A N     A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

Introduced By: Representative Peter Kilmartin

Date Introduced : February 3, 1998

It is enacted by the General Assembly as follows:

SECTION 1. The text of statutes herein appended is hereby enacted together with the amendments and corrections hereafter made, as titles 1 through 4, inclusive, of the general laws of 1956 (reenactment of 1987), as titles 19 through 20, inclusive, of the general laws of 1956 (reenactment of 1989), titles 25 through 27, inclusive, of the general laws of 1956 (reenactment of 1994), titles 42-49 through 42-127, inclusive, of the general laws of 1956 (reenactment of 1993) -- reenactment of 1998.

The phrase "text" as used herein does not include (1) printers reference lines appearing at the top or bottom of any galley proof; or (2) title or chapter headings (except the numbers of said titles and chapters); or (3) tables of contents appearing at the beginning of the titles and chapters; or (4) boldface captions appearing at the beginning of sections (except the numbers of said sections), except insofar as said title or chapter headings or boldface captions are necessary for clarification of any statutory text.

SECTION 2. All laws passed at this January Session of the General Assembly in the year 1998 shall be and remain in full force and effect notwithstanding the enactment of titles 1 through 4, inclusive, titles 19 through 20, inclusive, titles 25 through 27, inclusive, titles 42-49 through 42-127, inclusive, of the general laws, by this act; and all laws passed at this January Session of 1998 affecting titles 1 through 4, inclusive, titles 19 through 20, inclusive, titles 25 through 27, inclusive, titles 42-49 through 42-127, inclusive, of the general laws, shall be construed and deemed to be in amendment of or in addition to titles 1 through 4, inclusive, titles 19 through 20, inclusive, titles 25 through 27, inclusive, titles 42-49 through 42-127, inclusive, of the general laws as enacted by this act.

SECTION 3. Section 1-2-11 of the General Laws in Chapter 1-2 entitled "Airports and Landing Fields" is hereby amended to read as follows:

1-2-11. Interest of department employees prohibited. -- No member of the department of transportation shall have any financial interest, directly or indirectly, in any of the land or any estate or interest in land acquired by the state {DEL hereunder DEL} {ADD pursuant to section 1-2-3 ADD}, or in any contract or undertaking relating to the construction or equipment of a state airport, or in the laying out of its grounds.

SECTION 4. Section 2-1-27 of the General Laws in Chapter 2-1 entitled "Agricultural Functions of Department of Environmental Management" is hereby repealed in its entirety:

{DEL 2-1-27. Avoidance of unlawful sales -- Recovery of damages. -- DEL} {DELAny sale of land in violation of section 2-1-26 shall subject the seller thereof, and his agent, if any, to be liable to the purchaser for an amount not to exceed the consideration received or pledged therefor, together with any damages sustained by the purchaser, who may maintain a civil action to recover any amounts due him under the provisions of this section. DEL}

SECTION 5. Section 2-6-2 of the General Laws in Chapter 2-6 entitled "Rhode Island Seed Act" is hereby amended to read as follows:

2-6-2. Definitions. -- When used in this chapter:

(a) "Director" means the director of the department of environmental management of the state of Rhode Island and/or his authorized deputies or agents.

(b) The term "Person" includes any individual, partnership, corporation, company, society, or association.

(c) The term "Agricultural seed" includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of those seeds, and may include noxious weed seeds when the director determines that the seed is being used as agricultural seed.

(d) The term "Vegetable seeds" includes the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state.

(e) The term "Weed seeds" includes the seeds of all plants generally recognized as weeds within this state and includes noxious weed seeds.

{DEL (f) Noxious weed seeds are divided into two (2) classes: "Prohibited noxious weed seeds" and "Restricted noxious weed seeds" as defined in subdivisions (1) and (2) of this subsection: DEL}

(1) "Prohibited noxious weed seeds" are the seeds of perennial weeds such as not only reproduce by seed but also spread by underground roots, stems and other reproductive parts, and which, when well established, are highly destructive and difficult to control in this state by ordinary good cultural practice.

(2) "Restricted noxious weed seeds" are the seeds of such weeds as are objectionable in fields, lawns, and gardens of this state, but can be controlled by good cultural practices.

(g) The term "Labeling" includes all labels, and other written, printed, or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices.

(h) The term "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter.

(i) The term "Record" includes all information relating to the shipment or shipments involved and includes a file sample of each lot of seed.

(j) The term "Stop sale" means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed.

(k) The term "Seize" means a legal process carried out by court order against a definite amount of seed.

(l) The term "Kind" means one or more related species or sub-species which singly or collectively is known by one (1) common name, for example, corn, oats, alfalfa, and timothy.

(m) The term "Variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind.

(n) The term "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.

(o) The term "Hybrid" means the first generation seed of a cross produced by controlling the pollination and by combining: (1) two (2) or more inbred lines; (2) one (1) inbred or a single cross with an open pollination variety; or (3) two (2) varieties or species, except open-pollinated varieties of corn (Zea mays). The second generation of subsequent generations from those crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.

(p) The terms "Pure Seed", "Germination", and other seed labeling and testing terms in common usage shall be defined as in the Rules for Testing Seeds published by the Association of Official Seed Analysts, effective July 1, 1955 and as subsequently amended.

(q) The term "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

(r) The term "Treated" means given an application of a substance or subjected to a process designed to reduce, control, or repel disease organisms, insects, or other pests which attack seeds or seedlings growing therefrom.

(s) A "Private hearing" may consist of a discussion of facts between the person charged and the director.

(t) The term "Certifying agency" means: (1) an agency authorized under the laws of a state, territory or possession to officially certify seed; or (2) an agency of a foreign country determined by the U.S. secretary of agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under (1).

(u) The terms "Fine-textured grasses" and "Coarse kinds" are defined in rules and regulations under this chapter.

SECTION 6. Section 3-1-1 of the General Laws in Chapter 3-1 entitled "General Provisions" is hereby amended to read as follows:

3-1-1. Definitions. -- Unless the context otherwise requires, the words and phrases herein defined are used in this title in the sense given them in the following definitions:

{ADD (1) ADD} "Beverage": Any liquid which either by itself or by mixture with any other liquid or liquids is or may become fit for human consumption as a drink and which contains five-tenths of one per cent (.5%) or more of alcohol by weight.

{ADD (2) ADD} "Club": A corporation subject to the provisions of chapter 6 of title 7, owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors of other governing body.

{ADD (3) ADD} "Department": The department of business regulation.

{ADD (4) ADD} "Director": The director of the department of business regulation.

{ADD (5) ADD} "Division of Taxation": The division of taxation of the department of administration.

{ADD (6) ADD} "Farmer-winery": Any plant or premise where wine is produced, rectified, blended or fortified from fruits, flowers, herbs or vegetables.

{DEL "His, him, he" or other masculine gender pronoun shall apply to the female as well as the male sex without distinction. DEL}

{ADD (7) ADD} "Import": At one time or in one transaction to take or cause to be taken into this state from {DEL without DEL} {ADD outside ADD} the state any malt beverage in excess of eight (8) gallons or any vinous beverage or any beverage consisting in whole or in part of alcohol produced by distillation in excess of three (3) gallons.

{ADD (8) ADD} "Intoxicating beverage": A beverage which contains more than three and two-tenths percent (3.2%) of alcohol by weight.

{ADD (9) ADD} "Malt beverage": Any beverage which is usually produced at breweries, as distinguished from distilleries.

{ADD (10) ADD} "Nonintoxicating beverage": A beverage which contains not more than three and two-tenths percent (3.2%) of alcohol by weight.

{ADD (11) ADD} "Tavern": Any house where the principal business is the furnishing of food and sleeping accommodations.

{ADD (12) ADD} "Victualing house": Any shop or place where a substantial part of the business is the furnishing of food for consumption at the place where it is furnished.

{ADD (13) ADD} "Winegrower": Any person licensed to operate a farmer's winery under section 3-6-1.1.

{ADD (14) ADD} "Wines": All fermented alcoholic beverages made from fruits, flowers, herbs, or vegetables and containing not more than twenty-four percent (24%) of alcohol by volume at sixty degrees Fahrenheit (60 degrees F), except cider containing not more than three percent (3%) or containing more than six percent (6%), of alcohol by weight at sixty degrees Fahrenheit (60 degrees F).

SECTION 7. Section 3-5-9 of the General Laws in Chapter 3-5 entitled "Licenses Generally" is hereby amended to read as follows:

3-5-9. Premises covered. -- Not more than one (1) retail license, except in the case of a retailer's Class E license, shall be issued for the same premises. Every license shall particularly describe the place where the rights thereunder are to be exercised and beverages shall not be manufactured or kept for sale or sold by any licensee except at the place so described in his {ADD or her ADD} license.

SECTION 8. Sections 3-8-7, 3-8-8 and 3-8-8.1 of the General Laws in Chapter 3-8 entitled "Regulation of Sales" are hereby repealed.

{DEL 3-8-7. Advertising price of malt beverages, cordials, wine or distilled liquor. -- DEL} {DELNo manufacturer, wholesaler, or shipper from without this state and no holder of a license issued under the provisions of this title and chapter shall cause or permit the advertising in any manner whatsoever of the price of any malt beverage, cordials, wine or distilled liquor offered for sale in this state; provided, however, that the provisions of this section shall not apply to price signs or tags attached to or placed on merchandise for sale within the licensed premises in accordance with rules and regulations of the department. DEL}

{DEL 3-8-8. Rules for enforcement of section 3-8-7 -- Suspension of license for violation of section 3-8-7. -- DEL} {DELThe department is hereby authorized to promulgate rules which will enforce the provisions of section 3-8-7 and he shall have the power to suspend the license of any license-holder in violation thereof. DEL}

{DEL 3-8-8.1. Price advertising by media or advertising companies unlawful. -- DEL}{DEL No newspaper, periodical, radio or television broadcaster or broadcasting company or any other person, firm or corporation with a principal place of business in the state of Rhode Island which is engaged in the business of advertising or selling advertising time or space shall accept, publish, or broadcast any advertisement in this state of the price or make reference to the price of any alcoholic beverages. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor and shall be punished for the first offense by a fine in the sum of fifty dollars ($50.00) and for each additional offense thereafter by a fine not exceeding the sum of one hundred dollars ($100). Publication or broadcast by any person in violation of the provisions of this section shall also be subject to injunctive proceedings in a court of competent jurisdiction on a complaint brought by a retail licensee, or an association of retail licensees. DEL}

{DEL The provisions of this section shall not apply to any trade journal which is duly recognized and authorized to be exempt from the provisions of this section by the department. DEL}

SECTION 9. Section 3-11-2 of the General Laws in Chapter 3-11 entitled "Penalties and Liabilities" is hereby amended to read as follows:

3-11-2. Habitually intemperate persons -- Notice by family or employer -- Liability of notified persons. -- The husband, wife, parent, child, guardian or employer of any person who has or may hereafter have the habit of drinking intoxicating beverage to excess, may give notice in writing, signed by him or her, to any person requesting him {ADD or her ADD} not to sell or deliver intoxicating beverage to the person having that habit. If the person, so notified, at any time within twelve (12) months thereafter sells or delivers any intoxicating beverage to the person having that habit, or permits that person to loiter on his premises, the person giving the notice may in a civil action recover of the person notified such sum as may be assessed as damages; provided, the employer giving the notice shall be injured in his {ADD or her ADD} person, business or property. A married {DEL woman DEL} {ADD person ADD} may bring the action in {ADD his or ADD} her own name, and all damages recovered by {ADD him or ADD} her shall enure to {ADD his or ADD} her separate use. In case of the death of either party, the action and right of action shall survive to or against the executor or administrator.

SECTION 10. Section 4-13-1.2 of the General Laws in Chapter 4-13 entitled "Dogs" is hereby amended to read as follows:

4-13-1.2. Definitions. -- (1) "Board" means the Rabies Control Board.

(2) "Department" means the Department of Environmental Management or its successor.

(3) "Director" means the Director of the Department of Environmental Management (or its successor) or his/her designee.

(4) "Division" means the Division of Agriculture.

(5) "Livestock" means domesticated animals which are commonly held in moderate contact with humans which include, but are not limited to: cattle, bison, equines, sheep, goats, llamas and swine.

(6) "Person" means an individual, firm, {DEL jointstock DEL} {ADD joint stock ADD} company, partnership, association, private or municipal corporation, {ADD trust, estate, ADD} state, commission, political subdivision, {DEL a state, DEL} any interstate body {DEL or DEL} the federal government or any agency or subdivision {DEL thereof DEL} {ADD of the federal government ADD}.

(7) "Pets" means domesticated animals kept in close contact with humans, which include, but may not be limited to: dogs, cats, ferrets, equines, llamas, goats, sheep and swine.

(8) "Owner Keeper" means any person or agency keeping, harboring or having charge or control of or responsibility for control of an animal or any person or agency which permits any dog, cat, ferret or domestic animal to habitually be fed within such person's yard or premises. This term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop, or animal shelter.

{DEL (9) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, municipality or other government entity or other legal entity. DEL}

{DEL (10) DEL} {ADD (9) ADD} "Quarantine" means the removal, isolation, the close confinement or related measures of an animal under conditions and for time periods that are set by regulation of the Board.

SECTION 11. Section 19-3.1-2 of the General Laws in Chapter 19-3.1 entitled "Trust Powers" is hereby amended to read as follows:

19-3.1-2. Power to hold and invest assets. -- Every financial institution subject to this chapter shall have the power:

(a) To receive and hold money in trust or upon {DEL such DEL} {ADD any ADD} terms and conditions as may be agreed upon, and to allow {DEL such DEL} interest upon {ADD it ADD}.

(b) To receive and hold money, bonds, notes, mortgages, certificates of stock, and other securities, held in a fiduciary capacity. Interest on funds so received and held may be paid at {DEL such DEL} {ADD any ADD} rates as may be obtained or agreed upon.

(c) To receive and execute all trusts which may be created or transferred to it by the decree of any court, and to receive all funds that may be deposited with it by an order of any court, upon {DEL such DEL} {ADD any ADD} terms as may be agreed upon; and every court into which funds may be paid by parties to any proceeding therein, or may be brought by order or judgment, may by order direct the {DEL same DEL} {ADD funds ADD} to be deposited with {DEL such DEL} {ADD the ADD} financial institution. The financial institution shall not be required to accept or execute any trust without its written consent.

(d) In the absence of an express provision to the contrary in the instrument, judgment, decree or order creating a trust or other fiduciary relationship, to purchase for the fiduciary estate, or to advise others including any investment company or investment trust to purchase, directly from underwriters of distributors or in the secondary market, bonds or other securities which are underwritten or distributed by {DEL such DEL} {ADD the ADD} financial institution or an affiliate {DEL thereof DEL} {ADD of the financial institution ADD} or by any syndicate which includes {DEL such DEL} {ADD the ADD} financial institution or an affiliate {DEL thereof DEL} {ADD of the financial institution ADD} and securities of any investment company or investment trust for which {DEL such DEL} {ADD the ADD} financial institution or any affiliate {DEL thereof DEL} {ADD of the financial institution ADD} acts as adviser, distributor, transfer agent, registrar, sponsor, manager, shareholder servicing agent or custodian in return for reasonable compensation; provided, however, that

(1) Nothing in this subsection shall affect the degree of prudence which is required of fiduciaries generally under the common law of the state and

(2) Any {DEL such DEL} bonds or securities so purchased shall have sufficient liquidity and quality to satisfy the principles of fiduciary investment; provided, further, that

(i) Any financial institution purchasing bonds or other securities which are underwritten or distributed by the financial institution or an affiliate thereof or by any syndicate which includes the financial institution or an affiliate {DEL thereof DEL} {ADD of the financial institution ADD} or by any syndicate which includes the financial institution or an affiliate {DEL thereof DEL} {ADD of the financial institution ADD} shall, in any written communication or account statement reflecting {DEL such DEL} {ADD the ADD} purchase, disclose the fact that it or an affiliate may have an interest in the underwriting or distribution of the bonds or securities and any capacities in which it or an affiliate acts for the issuer of {DEL such DEL} {ADD the ADD} securities; and

(ii) Any financial institution purchasing securities of any investment company or investment trust for which the financial institution or any affiliate thereof acts as advisor, distributor, transfer agent, registrar, sponsor, manager, shareholder servicing agent or custodian shall disclose the provision of the stated services, and the receipt of compensation for {DEL such DEL} {ADD the ADD}services, annually by mailing a prospectus, statement or letter describing the {DEL same DEL} {ADD services ADD} to the last known address of each person to whom statements for the fiduciary estate are rendered.

(3) For the purposes of this subsection, the term financial institution shall include insured-deposit-taking institutions duly organized under the laws of the United States and empowered to exercise trust powers.

SECTION 12. Section 19-2-14 of the General Laws in Chapter 19-2 entitled "Creation and Expansion" is hereby amended to read as follows:

19-2-14. Conversion to stock form of financial institution. -- {ADD (a) ADD}Any mutual savings bank chartered under the laws of this state may convert to and become a financial institution with capital stock upon adoption of a plan of conversion by two-thirds (2/3) vote of the board of trustees and approval of {DEL such DEL} {ADD the ADD} plan by the director or {DEL his or her DEL} {ADD the director's ADD}designee and a majority vote of the depositors of the savings bank present in person or by proxy at a meeting called by the board of trustees. For the purpose of this section, unless otherwise required under applicable provisions of federal banking law, the depositor shall be deemed to be the individual whose tax identification number or social security number is used by the bank for interest reporting purposes to the Internal Revenue Service. The plan of conversion shall provide that the savings bank shall issue and sell the stock issued in connection with the conversion at a price which represents its pro forma market value, as determined by an independent appraisal, and shall offer its stock initially in a subscription offering to the depositors of the savings bank on an eligibility record date established by the board of trustees, giving {DEL such DEL} {ADD those ADD} depositors priority rights to purchase the shares over the general public pro rata based on deposits. The converted savings bank shall also create a liquidation account for the benefit of its depositors on the eligibility record date, in an amount representing the undivided profits and guaranty fund of the savings bank at that time, balances of which shall be calculated and subsequently recalculated as determined in accordance with regulations promulgated by the director or {DEL his or her DEL} {ADD the director's ADD} designee. Unless otherwise impaired, any liquidation account so created also shall be considered as part of the paid-in and unimpaired capital stock and surplus of any stock financial institution. The plan of conversion may provide for restrictions on the amount of stock which any person or entity may purchase in the conversion, or own or control thereafter, which may also be incorporated into the stock agreement to form of the converted entity.

{ADD (b) ADD} In connection with {DEL such DEL} {ADD the ADD} conversion, the financial institution may form a holding company or utilize an existing holding company to hold all the shares of the financial institution, and offer to its depositors and general public (subject to subscription rights in favor of depositors as aforesaid) all of the stock of the holding company in lieu of the capital stock of the financial institution. Such conversion may also be accomplished pursuant to a merger as permitted by this title. The converting savings bank may at the time of conversion, merge any financial institution subsidiary into the capital stock financial institution resulting from the conversion, or cause the subsidiary to become a separate subsidiary of a holding company.

{ADD (c) ADD} No savings bank may convert to a stock form of financial institution unless its deposits will continue to be federally insured. The corporate existence of a mutual savings bank converting to the stock financial institution shall not terminate but the financial institution shall be deemed to be a continuation of entity of the savings bank so converted.

{ADD (d) ADD} In connection with its approval of the plan of conversion, the director or {DEL his or her DEL} {ADD the director's ADD} designee shall approve the proposed stock agreement to form for the converted entity. The director or {DEL his or her DEL} {ADD the director's ADD} designee, upon finding that the requirements of this section and applicable regulations have been met and that the conversion has been completed with the sale of all shares offered in the conversion, shall issue a certificate of approval of the conversion to the converted entity. Upon the payment of fifty dollars ($50.00), the certificate of approval shall be filed in the office of the secretary of state, together with the certificate of the general treasurer that the converted entity has paid into the treasury for the use of the state a sum equal to one-tenth of one percent (.1%) of {DEL such DEL} {ADD its ADD} capital stock which in no event shall be less than one hundred dollars ($100). Upon the filing of the certificate with the secretary of state and payment of fifty dollars ($50.00), the secretary of state shall immediately record the certificate of approval and stock agreement to form, whereupon the stock agreement to form will become effective.

{ADD (e) ADD}The director or {DEL his or her DEL} {ADD the director's ADD} designee shall issue rules and regulations implementing this section.

{ADD (f) ADD} To the extent not inconsistent herewith, each mutual savings bank converted into a stock financial institution, shall have all the powers and privileges conferred on, and be subject to all the duties and liabilities imposed on financial institutions.

SECTION 13. Section 19-12-1 of the General Laws in Chapter 19-12 entitled "Receivership" is hereby amended to read as follows:

19-12-1. Application for receivership. -- {ADD The director, or the director's designee, is empowered immediately to take possession of any financial institution or credit union and its assets ADD} {DEL I DEL} {ADD i ADD}f, upon examination, any financial institution or credit union, {ADD which has or ADD} {DEL whether or nor such financial institution or credit union DEL} has {ADD not ADD} invoked the conservatorship provisions {DEL of this title DEL} or the voluntary liquidation provisions of this title, appears to be insolvent by reason of:

(a) {DEL Such DEL} {ADD The ADD} financial institution's or credit union's financial condition is such that the sum of {DEL such DEL} {ADD the ADD} financial institution's or credit union's debts are greater than all of {DEL such DEL} {ADD the ADD} financial institution's or credit union's property at a fair valuation, exclusive of property transferred, concealed, or removed with intent to hinder, delay or defraud {DEL such DEL} {ADD the ADD} financial institution's or credit union's creditors or because it is generally not paying or is unable to pay its debts as they become due; or

(b) {DEL Such DEL} {ADD The ADD} financial institution's or credit union's condition is such as to render the continuance of its business hazardous to the public or to those having funds in its custody; or

(c) {DEL Such DEL} {ADD The ADD} financial institution or credit union has failed to maintain adequate deposit insurance as required by this title; or

(d) {DEL Suc DEL}h {ADD The ADD} financial institution or credit union has failed to remedy unsafe or unsound practices in violation of a cease and desist order.

{DEL The director or his or her designee, is empowered immediately to take possession of that financial institution or credit union and its assets; and DEL} {DEL t DEL} {ADD T ADD}he director may apply to the superior court for the appointment of the director or one of {DEL his or her DEL} {ADD the director's ADD} deputies, or both, or in the case {DEL of DEL} {ADD when ADD} a financial institution {ADD 's ADD} or credit union {ADD 's ADD} {DEL whose DEL} deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration or any other agency or instrumentality of the United States, which insures the deposits of such financial institution or credit union, {ADD as ADD} a receiver or receivers {DEL thereof DEL} {ADD of the financial institution or credit union ADD}, and for an injunction to restrain the financial institution or credit union, in whole or in part, from further proceeding with its business, and the court shall have jurisdiction in equity of the application.

SECTION 14. Section 20-2-2 of the General Laws in Chapter 20-2 entitled "Licensing" is hereby amended to read as follows:

20-2-2. Issuance of licenses. -- The clerk of any city or town and any person or corporation appointed by the director as {DEL set forth above DEL} {ADD provided in section 20-2-1 ADD} shall, upon the application of any person entitled to receive a license under this chapter and upon payment of the license fee {DEL hereinafter DEL} specified, register that person and issue to him or her a license certificate in the form prescribed and upon a blank to be furnished by the department which certificate shall bear the name, age, occupation, place of residence, signature, and identifying description of the registrant and shall authorize him or her to fish, or shellfish, or to pursue, hunt, and kill game in the state of Rhode Island during {DEL such DEL} {ADD those ADD} seasons and in {DEL such DEL} {ADD those ADD} manners and according to {DEL such DEL} {ADD those ADD} conditions as shall be provided by law; provided, however, that no {DEL such DEL} clerk or appointee shall have authority to issue lobster, commercial shellfish, or commercial fishing licenses of any kind.

SECTION 15. Section 20-2-7.1 of the General Laws in Chapter 20-2 entitled "Licensing" is hereby repealed.

{DEL 20-2-7.1. Shellfish transplant program. -- DEL}{DELNotwithstanding any other provisions of this chapter to the contrary, a minimum sum of twenty thousand dollars ($20,000) shall be allocated for the purpose of establishing a shellfish transplant program from revenues derived from the fees imposed by the provisions of this chapter during the fiscal year 1993-1994. DEL}

SECTION 16. Section 20-6-28 of the General Laws in Chapter 20-6 entitled "Shellfish" is hereby amended to read as follows:

20-6-28. Cost of transfer of shellfish. -- For the transfer of shellfish pursuant to section 20-6-26, the director is {DEL herewith DEL} authorized to hire dredge boats or handrakers and to set the rate of payment. Any {ADD transferred ADD} shellfish {DEL so transferred DEL} may be sold by the director, and the proceeds of that sale shall be retained under the control of the director for the purpose of assisting in the cost of the transfer of shellfish from uncertified waters to approved areas from time to time as the transfer shall become necessary or expedient.

{DEL For the fiscal year 1995-1996, the director shall provide funding for the shellfish transfer program in the minimum amount of one hundred twenty thousand dollars ($120,000.00), from "The Commercial Fishing Infrastructure and Resource Rehabilitation" federal grant or any other available federal funding. DEL}

SECTION 17. Section 20-13-16 of the General Laws in Chapter 20-13 entitled "Hunting and Hunting Safety" is hereby amended to read as follows:

20-13-16. Harassment of hunters, trappers, and fishers prohibited. -- (a) No person shall obstruct or interfere with the lawful taking of wildlife by another person at the location where the activity is taking place with intent to prevent such taking.

(b) A person violates this section when he or she intentionally or knowingly: (1) Drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife where another person is engaged in the process of lawfully taking wildlife; (2) blocks, impedes or otherwise harasses another person who is engaged in the process of lawfully taking wildlife; (3) uses natural or artificial visual, aural, olfactory or physical stimuli to affect wildlife behavior in order to hinder or prevent the lawful taking of wildlife; (4) erects barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur; (5) interjects himself {ADD or herself ADD} into the line of fire; (6) affects the condition or placement of personal or public property intended for use in the lawful taking of wildlife in order to impair its usefulness or prevent its use; or (7) enters or remains upon private lands without the permission of the owner or his {ADD or her ADD}agent, with intent to violate this section.

(c) A violation of this section is a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

SECTION 18. Sections 27-1-15, 27-1-25 and 27-1-41 of the General Laws in Chapter 27-1 entitled "Domestic Insurance Companies" are hereby amended to read as follows:

27-1-15. Collection and distribution of assets by receiver -- Reinsurance. -- The receiver may take evidence and property into his or her possession and shall collect the debts, dispose of the property, and pay out of the proceeds thereof, if the proceeds shall be sufficient, all the debts of the corporation, first reserving to himself or herself such reasonable compensation as shall be allowed by the court for his or her services; provided, the receiver may reinsure, upon the written consent of the insurance commissioner and the attorney-general, all the policy obligations of the corporation in any solvent corporation authorized to do business in this state, if the assets of the corporation of which he or she is a receiver are sufficient to effect the reinsurance. If the assets are insufficient for that purpose, the receiver, upon the {DEL like DEL} {ADD written ADD} consent {ADD of the insurance commissioner and the attorney general ADD}, may reinsure a percentage of each policy obligation of the corporation outstanding to the extent that its assets may be sufficient for that purpose. No contract of reinsurance shall be entered into by the receiver, except in pursuance of an order of the court in which the receiver was appointed, directing the reinsurance and establishing the general form of the contract for the same.

27-1-25. Decree approving reorganization plan -- Binding effect. -- Upon the hearing, the court shall determine the regularity of all proceedings {DEL theretofore DEL} taken {ADD under this chapter ADD} in connection with the plan as originally submitted or as amended and the fairness and equity {DEL thereof DEL} {ADD of the plan ADD}, and may enter {DEL such DEL} {ADD an appropriate ADD} decree {DEL as may be appropriate DEL}. Upon entry of any decree by the court approving a compromise or arrangement and any reorganization as a consequence of a compromise or arrangement, then the compromise or arrangement and any reorganization as a consequence of the compromise or arrangement shall be binding upon the company, on every other company issuing securities or acquiring property under the reorganization, and on all creditors and stockholders of the company whether or not the creditors and stockholders are affected by the reorganization or have accepted it or have filed proofs of their claims or interests and whether or not their claims or interests have been scheduled or allowed or are allowable.

27-1-41. {DEL Domestic insurance company assessment. -- DEL} {ADD> Domestic insurance company assessment -- Allocation of portion of premium taxes to insurance division. -- ADD}(a) Notwithstanding any other provisions of law, each domestic insurance company shall be charged {DEL for the fiscal years set forth below an assessment to partially support the activities of the division of insurance in the department of business regulation: DEL}

{DEL (1) For the fiscal year 1993-1994 each domestic insurance company's assessment shall be determined in accordance with the following ratio: (i) by dividing the company's total direct premiums, including annuities, less policyholder dividends, by the total direct premiums, including annuities, less policyholder dividends of all domestic insurance companies plus the total direct premiums of domestic companies licensed or regulated pursuant to chapters 19, 20, 20.1, 20.2, 20.3, 25, and 41 of this title, and chapter 62 of title 42; (ii) and then by multiplying the resulting ratio times one hundred twenty thousand dollars ($120,000). DEL}

{DEL (b) The minimum assessment charged a domestic insurance company in any one fiscal year shall be one thousand dollars ($1,000). DEL}

{DEL (c) To further support the activities of the insurance division of the department of business regulation, DEL} {ADD for each fiscal year after the fiscal year 1994-1995, ADD} an amount equal to {ADD five percent (5%) of the total premium taxes collected by the state for the fiscal year which immediately precedes it to partially support the activities of the insurance division of the department of business regulation. ADD}

{ADD (b) The minimum assessment charged a domestic insurance company in any one fiscal year shall be one thousand dollars ($1,000). ADD} {DEL a specified percentage of the total premium taxes collected by the state shall be allocated to that division, as follows: DEL}

{DEL (1) For the fiscal year 1993-1994, 4.5% of the taxes collected during fiscal year 1992-1993; DEL}

{DEL (2) For the fiscal year 1994-1995, 5% of the taxes collected during fiscal year 1993-1994; and DEL}

{DEL (3) For each fiscal year after fiscal year 1994-1995, 5% of the taxes for the fiscal year which immediately precedes it. DEL}

SECTION 19. Section 27-9-10 of the General Laws in Chapter 27-9 entitled "Casualty Insurance Rating" is hereby amended to read as follows:

27-9-10. Waiting period -- Effective date of filings. -- Subject to the exception specified in section 27-9-9, each filing shall be on file for a waiting period of thirty (30) days before it becomes effective, which period may be extended by the commissioner for an additional period not to exceed thirty (30) days if the commissioner gives written notice within that waiting period to the insurer or rating organization which made the filing that he or she needs that additional time for the consideration of the filing. Upon written application by the insurer or rating organization, the commissioner may authorize a filing which the commissioner has reviewed to become effective before the expiration of the waiting period or any extension thereof. A filing shall be deemed to meet the requirements of this chapter and to become effective unless disapproved, as {DEL hereinafter DEL} provided {ADD in this chapter ADD}, by the commissioner within the waiting period or any extension thereof; provided, however, that if the commissioner gives written notice to the insurer or rating organization within the waiting period or any extension thereof that he or she will hold a hearing on the filing, the filing shall not become effective before or until the commissioner issues his or her decision thereon. Upon giving that notice the commissioner shall also give public notice of the hearing by causing a notice to be published in a newspaper of general circulation in the state at least ten (10) days prior to the hearing stating the name of the insurer or rating organization which has made the filing and including a general description of the subject matter and sending a copy of that notice to the {DEL Rhode Island consumers' council DEL} {ADD consumer protection unit of the department of attorney general ADD}. The commissioner shall hold a hearing on major filings. The hearing shall be held and a decision issued by the commissioner as soon as reasonably possible.

SECTION 20. Section 27-19-17 of the General Laws in Chapter 27-19 entitled "Nonprofit Hospital Service Corporations" is hereby amended to read as follows:

27-19-17. Additional benefits. -- Notwithstanding the provisions of this chapter, any nonprofit hospital service corporation organized under this chapter may contract with any of its subscribers for coverage or benefits for medical services as may from time to time be provided under any plan adopted by the corporation. "Subscribers" as used in this {DEL section DEL} {ADD chapter ADD} shall include, in addition to those set forth in section 27-19-1, persons contracting with the corporation for coverage or benefits for medical services. "Medical services" as used {DEL herein DEL} {ADD in this chapter ADD}means professional services rendered by physicians, dentists, podiatrists, or other providers of health services for such medical, dental, surgical and other health services as may lawfully be rendered by them to subscribers; the term shall include appliances, drugs, medicines, supplies, and nursing care necessary in connection with such services, or such expense indemnity for such services, appliances, drugs, medicines, supplies, and care, as may be specified in any nonprofit medical service plan.

SECTION 21. Section 27-20-27.3 of the General Laws in Chapter 27-20 entitled "Nonprofit Medical Service Corporations" is hereby amended to read as follows:

27-20-27.3. Managed care. -- Nothing in this chapter shall preclude the conducting of managed care reviews and medical necessity reviews by an insurer, hospital or medical service corporation, or health maintenance organization. A nonprofit medical service corporation may, as a condition of coverage, require its members to obtain {DEL such DEL} new cancer therapies {ADD still under investigation as outlined in this chapter ADD} from providers and facilities designated by the nonprofit medical service corporation to render {DEL such DEL} {ADD these ADD} new cancer therapies.

SECTION 22. Sections 27-25-17 and 27-25-29 of the General Laws in Chapter 27-25 entitled "Rhode Island Fraternal Code" are hereby amended to read as follows:

27-25-17. Beneficiaries. -- (a) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.

(b) A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member, provided the portion so paid shall not exceed the sum of two thousand dollars ($2,000).

(c) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of the benefit, except to the extent that funeral benefits may be paid as {DEL hereinbefore DEL} provided {ADD in subsection (b) ADD}, shall be payable to the personal representative of the deceased insured, provided that if the owner of the certificate is other than the insured, the proceeds shall be payable to the owner.

27-25-29. Foreign or alien society -- Admission. -- No foreign or alien society shall transact business in this state without a license issued by the commissioner of insurance. A society desiring admission to this state shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies. A society may be licensed to transact business in this state upon filing with the commissioner of insurance:

(1) A duly certified copy of its articles of incorporation;

(2) A copy of its bylaws, certified by its secretary or corresponding officer;

(3) A power of attorney to the commissioner of insurance as prescribed in section 27-25-35;

(4) A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the commissioner of insurance, duly verified by an examination made by the supervising insurance official of its home state or other state, territory, province, or country, satisfactory to the commissioner of insurance of this state;

(5) Certification from the proper official of its home state, territory, province, or country that the society is legally incorporated and licensed to transact business therein;

(6) Copies of its certificate forms; {DEL and DEL}

(7) {DEL Such other information as the commissioner of insurance may deem necessary; DEL}

{DEL and upon a showing that its assets are invested in accordance with the provisions of this chapter. DEL} {ADD A showing that its assets are invested in accordance with the provisions of this chapter; and ADD}

{ADD (8) Any other information that the commissioner of insurance may deem necessary. ADD}

SECTION 23. Section 27-33-11 of the General Laws in Chapter 27-33 entitled "Federal Riot Reinsurance Reimbursement Fund" is hereby amended to read as follows:

27-33-11. Rules and regulations. -- The director of business regulation may issue such rules, regulations, and orders as may be necessary to carry out the purposes of this chapter. The director is specifically empowered to require that basic property insurance as defined {DEL above DEL} {ADD in section 27-33-10 ADD} and such other insurance as may be {DEL hereafter DEL} required or suggested by the federal insurance administrator for inclusion be made available under the FAIR plan. Any regulation requiring coverage described {DEL herein DEL} {ADD in this section ADD} which has {DEL heretofore DEL} been promulgated by the insurance commissioner is hereby ratified and confirmed.

SECTION 24. Section 27-49-1 of the General Laws in Chapter 27-49 entitled "Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting -- Immunity Act" is hereby amended to read as follows:

27-49-1. Purpose. -- The purpose of this chapter is to allow for the sharing of information as to motor vehicle theft and/or motor vehicle insurance fraud between automobile insurers and certain governmental agencies. This chapter allows the governmental agencies to request and receive from the insurers information relating to motor vehicle theft or motor vehicle insurance fraud losses; provide for insurers to notify these agencies of motor vehicle theft and insurance fraud; and to provide for immunity to the insurers providing this information, and {DEL presenting DEL} {ADD protecting ADD} the confidentiality of the information exchanged or released pursuant to this chapter.

SECTION 25. Section 41-4-4.1 of the General Laws in Chapter 41-4 entitled "Mutuel Betting and License Fees" is hereby amended to read as follows:

41-4-4.1. Support of racing division activities -- Tax. -- (a) Notwithstanding the provisions of section 41-4-3 or 41-3.1-6 each licensee conducting racing events under the pari-mutuel system shall collect an additional five percent (5%) of all money wagered on the multiple pools at racing tracks. Multiple pools shall be defined as all forms of wagering other than win, place, and show. This five percent (5%) tax shall be over and above the schedule of taxes as set forth in section 41-4-3, and shall be distributed as follows:

(1) {DEL [ As amended by P.L. 1995, ch. 370, art. 26, section 1. ] One and one half percent (1.5%) shall be paid weekly into a restricted revenue account to be established in the department of business regulation and these proceeds shall be used and restricted to the support of all activities of the division of racing and athletics in the department of business regulation. Tax revenue in excess of one million dollars ($1,000,000) in the account shall revert to the general fund; DEL}

{DEL (1) [ As amended by P.L. 1995, ch. 370, art. 40, section 125. ] DEL} One and one half percent (1.5%) shall be paid to the department of business regulation and these proceeds shall be deposited as general revenue;

(2) Effective January 1, 1990, one half of one percent (.5%) shall be paid to owners of dog kennels who are under contract with a licensee who shall distribute funds to the owners of dog kennels in a manner consistent with the generally accepted distribution of dog kennel owners' purses subject to an annual audit by the auditor general or his or her designee.

(3) One and one half percent (1.5%) shall be paid to the licensee provided that there is at least three hundred and forty (340) scheduled performances during the calendar year.

(4) One and one half percent (1.5%) shall be paid to the state and revert to the general fund.

(b) Notwithstanding the provisions of section 41-3.1-6 each licensee conducting racing events under the pari-mutuel system shall collect an additional four percent (4%) of all moneys wagered on so called straight (win, place, or show) wagering. This four percent (4%) tax shall be over and above the schedule of taxes as set forth in section 41-3.1-6, and shall be distributed as follows:

(1) One percent (1%) shall be paid to the town of Lincoln; and

(2) One percent (1%) shall be paid to owners of dog kennels who are under contract with a licensee who shall distribute funds to the owners of dog kennels in a manner consistent with the generally accepted distribution of dog kennel owners' purses subject to an annual audit by the auditor general or his or her designee.

(3) Two percent (2%) shall be paid to the state and revert to the general fund.

SECTION 26. Section 42-49-1 of the General Laws in Chapter 42-49 entitled "Little State Houses" is hereby amended to read as follows:

42-49-1. Authority to establish little state houses. -- The governor is hereby authorized to {ADD perform all acts necessary ADD} to establish {ADD and implement ADD} little state houses throughout the state of Rhode Island {DEL , and to perform all acts necessary to the implementation of the same DEL}.

SECTION 27. Section 42-56-10 of the General Laws in Chapter 42-56 entitled "Department of Corrections" is hereby amended to read as follows:

42-56-10. Powers of the director. -- In addition to exercising the powers and performing the duties which are otherwise given him by law, the director of the department of corrections shall:

(a) Designate, establish, maintain, and administer such state correctional facilities as he or she deems necessary, and may discontinue the use of such state correctional facilities as he or she deems appropriate for that action;

(b) Maintain security, safety, and order at all state correctional facilities, utilize the resources of the department to prevent escapes from any {DEL such DEL} {ADD state correctional ADD} facility, take all necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of any {DEL such DEL} {ADD state correctional ADD} facility, including but not limited to the development, planning, and coordination of emergency riot procedures, and take suitable measures for the restoration of order;

(c) Establish and enforce standards for all state correctional facilities;

(d) Supervise and/or approve the administration by the assistant directors of the department;

(e) Manage, direct, and supervise the operations of the department;

(f) Direct employees in the performance of their official duties;

(g) Hire, promote, transfer, assign, and retain employees and suspend, demote, discharge, or take other necessary disciplinary action;

(h) Maintain the efficiency of the operations of the department;

(i) Determine the methods, means, and personnel by which those operations of the department are to be conducted;

(j) Relieve employees from duties because of lack of work or for other legitimate reasons;

(k) Establish, maintain, and administer programs including but not limited to education, training, and employment, of persons committed to the custody of the department, designed as far as practicable to prepare and assist each person to assume the responsibilities and exercise the rights of a citizen of this state;

(l) Establish a system of classification of persons committed to the custody of the department for the purpose of developing programs for each person;

(m) Determine at the time of commitment, and from time to time thereafter, the custody requirements and program needs of each person committed to the custody of the department and assign or transfer those persons to appropriate facilities and programs;

(n) Establish training programs for employees of the department;

(o) Investigate grievances and inquire into alleged {DEL conduct DEL} {ADD misconduct ADD} within the department;

(p) Maintain adequate records of persons committed to the custody of the department;

(q) Establish and maintain programs of research, statistics, and planning, and conduct studies relating to correctional programs and responsibilities of the department;

(r) Utilize, as far as practicable, the services and resources of specialized community agencies and other local community groups in the development of programs, recruitment of volunteers, and dissemination of information regarding the work and needs of the department;

(s) Make and enter into any contracts and agreements necessary or incidental to the performance of the duties and execution of the powers of the department, including, but not limited to, contracts to render services to committed offenders, and to provide for training or education for correctional officers and staff;

(t) Seek to develop civic interest in the work of the department and educate the public as to the needs and goals of the corrections process;

(u) Expend annually in the exercise of his or her powers, performance of his or her duties, and for the necessary operations of the department such sums as may be appropriated therefor by the general assembly; and

(v) Make and promulgate necessary rules and regulations incident to the exercise of his or her powers and the performance of his or her duties including but not limited to rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services, communication, and visiting privileges, classification, education, training, employment, care, and custody for all persons committed to correctional facilities.

SECTION 28. Section 42-61-2 of the General Laws in Chapter 42-61 entitled "State Lottery" is hereby amended to read as follows:

42-61-2. Powers and duties of commission. -- The commission shall meet with the director {ADD of lotteries appointed under section 42-61-3 ADD}, {DEL which position is hereinafter created, DEL} not less than once each month, for the purpose of promulgating and reviewing rules and regulations relating to the lotteries, to make recommendations and set policy for lotteries, to approve or reject actions of the director and to transact other business that may be properly brought before the commission. The rules and regulations promulgated by the commission shall include but not be limited to:

(1) The types of lotteries to be conducted;

(2) The price of tickets or shares in the lotteries;

(3) The number and size of the prizes on the winning tickets or shares;

(4) The manner of selecting the winning tickets or shares;

(5) The manner of payment of prizes to the holders of winning tickets or shares;

(6) The frequency of the drawings or selections of winning tickets or shares;

(7) The number and types of location at which tickets or shares may be sold;

(8) The method to be used in selling tickets or shares;

(9) The licensing of agents to sell tickets or shares, except that a person under the age of eighteen (18) shall not be licensed as an agent;

(10) The license fee to be charged to agents;

(11) The manner in which proceeds of sale of lottery tickets or shares are maintained, reported, and otherwise accounted for;

(12) The manner and amount of compensation to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the general public;

(13) The apportionment of the total annual revenue accruing from the sale of lottery tickets or shares and from all other sources for the payment of prizes to the holders of winning tickets or shares, for the payment of costs incurred in the operation and administration of the lotteries, including the expense of the commission and the costs resulting from any contract or contracts entered into for promotional, advertising, consulting, or operational services or for the purchase or lease of facilities, lottery equipment, and materials, for the repayment of moneys appropriated to the lottery fund;

(14) The superior court upon petition of the majority of the commission after a hearing may issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter over which it has jurisdiction, control or supervision. If a person subpoenaed to attend in the proceeding or hearing fails to obey the command of the subpoena without reasonable cause or if a person in attendance in any such proceeding or hearing refuses without lawful cause to be examined or to answer a legal or pertinent question or to exhibit any book, account, record, or other document when ordered to do so by the court, that person may be punished for contempt of the court;

(15) No action of the commission shall be binding unless taken at a meeting at which at least five (5) of the members are present and a majority of those present and voting {ADD are ADD} in favor {DEL thereof DEL} {ADD of the action of the commission ADD}. The rules and regulations promulgated by the commission or any amendments, revisions, supplements, or repeal thereof, shall be {DEL forthwith DEL} {ADD immediately ADD} transmitted, and under the certification of the executive secretary {DEL thereof DEL} {ADD of the commission ADD}, to the secretary of state for filing;

(16) The manner, standards, and specification for a process of competitive bidding for commission purchases and contracts;

(17) The sale of commercial advertising space on the reverse side of, or in other available areas upon, lottery tickets provided that all net revenue derived from the sale of {DEL such DEL} {ADD the ADD}advertising space shall be deposited immediately into the state's general fund and shall not be subject to the provisions of section 42-61-15 of this chapter.

SECTION 29. Section 42-63.4-8 of the General Laws in Chapter 42-63.4 entitled "New Shoreham Tourism Council, Inc" is hereby amended to read as follows:

42-63.4-8. Severability. -- The provisions of this chapter are severable and if any provision or part {DEL thereof DEL} {ADD of this chapter ADD} shall be held invalid or unconstitutional or inapplicable to any person or circumstances, {DEL such DEL} {ADD any ADD} invalidity, unconstitutionality or inapplicability {ADD of any provision or part of this chapter ADD} shall not affect or impair the remaining provisions of this chapter.

SECTION 30. Section 42-63.5-7.1 of the General Laws in Chapter 42-63.5 entitled "Providence Place Project" is hereby amended to read as follows:

42-63.5-7.1. Providence place project usury exemption. -- All loans made and other forms of credit extended to any one or more of Providence Place Group Limited Partnership, Providence Place Group, LLC, PPG Development of Rhode Island, Inc., and/or their respective successors and assigns, in connection with its or their acquisition, ownership, development, operation and/or financing of the Providence Place Project, as defined in this chapter, shall be exempt from usury laws now or hereafter in effect in the state, including without limitation those embodied in section 6-26-2, as amended, with the effect that all {DEL such DEL} loans and extensions of credit {ADD as defined in this chapter ADD} shall be exempt from any maximum rate or other limitation on the amount of interest which may be reserved, charged or taken with respect thereto.

SECTION 31. Sections 42-64-7.3, 42-64-8, 42-64-9.10 of the General Laws in Chapter 42-64 entitled "Rhode Island Economic Development Corporation" are hereby amended to read as follows:

{ADD 42-64-7.3. Voluntary dissolution of a subsidiary public corporation. -- ADD} (a) A subsidiary public corporation may be dissolved only by approval and authorization from the general assembly, directing the adoption of a resolution to dissolve the subsidiary public corporation by the board of directors of the parent corporation. Upon the adoption of the resolution, a statement of intent to dissolve shall be executed in duplicate by the subsidiary public corporation by its president or a vice president and by its secretary or an assistant secretary, which statement shall set forth:

(i) The name of the subsidiary public corporation;

(ii) The names and respective addresses of its officers;

(iii) The names and respective addresses of its directors;

(iv) A copy of the approval and the authorization from the general assembly and a copy of the resolution adopted by the board of directors of the parent corporation authorizing the dissolution of the subsidiary public corporation; and

(v) If, pursuant to subsection (c) hereof, the date when the subsidiary public corporation is to cease to carry on its business is to be subsequent to the date of the filing, the date when the corporation is to cease to carry on its business.

(b) Duplicate originals of the statement of intent to dissolve shall be delivered to the secretary of state. If the secretary of state finds that the statement conforms to law, the secretary shall:

(i) Endorse on each of the duplicate originals the word "Filed," and the month, day, and year of the filing thereof;

(ii) File one of the duplicate originals in his or her office; and

(iii) Return the other duplicate original to the subsidiary public corporation or its representative.

(c) Upon the filing by the secretary of state of a statement of intent to dissolve, or upon such later date, not more than thirty (30) days after the filing, as may be set forth in the statement, the subsidiary public corporation shall cease to carry on its business, except insofar as may be necessary for the winding up thereof, but its corporate existence shall continue until a certificate of dissolution has been issued by the secretary of state.

(d) After the filing by the secretary of state of a statement of intent to dissolve:

(i) The subsidiary public corporation shall immediately cause notice thereof to be mailed to each known creditor of the subsidiary public corporation; and

(ii) The subsidiary public corporation shall proceed to collect its assets, sell, or otherwise dispose of such of its properties as are not to be distributed in kind to the parent corporation, pay, satisfy, and discharge its liabilities and obligations and do all other acts required to liquidate its business and affairs, and, after paying or adequately providing for the payment of all its obligations, distribute the remainder of its assets, either in cash or in kind, to the parent corporation.

(e) When all debts, liabilities, and obligations of the subsidiary public corporation have been paid and discharged, or adequate provision has been made therefor, and all of the remaining property and assets of the subsidiary public corporation have been distributed to the parent corporation, articles of dissolution shall be executed in duplicate by the subsidiary public corporation by its president or a vice president and by its secretary or an assistant secretary, which statement shall set forth:

(i) The name of the subsidiary public corporation;

(ii) That the secretary of state has theretofore filed a statement of intent to dissolve the subsidiary public corporation, and the date on which the statement was filed;

(iii) That all debts, obligations, and liabilities of the subsidiary public corporation have been paid and discharged or that adequate provision has been made {DEL therefor DEL} {ADD for their payment or discharge ADD};

(iv) That all the remaining property and assets of the subsidiary public corporation have been distributed to the parent corporation; and

(v) That there are no suits pending against the subsidiary public corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree which may be entered against it in any pending suit.

(f) (1) Duplicate originals of the articles of dissolution shall be delivered to the secretary of state. If the secretary of state finds that the articles of dissolution conform to law, the secretary shall:

(i) Endorse on each of these duplicate originals the word "Filed," and the month, day, and year of the filing thereof;

(ii) File one of these duplicate originals in his or her office; and

(iii) Issue a certificate of dissolution to which the secretary shall affix the other duplicate original.

(2) The certificate of dissolution, together with the duplicate original of the articles of dissolution affixed thereto by the secretary of state, shall be returned to the representative of the dissolved subsidiary public corporation. Upon the issuance of the certificate of dissolution the existence of the subsidiary public corporation shall cease, except for the purpose of suits, other proceedings and appropriate corporate action by directors and officers as provided {DEL herein DEL} {ADD in this section ADD}.

(g) The dissolution of a subsidiary public corporation either (i) by the issuance of a certificate of dissolution by the secretary of state, or (ii) by expiration of its period of duration, shall not take away or impair any remedy available to or against the subsidiary public corporation, its directors, or officers, for any right or claim existing, or any liability incurred, prior to the dissolution if any action or other proceeding {DEL thereon DEL} {ADD by or against the subsidiary public corporation ADD} is commenced within two (2) years after the date of the dissolution. Any action or proceeding by or against the subsidiary public corporation may be prosecuted or defended by the subsidiary public corporation in its corporate name. The directors and officers shall have power to take {DEL such DEL} {ADD any ADD} corporate or other action as shall be appropriate to protect the remedy, right, or claim.

42-64-8. Directors, officers and employees. -- (a) The powers of the corporation shall be vested in a board of directors consisting of thirteen (13) members. The governor shall serve as a member of the board and as chairperson, ex officio (who shall vote only in the event of a tie). The membership of the board shall consist of eight (8) public members to be appointed by the governor with the advice and consent of the senate, two (2) members from the house of representatives to be appointed by the speaker of the house of representatives, one of whom shall be from the minority party, one (1) member from the senate one who shall be appointed by the majority leader of the senate, and one (1) member of the minority party from the senate who shall be appointed by the majority leader of the senate. The public member next appointed after the effective date of this act [August 8, 1996], and each of his or her successors, shall serve as small business ombudsperson, and shall be an owner or principal of a small business doing business and located in this state, which is independently owned and operated and not dominant in this field, and which employs one hundred (100) or fewer persons at the time of his or her appointment. The small business ombudsperson shall advocate all action as Directors that may be necessary and proper to maintain and encourage the continued viability of small businesses in the state. The second public member next appointed after [August 8, 1996], and each of his or her successors, shall be a representative of organized labor. The remaining public member shall be appointed on an interim basis by the governor when a project plan of the corporation situated on federal land is disapproved by the governing body of a municipality in accordance with subsection (a)(iv) of section 42-64-13. The member shall be the mayor of the municipality within whose borders all or a majority of the project plan is to be carried out, or in a municipality which has no mayor, the member shall be the president of the town or city council. The appointed interim member shall have all the powers of other members of the board only in its deliberations and action on the disapproval of the project plan situated on federal land and within the borders of his or her municipality. Upon final action by the board pursuant to subsection (a)(v) of section 42-64-13, the interim member's term of appointment shall automatically terminate.

(i) The members of the board of directors of the Rhode Island port authority and economic development corporation in office on {DEL the effective date of section 42-64-1.1 DEL} {ADD July 1, 1995 ADD} shall continue as directors of the corporation for the remainder of their appointed terms, and thereafter until their successors are appointed to the board of directors and have qualified. Annually during the month of January, the governor shall appoint a member or members to succeed the member or members whose terms will then next expire to serve for a term of four (4) years commencing on the first day of February and then next following, and thereafter until the successors are appointed and qualified. The governor shall appoint the additional member authorized by this act to serve for a term expiring January 31, 1999. The legislative members of the board of directors shall serve as members thereof until the expiration of the balance of the legislative term which they are serving at the time of their appointment to the board of directors, and thereafter until their successors are appointed to the board of directors and have qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as an original appointment, but only for the remainder of the term of the former member.

(b) The directors shall receive no compensation for the performance of their duties {DEL hereunder DEL} {ADD under this chapter ADD}, but each director shall be reimbursed for his or her reasonable expenses incurred in carrying out those duties. A director may engage in private employment, or in a profession or business.

(c) The chairperson shall designate a vice chairperson who shall serve at the pleasure of the chairperson. Five (5) directors shall constitute a quorum, and, except as otherwise provided in section 42-64-13, any action to be taken by the corporation under the provisions of this chapter may be authorized by resolution approved by a majority of the directors present and entitled to vote at any regular or special meeting at which a quorum is present. A vacancy in the membership of the board of directors shall not impair the right of a quorum to exercise all the rights and perform all the duties of the corporation.

(d) The chief executive officer of the corporation shall be executive director of the corporation appointed by the governor with the advice and consent of the senate. The executive director of the corporation shall be entitled to receive for his or her services such reasonable compensation as the board of directors may determine.

(e) The board of directors shall appoint a secretary and such additional officers and staff members as they shall deem appropriate and shall determine the amount of reasonable compensation, if any, each shall receive. The board of directors may vest in the executive director or the director's subordinates the authority to appoint additional staff members and to determine the amount of compensation each individual shall receive.

(f) No full-time employee shall during the period of his or her employment by the corporation engage in any other private employment, profession or business, except with the approval of the board of directors.

(g) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a director, officer, or employee of any financial institution, investment banking firm, brokerage firm, commercial bank, trust company, building-loan association, architecture firm, insurance company, or any other firm, person, or corporation to serve as a director of the corporation nor shall any contract or transaction between the corporation and a financial institution, investment banking firm, brokerage firm, commercial bank, trust company, building-loan association, architecture firm, insurance company, or other firm, person, or corporation be void or voidable by reason of that service as director of the corporation. If any director, officer, or employee of the corporation shall be interested either directly or indirectly, or shall be a director, officer, or employee of or have an ownership interest (other than as the owner of less than one percent (1%) of the shares of a publicly-held corporation) in any firm or corporation interested directly or indirectly in any contract with the corporation, that interest shall be disclosed to the corporation and set forth in the minutes of the corporation, and the director, officer, or employee having that {ADD ownership ADD} interest {DEL therein DEL} shall not participate on behalf of the corporation in the authorization any such of contract. Interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors of the corporation which authorizes the contract or transaction.

(h) Any action taken by the corporation under the provision of this chapter may be authorized by vote at any regular or special meeting, and each vote shall take effect immediately. All meetings shall be open to the public and all records shall be a matter of public record except that if a majority of the board of directors decides that it would be in the best interests of the corporation and the state to hold an executive session in private, then the board of directors is authorized to transact {DEL such DEL} {ADD any ADD} business as it deems necessary at that executive session in private and the record {DEL thereof DEL} {ADD of the executive session ADD} shall not become a matter of public record until the transaction discussed has in the opinion of the board of directors been completed.

(i) The board of directors may designate from among its members an executive committee and one or more other committees each of which, to the extent authorized by the board of directors, shall have and may exercise all the authority of the board of directors, but no {DEL such DEL} {ADD executive ADD} committee shall have the authority of the board of directors in reference to the disposition of all or substantially all the property and assets of the corporation, amending the by-laws of the corporation, exercising the condemnation power conferred upon the corporation by section 42-64-9 or taking actions described or referred to in section 42-64-13(a).

(j) Any action required by this chapter to be taken at a meeting of the board of directors, or any action which may be taken at a meeting of the board of directors, or committee thereof, may be taken without a meeting if a consent in writing, setting forth the action to be taken, shall be signed before or after that action by all of the directors, or all of the members of the committee, as the case may be.

(k) Employees of the corporation shall not, by reason of their employment, be deemed to be employees of the state for any purpose, any other provision of the general laws to the contrary notwithstanding, including, without limiting the generality of the foregoing, chapters 29, 39, and 42 of title 28 and chapters 4, 8, 9, and 10 of title 36.

42-64-9.10. Rules and regulations -- Notice of rule review. -- The corporation may adopt rules and regulations, or any amendments to rules and regulations according to the provisions of chapter 35 of title 42. The corporation shall also give notice {DEL thereof DEL} {ADD of these rules and regulations or any amendments ADD}, prior to {DEL the DEL} {ADD their ADD} effective date {DEL thereof DEL}, by sending, by registered or certified mail, {DEL a copy DEL} {ADD copies ADD} {DEL thereof DEL} to each person interested {DEL therein DEL} {ADD in these rules, regulations or any amendments ADD} who shall have registered with the corporation his or her name and address, with a request to be so notified. Review of the rules and regulations may be had as provided in chapter 35 of title 42.

SECTION 32. Section 42-64.2-5 of the General Laws in Chapter 42-64.2 entitled "East Bay Commuter Transit Corporation" is hereby amended to read as follows:

42-64.2-5. Additional general powers. -- In addition to the powers {DEL hereinbefore DEL} enumerated {ADD in section 42-64.2-4 ADD}, except to the extent inconsistent with any specific provisions of this chapter, the corporation shall have the power to:

(a) Receive from the state title to certain real estate situated in Providence, Rhode Island, more specifically described as: all of the right, title and interest, to the railroad right of way known as the Bristol Secondary, identified as Line Code 4165 in the records of the United States railway association and situate in the city of Providence and city of East Providence, county of Providence and state of Rhode Island, as extends in a general eastwardly direction from the westerly side of Canal Street in the city of Providence and to the Harbor Line of the Seekonk River in the city of East Providence on the East; the railroad right of way is set out and designed by -- PS -- on the aforesaid case plan no. 66190, together with all the real property in the said cities lying in, under, above, along, and immediately contiguous to such lines as herein designated.

Being a part or portion of that same premises which Robert W. Blanchett, Richard C. Bond and John H. McArthur, as trustees of the property of Penn Central transportation company, debtor, by conveyance document no. PC-CRC-RP-223, dated March 30, 1976 and recorded in East Providence, Rhode Island on October 18, 1978 in book 372, page 244 etc., and conveyance document no. PC-CRC-RP-227, recorded in the city of Providence, Rhode Island on October 18, 1978 in book 1208, page 752 etc., granted and conveyed into consolidated rail corporation.

(b) To acquire property and railroad operating rights from the Providence and Worcester railroad including that property and those rights relating to the railroad lines known as:

(i) Washington secondary branch

(ii) Warwick industrial track

(iii) Wrentham industrial track

(iv) Pontiac secondary branch

(v) Moshassuck Valley industrial track

(vi) East providence secondary branch

(c) To transfer property rights and railroad operator's rights as it deems proper to achieve the purposes of this chapter to the state.

SECTION 33. Sections 42-72-3 and 42-72-4 of the General Laws in Chapter 42-72 entitled "Department of Children, Youth, and Families" are hereby amended to read as follows:

42-72-3. Definitions. -- For the purposes of this chapter:

(1) {DEL "Advisory council" means the advisory council on children and their families appointed pursuant to section 42-72-12. DEL}

{DEL (2) DEL} "Advocate" means the child advocate or any of his or her agents, servants or employees as established pursuant to this title.

{DEL (3) DEL} {ADD (2) ADD} "Child abuse and neglect" is that term as defined in chapter 11 of title 40.

{DEL (4) DEL} {ADD (3) ADD} "Child" or "children" means any person under the age of eighteen (18); provided that children over the age of eighteen (18) who are nevertheless subject to the continuing jurisdiction of the family court pursuant to chapter 1 of title 14 or defined as emotionally disturbed according to chapter 7 of title 40.1 shall be considered "children" for all the purposes of this chapter.

{DEL (5) DEL} {ADD (4) ADD} "Department" means the department of children, youth, and families.

{DEL (6) DEL} {ADD (5) ADD} "Director" means the director of children, youth, and families, or his or her designee.

{DEL (7) DEL} {ADD (6) ADD} "Regional service center" means the respective local or regional units established by the director.

42-72-4. Qualifications and duties of director. -- (A) The director shall meet the following minimum qualifications:

(1) Hold a master's degree in social work or a closely related field, and have demonstrated experience in child welfare and/or children's mental health, and/or juvenile justice; and

(2) Have at least five (5) years of increasing responsibility in administering programs for children.

(B) The director's duties include but are not limited to:

(1) Administration and direction of the operation of the department;

(2) Examination of programs, services, and plans for children for the purpose of identifying duplications, inefficiencies, effectiveness of programs, resources and unmet needs;

(3) Securing and analysis of departmental plans and budget requests affecting children's programs and services;

(4) Review of federal funds utilized and available to the state for children's programs and services;

(5) Collation of items in the governor's budget related to programs and services for children and issuance of impact statements;

(6) Formulation of recommendations to the governor {DEL , the advisory council, DEL} and other appropriate department heads on planning and expenditures for children's programs and services;

(7) Liaison with community child advocacy groups, including parents, to receive advice on resources, needs and priorities in the different localities;

(8) Provide effective public information on children's services in Rhode Island;

(9) Advise the legislature on the needs of children and their families;

(10) Establish a central registry for the purpose of reporting, collating, receiving, and administering reports involving children;

(11) Liaison with other state departments, agencies, local governments, and private providers of services to coordinate services and maximize resources in developing programs;

(12) Formulation of rules and regulations necessary to carry out the provisions of this chapter;

(13) Preparation of an annual report and state plan to be sent to the governor and the general assembly;

(14) Provision or arrangement for the provision of suitable treatment, rehabilitation, and care for each child under the director's supervision by pursuing the least restrictive placement and, wherever feasible, by effectuating community placements in Rhode Island;

(15) The director shall provide for a case management information system that includes data regarding, but not limited, to client entry, screening, client's needs assessment, development of a client service plan, services provision, evaluation, review and monitoring of client progress, and client exit from the system. In addition, the director shall establish a centralized case management unit to receive all service plans and using such additional expertise as may be required, will review, monitor, evaluate, endorse, and/or modify as may be appropriate, each client service plan;

(16) Administer in a coordinated and integrated manner all institutions and facilities which are or may come under the jurisdiction of the department; and

(17) Develop a comprehensive program for prevention of problems of children and provide a flexible, innovative, and effective program for the placement, care, and treatment of children committed by any court to the department, transferred to the department by other departments, or voluntarily admitted to the department.

SECTION 34. Section 43-4-18 of the General Laws in Chapter 43-4 entitled "Effect Of General Laws" is hereby amended to read as follows:

43-4-18. Enactment of supplemental reenactments by the law revision officer. -- (a) The office of law revision {ADD of the joint committee on legislative services ADD} is authorized to {ADD reenact annually specific titles of the general laws ADD} {DEL introduce legislative reenactments from time to time DEL} which shall be amendatory to the general laws of Rhode Island, 1956, as amended, for the purposes specified in section 22-11.3-4. {ADD Substantive changes contained in the reenactment of these titles shall be brought to the attention of the general assembly annually in a "Statutes and Statutory Construction" bill, prepared by the law revision office, for general assembly approval or disapproval. ADD}

(b) The sections of the general laws reenacted shall be construed as continuations of previous public laws enacted and all rights and remedies remain in effect as defined in this chapter.

(c) In case of any conflict between an act passed at an annual or special session of the general assembly, and an amendment adopted as a part of a {DEL legislative DEL} reenactment {ADD or the "Statutes and Statutory Construction" bill referred to in subsection (a) of this section ADD}, the former shall be controlling regardless of respective dates of passage or approval.

(d) The provisions in titles that have been amended and corrected as "reenactments" shall take effect and go into operation on and after December 31 of the calendar year of {ADD their reenactment ADD} {DEL enactment into law by the general assembly DEL}.

(e) The enactment of this section and the repeal of sections in chapter 4 of title 43 adopted prior to the date of enactment of this chapter of the public laws shall not act as a repeal of those chapters of the public laws which have been adopted to reenact the general laws.

(f) Any subsequent {DEL legislative DEL} reenactments shall be recorded in the history of this section.

(g) In any reenactment, the phrase "text" as used herein does not include (1) printer's reference lines appearing at the top or bottom of any galley proof; or (2) title or chapter heading (except the numbers of said titles and chapters); or (3) tables of contents appearing at the beginning of the titles and chapters; or (4) boldface captions appearing at the beginning of sections (except the numbers of said sections), except insofar as said title or chapter headings or boldface captions are necessary for clarification of any statutory text.

SECTION 35. Sections 1 and 2 of this act shall take effect on December 31, 1998. Sections 3 through 35 of this act shall take effect upon passage.