law16511

Chapter 511

2016 -- H 7200 SUBSTITUTE A
Enacted 07/26/2016

A N A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION -- 2016

Introduced By: Representatives DeSimone, and Newberry

Date Introduced: January 15, 2016

It is enacted by the General Assembly as follows:

ARTICLE I--STATUTORY CONSTRUCTION

SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

Titles 29, 30, and 32 contained in volume 5A of the General Laws of R.I., including every chapter

and section therein, and any chapters and sections of titles 29, 30, and 32 not included in this act

may be and are hereby reenacted as if fully set forth herein.

SECTION 2. Section 2-19-3 of the General Laws in Chapter 2-19 entitled "Arborists" is

hereby amended to read as follows:

2-19-3. Rules and regulations -- Examination for license. -- The director of the

department of environmental management is authorized to make rules and regulations governing

the practice of arborists and shall demand of any person, firm, or corporation desiring to engage

in the art or trade of treating and caring for trees as defined in § 2-19-1, that they he, she, or it

pass an examination to show their his, her, or its ability or capability to practice the art or trade

of arborist. The director is further authorized to make rules and regulations to carry out the

provisions of this chapter, including rules and regulations governing mulching operations and

arboriculture operations as those terms are defined in § 2-19-4.5. 2-19-4.1.

SECTION 3. Section 3-5-11.1 of the General Laws in Chapter 3-5 entitled "Licenses

Generally" is hereby amended to read as follows:

3-5-11.1. Liquor franchises prohibited. -- (a) To promote the effective and reasonable

control and regulation of the Rhode Island alcoholic beverage industry and to help the consumer

by protecting their choices and ensuring equitable pricing. Class A liquor license authorized by

this title shall not be granted, issued, renewed, or transferred to or for the use of any liquor

franchisor or franchisee. Class A liquor license holders are expressly prohibited from utilizing the

provisions of the Franchise Investor Act, § 19-28-1 et seq. Rhode Island Franchise

Investment Act, chapter 28.1 of title 19.

(b) Any franchise agreements involving the retail sales of alcoholic beverages are hereby

declared null and void and illegal as of the effective date of this section [April 1, 2005].

terminated by the franchisor or the franchisee within thirty (30) days of the effective date of this

section.

(d) Upon finding of a violation of this section by either the franchisor or the licensee, the

department shall be empowered to set a fine up to the amount of ten thousand dollars ($10,000)

per violating franchisor or licensee, revoke the license of the violator or suspend the license of the

violator for a period of time to be determined by the department. Additionally, the department

shall have the power to revoke or suspend the franchise registration in accordance with § 19-28.1-

18 and to order it to cease and desist from all operations that are violative of the provisions of this

section.

Notwithstanding anything contained in this chapter to the contrary, this act shall not be

construed as to prevent the utilization of duly licensed professionals rendering services as

independent contractors.

SECTION 4. Section 5-71-8 of the General Laws in Chapter 5-71 entitled "Licensure of

Interpreters for the Deaf" is hereby amended to read as follows:

5-71-8. Qualifications of applicants for licenses. -- (a) To be eligible for licensure by

the board as an interpreter for the deaf or transliterator, the applicant must submit written

evidence on forms furnished by the department, verified by oath, that the applicant meets all of

the following requirements:

(1) Is of good moral character;

(2) Meets the screened requirements as defined in regulations promulgated by the

department or meets the certification requirements set forth by RID or its successor agency

approved by the department in consultation with the board;

(3) Pays the department a license fee as set forth in § 23-1-54;

(4) Adheres to the National Association of the Deaf (NAD), and the Registry of

Interpreters for the Deaf, Inc., (RID) code of professional conduct; and

(5) Provides verification of a background check with the bureau of criminal investigation

in the office of attorney general at the time of the initial application for license.

(b) To be eligible for licensure by the board as an educational interpreter for the deaf, the

applicant must meet all of the requirements as described in subsection (a) and must further

present proof of successful completion of the educational interpreter performance assessment

(EIPA), written and performance tests, or a similar test as approved by the board, at a

performance level established by the board.

issued within another state has been revoked, suspended, or currently placed on probation shall

not be eligible for consideration for licensure unless they have first disclosed to the department

about such disciplinary actions.

SECTION 5. Section 8-3-15 of the General Laws in Chapter 8-3 entitled "Justices of the

Supreme, Superior, and Family Courts" is hereby amended to read as follows:

8-3-15. Cost of living allowance Cost-of-living allowance. -- (a) All justices of the

supreme court, superior court, family court, or district court, or their surviving spouses or

domestic partners, who retire after January 1, 1970, and who receive a retirement allowance

pursuant to the provisions of this title shall, on the first day of January next following the third

anniversary date of retirement, receive a cost-of-living retirement adjustment in addition to his or

her retirement allowance in an amount equal to three percent (3%) of the original retirement

allowance. In each succeeding year thereafter during the month of January, the retirement

allowance shall be increased an additional three percent (3%) of the original allowance, not

compounded, to be continued during the lifetime of the justice or his or her surviving spouse or

domestic partner. For the purpose of such computation, credit shall be given for a full calendar

year regardless of the effective date of the retirement allowance.

(b) Any justice who retired prior to January 31, 1977, shall be deemed for the purpose of

this section to have retired on January 1, 1977.

passage of this article, and for their beneficiaries, the cost of living adjustment described in

subsection (3) (a) above shall only apply to the first thirty-five thousand dollars ($35,000) of

retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of

the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The

thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in

the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United States

Department of Labor Statistics determined as of September 30 of the prior calendar year or three

percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of

retirement allowance shall be multiplied by the percentage of increase in the Consumer Price

Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor

Statistics determined as of September 30 of the prior calendar year or three percent (3%),

whichever is less, on the month following the anniversary date of each succeeding year. For

justices eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for

their beneficiaries, the provisions of this subsection (c) shall not apply.

(d) This subsection (d) shall be effective for the period July 1, 2012, through June 30,

2015.

(1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (d)(2)

below, for all present and former justices, active and retired justices, and beneficiaries receiving

any retirement, disability, or death allowance or benefit of any kind, whether provided for or on

behalf of justices engaged on or prior to December 31, 1989, as a non-contributory justice or

engaged after December 31, 1989, as a contributory justice, the annual benefit adjustment

provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A)

is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the

"subtrahend") from the Five-Year Average Investment Return of the retirement system

determined as of the last day of the plan year preceding the calendar year in which the adjustment

is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent

(0%), and (B) is equal to the lesser of the justice's retirement allowance or the first twenty-five

thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000)

amount to be indexed annually in the same percentage as determined under (d)(1)(A) above. The

"Five-Year Average Investment Return" shall mean the average of the investment return of the

most recent five (5) plan years as determined by the retirement board. Subject to paragraph (d)(2)

below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd)

anniversary of the date of retirement or the date on which the retiree reaches his or her Social

Security retirement age, whichever is later. In the event the retirement board adjusts the

actuarially assumed rate of return for the system, either upward or downward, the subtrahend

shall be adjusted either upward or downward in the same amount.

(2) Except as provided in paragraph (d)(3), the benefit adjustments under this section for

any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees'

Retirement System of Rhode Island, the Judicial Retirement Benefits Trust, and the State Police

Retirement Benefits Trust, calculated by the system's actuary on an aggregate basis, exceeds

eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for

such plan year.

In determining whether a funding level under this paragraph (d)(2) has been achieved, the

actuary shall calculate the funding percentage after taking into account the reinstatement of any

current or future benefit adjustment provided under this section.

(3) Notwithstanding paragraph (d)(2), in each fifth plan year commencing after June 30,

2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five

(5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph

(d)(1) above until the Funded Ratio of the Employees' Retirement System of Rhode Island, the

Judicial Retirement Benefits Trust, and the State Police Retirement Benefits Trust, calculated by

the system's actuary on an aggregate basis, exceeds eighty percent (80%).

(4) Notwithstanding any other provision of this chapter, the provisions of this paragraph

(d) of § 8-3-15 shall become effective July 1, 2012, and shall apply to any benefit adjustment not

granted on or prior to June 30, 2012.

(e) This subsection (e) shall become effective July 1, 2015.

(1) (A) As soon as administratively reasonable following the enactment into law of this

subsection (e)(1)(A), a one-time benefit adjustment shall be provided to justices and/or

beneficiaries of justices who retired on or before June 30, 2012, in the amount of two percent

(2%) of the lesser of either the justice's retirement allowance or the first twenty-five thousand

dollars ($25,000) of the justice's retirement allowance. This one-time benefit adjustment shall be

provided without regard to the retiree's age or number of years since retirement.

(B) Notwithstanding the prior subsections of this section, for all present and former

justices, active and retired justices, and beneficiaries receiving any retirement, disability or death

allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or

prior to December 31, 1989, as a non-contributory justice or engaged after December 31, 1989, as

a contributory justice, the annual benefit adjustment provided in any calendar year under this

section for adjustments on and after January 1, 2016, and subject to subsection (e)(2) below, shall

be equal to (I) multiplied by (II):

(I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:

(i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)

(the "subtrahend") from the five-year average investment return of the retirement system

determined as of the last day of the plan year preceding the calendar year in which the adjustment

is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent

(0%). The "five-year average investment return" shall mean the average of the investment returns

of the most recent five (5) plan years as determined by the retirement board. In the event the

retirement board adjusts the actuarially assumed rate of return for the system, either upward or

downward, the subtrahend shall be adjusted either upward or downward in the same amount.

(ii) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer

Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor

Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of

(i) plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).

(II) Is equal to the lesser of either the justice's retirement allowance or the first twenty-

five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount

to be indexed annually in the same percentage as determined under subsection (e)(1)(B)(I) above.

The benefit adjustments provided by this subsection (e)(1)(B) shall be provided to all

retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,

and for all other retirees the benefit adjustments shall commence upon the third anniversary of the

date of retirement or the date on which the retiree reaches his or her Social Security retirement

age, whichever is later.

(2) Except as provided in subsection (e)(3), the benefit adjustments under subsection

(e)(1)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the

employees' retirement system of Rhode Island, the judicial retirement benefits trust, and the state

police retirement benefits trust, calculated by the system's actuary on an aggregate basis, exceeds

eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for

such plan year.

In determining whether a funding level under this subsection (e)(2) has been achieved,

the actuary shall calculate the funding percentage after taking into account the reinstatement of

any current or future benefit adjustment provided under this section.

(3) Notwithstanding subsection (e)(2), in each fourth plan year commencing after June

30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of

four plan years: (i) A benefit adjustment shall be calculated and made in accordance with

paragraph (e)(1)(B) above; and (ii) Effective for members and/or beneficiaries of members who

retired on or before June 30, 2015, the dollar amount in subsection (e)(1)(B)(II) of twenty-five

thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand

and twenty-six dollars ($31,026) until the funded ratio of the employees' retirement system of

Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust,

calculated by the system's actuary on an aggregate basis, exceeds eighty percent (80%).

(A) Effective for members and or beneficiaries of members who have retired on or before

July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60)

days following the enactment of the legislation implementing this provision, and a second one-

time stipend of five hundred dollars ($500) in the same month of the following year. These

stipends shall be payable to all retired members or beneficiaries receiving a benefit as of the

applicable payment date and shall not be considered cost of living adjustments under the prior

provisions of this § 8-3-15.

SECTION 6. Section 12-10-12 of the General Laws in Chapter 12-10 entitled

"Preliminary Proceedings in District Court" is hereby amended to read as follows:

12-10-12. Filing of complaints. -- a) Subject to any other provisions of law relative to

the filing of complaints for particular crimes, any judge of the district court or superior court may

place on file any complaint in a criminal case other than a complaint for the commission of a

felony or a complaint against a person who has been convicted of a felony or a private complaint.

The court may in its discretion require, as a condition of the filing, the performance of services

for the public good or may attach any other conditions to it that the court shall determine;

provided, in cases where the court ordered restitution totals less than two hundred dollars ($200)

to an injured party pursuant to this section or § 12-19-34, the court shall require that full

restitution be made at the time of sentencing if the court determines that the defendant has the

present ability to make the restitution.

(b) Express conditions of any filing in accordance with this section shall be that the

defendant shall at all times during the one year keep the peace and be of good behavior and shall

have paid all outstanding court-imposed or court-related fees, fines, costs, assessments, charges,

and/or any other monetary obligations unless reduced or waived by order of the court. A violation

of these express conditions, or any other condition set by the court, shall be deemed a violation of

the filing and the matter that was filed may be resurrected by the court. A determination of

whether a violation has occurred shall be made by the court in accordance with the procedures

relating to a violation of probation, §§ 12-19-9 and 12-19-14.

defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

been a violation, may sentence the defendant. In the event the court filed the complaint under this

section while the defendant maintained a plea of not guilty, if the court finds there to have been a

violation, it may proceed to the further disposition of the complaint according to law. If no action

is taken on the complaint for a period of one year following the filing, the complaint shall be

automatically expunged. No criminal record shall result; provided, that in any civil action for a

tort, a plea of guilty or a finding of guilty should be admissible notwithstanding the fact that the

complaint has been filed.

(d) Notwithstanding the foregoing provisions of this section, in the event a complaint for

a crime involving domestic violence was originally filed under this section subsequent to the

defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

been a violation, may sentence the defendant. In the event the court filed the complaint for a

crime involving domestic violence under this section while the defendant maintained a plea of not

guilty, if the court finds there to have been a violation, it may proceed to the further disposition of

the complaint for a crime involving domestic violence according to law. If, for a period of one

year after the date of filing, the defendant is not charged with a violation pursuant to subsection

(b) of this section, the filed complaint for the crime involving domestic violence shall be

automatically quashed and shall not be resurrected. If, for a period of three (3) years after the date

of filing, the defendant is not charged with a crime involving domestic violence, or if so charged,

is acquitted or the complaint is dismissed, all records relating to the filed complaint for a crime

involving domestic violence shall be expunged without the requirement of filing a motion

pursuant to chapter 1.3 of title 12. No criminal records shall result, unless in any civil action for a

tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that the

complaint has been filed. Provided, however, that in sentencing a defendant for a crime involving

domestic violence of which the defendant was charged within three (3) years after the filing of a

prior crime involving domestic violence to which the defendant pleaded guilty or nolo

contendere, the court may take the plea into consideration.

(e) The defendant shall be advised that any and all bail money relating to a case that

remains on deposit and is not claimed at the time of expungement shall be escheated to the state's

general treasury in accordance with chapter 12 of title 8.

SECTION 7. Section 16-11-4 of the General Laws in Chapter 16-11 entitled

"Certification of Teachers" is hereby amended to read as follows:

16-11-4. Annulment of certificates -- Annulment, renewal, recertification, or repeal

of certificates. Annulment of certificates -- Annulment, renewal, or recertification of

certificates. -- (a) The commissioner of elementary and secondary education shall promulgate

rules and regulations under which a certificate may be annulled for cause. The holder shall be

entitled to notice and a hearing before the commissioner of elementary and secondary education

prior to the annulment of the certificate. The holder shall have an opportunity to appeal the

decision of the commissioner to the council on elementary and secondary education, if desired.

(b) In the event the license of any person licensed pursuant to the provisions of this

chapter is subject to renewal, renewal or recertification, for any reason, including, but not

limited to, the payment of licensing fees, the department of elementary and secondary education

shall send notice to such person of the need for such renewal, renewal or recertification, by

electronic mail or e-mail. Said notice shall be issued at least ninety (90) calendar days prior to the

proposed action. Such notice shall include:

(1) The action proposed by the department;

(2) The date such action proposed is to be taken; and

(3) A statement as to what actions the person needs to perform to retain the license, if

applicable.

place of, any other notice required by law.

SECTION 8. Section 16-41-5 of the General Laws in Chapter 16-41 entitled "New

England Higher Education Compact" is hereby amended to read as follows:

16-41-5. Repayment of loans. -- (a) Dental, medical, optometry, osteopathic, and

veterinary medical students that who attend schools under the Rhode Island health professions

contract program which are is supported by funds from the state may decrease their indebtedness

to the state under the following options:

(1) Upon completion of his or her dental, medical, optometry, osteopathic, or veterinary

training, including internship and residency training, a student who establishes residency in the

state will be relieved of fifteen percent (15%) of that indebtedness per year for each year that the

student is employed by the state in a full-time capacity for a maximum cancellation of seventy-

five percent (75%) for five (5) years of employment.

(2) Any graduate who establishes residency in the state will be relieved of ten percent

(10%) of that indebtedness per year for each year that he or she practices dentistry, medicine,

optometry, osteopathy, or veterinary medicine in the state in a full-time capacity for a maximum

cancellation of fifty percent (50%) for five (5) years of practice.

(b) In no event shall any student's cancellation of indebtedness under subsection (a)

exceed seventy-five percent (75%).

indebtedness by virtue of the provisions of this section.

(d) The office of the postsecondary commissioner shall promulgate rules and regulations

that are necessary and proper to promote the full implementation of this section.

SECTION 9. Sections 17-25-10 and 17-25-11 of the General Laws in Chapter 17-25

entitled "Rhode Island Campaign Contributions and Expenditures Reporting" are hereby amended

to read as follows:

17-25-10. Lawful methods of contributing to support of candidates -- Reporting --

Disposition of anonymous contributions. [Effective January 1, 2016.] -- (a) No contribution

shall be made or received, and no expenditures shall be directly made or incurred, to support or

defeat a candidate except through:

(1) The candidate or duly appointed campaign treasurer or deputy campaign treasurer of

the candidate;

(2) The duly appointed campaign treasurer or deputy campaign treasurer of a political

party committee;

(3) The duly appointed campaign treasurer or deputy campaign treasurer of a political

action committee.

(b) It shall be lawful for any person, not otherwise prohibited by law and not acting in

concert with any other person or group, to expend personally from that person's own funds a sum

that is not to be repaid to him or her for any purpose not prohibited by law to support or defeat a

candidate; provided, that any person making the expenditure shall be required to report all of his

or her expenditures and expenses, if the total of the money so expended exceeds one hundred

dollars ($100) within a calendar year, to the board of elections within seven (7) days of making

the expenditure and to the campaign treasurer of the candidate or political party committee on

whose behalf the expenditure or contribution was made, or to his or her deputy, within seven (7)

days of making the expenditure, expenditure. who The treasurer or his or her deputy shall

cause the expenditures and expenses to be included in his or her reports to the board of elections.

Whether a person is "acting in concert with any other person or group" for the purposes of this

subsection shall be determined by application of the standards set forth in § 17-25-23.

campaign treasurer shall not be used or expended, but shall be returned to the donor, if the donor's

identity can be ascertained; if not, the contribution shall escheat to the state.

17-25-11. Dates for filing of reports by treasurers of candidates or of committees.

[Effective January 1, 2016.] -- (a) During the period between the appointment of the campaign

treasurer for state and municipal committees and political action committees, or in the case of an

individual the date on which the individual becomes a "declared or undeclared candidate" as

defined in § 17-25-3(2), except when the ninety-day (90) reporting period ends less than forty

(40) days prior to an election in which case the ninety-day (90) report shall be included as part of

the report required to be filed on the twenty-eighth (28th) day next preceding the day of the

primary, general, or special election pursuant to subdivision (2) of this subsection, and the

election, with respect to which contributions are received or expenditures made by him or her in

behalf of, or in opposition to, a candidate, the campaign treasurer of a candidate, a political party

committee, or a political action committee shall file a report containing an account of

contributions received, and expenditures made, on behalf of, or in opposition to, a candidate:

(1) At ninety-day (90) intervals commencing on the date on which the individual first

becomes a candidate, as defined in § 17-25-3(2);

(2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next

preceding the day of the primary, general, or special election; provided, that in the case of a

primary election for a special election where the twenty-eighth (28th) day next preceding the day

of the primary election occurs prior to the first day for filing declarations of candidacy pursuant to

§ 17-14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding

the day of the primary election for the special election; and

(3) A final report on the twenty-eighth (28th) day following the election. The report shall

contain:

(i) The name and address and place of employment of each person from whom

contributions in excess of a total of one hundred dollars ($100) within a calendar year were

received;

(ii) The amount contributed by each person;

(iii) The name and address of each person to whom expenditures in excess of one

hundred dollars ($100) were made; and

(iv) The amount and purpose of each expenditure.

(b) Concurrent with the report filed on the twenty-eighth (28th) day following an

election, or at any time thereafter, the campaign treasurer of a candidate, or political party

committee, or political action committee, may certify to the board of elections that the campaign

fund of the candidate, political party committee, or political action committee having been

instituted for the purposes of the past election, has completed its business and been dissolved or,

in the event that the committee will continue its activities beyond the election, that its business

regarding the past election has been completed; and the completed. The certification shall be

accompanied by a final accounting of the campaign fund, or of the transactions relating to the

election, including the final disposition of any balance remaining in the fund at the time of

dissolution or the arrangements that have been made for the discharge of any obligations

remaining unpaid at the time of dissolution.

business and been dissolved, no contribution that is intended to defray expenditures incurred on

behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time

that the campaign treasurer certifies that the campaign fund has completed its business and been

dissolved, the treasurer shall file reports containing an account of contributions received and

expenditures made at ninety-day (90) intervals commencing with the next quarterly report

following the election; however, the time to file under this subsection shall be no later than the

last day of the month following the ninety-day (90) period, except when the last day of the month

filing deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28)

days before an election, in which case the report shall be filed pursuant to the provisions of

subdivisions (a)(1) and (2) of this section. Provided, however, if the last day of the month falls on

a weekend or a holiday, the report shall be due on the following business day.

(2) In addition to the reports required pursuant to this section, a candidate or office holder

shall also file with the board of elections a paper copy of the account statement from the office

holder's campaign account, which account statement shall be the next account statement issued by

their financial institution after the filing of the fourth quarterly campaign expense report. The

account statement shall be submitted to the board within thirty (30) days of its receipt by the

candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed

a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its

agents, and employees shall not publish, deliver, copy, or disclose, to any person or entity any

account statement or information contained therein for any candidate, former candidate,

officeholder, party, or political action committee. Provided, as to state and municipal political

parties, the requirements of this subsection (c)(2) shall apply to the annual report required

pursuant to § 17-25-7.

(d) (1) There shall be no obligation to file the reports of expenditures required by this

section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf

of the candidacy by the candidate, by any political party committee, by any political action

committee, or by any person shall not in the aggregate exceed one thousand dollars ($1,000).

(2) However, even though the aggregate amount expended on behalf of the candidacy

does not exceed one thousand dollars ($1,000), reports must be made listing the source and

amounts of all contributions in excess of a total of one hundred dollars ($100) from any one

source within a calendar year. Even though the aggregate amount expended on behalf of the

candidacy does not exceed one thousand dollars ($1,000) and no contribution from any one

source within a calendar year exceeds one hundred dollars ($100), the report shall state the

aggregate amount of all contributions received. In addition, the report shall state the amount of

aggregate contributions that were from individuals, the amount from political action committees,

and the amount from political party committees.

(e) On or before the first date for filing contribution and expenditure reports, the

campaign treasurer may file a sworn statement that the treasurer will accept no contributions nor

make aggregate expenditures in excess of the minimum amounts for which a report is required by

this chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that

campaign, other than the final report due on the twenty-eighth (28th) day following the election.

(f) A campaign treasurer must file a report containing an account of contributions

received and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of

this section for any ninety-day (90) period in which the campaign received contributions in excess

of a total of one hundred dollars ($100) within a calendar year from any one source and/or made

expenditures in excess of one thousand dollars ($1,000) within a calendar year; however, the time

to file under this subsection shall be no later than the last day of the month following the ninety-

day (90) period, except when the last day of the month filing deadline following the ninety-day

(90) reporting period occurs less than twenty-eight (28) days before an election, in which case the

report shall be filed pursuant to the provisions of subdivisions (a)(1) and (2) of this section.

Provided, however, if the last day of the month falls on a weekend or a holiday, the report shall be

due on the following business day.

(g) (1) The board of elections may, for good cause shown and upon the receipt of a

written or electronic request, grant a seven-day (7) extension for filing a report; provided, that the

request must be received no later than the date upon which the report is due to be filed.

(2) Any person or entity required to file reports with the board of elections pursuant to

this section and who or that has not filed the report by the required date, unless granted an

extension pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars

($25.00). Notwithstanding any of the provisions of this section, the board of elections shall have

the authority to waive late filing fees for good cause shown.

(3) The board of elections shall send a notice of non-compliance, by certified mail, to any

person or entity who or that fails to file the reports required by this section. A person or entity

who or that is sent a notice of non-compliance and fails to file the required report within seven (7)

days of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt

of the notice of non-compliance until the day the report has been received by the state board.

Notwithstanding any of the provisions of this section, the board of elections shall have the

authority to waive late filing fees for good cause shown.

SECTION 10. Sections 27-29-4.4 of the General Laws in Chapter 27-29 entitled "Unfair

Competition and Practices" is hereby amended to read as follows:

27-29-4.4. Auto body repair labor rate surveys. [Effective January 1, 2016.] -- (a)

Every insurance carrier authorized to sell motor vehicle liability insurance in the state shall

conduct an auto body repair labor rate survey, subject to, and in accordance with, the following

provisions:

(1) When used in this section the following definitions shall apply:

(i) "Auto body labor rate survey" is an analysis of information gathered from auto body

repair shops regarding the rates of labor that repair shops charge in a certain geographic area.

(ii) "Prevailing auto body labor rate" means the rate determined and set by an insurer as a

result of conducting an auto body labor rate survey in a particular geographic area and used by

insurers as a basis for determining the cost to settle automobile property damage claims.

(iii) "Independent auto body repair facility" means any auto body repair facility that does

not have a formal agreement and/or written contract with an insurer to provide auto body repair

services to insureds and/or claimants.

(iv) "Direct repair program" means any methods through which an insurer refers,

suggests, or recommends a specific auto body repair facility, with whom the insurer has a formal

agreement and/or contract to provide auto body repair services, to insureds and/or claimants.

(v) "Contract rate" means any labor rate to which an auto body repair facility and an

insurer have agreed in a formal agreement and/or written contract.

(2) Each insurer must annually conduct a separate and distinct written auto body labor

rate survey for each classification of auto body shops as established by the department of business

regulation pursuant to § 5-38-5, in writing, annually to determine a separate and distinct

prevailing auto body labor rate for each classification of fully licensed auto body repair facilities.

(3) Insurers may not use an auto body labor rate survey; contract rates from auto body

repair facilities with which it has a formal agreement or contract to provide auto body repair

services to insureds and/or claimants; rates paid as a result of subrogation, rates obtained from

auto body repair facilities in a different classification than that being surveyed, or rates from a

repair shop facility holding a limited or special use license.

(4) Each auto body labor rate survey shall include the following:

(i) The name and address of each shop surveyed in the labor survey;

(ii) The total number of shops surveyed;

(iii) The prevailing rate established by the insurer for each classification of full collision

licensed auto body repair facilities; and

(iv) A description of the formula or method used to calculate or determine the specific

prevailing rate reported.

(5) Each insurer must report the results of their auto body labor rate survey to the

department of business regulation insurance division.

(6) The department of business regulation must promulgate regulations related to auto

body labor rate surveys by October 1, 2006, establishing the following:

(i) A questionnaire that must be used by all insurers in their labor rate survey;

(ii) Date of reporting; and

(iii) Number or percentage of shops to be surveyed.

(7) The department of business regulation shall review all surveys submitted for

compliance with this section and any rules and regulations promulgated by the department.

(b) Nothing contained in § 27-29-4.4 shall require an insurer to establish the prevailing

rate for each classification of full collision licensed auto body repair facilities based solely on the

survey results.

SECTION 11. Section 30-7-10 of the General Laws in Chapter 30-7 entitled "Privileges

and Immunities of Militiamen" is hereby amended to read as follows:

30-7-10. State Soldiers' and Sailors' Civil Relief Act Servicemembers Civil Relief

Act. -- All national guard members on state active duty for a continuous period exceeding ninety

(90) days shall be entitled to the rights, protections, privileges, and immunities afforded under the

Soldiers' and Sailors' Servicemembers Civil Relief Act, 50 U.S.C. §§ 500 -- 592. § 3901 et

seq. These rights, protections, privileges and immunities shall include, but are not limited to, the

following: maximum rate of interest not to exceed six percent (6%), continuation of insurance

policies, protection from eviction as well as the right to terminate a lease due to military service,

and continuance or stay of civil proceedings. Jurisdiction shall be exclusive to the superior court

for any alleged violations of this section.

SECTION 12. Sections 30-10-12 and 30-10-13 of the General Laws in Chapter 30-10

entitled "Armories and Campgrounds" are hereby amended to read as follows:

30-10-12. Federal agreements. -- The adjutant general, with the approval of the

governor, is authorized to negotiate, co-operate, and enter into agreements in behalf of this state,

with the United States of America, or any agency thereof, in order to satisfy the provisions, and

conditions pursuant to the provisions, of 10 U.S.C. §§ 2231 -- 2239 § 18231 et seq. (facilities for

reserve components).

30-10-13. Use of federal funds. -- The adjutant general, with the approval of the

governor, is authorized to accept and direct the disbursement of the funds made available to the

state, pursuant to 10 U.S.C. §§ 2231 -- 2239 § 18231 et seq. (facilities for reserve components)

and shall deposit all these funds received from the federal government with the general treasurer,

to be placed in a special account, and drawn upon only on receipt of properly authenticated

vouchers signed by the adjutant general with the approval of the governor.

SECTION 13. Section 30-15.9-9 of the General Laws in Chapter 30-15.9 entitled "The

Rhode Island Emergency Management Assistance Compact" is hereby amended to read as

follows:

30-15.9-9. Reimbursement. -- Any party state rendering aid in another state pursuant to

this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or

expense incurred in the operation of any equipment and the provision of any service in answering

a request for aid and for the costs incurred in connection with such requests; provided, that any

aiding party state may assume, in whole or in part, such loss, damage, expense or other cost, or

may loan such equipment or donate such services to the receiving party state without charge or

cost: provided, however, that any two or more party states may enter into supplementary

agreements establishing a different allocation of costs among those states. Article VIII Section

30-17.1-8 expenses shall not be reimbursable under this provision.

SECTION 14. Section 30-17.1-9 of the General Laws in Chapter 30-17.1 entitled

"Veterans' Affairs" is hereby amended to read as follows:

30-17.1-9. Definitions. -- When used in this chapter, the following terms shall have the

following meanings:

(1) "Advisory Committee" means the veterans' services strategic plan advisory committee

as established in § 30-17.1-10.

(2) "Committee" means the veterans' committee pursuant to the provisions of subdivision

30-17.1-11(c)(8).

(3) "State agencies" means state entities responsible for the implementation of services

for Rhode Island veterans and their families including:

(i) The division of veterans' affairs;

(ii) The division of planning;

(iii) The department of human services;

(iv) The Rhode Island board of education;

(v) The department of behavioral healthcare, developmental disabilities and hospitals;

(vi) The department of health;

(vii) The division of elderly affairs;

(viii) The department of business regulation;

(ix) The department of the attorney general;

(x) The department of labor and training;

(xi) The economic development corporation; and

(xii) The office of the secretary of state.

(4) "Veterans' Services Strategic Plan ("VSSP')" means the strategic plan as established

in § 30-17.1-11.

SECTION 15. Section 34-25.1-9 of the General Laws in Chapter 34-25.1 entitled

"Reverse Mortgages" is hereby amended to read as follows:

34-25.1-9. Required counseling. -- (a) All lenders shall deliver to all reverse mortgage

loan applicants a statement, if available, prepared by the department of elderly affairs on the

advisability and availability of independent counseling and information services. With respect to

every reverse mortgage loan, the prospective mortgagor(s) shall complete a reverse mortgage

counseling program. An original certificate, dated and signed by both the counselor and the

mortgagor(s), certifying that the counseling required by this section has taken place, shall be

delivered to the mortgagee at least three (3) business days prior to the closing of the loan. The

lender shall not process a reverse mortgage loan application, other than ordering an automated

valuation model, ordering a credit report, obtaining information required for inclusion in a loan

application, including documenting and verifying credit, income, assets and property charges,

evaluating extenuating circumstances and compensating factors, evaluating the results of the

financial assessment in determining eligibility for a home equity conversion mortgage,

determining whether a life expectancy set-aside will be required and whether the set-aside must

be fully or partially funded, and completing a home equity conversion mortgage financial

assessment worksheet; and ordering a preliminary title search, until the counseling required by

this section has been completed and the certificate of counseling is delivered to the mortgagee.

(b) The reverse mortgage counseling program shall include, but is not limited to, all

matters enumerated in subsections (e)(1) through (e)(6) of this section. The department of elderly

affairs shall maintain a list of counseling programs and agencies approved by the United States

Department of Housing and Urban Development and the Federal Housing Administration to

satisfy the requirements of this section and shall make such list available to all lenders and to the

public, provided that: (1) the counseling agency is not affiliated with the reverse mortgage lender;

and (2) the counseling agency complies with the counseling requirements of this section. The

director of the department of elderly affairs shall have the right to prescribe the form of

counseling certificate that will meet the requirements of subsection (a) of this section.

person; however, if the prospective mortgagor(s) cannot or choose(s) not to travel to a housing

counseling agency and cannot be visited by a counselor in their home, telephone counseling shall

be permitted by counseling agencies that are authorized by the United States Department of

Housing and Urban Development or the Federal Housing Administration to conduct telephone

counseling. (2) The reverse mortgage loan shall close within one hundred eighty (180) days after

the prospective mortgagor(s) sign(s) the counseling certificate. If the reverse mortgage loan does

not close within such one hundred eighty (180) day period, the parties shall be required to again

comply with the counseling requirements of this section. (3) Mortgagees shall provide

prospective mortgagors with the name of at least three (3) independent, authorized counseling

agencies approved by the United States Department of Housing and Urban Development or the

Federal Housing Administration. The mortgagee shall not recommend a counseling agency that is

an affiliate of the mortgagee.

(d) In the event that counseling shall not be available free of charge, the mortgagee shall

be responsible for the cost of the counseling to the extent that all other legitimate sources or of

funding the counseling including, without limitation, non-profit organizations and grants have not

been obtained. In the event that 12 U.S.C. § 1715z-20 or the federal regulations promulgated with

respect thereto shall, at the time such counseling fee is due and payable by the mortgagee,

expressly prohibit a mortgagee from being responsible for the cost of counseling, then subsection

(d) of this section shall not apply to a reverse mortgage loan that is subject to 12 U.S.C. § 1715z-

20 and the federal regulations promulgated with respect thereto.

(e) Counseling shall include, without limitation, discussion of the following with the

prospective mortgagor(s):

(1) Options other than a reverse mortgage that are available to the mortgagor(s),

including other housing, social service, health, and financial options;

(2) Other home equity conversion options that are or may become available to the

mortgagor(s), such as other reverse mortgages, sale-leaseback financing, deferred payment loan,

and property tax deferral;

(3) The financial implications of entering into a reverse mortgage;

(4) A disclosure that a reverse mortgage may have tax consequences, affect eligibility for

assistance under federal and state programs, and have an impact on the estate and heirs of the

homeowner(s), as well as an explanation of how the reverse mortgage may affect the estate and

public benefits of the mortgagor(s);

(5) Such other topics as shall be required to be addressed during counseling with respect

to a reverse mortgage pursuant to 12 U.S.C. § 1715z-20, and/or any regulations promulgated

pursuant thereto; and

(6) Such other topics as shall be required to be addressed by the director of the

department of elderly affairs.

(f) Subsections (b), (c), (e) of this section shall not apply to any reverse mortgage loan

that is subject to 12 U.S.C. § 1715z-20 and the federal regulations promulgated with respect

thereto; provided that such loan complies with the counseling requirements set forth in 12 U.S.C.

§ 1715z-20 and the federal regulations promulgated with respect thereto (including without

limitation 24 CFR Part 206).

SECTION 16. Section 34-44-2 of the General Laws in Chapter 34-44 entitled

"Abandoned Property" is hereby amended to read as follows:

34-44-2. Definitions. -- As used in this chapter:

(1) "Abandon" or "abandonment" means a situation where the owner of a building has

intended to abandon the building and has manifested the intent with some act or failure to act. In

determining whether an owner has abandoned his or her building, a court shall infer the intent of

the owner from the existence of serious code violations that pose a health and/or safety hazard to

the community and that have gone unrepaired for an unreasonable amount of time and from any

of the surrounding facts and circumstances including, but not limited to the following:

(i) Whether or not the building is vacant;

(ii) Whether or not the grounds are maintained;

(iii) Whether or not the building's interior is sound;

(iv) Whether or not any vandalism on the building has gone unrepaired;

(v) Whether or not rents have been collected from the building's tenants by the owner;

(vi) The length of time any of the above conditions have existed.

(2) "Abate" or "abatement" in connection with any property means the removal or

correction of any hazardous conditions deemed to constitute a public nuisance and the making of

such other improvements as are needed to affect a rehabilitation of the property that is consistent

with maintaining safe and habitable conditions over the remaining useful life of the property.

However, the closing or boarding up of any building that is found to be a public nuisance is not

an abatement of the nuisance.

(3) "Building" means any building or structure used for residential purposes or used for

retail stores, shops, salesrooms, markets, or similar commercial uses, or for offices, banks, civic

administration activities, professional services, or similar business or civic uses.

(4) "Interested party" means any owner, mortgagee, lienholder, or other entity or person

who or that possesses an interest of record in any property that becomes subject to the

jurisdiction of the court pursuant to this chapter and any applicant for the appointment of a

receiver pursuant to this chapter.

(5) "Neighboring landowner" means any owner of property, including any entity or

person who or that is purchasing property by land installment contract or under a duly executed

purchase contract, that is located within two hundred feet of any property that becomes subject to

the jurisdiction of the court pursuant to this chapter.

(6) "Public nuisance" means a building that is a menace to the public health, welfare, or

safety; or that is structurally unsafe, unsanitary; or not provided with adequate safe egress; or that

constitutes a fire hazard; or is otherwise dangerous to human life; or is otherwise no longer fit and

habitable; or that, in relation to existing use, constitutes a hazard to the public health, welfare, or

safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

SECTION 17. Section 39-3-40 of the General Laws in Chapter 39-3 entitled "Regulatory

Powers of Administration" is hereby amended to read as follows:

39-3-40. Storage, transportation and distribution of gas -- Regulation -- Penalties. --

(a) In regulating the storage, transportation, and distribution of gas, and the pressure under which

these operations may respectively be carried on, the division of public utilities and carriers may

ascertain, determine, and fix adequate and serviceable standards for the measurement of quality,

pressure, or other condition pertaining to the performing of its service, or to the furnishing of its

product or commodity, by any gas storage, transportation, and distribution facility, and prescribe

reasonable regulations for examination and testing of such service, product, or commodity.

(b) (1) Any person, firm or corporation who or that violates any provision of any code

adopted by the division pertaining to the safety of pipeline facilities and the transportation of gas,

or of any regulation or rule thereunder, at a time when the division has submitted to and has in

effect the annual certification to from the United States Secretary of Transportation provided for

in § 5(a) of the Natural Gas Pipeline Safety Act of 1968, as amended, (see § 60101 et seq. of Title

49 of the United States Code), shall be subject to civil penalties as specified in 49 U.S.C. §

60122(a), as amended. To provide adequate protection against risks to life and property posed by

pipeline transportation and pipeline facilities, the division shall possess the authority to adopt any

of the safety standards for pipeline transportation and for pipeline facilities that are contained in

49 U.S.C. § 60101 et seq.

(2) Any such penalty shall be determined by the division. In determining the amount of

the penalty, the appropriateness of the penalty to the size of the business of the person, firm, or

corporation charged; the gravity of the violation; and the good faith of the person, firm, or

corporation charged in attempting to achieve compliance after notification of a violation; shall be

considered. The amount of the penalty, where finally determined, may be deducted from any

sums that the state may owe to the person, firm, or corporation charged or may be recovered in a

civil action commenced in the state courts.

SECTION 18. Section 40-6-27 and 40-6-27.2 of the General Laws in Chapter 40-6

entitled "Public Assistance Act" is hereby amended to read as follows:

40-6-27. Supplemental security income. -- (a) (1) The director of the department is

hereby authorized to enter into agreements on behalf of the state with the secretary of the

Department of Health and Human Services or other appropriate federal officials, under the

supplementary and security income (SSI) program established by title XVI of the Social Security

Act, 42 U.S.C. section 1381 et seq., concerning the administration and determination of eligibility

for SSI benefits for residents of this state, except as otherwise provided in this section. The state's

monthly share of supplementary assistance to the supplementary security income program shall

be as follows:

(i) Individual living alone: $39.92 (ii) Individual living with others: $51.92 (iii) Couple

living alone: $79.38 (iv) Couple living with others: $97.30 (v) Individual living in state licensed

assisted living residence: $332.00 (vi) Individual eligible to receive Medicaid-funded long-term

services and supports and living in a Medicaid certified state licensed assisted living residence or

adult supportive care residence, as defined in § 23-17.24-1, participating in the program

authorized under §40-8.13-2.1 § 40-8.13-12: (a) with countable income above one hundred and

twenty (120) percent of poverty: up to $465.00; (b) with countable income at or below one

hundred and twenty (120) percent of poverty: up to the total amount established in (v) and $465:

$797 (vii) Individual living in state licensed supportive residential care settings that, depending

on the population served, meet the standards set by the department of human services in

conjunction with the department(s) of children, youth and families, elderly affairs and/or

behavioral healthcare, developmental disabilities and hospitals: $300.00.

Provided, however, that the department of human services shall by regulation reduce,

effective January 1, 2009, the state's monthly share of supplementary assistance to the

supplementary security income program for each of the above listed payment levels, by the same

value as the annual federal cost of living adjustment to be published by the federal social security

administration in October 2008 and becoming effective on January 1, 2009, as determined under

the provisions of title XVI of the federal social security act [42 U.S.C. § 1381 et seq.] and

provided further, that it is the intent of the general assembly that the January 1, 2009 reduction in

the state's monthly share shall not cause a reduction in the combined federal and state payment

level for each category of recipients in effect in the month of December 2008; provided further,

that the department of human services is authorized and directed to provide for payments to

recipients in accordance with the above directives. (2) As of July 1, 2010, state supplement

payments shall not be federally administered and shall be paid directly by the department of

human services to the recipient. (3) Individuals living in institutions shall receive a twenty dollar

($20.00) per month personal needs allowance from the state which shall be in addition to the

personal needs allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq. (4)

Individuals living in state licensed supportive residential care settings and assisted living

residences who are receiving SSI supplemental payments under this section who are participating

in the program under §40-8.13-2.1 § 40-8.13-12 or otherwise shall be allowed to retain a

minimum personal needs allowance of fifty-five dollars ($55.00) per month from their SSI

monthly benefit prior to payment of any monthly fees in addition to any amounts established in

an administrative rule promulgated by the secretary of the executive office of health and human

services for persons eligible to receive Medicaid-funded long-term services and supports in the

settings identified in subsection (a)(1)(v) and (a)(1)(vi). (5) Except as authorized for the program

authorized under §40-8.13-2.1 § 40-8.13-12 to ensure that supportive residential care or an

assisted living residence is a safe and appropriate service setting, the department is authorized and

directed to make a determination of the medical need and whether a setting provides the

appropriate services for those persons who: (i) Have applied for or are receiving SSI, and who

apply for admission to supportive residential care setting and assisted living residences on or after

October 1, 1998; or (ii) Who are residing in supportive residential care settings and assisted living

residences, and who apply for or begin to receive SSI on or after October 1, 1998. (6) The process

for determining medical need required by subsection (5) of this section shall be developed by the

office of health and human services in collaboration with the departments of that office and shall

be implemented in a manner that furthers the goals of establishing a statewide coordinated long-

term care entry system as required pursuant to the Medicaid section 1115 waiver demonstration.

(7) To assure access to high quality coordinated services, the executive office of health and

human services is further authorized and directed to establish certification or contract standards

that must be met by those state licensed supportive residential care settings, including adult

supportive care homes and assisted living residences admitting or serving any persons eligible for

state-funded supplementary assistance under this section or the program established under §40-

8.13-2.1 § 40-8.13-12. Such certification or contract standards shall define: (i) The scope and

frequency of resident assessments, the development and implementation of individualized service

plans, staffing levels and qualifications, resident monitoring, service coordination, safety risk

management and disclosure, and any other related areas; (ii) The procedures for determining

whether the certifications or contract standards have been met; and (iii) The criteria and process

for granting a one time, short-term good cause exemption from the certification or contract

standards to a licensed supportive residential care setting or assisted living residence that provides

documented evidence indicating that meeting or failing to meet said standards poses an undue

hardship on any person eligible under this section who is a prospective or current resident. (8)

The certification or contract standards required by this section or §40-8.13-2.1 § 40-8.13-12 shall

be developed in collaboration by the departments, under the direction of the executive office of

health and human services, so as to ensure that they comply with applicable licensure regulations

either in effect or in development. (b) The department is authorized and directed to provide

additional assistance to individuals eligible for SSI benefits for: (1) Moving costs or other

expenses as a result of an emergency of a catastrophic nature which is defined as a fire or natural

disaster; and (2) Lost or stolen SSI benefit checks or proceeds of them; and (3) Assistance

payments to SSI eligible individuals in need because of the application of federal SSI regulations

regarding estranged spouses; and the department shall provide such assistance in a form and

amount, which the department shall by regulation determine.

40-6-27.2. Supplementary cash assistance payment for certain supplemental security

income recipients. -- There is hereby established a $206 monthly payment for disabled and

elderly individuals who, on or after July 1, 2012, receive the state supplementary assistance

payment for an individual in state licensed assisted living residence under § 40-6-27 and further

reside in an assisted living facility that is not eligible to receive funding under Title XIX of the

Social Security Act, 42 U.S.C. § 1381 et seq. or reside in any assisted living facility financed by

the Rhode Island housing and mortgage finance corporation prior to January 1, 2006, and receive

a payment under § 40-6-27. Such a monthly payment shall not be made on behalf of persons

participating in the program authorized under §40-8.13-2.1 § 40-8.13-12.

SECTION 19. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled "Medical

Assistance - Long-Term Care Service and Finance Reform" is hereby amended to read as

follows:

40-8.9-9. Long-term care re-balancing system reform goal. -- (a) Notwithstanding any

other provision of state law, the executive office of health and human services is authorized and

directed to apply for and obtain any necessary waiver(s), waiver amendment(s) and/or state plan

amendments from the secretary of the United States department of health and human services,

and to promulgate rules necessary to adopt an affirmative plan of program design and

implementation that addresses the goal of allocating a minimum of fifty percent (50%) of

Medicaid long-term care funding for persons aged sixty-five (65) and over and adults with

disabilities, in addition to services for persons with developmental disabilities, to home and

community-based care; provided, further, the executive office shall report annually as part of its

budget submission, the percentage distribution between institutional care and home and

community-based care by population and shall report current and projected waiting lists for long-

term care and home and community-based care services. The executive office is further

authorized and directed to prioritize investments in home and community-based care and to

maintain the integrity and financial viability of all current long-term care services while pursuing

this goal.

(b) The reformed long-term care system re-balancing goal is person-centered and

encourages individual self-determination, family involvement, interagency collaboration, and

individual choice through the provision of highly specialized and individually tailored home-

based services. Additionally, individuals with severe behavioral, physical, or developmental

disabilities must have the opportunity to live safe and healthful lives through access to a wide

range of supportive services in an array of community-based settings, regardless of the

complexity of their medical condition, the severity of their disability, or the challenges of their

behavior. Delivery of services and supports in less costly and less restrictive community settings,

will enable children, adolescents and adults to be able to curtail, delay or avoid lengthy stays in

long-term care institutions, such as behavioral health residential treatment facilities, long-term

care hospitals, intermediate care facilities and/or skilled nursing facilities.

executive office of health and human services is directed and authorized to adopt a tiered set of

criteria to be used to determine eligibility for services. Such criteria shall be developed in

collaboration with the state's health and human services departments and, to the extent feasible,

any consumer group, advisory board, or other entity designated for such purposes, and shall

encompass eligibility determinations for long-term care services in nursing facilities, hospitals,

and intermediate care facilities for persons with intellectual disabilities as well as home and

community-based alternatives, and shall provide a common standard of income eligibility for

both institutional and home and community-based care. The executive office is authorized to

adopt clinical and/or functional criteria for admission to a nursing facility, hospital, or

intermediate care facility for persons with intellectual disabilities that are more stringent than

those employed for access to home and community-based services. The executive office is also

authorized to promulgate rules that define the frequency of re-assessments for services provided

for under this section. Levels of care may be applied in accordance with the following:

(1) The executive office shall continue to apply the level of care criteria in effect on June

30, 2015 for any recipient determined eligible for and receiving Medicaid-funded long-term

services in supports in a nursing facility, hospital, or intermediate care facility for persons with

intellectual disabilities on or before that date, unless (a) the recipient transitions to home and

community based services because he or she would no longer meet the level of care criteria in

effect on June 30, 2015; or (b) the recipient chooses home and community based services over the

nursing facility, hospital, or intermediate care facility for persons with intellectual disabilities. For

the purposes of this section, a failed community placement, as defined in regulations promulgated

by the executive office, shall be considered a condition of clinical eligibility for the highest level

of care. The executive office shall confer with the long-term care ombudsperson with respect to

the determination of a failed placement under the ombudsperson's jurisdiction. Should any

Medicaid recipient eligible for a nursing facility, hospital, or intermediate care facility for persons

with intellectual disabilities as of June 30, 2015 receive a determination of a failed community

placement, the recipient shall have access to the highest level of care; furthermore, a recipient

who has experienced a failed community placement shall be transitioned back into his or her

former nursing home, hospital, or intermediate care facility for persons with intellectual

disabilities whenever possible. Additionally, residents shall only be moved from a nursing home,

hospital, or intermediate care facility for persons with intellectual disabilities in a manner

consistent with applicable state and federal laws.

(2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a

nursing home, hospital, or intermediate care facility for persons with intellectual disabilities shall

not be subject to any wait list for home and community based services.

(3) No nursing home, hospital, or intermediate care facility for persons with intellectual

disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds

that the recipient does not meet level of care criteria unless and until the executive office has: (i)

performed an individual assessment of the recipient at issue and provided written notice to the

nursing home, hospital, or intermediate care facility for persons with intellectual disabilities that

the recipient does not meet level of care criteria; and (ii) the recipient has either appealed that

level of care determination and been unsuccessful, or any appeal period available to the recipient

regarding that level of care determination has expired.

(d) The executive office is further authorized to consolidate all home and community-

based services currently provided pursuant to § 1915(c) of title XIX of the United States Code

into a single system of home and community-based services that include options for consumer

direction and shared living. The resulting single home and community-based services system

shall replace and supersede all § 1915(c) programs when fully implemented. Notwithstanding the

foregoing, the resulting single program home and community-based services system shall include

the continued funding of assisted living services at any assisted living facility financed by the

Rhode Island housing and mortgage finance corporation prior to January 1, 2006, and shall be in

accordance with chapter 66.8 of title 42 of the general laws as long as assisted living services are

a covered Medicaid benefit.

(e) The executive office is authorized to promulgate rules that permit certain optional

services including, but not limited to, homemaker services, home modifications, respite, and

physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care

subject to availability of state-appropriated funding for these purposes.

(f) To promote the expansion of home and community-based service capacity, the

executive office is authorized to pursue payment methodology reforms that increase access to

homemaker, personal care (home health aide), assisted living, adult supportive care homes, and

adult day services, as follows:

(1) Development, of revised or new Medicaid certification standards that increase access

to service specialization and scheduling accommodations by using payment strategies designed to

achieve specific quality and health outcomes.

(2) Development of Medicaid certification standards for state authorized providers of

adult day services, excluding such providers of services authorized under § 40.1-24-1(3), assisted

living, and adult supportive care (as defined under § 23-17.24) that establish for each, an acuity-

based, tiered service and payment methodology tied to: licensure authority, level of beneficiary

needs; the scope of services and supports provided; and specific quality and outcome measures.

The standards for adult day services for persons eligible for Medicaid-funded long-term services

may differ from those who do not meet the clinical/functional criteria set forth in § 40-8.10-3.

(g) The executive office shall implement a long-term care options counseling program to

provide individuals or their representatives, or both, with long-term care consultations that shall

include, at a minimum, information about: long-term care options, sources and methods of both

public and private payment for long-term care services and an assessment of an individual's

functional capabilities and opportunities for maximizing independence. Each individual admitted

to or seeking admission to a long-term care facility regardless of the payment source shall be

informed by the facility of the availability of the long-term care options counseling program and

shall be provided with long-term care options consultation if they so request. Each individual who

applies for Medicaid long-term care services shall be provided with a long-term care consultation.

(h) The executive office is also authorized, subject to availability of appropriation of

funding, and federal Medicaid-matching funds, to pay for certain services and supports necessary

to transition or divert beneficiaries from institutional or restrictive settings and optimize their

health and safety when receiving care in a home or the community. The secretary is authorized to

obtain any state plan or waiver authorities required to maximize the federal funds available to

support expanded access to such home and community transition and stabilization services;

provided, however, payments shall not exceed an annual or per person amount.

(i) To ensure persons with long-term care needs who remain living at home have

adequate resources to deal with housing maintenance and unanticipated housing related costs, the

secretary is authorized to develop higher resource eligibility limits for persons or obtain any state

plan or waiver authorities necessary to change the financial eligibility criteria for long-term

services and supports to enable beneficiaries receiving home and community waiver services to

have the resources to continue living in their own homes or rental units or other home-based

settings.

(j) The executive office shall implement, no later than January 1, 2016, the following

home and community-based service and payment reforms:

(1) Community-based supportive living program established in §40-8.13-2.1 § 40-8.13-

12;

(2) Adult day services level of need criteria and acuity-based, tiered payment

methodology; and

(3) Payment reforms that encourage home and community-based providers to provide the

specialized services and accommodations beneficiaries need to avoid or delay institutional care.

(k) The secretary is authorized to seek any Medicaid section 1115 waiver or state plan

amendments and take any administrative actions necessary to ensure timely adoption of any new

or amended rules, regulations, policies, or procedures and any system enhancements or changes,

for which appropriations have been authorized, that are necessary to facilitate implementation of

the requirements of this section by the dates established. The secretary shall reserve the discretion

to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with

the governor, to meet the legislative directives established herein.

SECTION 20. Section 44-3-16.2 of the General Laws in Chapter 44-3 entitled "Property

Subject to Taxation" is hereby amended to read as follows:

44-3-16.2. North Smithfield -- Tax stabilization for certain persons age sixty-five

(65) and over. -- (a) Definitions:

(1) "Qualified senior" for the purpose of this section means any person who shall satisfy

the criteria in subsection (A)(i) or (ii) or (iii); and all of the criteria of subsections (B) -- (J)

inclusive:

(A) (i) Who is age sixty-five (65) or more if single or widowed;

(ii) Who, if married, at least one taxpayer who has attained age sixty-five (65) as long as

the taxpayers' spouse is at least fifty (50) years of age;

(iii) Who, if widowed, over age fifty (50) whose spouse was at least age sixty-five (65)

prior to death and either spouse was a participant under this ordinance prior to death;

(B) Whose home is a single-family home (condominium ownership not eligible);

spouse (if living);

(D) Who is a resident of the State of Rhode Island for income tax purposes, as is the

spouse (if living);

(E) Who is not a registered voter of any other city, town, or political subdivision of

Rhode Island or any other state, nor is the spouse (if living);

(F) Who has resided in the principal residence for the past seven (7) years, as has the

spouse (if living);

(G) Whose real estate tax previously billed is not delinquent by more than four (4)

quarters;

(H) Who would otherwise qualify but has been forced to relocate residence through no

fault of the taxpayer (e.g., in cases of fire, natural disaster, or taking of property by eminent

domain by a state or local government);

(I) Whose real estate tax bill is more than five percent (5%) of the total income of the

taxpayer, or, if living, of both spouses. "Total income" means the total of adjusted-gross income

per US individual income tax return, Form 1040, 1040-A (or the like), plus non-taxable income

such as non-taxed social security benefits, welfare benefits, child support receipts, municipal

bond interest receipts, and other non-taxable items of income;

(J) Who completes the application process and who attests that the individual meets, or, if

living, both spouses meet, all of the qualifications as outlined above.

(2) "Deferred Yearly Tax" for the purpose of this section means the amounts otherwise

due for the assessment date of the year in which the taxpayer turned age sixty-four (64), or the

year of the date of first application to the program whichever is later in time, and the tax assessed

the following July.

(3) "Deferred Amount" for the purpose of this section means as the difference between

the yearly tax and the amount of tax that would otherwise be due and payable if the applicant did

not qualify under this program.

(4) "Disqualifying Event" for the purpose of this section means to include any and all of

the following:

(A) Sale of the property;

(B) Transfer of the property to a family member without life tenancy;

(D) Written request by the applicant to be removed from the program; or

(E) Any property whose square footage living space is increased since application and

acceptance under this ordinance.

(b) Deferral of tax:

(1) The town council of the town of North Smithfield may, by ordinance, establish a

deferral of taxes on the principal residence of a qualified senior located in the town of North

Smithfield.

(2) Upon proper application, approved by the administrator or his/her designee, the

assessment and tax will be deferred. The deferred amount will be deferred, without the

accumulation of interest, until the occurrence of a disqualifying event.

(3) A deferral under this ordinance shall not be disallowed if the owner applicant has only

a life estate in the property or if the property is in the name of a parent or one or more children or

in a trust for the benefit of the otherwise qualified resident and the owners submit an affidavit that

the qualified resident is the principle principal owner or present beneficiary and title is held in

that manner for estate planning purposes only.

(4) A deferral is not allowed for any improvement for outbuildings such as garages or

storage sheds, attached or not, to the principle principal residence once application and

acceptance into the tax freeze program occurs.

(1) The taxpayer shall initially apply for eligibility in the tax stabilization program

between the dates of January 1 and March 31, for taxes assessed the following July of that year.

After initial approval, the taxpayer must sign each year thereafter a statement attesting to the fact

that the taxpayer and the spouse continue to qualify under the ordinance provisions.

(2) Participation is optional at the taxpayer's option.

(3) Failure to file subsequent statements of eligibility; or the occurrence of a

disqualifying event of a temporary nature; or the elimination of a disqualifying event that no

longer applies, shall require re-entry into the program and full reapplication and recertification,

and shall nullify the freeze and any deferral for the tax year in which the disqualifying event

occurred, and past deferred amounts shall be due under subsection (e). In such case, the frozen

yearly tax shall be calculated as of the year of re-entry into the program.

(d) Recording of deferral; Lien:

(1) All properties subject to the deferral program will have the deferral noted on the deed

and the deferral will be registered and recorded with the North Smithfield town clerk. Normal

recording fees will apply.

(2) All taxes deferred shall constitute a lien on the real estate for which the deferment was

granted until paid in accordance with the provisions ordinance.

(e) Payment of deferral:

(1) All deferrals must be paid in full within six (6) months of a disqualifying event in the

case of a death of the legal owner of the property, at closing and conveyance in the event of a sale

and within three (3) months of any other disqualifying event.

(2) Failure to report the disqualifying event, and/or to pay the deferral tax when due, will

carry a maximum penalty of one hundred dollars ($100) per month, or portion thereof, and

applicable interest on the currently assessed tax without regard to the freeze provisions contained

herein. Interest will be assessed and due in the same manner as other past due tax receivables and

will apply to all amounts previously deferred as well as current amounts due.

(f) Appeal: - Appeals of all decisions as to the application, administration, eligibility or

other matter relating to this ordinance shall be made in writing to the North Smithfield town

council.

(g) Severability: - If any provision of this chapter or the application thereof to any person

or circumstances is held invalid, such invalidity shall not affect other provisions or applications of

the chapter, which can be given effect without the invalid provision or application, and to this end

the provisions of this chapter are declared to be severable.

SECTION 21. Section 45-24-60 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

45-24-60. Administration -- Violations. -- (a) A zoning ordinance adopted pursuant to

this chapter provides shall provide for a penalty for any violation of the zoning ordinance, or for

a violation of any terms or conditions of any action imposed by the zoning board of review or of

any other agency or officer charged in the ordinance with enforcement of any of its provisions.

The penalty for the violation must reasonably relate to the seriousness of the offense, and not

exceed five hundred dollars ($500) for each violation, and each day of the existence of any

violation is deemed to be a separate offense. Any fine inures shall inure to the city or town.

(b) The city or town may also cause suit to be brought in the supreme or superior court,

or any municipal court, including a municipal housing court having jurisdiction, in the name of

the city or town, to restrain the violation of, or to compel compliance with, the provisions of its

zoning ordinance. A city or town may consolidate an action for injunctive relief and/or fines

under the ordinance in the superior court of the county in which the subject property is located.

ARTICLE II--STATUTORY REENACTMENT

SECTION 22. Sections 29-1-2, 29-1-10, and 29-1-15 of the General Laws in Chapter 29-

1 entitled "State Library" are hereby amended to read as follows:

29-1-2. Care of library – Preservation of books and documents. -- Preservation of

books and documents. – The secretary of state shall have the care and custody of the state library,

except the law library, and shall receive and preserve all books and documents which that may

be sent to, or purchased for, the library.

29-1-10. Legislative reference bureau – Functions. -- There shall be in the state library,

under the direction of the state librarian, a legislative reference bureau which that shall collect,

arrange, and place on file books, pamphlets, and other material relating to legislation,; which that

shall prepare abstracts of laws in other states,; and which that shall present such other

information as may be useful and necessary to the general assembly in the performance of its

legislative duties.

29-1-15 Cooperation with federal officials. – The secretary of state is hereby

empowered to cooperate with the secretary of education Secretary of Education of the United

States of America or any United States officer in carrying out the purposes of any and all acts of

congress Congress for the benefit of those library services, including archives and records which

that are under his or her jurisdiction.

SECTION 23. Sections 29-3.1-2.2 and 29-3.1-7 of the General Laws in Chapter 29-3.1

entitled "Office of State Library and Information Services" are hereby amended to read as

follows:

29-3.1-2.2. Library board of Rhode Island established. -- (a) There is hereby created

the library board of Rhode Island, sometimes hereinafter referred to as the "library board". The

library board shall be protected from sudden changes in membership and reversal of policy by

having staggered terms for its public members, and is hereby made successor to all powers,

rights, duties, and privileges pertaining to public library services and interlibrary cooperation and

resource sharing.

(b) The library board shall consist of fifteen (15) members appointed by the governor,

with the advice and consent of the senate, five (5) of whom shall be representative of general

library users. The remainder of the governor's appointments shall be representative of the

following:

(i)(1) Users of the talking books plus, [the] economically disadvantaged, and corporate or

special librarians; school library media specialists;

(ii)(2) Librarians serving people who are institutionalized;

(iii)(3) Public library trustees and statewide library advocacy group; and

(iv)(4) Librarians from small public libraries, librarians from large or medium public

libraries, and academic librarians.

commissioner for higher education, or a designee, shall serve as nonvoting ex officio members.

The governor shall appoint from the library board's public members a chairperson. The board

may elect from among its members such other officers as it deems necessary.

(d) Board members shall receive no compensation for their services but shall be allowed

travel expenses related to attendance at board meetings.

(e) No person shall be eligible for appointment to the board unless he or she is a resident

of this state.

(f) Members of the board shall be removable by the governor pursuant to the provisions

of § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to

capacity or fitness for the office shall be unlawful.

29-3.1-7. Duties of chief of library services. -- The chief of library services officer shall

be the executive and administrative officer in charge of the office of library and information

services. The position of chief information officer shall be in the unclassified service of the

state. The chief of library services shall serve as the chief executive officer of the library board.

The chief of library services shall also carry out the duties required by this chapter and by

chapters 5 and 6 of this title. In addition to the general supervision of the office of library and

information services and the appointment of the several officers and employees of the office, it

shall be the duty of the chief of library services:

(1) To develop a systematic program of information gathering, processing, and analysis

addressed to every aspect of public library development and interlibrary cooperation and resource

sharing in this state, especially as that information relates to current and future library and

information service needs, so that current needs may be met with reasonable promptness and

plans formulated to meet future needs as they arise in the most efficient and economical manner

possible;

(2) To develop a master plan defining board goals and objectives for public library

development and interlibrary cooperation and resource sharing in the state. These goals and

objectives shall be expressed in terms of the library and information services to which individuals

will have access;

(3) To communicate with and seek the advice of those concerned with and affected by the

library board's determinations;

(4) To develop and implement board policy as it pertains to the goals and objectives

approved by the library board from time to time;

(5) To enforce standards and to exercise general supervision over interlibrary cooperation

and resource sharing in the state;

(6) To develop annually the program for the use of federal funds that is submitted to the

United States institute of museum and library services; Institute of Museum and Library

Services;

(7) To supervise the operation of the office of library and information services as defined

elsewhere in this title and such other additional duties and responsibilities as may be assigned by

the library board from time to time; and

(8) To supervise the following functions:

(i) To distribute state funds for public library development and interlibrary cooperation

and resource sharing in accordance with law and regulations of the library board;

(ii) To develop standards and regulations for public library development and interlibrary

cooperation and resource sharing;

(iii) To certify that public library standards and services are in accordance with law and

regulations of the library board;

(iv) To require the observance of all laws relating to public library services and

interlibrary cooperation and resource sharing;

(v) To interpret library law;

(vi) To give assistance, advice, and counsel to public libraries and to participants in

interlibrary cooperation and resource sharing activities;

(vii) To require that information and statistics necessary to do the work of the office of

library and information services be collected, to publish findings and reports thereon;

(viii) To provide eligible persons who are impaired, blind, reading impaired and/or

physically impaired with library services through the talking books plus, in cooperation with the

library of congress national library service for the blind and physically handicapped;

Library of Congress National Library Service for the Blind and Physically Handicapped;

(ix) To cooperate with the commissioner of elementary and secondary education in

supporting and encouraging effective school library media services and their integration into

statewide library networking activities;

(x) To cooperate with the state librarian and the state law librarian in strengthening

services to library users;

(xi) To cooperate with the commissioner of higher education in supporting and

encouraging effective library services through the state system of higher education; and

(xii) To coordinate with all other state departments and agencies in the provision of

library services to state government and to the public.

SECTION 24. Section 29-4-8 of the General Laws in Chapter 29-4 entitled "Free Public

Libraries" is hereby amended to read as follows:

29-4-8. Acceptance of gifts by trustees. -- In case of any bequest, legacy, or gift to, or in

favor of, a public library, the trustees thereof are hereby authorized and empowered to accept the

bequest, legacy, or gift in on behalf of, and for the use of, the library, and their receipt shall be a

full and sufficient discharge and release to any executor, administrator, or other person authorized

to make the payment thereof.

SECTION 25. Sections 29-5-2, 29-5-3, 29-5-4, 29-5-5, and 29-5-6 of the General Laws

in Chapter 29-5 entitled "Interstate Library Compact" are hereby amended to read as follows:

29-5-2. Compliance with local laws. -- No city, town, or library district of this state,

hereinafter to be created, shall be party to a library agreement which that provides for the

construction or maintenance of a library pursuant to article III(c)7 of § 29-5-1, nor pledge its

credit in support of that library, or contribute to the capital financing thereof, except after

compliance with any laws applicable to the cities, towns, or library districts hereinafter to be

created relating to or governing capital outlays and the pledging of credit.

29-5-3. "State library agency" defined. -- As used in § 29-5-1, "state library agency",

with reference to this state, means the director chief of the department of state library services

or his or her designated agent

29-5-4. Appropriations. -- An interstate library district lying partly within this state may

claim and be entitled to receive state aid in support of any of its functions to the same extent and

in the same manner as these functions are eligible for support when carried on by entities wholly

within this state. For the purposes of computing and apportioning state aid to interstate library

districts hereinafter to be created, this state will consider that portion of the area which that lies

within this state as an independent entity for the performance of the aided function or functions

and compute and apportion the aid accordingly. Subject to any applicable laws of this state, the

district also may apply for and be entitled to receive any federal aid for which it may be eligible.

29-5-5. Compact administrator. -- The director chief of the department of state

library services shall be the compact administrator pursuant to article X of § 29-5-1.

29-5-6. Notices of withdrawal. -- In the event of withdrawal from the compact, the

director chief of the department of state library services shall send and receive any notices

required by article XI(b) of § 29-5-1.

SECTION 26. Sections 29-6-3 and 29-6-9 of the General Laws in Chapter 29-6 entitled

"State Aid to Libraries" are hereby amended to read as follows:

29-6-3. Eligibility requirements – Municipalities. -- (a) To qualify for state aid under §

29-6-2, a city or town shall:

(1) Appropriate from local tax revenues an amount not less than the amount appropriated

the previous year from local tax revenues and expended for library operating expenses, except in

the fiscal years ending June 30, 2009 and June 30, 2010, during which the amount appropriated

from local tax revenues is not less than eighty percent (80%) of the amount appropriated from the

previous year from local tax revenues and expended for library operating systems. The

appropriation would exclude any state funds received for public library services. Any funds

received from the state shall not be used to supplant funds from local tax revenues;

(2) In the case of a city or town having more than one free public library therein, submit

or cause to be submitted to the office of library and information services a plan for the allotment

or division of the proposed state aid among the free public libraries in the city or town. The plan

shall be developed by agreement among the free public libraries of the city or town;

(3) Submit or cause to be submitted to the office of library and information services

evidence that free public libraries in the city or town meet standards of service as set forth in

regulations to be made by the chief of library services pursuant to the provisions of chapter 3.1 of

this title or that the regulations are inappropriate for that library;

(4) Submit or cause to be submitted a plan describing how the public library or libraries

plan to address one or more of the priorities established by the office of library and information

services.

(b) The chief of library services upon application and for cause shown may authorize an

annual grant-in-aid under § 29-6-2, or a portion thereof, to a city or town not fully meeting the

requirements set forth in paragraphs (1) -- (3) of this subsection. subsections (a)(1)-(a)(3).

and the amounts of the grants-in-aid, shall be made by the chief of library services.

(d) The chief of library services shall require a preservation plan from any public library

which receives an appropriation from the state of Rhode Island which states the preservation

needs and objectives of the library for the coming fiscal year. The plan shall include, but not be

limited to: condition of materials, assessment of building and environmental controls, and

preservation measures to be taken.

(e) The chief of library services shall require a disaster preparedness plan from any public

library which receives an appropriation from the state of Rhode Island which states the plan of

action to be taken in the event of a natural or human made disaster. The plan shall be in

accordance with a suggested plan published by the office. The plan shall be submitted no later

than January 1, 1993 and shall be updated yearly.

29-6-9. Rhode Island library network. -- (a) In order to provide each individual in

Rhode Island with equal opportunity of access to resources that will satisfy their and society's

information needs and interests, the office of library and information services is hereby

authorized to establish a Rhode Island Library network, hereafter referred to as the library of

Rhode Island network (LORI), to be administered by the office of library and information

services for the purpose of maintaining, promoting, and developing a program of statewide

resource sharing and interlibrary cooperation. The office of library and information services shall

include, as part of its budget, a budget for the administration and operation of the Rhode Island

library network to:

(1) Provide central support services for the library of Rhode Island, such as delivery of

materials, telecommunications, consultant services, resource sharing, and access to bibliographic

and other information sources;

(2) Reimburse libraries for the actual cost of providing services to individuals outside the

library's primary clientele; and

(3) Support the development, maintenance of, and access to the resource sharing potential

embodied in specialized collections and services at the Providence public library and other

libraries which that can be provided most cost-effectively cost effectively on a statewide basis.

(b) By fiscal year 2000, the state shall provide, from state and federal revenue sources,

one hundred percent (100%) of the funding for the following statewide library services:

(1) Reference resource center located in a public library to be chosen biennially by the

Office of Library Information Services office of library and information services from

responses to a request for proposals issued by the office of library and informational services;

(2) Interlibrary delivery system;

(3) Interlibrary telecommunications system;

(4) Electronic interlibrary loan system; and

(5) Statewide catalog of all library holdings.

(6) [Deleted by P.L. 1996, ch. 100, art. 29, § 1.]

catalog and the statewide access to databases shall be subject to appropriation by the general

assembly. The duty imposed upon the office of state library and information services to create

and maintain a statewide library catalog and provide statewide access to databases shall be

subject to appropriation by the general assembly.

SECTION 27. Sections 29-7-1 and 29-7-2 of the General Laws in Chapter 29-7 entitled

"State Publications Clearinghouse" are hereby amended to read as follows:

29-7-1. Purpose. -- The purpose of this chapter is to establish a state publications

clearinghouse for libraries which that will systematically collect and distribute state publications

to libraries throughout the state in order to facilitate public access to publications issued by state

agencies and for exchange of publications with agencies outside of the state under the direction of

the state librarian as provided in § 29-1-5.

29-7-2. Definitions. -- As used in this chapter:

(1) "Depository library" means a library designated to collect, maintain, and make

available state publications to the general public. The clearinghouse director shall consider the

geography of the state when designating depository libraries;

(2) "Printed" means any form of printing and duplicating, regardless of format, with the

exception of correspondence, and interoffice and intraoffice memoranda;

(3) "State agency" means any state office, whether legislative, executive, or judicial,

including, but not limited to, any constitutional officer, department, division, bureau, board,

commission, and/or any other agency which that expends state appropriated funds; and

(4) "State publication" means any publication, regardless of physical form or

characteristics produced, made available electronically, printed, purchased, or authorized for

distribution by a state agency, except those determined by the issuing agency to be required for

official use only for administrative or operational purposes.

SECTION 28. Sections 30-3-17 and 30-3-22 of the General Laws in Chapter 30-3

entitled "National Guard" are hereby amended to read as follows:

30-3-17. Uniforms and equipment of officers. -- Every commissioned officer and every

warrant officer of the national guard shall provide himself or herself with the arms, uniforms,

and equipment prescribed and approved by the governor.

30-3-22. Physical fitness boards. -- The physical fitness for service of commissioned

officers or warrant officers of the national guard shall be determined, by a board of five (5)

medical persons, which who shall be appointed by the governor for that purpose. Two (2) of the

medical persons shall be selected by the governor, and two (2) shall be selected by the officer

under examination. The four (4) medical persons shall select a fifth medical person. The officer

shall submit his or her selections to the governor within ten (10) days of receipt of notice that he

or she is to be examined for physical fitness. Failure of the officer to submit his or her selections

to the governor within the prescribed period of time shall be deemed to have been a waiver of his

or her rights and the governor shall select the remaining members of the examining board. The

findings and recommendations of the board shall be transmitted to the governor. If the officer is

found to be physically unfit for service by a majority vote of the examining board, and the finding

is approved by the governor, the officer shall be discharged from the national guard, subject to the

provisions of § 30-3-39.

SECTION 29. Sections 30-4-1, 30-4-3, and 30-4-4 of the General Laws in Chapter 30-4

entitled "Independent Military Organizations" are hereby amended to read as follows:

30-4-1. Constitution -- Age limits -- Enlistment papers. -- The independent chartered

military organizations shall be constituted as provided, respectively, in their charters, or any

amendments thereof. The members of these organizations shall be subject to no age limit other

than prescribed respectively by their charters or rules made thereunder, and each active member

shall be enlisted for a term of at least three (3) years. A copy of the enlistment papers shall be

forwarded to the adjutant general, and shall be kept on file in his or her office. The adjutant

general shall prepare a roll of all active, independent chartered military organizations which that

shall be kept on file in his or her office.

30-4-3. Allowances for maintenance of armories. -- The general assembly shall

annually appropriate such a sum as it may deem necessary for the purpose of heating, lighting,

and repairing the armories of the independent chartered military organizations of the state, which

sum shall be apportioned as follows:

(1) For the artillery company in the town of Newport, twenty-five hundred dollars

($2,500);

(2) For the Kentish guards, twenty-five hundred dollars ($2,500);

(3) For the train of artillery in the town and county of Bristol, twenty-five hundred dollars

($2,500);

(4) For the naval militia battalion in their armory afloat, the U.S.S. Providence, two

thousand five hundred dollars ($2,500);

(5) For the Glocester light infantry in the town of Glocester, twenty-five hundred dollars

($2,500); and

(6) For the Pawtuxet rangers in the city of Cranston, twenty-five hundred dollars

($2,500); and

(7) For the Varnum Continentals in the town of East Greenwich, twenty-five hundred

dollars ($2,500); and

(8) For the Federal Blues in the town of Warren, twenty-five hundred dollars ($2,500).

30-4-4. Allowance for armorer's expenses. -- Each independent chartered military

organization of the state which that has been entered on the approved active roll of the state

adjutant general may also receive annually the sum of five hundred dollars ($500) for armorer's

expenses, to be paid in January of each year. The adjutant general shall not allow this sum of five

hundred dollars ($500) to be paid unless the functions of the armorer have been properly

performed.

SECTION 30. Section 30-5-3 of the General Laws in Chapter 30-5 entitled "Unorganized

Militia" is hereby amended to read as follows:

30-5-3. Failure to answer call to duty. -- Every member of the unorganized militia

called out, or who volunteers or is drafted under the provisions of chapters 1 -- 14 of this title,

who, after being duly notified in accordance with the provisions hereof, does not appear at the

time and place designated by his or her commanding officer, the mayor, or president of the town

council, or who does not produce, from a physician in good standing, a sworn certificate of

physical disability so to appear, shall be guilty of a misdemeanor.

SECTION 31. Section 30-6-2 of the General Laws in Chapter 30-6 entitled "Pay and

Allowances" is hereby amended to read as follows:

30-6-2. Pay of officers on active duty. -- Every commissioned officer or warrant officer

of the national guard, ordered to duty by the governor or under his or her authority, or detailed by

the governor or under his or her authority to serve on or with any military board, court of inquiry,

or court martial, shall receive for every day actually on duty the same pay and allowances that a

federally recognized national guard commissioned officer or warrant officer, of the same grade

and length of service, would receive or be entitled to when participating, in a federal pay status, in

encampments or maneuvers prescribed or authorized under the laws of the United States and the

regulations issued thereunder; provided, however, that no officer or warrant officer shall receive

less than the minimum federal hourly wage rate then prevailing on the day of duty for hours

served on duty, up to a maximum of twelve (12) hours of duty, regardless of the extra hours

served.

SECTION 32. Section 30-7-4 of the General Laws in Chapter 30-7 entitled "Privileges

and Immunities of Militiamen" is hereby amended to read as follows:

30-7-4. Defense of actions. -- When an action or proceeding of any nature is commenced

in any court against any member of the militia for an act done by the member in his or her

official capacity in the discharge of his or her duty, or for an alleged omission by the member to

do an act which that it was his or her duty to perform, or against any officer or enlisted person

acting under proper authority or by virtue of a warrant issued to that person pursuant to law, the

defendant in that action or proceeding may require the person instituting or prosecuting the action

to file security in an amount to be fixed by the court for the payment of costs that may be awarded

to the defendant therein. The defendant in all cases may make a general denial and give the

special matter in evidence. A defendant in whose favor a nonsuit or a final judgment is rendered

in any such action or proceeding shall recover treble costs. The governor shall appoint special

counsel, to defend the action or proceeding, at the expense of the state.

SECTION 33. Sections 30-8-7 and 30-8-9 of the General Laws in Chapter 30-8 entitled

"Decorations" are hereby amended to read as follows:

30-8-7. Rules, regulations, and orders. -- The adjutant general shall make from time to

time, rules, regulations, and orders, not inconsistent herewith, which that he or she deems

necessary to carry into effect the provisions of this chapter,; to establish awards not inconsistent

with this chapter,; and to establish the eligibility of persons to receive and the method of award of

the decorations provided for under this chapter.

30-8-9. Rhode Island defense service medal. -- (a) Members of the national guard

ordered, called, or drafted to active duty under the constitution and laws of the United States

during the operation desert shield/desert storm Operation Desert Shield/Desert Storm call-up

and all members of the National Guard who were part of the selected Reserve in good standing

between August 2, 1990, through November 30, 1995; and from September 11, 2001, to a date to

be determined or federal call-ups subsequent thereto, or those serving on full-time national guard

training duty during the federal call-up, may be awarded the Rhode Island defense service medal.

No more than one Rhode Island defense service medal shall be awarded to any person, but for

each succeeding service, a bronze oak-leaf cluster shall be awarded in lieu thereof.

(b) The adjutant general shall follow the provisions of §§ 30-8-6 and 30-8-7 with

reference to the design and procurement of the medal and the rules, regulations, and orders with

reference thereto.

SECTION 34. Section 30-10-6 of the General Laws in Chapter 30-10 entitled "Armories

and Campgrounds" is hereby amended to read as follows:

30-10-6. Rental of armories for nonmilitary purposes. -- The adjutant general may

authorize the use of any armory under his or her control, for nonmilitary purposes, subject to such

rules and conditions as he or she may prescribe, which that are lawful and approved, provided

that the person, corporation, organization, or society to whom the use may be authorized shall pay

in advance to the adjutant general such a sum for the use thereof as may be prescribed by the

adjutant general. This sum shall in no case, where admission is charged, be less than the fair

rental value of halls of a similar nature, in the same or a similar city or town. These persons,

corporations, organizations, or societies shall, if required by the adjutant general, furnish a bond,

with good and sufficient surety, to protect and indemnify the state from loss or damage to the

armory, or to any federal or state property, or to the property of any military organization or

members thereof, contained therein.

SECTION 35. Section 30-11-8 of the General Laws in Chapter 30-11 entitled "Criminal

Offenses" is hereby amended to read as follows:

30-11-8. Reservists' right to other advantages of employment -- Civil remedies. -- A

reservist's absence for military training will in no wise way affect the employee's right to receive

normal vacation, sick leave, bonus, advancement, and other advantages of his or her employment

normally to be anticipated in his or her particular position. In the event of the failure of any

employer to comply with the foregoing, the employee may, at his or her election, bring an action

at law for damages for this noncompliance, or apply to the superior court for such equitable relief

as may be just and proper under the circumstances, and this action shall take precedence on the

court calendar.

SECTION 36. Section 30-12-3 of the General Laws in Chapter 30-12 entitled "General

Offenses" is hereby amended to read as follows:

30-12-3. Pursuit into this state by forces of another state. -- Any military force or

organization, or unit, or detachment thereof of another state who that is in fresh pursuit of

insurrectionists, saboteurs, enemies, or enemy forces may continue that pursuit into this state until

the military or police forces of this state, or the forces of the United States, have had a reasonable

opportunity to take up the pursuit or to apprehend or capture these persons, and is hereby

authorized to arrest or capture these persons within this state while in fresh pursuit. Any of the

above described persons who shall be captured or arrested by the military forces of another state

while in this state shall, without unnecessary delay, be surrendered to the military or police forces

of this state to be dealt with according to law. This section shall not be construed so as to make

unlawful any arrest in this state which would otherwise be lawful.

SECTION 37. Sections 30-13-23, 30-13-34, 30-13-41, 30-13-65, 30-13-66, 30-13-71, 30-

13-72, 30-13-74, 30-13-77, 30-13-87, 30-13-90, 30-13-92, 30-13-99, 30-13-100, 30-13-101, 30-

13-103, 30-13-107, 30-13-108, 30-13-109, 30-13-111, 30-13-116, 30-13-117, 30-13-118, 30-13-

121, 30-13-125, 30-13-126, 30-13-127, 30-13-128, 30-13-131, and 30-13-133 of the General

Laws in Chapter 30-13 entitled "Rhode Island Code of Military Justice" are hereby amended to

read as follows:

30-13-23. Confinement in default of payment of fine. -- All courts-martial shall have

power to sentence, in the alternative, to confinement in default of payment of a fine imposed by

the court; in court. In these cases, the court shall fix a reasonable time within which the fine

shall be paid; provided, however, that the sentence of confinement shall not exceed one day for

each five dollars ($5.00) of fine imposed.

30-13-34. Investigation. -- (a) No charge or specification may be referred to a general

court-martial for trial until a thorough and impartial investigation of all the matters set forth

therein has been made. This investigation shall include inquiry as to the truth of the matter set

forth in the charges, consideration of the form of charges, and a recommendation as to the

disposition which that should be made of the case in the interest of justice and discipline.

(b) The accused shall be advised of the charges against him or her and of his or her right

to be represented at that investigation by counsel. Upon the accused's own request, he or she shall

be represented by civilian counsel if provided by him or her,; or military counsel of his or her

own selection if military counsel is reasonably available,; or by counsel detailed by the officer

exercising general court-martial jurisdiction over the command. At that investigation, full

opportunity shall be given to the accused to cross-examine witnesses against him or her if they

are available, and to present anything he or she may desire in his or her own behalf, either in

defense or mitigation, and the investigating officer shall examine witnesses requested by the

accused. If the charges are forwarded after the investigation, they shall be accompanied by a

statement of the substance of the testimony taken on both sides and a copy thereof shall be given

to the accused.

accused is charged with the offense, and if the accused was present at the investigation and

afforded the opportunities for representation, cross-examinations, and presentation prescribed in

subsection (b) of this section, no further investigation of that charge is necessary under this

section unless it is demanded by the accused after he or she is informed of the charge. A demand

for further investigation entitles the accused to recall witnesses for further cross-examination and

to offer any new evidence in his or her own behalf.

(d) The requirements of this section are binding on all persons administering this code,

but failure to follow them does not divest a military court of jurisdiction.

30-13-41. Duties of trial counsel and defense counsel. -- (a) The trial counsel of a

general or special court-martial shall prosecute in the name of the state, and shall, under the

direction of the court, prepare the record of the proceedings.

(b) The accused has the right to be represented in his or her defense before a general or

special court-martial by civilian counsel if provided by the accused, or by military counsel of his

or her own selection if reasonably available, or by the defense counsel detailed under § 30-13-29.

Should the accused have counsel of his or her own selection, the defense counsel, and assistant

defense counsel, if any, who were detailed, shall, if the accused so desires, act as his or her

associate counsel; otherwise they shall be excused by the president of the court.

conviction, forward for attachment to the record of proceedings a brief of those matters counsel

feels should be considered in behalf of the accused on review, including any objection to the

contents of the record which that he or she considers appropriate.

(d) An assistant trial counsel of a general court-martial may, under the direction of the

trial counsel or when he or she is qualified to be a trial counsel as required by § 30-13-29,

perform any duty imposed by law, regulation, or the custom of the service, upon the trial counsel

of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial

counsel.

(e) An assistant defense counsel of a general or special court-martial may, under the

direction of the defense counsel or when he or she is qualified to be the defense counsel as

required by § 30-13-29, perform any duty imposed by law, regulation, or the custom of the

service, upon counsel for the accused.

30-13-65. Reconsideration and revision of record. -- (a) If a specification before a

court-martial has been dismissed on motion and the ruling does not amount to a finding of not

guilty, the convening authority may return the record to the court for reconsideration of the ruling

and any further appropriate action.

(b) Where there is an apparent error or omission in the record or where the record shows

improper or inconsistent action by a court-martial with respect to a finding or sentence which

that can be rectified without material prejudice to the substantial rights of the accused, the

convening authority may return the record to the court for appropriate action. In no case,

however, may the record be returned:

(1) For reconsideration of a finding of not guilty, or a ruling which that amounts to a

finding of not guilty;

(2) For reconsideration of a finding of not guilty of any charge, unless the record shows a

finding of guilty under a specification laid under that charge, which sufficiently alleges a

violation of some section of this code; or

(3) For increasing the severity of the sentence unless the sentence prescribed for the

offense is mandatory.

30-13-66. Rehearings. -- (a) If the convening authority disapproves the findings and

sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the

record to support the findings, order a rehearing. In that case, the convening authority shall state

the reasons for disapproval. If the convening authority disapproves the findings and sentence and

does not order a rehearing, he or she shall dismiss the charges.

(b) Each rehearing shall take place before a court-martial composed of members not

members of the court-martial which that first heard the case. Upon a rehearing, the accused may

not be tried for any offense of which he or she was found not guilty by the first court-martial, and

no sentence in excess of, or more severe than, the original sentence may be imposed, unless the

sentence is based upon a finding of guilty of an offense not considered upon the merits in the

original proceedings, or unless the sentence prescribed for the offense is mandatory.

30-13-71. Vacation of suspension. -- (a) Before the vacation of the suspension of a

special court-martial sentence which that, as approved, includes a bad-conduct discharge, or of

any general court-martial sentence, the officer having special court-martial jurisdiction over the

probationer shall hold a hearing on the alleged violation of probation. The probationer shall be

represented at the hearing by counsel if he or she so desires.

(b) The record of the hearing and the recommendation of the officer having special court-

martial jurisdiction shall be sent for action to the governor in cases involving a general court-

martial sentence and to the commanding officer of the force of the state military forces of which

the probationer is a member in all other cases covered by subsection (a) of this section. If the

governor or commanding officer vacates the suspension, any unexecuted part of the sentence,

except a dismissal, shall be executed.

convene, for the command in which the accused is serving or assigned, a court of the kind that

imposed the sentence.

30-13-72. Petition for new trial. -- At any time within two (2) years after approval by

the convening authority of a court-martial sentence which that extends to dismissal, or

dishonorable or bad-conduct discharge, the accused may petition the governor for a new trial on

the grounds of newly discovered evidence or fraud on the court-martial.

30-13-74. Restoration following sentence set aside. -- (a) Under such regulations as the

governor may prescribe, all rights, privileges, and property affected by an executed part of a

court-martial sentence which that has been set aside or disapproved, except an executed

dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the

executed part is included in a sentence imposed upon a new trial or rehearing.

(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not

imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for

administrative issuance unless the accused is to serve out the remainder of his or her enlistment.

governor shall substitute therefor a form of discharge authorized for administrative issue, and the

commissioned officer dismissed by that sentence may be reappointed by the governor alone to

such a commissioned grade and with such rank as in the opinion of the governor that former

officer would have attained had he or she not been dismissed. The reappointment of such a

former officer may be made if a position vacancy is available under applicable tables of

organization. All time between the dismissal and reappointment shall be considered as service for

all purposes.

30-13-77. Principals. -- Any person subject to this code who:

(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or

procures its commission; or

(2) Causes an act to be done which that if directly performed by that person would be

punishable by this code; is a principal.

30-13-92. Failure to obey order or regulation -- Derelict performance. -- Any person

subject to this code who:

(1) Violates or fails to obey any lawful general order or regulation;

(2) Having knowledge of any other lawful order issued by a member of the state military

forces which that it is that person's duty to obey, fails to obey the order; or

(3) Is derelict in the performance of his or her duties;

shall be punished as a court-martial may direct.

30-13-99. Misbehavior before the enemy. -- Any person subject to this code who before

or in the presence of the enemy:

(1) Runs away;

(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or

military property which that it is his or her duty to defend;

(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any

such command, unit, place, or military property which that it is his or her duty to defend;

(4) Casts away his or her arms or ammunition;

(5) Is guilty of cowardly conduct;

(6) Quits his or her place of duty to plunder or pillage;

(7) Causes false alarms in any command, unit, or place under control of the armed forces

of the United States or the state military forces;

(8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any

enemy troops, combatants, vessels, aircraft, or any other thing, which that it is his or her duty so

to encounter, engage, capture, or destroy; or

(9) Does not afford all practicable relief and assistance to any troops, combatants, vessels,

or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any

other state, when engaged in battle; shall be punished as a court-martial may direct.

30-13-111. Drunk on duty -- Sleeping on post -- Leaving post before relief. -- Any

person subject to this code who is found drunk on duty or sleeping upon his or her post, or who

leaves his or her post before being regularly relieved, shall be punished as a court-martial may

direct.

30-13-118. Larceny and wrongful appropriation. -- (a) Any person subject to this code

who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or

of any other person any money, personal property, or article of value of any kind:

(1) With intent permanently to deprive or defraud another person of the use and benefit of

that property or to appropriate it to his or her own use or the use of any person other than the

owner, steals that property, and is guilty of larceny; or

(2) With intent temporarily to deprive or defraud another person of the use and benefit of

that property or to appropriate it to his or her own use or the use of any person other than the

owner, is guilty of wrongful appropriation.

(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a

court-martial may direct.

30-13-121. Courts of inquiry. -- (a) Courts of inquiry to investigate any matter may be

convened by the governor or by any other person designated by the governor for that purpose,

whether or not the persons involved have requested an inquiry.

(b) A court of inquiry consists of three (3) or more commissioned officers. For each court

of inquiry, the convening authority shall also appoint counsel for the court.

designated as a party. Any person subject to this code or employed in military or naval affairs of

the state, who has a direct interest in the subject of inquiry, has the right to be designated as a

party upon request to the court. Any person designated as a party shall be given due notice and

has the right to be present, to be represented by counsel, to cross-examine witnesses, and to

introduce evidence.

(d) Members of a court of inquiry may be challenged by a party, but only for cause stated

to the court.

(e) The members, counsel, reporter, and interpreters of courts of inquiry shall take an

oath or affirmation to faithfully perform their duties.

(f) Witnesses may be summoned to appear and testify and be examined before courts of

inquiry, as provided for courts-martial.

(g) Courts of inquiry shall make findings of fact but may not express opinions or make

recommendations unless required to do so by the convening authority.

(h) Each court of inquiry shall keep a record of its proceedings, which that shall be

authenticated by the signatures of the president and counsel for the court and forwarded to the

convening authority. If the record cannot be authenticated by the president, it shall be signed by a

member in lieu of the president. If the record cannot be authenticated by counsel for the court, it

shall be signed by a member in lieu of counsel.

30-13-125. Redress of injuries to property. -- (a) Whenever complaint is made to any

commanding officer that willful damage has been done to the property of any person or that

person's property has been wrongfully taken by members of the state military forces, that officer

may, subject to such regulations as the governor may prescribe, convene a board to investigate

the complaint. The board shall consist of from one (1) to three (3) commissioned officers and, for

the purpose of that investigation, it has power to summon witnesses and examine them upon oath

or affirmation,; to receive depositions or other documentary evidence,; and to assess the damages

sustained against the responsible parties. The assessment of damage made by the board is subject

to the approval of the commanding officer, and in the amount so approved by the commanding

officer, shall be charged against the pay of the offenders. The order of the commanding officer

directing charges herein authorized is conclusive, except as provided in subsection (c) of this

section, on any disbursing officer for the payment by that officer to the injured parties of the

damages so assessed and approved.

(b) If the offenders cannot be ascertained, but the organization or detachment to which

they belong is known, charges totaling the amount of damages assessed and approved may be

paid to the injured parties from the military funds of the units of the state military forces to which

the offenders belonged.

has the right to be represented by counsel, to summon witnesses in his or her behalf, and to cross-

examine those appearing against him or her. He or she has the right of appeal to the next higher

commander.

30-13-128. Payment of fines and disposition thereof. -- Fines imposed by a military

court may be paid to it or to an officer executing its process. The amount of an imposed fine may

be noted upon any state roll or account for pay of the delinquent and deducted from any pay or

allowance due or thereafter to become due the delinquent, until the fine is liquidated. Any sum so

deducted shall be returned to the military court which that imposed the fine. Any military court

and any officer collecting a fine or penalty imposed by a military court upon an officer or enlisted

person shall pay it forthwith to the adjutant general, who shall remit the sum within thirty (30)

days to the state treasurer for the general purposes and uses of the state.

30-13-131. Delegation of authority by governor. -- The governor may delegate any

authority vested in him or her under this code, and may provide for the subdelegation of any of

that authority, except the power given him or her by §§ 30-13-21 and 30-13-24.

SECTION 38. Sections 30-15-2, 30-15-7, 30-15-9, 30-15-11, 30-15-12, 30-15-13, 30-15-

15, 30-15-16, 30-15-18, 30-15-21, 30-15-41, 30-15-42, and 30-15-43 of the General Laws in

Chapter 30-15 entitled "Emergency Management" are hereby amended to read as follows:

30-15-2. Purposes of provisions. -- The purposes of this chapter are:

(1) To reduce vulnerability of people and communities of this state to damage, injury, and

loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military

or paramilitary action or acts of bioterrorism;

(2) To prepare for prompt and efficient rescue, care, and treatment of persons victimized

or threatened by disaster;

(3) To provide a setting conducive to the rapid and orderly start of restoration and

rehabilitation of persons and property affected by disasters;

(4) To clarify and strengthen the roles of the governor, state agencies, and local

governments in prevention of, preparation for, and response to and recovery from disasters;

(5) To authorize and provide for cooperation in disaster prevention, preparedness,

response, and recovery;

(6) To authorize and provide for coordination of activities relating to disaster prevention,

preparedness, response, and recovery by agencies and officers of this state, and similar state-

local, interstate, federal-state, and foreign activities in which the state and its political

subdivisions may participate;

(7) To provide a disaster management system embodying all four (4) phases of

emergency management: mitigation;, preparedness;, response;, and recovery.

(8) [Deleted by P.L. 2000, ch. 170, § 2];

(9) To prepare for emergency health threats, including those caused by acts of

bioterrorism, which that require the exercise of extraordinary government functions;

(10) To provide the state with the ability to respond rapidly and effectively to potential or

actual public health emergencies or disaster emergencies.

30-15-7. Governor's general powers. -- The governor shall be responsible for carrying

out the provisions of this chapter and shall be primarily responsible for emergency management

in the state. Aside from powers granted to the governor elsewhere, the governor is hereby

specifically authorized to:

(1) Issue executive orders, proclamations, and regulations and amend or rescind them.

Executive orders, proclamations, and regulations, for the purposes of this chapter, have the force

and effect of law;

(2) Cooperate with the federal authorities and with the governors and/or officials of the

other states in matters pertaining to the common disaster preparedness of the states and nation,

and in exercising the powers under this chapter, the governor shall avoid duplications of, and

conflicts with, the efforts of the federal authorities acting within their proper spheres;

(3) Consider on a continuing basis steps that could be taken to prevent or reduce the

harmful consequences of disasters. At the governor's direction, and pursuant to any other

authority they now have, state agencies, including, but not limited to, those that are or may be

charged with responsibilities in connection with flood plain management, stream encroachment

and flow regulation, weather modification, fire prevention and control, air quality, public works,

land use and land-use planning, and construction standards, shall make studies of disaster

prevention disaster-prevention-related matters. The governor, from time to time, shall make

recommendations to the general assembly, local governments, and other appropriate public and

private entities as may facilitate measures for mitigation of the harmful consequences of disasters;

(4) Prepare a comprehensive plan and program for disasters (including response and

recovery) in the state, the plan and program to be integrated into, and coordinated with, the

response and disaster plans of other states to the fullest possible extent, and coordinate the

preparation of plans and programs for disasters by the political subdivisions of the state, such

plans to be integrated into, and coordinated with the state disaster plan and program to the fullest

possible extent;

(5) In accordance with the plans and programs for disasters in the state, procure supplies

and equipment, to institute training programs and public information programs, and to take all

other preparatory steps, including the partial or full mobilization of disaster organizations in

advance of actual disaster, to insure ensure the furnishing of adequately trained and equipped

forces of disaster personnel in time of need;

(6) Delegate any administrative authority vested in the governor under this chapter, and

provide for the subsequent delegation of that authority; and

(7) Do all other things necessary to insure ensure adequate preparation for disasters in

the state, not inconsistent with other provisions of law.

30-15-9. Governor's responsibilities relating to disaster emergencies. -- (a) The

governor shall be responsible for meeting the dangers to the state and people presented by

disasters.

(b) A state of emergency shall be declared by executive order or proclamation of the

governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is

imminent. The state of disaster emergency shall continue until the governor finds that the threat

or danger has passed or the disaster has been dealt with to the extent that emergency conditions

no longer exist and terminates the state of disaster emergency by executive order or proclamation,

but no state of disaster emergency may continue for longer than thirty (30) days unless renewed

by the governor. The general assembly, by concurrent resolution, may terminate a state of disaster

emergency at any time. Thereupon, the governor shall issue an executive order or proclamation

ending the state of disaster emergency and what actions are being taken to control the emergency

and what action the public should take to protect themselves. All executive orders or

proclamations issued under this subsection shall indicate the nature of the disaster, the area or

areas threatened, and the conditions which that have brought it about or which that make

possible termination of the state of disaster emergency. An executive order or proclamation shall

be disseminated promptly by means calculated to bring its contents to the attention of the general

public and, unless the circumstances attendant upon the disaster prevent or impede, promptly

filed with the agency, the secretary of state, and the city and town clerks in the area to which it

applies.

state and local disaster emergency plans applicable to the political subdivision or area in question

and shall be authority for the deployment and use of any forces to which the plan or plans apply

and for the use or distribution of any supplies, equipment, and materials and facilities assembled,

stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law

relating to disaster emergencies.

(d) During the continuance of any state of disaster emergency, the governor is

commander-in-chief of the organized and unorganized militia and of all other forces available for

emergency duty. To the greatest extent practicable, the governor shall delegate or assign

command authority by prior arrangement embodied in appropriate executive orders or

regulations, but nothing herein restricts the governor's authority to do so by orders issued at the

time of the disaster emergency.

(e) In addition to any other powers conferred upon the governor by law, the governor

may exercise the following powers, limited in scope and duration as is reasonably necessary for

emergency response:

(1) Suspend the provisions of any regulatory statute prescribing the procedures for

conduct of state business, or the orders, rules, or regulations of any state agency, if strict

compliance with the provisions of any statute, order, rule, or regulation would in any way

prevent, hinder, or delay necessary action in coping with the emergency, provided that the

suspension of any statute, order, rule or regulation will be limited in duration and scope to the

emergency action requiring said suspension;

(2) Utilize all available resources of the state government as reasonably necessary to cope

with the disaster emergency and of each political subdivision of the state;

(3) Transfer the direction, personnel, or functions of state departments and agencies or

units thereof for the purpose of performing or facilitating emergency services;

(4) Subject to any applicable requirements for compensation under § 30-15-11,

commandeer or utilize any private property if the governor finds this necessary to cope with the

disaster emergency;

(5) Direct and compel the evacuation of all or part of the population from any stricken or

threatened area within the state if the governor deems this action necessary for the preservation of

life or other disaster mitigation, response, or recovery;

(6) Prescribe routes, modes of transportation, and destinations in connection with

evacuation;

(7) Control ingress and egress to and from a high risk area, the movement of persons

within the area, and the occupancy of premises therein;

(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,

firearms, explosives, and combustibles;

(9) Make provision for the availability and use of temporary emergency shelter;

(10) Make and promulgate such rules and regulations as the governor may deem

advisable for the assigning, detailing, and making available for duty and use in any city or town

of this state any of the personnel, apparatus, or equipment of any police or fire department of any

other city or town, or of any volunteer fire company, or of any fire district, and that personnel

shall have the same powers, duties, rights, privileges, and immunities as if performing their duties

in the city or town in which they normally would be employed, but the personnel shall obey the

orders of the police and fire authorities of the city or town to which assigned, detailed, or made

available. When assigned, detailed, or made available as aforesaid, the city or town in which the

police or firemen shall perform outside duties shall provide them with subsistence or pay them a

reasonable allowance therefor, and shall also be liable for any damage to the apparatus or

equipment incurred while being so used; provided, however, that a city or town shall be

reimbursed by the state out of the general fund of the state for all expenses incurred under the

foregoing provisions of this subsection;

(11) Designate as a special emergency health and sanitation area, any area within the

state which that has been seriously damaged by disaster, or in which the existence of any

military, naval, or air establishment of the United States of America or of any industrial

establishment constructed or enlarged for purposes of national defense, has caused an increase in

the population of that area to such an extent as to produce unusual problems of health and

sanitation. It is the duty of state health authorities and the local code enforcement officials to

make and enforce rules and regulations designed to prevent the introduction of any contagious or

infectious disease and to safeguard the public health within the area. The governor may

promulgate and enforce additional rules and regulations for the protection of the public health

within areas as may be necessary;

(12) Whenever, in the governor's opinion, due to a disaster there is liable to be a serious

shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other

pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the

federal authorities are not adequately dealing with the situation, promulgate such rules and

regulations as he or she, from time to time, deems necessary to regulate the sale, purchase, or

distribution of those necessities and to prohibit and prevent the wasting, secreting, hiding, or

hoarding of, or profiteering from, those necessities; additionally, during a declared time of state

or national emergency, no person, firm, or corporation shall increase the price of any item it sells

or offers for sale at retail immediately prior to the proclamation of emergency or during the

proclaimed state of emergency. Nothing in this section shall prohibit the fluctuation in the price

of items sold at retail that occurs during the normal course of business. Any person, firm, or

corporation who or that violates any provision of this subsection shall be fined not more than one

hundred dollars ($100);

(13) Do all other things necessary to effectively cope with disasters in the state not

inconsistent with other provisions of law;

(14) Adopt and enforce measures to provide for the safe disposal of infectious waste as

may be reasonable and necessary for emergency response due to a state disaster emergency. Such

measures may include, but are not limited to, the collection, storage, handling, destruction,

treatment, transportation, and disposal of infectious waste;

(15) Adopt and enforce measures to provide for the safe disposal of corpses as may be

reasonable and necessary for emergency response due to a state disaster emergency. Such

measures may include, but are not limited to, the embalming, burial, cremation, interment,

disinterment, transportation, and disposal of corpses; and

(16) Compel a person to submit to a physical examination and/or testing as necessary to

diagnose or treat the person. The medical examination and/or testing may be performed by any

qualified person authorized by the department of health and must not be reasonably likely to

result in serious harm to the affected individual. The medical examination and/or testing shall be

performed immediately upon the order of the department of health without resort to judicial or

quasi-judicial authority. If the department of health is uncertain whether a person who refuses to

undergo medical examination and/or testing may have been exposed to an infectious disease or

otherwise poses a danger to public health, the department of health may subject the individual to

isolation or quarantine, pursuant to § 23-8-4.

30-15-12. Local emergency management. -- (a) Each city and town of the state shall

establish, through local ordinance, a comparable agency, headed by a director, similar to the

state-wide statewide disaster agency, with powers and duties within their respective jurisdictions

similar to those of the agency. This agency shall be known as the "(here insert the name of the

city or town) emergency management agency". Local agencies shall cooperate with and assist the

agency and shall perform such services as may be requested by it. Local agencies may act jointly

with other such agencies.

(b) The chief executive officer of each city or town has powers and duties with respect to

emergency management within their his or her city or town similar to those of the governor on

the state level, not inconsistent with other provisions of law.

30-15-15. Immunity from liability -- Compensation for death or injury of disaster

response workers. -- (a) All functions under this chapter, and all other activities relating to

disaster response, are hereby declared to be governmental functions. Neither the state, nor any

political subdivision thereof, nor other agencies of the state or political subdivision thereof, nor,

except in cases in of willful misconduct, gross negligence, or bad faith, any disaster response

worker complying with, or reasonably attempting to comply with this chapter, or any order, rule,

or regulation promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance

relating to precautionary measures enacted by any political subdivision of the state, shall be liable

for the death of, or injury to, persons, or for damage to property, as a result of disaster response

activity. The provisions of this section shall not affect the right of any person to receive benefits

to which he or she would otherwise be entitled under this chapter, or nor under the Worker's

Compensation Act, chapters 29 -- 38 of title 28, or nor under any pension law, nor the right of

any person to receive any benefits or compensation under any act of congress.

(b) Any requirement for a licensee license to practice any professional, mechanical, or

other skill shall not apply to any authorized disaster response worker who shall, in the course of

performing his or her duties as such, practice any such professional, mechanical, or other skill

during a disaster emergency.

who shall be killed or sustain disability or injury while in training for or on disaster response duty

shall be construed to be employees of the state, any other provisions of the law to the contrary

notwithstanding, and shall be compensated in like manner as state employees are compensated

under the provisions of chapters 29 -- 38 of title 28.

(d) As used in this section, the term "disaster response worker" shall include any full- or

part-time paid, volunteer, or auxiliary employee of this state, other states, territories, or

possessions, the District of Columbia, the federal government, any neighboring country, or any

political subdivision thereof, or any agency or organization, or any private person, firm, or

corporation performing disaster response services at any place in this state subject to the order or

control of, or pursuant to a request of, the state government or any political subdivision thereof.

30-15-21. Penalties. -- Any person violating any provisions of this chapter or any rule,

order, or regulation promulgated pursuant to this chapter shall upon conviction thereof be

punishable by a fine not exceeding five hundred dollars ($500), or imprisonment for not

exceeding ninety (90) days, or both.

30-15-41. Approval of emergency response plans for the transportation of liquefied

natural gas. -- (a) Findings. - The General Assembly general assembly hereby recognizes the

paramount importance of establishing an emergency response plan for the transportation of

liquefied natural gas within the state. The General Assembly general assembly hereby also

declares also that the establishment of the emergency response plan is in the interest of the public

health, safety, and welfare as a means to protect against the potential hazards presented by the

transportation of liquefied natural gas.

(b) No emergency response plan for the transportation of liquefied natural gas through

the waters of Narragansett Bay and/or Mount Hope Bay shall be issued or implemented by the

Rhode Island emergency management agency prior to the approval of the aforementioned

emergency response plan by the general assembly and the city or town councils of Bristol,

Jamestown, Middletown, Newport, Portsmouth, Tiverton, and Warren.

30-15-43. Statewide interoperable communications system. -- The Rhode Island

emergency management agency is hereby authorized and empowered to provide for the

installation, operation, and maintenance of a statewide interoperable communications system for

the purpose of promptly collecting, exchanging, disseminating, and distributing information

relating to police, fire, first responder, and first receiving health care facilities of the state. The

system is to be installed, operated, and maintained in such cities and towns and entities as have

organized systems, and may connect directly or indirectly with similar systems in other states in

accordance with rules and regulations as promulgated by the Rhode Island emergency

management agency. These rules and regulations shall be reviewed and revised from time to time

by the interoperable communications committee as established in § 31-15-42. 30-15-42. The

Rhode Island emergency management agency is authorized to provide for the location of the

receiving system sites and to employ the necessary personnel for its operation. The system shall

be called the Rhode Island statewide communications network (RISCON). The state departments

and agencies and the cities and towns are authorized to provide through federal funding when

available and general revenue when allocated, within the appropriations provided by law, for the

location of equipment and for the personnel and supplies for their proper operation. The character

of communication sent and the time, place and manner of sending messages and all matters in

connection with the RISCON system shall be under the control and management of the executive

director of the Rhode Island emergency management agency.

SECTION 39. Section 30-15.4-1 of the General Laws in Chapter 30-15.4 entitled "Debris

and Wreckage Removal in Disasters" is hereby amended to read as follows:

30-15.4-1 Authority of governor. -- Whenever the governor has declared a disaster

emergency to exist under the laws of this state, or the president of the United States, at the request

of the governor, has declared a major disaster or emergency to exist in this state, the governor is

authorized:

(1) Notwithstanding any other provision of law, through the use of state departments or

agencies, or the use of any of the state's instrumentalities, to clear or remove from publicly or

privately owned land or water, debris and wreckage which that may threaten public health or

safety, or public or private property; and

(2) To accept funds from the federal government and utilize those funds to make grants to

any local government for the purpose of removing debris or wreckage from publicly or privately

owned land or water.

SECTION 40. Section 30-15.6-1 of the General Laws in Chapter 30-15.6 entitled

"Temporary Housing for Disaster Victims" is hereby amended to read as follows:

30-15.6-1. Powers of governor. -- Whenever the governor has declared a disaster

emergency to exist under the laws of this state, or the president of the United States, at the request

of the governor, has declared a major disaster or emergency to exist in this state, the governor is

authorized:

(1) To enter into purchase, lease, or other arrangements with any agency of the United

States for temporary housing units to be occupied by disaster victims and to make these units

available to any political subdivision of the state;

(2) To assist any political subdivision of this state which that is the locus of temporary

housing for disaster victims, to acquire sites necessary for temporary housing, and to do all things

required to prepare the site to receive and utilize temporary housing units, by:

(i) Advancing or lending funds available to the governor from any appropriation made by

the general assembly or from any other source;

(ii) "Passing through" funds made available by any agency, public or private; or

(iii) Becoming a co-partner with the political subdivision for the execution and

performance of any temporary housing for disaster victims project and, for those purposes, to

pledge the credit of the state on such terms as the governor deems appropriate, having due regard

for current debt transactions of the state; and

(3) Under such regulations as the governor shall prescribe, to temporarily suspend or

modify, for a period not to exceed sixty (60) days, any public health, safety, zoning,

transportation (within or across the state), or other requirement of law or regulation within this

state when by proclamation, the governor deems the suspension or modification essential to

provide temporary housing for disaster victims.

SECTION 41. Section 30-17.1-7 of the General Laws in Chapter 30-17.1 entitled

"Veterans' Affairs" is hereby amended to read as follows:

30-17.1-7. Annual report to general assembly. -- The director of human services shall

report annually, no later than January 31 of each year, to the governor, speaker of the house of

representatives, the senate president, and house and senate finance committees, setting forth, in

detail, the condition of the veterans' home, any veterans' cemetery, authorized and established by

the general assembly, and in general, the character of the work of veterans' affairs;, and shall

render in the report a faithful account of all moneys received and expended by the director of

human services and by the division of veterans' services in the execution of the provisions of this

chapter and chapter 24 of this title, excepting the names of persons to whom they have furnished

assistance which shall be omitted.

SECTION 42. Section 30-19-5 of the General Laws in Chapter 30-19 entitled "Capacity

of Minor Veterans" is hereby amended to read as follows:

30-19-5. Powers of minor spouse. -- Any minor spouse of any person who under the

provisions of federal law is eligible for housing loans and whether or not under guardianship by

reason of minority, may, with the same force, effect, and validity as if he or she were eighteen

(18) years of age with full legal capacity do all that a minor veteran is empowered to do under §§

30-19-1 -- 30-19-3, and without limiting the generality of the foregoing, join with the minor

veteran in the execution and delivery of any mortgage or other instrument which that may be

requisite, necessary, desirable, or incidental to the obtaining of any loan guaranteed, in part or in

full, under the provisions of federal law, or to the obtaining of any loan, guaranty, or other benefit

thereunder, and, in that mortgage or other instrument, may release curtesy or dower in any

property described in the mortgage or other instrument.

SECTION 43. Sections 30-21-9 and 30-21-13 of the General Laws in Chapter 30-21

entitled "Food And Drugs" are hereby amended to read as follows:

30-21-9. Custodial service in public buildings. -- (a) All vacancies which that may

occur in the employment of janitors, elevator operators, caretakers, or any positions in the

custodian service in any building owned or maintained by this state or any department of this

state shall be filled in the following order of preference:

(1) By war veterans having a service connected disability, whose disability does not in

fact handicap them in qualifying for a particular position;

(2) By war veterans having a nonservice connected disability, whose disability does not

in fact handicap them in qualifying for a particular position; and

(3) By war veterans with no disability.

(b) This section shall apply to persons who served in the armed forces of the United

States during world war World War I or the Spanish-American war. War.

30-21-13. Extension of credits, benefits, and privileges. -- All credits, benefits, and

privileges, excepting bonuses, granted and bestowed as of December 7, 1941 by the state upon

men or women in the armed forces, shall be extended to include those veterans of the desert

storm conflict Desert Storm conflict, beginning August 2, 1990, and continuing to the present,

honorably discharged from active duty.

SECTION 44. Sections 30-22-1, 30-22-2, 30-22-3, and 30-22-6 of the General Laws in

Chapter 30-22 entitled "Extension of Veterans' Benefits" are hereby amended to read as follows:

30-22-1. World War II veterans. -- The provisions of all of the statutes of this state

granting benefits or privileges to veterans of any war in which the United States of America has

heretofore been engaged, or to the widow or widower or domestic partner or other surviving kin

of deceased veterans of that war, shall hereafter be construed to provide for like benefits and

privileges for any veteran of World War II who has heretofore been, or may hereafter be,

honorably discharged from the armed forces of this nation, and to the widow or widower or

domestic partner or other surviving kin of any such deceased veteran of that said war.

30-22-2. Merchant marine. -- (a) All credits, benefits, and privileges, excepting

bonuses, granted and bestowed as of December 7, 1941 by the state upon men and women in the

armed forces of the United States of America and then enjoyed by those armed forces, shall be

extended to include members of the American merchant marine service, who, at the date of

enlistment, were legal residents of the state; provided, however, that those members of the

American merchant marine service shall have been in service for at least six (6) months, but in

the event any member shall meet death before the expiration of that six (6) months of service, he

or she shall receive all credits, benefits, and privileges to which he or she would have been

entitled by this section had death not intervened in that six-months' service.

(b) All eligible members under this section shall file with the department of veterans

affairs for a discharge certificate on forms provided by the department of veterans affairs for that

purpose.

30-22-3. Veterans of undeclared wars or campaigns. -- The provisions of all of the

statutes of this state granting benefits, privileges, or bonuses to veterans of any war in which the

United States of America has heretofore been engaged, or to the widow or widower or domestic

partner or other surviving kin of deceased veterans of that war, shall hereafter be construed to

provide for like benefits, privileges and bonuses for any man or woman of the armed forces who

has been engaged heretofore, is now, or may hereafter be engaged in the active conduct of and/or

fighting in the Korean campaign Campaign or the conflict in Viet Nam Vietnam or any

following campaign or war, declared or undeclared, which the armed forces of the United States

of America conduct or in which those forces have a part, and who, having been actively engaged

as hereinbefore described, has heretofore been, or may hereafter be, honorably discharged from

the armed forces of this nation, and to the widow or widower or domestic partner or other

surviving kin of any such deceased veteran of that campaign or war.

30-22-6. Domestic partner defined. -- For purposes of this chapter, "domestic partner"

shall be defined as a person who, prior to the decedent's death, was in an exclusive, intimate, and

committed relationship with the decedent, and who certifies, by affidavit, that their relationship

met the following qualifications:

(1) Both partners were at least eighteen (18) years of age and were mentally competent to

contract;

(2) Neither partner was married to anyone else;

(3) Partners were not related by blood to a degree which that would prohibit marriage in

the state of Rhode Island;

(4) Partners resided together and had resided together for at least one year at the time of

death; and

(5) Partners were financially interdependent as evidenced by at least two (2) of the

following:

(i) Domestic partnership agreement or relationship contract;

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

(iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C)

joint credit account; (D) joint lease; and/or

(iv) The domestic partner had been designated as a beneficiary for the decedent's will,

retirement contract, or life insurance.

SECTION 45. Sections 30-23-3 and 30-23-4 of the General Laws in Chapter 30-23

entitled "Health and Safety" are hereby amended to read as follows:

30-23-3. Composition and purpose of local committees. -- Each local veterans'

retraining and reemployment committee, hereinafter referred to as the “local committee”, shall be

fully representative of all federal, state, and local agencies serving veterans in the community,

and of all community groups and institutions therein which that are interested in, and can

contribute to, the program for providing the veteran with one place in the locality where he or she

can go in dignity for full information and adequate counsel and assistance in solving his or her

problems.

30-23-4. Organization of local committees. -- The local committee shall elect a

chairman chairperson and such other officers as it may determine and may appoint an executive

committee and subcommittees and define the duties of its officers and committees. The local

committee may employ an executive secretary and clerical and other assistance within the

amounts of appropriations available therefor. The officers and committees of the local committee

shall serve at the pleasure of the local committee.

SECTION 46. Sections 30-24-2 and 30-24-9 of the General Laws in Chapter 30-24

entitled "Rhode Island Veterans' Home" are hereby amended to read as follows:

30-24-2. By-laws Bylaws and regulations -- Supervision by director. -- (a) The

director of human services, or his or her designee, shall have the general supervision over, and

shall prescribe rules for, the government and management of the Rhode Island veterans' home. He

or she shall make all needful by-laws bylaws and regulations governing the admission,

maintenance, and discharge of the residents of the home, which shall not be inconsistent with the

spirit and intent of this chapter, and generally may do all things necessary to successfully carry

into effect the purposes of this chapter.

(b) The director shall appoint and employ all subordinate officials and persons needed for

the proper management of the home.

30-24-9. Property of deceased residents. -- All goods, chattels, property, money, and

effects of a deceased resident of the Rhode Island veterans' home, which that have not been

disposed of by him or her by a completed inter vivos conveyance or gift, or by a valid will, after

payment therefrom of the funeral expenses, which shall not exceed five thousand dollars

($5,000) ten thousand dollars ($10,000), and after payment therefrom of the reasonable debts

and expenses of the deceased resident to be determined by rules and regulations as shall be

adopted by the director, shall upon his or her decease become the property of the state, and shall

be applied by the director of human services, or his or her designee, to the uses and purposes of

the veterans' restricted account; provided, however, that the director may, in his or her discretion,

deliver to any surviving relative of the deceased resident any of the property or effects as may

serve as a memento of the deceased resident. For purposes of this section, the provisions of

chapter 24 of title 33 shall be applicable.

SECTION 47. Sections 30-25-13 and 30-25-14 of the General Laws in Chapter 30-25

entitled "Burial of Veterans" are hereby amended to read as follows:

30-25-13. Acceptance and administration of gifts. -- The director of human services

may accept in the name of the state, and may administer, any devise, bequest, or gift which that

is to be expended for the general purposes of this chapter. All sums received by devise, bequest,

or gift from any person or corporation shall be deposited with the general treasurer, and by him or

her kept in a special fund, to be known as "the veterans' cemetery fund", and held subject to the

order of the director.

30-25-14. Rhode Island veterans' memorial cemetery. --(a)The Rhode Island veterans'

memorial cemetery, located on the grounds of the Joseph H. Ladd school in the town of Exeter,

shall be under the management and control of the director of the department of human services.

The director of the department of human services shall appoint an administrator for the Rhode

Island veterans' memorial cemetery who shall be an honorably discharged veteran of the United

States Armed Forces and shall have the general supervision over, and shall prescribe rules for, the

government and management of the cemetery. He or she shall make all needful rules and

regulations governing the operation of the cemetery and generally may do all things necessary to

insure ensure the successful operation thereof. The director shall promulgate rules and

regulations, not inconsistant with the provisions of 38 USCS U.S.C. section § 2402, to govern

the eligibility for burial in the Rhode Island veterans' memorial cemetery. In addition to all

persons eligible for burial pursuant to rules and regulations established by the director, any person

who served in the army, navy, air force, or marine corps of the United States for a period of not

less than two (2) years and whose service was terminated honorably, shall be eligible for burial in

the Rhode Island veterans' memorial cemetery. The director shall appoint and employ all

subordinate officials and persons needed for the proper management of the cemetery. National

Guard guard members who are killed in the line of duty or who are honorably discharged after

completion of at least twenty (20) years' of service in the Rhode Island National Guard national

guard and their spouse shall be eligible for internment in the Rhode Island Veterans' Memorial

Cemetery. For the purpose of computing service under this section, honorable service in the

active forces or reserves shall be considered toward the twenty (20) years of National Guard

national guard service. The general assembly shall make an annual appropriation to the

department of human services to provide for the operation and maintenance for the cemetery. The

director shall charge and collect a grave liner fee per interment of the eligible spouse and/or

eligible dependents of the qualified veteran equal to the Department's department’s cost for the

grave liner.

SECTION 48. Section 30-28-11 of the General Laws in Chapter 30-28 entitled

"Monuments and Memorials" is hereby amended to read as follows:

30-28-11. Monument to veterans of Vietnam, Cambodia, and Laos. -- (a) The general

assembly shall appropriate a sum of five thousand dollars ($5,000) for the construction of a

monument which that shall be dedicated to the men and women from this state who served in the

armed forces in Vietnam, Cambodia, and Laos. The monument shall be located in the pond at the

water place site in the capital center in Providence. The general assembly shall also appropriate

such a sum as it may deem necessary for the care and maintenance of the monument, and the state

controller is hereby authorized and directed to draw his or her orders upon the general treasurer,

from time to time, for the payment of the cost of construction and maintenance of the monument

upon the receipt by him or her of proper vouchers approved by the adjutant general.

(b) The POW-MIA flag, which is also the official flag of the national league of families

of American prisoners and missing in southeast National League of Families of American

Prisoners and Missing in Southeast Asia, shall be flown over the monument until such time as all

prisoners and missing in southeast Asia are accounted for.

SECTION 49. Section 30-30-1 of the General Laws in Chapter 30-30 entitled "Benefits

for Dependents of Deceased Veterans, P.O.W.S., and M.I.A.S" is hereby amended to read as

follows:

30-30-1. Appropriations -- Purposes. -- The general assembly shall annually

appropriate such a sum as may be necessary, out of any money in the treasury not otherwise

appropriated, for the purpose of creating and maintaining a "dependents' education fund" from

which shall be paid in whole or in part the charges for the tuition and books of such of the sons,

daughters, and surviving spouses of veterans who died as the result of hostile action or a service-

connected disability arising out of active service in the armed forces, or who died from any cause

while such a disability was in existence, or of those who are serving in the far east and had a legal

residence in this state at the time they were commissioned, warranted, enlisted, or inducted into

the military or naval service of the United States and were either missing in action or are

prisoners of war, provided that the next of kin has not been advised by the armed forces that the

serviceperson has been released or is no longer classified as missing in action. The benefits shall

be extended to dependents who are attending, or may attend, the university of Rhode Island, the

Rhode Island college, or any institution of higher education or technical/professional learning;

the learning. The maximum aid granted shall not exceed the in-state tuition cost plus average

cost of books of attending the university of Rhode Island in that year, the costs to be yearly

certified by the board of governors of higher education Board of Education to the

administering agency; provided, any child dependent shall enter the institution while between the

ages of sixteen (16) and twenty-six (26); and provided, further, that the aid herein granted shall be

available to that child for such period of time as shall equal the normal time for completing the

courses regularly offered by the institution, but in no case more than four (4) years; and provided,

further, that this chapter shall apply also to the children of those who are serving in the far east,

but did not have legal residence in this state at the time those persons were commissioned,

warranted, enlisted, or inducted into the military or naval service of the United States; provided

that those children have resided in this state continuously for five (5) years and are otherwise

eligible, upon the presentation to the proper administering authority of sufficient evidence that the

parent qualifies the child to receive the benefits under this section; and provided, further, that, as

to surviving spouses, the benefits must be utilized within a period of ten (10) years from the date

eligibility is found or from the date of death of the spouse from whom eligibility is derived.

SECTION 50. Sections 30-30.2-2 and 30-30.2-3 of the General Laws in Chapter 30-30.2

entitled "Educational Assistance For Combat Veterans" are hereby amended to read as follows:

30-30.2-2. Statement of purpose. -- It is hereby found and declared as follows: (1) The

fundamental freedoms enjoyed by all citizens of our state and these United States are insured

ensured in no small part through the honorable service of our nation's military veterans;

(2) The people of the state have a deep debt of gratitude for the sacrifices made by these

men and women who, as combat veterans, placed their lives in harm's way to protect and defend

our nation from all foreign enemies and terrorist threats; and

(3) These men and women should be allowed to resume their education, receive academic

credit commensurate with their military training and experience, graduate, and ultimately obtain

meaningful civilian employment upon their return to Rhode Island without delay.

30-30.2-3. Academic credit for military training and coursework. -- The state board

of education shall ensure:

(1) Enrolled students are awarded education credits based upon their military training or

service when academically appropriate; and

(2) Establishment of a preferential class registration process for all state institutions,

which that shall be reviewed and approved by the board of education to allow combat veterans to

regulations, the office of the commissioner of higher education, in consultation with the adjutant

general of the Rhode Island national guard, shall determine individual preference ranking among

combat veterans, including, but not limited to, the number of combat tours served, service

awards, and any other such criteria deemed appropriate by the adjutant general.

SECTION 51. Section 30-33-5 of the General Laws in Chapter 30-33 entitled "The

Rhode Island Military Family Relief Act" is hereby amended to read as follows:

30-33-5. Prohibited actions. -- (a) An employer shall not interfere with, restrain, or deny

the exercise or the attempt to exercise any right provided under this act.

(b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other

manner discriminate against any employee that who exercises any right provided under this act.

manner discriminate against any employee for opposing any practice made unlawful under this

act.

SECTION 52. Sections 32-1-3, 32-1-13, and 32-1-15 of the General Laws in Chapter 32-

1 entitled "General Provisions" are hereby amended to read as follows:

32-1-3. Acquisition of land – Riparian rights – Control of land use. -- To more

effectually carry out the purposes of this chapter and chapter 2 of this title, the department of the

environment environmental management may acquire by purchase, gift, devise, or

condemnation, lands, easements, rights, and interests in land for a park, recreation ground, or

bathing beach in any part of the state, whether that property is situate situated in the cities or

towns in which its powers may be exercised under the provisions of § 32-2-1, or is situate in any

other city or town; provided, that all property other than tide-flowed lands acquired by

condemnation shall remain subject to all rights of riparian proprietors on any waters bordering

upon the property, that no riparian rights shall be taken, destroyed, impaired, or affected by the

condemnation, that all riparian proprietors shall have the right to continue to maintain, repair, or

reconstruct dams and their appurtenances now existing on the waters bordering upon that

property and for this purpose to enter upon that property, restoring it after repair or reconstruction

to its previous condition as nearly as may be, and shall continue to enjoy the same rights of

flowage with respect to that property which that the riparian proprietors have heretofore used and

enjoyed. Subject to the foregoing provisions of this section, the department may use, or permit the

use, of property, acquired by it under the provisions of this section and the waters bordering

thereon, for bathing, boating, fishing, and skating, and shall have the same authority, supervision,

and control over that property as it has over other property acquired by the department under

other provisions of this chapter or any other law.

32-1-13. Authority to obtain federal assistance. -- The director is authorized for and on

behalf of the state, with the approval of the governor, to apply for and accept from the federal

government or any department or agency thereof assistance which that may become available for

the purposes of §§ 32-1-11 – 32-1-13, whether it be in the form of a loan or grant or otherwise,;

to accept the provisions of any federal legislation or regulations therefor,; to enter into contracts

in connection therewith,; and to act as agent for the federal government in connection therewith

or to designate a subordinate so to act. To obtain federal assistance, the director is authorized to

comply with any federal law, rules, and regulations thereunder, and to meet such federal

requirements as may be made conditions precedent to receiving federal assistance.

32-1-15. Local permission to use state parks. -- Any person, firm, or corporation

requesting use of a state park for concerts, shows, exhibitions, or other similar gatherings shall

first obtain the written permission to use the park from the licensing authority of the town or city

where said park is located. The department of environmental management shall not permit the use

of a park without the written permission required by this section, provided, however, that any

person, firm, or corporation who or that is denied written permission to use the park from the

licensing authority of the town or city where the park is located shall have the right to an

immediate appeal to the department of environmental management for a hearing on the propriety

of the denial of that written permission. The hearing shall be de novo and written notice of the

appeal shall be given to the licensing authority of the city or town involved at the same time the

written notice of appeal is given to the department of environmental management. The

Aadministrative Pprocedures Aact, chapter 35 of title 42, shall apply to all appeals.

SECTION 53. Section 32-3-3 of the General Laws in Chapter 32-3 entitled "Town

Forests, Parks, and Recreation Systems" is hereby amended to read as follows:

32-3-3. Powers of agency in charge of system. -- The board or committee that may be

authorized pursuant to § 32-3-2 to exercise those powers stated therein may conduct its activities

on land and in buildings, adapted or adaptable for those purposes, owned by the city or town, with

the consent of the committee or board in control of that property, or on land or in buildings that

may hereafter be acquired for those purposes by gift, purchase, or lease; and may also in its

discretion take charge of and use any place or places which that any person or persons may offer

the use of for purposes herein enumerated. The board or committee may employ a superintendent

of recreation, teachers, and other officers and may fix their compensation. The board or

committee may authorize the use of such property as may be under its control for any other

municipal purpose, or by any person, society, or other organization for such other public,

recreational, social, or educational purposes as the board or committee may deem proper.

SECTION 54. Sections 32-4-4, 32-4-5, 32-4-9, and 32-4-11 of the General Laws in

Chapter 32-4 entitled "Green Acres Land Acquisition" are hereby amended to read as follows:

32-4-4. Application of funds. -- (a) The director shall use the sum appropriated by this

chapter, and such other sums as may be appropriated or as may otherwise be available from time

to time, for the purposes herein set forth, to acquire lands for recreation and conservation

purposes and to make grants to assist local units to acquire lands for those purposes, subject to the

conditions and limitations prescribed by this chapter.

(b) The director is authorized for and on behalf of the state, with the approval of the

governor, to apply for, and accept from, the federal government or any department or agency

thereof assistance which that may become available for the purposes of this chapter, whether it

be in the form of a loan or grant or otherwise,; to accept the provisions of any federal legislation

or regulations therefor,; to enter into contracts in connection therewith,; and to act as agent for the

federal government in connection therewith or to designate a subordinate so to act. To obtain

federal assistance, the director is authorized to comply with any federal law, or rules and

regulations thereunder, and to meet such federal requirements as may be made conditions

precedent to receiving federal assistance.

32-4-5. Duties of director. -- In acquiring lands and making grants to assist local units to

acquire lands, the director shall:

(1) Seek to achieve a reasonable balance among all areas of the state in consideration of

the relative adequacy of area recreation and conservation facilities at the time and the relative

anticipated future needs for additional recreation and conservation facilities;

(2) Give due consideration to the special park requirement needs of urban areas;

(3) Give due consideration to acquiring unusual or unique natural areas;

(4) Insofar as practicable, and except as provided in subdivision (3) of this section, limit

acquisition to predominately open and natural land in order to minimize the cost of acquisition

and the expense of rendering land suitable for recreation and conservation purposes;

(5) Wherever possible, select land for acquisition which that is suitable for multiple

recreation and conservation purposes and contains an area sufficiently large to make practical its

use for those purposes;

(6) Give due consideration to coordination with the plans of other departments of state

government with respect to land use or acquisition. For this purpose, the director is authorized to

use the facilities of the department of economic development and any agency, commission, or

interdepartmental committee; and

(7) Encourage contiguous local units to develop joint plans with respect to land use or

acquisition for recreation and conservation purposes.

32-4-9. State grants – Application. -- A state grant to assist a local unit to acquire lands

for recreation and conservation purposes shall not be made under this chapter until:

(1) The local unit has applied to the director on forms prescribed by the director:

(i) Describing the lands for the acquisition of which the grant is sought;

(ii) Stating the recreation and/or conservation purpose or purposes to which the lands will

be devoted, and the facts which that give rise to the need for the lands for that purpose;

(iii) Setting forth a comprehensive plan for the development of the lands approved by the

governing body of the local unit; and

(iv) Stating such other matters as the director shall prescribe;

(2) The director shall have prescribed the terms and conditions under which the grant

applied for will be made; and

(3) The local unit shall have filed with the director its acceptance of the terms and

conditions, and has otherwise complied with the provisions of this chapter.

32-4-11. Percentage of state grants. -- Grants under this chapter shall be made by the

director. In the case of a single, local unit, the grant shall be in an amount equal to fifty percent

(50%) of the nonfederal share of the cost of the lands, and in the case of two (2) or more

contiguous local units which that shall join together to present a joint comprehensive plan for the

development of those units approved by their respective governing bodies, the grant shall be in an

amount equal to seventy-five percent (75%) of the nonfederal share of the cost of the lands.

SECTION 55. Sections 32-6-4, 32-6-5, and 32-6-6 of the General Laws in Chapter 32-6

entitled "Public Use of Private Lands-Liability Limitations" are hereby amended to read as

follows:

32-6-4. Land leased to state. -- Unless otherwise agreed in writing, the provisions of §

32-6-3 and this section shall be deemed applicable to the duties and liability of an owner of land

leased to the state or any subdivision or agency thereof or land which that the state or any

subdivision or agency thereof possesses an easement for recreational purposes.

32-6-5. Limitation on chapter. -- (a) Nothing in this chapter limits in any way any

liability which that, but for this chapter, otherwise exists:

(1) For the willful or malicious failure to guard or warn against a dangerous condition,

use, structure, or activity after discovering the user's peril; or

(2) For any injury suffered in any case where the owner of land charges the person or

persons who enter or go on the land for the recreational use thereof, except that in the case of land

leased to the state or a subdivision thereof, any consideration received by the owner for that lease

shall not be deemed a "charge" within the meaning of this section.

(b) When the coastal resources management council designates a right-of-way as part of

its designation process as specified in § 46-23-6(5), or when the coastal resources management

council stipulates public access as a condition of granting a permit, the landowner automatically

will have "limited liability" as defined in this chapter, except as specifically recognized by or

provided in this section.

32-6-6. Construction of chapter. -- Nothing in this chapter shall be construed to:

(1) Create a duty of care or ground of liability for an injury to persons or property;

(2) Relieve any person using the land of another for recreational purposes from any

obligation which that he or she may have in the absence of this chapter to exercise care in his or

her use of that land and in his or her activities thereon, or from the legal consequences of the

failure to employ that care; or

(3) Create a public or prescriptive right or easement running with the land.

SECTION 56. Sections 32-7-7, 32-7-8, 32-7-9, 32-7-11, 32-7-13, and 32-7-14 of the

General Laws in Chapter 32-7 entitled "Recreational Vehicle Parks and Campgrounds Act" are

hereby amended to read as follows:

32-7-7. Definitions. -- The following definitions are adopted for purposes of this chapter

and for use by state and local agencies. In addition to standards established by local codes and

other laws of the state of Rhode Island and standards adopted by reference, the following

definitions shall apply to recreational vehicle parks and campgrounds. Where differences occur

between state and local definitions, this chapter shall govern:

(1) Accessory structure: - A portable, deck-like structure, not attached to the camping

unit (see "add-on structure"), not to exceed four hundred (400) square feet in area, set on

movable, above-ground supports such as concrete blocks, and containing no plumbing or

electrical fixtures.

(2) Accessory cabana: - A portable room enclosure.

(3) Accessory storage: - A structure located on a camping unit site that is designed and

used solely for the storage and use of personal equipment and possessions of the recreational

vehicle user or camper and may include storage buildings and greenhouses not exceeding one

hundred twenty (120) square feet of floor area.

(4) Accessory uses: - Offices, employee or operator living units, recreational facilities,

grocery stores, convenience stores, gift shops, service buildings, rest rooms, dumping stations,

showers, laundry facilities, storage units, and other uses and structures customarily a part of the

recreational vehicle park or campground operation.

(5) Add-on structures: - Nonpermanent structures attached to the principal camping unit

that provide additional space or service.

(6) Approved: - Acceptable by the "authority having jurisdiction".

(7) ARVC: - National Association of RV Parks and Campgrounds (ARVC). The national

trade organization representing the outdoor hospitality industry.

(8) Authority having jurisdiction: - The "authority having jurisdiction" is the

organization, office or individual responsible for approving equipment, equipment installation,

permits, or procedures.

(9) Awning: - A shade structure supported by posts or columns and partially supported by

the camping unit.

(10) Cabin/camping: - A hard-sided tent or shelter less than four hundred (400) square

feet in area that is on skid and/or wheels designed to facilitate relocation.

(11) Cabin/housekeeping: - A rustic cabin providing guests with full-serviced amenities

as an alternative to other forms of rental lodging.

(12) Campers: - A person or persons participating in recreational vehicle use or camping.

(13) Camping unit: - A portable structure, shelter, or vehicle designed and intended for

occupancy by persons engaged in recreational vehicle use or camping. The basic units include:

recreational vehicles, camping cabins, housekeeping cabins, tents, teepees, yurts, and other rental

accommodations for enjoyment of the outdoor experience.

(14) Camping unit seal: - A camping unit meeting the criteria set forth in either RVIA or

RPTIA guidelines.

(15) Camping unit separation: - The minimum distance between a camping unit,

including its add-on structures, and an adjacent camping unit and its add-on structures.

(16) Camping unit site: - A specific area within a recreational vehicle park or

campground that is set aside for a camping unit.

(17) Campground: - Any parcel or tract of land under the control of any person or

organization, wherein two (2) or more camping unit sites are offered to the public or members of

an organization for rent or lease. Campgrounds may or may not be designed to accommodate

recreational vehicles.

(i) Primitive: - A campground where no facilities are provided for the comfort or

convenience of campers.

(ii) Semi-primitive: - A campground where rudimentary facilities (privies and/or

fireplaces) may be provided for the comfort and convenience of campers.

(iii) Developed: - A campground, accessible by vehicular traffic, where sites are

substantially developed; two (2) or more utilities, e.g.; sewer, water, electricity, etc., are provided;

and refuse disposal and restrooms are available.

(18) Day use: - Daytime activities within a recreational vehicle park or campground for

less than a twelve (12) hour twelve-hour (12) period. (See also "Site night").

(19) Density: - The number of camping unit sites on a unit of land area.

(20) Greenbelt: - A strip of land, containing landscape or other aesthetic site-obscuring

features, intended to buffer potentially incompatible uses. Greenbelts may include utilities and

other underground facilities but not camping units.

(21) Guest: - An invited visitor to a recreational vehicle park or campground.

(22) Gray Water: - Discharge from fixtures, appliances, or appurtenances, in connection

with a plumbing system which that does not receive any fecal matter.

(23) Minimum parcel size: - The minimum land area required to accommodate a

recreational vehicle park or campground.

(24) Occupancy: - The presence of guest(s) in a camping unit for a site night where rent

is received.

(25) Operator: - The owner of a recreational vehicle park or campground or his or her

designee.

(26) Owner: - The owner of a recreational vehicle park or campground or his or her

designee.

(27) Person: - Any individual, partnership, firm, company, corporation, trustee,

association, or any public or private entity.

(28) Planning commission: - The advisory body of a local jurisdiction that has authority

to advise elected decision makers of a jurisdiction on land use land-use permits for recreational

vehicle parks or campgrounds.

(29) Public water supply: - A municipal, community, or privately owned water supply

system designed to distribute water to guests within a defined geographical area.

(30) Recreation area: - A specific area of land, water, or a combination of land and water,

located within a recreational vehicle park or campground, and designed and intended for the use

or enjoyment of guests of the recreational vehicle park or campground.

(31) Recreational vehicle: - A vehicular type vehicular-type camping unit, not

exceeding four hundred (400) square feet in area, certified by the manufacturer as complying with

ANSI A119.2 or A119.5, and designed primarily as temporary living quarters for recreation that

has either its own motive power or is mounted on or towed by another vehicle. The basic units

are: camping trailers, fifth wheel fifth-wheel trailers, motor homes, park trailers, travel trailers,

and truck campers.

(i) Camping trailer: - A recreational vehicle, not exceeding four hundred (400) square feet

in area, that is mounted on wheels and constructed with collapsible partial side walls that fold for

towing by another vehicle and unfold for use.

(ii) Fifth wheel trailer: - A recreational vehicle, not exceeding four hundred (400) square

feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism that

is mounted above or forward of the tow vehicle's rear axle.

(iii) Motor Home: - A recreational vehicle, not exceeding four hundred (400) square feet

in area, built on or permanently attached to a self-propelled motor vehicle chassis cab or van that

is an integral part of the completed vehicle.

(iv) Park trailer: - A recreational vehicle that meets the following criteria:

(A) Built on a single chassis mounted on wheels; and

(B) Certified by the manufacturer as complying with ANSI A119.5.

(v) Travel trailer: - A recreational vehicle, not exceeding four hundred (400) square feet

in area, designed to be towed by a motorized vehicle containing a towing mechanism that is

mounted behind the tow vehicle's bumper.

(vi) Truck camper: - A recreational vehicle consisting of a roof, floor, and sides designed

to be loaded onto and unloaded from the back of a pickup truck.

(32) Recreational vehicle/dependent: - A recreational vehicle not containing sanitary

facilities and/or devices for connecting such facilities to a community waste disposal system.

(33) Recreational vehicle/independent: - A recreational vehicle containing sanitary

facilities and devices for connecting such facilities to a community waste disposal system. This

type of recreational vehicle is also referred to as a self-contained, recreational vehicle.

(34) Recreational vehicle/gross trailer area: - The total plan area of the recreational

vehicle, not to exceed four hundred (400) square feet (HUD Interpretive Bulletin 3282.8). Storage

lofts contained within the basic unit that have ceiling heights less than five (5) feet at the peak of

the roof do not constitute additional square footage.

(35) Recreational vehicle park: - Any parcel or tract of land under the control of any

person or organization, wherein two (2) or more camping unit sites are offered to the public or

members of an organization for rent or lease, including park-owned recreational vehicles held out

for rent. Recreational vehicle parks are designed primarily to accommodate recreational vehicles

(See also "Campground").

(i) Ownership/membership and specialty: - A recreational vehicle park or campground

that is opened to members or owners only, or where the sites are individually owned. This

category also includes recreational vehicle parks or campgrounds that are owned by, or cater to,

specific audiences such as religious groups, square dancers, and clothing optional clubs.

(ii) Destination: - A recreational vehicle park or campground containing facilities (e.g.,

swimming pools, restaurants, golf courses, formal recreational programs, etc.) and catering to

recreational vehicle users or campers who typically travel extended distances to stay for extended

periods.

(iii) Extended stay: - A recreational vehicle park or campground that provides extended

stay, full-time, and seasonal accommodations, rather than short-term accommodations.

(iv) Senior adult: - A recreational vehicle park or campground for the exclusive use of

senior individuals, fifty-five (55) years of age or older, that complies with the U.S. Department of

Housing and Urban Development Fair Housing Act.

(v) Traveler: - A recreational vehicle park or campground where recreational vehicle

users and campers stay for a day or a week, as an alternative to other types of lodging, while

traveling or vacationing or enjoying the local attractions within a given area.

(36) Rent: - Compensation or other consideration given for a prescribed right, use,

possession, or occupancy of recreational vehicle park or campground, as defined by the operator.

(37) Rental on-site: - A camping unit placed within a recreational vehicle park or

campground that is available for rental to guests.

(38) Recreational vehicle users: - Individuals who use recreational vehicles, including,

but not limited to, the following categories:

(i) Daily/overnight: - Recreational vehicle users and campers who stay for a day or a

week, as an alternative to other types of lodging. Typically travelers, visitors, or tourists enjoying

local attractions in a given area.

(ii) Extended stay: - Recreational vehicle users and campers who stay in a given

recreational vehicle park or campground for an extended period of time. The term "extended stay"

generally describes the following groups:

(A) individuals Individuals who choose a recreationally-centered recreationally

centered lifestyle and who stay in a specific location for a traditional season (see seasonals,

snowbirds, and sunbirds).

(B) individuals Individuals who choose a recreational vehicle as interim lodging, while

transferring to a new locality or awaiting construction of conventional housing.

choose a recreational vehicle as lodging.

(D) individuals Individuals who choose a recreational vehicle as a housing alternative

for extended periods of time.

(iii) Full-time: - Individuals who opt, because of recreational and/or economic benefits, to

use their recreational vehicle as their only or primary residence.

(iv) Seasonal: - Individuals who typically leave their recreational vehicle at a specific

recreational vehicle park or campground for a season and occupy their recreational vehicles from

time to time during that season.

(39) Sanitary disposal station: - A facility for the emptying of the waste holding waste-

holding tanks of recreational vehicles.

(40) Service building: - A structure or portion thereof that is used to house sanitary

facilities, such as water closets, lavatories, and other facilities, for the convenience of the

recreational vehicle park or campground guest.

(41) Sewage: - Any liquid waste containing animal or vegetable matter suspension or

solution, or the water-carried wastes resulting from the discharge of water closets, or any other

source of water-carried waste of human origin containing putrescible material.

(42) Shall: - Indicates a mandatory requirement.

(43) Should: - Indicates a recommendation, not a requirement.

(44) Site: - That portion of a recreational vehicle park or campground specifically

intended for the use of one camping unit.

(45) Site night: - The equivalent of one camping unit occupying one site for one

overnight stay whether occupied or not.

(46) Slideout: - An extended portion of a recreational vehicle that exceeds the allowable

dimensions in the traveling mode.

(47) Utility connection assembly: - A single hookup assembly located on the site and

containing connections for any or all of the following: water, sewer, electrical power, phone, or

television.

(48) Watering station: - A facility for supplying potable water to recreational vehicle

users and campers.

32-7-11. Sanitary conveniences. -- The following standards shall apply to recreational

vehicle parks and campgrounds. All sanitary conveniences shall be installed in accordance with

this code:

(1) Sewage facility approval: Each sewage disposal system material and design layout

shall be approved by the authority having jurisdiction.

(2) Material and design: Flow rates shall be calculated at a rate of sixty (60) gallons per

site per day for individually sewered sites.

(3) Sewer inlet connections at individual recreational vehicle unit sites:

(i) When provided, the sewer connections for individual recreational vehicle sites shall be

located so as to minimize damage by the parking of recreational vehicles or automobiles.

(ii) The connection shall consist of an inlet extending vertically to grade. The minimum

diameter of the sewer inlet shall be four (4) inches and shall be provided with a four (4) inch

four-inch (4) inlet or a minimum three (3) inch three-inch (3) fitting.

(iii) The sewer inlet pipe shall be firmly imbedded in the ground and be protected against

damage from heaving or shifting and the entrance of surface water. It shall be provided with a

tight fitting tight-fitting plug or cap to be used when the site is vacant.

(iv) The sewer inlet pipe shall not be required to be individually vented, regardless of the

use of the traps at each inlet.

(v) A drain connector shall be sealed and fitted to the camping unit inlet connector.

(4) Recreational vehicle sanitary disposal stations:

(i) One recreational vehicle sanitary disposal station shall be provided for each one

hundred (100) recreational vehicle sites, or parts thereof, that are not equipped with individual

sewer connections.

(ii) Each station, where provided, shall be convenient to access from the service driveway

and shall provide easy ingress and egress for recreational vehicles.

(iii) Unless other approved means are used, each station shall have a concrete slab with a

center drain inlet located so as to be on the driveway (left) side of the recreational vehicle.

(iv) The slab shall be not less than three (3) feet by three (3) feet, at least three and one-

half (3 1/2) inches thick, and properly reinforced, the surface of which is trowelled to a smooth

finish and sloped from each side inward to a sewer inlet.

(v) The sewer inlet shall consist of a four (4) inch four-inch (4), self-closing, foot-

operated hatch of approved material with a tight-fitting cover. The hatch body shall be set in the

concrete of the slab with the lip of the opening flush with its surface to facilitate the cleansing of

the slab with water. The hatch shall be properly connected to a sewer inlet, which that shall

discharge to an approved sanitary sewage disposal facility constructed in accordance with ANSI

A119.4 section 4-8.1.

(5) Holding tank flushing facilities: Where holding tank flushing facilities are provided

by the operator, the following standards shall apply:

(i) Holding tank flushing facilities shall consist of piped supply of water under pressure,

terminating in a valved outlet located and installed to minimize damage by automobiles or

recreational vehicles. The flushing device shall consist of a properly supported riser terminating

at least two (2) feet above the ground surface with a three-quarter (3/4) inch valved outlet to

which is attached a flexible hose.

(ii) The water supply to the flushing device shall be protected from backflow by means of

a listed vacuum breaker located downstream from the last shutoff valve.

(iii) Adjacent to the flushing arrangement there shall be posted a sign of durable material,

not less than two (2) feet by two (2) feet in size, and inscribed in clearly legible letters with the

following: "DANGER -- NOT TO BE USED FOR DRINKING OR DOMESTIC PURPOSES" or

other similar warning.

(iv) There shall not be any cross-connection between the holding tank flushing facilities

and the potable water system. If the flushing facilities do not have a separate water source

entirely, such facilities shall be separated from any potable system by an air gap or a backflow

device.

(6) Sanitary facilities:

(i) Toilets shall be provided at one or more locations in every recreational vehicle park or

campground, except at primitive and semi-primitive campgrounds.

(ii) In recreational vehicle parks and semi-developed and developed campgrounds, a

minimum of one toilet shall be provided for each sex up to the first twenty-five (25) dependent

sites. For each additional twenty-five (25) dependent sites, not provided with sewer connections,

an additional toilet for each sex shall be provided. No public toilets are required if all sites serve

only self-contained recreational vehicles.

(iii) Chemical and recirculating toilets shall be of an approved type.

(iv) Where provided, porta-johns shall be an approved type.

(v) Toilet facilities shall have convenient access and shall be located within a five

hundred (500) foot five-hundred-foot (500) radius from any camping units not provided with

individual sewer connections.

(vi) If water flush toilets are provided, an equal number of lavatories shall be provided for

each two (2) toilets when more than six (6) toilets are required. Each lavatory basin shall have a

piped supply of potable water and shall drain into the sewage system.

(vii) If separate facilities are provided for men and women, urinals shall be acceptable for

no more than one-third (1/3) of the toilets required in the men's facilities.

(viii) Each female toilet room shall be provided with a receptacle for sanitary napkins.

The receptacle shall be durable, nonpervious, and readily cleanable material and should be

provided with a lid.

(ix) Toilets shall be of a listed type and shall be provided with seats with open fronts.

(x) Each toilet shall be in a separate compartment and shall be provided with a door and

latch for privacy and a holder or dispenser for toilet paper. Dividing walls or partitions shall be at

least five (5) feet high and, if separated from the floor, shall be by a space of no more than twelve

(12) inches.

(xi) Toilet compartments shall be not less than thirty (30) inches in width and there shall

be not less than thirty (30) inches of clear space in front of each toilet.

(xii) Each toilet building shall have a minimum ceiling height of seven (7) feet.

(xiii) Facilities for males and females shall be appropriately marked, including "unisex"

facilities, where provided.

(xiv) Unless artificial light is provided, the total window or skylight area shall be equal to

at least ten percent (10%) of the floor area.

(xv) Unless provided with a listed mechanical ventilation system, every toilet room shall

have permanent, nonclosable, screened opening(s) with a total area of not less than five percent

(5%) of the floor area, opening directly to the exterior in order to provide proper ventilation.

Listed exhaust fan(s), vented to the exterior, the rating of which in cubic foot per minute is at

least twenty-five percent of the total volume of the toilet room(s) served, shall be considered as

meeting the requirements of this subsection.

(xvi) All windows and vents opening to the outside shall be provided with fly-proof

screens of not less than No. 16 mesh.

(xvii) All doors to the exterior shall open outward, shall be self-closing, and shall be

visually screened by means of a vestibule or wall to prevent direct view of the interior when the

exterior doors are open. Such screening shall not be required on single toilet single-toilet units.

(xviii) The interior finish of walls shall be moisture resistant to a height of four (4) feet to

facilitate washing and cleaning.

(xix) The floors shall be constructed of materials impervious to water and shall be easily

cleanable. Any toilet building having flush toilets shall be provided with a floor drain in the toilet

room. This drain shall be provided with a means to protect the trap seal as required by this code.

(7) Showers: Showers and shower dressing areas shall be built to code. All shower

compartments, regardless of shape, shall have a minimum finished interior of one thousand

twenty-four (1,024) square inches (0.66m2) and shall be capable of encompassing a thirty (30)

inch thirty-inch (30) (762mm) circle. The minimum required area and dimensions shall be

measured at a height equal to the top of the threshold and at a point tangent to its centerline. Each

shower shall be designed to minimize the flow of water into the dressing area and shall be

properly connected to the sewage system by means of a trapped inlet.

(i) If showers are provided, an individual dressing area, visually screened from view,

shall also be provided with a minimum floor area of thirty-six (36) inches by thirty-six (36)

inches (0.9m by 0.9m) and such dressing areas shall be equipped with a minimum of one clothing

hook and one stool (or equivalent bench area).

(ii) The floor of showers and dressing areas shall have an impervious, skid-resistant

surface.

(iii) Open showers provided exclusively for the removal of sand, etc., following beach

activities, need not comply with the provisions of this subsection.

SECTION 57. Article II of this act shall take effect on December 31, 2016. The

remaining portions of this act would take effect upon passage.

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LC003665/SUB A/2

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