A N     A C T

RELATING TO PERSONS WITH DISABILITIES

Introduced By: Senators Cicilline J. and Roberts

Date Introduced : April 27, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Sections 4-13-4 and 4-13-16.1 of the General Laws in Chapter 4-13 entitled "Dogs" are hereby amended to read as follows:

4-13-4. Dog licenses -- Fees -- Penalties. -- (a) (1) Every owner or keeper of a dog shall annually in April obtain a license effective May 1 in the office of the city or town clerk of the city or town in which the owner or keeper resides.

(2) The fees for the license shall be five dollars ($5.00).

(3) No city or town shall issue any license under this section unless the dog has been inoculated against rabies for the period of time which the license would be valid.

(4) All licenses issued under the provisions of this chapter shall be valid in every city or town during the then current year.

(5) Any person who becomes the owner or keeper of a dog shall obtain a license within thirty (30) days after he or she becomes the owner or keeper.

(6) (i) The Cumberland town clerk may issue a license renewable every two (2) years for a licensing fee of six dollars ($6.00).

(ii) Glocester town council may provide for an annual licensing fee of fourteen dollars ($14.00) for all dogs except spayed or neutered females and males and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs.

(iii) Jamestown town council may provide by ordinance for an annual licensing fee not to exceed fifteen dollars ($15.00) for neutered dogs, and not to exceed twenty-five dollars ($25.00) for unneutered dogs.

(iv) Newport city council may, however, provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs except unspayed females and for an annual licensing fee of ten dollars ($10.00) for unspayed females.

(v) North Smithfield town council may provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs.

(vi) (A) South Kingstown town council may provide for an annual licensing fee of twelve dollars ($12.00) for all dogs except spayed or neutered females and male dogs and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs.

(B) The South Kingstown town council may assess an impound fee.

(vii) (A) Westerly town council may provide by ordinance for an annual license fee of ten dollars ($10.00) for unspayed female dogs and unneutered male dogs;

(B) May provide for a fee of one dollar ($1.00) for the replacement of lost dog tags;

(C) May provide that no fee be charged to license guide dogs used by {DEL sensory impaired and handicapped DEL} persons {ADD with disabilities ADD};

(D) May provide for the number of licensed dogs which may be kept at any single-family residence, other than a breeding kennel; and

(E) May provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for violations.

(viii) Woonsocket city council may provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs.

(b) Every person, owning or keeping a dog not licensed and/or collared according to the provisions of this chapter, shall be fined ten dollars ($10.00) to be applied to the support of the city or town, and that fine shall be in addition to all other lawful fees.

{ADD (c) Any city or town may waive the fee to be charged to license guide dogs used by persons with disabilities. ADD}

4-13-16.1. Injury to seeing-eye dogs or blind persons -- Damages. -- If any dog kills, wounds, or worries, or assists in killing, wounding, or worrying, any seeing-eye dog certified for use as a guide-dog for a {ADD person who is ADD} blind {DEL person, DEL} {ADD or visually impaired, ADD} belonging to or in the possession of any {ADD person who is ADD} blind {DEL person DEL} {ADD or visually impaired ADD} and under harness or engaged in the act of guiding its owner, or if any dog assaults, bites, or otherwise injures any {ADD person who is ADD} blind {DEL person DEL} {ADD or visually impaired ADD} while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the {ADD person who is ADD} blind {DEL person DEL} {ADD or visually impaired ADD} aggrieved for double all damages sustained, to be recovered in a civil action, with costs of suit. If afterwards this damage is done by that dog, the owner or keeper of the dog shall pay to the party aggrieved treble damages, to be recovered in the same manner, and an order shall be made by the court before whom the second recovery is made, for killing the dog. The order shall be executed by the officer charged with the execution of the order and it shall not be necessary, in order to sustain this action, to prove that the owner or keeper of this dog knew that the dog was accustomed to causing these damages.

SECTION 2. Section 5-44-23 of the General Laws in Chapter 5-44 entitled "Psychologists" is hereby amended to read as follows:

5-44-23. Persons and practices exempt. -- (a) No provisions of this chapter shall be construed to prevent members of other recognized professions that are licensed, certified, or regulated for independent practice of that profession under the laws of this state from rendering services consistent with their professional training and code of ethics, provided they do not represent themselves to be psychologists. Duly recognized members of the clergy shall not be restricted from functioning in their ministerial capacity, provided they do not represent themselves to be psychologists.

(b) Nothing in this chapter contained shall be construed to prohibit teachers, guidance personnel, social workers, and school psychologists in public or private school, from full performance of their duties nor to prohibit the use of psychological techniques by business or industrial organizations or companies for employment, placement, evaluation, promotion, or job adjustment of their own officers or employees.

(c) Nothing in this section shall be construed as permitting such persons identified in subsections (b) and (e) to offer their services to any other persons or organizations other than those listed in subsection (e) as consultants or to accept remuneration for any psychological services other than that of their institutional salaries or fees unless they have been licensed under this chapter or exempted under subsection (a). Those organizations listed in subsection (e) include all facilities, agencies, or institutions regulated and/or licensed by the department of health, the department of education, the department of children, youth and families and the department of mental health, retardation and hospitals. Nothing in this section shall be construed as prohibiting the use of consultants who are defined as qualified mental retardation professionals under the code of federal regulations (CFR) 42, section 483.430, by facilities licensed as intermediate care facilities for {DEL the DEL} {ADD people who are ADD} mentally retarded by the department of mental health, retardation and hospitals.

(d) Nothing in this chapter shall be construed as permitting the licensed psychologist to practice medicine as defined by the laws of this state.

(e) Nothing in this chapter shall be construed to limit the professional pursuits of any nonlicensed psychologists, psychology students, psychology trainees or persons rendering psychological services as an employee of a licensed hospital, accredited educational institution, authorized community mental health clinic or center, government or medical agency while functioning under the title conferred upon him or her by the administration of such hospital, educational institution or agency.

SECTION 3. Section 6-45-1 of the General Laws in Chapter 6-45 entitled "Consumer Enforcement of Assistive Technology Device Warranties" is hereby amended to read as follows:

6-45-1. Definitions. -- The following words and phrases which are used in this chapter shall, for the purposes of this chapter, have the following meanings:

(a) "Individual with disabilities" means any individual who is considered to have a mental or physical disability {DEL , DEL} {ADD or ADD} impairment {DEL or handicap DEL} for the purposes of any other law of this state or of the United States, including any rules or regulations thereunder.

(b) "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities. An assistive technology device system, that as a whole is within the definition of this term, is itself an assistive technology device, and in such case this term also applies to each component product of the assistive technology device system that is itself ordinarily an assistive technology device. This term includes, but is not limited to:

(1) Wheelchairs and scooters of any kind, and other aids that enhance the mobility or positioning of an individual, such as motorization, motorized positioning features, and the switches and controls for any motorized features;

(2) Hearing aids, telephone communication devices for {DEL the DEL} {ADD persons who are ADD} deaf {DEL , DEL} {ADD or hard of hearing, ADD} and other assistive listening devices;

(3) Computer equipment and reading devices with voice output, optical scanners, talking software, braille printers, and other aids and devices that provide access to text;

(4) Computer equipment with voice output, artificial larynges, voice amplification devices, and other alternative and augmentative communication devices;

(5) Voice recognition computer equipment, software and hardware accommodations, switches, and other forms of alternative access to computers;

(6) Environmental control units; and,

(7) Simple mechanical aids that enhance the functional capabilities of an individual with disabilities.

(c) "Demonstrator" means an assistive technology device that would be new but for its use, since its manufacture, only for the purpose of demonstrating the device to the public or prospective buyers or lessees.

(d) "User" of an assistive technology device means the individual with a disability who, by reason thereof, needs and actually uses that device.

(e) "Consumer" of an assistive technology device means the person who is a party, whether the buyer or the lessee, to the contract of sale or lease, respectively, of that device. Such party may be, but is not necessarily, the user.

(f) "Manufacturer" means:

(1) The person who manufactures or assembles an assistive technology device,

(2) The person who manufactures or assembles a product that becomes a component product of an assistive technology device system, to the extent such product is itself ordinarily an assistive technology device, and,

(3) Agents of a person described in subsection (f)(1) or (f)(2) of this section, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's devices, provided that such agents shall not include, with respect to a particular transaction, the dealer, unless the dealer is also a person described in subsection (f)(1) or (f)(2) of this section.

(g) "Dealer" means the person who is the party, whether the seller or the lessor, to the contract with the consumer of sale or lease, respectively, of the device.

(h) "Assistive technology device dealer" means a dealer who is in the business of selling or leasing assistive technology devices. A dealer shall be an assistive technology device dealer with respect to a particular sale or lease of a product that constitutes an assistive technology device as to that sale or lease, if he or she is in the business generally of selling or leasing that product or kind of product, without regard to whether that product constitutes an assistive technology device for other buyers.

(i) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining another device or service to substitute for the absence, due to a nonconformity or attempt to repair, of the device sold or leased to the consumer, if no loaner was offered to the consumer, except to the extent the person opposing liability for such costs shall prove that incurring such expenses was not reasonable in light of the sophistication of and the means readily available to the consumer.

(j) "Early termination cost" means any expense or obligation that a lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of the device to the manufacturer. Early termination cost includes a penalty for prepayment under a finance arrangement.

(k) "Early termination savings" means any expense or obligation that a lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of the device to the manufacturer, which shall include an interest charge that the lessor would have paid to finance the device or, if the lessor does not finance the device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

(l) "Nonconformity" of an assistive technology device means any failure of the device to conform to any applicable express or implied warranties, that substantially impairs the use, value, or safety of the device. The implied warranties described in the preceding sentence include, but are not limited to, the implied warranty of merchantability described in section 6A-2-314 or 6A-2.1-212, and the implied warranty of fitness for a particular purpose described in section 6A-2-315 or 6A-21-213 and subject to the provisions of section 6-45-2.

(m) "Conforming replacement" means a new device in good working order, that is identical to or has functional capabilities equal to or greater than those of the original device.

(n) "Loaner" means a device, provided to the consumer for use by the user free of charge, that need not be new or be identical to or have functional capabilities equal to or greater than those of the original device, but that meets the following conditions:

(1) It is in good working order,

(2) It performs at a minimum the most essential functions of the original device, in light of the disabilities of the user, and,

(3) Any differences between it and the original device do not create a threat to safety.

(o) "Term A" means the year following the date the device is first delivered into the possession of the consumer.

(p) "Term B" means the two (2) years following the date the device is first delivered into the possession of the consumer.

(q) "Assistive technology device system" means the final product resulting from a manufacturer customizing, adapting, reconfiguring, refitting, refurbishing or composing into a system one (1) or more component products, whether or not new, that may be assistive technology devices or standard products of the same or other manufacturer.

SECTION 4. Section 7-12-43 of the General Laws in Chapter 7-12 entitled "Partnerships" is hereby amended to read as follows:

7-12-43. Dissolution by decree of court. -- (1) On application by or for a partner, the court shall decree a dissolution whenever:

(a) A partner has been declared {DEL a lunatic DEL} {ADD mentally incompetent ADD} in any judicial proceeding or is shown to be of unsound mind;

(b) A partner becomes in any other way incapable of performing his or her part of the partnership contract;

(c) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business;

(d) A partner willfully or persistently commits a breach of the partnership agreement, or otherwise so conducts him or herself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him or her;

(e) The business of the partnership can only be carried on at a loss;

(f) Other circumstances render a dissolution equitable.

(2) On the application of the purchaser of a partner's interest under sections 7-12-38 and 7-12-39, the court shall decree a dissolution:

(a) After the termination of the specified term or particular undertaking;

(b) At any time if the partnership was a partnership at will when the interest was assigned or when the charging order was issued.

SECTION 5. Section 8-5-8 of the General Laws in Chapter 8-5 entitled "Court Secretaries, Court Reporters, and Electronic Court Reporters" is hereby amended to read as follows:

8-5-8. Interpreters for deaf and hearing impaired persons. -- (a) In all civil and criminal cases, in workers' compensation, district, family, and superior court, where a party or a witness is a {ADD person who is ADD} deaf or {DEL a hearing impaired person DEL} {ADD hard of hearing ADD}, he or she shall have the proceedings of the trial interpreted to him or her in a language that he or she can understand by a qualified interpreter appointed by the court. In any case where an interpreter is required to be appointed by the court under this section, the court shall not commence proceedings until the appointed interpreter is in court in a position not exceeding ten feet (10') from and in full view of the {ADD person who is ADD} deaf or {DEL hearing impaired person DEL} {ADD hard of hearing ADD}. The interpreter appointed under the terms of the section shall be required to take an oath that he or she will make a true interpretation to the {ADD person who is ADD} deaf or {DEL hearing impaired person DEL} {ADD hard of hearing ADD} of all the proceedings of the case in a language that he or she understands; and will repeat the {ADD answer of the person who is ADD} deaf or {DEL hearing impaired person's answer DEL} {ADD hard of hearing ADD} to questions to counsel, court, or jury in the English language, in his or her best skill and judgment.

(b) For the purposes of this section, {DEL "hearing impaired person" DEL} {ADD "person who is hard of hearing" ADD} means a person who as a result of a hearing impairment, requires sign language and/or speech reading as part of his or her communication system. A "qualified interpreter" means an interpreter for the {DEL hearing impaired DEL} person {ADD who is hard of hearing ADD} skilled in sign language or oral interpretation and transliteration, having the ability to communicate accurately with a {DEL deaf or hearing impaired DEL} person {ADD who is deaf or hard of hearing ADD}. An interpreter shall be deemed qualified as determined by the commission on the deaf and hearing impaired, based upon recommendations from the commission and the deaf and {DEL hearing impaired DEL} {ADD hard of hearing ADD} interpreter screening committee, the Rhode Island association of the deaf, the national registry of interpreters for the deaf, and other appropriate agencies. The commission on the deaf and {DEL hearing impaired office DEL} {ADD hard of hearing ADD} shall coordinate all requests for qualified interpreters and shall maintain a list of all such interpreters from which it shall fill such requests. No interpreter is precluded from being further examined by the court system.

(c) Interpreters appointed under the terms of the section shall be paid by the state a reasonable compensation fixed by the court.

SECTION 6. Section 8-10-3 of the General Laws in Chapter 8-10 entitled "Family Court" is hereby amended to read as follows:

8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. -- (a) There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth (18th) birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth (19th) birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; modification of any order or decree granting child support of any court of competent jurisdiction of another state provided: (1) the order has been registered in Rhode Island for the purposes of modification pursuant to section 15-23.1-611, or (2) Rhode Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of the contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected, or {DEL mentally defective or mentally disordered children, or DEL} children {ADD with disabilities ADD} who by reason of any {DEL handicap, physical, mental, or otherwise, suffer from a learning DEL} disability {DEL which DEL} requires special education or treatment and other related services; to hear and determine all petitions for guardianship of any child who has been placed in the care, custody, and control of the department for children, youth, and families pursuant to the provisions of chapter 1 of title 14 and chapter 11 of title 40; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of section 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness, or neglect of children under sixteen (16) years of age; desertion, abandonment, or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings; and appeals of administrative decisions concerning setoff of income tax refunds for past due child support in accordance with sections 44-30.1-5 and 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

(b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

(c) The judges and clerk of the family court shall have power to administer oaths and affirmations.

(d) The chief judge of the family court is hereby empowered to appoint experienced members of the Rhode Island bar as masters for the purpose of assisting the family court in matters pertaining to delinquent support payments and the taking of testimony in conducting all hearings relative to responsible persons who are not living up to their support obligations. The chief judge of the family court is also authorized to appoint masters in related matters pertaining to the collection of delinquent support payments from these responsible persons.

(e) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set offs, insurance intercept, and lien enforcement provisions for past due child support, in accordance with sections 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.

(f) The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child placing agencies.

(g) The family court shall have exclusive jurisdiction of matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15.

[See section 12-1-15 of the General Laws.]

SECTION 7. Section 9-1-48 of the General Laws in Chapter 9-1 entitled "Causes of Action" is hereby amended to read as follows:

9-1-48. Immunity from civil liability -- Sports teams. -- (a) Notwithstanding any provisions of law to the contrary, except as otherwise provided in subsection (c) of this section, no person who, without compensation and as a volunteer, renders services as a manager, coach, instructor, umpire, referee, or official or who, without compensation and as a volunteer, assists a manager, coach, instructor, umpire, referee, or official in a youth sports program organized and conducted by or under the auspices of a nonprofit corporation, and no director, trustee, officer, or employee of a nonprofit corporation which organizes, conducts, or sponsors a youth sports program, shall be liable to any person for any civil damages as a result of any acts or omissions in the rendering of such services or assistance or in the organization, conduct, or sponsorship of the youth sports program unless the acts or omissions of the person were committed in willful, wanton, or reckless disregard for the safety of the participants in the youth sports program. It shall be insufficient to impose liability upon any such person to establish only that the conduct of the person fell below ordinary standards of care.

(b) Notwithstanding any provisions of law to the contrary, except as otherwise provided in subsection (c) of this section, no person who renders services as a manager, coach, instructor, umpire, referee, or official or who assists a manager, coach, instructor, umpire, referee, or official in an interscholastic or intramural sports program organized and conducted in accordance with and subject to the rules, regulations, and jurisdiction of the Rhode Island interscholastic league, the committee on junior high school athletics, and/or the board of regents for elementary and secondary education shall be liable to any person for any civil damages as a result of any acts or omissions in the rendering of such services or assistance unless the acts or omissions of the person were committed in willful, wanton, or reckless disregard for the safety of the participants in the interscholastic or intramural sports program.

(c) Nothing in this section shall be deemed to grant immunity to any person, corporation, or other entity who or which causes injury or damage as the result of the negligent operation of a motor vehicle.

(d) For purposes of this section:

(1) "Youth sports program" shall include any program organized for recreational athletic competition, and/or instruction and whose participants are nineteen (19) years of age or younger or physically or mentally {DEL handicapped DEL} {ADD disabled ADD} regardless of age.

(2) "Compensation" shall not include reimbursement for reasonable expenses actually incurred or to be incurred or, solely in the case of umpires, referees, or other game officials, a modest honorarium.

(3) "Nonprofit corporation" shall include any nonprofit corporation or nonprofit association organized under the law of this state, or of any other state, or of the United States, which is authorized to do business in this state.

SECTION 8. Sections 9-9-1.1, 9-9-1.2, and 9-9-2 of the General Laws in Chapter 9-9 entitled "Jury Lists" are hereby amended to read as follows:

9-9-1.1. Qualifications of jurors. -- (a) A person is qualified to serve as a juror if the person is:

(1) A citizen of the United States; and

(2) A resident of Rhode Island who either:

(i) Resides in the county where the person is registered to vote; or

(ii) Is licensed to operate a motor vehicle within this state; or

(iii) Possesses a Rhode Island identification card issued pursuant to the provisions of sections 3-8-6 and 3-8-6.1;

(3) At least 18 years of age;

(4) Able to understand and participate in the court proceedings; and

(5) Physically and mentally capable of performing in a reasonable manner the duties of a juror.

(b) No person shall be allowed to serve as a juror if he or she has been lawfully adjudicated to be non compos mentis.

(c) No person convicted of a felony shall be allowed to serve as a juror, until completion of such felon's sentence, served or suspended, and of parole or probation regardless of a nolo contendere plea.

(d) Notwithstanding subdivisions (a)(4) and (5), a {DEL handicapped DEL} person {ADD with a disability ADD} shall not be ineligible to serve as a juror solely on the basis of his or her {DEL handicap DEL} {ADD disability ADD}, and if that person meets the above requirements, with reasonable accommodations if necessary, he or she shall be deemed a qualified juror.

(e) Nothing in this section shall prevent the court from disqualifying a prospective juror because he or she lacks a faculty or has a {DEL handicap DEL} {ADD disability ADD} which will prevent the potential juror from being a competent juror in a particular case.

(f) Nothing in this section shall be construed to limit a party's right to preemptorially challenge jurors.

9-9-1.2. Interpreters or readers for jury service. -- (a) In any proceeding, civil or criminal, the courts shall provide and pay the reasonable costs of services of a qualified interpreter for {DEL the hearing impaired DEL} {ADD persons who are deaf or hard of hearing ADD} and a reader for {DEL the DEL} {ADD persons who are ADD} visually impaired when necessary to enable persons with these {DEL handicaps DEL} {ADD disabilities ADD} to serve as jurors, when such persons are qualified jurors within the meaning of section 9-9-1.1.

(b) "Qualified interpreter" for this section means an interpreter for the {ADD person who is deaf or hard of ADD} hearing {DEL impaired person DEL} skilled in sign language or oral interpretation and transliteration, having the ability to communicate accurately with a {ADD person who is ADD} deaf or {ADD hard of ADD} hearing {DEL impaired person DEL}. An interpreter shall be deemed qualified as determined by the commission on the deaf and {ADD hard of ADD} hearing {DEL impaired, DEL} based upon recommendations from the commission and the deaf and {DEL hearing impaired DEL} {ADD hard of hearing ADD} interpreter screening committee, the Rhode Island association of the deaf, the national registry of interpreters for the deaf, and other appropriate agencies. The commission on the deaf and {ADD hard of ADD} hearing {DEL impaired office DEL} shall coordinate all requests for qualified interpreters and shall maintain a list of all such interpreters from which it shall fill the requests.

(c) {DEL "Hearing impaired person" DEL} {ADD "Person who is hard of hearing" ADD} for this section means a person who, because of a hearing impairment or deafness, requires sign language and/or speech reading as a part of his or her communication system.

9-9-2. {DEL Exclusion for race, color, or previous servitude, handicap, or gender prohibited. -- DEL} {ADD Exclusion for race, color, or previous servitude, disability, or gender prohibited. -- ADD} No citizen, possessing all other qualifications which are or shall be prescribed by law, shall be disqualified for service as a grand or petit juror in any court of this state on account of race, color, or previous condition of servitude, {DEL handicap, DEL} {ADD disability, ADD} or gender; and any officer or other person, charged with any duty in the selection or summoning of jurors, who shall willfully exclude or fail to select or summon any citizen for any of the causes provided shall, on conviction thereof, be fined not exceeding one thousand dollars ($1,000).

SECTION 9. Section 9-30-4 of the General Laws in Chapter 9-30 entitled "Uniform Declaratory Judgments Act" is hereby amended to read as follows:

9-30-4. Fiduciaries and other persons entitled to declaration of rights. -- Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, {DEL lunatic, DEL} {ADD person who is mentally incompetent ADD} or insolvent, may have a declaration of rights or legal relations in respect thereto:

(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;

(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

SECTION 10. Section 11-5-11 of the General Laws in Chapter 11-5 entitled "Assaults" is hereby amended to read as follows:

11-5-11. {DEL Assault on mentally retarded or severely impaired persons. -- DEL} {ADD Assault on persons who are mentally retarded or severely impaired. -- ADD} (a) For the purposes of this section, {DEL "mentally retarded person" DEL} {ADD "person who is mentally retarded" ADD} shall be defined as a child or adult who has a mental disability which is attributable to:

(1) Mental retardation or autism; or

(2) Any other condition of a person found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of {ADD persons who are ADD} mentally retarded {DEL persons DEL} or requires treatment and services similar to those required for such persons, and which constitutes a substantial {DEL handicap DEL} {ADD limitation ADD} to such person's ability to function normally in society.

(b) For the purposes of this section, " {ADD person who is ADD} severely impaired {DEL person DEL}" means a child or adult who has a disability which is attributable to a mental or physical impairment or combination of mental and physical impairments {DEL and results in substantial functional limitations DEL} {ADD which results in a substantial limitation on the person's ability to function independently in the family or community and ADD} in one or more major life activities. The phrase "severely impaired" includes a person who is mentally retarded as defined herein.

(c) Any person who shall commit an assault and battery upon a {ADD person who is ADD} severely impaired {DEL person DEL} as defined in subsection (a) of this section, causing bodily injury, shall be deemed to have committed a felony and shall be imprisoned not exceeding five (5) years or fined not exceeding two thousand dollars ($2,000), or both.

SECTION 11. Section 11-8-2.4 of the General Laws in Chapter 11-8 entitled "Burglary and Breaking and Entering" is hereby amended to read as follows:

11-8-2.4. {DEL Breaking and entering of dwelling house of a person who is physically handicapped. -- DEL} {ADD Breaking and entering of dwelling house of a person who is severely impaired. -- ADD} (a) Every person who shall break and enter any dwelling house or apartment, without the consent of the owner or tenant thereof, at a time when a resident of the dwelling house or apartment who {DEL is physically handicapped DEL} {ADD {DEL has a severe impairment DEL} ADD} is on the premises, shall be imprisoned for not less than two (2) years and not more than twenty (20) years and may in addition be fined not more than five thousand dollars ($5,000) for a first conviction and not more than ten thousand dollars ($10,000) for second and subsequent convictions.

(b) Every person so convicted shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community service work, or both, or any combination thereof imposed by the sentencing judge. The court may not waive the obligation to make restitution and/or public community service work. Restitution and/or public community service shall be in addition to any fine or sentence which may be imposed and not in lieu thereof; provided, however, that nothing contained herein shall be construed to require the payment of restitution while the person convicted is imprisoned. {DEL For the purposes of this section, "physically handicapped" means a serious physical impairment which materially affects a person's mobility or vision. DEL}

{ADD {DEL (c) For the purpose of this section, "a person who has a severe impairment" means a child or adult who has a disability which is attributable to a mental or physical impairment or combination of mental or physical impairments and results in substantial functional limitations in one or more major life activities. DEL} ADD}

SECTION 12. Section 11-9-1 of the General Laws in Chapter 11-9 entitled "Children" is hereby amended to read as follows:

11-9-1. Exploitation for commercial or immoral purposes. -- (a) Every person having the custody or control of any child under the age of sixteen (16) years, who shall exhibit, use, or employ, or shall in any manner or under pretense sell, give away, let out or otherwise dispose of any child under the age of sixteen (16) years to any person for or in the vocation, occupation, service, or purpose of rope or wire walking, or as a gymnast, wrestler, contortionist, equestrian performer, acrobat, or rider upon any bicycle or mechanical contrivance, or in any dancing, theatrical, or musical exhibition unless it be in connection with churches, school or private instruction in dancing or music, or unless it be under the auspices of a Rhode Island society incorporated, or organized without incorporation for a purpose authorized by section 7-6-4; or for or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets, or in begging, or in any mendicant or wandering occupation, or in peddling in places injurious to the morals of the child; or for or in the exhibition of any {DEL deformed, idiotic, insane or unnatural development of the DEL} child {ADD with a disability ADD}, or in any illegal, obscene, indecent, or immoral purpose, exhibition, or vocation, injurious to the health or morals or dangerous to the life or limb of the child, or who shall cause, procure or encourage any child under the age of sixteen (16) years to engage therein, or who, after being notified by an officer mentioned in section 11-9-3 to restrain the child from engaging therein, shall neglect or refuse to do so, shall be held guilty of a misdemeanor and shall, for every such offense, be imprisoned not exceeding one year or be fined not exceeding two hundred fifty dollars ($250), or both, and shall forfeit any right which he may have to the custody of the child; provided, however, that the provisions of this section shall not apply to any child, not a resident of this state, who is engaged in any dancing, theatrical, or musical performance in this state and is accompanied by a parent, guardian, or tutor, when a permit for the appearance of said child is granted by the mayor of the city or the president of the town council of the town, where such performance is to be given; provided, further, that the provisions of this section shall not apply to any child, a resident of this state, who is engaged in any dancing, theatrical, or musical performance in this state on a day when the public schools are not in session in the town or city where the dancing, theatrical or musical performance shall be given (not however on Sunday) if such child is accompanied by a parent, guardian or tutor, when a permit for the appearance of such child is granted by the mayor of the city or the president of the town council of the town where such performance is to be given.

(b) Any person who shall in any manner or under any pretense sell, distribute, let out or otherwise permit any child under eighteen (18) years of age to be used in any book, magazine, pamphlet, or other publication, or in any motion picture film, photograph or pictorial representation, in a setting which taken as a whole suggests to the average person that such child has engaged in, or is about to engage in any sexual act, which shall include but not be limited to sodomy, oral copulation, sexual intercourse, masturbation, or bestiality, shall, upon conviction thereof for the first offense be punished by imprisonment for not more than ten (10) years, or a fine of not more than ten thousand dollars ($10,000), or both; upon conviction of a subsequent offense, be punished by imprisonment for not more than fifteen (15) years, a fine of not more than fifteen thousand dollars ($15,000), or both.

(c) Every person who shall exhibit, use, employ or shall in any manner or under pretense so exhibit, use, or employ any child under the age of eighteen (18) years to any person for the purpose of prostitution or for any other lewd or indecent act shall be imprisoned not exceeding twenty (20) years or be fined not exceeding twenty thousand dollars ($20,000), or both.

SECTION 13. Section 11-37-1 of the General Laws in Chapter 11-37 entitled "Sexual Assault" is hereby amended to read as follows:

11-37-1. Definitions. -- The following words and phrases, when used in this chapter, shall mean:

(1) "Accused" -- a person accused of a sexual assault.

(2) "Force or coercion" -- shall mean when the accused does any of the following:

(A) Uses or threatens to use a weapon, or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.

(B) Overcomes the victim through the application of physical force or physical violence.

(C) Coerces the victim to submit by threatening to use force or violence on the victim and the victim reasonably believes that the accused has the present ability to execute these threats.

(D) Coerces the victim to submit by threatening to at some time in the future murder, inflict serious bodily injury upon or kidnap the victim or any other person and the victim reasonably believes that the accused has the ability to execute this threat.

(3) "Intimate parts" -- the genital or anal areas, groin, inner thigh, or buttock of any person or the breast of a female.

(4) "Mentally disabled" -- a person who {DEL suffers from DEL} {ADD has ADD} a mental impairment which renders that person incapable of appraising the nature of the act.

(5) "Mentally incapacitated" -- a person who is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or who is mentally unable to communicate unwillingness to engage in the act.

(6) "Physically helpless" -- a person who is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act.

(7) "Sexual contact" -- the intentional touching of the victim's or accused's intimate parts, clothed or unclothed, if that intentional touching can be reasonably construed as intended by the accused to be for the purpose of sexual arousal, gratification, or assault.

(8) "Sexual penetration" -- sexual intercourse, cunnilingus, fellatio, and anal intercourse, or any other intrusion, however slight, by any part of a person's body or by any object into the genital or anal openings of another person's body, or the victim's own body upon the accused's instruction, but emission of semen is not required.

(9) "Spouse" -- a person married to the accused at the time of the alleged sexual assault, except that such persons shall not be considered the spouse if the couple are living apart and a decision for divorce has been granted, whether or not a final decree has been entered.

(10) "Victim" -- the person alleging to have been subjected to sexual assault.

SECTION 14. Section 11-37.1-2 of the General Laws in Chapter 11-37.1 entitled "Sexual Offender Registration and Community Notification" is hereby amended to read as follows:

11-37.1-2. Definitions. -- (A) The terms "board", "board of review" or "board of review of sexually violent predatory behavior", shall mean the board of review of sexually violent predatory behavior appointed by governor pursuant to section 11-37.1-6.

(B) The terms, "council" or "community notification council", shall mean the community notification council appointed pursuant to section 11-37.1-12.

(C) The term "criminal offense against a victim who is a minor", shall mean and include any of the following offenses or any offense in another jurisdiction which is substantially the equivalent of the following and for which the person is or would be required to register under 42 U.S.C. 14071:

(1) Kidnapping or false imprisonment of a minor, in violation of section 11-26-1.4; or section 11-26-1 or 11-26-2, where the victim of such offense is sixteen years of age or older and under the age of eighteen years; or,

(2) Any violation of section 11-37-6, 11-37-8, 11-37-8.1 or 11-37-8.3; or a violation of section 11-10-1, where the victim of such offense is under the age of eighteen years; or

(3) Any violation of section 11-1-10, where the underlying offense is a violation of chapter 34 of this title and the victim or person solicited to commit the offense is under the age of eighteen years; or,

(4) Any violation of section 11-9-1(b) or (c).

(D) The term "sexually violent offense", shall mean and include any violation of section 11-10-1, 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3 or any offense in another jurisdiction which is substantially the equivalent of any offense listed in this subsection and for which the person is or would be required to register under 42 U.S.C. 14071.

(E) The term "sexually violent predator", shall mean a person who has been convicted of a sexually violent offense and who {DEL suffers from DEL} {ADD has ADD} a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.

(F) The term "conviction" or "convicted", shall mean and include any instance where:

(1) A judgment of conviction has been entered against any person for any offense specified in subsection (C) or (D) of this section, regardless of whether an appeal is pending; or,

(2) There has been a finding of guilty for any offense specified in subsection (C) or (D) of this section, regardless of whether an appeal is pending; or

(3) There has been a plea of guilty or nolo contendere for any offense specified in subsection (C) or (D) of this section, regardless of whether an appeal is pending; or,

(4) There has been an admission of sufficient facts or a finding of delinquency for any offense specified in subsection (C) or (D) of this section, regardless of whether or not an appeal is pending.

Provided, however, in the event that a conviction, as defined in this subsection, has been overturned, reversed, or otherwise vacated, the person who was the subject of such conviction shall no longer be required to register as required by this chapter and any records of such registration shall be destroyed. Provided, further that nothing herein shall be construed to eliminate a registration requirement of a person who is again convicted of an offense for which registration is required by this chapter.

(G) The term "designated state law enforcement agency", shall mean the attorney general or his or her designee.

(H) The term "mental abnormality" shall mean a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

(I) The term "predator", shall mean a person whose act(s) is (are) or was (were) directed at a stranger, or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.

SECTION 15. Section 11-39-1 of the General Laws in Chapter 11-39 entitled "Robbery" is hereby amended to read as follows:

11-39-1. Penalty for robbery. -- (a) Every person who shall commit robbery by use of a dangerous weapon or robbery where a victim is injured or robbery where the victim is a {DEL handicapped DEL} person {ADD who is severely impaired ADD} or an elderly person shall be guilty of first degree robbery and shall be imprisoned for not less than ten (10) years and may be imprisoned for life or fined not more than fifteen thousand dollars ($15,000), or both.

(b) Every person who shall commit robbery or other larceny from the person by force or threat, where there is no weapon and no injury and the victim is neither a {DEL handicapped DEL} {ADD severely impaired ADD} person or an elderly person, shall be guilty of second degree robbery and shall be imprisoned for not less than five (5) years nor more than thirty (30) years, or fined not more than ten thousand dollars ($10,000), or both.

(c) For the purposes of this section, (1) {DEL "handicapped person" DEL} {ADD "person who is severely impaired" has the same definition as provided in section 11-5-11ADD} {DEL means a child or adult who has a disability which is attributable to a mental or DEL} {DEL physical impairment or combination of mental and physical impairments and results in substantial functional limitations in one or more major life activities DEL}, and (2) "elderly person" means a person sixty (60) years of age or older.

SECTION 16. Section 11-61-2 of the General Laws in Chapter 11-61 entitled "The Rhode Island Street Terrorism Enforcement and Prevention Act" is hereby amended to read as follows:

11-61-2. Legislative findings. [Repealed effective June 30, 2000.]. -- The legislature hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or {DEL handicap, DEL} {ADD disability, ADD} to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The legislature hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.

The legislature, however, further finds that the state of Rhode Island is near a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. The legislature finds that street gangs are in operation in Rhode Island and that the number of gang related murders is increasing.

It is the intent of the legislature in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs, which together, are the chief source of terror created by street gangs. The legislature further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs.

SECTION 17. Section 13-11-2 of the General Laws in Chapter 13-11 entitled "Interstate Corrections" is hereby amended to read as follows:

13-11-2. New England interstate corrections compact. -- The New England interstate corrections compact is hereby enacted into law and entered into by this state with any other of the hereinafter-mentioned states legally joining therein in the form substantially as follows:

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

As used in this compact, unless the context clearly requires otherwise: (a) "State" means a state of the United States, located in New England, to wit, Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island. (b) "Sending state" means a state party to this compact in which conviction or court commitment was had. (c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had. (d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution. (e) "Institution" means any penal or correctional facility (including but not limited to a facility for {DEL the DEL} {ADD persons who are ADD} mentally ill or {DEL mentally defective) DEL} {ADD developmentally disabled) ADD} in which inmates as defined in (d) above may lawfully be confined.

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: 1. Its duration. 2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance. 3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom. 4. Delivery and retaking of inmates. 5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. (b) Subject to legislative approval by the states concerned and prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract. (c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of article III. (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. (b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states from among the states of New England. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

SECTION 18. Section 14-1-5 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" is hereby amended to read as follows:

14-1-5. Exclusive jurisdiction. -- The court shall, as hereinafter set forth, have exclusive original jurisdiction in proceedings:

(1) Concerning any child residing or being within the state who is:

(i) Delinquent;

(ii) Wayward;

(iii) Dependent;

(iv) Neglected; or

(v) Mentally {DEL defective or disordered DEL} {ADD disabled ADD}, except that any person aged seventeen (17) years of age or older who is charged with a delinquent offense involving murder, first degree sexual assault, or assault with intent to commit murder shall not be subject to the jurisdiction of the family court if after a hearing the family court determines that probable cause exists to believe that the offense charged has been committed and that the person charged has committed said offense. The family court shall conduct such a hearing within ten (10) days of the arraignment on said charge(s), unless the time for said hearing is extended by the court for good cause shown;

(2) Concerning adoption of children;

(3) To determine the paternity of any child alleged to have been born out of wedlock and to provide for the support and disposition of that child in case that child or its mother has residence within the state,

(4) Relating to child marriages, as prescribed by section 15-2-11; and

(5) Referred to the court in accordance with the provisions of section 14-1-28.

SECTION 19. Section 15-1-5 of the General Laws in Chapter 15-1 entitled "Persons Eligible to Marry" is hereby amended to read as follows:

15-1-5. {DEL Bigamous marriages void -- Marriage of lunatics and idiots. -- DEL} {ADD Bigamous marriages void -- Marriage of persons who are mentally incompetent. -- ADD}Any marriage when either of the parties thereto, at the time of the marriage, has a former wife or husband living who has not been, by final decree, divorced from such party, and any marriage where either of the parties thereto is {DEL an idiot or a lunatic DEL} {ADD mentally incompetent ADD} at the time of the marriage, shall be absolutely void, and no life estate created by chapter 25 of title 33 shall be assigned to any widow in consequence of the marriage {DEL , and the issue of the marriage shall be deemed illegitimate and subject to all the disabilities of illegitimate issue DEL}.

SECTION 20. Section 15-7-25 of the General Laws in Chapter 15-7 entitled "Adoption of Children" is hereby amended to read as follows:

15-7-25. Reimbursement to adoptive parents. -- The state shall make funds available through the department of children, youth, and families for special reimbursement to adoptive parents in matters of placement of {DEL handicapped DEL} {ADD children with disabilities ADD} or hard to place children. These funds will be disbursed in accordance with the guidelines to be promulgated by the department of children, youth, and families.

SECTION 21. The title of Chapter 16-24 of the General Laws entitled "Handicapped Children" is hereby amended to read as follows:

SECTION 22. Section 16-3-3 of the General Laws in Chapter 16-3 entitled "Establishment of Regional School Districts" is hereby amended to read as follows:

16-3-3. Regional school educational services. -- Regional school districts formed under the provisions of this chapter to operate any one of the types of schools listed in section 16-3-2 may establish any one or more of the following types of services for all the pupils of the regional school district if so specified in the agreement:

(1) To provide education for {DEL the handicapped DEL} {ADD individuals with disabilities ADD};

(2) To provide transportation for all schools in the regional district;

(3) To provide school health services;

(4) To provide guidance services;

(5) To provide either general supervisory services for all the schools of the area or supervisory services in some special field such as vocational education; and

(6) To provide other educational services as the people of the regional district may determine, subject to approval by the commissioner of elementary and secondary education.

SECTION 23. Section 16-3.1-9 of the General Laws in Chapter 16-3.1 entitled "Cooperative Service Among School Districts" is hereby amended to read as follows:

16-3.1-9. Regional collaborative -- Southern Rhode Island. -- Notwithstanding the provisions of any general or special law to the contrary, the school committees of the towns and school districts of Westerly, New Shoreham, Chariho regional school district, Narragansett, Jamestown, South Kingstown, North Kingstown, East Greenwich, and the Exeter-West Greenwich regional school district are hereby authorized and empowered to continue and/or initiate cooperative efforts to provide services included but not limited to special education programs and diagnostic services required by law or regulation; to utilize technology without restriction; to provide limited interest curriculum; and to provide programs for the gifted and talented, all on a collaborative basis. The intent of the regional collaborative is to provide the opportunity for all children to receive educational services locally. The various school committees may assign and delegate to their respective superintendents of schools, acting as a regional board of superintendents, such duties, responsibilities and powers as the committees may deem necessary for the conduct, administration and management of the regional collaborative -- southern Rhode Island. Upon July 1, 1988, a bylaw committee shall be named by the commission to study the feasibility of creating a south county regional network center to provide multiple services for {DEL handicapped DEL} students {ADD with disabilities ADD}. The committee's membership should consist of three (3) special education directors, three (3) superintendents, three (3) parents, and two (2) other interested persons from the participating towns and school districts and any other person that the governing regional board of superintendents may deem necessary. The initial meeting shall be at the call of the commission to study the feasibility of creating a south county regional network center to provide multiple services for {DEL handicapped DEL} students {ADD with disabilities ADD} and shall occur within ninety (90) days of the July 1, 1988. This regionalized collaborative shall enjoy any regionalized bonus aid wherever applicable to collaboratives or cooperative service areas.

SECTION 24. Sections 16-7-16, 16-7-20.1, 16-7-34.2, and 16-7-40 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" are hereby amended to read as follows:

16-7-16. Definitions. -- The following words and phrases used in sections 16-7-15 to 16-7-34 shall have the following meanings:

(1) "Adjusted equalized weighted assessed valuation" shall mean the equalized weighted assessed valuation of a community as determined by the department of administration or as apportioned by the commissioner pursuant to the provisions of section 16-7-21;

(2) "Average daily membership" shall mean the average number of pupils in a community during a school year as determined pursuant to the provisions of section 16-7-22, less any students who are served in a program operated by the state and which program is part of the operations aid formula;

(3) "Basic program" shall mean the cost of education of resident pupils in grades twelve (12) and below in average daily membership for the reference year as determined by the mandated minimum program level plus all transportation costs including school bus monitors;

(4) "Certified personnel" shall mean all persons who are required to hold certificates issued by or under the authority of the board of regents for elementary and secondary education;

(5) "Community" shall mean any city, town, or regional school district established pursuant to law and/or the department of children, youth, and families; provided, however, that the department of children, youth, and families shall not have those administrative responsibilities and obligations as set forth in chapter 2 of this title; provided, however, that the member towns of the Chariho regional high school district, created by P.L. 1958, chapter 55 as amended, shall constitute separate and individual communities for the purpose of determining and distributing the foundation level school support including state aid for noncapital excess expenses for the special education of {DEL handicapped DEL} children {ADD with disabilities ADD} provided for in section 16-24-6 for all grades financed in whole or in part by the towns irrespective of any regionalization and any school operated by the state department of elementary and secondary education;

(6) "Department of children, youth, and families" shall mean that department created pursuant to chapter 72 of title 42. For purposes of this section, sections 16-7-20, 16-24-2, and 42-72-5(b)(22), "children" means those children who are placed, assigned, or otherwise accommodated for residence by the department of children and their families in a state operated or supported community residence licensed by a Rhode Island state agency and the residence operates an educational program approved by the department of elementary and secondary education;

(7) "Equalized weighted assessed valuation" shall mean the equalized weighted assessed valuation for a community as determined by the department of administration pursuant to the provisions of section 16-7-21;

(8) "Full time equivalency students" shall mean the time spent in a particular activity divided by the amount of time in a normal school day;

(9) "Incentive entitlement" shall mean the sum payable to a local school district under the formula used;

(10) "Mandated minimum program level" shall mean the amount which shall be spent by a community for every pupil in average daily membership as determined pursuant to the provisions of section 16-7-18;

(11) "Reference year" shall mean the next year prior to the school year immediately preceding that in which the aid is to be paid; and

(12) "Regularly employed" and "service" as applied to certified personnel shall have the same meaning as defined in chapter 16 of this title.

16-7-20.1. {DEL Annual report of number of exceptional children receiving support. -- DEL} {ADD Annual report of number of children with disabilities receiving support. -- ADD}The director of the department of mental health, retardation, and hospitals shall report on the first day of September annually to the commissioner of elementary and secondary education the number of {DEL exceptional DEL} children {ADD with disabilities ADD} affected by section 16-7-20 and the educational program costs for the children.

16-7-34.2. {DEL Appropriation of funds for education of handicapped children. -- DEL} {ADD Appropriation of funds for education of children with disabilities. -- ADD} The general assembly shall appropriate to the board of regents for elementary and secondary education such sums as it deems necessary to carry out the purposes of this section for distribution to local and regional school districts on the basis of the ratio which the {DEL handicapped DEL} children {ADD with disabilities ADD} in that district bear to the state total of such children; provided however, that no school district receives less than twelve thousand five hundred dollars ($12,500) for the purpose of financially assisting school programs for the {DEL handicapped DEL} child {ADD with a disability ADD} currently in operation and those programs initiated by the district in the future, and as approved by the department of elementary and secondary education; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much thereof as may be from time to time required, upon receipt by the controller of properly authenticated vouchers approved by the commissioner of elementary and secondary education. The department shall have the power to require that the programs shall be administered and supervised by the local districts in a manner that the department deems most feasible educationally and most sound economically.

16-7-40. {DEL School housing aid ratio to be increased for regional schools, energy conservation, handicap access, and asbestos removal projects. -- DEL} {ADD School housing aid ratio to be increased for regional schools, energy conservation, access for people with disabilities, and asbestos removal projects. -- ADD} (a) (1) In the case of regional school districts, the school housing aid ratio shall be increased by two percent (2%) for each grade so consolidated.

(2) Regional school districts undertaking renovation project(s) shall receive an increased share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share ratio calculated in section 16-7-39 and this subsection.

(b) In the case of projects undertaken by regionalized and/or non-regionalized school districts specifically for the purposes of energy conservation, {DEL handicap DEL} access {ADD for people with disabilities ADD}, and/or asbestos removal, the school housing aid share ratio shall be increased by four percent (4%) for these specific projects only, in the calculation of school housing aid. The increased share ratio shall continue to be applied for as long as the project(s) receive state housing aid. In order to qualify for the increased share ratio, seventy-five percent (75%) of the project costs must be specifically directed to either energy conservation, {DEL handicap DEL} access {ADD for people with disabilities ADD}, and/or asbestos removal or any combination thereof. The board of regents for elementary and secondary education shall promulgate rules and regulations for the administration and operation of this section.

SECTION 25. Section 16-21.1-1 of the General Laws in Chapter 16-21.1 entitled "Transportation of School Pupils Beyond City and Town Limits" is hereby amended to read as follows:

16-21.1-1. General purposes. -- This chapter shall be construed and applied to create a state plan for the busing of pupils beyond city or town limits, in recognition of the legislative policy to encourage the establishment of and continuance of consolidated and regional schools; to provide a unified statewide busing service; to afford to pupils who attend public schools the opportunity at the election of the school committee of the city or town in which the pupils reside, to attend a public school, either full time or part time, outside of the city or town which provides a program or curriculum not available within the city or town in which the pupil resides, as authorized by section 16-3.1-1 et seq.; to afford to {DEL handicapped DEL} children {ADD with disabilities ADD} equal educational opportunity; to afford bus transportation to pupils who attend nonpublic nonprofit schools which are consolidated, regionalized, or otherwise established to serve residents of a specific area within the state, and who may be counted for purposes of reimbursement to cities and towns under the state aid formula provided by section 16-7-22 et seq.; to conserve valuable natural resources by reducing the number of vehicles necessary to transport pupils to school; and to provide for the transportation of public school students who attend schools located outside of the city or town in which they reside, to protect the health, safety, and welfare of pupils who live at such distances from the schools which they attend as to make it impractical or hazardous to require the pupil to walk to school.

SECTION 26. Sections 16-24-1, 16-24-2, 16-24-3, 16-24-4, 16-24-6, 16-24-13, and 16-24-17 of the General Laws in Chapter 16-24 entitled "Handicapped Children" are hereby amended to read as follows:

16-24-1. Duty of school committee to provide special education. -- (a) In any city or town where there is a child {ADD with a disability ADD} within the age range as designated by the regulations of the state board of regents for elementary and secondary education, who is {DEL either mentally retarded or physically or emotionally handicapped DEL} {ADD functionally limited ADD} to such an extent that normal educational growth and development is prevented, the school committee of the city or town shall provide the type of special education that will best satisfy the needs of the {DEL handicapped DEL} child {ADD with a disability ADD}, as recommended and approved by the state board of regents for elementary and secondary education in accordance with its regulations.

(b) In those cases that an individual education plan has been adopted for a child and the child moves to another town or city, the plan shall remain in effect until a new plan is adopted for the child in the new town or city.

16-24-2. Regulations of state board. -- It shall be the duty of the state board of regents for elementary and secondary education to set up regulations for the purpose of carrying out the intent of this chapter; and the regulations shall also be applicable in the administration of all educational programs operated and/or supported by the department of mental health, retardation, and hospitals, human services, and corrections; the department of children, youth, and families and the board of regents shall report to the attorney general for the purpose of enforcing any noncompliance with its regulations for special education. The regulations shall include:

(1) Criteria to determine who is to be included in the category of the {DEL exceptional DEL} child {ADD with a disability ADD} and all persons from the age of three (3) to twenty-one (21) years who are {DEL mentally retarded and/or multi-handicapped DEL} {ADD functionally limited to such an extent that normal educational growth and development is prevented ADD} must be included in establishing the category of {DEL exceptional DEL} {ADD a ADD} child {ADD with a disability ADD};

(2) Minimum criteria for establishment and/or reimbursement of special facilities (such as public school classes, hospital schools, etc.) for each category of exceptionality;

(3) Standard accounting procedures including a uniform system of accounts for the determination of the cost of special education and standard reporting requirements, both subject to the prior written approval of the auditor general, and methods of reimbursement;

(4) Teacher training recommendations and minimum teacher qualifications;

(5) Transportation;

(6) Provisions permitting parents, public education agencies, certified public school teachers, support personnel, and their authorized representatives to appeal decisions made pursuant to the regulations; and

(7) Any other regulations the state board of regents deems necessary to implement this chapter.

16-24-3. {DEL Annual census of handicapped children. -- DEL} {ADD Annual census of children with disabilities. -- ADD}The school committee of every city and town shall annually ascertain, under regulations prescribed by the state board of regents for elementary and secondary education, in cooperation with the directors of human services and mental health, retardation, and hospitals, the number of children in the town or city of school age and resident therein who {DEL are physically, emotionally, or mentally handicapped DEL} {ADD have disabilities ADD}.

16-24-4. Transportation. -- The school committee of each city and town shall provide for the transportation to and from school either within the school district or in another school district of the state for any child who {DEL is handicapped DEL} {ADD has a disability ADD} in accordance with the regulations of the state board of regents for elementary and secondary education.

16-24-6. Special education fund -- Allocations to communities. -- (a) The state shall make available to the communities a special education fund to be appropriated annually for allocation to the communities for noncapital expenses for special education of {DEL handicapped DEL} children {ADD with disabilities ADD} in accordance with the regulations of the board of regents for elementary and secondary education. The cost of special education, including evaluation, support services, and training, including the cost of special education personnel, materials and equipment, tuition, transportation, rent, and contractual services, of the children in the program continuum placements provided under section 16-24-2 shall be paid by the state to the city or town at the same times provided in section 16-7-17 based on the financial and census data for the second school year preceding; provided, however, that the amount of the payment for special education pupils in each of the particular program placements shall not exceed one hundred and ten percent (110%) of the state median for special education pupils in that same placement. In determining the applicable state median expenditure for special education pupils for the purpose of this section, the board of regents shall under section 16-24-2 differentiate between types of program continuum placements on the basis of the amount of time a child requires special programs outside of the regular classroom to meet his or her particular needs, the ratio of personnel to pupils required for the programs, and the efficiency and economy of operating the programs. The board of regents may distribute the payments through the cooperative service arrangements provided for under chapter 3.1 of this title. The payments shall be made only after approval and certification by the board of regents that the payments are made pursuant to this section, that cost of special education has been determined and reported in accordance with the standard accounting and reporting procedures provided for in subdivision (3) of section 16-24-2, and that the program placements have met the regulations and requirements prescribed by the board of regents. The auditor general shall audit these payments and report in writing any exceptions to the board of regents and to the joint committee on legislative services.

(b) The commissioner of elementary and secondary education shall make a continuous evaluation of the operation of this section and at least once every three (3) years the board of regents for elementary and secondary education shall review the findings of the commissioner and shall make its recommendations in writing to the governor and to the general assembly.

(c) The general assembly shall appropriate to the board of regents for elementary and secondary education out of any money in the treasury not otherwise appropriated for the fiscal year 1979-1980 the sum of thirteen million dollars ($13,000,000), and for the fiscal year 1980-1981, and each fiscal year thereafter such sum as needed to carry out the purpose of this section; provided, however, that for each fiscal year following 1987-1988, the total appropriation for this purpose shall not be less than eight percent (8%) over the appropriation for the preceding fiscal year. For each fiscal year commencing 1992-1993, the total appropriation for this purpose shall not be less than one hundred percent (100%) of the approved special education excess expenditures. All entitlements except those in section 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures is appropriated. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much thereof as may be required from time to time upon receipt by the controller of properly authenticated vouchers.

(d) This chapter contemplates that expenses for special education for {DEL handicapped DEL} children {ADD with disabilities ADD} will be determined in accordance with standard accounting and reporting procedures required pursuant to section 16-24-2(3), and will be separable from expenses with respect to which state financial support is provided in section 16-7-20; the same expenses may not be counted twice, that is once for the purpose of section 16-7-20 and again for the purpose of this chapter. The allocations herein are subject to review and adjustment by the auditor general on the basis of more accurate census or other data which may be obtained by him or her.

(e) The department of elementary and secondary education shall deduct and retain the sum of two hundred thousand dollars ($200,000) from the amount appropriated under subsection (c) of this section. This sum, which will serve as the state match to federal funds, shall be used by the department of elementary and secondary education to enter into an agreement with the division of vocational rehabilitation to procure the services of vocational rehabilitation counselors for special education students in the public schools, and the agreement shall be subject to the approval of the commissioner of elementary and secondary education.

16-24-13. {DEL Classes for retarded and handicapped children in state residential facilities and institutions. -- DEL} {ADD Classes for children with disabilities in state residential facilities and institutions. -- ADD} Classes for {DEL retarded children and DEL} children {ADD with disabilities ADD} {DEL with other handicaps DEL} as described in the regulations of the state board of regents for elementary and secondary education shall be provided for those children in all the state institutions {DEL or state schools for the mentally retarded, DEL} and also in state operated and state supported facilities where {DEL retarded or handicapped DEL} children {ADD with disabilities ADD} reside subject to all regulations of the state board of regents for elementary and secondary education.

16-24-17. Payment for services. -- No school district shall pay to any provider of either health or educational services to {DEL the handicapped, to the emotionally disturbed, or to exceptional DEL} children {ADD with disabilities ADD} under this title, any charges in excess of the rate currently being charged by the provider to any other public or private purchaser thereof for the basic services, including any charges for room and board, nor shall the school district pay any charges in excess of the rate currently being charged by the provider to any other public or private purchaser for any other services deemed necessary by the individual education program. The school districts may request from the provider one hundred twenty (120) days prior to the start of their fiscal year a rate for services to be rendered for the ensuing fiscal year and the providers shall not change the rates during the ensuing fiscal year.

SECTION 27. The title of Chapter 25 of the General Laws entitled "Education of Deaf, Blind, and Retarded Children" is hereby amended to read as follows:

SECTION 28. Sections 16-25-1, 16-25-4, and 16-25-5 of the General Laws in Chapter 16-25 entitled "Education of Deaf, Blind, and Retarded Children" are hereby amended to read as follows:

16-25-1. Appointment of state beneficiaries at special institutions. -- The governor, on recommendation of the department of elementary and secondary education and upon application of the parent or guardian, may appoint any {ADD child who is ADD} deaf {ADD , ADD} {DEL or DEL} blind {DEL child DEL} {ADD or visually impaired ADD} being a legal resident of this state, who shall appear to the department to be a fit subject for education, as a state beneficiary at any suitable institution or school now established or that may be established either within or without the state, for such period as he or she may determine, within the limit of ten (10) years; provided, that he or she may, upon the special recommendation of the department, extend the period and that he or she shall have the power to revoke any appointment at any time for cause.

16-25-4. {DEL Care and instruction of blind children under school age. -- DEL} {ADD Care and instruction of children who are blind or visually impaired under school age. -- ADD}The department of elementary and secondary education shall have power to provide for the suitable care, maintenance, and instruction of babies and children under school age residing in this state who may be born blind or become blind {ADD or visually impaired ADD}, in any case where by reason of lack of means or other cause the parent or parents of the children may be unable to properly care for, maintain, and educate the children.

16-25-5. {DEL Contracts for care of blind children. -- DEL} {ADD Contracts for care of children who are blind or visually impaired. -- ADD} For the purpose of providing care, maintenance, and education of {DEL blind children DEL} {ADD children who are blind or visually impaired ADD}, the department of elementary and secondary education shall have power to contract with any institution having or furnishing special education and related services in this or any other state at a contract price within the amount appropriated.

SECTION 29. Section 16-25.1-4 of the General Laws in Chapter 16-25.1 entitled "Braille Instruction for Blind Students" is hereby amended to read as follows:

16-25.1-4. Teacher certification. -- The board of regents for elementary and secondary education shall require teachers seeking certification to teach {ADD students who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired {DEL students DEL} to demonstrate competency in reading and writing braille. The board shall adopt regulations, in accordance with the provisions of the general statutes, to establish standards for assessing competency which are consistent with the standards adopted by the National Library Service for the Blind and Physically Handicapped, Library of Congress.

SECTION 30. Sections 16-25.2-2 and 16-25.2-4 of the General Laws in Chapter 16-25.2 entitled "Instruction for Deaf or Hard of Hearing Students" are hereby amended to read as follows:

16-25.2-2. Development of program. -- (a) In developing the individualized educational program for those students who are deaf or hard of hearing, the assessments necessary for the development of the program shall include a language assessment performed for each student to determine that student's primary communication mode, style, and language. The language assessment shall be undertaken by individuals proficient in the communication mode, style, or language(s) being assessed. The communicative social, emotional, and cultural needs and preferences of {ADD students who are ADD} deaf and hard of hearing {DEL students DEL} vary widely and deserve careful consideration. The language assessment required for development of an individualized educational program shall consider the primary means of communication to which a child is accustomed, the student's ability and opportunities to communicate with others, whether hearing or not, and student and parent preferences for communication mode, style, and language. Some students who are deaf or hard of hearing use American sign language, others more effectively express and receive English or another language orally and aurally, with or without visual signs or cues. Other students may most effectively use a combination of language(s) or communication modes. In order to meet the individual needs of these students, a variety of options must be available when determining an appropriate program.

(b) In undertaking the development of an individualized educational program for {ADD students who are ADD} deaf and hard of hearing {DEL students DEL}, the individualized educational program team shall consider the individual educational needs of each student including but not limited to each of the following factors which is appropriate for the individual student:

(1) Providing the {ADD student who is ADD} deaf or hard of hearing {DEL student DEL} with administrators, teachers, teacher aids, audiologists, speech therapists, psychologists, interpreters, and other personnel who are trained to work with {ADD children who are ADD} deaf and hard of hearing {DEL children DEL} and are proficient in the primary language(s) and language mode(s) of those children;

(2) Providing {ADD children who are ADD} deaf or hard of hearing {DEL children DEL} with an educational environment which includes other {ADD students who are ADD} deaf or hard of hearing {DEL students DEL} who are of approximately the same age and ability and with whom they can directly communicate;

(3) Providing {ADD children who are ADD} deaf or hard of hearing {DEL children DEL} with opportunities to interact with adult role models who are deaf or hard of hearing;

(4) Providing {ADD children who are ADD} deaf or hard of hearing {DEL children DEL} with full access to all components of the educational process, including but not limited to recess, lunch, and extracurricular activities;

(5) Teaching {ADD children who are ADD} deaf or hard of hearing {DEL children DEL} in English and American sign language so that they develop an "adult" level of fluency; and

(6) That the determination of the least restrictive environment as used in state and federal law takes into consideration the unique communication needs of {ADD children who are ADD} deaf and hard of hearing {DEL children DEL} as described in this chapter. Nothing in this chapter shall be construed to require a particular language, communication, or program choice for a {ADD student who is ADD} deaf or hard of hearing {DEL student DEL}. Such determinations must be made through the individualized education decision making process for each student.

16-25.2-4. Teacher certification. -- The board of regents for elementary and secondary education shall require teachers seeking certification to teach {ADD students who are ADD} deaf and hard of hearing {DEL students DEL} after July 3, 1995 to demonstrate competency in American sign language in addition to the English language and communication competencies already required for such certification. The board shall adopt regulations, in accordance with the provisions of the general statutes, to establish standards for assessing the competency which are consistent with the standards adopted by the {DEL registry of DEL} {ADD board of examiners of ADD} interpreters for the deaf; provided, however, that the board may, through regulation, require a demonstrated level of competency less stringent than that required for interpreters. Teachers seeking certification shall be permitted to meet the requirements imposed by this section during the three (3) years of their provisional certification.

SECTION 31. Section 16-25.4-2 of the General Laws in Chapter 16-25.4 entitled "American Sign Language" is hereby amended to read as follows:

16-25.4-2. Legislative purposes. -- The legislature hereby declares that:

(1) The recognition of the unique social, cultural, and linguistic heritage of a community is crucial to the respect and well-being of that community;

(2) It is crucial that children of every community receive strong language base;

(3) Over the last twenty (20) years, a significant and growing body of scientific inquiry of American Sign Language (ASL) has been undertaken with the result that ASL is a valid, formal, and natural language, the use of which is vital to the preservation of the culture and heritage of the deaf community;

(4) While the majority of members of the deaf and hard of hearing community use American Sign Language as a primary means of communication, other members of the community employ a variety of means of communication including oral-aural communication and other manually coded systems;

(5) The study and learning of American Sign Language contributes to a greater understanding of the social and cultural aspects of deafness and to the breakdown of communication barriers that have existed between {ADD people who are ADD} hearing and deaf {DEL people DEL} and thus to the advancement of the state's expressed policy to encourage and enable deaf people, as well as other {ADD people who are ADD} disabled {DEL people DEL}, to participate fully in the economic, political and social life of the state.

Wherefore, the general assembly recognized that American Sign Language is a fully developed, autonomous, natural language with distinct grammar, syntax, vocabulary, and cultural heritage which is used by {ADD individuals who are ADD} hearing, deaf and hard of hearing {DEL individuals DEL} in the United States, and hereby determines that American Sign Language shall be accorded equal status with other linguistic systems in the state's public and higher education systems.

SECTION 32. Section 16-26-4 of the General Laws in Chapter 16-26 entitled "School for the Deaf" is hereby amended to read as follows:

16-26-4. Purpose of school -- Bylaws and regulations. -- The primary object of the school shall be to furnish to the {DEL deaf DEL} children {ADD who are deaf or hard of hearing ADD} of this state instruction and the best known facilities for the enjoyment of such a share of the benefits of the system of free public education as their afflicted condition will admit of. The board of regents for elementary and secondary education shall have charge of the affairs of the school, with power to make such bylaws and regulations for the government thereof, not inconsistent with the provisions of this chapter, as it may deem expedient.

SECTION 33. Sections 16-45-1.1 and 16-45-4.1 of the General Laws in Chapter 16-45 entitled "Regional Vocational Schools" are hereby amended to read as follows:

16-45-1.1. Declaration of policy. -- (a) The overall mission of vocational education in Rhode Island is to develop programs and services from elementary level through secondary, postsecondary, and adult levels to prepare students for productive employment or additional education without prematurely limiting them to a particular occupational or educational choice.

(b) Vocational education is defined as a state approved educational program below the baccalaureate level taught by a properly certified teacher, designed to prepare individuals for gainful employment in recognized and/or emerging clusters of related occupations; to assist individuals in making informed occupational choices; and to upgrade individuals already in an occupational field.

(c) Prevocational education is defined as instruction which introduces students to a variety of employment opportunities and which facilitates the process of choosing a career appropriate to a student's interest and aptitude.

(d) The following principles apply to the development and operation of all vocational programs, activities, and services:

(1) Access. - (i) All youth and adults who choose vocational education shall have access to those programs.

(ii) A public awareness program shall provide information regarding state approved vocational programs to students and their parents in their native language.

(iii) A full range of programs and supplemental services shall be provided for those students whose previous achievements and preparation indicate that additional support is necessary for them to succeed in vocational education.

(iv) Admissions criteria and assessment procedures shall promote equal access, enrollment, and participation in vocational programs regardless of age, sex, race, limited English proficiency, disadvantagement, or {DEL handicapping conditions DEL} {ADD disability ADD}.

(2) Purpose. (i) The purpose of vocational education is preparation for direct placement into the world of work consistent with economic development needs and/or preparation for postsecondary education.

(ii) Vocational preparation aims at:

(A) The development of academic, technical, problem solving, critical thinking skills, and concepts related to a cluster of allied occupations as well as specific job entry requirements.

(B) Graduating students with an understanding of the total enterprise of an occupational field and the ability to adapt to technological change.

(iii) Vocational assessment, guidance, support services, bilingual resources, placement services, and transitional planning should be provided to all students appropriate to their individual needs.

(iv) Student understanding of community needs, conditions of employment, and skills or attributes are best gained in the work environment through cooperative education, and other work related programs of instruction.

(v) Vocational programs shall be organized for maximum articulation between educational levels.

(3) Participation. - (i) There shall be broad representation and full participation in planning, developing, implementing, and evaluating vocational programs.

(ii) A comprehensive and coordinated system of vocational education can best be achieved by the collective action of many agencies of which the school is the major one.

(iii) Vocational programs should be developed with participation from students, parents, educators, workers and representatives of labor, community based organizations, business, and special populations.

16-45-4.1. Regional special programs. -- (a) Each city and town may contract with the William E. Davies, Jr. vocational-technical high school to establish and operate programs for special populations including {DEL handicapped DEL} {ADD students with disabilities ADD} and potential school dropouts.

(b) Whenever these programs are operated by the William E. Davies, Jr. vocational-technical high school, each participating city or town shall be assessed for the cost of the program in the proportion that their enrollment bears to the total enrollment in the program. These assessments shall be deposited as general revenues.

SECTION 34. Sections 16-53-2 and 16-53-3 of the General Laws in Chapter 16-53 entitled "Rhode Island State Advisory Council for Technical Vocational Education" are hereby amended to read as follows:

16-53-2. Composition of council. -- (a) The council shall be composed of thirteen (13) members appointed by the governor, and on July 1, 1985, four (4) of whom shall be appointed to serve until June 30, 1986, four (4) of whom shall be appointed to serve until June 30, 1987, and five (5) of whom shall be appointed to serve until June 30, 1988; all the members shall serve until their successors are appointed and qualified; during the month of March thereafter the governor shall appoint members to succeed the members whose term will then next expire for a term of three (3) years commencing on the first day of July then next following and until the successor is named and qualified. A member shall be eligible to succeed him or herself. A vacancy other than by expiration shall be filled in like manner as an original appointment but only for the unexpired portion of the term.

(b) The membership of the council shall consist of:

(1) Seven (7) individuals who are representative of the private sector in the state who shall constitute a majority of the membership:

(i) Five (5) of whom shall be representative of business, industry, and agriculture including:

(A) One member who is representative of small business concerns; and

(B) One member who is a private sector member of the state job training coordinating council (established pursuant to section 122 of the Job Training Partnership Act, 29 U.S.C section 1532); and

(ii) Two (2) of whom shall be representatives of labor organizations;

(2) Six (6) individuals who are representative of secondary and postsecondary vocational institutions (equitably distributed among those institutions), career guidance and counseling organizations within the state, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations (including women, the disadvantaged, {DEL the handicapped, DEL} {ADD individuals with disabilities, ADD} individuals with limited English proficiency, and minorities) and of whom one member shall be representative of special education.

(c) In selecting individuals to serve on the state council, due consideration shall be given to the appointment of individuals who serve on a private industry council under the Job Training Partnership Act (established pursuant to 29 U.S.C. section 1512), or on state councils established under other related federal acts.

(d) Members of the council may not represent more than one of the above specified categories; and there shall be appropriate representation of both sexes, racial, and ethnic minorities, and the various geographic regions of the state.

(e) The state shall certify the establishment and membership of the state council at least ninety (90) days prior to the beginning of each planning period described in section 113(a)(1) of United States Public Law 98-524, 20 U.S.C. section 2323(a)(1).

16-53-3. Functions and responsibilities. -- The council shall:

(1) Meet with the board of regents for elementary and secondary education or its representatives during the planning year to advise on the development of the state plan;

(2) Advise the board of regents and make reports to the governor, the business community, and general public of the state, concerning:

(i) Policies the state should pursue to strengthen vocational education (with particular attention to programs for {DEL the handicapped DEL} {ADD individuals with disabilities ADD}); and

(ii) Initiatives and methods the private sector could undertake to assist in the modernization of vocational education programs.

(3) Analyze and report on the distribution of spending for vocational education in the state and on the availability of vocational education activities and services within the state;

(4) Furnish consultation to the board of regents on the establishment of evaluation criteria for vocational education programs within the state;

(5) Submit recommendations to the board of regents on the conduct of vocational education programs conducted in the state which emphasize the use of business concerns and labor organizations;

(6) Assess the distribution of financial assistance furnished under this chapter, particularly with the analysis of the distribution of financial assistance between secondary vocational education programs and postsecondary vocational education programs;

(7) Recommend procedures to the board of regents to ensure and enhance the participation of the public in the provision of vocational education at the local level within the state, particularly the participation of local employers and local labor organizations;

(8) Report to the board of regents on the extent to which the individuals described in section 201(B) of United States Public Law 98-524, 20 U.S.C. section 2331(B), are provided with equal access to quality vocational education programs;

(9) (i) Evaluate at least once every two (2) years: (A) the vocational education program delivery systems assisted under this chapter, and under the Job Training Partnership Act, 29 U.S.C. section 1501 et seq., in terms of their adequacy and effectiveness in achieving the purposes of each of the two (2) acts, and (B) make recommendations to the state board on the adequacy and effectiveness of the coordination that takes place between vocational education and the Job Training Partnership Act; and

(ii) Advise the governor, the board of regents, the state job training coordinating council, the United States secretary of education, and the United States secretary of labor of these findings and recommendations; and

(10) Comply with all federal statutes, requirements, regulations, and guidelines, and in particular United States Public Law 98-524 and any amendments thereto.

SECTION 35. Section 16-58-2 of the General Laws in Chapter 16-58 entitled "Adult Education Commission" is hereby amended to read as follows:

16-58-2. Definition of adult education. -- (a) Adult education consists of programs, courses, classes, instruction, training, apprenticeships, and other learning experiences, and related counseling, guidance, informational, and other services which enable persons to acquire the basic knowledge and skills necessary to function as responsible and productive citizens in society, for citizenship, and learning the English language, for academic achievement, for qualifying for and advancing in employment, improving marketable skills, and qualifying for occupational licensing, and for general personal development and enrichment.

(b) These activities may be for individuals or groups, formal or informal, full time or part time, and may be sponsored by and operated in public, private, and proprietary instructions and agencies, employment setting, through printed or broadcast media, by home study, in community centers, libraries, and other learning environments.

(c) Subject areas may include fundamental, academic, business, trade, career, technical, professional, paraprofessional, vocational, avocational, and others, whether or not leading to credits, certificates, diplomas, degrees, or credentials of any kind. Levels may include primary, secondary, postsecondary, undergraduate, graduate, and general.

(d) Persons who participate in adult education are those who are above the age of compulsory school attendance, excepting persons who remain enrolled or reenroll in regular high school programs prior to attaining age eighteen (18) and persons who enter or re-enter higher education prior to attaining age twenty-five (25) and not excluding persons who are {DEL handicapped or DEL} disabled.

SECTION 36. Section 16-59-24 of the General Laws in Chapter 16-59 entitled "Board of Governors for Higher Education" is hereby amended to read as follows:

{DEL 16-59-24. Handicapped accessibility DEL} -- {ADD 16-59-24. Accessibility for people with disabilities ADD}. -- (a) The board of governors shall develop a policy, commitments, and procedures for students with disabilities setting forth the steps necessary to ensure that all public colleges, as defined in section 16-59-13, are accessible to {DEL handicapped DEL} persons {ADD with disabilities ADD}.

(b) The plan shall be substantially identical to the plan adopted by Rhode Island College and shall consider all {DEL handicapped DEL} persons' {ADD with disabilities ADD} needs and shall adopt reasonable accommodations necessary to achieve equal participation in educational opportunities.

(c) The state building code standards committee shall, by September 1, 1990, adopt {DEL a handicapped DEL} {ADD an ADD} accessibility {ADD for people with disabilities ADD} standard for public colleges that includes provisions ensuring that public colleges are accessible to and usable by all {DEL handicapped DEL} persons {ADD with disabilities ADD}.

SECTION 37. Sections 16-63-4 and 16-63-7 of the General Laws in Chapter 16-63 entitled "Adult Education" are hereby amended to read as follows:

16-63-4. Rights of adults. -- The applicable provisions of the laws of the state or local governments, and of any regulations or policies arising therefrom, shall be construed to include adults, as well as young persons, as the recipients and beneficiaries of education; however, adults shall not be subject to compulsory attendance pursuant to chapter 19 of this title. Provided, however, nothing in this chapter shall be construed as a mandate to any city or town to provide any compulsory educational program nor shall requirements contained herein supplant requirements for the education of {DEL the handicapped DEL} {ADD individuals with disabilities ADD} between the ages of eighteen (18) and twenty-one (21) years pursuant to sections 16-24-1 and 16-24-2.

16-63-7. Functions of office. -- The functions of the office may include, but may not necessarily be limited to, the following:

(1) The development of recommendations to the commissioner and the implementation of any approved recommendations, including:

(i) The utilization of federal and state funds for any purpose prescribed or allowed by the laws and/or regulations authorizing and/or appropriating those funds;

(ii) The subgranting of those federal and state funds to selected deliverers of programs and services, including those contemplated in subdivisions (2) and (3) below;

(iii) The operation and networking of statewide adult level guidance services;

(iv) The operation of a high school equivalency or general educational development, testing, and certification program;

(v) Administration of the provisions for the approval and regulation of private career, trade, and technical schools, pursuant to chapter 40 of this title, and of any other nonpublic entities, whether nonbusiness or proprietary, which provide or purport to provide adult education programs and services to residents of the state;

(vi) Professional development of administrators, teachers, counselors, paraprofessionals, and other personnel employed or engaged in delivering adult education programs and services within the state; and

(vii) Continuous research and planning in adult education, including assistance to the commission in conducting the comprehensive study of adult education prescribed in section 16-58-6, needs assessments in conjunction with local planning and assessment processes, and the development and utilization of relevant data.

(2) Coordination with programs and services administered and/or operated by other agencies and institutions, including:

(i) All programs in categories 1, 2, 3, and 5 as defined by this chapter;

(ii) Outreach, recruitment, and intake for program components throughout the delivery system defined in this chapter;

(iii) Dissemination of information on financial aid for adult learners, including loans, grants, scholarships, and other forms of financial aid, in cooperation with the Rhode Island higher education assistance authority, pursuant to chapters 56 and 57 of this title;

(iv) Psychological testing in relation to education and training, basic skills diagnostic and evaluation services, and multi-phasic vocational testing;

(v) Competency based adult high school diploma assessment and certification, as conducted by local education agencies in accordance with this chapter; and

(vi) The college level examination program and other mechanisms for establishing and recording postsecondary achievement and competencies in terms of academic credit.

(3) General advocacy and communicative relationships with other agencies, institutions, and organizations engaged in or interested in adult education or related activities in the state, including:

(i) Programs and services for adult learners in public and private colleges, schools, and other settings, at elementary, secondary, and postsecondary levels;

(ii) Adult education programs and services, in any of the categories defined in this chapter, conducted in libraries and other community based settings;

(iii) Preservice, in-service, and upgrading education and training programs, generally in category 2 as defined by this chapter, conducted in employment settings;

(iv) Activities, generally in category 2 as defined by this chapter, conducted in the state pursuant to the Job Training Partnership Act, 29 U.S.C. section 1501 et seq., and any amendments thereto, extensions thereof, or successor legislation;

(v) All activities in categories 4 and 6, as defined by this chapter;

(vi) Programs and services, generally in categories 1, 2, 3, 5, and 7, as defined by this chapter, conducted in custodial, correctional, and curative institutions in the state;

(vii) Programs and services for adults with special needs, such as {DEL the handicapped and disabled, DEL} {ADD people with disabilities, ADD} immigrants and refugees, women and displaced homemakers, senior citizens, persons of multilingual or multicultural backgrounds, and persons being discharged from the care of institutions referenced in subdivision (3)(vi) above;

(viii) Programs of family and homelife education and parent effectiveness training;

(ix) Educational and public service programming on radio and television, including that transmitted electronically and through cable systems; and

(x) Automobile and motorcycle driver safety education; and

(4) Staff support services for the commission.

SECTION 38. Section 16-69-2 of the General Laws in Chapter 16-69 entitled "60/40 Funding of Public Schools" is hereby amended to read as follows:

16-69-2. Definition of state-local support. -- (a) In defining the percentage of state support to fund elementary/secondary education, the state's share shall be defined to include appropriations for the following:

(1) Chapter 4 of this title, Permanent School Fund;

(2) Chapter 5 of this title, State Aid;

(3) Chapter 7 of this title, Foundation Level School Support;

(4) Chapter 15 of this title, Teachers' Pension;

(5) Chapter 23 of this title, Textbooks;

(6) Chapter 24 of this title, {DEL Handicapped DEL} Children {ADD with disabilities ADD};

(7) Chapter 25 of this title, Education of {ADD children who are ADD} Deaf {DEL , DEL} {ADD or ADD} Blind {DEL and Retarded DEL};

(8) Chapter 42 of this title, Education of Gifted Children;

(9) Chapter 45 of this title, Regional Vocational Schools;

(10) Chapter 54 of this title, Education of Limited-English Proficient Students;

(11) Chapter 67 of this title, Rhode Island Literacy and Drop-Out Prevention Act; and

(12) Other educational laws as may be enacted by the general assembly from time to time.

(b) The local percentage shall be defined to include all city and town revenues the school district obtains, excluding fees from admissions to school events, and federal aid.

(c) In determining the local percentage of school aid, the board of regents for elementary and secondary education shall adopt rules and regulations pertaining to the definition.

SECTION 39. Section 17-19-3.1 of the General Laws in Chapter 17-19 entitled "Conduct of Election and Voting Equipment, and Supplies" is hereby repealed.

{DEL 17-19-3.1. Polling places to be accessible to physically handicapped. -- Whenever practicable at no additional cost, every polling place shall be situated in a building architecturally and structurally suited for ready access by the handicapped. DEL}

SECTION 40. Sections 17-19-3.2 and 17-19-26.1 of the General Laws in Chapter 17-19 entitled "Conduct of Election and Voting Equipment, and Supplies" are hereby amended to read as follows:

{DEL 17-19-3.2. Handicapped and elderly persons. DEL} -- {ADD 17-19-3.2. Polling place accessibility for voters who are disabled or elderly ADD}. -- {DEL By January 1, 1986, every DEL} {ADD Every ADD} polling place shall be situated in a building which can be entered and exited by {DEL handicapped and DEL} {ADD persons who are disabled or ADD} elderly. {DEL "Handicapped persons" as used in this section are persons having a temporary or permanent physical disability. "Disability" DEL} {ADD "Persons who are disabled" ADD} for the purpose of this section means a serious impairment of mobility. "Elderly {ADD " ADD} {DEL person" DEL} as used in this section means a person who is sixty-five (65) years of age or older. The state board of elections shall establish guidelines as to the accessibility of buildings to {DEL the elderly and handicapped DEL} voters {ADD who are disabled or elderly ADD}. The state board of elections is empowered to grant, upon the application of the board of canvassers, an exception permitting it to maintain a polling place in a nonconforming building. An exception shall only be granted when the board of canvassers demonstrates to the satisfaction of the board of elections that there is no public building within the voting district which meets the requirements of this section or which can be brought into compliance by a reasonable expenditure of funds. If a conforming building is unavailable within the voting district, the board of elections shall provide to the board of canvassers an alternative method or an alternative location outside the voting district for {DEL handicapped and elderly DEL} persons who {ADD are disabled or elderly and ADD} request in advance of the election an alternative means of casting their ballot on election day.

17-19-26.1. Voting assistance. -- (a) Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union.

(b) Every voter who requires assistance pursuant to this section and every person furnishing assistance to a voter pursuant to this section shall make and file with the warden an affidavit in substantially the following form:

(c) An affidavit will be made available only upon request by the voter to the warden in the polling place. (d) Every person who shall make a false affidavit under this section shall be guilty of a felony. (e) Under the penalty prescribed by law, the "assistant" is prohibited from marking a vote on the computer ballot, unless otherwise requested by the voter who, due to a physical {DEL handicap DEL} {ADD disability ADD}, is unable to mark his or her ballot.

(f) No person may approach a voter and ask if he or she needs assistance, once the voter is within the voting place or waiting in line to vote or within fifty (50) feet of the entrance or entrances to the building as prescribed in section 17-19-49.

SECTION 41. Sections 17-20-2, 17-20-13 and 17-20-21 of the General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows:

17-20-2. Eligibility for mail ballots. -- Any elector otherwise qualified may vote by mail ballot in the following circumstances:

(1) An elector who will be absent from the state on the day of election during the entire period of time when the polls are to be open;

(2) An elector who will be absent from the city or town of his or her voting residence on the day of election during the entire period of time when the polls are to be open due to the elector's status as a student or the spouse of a student at an institution of higher learning located within this state;

(3) An elector who is incapacitated to such an extent that it would be an undue hardship to vote at the polls due to illness or mental or physical disability other than blindness or one seriously impairing mobility; provided, that the illness or disability is attested to by a physician or Christian Science practitioner who is familiar with the elector's medical condition;

(4) An elector who is forbidden by the tenets of his or her religious faith from engaging in secular activity including voting on the day of election;

(5) An elector who is confined in any hospital, convalescent home, nursing home, rest home, or similar institution, public or private;

(6) An elector who is being detained while awaiting trial or is being imprisoned for any cause other than final conviction of a felony and by reason thereof is unable to vote at the polls;

(7) An elector who will be temporarily absent from the state because of employment or service intimately connected with military operations or who is a spouse or legal dependent residing with that person;

(8) An elector who is employed by the state board of elections or is a member of the staff of a local canvassing authority;

(9) An elector who is {DEL handicapped DEL} {ADD disabled ADD} by virtue of having a temporary or permanent physical disability. "Disability" for the purpose of this chapter means blindness or a serious impairment of mobility which prevents the elector from voting at the polls;

(10) During the emergency mail ballot period only, an elector who is assigned to work election day under section 17-11-7.1.

17-20-13. Form of application. -- The application to be subscribed by the voters before receiving a mail ballot shall, in addition to such directions as may be printed, stamped, or written thereon by authority of the secretary of state, be in substantially the following form:

Name

Voting address

(Street) (City or Town)

You are in senatorial district #

Representative district #

Senatorial district

Representative district

Voting district

(City) (town) of

(Date)

Accepted

State of

City or town of

(Applicant shall complete form starting here.)

Applicant says that I reside at No. ____ Street in city or town of ________ in the state of Rhode Island, and that I am a qualified voter of this city or town.

I further state that I am not a qualified voter of any other state or any other city or town within this state and have not claimed and do not intend to claim the right to vote in any other city or town or state; that I apply in good faith for a mail ballot or set of ballots, as the case may be, to be used for an election on ____________________________________

(a) I certify that I am eligible for a mail ballot on the following basis: (check one)

(1) ( ) I will be absent from the state on the day of election during the entire period of time when the polls are to be open. I will be in ____________________________

on election day.

I understand that my ballot will be mailed to me at an address out of state to be designated by me or at my local board of canvassers if no other address is designated. _________________________________________________________________________

(2) ( ) I will be absent from the city or town of my voting residence during all the hours polls are open because of my status as a student or spouse of a student in an institution of higher learning,

__________________________________________________________________________

located within this state.

I understand that my ballot will be mailed to me at the board of canvassers in the city or town where my institution of higher learning is located.

(3) ( ) I am incapacitated to such an extent that it would be an undue hardship to vote at the polls by illness or mental or physical disability, other than blindness or one seriously impairing mobility (must be accompanied by a certification from a physician or Christian Science practitioner).

I understand that my ballot will be mailed to me at my registered voting address.

(4) ( ) Because tenets of my religion forbid secular activity including voting on the day of election.

I understand that my ballot will be mailed to me at my local board of canvassers.

(5) ( ) Because of confinement in a hospital, convalescent home, nursing home, rest home, or similar institution, public or private.

____________________________________________________________________

I understand that my ballot will be mailed to me at the hospital, convalescent home, nursing home or rest home where I am confined:

____________________________________________________________________

(6) ( ) I am detained while awaiting trial or imprisoned for a cause other than final conviction of a felony and by reason thereof I am unable to vote in person in the city or town in which I am registered.

I understand that my ballot will be mailed to me at the prison where I am confined:

____________________________________________________________________

(7) ( ) I am temporarily absent from the state because of employment or service intimately connected with military operations or because I am a spouse or dependent of such a person.

I understand that my ballot will be mailed to me at an address out-of-state to be designated by me, or at my local board of canvassers.

____________________________________________________________________

(8) ( ) I am employed by the state board of elections. I understand that my ballot will be mailed or delivered to me at the board of elections.

( ) I am a member of the staff of a local canvassing authority. I understand that my ballot will be mailed or delivered to me at my local board of canvassers.

(9) ( ) I am {DEL handicapped DEL} {ADD disabled ADD} due to blindness or a serious impairment of mobility which prevents me from voting at the polls.

(10) ( ) I am an elector assigned to work election day under section 17-11-7.1.

I understand that my ballot will be mailed to me at my registered voting address.

I DECLARE UNDER PENALTIES OF PERJURY THAT ALL OF THE INFORMATION I HAVE PROVIDED ON THIS FORM IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

(Date of birth)

(If unable to sign name because of physical incapacity or otherwise applicant shall make his or her mark "(X)".)

Sworn to (or affirmed) before me, this ____ day of ____, 19____

____________________________

Notary Public

(If executed outside of Rhode Island by a notary public, attest in manner authorized by law of place where taken.)

(This application must either be sworn to before a notary public or before two (2) witnesses who must sign their names and addresses. If the voter is {DEL handicapped DEL} {ADD disabled ADD} due to blindness or a serious mobility impairment and has checked subdivision (a)(9) on this application, no notarization is needed. The application must either be witnessed and signed by two (2) persons eighteen (18) years of age or older or notarized.)

Note - This application must be received by your local canvassing authority not later than four o'clock (4:00) p.m. on the twenty-first day before the day of any election. If this application is for an emergency ballot it must be accompanied by certificate as to the circumstances requiring the emergency ballot and must be received by the local canvassing authority not later than twelve o'clock (12:00) noon on the last day before the day of the election.

Mail to:

Board of Canvassers____________________________________________

(City) (Town) of_______________________________________________

________________________________________________________ Street

___________________________________________________Rhode Island

(Not to be filled in by applicant, to be completed by local board.)

This application is returned for the following reason(s):

(check appropriate boxes)

( ) Application not sufficient;

( ) Applicant not a qualified elector;

( ) Signature does not compare with the signature on the voter's registration card;

( ) Application received later than four o'clock (4:00) p.m. local time on the twenty-first day before the day of election;

( ) Application for emergency ballot received later than twelve o'clock (12:00) noon on the last day before the day of election;

( ) Other.

17-20-21. Certifying envelopes. -- (a) The secretary of state shall cause to be prepared and printed and shall furnish with each mail ballot an envelope for sealing up and certifying the ballot when returned. On one side of the envelope shall be printed:

Note: Above designation must correspond with designation on application submitted by local board.

Name of voter_______________________________________________________

Residence (Street and number, if any) _____________________________________

____________________________________________________________________

____________________________________________________________________

City (or town) of ______________________________________________________

____________________________________________________________________

(b) On the same side of said envelope shall be printed:

"After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to statement on reverse side hereof. Enclose in envelope addressed to board of elections, which must receive the envelope not later than nine o'clock (9:00) p.m. the day of election."

(c) On reverse side of the envelope shall be printed:

I certify under penalty of perjury that I am a resident of the state of Rhode Island and a qualified voter of the state residing at ____________________________ in the city or town of __________________________

(Street and number, if any) and that I am eligible to cast a mail ballot for the reason set forth in my application and that I have not qualified to vote elsewhere than as set forth on the reverse side of this envelope, nor do I intend to vote for any of the candidates, amendments or propositions named in the enclosed ballot elsewhere or in any other manner.

Voter must sign full name here: ______________________________________________

________________________________________________________________________

(If unable to sign name because of physical incapacity or otherwise, voter shall make his or her mark "(X)").

Before me the _____________ day of ______________ 19________, at ________________ (city or town), county of ________________, state of ____________________, personally appeared the above named voter, to me known and known by me to be the person who affixed his or her signature to this ballot envelope.

Notary must also print his name

Witness:

__________________________ ________________________________

(Signature) (Residence)

__________________________ _________________________________

(Signature) (Residence)

Note: Mail ballots must either be sworn to before a notary public or before two (2) witnesses who must sign their names and addresses. If the voter is {DEL handicapped DEL} {ADD disabled ADD} due to blindness or a serious mobility impairment and checked subdivision (a)(9) on the mail ballot application, no notarization or witnesses are necessary.

SECTION 42. Section 20-8.1-3 of the General Laws in Chapter 20-8.1 entitled "Shellfish Grounds" is hereby amended to read as follows:

20-8.1-3. Investigation of shellfish grounds -- Notice of polluted areas. -- The director shall investigate the sanitary condition of the waters overlying shellfish grounds. Those waters that are found to be in an unsatisfactory sanitary condition for the taking of shellfish for human consumption shall be declared to be polluted areas. The director shall give annual notice as to those areas of the waters of the state that he or she has declared to be polluted by advertising this action in at least one public newspaper published in the city of Providence. The director shall provide notice with each shellfish license issued or reissued after December 31, 1994, that it is the obligation of each licensee to inquire by calling a dedicated telephone line or dedicated {DEL telephone for the deaf (TTD) DEL} {ADD teletext phone for persons who are deaf, hard of hearing or speech impaired (TTY) ADD} line maintained by the department of environmental management prior to taking any shellfish in the waters of the state that are conditionally approved waters. The director shall arrange for notice to be provided on the telephone and {DEL TTD DEL} {ADD TTY ADD} telephone lines as to those conditionally approved waters of the state which the director declares to be polluted and in which no shellfish may be taken.

SECTION 43. Section 21-28-3.20 of the General Laws in Chapter 21-28 entitled "Uniform Controlled Substances Act" is hereby amended to read as follows:

21-28-3.20. Authority of practitioner to prescribe, administer, and dispense -- Report of continued use. -- A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, and dispense controlled substances, or he or she may cause the controlled substances to be administered by a nurse or intern under his or her direction and supervision. If the practitioner uses a narcotic drug in schedule II in the care and treatment of any individual case for a period of three (3) months, he or she shall at the expiration of the period of three (3) months report the use to the director of health, together with the name of the patient and the nature of the disease or ailment with which the patient {DEL is afflicted DEL} {ADD has ADD}. A practitioner prescribing schedule II narcotic drugs for a patient with a medical diagnosis documenting a terminal illness, will only be required to file an initial report, and will be exempt from filing subsequent reports for such patients.

SECTION 44. Chapter 23-1.8 of the General Laws entitled "Commission on the Deaf and Hearing Impaired" is hereby amended to read as follows:

SECTION 45. Section 23-5.1-1 of the General Laws in Chapter 23-5.1 entitled "Identification of Persons Suffering from Certain Disabilities" is hereby amended to read as follows:

23-5.1-1. Identification bracelet. -- Any person who {DEL suffers from DEL} {ADD has ADD} epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary blackouts, semi-conscious periods, or complete unconsciousness, is hereby authorized to wear an identification bracelet with the person's name, type of illness, physician's name, and medication required, engraved, stamped, or imprinted thereon.

SECTION 46. Section 23-13-1 of the General Laws in Chapter 23-13 entitled "Maternal and Child Health Services for Children with Special Health Care Needs" is hereby amended to read as follows:

23-13-1. Acceptance of federal act -- Administration and purpose of program. -- (a) The state hereby accepts the provisions of Title V, relative to maternal and child health services, of an act passed by the congress of the United States, entitled the "Social Security Act", approved August 14, 1935, and as subsequently amended, 42 U.S.C. section 701 et seq., and designates the state department of health as the state agency for administering in Rhode Island the provisions of Title V of the "Social Security Act" relative to maternal and child health services.

(b) The state department of health shall administer a program of ambulatory health services for mothers and children and shall supervise the administration of those services included in the program which are not directly administered by the department. The purposes of such programs shall be to reduce maternal and infant mortality, to reduce the incidence and prevalence of preventable diseases and {DEL handicapping DEL} {ADD disabling ADD} conditions among children, to reduce the need for inpatient and long-term care services, to increase the number of children (especially low income children) receiving immunization, health assessment, diagnostic, and treatment services, to develop, extend, and improve ambulatory health services to locate, diagnose, care for, and rehabilitate children {DEL suffering from handicapping DEL} {ADD with disabling ADD} conditions, and otherwise preserve, protect, and promote the health of mothers and children. The director of health is hereby authorized to promulgate such rules and regulations as may be necessary to carry into effect the provisions of this section.

SECTION 47. The title of Chapter 14 entitled "Childhood Disease Victims Fund" is hereby amended to read as follows:

SECTION 48. Sections 23-14-1, 23-14-2, and 23-14-3 of the General Laws in Chapter 23-14 entitled "Childhood Disease Victims' Fund" are hereby amended to read as follows:

23-14-1. Declaration of intent. -- (a) Whereas, the state recognizes that many of the {DEL victims of childhood diseases DEL} {ADD children with special health care needs ADD}, as well as their families, are forced to bear substantial physical, emotional, social, and financial hardships associated with the child's illness; and

(b) Whereas, the financial costs for treatment and continued health care for {DEL child disease victims DEL} {ADD children with special health care needs ADD} are often prohibitive, while many families may be without health care coverage, or be ineligible for publicly funded assistance, or coverage may be inadequate to cover many of the costs related to treatment or continued medical care; and

(c) Whereas, many families of {DEL childhood disease victims DEL} {ADD children with special health care needs ADD} cannot be with their children during vital pre-and post operative periods or for periods of post operative treatment due to their inability to meet travel expenses; and

(d) Whereas, many nonprofit organizations in Rhode Island attempt to ameliorate this distressing situation for the {DEL victims of childhood diseases DEL} {ADD children with special health care needs ADD} and their families by providing medicines, medical equipment, and funding to help to defray the costs associated with the care and treatment of these youngsters not otherwise provided for; and

(e) Whereas, as admirable as the efforts of these nonprofit organizations are, it is widely acknowledged that they lack the funding to meet all of the remaining needs of {DEL child disease victims DEL} {ADD children with special health care needs ADD};

(f) It is hereby declared to be the intent of the state to provide a means by which {DEL child disease victims DEL} {ADD children with special health care needs ADD}, whose needs for medical treatment, care, and equipment are not otherwise provided for, may be financed through a voluntary check-off of a portion of an income tax refund owed to a taxpayer by the state. It is also intended that funds generated by the check-off be supplemental to any funds which would otherwise be available for the above purposes, and that the funds be used only for direct provision of medicines, medical equipment, medical treatment, or care to {DEL child disease victims DEL} {ADD children with special health care needs ADD} and travel expenses for child disease victims and their families when it is necessary for the child to receive treatment at an out-of-state medical treatment facility.

23-14-2. Definitions. -- As used in this chapter, the following words shall be construed as follows unless the context clearly indicates otherwise:

(1) "Child {DEL disease victim(s) DEL} {ADD with special health care needs ADD}" means any minor under the age of eighteen (18) who is a domiciled resident of the state who suffers from a chronic medical illness.

(2) "Eligible organization(s)" means the following Rhode Island based organizations and Rhode Island affiliates of the following national organizations:

(3) "Eligible services" means the direct provision of medicines, medical equipment and supplies, medical treatment or care to {DEL child disease victims DEL} {ADD children with special health care needs ADD} and travel expenses including transportation, meals, and lodging of {DEL child disease victims DEL} {ADD children with special health care needs ADD} and their families when it is necessary for the child to receive medical treatment at an out-of-state medical treatment facility. The term "eligible services" shall not include any financial costs related to administration, promotion, education, or personnel related to the provision of eligible services or any other services which may be provided by a qualified organization. "Eligible services" shall also not include any tangible or intangible items which are not provided directly to DEL}a child disease victimDEL} {ADDchildren with special health care needsADD}.

(4) "Emergency services" shall mean eligible services which would normally be provided for by a health insurance program or a publicly funded assistance program, but for any reason are not immediately available to the {DEL child disease victim DEL} {ADD child with special health care needs ADD}. The term "emergency services" shall also mean the provision of eligible services on an emergency only basis to a {DEL child disease victim DEL} {ADD child with special health care needs ADD} who is not a domiciled resident of the state.

(5) "Qualified organization(s)" means eligible organizations which have submitted applications to the general treasurer and have been certified for the application year by the general treasurer as provided by the provisions of this chapter.

American Diabetes Association

R.I. Affiliate, Inc.;

R.I. Lung Association, Inc.;

Arthritis Foundation

R.I. Chapter;

American Cancer Society

R.I. Division, Inc.;

Hospice Care of R.I., Inc.;

Leukemia Society of R.I., Inc.

R.I. Chapter;

Easter Seal Society of R.I., Inc.;

R.I. Society to Prevent Blindness;

United Cerebral Palsy of R.I.;

R.I. Hemophilia Foundation;

American Heart Association

R.I. Affiliate, Inc.;

Cystic Fibrosis Foundation

R.I. Chapter;

National Foundation of Ileitis & Colitis;

Mental Health Association of R.I.;

Muscular Dystrophy Association, Inc.;

National Multiple Sclerosis Society; and

{DEL Rhode Island Association for Retarded DEL} {ADD RI Arc ADD}.

23-14-3. Childhood disease {DELvictims'DEL} fund established -- Uses of the fund. -- (a) There is hereby established a separate fund within the general fund to be called the Childhood Disease {DEL Victims' DEL} Fund which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. The fund shall consist of sums collected as a result of the taxpayer check-off as provided for in section 44-30-2.3. The general treasurer is authorized to accept any grant, devise, bequest, donation, gift, or assignment of money, bonds, or other valuable securities for deposit in and credit of the childhood disease {DEL victims' DEL} fund.

(b) The monies received under this chapter and section 44-30-2.3 shall be made available by the treasurer annually by September 30 to qualified organizations and shall be distributed equally among all qualified organizations which have been certified by the department of health for the funding year.

(c) Upon distribution to qualified organizations, the monies shall be used exclusively for child disease victims and their families for eligible services and emergency services. Provided, however, that qualified organizations shall seek and be entitled to reimbursement from a health insurance program or publicly funded assistance program, for emergency services when the cost of emergency services would normally be provided for by the respective program.

(d) Any eligible organization which seeks qualified organization status for a funding year shall submit an application to the department of health not later than July 15 of the year for which they seek status. The application must include:

(1) The specific nature of the eligible and/or emergency services the eligible organization is proposing to provide and which group or classification(s) of child disease victims the services are proposed to be provided to;

(2) Eligible services that the eligible organization has provided in the past year or is currently providing and the annual cost of the services;

(3) Whether the monies sought under this chapter will be used to fund new or existing programs for eligible services; and

(4) Any other information the department of health deems necessary to facilitate the purposes of this chapter.

(e) Upon receipt of the annual application from eligible organizations as provided in this section, the director of the department of health shall review each application to determine if it complies with the intent and requirements of this chapter. Upon a finding by the director of the department of health that the application so complies, the director of the department of health shall certify that the eligible organization has been designated as a qualified organization for the funding year. The director of the department of health shall provide notice of approval or denial of certification not later than September 15 to each eligible organization which has submitted an annual application.

(f) The director of the department of health is hereby authorized to promulgate any rules or regulations and prescribe forms necessary to facilitate the provisions of this chapter.

SECTION 49. Section 23-17-10.3 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:

23-17-10.3. Special care unit disclosure by facilities. -- (a) On or after January 1, 1994, any nursing facility which offers to provide or provides care for patients or residents with Alzheimer's disease or other dementia by means of an Alzheimer's special care unit shall be required to disclose the form of care or treatment provided, in addition to that care and treatment required by the rules and regulations for the licensing of nursing facilities. That disclosure shall be made to the licensing agency and to any person seeking placement in an Alzheimer's special care unit of a nursing facility. The information disclosed shall explain the additional care provided in each of the following areas:

(1) Philosophy.. - The Alzheimer's special care unit's written statement of its overall philosophy and mission which reflects the needs of residents {DEL afflicted DEL} with dementia.

(2) Pre-admission, admission, and discharge.. - The process and criteria for placement, transfer or discharge from the unit.

(3) Assessment, care planning, and implementation.. - The process used for assessment and establishing the plan of care and its implementation, including the method by which the plan of care evolves and is responsive to changes in condition.

(4) Staffing patterns and training ratios.. - Staff training and continuing education practices.

(5) Physical environment.. - The physical environment and design features appropriate to support the functioning of cognitively impaired adult residents.

(6) Residents' activities.. - The frequency and types of resident activities.

(7) Family role in care.. - The involvement of families and family support programs.

(8) Program costs.. - The cost of care and any additional fees.

(b) The licensing agency shall develop a standard disclosure form and shall review the information provided on the disclosure form by the nursing facility to verify the accuracy of the information reported on it. Any significant changes in the information provided by the nursing facility will be reported to the licensing agency at the time the changes are made.

SECTION 50. Section 23-17.5-19 of the General Laws in Chapter 23-17.5 entitled "Rights of Nursing Home Patients" is hereby amended to read as follows:

23-17.5-19. Discrimination. -- Each patient shall be offered treatment without discrimination as to sex, race, color, religion, national origin, source of payment, {DEL handicap DEL} {ADD disability ADD} or diagnosis of Alzheimer's disease or related dementia.

SECTION 51. Sections 23-17.8-1, 23-17.8-2 and 23-17.8-3.1 of the General Laws in Chapter 23-17.8 entitled "Abuse in Health Care Facilities" are hereby amended to read as follows:

23-17.8-1. Patient abuse, mistreatment, and neglect -- Definitions. -- (a) (1) "Abuse" means:

(i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, kicking, pinching, slapping, or the pulling of hair, provided, however, unless such is required as an element of the offense charged, it shall not be necessary to prove that the patient or resident was injured thereby, or;

(ii) Any assault as defined in chapter 37 of title 11, or;

(iii) Any offense under chapter 10 of title 11, or;

(iv) Any conduct which harms or is likely to physically harm the patient or resident except where the conduct is a part of the care and treatment, and in furtherance of the health and safety of the patient or resident, or

(v) Intentionally engaging in a pattern of harassing conduct which causes or is likely to cause emotional or psychological harm to the patient or resident, including but not limited to, ridiculing or demeaning a patient or resident, making derogatory remarks to a patient or resident or cursing directed towards a patient or resident, or threatening to inflict physical or emotional harm on a patient or resident.

(2) Provided, however, nothing herein shall be construed to prohibit the prosecution of any violator of this section under any other chapter.

(b) "Department" shall mean the department of health when the incident occurs in a health care facility, and the department of mental health, retardation and hospitals when the incident occurs in a community residence for {DEL the DEL} {ADD people who are ADD} mentally retarded or persons with developmental disabilities.

(c) "Facility" means any health care facility or community residence for {DEL the DEL} {ADD persons who are ADD} mentally retarded, or persons with developmental disabilities as those terms are defined below. Health care facility shall mean any hospital or nursing facility required to be licensed under chapter 17 of this title, and any residential care/assisted living facility required to be licensed under chapter 17.4 of this title, and any community residence whether privately or publicly owned. Community residence for {DEL the DEL} {ADD persons who are ADD} mentally retarded or persons with developmental disabilities shall mean any residential program licensed by the department of mental health, retardation and hospitals, which meets the definition of a community residence as defined in section 40.1-24-1(e) and provides services to {ADD people who are ADD} mentally retarded {DEL persons DEL} or persons with developmental disabilities.

(d) "High Managerial Agent" means an officer of a facility, the administrator and assistant administrator of the facility, the director and assistant director of nursing services, or any other agent in a position of comparable authority with respect to the formulation of the policies of the facility or the supervision in a managerial capacity of subordinate employees.

(e) "Mistreatment" means the inappropriate use of medications, isolation, or use of physical or chemical restraints (1) as punishment, (2) for staff convenience, (3) as a substitute for treatment or care, (4) in conflict with a physician's order, (5) or in quantities which inhibit effective care or treatment, which harms or is likely to harm the patient or resident.

(f) "Neglect" means the intentional failure to provide treatment, care, goods, and services necessary to maintain the health and safety of the patient or resident, or the intentional failure to carry out a plan of treatment or care prescribed by the physician of the patient or resident, or the intentional failure to report patient or resident health problems or changes in health problems or changes in health conditions to an immediate supervisor or nurse, or the intentional lack of attention to the physical needs of a patient or resident including, but not limited to toileting, bathing, meals, and safety. Provided, however, no person shall be considered to be neglected for the sole reason that he or she relies on or is being furnished treatment in accordance with the tenets and teachings of a well recognized church or denomination by a duly-accredited practitioner thereof.

(g) "Patient" shall mean any person who is admitted to a facility for treatment or care, while "resident" shall mean any person who maintains their residence or domicile, on either a temporary or permanent basis, in a facility.

(h) "Person" means any natural person, corporation, partnership, unincorporated association, or other business entity.

23-17.8-2. Duty to report. -- (a) Any physician, medical intern, registered nurse, licensed practical nurse, nurse's aide, orderly, certified nursing assistant, medical examiner, dentist, optometrist, optician, chiropractor, podiatrist, coroner, police officer, emergency medical technician, fire-fighter, speech pathologist, audiologist, social worker, pharmacist, physical or occupational therapist, or health officer, or any person, within the scope of their employment at a facility or in their professional capacity, who has knowledge of or reasonable cause to believe that a patient or resident in a facility has been abused, mistreated, or neglected shall make, within twenty-four (24) hours or by the end of the next business day, a telephone report to the director of the department of health or his or her designee for those incidents involving health care facilities, or to the director of the department of mental health, retardation and hospitals or his or her designee for those incidents involving community residences for {DEL the DEL} {ADD people who are ADD} mentally retarded or persons with developmental disabilities. The report shall contain:

(1) The name, address, telephone number, occupation, and employer's address and the phone number of the person reporting;

(2) The name and address of the patient or resident who is believed to be the victim of the abuse, mistreatment, or neglect;

(3) The details, observations, and beliefs concerning the incident(s);

(4) Any statements regarding the incident made by the patient or resident and to whom they were made;

(5) The date, time, and place of the incident;

(6) The name of any individual(s) believed to have knowledge of the incident;

(7) The name of any individual(s) believed to have been responsible for the incident.

(b) In addition to those persons required to report pursuant to this section, any other person may make a report if that person has reasonable cause to believe that a patient or resident of a facility has been abused, mistreated, or neglected.

(c) Any person required to make a report pursuant to this section shall be deemed to have complied with these requirements if a report is made to a high managerial agent of the facility in which the alleged incident occurred. Once notified, the high managerial agent shall be required to meet all reporting requirements of this section within the time frames specified by this chapter.

(d) Telephone reports made pursuant to subsection (a) shall be followed-up within three (3) business days with a written report.

23-17.8-3.1. Physician's report of examination -- Duty of facility. -- Whenever a facility shall receive a report by a person other than a physician that a patient or resident of the facility has been harmed as a result of abuse, neglect, or mistreatment, the facility shall have the patient examined by a licensed physician. It shall be mandatory for the physician to make a preliminary report of his or her findings to the department of health for a health care facility, or to the department of mental health, retardation and hospitals for a community residence for {DEL the DEL} {ADD people who are ADD} mentally retarded or persons with developmental disabilities and to the facility within forty-eight (48) hours after his or her examination, and a written report within five (5) days after his or her examination.

SECTION 52. Section 23-24.1-4 of the General Laws in Chapter 23-24.1 entitled "Poison Prevention Packaging" is hereby amended to read as follows:

23-24.1-4. Exceptions. -- (a) For the purpose of making any household substance which is subject to a standard established under section 23-24.1-3 readily available to {DEL elderly or handicapped DEL} persons {ADD who are elderly or disabled who are ADD} unable to use the substance when packaged in compliance with the standard, the manufacturer or packer, as the case may be, may package any household substance, subject to a standard, in packaging of a single size which does not comply with the standard if:

(1) The manufacturer or packer also supplies such substances in packages which comply with the standard; and

(2) The packages of the substance which do not meet the standard bear conspicuous labeling stating: "This package for households without young children"; except that the director may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate that labeling.

(b) In the case of a household substance which is subject to a standard and which is dispensed pursuant to an order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, that substance may be dispensed in noncomplying packages only when directed in that order or when requested by the purchaser.

(c) In the case of a household substance subject to a standard which is packaged under subsection (a) in a noncomplying package, if the director determines that the substance is not also being supplied by a manufacturer or packer in popular size packages which comply with that standard, he or she may, after giving the manufacturer or packer an opportunity to comply with the purposes of this chapter, by order require the substance to be packaged by the manufacturer or packer exclusively in special packaging complying with the standard if he or she finds, after opportunity for hearing, that exclusive use of special packaging is necessary to accomplish the purposes of this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 54. Section 23-28.7-16 of the General Laws in Chapter 23-28.7 entitled "Hotels and Motels" is hereby amended to read as follows:

23-28.7-16. Alarms. -- (a) A fire alarm system as prescribed in section 23-28.25-4(b) shall be installed in every hotel.

(b) In ADDITION, a visual alarm signal shall be installed in guest rooms specifically designed for {DEL the handicapped DEL} {ADD persons with disabilities ADD}.

(c) Rate of rise and one-hundred thirty-five degree (135 degrees) to one-hundred forty degree (140 degrees) fixed temperature thermodetector shall be installed in every sleeping room.

(d) A local single station AC smoke detector shall be installed in each sleeping room.

(e) (1) EXCEPTION: Buildings no more than two (2) stories high where each guest room has a direct exit to the outside of the building shall have a fire alarm system as prescribed in section 23-28.25-4(a).

(2) In ADDITION: A local single station AC smoke detector shall be installed in each sleeping room.

SECTION 55. Section 23-28.22-19 of the General Laws in Chapter 23-28.22 entitled "Flammable and Combustible Liquids" is hereby amended to read as follows:

{DEL 23-28.22-19. Self-service stations -- Assistance for handicapped persons DEL}{ADD. -- 23-28.22-19. Self-service stations -- Assistance for persons with disabilities ADD}. -- All full service stations offering self service at a lesser cost shall require an attendant to dispense gasoline and/or diesel fuel from the self-service portion of the station at the self service prices to any motor vehicle properly displaying a "parking {DEL privilege plate DEL} {ADD permit ADD}" issued pursuant to section 31-28-7, when the person to whom the plate has been issued is the operator of the vehicle and when the service is requested. Signs shall be conspicuously posted at all the pumps attesting to the procedure provided for in this section.

SECTION 56. Sections 23-28.30-41 and 23-28.30-42 of the General Laws in Chapter 23-28.30 entitled "Community Residences for the Mentally Retarded, Mentally Ill, Drug Abusers, and Alcoholics" are hereby amended to read as follows:

23-28.30-41. Use of windows. -- Windows may not be used as a means of egress in any facility housing {DEL the physically handicapped DEL} {ADD persons with physical disabilities ADD}.

23-28.30-42. Means of egress dimensions. -- Means of egress in community residences II, housing the {DEL physically handicapped, DEL} {ADD persons with disabilities ADD} shall comply with the dimensions and components specified in {DEL A.N.S.I. Standard A 117.1 -- 1986 edition. DEL} {ADD The Americans with Disabilities Act Accessibility guidelines. ADD}

SECTION 57. Section 23-33-22.1 of the General Laws in Chapter 23-33 entitled "Elevators, Escalators, and Dumbwaiters" is hereby amended to read as follows:

23-33-22.1. Warning signs near elevators in nursing homes. -- A conspicuous warning sign stating "In Case of Fire Do Not Use Elevator" shall be placed next to the places of ingress or egress to every elevator used for conveying persons or goods in any building used primarily as a nursing home or as a home for the elderly and/or {DEL handicapped. DEL} {ADD people with disabilities. ADD}

SECTION 58. Section 24-12-51.1 of the General Laws in Chapter 24-12 entitled "Rhode Island Turnpike And Bridge Authority" is hereby amended to read as follows:

24-12-51.1. Jamestown Verrazzano Bridge -- Fishing area and park. -- (a) The director of the department of transportation is hereby authorized and directed to retain a portion of the North Kingstown side of the existing Jamestown Bridge for use as a public fishing pier. The portion so retained shall be sufficient in area to facilitate the purposes of this section and shall be open to the general public at no charge, and shall be made accessible to {DEL handicapped DEL} persons {ADD with disabilities ADD}.

(b) The director of the department of environmental management is hereby authorized and directed to develop and maintain a park on state owned land adjacent to the existing Jamestown Bridge on the North Kingstown side of the bridge, suitable for use in conjunction with the fishing pier provided for in this section. The park shall be open to the general public at no charge.

SECTION 59. Sections 25-2-13 and 25-2-14 of the General Laws in Chapter 25-2 entitled "Days of Special Observance" are hereby amended to read as follows:

25-2-13. White cane safety day -- Declaration of policy. -- It is the policy of this state to encourage and enable {DEL the visually handicapped DEL} {ADD persons with vision impairments ADD} to participate fully in the social and economic life of the state and to engage in remunerative employment; to be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able bodied, unless it is shown that the particular disability prevents the performance of the work involved; to have the same right as the able bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places; and to be entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

25-2-14. White cane safety day -- Proclamation. -- Each year the governor shall take suitable public notice of October 15 as "white cane safety day". The governor shall issue a proclamation in which he or she:

(1) Comments upon the significance of the white cane;

(2) Calls upon the citizens of the state to observe the provisions of the white cane law and to take precautions necessary to the safety of the disabled;

(3) Reminds the citizens of the state of the policies with respect to {DEL the DEL} {ADD people who are ADD} disabled herein declared and urges the citizens to cooperate in giving effect to them; and

(4) Emphasizes the need of the citizens to be aware of the presence of {ADD people who are ADD} disabled {DEL persons DEL} in the community and to keep safe and functional for {DEL the DEL} {ADD people who are ADD} disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement, and resort, and other places to which the public is invited, and to offer assistance to {ADD people who are ADD} disabled {DEL persons DEL} upon appropriate occasions.

SECTION 60. Section 27-1-39 of the General Laws in Chapter 27-1 entitled "Domestic Insurance Companies" is hereby amended to read as follows:

27-1-39. Discrimination in rates prohibited. -- (a) No insurance company organized to do business within this state shall make any distinction or discrimination as to the premiums or rates charged for policies of casualty, fire, home owners, accident and health, or marine insurance, nor shall the company make or permit the rejection of an individual's application for insurance coverage, as well as the determination of the rate class for the individual, solely on the basis of a {DEL handicap or DEL} disability unless the {DEL handicap or DEL} disability is relevant to the risk of loss, nor shall any insurance company make or require any rebate, diminution, or discount upon the sum to be paid on any policy based on any disability discrimination, nor insert in the policy any condition nor make any stipulation, whereby the person insured shall bind himself or herself, his or her heirs, executors, administrators, and assigns, to accept any less sum than the full value or amount of the policy in case of a claim accruing thereon by reason of the claim of the person insured, other than those stipulations or conditions as are imposed upon all persons in similar cases, and any stipulation or condition so made or inserted shall be void.

(b) No insurance company organized to do business within this state shall make any distinction or discrimination as to the premiums or rates charged for automobile insurance policies, nor shall the company make or permit the rejection of an individual's application for insurance coverage, as well as the determination of the rate class of the individual, solely on the basis of a {DEL handicap or DEL} disability or the modification of the automobile with specialized equipment that permits an individual with a disability to operate the automobile, unless the {DEL handicap or DEL} disability or modification of the automobile is relevant to the risk or loss, nor shall any insurance company make or require any rebate, diminution, or discount upon the sum to be paid on any policy based on any disability discrimination, nor insert in the policy any condition nor make any stipulation whereby the person insured shall bind himself or herself, his or her heirs, executors, administrators, and assigns, to accept any less sum than the full value or amount of the policy in case of a claim accruing thereon by reason of the claim of the person insured, other than those stipulations or conditions as are imposed upon all persons in similar cases, and any stipulation or condition so made or inserted shall be void. The department of business regulation shall enforce the provisions of this section.

SECTION 61. Section 27-2-23 of the General Laws in Chapter 27-2 entitled "Foreign Insurance Companies" is hereby amended to read as follows:

27-2-23. Discrimination in rates prohibited. -- (a) No foreign insurance company licensed to do or doing business in this state shall make any distinction or discrimination as to the premiums or rates charged for policies of casualty, fire, home owners, accident and health, or marine insurance nor shall any company make or permit the rejection of an individual's application for insurance coverage, as well as the determination of the rate class for the individual, solely on the basis of a {DEL handicap or DEL} disability unless the {DEL handicap or DEL} disability is relevant to the risk of loss, nor shall any company make or require any rebate, diminution, or discount upon the sum to be paid on any policy based on any disability discrimination, nor insert in the policy any condition, nor make any stipulation, whereby the person insured shall bind himself or herself, his or her heirs, executors, administrators, and assigns, to accept any less sum than the full value or amount of the policy in case of a claim accruing thereon by reason of the claim of the person insured, other than conditions or stipulations as are imposed upon all persons in similar cases, and any stipulation or condition so made or inserted shall be void.

(b) No foreign insurance company licensed to do or doing business in this state shall make any distinction or discrimination as to the premiums or rates charged for automobile insurance policies, nor shall the company make or permit the rejection of an individual's application for insurance coverage, as well as the determination of the rate class of the individual, solely on the basis of a {DEL handicap or DEL} disability or the modification of the automobile with specialized equipment that permits an individual with a disability to operate the automobile, unless the {DEL handicap or DEL} disability or modification of the automobile is relevant to the risk of loss, nor shall any insurance company make or require any rebate, diminution, or discount upon the sum to be paid on any policy based on any disability discrimination, nor insert in the policy any condition, nor make any stipulation, whereby the person insured shall bind himself or herself, his or her heirs, executors, administrators, and assigns, to accept any less sum than the full value or amount of the policy in case of a claim accruing thereon by reason of the claim of the person insured, other than conditions or stipulations as are imposed upon all persons in similar cases, and any stipulation or condition so made or inserted shall be void. The department of business regulation shall enforce the provisions of this section.

SECTION 62. Section 28-12-9 of the General Laws in Chapter 28-12 entitled "Minimum Wages" is hereby amended to read as follows:

28-12-9. {DEL Handicapped workers. -- DEL} {ADD Workers with disabilities ADD}. -- The director of labor and training may provide by regulation, after public hearing at which any person may be heard, for the employment in any occupation at wages lower than the wage rates applicable under this chapter of individuals whose earning capacity is impaired by physical or mental {DEL deficiency DEL} {ADD disability ADD} as he or she may find appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the applicable wage rates under this chapter. No employee shall be employed at wages fixed pursuant to this section except under a special license issued under applicable regulations of the director of labor.

SECTION 63. Section 28-18-3 of the General Laws in Chapter 28-18 entitled "Industrial Homework" is hereby amended to read as follows:

28-18-3. Issuance of homework licenses. -- The distribution of industrial homework as defined in section 28-18-2(4) is hereby prohibited except where licenses and certificates have been obtained from the director of labor and training. The director of labor and training may issue a license as provided in this chapter only if the employer maintains an establishment in this state in which persons are employed on operations the same as or similar to the proposed homework operations and if the homeworker is paid at least the same rate as that paid to workers on the same or similar operations in the establishment. The director of labor and training shall issue licenses to employers and certificates permitting industrial homework to industrial homeworkers who have reached the age of fifty (50) years, or who are physically {ADD disabled and ADD} {DEL handicapped so as DEL} not {DEL to be DEL} able to go to the employer's place of business to work. The director of labor and training shall issue licenses to employers and certificates to industrial homeworkers regardless of whether the homeworkers are physically {DEL handicapped DEL} {ADD disabled ADD} or have reached the age of fifty (50) years, in any industry where homework is customary in Rhode Island, permitting the industrial homework; provided, however, that the director of labor and training shall not issue the licenses in any cases or industries where it would unduly jeopardize the factory workers in the industry both as to wages and working conditions, or it would unduly injure the health and welfare of the industrial homeworker himself or herself or it would unduly jeopardize the public health and safety to have those industrial homework products distributed, or in any industry where experience has proven that homework in that industry is not susceptible of effective regulation.

SECTION 64. Section 28-33-41 of the General Laws in Chapter 28-33 entitled "Workers' Compensation--Benefits" is hereby amended to read as follows:

28-33-41. Rehabilitation of injured persons -- Panel of rehabilitation advisors -- Reports required. -- (a) (1) The department and the workers' compensation court shall expedite the rehabilitation of and the return to remunerative employment of all {ADD employees who are ADD} disabled {DEL employees DEL} injured subject to chapters 29 -- 38 of this title.

(2) Rehabilitation means the prompt provision of appropriate services necessary to restore an {ADD employee who is ADD} occupationally injured or diseased {DEL employee DEL} to his or her optimum physical, mental, vocational, and economic usefulness. This may require medical, vocational, and/or reemployment services to restore an {ADD employee who is ADD} occupationally disabled {DEL employee DEL} as nearly as possible to his or her pre-injury status. As a procedure, rehabilitation may include three (3) overlapping and interrelated components:

(i) Medical restorative services.. - (A) Medical treatment and related services needed to restore the {ADD employee who is ADD} occupationally disabled {DEL employee DEL} to a state of health as near as possible to that which existed prior to the occupational injury or disease. These services may include, but are not limited to, the following: medical, surgical, hospital, nursing services, attendant care, chiropractic care, physical therapy, occupational therapy, medicines, prostheses, orthoses, other physical rehabilitation services, including psychosocial services, and reasonable travel expenses incurred in procuring the services.

(B) Treatment by spiritual means.. - (I) Nothing in this chapter shall be construed to require an employee who in good faith relies on or is treated by prayer or spiritual means by a duly accredited practitioner of a well recognized church to undergo any medical or surgical treatment, and weekly compensation benefits may not be suspended or terminated on the grounds that the employee refuses to accept recommended medical or surgical benefits. The employee shall submit to all physical examinations as required by chapters 29 -- 38 of this title.

(II) However, a private employer, insurer, self-insurer or group self-insurer may pay or reimburse an employee for any costs associated with treatment by prayer or spiritual means.

(ii) Vocational restorative services.. - Vocational services needed to return the {DEL disabled DEL} employee {ADD with a disability ADD} to his or her pre-injury employment or, if that is not possible, to a state of employability in suitable alternative employment. These services may include, but are not limited to, the following: psychological and vocational evaluations, counseling, and training.

(iii) Reemployment services.. - Services used to return the {ADD employee who is ADD} occupationally disabled {DEL employee DEL} to suitable, remunerative employment as adjudged by his or her functional and vocational ability at that time.

(3) To this end, there is hereby created a panel of workers' compensation medical advisors consisting of physicians, psychologists, ergonomists, and physical and vocational rehabilitation specialists who shall be appointed by the director as provided in subsection (f). Upon request, members of the panel shall advise the director in matters pertaining to rehabilitation of injured workers whose condition is reported to the director as provided herein.

(b) (1) Any employer or any injured employee with total disability or permanent partial disability to whom the insurance carrier or certificated employer has paid compensation for a period of three (3) months or more, and to whom compensation is still being paid, or his or her employer or insurer may submit a proposal for a rehabilitation program to the director for approval.

(2) Action shall be taken as in the judgment of the director shall seem practicable and likely to speed the recovery and rehabilitation of injured workers; provided, however, that rehabilitative services shall be appropriate to the needs and capabilities of injured workers.

(3) Prior to the approval of any rehabilitation program by the director, the insurance carrier or self-insured employer and the injured worker must be notified of the contents of the proposed program and provided an opportunity to respond to it.

(c) Compensation payments shall not be diminished or terminated while the employee is participating in a rehabilitation program approved by the director, or while a proposal for approval of a rehabilitation plan has been filed with the department of labor and training prior to the date on which an employer's petition to reduce or terminate benefits has been filed, while the plan is pending approval by the director. Provided, however, that compensation payments shall be suspended while an injured employee wilfully refuses to participate in a rehabilitation program approved by the director. When the employee has completed an approved rehabilitation program, the rehabilitation provider shall recommend, in the instance of vocational rehabilitation, an earnings capacity, or in the instance of physical rehabilitation provided or prescribed by a physician, a degree of functional impairment, and the employee shall be referred to the court for an earnings capacity adjustment to benefits, unless the employee has returned to gainful employment.

(d) Entry by an employee to the Donley Rehabilitation Center or any other rehabilitative program approved by the director after an employer's petition or notice of intention to discontinue, suspend, or reduce payments has been filed and is pending shall only be by order of the workers' compensation court after notice and opportunity to be heard.

(e) The employer shall bear the expense of rehabilitative services agreed to or ordered pursuant to this section. If those rehabilitative services require residence at or near or travel to a rehabilitative facility, the employer shall pay the employee's reasonable expense for board, lodging, and/or travel.

(f) The director shall appoint as many members of the panel of advisors as shall be necessary.

(g) Except for the provisions of this section, the provisions of section28-33-8 shall remain in full force and effect.

(h) For the purposes of this section, the director shall promulgate rules and regulations pursuant to chapter 35 of title 42 for certifying rehabilitation providers, evaluators, and counselors, and the director shall maintain a registry of those persons so certified. No plan of rehabilitation submitted to the director requiring the services of a rehabilitation counselor shall be approved unless the counselor is certified by the director.

(i) Review of a director's determination.

(1) Any party aggrieved of a determination made by the director of the department of labor, or his or her designee, pursuant to this section, may institute proceedings to review said determination by filing a petition with the workers' compensation court. The petition shall set forth the date of the order, and a concise statement of the grounds upon which the appellant seeks relief. No responsive pleading need be filed unless required by statute or by order of the workers' compensation court.

(2) The appellant shall file the petition to review the director's order, together with a copy of the decision and order to be reviewed, within thirty (30) days of the date on which the order was entered.

(3) Upon receipt of the petition to review the order of the director, the workers' compensation court administrator's office shall assign the matter to a judge who shall fix a date upon which legal memoranda shall be filed with the workers' compensation court. In the event that either party seeks to rely upon evidence introduced before the director in support of their arguments, the party shall submit the necessary portions of the transcript of the hearing with their memoranda.

(4) The review proceeding shall be governed by the workers' compensation court rules of procedure and shall be confined to the record. In cases of alleged irregularities in procedure before the director, not shown in the record, proof and/or evidence thereon may be taken in the workers' compensation court.

(5) The workers' compensation court shall not substitute its judgment for that of the director as to the weight of the evidence on questions of fact. The workers' compensation court may affirm the decision of the director or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, conclusions, or decisions are: (i) in violation of constitutional or statutory provisions; (ii) in excess of the statutory authority of the director; (iii) made upon unlawful procedure; (iv) affected by other error of law; (v) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole records; or (vi) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(6) During the pendency of the appeal the determination made by the director of the department of labor and training, or his or her designee, shall be stayed.

SECTION 65. Section 28-34-7 of the General Laws in Chapter 28-34 entitled "Workers' Compensation--Occupational Diseases" is hereby amended to read as follows:

28-34-7. Concealment of previous disease -- Occupational disease as partial cause. -- No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, or thereafter, wilfully and falsely represents in writing that he or she has not previously {DEL suffered from DEL} {ADD had ADD} the disease which is the cause of the disability or death. Where an occupational disease is aggravated by any other disease or infirmity, not itself compensable, or where disability or death from any other cause, not itself compensable, is aggravated, prolonged, accelerated, or in any way contributed to by an occupational disease, the compensation payable shall be the proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as that occupational disease, as a causative factor, bears to all the causes of that disability or death, the reduction in compensation to be effected by reducing the number of weekly payments or the amounts of the payments, as under the circumstances of the particular case may be for the best interests of the claimant or claimants.

SECTION 66. Sections 29-3.1-2.2 and 29-3.1-7 of the General Laws in Chapter 29-3.1 entitled "Department of State Library 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) (i) The library board shall consist of seventeen (17) members. The governor shall appoint fifteen (15) members, four (4) of whom shall be representative of general library users. The remainder of the governor's appointments shall be representative of the following:

(A) Users of the {DEL regional library for the blind and physically handicapped, DEL} {ADD talking books plus ADD} economically disadvantaged, and corporate or special librarians; school library media specialists;

(B) Librarians serving {ADD people who are ADD} institutionalized {DEL persons DEL};

(C) Public library trustees and statewide library advocacy group; and

(D) Librarians from small public libraries, librarians from large or medium public libraries, and academic librarians.

(ii) The chair of the senate finance committee or a designee and the chair of the house finance committee or a designee shall also serve on the library board. The commissioner for elementary and secondary education or a designee and the 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.

(iii) Board members shall receive no compensation for their services but shall be allowed travel expenses related to attendance at board meetings.

29-3.1-7. Duties of chief information officer. -- The chief information 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 and he or she shall serve as the chief executive officer of the library board. The chief information officer 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 information officer:

(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 department of education;

(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 {ADD persons who are impaired, ADD} blind {ADD , reading impaired ADD} and {ADD /or ADD} physically {DEL handicapped citizens DEL} {ADD impaired ADD} with library services through {DEL a regional library for the blind and physically handicapped DEL} {ADD the talking books plus, ADD} in cooperation with the 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 67. Section 30-24-10 of the General Laws in Chapter 30-24 entitled "Rhode Island Veterans' Home" is hereby amended to read as follows:

30-24-10. Admissible to home -- Fees. -- (a) Any person who has served in the army, navy, marine corps, coast guard, or air force of the United States for a period of ninety (90) days or more and that period began or ended during any foreign war in which the United States shall have been engaged or in any expedition or campaign for which the United States government issues a campaign medal, and who was honorably discharged therefrom, and who shall be deemed to be in need of care provided at the Rhode Island veterans' home, may be admitted to that facility subject to such rules and regulations as shall be adopted by the director of human services to govern the admission of applicants to the facility. Any person who has served in the armed forces of the United States designated herein and otherwise qualified, who has served less than the ninety-day period described herein, and who was honorably discharged from service, and who, as a result of the service, acquired a service-connected disability or disease, may be admitted. No person shall be admitted to the facility unless the person has been accredited to the enlistment or induction quota of the state or has resided in the state for at least two (2) consecutive years next prior to the date of the application for admission to the facility.

(b) (1) The director shall, at the end of each fiscal year, determine the net per diem expenses of maintenance of residents in the facility and shall assess against each resident who has "net income", as defined herein, a fee equal to ninety percent (90%) of the resident's net income, provided that fee shall not exceed the actual cost of care and maintenance for the resident; and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall be allocated to and deposited in the veterans' restricted account. For the purposes of this section, "net income" is defined as gross income minus applicable federal and state taxes and minus:

(i) An amount equal to ninety dollars ($90) per month of residency and fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the purple heart; and

(ii) The amount paid by a resident for the support and maintenance of his or her spouse, parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as defined in title XVI of the Federal Social Security Act, 42 U.S.C. 1381 -- 1383d, subject to a maximum amount to be determined by rules and regulations as shall be adopted by the director.

(2) The fees shall be paid monthly to the home and any failure to make payment when due shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded administrative due process.

(c) Admissions to the veterans' home shall be made without discrimination as to race, color, national origin, religion, sex, {DEL handicap, DEL} {ADD disability, ADD} assets, or income.

SECTION 68. Section 31-1-3 of the General Laws in Chapter 31-1 entitled "Definitions and General Code Provisions" is hereby amended to read as follows:

31-1-3. Types of vehicles. -- (a) Vehicle.. - Every device in, upon, or by which any person or property is or may be transported or drawn upon, a highway, excepting devices used exclusively upon stationary rails or tracks.

(b) Motor vehicle.. - Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved exclusively by human power and motorized wheelchairs.

(c) Automobile.. - (for registration purposes) Every motor vehicle carrying passengers other than for hire.

(d) Motorcycle.. - Only those motor vehicles having not more than three (3) wheels in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper motors as defined in subsection (s).

(e) Motor driven cycle.. - Every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) horsepower, except bicycles with helper motors as defined in subsection (s).

(f) Antique motor car.. - (1) Antique motor car shall mean any motor vehicle which is more than twenty-five (25) years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be maintained solely for use in exhibitions, club activities, parades and other functions of public interest and may not be used primarily for the transportation of passengers or goods over any public highway.

(2) Any such vehicle which is fully inspected and meets the inspection requirements of this state may be issued a registration plate upon payment of the standard fee therefor and be operated on the highways of this state and other states and may in addition to the registration plate retain the designation "antique" and display an "antique plate" as well.

(g) Motor vehicle for hire.. - Every motor vehicle other than jitneys, public busses, hearses, and motor vehicles used chiefly in connection with and the conduct of funerals, used for transporting persons for which compensation in any form is received, or motor vehicles rented for transporting persons either with or without furnishing an operator.

(h) Jitney or bus.. - (1) Every motor vehicle, trailer, semitrailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers for hire, and operated wholly or in part upon any street or highway in such manner as to afford a means of transportation similar to that afforded by a street railway company, by indiscriminately receiving or discharging passengers; or running on a regular route or over any portion thereof; or between fixed termini is hereby defined as a public bus.

(2) Every motor vehicle other than a public bus or passenger van, designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle other than a taxicab designed and used for the transportation of persons for compensation is hereby defined as a private bus.

(i) School bus.. - Every motor vehicle owned by a public or governmental agency, and while being operated for the transportation of children to or from school or privately owned, and while being operated for compensation for the transportation of children to or from school.

(j) Trackless trolley coach.. - Every motor vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated on rails.

(k) Authorized emergency vehicle.. - Vehicles of the fire department (fire patrol), police vehicles, vehicles used by Rhode Island state marshals in the department of corrections and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the registrar.

(l) Bicycle.. - Every vehicle propelled exclusively by human power upon which any person may ride, having two (2) tandem wheels except scooters and similar devices.

(m) Hearse.. - Every motor vehicle used for transporting dead human bodies, and a hearse shall be considered as an automobile for registration purposes.

(n) Suburban vehicle.. - Every motor vehicle with a convertible or interchangeable body or with removable seats, usable for both passenger and delivery purposes, and including motor vehicles commonly known as station or depot wagons or any vehicle into which access can be gained through the rear by means of a hatch or trunk and where the rear seats can be folded down to permit the carrying of articles as well as passengers.

(o) Travel trailer.. - A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, camping, recreational, and vacation uses, and when equipped for the road has a body width not exceeding eight feet (8') and which is eligible to be registered for highway use.

(p) Pick-up coach or pick-up camper.. - A structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, camping, recreational, and vacation uses, and which is eligible to be registered for highway use.

(q) Motorized camper.. - A portable dwelling designed and constructed as an integral part of a self-propelled vehicle used as a temporary dwelling for travel, camping, recreational, and vacation use and which is eligible to be registered for highway use.

(r) Tent trailer.. - A canvas, folding structure, mounted on wheels, used as a temporary dwelling for travel, camping, recreational, and vacation uses, and which is eligible to be registered for highway use.

(s) Motorized bicycles.. - Two-wheel vehicles which may be propelled by human power and/or helper power, or by both, with a motor rated not more than 1.5 brake horsepower or 2 (S.A.E.) horsepower which is capable of a maximum speed of not more than thirty (30) miles per hour.

(t) Motorized tricycles.. - Tricycles which may be propelled by human power or helper motor, or by both, with a motor rated no more than 1.5 brake horsepower which is capable of a maximum speed of not more than thirty (30) miles per hour.

(u) Motorized wheelchair.. - Any self-propelled vehicle designed for, and used by, a {DEL handicapped DEL} person {ADD with a disability ADD} that is incapable of speed in excess of eight (8) miles per hour.

(v) Passenger van.. - Every motor vehicle capable of carrying ten (10) to fourteen (14) passengers plus an operator and used for personal use or not a not-for-hire basis. Passenger vans may also be used as a vanpool transporting passengers to and from work locations; provided that the operator receives no remuneration other than free use of the vehicle.

(w) Antique motorcycle.. - (1) Antique motorcycle shall mean any motorcycle which is more than twenty-five (25) years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be maintained solely for use in exhibitions, club activities, parades and other functions of public interest and may not be used primarily for the transportation of passengers or goods over any public highway.

(2) Any such vehicle which is fully inspected and meets the inspection requirements of this state may be issued a registration plate upon payment of the standard fee therefor and be operated on the highways of this state and other states and may in addition to the registration plate retain the designation "antique" and display an "antique plate" as well.

SECTION 69. Sections 31-10-22 and 31-10-44 of the General Laws in Chapter 31-10 entitled "Operators' and Chauffeurs' Licenses" are hereby amended to read as follows:

31-10-22. Road test. -- All applicants for a motor vehicle license shall pass a motor vehicle road test as prescribed by the registrar in a motor vehicle supplied by the applicant or in a dual controlled motor vehicle supplied by the state, except in the case of the examination for a chauffeur to operate a truck, tractor, trailer, tractor semitrailer, bus, or other vehicle for hire or a person who will operate only a vehicle equipped with automatic shift or a person who is {DEL handicapped DEL} {ADD disabled ADD} and requires the use of a specially equipped motor vehicle, those persons to be examined in vehicles furnished by them; and at the option of any {DEL handicapped DEL} person {ADD who is disabled ADD}, the road test shall be administered by the local office of the registry of motor vehicles nearest that {DEL handicapped DEL} person's home.

31-10-44. Medical advisory board. -- (a) There shall be established within the registry a medical advisory board to function solely as an advisory panel to the registrar of motor vehicles on the subjects of physical and mental fitness standards for licensure to operate a motor vehicle and eligibility standards for {DEL handicapped DEL} {ADD disability ADD} parking privileges. When any person's eligibility or continuing eligibility for a license is questioned on the grounds of physical or mental fitness, the registrar may consult with relevant specialist members of the medical advisory board in determining that person's qualifications to operate a motor vehicle.

The registrar may also consult with relevant specialist members of the medical advisory board in making determinations of eligibility for {DEL handicapped DEL} {ADD disability ADD} parking privileges.

(b) In accordance with chapter 35 of title 42, on or before February 1, 1999, the registrar shall establish by regulations functional standards for determining physical and mental fitness for motor vehicle licensure. The promulgated standards will be based on current medical knowledge and objective data regarding fitness to safely operate motor vehicles, and will conform to the requirements of the Americans With Disabilities Acts and chapter 87 of title 42. In developing those functional standards the registrar shall consult with knowledgeable health and rehabilitation professionals including the Medical Society of Rhode Island and the medical advisory board.

(c) [Deleted by P.L. 1998, ch. 89, section 1.]

(d) [Deleted by P.L. 1998, ch. 89, section 1.]

(e) The medical board shall consist of a physician in general practice, a neurologist, a psychiatrist, an optometrist, and an orthopedic physician who shall be appointed by the governor, and a physician from the Rhode Island department of health designated by the director of health who shall serve ex officio, and two (2) members of the general public approved by the governor, one of whom shall be representative of the elderly, and one of whom shall be representative of the {DEL handicapped or DEL} {ADD people who are ADD} disabled. These members shall be appointed for a period of three (3) years.

(f) Any physician or optometrist who diagnoses a physical or mental condition which in the physician's or optometrist's judgment will significantly impair the person's ability to operate safely a motor vehicle may voluntarily report the person's name and other information relevant to the condition to the medical advisory board within the registry of motor vehicles.

(g) Any physician or optometrist reporting in good faith and exercising due care shall have immunity from any liability, civil or criminal, that otherwise might result by reason of his or her actions pursuant to this section. No cause of action may be brought against any physician or optometrist for not making a report pursuant to this section.

(h) For the purposes of this section, a "physician" shall be any person practicing medicine requiring a license pursuant to chapter 37 of title 5, and an "optometrist" is any person as defined in section 5-35-1.

(i) Members of the medical board shall receive, as compensation for their services thereon, fifty dollars ($50.00) per meeting, except for the ex officio members; provided, however, that no member shall receive more than seven hundred dollars ($700) per annum pursuant to this section. They shall meet at the request of the registrar at a time convenient to them.

SECTION 70. Section 31-18-15 of the General Laws in Chapter 31-18 entitled "Pedestrians" is hereby amended to read as follows:

31-18-15. Blind or deaf pedestrians not guided by dog or carrying white cane. -- Nothing contained in sections 31-18-13 -- 31-18-16, inclusive, shall be construed to deprive any {DEL totally or partially blind or deaf DEL} person {ADD who is blind, visually impaired, or deaf ADD}, not carrying a cane or walking stick, or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of the {DEL totally or partially blind, deaf, or otherwise incapacitated DEL} person {ADD who is blind, visually impaired or deaf ADD} to carry a cane or walking stick, or to be guided by a guide or signal dog upon the streets, highways, or sidewalks of this state, be held to constitute nor be evidence of contributory negligence.

SECTION 71. Section 31-21-4 of the General Laws in Chapter 31-21 entitled "Stopping, Standing, and Parking Restrictions" is hereby amended to read as follows:

31-21-4. Places where parking or stopping prohibited. -- No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places:

(1) On a sidewalk;

(2) In front of a public or private driveway;

(3) Within an intersection;

(4) Within eight feet (8') of a fire hydrant;

(5) On a crosswalk;

(6) Within twenty feet (20') of a crosswalk at an intersection;

(7) Within thirty feet (30') upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;

(8) Between a safety zone and the adjacent curb, or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless the (traffic authority) indicates a different length by signs or markings;

(9) Within fifty feet (50') of the nearest rail of a railroad crossing;

(10) Within twenty feet (20') of the driveway entrance to any fire station, and on the side of a street opposite the entrance to any fire station within seventy-five feet (75') of the entrance (when properly signposted);

(11) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

(12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(14) At any place where official signs prohibit stopping;

(15) At any curbcut or ramp for {DEL handicapped DEL} persons {ADD with disabilities ADD}.

SECTION 72. Sections 31-28-4, 31-28-6, 31-28-7 and 31-28-7.1 of the General Laws in Chapter 31-28 entitled "Parking Facilities and Privileges" are hereby amended to read as follows:

31-28-4. {DEL Exemption of handicapped persons from payment of fees DEL} {ADD Exemption of persons with disabilities from payment of fees. -- ADD} (a) No city or town or any agency thereof shall exact any fee for parking on the public highways or in any metered parking space from any person who has been issued a {DEL handicapped DEL} {ADD disability ADD} parking privilege placard or sticker pursuant to section 31-28-7, 31-28-7.1 or 31-29-5 nor from the owner of the motor vehicle transporting the {DEL handicapped DEL} person {ADD with a disability ADD}, provided that upon which vehicle there is displayed such {DEL handicapped DEL} {ADD disability ADD} parking placard or sticker as shall be issued by the registry of motor vehicles.

(b) [Deleted by P.L. 1996, ch. 314, section 1 and by P.L. 1996, ch. 323, section 1.]

31-28-6. {DEL Overtime parking by handicapped persons exempt from fees. DEL} {ADD Overtime parking by persons with a disability exempt from fees. -- ADD} No penalty shall be imposed upon any {DEL handicapped DEL} person {ADD with a disability ADD} issued a {DEL handicapped DEL} {ADD disability ADD} parking privilege placard or sticker pursuant to section 31-28-7, 31-27-7.1 or 31-29-5, nor from the motor vehicle transporting the {DEL handicapped DEL} person {ADD with a disability ADD}, provided that upon which such vehicle there is displayed such {DEL handicapped DEL} {ADD disability ADD} parking placard or sticker for parking on the highways or in a space for a longer period of time than other persons are permitted to park on the highways or in a space, but nothing herein shall be deemed to authorize the person to park in any place at any time where parking is prohibited.

31-28-7. {DEL Motor vehicle plates for handicapped persons -- Entitlement -- Designated parking spaces -- Violations. DEL} {ADD Motor vehicle plates for persons with disabilities -- Entitlement -- Designated parking spaces -- Violations. -- ADD} (a) (1) {DEL Handicapped persons DEL} {ADD Persons ADD}, as defined in subsection (d), upon application and proof of permanent or long-term {DEL handicap DEL} {ADD disability ADD} to the registry of motor vehicles, shall be issued one motor vehicle {DEL handicapped DEL} {ADD disability ADD} parking privilege placard or in the case of a motorcycle, one motor vehicle sticker, of blue which shall be imprinted with the white international symbol of access, certificate number, the words "Rhode Island Handicap Parking Permit" {ADD [on or after July 1, 2000, "Rhode Island Disability Parking Permit"] ADD} and shall bear the expiration date upon its face. A placard or motorcycle sticker issued to a person whose {DEL handicap DEL} {ADD disability ADD} is temporary shall be substantially similar to that issued to a person with a permanent or long term {DEL handicap DEL} {ADD disability ADD}. The temporary placard, however, shall be a red placard with a white international symbol of access, certificate number, the words "Temporary Rhode Island Handicap Parking Permit" {ADD [or after July 1, 2000, "Rhode Island Disability Parking Permit"] ADD} and shall bear the expiration dates upon its face. Persons issued a placard or motorcycle sticker pursuant to this section shall be entitled to the immunities of sections 31-28-4 and 31-28-6 herein. The placard shall conform to the Uniform Parking System for Disabled Drivers standard issued by the United States Department of Transportation. If an application for a placard or motorcycle sticker is denied, the registry of motor vehicles shall promptly so notify the applicant in writing, stating the specific reason(s) for such denial.

(2) A placard issued pursuant to this section shall be portable and used only when the person is being transported. The placard is to be hung from the rear view mirror so as to be seen through the front or rear windshield of the motor vehicle. A placard may be issued to a {DEL handicapped DEL} person {ADD with a disability ADD} who does not own a motor vehicle, to be used only when he or she is being transported. A motorcycle sticker issued pursuant to this section shall not be portable and shall be affixed to the rear plate of the motorcycle.

(3) (A) The certificate of entitlement to the placard or motorcycle sticker shall be renewed every three (3) years for individuals with a long-term {DEL handicap DEL} {ADD disability ADD} as defined in subsection (d), and the renewal application shall require a physician's certification that the condition has not changed since the previous approval, and three (3) years for individuals with a permanent {DEL handicap DEL} {ADD disability ADD} as defined in subsection (d), in accordance with a schedule prepared by the registry of motor vehicles that uses the last name of an individual to determine the month of renewal. If an application or subsequent renewal is accompanied by a physician's certification that the applicant's condition is a chronic, permanent impairment and such application is approved, then any subsequent renewal shall be authorized upon receipt of an affidavit that his or her condition has not changed since the previous approval.

(B) The certificate of entitlement to the placard or motorcycle sticker shall be covered with plastic or similar material. The applicant shall, upon timely renewal, receive a sticker bearing the expiration date of the certificate of entitlement to be affixed across the expiration date of the {DEL handicapped DEL} {ADD disability parking privilege ADD} placard or in the case of a motorcycle the applicant shall receive a new motorcycle sticker. The registry of motor vehicles shall establish rules and regulations allowing for the renewal of the certificates of entitlement by mail.

(C) Whenever the registry of motor vehicles proposes to suspend, revoke or fail to renew the certificate of entitlement for noncompliance with the requirements of subsection (a) or for violation of subsection (d) of this section the individual shall first be entitled to a hearing before the registry to contest the proposed action. At the hearing, the registry shall bear the burden of proof that the individual is not entitled to the placard or motorcycle sticker pursuant to this chapter. There shall be no renewal fee charged for the placards or motorcycle sticker. The registry of motor vehicles shall be authorized to issue a temporary {DEL handicapped DEL} {ADD disability parking privilege ADD} placard or motorcycle sticker immediately upon receipt of an application for individuals with a temporary impairment, as defined in subsection (4). A temporary placard or motorcycle sticker shall be valid for sixty (60) days from the date of issuance. Temporary placards or motorcycle stickers may be renewed for a period of one (1) year or less, as determined by the medical advisory board upon application if the disability persists. The registry of motor vehicles shall subsequently review the applications in accordance with the procedures currently in effect as to applications from persons whose {DEL handicap DEL} {ADD disability ADD} is long term. Any issuance which, after subsequent review, shall be found to be inappropriate shall be revoked and notice thereof sent to the applicant.

(4) (A) A person, other than a {DEL handicapped DEL} person {ADD with a disability ADD}, who for his or her own purposes uses the parking privilege placard, shall be fined one hundred dollars ($100) for each violation. A person issued a special placard who uses the placard after expiration, or who shall allow unauthorized use of the {ADD disability ADD} parking placard {ADD or sticker ADD} may be subject to revocation of the use of the placard by the registry, and subject to a fine of one hundred dollars ($100).

(b) {DEL Handicapped DEL} {ADD Disability ADD} parking spaces shall be designated and identified by the posting of signs above ground level incorporating the international symbol of access of white on blue, and the words "Handicapped Parking {DEL . DEL}" {ADD , "Disability Parking," "Disabled Parking," or "Reserved Parking." ADD}

(c) (1) A person, other than a person issued a special placard or motorcycle sticker pursuant to this section, who parks a vehicle in a parking space designated for {DEL the handicapped DEL} {ADD persons with disabilities ADD}, shall be fined seventy-five dollars ($75.00) for a first violation, one hundred fifty dollars ($150) for a second violation and three hundred dollars ($300) for a third or subsequent violation. The vehicle may be subject to towing at the owner's expense. Provided further, however, that it shall not be unlawful for a person to park a vehicle in a space designated for {DEL the handicapped DEL} {ADD person with disabilities ADD} if that person is transporting a person who has been issued a special placard and is properly displaying the placard on the vehicle.

(2) Enforcement of the parking provisions of this section shall be enforced by the local or state authorities on public or private property when the location of the parking spaces is within the purview of the state building code.

(d) Definitions.. - For the purpose of this section

(1) {DEL "Handicapped" DEL} {ADD "Disabled" or disability" ADD} means a permanent or long-term impairment which prevents or impedes walking, which shall include but not be limited to: an impairment which prevents walking and requires use of a wheelchair; an impairment which involuntarily causes difficulty or insecurity in walking or climbing stairs with or without the need to use braces, crutches, canes or artificial support; an impairment caused by amputation, arthritis, blindness (including legally blind), or orthopedic condition; or an impairment in respiratory, circulatory, or neurological health which limits the person's walking capability. {DEL Handicapped persons DEL} {ADD Persons with disabilities ADD} may be capable of working or may be presently working.

(2) "Permanent {ADD disability ADD} {DEL handicap DEL}" means an impairment which is non-reversible.

(3) "Long-term {DEL handicap DEL} {ADD disability ADD}" means an impairment which is potentially reversible or may improve with appropriate medical treatment. At the time of application and or renewal, the impairment should not be expected to improve prior to the expiration of the certification, to a point where the individual does not meet the provisions of subsection (d)(1) above.

(4) "Temporary impairment" means an impairment which is expected to improve to a point where the individual does not meet the provisions of subsection (d)(1) above, within two (2) years of the application.

(e) The department of administration shall inform each licensed driver of the certificate procedures and parking restrictions of this section and sections 31-28-4 and 31-28-6, and provided, further, that a facsimile of the portable placards and motorcycle stickers issued under this section shall be sent to the enforcing authority of each state, and each enforcing authority shall be informed of the parking restrictions of this section and sections 31-28-4 and 31-28-6. Recipients of {DEL handicapped DEL} {ADD disability ADD} parking {ADD privilege ADD} placards shall also receive instructions on their use and the penalties for misuse, when the placard is initially issued.

31-28-7.1. {DEL Motor vehicle placards for group care facilities, government agencies, nonprofit organizations or companies serving the handicapped. DEL} {ADD Motor vehicle placards for group care facilities, government agencies, nonprofit organizations or companies serving people with disabilities. -- ADD} (a) Upon application to the registry of motor vehicles, any group care facility, government agency, non-profit organizations or company that provides services to {DEL handicapped DEL} persons {ADD with disabilities ADD} shall be issued one or more portable motor vehicle placards as described in section 31-28-7(a)(1) and (2).

(b) The applicant shall provide to the registry proof that the applicant is a bona fide group care facility, government agency, non-profit organization or company providing services to {DEL handicapped DEL} persons {ADD with disabilities ADD} as defined in section 31-28-7(d).

(c) The registry shall not issue more than ten (10) placards to any one facility. The number of placards to be issued shall be determined by the registry based upon the number of persons served by the facility and the frequency with which the staff of the facility must transport the clients or patients of the facility.

(d) The placards shall be used only by agents or employees of the facility and only when transporting {DEL handicapped DEL} persons {ADD with disabilities ADD} who are clients or patients of the facility. The placard is to be hung from the rear view mirror as to be seen through the front and rear windshield of the motor vehicle.

(e) A person other than an agent or employee of the facility to which the placard was issued, or an agent or employee of the facility not engaged in transporting clients or patients of the facility, who uses the parking privilege placards for his or her own purposes, shall be fined one hundred dollars ($100.00) for each violation. A facility that allows the unauthorized use of the placards may be subject to revocation of the use of the placard by the registry.

SECTION 73. Section 31-29-5 of the General Laws in Chapter 31-29 entitled "Reciprocity Agreements" is hereby amended to read as follows:

31-29-5. {DEL Handicapped reciprocity agreements. DEL} {ADD Disability Parking reciprocity agreements. -- ADD} The reciprocity board is hereby authorized to enter into reciprocity agreements with any state in the United States of America or the District of Columbia concerning parking privilege for {DEL handicapped DEL} individuals {ADD with disabilities ADD}.

SECTION 74. Section 31-41-4 of the General Laws in Chapter 31-41 entitled "Administrative Payment of Certain Traffic Offenses" is hereby amended to read as follows:

31-41-4. Violations to which applicable and schedule. -- The penalties for violations of the enumerated sections correspond to the fines described; provided, however, second and subsequent moving offenses, punishments which may vary according to the severity of the offense, or punishments which require the violator to perform a service, shall be heard and decided by the administrative adjudication court or municipal court. The following violations may be handled administratively through the method as prescribed in the chapter; provided, however, this list is not exclusive and jurisdiction may be conferred on the administrative adjudication court with regard to other violations.

Fines provided for in section 31-22-22 shall not be supplemented with additional assessments under this chapter.

excess of posted speed limit, mandatory hearing at AAD, with a fine of ten dollars ($10.00) per mile in excess of speed limit shall be assessed.

Mail certified check or money order only, together with properly executed form provided to the appropriate address as set forth in the summons.

SECTION 75. Section 31-47-8.1 of the General Laws in Chapter 31-47 entitled "Motor Vehicle Reparations Act" is hereby amended to read as follows:

31-47-8.1. Verification of proof of financial security. -- (a) The registrar shall select random samples of registrations of motor vehicles subject to this chapter, or owners thereof, for the purpose of verifying whether or not the motor vehicles have proof of financial security as defined in this chapter. The registrar shall verify such proof of financial security by sending requests for verification to the owner and/or insurer of such randomly selected motor vehicles.

(b) In addition to such general random samples of motor vehicle registrations, the registrar shall select for verification other random samples, including, but not limited to registrations of motor vehicles owned by persons:

(1) Whose motor vehicle registrations during the preceding four (4) years have been suspended pursuant to the provisions of this chapter;

(2) Who during the preceding four (4) years have been convicted of violating the provisions of this chapter while operating vehicles owned by other persons;

(3) Whose driving privileges have been suspended during the preceding four (4) years; or

(4) Who during the preceding four (4) years acquired ownership of motor vehicles while the registrations of such vehicles under the previous owners were suspended pursuant to the provisions of this chapter.

(c) Upon receiving certification from the department of transportation under section 31-26-6 of the name of an owner or operator of any motor vehicle involved in an accident, the registrar shall verify whether or not at the time of the accident such motor vehicle was covered by proof of financial security as defined in this chapter.

(d) The registrar shall send to owners of randomly selected motor vehicles, or to randomly selected motor vehicle owners, requests for information about their motor vehicles and proof of financial security. The request shall require the owner to state whether or not the motor vehicle had proof of financial security on the verification date stated in the registrar's request and the request may require, but is not limited to, a statement by the owner of the names and addresses of insurers, policy numbers, and expiration dates of insurance coverage or similar information as to other types of proof of financial security.

(1) Within twenty (20) days after the registrar mails a request, the owner to whom it is sent shall furnish the requested information to the registrar above the owner's signed affirmation that such information is true and correct. Proof of financial security in effect on the verification date, as prescribed by the registrar, may be considered by the registrar to be a satisfactory response to the request for information.

(2) If the owner responds to the request for information by asserting that his, her or its motor vehicle was covered by proof of financial security on the verification date stated in the registrar's request, the registrar may conduct a verification of the response by furnishing necessary information to any insurer named in the response. The insurer shall within twenty (20) days inform the assistant director if an individual did not have in force motor vehicle insurance in accordance with the provisions of this chapter.

If the registrar determines that an owner has registered or maintained the registration of a motor vehicle without proof of financial security as required by this chapter, the registrar shall notify such owner and such owner shall be deemed to have registered or maintained registration of a motor vehicle in violation of this chapter unless such owner within twenty (20) days furnishes proof of financial security in effect on the verification date as prescribed by the registrar.

(e) The registrar may send to insurers of randomly selected motor vehicles requests for verification as to whether or not the verification date given for that vehicle is true and accurate in accordance with the provisions of this chapter.

(1) The insurer shall within twenty (20) days inform the registrar if an individual did not have in force motor vehicle insurance in accordance with the provisions of this chapter.

(2) If the insurer informs the registrar that the motor vehicle was not insured by the insurer on the verification date stated in accordance with the provisions of this chapter, the registrar shall require the owner to show proof of financial security within twenty (20) days of the registrar's request. Any owner who fails to respond to such request shall be deemed to have registered or maintained registration of a motor vehicle in violation of this chapter.

(f) The registrar shall promulgate regulations for the procedures for verification of proof of financial security. The registrar shall also promulgate rules and regulations for the method in which the random selection shall be conducted.

(g) No random sample selected under this section shall be categorized on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, {DEL physical or mental handicap DEL} {ADD disability ADD}, economic status or geography.

(h) No verification procedure established under this section shall include individual inspections of motor vehicles on a highway solely for the purpose of verifying the existence of evidence of proof of financial security. The verification procedure shall be based solely upon a review of documentary information.

SECTION 76. Section 32-1-16 of the General Laws in Chapter 32-1 entitled "General Provisions" is hereby amended to read as follows:

32-1-16. {DEL Physically handicapped and persons suffering from developmental disabilities -- DEL} {ADD Preference for residents with disabilities. -- ADD} Residents of Rhode Island who {DEL are physically handicapped or suffering from DEL} {ADD have ADD} a {DEL developmental DEL} disability shall be given preference in the use of campsites and other recreational facilities over nonresidents who apply for permission to use those facilities.

SECTION 77. Section 33-15.1-2 of the General Laws in Chapter 33-15.1 entitled "Guardianship of Minors" is hereby amended to read as follows:

33-15.1-2. {DEL Guardianship for education -- Educational advocates for handicapped children under the care and custody of the state. DEL} {ADD Guardianship for education -- Educational advocates for children with disabilities under the care and custody of the state. -- ADD} Whenever the family court places a child in the care and custody of the state, it shall enter an order indicating whether the parents or guardian are to be allowed to continue to make educational decisions on behalf of the child. At the same time, the family court shall make a factual determination pursuant to section 16-64-1 as to the residence of the child's parent(s) or guardian on the date that the child is placed in the care and custody of the state, subject to section 16-64-6. Thereafter, while the child is in the care of the state, the director of DCYF shall have the duty to update the child's parent's residence in accordance with section 42-72.4-1. If the family court enters an order vesting the right to control a child's education with a state agency, and if the court or the state agency finds that the child is in need of special education, or that the child is suspected of being in need of special education, the court or state agency shall request the commissioner of elementary and secondary education to appoint an educational advocate to exercise the child's due process rights under applicable state and federal special education laws and regulations. The commissioner of elementary and secondary education shall also have the power to appoint an educational advocate when a child's parents or guardian cannot be identified or when the whereabouts of a parent cannot be determined. If a parent is identified or the whereabouts of the parent become known, then the commissioner shall terminate the appointment of the educational advocate. An educational advocate, acting in good faith, shall be immune from any liability resulting from the performance of his or her duties as an educational advocate.

SECTION 78. Section 33-16-29 of the General Laws in Chapter 33-16 entitled "Veterans' Guardianships" is hereby amended to read as follows:

33-16-29. {DEL Transfer of mental patients to federal agencies. DEL} {ADD Transfer of persons with mental illness to federal agencies. -- ADD} Upon receipt of a certificate of the veterans administration or other agency of the United States that facilities are available for the care or treatment of any person theretofore committed to any hospital {DEL for the insane DEL} or other institution for the care or treatment of persons {ADD with mental illness ADD} {DEL similarly afflicted DEL} and that the person is eligible for care or treatment, the superintendent of the institution may cause the transfer of the person to the veterans administration or other agency of the United States for care or treatment. Upon effecting any transfer, the committing court or proper court officer shall be notified of the transfer by the transferring agency. No person shall be transferred to the veterans administration or other agency of the United States if he or she be confined pursuant to conviction of any felony or misdemeanor, or if he or she has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing the person shall enter an order for such transfer after appropriate motion and hearing.

SECTION 79. Section 34-22-7 of the General Laws in Chapter 34-22 entitled "Powers" is hereby amended to read as follows:

34-22-7. Good faith payment by attorney acting under invalid power. -- Any person, making any payment in good faith in pursuance of a power of attorney, shall not be liable, in respect of the payment, by reason that before the payment the donor of the power had died or become {DEL lunatic, DEL} of unsound mind or bankrupt, or had revoked the power, if the fact of death, {DEL lunacy, DEL} unsoundness of mind, bankruptcy or revocation, was not at the time of the payment known to the person making the payment. This section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he or she would have had against the payer if the payment had not been made.

SECTION 80. Sections 34-36.1-1.03 and 334-36.1-4.12 of the General Laws in Chapter 34-36.1 entitled "Condominium Law" is hereby amended to read as follows:

34-36.1-1.03. Definitions. -- In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this chapter:

(1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant.

(i) A person "controls" a declarant if the person:

(A) Is a general partner, officer, director, or employer of the declarant,

(B) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the declarant,

(C) Controls in any manner the election of a majority of the directors of the declarant, or

(D) Has contributed more than twenty percent (20%) of the capital of the declarant.

(ii) A person "is controlled by" a declarant if the declarant:

(A) Is a general partner, officer, director, or employer of the person,

(B) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the person,

(C) Controls in any manner the election of a majority of the directors of the person, or

(D) Has contributed more than twenty percent (20%) of the capital of the person.

(iii) Control does not exist if the powers described in this subdivision are held solely as security for an obligation and are not exercised.

(2) "Allocated interests" means the undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit.

(3) "Association" or "unit owners' association" means the unit owners' association organized under section 34-36.1-3.01.

(4) "Common elements" means all portions of a condominium other than the units.

(5) "Common expenses" means expenditures made by or financial liabilities of the association, together with any allocations to reserves.

(6) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to section 34-36.1-2.07.

(7) (i) "Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

(ii) Provided that each unit owner has a vested, undivided interest in the common elements greater that 0.0 percent, no minimum percentage interest in the common elements is otherwise required by this chapter.

(8) "Conversion building" means a building that at any time before creation of the condominium was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.

(9) "Declarant" means any person or group of persons acting in concert who:

(i) As part of a common promotional plan, offers to dispose of his, her or its interest in a unit not previously disposed of or

(ii) Reserves or succeeds to any special declarant right.

(10) "Declaration" means any instruments, however denominated, that create a condominium, and any amendments to those instruments.

(11) "Development rights" means any right or combination of rights reserved by a declarant in the declaration to:

(A) Add real estate to a condominium,

(B) Create units, common elements, or limited common elements within a condominium,

(C) Subdivide units or convert units into common elements, or

(D) Withdraw real estate from a condominium.

(12) {DEL "Disabled person" DEL} {ADD "Person with a disability" ADD} means any person who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve (12) months {DEL . DEL} {ADD or any person having an impairment of mobility or vision which is expected to be of at least twelve (12) months duration, and is a substantial impediment to his or her ability to live independently. ADD}

(13) "Dispose" or "disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but does not include the transfer or release of a security interest.

(14) "Executive board" means the body, regardless of name, designated in the declaration to act on behalf of the association.

(15) {DEL "Handicapped person" means any person having an impairment of mobility or vision which is expected to be of at least twelve (12) months duration, and is a substantial impediment to his or her ability to live independently. DEL}

(16) "Identifying number" means a symbol or address that identifies only one unit in a condominium.

(17) "Land only units" shall mean units designated as land only units on the plats and plans which units may be comprised entirely or partially of unimproved real property and the air space above the real property. The boundaries of a land only unit are to be described pursuant to section 34-36.1-2.05(a)(5). Land only units may, but need not, contain a physical structure. The declaration may provide for the conversion of land only units to other types of units and/or common elements provided the conversion shall be effective only upon the recording of an amendment to the declaration which amendment will include new plats and plans identifying any portion of the land only unit converted to another type of unit and/or common element.

(18) "Leasehold condominium" means a condominium in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the condominium or reduce its size.

(19) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of section 34-36.1-2.02(2) or (4) for the exclusive use of one or more but fewer than all of the units.

(20) "Master association" means an organization described in section 34-36.1-2.20, whether or not it is also an association described in section 34-36.1-3.01.

(21) "Offering" means any advertisement, inducement, solicitation, or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a condominium not located in this state, is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the condominium is located.

(22) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. (In the case of a land trust, however, "person" means the beneficiary of the trust rather than the trust or the trustee.)

(23) "Purchaser" means any person, other than a declarant or a person in the business of selling real estate for his or her own account, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than:

(i) A leasehold interest including renewal options of less than twenty (20) years, or

(ii) As security for an obligation.

(24) "Real estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests which by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. "Real estate" includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water.

(25) "Residential purposes" means use for dwelling or recreational purposes, or both.

(26) "Special declarant rights" means rights reserved for the benefit of a declarant to:

(i) Complete improvements indicated on plats and plans filed with the declaration, (section 34-36.1-2.09),

(ii) To exercise any development right, (section 34-36.1-2.10),

(iii) To maintain sales offices, management offices, signs advertising the condominium, and models, (section 34-36.1-2.15),

(iv) To use easements through the common elements for the purpose of making improvements within the condominium or within real estate which may be added to the condominium, (section 34-36.1-2.16),

(v) To make the condominium part of a larger condominium or a planned community, (section 34-36.1-2.21),

(vi) To make the condominium subject to a master association, (section 34-36.1-2.20),

(vii) Or to appoint or remove any officer of the association or any master association or any executive board member during any period of declarant control, (section 34-36.1-3.03(d)).

(27) "Time share" means a right to occupy a unit or any of several units during five (5) or more separated time periods over a period of at least five (5) years, including renewal options, whether or not coupled with an estate or interest in a condominium or a specified portion thereof.

(28) "Unit" means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described pursuant to section 34-36.1-2.05(a)(5).

(29) "Unit owner" means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the condominium, but does not include a person having an interest in a unit solely as security for an obligation.

34-36.1-4.12. Conversion buildings. -- (a) A declarant of a condominium containing conversion buildings, and any person in the business of selling real estate for his or her own account who intends to offer units in such a condominium shall give each of the residential tenants and any residential subtenant in possession of a portion of a conversion building notice of the conversion and provide those persons with the public offering statement no later than one hundred twenty (120) days before the tenants and any subtenant in possession are required to vacate. Rents shall not be increased during the notice period. The notice must set forth generally the rights of tenants and subtenants under this section and shall be hand delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than one hundred twenty (120) days' notice, except by reason of nonpayment of rent, waste, or conduct that disturbs other tenants' peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession.

(b) For sixty (60) days after delivery or mailing of the notice described in subsection (a), the person required to give the notice shall offer to convey each unit or proposed unit occupied for residential use to the tenant who leases that unit. Tenants shall have the right to cancel their lease and receive no penalties for the cancellation as long as all obligations of the lease have been met. If a tenant fails to purchase the unit during that sixty (60) day period, the offeror may not offer to dispose of an interest in that unit during the following one hundred eighty (180) days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant. This subsection does not apply to any unit in a conversion building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit for conversion.

(c) If a seller, in violation of subsection (b), conveys a unit to a purchaser for value who has no knowledge of the violation, recordation of the deed conveying the unit extinguishes any right a tenant may have under subsection (b) to purchase that unit if the deed states that the seller has complied with subsection (b), but does not affect the right of a tenant to recover damages from the seller for a violation of subsection (b).

(d) If a notice of conversion specifies a date by which a unit or proposed unit must be vacated, and otherwise complies with the provisions of chapter 18 of this title the notice also constitutes a notice to vacate specified by that statute.

(e) (1) Notwithstanding the notice provisions of subsection (a) herein any tenant who has continuously resided in the unit for ten (10) years or more or any tenant who has attained the age of sixty-two (62) shall be given one year notice. Rents shall not be increased during the notice period. A tenant as described in this subsection shall have one hundred eighty (180) days within which to purchase the unit as provided for in subsection (b) and the remaining provisions of that subsection shall apply.

(2) The owner or developer shall pay reasonable moving expenses and costs, to any tenant who is disabled {DEL or handicapped DEL} or has attained the age of sixty-two (62), within a fifty (50) mile radius.

(f) Nothing in this section permits termination of a lease by a declarant in violation of its terms.

SECTION 81. Section 34-37-4 of the General Laws in Chapter 34-37 entitled "Rhode Island Fair Housing Practices Act" is hereby amended to read as follows:

34-37-4. Unlawful housing practices. -- (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as defined in section 34-37-3(11), or an agent of any of these shall, directly or indirectly, make or cause to be made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin or disability, age, or familial status of any prospective purchaser, occupant, or tenant of the housing accommodation; or shall, directly or indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the housing accommodation because of the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, disability, age, or familial status of the individual or the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin or disability, age, or familial status of any person with whom the individual is or may wish to be associated; or shall, directly or indirectly, issue any advertisement relating to the sale, rental, or lease of the housing accommodation which indicates any preference, limitation, specification, or discrimination based upon race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, disability, age, or familial status, or shall, directly or indirectly, discriminate against any individual because of his or her race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, disability, age, or familial status in the terms, conditions, or privileges of the sale, rental, or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith. Nothing in this subsection shall be construed to prohibit any oral or written inquiry as to whether the prospective purchaser or tenant is over the age of eighteen (18).

(b) No person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing accommodation, whether secured or unsecured shall directly or indirectly make or cause to be made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, disability, age, or familial status of any individual seeking the financial assistance, or of existing or prospective occupants or tenants of the housing accommodation; nor shall any person to whom the application is made in the manner provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the obtaining or use of any financial assistance against any applicant because of the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, disability, age, or familial status of the applicant or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).

(c) Nothing in this section contained shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person having the right to sell, rent, lease, or manage a housing accommodation to establish standards and preferences and set terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or in the furnishing of facilities or services in connection therewith which do not discriminate on the basis of the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, disability, age, or familial status of any prospective purchaser, lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, disability, age, or familial status of any person with whom the prospective purchaser, lessee, tenant, or occupant is or may wish to be associated. Nothing contained in this section shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person making loans for or offering financial assistance in the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations, or specifications for the granting of loans or financial assistance which do not discriminate on the basis of the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, disability, age, or familial status of the applicant for the loan or financial assistance or of any existing or prospective owner, lessee, tenant, or occupant of the housing accommodation.

(d) An owner may not refuse to allow a person with a disability to make, at his or her expense, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, except that, in the case of a rental, the owner may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. Where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in the account shall accrue to the benefit of the tenant. The restoration deposition shall be exempt from section 34-18-19(a) but will be subject to section 34-18-19(b) -- (f).

(e) (1) An owner may not refuse to make reasonable accommodations in rules, policies, practices, or services, when those accommodations may be necessary to afford an occupant with a disability equal opportunity to use and enjoy a dwelling.

(2) Every person with a disability who has a guide dog or other personal assistive animal, or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal access to all housing accommodations provided for in this section, and shall not be required to pay extra compensation for the guide dog or other personal assistive animal, but shall be liable for any damage done to the premises by a guide dog or other personal assistive animal. For the purposes of this subsection a "personal assistive animal" is an animal specifically trained by a certified animal training program to assist a person with a disability to perform independent living tasks.

(f) Any housing accommodation of four (4) units or more constructed for first occupancy after March 13, 1991 shall be designed and constructed in such a manner that:

(1) The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities;

(2) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;

(3) All premises within the dwellings contain the following features of adaptive design:

(i) Accessible route into and through the dwelling;

(ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(iii) Reinforcements in bathroom walls to allow later installation of grab bars; and

(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. To the extent that any state or local building codes, statutes or ordinances are inconsistent with this section, they are hereby repealed. The state building code standards committee is hereby directed to adopt rules and regulations consistent with this section as soon as possible, but no later than September 30, 1990.

(g) Compliance with the appropriate requirements of the {DEL American national standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as ANSI A117.1) DEL} {ADD State Building Code 14 "accessibility for individuals with disabilities for residential use groups" ADD} suffices to satisfy the requirements of subsection (f).

(h) As used in subsection (f), the term "housing accommodation of four (4) units or more" means:

(1) Buildings consisting of four (4) or more units if those buildings have one or more elevators; and

(2) Ground floor units in other buildings consisting of four (4) or more units;

(i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation which requires a greater degree of accessibility to persons with disabilities.

(j) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent, lease, or share the housing unit which the owner, lessee, sublessee, or assignee will occupy with the person selected.

(l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful housing practice, or obstruct or prevent any person from complying with the provisions of this chapter or any order issued thereunder, or attempt directly or indirectly to commit any act declared by this section to be an unlawful housing practice.

(m) No owner, person defined in section 34-37-3(12), person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing accommodation, whether secured or unsecured, no financial organization governed by the provisions of title 19 or any other credit granting commercial institution, or respondent under this chapter or any agent of these shall discriminate in any manner against any individual because he or she has opposed any practice forbidden by this chapter, or because he or she has made a charge, testified, or assisted in any manner in any investigation, proceeding, or hearing under this chapter.

SECTION 82. Section 34-45-11 of the General Laws in Chapter 34-45 entitled "Preservation of Federally Insured or Assisted Housing" is hereby amended to read as follows:

34-45-11. Rights of tenants. -- (a) As used in this section the following words shall have the following meanings:

(1) "Assistance required action" means any prepayment of a mortgage obligation secured by a development or an owner's failure to renew a section8 assistance contract to the full extent of owner's renewal rights thereunder.

(2) "Assisted household" means an individual or individuals who occupy a rental unit in a development and whose gross annual income does not exceed upper income limits imposed by any federal, state, or local government program providing financial assistance to a development.

(3) "Assisted units" means all the dwelling units in a federally insured or assisted development subject to regulatory requirements with respect to:

(i) The rents chargeable by the owner; or

(ii) The maximum annual income of the tenant occupying the unit, which may depend upon the income of the tenant where a given percentage of the total number of units are required to be occupied by income qualifying tenants.

(4) "Designated household" means any of the following households:

(i) An assisted household which includes a senior citizen or a {DEL disabled or handicapped citizen DEL} {ADD person with a disability ADD}, provided that the senior citizen or the {DEL handicapped citizen DEL} {ADD person with a disability ADD} has been a member of the household for a period of at least twelve (12) months preceding the giving of the notice of intent required by this section; or

(ii) An assisted household which includes any child under the age of ten (10) years.

(5) {DEL "Displaced" or "handicapped citizen" DEL} {ADD "Person with a disability" ADD} means a person within the definition of handicapped person in 42 U.S.C. section 1437a(b)(3).

(6) "Owner" or "property owner" means the person or combination of persons who hold legal title to a development.

(7) "Relocation expenses" means costs incurred to:

(i) Hire contractors, labor, vehicles, or equipment to transport personal property;

(ii) Pack and unpack personal property;

(iii) Disconnect and reconnect utilities such as water, telephone, gas, electricity, and related services; and

(iv) Disconnect and install personal property;

(8) "Senior citizen" means a person who is at least sixty-two (62) years old on the date that the notice of intent is given.

(9) "Tenant protection assistance" means the payments to, and extension of leases for, the occupant or former occupant of any assisted unit in connection with an assistance required action as required under this section.

(b) This section does not apply if, prior to any assistance required action, the owner or purchaser records a covenant running with the land on which the development is located, in a form satisfactory to the corporation, which continues for the development the existing low and moderate income rental restrictions of the federal housing program:

(1) For the duration of the term remaining as of the date of prepayment of any mortgage secured by a development; and

(2) For the duration of the remaining term as of the date of termination, including all stated and unexercised renewal terms of any rental assistance agreement described in section 34-45-5.

(c) (1) Not less than ninety (90) days before the effective date of any assistance required action, the owner of a development shall give a written notice of intent in accordance with the provisions of this section.

(2) The notice of intent to be sent to each assisted household shall contain a brief summary of the assistance required action, and shall include:

(i) A summary statement of the assisted household's rights and obligations under this section;

(ii) Notice that the corporation may have additional information regarding the anticipated assistance required action; and

(iii) The name, address, and phone number of the owner's agent to whom the assisted household may apply for tenant protection assistance under this section.

(d) The owner shall provide the tenant protection assistance by:

(1) Paying to each assisted household, an amount equal to the sum of:

(i) The lesser of five hundred dollars ($500) or an amount equal to any security deposit tenant is required to make and first month's rent and any part of the last month's rent tenant is required to pay in advance for the tenant's new residence no later than the date on which the assisted household vacates the unit; and

(ii) Reimbursement to the assisted household for relocation expenses up to four hundred fifty dollars ($450) which are actually and reasonably incurred; and

(2) Offering to each assisted household which is current in its rent payment and has not violated any other material term of its lease, a lease extension for a period of at least one year from the date of the assistance required action.

(e) (1) The portion of rent for the extended lease under subdivision (d)(2) that the tenant is obligated to pay from tenant's own income may not exceed thirty percent (30%) of the tenant's income, and may only be increased on the anniversary of the commencement date of the assisted householder's then current lease.

(2) Any such increase may not exceed the lesser of:

(i) the amount of increase permitted by applicable federal, state, or local law; and

(ii) an amount determined by multiplying the amount required to be contributed by the assisted household for rent for the preceding year by the percentage increase for the applicable U.S. consumer price index, as selected by the corporation, for the most recent twelve (12) month period.

(3) Except as permitted or required by the corporation, all other terms, conditions, and procedures governing the extended lease shall be the same as the lease in effect on the day preceding the giving of the notice of intent.

(f) An owner may not take an assistance required action affecting any unit in an assisted project occupied by a designated household without offering to the assisted household which is the tenant of the unit a lease extension for a period of at least two (2) years from the date of the assistance required action, if the designated household:

(1) Is current in its rent payment and has not violated any other material term of its lease;

(2) Has provided the owner, within thirty (30) days after the giving of the notice of intent, with a written notice:

(i) Stating that the designated household is applying for an extended lease under this section; and

(ii) Setting forth facts, as applicable, showing that:

(A) A member of the household is either a {DEL disabled or handicapped citizen DEL} {ADD person with a disability ADD} or a senior citizen who has been a member of the household for at least twelve (12) months preceding the giving of the notice of intent; or

(B) A member of the household is a child under the age of ten (10) years; and

(3) Has executed an extended lease and returned it to the owner within thirty (30) days after the giving of the notice of intent.

(g) The owner shall deliver to each assisted household entitled to receive the notice of intent, simultaneously with the notice of intent:

(1) An application on which may be included all of the information required by subdivision (f)(2);

(2) A lease containing the terms required by this section and clearly indicating that the lease will be effective only if the assisted household executes and returns the lease not later than thirty (30) days after the giving of the notice of intent; and

(3) A notice setting forth the rights and obligations of the assisted household under this section.

(h) Within forty-five (45) days after the giving of the notice of intent, the owner shall notify each assisted household whether it meets the applicable criteria for an extended lease under subdivision (d)(2) and such notice shall include the approximate ending date of the extended lease and each designated household which submits to the owner the documentation required by subdivisions (f)(2) and (3) shall be entitled to notification by the owner as to the following:

(1) Whether the household meets the applicable criteria of subsection (f), and, if not, an explanation of which criteria have not been met; and

(2) Whether the extended lease has been effective under subsection (f).

(i) (1) The extended lease of a designated household shall provide for a term commencing on the date of the assistance required action and terminating not less than two (2) years from that date.

(2) The initial rate of rent for the extended lease may not exceed an amount which requires the tenant to contribute more than thirty percent (30%) of the tenant's income.

(3) (i) Annually, on the anniversary of the commencement date of the extended lease of a designated household, the rental fee for the unit may be increased.

(ii) The increase may not exceed an amount determined by multiplying the amount required to be contributed by the household for annual report for the preceding year by the percentage increase for the applicable U.S. consumer price index, as selected by the secretary, for the most recent twelve (12) month period.

(4) Except as this section otherwise permits or requires, the extended lease of a designated household shall contain the same terms and conditions as the lease in effect on the day preceding the giving of the notice of intent.

(j) The extended tenancy provided for in this section shall cease upon the occurrence of any of the following:

(1) Ninety (90) days after the death of the last surviving member of the assisted household who was residing in the unit at the date of the notice of intent, or ninety (90) days after the last member of the assisted household at the date of the notice of intent has moved from the unit;

(2) Eviction for failure to pay rent due in a timely fashion or violation of a material term of the lease; or

(3) Voluntary termination of the lease by the designated household.

(k) No later than the date on which the designated household vacates the unit, the owner shall pay relocation expenses in accordance with this section.

(l) In connection with any assistance required action:

(1) An owner may not terminate or alter the terms and conditions of any leases entered into before the effective date of the assistance required action, or otherwise take any action to interfere with any existing rights of tenants to occupy their units of the assisted project under existing leases or under any applicable federal, state, or local law;

(2) All tenants shall cooperate with the owner in providing information necessary to certify eligibility for housing subsidy payments, including execution of all necessary documents.

(m) Notwithstanding any provision of subsections (e) or (f) to the contrary, in the event that an owner is unable to obtain from the U.S. department of housing and urban development an extension of existing rental subsidies to cover the lease extension, the owner shall only be required to provide for each assisted household, whether or not occupied by a designated household, a lease extension of a period of one year from the date of the assistance required action; provided, however, that an owner may withdraw funds from existing reserve and residual accounts of the development to pay any deficit in the debt service or operating expenses of the development resulting from the tenant's obligation to pay as rent only, a sum not more than thirty percent (30%) of the tenant's income as provided in subsection (e), but only to the extent that the withdrawal is approved by the corporation, approval to be given if adequate funds remain in reserve and residual accounts, for the maintenance and repair of the development in accordance with the standards of the corporation.

(n) The owner shall inform those assisted households which the owner has deemed not to meet the applicable criteria for an extended lease of the reasons the households failed to meet the criteria, and of their right to appeal the decision to the corporation. Any assisted household may appeal the decision of an owner to deny the household an extended lease under subdivision (d)(2) or subsection (f) to the corporation by requesting in writing an informal hearing before the corporation within ten (10) days of the owner's decision. The corporation shall hear and resolve the appeal within ten (10) days of receiving the hearing request, by either affirming the owner's decision or ordering the owner to execute the appropriate extended lease with the assisted household.

SECTION 83. Section 37-7-13 of the General Laws in Chapter 37-7 entitled "Management and Disposal of Property" is hereby amended to read as follows:

37-7-13. Surplus group homes. -- Any group home purchased or built by the state of Rhode Island and licensed pursuant to {ADD house ADD} section 40.1-24-3, which is no longer used to house {DEL mentally disabled, mentally retarded, or physically handicapped DEL} persons {ADD with disabilities ADD} and is vacant for a period of one year must be offered for sale on the private housing market forthwith and shall thereafter remain under the jurisdiction of the zoning enforcement officer and the zoning code of that municipality in which the home is located. The zoning enforcement officer and zoning code shall govern the use thereof. The group home shall not acquire any rights of a nonconforming use.

SECTION 84. Section 37-8-15.1 of the General Laws in Chapter 37-8 entitled "Public Buildings" is hereby amended to read as follows:

37-8-15.1. Accessibility of leased or rented facilities for people with disabilities. -- (a) No governmental body or public agency, as defined in section 37-2-7, who acting as lessee, shall lease or rent facilities that are not accessible to and usable by individuals with disabilities. Prior to a governmental body or public agency leasing or renting any facility, or renewing a lease:

(1) The state building commissioner with the assistance of the governor's commission on disabilities shall certify that the facility to be leased or rented conforms to the accessibility for people with disabilities provisions of the state building code;

(2) The state building commissioner with the assistance of the governor's commission on disabilities shall certify that plans for renovation of the facility to be leased or rented conform to the state building code, and the accessibility renovations shall be completed within six (6) months of the signing of the lease; or

(3) The governor's commission on disabilities grants a waiver from some provisions of the state building code's accessibility for people with disabilities provisions with respect to state agency leasing the facility and the state building commissioner with the assistance of the governor's commission on disabilities certifies the facility to be leased or rented conforms to the remaining accessibility for people with disabilities provisions of the state building code.

(b) The governor's commission on disabilities may only grant waivers when the waiver is sought:

(1) Would not operationally serve to deny any individual with a disability access to a service or program operated by the governmental body or public agency;

(2) Would not operationally serve to deny an employee with a disability or job applicant with a {DEL handicap DEL} {ADD disability ADD} employment or advancement in that governmental body or public agency; and

(3) Total compliance with the disability accessibility provisions of the state building code was structurally infeasible.

(c) The state building commissioner with the assistance of the governor's commission on disabilities shall reinspect all facilities leased or rented under subsection (a)(2) or (a)(3) prior to the date(s) established in the certification or waiver for completion of any renovations required. If the state building commissioner {ADD or the Governors Commission on disabilities ADD} is unable to issue a certification of compliance with the accessibility for people with disabilities provisions of the building code or the variance, then {DEL he/she DEL} {ADD the commissioner or commission ADD} shall inform the director of the department of administration that the facility is in noncompliance. The director of the department of administration shall take steps to ensure compliance or forward a report to the attorney general for legal action to terminate the lease.

SECTION 85. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public Records" is hereby amended to read as follows:

38-2-2. Definitions. -- As used in this chapter:

(1) "Agency" or "public body" shall mean any executive, legislative, judicial, regulatory, or administrative body of the state, or any political subdivision thereof; including, but not limited to, any department, division, agency, commission, board, office, bureau, authority, any school, fire, or water district, or other agency of Rhode Island state or local government which exercises governmental functions, any authority as defined in section42-35-1(b), or any other public or private agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of any public agency.

(2) "Chief administrative officer" means the highest authority of the public body as defined in subsection (a) of this section.

(3) "Public business" means any matter over which the public body has supervision, control, jurisdiction, or advisory power.

(4) (i) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data processing records, computer stored data (including electronic mail messages, except specifically for any electronic mail messages of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities) or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. For the purposes of this chapter, the following records shall not be deemed public:

(A) (I) All records which are identifiable to an individual applicant for benefits, client, patient, student, or employee, including, but not limited to, personnel, medical treatment, welfare, employment security, pupil records, all records relating to a client/attorney relationship and to a doctor/patient relationship, and all personal or medical information relating to an individual in any files, including information relating to medical or psychological facts, personal finances, welfare, employment security, student performance, or information in personnel files maintained to hire, evaluate, promote, or discipline any employee of a public body; provided, however, with respect to employees, the name, gross salary, salary range, total cost of paid fringe benefits, gross amount received in overtime, and other remuneration in addition to salary, job title, job description, dates of employment and positions held with the state or municipality, work location, business telephone number, the city or town of residence, and date of termination shall be public.

(II) Notwithstanding the provisions of this section, or any other provision of the general laws to the contrary, the pension records of all persons who are either current or retired members of the retirement systems established by the general laws as well as all persons who become members of those retirement systems after June 17, 1991 shall be open for public inspection. "Pension records" as used in this section shall include all records containing information concerning pension and retirement benefits of current and retired members of the retirement systems established in title 8, title 36, title 42, and title 45 and future members of said systems, including all records concerning retirement credits purchased and the ability of any member of the retirement system to purchase retirement credits, but excluding all information regarding the medical condition of any person and all information identifying the member's designated beneficiary or beneficiaries.

(B) Trade secrets and commercial or financial information obtained from a person, firm, or corporation which is of a privileged or confidential nature.

(C) Child custody and adoption records, records of illegitimate births, and records of juvenile proceedings before the family court.

(D) All records maintained by law enforcement agencies for criminal law enforcement and all records relating to the detection and investigation of crime, including those maintained on any individual or compiled in the course of a criminal investigation by any law enforcement agency. Provided, however, such records shall not be deemed public only to the extent that the disclosure of the records or information (a) could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings, (b) would deprive a person of a right to a fair trial or an impartial adjudication, (c) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (d) could reasonably be expected to disclose the identity of a confidential source, including a state, local, or foreign agency or authority, or any private institution which furnished information on a confidential basis, or the information furnished by a confidential source, (e) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions or (f) could reasonably be expected to endanger the life or physical safety of any individual. Records relating to management and direction of a law enforcement agency and records or reports reflecting the initial arrest of an adult and the charge or charges brought against an adult shall be public.

(E) Any records which would not be available by law or rule of court to an opposing party in litigation.

(F) Scientific and technological secrets and the security plans of military and law enforcement agencies, the disclosure of which would endanger the public welfare and security.

(G) Any records which disclose the identity of the contributor of a bona fide and lawful charitable contribution to the public body whenever public anonymity has been requested of the public body with respect to the contribution by the contributor.

(H) Reports and statements of strategy or negotiation involving labor negotiations or collective bargaining.

(I) Reports and statements of strategy or negotiation with respect to the investment or borrowing of public funds, until such time as those transactions are entered into.

(J) Any minutes of a meeting of a public body which are not required to be disclosed pursuant to chapter 46 of title 42.

(K) Preliminary drafts, notes, impressions, memoranda, working papers, and work products; provided, however, any documents submitted at a public meeting of a public body shall be deemed public.

(L) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment or promotion, or academic examinations; provided, however, that a person shall have the right to review the results of his or her examination.

(M) Correspondence of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities.

(N) The contents of real estate appraisals, engineering, or feasibility estimates and evaluations made for or by an agency relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned; provided the law of eminent domain shall not be affected by this provision.

(O) All tax returns.

(P) All investigatory records of public bodies, with the exception of law enforcement agencies, pertaining to possible violations of statute, rule, or regulation other than records of final actions taken provided that all records prior to formal notification of violations or noncompliance shall not be deemed to be public.

(Q) Records of individual test scores on professional certification and licensing examinations; provided, however, that a person shall have the right to review the results of his or her examination.

(R) Requests for advisory opinions until such time as the public body issues its opinion.

(S) Records, reports, opinions, information, and statements required to be kept confidential by federal law or regulation or state law, or rule of court.

(T) Judicial bodies are included in the definition only in respect to their administrative function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt from the operation of this chapter.

(U) Library records which by themselves or when examined with other public records, would reveal the identity of the library user requesting, checking out, or using any library materials.

(V) Printouts from {DEL telecommunication DEL} {ADD TELE -- TEXT ADD} devices {DEL for the DEL} {ADD used by people who are ADD} deaf or {ADD hard of ADD} hearing {DEL and DEL} {ADD or ADD} speech impaired.

(W) All records received by the insurance division of the department of business regulation from other states, either directly or through the National Association of Insurance Commissioners, if those records are accorded confidential treatment in that state. Nothing contained in this title or any other provision of law shall prevent or be construed as prohibiting the commissioner of insurance from disclosing otherwise confidential information to the insurance department of this or any other state or country, at any time, so long as the agency or office receiving the records agrees in writing to hold it confidential in a manner consistent with the laws of this state.

(ii) However, any reasonably segregable portion of a public record excluded by this section shall be available for public inspections after the deletion of the information which is the basis of the exclusion, if disclosure of the segregable portion does not violate the intent of this section.

(5) "Supervisor of the regulatory body" means the chief or head of a section having enforcement responsibility for a particular statute or set of rules and regulations within a regulatory agency.

(6) "Prevailing plaintiff" means and shall include those persons and entities deemed prevailing parties pursuant to 42 U.S.C. section1988.

SECTION 86. The title of Chapter 39-1.1 of the General Laws entitled "Termination of Service to Elderly, Handicapped, and Seriously Ill" is hereby amended to read as follows:

SECTION 87. Sections 39-1.1-1 and 39-1.1-2 of the General Laws in Chapter 39-1.1 entitled "Termination of Service to Elderly, Handicapped, and Seriously Ill" are hereby amended to read as follows:

39-1.1-1. Compliance with rules prior to termination. -- No public utility which distributes electricity or supplies natural or manufactured gas, electric, or water service shall terminate service to any household in which all adult residents are sixty-five (65) years of age or older, or where any resident is {DEL handicapped DEL} {ADD disabled ADD} or seriously ill, for failure to pay an outstanding indebtedness for service, without first complying with all rules and regulations for such terminations issued by the commission.

39-1.1-2. Determination of persons subject to nontermination. -- The commission shall promulgate appropriate rules and regulations to determine which {ADD persons who are ADD} elderly, {DEL handicapped DEL} {ADD disabled ADD}, or seriously ill {DEL persons DEL} are subject to the nontermination provisions of section 39-1.1-1, and in what manner relief will be made available to the subject persons.

SECTION 88. Section 39-3-7.1 of the General Laws in Chapter 39-3 entitled "Regulatory Powers of Administration" is hereby amended to read as follows:

39-3-7.1. Prohibited practices. -- The use of "master-meters," so-called, in apartment or tenement houses containing more than ten (10) apartments or dwelling units is hereby prohibited; provided, however, that this section shall only apply to apartment houses, construction of which is commenced after July 1, 1977. Each apartment or dwelling unit shall have a measuring device or meter for the purpose of measuring the electricity used only by that apartment. The commission shall promulgate all necessary rules and regulations to carry out the purposes and provisions of this section, provided, however, that this section shall not apply to the multi-family dwellings constructed for the exclusive use of {DEL the DEL} {ADD persons who are ADD} elderly and/or {DEL handicapped DEL} {ADD disabled ADD} through public financing, whenever the organization sponsoring the construction shall elect to use a single meter for all, or designated portions, of the housing.

SECTION 89. Section 39-18-4 of the General Laws in Chapter 39-18 entitled "Rhode Island Public Transit Authority" is hereby amended to read as follows:

39-18-4. Powers of the authority. -- The authority is hereby authorized and empowered:

(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) To adopt an official seal and alter the seal at pleasure;

(3) To maintain an office at such place or places within the state as it may designate;

(4) To sue and be sued in its own name, plead and be impleaded; provided, however, that any and all actions against the authority shall be brought only in the county in which the principal office of the authority shall be located;

(5) To acquire, purchase, hold, use, and dispose of any property, real, personal, or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the authority, and, to lease as lessee or lessor any property, real, personal or mixed, or any interest therein for such term and at such rental as the authority may deem fair and reasonable, and to sell, transfer, convey, mortgage, or give a security interest in any property, real, personal, or mixed, tangible or intangible, or any interest therein, at any time acquired by the authority;

(6) To employ, in its discretion, planning, architectural, and engineering consultants, attorneys, accountants, construction, financial, transportation, and traffic experts and consultants, superintendents, managers, and such other officers, employees, and agents as may be necessary in its judgment, and to fix their compensation;

(7) (i) To fix from time to time, subject to the provisions of this chapter, schedules and such rates of fare and charges for service furnished or operated as in its judgment are best adopted to insure sufficient income to meet the cost of service; provided, however, the authority is not empowered to operate a passenger vehicle under its control in competition with passenger vehicles of a private carrier over routes which the private carrier operates pursuant to a certificate of public convenience and necessity issued to the private carrier by the division of public utilities and carriers; and provided further that the authority shall not require any person who meets the means test criteria as defined by the Rhode Island Department of Elderly Affairs and who is either sixty-five (65) years of age, or over, or who is disabled to pay any fare or charge for bus rides during peak hours; provided, however, that such exclusion for fares or charges shall not apply (i) to special service routes and (ii) during periods and routes of overcrowded conditions. Any person who is either sixty-five (65) years of age, or over, or who is disabled, and who meets the means test criteria as heretofore provided, shall not be required to pay any fare or charge for bus rides during off-peak hours, and any person who is either sixty-five (65) years of age, or over, or who is disabled, and who does not satisfy the means test criteria as heretofore provided, shall only be required to pay one-half (1/2) of the fare or charge for bus rides during off-peak hours. For the purposes of this chapter, "overcrowded conditions," "peak hours," "off-peak hours" and "special service routes" shall be determined annually by the authority. The authority shall establish an advisory committee comprised of seniors/persons with disabilities constituent users of the authority's services to assist in the implementation of this section;

(ii) Any person who accompanies and is assisting a person with a disability when the person with a disability {DEL is confined DEL} {ADD who uses ADD} to a wheelchair shall be eligible for the same price exemptions extended to a person with a disability by subsection (7)(i). The cost to the authority for providing the service to the elderly shall be paid by the state;

(iii) Any person who accompanies and is assisting a {DEL blind DEL} passenger who is {ADD blind or visually impaired ADD} shall be eligible for the same price exemptions extended to the {ADD passenger who is ADD} blind {DEL person DEL} {ADD or visually impaired ADD} by subsection {DEL (g)(1) DEL} {ADD (7)(i) ADD}. The cost to the authority for providing the service to the elderly shall be paid by the state.

(iv) The authority shall be authorized and empowered to charge a fare for any paratransit services required by the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq., in accordance with 49 C.F.R. Part 37.

(8) To borrow money and to issue bonds of the authority for any of its purposes including, without limitation, the borrowing of money in anticipation of the issuance of bonds or the receipt of any operating revenues or other funds or property to be received by the authority, and the financing of property to be owned by others and used, in whole or substantial part, by the authority for any of its purposes, all as may from time to time, be authorized by resolution of the authority; the bonds to contain on their face a statement to the effect that neither the state nor any municipality or other political subdivision of the state shall be obligated to pay the same or the interest thereon;

(9) To enter into management contracts for the operation, management, and supervision of any or all transit properties under the jurisdiction of the authority, and to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter;

(10) Without limitation of the foregoing, to borrow money from, to receive and accept grants for or in aid of the purchase, leasing, improving, equipping, furnishing, maintaining, repairing, constructing, and operating of transit property, and to enter into contracts, leases, or other transactions with any federal agency; and to receive and accept from the state, from any municipality, or other political subdivision thereof, and from any other source, aid or contributions of either money, property, labor, or other things of value, to be held, used and applied only for the purposes for which the grants and contributions may be made;

(11) To acquire in the name of the authority, by negotiated purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of condemnation to the extent only and in the manner as provided in this chapter, such public and private lands, including public parks, playgrounds or reservations, or parts thereof, or rights therein, rights-of-way, property rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, however, that all public property damaged in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable;

(12) To contract with any municipality, public or private company or organization, whereby the authority will receive a subsidy to avoid discontinuance of service, and each municipality within the state is hereby authorized to make and enter into such contracts and to make, grant, or give to the authority a subsidy in such amount and for such period of time as it may deem advisable;

(13) To operate service to nearby Massachusetts terminals for the purpose of deboarding Rhode Island passengers at major traffic generating locations for the benefit of passengers and to board Rhode Islanders for the return trip, provided, however, that the authority operate closed door in Massachusetts to and from its destination; and

(14) To do all things necessary, convenient, or desirable to carry out the purpose of this chapter.

SECTION 90. Section 39-21.1-8 of the General Laws in Chapter 39-21.1 entitled "911 Emergency Telephone Number Act" is hereby amended to read as follows:

39-21.1-8. Emergency services included in system. -- (a) The 911 system shall be capable of transmitting requests for law enforcement, firefighting, and emergency medical and ambulance services to a public safety agency or agencies that provide the requested service at the place where the call originates. A 911 system may also provide for transmittal of requests for other emergency services, such as poison control, suicide prevention, and civil defense. Conferencing capability with counseling, aid to {DEL handicapped DEL} {ADD persons with disabilities ADD}, and other services as deemed necessary for emergency response determination may be provided by the 911 system.

(b) Any unit of any agency or municipality in this state which provides law enforcement, firefighting, medical, or ambulance services to an area shall be part of the 911 system. The 911 public safety answering point may transmit emergency response requests to private safety agencies.

(c) Automatic intrusion alarms and other automatic alerting devices shall not be installed so as to cause the number 911 to be dialed in order to directly access emergency services.

SECTION 91. Chapter 40-14 of the General Laws entitled "Equipment Loan Fund For The Handicapped" is hereby amended by amending the title as follows:

SECTION 92. Chapter 40-9 of the General Laws entitled "Services for the Blind and Visually Impaired" is hereby amended by amending the title to read as follows:

SECTION 93. Sections 40-2-15 and 40-2-16 of the General Laws in Chapter 40-2 entitled "Administration of State Institutions" are hereby amended to read as follows:

40-2-15. Treatment and isolation of diseased residents -- Detention after time for release. -- Every inmate, prisoner, patient, or pupil in any of the institutions, who {DEL is afflicted DEL} {DEL with DEL} {ADD has ADD} any dangerous, infectious or contagious disease, including syphilis in the infectious stages and gonococcus infection, shall be forthwith placed under medical treatment, and, if in the opinion of the attending physician it is necessary, shall be isolated until danger of contagion has passed or until the attending physician determines that further isolation is unnecessary; and if danger of contagion shall not have passed or if further isolation is still necessary at the expiration of sentence or at the time for discharge or release from the institution, {DEL the afflicted DEL} {ADD that ADD} inmate, prisoner, patient, or pupil shall be detained in the institution and continued under medical treatment until the attending physician shall determine that his or her discharge or release from the institution will not endanger the public health; and during the period of detention, the person so detained shall be supported in the same manner as before the detention.

40-2-16. Records of venereal disease. -- For the statistical purposes of the department of health, the department of human services shall keep records of all cases of venereal diseases in the institutions, but the records shall not be open to public inspection, and the department of human services shall make every reasonable effort to keep secret the identity of those {DEL afflicted by DEL} {ADD persons with ADD} the diseases so far as may be consistent with the enforcement of the provisions of sections 40-2-12 -- 40-2-17 and with the protection of the public health.

SECTION 94. Section 40-5.1-8 of the General Laws in Chapter 40-5.1 entitled "Family Independence Act" is hereby amended to read as follows:

40-5.1-8. Eligibility for cash assistance. -- (a) (1) Except as otherwise provided for in this section, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, unless the person is a resident of the state and is (A) either a citizen; or (B) lawfully admitted for permanent residence before August 22, 1996, or (C) otherwise lawfully entitled to reside in the United States before August 22, 1996 and is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under section402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as such section may hereafter be amended; or (D) an alien who on or after August 22, 1996 is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under section402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as such section may hereafter be amended.

(2) An alien who does not meet the citizenship or alienage criteria in subsection (a)(1) above, who was lawfully residing in the United States before August 22, 1996 and who is a resident of this state prior to July 1, 1997, shall be eligible for cash assistance under this chapter without regard to the availability of federal funding; and provided, however, that such person meets all other eligibility requirements under this chapter.

(3) Except as provided herein, no person shall be ineligible for assistance payments under this chapter due solely to the restricted eligibility rules otherwise imposed by section115(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193) and as such section may hereafter be amended. No person convicted of a drug related felony, as defined herein, shall be eligible for assistance payments under this chapter. For purposes of this chapter, "drug related felony" means the conviction (under federal or state law) subsequent to August 22, 1996 of an individual of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the distribution or sale of a controlled substance (as defined in section102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).

(b) No family shall be eligible for assistance payments if the combined value of its available resources (reduced by any obligations or debts with respect to such resources) exceed one thousand dollars ($1,000). For purposes of this subsection, the following shall not be counted as resources of the family:

(1) The home owned and occupied by a child, parent, relative or other individual;

(2) Real property owned by a husband and wife as tenants by the entirety, if the property is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in the property;

(3) Real property which the family is making a good faith effort to dispose of, but any aid payable to the family for any such period shall be conditioned upon such disposal and any payments of aid for that period shall (at the time of disposal) be considered overpayments to the extent that they would not have occurred at the beginning of the period for which the payments were made. Any overpayments that may have occurred are debts subject to recovery in accordance with the provisions of section 40-5.1-28;

(4) Income producing property other than real estate including but not limited to equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or services which the department determines are necessary for the family to earn a living;

(5) A vehicle used primarily for income producing purposes such as but not limited to a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which annually produces income consistent with its fair market value, even if only used on a seasonal basis; a vehicle necessary for long distance travel, other than daily commuting, which is essential to the employment of a family member; a vehicle necessary to transport a {DEL physically disabled DEL} family member {ADD with a disability ADD} where the vehicle is specially equipped to meet the specific needs of the {DEL disabled DEL} person {ADD with a disability ADD} or if the vehicle is a special type of vehicle that makes it possible to transport the {DEL disabled DEL} person {ADD with a disability ADD};

(6) Household furnishings and appliances, clothing, personal effects and keepsakes of limited value;

(7) Burial plots (one for each child, relative, and other individual), and funeral arrangements;

(8) For the month of receipt and the following month, any refund of federal income taxes made to the family by reason of section32 of the Internal Revenue Code of 1986, 26 U.S.C. section 32, (relating to earned income tax credit), and any payment made to the family by an employer under section3507 of the Internal Revenue Code of 1986, 26 U.S.C. section 3507 (relating to advance payment of such earned income credit);

(9) The resources of any family member receiving supplementary security income assistance under the Social Security Act, 42 U.S.C. section 301 et seq.

(c) For purposes of subsection (b), the resources of a family shall include only that part of the fair market value of any vehicle (not otherwise excluded) which exceeds the value for such inclusion established by the federal food stamp program administered pursuant to section 40-6-8, and as such value may hereafter be amended, or that portion of the family's equity in a vehicle which exceeds one thousand five hundred dollars ($1,500) -- whichever is less;

(d) (1) Except as otherwise provided for in this section, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, if that person after attaining eighteen (18) years of age, has received cash assistance under this chapter for a total of sixty (60) months (whether or not consecutive). The limitation in the preceding sentence only shall apply only if required by federal statute or regulation.

(2) In calculating the sixty (60) month limit imposed in (d)(1), the department shall disregard any month for which assistance was provided with respect to a minor parent or minor pregnant woman during those months when the individual was a minor child.

(3) The department may exempt a family from the application of subsection (d)(1) by reason of hardship; provided, however, that the number of such families to be exempted by the department under this subsection shall not exceed twenty percent (20%) of the average monthly number of families to which assistance is provided for under this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by federal law any waiver granted under section 40-5.1-46(a) shall not be counted in determining the twenty percent (20%) maximum under this section.

(e) Notwithstanding any other provision of this chapter, the amount of cash to which a family is entitled under the chapter shall be reduced by thirty percent (30%) until the family has been a resident of the state for twelve (12) consecutive months; provided, however, that no member of the family who has been resident of the state for twelve (12) consecutive months or longer shall have his or her benefit reduced under this subsection.

(f) (1) A family:

(i) Consisting of a parent who is under the age of eighteen (18) (minor parent); and

(ii) Who has never been married; and

(iii) Who has a child, or a family which consists of a woman under the age of eighteen (18) who is at least six months pregnant (pregnant minor), shall be eligible for cash assistance only if such family resides in the home of a parent, legal guardian or other adult relative. Such assistance shall be provided to the parent, legal guardian, or other adult relative on behalf of such individual and child unless otherwise authorized by the department.

(2) Subsection (1) shall not apply if:

(i) (A) Such minor parent or pregnant minor has no parent, legal guardian or other adult relative who is living and or whose whereabouts are known;

(B) The department determines that the physical or emotional health or safety of the minor parent, or his or her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same residence as his or her parent, legal guardian or other adult relative (refusal of a parent, legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor, to live in his or her home shall constitute a rebutable presumption that the health or safety would be so jeopardized);

(C) The minor parent or pregnant minor has lived apart form his or her own parent or legal guardian for a period of at least one year before either the birth of any such minor parent's child or the onset of the pregnant minor's pregnancy; or

(D) There is good cause, under departmental regulations, for waiving the subsection; and

(ii) The individual resides in supervised supportive living arrangement to the extent available. For purposes of this section "supervised supportive living arrangement" means an arrangement which:

(A) Requires teen parents to enroll and make satisfactory progress in a program leading to a high school diploma or a general education development certificate;

(B) Requires teen parents to participate in the adolescent parenting program established in chapter 19 of this title to the extent such program is available; and

(C) Provides rules and regulations which insure regular adult supervision.

(g) As a condition of eligibility for cash and medical assistance under this chapter, each adult member of the family has:

(1) Assigned to the state any rights to support for children within the family from any person which the family member has at the time the assignment is executed or may have while receiving assistance under this chapter;

(2) Consented to and is cooperating with the state in establishing the paternity of a child born out of wedlock with respect to whom assistance is claimed, and in obtaining support payments for such family member with respect to whom the aid is claimed, or in obtaining any other payments or property due any family member, unless the applicant is found to have good cause for refusing to comply with the requirements of this subsection.

Absent good cause for refusing to comply with the requirements of this subsection, the amount of cash to which a family is otherwise entitled shall be reduced by twenty-five percent (25%) until the adult member of the family who has refused to comply with the requirements of this subsection consents to and cooperates with the state in accordance with the requirements of this subsection.

(3) Consented to and is cooperating with the state in identifying, and providing information to assist the state in pursuing any third party who may be liable to pay for care and services under Title XIX of the Social Security Act, 42 U.S.C. section 1396 et seq.

SECTION 95. Section 40-6-28 of the General Laws in Chapter 40-6 entitled "Public Assistance Act" is hereby amended to read as follows:

40-6-28. {DEL Interim cash assistance for the disabled. DEL}{ADDInterim cash assistance for people who are disabled. -- ADD} (a) Interim cash assistance payments shall be provided to individuals determined by the director or his or her designee to have applied for and to have been approved for medical assistance ("Medicaid") under Title XIX of the Social Security Act, 42 U.S.C. section 1396 et seq., and to have applied for and to be pursuing a claim for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. section 1381 et seq.

(b) Interim cash assistance payments shall continue until the recipient of such payments receives disability benefits from the social security administration or until he or she has exhausted available administrative appeals. The individual may be required to present documentation that he or she is actively pursuing his or her claim.

(c) The department is authorized and directed to make payments of interim cash assistance to eligible recipients hereunder up to the standards of assistance established pursuant to section 40-6-3.3 of the general laws, and subject to the limits of the annual appropriation provided in subsection (f). In the event that the annual appropriation provided for in subsection (f) is not adequate for the provision of interim cash assistance payments to eligible individuals, the director is authorized to limit the amount and duration of the payments.

(d) The department is authorized to determine income and resource eligibility limits for the interim cash assistance program, provided that such limits shall be no stricter than those established pursuant to section 40-6-3.1 of the general laws.

(e) The department is directed to promulgate regulations to implement the interim cash assistance program including provisions to ensure recoupment of cash assistance by the state upon a determination of a recipient's eligibility for SSI benefits by the social security administration.

(f) Out of the sum appropriated to the department of human services for general public assistance for the state fiscal year ending June 30, 1996, the sum of four hundred thousand dollars ($400,000), net of recoveries of disability benefits from the social security administration, shall be used solely for the purposes and subject to the limitations as provided in this section, and the state controller is hereby authorized and directed to draw his or her order upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers. The director is authorized to request such appropriations for subsequent state fiscal years as he or she deems necessary to carry out the purposes of this section.

SECTION 96. Sections 40-6.4-2, 40-6.4-3, 40-6.4-4, 40-6.4-5, and 40-6.4-6 of the General Laws in Chapter 40-6.4 entitled "Incentive for Training and Employment" are hereby amended to read as follows:

40-6.4-2. Definitions. -- As used in this chapter, the following terms shall have the following meanings:

(1) "AFDC" means aid to families with dependent children.

(2) "Department" means the state department of human services.

(3) "Director" means the director of the department of human services.

(4) {DEL "The handicapped" or "handicapped persons" DEL} {ADD "Person with disabilities" ADD} means individuals who are under a physical or mental {DEL disability DEL} {ADD impairment ADD} which constitutes a substantial {DEL handicap DEL} {ADD barrier ADD} to employment and who either are (i) receiving any form of state or federal aid, or (ii) have a household income below the federal poverty level.

40-6.4-3. Program established. -- The director, in consultation with the director of the division of vocational rehabilitation, shall establish a three (3) year demonstration work preparation and supportive work employment program to place AFDC recipients and {DEL the handicapped DEL} {ADD people with disabilities ADD} in private sector employment. At least one third (1/3) of the supportive work employment program costs shall be covered by payment for services by the participating private employers. The program shall include the use of grant diversion, to enable the director to provide all or part of the AFDC or other federal grant to an employer to cover part of the cost of wages paid to the recipient. The program shall also seek all available federal and private funds. The director shall seek federal approval, including such waivers of applicable federal regulations as are necessary, to conduct the demonstration program for AFDC recipients and {DEL the handicapped DEL} {ADD people with disabilities ADD}, using grant diversion. The demonstration program shall test the effectiveness of a supported work grant diversion program in placing AFDC recipients and handicapped persons in long term employment at wage levels and with advancement potential sufficient to permit economic self sufficiency and permanent removal from AFDC or other government aid.

40-6.4-4. Program voluntary -- Elements of program. -- The program shall serve both those AFDC recipients and {DEL handicapped persons DEL} {ADD people with disabilities ADD} who are ready to work and those who are potentially able to work given adequate support and job readiness training. Participation in the program shall be strictly voluntary in all respects. The demonstration program shall include the following elements:

(1) Provisions for referral and outreach which will ensure the participation of those who are ready to work and those who require job readiness training;

(2) Utilization of the current system of supportive services, such as job readiness training, child care, transportation, and transitional medical benefits, provided through the department of human services or other applicable provider agencies; and

(3) An evaluation component to provide accountability and replicability, to demonstrate the cost effectiveness of the supported work grant diversion model, and to enable comparison with other work models.

40-6.4-5. Recruitment, assessment, training, and referral of program candidates. -- (a) The director shall contract with one or more government agencies or nonprofit community based organizations for the purpose of recruitment, screening, assessment, job readiness preparation, and referral to supportive work. The government agencies or private organizations shall have a demonstrated record of service to AFDC recipients and/or {DEL the handicapped DEL} {ADD people with disabilities ADD}, and shall have experience in conducting outreach and recruitment, intake and assessment of clients, and providing job readiness training. The organizations shall:

(1) Recruit, screen and assess the job readiness skills of AFDC recipients and {DEL handicapped DEL} persons {ADD with disabilities ADD} for the supported work program;

(2) Where appropriate, provide job readiness skills training for program participants, including, but not limited to, remedial reading, writing, and mathematics skills training; and

(3) Refer appropriate candidates for work in the supported work program.

(b) At least one third (1/3) of the participants referred to and placed in the supported work program shall currently be enrolled in employment readiness training and referred from a nonprofit community based organization or from other organizations certified by the director as conducting appropriate job readiness training.

40-6.4-6. Program operator. -- (a) The director shall contract with a program operator to place participants in private sector employment. The program operator shall have demonstrated experience in administering a large scale supported work program that utilizes grant diversion, including:

(1) Experience in developing comprehensive and diverse cooperative agreements with the private sector;

(2) Providing on-the-job supervision of program participants and graduated stress and peer support;

(3) Performing task analysis of entry level jobs; and

(4) Restructuring work to meet the needs of the participant population.

(b) The program operator shall place participants under contract with private sector companies in supported work environments and, at the end of supported work training, shall place the participants in permanent unsubsidized jobs in private sector companies. The supported work training shall not exceed nine (9) months in duration for each participant, provided, however, that the director, in his or her discretion, may extend the period of supportive work training for a {DEL mentally handicapped individual DEL} {ADD person with a disability ADD} for not more than nine (9) additional months if the director determines that an extension is necessary to enable the {DEL mentally handicapped individual DEL} {ADD person with a disability ADD} to obtain the full benefit of the program.

SECTION 97. Section 40-6.5-2 of the General Laws in Chapter 40-6.5 entitled "Child Day Care Grant Program" is hereby amended to read as follows:

40-6.5-2. Rules and regulations. -- The director shall promulgate reasonable rules and regulations establishing eligibility requirements, and provide that at least fifty percent (50%) of the total grant funds available be distributed to nonprofit agencies that meet the following standards:

(a) Each grantee shall employ, educate, or train significant numbers of parents whose incomes are below the statewide median family income;

(b) Each grantee shall demonstrate a need for additional child day care services in their service delivery area; and

(c) In selecting additional grantees for the remainder of the available funds, priority shall be given to grant proposals which would develop: (1) child day care programs and opportunities for {DEL medically handicapped DEL} children {ADD with special health care needs ADD}; and (2) specialized child care programs such as programs for parents who work non-traditional hours and programs for sick child care. All grantees must demonstrate that child care services established under this child care grant program will be certified or licensed in accordance with Rhode Island law.

SECTION 98. Section 40-8.1-2 of the General Laws in Chapter 40-8.1 entitled "Personal Care Attendant Program" is hereby amended to read as follows:

40-8.1-2. Services provided. -- Services that may be provided eligible persons if not available from other sources include:

(1) Any appropriate vocational rehabilitation service, as well as other services that will enhance the ability of {DEL handicapped DEL} individuals {ADD with disabilities ADD} to live independently and function within the family and community;

(2) Personal care attendant services;

(3) Advocacy services;

(4) Peer counseling;

(5) Housing; and

(6) Transportation.

SECTION 99. Sections 40-9-1, 40-9-2, 40-9-3, 40-9-5, 40-9-6, 40-9-7, 40-9-8, 40-9-11, 40-9-11.1, 40-9-11.3, 40-9-11.4, 40-9-11.5, 40-9-11.6, 40-9-15 and 40-9-17 of the General Laws in Chapter 40-9 entitled "Services for the Blind and Visually Impaired" are hereby amended to read as follows:

40-9-1. Administrator -- Other personnel and expenses -- Appropriations -- References to "bureau for the blind". -- (a) The director of human services may appoint a man or a woman qualified by training and experience as administrator {ADD of services ADD} for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired, to hold office during his or her pleasure, subject to the provisions of chapter 4 of title 36; employ such assistants, teachers, and agents as may be necessary, fix their compensation within the amounts appropriated therefor, and incur such other expenses as may be authorized by the general assembly. The general assembly shall annually appropriate such sum as it may deem necessary to pay the salary of the administrator, assistants, teachers, and agents.

(b) Whenever in any existing law the term "bureau for the blind" occurs, the term shall hereafter be construed to mean the department of human services.

40-9-2. General duties of administrator. -- The administrator {ADD of services ADD} {DEL of the DEL} {ADD for ADD} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired shall devote all of his or her time to the duties of his or her office and keep at his or her office in the state house a register of {DEL the DEL} {ADD individuals who are ADD}blind {DEL and DEL} {ADD or ADD} visually impaired in the state, describing their condition, cause of blindness, and capacity for education and industrial training. The administrator shall, under the direction of the director, generally be charged with:

(1) Maintaining a placement service with the object of determining the fitness of {ADD applicants who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired {DEL applicants DEL} for work, vocational guidance, and securing occupation when applicants are trained;

(2) Assisting, when called up by the {DEL state board for vocational education DEL} {ADD school to careers committee of the human resource investment council ADD}, that board in its work for {DEL the DEL} {ADD students who are ADD} blind and visually impaired and in the application of federal aid;

(3) Assisting the department of education, when called upon by it, in performing its duties under chapter 25 of title 16;

(4) Having general charge of the home teaching of {DEL the DEL} {ADD persons who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired in the state;

(5) Having charge of such workshops for the training of {DEL the DEL} {ADD persons who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired and salesrooms for the sale of the products of the blind and visually impaired as the director may from time to time establish; and

(6) Performing such other duties with respect to his or her office as the director may prescribe.

40-9-3. Advisory council -- Appointment of members. -- Within the department of human services there shall be an advisory council to assist in promoting the interests of {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired consisting of nine (9) members, eight (8) of whom shall be qualified electors of the state, who shall be selected with particular regard to their interest in and their knowledge of the conditions regarding the blind and visually impaired and who shall be appointed by the governor as herein provided, and one of whom shall be the chairperson of the state council on independent living services, ex officio. In the month of February in each year the governor shall appoint one member, except in the month of February 1970 and every fifth year thereafter when he or she shall appoint four (4) members, each member to hold office until the first day of March in the fifth year after his or her appointment and until his or her successor is appointed and qualified, to succeed the member whose term will next expire. Any vacancy which may occur in the council shall be filled by appointment by the governor for the remainder of the unexpired term.

40-9-5. Functions of advisory council. -- The council shall confer with and shall advise the director of human services in promoting the interests of {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired in the state and concerning the policies, rules, and regulations appertaining thereto; provided, however, that the advisory council shall have no administrative power.

40-9-6. {DEL Home instruction of blind and visually impaired. DEL} {ADD Home instruction of people who are blind or visually impaired. -- ADD} The director of human services is hereby authorized and empowered to provide for the instruction at their homes of the adult {ADD residents who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired residents of this state upon such conditions and in such manner as may to him or her seem proper, and the general assembly shall annually appropriate such sum as it may deem necessary for the purposes of this section, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or so much thereof as may from time to time be necessary, upon receipt by him or her of proper vouchers approved by the director of the department and by the {DEL supervisor of the DEL} {ADD administration of services for people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired. Receipts from the toy lending library shall be deposited as general revenue and the activity shall be funded through general revenue appropriations.

40-9-7. {DEL Supplies and materials for blind and visually impaired workers -- Compensation for services. DEL} {ADD Supplies and materials for people who are blind or visually impaired workers -- Compensation for services. -- ADD} The director is hereby authorized and empowered to carry on services for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired by providing for the furnishing of supplies and materials for {DEL the DEL} {ADD workers who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired workers, and compensating {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired workers for services through funds made available to the department of human services.

40-9-8. Proceeds of work of blind and visually impaired workers. -- For the purpose of carrying out the provisions of section 40-9-7, the receipts from the sales of handiwork of {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired workers shall be collected by the department of human services and turned over to the general treasurer, and the funds shall be made available for expenditure by the department of human services for the purpose of buying supplies and materials for {DEL the DEL} {ADD workers who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired workers and to compensate {DEL the DEL} {ADD people who are workers who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired {DEL workers DEL} for services rendered; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums as may be required from time to time upon the receipt by him or her of proper vouchers approved by the director of human services or his or her duly authorized agent.

40-9-11. Co-operation in federal business enterprises program. -- The Rhode Island state department of human services is hereby empowered to co-operate with the United States government's department of education in its "business enterprises program for the blind" and, in connection with the program, to accept the payments and/or reimbursement for one-half (1/2) of the necessary expenditures for the acquisition of state-controlled vending stands or other business enterprises equipment for the use of {DEL blind DEL} persons {ADD who are blind ADD}, for which appropriation is made by title II -- "Office of vocational rehabilitation," of public law 80-165, passed by the eightieth congress of the United States, approved July 8, 1947, and known as the "Labor-Federal Security Appropriation Act of 1948" now codified at U.S.C. section 701 et seq.

40-9-11.1. Authorization to establish vending facilities for the blind on state property. -- (a) For the purposes of providing {ADD persons who are ADD} blind {DEL persons DEL} {ADD or visually impaired ADD} with remunerative employment, enlarging the economic opportunities of {DEL the DEL} {ADD people who are ADD} blind {ADD or visually impaired ADD}, and stimulating {DEL the DEL} {ADD people who are ADD} blind {ADD or visually impaired ADD} to greater efforts in striving to make themselves self-supporting, {ADD persons who are ADD} blind {DEL persons DEL} {ADD or visually impaired ADD} licensed under the provisions of this chapter shall be authorized to operate vending facilities on any state property.

(b) In authorizing the operation of vending facilities on state property, priority shall be given to {ADD persons who are ADD} blind {DEL persons DEL} {ADD or visually impaired ADD} licensed by the department of human services administering state services for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired as provided in the Randolph-Sheppard Act, P.L. 74-732, as amended by P.L. 83-565 and P.L. 93-516, 20 U.S.C. 107 et seq. The director of human services shall, after consultation with the director of administration and other heads of departments, agencies, or instrumentalities of the state in control of the maintenance, operation, and protection of state property, prescribe regulations designed to assure that:

(1) The priority under this section is given to licensed {ADD persons who are ADD} blind {DEL persons DEL} {ADD or visually impaired ADD} (including the assignment of vending machine income pursuant to section 40-9-11.5 to achieve and protect such priority), and

(2) Wherever feasible, one or more vending facilities are established on all state property to the extent that any facility or facilities would not adversely affect the interest of the state.

40-9-11.3. Provision for vending machines in buildings purchased or leased by state. -- Whenever any department, agency, or instrumentality of the state shall undertake to acquire by ownership, rent, lease, or to otherwise occupy, in whole or in part, any building, the department, agency, or instrumentality shall make all reasonable attempts to assure that the building includes a satisfactory site or sites for the location and operation of a vending facility by a {ADD person who is ADD} blind {DEL person DEL} {ADD or visually impaired ADD}. Each department, agency, or instrumentality is hereby encouraged to provide timely notice to the director of human services that the acquisition, construction, or renovation of the building is planned in order to permit appropriate planning, selection, and preparation of the site or sites by the state services for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired.

40-9-11.4. Compliance with chapter. -- To assure that {DEL blind DEL} persons {ADD who are blind or visually impaired ADD} licensed as vending facility operators are afforded the maximum opportunity by which to engage in the conduct of vending within state buildings it is hereby intended that all agencies, departments, and institutions comply with the provisions of this chapter.

40-9-11.5. Vending machine income. -- Vending machine income obtained from the operation of vending machines on state property shall accrue (1) to the {DEL blind DEL} licensee {ADD who is blind or visually impaired ADD} operating a vending facility on state property, or (2) in the event there is no {DEL blind DEL} licensee {ADD who is blind or visually impaired ADD} operating the facility on state property, to the state services for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired for use in the support of the administration of the business enterprises, vending facilities program.

40-9-11.6. Definitions. -- (a) " {DEL Blind person DEL} {ADD Person who is blind or visually impaired ADD}" means a person whose visual acuity is found to be 20/200 or less in the better eye with best correction, or visual acuity of better than 20/200 if the widest diameter of the field of vision subtends an angle no greater than twenty (20) degrees. Blindness shall be determined by a physician skilled in the diseases of the eye and certification thereof shall be made by the ophthalmological consultant at the state services for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired.

(b) "Licensed operator" means a {DEL blind DEL} person {ADD who is blind or visually impaired ADD} who has received from the state services for {DEL the DEL} {ADD persons who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired a license which entitles that person to operate a vending facility, receive the profits therefrom and take responsibility for the continuous maintenance of the facility to which he or she is assigned.

(c) "State property" means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality wholly owned by the state, unless, with respect to any building, land, or other real property, leased or rented by the state, the lease or rental agreement shall prohibit the establishment of the vending facilities. The state shall use its best efforts to obtain permission to establish vending facilities in buildings, land, or other real property hereafter leased or rented by the state.

(d) "Vending facility" means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the state services for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired, and including the vending or exchange of chances for any lottery authorized by state law.

40-9-15. Reports of blindness of persons. -- (a) Whenever, upon examination at a clinic, hospital, or other institution, or elsewhere, by a physician, optometrist or other person, the visual acuity of any person is found to be 20/200 or less in the better eye with the best correction, or the visual acuity is better than 20/200 if the widest diameter of the field of vision subtends an angle no greater than twenty (20) degrees, the superintendent or other person in charge of the clinic, hospital, or other institution, or the physician, optometrist or other person who conducted or was in charge of the examination if it took place elsewhere than in the clinic, hospital, or other institution, shall within thirty (30) days report to the director of the department of human services the result of the examination, and that the blindness of the person examined has been established.

(b) Any state, city, and town agencies administering benefits to the blind or {DEL nearly blind DEL} {ADD visually impaired ADD} by way of tax exemptions, welfare payments, or otherwise, shall report the names of the persons to the assistant director for motor vehicles for the purpose of evaluation by the medical advisory board within the division of motor vehicles as to the fitness of the persons to safely operate motor vehicles upon the highways of this state.

40-9-17. Confidentiality of reports -- Authorized uses -- Penalty for disclosure. -- All reports mentioned in section 40-9-15 are hereby declared to constitute confidential matter. It shall be unlawful for any person to make use of or cause to be used, any information contained in the reports for purposes not directly connected with the administration of services for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired or the division of motor vehicles, except with the consent of the individual concerned. The director of human services shall have the power to establish rules and regulations governing the custody, use, and preservation of the reports which shall have the same force and effect as law. The reports shall be produced in response to a duces tecum properly issued by any federal or state court; provided, however, that the purpose for which the subpoena is sought is directly connected with the administration of services for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired. No subpoena shall be issued by a court asking either for the reports, or for persons having custody or access to the reports, unless the litigation involved in the matter is directly connected with the administration of services for {DEL the DEL} {ADD people who are ADD} blind {DEL and DEL} {ADD or ADD} visually impaired. Any person violating any of the provisions of this section, or the lawful rules and regulations made hereunder, shall be deemed guilty of a misdemeanor, and shall be fined not more than two hundred dollars ($200) or shall be imprisoned for not more than six (6) months, or both. Nothing in this section shall be deemed to prohibit the director of the department of human services, or his or her agents duly authorized for that purpose, from issuing any statistical material or data, or publishing or causing the data to be published whenever he or she shall deem it to be in the public interest.

SECTION 100. Section 40-9.1-4 of the General Laws in Chapter 40-9.1 entitled "Equal Rights of Blind and Deaf Persons to Public Facilities" is hereby amended to read as follows:

40-9.1-4. Enforcement of anti-discrimination provisions. -- The Rhode Island commission for human rights is empowered and directed, as hereinafter provided, to prevent any person from violating any of the provisions of this chapter, provided that before instituting a formal hearing it shall attempt by informal methods of conference, persuasion and conciliation, to induce compliance with those sections. Upon the commission's own initiative or whenever an aggrieved individual or an organization chartered for the purpose of combating discrimination or of safeguarding civil liberties or rights of persons with {DEL handicaps DEL} {ADD disabilities ADD}, such individual or organization being hereinafter referred to as the complainant, makes a charge to the commission that any person, agency, bureau, corporation or association, hereinafter referred to as the respondent, has violated or is violating any of the provisions of this chapter, the said commission may proceed in the same manner and with the same powers as provided is sections 28-5-16 to 28-5-27, inclusive, and the provisions of sections 28-5-13 and 28-5-16 to 28-5-36, inclusive, as to the powers, duties and rights of the commission, its members, hearing examiners, the complainant, respondent, interviewer and the court shall apply in any proceedings under this section.

SECTION 101. Sections 40-11-2 and 40-11-3 of the General Laws in Chapter 40-11 entitled "Abused and Neglected Children" are hereby amended to read as follows:

40-11-2. Definitions. -- When used in this chapter and unless the specific context indicates otherwise:

(1) "Abused and/or neglected child" means a child whose physical or mental health or welfare is harmed or threatened with harm when his or her parent or other person responsible for his or her welfare:

(i) Inflicts, or allows to be inflicted upon the child physical or mental injury, including excessive corporal punishment; or

(ii) Creates or allows to be created a substantial risk of physical or mental injury to the child, including excessive corporal punishment; or

(iii) Commits or allows to be committed, against the child, an act of sexual abuse; or

(iv) Fails to supply the child with adequate food, clothing, shelter, or medical care, though financially able to do so or offered financial or other reasonable means to do so; or

(v) Fails to provide the child with a minimum degree of care or proper supervision or guardianship because of his or her unwillingness or inability to do so by situations or conditions such as, but not limited to, social or psychiatric problems or disorders, mental incompetency, or the use of a drug, drugs, or alcohol to the extent that the parent or other person responsible for the child's welfare loses his or her ability or is unwilling to properly care for the child; or

(vi) Abandons or deserts the child; or

(vii) Sexually exploits the child in that the person allows, permits or encourages the child to engage in prostitution as defined by the provisions of chapter 34 of title 11, entitled "Prostitution and Lewdness"; or

(viii) Sexually exploits the child in that the person allows, permits, encourages or engages in the obscene or pornographic photographing, filming or depiction of the child in a setting which taken as a whole suggests to the average person that the child is about to engage in or has engaged in, any sexual act, or which depicts any such child under eighteen (18) years of age, performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality; or

(ix) Commits or allows to be committed any sexual offense against the child as such sexual offenses are defined by the provisions of chapter 37 of title 11 entitled "Sexual Assault", as amended; or

(x) Commits or allows to be committed against any child an act involving sexual penetration or sexual contact if the child is under fifteen (15) years of age; or if the child is fifteen (15) years or older, and (1) force or coercion is used by the perpetrator, or (2) the perpetrator knows or has reason to know that the victim is {DEL mentally incapacitated, mentally defective DEL} {ADD a severely impaired person as defined by the provisions of chapter 11-5-11 ADD}, or physically helpless {ADD as defined by the provisions of chapter 11-37-6 ADD}.

(2) "Child" means a person under the age of eighteen (18).

(3) "Child protective investigator" means an employee of the department charged with responsibility for investigating complaints and/or referrals of child abuse and/or neglect and institutional child abuse and/or neglect.

(4) "Department" means department of children, youth, and families.

(5) "Institution" means any private or public hospital or other facility providing medical and/or psychiatric diagnosis, treatment, and care.

(6) "Institutional child abuse and neglect" means situations of known or suspected child abuse or neglect where the person allegedly responsible for the abuse or neglect is a foster parent or the employee of a public or private residential child care institution or agency; or any staff person providing out-of-home care or situations where the suspected abuse or neglect occurs as a result of the institution's practices, policies, or conditions.

(7) "Law enforcement agency" means the police department in any city or town and/or the state police.

(8) "Mental injury" includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as: failure to thrive; ability to think or reason; control of aggressive or self-destructive impulses; acting-out or misbehavior, including incorrigibility, ungovernability, or habitual truancy; provided, however, that the injury must be clearly attributable to the unwillingness or inability of the parent or other person responsible for the child's welfare to exercise a minimum degree of care toward the child.

(9) "Person responsible for child's welfare" means the child's parent, guardian, foster parent, an employee of a public or private residential home or facility, or any staff person providing out-of-home care (out-of-home care means child day care to include family day care, group day care, and center-based day care).

(10) "Physician" means any licensed doctor of medicine, licensed osteopathic physician, and any physician, intern, or resident of an institution as defined in subdivision (5).

(11) "Probable cause" means facts and circumstances based upon as accurate and reliable information as possible that would justify a reasonable person to suspect that a child is abused or neglected. The facts and circumstances may include evidence of an injury or injuries, and the statements of a person worthy of belief, even if there is no present evidence of injury.

40-11-3. Duty to report -- Deprivation of nutrition or medical treatment. -- (a) Any person who has reasonable cause to know or suspect that any child has been abused or neglected as defined in section40-11-2 or has been a victim of sexual abuse by another child shall, within twenty-four (24) hours, transfer that information to the department for children and their families or its agent who shall cause the report to be investigated immediately. As a result of those reports and referrals, protective social services shall be made available to those children in an effort to safeguard and enhance the welfare of those children and to provide a means to prevent further abuse or neglect. The department shall establish and implement a single, statewide, toll-free telephone to operate twenty-four (24) hours per day, seven (7) days per week for the receipt of reports concerning child abuse and neglect, which reports shall be electronically recorded and placed in the central registry established by section 42-72-7. The electronically recorded records, properly indexed by date and other essential identifying data, shall be maintained for a minimum of three (3) years; provided, however, any person who has been reported for child abuse and/or neglect and who has been determined not to have neglected and/or abused a child, shall have his or her record expunged as to that incident three (3) years after that determination. The department shall establish rules and regulations requiring hospitals, health care centers, emergency rooms and other appropriate health facilities to report on a quarterly basis the number of cases reported by these institutions as suspected child abuse.

(b) The reporting shall include immediate notification of the department of any instance where parents of an infant have requested deprivation of nutrition that is necessary to sustain life and/or who have requested deprivation of medical or surgical intervention that is necessary to remedy or ameliorate a life threatening medical condition, if the nutrition or medical or surgical intervention is generally provided to similar nutritional, medical, or surgical conditioned infants, {DEL handicapped or nonhandicapped DEL} {ADD whether disabled or not ADD}.

(c) Nothing in this section shall be interpreted to prevent a child's parents and physician from discontinuing the use of life-support systems or nonpalliative treatment for a child who is terminally ill where, in the opinion of the child's physician exercising competent medical judgment, the child has no reasonable chance of recovery from the terminal illness despite every appropriate medical treatment to correct the condition.

SECTION 102. Sections 40-14-1, 40-14-2, 40-14-3, 40-14-4, 40-14-5 and 40-14-8 of the General Laws in Chapter 40-14 entitled "Equipment Loan Fund for the Handicapped" are hereby amended to read as follows:

40-14-1. Definitions. -- For the purpose of this chapter, the following terms shall have the following meanings:

(1) "Department" means the state department of human services.

(2) "Director" means the director of the department of human services.

(3) "Fund" means the equipment loan fund for {DEL the handicapped DEL} {ADD people with disabilities ADD}.

(4) " {DEL Handicapped person DEL} {ADD Person with a disability ADD}" means any person who {DEL suffers from DEL} {ADD has ADD} a physical or mental impairment {DEL or infirmity DEL}, whether congenital or resulting from trauma or disease, that substantially limits one or more major life activities.

40-14-2. Fund established. -- There is hereby established a separate fund within the general fund to be called the equipment loan fund for {DEL the handicapped DEL} {ADD people with disabilities ADD}, which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. There is hereby appropriated to this fund the sum of one hundred thousand dollars ($100,000). The department through its vocational rehabilitation agency shall be responsible for the administration of the program but may contract with organizations in carrying out the provisions of this chapter. All payments of interest and repayments of principal made by recipients of loans under this chapter shall be credited to general revenues.

40-14-3. Purpose of fund. -- The fund shall provide loans to finance the purchase or replacement of essential equipment used by {DEL handicapped DEL} persons {ADD with disabilities ADD} for daily living or vocational functioning, including, but not limited to, prostheses, ramps, wheelchairs, wheelchair van lifts, and devices enabling persons with vision impairment to utilize printed materials.

40-14-4. Eligibility. -- Eligibility for loans from the fund shall be based upon need pursuant to rules and regulations promulgated by the director. It is the intent of the general assembly that loans from the fund be available to {DEL handicapped DEL} persons {ADD with disabilities ADD} whose personal financial resources are such that they can not purchase the equipment directly without undue hardship.

40-14-5. Persons to whom available. -- Loans shall be made available directly to the {DEL handicapped DEL} person {ADD with a disability ADD} or, where appropriate, to the {DEL handicapped person's DEL} parent or legal guardian {ADD of the person with a disability ADD}.

40-14-8. Rules and regulations. -- The director shall, with the advice of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD}, promulgate rules and regulations concerning eligibility, interest rates, repayment terms, and such other matters as are necessary and proper to carry out the purpose of this chapter.

SECTION 103. Section 40-15-1 of the General Laws in Chapter 40-15 entitled "Interstate Compact on the Placement of Children" is hereby amended to read as follows:

40-15-1. Compact enacted. -- The interstate compact on the placement of children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will be promoted.

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally subject to parental guardianship or similar control.

(b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.

(c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for {DEL the DEL} {ADD people who are ADD} mentally ill, {DEL mentally defective or epileptic DEL} or any institution primarily educational in character, and any hospital or other medical facility.

(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) the name, date and place of birth of the child;

(2) the identity and address or addresses of the parents or legal guardian;

(3) the name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child;

(4) a full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:

1. equivalent facilities for the child are not available in the sending agency's jurisdiction; and

2. institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his or her jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

This compact shall not apply to:

(a) the sending or bringing of a child into a receiving state by his or her parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state;

(b) any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

SECTION 104. Section 40-18-2 of the General Laws in Chapter 40-18 entitled "Long Term Home Health Care--Alternative to Placement in a Skilled Nursing or Intermediate Care Facility" is hereby amended to read as follows:

40-18-2. Definitions. -- As used in this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires:

(1) "Adult day care service" means a comprehensive supervised program on a regularly scheduled basis to {DEL mentally and/or physically handicapped DEL} adults {ADD with disabilities ADD} for a substantial part of the day in a single physical location for a specified number of participants daily. The adult day care center shall be reviewed and approved by the department of elderly affairs or other appropriate state agency. Adult day care services may include, but are not limited to, medical supervision, social and educational activities, snacks and/or hot lunch, and transportation to and from the day care site. All adult day care services must meet the conditions set forth in the rules and regulations of the department of elderly affairs and must provide these services as an alternative to twenty-four (24) hour long term institutional care.

(2) "Case management services" means the coordination of a plan of care and services provided at home to {DEL invalid, infirm, or disabled DEL} persons {ADD with disabilities ADD} who are medically eligible for placement in a skilled nursing facility or an intermediate care facility upon discharge from a hospital. Such programs shall be provided in the person's home or in the home of a responsible relative or other responsible adult, but not provided in a skilled nursing facility and/or an intermediate care facility.

(3) "Certified home health" means a home care services agency which is licensed by the state and which is qualified to participate as home health agency under the provisions of titles XVII and XIX of the federal Social Security Act, 42 U.S.C. section 1395x, and shall provide, directly or through contract arrangement, a minimum of the following services, which are of a preventative, therapeutic, rehabilitative health guidance, and/or supportive nature to persons at home: skilled nursing services, physical therapy, occupational therapy, speech therapy, and home health aide services.

(4) "Director" means the director of the department of human services.

(5) "Emergency response system" means a twenty-four (24) hour per day monitoring service designed for use by elderly adults in the community. The purpose of that system is to provide contact between the elderly adult in the community and the appropriate emergency response agency.

(6) "Government funds" means funds provided under the provisions of chapter 8 of title 40.

(7) "Home care services" means those services provided by (i) medicare/medicaid certified and state licensed home health agency and (ii) state licensed home health aide/homemaker agency.

(8) "Home health aide/homemaker agency", defined in section 23-17.7-2, means: (i) home health aide services, at a minimum, includes assistance with personal hygiene, dressing, feeding, and household tasks essential to the patient's health and (ii) homemaker services, at a minimum, includes light work or household tasks such as cooking, cleaning, shopping, and laundry.

(9) "Hospital" means a hospital as defined in chapter 17 of title 23.

SECTION 105. Sections 40.1-2-19 and 40.1-2-20 of the General Laws in Chapter 40.1-2 entitled "Administration Of State Institutions" are hereby amended to read as follows:

40.1-2-19. Treatment and isolation of diseased residents -- Detention after time for release. -- Every inmate, prisoner, patient, or pupil in any of the institutions under the department's control, who {DEL is afflicted with DEL} {ADD has ADD} any dangerous, infectious or contagious disease, including syphilis in the infectious stages and gonococcus infection, shall be forthwith placed under medical treatment, and if in the opinion of the attending physician it is necessary, shall be isolated until danger of contagion has passed or until the attending physician determines that further isolation is unnecessary; and if danger of contagion shall not have passed or if further isolation is still necessary at the expiration of sentence or at the time for discharge or release from the institution, the afflicted inmate, prisoner, patient, or pupil shall be detained in the institution and continued under medical treatment until the attending physician shall determine that his or her discharge or release from the institution will not endanger the public health; and during such period of detention, the person so detained shall be supported in the same manner as before the detention.

40.1-2-20. Records of venereal disease. -- For the statistical purposes of the department of health, the department of mental health, retardation, and hospitals shall keep records of all cases of venereal diseases in institutions under its control, but those records shall not be open to public inspection, and the department of mental health, retardation, and hospitals shall make every reasonable effort to keep secret the identity of those {DEL afflicted by DEL} {ADD with ADD} such diseases so far as may be consistent with the enforcement of the provisions of sections 40.1-2-16 -- 40.1-2-21 and with the protection of the public health.

SECTION 106. Section 40.1-5-14 of the General Laws in Chapter 40.1-5 entitled "Mental Health Law" is hereby amended to read as follows:

40.1-5-14. Appointment and term of office of mental health advocate. -- The governor with the advice and consent of the senate shall appoint a member of the bar of this state who has been practicing law for at least five (5) years to fill the office of the mental health advocate. The appointment shall be made from a list of at least three (3) persons prepared and submitted by a committee consisting of one attorney appointed by the Rhode Island {DEL protection and advocacy system DEL} {ADD disability law center ADD}; one person appointed by the Rhode Island association for mental health; one person appointed by the alliance for the mentally ill of Rhode Island; three (3) persons appointed by the coalition of consumer self advocates; one psychiatrist, appointed by the Rhode Island district branch of the American psychiatric association; one psychologist appointed by the Rhode Island psychological association; one social worker appointed by the Rhode Island chapter of the national association of social workers; and two (2) members of the general public appointed by the governor. The person appointed mental health advocate shall hold office for a term of five (5) years and shall continue to hold office until his or her successor is appointed and qualified.

SECTION 107. Section 40.1-5.4-9 of the General Laws in Chapter 40.1-5.4 entitled "Division of Mental Health" is hereby amended to read as follows:

40.1-5.4-9. Authority to lease. -- Notwithstanding the provisions of section 42-11-2, the department of mental health, retardation and hospitals may make available on such terms and conditions and for such period as it deems proper, facilities under its jurisdiction, or space therein, to affiliating nonprofit agencies, provided that the premises are utilized for direct or supportive services to {DEL the DEL} {ADD persons who are ADD} mentally ill and their families, and/or for education and training of any discipline concerned with the problems of serious mental illness and/or research directed to the problems of serious mental illness.

SECTION 108. Section 40.1-8-1 of the General Laws in Chapter 40.1-8 entitled "Governor's Committee on Mental Retardation" is hereby amended to read as follows:

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

SECTION 109. Section 40.1-9-1 of the General Laws in Chapter 40.1-9 entitled "Interstate Compact on Mental Health" is hereby amended to read as follows:

40.1-9-1. Enactment of compact. -- The interstate compact on mental health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:

The contracting states solemnly agree that:

The party states find that the proper and expeditious treatment of {DEL the DEL} {ADD persons who are ADD} mentally ill and {DEL mentally deficient DEL} {ADD developmentally disabled ADD} can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of {DEL the DEL} {ADD people who are ADD} mentally ill and {DEL mentally deficient DEL} {ADD developmentally disabled ADD} under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

As used in this compact:

(a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.

(b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.

(c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or {DEL mental deficiency DEL} {ADD developmental disabilities ADD}.

(d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.

(e) "Aftercare" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.

(f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.

(g) " {DEL Mental deficiency DEL} {ADD Developmentally disabled ADD}" shall mean {DEL mental deficiency DEL} {ADD developmentally disabled ADD} as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing him or herself and his or her affairs, but shall not include mental illness as defined herein.

(h) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or {DEL mental deficiency DEL} {ADD developmentally disabled ADD}, he or she shall be eligible for care and treatment in an institution in that state irrespective of his or her residence, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he or she would be taken if he or she were a local patient.

(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.

(c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he or she shall be detained in the state where found pending disposition in accordance with law.

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

(a) No person shall be deemed a patient of more than one (1) institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two (2) or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.

(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of {DEL the DEL} {ADD persons who are ADD} mentally ill or {DEL mental deficiency DEL} {ADD developmentally disabled ADD}, or any statutory authority pursuant to which such agreements may be made.

(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties and responsibilities of any patient's guardian on his or her own behalf or in respect of any patient for whom he or she may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his or her power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

(a) No provision of this compact except article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or {DEL mental deficiency DEL} {ADD developmental disability ADD}, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or {DEL mental deficiency DEL} {ADD developmental disability ADD}.

(a) Each party state shall appoint a "compact administrator" who, on behalf of his or her state, shall act as general coordinator of activities under the compact in his or her state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his or her state either in the capacity of sending or receiving state. The compact administrator or his or her duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

The duly constituted administrative authorities of any two (2) or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or {DEL mental deficiency DEL} {ADD developmental disability ADD}. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one (1) year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.

(b) Withdrawal from any agreement permitted by article VII (b) as to costs or from any supplementary agreement made pursuant to article XI shall be in accordance with the terms of such agreement.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

SECTION 110. Sections 40.1-21-6.1, 40.1-21-11, 40.1-21-15, 40.1-21-16 and 40.1-21-17 of the General Laws in Chapter 40.1-21 entitled "Division of Developmental Disabilities" are hereby amended to read as follows:

40.1-21-6.1. Admission to developmental disabilities services. -- {DEL Developmentally DEL} {ADD Adults who are developmentally ADD} disabled {DEL adults DEL} shall be admitted for developmental disability services under the provisions of this chapter within the limit of available appropriations in accordance with the following procedures:

(1) Any person believed to be developmentally disabled, a parent, guardian, relative, or advocate of the person may be referred or make written application to the department on forms provided by the department for diagnosis and evaluation.

(2) After the identification diagnosis and evaluation is completed;

(i) It shall be determined if the person is developmentally disabled, and, if so, the degree of {DEL handicap DEL} {ADD impairment ADD};

(ii) Recommendations shall be made as to what services, if any, the person requires; and

(iii) An individualized program plan for each {ADD adult who is ADD} developmentally disabled {DEL adult DEL}, shall be established, and funding and case management or subsidized access with or without service brokerage shall be determined;

(iv) Every effort shall be made to involve the {ADD person who is ADD} developmentally disable {DEL person DEL}, his or her guardian, parent, relative, or advocate in the creation of the individualized program plan; and

(v) Each person and his or her parent or guardian shall be provided a written copy of an approved individualized program plan developed for the person.

40.1-21-11. References to director or assistant director of social welfare. -- Whenever, in any general or special law, reference is or shall be made to the director of social welfare or the assistant director of social welfare for curative services pertaining to the Doctor Joseph H. Ladd Center, programs, and services for {DEL the DEL} {ADD people who are ADD} mentally retarded, the reference shall mean, and be construed to mean the director of mental health, retardation, and hospitals.

40.1-21-15. Self-sufficiency trust fund. -- (a) There is hereby created the self-sufficiency trust fund. The state treasurer, ex officio, shall be custodian of the trust fund, and the controller shall direct payments from the trust fund upon vouchers properly certified by the director of mental health, retardation and hospitals. The treasurer shall credit interest on the trust fund to the trust fund, and the director shall allocate such interest pro rate to the respective accounts of the named beneficiaries of the trust fund. For the purposes of this section, the term "self-sufficiency trust" means a trust created by a nonprofit corporation which is a 501-C-3 organization under the United States Internal Revenue Code of 1954, 26 U.S.C. section 501(c)(3) and which was organized under the Nonprofit Corporation Act, chapter 6 of title 7, for the purpose of providing for the care, or treatment of one or more, {DEL mentally ill or physically handicapped DEL} persons {ADD with disabilities ADD} or persons otherwise eligible for department services.

(b) The department shall adopt such rules and procedures under the Administrative Procedures Act, chapter 35 of title 42, as may be necessary or useful for the administration of the trust fund.

40.1-21-16. Administration of self-sufficiency trust fund. -- (a) The department of mental health, retardation and hospitals may accept money from a self-sufficiency trust for deposit in the trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are {DEL mentally ill or physically handicapped DEL} persons {ADD with disabilities ADD} or persons otherwise eligible for department services residing in this state and specifying the care, or treatment to be provided for them. The department shall maintain a separate account in the trust fund for each named beneficiary.

(b) The money in these accounts shall be spent by the department, pursuant to its rules, only to provide care and treatment for the named beneficiaries in accordance with the terms of the agreement.

(c) In the event that the director determines that the money in the account of a named beneficiary cannot be used for the care or treatment of the beneficiary in a manner consistent with the rules of the department and the agreement, or upon request of the self-sufficiency trust, the remaining money in that account, together with any accumulated interest on that account, shall be promptly returned to the self-sufficiency trust which deposited the money in the trust fund.

(d) The receipt by a beneficiary of money from the trust fund or of care or treatment provided with that money, shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law.

40.1-21-17. Special restricted fund. -- The fund for {DEL the DEL} {ADD persons who are ADD} disabled is created as a special restricted receipt fund from the state treasury. The director may accept money from any source for deposit into the fund. The money in the fund shall be used by the department, subject to an appropriation, for the purpose of providing for the care, and treatment of low income, {DEL mentally ill and physically handicapped DEL} persons {ADD with disabilities ADD}, or low income persons otherwise eligible for department services, as defined by the department.

SECTION 111. Section 40.1-22-9 of the General Laws in Chapter 40.1-22 entitled "Developmental Disabilities" is hereby amended to read as follows:

40.1-22-9. Admission upon application of director, relative, or guardian. -- (a) (1) Upon the application of the director of the department of mental health, retardation, and hospitals or his or her designee, or of any relative, next of kin, or legally designated guardian of a person alleged to be developmentally disabled, and in need of immediate care and treatment, the superintendent or other official in charge of any facility may receive the person; provided the application is accompanied by the certificate of one examining physician; provided further that the person alleged to be developmentally disabled does not object to admission, or that parents, guardian, spouse, or next of kin do not object if under eighteen (18); and provided further that the need for residential care shall be confirmed by the facility by a team examination within twenty (20) days of admission.

(2) If objection is raised, by the person, or by the parent, guardian, spouse, or next of kin, then the matter shall be heard as provided in section 40.1-22-10, so far as possible.

(b) If upon examination at the facility by a team the need of the client for residential care and treatment is not confirmed, the client shall be discharged.

(c) If upon examination by a team at the facility the need of the client for residential care and treatment is confirmed and the client agrees to remain in the facility as a voluntary client, then he or she shall be considered a voluntary client as of the date of his or her so agreeing.

(d) If upon examination at the facility the need of the client for residential care and treatment is confirmed and the client, if over eighteen (18), declines or refuses to remain in the facility as a voluntary client, then the certificate of a team supporting the application shall be filed with the facility. The team may be on the staff of any facility as herein defined, but persons on this team shall have no interest, directly or indirectly, in the assets or estate of the {ADD person who is ADD} mentally retarded {DEL person DEL}, nor shall they be related to the person by blood or marriage. The examination and certification shall be made no later than ten (10) days from the date of the confirmation of the client's need for hospitalization, care, and treatment at the facility.

(e) From the time of his or her admission under the previous subsection, the retention of the person for residential care and treatment shall be subject to the provisions for notice, hearing, review, and judicial approval of continued retention or transfer and continued retention as provided in this chapter. For the purposes of subsections (d) and (e) of this section the date of admission of the client shall be deemed to be the date of the second examination and certification.

(f) Failure to obtain the second certificate as required within the period specified shall result in the discharge of client no later than twenty (20) days after his or her original admission to the facility under the provisions of this chapter.

SECTION 112. Sections 40.1-24-1, 40.1-24-2, 40.1-24-17, 40.1-24-19 and 40.1-24-21 of the General Laws in Chapter 40.1-24 entitled "Licensing of Facilities and Programs for the Mentally Ill and the Mentally Retarded" are hereby amended to read as follows:

40.1-24-1. Definitions. -- As used in this chapter:

(1) "Adult foster home" means a private family living arrangement which, through financial support from the parent deinstitutionalization subsidy aid program, provides housing and supervision to two (2) or more adults who are mentally ill or mentally retarded or otherwise eligible under section 40.1-1-10.1. Foster homes serving fewer than two (2) adults, foster home situations wherein the foster parents are natural or adoptive parent(s) or grandparents, and any facility licensed by the department of children, youth, and families shall be excluded for the purposes of this chapter.

(2) "Community residence" means any home or other living arrangement which is established, offered, maintained, conducted, managed, or operated by any person for a period of at least twenty-four (24) hours, where, on a twenty-four (24) hour basis, direct supervision is provided for the purpose of providing rehabilitative treatment, habilitation, psychological support, and/or social guidance for three (3) or more persons who are mentally ill or mentally retarded. The facilities shall include but not be limited to group homes, halfway houses, and fully supervised apartment programs. Semi independent living programs, foster care, and parent deinstitutionalization subsidy aid programs shall not be considered community residences for the purposes of this chapter.

(3) "Day treatment program" means any nonresidential facility which is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide therapeutic intervention to persons who are mentally ill, or mentally retarded. These shall include but not be limited to outpatient programs for {DEL the DEL} {ADD persons who are ADD} mentally ill or mentally retarded.

(4) "Department" means the department of mental health, retardation and hospitals.

(5) "Facility" means any community residence, day treatment program, rehabilitation program, public or private, excluding hospitals or units within hospitals for {DEL the DEL} {ADD persons who are ADD} mentally ill or mentally retarded providing program services which do not constitute medical or custodial care, but do offer rehabilitation, habilitation, psychological support, and social guidance.

(6) "Habilitation program" means any nonresidential facility which is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide training in basic daily living skills and developmental activities, prevocational skills and/or vocational training and placement, and follow up for {DEL the DEL} {ADD people who are ADD} mentally ill or mentally retarded. These shall include but not be limited to early intervention, adult development, work activities, sheltered workshops, advanced workshops, and job development and training programs. Sheltered workshops not exclusively for {DEL the DEL} {ADD people who are ADD} mentally ill or mentally retarded shall be excluded for the purposes of this chapter.

(7) "Person" means any individual, governmental unit, corporation, company, association, or joint stock association and the legal successor thereof.

(8) "Program" means a planned service delivery system structured to provide specific components which are responsive to the needs of those served.

(9) "Rehabilitation program" means any facility which is established, offered, maintained, conducted, managed, or operated by any person to provide restorative therapy and/or training to persons who are mentally ill or mentally retarded. These shall include but not be limited to community mental health centers. Sheltered workshops not exclusively for {DEL the DEL} {ADD people who are ADD} mentally ill or mentally retarded shall be excluded for the purposes of this chapter.

40.1-24-2. Purpose. -- The purpose of this chapter is to provide for the development, establishment, and enforcement of standards:

(1) For facilities and programs providing rehabilitation, psychological support, and social guidance to individuals who are mentally ill or mentally retarded;

(2) For the construction, maintenance, and operation of facilities which will promote safe and adequate accommodations for individuals who are mentally ill or mentally retarded; and

(3) For the establishment of a comprehensive licensing policy with respect to facilities and programs for {DEL the DEL} {ADD people who are ADD} mentally ill {DEL and the DEL} {ADD or ADD} mentally retarded.

40.1-24-17. Power to enforce chapter. -- The director of the Rhode Island state department of mental health, retardation, and hospitals shall have power to enforce the provisions of this chapter in any and all applications of this chapter that involve the regulation and licensing of facilities, programs, persons, community residences, day treatment programs, habilitation programs, rehabilitation programs, and adult foster homes intended to provide services to {DEL the DEL} {ADD people who are ADD} mentally ill or mentally retarded.

40.1-24-19. Aftercare programs. -- (a) All community residences that provide care for {DEL the DEL} {ADD people who are ADD} mentally ill, {DEL the DEL} {ADD or ADD} alcohol {DEL ic DEL}, and/or drug abusers, which are funded in whole or in part by state funds, shall establish an aftercare program. The program shall require the following:

(1) A minimum of two (2) follow-up contact attempts to be made within six (6) months after discharge. The follow-up attempts, successful or unsuccessful, shall be recorded in the client record. This documentation shall include:

(i) In the case of successful follow-up, a summary of the client's progress or regression shall be noted in the record.

(ii) In the case of an unsuccessful follow-up, a record shall be made of:

(A) Date and time of attempted contact.

(B) Type of contact.

(C) Reason for unsuccessful contact.

(D) Plan for future follow-up contact attempt.

(b) The program shall be operated with existing funds appropriated pursuant to this chapter.

(c) Evaluation and monitoring of this program shall be conducted annually by the department of mental health, retardation, and hospitals.

40.1-24-21. Competency evaluation and training programs for residential instructors. -- Individuals employed as residential instructors in privately and publicly operated residential programs for {DEL the DEL} {ADD persons who are ADD} mentally retarded or developmentally disabled licensed pursuant to the provisions of this chapter shall successfully pass a qualifying competency evaluation or complete a training program. Competency evaluation and training programs must be approved by the divisions of {DEL retardation services and DEL} developmental disabilities of the department of mental health, retardation and hospitals and incorporated into the department's rules, regulations and standards for licensing facilities pursuant to chapter 24 of title 40.1. The residential instructor competency evaluation and curriculum shall be assembled by December 31, 1991. Those employees hired after December 31, 1991 shall complete the required residential instructor training within the first six (6) months of employment. The competency evaluations for staff employed as of, June 18, 1991, shall be completed by March 31, 1992.

SECTION 113. The title of Chapter 40.1-24 of the General Laws entitled "Licensing of Facilities and Programs for the Mentally Ill and the Mentally Retarded" is hereby amended to read as follows:

SECTION 114. Section 42-11.2-15 of the General Laws in Chapter 42-11.2 entitled "Affordable Housing Opportunity" is hereby amended to read as follows:

42-11.2-15. Annual report. -- On or before January 15 of each calendar year, the executive department shall publish an annual report regarding its administration of the affordable housing opportunity program established under this chapter during the preceding calendar year, and shall include, at a minimum, the following:

(a) The number of applications for assistance under this chapter received by the executive department.

(b) The number of applications receiving a commitment for assistance under this chapter by the executive department.

(c) For each application received by the executive department, the following information:

(i) The name, address, and telephone number of the applicant;

(ii) The date of submission of the application;

(iii) The name and address of all persons or entities having an ownership interest or other equity interest in the property which is the subject of the application for assistance;

(iv) The total number of dwelling units contained in the development;

(v) The total number of units for which assistance under this chapter is sought;

(vi) The address or location of the property which is the subject of the application;

(vii) Whether the application is for acquisition, construction, or substantial rehabilitation of currently available dwelling units;

(viii) The number of elderly {ADD units ADD}, {DEL handicapped DEL} {ADD units accessible to people with disabilities ADD} and family units for which assistance under this chapter is sought;

(ix) Whether the application received a commitment for assistance under this chapter; and

(x) If the application did not receive a commitment for assistance, a short statement of the reasons why assistance was not or will not be provided.

(d) The total number of units which have received assistance under this chapter since the inception of the affordable housing opportunity program.

(e) Total funding remaining under the affordable housing opportunity program for the current fiscal year.

SECTION 115. Sections 42-12-4, 42-12-8, and 42-12-10 of the General Laws in Chapter 42-12 entitled "Department of Human Services" are hereby amended to read as follows:

42-12-4. Welfare supervision. -- The department of human services shall have supervision and management of:

(a) All forms of public assistance under the control of the state;

(b) Old-age assistance;

(c) Aid to dependent children;

(d) Aid to {DEL the DEL} {ADD persons who are ADD} blind;

(e) Unemployment relief; and

(f) Aid to families of persons committed to state institutions within the department.

The department shall also have supervision over the placement of children in private homes or institutions.

42-12-8. Vocational rehabilitation services provided by department. -- The state department of human services is hereby authorized and empowered to provide for the vocational rehabilitation of {DEL disabled DEL} persons {ADD with disabilities ADD} and their return to civil employment. If any person, by reason of {DEL physical or mental defect or infirmity DEL}, whether congenital or acquired by accident, injury or disease, including those persons suffering from acquired traumatic brain damage, is or may be expected to be totally or partly incapacitated for remunerative employment, the state department of human services may, if the person is a suitable subject for rehabilitation, assist in rendering him fit to engage in remunerative occupation by providing directly or through public or private instrumentalities, any service found by the department of human services to be necessary to compensate a {ADD person who is ADD} disabled {DEL individual DEL} for his or her employment {DEL handicap DEL} {ADD barrier ADD}; such services including but not limited to, medical and vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration including prosthetic appliances, transportation, occupational licenses, customary tools and equipment, maintenance and training books and materials, and neuropsychological evaluation and cognitive retraining. Provided however, with respect to those persons suffering from acquired traumatic brain damage the department of human services shall not have any jurisdiction over the housing of said persons.

42-12-10. Rehabilitation of disadvantaged persons. -- The state department of human services is hereby authorized to provide vocational evaluation and work adjustment services to disadvantaged persons who are {DEL handicapped DEL} {ADD disabled ADD} and other individuals disadvantaged by reason of their youth or advanced age, low educational attainment, ethnic or cultural factors, prison or delinquency records, or other conditions which constitute a barrier to employment. Services may also be provided to family members when necessary to the rehabilitation of the disadvantaged.

SECTION 116. Section 42-13-1 of the General Laws in Chapter 42-13 entitled "Department of Transportation" is hereby amended to read as follows:

42-13-1. Establishment -- Head of departments -- Powers. -- (a) There shall be a department of transportation. The head of the department shall be the director of transportation, appointed by the governor with the advice and consent of the senate, who shall carry out the provisions of this chapter and, except as otherwise provided by this title, the provisions of chapters 2 and 4 of title 1; chapters 8 and 10 of title 24, chapter 13 of title 31; chapter 12 of title 37; and of all other general laws heretofore carried out by the director of public works and the department of public works, the Rhode Island turnpike and bridge authority, and the council on highway safety. The director shall also be responsible for preparation of short-range plans, project plans, and implementation programs for transportation; for port and waterways facilities where the principal purpose is transportation and management of port properties, warehouses, and state piers which function primarily as transportation facilities; and for maintaining an adequate level of rail passenger and freight services, including the administration of any financial or technical assistance which may be made available to operators of railroad transportation facilities, provided, however, that all contracts for the construction, reconstruction, maintenance, and repairs of all public roads and bridges, public buildings and all other properties of the state government, and the purchase of all equipment, materials, and supplies used in accordance therewith shall be negotiated by the purchasing agent in the department of administration.

(b) The director shall adopt and promulgate state regulations which will set standards for future state construction and maintenance of sidewalks and curbs, in a manner which will make the use of the sidewalks more easily accessible to {DEL the physically handicapped DEL} {ADD people who are disabled ADD}. The director shall adopt and promulgate a procedure to process all claims pursuant to section 24-8-35, for damages to motor vehicles caused by potholes on state highways and in all instances have the final determination as to the merits of each claim.

(c) The director shall promulgate and adopt regulations which will prohibit any contractors who have been convicted of fraud, bid-rigging, or a violation of any state or federal antitrust law from bidding on any construction projects administered by the department for a period of five (5) years from the date of any of the above convictions.

SECTION 117. Section 42-47-8 of the General Laws in Chapter 42-47 entitled "Commission on State Government Internships" is hereby amended to read as follows:

42-47-8. Summer internships for the disabled and handicapped college students. -- The commission in consultation with the governor's commission on {ADD disabilities ADD} {DEL the handicapped DEL} and other agencies {ADD servicing people with disabilities ADD} {DEL representing the handicapped DEL} shall establish a summer internship program for students with disabilities {DEL and handicaps DEL}. The student interns shall be placed in state agencies for the purposes of enabling these individuals in establishing an awareness of the governmental process, and also develop academic skills and career goal awareness through experiential education.

SECTION 118. Section 42-66-4 of the General Laws in Chapter 42-66 entitled "Elderly Affairs Department" is hereby amended to read as follows:

42-66-4. Duties of the department. -- (a) The department shall be the principal agency of the state to mobilize the human, physical, and financial resources available to plan, develop, and implement innovative programs to insure the dignity and independence of elderly persons, including the planning, development, and implementation of a home and long-term care program for the elderly in the communities of the state.

(b) (1) The department shall serve as an advocate for the needs of the adult {ADD with a disability ADD} {DEL handicapped DEL} as these needs and services overlap the needs and services of elderly persons.

(2) The department shall serve as the state's central agency for the administration and coordination of a long term care entry system, using community-based access points, that will provide the following services related to long term care: information and referral, initial screening for service and benefits eligibility, and a uniform assessment program for state supported long term care.

(3) The department shall investigate reports of elder abuse and neglect and shall provide and/or coordinate protective services.

(c) To accomplish these objectives, the director is authorized:

(1) To provide assistance to communities in solving local problems with regard to elderly persons including, but not limited to, problems in identifying and coordinating local resources to serve the needs of elderly persons;

(2) To facilitate communications and the free flow of information between communities and the offices, agencies and employees of the state;

(3) To encourage and assist communities, agencies, and state departments to plan, develop, and implement home and long-term care programs;

(4) To provide and act as a clearinghouse for information, data, and other materials relative to elderly persons;

(5) To initiate and carry out studies and analyses which will aid in solving local, regional, and statewide problems concerning elderly persons;

(6) To coordinate those programs of other state agencies designed to assist in the solution of local, regional, and statewide problems concerning elderly persons;

(7) To advise and inform the governor on the affairs and problems of elderly persons in the state;

(8) To exercise the powers and discharge the duties assigned to the director in the fields of health care, nutrition, homemaker services, geriatric day care, economic opportunity, local and regional planning, transportation, and education and preretirement programs;

(9) To further the cooperation of local, state, federal and private agencies and institutions providing for services or having responsibility for elderly persons;

(10) To represent and act on behalf of the state in connection with federal grant programs applicable to programs for elderly persons in the functional areas described in this chapter;

(11) To seek, accept, and otherwise take advantage of all federal aid available to the department, and to assist other agencies of the state, local agencies, and community groups in taking advantage of all federal grants and subventions available for elderly persons and to accept other sources of funds with the approval of the director of administration which shall be deposited as general revenues;

(12) To render advice and assistance to communities and other groups in the preparation and submission of grant applications to state and federal agencies relative to programs for elderly persons;

(13) To review and coordinate those activities of agencies of the state and of any political subdivision of the state at the request of the subdivision, which affect the full and fair utilization of community resources for programs for elderly persons, and initiate programs that will help assure such utilization;

(14) To encourage the formation of councils on aging and to assist local communities in the development of the councils;

(15) To promote, license, and coordinate day care facilities for the frail elderly who are in need of supportive care and supervision during the daytime;

(16) To provide and coordinate the delivery of in-home services to the elderly, as defined under the rules and regulations proposed by the in-home services commission and adopted by the department of elderly affairs;

(17) To advise and inform the public of the risks of accidental hypothermia;

(18) To establish a clearinghouse for information and education of the elderly citizens of the state;

(19) To establish and operate in collaboration with community and aging service agencies a statewide family-caregiver resource network to provide and coordinate family-caregiver training and support services to include counseling and respite services;

(20) To provide and coordinate the "elderly degrees disabled transportation" program; and

(21) To supervise the citizens' commission for the safety and care of the elderly created pursuant to the provisions of chapter 1.4 of title 12.

(d) In order to assist in the discharge of the duties of the department the director may request from any agency of the state information pertinent to the affairs and problems of elderly persons.

SECTION 119. Section 42-66.4-2. of the General Laws in Chapter 42-66.4 entitled "Long-Term Health Care -- Removal from a Skilled Nursing And/Or Intermediate Care Facility" is hereby amended to read as follows:

42-66.4-2. Definitions. -- As used in this chapter, unless the context otherwise requires:

(1) "Adult day care services" means a comprehensive supervised program on a regularly scheduled basis to {DEL physically handicapped DEL} adults {ADD with disabilities ADD} for a substantial part of the day in a single physical location for a specified number of participants daily. The adult day care center shall be reviewed and approved by the department of elderly affairs or other appropriate state agency. Adult day care services may include, but are not limited to, medical supervision, social and educational activities, snacks and/or hot lunch, and transportation to and from the day care site. All adult day care services must meet the conditions set forth in the rules and regulations of the department of elderly affairs and must provide these services as an alternative to twenty-four (24) hour long term institutional care.

(2) "Case management services" means the coordination of a plan of care and services provided at home to {DEL invalid, infirm, or disabled DEL} persons {ADD with disabilities ADD} who are medically eligible for placement in a skilled nursing facility or an intermediate care facility. These programs shall be provided in the person's home or in the home of a responsible relative or other responsible adult, but not provided in a skilled nursing facility and/or an intermediate care facility.

(3) "Certified home health" means a home care services agency which is licensed by the state and which is qualified to participate as a home health agency under the provisions of 42 U.S.C. section 1395 et seq. and section 1396 et seq. and shall provide, directly or through contract arrangement, a minimum of the following services which are of a preventative, therapeutic, rehabilitative health guidance and/or supportive nature to persons at home: skilled nursing services, physical therapy, occupational therapy, speech therapy, and home health aide services.

(4) "Director" means the director of the department of elderly affairs unless the context clearly requires a different meaning.

(5) "Emergency response system" means a twenty-four (24) hour per day monitoring service designed for use by elderly adults in the community. The purpose of the system is to provide contact between the elderly adult in the community and the appropriate emergency response agency.

(6) "Government funds" means funds provided under the provisions of chapter 8 of title 40.

(7) "Home care services" means those services provided by (a) medicare/medicaid certified and state licensed home health agency and (b) state licensed home health aide/homemaker agency.

(8) "Home health aide/homemaker agency," defined in section 23-17.7-2, means:

(i) Home health aide services, at a minimum, includes assistance with personal hygiene, dressing, feeding, and household tasks essential to the patient's health; and

(ii) Homemaker services, at a minimum, includes light work or household tasks such as cooking, cleaning, shopping, and laundry.

(9) "Skilled nursing facility" and "intermediate care facility" shall have the same definition as set forth in title 23, chapter 17.

SECTION 120. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil Rights Act of 1990" is hereby amended to read as follows:

42-112-1. Discrimination prohibited. -- (a) All persons within the state, regardless of race, color, religion, sex, disability, age, or country of ancestral origin, have, except as is otherwise provided or permitted by law, the same rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, and are subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.

(b) For the purposes of this section, the right to "make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and personal property" includes the making, performance, modification and termination of contracts and rights concerning real or personal property, and the enjoyment of all benefits, terms, and conditions of the contractual and other relationships.

(c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, chapter 5.1 of title 28 or any other remedial programs designed to address past societal discrimination.

(d) For the purposes of this section, the terms "sex", " {DEL handicap DEL} {ADD disability ADD} " and "age" have the same meaning as those terms are defined in section 28-5-6, the state fair employment practices act.

SECTION 121. Section 42-128-1 of the General Laws in Chapter 42-128 entitled "Rhode Island Housing Resources Act of 1998" is hereby amended to read as follows:

42-128-1. Findings. -- (a) Rhode Island has an older housing stock which contributes invaluably to community character, and in order to maintain the stability of neighborhoods and to sustain health communities, it is necessary to have programs for housing and community development and revitalization.

(b) Rhode Island has an active private sector that is engaged in supplying housing.

(c) Rhode Island has an active non-profit housing sector, which can, if provided adequate support, assist low and moderate income persons and works to improve conditions in neighborhoods and communities.

(d) Housing that is not adequately maintained is a source of blight in communities and a cause of public health problems. Public health and safety are impaired by poor housing conditions; poisoning from lead paint and respiratory disease (asthma) are significant housing related health problems in Rhode Island.

(e) There is an increasing need for supported living arrangements for the elderly and a continuing need for supported living arrangements for {DEL the DEL} {ADD persons who are ADD} disabled and {ADD /or ADD} {DEL the DEL} homeless.

(f) Fair housing, and the potential of unequal treatment of individuals based on race, ethnicity, age, disability, and family, must be given continuing attention.

(g) Housing costs consume a disproportionate share of income for many Rhode Islanders; housing affordability is a continuing problem, especially for first time home buyers and lower and moderate income renters; the high cost of housing adversely affects the expansion of Rhode Island's economy. Housing affordability and availability affect conditions of homelessness. The high cost of housing and the lack of affordable, decent housing for low income households is a source of hardship for very low income persons and families in Rhode Island.

(h) The Rhode Island Housing and Mortgage Finance Corporation, which has provided more than two decades of assistance in addressing issues of both the affordability of home ownership and rental housing and the preservation of the housing stock for low and moderate income persons, is faced with operating deficits in the year 2001 and must either increase revenues or reduce programs in order to remain viable.

(i) The federal government has been reducing its commitment to housing since 1981, and there is no indication that earlier levels of federal support for housing will be restored.

(j) Public housing authorities, which rely on federal support that is being reconsidered, have been and continue to be an important housing resource for low income families and the elderly.

(k) Rhode Island, unlike most other states, does not have an agency or department of state government with comprehensive responsibility for housing.

(l) It is necessary and desirable in order to protect that public health and to promote the public welfare, to establish a housing resources agency and a housing resources commission for the purposes of improving housing conditions, promoting housing affordability, engaging in community development activities, and assisting the urban, suburban, and rural communities of the state.

SECTION 122. Section 43-3-7.1 of the General Laws in Chapter 43-3 entitled "Construction and Effect of Statutes" is hereby amended to read as follows:

43-3-7.1. Use of appropriate disability language. -- Whenever the terms "the handicapped", "handicap person", or "handicapped person" are used in statutes, they shall be replaced with the words "persons with disabilities" or "person with a disability," inclusive, and whenever the term "handicap" is used in statutes, it shall be replaced with the word "disability" provided, however, this section shall not be applied retroactively but shall be applied prospectively only.

{ADD (b) Whenever an act, resolution, statute, regulation, guideline, directive or other document of a governmental entity refers to people with disabilities, terms that stigmatize such as "the handicapped" , "the disabled" , "the blind" , "the deaf" , "cerebral palsied" , "paralytic" , "epileptic" , "confined to a wheelchair" , "wheelchair bound" , "lunatic" , "idiot" , "defective" , "deformed" , "victim", "suffers from" , etc. shall not be used. Language that puts the "person first" , rather than the impairment or assistive device, such as "person with a disability", "child who has mental illness", "worker who is deaf ", "voter who uses a wheelchair " shall be used. ADD}

SECTION 123. Sections 44-3-15, 44-3-15.1, 44-3-15.2, 44-3-22, 44-3-28, 44-3-31 and 44-3-36 of the General Laws in Chapter 44-3 entitled "Property Subject to Taxation" are hereby amended to read as follows:

44-3-15. {DEL Totally disabled persons. -- DEL}{ADD Persons who are totally disabled. -- ADD}The city or town councils of the various cities and towns may provide by ordinance for the freezing of the rate and valuation of taxes on the real and personal property located therein of any head of a household who is one hundred percent (100%) disabled and unable to work as of the date of the disability; provided, however, that in the town of Hopkinton, the determination of disability must have been made by the social security administration or the veterans' administration, the applicant must meet income requirements established by ordinance which may be amended from time to time and may include the aggregate income of the applicant and all other persons residing with him or her and, upon attaining the age of sixty-five (65), the {ADD person who is ADD} totally disabled {DEL person DEL} shall no longer be entitled to this tax freeze; provided, however, that the freeze of rate and valuation on real property shall apply only to single family dwellings in which the {ADD person who is ADD} disabled {DEL person DEL} resides; and provided, further, that the exemption shall not be allowed unless the person entitled thereto shall have presented to the assessors, on or before the last day on which sworn statements may be filed with the assessors for the year for which the foregoing is claimed, due evidence that he or she is so entitled, which evidence shall stand so long as his or her legal residence remains unchanged. The foregoing shall be in addition to any other exemption provided by law.

44-3-15.1. {DEL Freezing of tax rates for totally disabled persons, Hopkinton. -- DEL}{ADD Freezing of tax rates for persons who are totally disabled, Hopkinton. -- ADD} (a) Notwithstanding the provisions of section 44-3-15, the town council of the town of Hopkinton may by ordinance provide for the freezing of the rate and valuation of taxes on the real and personal property located therein to any head of a household who is one hundred percent (100%) disabled and unable to work as of the date of the disability. The applicant must be determined by the social security administration or veterans' administration to be totally disabled, and the applicant must be under the age of sixty-five (65) years; and the applicant must meet income guidelines to be established and set forth within the ordinance, and which may be changed from time to time by amendment of the ordinance. The "income" guidelines may pertain to income of every nature and description, and may include the aggregate income of the applicant and all other persons residing with him or her; provided, however, that the freeze of rate and valuation on real property shall apply only to single family dwellings in which the {ADD person who is ADD} disabled {DEL person DEL} resides; and provided, further, that the exemption shall not be allowed unless the person entitled thereto shall have presented to the assessors, on or before the last day on which sworn statements may be filed with the assessors for the year for which the foregoing is claimed, due evidence that he or she is so entitled, which evidence must be resubmitted annually for each year during which the applicant desires the "freeze" to continue.

(b) Upon attaining the age of sixty-five (65) years, the {ADD person who is ADD} totally disabled person shall no longer be entitled to the tax freeze provided for herein. The foregoing shall be in addition to any other exemption provided by law, and provided further, that the real estate shall not be taken from the tax rolls and shall be subject to the bonded indebtedness of the city or town.

44-3-15.2. {DEL Totally disabled persons, Bristol. DEL} {ADD Persons who are totally disabled, Bristol. -- ADD} Notwithstanding the provisions of section 44-3-15, the town council of Bristol may by ordinance, exempt from taxation the real property in the town, owned and occupied by any resident who is one hundred percent (100%) disabled and unable to work as of the date of assessment. The applicant must be determined by the social security administration or veteran's administration to be totally disabled; the applicant must be under the age of sixty-five (65) years as of the date of assessment; and the applicant must have a gross household income of less than eighteen thousand dollars ($18,000) per year. The "income" guidelines shall pertain to income of every nature and description and shall be deemed to include the aggregate gross income of the applicant and all other persons, over the age of twenty-one (21) years, residing with him or her; provided, however, that the exemption shall apply only to single family dwellings in which the {ADD person who is ADD} disabled {DEL person DEL} resides; and provided, further that the exemption shall not be allowed unless the person entitled thereto shall have presented to the assessor, on or before the last day on which sworn statements may be filed with the assessor for the year for which the foregoing is claimed, due evidence that he or she is entitled, which evidence must be resubmitted annually for each year which the applicant desires the exemption to continue.

Upon attaining the age of sixty-five (65) years, the {ADD person who is ADD} totally disabled {DEL person DEL} shall no longer be entitled to the exemption provided for herein. The foregoing shall be in addition to any other exemption provided by law, excepting the veteran's one hundred percent (100%) disabled exemption provided for in section 44-3-4(c).

44-3-22. {DEL Real estate and excise tax exemption for disabled in Cranston. DEL} {ADD Real estate and excise tax exemption for persons who are disabled in Cranston. -- ADD} (a) (1) The city council of the city of Cranston is hereby authorized to provide, by ordinance, for an exemption not to exceed three thousand dollars ($3,000) on assessed value used in determining the excise tax for any person who meets the following two (2) requirements:

(i) Be determined by the social security administration to be totally disabled;

(ii) Does not own any real property.

(2) The exemption shall not be allowed unless the person entitled thereto shall have presented to the assessor on or before the last day on which sworn statements may be filed with the assessor for the last year for which the foregoing is claimed, due evidence that he or she is so entitled.

(3) Upon attaining the age of sixty-five (65) years, a {ADD person who is ADD} totally disabled {DEL person DEL} shall no longer be entitled to this exemption. Any person who transfers any personal property specifically for the purpose of qualifying for this exemption shall be denied the exemption.

(b) (1) The city council of the city of Cranston is hereby authorized to provide by ordinance for an exemption up to six thousand dollars ($6,000) on assessed value from local taxation on real residential property for any person who meets the following three (3) requirements:

(i) Head of household;

(ii) Be determined by the social security administration to be totally disabled; and

(iii) Is occupied as a domicile of the {ADD person who is ADD} disabled {DEL person DEL}.

(2) In no case shall real residential property be entitled to more than one six thousand dollar ($6,000) exemption even though occupied and designated as a domicile by more than one {ADD person who is ADD} disabled {DEL person DEL}.

(3) The total amount of tax exemption that one can receive from any source whatsoever under this subsection shall not exceed six thousand dollars ($6,000).

(4) The exemption shall not be allowed unless the person entitled thereto shall have presented to the assessors, on or before the last day on which sworn statements may be filed with the assessors for the year for which the foregoing is claimed, due evidence that he or she is so entitled.

(5) Upon attaining the age of 65 years, a {ADD person who is ADD} totally disabled person shall no longer be entitled to this exemption.

44-3-28. {DEL Paraplegic exemption -- North Providence. DEL} {ADD Exemption for people with paraplegia -- North Providence. -- ADD} The town council of the town of North Providence may, by ordinance, exempt from taxation the real property situated in the town, owned and occupied by any person {DEL who is a paraplegic DEL} {ADD with paraplegia ADD} through a disability which is not a military service connected disability and who by reason of the paraplegic disability requires "specially adopted housing" and which exemption shall not exceed fifteen thousand dollars ($15,000). For the purposes of this section, "specially adopted housing" shall be housing which is similar to that provided for in section 44-3-4 of this chapter.

44-3-31. Certain tax exemptions in city of Providence. -- (a) Notwithstanding any other provisions of general or special law to the contrary, the city council of the city of Providence is hereby authorized to fix, by ordinance or resolution the amount of the exemptions with respect to assessed value from local taxation on taxable property to the following persons as follows: veterans and the unmarried widow or widower of veterans as defined in section 44-3-4 at three thousand dollars ($3,000); for {ADD persons who are ADD} blind {DEL persons DEL} as defined in section 44-3-12 at eighteen thousand dollars ($18,000); for veterans or the unmarried widow or widower of veterans who are totally disabled as defined in section 44-3-4 at six thousand dollars ($6,000); for gold star parents as defined in section 44-3-5 at nine thousand dollars ($9,000); for persons who are one hundred percent (100%) disabled as determined pursuant to title II and title XVI of the Social Security Act, 42 U.S.C. section 401 et seq., and 42 U.S.C. section 1381 et seq., as amended, or who, by reason of their being one hundred percent (100%) disabled, are receiving disability payments from sources other than the social security administration (such as employees of the railroad, federal civil service, postal service, and the Providence police and fire departments) at nine thousand dollars ($9,000); for specially adapted housing for {DEL paraplegic DEL} veterans {ADD with paraplegia ADD} as defined in section 44-3-4 at thirty thousand dollars ($30,000); for any person sixty-five (65) years of age or over at ten thousand dollars ($10,000); for any person sixty-two (62) through sixty-four (64) years of age, who is receiving social security benefits, ten thousand dollars ($10,000); provided, however that any increase in exemption provided for hereinabove over the amount heretofore provided by general or special law shall apply only to real property.

(b) The city council of the city of Providence may subject the exemptions hereinbefore provided to such verifications with respect to qualification for exemptions as it deems necessary or desirable.

44-3-36. {DEL Real estate tax exemption for disabled in Portsmouth. DEL} {ADD Real estate tax exemption for persons who are disabled in Portsmouth. -- ADD} (a) The town council of the town of Portsmouth is hereby authorized to provide by ordinance for an exemption not to exceed five thousand dollars ($5,000) on assessed value from local taxation on real residential property owned by any person who meets the following four (4) requirements:

(1) Head of household:

(2) Be determined by the social security administration to be totally disabled:

(3) Has an annual gross income of less than fifteen thousand dollars ($15,000); and

(4) Occupies the property as the principal domicile of the {ADD person who is ADD} disabled {DEL person DEL}.

(b) In no case shall the real residential property be entitled to more than one (1) five thousand dollar ($5,000) exemption even though occupied and designated as a domicile by more than one {ADD person who is ADD} disabled {DEL person DEL}.

(c) Any person who is claiming an exemption under the ordinance pursuant to this section shall not be eligible for tax exemptions under any other acts or ordinances of the town of Portsmouth.

(d) The exemption shall not be allowed unless the person entitled thereto shall have presented to the assessors, on or before the last day on which sworn statements may be filed with the assessors for the year for which the foregoing is claimed, due evidence that he or she is so entitled.

SECTION 124. Section 44-5-38 of the General Laws in Chapter 44-5 entitled "Levy and Assessment of Local Taxes" is hereby amended to read as follows:

44-5-38. Rate of levy against tangible personal property consisting of manufacturing machinery and equipment acquired or used by a manufacturer. -- Tangible personal property consisting of manufacturing machinery and equipment acquired, owned, or used by a manufacturer shall be subject to taxation at a uniform rate of assessment not to exceed fifty percent (50%) of the full and fair cash value of the property. The levy and assessment of the tax upon the manufacturer's manufacturing machinery and equipment shall be subject to and limited to the following:

(1) (i) Assessment and levy on manufacturer's machinery and equipment.. - In assessing the valuation of the property and apportioning the levy of the tax on December 31, 1968, the assessors in the several cities and towns shall not exceed seventy-five percent (75%) of the total adjusted levy on the machinery, equipment, and inventories of all manufacturers of the city or town as established by the division of local and metropolitan government using the levy based on the assessment of the city or town as of December 31, 1966, provided that in apportioning the levy as above set forth, the assessor may add to the total adjusted levy, the increase in levy on manufacturer's machinery, equipment, and inventory occasioned by manufacturers found to be operating but not taxed in the city or town as of December 31, 1966, or who have located in the city or town since that date.

(ii) In apportioning the levy of the tax on manufacturers' machinery and equipment within a city or town for fiscal years ending after December 31, 1969, the assessors of any city or town shall apportion the levy of the tax in an amount not to exceed one hundred three and one-half percent (103 1/2%) of the total adjusted levy on manufacturer's machinery and equipment for the next prior fiscal year; provided that in apportioning the levy of the tax, as provided in this subdivision, the assessors of any city or town may add to the total adjusted levy for the next prior fiscal year, the increase in levy on manufacturer's machinery and equipment occasioned by manufacturers who have located or who have increased investment within the meaning of subdivision (3) in the city or town since the date of the next prior assessment.

(2) (i) Assessment and levy on individual manufacturers.. - In assessing the valuation of the property and apportioning the levy of the tax on December 31, 1968, the assessors of the several cities and towns shall not exceed seventy-three and one-half percent (73 1/2%) of the adjusted levy of the tax on the machinery, equipment, and inventory of any manufacturer of the city or town for the next prior year; provided, however, that if the application of the foregoing provision will result in the total tax levy thus obtained on manufacturers' machinery and equipment of a city or town for the year for which the date of assessment of valuations was December 31, 1968, as the assessment of valuations is established under the provisions of the first paragraph of this section, being less in amount than the amount of the total adjusted levy as computed in accordance with the seventy-five percent (75%) limitation prescribed under the provisions of subdivision (1)(i), the assessor of the city or town, for the purpose of bringing such total levy on the machinery and equipment to an amount not exceeding the amount of the total adjusted levy as computed by the seventy-five percent (75%) limitation, may apply the amount of the total adjusted tax levy, as was thus limited and computed under the provisions of subdivision (1)(i), to the total assessed valuation as of December 31, 1968, as the valuation is established under the provisions of the first paragraph of this section, on the machinery and equipment of all manufacturers of the city or town, and apply the resulting classified tax rate thereby obtained to the assessed valuations as of December 31, 1968, on the machinery and equipment of each manufacturer of the city or town.

(ii) In assessing the valuation of the property and apportioning the levy of the tax for fiscal years ending after December 31, 1969, the assessors of the several cities and towns shall not exceed one hundred five percent (105%) of the adjusted levy of the tax on the machinery and equipment of any manufacturer for the next prior fiscal year.

(3) As to the property constituting an increase in investment, the limitations fixed in subdivisions (1) and (2) shall not apply to that portion of the tax levy on a manufacturer derived from a substantial increase in investment in additional machinery and equipment or that portion of the tax levy applicable to the property not previously taxed in the city or town. For the purposes of this section, the term "substantial" means an investment in any one year equal to at least fifteen percent (15%) of the sum of net book value plus accumulated reserves for depreciation of other machinery and equipment of the manufacturer within the city or town.

(4) When a city or town has completed a revaluation of all ratable property by independent professional appraisers since December 31, 1966, the assessor of the city or town shall, in applying the foregoing limitations, employ the levy and assessment made for the fiscal year immediately following the completion of the revaluation in lieu of the base established as heretofore set forth by the division of local and metropolitan government; provided, that a base year later than a fiscal year commencing in 1969 shall not be employed.

(5) Nothing herein contained shall affect any agreement for the stabilization or exemption of local taxes entered into under the provisions of section 44-3-9, as amended; provided, however, that any agreement may be modified to take into account the effect of section 44-11-2, as amended, by the city or town council and the manufacturer without the necessity of meeting the criteria and complying with the procedures set forth in section 44-3-9, as amended; provided, further that upon the expiration of any existing agreement, the tax on the property consisting of manufacturers' machinery, equipment, and inventory formerly stabilized or exempted under the agreement shall be based upon a new assessment complying with all the terms of this section.

(6) Each city or town shall have the option of using its general property tax rate in computing its levy on machinery and equipment of manufacturers or any separate rate which it deems appropriate subject to the restrictions herein set forth.

(7) (i) In order to assess accurately the impact of the provisions of this section upon the several cities and towns and to provide necessary information for that purpose, each manufacturer subject to taxation in any city or town shall submit to the division of local and metropolitan government on or before October 1, 1966, a declaration report on the value of machinery and equipment for each city or town in which the manufacturer shall be located; the declaration reports shall be submitted on a form designed and furnished by the division and shall provide for inclusion of the net book value and the accumulated reserve for depreciation of machinery and equipment subject to local taxation, all as set forth in the manufacturers' most recent Rhode Island corporate tax return. The declaration report shall cover the most recent fiscal year of the taxpayer for which the due date for the filing of a corporate tax return with the tax administrator is prior to the date prescribed herein for the filing of the report; provided, however, that where a manufacturer files a corporate tax return with the tax administrator on or prior to the date of October 1 for the fiscal year, the manufacturer shall file the declaration report on or before October 1.

(ii) On or before October 1, 1968 and annually thereafter each manufacturer shall file, with the office of the assessor of the city or town in which the property is situated, a declaration report, as above set forth, on a form prescribed by the department of administration and furnished to the local assessors. All reports shall be treated confidentially by the assessor and employed by him or her for assessment purposes only. No declaration report shall be required to be filed during the year 1967.

(iii) Failure to submit a declaration report to either the department of administration or the tax assessor of any city or town as above required shall subject the manufacturer to a penalty not to exceed ten percent (10%) of the tax on machinery and equipment payable at the time when the taxes are due and payable as an addition to the tax due in the next succeeding year and the penalty shall be so identified and listed on the tax roll. Should a manufacturing establishment fail to submit a declaration report for a second successive year, it shall be subject to a penalty not to exceed twenty-five percent (25%) of its tax on machinery and equipment, payable as aforesaid; should a manufacturing establishment fail for a third successive year to file the declaration report it shall be subject to a penalty not to exceed fifty percent (50%) of the tax on its machinery and equipment, payable as aforesaid; for subsequent successive years, failure to file the declaration report shall subject the manufacturing establishment to a penalty not to exceed fifty percent (50%) of its tax on machinery and equipment, payable as aforesaid. As to any manufacturer failing to file a declaration report with the local assessor as herein required, the limitation of subdivision (2)(ii) shall not take effect until the assessment date next following the date upon which the manufacturer shall first file a report with the assessor. In lieu of the declaration report, any manufacturer subject to taxation for the first time in any city or town of this state shall submit such information as is necessary to establish its initial tax base and in subsequent years shall file the declaration report.

(8) In any case where the assessor of any city or town has reason to doubt the veracity of the contents of any declaration report so filed, the report may be submitted to the department of administration, which shall compare the information contained in the report with information on file with the division of taxation and advise the assessor as to the veracity of the report.

(9) A manufacturer who stores or otherwise keeps on hand raw materials, work in process, and his or her finished products in a storage place (as distinguished from finished products which he or she holds for retail sale in any retail establishment operated by him or her) in a city or town other than that in which his or her manufacturing plant is located shall file on or before March 15, 1969 and annually thereafter on or before each succeeding March 15 an inventory report on a form prescribed and furnished by the department of administration through the assessor, with the assessor of the city or town wherein such raw materials and finished products are so stored. The assessor of each city or town shall notify all manufacturers of the city or town of the requirement for filing the reports by publication in a newspaper of general circulation in the city or town during the month of January, 1969, and during the same month in each year thereafter. The report shall contain a true account of such raw materials, work in process, and finished products as were manufactured by him or her in this state as well as any other merchandise owned or possessed by him or her in the city or town on December 31 next preceding the date specified for the filing of the inventory report. The report must describe and specify the value of such raw materials, work in process, and finished products as were manufactured as aforesaid and also the value of all other merchandise stored in the city or town. Any manufacturer who fails or refuses to file any inventory report at the time and in the manner herein prescribed shall be deemed to have waived the tax exemption provided for on such raw materials, work in process, and finished products thus stored, whereupon, and notwithstanding the provisions of section 44-3-3(20), such property shall be subject to taxation like all other taxable property. The provisions of this subdivision shall not be construed to repeal section 44-5-15 or to limit the application of its provisions.

(10) A manufacturer who operates storage facilities for the storage of his raw materials, work in process, and finished products in a city or town other than that in which his or her manufacturing plant is located shall set forth in the declaration report, as and in the manner prescribed in subdivision (7) to be filed with the assessor of the city or town wherein the storage facilities are located, any machinery and equipment owned or possessed by him or her which is situated in or upon the storage facilities for use in the operation thereof, or held therein for use in the operation of the manufacturing plant.

(11) The restrictions contained in this chapter shall not apply to the portion of the tax, if any, assessed by the city or town for the purpose of paying the indebtedness of the city or town and the indebtedness of the state or any political subdivision thereof to the extent assessed upon or apportioned to the city or town, and the interest thereon; and for appropriation to any sinking fund of the city or town (which portion of the tax shall be paid in full).

(12) Any person who hires a person from public supported programs for {DEL the handicapped DEL} {ADD persons with disabilities ADD} and rehabilitated, shall receive a five hundred dollar ($500) credit per person hired, provided the number of such persons increases the number of full time employees by three percent (3%) of the total numbers of persons employed the previous year.

(13) For purposes of this subdivision, in determining the total amount of the tax levy on manufacturing machinery and equipment owned or used by a manufacturer on December 31, 1973, the assessors in the several cities and towns shall not exceed ninety percent (90%) of the levy on the class of property made as of December 31, 1972; thereafter annually commencing in 1974 on December 31, the assessors shall reduce the levy on the class of property whether or not acquired subsequent to December 31, 1972, except as herein provided, as follows: to eighty percent (80%) of the December 31, 1972 levy on December 31, 1974; to seventy percent (70%) of the December 31, 1972 levy on December 31, 1975; to sixty percent (60%) of the December 31, 1972 levy on December 31, 1976; to fifty percent (50%) of the December 31, 1972 levy on December 31, 1977; to forty percent (40%) of the December 31, 1972 levy on December 31, 1978; to thirty percent (30%) of the December 31, 1972 levy on December 31, 1979; to twenty percent (20%) of the December 31, 1972 levy on December 31, 1980; to ten percent (10%) of the December 31, 1972 levy on December 31, 1981 and to continue at ten percent (10%) of the December 31, 1972 levy on December 31, 1982; and to five percent (5%) of the December 31, 1972 levy on December 31, 1983; and thereafter the property shall be exempt from taxation.

SECTION 125. Section 44-34-13 of the General Laws in Chapter 44-34 entitled "Excise on Motor Vehicles and Trailers [Repealed effective July 1, 2005.]" is hereby amended to read as follows:

44-34-13. {DEL Tax exemption on vehicles adapted for the disabled. [Repealed effective July 1, 2005. DEL} {ADD ] Tax exemption on vehicles adapted for persons who are disabled. [Repealed effective July 1, 2005.] -- ADD} The city or town councils of the various cities and towns may, by ordinance, exempt from taxation up to fifty percent (50%) of the value of any motor vehicle that is necessary to transport a family member with a disability or where the vehicle has been specially adapted to meet the specific needs of the person with a disability. This exemption shall apply to not more than one motor vehicle owned and registered for personal, noncommercial use. After the assessors have allowed an exemption under this section, no further evidence of the existence of the facts required by this section shall be required in any subsequent year in the city or town in which the exemption has been so allowed. For the purpose of this subsection the term "special adaptations" shall include, but not be limited to: wheelchair lifts; wheelchair carriers; wheelchair ramps; wheelchair securements; hand controls; steering devices; extensions, relocations, and crossovers of operator controls; power assisted controls; raised tops or dropped floors; raised entry doors; or alternative signaling devices to auditory signals. For the purpose of this subsection "specially adapted motor vehicle" shall mean a motor vehicle with special adaptations provided the cost of the special adaptations meets or exceeds seven percent (7%) of the value of the motor vehicle.

SECTION 126. Section 44-50-3 of the General Laws in Chapter 44-50 entitled "Health Care Provider Assessment Act" is hereby amended to read as follows:

44-50-3. {DEL Imposition of assessment -- Residential facilities for the mentally retarded DEL} {ADD . Imposition of assessment -- Residential facilities for people who are mentally retarded. -- ADD} (a) For purposes of this section, a "residential facility" means a person or governmental unit duly licensed in accordance with chapter 24 of title 40.1 to establish, maintain, and operate a residential facility for {DEL the DEL} {ADD people who are ADD} mentally retarded.

(b) An assessment is hereby imposed upon the gross patient revenue received by every residential facility during the period beginning January 1, 1991 and ending December 31, 1991 at a rate of twenty-five percent (25%). Every residential facility shall pay the assessment for the period ending December 31, 1991 on or before April 30, 1992.

(c) An assessment is hereby imposed upon the gross patient revenue received by every residential facility in each month beginning January 1, 1992 at a rate of twenty-five percent (25%). Every provider shall pay the monthly assessment no later than the twenty-fifth (25th) day of each month following the month of receipt of gross patient revenue; provided, however, that with respect to the assessments for the months of January, February and March, 1992 the provider shall pay the assessments due for such months on or before April 30, 1992. Notwithstanding any other provisions of this chapter, no penalty or interest shall be imposed for failure to make timely payments of the assessments due for the months of January, February and March, 1992 provided payment for said months are made within thirty (30) days notice from the administrator.

(d) A one hundred percent (100%) surcharge is hereby imposed on the amount of the assessment provided for in subsection (c) of this section above, to the extent that such assessment relates to the receipts of gross patient revenues received during the twelve (12) month period beginning January 1, 1992 and ending December 31, 1992. Every provider shall, on or before the twenty-fifth (25th) day of February 1993, file a return for that twelve (12) month period on a return provided by the tax administrator and together with such return shall pay such one hundred percent (100%) surcharge to the administrator.

(e) (1) The tax administrator is directed to insure that the assessment rate set forth in subsection (c) does not exceed the maximum rate of assessment that the laws of the United States and/or any rules, regulations, or standards issued thereunder, relating to health care provider assessments will allow without reduction in federal financial participation. In order to make that determination, the tax administrator shall apply the appropriate federal law and/or any rules, regulations, or standards relating to health care provider assessments.

(2) If, after applying the applicable federal law and/or rules, regulations, or standards, the tax administrator determines that the assessment rate set forth in subsection (c) exceeds the maximum rate of assessment that the federal law will allow without reduction in federal financial participation, then the tax administrator is hereby directed to lower the assessment rate to a rate which is equal to the maximum rate which such federal law will allow without reduction in federal participation. The authority of the tax administrator to lower the assessment rate set forth in subsection (c) shall be limited solely to a determination that the assessment rate in subsection (c) exceeds that which is allowed without reduction in federal financial participation, under the laws of the United States and/or any rules, regulations, or standards issued thereunder, relating to health care provider assessments.

(3) In order that the tax administrator may properly carry out the duties under this subsection, the director of the department of human services is directed to keep the tax administrator informed of any changes in federal law and/or any rules, regulations, or standards issued thereunder that affect rates under health care provider assessments.

SECTION 127. Section 44-54-1 of the General Laws in Chapter 44-54 entitled "Disabled Access Credit For Small Businesses" is hereby amended to read as follows:

44-54-1. Tax credit. -- (a) A small business taxpayer that pays for or incurs expenses to provide access to persons with disabilities shall be allowed a credit, to be computed against the tax imposed by chapters 11 and 13 of this title. The expenses must be paid or incurred to enable the small business to comply with federal or state laws protecting the rights of persons with disabilities. The credit is equal to ten percent (10%) of the total amount expended in the state of Rhode Island during the taxable year but in no event shall exceed the sum of one thousand dollars ($1,000) for:

(1) Removing architectural, communication, physical, or transportation barriers;

(2) Providing qualified interpreters or other effective methods of delivering aurally delivered materials to persons with hearing impairments;

(3) Providing readers, tapes or other effective means of making visually delivered materials available to persons with visual impairments;

(4) Providing job coaches or other effective methods of supporting workers with severe impairments in competitive employment;

(5) Providing specialized transportation services to employees or customers with mobility impairments;

(6) Buying or modifying equipment for persons with disabilities; and

(7) Providing similar services, modifications, material or equipment for persons with disabilities;

(b) As used in this chapter, the following words shall have the following meanings:

(1) "Small business" is one that for the preceding year had thirty (30) or fewer full-time employees, or had one million dollars ($1,000,000) or less in gross receipts.

(2) "Full-time employee" is one employed at least thirty (30) hours a week for twenty (20) or more calendar weeks in the proceeding year.

(3) "Federal or state laws protecting the rights of persons with disabilities" include but is not limited to the: Americans with Disabilities Act of 1990 as amended [42 USC 12101 et. seq.]; Title V of the Rehabilitation Act of 1973 as amended [29 USC 794]; Declaration of Certain Constitutional Rights and Principles -- Discrimination [RI Constitution Article 1 Section 2]; Civil Rights of People with Disabilities [chapter 87 of title 42]; Open Meeting Handicapped Accessibility {ADD for persons with disabilities ADD} [section 42-46-13]; Access for {DEL Physically Handicapped DEL} {ADD persons with disabilities ADD} [section 37-8-15]; and AIDS Discrimination Prohibited [section 23-6-22].

(4) "Amount expended" means the actual sum of money spent.

SECTION 128. Sections 45-24-30, 45-24-31, 45-24-33 and 45-24-37 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as follows:

45-24-30. General purposes of zoning ordinances. -- Zoning regulations shall be developed and maintained in accordance with a comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2 of this title and shall be designed to address the following purposes. The general assembly recognizes these purposes, each with equal priority and numbered for reference purposes only.

(1) Promoting the public health, safety, and general welfare.

(2) Providing for a range of uses and intensities of use appropriate to the character of the city or town and reflecting current and expected future needs.

(3) Providing for orderly growth and development which recognizes:

(a) The goals and patterns of land use contained in the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title;

(b) The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;

(c) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;

(d) The values of unique or valuable natural resources and features;

(e) The availability and capacity of existing and planned public and/or private services and facilities;

(f) The need to shape and balance urban and rural development; and

(g) The use of innovative development regulations and techniques.

(4) Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.

(5) Providing for the protection of the natural, historic, cultural, and scenic character of the city or town or areas therein.

(6) Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space.

(7) Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.

(8) Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing.

(9) Providing opportunities for the establishment of low and moderate income housing.

(10) Promoting safety from fire, flood, and other natural or man-made disasters.

(11) Promoting a high level of quality in design in the development of private and public facilities.

(12) Promoting implementation of the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title.

(13) Providing for coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality.

(14) Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.

(15) Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special-use permits, and, where adopted, procedures for modifications.

(16) Providing opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act [chapter 37 of title 34], the United States Fair Housing Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of {DEL Individuals with Handicaps DEL} {ADD persons with disabilities ADD} Act [chapter 87 of title 42], and the Americans with Disabilities Act of 1990 (ADA) [42 U.S.C. section 12101 et seq.]

45-24-31. Definitions. -- Where words or terms used in this chapter are defined in section 45-22.2-4, they shall have the meanings stated therein. In addition, the following words shall have the following meanings. Additional words and phrases may be used in developing local ordinances under this chapter; however, the words and phrases herein defined shall be controlling in all local ordinances created hereunder.

(1) Abutter.. - One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

(2) Accessory Family Dwelling Unit.. - An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress.

(3) Accessory Use.. - A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use may be restricted to the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related.

(4) Aggrieved Party.. - An aggrieved party, for purposes of this chapter, shall be:

(a) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance of a city or town; or

(b) Anyone requiring notice pursuant to this chapter.

(5) Agricultural Land.. - "Agricultural land", as defined in section 45-22.2-4.

(6) Airport Hazard Area.. - "Airport hazard area", as defined in section 1-3-2.

(7) Applicant.. - An owner or authorized agent of the owner submitting an application or appealing an action of any official, board, or agency.

(8) Application.. - The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.

(9) Buffer.. - Land which is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

(10) Building.. - Any structure used or intended for supporting or sheltering any use or occupancy.

(11) Building Envelope.. - The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk; by other regulations; and/or by any combination thereof.

(12) Building Height.. - The vertical distance from grade, as determined by the municipality, to the top of the highest point of the roof or structure. The distance may exclude spires, chimneys, flag poles, and the like.

(13) Cluster.. - A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in the ordinance and may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development.

(14) Common Ownership.. - Either:

(1) Ownership by one or more individuals or entities in any form of ownership of two (2) or more contiguous lots; or

(2) Ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques.

(15) Community Residence.. - A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited, to the following:

(a) Whenever six (6) or fewer {DEL retarded DEL} children or adults {ADD with retardation ADD} reside in any type of residence in the community, as licensed by the state pursuant to chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community residences;

(b) A group home providing care or supervision, or both, to not more than eight (8) {DEL mentally disabled or mentally handicapped or physically handicapped DEL} persons {ADD with disabilities ADD}, and licensed by the state pursuant to chapter 24 of title 40.1;

(c) A residence for children providing care or supervision, or both, to not more than eight (8) children including those of the care giver and licensed by the state pursuant to chapter 72.1 of title 42;

(d) A community transitional residence providing care or assistance, or both, to no more than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor more than two (2) years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

(16) Comprehensive Plan.. - The comprehensive plan adopted and approved pursuant to chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in compliance.

(17) Day Care -- Day Care Center.. - Any other day care center which is not a family day care home.

(18) Day Care -- Family Day Care Home.. - Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less individuals who are not relatives of the care giver, but may not contain more than a total of eight (8) individuals receiving day care.

(19) Density, Residential.. - The number of dwelling units per unit of land.

(20) Development.. - The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; or any change in use, or alteration or extension of the use, of land.

(21) Development Plan Review.. - The process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of the ordinance.

(22) District.. - See "zoning use district".

(23) Drainage System.. - A system for the removal of water from land by drains, grading, or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and groundwaters, and the prevention and/or alleviation of flooding.

(24) Dwelling Unit.. - A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

(25) Extractive Industry.. - The extraction of minerals, including: solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

(26) Family.. - A person or persons related by blood, marriage, or other legal means. See also "Household".

(27) Floating Zone.. - An unmapped zoning district adopted within the ordinance which is established on the zoning map only when an application for development, meeting the zone requirements, is approved.

(28) Floodplains, or Flood Hazard Area.. - As defined in section 45-22.2-4.

(29) Groundwater.. - "Groundwater" and associated terms, as defined in section 46-13.1-3.

(30) Halfway Houses.. - A residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

(31) Hardship.. - See section 45-24-41.

(32) Historic District, or Historic Site.. - As defined in section 45-22.2-4.

(33) Home Occupation.. - Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

(34) Household.. - One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

(a) A family, which may also include servants and employees living with the family; or

(b) A person or group of unrelated persons living together. The maximum number may be set by local ordinance, but this maximum shall not be less than three (3).

(35) Incentive Zoning.. - The process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.

(36) Infrastructure.. - Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

(37) Land Development Project.. - A project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance.

(38) Lot.. - Either:

(1) The basic development unit for determination of lot area, depth, and other dimensional regulations; or

(2) A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

(39) Lot Area.. - The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

(40) Lot Building Coverage.. - That portion of the lot that is or may be covered by buildings and accessory buildings.

(41) Lot Depth.. - The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

(42) Lot Frontage.. - That portion of a lot abutting a street. A zoning ordinance shall specify how noncontiguous frontage will be considered with regard to minimum frontage requirements.

(43) Lot Line.. - A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

(a) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall specify the method to be used to determine the front lot line on lots fronting on more than one street, for example, corner and through lots;

(b) Rear: the lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and

(c) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may be a street lot line, depending on requirements of the local zoning ordinance.

(44) Lot, Through.. - A lot which fronts upon two (2) parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

(45) Lot Width.. - The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.

(46) Mere Inconvenience.. - See section 45-24-41.

(47) Mixed Use.. - A mixture of land uses within a single development, building, or tract.

(48) Modification.. - Permission granted and administered by the zoning enforcement officer of the city or town, and pursuant to the provisions of this chapter contained herein to grant a dimensional variance other than lot area requirements from the zoning ordinance to a limited degree as determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of the applicable dimensional requirements.

(49) Nonconformance.. - A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with the provisions of that ordinance or amendment. Nonconformance shall be of only two (2) types:

(a) Nonconforming by use: a lawfully established use of land, building, or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconformity by use; or

(b) Nonconforming by dimension: a building, structure, or parcel of land not in compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations include all regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

(50) Overlay District.. - A district established in a zoning ordinance that is superimposed on one or more districts or parts of districts and that imposes specified requirements in addition to, but not less, than those otherwise applicable for the underlying zone.

(51) Performance Standards.. - A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

(52) Permitted Use.. - A use by right which is specifically authorized in a particular zoning district.

(53) Planned Development.. - A "land development project", as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

(54) Preapplication Conference.. - A review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.

(55) Setback Line or Lines.. - A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

(56) Site Plan.. - The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

(57) Special Use.. - A regulated use which is permitted pursuant to the special-use permit issued by the authorized governmental entity, pursuant to section 45-24-42. Formerly referred to as a special exception.

(58) Structure.. - A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below, the surface of land or water.

(59) Substandard Lot of Record.. - Any lot lawfully existing at the time of adoption or amendment of a zoning ordinance and not in conformance with the dimensional and/or area provisions of that ordinance.

(60) Use.. - The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

(61) Variance.. - Permission to depart from the literal requirements of a zoning ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by a zoning ordinance. There shall be only two (2) categories of variance, a use variance or a dimensional variance.

(a) Use Variance.. - Permission to depart from the use requirements of a zoning ordinance where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the zoning ordinance.

(b) Dimensional Variance.. - Permission to depart from the dimensional requirements of a zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

(62) Waters.. - As defined in section 46-12-1(v).

(63) Wetland, Coastal.. - As defined in section 2-1-14.

(64) Wetland, Freshwater.. - As defined in section 2-1-20.

(65) Zoning Certificate.. - A document signed by the zoning enforcement officer, as required in the zoning ordinance, which acknowledges that a use, structure, building, or lot either complies with or is legally nonconforming to the provisions of the municipal zoning ordinance or is an authorized variance or modification therefrom.

(66) Zoning Map.. - The map or maps which are a part of the zoning ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the city or town.

(67) Zoning Ordinance.. - An ordinance enacted by the legislative body of the city or town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or town's legislative or home rule charter, if any, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the city or town as defined in chapter 22.2 of this title, which includes a zoning map, and which complies with the provisions of this chapter.

(68) Zoning Use Districts.. - The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space, and residential. Each district may include sub-districts. Districts may be combined.

45-24-33. Standard provisions. -- (A) A zoning ordinance shall address each of the purposes stated in section 45-24-30 and shall address the following general provisions which are numbered for reference purposes only:

(1) Permitting, prohibiting, limiting, and restricting the development of land and structures in zoning districts, and regulating those land and structures according to their type, and the nature and extent of their use;

(2) Regulating the nature and the extent of the use of land for residential, commercial, industrial, institutional, recreational, agricultural, open space, or other use or combination of uses, as the need for land for those purposes is determined by the city or town's comprehensive plan;

(3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and other development by performance standards, or other requirements, related to air and water and groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or the availability and capacity of existing and planned public or private services;

(4) Regulating within each district and designating requirements for:

(a) The height, number of stories, and size of buildings;

(b) The dimensions, size, lot coverage, floor area ratios, and layout of lots or development areas;

(c) The density and intensity of use;

(d) Access to air and light, views, and solar access;

(e) Open space, yards, courts, and buffers;

(f) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other circulator systems;

(g) Landscaping, fencing, and lighting;

(h) Appropriate drainage requirements and methods to manage stormwater runoff;

(i) Public access to waterbodies, rivers, and streams; and

(j) Other requirements in connection with any use of land or structure;

(5) Permitting, prohibiting, limiting, and restricting development in flood plains or flood hazard areas and designated significant natural areas;

(6) Promoting the conservation of energy and promoting energy-efficient patterns of development;

(7) Providing for the protection of existing and planned public drinking water supplies, their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and watershed;

(8) Providing for adequate, safe, and efficient transportation systems; and avoiding congestion by relating types and levels of development to the capacity of the circulation system, and maintaining a safe level of service of the system;

(9) Providing for the preservation and enhancement of the recreational resources of the city or town;

(10) Promoting an economic climate which increases quality job opportunities and the overall economic well-being of the city or town and the state;

(11) Providing for pedestrian access to and between public and private facilities, including but not limited to schools, employment centers, shopping areas, recreation areas, and residences;

(12) Providing standards for and requiring the provision of adequate and properly designed physical improvements, including plantings, and the proper maintenance of property;

(13) Permitting, prohibiting, limiting, and restricting land use in areas where such development is deemed to create a hazard to the public health or safety;

(14) Permitting, prohibiting, limiting, and restricting extractive industries and earth removal and requiring restoration of land after such activities;

(15) Regulating sanitary landfill, except as otherwise provided by state statute;

(16) Permitting, prohibiting, limiting, and restricting signs and billboards, and other outdoor advertising devices;

(17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and enforcement of airport hazard area zoning regulations under the provisions established in that chapter;

(18) Designating areas of historic, cultural, and/or archaeological value and regulating development in those areas under the provisions of chapter 24.1 of this title;

(19) Providing standards and requirements for the regulation, review, and approval of any proposed development in connection with those uses of land, buildings, or structures specifically designated as subject to development plan review in a zoning ordinance;

(20) Designating special protection areas for water supply and limiting or prohibiting development in these areas, except as otherwise provided by state statute;

(21) Specifying requirements for safe road access to developments from existing streets, including limiting the number, design, and location of curb cuts, and provisions for internal circulation systems for new developments, and provisions for pedestrian and bicycle ways; and

(22) Reducing unnecessary delay in approving or disapproving development applications, through provisions for preapplication conferences and other means.

(23) Providing for the application of the Rhode Island Fair Housing Practices Act [chapter 37 of title 34], the United States Fair Housing Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of {DEL Individuals with Handicaps DEL} {ADD people with disabilities ADD} Act [chapter 37 of title 42], and the Americans with Disabilities Act of 1990 (ADA) [42 U.S.C. section 12101 et seq.].

(B) A zoning ordinance may include special provisions for any or all of the following:

(1) Authorizing development incentives, known as incentive zoning, for purposes of providing increases in the permitted use or dimension as a condition for, but not limited to:

(a) Increased open space;

(b) Increased housing choices;

(c) Traffic and pedestrian improvements;

(d) Public and/or private facilities; and/or

(e) Other amenities as desired by the city or town and consistent with its comprehensive plan. Such provisions in the ordinance shall include maximum allowable densities of population and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. Conditions may be made for donation in lieu of direct provisions for improvements or amenities;

(2) Establishing a system for transfer of development rights within or between zoning districts designated in the zoning ordinance; and

(3) Regulating the development adjacent to designated scenic highways, scenic waterways, major thoroughfares, public greenspaces, or other areas of special public investment or valuable natural resources.

45-24-37. General provisions -- Permitted uses. -- (1) The zoning ordinance shall provide a listing of all land uses and/or performance standards for uses which shall be permitted within the zoning use districts of the municipality.

(2) Notwithstanding any other provision of this chapter, the following uses shall be permitted uses within all residential zoning use districts of a municipality and all industrial and commercial zoning use districts except where residential use is prohibited for public health or safety reasons:

(a) Households;

(b) Community residences;

(c) Family day care homes.

(3) Any time a building or other structure used for residential purposes, or a portion of a building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire or flood, the owner of said property shall be allowed to park, temporarily, mobile and manufactured home or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated agent thereof, shall only be allowed to cause said mobile and manufactured home or homes to remain temporarily upon the land by making timely application to the local building official for the purposes of obtaining the necessary permits to repair or rebuild the structure.

(4) Notwithstanding any other provision of this chapter, appropriate {DEL handicap DEL} access {ADD for people with disabilities ADD} to residential structures shall be allowed as a reasonable accommodation for any person(s) residing, or intending to reside, in the residential structure.

SECTION 129. Section 45-33.2-4 of the General Laws in Chapter 45-33.2 entitled "Tax Increment Financing" is hereby amended to read as follows:

45-33.2-4. Adoption of project plan. -- The legislative body of any city or town may adopt a project plan if a finding is made to the effect that:

(a) With respect to any portion of the project (1) providing municipal or other public facilities or land therefor, under (i) or (ii) of the definition of "project" under section 45-33.2-3(2) above or (2) constituting a project under section 45-33.2-3(2) above, that the facilities, programs and other assistance are needed and that the financing of that portion of the project in accordance with the plan is in the public interest; or

(b) With respect to any portion of the project providing land for housing for persons or families of low income, that there is not within the city or town an adequate supply of low rent housing for persons or families of low income generally, or for veterans, or for {ADD persons who are ADD} elderly or {DEL handicapped persons DEL} {ADD disabled ADD}, as the case may be, available for rents they can afford to pay, that the rents which those persons or families can afford to pay would not warrant private enterprise in providing housing for them, and that the financing of that portion of the project in accordance with the plan is in the public interest; or

(c) With respect to any portion of the project providing financing under section 45-33.2-5(m), but only to the extent not described in subsection (a) above, that unemployment or the threat thereof exists in the city or town or that security against future unemployment is required, that the project is needed, that it will provide employment or security against loss of employment, having a reasonable relationship to the probable cost of acquiring, establishing, improving, or rehabilitating the facilities in which the employment is to be provided or maintained, and that the financing of that portion of the project in accordance with the plan is in the public interest; or

(d) With respect to any portion of the project providing land for industrial or commercial development or revitalization, but only to the extent not described in subsection (a) above,

(i) That the requirements of subdivision (c) of this section are satisfied, or

(ii) That the requirements of subdivision (e) of this section are satisfied; or

(e) With respect to any other portion of the project

(i) That it is located in a "blighted and substandard area" as that term is defined in section 45-31-8(3), or that the project is needed to arrest blight or decay in the city or town and to prevent the area from becoming a blighted and substandard area,

(ii) That the project area would not by private enterprise alone, and without either governmental subsidy or the exercise of governmental powers, be developed or revitalized in a manner so as to prevent, arrest, or alleviate the spread of blight or decay,

(iii) That the plan will afford maximum opportunity to privately financed development or revitalization consistent with the sound needs of the city or town as a whole, and

(iv) That the financing of that portion of the project in accordance with the plan is in the public interest.

No project shall be undertaken pursuant to this chapter until a project plan has been adopted as provided in this section.

A city or town may amend a project plan by submitting the full project plan, as so amended, to its legislative body, which must then make a finding with respect to such amended project plan which is identical to the required finding for the original adoption of such project plan; provided, however, that no such amendment shall be violative of or inconsistent with any prior security arrangement entered into pursuant to the original project plan.

SECTION 130. This act would take effect upon passage.