of the office as set forth in section 42-73-7. The appointment shall be made from a list of at least three (3) persons prepared and submitted by a committee consisting of two (2) attorneys appointed by the Rhode Island bar association; two (2) judges of the family court appointed by the chief judge; one medical doctor appointed by the Rhode Island medical society; one psychologist appointed by the Rhode Island psychological association; a house member appointed by the speaker; a senate member appointed by the senate majority leader; president of the senate; one social worker appointed by the Rhode Island alliance of social service employees; one person appointed as a representative of private children's agencies by the governor; one person representing the general public appointed by the governor; and one person appointed by the director of the department of human services. The person appointed child advocate shall hold office for a term of five (5) years and shall continue to hold office until his or her successor is appointed and qualified.

SECTION 114. Section 42-74-1 of the General Laws in Chapter 42-74 entitled "Children's Code Commission" is hereby amended to read as follows:

42-74-1. Children's code commission. -- (a) There shall be a continuing children's code commission charged with the duty of studying, revising, and codifying, if possible, all laws affecting the health and welfare of children.

(b) The children's code commission shall consist of twenty-one (21) members, each of whom shall serve a two-year term, expiring on the second anniversary of each individual's appointment or on the date that their respective successors are appointed and qualified, whichever is later. The membership of the children's code commission shall consist of three (3) members of the senate not more than two (2) from the same political party and three (3) members of the house of representatives not more than two (2) from the same political party to be appointed by the senate majority leader president of the senate and the speaker of the house of representatives, respectively; the director of the department of children, youth, and families, or his or her designee; the director of the department of human services, or his or her designee; the director of the department of health, or his or her designee; the director of the department of education, or his or her designee; nine (9) members of the community at large to be appointed by the governor for their interest and expertise in the field under consideration; the child advocate for the state, or his or her designee, and the chief judge of the family court, or his or her designee. The committee shall select one of its members as chairperson.

(c) The children's code commission shall meet at least twelve (12) times a year and shall be charged with delivering on or before December 15 of each calendar year its report to the governor and the legislature regarding its findings for that calendar year. The commission's annual report shall include, but not be limited to, its recommendations for revisions, amendments, additions, or consolidation of the laws affecting children to insure that these laws promote, safeguard, and protect the well-being of children.

SECTION 115. Section 42-75.1-3 of the General Laws in Chapter 42-75.1 entitled "Voluntary Support of Arts and Tourism" is hereby amended to read as follows:

42-75.1-3. Rhode Island arts and tourism subcommittee. -- (a) The Rhode Island arts and tourism subcommittee is created within the Rhode Island Council on the Arts and shall have access to and control of the monies appropriated for the arts and tourism development subcommittee for the purposes of subsection (b) of section 42-75.1-2.

(b) The subcommittee shall consist of eleven (11) members of the general public, five (5) of whom shall be appointed by the governor; three (3) of whom shall be appointed by the speaker of the house; and three (3) of whom shall be appointed by the senate majority leader president of the senate.

(c) From this membership there shall be elected annually a chairperson, vice-chairperson, secretary, and treasurer. The chairperson of the subcommittee shall be a voting member of the Rhode Island Council on the Arts. The subcommittee members shall meet from time to time as may be required to study and consider any and all proposals and grant requests, and to approve or reject them by a majority vote of a quorum of the subcommittee members so designated. The subcommittee's authority would include, but not necessarily be limited to, the determination of eligibility requirements for recipients, application procedures for grants, the process of awarding grants and the accountability of grant recipients.

SECTION 116. Section 42-77.1-1 of the General Laws in Chapter 42-77.1 entitled "Black Achievers Commission" is hereby amended to read as follows:

42-77.1-1. Commission established. -- There is established a black achievers commission to consist of thirteen (13) members: one of whom shall be designated chairperson and shall be appointed by the speaker of the house; one of whom shall be designated co-chairperson and shall be appointed by the senate majority leader president of the senate; and one of whom shall also be designated as co-chairperson and shall be appointed by the governor. The chairperson shall select four (4) persons to serve on the commission. Each co-chairperson shall select three (3) persons to serve on the commission. Those persons selected to serve on the commission shall be members of Rhode Island's professional business community.

The commission shall engage the participation and cooperation of Rhode Island's entire professional and business community. The commission shall establish, maintain, develop and promote cultural ties among members of the minority community and shall focus on encouraging minority youths to take special interest in educational, social, economic, and other growth in the community by providing educational and informational programs to minority youths. The commission shall also recognize as "black achievers" those individuals who merit recognition as black leaders in their community and/or profession. The commission members shall be appointed for terms of two (2) years each.

SECTION 117. Sections 42-80-2 and 42-80-5 of the General Laws in Chapter 42-80 entitled "Prejudice and Bias Commission Act" are hereby amended to read as follows:

42-80-2. Commission created - Composition. -- (a) There is created the Rhode Island commission on prejudice and bias, hereinafter called the Rhode Island commission.

(b) The commission shall consist of seventeen (17) members, each of whom shall serve a term of two (2) years, expiring on the first anniversary of each member's appointment or on the date that their respective successors are appointed and qualified, whichever is later. The membership of the commission shall consist of three (3) members of the senate appointed by the senate majority leader president of the senate, not more than two (2) from the same political party; three (3) members of the house of representatives to be appointed by the speaker, not more than two (2) of whom shall be from the same political party; three (3) members of the department of the attorney general to be appointed by the attorney general; one member of the state police to be appointed by the superintendent of state police; one member of a municipal police department to be appointed by the president of the Rhode Island police chiefs association; and six (6) members of the community at large to be appointed by the governor for their interest, expertise and diversity in the field under consideration. The committee shall select one of its members as chairperson.

42-80-5. Report. -- The commission shall prepare and submit a report of its activities to the governor, the speaker of the house of representatives, the majority leader of the senate president of the senate, and the attorney general on or before January 15 of each calendar year. The commission's report shall include, but not be limited to its recommendations for revisions, amendments, additions, or consolidation of the laws regarding prejudice, bias or hatred to insure that these laws safeguard and protect the public.

SECTION 118. Section 42-83-1 of the General Laws in Chapter 42-83 entitled "American and Polish Cultural Exchange Commission" is hereby amended to read as follows:

42-83-1. Commission established. -- There shall be an American and Polish cultural exchange commission to consist of nine (9) members, all of whom shall be American citizens descended from Polish ancestry and residents of the state, three (3) of whom shall be appointed by the speaker of the house of representatives, three (3) of whom shall be appointed by the majority leader of the senate president of the senate and three (3) of whom shall be appointed by the governor. The commission shall establish, maintain, and develop cultural ties between Polish and American people; foster a special interest in the historical and cultural background of both groups, as well as the social and artistic life of the countries involved; and shall help establish or promote Polish language programs in the schools of the state.

SECTION 119. Section 42-84-6 of the General Laws in Chapter 42-84 entitled "Forms Management Center Act" is hereby amended to read as follows:

42-84-6. Reports required. -- On or before December 31 of each year, the director shall submit to the governor, the lieutenant governor, the speaker of the house, the majority leader of the senate president of the senate, and the auditor general a report concerning forms management, which shall include, but need not be limited to, the following:

(1) A detailed statement of the activities and accomplishments of the forms management center during the preceding year;

(2) The director's assessment of the effectiveness of the forms management center in carrying out the duties specified in section 42-84-4; and

(3) The director's recommendations for administrative action, legislation, and/or executive orders as are necessary or desirable to implement the goals of forms management as set forth in section 42-84-1. The recommendations shall include the director's recommendation as to whether the activities of the forms management center should be expanded, modified, or transferred.

SECTION 120. Section 42-91-2 of the General Laws in Chapter 42-91 entitled "Small Business Advocacy Council" is hereby amended to read as follows:

42-91-2. Membership of council. -- (a) The council shall consist of twenty (20) members, ten (10) of whom shall be public members, two (2) to be appointed by the governor, two (2) by the lieutenant governor, two (2) by the speaker of the house, two (2) by the senate majority leader president of the senate, one by the secretary of state, and one by the general treasurer; provided, however, that all of the public members shall be officers, partners, or proprietors of Rhode Island companies that are small businesses as defined by the United States small business administration; one of whom shall be affiliated with a business-related department of a Rhode Island institution of higher learning, to be appointed by the lieutenant governor; one of whom shall be a minority party member of the joint committee on small business, to be appointed by the speaker of the house; one of whom shall be a member of the governor's staff, to be appointed by the governor; and the chairperson of the joint committee on small business, ex officio; the vice-chairperson of the joint committee on small business, ex officio; the director of the department of economic development, or the director's permanent designee, ex officio; the director of the department of labor and training or the director's permanent designee, ex officio; the secretary of state, or the secretary's permanent designee, ex officio; the general treasurer, or the treasurer's permanent designee, ex officio; and the lieutenant governor, ex officio. The lieutenant governor shall serve as chairperson of the council.

(b) One of the public members appointed by each of the appointing authorities shall be appointed to serve until the first day of June, 1987, and the other to serve until the first day of June, 1988; and all members shall serve until their successors are appointed and qualified. In the month of May in any year in which a public member's term of office expires, the respective appointing authorities shall appoint successors to the members whose terms shall expire in that year, to hold office commencing on the first day of June in the year of appointment for a term of three (3) years or until their respective successors are appointed and qualified. Any vacancy of an appointed member which may occur in the council shall be filled by appointment by the respective appointing authority for the remainder of the unexpired term. Ex-officio members shall serve until the end of their term of office; the member of the governor's staff shall serve until the end of the governor's term of office.

(c) The council shall meet at the call of the lieutenant governor and shall elect from among themselves a vice-chairperson, who shall be one of the public members, and a secretary. The council shall meet at least quarterly during each calendar year.

(d) The membership shall receive no compensation for their services. The council may request, through the department of economic development, any clerical and technical assistance it may deem necessary to accomplish its purpose.

SECTION 121. Section 42-98-11 of the General Laws in Chapter 42-98 entitled "Energy Facility Siting Act" is hereby amended to read as follows:

42-98-11. Final hearing -- Standards - Decisions. -- (a) Within forty-five (45) days after the final date for submission of advisory opinions pursuant to section 42-98-10, the board shall convene the final hearing on the application. The purpose of this hearing shall not be to rehear the evidence which was presented previously in hearings before agencies designated under section 42-98-9, but rather to provide the applicant, intervenors, the public, and all other parties in the proceeding, the opportunity to address in a single forum, and from a consolidated, statewide prospective, the issues reviewed, and the recommendations made in the proceedings before the agencies designated under section 42-98-9. The board at this hearing may, at its discretion, allow the presentation of new evidence by any party as to the issues considered by the agencies designated under section 42-98-9. The board may limit the presentation of repetitive or cumulative evidence. The hearing shall proceed on not less than thirty (30) days' notice to the parties and the public, shall be concluded not more than sixty (60) days following its initiation, and shall be conducted expeditiously.

(b) The board shall issue a decision granting a license only upon finding that the applicant has shown that:

(1) Construction of the proposed facility is necessary to meet the needs of the state and/or region for energy of the type to be produced by the proposed facility.

(2) The proposed facility is cost-justified, and can be expected to produce energy at the lowest reasonable cost to the consumer consistent with the objective of ensuring that the construction and operation of the proposed facility will be accomplished in compliance with all of the requirements of the laws, rules, regulations, and ordinances, under which, absent this chapter, a permit, license, variance, or assent would be required, or that consideration of the public health, safety, welfare, security and need for the proposed facility justifies a waiver of some part of the requirements when compliance cannot be assured.

(3) The proposed facility will not cause unacceptable harm to the environment and will enhance the socio-economic fabric of the state.

(c) Within sixty (60) days of the conclusion of the final hearing the board shall issue its final decision on the application. A decision in favor of the application shall constitute a granting of all permits, licenses, variances, or assents which under any law, rule, regulation, or ordinance of the state or of a political subdivision thereof which would, absent this chapter, be required for the proposed facility. The decision may be issued requiring any modification or alteration of the proposed facility, and may be issued on any condition the board deems warranted by the record, and may be issued conditional upon the applicant's receipt of permits required by federal law. The board's decision shall explicitly address each of the advisory opinions received from agencies, and the board's reasons for accepting, rejecting, or modifying, in whole or in part, any of those advisory opinions. The board shall, within ten (10) days of granting a license, with or without conditions, deliver the decision to the speaker of the Rhode Island house of representatives, and the majority leader of the Rhode Island senate president of the Rhode Island senate.

SECTION 122. Section 42-102-2 of the General Laws in Chapter 42-102 entitled "Rhode Island Human Resource Investment Council" is hereby amended to read as follows:

42-102-2. Composition of council. -- The council shall be composed of twenty-seven (27) members of whom no less than one-third (1/3) shall be women as follows:

(1) One shall be appointed by the governor from the nongovernmental sector to serve as chairperson of the council;

(2) Eight (8) shall be appointed by the governor from the employer community, two (2) of whom shall be from the nonprofit sector, and at least two (2) of whom must be women from the following employer groups:

(i) Two (2) from companies with fewer than twenty-five (25) employees;

(ii) Two (2) from companies with twenty-five (25) to two hundred fifty (250) employees;

(iii) Two (2) from companies with more than two hundred fifty (250) employees; and

(iv) Two (2) from minority-owned companies;

(3) Three (3) members from organized labor shall be appointed by the governor;

(4) One member from a community-based organization representing minorities shall be appointed by the governor;

(5) One individual who serves as the chairperson of the governor's commission on disabilities;

(6) Six (6) individuals shall serve on the council by virtue of their respective positions as chairpersons of the following organizations:

(i) Three (3) individuals, who serve as chairpersons of their respective private industry councils;

(ii) One individual who serves as chairperson of the Rhode Island state apprenticeship council; and

(iii) One individual who serves as chairperson of the pathways to independence advisory council;

(7) The senate majority leader president of the senate and the speaker of the house shall appoint one individual each from their respective chambers to become members of the council; and

(8) The directors or commissioners of the following five (5) departments shall serve on the council: employment and training, economic development, human services, elementary and secondary education, and higher education.

(9) The executive director of the Rhode Island economic policy council shall serve on the council.

SECTION 123. Sections 42-105-2 and 42-105-8 of the General Laws in Chapter 42-105 entitled "Newport County Convention and Visitors' Bureau" are hereby amended to read as follows:

42-105-2. Composition. -- (a) The Newport County convention and visitors' bureau shall be comprised of thirteen (13) members who are residents of Newport County as follows: four (4) members of the house of representatives of whom may be members of the general public appointed in lieu of legislative appointments, no more than three (3) from the same political party, selected by the speaker; three (3) members from the senate, no more than two (2) from the same political party, selected by the majority leader president of the senate of whom may be members of the general public appointed in lieu of legislative appointments; one appointed by the governor; one shall be a councilperson chosen by the city council of the city of Newport; one shall be a councilperson chosen by the town council of the town of Middletown; and three (3) public members, who shall be appointed by a majority of the members appointed by the speaker and majority leader president of the senate. Public members shall serve for a term of two (2) years or until a successor is appointed. All other members shall serve at the pleasure of their respective appointing authorities.

(b) The members of the Newport County convention and visitors' bureau shall serve without compensation and shall be residents of Newport County.

(c) The Newport County convention and visitors' bureau shall meet every other month at a time to be designated by the chairperson. Special meetings of the authority may be called by the chairperson in accordance with the open meetings law. The chairperson shall be elected by the membership of the authority.

42-105-8. Audits. -- The books of the Newport County convention and visitors' bureau as they pertain to the revenues derived from the room tax shall be audited by an independent certified public accountant annually who shall make a report to the bureau, the speaker of the house of representatives, the majority leader of the senate president of the senate, the governor, and to each city or town council in Newport County.

SECTION 124. Section 42-106-3 of the General Laws in Chapter 42-106 entitled "Rhode Island Aqua Fund" is hereby amended to read as follows:

42-106-3. Membership of council. -- (a) The advisory council shall consist of twenty-one (21) members; one of whom shall be a representative of an industry that has an environmental impact on Narragansett Bay (hereinafter referred to as "the bay") who has been actively involved in bay issues, to be appointed by the governor; one of whom shall be a commercial fisherman, to be appointed by the governor; one of whom shall be a representative of a waste treatment facility that empties into the bay and that serves a population of less than forty thousand (40,000) to be appointed by the governor; two (2) members of environmental groups with at least one hundred (100) members each and which have been in existence for at least five (5) years each, one of whom shall be appointed by the governor and one of whom shall be appointed by the lieutenant governor; one of whom shall be a member of the general public, to be appointed by the lieutenant governor; three (3) of whom shall be state representatives, not more than two (2) of whom shall be from the same political party, and at least two (2) of whom shall be from bay communities, to be appointed by the speaker; a faculty member of an environmental studies department in an institution of higher education in the state, to be appointed by the speaker; two (2) of whom shall be state senators, not more than one from the same political party, and at least one of whom shall be from a bay community, to be appointed by the senate majority leader president of the senate; a representative of a waste treatment facility which serves a population of greater than forty thousand (40,000), but less than one hundred thousand (100,000) to be appointed by the senate majority leader president of the senate; the director of the department of environmental management, ex officio; the director of statewide planning or the director's designee, ex officio; the chairperson of the coastal resources management council or designee, ex officio; the chairperson of the department of oceanography at the university of Rhode Island or designee, ex officio; the director of the Narragansett Bay commission or the director's designee, ex officio; the president of the Rhode Island league of cities and towns or the president's designee, ex officio; the director of the United States environmental protection agency research laboratory located in the town of Narragansett, or the director's designee, ex officio; and the director of the Narragansett bay project or designee, ex officio.

(b) One each of the members appointed by the governor and the lieutenant governor shall be appointed to serve until the first day of June, 1990, and the others to serve until the first day of June, 1991; one member appointed by the senate majority leader president of the senate shall be appointed to serve until the first day of June, 1990, and the others to serve until the first day of June 1991; one member appointed by the speaker shall be appointed to serve until the first day of June, 1990, and the others to serve until the first day of June, 1991; and all members shall serve until their successors are appointed and qualified. In the month of May in any year in which an appointed member's term of office expires, the respective appointing authorities shall appoint successors for the members whose terms shall expire in that year, to hold office commencing on the first day of June in the year of appointment for a term of three (3) years or until their respective successors are appointed and qualified. Any vacancy of an appointed member which may occur in the advisory council shall be filled by appointment by the respective appointing authority for the remainder of the unexpired term. Ex-officio members shall serve until the end of their term of office.

(c) The councils shall meet at the call of the director of the department of environmental management.

(d) The membership shall receive no compensation for their services. The advisory council may request, through the department of environmental management and the coastal resources management council and statewide planning, any technical and clerical assistance that it may deem necessary to accomplish its purpose. In addition, the state may appropriate from the general fund or turn over to the advisory council by utilizing the procedure outlined in P.L. 1988, ch. 443, section 10(c) not more than fifty thousand dollars ($50,000) in each fiscal year of the proceeds of the aqua fund bonds, which the council may expend for the purpose of engaging any professional and other support staff that it may deem necessary to accomplish its purpose.

SECTION 125. Section 42-109-9 of the General Laws in Chapter 42-109 entitled "Omnibus Substance Abuse Prevention Act" is hereby amended to read as follows:

42-109-9. Legislative oversight commission. -- (a) There is created a legislative commission entitled "Legislative Oversight Commission on Special Substance Abuse Programs", the purpose of which shall be to oversee the implementation and administration of all moneys and programs involving the Benjamin Rush Detox Program, the Driving While Intoxicated Program, and the TASC Program, and to report to the director of the department of health and to the general assembly with advice and recommendations as to the adequacy, efficacy and efficiency of all statutes, rules, regulations, guidelines, practices, and programs relating to those substance abuse programs, and any other matters it deems appropriate.

(b) The commission shall consist of five (5) members: two (2) of whom shall be appointed by the senate majority leader president of the senate as follows: one member who shall be a physician licensed to practice medicine in this state and whose medical practice concentrates on substance abuse treatment and prevention; one member who shall be a registered nurse (R.N.) who is licensed in this state and concentrates in substance abuse treatment and prevention; three (3) of whom shall be appointed by the speaker of the house as follows: one member who shall be a certified chemical dependency professional (C.C.D.P.), one member who shall be clinical supervisor of a private or public substance abuse treatment and prevention clinic; and one member who shall be an executive director of a private or public substance abuse treatment agency; provided, however, that no member of the general assembly shall be appointed to the commission. The chairperson of the commission shall be appointed by the speaker of the house of representatives. Members of the commission shall serve without compensation. The commission may request and shall receive from any instrumentality of the state, including the department of health, department for children, youth and their families, department of human services and other departments as the commission sees fit and from any municipality or any instrumentality thereof, any information and assistance that it deems necessary for the proper execution of its powers and duties under this section. The commission shall meet at least quarterly and shall report at least annually to the general assembly on its findings and recommendations with respect to any matters relating to those substance abuse treatment programs listed herein.

(c) The commission shall operate in conjunction with the permanent legislative oversight commission on substance abuse prevention established pursuant to the provisions of section 16-21.2-9 and with the permanent legislative oversight commission on substance abuse treatment established pursuant to the provisions of section 40.1-1-12; provided, however, that primary oversight of the Benjamin Rush Detox Program, the Driving While Intoxicated Program, and the TASC Program shall be the function of the commission established in this section.

SECTION 126. Section 42-111-1 of the General Laws in Chapter 42-111 entitled "Bay State - Ocean State Compact" is hereby amended to read as follows:

42-111-1. Compact. -- The Bay State -- Ocean State Compact is enacted into law and entered into by this state with all states legally forming therein in the form substantially as follows:

ARTICLE I PURPOSE AND POLICY

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional, educational and lay leadership basis at the state and local levels.

2. Enhance the economic and environmental qualities of the bays system.

3. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of environmental and economic aspects of Narragansett Bay and Mount Hope Bay.

4. Provide a clearing house of information on matters relating to the problems of the bays systems and how they are being met in different places, so that the legislative branch of state government may have ready access to the experience and record of the compact members and so that both lay and professional groups in this field may have additional avenues for the sharing of experience and interchange of ideas in the formation of this public policy.

5. Facilitate the improvement of state and local systems so that all of them will be able to meet adequate and desirable goals which require continuous advancement is related marine opportunities, methods and facilities.

B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of bays systems in a manner which will accord with the needs and advantages of diversity among localities and the states of Rhode Island and the Commonwealth of Massachusetts.

C. The party states recognize that each of them has an interest in the water quality in the other states, as well as in its own marine system.

ARTICLE II STATE DEFINED

As used in the compact, "state" means state of Rhode Island or the Commonwealth of Massachusetts.

ARTICLE III THE COMMISSION

A. The commission of the states, hereinafter called "the commission", is hereby established. The commission shall be comprised of seventeen (17) members, eight (8) members from Rhode Island, eight (8) members from Massachusetts and one member being the northeast regional director of the environmental protection agency or his/her designee. The Rhode Island members shall be the governor or his/her designee, two (2) senators chosen by the senate majority leader president of the senate, one senator chosen by the senate minority leader, two (2) members of the house of representatives chosen by the speaker of the house, one member of the house of representatives chosen by the house minority leader, and one member or other citizen of Rhode Island chosen jointly by the senate majority leader president of the senate and the speaker of the house. The Massachusetts membership shall be chosen by the Massachusetts Great and General court. The members of the commission shall be uncompensated and serve for a term of two (2) years.

B. The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the executive committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to article III (J).

C. The commission shall have a seal.

D. The commission shall elect annually, from among its members, a chairperson, a vice chairperson and a treasurer. The commission may provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.

E. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the executive committee appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

F. The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two (2) or more of the party jurisdictions or their subdivisions.

G. The commission may accept for any of its purposes and function under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (F) of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.

H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendments thereto, with the appropriate agency or officer in each of the party states.

J. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.

ARTICLE IV POWERS

In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:

1. Collect, correlate, analyze and interpret information and data concerning needs and resources.

2. Encourage and foster research in all aspects of Narragansett Bay and Mount Hope Bay, but with special reference to the desirable scope of environmental and economic aspects.

3. Develop proposals for adequate financing of the compact as a whole and at each of its many levels.

4. Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations, and other agencies and institutions, both public and private.

5. Formulate suggested policies and plans for the improvement of Mount Hope Bay as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.

6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

ARTICLE V COOPERATION WITH FEDERAL GOVERNMENT

A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States shall be represented on the commission by the northeast regional executive director of the environmental protection agency or his/her designee. Such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law.

B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common policies of the member states, and may advise any such agencies or officers concerning any matter of mutual interest.

ARTICLE VI COMMITTEES

A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect an executive committee of five (5) members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. A federal representative on the commission may serve with the executive committee, but without vote. The voting members of the executive committee shall serve for terms of two (2) years, except that members elected to the first executive committee of the commission shall be elected as follows: one for one year and one for two (2) years. The chairperson, vice chairperson, and treasurer of the commission shall be members of the executive committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the executive committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two (2) terms as a member of the executive committee: provided that service for a partial term of one year or less shall not be counted toward the two (2) term limitation.

B. In addition there shall be an advisory board. This board, selected by the commission, shall be comprised of a minimum of eight (8) members whose term of service shall be for one year. The guiding principle for the composition of the membership on the advisory board of each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, marine trades, water quality and environmental standards.

C. The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to the state of Rhode Island and the Commonwealth of Massachusetts.

D. The commission may establish such additional committees as its bylaws may provide.

ARTICLE VII FINANCE

A. The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to article III(G) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to article III(G) thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

B. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.

C. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

D. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VIII ELIGIBLE PARTIES: ENTRY INTO AND WITHDRAWAL

A. This compact shall have as eligible parties the state of Rhode Island and the Commonwealth of Massachusetts.

B. Adoption of the compact may be either by enactment thereof, or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1991.

C. Except for withdrawal effective on December 31, 1991, in accordance with paragraph B of this article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governor of the other party state. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE IX CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of either state or of the United States, or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

SECTION 127. Section 42-113-4 of the General Laws in Chapter 42-113 entitled "Rhode Island Housing and Conservation Trust Fund Act" is hereby amended to read as follows:

42-113-4. Creation of the Rhode Island housing and conservation board. -- (a) There is created and established a body politic and corporate to be known as the "Rhode Island housing and conservation board" to carry out the provisions of this chapter. The board is constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the board of the powers conferred by this chapter are deemed and held to be the performance of an essential governmental function of the state.

(b) The board shall consist of eleven (11) members. The four (4) non-voting ex officio members shall include the director of the department of environmental management, or a designee who is determined upon the advice of the natural heritage commission, the director of the office of intergovernmental affairs/housing, or designee, the executive director of the Rhode Island housing and mortgage finance corporation, or designee, and the director of the office of statewide planning, or designee. The public members shall consist of one member of the house of representatives appointed by the speaker, one member of the senate appointed by the senate majority leader president of the senate, the chairperson of the Rhode Island community reinvestment association, or designee, the president of the environmental council of Rhode Island, or designee, the president of the Rhode Island association of land trusts, or designee, a representative of a tenant advocacy group appointed by the speaker of the house, and a family farmer who operates a farm pursuant to the provisions of chapter 23 of title 2 appointed by the senate majority leader president of the senate.

(c) Public members of the board appointed by the speaker or the senate majority leader president of the senate will be appointed for three (3) year terms and cannot serve more than two (2) terms. Initial appointments of the seven (7) public members to the board shall consist of two (2) appointments of one year terms, two (2) appointments of two (2) year terms, and three (3) appointments of three (3) year terms.

(d) Annually, the board shall elect from among its public members a chairperson and vice-chairperson. The board may elect any officers it determines necessary. Meetings shall be held at the call of the chairperson or at the request of three (3) members. A majority of the sitting members shall constitute a quorum and action taken by the board under the provisions of this chapter may be authorized by a majority of the members present and voting at any regular or special meeting.

(e) The board shall appoint and employ an executive director, and it shall be his or her duty to:

(1) Supervise and administer allocations made through the trust fund in accordance with this chapter and with the rules and regulations of the board;

(2) Act as the chief administrative officer having general charge of the office and records and to employ temporarily, subject to the approval of the board, necessary personnel to serve at his or her pleasure and who shall be in the unclassified service and whose salaries shall be set by the board;

(3) Act as executive secretary of the board; and

(4) Perform other duties as determined by the board which are in accordance with this chapter and with the rules and regulations of the board.

(f) The board shall use the office of the attorney general for legal services.

SECTION 128. Sections 42-114-1 and 42-114-2 of the General Laws in Chapter 42-114 entitled "Audio/video Programming Advisory Committee" are hereby amended to read as follows:

42-114-1. Establishment of advisory committee. -- There is created the Rhode Island audio/video programming advisory committee, consisting of seven (7) members: three (3) shall be appointed by the speaker of the house from among the members of the house of representatives, not more than two (2) of whom shall be from the same political party; two (2) shall be appointed by the majority leader of the senate president of the senate from among the members of the senate, not more than one of whom shall be from the same political party; and two (2) public members, one of whom shall be appointed by the speaker of the house, and one of whom shall be appointed by the majority leader of the senate president of the senate.

42-114-2. Terms of office -- The term of service of the legislative members shall extend from the date of their appointment until the expiration of the legislative term during which they were appointed to the audio/video commission. The terms of service of the other appointees by the speaker of the house and the majority leader of the senate president of the senate shall be three (3) years from the date of appointment. All members shall serve until their successors on the committee are appointed and qualified. All appointed members shall be eligible for reappointment.

SECTION 129. Section 42-115-1 of the General Laws in Chapter 42-115 entitled "Community Resource Assistance Commission" is hereby amended to read as follows:

42-115-1. Community resource assistance commission created. -- There is created a commission to be known as the community resource assistance commission. The commission shall consist of thirteen (13) members, four (4) of whom shall be from the house of representatives, not more than three (3) from the same political party, to be appointed by the speaker; two (2) of whom shall be from the senate, not more than one from the same political party, to be appointed by the majority leader president of the senate; one of whom shall be the director of human services, or designee; one of whom shall be the director of the department of health, or designee; one of whom shall be the director of elderly affairs, or designee; one of whom shall be the attorney general, or designee; and three (3) shall be members of the general public, to be appointed by the speaker and to serve for terms of two (2) years. Vacancies on the commission shall be filled in the same manner as the original appointment.

SECTION 130. Sections 42-116-33 and 42-116-38 of the General Laws in Chapter 42-116 entitled "Rhode Island Depositors Economic Protection Corporation" are hereby amended to read as follows:

42-116-33. Performance review committee. -- There is created a seven (7) member performance review committee. The members shall be: (1) the governor or his or her designee; (2) the speaker of the house of representatives or his or her designee; (3) the majority leader of the senate president of the senate or his or her designee; (4) a minority party member of the general assembly to be designated by the minority leader of the house of representatives and the minority leader of the senate acting jointly; (5) one member selected by the board of directors of the Rhode Island Society of Certified Public Accountants; (6) one member selected by the board of directors of the Rhode Island Association of Realtors, Inc.; and (7) one member who shall be a depositor selected by the Joint Committee on Small Business. The committee shall meet and issue its biannual reports by February 15th and August 15th of each year. The document shall contain the following:

(1) Information regarding the disposition of the assets and liabilities of the corporation;

(2) Information regarding the interest and income, if any, earned by the corporation and the administrative expenses of the corporation;

(3) Information which updates projections as regards cash inflow and outflow;

(4) Information as to the general fiscal condition of the state and how that condition relates to the activities and operation of the corporation;

(5) Information as to the principal amount of outstanding bonded indebtedness;

(6) A review, which considers subdivisions (1) -- (5), of the schedule of payments and a recommendation as to the acceleration or modification of the schedule;

(7) A recommendation, if any, as to necessary and appropriate legislation; and

(8) A brief summary of the document shall be published in a newspaper of general circulation within the state on two (2) successive days.

42-116-38. Depositor's advisory board -- (a) There is created a three (3) member depositor's advisory board. Members of the board shall be depositors in financial institutions which were closed as of January 1, 1991, and which are currently in receivership. One member shall be appointed by the house majority leader. One member shall be appointed by the senate majority leader president of the senate. One member shall be appointed by the governor. Each member shall serve a term of two (2) years as his/her successor is appointed. Members of the board shall serve without compensation. It shall be the role of the depositor's advisory board to give advice to the Rhode Island depositors economic protection corporation concerning rules and regulations and legislation affecting the banking crisis; to study the effects, both long term and short term, of the banking crisis; to recommend to the corporation special studies and projects which it feels are needed to expedite a solution to the banking crisis. The board shall report its findings to the governor in January of each year.

(b) The board shall, at regular intervals, conduct business meetings for the purpose of carrying out its general business, and the meetings shall be open to the public and all records and minutes will be a matter of public record.

SECTION 131. Section 42-119-4 of the General Laws in Chapter 42-119 entitled "Rhode Island Commission on Women" is hereby amended to read as follows:

42-119-4. Selection criteria. -- The commission shall be appointed in the following manner:

(a) The governor shall appoint twelve (12) members for three (3) year terms on a staggered basis with four (4) appointed each year. Terms shall be effective July 1;

(b The senate majority leader president of the senate shall appoint three (3) senators, not more than two (2) from the same political party;

(c) The speaker of the house shall appoint three (3) representatives, not more than two (2) from the same political party;

(d) Consistent with the purpose, the commission shall designate eight (8) state department directors who shall each appoint one commissioner for a three (3) year term on a staggered basis effective July 1;

(e) Reappointments can be made and any vacancies shall be filled consistent with initial appointments. All appointees shall have a commitment to working with issues relating to women.

SECTION 132. Section 42-120-1 of the General Laws in Chapter 42-120 entitled "American and Cape Verdean Cultural Exchange Commission" is hereby amended to read as follows:

42-120-1. Commission established. -- There shall be an American and Cape Verdean cultural exchange commission to consist of nine (9) members, all of whom shall be American citizens descended from Cape Verdean ancestry and residents of the state; three (3) of whom shall be appointed by the speaker of the house of representatives; three (3) of whom shall be appointed by the senate majority leader president of the senate; and three (3) of whom shall be appointed by the governor. The commission shall establish, maintain, and develop cultural ties between Cape Verdeans and Cape Verdean-Americans and shall foster a special interest in the historical and cultural background of both groups, as well as in the economic, political, social, and artistic life of the countries involved.

SECTION 133. Section 42-124-1 of the General Laws in Chapter 42-124 entitled "Special Legislative Commission on Equal Pay and Comparable Worth in Public and Private Employment" is hereby amended to read as follows:

42-124-1. Establishment of commission. -- There is created a special legislative commission on equal pay and comparable worth in public and private employment consisting of twenty-five (25) members: four (4) of whom shall be from the House of Representatives, not more than three (3) from the same political party; one of whom shall have served on the 1986 Comparable Worth/Pay Equity Commission, to be appointed by the Speaker; four (4) of whom shall be from the Senate, not more than three (3) from the same political party; one of whom shall have served on the 1986 Comparable Worth/Pay Equity Commission to be appointed by the Majority Leader president of the senate; two (2) of whom shall be appointed by the Governor; one of whom shall be the Human Resources Director of the Department of Administration; one of whom shall be the Human Resources Program Administrator; one of whom shall be the Executive Director of the Rhode Island Commission on Women, or his/her appointee; one of whom shall be the Executive Director of the Human Rights Commission, or his/her appointee; one of whom shall be the Chair or Co-Chair of the Economic Equity Committee of the Rhode Island Commission on Women, or his/her appointee; one of whom shall be the Director of Labor and Training, or his/her appointee; one of whom shall be the Executive Director of the AFL-CIO, or his/her appointee; one of whom shall be the Executive Director of AFSCME, or his/her appointee; one of whom shall be the State Equal Opportunity Administrator; one of whom shall be from the Chamber of Commerce Federation; one of whom shall be from the Workforce 2000 Council; one of whom shall be the Executive Director of the League of Cities and Towns, or his/her appointee; one of whom shall be the Director of Research, Department of Business and Economics at the University of Rhode Island; one of whom shall be a representative from NEARI, appointed by the president of the association; and one of whom shall be a representative from AFT/AFL-CIO, appointed by the president of the association.

The composition of this commission shall endeavor, as far as practicable, to provide diverse ethnic, cultural and gender representation of the state of Rhode Island.

SECTION 134. Sections 42-126-5 and 42-126-7 of the General Laws in Chapter 42-126 entitled "East Bay Economic Initiative" are hereby amended to read as follows:

42-126-5. Creation of the steering committee. -- The East Bay Economic Initiative's activities shall be governed by a steering committee, which shall serve as its board of directors, and shall have the following membership; three (3) state senators from the East Bay appointed by the senate majority leader president of the senate, not more than two (2) of whom shall be from the same political party; three (3) state representatives from the East Bay appointed by the speaker of the house of representatives, not more than two (2) of whom shall be from the same political party; the director of Economic Development Corporation, or the designee of the director; the associate director for planning of the Department of Administration, or the designee of the associate director; and nine (9) public members from private businesses in the East Bay or from business organizations, appointed by the governor. The governor shall appoint the chairperson of the steering committee from among the public members. Members of the steering committee established by executive order 94-3 shall be members of the steering committee hereby created and shall remain in office until their successors are duly appointed.

42-126-7. Reporting. -- The East Bay Economic Initiative shall report annually, on a state fiscal year basis, to the governor, the speaker of the house, the senate majority leader president of the senate, and to the chief executive officers of the cities and towns in the East Bay. The reports to local chief executive officers shall be submitted to the clerk of the city or town, who shall provide a copy of the report to the city or town council.

SECTION 135. Section 42-129-2 of the General Laws in Chapter 42-129 entitled "Persian Gulf War Information Relief Commission" is hereby amended to read as follows:

42-129-2. Commission established. -- (a) There is established a Persian Gulf War Information and Relief Commission which shall obtain information relating to the health effects of exposure to any Gulf War-related risk substance for veterans of this state who may have been exposed to any such substance in the Persian Gulf region during their period of military service in the Persian Gulf War.

(b) The commission consists of seven (7) members who shall serve for a term of five (5) years, one of whom is the associate director of the division of veteran's affairs or his or her designee; one is the president of the united veteran's council or his or her designee; and one is the chairperson of the advisory council to veteran's affairs or his or her designee. The remaining members is appointed as follows: The lieutenant governor shall appoint one member who shall be an honorable discharged veteran, the majority leader of the senate president of the senate shall appoint one member who shall be a licensed physician and an epidemiologist, the speaker of the house shall appoint one member who shall be a licensed physician and a toxicologist, and the minority leaders of the senate and the house of representatives shall together appoint one member who shall be an honorably discharged veteran who served in the Persian Gulf during the Persian Gulf War.

(c) The commission shall elect a chairperson from among its members. Vacancies in the membership of the commission and its officers shall be filled for the unexpired term in the same manner as the original appointment or election. The commission shall meet at least four (4) times a year at the call of the chairperson. The initial meeting of the commission shall be called by the director of the department of human services not later than September 1, 1998. The members of the commission shall receive no compensation for their services.

SECTION 136. Section 42-130-9 of the General Laws in Chapter 42-130 entitled "Rural Development Council" is hereby amended to read as follows:

42-130-9. Reporting. -- The council shall report annually by January 15, on the state fiscal year basis to the governor, the speaker of the house, the senate majority leader president of the senate and to the chief executive officer of each rural community, which report shall be submitted to the city or town clerk of the respective rural communities.

SECTION 137. Section 42-131-2 of the General Laws in Chapter 42-131 entitled "Intergovernmental Relations Council" is hereby amended to read as follows:

42-131-2. Membership of council. -- (a) The council shall be composed of twenty-four (24) members as follows:

(1) The lieutenant governor;

(2) The majority leader of the senate president of the senate or his or her designee;

(3) The speaker of the house or his or her designee;

(4) The majority leader of the house of representatives or his or her designee;

(5) The minority leader of the house of representatives or his or her designee;

(6) The minority leader of the senate or his or her designee;

(7) The chairperson of the house finance committee or his or her designee;

(8) The chairperson of the senate finance committee or his or her designee;

(9) Three (3) state executive branch officials appointed by the governor, one of whom shall be the chief of the office of municipal affairs in the department of administration;

(10) Three (3) city and/or town officials appointed by the president of the Rhode Island league of cities and towns;

(11) The executive director of the league of cities and towns;

(12) Two (2) members of the Rhode Island public expenditure council, one of whom shall be the executive director of said council and one of whom shall be appointed by the president of said council;

(13) Two (2) members appointed by the president of the Rhode Island school committee association;

(14) The mayor of the city of Providence or his or her designee;

(15) The president of the Providence city council or his or her designee; and

(16) Four (4) members being representatives of the Rhode Island congressional delegation.

(17) President of the senate effective January 1, 2003.

(b) Members of the council shall hold office for three (3) years. Should any member cease to be an officer or employee of the unit or agency he is appointed to represent, his membership on the council shall terminate immediately. Any vacancy on the council shall be filled for the unexpired term by the appointing authority in the same manner as the original appointment.

(c) The lieutenant governor shall serve as chairperson and the vice chairperson of the council shall be designated by the governor from among the members. In the event of the absence or disability of both the chairperson and vice chairperson, the members of the council shall elect a temporary chairperson by a majority vote of those present and voting.

(d) The council is subject to review by the general assembly's legislative oversight commission as defined in chapter 14 of title 22.

SECTION 138. Section 44-34-11 of the General Laws in Chapter 44-34 entitled "Excise on Motor Vehicles and Trailers [Repealed effective July 1, 2005.]" is hereby amended to read as follows:

44-34-11. Rhode Island vehicle value commission. [Repealed effective July 1, 2005.] -- (a) There is created the "Rhode Island vehicle value commission" to establish presumptive values of vehicles and trailers subject to the excise tax.

(b) The commission consists of the following nine (9) members: one designee of the director of transportation; five (5) local tax officials named by the governor, at least one of whom is from a town under ten thousand (10,000) population and at least one of whom is from a city over fifty thousand (50,000) population, from a list of nominees submitted by the president of the Rhode Island league of cities and towns; and two (2) designees who are private citizen car owners, one of whom is named by the speaker of the house and one of whom is named by the senate majority leader president of the senate; and one motor vehicle dealer designated by the director of administration; all departmental designees serve at the pleasure of the designating agency, but, for a term of no less than one year, and all other designees serve for a term of three (3) years.

(c) The commission shall annually determine the presumptive values of vehicles and trailers subject to the excise tax in the following manner:

(1) Not earlier than September 30 and not later than December 31 of each year the commission shall by rule adopt a methodology for determining the presumptive value of vehicles and trailers subject to the excise tax which gives consideration to the following factors:

(i) The average retail price of similar vehicles of the same make, model, type, and year of manufacture as reported by motor vehicle dealers or by official used car guides, as that of the national automobile dealers association for New England. Where regional guides are not available, the commission shall use other publications deemed appropriate; and

(ii) Other information concerning the average retail prices for make, model, type, and year of manufacture of motor vehicles as the director and the Rhode Island vehicle value commission may deem appropriate to determine fair values.

(2) On or before February 1 of each year, it shall adopt a list of values for vehicles and trailers of the same make, model, type, and year of manufacture as of the preceding December 31 in accordance with the methodology adopted between September 30 and December 31; the list is subject to a public hearing at least five (5) business days prior to the date of its adoption.

(3) Nothing in this section is deemed to require the commission to determine the presumptive value of vehicles and trailers which are unique, to which special equipment has been added or to which special modifications have been made, or for which adequate information is not available from the sources referenced in subsection (c) (1), provided, that the commission may consider those factors in its lists or regulations.

(4) The commission shall annually provide the list of presumptive values of vehicles and trailers to each tax assessor on or before February 15 of each year.

(d) The commission shall adopt rules governing its organization and the conduct of its business; prior to the adoption of the rules, the designee of the department of administration shall serve as chairperson of the commission and has the power to call meetings, and a simple majority of the members of the commission, as provided for in subsection (b), is necessary for a quorum, which quorum by majority vote has the power to conduct business in the name of the commission.

(e) The commission has the power to contract for professional services that it deems necessary for the development of the methodology for determining presumptive values, for calculating presumptive values according to the methodology, and for preparing the list of presumptive values in a form and format that is generally usable by cities and towns in their preparation of tax bills. The commission also has the power to incur reasonable expenses in the conduct of its business as required by this chapter and to authorize payments for the expenses.

(f) Compensation for members for attendance at meetings is initially at a rate of fifty dollars ($50.00) per meeting unless otherwise determined by the unclassified pay board.

(g) The commission shall respond to petitions of appeal by local boards of review in accordance with the provisions of section 44-34-9(a).

(h) The commission shall establish by rule, procedures for adopting an annual budget and for administering its finances. After July 1, 1986, one-half ( 1/2) of the cost of the commission's operations shall be borne by the state and one-half ( 1/2) borne by cities and towns, within the state with the city and town share distributed among cities and towns on a per capita basis.

SECTION 139. Section 44-44-3.8 of the General Laws in Chapter 44-44 entitled "Taxation of Beverage Containers, Hard-to-Dispose Material and Litter Control Participation Permittee" is hereby amended to read as follows:

44-44-3.8. Hard-to-dispose material control and recycling oversight commission. -- (a) Prior to disbursement of any funds from the hard-to-dispose materials account the rules and regulations of the department concerning the implementation of chapter 15.1 of title 37 must be promulgated in final form. For the purposes of this section only, a rule and/or regulation is in final form when filed in accordance with section 42-35-4. Nothing contained in this chapter prevents a party from seeking appropriate judicial review in accordance with chapter 35 of title 42.

(b) Hard-to-dispose material control and recycling oversight commission.. - (1) The hard-to-dispose material and recycling oversight commission is created consisting of the following nine (9) members: three (3) members of the house of representatives, one of whom is from the minority party, appointed by the speaker of the house; two (2) members of the senate, one of whom is from the minority party, appointed by the senate majority leader president of the senate; one public member appointed by the speaker of the house; one public member appointed by the senate majority leader president of the senate; one member from an environmental group appointed by the senate majority leader president of the senate; one member who is an industry representative appointed by the speaker of the house.

(2) With the exception of the house and senate members, the members of the commission serve two (2) year terms, the first term commencing June 1, 1990, and ending June 1, 1992; or until the time their successors are appointed. The house and senate members serve at the pleasure of the appointing authority.

(3) The commission shall organize itself at a meeting called by the speaker of the house in June of each even numbered year, commencing in 1990.

(4) Members of the commission receive no compensation.

(5) The commission shall elect a chair from its legislator members, and elect other officers as it deems appropriate.

(6) The commission meets at least once per quarter to review tax revenues collected and expenditures of the program, to evaluate effectiveness of the program, and to make recommendations to the governor and legislature regarding the appropriateness of the taxation rates and the timetables required by section 37-15.1-9(7).

(7) The commission has the cooperation of the auditor, general, tax administrator, and the department wherever necessary

(8) The commission shall submit a report to the general assembly on February 1, 1991, and each February 1 thereafter.

SECTION 140. Sections 44-58-7 and 44-58-8 of the General Laws in Chapter 44-58 entitled "Streamlined Sales Tax System" are hereby amended to read as follows:

44-58-7. Legislative oversight. -- There is created a joint legislative oversight committee. The committee consists of six (6) members to be selected as follows: three (3) members of the senate, at least one of whom shall be a member of a minority party, to be appointed by the senate majority leader president of the senate; and three (3) members of the house of representatives, at least one of whom shall be a member of a minority party, to be appointed by the speaker of the house. The tax administrator shall provide testimony and information as requested by the committee. The tax administrator shall provide quarterly reports to the governor, the speaker of the house, the senate majority leader president of the senate, and to the members of the joint legislative oversight committee on the progress of multi-state discussions.

44-58-8. Final report to the governor and the legislature. -- By March 1, 2001, the tax administrator shall report to the governor, the speaker of the house, the senate majority leader president of the senate, and the members of the joint legislative oversight committee on the status of multi-state discussions and, if a proposed system has been agreed upon by participating states, shall also recommend whether the state should participate in that system.

SECTION 141. Section 45-9-3 of the General Laws in Chapter 45-9 entitled "Budget Commissions" is hereby amended to read as follows:

45-9-3. Budget and Review Commission. -- (a) Notwithstanding the provisions of section 45-9-1 and section 45-9-2 or any other general or special laws of the state or charter provisions, the general assembly vests in the director of the state department of administration the power to appoint a budget and review commission in any town or city where the director of the state department of administration finds that the town or city's bond rating has been assigned by one or more recognized rating agencies to a rating which is below investment grade and there is an imminent threat of default on any or all of its debt obligations. The commission shall consist of the chief executive officer of the town or city, the president of the town or city council, three (3) public members from the affected municipality appointed by the governor from a list of eight (8) recommendations submitted by the general assembly (four (4) to be submitted by the senate majority leader president of the senate and four (4) to be submitted by the speaker of the house of representatives; at least one public member shall be selected from each list submitted), the director of the state department of administration, the state auditor general, the chair of the house committee on finance, or his or her designee and the chair of the senate committee on finance, or his or her designee. Where there is no chief executive officer of the town or city, the vice president of the town council or city council shall serve on the commission. The director of the state department of administration shall serve as chair of the commission. The powers of the budget and review commission shall be to impose taxes and to make appropriations for the expenditure of moneys, for the purpose of adopting a budget and, for the purpose of maintaining a balanced budget, the budget and review commission shall make reductions or suspensions in the appropriations to any or all departments, offices or other agencies of town or city government as will prevent a deficit for the fiscal year. The budget and review commission shall be subject to the open meetings and open records law. The budget and review commission shall remain in office until the earlier of (i) that time as the chief executive officer of the town or city and the town or city council petitions the director of the state department of administration to disband the budget and review commission and the director approves the petition, or (ii) the end of the fiscal year.

(b) The budget and review commission shall commence its work by examining the financial and operating condition of the city or town and shall also advise the chief executive officer, city or town council and the fiscal officials of the city or town on the formulation of adequate budget and budgetary controls. The budget and review commission shall issue a report detailing its findings and recommendations. The examination and report shall be completed and published no sooner than three (3) weeks after the formation of the budget and review commission. The commission shall exercise any of the powers set forth in this section only after the examination and publication of the commission's report.

SECTION 142. Section 45-13.1-3 of the General Laws in Chapter 45-13.1 entitled "State-local Relations Commission" is hereby amended to read as follows:

45-13.1-3. Membership. -- (a) The commission shall be composed of seventeen (17) members, as follows:

(1) Five (5) municipal officials appointed by the Rhode Island league of cities and towns;

(2) Three (3) state executive officials appointed by the governor, one of whom is the chief of the office of municipal affairs in the department of administration, division of planning;

(3) Three (3) state representatives appointed by the speaker of the house, not more than two (2) from the same political party;

(4) Two (2) state senators, or other persons appointed by the senate majority leader president of the senate, not more than one from the same political party; and

(5) The executive director for the league of cities and towns, and the executive director of the Rhode Island public expenditure council; and

(6) One who shall represent local school committees to be appointed by the speaker of the house, and one who shall represent local school superintendents to be appointed by the majority leader of the senate president of the senate.

(b) The members of the commission shall elect a chairperson, a vice chairperson, and a secretary by a majority vote of the commission.

(c) Should any member cease to be an elected official, officer, or employee of the unit or agency he or she is appointed to represent, his or her membership on the commission shall terminate immediately and a new member shall be appointed in the same manner as his or her predecessor to fill the unexpired term.

(d) The commission shall be subject to review by the legislative oversight commission as defined in chapter 14 of title 22.

SECTION 143. Sections 45-22.3-3 and 45-22.3-4 of the General Laws in Chapter 45-22.3 entitled "State Comprehensive Plan Appeals Board" are hereby amended to read as follows:

45-22.3-3. Membership. -- (a) (1) The board consists of eleven (11) members to be selected from the following categories: category "A" is comprised of residents of those municipalities considered to be in the top one-third ( 1/3) population bracket; category "B" is comprised of residents of those municipalities considered to be in the middle one-third ( 1/3) population bracket; and category "C" is comprised of residents of those municipalities considered to be in the lower one-third ( 1/3) population bracket for the state as determined by the most recent decennial federal census available. The eleven (11) members of the board are appointed as follows:

(2) Three (3) of the members are appointed by the governor, one of whom is selected from each category, "A", "B", and "C", respectively. Three (3) members are appointed by the speaker of the house of representatives, one of whom is selected from each category, "A", "B", and "C", respectively. Three (3) members are appointed by the majority leader of the senate president of the senate, one of whom is selected from each category "A", "B", and "C", respectively. One member is appointed by the minority leader in the senate from category "A". One is appointed by the minority leader in the house of representatives from category "B". All members of the board are selected from the local elected and/or appointed officials of the various cities and towns. However, no person who is a state employee, or elected or appointed official shall be appointed to the board, and no more than one elected or appointed official from the same city or town may serve on the board. All members selected shall have a reasonable knowledge of land use, planning, zoning, local government, land conservation, and/or land development.

(b) The board shall elect a chair from among its members.

45-22.3-4. Term -- (a) Initial members of the board shall serve for a staggered term. Three (3) members appointed by the governor for a one-year term; three (3) members appointed by the majority leader of the senate president of the senate and the one member appointed by the senate minority leader for two (2) years; three (3) members appointed by the speaker of the house of representatives; and the one member appointed by the minority leader of the house of representatives for three (3) years. A member may serve no more than two (2) consecutive three-year terms. A member shall serve until his or her successor is appointed and qualified. A person may be appointed to fill a vacancy and the person shall only serve for the unexpired term of the member whom he or she succeeded.

(b) Subsequent members of the board shall serve for staggered three (3) year terms.

(c) A majority of the members of the board constitutes a quorum for the conduct of all business by the board.

SECTION 144. Section 45-24.1-3 of the General Laws in Chapter 45-24.1 entitled "Historical Area Zoning" is hereby amended to read as follows:

45-24.1-3. Creation of commission authorized -- Membership appointment -- Term of office. -- (a) In order to carry out the purposes of this chapter any city or town council has have the authority to create a commission called the historic district commission. The membership of a commission in a city shall consist of seven (7) qualified members, and in a town shall consist of not less than three (3) nor more than seven (7) qualified members, whose residence is located in the city or town; provided, that the historic district commission of the city of Newport shall consist of nine (9) qualified members, and provided, that the historic district commission of the city of Providence shall consist of thirteen (13) qualified members, two (2) of whom shall be members of the city council elected by the city council from its councilmanic members to serve for a term of four (4) years, and two (2) of whom shall be members of the general assembly elected from the city of Providence, one to be appointed from the senate by the senate majority leader president of the senate and one to be appointed from the house by the speaker. In a city the members shall be appointed by the mayor, except as provided in the case of the historic district commission of the city of Providence, and in a town, by the president of the town council.

(b) The appointed members of the commission shall be appointed for three (3) year terms, except the initial appointments of some of the members shall be for less than three (3) years so that the initial appointments are staggered and so that subsequent appointments do not reoccur at the same time.

(c) Any city or town has the right to name an auxiliary member of the commission appointed in addition to the regular members of the commission. The auxiliary member shall sit as an active member, upon the request of the chairperson, when and if a regular member of the commission is unable to serve at any meeting of the commission.

(d) Appointed members of the commission are eligible for reappointment, and, upon the expiration of their term, shall continue to serve until replaced unless otherwise provided for in local law.

(e) In the event of a vacancy on the commission, interim appointments of appointed members may be made by the appointing authority to complete the unexpired term of the position.

(f) Organized and existing preservation societies may present to the appointing authority of a city or town a list of qualified citizens, from which list the appointing authority may select members of the commission for his or her respective city or town.

SECTION 145. Section 45-52.1-3 of the General Laws in Chapter 45-52.1 entitled "Central Falls - Fiscal Emergency Act" is hereby amended to read as follows:

45-52.1-3. Central Falls review commission. -- (a) The Central Falls review commission established by article 67 of chapter 65 of the 1990 public laws is reconstituted to be comprised of seven (7) members as follows:

(1) The director of administration or his or her designee;

(2) The speaker of the house or his or her designee;

(3) The majority leader president of the senate or his or her designee;

(4) The mayor of the city of Central Falls or his or her designee;

(5) One member engaged in business, banking, or finance in Central Falls, who shall be chosen by the governor;

(6) The president of the Rhode Island public expenditure council or his or her designee; and

(7) The president of the Central Falls city council, or another council member appointed by the council president.

(b) The chairperson of the commission is the director of administration or his or her designee.

(c) Appointing authorities shall make their appointments within thirty (30) days of July 1, 1991, and the commission shall commence proceedings within forty (40) days of July 1, 1991.

(d) All departments, employees, agencies, and elected and appointed officials of the city of Central Falls are required to cooperate with the commission. The commission has access to all records and books of account of the city and may require the attendance of city officials and the production of records, papers, contracts, and other documents relating to any matter within its authority.

SECTION 146. Section 45-53-7 of the General Laws in Chapter 45-53 entitled "Low and Moderate Income Housing" is hereby amended to read as follows:

45-53-7. Housing appeals board. -- (a) There shall be within the state a housing appeals board consisting of nine (9) members:

Housing Appeals Board

Represent: Appointed by:

1 district court judge (chair) Chief of district court

1 local zoning board member Speaker of the house

1 local planning board member Majority leader of senate

President of the senate

2 city and town council members Speaker of the house

(plus an alternate) - representing Majority leader of senate

President of the senate

municipalities of various sizes (Governor)

1 affordable housing developer Governor

1 affordable housing advocate Governor

1 director of statewide planning or designee Self-appointed

1 director of Rhode Island housing or designee Self-appointed

(b) All appointments are for two (2) year terms; provided, that the initial terms of members appointed by the speaker of the house and majority leader president of the senate are for a period of one year. A member shall receive no compensation for his or her services, but shall be reimbursed by the state for all reasonable expenses actually and necessarily incurred in the performance of his or her official duties. The board shall hear all petitions for review filed under section 45-53-5, and shall conduct all hearings in accordance with the rules and regulations established by the chair. Rhode Island housing shall provide space, and clerical and other assistance, as the board may require.

SECTION 147. Sections 46-5.1-2 and 46-5.1-5 of the General Laws in Chapter 46-5.1 entitled "Commission on the Port of Galilee" are hereby amended to read as follows:

46-5.1-2. Composition. -- The commission shall consist of fifteen (15) members: three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party to be appointed by the speaker; three (3) of whom shall be from the senate, not more than two (2) from the same political party, to be appointed by the majority leader president of the senate; one (1) of whom shall be the director of the Department of Environmental Management, or his or her designee, one (1) of whom shall be the director of the Department of Transportation, or his or her designee; one (1) of whom shall be the director of the Department of Economic Development, or his or her designee; and six (6) of whom shall be members of the general public, of whom two (2) shall be appointed by the speaker, two (2) by the senate majority leader president of the senate and two (2) by the governor.

46-5.1-5. Appointments - Vacancies. -- The members of the commission shall be appointed forthwith. In lieu of any appointment of a member of the legislature to the commission, the appointing authority may appoint a member of the general public to serve in lieu of a legislator, provided that the president of the senate, if applicable, or the majority leader or the minority leader of the political party which is entitled to the appointment consents to the appointment of the member of the general public. Vacancies in said commission shall be filled in like manner as the original appointment.

SECTION 148. Sections 46-12.2-3 and 46-12.2-24 of the General Laws in Chapter 46-12.2 entitled "Rhode Island Clean Water Finance Agency" are hereby amended to read as follows:

46-12.2-3. Establishment of agency -- Composition of agency -- Appointment of directors. -- (a) There is hereby created a body politic and corporate and public instrumentality of the state having distinct legal existence from the state and not constituting a department of the state government to be known as the Rhode Island clean water protection finance agency. The exercise by the agency of the powers conferred by this chapter shall be deemed to be the performance of an essential public function.

(b) The powers of the agency shall be exercised by or under the supervision of a board of directors consisting of five (5) members, three (3) of whom shall be appointed by the governor, one of whom shall be appointed by the speaker of the house, and one of whom shall be appointed by the senate majority leader president of the senate. The members appointed by the governor shall be appointed initially for terms, respectively, to expire on the first day of March 1990 and the first day of March in the years 1991, and 1992. Upon expiration of each term and each succeeding two (2) year term, the governor shall appoint a successor to serve for a term of two (2) years so that the governor's appointments shall serve for staggered terms of two (2) years. The members appointed by the speaker of the house and the senate majority leader president of the senate shall serve at the pleasure of the appointing authority.

(c) Each member of the board of directors shall serve until his or her successor is appointed and qualified. The appointed member of the board of directors shall be eligible for reappointment. Any member of the board of directors appointed to fill a vacancy on the board shall be appointed for the unexpired term of the vacant position. Any member of the board of directors may be removed by the governor for misfeasance, malfeasance, or willful neglect of duty upon the filing by the governor with the secretary of state of a statement of facts and circumstances which form the basis for the removal. The governor shall designate one member of the board of directors to be the chairperson of the agency to serve in such capacity during his or her term as a member. The board of directors annually shall elect one of its members as vice chairperson. Three (3) members of the board of directors shall constitute a quorum, and the affirmative vote of three (3) members shall be necessary and shall suffice for any action taken by the board of directors. No vacancy in the membership of the board of directors shall impair the right of a quorum to exercise the powers of the board of directors. The members of the board of directors shall serve without compensation but each member shall be reimbursed for all reasonable expenses incurred in the performance of his or her duties.

(d) Notwithstanding any other provision of general or special law to the contrary, any member of the board of directors, who is also an officer or employee of the state or of a local governmental unit or other public body, shall not thereby be precluded from voting for or acting on behalf of the agency, the state, or local governmental unit or other public body on any matter involving the agency, the state, or that local governmental unit or other public body, and any director, officer, employee, or agent of the agency shall not be precluded from acting for the agency on any particular matter solely because of any interest therein which is shared generally with a substantial segment of the public.

46-12.2-24. Record keeping -- Financial statements. -- The agency shall, at all times, keep full and accurate accounts of its receipts, expenditures, disbursements, assets, and liabilities which shall be open to inspection by any officer or duly appointed agent of the state. The agency shall submit an annual report, in writing, to the governor, speaker of the house of representatives, and majority leader of the senate president of the senate. The report shall include financial statements relating to the operations, properties, and expenditures of the agency maintained in accordance with generally accepted accounting principles, so far as applicable, and audited by an independent certified public accountant firm.

SECTION 149. Section 46-12.8-21 of the General Laws in Chapter 46-12.8 entitled "Water Projects Revolving Loan Fund" is hereby amended to read as follows:

46-12.8-21. Record keeping financial statements. -- The agency shall, at all times, keep full and accurate accounts of its receipts, expenditures, disbursements, assets, and liabilities with respect to the agency's administration of the safe drinking water revolving loan fund which shall be open to inspection by any officer or duly appointed agent of the state. The agency shall submit an annual report, in writing, to the governor, speaker of the house of representatives, and majority leader the president of the senate. The report shall include financial statements relating to the operations, properties, and expenditures of the agency with respect to the agency's administration of the safe drinking water revolving loan fund maintained in accordance with generally accepted accounting principles, so far as applicable, and audited by an independent certified public accounting firm.

SECTION 150. Section 46-12.9-8 of the General Laws in Chapter 46-12.9 entitled "Rhode Island Underground Storage Tank Financial Responsibility Act" is hereby amended to read as follows:

46-12.9-8. Review board. -- (a) There is hereby established a review board to oversee administration and implementation of the fund, to review submissions and claims received from eligible parties and to proceed to approve, modify, or deny disbursements to eligible parties and to have such other powers as are provided herein.

(b) The review board shall consist of thirteen (13) members, as follows: the director of the department or his or her designee; the director of the department of business regulation or his or her designee; the auditor general of the state or his or her designee; a representative of the Rhode Island petroleum association to be appointed by the speaker of the house; a representative of the independent oil marketers association of New England to be appointed by the senate majority leader president of the senate; a representative of the oil heat institute appointed by the governor; a member of the house of representatives appointed by the speaker of the house; a member of the senate appointed by the senate majority leader president of the senate; a member of a state wide environmental organization to be appointed by the governor; a representative of the independent petroleum dealers association of Rhode Island appointed by the governor; a member of the Rhode Island marine trade association, who is a marina operator and/or owner, to be appointed by the governor; a member of the general public, to be appointed by the governor; a member of the house of representatives to be appointed by the house minority leader.

(c) The review board shall file an annual report of all receipts and disbursements with the governor, general assembly, and secretary of state. When claims are pending, the review board shall meet no less than six (6) times per year.

SECTION 151. Section 46-12.10-2 of the General Laws in Chapter 46-12.10 entitled "Commission to Study Feasibility and Funding of Homeowners Assistance Fund for Septic Systems" is hereby amended to read as follows:

46-12.10-2. Establishment of commission. -- (a) There is hereby created a commission known as the Commission to Study Feasibility and Funding of Homeowners Assistance Fund for septic systems which shall consist of fifteen (15) members as follows:

(1) One (1) member who shall be engaged in the septage hauling industry to be appointed by the senate majority leader president of the senate;

(2) One (1) member who is employed by a publicly owned treatment works (POTW) which receives septage, to be appointed by the senate majority leader president of the senate;

(3) One (1) member who represents a private, non-profit environmental advocacy organization, to be appointed by the speaker;

(4) One (1) member representing the Rhode Island Clean Water Protection Finance Agency, to be appointed by the director;

(5) One (1) member representing the Natural Resource Conservation Service, to be appointed by the speaker;

(6) One (1) member representing the Narragansett Bay Water Pollution Control Association, to be appointed by the speaker;

(7) The Director of the Department of Environmental Management or his or her designee;

(8) One (1) public member who is a resident of a community with septic systems, to be appointed by the speaker;

(9) The director of Narragansett Bay Commission or his or her designee.

(10) The President of the Rhode Island Mortgage Brokers Association or his or her designee;

(11) The Speaker of the House of Representatives shall appoint two (2) members of the House of Representatives from the majority party and one (1) member of the House of Representatives from the minority party.

(12) The President of the Senate Majority Leader shall appoint one (1) Senator from the majority party and one (1) Senator from the minority party.

(b) The chairperson shall be elected by the members of the commission.

SECTION 152. Section 46-13-21 of the General Laws in Chapter 46-13 entitled "Public Drinking Water Supply" is hereby amended to read as follows:

46-13-21. Advisory council. -- (a) There is hereby created an advisory council, to be known as the public drinking water supply advisory council, and whose purpose it shall be to advise the director and public drinking water suppliers concerning fees and the implementation of the provisions of this chapter.

(b) The council shall be composed of seven (7) members. Two (2) members shall be members of the house of representatives appointed by the speaker, not more than one from the same political party, one member of the senate appointed by the senate majority leader president of the senate, one member to be the director, or his or her designee, one officer of a community public drinking water supplier appointed by the governor, one officer of a nontransient noncommunity public water supplier appointed by the governor, and one member of the general public, to be appointed by the governor.

(c) The legislative members of the council shall serve for a term of two (2) years. Each member may be reappointed for two (2) additional terms.

(d) The member of the general public, appointed by the governor, shall be appointed for a term of three (3) years and may be reappointed for one additional term.

(e) The members, appointed by the governor, who are officers of a public drinking water supplier, shall be appointed for a one year term, and may be reappointed for three (3) additional terms.

(f) The director, or his or her designee, shall serve upon the council without removal.

(g) On the third Monday in July after the enactment of this chapter, the members of the council shall meet at the call of the speaker of the house and organize. The speaker shall appoint a chairperson from among the legislative members. The vice chairperson shall be elected by the membership of the council.

SECTION 153. Section 46-13.1-7 of the General Laws in Chapter 46-13.1 entitled "Groundwater Protection" is hereby amended to read as follows:

46-13.1-7. Commission established. -- (a) There is hereby created a commission to be known as the clean drinking water and groundwater standards commission and whose purpose it shall be to review the entire field of groundwater and drinking water quality standards.

(b) The commission shall be composed of one member of the house of representatives appointed by the speaker, one member of the senate appointed by the senate majority leader president of the senate, the director of the department of environmental management or his or her designee, the director of the department of health or his or her designee, the chairperson of the water resources board or his or her designee, seven (7) members of the academic community from local universities and colleges appointed by the governor representing the fields of medicine, hydrogeology, toxicology, environmental engineering, plant and soil science economics, and epidemiology, and three (3) members of the business community affected by this legislation, one appointed by the speaker of the house, one appointed by the senate majority leader president of the senate, and one appointed by the governor.

(c) Forthwith, on June 26, 1986, the members of the commission shall meet at the call of the speaker of the house and organize. The speaker shall appoint a chairperson from among the members. The vice chairperson shall be elected by the membership of the commission on an annual basis. Vacancies shall be filled in like manner as the original appointment.

(d) The commission shall meet at least once annually and report its findings and recommendations to the general assembly annually on the second Wednesday of June.

SECTION 154. Section 46-15.1-2 of the General Laws in Chapter 46-15.1 entitled "Water Supply Facilities" is hereby amended to read as follows:

46-15.1-2. Board created -- Appointment of members. -- (a) There is hereby created a water resources board consisting of thirteen (13) members as follows: Five (5) members shall represent the public and shall be appointed by the governor as herein provided, at least two (2) of whom shall be affiliated with public water systems in Rhode Island; one member shall be from the house of representatives who shall be appointed by the speaker of the house of representatives and one member shall be from the senate who shall be appointed by the majority leader president of the senate; one member to be selected by the Rhode Island agricultural council established pursuant to the provisions of chapter 3 of title 2 and who is actively engaged in the agricultural business; the remaining five (5) members are the director of environmental management, the director of the Rhode Island economic development corporation, the director of the department of administration, the director of the department of health, and the chairperson of the joint committee on water resources, all of whom shall serve ex officio. When this chapter shall take effect, the governor shall appoint one of the public members of the board to serve until the first day of March, 1992, two (2) members to serve until the first day of March, 1993, two (2) members to serve until the first day of March, 1994, and all to serve until their successors are appointed and qualified. In the month of February, 1992, and in the month of February in each year thereafter, the governor, with the advice and consent of the senate, shall appoint successors to the public members of the board whose terms shall expire in such year, to hold office commencing on the first day of March in the year of appointment and until the first day of March in the third year after their respective appointments and until their respective successors are appointed and qualified. Any vacancy which may occur in the board for a public member shall be filled by the governor, with the advice and consent of the senate, for the remainder of the unexpired term. Each ex officio member of the board may designate a subordinate within his or her department, and the chairperson of the joint committee on water resources may designate a subordinate within his or her department, and the chairperson of the joint committee on water resources may designate a member of the committee or a member of its staff to represent him or her at all meetings of the board.

(b) The water resources board is designated to carry out the provisions of this chapter. In exercising its powers under this chapter the board constitutes a body politic and corporate and a public instrumentality of the state having a distinct legal existence from the state and not constituting a department of the state government. The board may take action under this chapter at any meeting of the board. A member of the board who is affiliated with a public water system in Rhode Island, as provided in section 46-15-2, shall not thereby be disqualified from acting as a member of the board on a transaction under this chapter with a public water system. Upon the enactment of this chapter, and annually in the month of March thereafter, the board shall choose a treasurer to act as such under this chapter. The treasurer need not be a member of the board or of its staff and shall serve until his or her successor is chosen and takes office, unless sooner removed by the board with or without cause. In the event of a vacancy in the office of treasurer, the board shall fill the vacancy for the unexpired term.

(c) Nothing contained herein shall be construed as terminating or discontinuing the existence of the water resources board as it exists prior to July 1, 1993 for purposes of chapters 15.1, 15.2, and 15.3 of this title, and the water resources board created hereby shall be and shall be deemed to be a continuation of the water resources board as it existed prior to July 1, 1993 for the purposes enumerated in chapters 15.1, 15.2, and 15.3 of this title. Nothing contained herein shall affect the bonding or financing authority of the water resources board as it exists prior to July 1, 1993 nor shall anything contained herein be construed as terminating, altering, discontinuing, or in any way impairing the bonding or financing power of the water resources board as it exists under chapters 15.1, 15.2, and 15.3 of this title prior to July 1, 1993.

SECTION 155. Section 46-23-2 of the General Laws in Chapter 46-23 entitled "Coastal Resources Management Council" is hereby amended to read as follows:

46-23-2. Coastal resources management council created -- Appointment of members. -- (a) There is hereby created the coastal resources management council.

(1) The coastal resources management council shall consist of sixteen (16) members, two (2) of whom shall be members of the house of representatives, at least one of the members shall represent a coastal municipality, appointed by the speaker, two (2) of whom shall be members of the senate, each of whom shall represent a coastal municipality, appointed by the majority leader president of the senate, two (2) of whom shall be from the general public appointed by the speaker of the house for a term of two (2) years, two (2) of whom shall be from a coastal municipality appointed by the speaker of the house for a term of three (3) years.

(2) In addition, four (4) of the members shall be appointed or elected officials of local government appointed by the governor, one of whom shall be from a municipality of less than twenty-five thousand (25,000) population, appointed to serve until January 31, 1972, one of whom shall be from a coastal municipality of more than twenty-five thousand (25,000) population appointed to serve until January 31, 1973, and one of whom shall be from a coastal municipality of less than twenty-five thousand (25,000) population appointed to serve until January 31, 1974, and one of whom shall be from a coastal community of more than twenty-five thousand (25,000) population appointed to serve until January 31, 1975, the populations are to be determined by the latest federal census; all members shall serve until their successors are appointed and qualified; during the month of January, the governor shall appoint a member to succeed the member whose term will then next expire for a term of four (4) years commencing on the first day of February then next following and until his or her successor is named and qualified; each municipal appointment shall cease if the appointed or elected official shall no longer hold or change the office which he or she held upon appointment, and further, each appointee shall be eligible to succeed him or herself.

(3) Three (3) members shall be appointed by the governor from the public, with the advice and consent of the senate, one of whom shall serve until January 1, 1972, one of whom shall serve until January 1, 1973 and one of whom shall serve until January 1, 1974; the members and their successors shall represent a coastal community.

(4) All members shall serve until their successors are appointed and qualified; during the month of January, the governor shall appoint, with advice and consent of senate, a member to succeed the members whose term will then next expire for a term of three (3) years commencing on the first day of February next following and until his or her successor is named and qualified. A member shall be eligible to succeed him or herself. No more than two (2) persons on the council shall be from the same community.

(5) Appointments shall first be made by the governor, then by the majority leader president of the senate, and then by the speaker. The commissioner of the environmental protection branch or his or her designee within the department of environment shall serve ex officio. The ex-officio member shall not be counted as serving from any particular community.

(b) In addition to the foregoing voting members, the council shall include a varying number of other members who shall serve in an advisory capacity without the right to vote and who shall be invited to serve by either the governor or the voting members. These advisory members shall represent the federal agencies such as the navy, coast guard, corps of engineers, public health service, and the federal water pollution control administration, and such regional agencies as the New England river basins commission and the New England regional commission and any other group or interest not otherwise represented.

(c) There shall be established a coastal resources advisory committee which committee, appointed by the executive director of the coastal resources management council, shall include, but not be limited to, representation from the following groups: one of whom shall be a representative of the University of Rhode Island Graduate School of Oceanography and the College of Resources Development, one of whom shall be a representative of the Sea Grant National College Program, one of whom shall be a representative of the army corps of engineers, one of whom shall be a representative of the federal environmental protection agency's Narragansett Bay laboratory, one of whom shall be a representative of the coastal resources management council, one of whom shall be the director of environmental management; one of whom shall be a member of the Rhode Island Marine Trade Association and one of whom shall be a representative of a regional environmental group. The council shall have the authority to appoint such additional members to said advisory committee as is deemed necessary or advisable by the advisory committee or the council. It shall be the responsibility of the committee to advise the coastal resources management council on environmental issues relating to dredging and permitting related thereto, including but not limited to those issues defined in sections 46-23-18.1 -- 46-23-18.3, inclusive.

(d) The council shall have the authority to form committees of other advisory groups as needed from both its own members and others.

SECTION 156. Section 46-25-6 of the General Laws in Chapter 46-25 entitled "Narragansett Bay Commission" is hereby amended to read as follows:

46-25-6. Composition of commission -- Appointment of members. -- (a) The commission shall consist of twenty-three (23) members to be appointed in the following manner: ten (10) members shall be appointed by the governor from the public as herein provided. Two (2) members shall be appointed by the mayor of the city of Providence; one member each shall be appointed by the mayor of the town of North Providence, the mayor of the town of Johnston, mayor of the city of Pawtucket, mayor of the town of Cumberland, town administrator of the town of Lincoln, mayor of the city of Central Falls, and mayor of the city of East Providence. Two (2) members of the house of representatives to be appointed by the speaker, and two (2) members of the senate to be appointed by the majority leader president of the senate.

(b) The appointments to the commission shall be made as follows:

(1) The governor shall appoint two (2) members of the commission to serve until the first day of April, 1981, two (2) members to serve until the first day of April, 1982, four (4) members to serve until the first day of April, 1983, one member to serve until the first day of April 1993, one member to serve until the first day of April 1994, and all to serve until their successors are appointed and qualified. In the month of March in each year thereafter, the governor, with the advice and consent of the senate, shall appoint successors to the members of the commission whose term is expiring in that year, each member so appointed to hold office for a three (3) year period commencing on the first day of April in the year of appointment and continuing until the first day of April in the third year after his or her appointment and until his or her successor is appointed and qualified. Any vacancy for a public member, which may occur in the commission, shall be filled by the governor for the remainder of the unexpired term.

(2) The mayor of the city of Providence shall appoint one member of the commission to serve until the first day of April, 1982, and one member to serve until the first day of April, 1983, and all to serve until their successors are appointed and qualified. The mayor of the town of North Providence and the mayor of the town of Johnston each shall appoint a member to serve until the first day of April, 1981, each member so appointed shall serve until his or her successor is appointed and qualified. The Mayor of the city of Pawtucket shall appoint one member of the commission to serve until the first day of April, 1993, and such member so appointed shall serve until his or her successor is appointed and qualified. The town administrator of the town of Lincoln and the mayor of the city of Central Falls shall each appoint one member of the commission to serve until the first day of April, 1994, and each member so appointed shall serve until his or her successor is appointed and qualified. The mayors of the town of Cumberland and the city of East Providence shall each appoint one member of the commission to serve until the first day of April, 1995, and each member so appointed shall serve until his or her successor is appointed and qualified. In the month of March in each year thereafter, the respective mayors and town administrator shall appoint a successor to the member of the commission whose term is expiring, each member so appointed to hold office for a three (3) year period, commencing on the first day of April in the year of appointment and continuing until the first day of April in the third year after his or her appointment and until his or her successor is appointed and qualified. The legislative members so appointed by the speaker of the house of representatives and the majority leader president of the senate shall hold office for a three (3) year period and until their successor is appointed and qualified. Any vacancy which may occur in the commission shall be filled by the appointing authority who originally appointed the member, and the appointment shall be for the remainder of the unexpired term.

(3) Members of the commission shall be eligible for reappointment.

SECTION 157. Section 46-28-5 of the General Laws in Chapter 46-28 entitled "The Rhode Island Rivers Council" is hereby amended to read as follows:

46-28-5. Council created -- Appointment of members. -- Such council shall consist of fifteen (15) members to be appointed in the following manner:

(1) Three (3) members shall represent the public and shall be appointed by the governor; three (3) members shall be appointed by the lieutenant governor; three (3) members shall be appointed by the speaker of the house of representatives as herein provided, at least one of whom shall be a member of the house, provided however that if more than one member of the house is appointed at least one member shall be from the minority party; two (2) members shall be appointed by the majority leader president of the senate as herein provided, at least one of whom shall be a member of the senate, provided, however not more than one senator shall be from the same political party; one member shall be the director of the department of environmental management or his or her designee; one member shall be the executive director of coastal resources management council or his or her designee; one member shall be the director of administration or his or her designee; one member shall be the president of the Rhode Island league of cities and towns or his or her designee.

(2) Each member so appointed shall serve for three (3) years beginning in the first day of July, except that in the case of the first two (2) members appointed by the lieutenant governor and the first two (2) members appointed by the governor, one shall serve until July 1, 1991, and one until July 1, 1992. Members shall be appointed during the month of June of each year by the appointing authority and in the event of a vacancy occurring in the council, said vacancy shall be filled in a like manner as the original appointment for the remainder of the unexpired term.

SECTION 158. Chapter 22-3 of the General Laws entitled "Organization of General Assembly" is hereby amended by adding thereto the following section:

22-3-2.2. Powers of president. -- Commencing in 2003, and thereafter, the powers currently held by the majority leader of the senate shall be transferred to the president of the senate. At such time, statutory references to the majority leader of the senate shall be amended and construed to mean a reference to the president of the senate.

SECTION 159. This act shall take effect on January 7, 2003.


As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!