H7390

	2008 -- H 7390
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	LC01320
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	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2008

	____________


	A N A C T
	MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR FISCAL YEAR
	ENDING JUNE 30, 2009


	Introduced By: Representatives Watson, Gorham, Story, Ehrhardt, and Mumford

	Date Introduced: February 06, 2008

	Referred To: House Finance




	It is enacted by the General Assembly as follows:

1-1	ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2009
1-2	ARTICLE 2 RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM
1-3	TAXES
1-4	ARTICLE 3 RELATING TO BOND PREMIUMS
1-5	ARTICLE 4 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION
1-6	ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM
1-7	ARTICLE 6 RELATING TO SECRETARY OF STATE LEGISLATIVE MANUAL
1-8	ARTICLE 7 RELATING TO PERMITS FOR SALE OF BOTTLED WATER
1-9	ARTICLE 8 RELATING TO TRANSPORTATION OF STUDENTS
1-10	ARTICLE 9 RELATING TO EDUCATION AID
1-11	ARTICLE 10 RELATING TO SUBSTANCE ABUSE PREVENTION ACT
1-12	ARTICLE 11 RELATING TO HEALTH PROFESSIONS - LICENSED CHEMICAL
1-13	DEPENDENCY PROFESSIONALS
1-14	ARTICLE 12 RELATING TO TREATMENT ALTERNATIVES TO STREET CRIME
1-15	PROGRAM
1-16	ARTICLE 13 RELATING TO MUNICIPAL INCENTIVE PAY PROGRAMS
1-17	ARTICLE 14 RELATING TO MUNICIPAL FINANCES
1-18	ARTICLE 15 RELATING TO STATE AID
2-1	ARTICLE 16 RELATING TO TEMPORARY ASSISTANCE PROGRAMS FOR NEEDY
2-2	FAMILIES
2-3	ARTICLE 17 RELATING TO RHODE ISLAND MEDICAID REFORM ACT
2-4	ARTICLE 18 RELATING TO HUMAN SERVICES – HOSPITAL RATE PAYMENT
2-5	ARTICLE 19 RELATING TO HOSPITAL UNCOMPENSATED CARE
2-6	ARTICLE 20 RELATING TO HUMAN SERVICES - CHILDREN’S HEALTH ACCOUNT
2-7	ARTICLE 21 RELATING TO GENERAL PUBLIC ASSISTANCE - HARDSHIP
2-8	ARTICLE 22 RELATING TO STATE POLICE RETIREMENT PROVISIONS
2-9	ARTICLE 23 RELATING TO RHODE ISLAND TELECOMMUNICATIONS
2-10	EDUCATION ACCESS FUND
2-11	ARTICLE 24 RELATING TO DCYF RESIDENTIAL PLACEMENTS
2-12	ARTICLE 25 RELATING TO DELINQUENT AND DEPENDENT CHILDREN
2-13	ARTICLE 26 RELATING TO SUPPLEMENTAL SECURITY INCOME
2-14	ARTICLE 27 RELATING TO CHILD CARE – STATE SUBSIDIES
2-15	ARTICLE 28 RELATING TO CHILD CARE SERVICES
2-16	ARTICLE 29 RELATING TO PUBLIC UTILITIES COMMISSION
2-17	ARTICLE 30 RELATING TO MUNICIPAL ELECTIONS
2-18	ARTICLE 31 RELATING TO LICENSING OF HOSPITAL FACILITIES
2-19	ARTICLE 32 RELATING TO PROPRIETARY SCHOOLS
2-20	ARTICLE 33 RELATING TO BUSINESS REGULATION
2-21	ARTICLE 34 RELATING TO CHILDHOOD IMMUNIZATION AND KIDSNET
2-22	ARTICLE 35 RELATING TO RETIREMENT OF JUSTICES AND JUDGES
2-23	ARTICLE 36 RELATING TO COLLECTIVE BARGAINING FISCAL IMPACT
2-24	STATEMENTS
2-25	ARTICLE 37 RELATING TO CRIME VICTIMS’ COMPENSATION FUND
2-26	ARTICLE 38 RELATING TO MUNICIPAL TIPPING FEES
2-27	ARTICLE 39 RELATING TO NEWBORN SCREENING PROGRAM
2-28	ARTICLE 40 RELATING TO NURSING FACILITIES COST OF LIVING ADJUSTMENT
2-29	ARTICLE 41 RELATING TO HEALTH REGULATORY PROGRAMS
2-30	ARTICLE 42 RELATING TO ELDERLY AFFAIRS PROGRAMS
2-31	ARTICLE 43 RELATING TO DEPARTMENT OF ELDERLY AFFAIRS AND ADVOCACY
2-32	ARTICLE 44 RELATING TO DEPARTMENT OF PUBLIC SAFETY
2-33	ARTICLE 45 RELATING TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
2-34	ARTICLE 46 RELATING TO EFFECTIVE DATE
3-1	ARTICLE 1
3-2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2009
3-3	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
3-4	in this act, the following general revenue amounts are hereby appropriated out of any money in
3-5	the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
3-6	2009. The amounts identified for federal funds and restricted receipts shall be made available
3-7	pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For
3-8	the purposes and functions hereinafter mentioned, the state controller is hereby authorized and
3-9	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
3-10	portions thereof as may be required from time to time upon receipt by him or her of properly
3-11	authenticated vouchers.
3-12	Administration
3-13	Central Management
3-14	General Revenue Total 1,664,118
3-15	Federal Funds Total 191,205
3-16	Total - Central Management 1,855,323
3-17	Legal Services
3-18	General Revenue Total 2,578,329
3-19	Other Funds
3-20	Legal Support/DOT 249,305
3-21	Other Funds Total 249,305
3-22	Total – Legal Services 2,827,634
3-23	Accounts and Control
3-24	General Revenue Total 3,886,437
3-25	Total - Accounts and Control 3,886,437
3-26	Budgeting
3-27	General Revenue Total 2,126,819
3-28	Total - Budgeting 2,126,819
3-29	Purchasing
3-30	General Revenue Total 2,280,079
3-31	Total - Purchasing 2,280,079
3-32	Auditing
3-33	General Revenue Total 1,848,952
3-34	Total - Auditing 1,848,952
4-1	Human Resources
4-2	General Revenue Total 10,178,561
4-3	Federal Funds Total 1,871,902
4-4	Restricted Receipts Total 320,923
4-5	Other Funds Total 550,917
4-6	Total - Human Resources 12,922,303
4-7	Personnel Appeal Board
4-8	General Revenue Total 111,226
4-9	Total - Personnel Appeal Board 111,226
4-10	Facilities Management
4-11	General Revenue Total 39,299,779
4-12	Federal Funds Total 8,242,199
4-13	Restricted Receipts Total 1,144,994
4-14	Other Funds Total 615,715
4-15	Total – Facilities Management 49,302,687
4-16	Capital Projects and Property Management
4-17	General Revenue Total 3,887,058
4-18	Total – Capital Projects and Property Management 3,887,058
4-19	Information Technology
4-20	General Revenue Total 20,195,145
4-21	Federal Funds Total 6,667,124
4-22	Restricted Receipts Total 2,060,780
4-23	Other Funds Total 2,408,197
4-24	Total – Information Technology 31,331,246
4-25	Library and Information Services
4-26	General Revenue Total 927,319
4-27	Federal Funds Total 1,079,587
4-28	Restricted Receipts Total 5,000
4-29	Total – Library and Information Services 2,011,906
4-30	Planning
4-31	General Revenue Total 3,731,488
4-32	Federal Funds total 12,343,976
4-33	Other Funds
4-34	Federal Highway - PL Systems Planning 1,634,147
5-1	Air Quality Modeling 20,800
5-2	Other Funds Total 1,654,947
5-3	Total - Planning 17,730,411
5-4	General
5-5	General Revenues
5-6	Contingency Fund 1,000,000
5-7	Economic Development Corporation 6,963,807
5-8	EDC-RI Airport Corporation Impact Aid 1,000,754
5-9	EDC EPScore (Research Alliance) 1,500,000
5-10	Miscellaneous Grants 400,456
5-11	Slater Centers of Excellence 3,000,000
5-12	Torts – Court 400,000
5-13	Convention Center 4,100,000
5-14	State Employees/Teachers Retiree Health Subsidy 479,502
5-15	Motor Vehicle Excise Tax Payment 139,586,645
5-16	Property Valuation 1,272,000
5-17	General Revenue Sharing Program 55,015,865
5-18	Payment in Lieu of Tax Exempt Properties 27,766,967
5-19	Distressed Communities Relief Program 10,384,458
5-20	Resource Sharing and State Library Aid 8,773,398
5-21	Library Construction Aid 2,765,729
5-22	General Revenue Total 264,409,581
5-23	Restricted Receipts Total 1,378,997
5-24	Other Funds
5-25	RICAP - Statehouse Renovations 2,000,000
5-26	RICAP - Lead Mitigation Group Homes 300,000
5-27	RICAP - Cranston Street Armory 1,300,000
5-28	RICAP - Cannon Building 515,000
5-29	RICAP - Pastore Center Rehab. DOA 1,000,000
5-30	RICAP - Zambarano Building Rehabilitation 600,000
5-31	RICAP - Pastore Center Master Plan 350,000
5-32	RICAP - Old State House 500,000
5-33	RICAP - State Office Building 500,000
5-34	RICAP - Old Colony House 300,000
6-1	RICAP - William Powers Building 750,000
6-2	RICAP - Fire Code Compliance State Buildings 500,000
6-3	RICAP - Pastore Center Fire Code Compliance 900,000
6-4	RICAP - Pastore Center Water Tanks 520,000
6-5	RICAP – Ladd Center Water System 500,000
6-6	RICAP - Pastore Center Power Plant 2,100,000
6-7	RICAP - Replacement of Fueling Tanks 600,000
6-8	RICAP - Environmental Compliance 550,000
6-9	RICAP – Pastore Utilities Upgrade 1,750,000
6-10	RICAP – Pastore Center Building Demolition 250,000
6-11	RICAP – Health Laboratory Feasibility Study 175,500
6-12	Other Funds Total 15,960,500
6-13	Total - General 281,749,078
6-14	Debt Service Payments
6-15	General Revenue Total 140,022,205
6-16	Federal Funds Total 735,248
6-17	Restricted Receipts Total 4,383,227
6-18	Other Funds
6-19	RIPTA Debt Service 765,484
6-20	Transportation Debt Service 41,454,976
6-21	RIRBA - DLT – Temporary Disability Insurance 45,586
6-22	COPS - DLT Building – TDI 213,880
6-23	COPS – DLT Building Reed Act 5,357
6-24	Other Funds Total 42,485,283
6-25	Total - Debt Service Payments 187,625,963
6-26	Energy Resources
6-27	Federal Funds Total 18,079,657
6-28	Restricted Receipts
6-29	Overcharge Interest Earnings 350,000
6-30	Energy Efficiency and Resources Mgmt. Council 598,957
6-31	Affordable Energy Fund 1,875,000
6-32	Regional Greenhouse Gas Initiative 10,000,000
6-33	Renewable Energy Fund Administration 182,538
6-34	Renewable Energy Development Fund Administration 266,483
7-1	Demand Side Management Grants 2,127,716
7-2	Restricted Receipts Total 15,400,694
7-3	Total – Energy Resources 33,480,351
7-4	Personnel Reform
7-5	General Revenues
7-6	Savings from Retirement Vacancies (16,836,489)
7-7	Personnel Savings (33,391,483)
7-8	General Revenue Total (50,227,972)
7-9	Federal Funds
7-10	Savings from Retirement Vacancies (5,024,646)
7-11	Personnel Savings (9,981,083)
7-12	Federal Funds Total (15,005,729)
7-13	Restricted Receipts
7-14	Savings from Retirement Vacancies (1,039,274)
7-15	Personnel Savings (2,066,513)
7-16	Restricted Receipts Total (3,105,787)
7-17	Other Funds
7-18	Savings from Retirement Vacancies (7,641,748)
7-19	Personnel Savings (15,162,522)
7-20	Other Funds Total (22,804,270)
7-21	Total – Personnel Reform (91,143,758)
7-22	Operational Savings
7-23	General Revenue Total (560,942)
7-24	Federal Funds Total (253,130)
7-25	Restricted Receipts Total (182,434)
7-26	Other Funds Total (182,434)
7-27	Total – Operational Savings (1,178,940)
7-28	Grand Total - General Revenue 446,358,182
7-29	Grand Total - Administration 542,654,775
7-30	Business Regulation
7-31	Central Management
7-32	General Revenue Total 1,133,343
7-33	Total - Central Management 1,133,343
7-34	Banking and Securities Regulation
8-1	General Revenue Total 2,909,442
8-2	Restricted Receipts Total 150,000
8-3	Total - Banking and Securities Regulation 3,059,442
8-4	Commercial Licensing, Racing and Athletics
8-5	General Revenue Total 963,559
8-6	Restricted Receipts Total 488,248
8-7	Total - Commercial Licensing, Racing and Athletics 1,451,807
8-8	Insurance Regulation
8-9	General Revenue Total 4,711,900
8-10	Restricted Receipts Total 907,390
8-11	Total - Insurance Regulation 5,619,290
8-12	Board of Accountancy
8-13	General Revenue Total 156,595
8-14	Total – Board of Accountancy 156,595
8-15	Boards for Design Professionals
8-16	General Revenue Total 328,227
8-17	Total – Boards for Design Professionals 328,227
8-18	Grand Total - General Revenue 10,203,066
8-19	Grand Total - Business Regulation 11,748,704
8-20	Labor and Training
8-21	Central Management
8-22	General Revenue Total 184,235
8-23	Restricted Receipts Total 486,441
8-24	Total - Central Management 670,676
8-25	Workforce Development Services
8-26	General Revenue Total 101,561
8-27	Federal Funds Total 19,208,891
8-28	Restricted Receipts Total 5,502,398
8-29	Other Funds
8-30	Reed Act – Workforce Development 1,463,179
8-31	Other Funds Total 1,463,179
8-32	All of the $1.5 million appropriated from Reed Act funds, may be for the
8-33	administration of this state’s employment compensation law and public employment service
8-34	offices.
9-1	Total - Workforce Development Services 26,276,029
9-2	Workforce Regulation and Safety
9-3	General Revenue Total 2,377,263
9-4	Total - Workforce Regulation and Safety 2,377,263
9-5	Income Support
9-6	General Revenue Total 3,175,354
9-7	Federal Funds Total 16,186,305
9-8	Restricted Receipts Total 1,504,008
9-9	Other Funds
9-10	Temporary Disability Insurance Fund 177,552,838
9-11	Employment Security Fund 238,690,431
9-12	Other Funds Total 416,243,269
9-13	Total - Income Support 437,108,936
9-14	Injured Workers Services
9-15	Restricted Receipts Total 11,575,922
9-16	Total - Injured Workers Services 11,575,922
9-17	Labor Relations Board
9-18	General Revenue Total 461,579
9-19	Total - Labor Relations Board 461,579
9-20	Grand Total - General Revenue 6,299,992
9-21	Grand Total - Labor and Training 478,470,405
9-22	Department of Revenue
9-23	Director of Revenue Office
9-24	General Revenue Total 632,972
9-25	Total – Director of Revenue Office 632,972
9-26	Office of Revenue Analysis
9-27	General Revenue Total 719,927
9-28	Total – Office of Revenue Analysis 719,927
9-29	Lottery Division
9-30	Other Funds Total 207,489,225
9-31	Total – Lottery Division 207,489,225
9-32	Property Valuation
9-33	General Revenue Total 852,759
9-34	Total – Property Valuation 852,759
10-1	Taxation
10-2	General Revenue Total 17,347,998
10-3	Federal Funds Total 1,439,789
10-4	Restricted Receipts Total 910,563
10-5	Other Funds
10-6	Motor Fuel Tax Evasion 130,877
10-7	Temporary Disability Insurance 849,899
10-8	Other Funds Total 980,776
10-9	Total - Taxation 20,679,126
10-10	Registry of Motor Vehicles
10-11	General Revenue Total 17,820,376
10-12	Federal Funds Total 454,306
10-13	Restricted Receipts Total 15,100
10-14	Total – Registry of Motor Vehicles 18,289,782
10-15	Grand Total - General Revenue 37,374,032
10-16	Grand Total – Revenue 248,663,791
10-17	Legislature
10-18	General Revenue Total 34,099,202
10-19	Restricted Receipts Total 1,516,351
10-20	Grand Total - Legislature 35,615,553
10-21	Lieutenant Governor
10-22	General Revenue Total 884,920
10-23	Grand Total - Lieutenant Governor 884,920
10-24	Secretary of State
10-25	Administration
10-26	General Revenue Total 1,719,430
10-27	Total - Administration 1,719,430
10-28	Corporations
10-29	General Revenue Total 1,840,798
10-30	Total - Corporations 1,840,798
10-31	State Archives
10-32	Restricted Receipts Total 555,581
10-33	Total - State Archives 555,581
10-34	Elections
11-1	General Revenue Total 1,446,069
11-2	Federal Funds Total 541,139
11-3	Total - Elections 1,987,208
11-4	State Library
11-5	General Revenue Total 552,708
11-6	Total - State Library 552,708
11-7	Office of Civics and Public Information
11-8	General Revenue Total 219,139
11-9	Total - Office of Civics and Public Information 219,139
11-10	Grand Total - General Revenue 5,778,144
11-11	Grand Total - State 6,874,864
11-12	General Treasurer
11-13	Treasury
11-14	General Revenue Total 2,477,685
11-15	Federal Funds Total 295,276
11-16	Other Funds
11-17	Temporary Disability Insurance Fund 253,375
11-18	Other Funds Total 253,375
11-19	Total – Treasury 3,026,336
11-20	State Retirement System
11-21	Restricted Receipts
11-22	Administrative Expenses - State Retirement System 6,666,780
11-23	Retirement - Treasury Investment Operations 954,281
11-24	Restricted Receipts Total 7,621,061
11-25	Total - State Retirement System 7,621,061
11-26	Unclaimed Property
11-27	Restricted Receipts Total 18,294,560
11-28	Total - Unclaimed Property 18,294,560
11-29	RI Refunding Bond Authority
11-30	General Revenue Total 38,075
11-31	Total - RI Refunding Bond Authority 38,075
11-32	Crime Victim Compensation Program
11-33	General Revenue Total 48,007
11-34	Federal Funds Total 874,805
12-1	Restricted Receipts Total 1,545,224
12-2	Total - Crime Victim Compensation Program 2,468,036
12-3	Grand Total - General Revenue 2,563,767
12-4	Grand Total - General Treasurer 31,448,068
12-5	Board of Elections
12-6	General Revenue Total 1,512,874
12-7	Federal Funds Total 662,344
12-8	Grand Total - Board of Elections 2,175,218
12-9	Rhode Island Ethics Commission
12-10	General Revenue Total 1,405,309
12-11	Grand Total - Rhode Island Ethics Commission 1,405,309
12-12	Office of Governor
12-13	General Revenue Total 4,658,611
12-14	Grand Total - Office of Governor 4,658,611
12-15	Commission for Human Rights
12-16	General Revenue Total 991,659
12-17	Federal Funds Total 391,309
12-18	Grand Total – Commission for Human Rights 1,382,968
12-19	Public Utilities Commission
12-20	Federal Funds Total 100,547
12-21	Restricted Receipts Total 6,768,667
12-22	Grand Total - Public Utilities Commission 6,869,214
12-23	Rhode Island Commission on Women
12-24	General Revenue Total 107,208
12-25	Grand Total - Rhode Island Commission on Women 107,208
12-26	Office of Health and Human Services
12-27	General Revenue Total 5,754,966
12-28	Federal Funds Total 7,891,563
12-29	Restricted Receipts Total 2,097,648
12-30	Total – Health and Human Services 15,744,177
12-31	Children, Youth, and Families
12-32	Central Management
12-33	General Revenue Total 5,033,344
12-34	Federal Funds Total 1,757,779
13-1	Total - Central Management 6,791,123
13-2	Children's Behavioral Health Services
13-3	General Revenue Total 16,067,176
13-4	Federal Funds Total 12,287,901
13-5	Other Funds
13-6	RICAP – Spurwink/RI – Pine Swamp Road 95,000
13-7	RICAP – NAFI Center 550,000
13-8	Other Funds Total 645,000
13-9	Total - Children's Behavioral Health Services 29,000,077
13-10	Juvenile Correctional Services
13-11	General Revenue Total 31,406,268
13-12	Federal Funds Total 522,437
13-13	Restricted Receipts Total 10,000
13-14	Total - Juvenile Correctional Services 31,938,705
13-15	Child Welfare
13-16	General Revenues
13-17	General Revenue 78,277,434
13-18	18 to 21 Year Olds 6,000,000
13-19	General Revenue Total 84,277,434
13-20	Federal Funds
13-21	Federal Funds 50,174,339
13-22	18 to 21 Year Olds 4,890,545
13-23	Federal Funds Total 55,064,884
13-24	Restricted Receipts Total 1,747,941
13-25	Other Funds
13-26	RICAP – Camp E-Hun-Tee 65,000
13-27	RICAP - Fire Code Upgrades 500,000
13-28	Other Funds Total 565,000
13-29	Total - Child Welfare 141,655,259
13-30	Higher Education Incentive Grants
13-31	General Revenue Total 200,000
13-32	Total - Higher Education Incentive Grants 200,000
13-33	Grand Total - General Revenue 136,984,222
13-34	Grand Total - Children, Youth, and Families 209,585,164
14-1	Elderly Affairs and Advocacy
14-2	Elderly Affairs
14-3	General Revenues
14-4	General Revenue 14,574,532
14-5	RIPAE 1,431,654
14-6	Safety and Care of the Elderly 600
14-7	General Revenue Total 16,006,786
14-8	Federal Funds Total 12,257,937
14-9	Restricted Receipts 620,000
14-10	Other Funds
14-11	Intermodal Surface Transportation Fund 4,685,000
14-12	Other Funds Total 4,685,000
14-13	Total - Elderly Affairs 33,569,723
14-14	Commission on the Deaf and Hard of Hearing
14-15	General Revenue Total 368,807
14-16	Total - Commission on the Deaf and Hard of Hearing 368,807
14-17	RI Developmental Disabilities Council
14-18	Federal Funds Total 450,543
14-19	Total - RI Developmental Disabilities Council 450,543
14-20	Governor's Commission on Disabilities
14-21	General Revenue Total 413,651
14-22	Federal Funds Total 189,769
14-23	Restricted Receipts Total 8,565
14-24	Other Funds
14-25	RICAP – Facility Renovation – Handicapped Accessibility 300,000
14-26	Other Funds Total 300,000
14-27	Total - Governor's Commission on Disabilities 911,985
14-28	Grand Total - General Revenue 16,789,244
14-29	Grand Total – Elderly Affairs and Advocacy 35,301,058
14-30	Health
14-31	Central Management
14-32	General Revenue Total 1,082,917
14-33	Federal Funds Total 8,296,936
14-34	Restricted Receipts Total 3,732,220
15-1	Total - Central Management 13,112,073
15-2	State Medical Examiner
15-3	General Revenue Total 2,360,089
15-4	Federal Funds Total 23,983
15-5	Total - State Medical Examiner 2,384,072
15-6	Environmental and Health Services Regulation
15-7	General Revenue Total 9,509,529
15-8	Federal Funds Total 3,836,460
15-9	Restricted Receipts Total 3,301,038
15-10	Total - Environmental and Health Services Regulation 16,647,027
15-11	Health Laboratories
15-12	General Revenue Total 7,212,233
15-13	Federal Funds Total 1,015,438
15-14	Total - Health Laboratories 8,227,671
15-15	Public Health Information
15-16	General Revenue Total 1,882,500
15-17	Federal Funds Total 2,110,972
15-18	Total - Health Services Regulation 3,993,472
15-19	Community and Family Health & Equity
15-20	General Revenue Total 6,426,991
15-21	Federal Funds Total 50,446,024
15-22	Restricted Receipts Total 18,325,894
15-23	Other Funds
15-24	Walkable Communities Initiative 29,410
15-25	Other Funds Total 29,410
15-26	Total – Community and Family Health & Equity 75,228,319
15-27	Infectious Disease and Epidemiology
15-28	General Revenue Total 2,283,649
15-29	Federal Funds Total 2,358,890
15-30	Total – Infectious Disease and Epidemiology 4,642,539
15-31	Grand Total - General Revenue 30,757,908
15-32	Grand Total - Health 124,235,173
15-33	Human Services
15-34	Central Management
16-1	General Revenue Total 4,166,859
16-2	Federal Funds Total 4,540,655
16-3	Restricted Receipts Total 820,609
16-4	Total - Central Management 9,528,123
16-5	Child Support Enforcement
16-6	General Revenue Total 2,741,244
16-7	Federal Funds Total 6,834,361
16-8	Total – Child Support Enforcement 9,575,605
16-9	Individual and Family Support
16-10	General Revenue Total 23,024,743
16-11	Federal Funds Total 55,350,650
16-12	Restricted Receipts Total 134,150
16-13	Other Funds
16-14	RICAP – Blind Vending Facilities 125,000
16-15	Other Funds Total 125,000
16-16	Total - Individual and Family Support 78,634,543
16-17	Veterans' Affairs
16-18	General Revenue Total 17,692,025
16-19	Federal Funds Total 7,737,090
16-20	Restricted Receipts Total 1,763,038
16-21	Total - Veterans' Affairs 27,192,153
16-22	Health Care Quality, Financing and Purchasing
16-23	General Revenue Total 20,993,847
16-24	Federal Funds Total 41,241,728
16-25	Restricted Receipts Total 60,000
16-26	Total - Health Care Quality, Financing & Purchasing 62,295,575
16-27	Medical Benefits
16-28	General Revenue
16-29	Managed Care 238,366,076
16-30	Hospitals 132,093,719
16-31	Other 60,613,163
16-32	Long Term Care
16-33	Nursing Facilities 131,782,728
16-34	Home and Community Based Services 24,088,135
17-1	Pharmacy 63,038,130
17-2	General Revenue Total 649,981,951
17-3	Federal Funds
17-4	Managed Care 265,333,331
17-5	Hospitals 140,273,032
17-6	Long Term Care
17-7	Nursing Facilities 146,064,436
17-8	Home and Community Based Services 26,698,574
17-9	Other 68,290,351
17-10	Pharmacy 24,537,244
17-11	Special Education 20,733,240
17-12	Federal Funds Total 691,930,208
17-13	Restricted Receipts Total 6,590,042
17-14	Total - Medical Benefits 1,348,502,201
17-15	Supplemental Security Income Program
17-16	General Revenue Total 26,312,233
17-17	Total - Supplemental Security Income Program 26,312,233
17-18	Family Independence Program
17-19	General Revenues
17-20	Child Care 6,689,399
17-21	TANF/Family Independence Program 12,477,690
17-22	General Revenue Total 19,167,089
17-23	Federal Funds Total 81,560,911
17-24	Total - Family Independence Program 100,728,000
17-25	State Funded Programs
17-26	General Revenues
17-27	General Public Assistance 3,864,850
17-28	General Revenue Total 3,864,850
17-29	Federal Funds Total 98,083,948
17-30	Total - State Funded Programs 101,948,798
17-31	Grand Total - General Revenue 767,944,841
17-32	Grand Total - Human Services 1,764,717,231
17-33	Mental Health, Retardation, and Hospitals
17-34	Central Management
18-1	General Revenue Total 2,048,521
18-2	Federal Funds Total 67,081
18-3	Total - Central Management 2,115,602
18-4	Hospital and Community System Support
18-5	General Revenue Total 3,088,403
18-6	Federal Funds Total 849,939
18-7	Other Funds
18-8	RICAP - Medical Center Rehabilitation 1,000,000
18-9	RICAP – Community Facilities Fire Code 1,250,000
18-10	RICAP – DD Private Waiver Community Facility/Fire Code 767,201
18-11	Other Funds Total 3,017,201
18-12	Total - Hospital and Community System Support 6,955,543
18-13	Services for the Developmentally Disabled
18-14	General Revenue Total 106,826,111
18-15	Federal Funds Total 123,298,038
18-16	Other Funds
18-17	RICAP - Regional Center Repair/Rehabilitation 500,000
18-18	RICAP – MR Community Facilities/Access to Independence 1,199,430
18-19	RICAP - Developmental Disability Group Homes 2,000,000
18-20	Other Funds Total 3,699,430
18-21	Total - Services for the Developmentally Disabled 233,823,579
18-22	Integrated Mental Health Services
18-23	General Revenue Total 41,173,205
18-24	Federal Funds Total 37,852,642
18-25	Other Fund
18-26	RICAP – MH Community Facilities Repairs 250,000
18-27	RICAP – MH Housing Development-Thresholds 1,100,000
18-28	Other Funds Total 1,350,000
18-29	Total - Integrated Mental Health Services 80,375,847
18-30	Hospital and Community Rehabilitation Services
18-31	General Revenue Total 52,115,911
18-32	Federal Funds Total 50,160,622
18-33	Restricted Receipts 2,300,000
18-34	Other Funds
19-1	RICAP - Zambarano Buildings and Utilities 760,000
19-2	RICAP – Hospital Consolidation 4,470,000
19-3	RICAP – Eleanor Slater HVAC/Elevators 555,000
19-4	Other Funds Total 5,785,000
19-5	Total - Hospital and Community Rehabilitation Services 110,361,533
19-6	Substance Abuse
19-7	General Revenue Funds 14,357,287
19-8	Federal Funds Total 14,485,237
19-9	Restricted Receipts Total 90,000
19-10	Other Funds
19-11	RICAP - Asset Protection 200,000
19-12	Other Funds Total 200,000
19-13	Total - Substance Abuse 29,132,524
19-14	Grand Total - General Revenue 219,609,438
19-15	Grand Total - Mental Health, Retardation, and Hospitals 462,764,628
19-16	Office of the Child Advocate
19-17	General Revenue Total 519,657
19-18	Federal Funds 39,143
19-19	Grand Total – Office of the Child Advocate 558,800
19-20	Mental Health Advocate
19-21	General Revenue Total 431,171
19-22	Grand Total - Mental Health Advocate 431,171
19-23	Elementary and Secondary Education
19-24	Administration of the Comprehensive Education Strategy
19-25	General Revenue Total 20,074,751
19-26	Federal Funds total 189,382,311
19-27	Restricted Receipts
19-28	Restricted Receipts 1,492,162
19-29	HRIC Adult Education Grants 4,500,000
19-30	Restricted Receipts Total 5,992,162
19-31	Total – Administration of the Comprehensive
19-32	Education Strategy 215,449,224
19-33	Davies Career and Technical School
19-34	General Revenue Total 14,537,841
20-1	Federal Funds Total 1,356,073
20-2	Other Funds
20-3	RICAP – Davies HVAC 400,000
20-4	RICAP - Davies Asset Protection 100,000
20-5	RICAP - Davies Roof Repair 740,000
20-6	Other Funds Total 1,240,000
20-7	Total - Davies Career and Technical School 17,133,914
20-8	RI School for the Deaf
20-9	General Revenue Total 6,624,798
20-10	Federal Funds Total 270,027
20-11	Total - RI School for the Deaf 6,894,825
20-12	Metropolitan Career and Technical School
20-13	General Revenue Total 12,302,546
20-14	Total - Metropolitan Career and Technical School 12,302,546
20-15	Education Aid
20-16	General Revenue Total 680,033,012
20-17	Restricted Receipt Total 1,722,210
20-18	Total – Education Aid 681,755,222
20-19	Central Falls School District
20-20	General Revenue Total 45,109,273
20-21	Total - Central Falls School District 45,109,273
20-22	Housing Aid
20-23	General Revenue Total 56,996,248
20-24	Total – Housing Aid 56,996,248
20-25	Teachers’ Retirement
20-26	General Revenue Total 94,785,822
20-27	Total – Teachers’ Retirement 94,785,822
20-28	Grand Total - General Revenue 930,464,291
20-29	Grand Total - Elementary and Secondary Education 1,130,427,074
20-30	Public Higher Education
20-31	Board of Governors/Office of Higher Education
20-32	General Revenue Total 6,865,787
20-33	Federal Fund Total 3,646,277
20-34	Total – Board of Governors/Office of Higher Education 10,512,064
21-1	University of Rhode Island
21-2	General Revenues
21-3	General Revenue 65,370,365
21-4	Debt Service 12,740,210
21-5	General Revenue Total 78,110,575
21-6	Other Funds
21-7	University and College Funds 447,650,315
21-8	Debt - Dining Services 1,146,768
21-9	Debt - Educational and General 5,346,026
21-10	Debt - Health Services 130,074
21-11	Debt - Housing Loan Funds 7,582,070
21-12	Debt - Memorial Union 148,051
21-13	Debt - Ryan Center 2,799,947
21-14	Debt - Alton Jones Services 149,203
21-15	Debt - Parking Authority 881,295
21-16	Debt – Sponsored Research 99,370
21-17	RICAP - Asset Protection 4,315,185
21-18	RICAP – Lippitt Hall 1,600,000
21-19	RICAP – New Chemistry Building 300,000
21-20	RICAP – Nursing & Assoc. Health Building 300,000
21-21	Other Funds Total 472,448,304
21-22	Total – University of Rhode Island 550,558,879
21-23	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpected or
21-24	unencumbered balances as of June 30, 2008 relating to the University of Rhode Island are hereby
21-25	reappropriated to fiscal year 2009.
21-26	Rhode Island College
21-27	General Revenues
21-28	General Revenue 42,416,817
21-29	Debt Service 2,985,082
21-30	RIRBA – Rhode Island College 293,886
21-31	General Revenues Total 45,695,785
21-32	Other Funds
21-33	University and College Funds 89,146,859
21-34	Debt - Education and General 295,196
22-1	Debt - Housing 2,025,570
22-2	Debt - Student Center and Dining 172,639
22-3	Debt - Student Union 231,856
22-4	RICAP - Asset Protection 1,873,700
22-5	Other Funds Total 93,745,820
22-6	Total – Rhode Island College 139,441,605
22-7	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpected or
22-8	unencumbered balances as of June 30, 2008 relating to the Rhode Island College are hereby
22-9	reappropriated to fiscal year 2009.
22-10	Community College of Rhode Island
22-11	General Revenues
22-12	General Revenue 47,679,712
22-13	Debt Service 1,504,159
22-14	General Revenue Total 49,183,871
22-15	Restricted Receipts 641,526
22-16	Other Funds
22-17	University and College Funds 62,924,141
22-18	Debt – Bookstore 105,568
22-19	RICAP - Knight Campus Nursing Program 65,000
22-20	RICAP - Asset Protection 1,192,355
22-21	Fire Code and HVAC 1,700,000
22-22	Other Funds Total 65,987,064
22-23	Total – Community College of Rhode Island 115,812,461
22-24	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpected or
22-25	unencumbered balances as of June 30, 2008 relating to the Community College of Rhode Island
22-26	are hereby reappropriated to fiscal year 2009.
22-27	Grand Total – General Revenue 179,856,018
22-28	Grand Total – Public Higher Education 816,325,009
22-29	RI State Council on the Arts
22-30	General Revenues
22-31	Operating Support 753,552
22-32	Grants 1,341,295
22-33	General Revenue Total 2,094,847
22-34	Federal Funds Total 741,355
23-1	Other Funds
23-2	Arts for Public Facilities 439,453
23-3	Other Funds Total 439,453
23-4	Grand Total - RI State Council on the Arts 3,275,655
23-5	RI Atomic Energy Commission
23-6	General Revenue Total 824,470
23-7	Federal Funds Total 407,277
23-8	Other Funds
23-9	URI Sponsored Research 251,153
23-10	RICAP – RINSC Asset Protection 50,000
23-11	Other Funds Total 301,153
23-12	Grand Total - RI Atomic Energy Commission 1,532,900
23-13	RI Higher Education Assistance Authority
23-14	General Revenues
23-15	Needs Based Grants and Work Opportunities 8,973,558
23-16	Authority Operations and Other Grants 940,351
23-17	General Revenue Total 9,913,909
23-18	Federal Fund Total 12,550,536
23-19	Other Funds
23-20	Tuition Savings Program - Administration 6,776,220
23-21	Other Funds Total 6,776,220
23-22	Grand Total – RI Higher Education Assistance Authority 29,240,665
23-23	RI Historical Preservation and Heritage Commission
23-24	General Revenue Total 1,348,825
23-25	Federal Funds Total 479,640
23-26	Restricted Receipts Total 494,649
23-27	Grand Total - RI Historical Pres. and Heritage Comm. 2,323,114
23-28	RI Public Telecommunications Authority
23-29	General Revenue Total 1,365,306
23-30	Other Funds
23-31	Corporation for Public Broadcasting 767,060
23-32	Other Funds Total 767,060
23-33	Grand Total – RI Public Telecommunications Authority 2,132,366
23-34	Attorney General
24-1	Criminal
24-2	General Revenue Total 13,441,955
24-3	Federal Funds Total 1,207,109
24-4	Restricted Receipts Total 343,296
24-5	Total - Criminal 14,992,360
24-6	Civil
24-7	General Revenue Total 4,159,643
24-8	Restricted Receipts Total 637,570
24-9	Total - Civil 4,797,213
24-10	Bureau of Criminal Identification
24-11	General Revenue Total 1,009,599
24-12	Federal Funds Total 56,500
24-13	Total – Bureau of Criminal Identification 1,066,099
24-14	General
24-15	General Revenue Total 2,600,842
24-16	Other Funds
24-17	RICAP – Building Renovations and Repairs 275,000
24-18	Other Funds Total 275,000
24-19	Total - General 2,875,842
24-20	Grand Total - General Revenue 21,212,039
24-21	Grand Total - Attorney General 23,731,514
24-22	Corrections
24-23	Central Management
24-24	General Revenue Total 9,307,572
24-25	Total - Central Management 9,307,572
24-26	Parole Board
24-27	General Revenue Total 1,272,304
24-28	Federal Funds Total 43,000
24-29	Total - Parole Board 1,315,304
24-30	Institutional Corrections
24-31	General Revenue Total 151,309,377
24-32	Federal Funds Total 2,068,317
24-33	Other Funds
24-34	RICAP - General Renovations – Maximum 450,000
25-1	RICAP - New Women’s Facility Study 100,000
25-2	RICAP - Work Release Roof (Bernadette Guay) 230,000
25-3	RICAP - Asset Protection 2,500,000
25-4	Other Funds Total 3,280,000
25-5	Total - Institutional Corrections 156,657,694
25-6	Community Corrections
25-7	General Revenue Total 16,284,241
25-8	Federal Funds Total 529,418
25-9	Total – Community Corrections 16,813,669
25-10	Grand Total - General Revenue 178,173,504
25-11	Grand Total - Corrections 184,094,239
25-12	Judiciary
25-13	Supreme Court
25-14	General Revenues
25-15	General Revenue 20,051,856
25-16	Defense of Indigents 3,065,689
25-17	Judicial Tenure and Discipline 115,432
25-18	General Revenue Total 28,232,977
25-19	Federal Funds Total 145,000
25-20	Restricted Receipts Total 1,184,111
25-21	Other Funds
25-22	RICAP - Judicial HVAC 300,000
25-23	RICAP - Garrahy Lighting and Ceiling 900,000
25-24	RICAP - Judicial Complexes Asset Protection 500,000
25-25	Other Funds Total 1,700,000
25-26	Total - Supreme Court 31,262,088
25-27	Superior Court
25-28	General Revenue Total 19,539,273
25-29	Federal Funds Total 100,000
25-30	Total - Superior Court 19,639,273
25-31	Family Court
25-32	General Revenue Total 17,917,907
25-33	Federal Funds Total 1,694,312
25-34	Total - Family Court 19,612,219
26-1	District Court
26-2	General Revenue Total 10,047,490
26-3	Total - District Court 10,047,490
26-4	Traffic Tribunal
26-5	General Revenue Total 6,885,279
26-6	Total - Traffic Tribunal 6,885,279
26-7	Workers' Compensation Court
26-8	Restricted Receipts Total 7,526,297
26-9	Total - Workers' Compensation Court 7,526,297
26-10	Grand Total - General Revenue 82,622,926
26-11	Grand Total - Judiciary 94,972,646
26-12	Military Staff
26-13	National Guard
26-14	General Revenue Total 1,681,849
26-15	Federal Funds Total 9,399,739
26-16	Restricted Funds Total 160,000
26-17	Other Funds
26-18	RICAP – AMC Roof Replacement 1,100,000
26-19	RICAP – State Armories Fire Code Comp. 75,000
26-20	RICAP – Federal Armories Fire Code 12,500
26-21	RICAP – Asset Protection 220,500
26-22	RICAP – Logistics/Maintenance Fac. Fire Code 7,500
26-23	Other Funds Total 1,415,500
26-24	Total - National Guard 12,657,088
26-25	Emergency Management
26-26	General Revenue Total 2,058,099
26-27	Federal Funds Total 14,599,335
26-28	Restricted Receipts Total 155,321
26-29	Total - Emergency Management 16,812,755
26-30	Grand Total - General Revenue 3,739,948
26-31	Grand Total - Military Staff 29,469,843
26-32	Public Safety
26-33	Central Management
26-34	General Revenue Total 514,329
27-1	Federal Funds Total 4,340,421
27-2	Restricted Receipts Total 133,000
27-3	Total – Central Management 4,987,750
27-4	E-911 Emergency Telephone System
27-5	General Revenue Total 4,994,940
27-6	Other Funds
27-7	RICAP – E-911 PSAP Building Renovations 55,000
27-8	Other Funds Total 55,000
27-9	Grand Total - E-911 Emergency Telephone System 5,049,940
27-10	State Fire Marshal
27-11	General Revenue Total 2,614,889
27-12	Federal Funds Total 24,000
27-13	Grand Total - State Fire Marshal 2,638,889
27-14	Security Services
27-15	General Revenue Total 19,232,382
27-16	Grand Total - Rhode Island Justice Commission 19,232,382
27-17	Municipal Police Training Academy
27-18	General Revenue Total 431,195
27-19	Federal Funds Total 66,000
27-20	Grand Total - Municipal Police Training Academy 497,195
27-21	State Police
27-22	General Revenue Total 54,168,302
27-23	Federal Funds Total 1,401,699
27-24	Restricted Receipts Total 301,000
27-25	Other Funds
27-26	RICAP – Barracks and Training 750,000
27-27	RICAP – State Police New Headquarters 10,000,000
27-28	RICAP – Parking Area Improvements 50,000
27-29	RICAP – State Microwave Upgrade 7,070,000
27-30	Traffic Enforcement - Municipal Training 152,157
27-31	Lottery Commission Assistance 142,844
27-32	Airport Corporation 144,700
27-33	Road Construction Reimbursement 2,391,544
27-34	Other Funds Total 20,701,245
28-1	Grand Total - State Police 76,572,246
28-2	Grand Total – General Revenue 81,956,037
28-3	Grand Total – Public Safety 108,978,402
28-4	Fire Safety Code Board of Appeal and Review
28-5	General Revenue Total 306,552
28-6	Grand Total - Fire Safety Code Board of Appeal and Review 306,552
28-7	Office of Public Defender
28-8	General Revenue Total 9,468,259
28-9	Federal Funds Total 248,470
28-10	Grand Total - Office of Public Defender 9,716,729
28-11	Environmental Management
28-12	Office of the Director
28-13	General Revenue Total 5,539,371
28-14	Federal Funds Total 536,513
28-15	Restricted Receipts Total 2,681,835
28-16	Total – Office of the Director 8,757,719
28-17	Natural Resources
28-18	General Revenue Total 18,853,058
28-19	Federal Funds Total 21,581,338
28-20	Restricted Receipts Total 3,542,167
28-21	Other Funds
28-22	DOT Recreational Projects 71,126
28-23	Blackstone Bikepath Design 980,329
28-24	RICAP – Recreational Facilities Improvements 1,030,000
28-25	RICAP – Fort Adams Rehabilitation 250,000
28-26	RICAP - Galilee Piers Upgrade 1,000,000
28-27	RICAP - Newport Piers 250,000
28-28	Other Funds Total 3,581,455
28-29	Total - Natural Resources 47,558,018
28-30	Environmental Protection
28-31	General Revenue Total 12,764,957
28-32	Federal Funds Total 11,317,587
28-33	Restricted Receipts Total 10,187,873
28-34	Other Funds
29-1	RICAP – Big River Management Area 100,000
29-2	Other Funds Total 100,000
29-3	Total - Environmental Protection 34,370,417
29-4	Coastal Resources Management Council
29-5	General Revenue Total 1,177,703
29-6	Federal Funds Total 1,410,316
29-7	Restricted Receipts Total 250,000
29-8	Other Funds
29-9	RICAP – Providence River Dredging 1,655,509
29-10	Other Funds Total 1,655,509
29-11	Total – Coastal Resources Management Council 4,493,528
29-12	Grand Total - General Revenue 38,335,089
29-13	Grand Total - Environmental Management 95,179,682
29-14	Transportation
29-15	Central Management
29-16	Federal Funds Total 17,371,666
29-17	Other Funds
29-18	Gasoline Tax 1,916,115
29-19	Other Funds Total 1,916,115
29-20	Total - Central Management 19,287,781
29-21	Management and Budget
29-22	Other Funds
29-23	Gasoline Tax 2,162,403
29-24	Other Funds Total 2,162,403
29-25	Total - Management and Budget 2,162,403
29-26	Infrastructure – Engineering – Garvee/Motor Fuel Tax Bonds
29-27	Federal Funds Total 246,065,687
29-28	Restricted Receipts Total 1,447,246
29-29	Other Funds
29-30	Gasoline Tax 47,964,931
29-31	State Infrastructure Bank 1,343,714
29-32	Land Sale Revenue 5,698,459
29-33	RICAP - RIPTA Land and Buildings 2,826,733
29-34	RICAP - RIPTA Paratransit Vehicles 190,400
30-1	RICAP - Pawtucket/Central Falls Train Station 20,000
30-2	Other Funds Total 58,044,237
30-3	Total - Infrastructure – Engineering – Garvee/Motor
30-4	Fuel Tax Bonds 305,557,170
30-5	Infrastructure Maintenance
30-6	Other Funds
30-7	Gasoline Tax 39,335,813
30-8	Non-land Surplus Property 15,000
30-9	Outdoor Advertising 264,323
30-10	Utility Permit Applications 1,000,000
30-11	RICAP – Cherry Hill/Lincoln Facility 750,000
30-12	RICAP – East Providence Facility 862,000
30-13	RICAP – Salt Storage Facilities 1,400,000
30-14	RICAP – Maintenance Facilities Fire Alarms 150,000
30-15	Other Funds Total 43,777,136
30-16	Total - Infrastructure Maintenance 43,777,136
30-17	Grand Total - Transportation 370,784,490
30-18	Statewide Totals
30-19	General Revenue Total 3,272,710,433
30-20	Federal Funds Total 1,989,690,442
30-21	Restricted Receipts Total 158,249,316
30-22	Other Funds Total 1,468,137,699
30-23	Statewide Grand Total 6,888,787,890
30-24	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
30-25	appropriation.
30-26	SECTION 3. Upon the transfer of any function of a department or agency to another
30-27	department or agency, the Governor is hereby authorized by means of executive order to transfer
30-28	or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
30-29	thereby.
30-30	SECTION 4. Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode
30-31	Island General Laws, the Rhode Island Resource Recovery Corporation shall transfer to the State
30-32	Controller the sum of four million dollars ($4,000,000) on June 30, 2008.
30-33	SECTION 5. From the appropriation for contingency shall be paid such sums as may be
30-34	required at the discretion of the Governor and the Director of Administration to fund expenditures
31-1	for which appropriations may not exist. Such contingency funds may also be used for
31-2	expenditures in the several departments and agencies where appropriations are insufficient, or
31-3	where such requirements are due to unforeseen conditions or are non-recurring items of an
31-4	unusual nature. Said appropriations may also be used for the payment of bills incurred due to
31-5	emergencies or to any offense against public peace and property, in accordance with the
31-6	provisions of Titles 11 and 45 of the General Laws of 1956, as amended. All expenditures and
31-7	transfers from this account shall be approved by the Director of Administration and the Governor.
31-8	SECTION 6. The general assembly authorizes the state controller to establish the
31-9	internal service accounts shown below, and no other, to finance and account for the operations of
31-10	state agencies that provide services to other agencies, institutions and other governmental units on
31-11	a cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
31-12	managed in a businesslike manner, promote efficient use of services by making agencies pay the
31-13	full costs associated with providing the services, and allocate the costs of central administrative
31-14	services across all fund types, so that federal and other non-general fund programs share in the
31-15	costs of general government support. The controller is authorized to reimburse these accounts
31-16	for the cost of work or services performed for any other department or agency subject to the
31-17	following expenditure limitations:
31-18	Account Expenditure Limit
31-19	State Assessed Fringe Benefit Internal Service Fund 28,747,957
31-20	Administration Central Utilities Internal Service Fund 24,635,247
31-21	State Central Mail Internal Service Fund 5,605,880
31-22	State Telecommunications Internal Service Fund 2,847,323
31-23	State Automotive Fleet Internal Service Fund 14,610,172
31-24	State Fleet Replacement Revolving Loan Fund 2,500,000
31-25	Capital Police Internal Service Fund 586,142
31-26	Health Insurance Internal Service Fund 257,686,908
31-27	MHRH Central Pharmacy Internal Service Fund 9,241,973
31-28	MHRH Laundry Services Internal Service Fund 1,125,579
31-29	Corrections General Services & Warehouse Internal Service Fund 262,296
31-30	Correctional Industries Internal Service Fund 7,489,514
31-31	Secretary of State Record Center Internal Service Fund 802,825
31-32	SECTION 7. The General Assembly may provide a written "statement of legislative
31-33	intent" signed by the chairperson of the House Finance Committee and by the chairperson of the
31-34	Senate Finance Committee to show the intended purpose of the appropriations contained in
32-1	Section 1 of this Article. The statement of legislative intent shall be kept on file in the House
32-2	Finance Committee and in the Senate Finance Committee.
32-3	At least twenty (20) days prior to the issuance of a grant or the release of funds, which
32-4	grant or funds are listed on the legislative letter of intent, all department, agency and corporation
32-5	directors, shall notify in writing the chairperson of the House Finance Committee and the
32-6	chairperson of the Senate Finance Committee of the approximate date when the funds are to be
32-7	released or granted.
32-8	SECTION 8. Appropriation of Temporary Disability Insurance Funds -- There is hereby
32-9	appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all
32-10	funds required to be disbursed for the benefit payments from the Temporary Disability Insurance
32-11	Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2009.
32-12	SECTION 9. Appropriation of Employment Security Funds -- There is hereby
32-13	appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to
32-14	be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending
32-15	June 30, 2009.
32-16	SECTION 10. Appropriation of University and College Funds -- There is hereby
32-17	appropriated pursuant to section 16-59-9 of the Rhode Island General Laws relating to the
32-18	appropriation of funds by the General Assembly for Higher Education, and section 16-59-18 of
32-19	the General Laws relating to receipts from sources other than appropriations, any funds received
32-20	by the Board of Governors for Higher Education for the fiscal year ending June 30, 2009 payable
32-21	out of the University and College Funds.
32-22	SECTION 11. Appropriation of Lottery Division Funds – There is hereby appropriated
32-23	to the Lottery Division any funds required to be disbursed by the Lottery Division for the
32-24	purposes of paying commissions or transfers to the prize fund for the fiscal year ending June 30,
32-25	2009.
32-26	SECTION 12. Departments and agencies listed below may not exceed the number of full-
32-27	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions
32-28	do not include seasonal or intermittent positions whose scheduled period of employment does not
32-29	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
32-30	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
32-31	individuals engaged in training, the completion of which is a prerequisite of employment.
32-32	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
32-33	designee, and the President of the Senate or designee may authorize an adjustment to any
32-34	limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
33-1	recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
33-2	copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
33-3	the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
33-4	Senate Fiscal Advisor.
33-5	FTE POSITION AUTHORIZATION
33-6	Departments and Agencies Full-Time Equivalent
33-7	Administration 775.8
33-8	Statewide Retirement Vacancies (300.0)
33-9	Business Regulation 98.0
33-10	Labor and Training 407.2
33-11	Revenue 460.0
33-12	Legislature 297.9
33-13	Office of the Lieutenant Governor 8.0
33-14	Office of the Secretary of State 55.0
33-15	Office of the General Treasurer 86.0
33-16	Board of Elections 14.0
33-17	Rhode Island Ethics Commission 12.0
33-18	Office of the Governor 39.0
33-19	Commission for Human Rights 14.5
33-20	Public Utilities Commission 44.0
33-21	Rhode Island Commission on Women 1.0
33-22	Health and Human Services 102.2
33-23	Children, Youth, and Families 733.5
33-24	Elderly Affairs and Advocacy 44.6
33-25	Health 409.5
33-26	Human Services 966.4
33-27	Mental Health, Retardation, and Hospitals 1,372.6
33-28	Office of the Child Advocate 5.8
33-29	Office of the Mental Health Advocate 3.7
33-30	Elementary and Secondary Education 140.2
33-31	School for the Deaf 62.8
33-32	Davies Career and Technical School 127.0
33-33	Office of Higher Education 21.1
33-34	Provided that 1.0 of the total authorization would be available only for a position that is
34-1	supported by third- party funds.
34-2	University of Rhode Island 2,502.1
34-3	Provided that 602.0 of the total authorization would be available only for positions that
34-4	are supported by third-party funds.
34-5	Rhode Island College 917.5
34-6	Provided that 82.0 of the total authorization would be available only for positions that are
34-7	supported by third-party funds.
34-8	Community College of Rhode Island 833.2
34-9	Provided that 100.0 of the total authorization would be available only for positions that
34-10	are supported by third-party funds.
34-11	Rhode Island State Council on the Arts 8.6
34-12	RI Atomic Energy Commission 8.6
34-13	Higher Education Assistance Authority 42.6
34-14	Historical Preservation and Heritage Commission 16.6
34-15	Public Telecommunications Authority 20.0
34-16	Office of the Attorney General 231.1
34-17	Corrections 1,464.0
34-18	Judiciary 729.3
34-19	Military Staff 103.0
34-20	Public Safety 591.5
34-21	Fire Safety Code Bd. of Appeal and Review 3.0
34-22	Office of the Public Defender 93.5
34-23	Environmental Management 501.0
34-24	Transportation 729.2
34-25	Total 14,796.6
34-26	SECTION 13. The amounts reflected in this Article include the appropriation of Rhode
34-27	Island Capital Plan funds for fiscal year 2009 and supersede appropriations provided for FY 2009
34-28	within Section 12 of Article 1 of Chapter 73 of the P.L. of 2007.
34-29	The following amounts are hereby appropriated out of any money in the State’s Rhode
34-30	Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
34-31	June 30, 2010, June 30, 2011, and June 30, 2012. These amounts supersede appropriations
34-32	provided within Section 8 of Article 1 of Chapter 246 of the P.L. of 2006. For the purposes and
34-33	functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw
34-34	his or her orders upon the General Treasurer for the payment of such sums and such portions
35-1	thereof as may be required by him or her upon receipt of properly authenticated vouchers.
35-2	FiscalYearEnding FiscalYearEnding FiscalYear Ending
35-3	Project June 30, 2010 June 30, 2011 June 30, 2012
35-4	DOA-Pastore Utilities Upgrade 2,500,000 1,500,000 1,500,000
35-5	DOA-State House Renovations 2,000,000 6,000,000 6,000,000
35-6	DCYF-Fire Code Upgrades-Group Homes 500,000 1,000,000 1,000,000
35-7	Higher Ed-Asset Protection-CCRI 1,228,125 1,264,970 1,302,920
35-8	Higher Ed-Asset Protection-RIC 1,929,910 1,987,800 2,047,440
35-9	Higher Ed-Asset Protection-URI 4,444,640 4,577,980 4,715,320
35-10	DOC-Corrections Asset Protection 2,500,000 3,000,000 3,000,000
35-11	State Police-New HQ/Training Facility 14,000,000 0 0
35-12	Mil Staff-Asset Protection 231,525 243,101 255,256
35-13	Mil Staff-AMC Roof/HVAC 950,000 0 0
35-14	DEM-Dam Repairs 1,710,000 250,000 1,350,000
35-15	DEM-Recreation Facility Improvements 1,060,900 1,092,730 1,125,510
35-16	SECTION 14. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.
35-17	- Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project
35-18	appropriations shall be reappropriated in the ensuing fiscal year and made available for the same
35-19	purpose. Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated
35-20	at the discretion of the State Budget Officer.
35-21	SECTION 15. This article shall take effect as of July 1, 2008.
35-22	ARTICLE 2
35-23	RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES
35-24	SECTION 1. (a) The State of Rhode Island is hereby authorized to borrow during its
35-25	fiscal year ending June 30, 2009, in anticipation of receipts from taxes such sum or sums, at such
35-26	time or times and upon such terms and conditions not inconsistent with the provisions and
35-27	limitations of Section 17 of Article VI of the constitution of Rhode Island, as the general
35-28	treasurer, with the advise of the Governor, shall deem for the best interests of the state, provided
35-29	that the amounts so borrowed shall not exceed two hundred and seventy million dollars
35-30	($270,000,000), at any time outstanding. The state is hereby further authorized to give its
35-31	promissory note or notes signed by the general treasurer and counter-signed by the secretary of
35-32	state for the payment of any sum so borrowed. Any such proceeds shall be invested by the
35-33	general treasurer until such time as they are needed. The interest income earned from such
35-34	investments shall be used to pay the interest on the promissory note or notes, or other forms of
36-1	obligations, and any expense of issuing the promissory note or notes, or other forms of
36-2	obligations, with the balance remaining at the end of said fiscal year, if any, shall be used toward
36-3	the payment of long-term debt service of the state, unless prohibited by federal law or regulation.
36-4	(b) Notwithstanding any other authority to the contrary, duly authorized bonds or notes of
36-5	the state issued during the fiscal year ending June 30, 2009 may be issued in the form of
36-6	commercial paper, so-called. In connection herewith, the state, acting through the general
36-7	treasurer, may enter into agreements with banks, trust companies or other financial institutions
36-8	within or outside the state, whether in the form of letters or lines of credit, liquidity facilities,
36-9	insurance or other support arrangements. Any notes issued as commercial paper shall be in such
36-10	amounts and bear such terms as the general treasurer, with the advice of the governor, shall
36-11	determine, which may include provisions for prepayment at any time with or without premium at
36-12	the option of the state. Such notes may be sold at a premium or discount, and may bear interest or
36-13	not and, if interest bearing, may bear interest at such rate or rates variable from time to time as
36-14	determined by the Federal Reserve Bank Composite Index of Commercial Paper, or the
36-15	Municipal Market Data General Market Index or other similar commercial paper offerings, or
36-16	other method specified in any agreement with brokers for the placement or marketing of any such
36-17	notes issued as commercial paper, or other like agreements. Any such agreement may also
36-18	include such other covenants and provisions for protecting the rights, security and remedies of the
36-19	lenders as may, in the discretion of the general treasurer, be reasonable, legal and proper. The
36-20	general treasurer may also enter into agreements with brokers for the placement or marketing of
36-21	any such notes of the state issued as commercial paper. Any notes to the state issued as
36-22	commercial paper in anticipation of receipts from taxes in any fiscal year must also be issued in
36-23	accordance with the provisions of Section 17 of Article VI of the constitution of Rhode Island and
36-24	within the limitations set forth in Subsection (a) of Section 1 of this Article.
36-25	(c) Notwithstanding any other authority to the contrary, other forms of obligations of the
36-26	state not to exceed twenty million dollars ($20,000,000) of the two hundred seventy million dollar
36-27	($270,000,000) amount authorized in Section 1 may be issued during the fiscal year ending June
36-28	30, 2009 in the form of a commercial or business credit account, at any time outstanding, with
36-29	banks, trust companies or other financial institutions within or outside the state in order to finance
36-30	a payables incentive program for the state with its vendors. Any such forms of obligations entered
36-31	into pursuant to this subsection shall be in such amounts and bear such terms as the general
36-32	treasurer, with the advice of the governor, shall determine, which may include provisions for
36-33	prepayment at any time with or without premium at the option of the state. Any such forms of
36-34	obligations entered into pursuant to this subsection may also include such other covenants and
37-1	provisions for protecting the rights, security and remedies of the lenders as may, in the discretion
37-2	of the general treasurer, be reasonable, legal and proper. Any such forms of obligations entered
37-3	into pursuant to this subsection must also be issued in accordance with the provisions of Section
37-4	17 of Article VI of the Constitution of Rhode Island and within the limitations set forth in
37-5	Subsection (a) of Section 1 of this Article.
37-6	SECTION 2. This article shall take effect upon passage.
37-7	ARTICLE 3
37-8	RELATING TO BOND PREMIUMS
37-9	SECTION 1. Section 6, Article 3 of Chapter 289 of the 1986 Public Laws is hereby
37-10	amended to read as follows:
37-11	Section 6. Proceeds of bonds and notes to be deposited in the Rhode Island clean water
37-12	act environmental trust fund program. -- (a) As such funds are needed, the general treasurer is
37-13	directed to deposit the proceeds from the sale of such environmental bonds, exclusive of
37-14	premiums and accrued interest and net of the underwriter cost, and cost of bond insurance, in one
37-15	of more of the depositories in which the funds of the state may be lawfully kept in such special
37-16	accounts (hereinafter cumulatively referred to as “such Rhode Island Clean Water Act
37-17	Environmental Trust Fund”) as established by section 46-12-24.2 and to be used for the purposes
37-18	specified in section 46-12-24.2.
37-19	(b) All proceeds of bonds and notes not immediately required for deposit into such Rhode
37-20	Island Clean Water Act Environmental Trust Fund may be invested by the investment
37-21	commission, as established by chapter 35-10 of the general laws, pursuant to the provisions of
37-22	such chapter; provided, however, that the securities in which such fund is invested shall remain a
37-23	part of such fund until exchanged for other securities, and provided further that the income from
37-24	such investments made pursuant to this subsection shall become part of the general fund of the
37-25	state and shall be applied to the payment of debt service charges of the state, unless prohibited by
37-26	applicable federal law.
37-27	SECTION 2. Section 6, Article 1 of Chapter 425 of the 1987 Public Laws is hereby
37-28	amended to read as follows:
37-29	Section 6. Proceeds of open space and recreational area bonds. – (a) The general treasurer
37-30	is directed to deposit the proceeds from the sale of open space and recreational area bonds,
37-31	exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond
37-32	insurance, in one or more of the depositories in which the funds of the state may lawfully be kept
37-33	in appropriately designated special accounts (hereinafter cumulatively referred to as “such open
37-34	space and recreational area bond funds”), to be used for the purposes and in the manner set forth
38-1	in this section.
38-2	(b) Up to forty-five million dollars ($45,000,000.00) of such open space and recreational
38-3	area bond funds are hereby allocated for grants to the cities and towns, to be administered by the
38-4	director of environmental management to be used:
38-5	(1) to purchase fee simple title or development rights to open spaces, coastal flood-prone
38-6	areas and public recreational areas, and
38-7	(2) for the improving and restoration of public recreational areas. Fifty percent (50%) of
38-8	the aforementioned sums shall be allocated to the cities and towns in the form of grants in the
38-9	furtherance of section 6(b)(1) and shall be equal to seventy five percent (75%) of the cost of any
38-10	such purchase of fee simple or development rights. All funds allocated for grants under this
38-11	subsection must be obligated for grants no later than three years from the date of voter approval
38-12	for the referendum authorized in section 1 of this act. All funds authorized but not obligated on
38-13	that date shall revert to the control of the director of environmental management for use in the
38-14	furtherance of the purposes contained in section 6(b)(1). Forty percent (40%) of said funds shall
38-15	be allocated to the cities and towns in the form of grants in the furtherance of section 6(b)(2) and
38-16	shall be equal to fifty percent (50%) of the cost of any improvements and restoration. The
38-17	remaining ten percent (10%) of said funds shall be used to carry out the provisions of section
38-18	6(b)(1) or section 6(b)(2) so as to make it possible under certain circumstances, including the
38-19	financial ability of a community, to fund any such program up to a one hundred percent (100%)
38-20	grant. The director shall establish guidelines for the allocation of funds under 6(b).
38-21	(c) Up to fifteen million dollars ($15,000,000.00) of such open space and recreational
38-22	area bonds are hereby allocated to the department of environmental management to be used to
38-23	purchase fee simple or development rights for the preservation of open spaces and rehabilitation
38-24	of state owned recreation areas. Priority shall be given to preserving those lands that either
38-25	service or are accessible to people living in the more densely populated areas of the state. Not
38-26	more than five million dollars ($5,000,000.00) of said funds shall be utilized for the rehabilitation
38-27	of state owned recreation areas. Said funds shall be utilized to allow private land trusts to apply
38-28	for and receive funds equal to seventy-five percent (75%) of the cost of any purchase.
38-29	(d) Up to five million two hundred dollars ($5,200,000.00) of such open space and
38-30	recreational area bonds are hereby allocated for the restoration or rehabilitation of the following
38-31	parks which shall be carried out pursuant to any applicable master plan dealing with the
38-32	restoration of historic landscape in order to maintain the landscape architectural integrity of these
38-33	parks.
38-34	(1) Three million dollars ($3,000,000.00) for the restoration of Roger Williams Park;
39-1	(2) Two hundred thousand dollars ($200,000) for restoration of Jenks Park in Central
39-2	Falls;
39-3	(3) Four hundred thousand dollars ($400,000) for restoration of Slater Park in Pawtucket;
39-4	(4) Two hundred thousand dollars ($200,000) for rehabilitation of Cold Spring Park in
39-5	Woonsocket;
39-6	(5) Eight hundred thousand dollars ($800,000) for rehabilitation of City Park in the City
39-7	of Warwick; and
39-8	(6) Two hundred fifty thousand dollars ($250,000) for the rehabilitation of Carousel Park
39-9	in East Providence
39-10	(7) Two hundred fifty thousand dollars ($250,000) for the rehabilitation of Freebody Park
39-11	and Miantonomi Park in the city of Newport;
39-12	(8) One hundred thousand dollars ($100,000) for the rehabilitation of Wilcox Park in
39-13	Westerly.
39-14	(e) Neither the director nor any municipality shall use such open space and recreational
39-15	area bond funds to purchase title or development rights to any property whose natural condition is
39-16	such that it can not be developed.
39-17	(f) The director shall pay the expense of issue for the open space and recreational area
39-18	bonds or notes hereunder from the proceeds thereof.
39-19	(g) The state controller is hereby authorized and directed to draw orders upon the general
39-20	treasurer for payment out of such open space and recreational area bond funds of such sum or
39-21	sums as may be required from time to time, upon the receipt of properly authenticated vouchers
39-22	approved by the director.
39-23	SECTION 3. Section 7, Article 1 of Chapter 434 of the 1990 Public Laws is hereby
39-24	amended to read as follows:
39-25	Section 7. Proceeds of capital development program. – The general treasurer is directed
39-26	to deposit the proceeds from the sale of such capital development bonds, exclusive of premiums
39-27	and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more
39-28	of the depositories in which the funds of the state may be lawfully kept in such special accounts
39-29	(hereinafter cumulatively referred to as “such capital development bond fund”) appropriately
39-30	designated for each of such projects set forth in sections 1 and 2 hereof which shall have been
39-31	approved by the people to be used for the purpose of paying the cost of all such projects so
39-32	approved.
39-33	All moneys in such capital development fund shall be expended for the purposes
39-34	specified in the proposition provided for in sections 1 and 2 hereof under the direction and
40-1	supervision of the director of administration (hereinafter referred to as “said director”); provided,
40-2	however, with respect to the project regarding transportation, said director may delegate all of
40-3	part of the authority hereunder granted to the director of transportation; said director or his
40-4	delegate, as the case may be, shall be vested with all power and authority necessary or incidental
40-5	to the purposes of this act, including where appropriate without limiting the generality of said
40-6	authority, and only by way of illustration, the following authority: (a) to acquire land or other
40-7	real property or any interest, estate or right therein as may be necessary or advantageous to
40-8	accomplish the purposes of this act; (b) to pay for the preparation of any reports, plans and
40-9	specifications, and relocation expenses and other costs such as for furnishings, equipment
40-10	designing, inspecting and engineering, required in connection with the implementation of any
40-11	project set forth in sections 1 and 2 hereof; (c) to pay the costs of construction, rehabilitation,
40-12	enlargement, provision of service utilities, and razing of facilities, and other improvements to
40-13	land in connection with the implementation of any project set for in sections 1 and 2 hereof; and
40-14	(d) to pay for the cost of equipment, supplies, devices, materials and labor for repair, renovation
40-15	or conversion of systems and structures as necessary to implement any project set forth in
40-16	sections 1 and 2 hereof; (e) to pay the expense of issue for such 1990 and 1992 capital
40-17	development program bonds or notes hereunder from the proceeds thereof.
40-18	No more of such moneys in such capital development bond fund shall be expended for
40-19	any such project than the total amount appearing next to the description of such project in the
40-20	proposition provided for in sections 1 and 2 hereof.
40-21	The state controller is authorized and directed to draw his orders upon the general
40-22	treasurer for payment out of such capital development bond fund of such sum or sums as may be
40-23	required from time to time, upon receipt by him of properly authenticated vouchers approved by
40-24	said director or his delegate as the case may be.
40-25	The powers and authorities granted by this act to said director or his delegate, as the case
40-26	may be, shall be in addition to, and not in substitution for, all other power provided by law.
40-27	SECTION 4. Section 7, Article 6 of Chapter 70 of the 1994 Public Laws is hereby
40-28	amended to read as follows:
40-29	Section 7. Proceeds of capital development program. -- The general treasurer is directed
40-30	to deposit the proceeds from the sale of such capital development bonds, exclusive of premiums
40-31	and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more
40-32	of the depositories in which the funds of the state may be lawfully kept in such special accounts
40-33	(hereinafter cumulatively referred to as "such capital development bond fund") appropriately
40-34	designated for each of such projects set forth in sections 1 and 2 hereof which shall have been
41-1	approved by the people to be used for the purpose of paying the cost of all such projects so
41-2	approved.
41-3	All monies in such capital development fund shall be expended for the purposes specified
41-4	in the propositions provided for in sections 1 and 2 hereof under the direction and supervision of
41-5	the director of administration (hereinafter referred to as "said director") said director or his
41-6	delegate, as the case may be, shall be vested with all power and authority necessary or incidental
41-7	to the purposes of this act, including where appropriate without limiting the generality of said
41-8	authority, and only by way of illustration, the following authority: (a) to acquire land or other real
41-9	property or any interest, estate or right therein as may be necessary or advantageous to
41-10	accomplish the purposes of this act; (b) to pay for the preparation of any reports, plans and
41-11	specifications, and relocation expenses and other costs such as for furnishings, equipment
41-12	designing, inspecting and engineering, required in connection with the implementation of any
41-13	projects set forth in sections 1 and 2 hereof; (c) to pay the costs of construction, rehabilitation,
41-14	enlargement, provision of service utilities, and razing of facilities, and other improvements to
41-15	land in connection with the implementation of any projects set forth in sections 1 and 2 hereof;
41-16	and (d) to pay for the cost of equipment, supplies, devices, materials and labor for repair,
41-17	renovation or conversion of systems and structures as necessary to issue for such 1994 and 1996
41-18	capital development program bonds or notes hereunder from the proceeds thereof.
41-19	No more of such monies in such capital development bond fund shall be expended for
41-20	any such project than the total amount appearing next to the description of such project in the
41-21	propositions provided for in sections 1 and 2 hereof.
41-22	The state controller is authorized and directed to draw his or her orders upon the general
41-23	treasurer for payment out of such capital development bond fund of such sum or sums as may be
41-24	required from time to time, upon receipt by him or her of properly authenticated vouchers
41-25	approved by said director or his or her delegate as the case may be.
41-26	The powers and authorities granted by this act to said director or his or her delegate, as
41-27	the case may be, shall be in addition to, and not in substitution for, all other power provided by
41-28	law.
41-29	SECTION 5. Section 6, Article 5 of Chapter 31 of the 1998 Public Laws is hereby
41-30	amended to read as follows:
41-31	Section 6. Proceeds of capital development program. -- The general treasurer is directed
41-32	to deposit the proceeds from the sale of such capital development bonds, exclusive of premiums
41-33	and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more
41-34	of the depositories in which the funds of the state may be lawfully kept in such special accounts
42-1	(hereinafter cumulatively referred to as "such capital development bond fund") appropriately
42-2	designated for each of such projects set forth in section 1 hereof which shall have been approved
42-3	by the people to be used for the purpose of paying the cost of all such projects so approved.
42-4	All monies in such capital development fund shall be expended for the purposes specified
42-5	in the propositions provided for in section 1 hereof under the direction and supervision of the
42-6	director of administration (hereinafter referred to as "said director") said director or his delegate,
42-7	as the case may be, shall be vested with all power and authority necessary or incidental to the
42-8	purposes of this act, including where appropriate without limiting the generality of said authority,
42-9	and only by way of illustration, the following authority: (a) to acquire land or other real property
42-10	or any interest, estate or right therein as may be necessary or advantageous to accomplish the
42-11	purposes of this act; (b) to pay for the preparation of any reports, plans and specifications, and
42-12	relocation expenses and other costs such as for furnishings, equipment designing, inspecting and
42-13	engineering, required in connection with the implementation of any projects set forth in section 1
42-14	hereof; (c) to pay the costs of construction, rehabilitation, enlargement, provision of service
42-15	utilities, and razing of facilities, and other improvements to land in connection with the
42-16	implementation of any projects set forth in section 1 hereof; and (d) to pay for the cost of
42-17	equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems
42-18	and structures as necessary for such 1998 capital development program bonds or notes hereunder
42-19	from the proceeds thereof.
42-20	No more of such monies in such capital development bond fund shall be expended for
42-21	any such project than the total amount appearing next to the description of such project in the
42-22	propositions provided for in section 1 hereof.
42-23	The state controller is authorized and directed to draw his or her orders upon the general
42-24	treasurer for payment out of such capital development bond fund of such sum or sums as may be
42-25	required from time to time, upon receipt by him or her of properly authenticated vouchers
42-26	approved by said director or his or her delegate as the case may be.
42-27	The powers and authorities granted by this act to said director or his or her delegate, as
42-28	the case may be, shall be in addition to, and not in substitution for, all other power provided by
42-29	law.
42-30	SECTION 6. Section 6, Article 5 of Chapter 55 of the 2000 Public Laws is hereby
42-31	amended to read as follows:
42-32	Section 6. Proceeds of capital development program. -- The general treasurer is directed
42-33	to deposit the proceeds from the sale of capital development bonds issued under this act,
42-34	exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond
43-1	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
43-2	in special accounts (hereinafter cumulatively referred to as "such capital development bond
43-3	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
43-4	have been approved by the people to be used for the purpose of paying the cost of all such
43-5	projects so approved.
43-6	All monies in the capital development fund shall be expended for the purposes specified
43-7	in the proposition provided for in section 1 hereof under the direction and supervision of the
43-8	director of administration (hereinafter referred to as "director"). The director or his delegate shall
43-9	be vested with all power and authority necessary or incidental to the purposes of this act,
43-10	including, but not limited to, the following authority: (a) to acquire land or other real property or
43-11	any interest, estate or right therein as may be necessary or advantageous to accomplish the
43-12	purposes of this act; (b) to direct payment for the preparation of any reports, plans and
43-13	specifications, and relocation expenses and other costs such as for furnishings, equipment
43-14	designing, inspecting and engineering, required in connection with the implementation of any
43-15	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
43-16	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
43-17	improvements to land in connection with the implementation of any projects set forth in section 1
43-18	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
43-19	for repair, renovation or conversion of systems and structures as necessary for 2000 capital
43-20	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
43-21	expended in excess of the amount of the capital development bond fund designated for each
43-22	project authorized in section 1 hereof. With respect to the bonds described in section 1, the
43-23	proceeds shall be utilized for the following purposes:
43-24	Question 1 relating to bonds for environmental and recreational purposes shall be allotted
43-25	as follows:
43-26	(a) Open Space $23,500,000
43-27	Provide funds for the Department of Environmental Management to purchase or
43-28	otherwise permanently protect, through the purchase of fee title, development rights, conservation
43-29	easements and public recreation easements, greenways and other open space, agricultural lands,
43-30	forested lands, state parks, consistent with the "Greenways, Greenspace" element of the State
43-31	Guide Plan and the Department of Environmental Management Land Protection Plan, and for the
43-32	purchase of development rights by the Agricultural Land Preservation Commission to preserve
43-33	farmland throughout the state, and $1,300,000 for acquisition of land through the purchase of fee
43-34	title, development rights, and conservation easements by the State of Rhode Island Water
44-1	Resources Board for the protection of public drinking water supplies. The director of the
44-2	Department of Environmental Management shall award up to $11,400,000 to communities and
44-3	local land trusts, conservation commissions and other environmental non-profit organizations to
44-4	provide matching funds for purposes which include, but are not limited to acquisitions,
44-5	easements, and development rights on land consistent with the State Guide Plan and Local
44-6	Comprehensive Plans.
44-7	(b) Recreational Development $9,000,000
44-8	Provide funds for the design, development, expansion and renovation of new or existing
44-9	public recreational facilities and parks. Up to $3,000,000 of these funds shall be available for the
44-10	development and/or renovation of state public recreational facilities. An amount not to exceed
44-11	$6,000,000 shall be available to municipalities to provide grants on a matching basis, which funds
44-12	shall be allocated as follows:
44-13	(i) Distressed Community Grants $1,000,000
44-14	(ii) Recreation Development Grants $5,000,000
44-15	(iii) Roger Williams Park Restoration $1,500,000
44-16	Provide funds for improvements and renovations at Roger Williams Park.
44-17	Question 2 relating to bonds totaling $60,000,000 for projects to improve the state's water
44-18	quality shall be deposited by the Rhode Island Clean Water Finance Agency in one or more of its
44-19	revolving loan funds which, when leveraged with federal and state capitalization grants, will
44-20	provide funding to municipalities, governmental entities and non-governmental entities for water
44-21	pollution abatement projects and drinking water projects. Not less than $70,000,000 in leveraged
44-22	funds will be allocated for loans at a subsidized rate of zero percent to the Narragansett Bay
44-23	Commission to fund costs associated with combined sewage overflow projects. Not more than
44-24	$3,000,000 of the bond proceeds shall be allocated to the Rhode Island Clean Water Finance
44-25	Agency to provide state matching funds to obtain federal capitalization grants available to the
44-26	state, enabling the Rhode Island Clean Water Finance Agency to provide subsidized interest rate
44-27	loans to community water systems, both privately and publicly owned, and non-profit non-
44-28	community water systems for drinking water projects. The Rhode Island Clean Water Finance
44-29	Agency will use the remainder of the bond proceeds to provide loans at a subsidized rate of zero
44-30	percent to fund water pollution abatement projects pursuant to chapter 46-12.2 of the Rhode
44-31	Island General Laws, including but not limited to, wastewater treatment facilities; sludge
44-32	improvement projects; the construction of sewers to relieve areas that should no longer be served
44-33	by septic systems; planning/feasibility studies to support water quality restoration projects
44-34	including stormwater treatment, nutrient reduction, and other similar water pollution abatement
45-1	projects; restoration of aquatic habitats; and implementation of stormwater treatment and other
45-2	nonpoint source water pollution abatement projects.
45-3	Question 3 relating to bonds in the amount of $62,510,000 for transportation purposes
45-4	shall be allocated as follows: $60,000,000 to match federal highways funds to fund improvements
45-5	to the state's highways, roads and bridges, and $2,510,000 to purchase buses for the Rhode Island
45-6	Public Transit Authority's fleet.
45-7	Question 4 relating to bonds in the amount of $36,950,000 to fund improvements to the
45-8	University of Rhode Island, Rhode Island College and the Community College of Rhode Island
45-9	shall be allocated as follows:
45-10	University of Rhode Island Residence Halls $22,000,000
45-11	Rhode Island College Residence Halls $4,015,000
45-12	Community College of Rhode Island Newport Campus $10,935,000
45-13	Question 5 relating to bonds totaling $25,000,000 for the creation, design, construction,
45-14	furnishing, and equipping of the Heritage Harbor Museum. The new Heritage Harbor Museum is
45-15	being built at the site of the former South Street Power Plant. The general obligation bond
45-16	proceeds shall be used to supplement funding available to the project from other sources,
45-17	including, but not limited to federal grants, contributions from individuals and other corporations
45-18	and foundations, state appropriations, and grants from the City of Providence.
45-19	SECTION 7. Section 6, Article 6 of Chapter 65 of the 2002 Public Laws is hereby
45-20	amended to read as follows:
45-21	Section 6. Proceeds of capital development program. -- The general treasurer is directed
45-22	to deposit the proceeds from the sale of capital development bonds issued under this act,
45-23	exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond
45-24	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
45-25	in special accounts (hereinafter cumulatively referred to as "such capital development bond
45-26	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
45-27	have been approved by the people to be used for the purpose of paying the cost of all such
45-28	projects so approved.
45-29	All monies in the capital development fund shall be expended for the purposes specified
45-30	in the proposition provided for in section 1 hereof under the direction and supervision of the
45-31	director of administration (hereinafter referred to as "director"). The director or his delegate shall
45-32	be vested with all power and authority necessary or incidental to the purposes of this act,
45-33	including but not limited to, the following authority: (a) to acquire land or other real property or
45-34	any interest, estate or right therein as may be necessary or advantageous to accomplish the
46-1	purposes of this act; (b) to direct payment for the preparation of any reports, plans and
46-2	specifications, and relocation expenses and other costs such as for furnishings, equipment
46-3	designing, inspecting and engineering, required in connection with the implementation of any
46-4	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
46-5	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
46-6	improvements to land in connection with the implementation of any projects set forth in section 1
46-7	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
46-8	for repair, renovation or conversion of systems and structures as necessary for 2002 capital
46-9	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
46-10	expended in excess of the amount of the capital development bond fund designated for each
46-11	project authorized in section 1 hereof. With respect to the bonds and temporary notes described in
46-12	section 1, the proceeds shall be utilized for the following purposes:
46-13	Question 1 relating to bonds and notes totaling $55.0 million for the support of the
46-14	creation, design, construction, furnishing, and equipping of the new State Police Headquarters
46-15	Facility and the new State Municipal Fire Academy. Additionally, funds may be used to upgrade
46-16	the state's automated Fingerprint Identification System. The new State Police Headquarters
46-17	Facility will be centrally located in Rhode Island to better serve the needs of the citizens of the
46-18	state. The facility will serve the centralized dispatch functions for the Division and provide a
46-19	more unified service delivery for the command staff, business office, communications center,
46-20	traffic personnel, detectives, support staff and technology center.
46-21	The new facility moves headquarters from its current location in North Scituate to a
46-22	centralized location in the state based on the number of assistance calls to which the Rhode Island
46-23	State Police respond. With this move, the Division will centralize records, secure evidence,
46-24	expand technology and provide a public service center. The new State Municipal Fire Academy
46-25	will serve the citizens of the state in a modern facility dedicated to fire protection and prevention.
46-26	Question 2 relating to bonds and notes totaling $14,000,000 for preservation, recreation,
46-27	and heritage shall be allocated as follows:
46-28	(a) Pawtuxet River Walkway $3,000,000
46-29	Provide funds for development and restoration of the Pawtuxet River Walkway located
46-30	within the Town of West Warwick.
46-31	(b) Roger Williams Park $3,000,000
46-32	Provide funds for capital development and restoration at Roger Williams Park, located in
46-33	the City of Providence.
46-34	(c) State Support of Museums and Cultural Art Centers located in
47-1	historic structures $3,000,000
47-2	Provide state support of the Historical Preservation and Heritage Commission to fund
47-3	capital preservation for renovation projects for museums and cultural art centers located in
47-4	historic structures in the State of Rhode Island.
47-5	(d) Heritage Harbor Museum $5,000,000
47-6	Provide funds for the creation, design, construction, furnishing, and equipping of the
47-7	Heritage Harbor Museum, a statewide history museum and cultural center for Rhode Island. The
47-8	new Heritage Harbor Museum is being built at the site of the former South Street Power Plant.
47-9	The general obligation bond proceeds shall be used to supplement funding available to the project
47-10	from other sources, including, but not limited to, federal grants, contributions of individuals,
47-11	corporations and foundations, state appropriations, and grants from the City of Providence. The
47-12	Heritage Harbor Museum will feature artifacts from the Smithsonian Institution borrowed
47-13	through the Museum's participation in the Smithsonian Affiliations Program. The Heritage
47-14	Harbor Museum is currently the only Smithsonian affiliate museum in New England.
47-15	Question 3 relating to bonds in the amount of $63,500,000 for transportation purposes
47-16	shall be allocated as follows:
47-17	(a) Highway Improvement Program $60,000,000
47-18	Provide funds for the Department of Transportation to match federal funds or to provide
47-19	direct funding for improvements to the state's highways, roads and bridges.
47-20	(b) Facilities/Equipment Replacement $1,800,000
47-21	Provide funds for the Department of Transportation to repair or renovate existing
47-22	maintenance facilities or to construct new maintenance facilities.
47-23	(c) Bus Replacement $1,700,000
47-24	Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for
47-25	the rehabilitation of existing buses in the bus fleet.
47-26	Question 4 relating to bonds in the amount of $11,000,000 for Quonset Point/Davisville
47-27	for improvements to road and utility infrastructure at the site, for the demolition of buildings, site
47-28	preparation and pier rehabilitation.
47-29	SECTION 8. Section 6, Article 5 of Chapter 595 of the 2004 Public Laws is hereby
47-30	amended as follows:
47-31	Section 6. Proceeds of capital development program. -- The general treasurer is directed
47-32	to deposit the proceeds from the sale of capital development bonds issued under this act,
47-33	exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond
47-34	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
48-1	in special accounts (hereinafter cumulatively referred to as "such capital development bond
48-2	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
48-3	have been approved by the people to be used for the purpose of paying the cost of all such
48-4	projects so approved.
48-5	All monies in the capital development bond fund shall be expended for the purposes
48-6	specified in the proposition provided for in section 1 hereof under the direction and supervision of
48-7	the director of administration (hereinafter referred to as "director"). The director or his or her
48-8	designee shall be vested with all power and authority necessary or incidental to the purposes of
48-9	this act, including but not limited to, the following authority: (a) to acquire land or other real
48-10	property or any interest, estate or right therein as may be necessary or advantageous to
48-11	accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans
48-12	and specifications, and relocation expenses and other costs such as for furnishings, equipment
48-13	designing, inspecting and engineering, required in connection with the implementation of any
48-14	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
48-15	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
48-16	improvements to land in connection with the implementation of any projects set forth in section 1
48-17	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
48-18	for repair, renovation or conversion of systems and structures as necessary for 2004 capital
48-19	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
48-20	expended in excess of the amount of the capital development bond fund designated for each
48-21	project authorized in section 1 hereof. With respect to the bonds and temporary notes described in
48-22	section 1, the proceeds shall be utilized for the following purposes:
48-23	Question 1 relating to bonds in the amount of $66,520,000 for transportation purposes
48-24	shall be allocated as follows:
48-25	(a) Highway improvement program $60,000,000
48-26	Provide funds for the Department of Transportation to match federal funds or to provide
48-27	direct funding for improvements to the state’s highway, roads and bridges.
48-28	(b) Facilities equipment replacement $5,020,000
48-29	(c) Bus replacement $1,500,000
48-30	Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for
48-31	rehabilitation of existing buses in the bus fleet.
48-32	Question 2 relating to bonds and notes totaling $15,000,000 shall be allocated to the
48-33	construction, renovation, and rehabilitation of the state’s regional career and technical schools.
48-34	Question 3 relating to bonds in the amount of $50,000,000 shall be allocated to provide
49-1	$20,000,000 to construct, renovate and rehabilitate residence halls at the University of Rhode
49-2	Island and $30,000,000 to construct a new residence hall at Rhode Island College.
49-3	Subject to any pledge of housing revenues derived by the Board of Governors for Higher
49-4	Education from residence halls at Rhode Island College, the college shall, to the extent of any
49-5	available funds, reimburse the state for debt service paid by the state on the bonds issued pursuant
49-6	to this act.
49-7	Question 4 relating to bonds in the amount of $12,300,000 shall be allocated to restore
49-8	the historic Cranston Street Armory facility for use as an a archives and records center and make
49-9	space available for either office or educational use, provided that the bonds may not be issued
49-10	until the Governor has submitted detailed expenditure plans and cost estimates to the General
49-11	Assembly, and provided further that the General Assembly has reviewed the plans and cost
49-12	estimates and passed a joint resolution approving the issuance.
49-13	Question 5 relating to bonds in the amount of $10,000,000 shall be allocated as follows:
49-14	(a) Emergency water interconnect $5,000,000
49-15	Provide funds for the Water Resources Board to fund matching grants to local water
49-16	suppliers to develop interconnections between and among water systems to be used in the event
49-17	of an emergency.
49-18	(b) Shad Factory Pipeline $5,000,000
49-19	Provide funds for the Water Resources Board to make necessary repairs to the Shad
49-20	Factory Pipeline to ensure continuation of the state’s rights to water from two reservoirs located
49-21	in Massachusetts.
49-22	Question 6 relating to bonds in the amount of $70,000,000 shall be allocated as follows:
49-23	(a) Narragansett Bay and Watershed Restoration $19,000,000
49-24	Provide $8.5 million for activities to restore and protect the water quality, and enhance
49-25	the economic viability and environmental sustainability of Narragansett Bay and the state’s
49-26	watersheds. Eligible activities shall include, but not be limited to: nonpoint pollution source
49-27	abatement, including stormwater management; nutrient loading abatement; commercial, industrial
49-28	and agricultural pollution abatement; and, riparian buffer and watershed ecosystem restoration.
49-29	Provide $10.5 million funding for the Rhode Island Clean Water Finance Agency which will be
49-30	leveraged to provide loans to municipalities and governmental entities for the design,
49-31	construction, repair, equipping and upgrading of wastewater treatment facilities to implement
49-32	nutrient reduction projects impacting Narragansett Bay and the State’s Watersheds.
49-33	(b) Open Space and Recreational Development $43,000,000
49-34	Provide funds for open space land acquisition farmland preservation, and recreational
50-1	development to be allocated as follows: $25,000,000 would be used by the Department of
50-2	Environmental Management to purchase or otherwise permanently protect through the purchase
50-3	of fee title, development rights, conservation easements and public recreation easements,
50-4	greenways and other open space, recreation lands, agriculture lands, forested lands and state
50-5	parks. An amount not to exceed $10,000,000 of these funds shall be available to municipalities
50-6	local land trusts, conservation commissions, and other environmental nonprofit organizations to
50-7	provide grants on a matching basis for open space preservation consistent with the state guide
50-8	plan and local comprehensive plan.
50-9	$18,000,000 would be used for the design, development, expansion and renovation of
50-10	new or existing public recreations facilities and parks. $8,000,000 of these funds shall be
50-11	available for the development or renovation of state public recreational facilities including
50-12	$3,000,000 for restoration of Fort Adams.
50-13	The remaining $10,000,000 includes $4,000,000 for Roger Williams Park and Zoo,
50-14	$4,000,000 for municipalities to provide grants on a matching basis for other municipal parks,
50-15	and $2,000,000 for municipalities to provide grants on a matching basis for recreation
50-16	development grants.
50-17	(c) Groundwater Protection/Land Acquisition $8,000,000
50-18	Provide funds for use by the Rhode Island Water Resources Board for acquisition of land
50-19	through the purchase of fee title, development rights, and conservation easements for
50-20	groundwater protection and protection of public drinking water supplies.
50-21	Question 7 relating to bonds and notes totaling $14,000,000 shall be allocated to the
50-22	construction and renovation of the University of Rhode Island Pell Library and Oceanographic
50-23	Information Center.
50-24	Question 8 relating to bonds and notes totaling $6,700,000 shall be allocated to the
50-25	construction of the Athletic Performance Center and the renovation of facilities at Meade Stadium
50-26	and Keaney Gymnasium at the University of Rhode Island.
50-27	Question 9 relating to bonds in the amount of $3,000,000 shall be allocated to the
50-28	Historical Preservation and Heritage Commission to fund capital preservation for renovation
50-29	projects for public and nonprofit historic sites, museums and cultural art centers located in
50-30	historic structures in the State of Rhode Island.
50-31	Question 10 relating to bonds in the amount of $46,500,000 shall be allocated to provide
50-32	funds to begin to purchase, build or modify state facilities for state agency use to reduce the
50-33	state’s reliance on leased space and for the State Information Operations Center to meet the
50-34	state’s growing technology needs, provided that the bonds may not be issued until the Governor
51-1	has submitted detailed expenditure plans and cost estimates to the General Assembly, and
51-2	provided further that the General Assembly has reviewed the plans and cost estimates and passed
51-3	a joint resolution approving the issuance of all or a portion of the bonds.
51-4	Question 11 relating to bonds and notes totaling $50,000,000 shall be allocated to the
51-5	construction of the University of Rhode Island Center for Biotechnology and Life Sciences.
51-6	Question 12 relating to bonds and notes totaling $48,000,000 shall be allocated to road
51-7	and utility infrastructure, building demolition, site preparation, and pier rehabilitation at the
51-8	Quonset Point/Davisville Industrial Park.
51-9	SECTION 9. This article shall take effect on July 1, 2008.
51-10	ARTICLE 4
51-11	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
51-12	SECTION 1. This article consists of Joint Resolutions that are submitted pursuant to
51-13	Rhode Island General Laws § 35-18-1, et seq.
51-14	SECTION 2. Registry of Motor Vehicles/Virks Building Renovations.
51-15	WHEREAS, the department of revenue is responsible for all taxation and revenue
51-16	producing functions of the executive branch; and
51-17	WHEREAS, within the department of revenue, the division of motor vehicles (DMV) is
51-18	responsible for a wide array of motor vehicle registration and operator licensing functions; and
51-19	WHEREAS, the DMV’s primary public contact and operations center has been located in
51-20	leased space in Pawtucket, Rhode Island for over a decade; and
51-21	WHEREAS, it is in the best interest of the state of Rhode Island to streamline DMV
51-22	service delivery to achieve better motor vehicle registration and operator licensing functions and
51-23	to provide taxpayers with long-term protection from increasing lease rates at private property; and
51-24	WHEREAS, the three story, 69,000 square foot Aime Forand building located at the
51-25	Pastore Government Center, near the intersection of New London and Howard Avenues, adjacent
51-26	to the recently constructed Rhode Island Traffic Tribunal, would make an ideal location for a new
51-27	DMV headquarters; and
51-28	WHEREAS, the Aime Forand Building is now occupied by staff from the department of
51-29	human services and, due to consolidations within human services departments, the Virks Building
51-30	will soon be available for reuse as office space; and
51-31	WHEREAS, the Virks building is a four-story, 50,000 square foot steel frame building in
51-32	close proximity to other human services buildings and operations within the Pastore Government
51-33	Center; and
51-34	WHEREAS, the renovation of the Aime Forand Building is contingent upon the
52-1	renovation of, and move of human services staff to, the Virks building; and
52-2	WHEREAS, both the Aime Forand and the Virks buildings require upgrades to be in
52-3	compliance with fire, life safety and building codes as well as Americans with Disabilities Act of
52-4	1990 requirements; and
52-5	WHEREAS, the project costs associated with renovating and equipping the Aime Forand
52-6	and the Virks buildings are estimated to be $23.0 million. The total financing obligation of the
52-7	State of Rhode Island would be approximately $23.93 million, with $23.0 million deposited in the
52-8	construction fund, and $93,000 available to pay the associated costs of financing. Total payments
52-9	on the state’s obligation over twenty (20) years on the $23.93 million issuance are projected to be
52-10	$39.94 million, assuming an average effective interest rate of 5.5%. The payments would be
52-11	financed within the department of administration from general revenue appropriations; now,
52-12	therefore, be it
52-13	RESOLVED, that this General Assembly hereby approves financing in an amount not to
52-14	exceed $24.0 million for the renovation of the Amie Forand and the Virks buildings at the Pastore
52-15	Government Center for use as the new division of motor vehicles headquarters and as office
52-16	space for human services agencies, respectively.
52-17	SECTION 3. Energy Service Companies - Equipment Replacement.
52-18	WHEREAS, in fiscal year 2006 Rhode Island state government expended approximately
52-19	$50.0 million on energy utilities for state-owned facilities; and
52-20	WHEREAS, energy prices increased significantly during fiscal year 2007 and are
52-21	expected to continue to rise in fiscal year 2008 and beyond; and
52-22	WHEREAS, the State of Rhode Island owns numerous buildings with boilers, heating
52-23	systems, air conditioning systems, lighting and control systems, many of which are antiquated,
52-24	inefficient, and expensive to maintain; and
52-25	WHEREAS, various private sector companies, hereinafter referred to as energy service
52-26	companies or “ESCOs”, are willing to guarantee energy savings to pay for the cost of the
52-27	replacement of these antiquated and inefficient boilers, heating and air conditioning, lighting and
52-28	other building systems and equipment; and
52-29	WHEREAS, the department of administration is seeking to retain ESCO’s to undertake
52-30	energy service contracts; and
52-31	WHEREAS, the department of administration is seeking to undertake energy savings
52-32	contracts to replace old and obsolete equipment and the estimated cost of such contracts are:
52-33	Pastore Government Center, an amount not to exceed $45.5 million; and
52-34	Zambarano Hospital Campus, an amount not to exceed $7.6 million; now, therefore, be it
53-1	RESOLVED, that the department of administration is authorized to proceed with the
53-2	aforementioned projects in the amounts specified above, and be it further
53-3	RESOLVED, that these contracts will be structured so that, at a minimum, the annual
53-4	principal, interest and service and maintenance costs resulting from these contracts would be
53-5	completely offset by the annual energy savings guaranteed by the ESCOs; and be it further
53-6	RESOLVED, that these contracts would be multi-year contracts of up to a term of
53-7	eighteen years. In addition to saving energy and helping to protect the state from future energy
53-8	cost increases, these contracts would aid in reducing maintenance costs by providing new
53-9	equipment and replacing older energy consuming systems.
53-10	SECTION 4. This article shall take effect upon passage.
53-11	ARTICLE 5
53-12	RELATING TO CAPITAL DEVELOPMENT PROGRAM
53-13	SECTION 1. Proposition to be submitted to the people. -- At the general election to be
53-14	held on the Tuesday next after the first Monday in November 2008, there shall be submitted to
53-15	the people for their approval or rejection the following proposition:
53-16	"Shall the action of the general assembly, by an act passed at the January 2008 session,
53-17	authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the
53-18	capital projects and in the amount with respect to each such project listed below be approved, and
53-19	the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the
53-20	provisions of said act?"
53-21	Project
53-22	(1) Open Space, Recreation, Bay and Watershed Protection $35,000,000
53-23	Approval of this question will allow for the State of Rhode Island to issue general
53-24	obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $35,000,000
53-25	to provide $5,000,000 for open space, farmland preservation, and recreational development and
53-26	$30,000,000 for anti-pollution projects and/or restoration activities benefiting Narragansett Bay
53-27	and state watersheds.
53-28	(2) Transportation $87,215,000
53-29	Approval of this question will authorize the State of Rhode Island to issue general
53-30	obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $80,000,000
53-31	to match federal funds and provide direct funding for improvements to the state’s highways,
53-32	roads and bridges; $3,570,000 to provide funding for commuter rail, and $3,645,000 to purchase
53-33	and/or rehabilitate buses for the Rhode Island Public Transit Authority’s bus fleet.
53-34	SECTION 2. Ballot labels and applicability of general election laws. -- The secretary
54-1	of state shall prepare and deliver to the state board of elections ballot labels for each of the
54-2	projects provided for in section 1 hereof with the designations "approve" or "reject" provided next
54-3	to the description of each such project to enable voters to approve or reject each such proposition.
54-4	The general election laws, so far as consistent herewith, shall apply to this proposition.
54-5	SECTION 3. Approval of projects by people. -- If a majority of the people voting on
54-6	the proposition provided for in section 1 hereof shall vote to approve the proposition as to any
54-7	project provided for in section 1 hereof, said project shall be deemed to be approved by the
54-8	people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be
54-9	limited to the aggregate amount for all such projects as set forth in the proposition provided for in
54-10	section 1 hereof which has been approved by the people.
54-11	SECTION 4. Bonds for capital development program. -- The general treasurer is
54-12	hereby authorized and empowered with the approval of the governor and in accordance with the
54-13	provisions of this act, to issue from time to time capital development bonds in serial form in the
54-14	name and on behalf of the state in amounts as may be specified from time to time by the governor
54-15	in an aggregate principal amount not to exceed the total amount for all projects approved by the
54-16	people and designated as "capital development loan of 2008 bonds" provided, however, that the
54-17	aggregate principal amount of such capital development bonds and of any temporary notes
54-18	outstanding at any one time issued in anticipation thereof pursuant to section 7 hereof shall not
54-19	exceed the total amount for all such projects as have been approved by the people. All provisions
54-20	in this act relating to "bonds" shall also be deemed to apply to "refunding bonds".
54-21	Capital development bonds issued under this act shall be in denominations of one
54-22	thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency
54-23	of the United States which at the time of payment shall be legal tender for public and private
54-24	debts. These capital development bonds shall bear such date or dates, mature at specified time or
54-25	times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in
54-26	which they are issued, bear interest payable semi-annually at a specified rate or different or
54-27	varying rates, be payable at designated time or times at specified place or places, be subject to
54-28	expressed terms of redemption or recall, with or without premium, be in a form, with or without
54-29	interest coupons attached, carry such registration, conversion, reconversion, transfer, debt
54-30	retirement, acceleration and other provisions as may be fixed by the general treasurer, with the
54-31	approval of the governor, upon each issue of such capital development bonds at the time of each
54-32	issue. Whenever the governor shall approve the issuance of such capital development bonds, he
54-33	or she shall certify approval to the secretary of state; the bonds shall be signed by the general
54-34	treasurer and countersigned by the manual or facsimile signature of the secretary of state and
55-1	shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be
55-2	endorsed on each bond so approved with a facsimile of his or her signature.
55-3	SECTION 5. Refunding bonds for 2008 capital development program. -- The general
55-4	treasurer is hereby authorized and empowered, with the approval of the governor and in
55-5	accordance with the provisions of this act, to issue from time to time bonds to refund the 2008
55-6	capital development program bonds in the name and on behalf of the state, in amounts as may be
55-7	specified from time to time by the governor in an aggregate principal amount not to exceed the
55-8	total amount approved by the people, to be designated as "capital development program loan of
55-9	2008 refunding bonds" (hereinafter "refunding bonds").
55-10	The general treasurer with the approval of the governor shall fix the terms and form of
55-11	any refunding bonds issued under this act in the same manner as the capital development bonds
55-12	issued under this act, except that the refunding bonds may not mature more than twenty (20)
55-13	years from the date of original issue of the capital development bonds being refunded.
55-14	The proceeds of the refunding bonds, exclusive of any premium and accrual interest and
55-15	net the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the
55-16	general treasurer immediately to the paying agent for the capital development bonds which are to
55-17	be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they
55-18	are applied to prepay the capital development bonds. While such proceeds are held in trust, they
55-19	may be invested for the benefit of the state in obligations of the United States of America or the
55-20	State of Rhode Island.
55-21	If the general treasurer shall deposit with the paying agent for the capital development
55-22	bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when
55-23	invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
55-24	principal, interest, and premium, if any, on the capital development bonds until these bonds are
55-25	called for prepayment, then such capital development bonds shall not be considered debts of the
55-26	State of Rhode Island for any purpose from the date of deposit of such moneys with the paying
55-27	agent. The refunding bonds shall continue to be a debt of the state until paid.
55-28	The term "bond" shall include "note", and the term "refunding bonds" shall include
55-29	"refunding notes" when used in this act.
55-30	SECTION 6. Proceeds of capital development program. -- The general treasurer is
55-31	directed to deposit the proceeds from the sale of capital development bonds issued under this act,
55-32	exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond
55-33	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
55-34	in special accounts (hereinafter cumulatively referred to as "such capital development bond
56-1	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
56-2	have been approved by the people to be used for the purpose of paying the cost of all such
56-3	projects so approved.
56-4	All monies in the capital development bond fund shall be expended for the purposes
56-5	specified in the proposition provided for in section 1 hereof under the direction and supervision of
56-6	the director of administration (hereinafter referred to as "director"). The director or his or her
56-7	designee shall be vested with all power and authority necessary or incidental to the purposes of
56-8	this act, including but not limited to, the following authority: (a) to acquire land or other real
56-9	property or any interest, estate or right therein as may be necessary or advantageous to
56-10	accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans
56-11	and specifications, and relocation expenses and other costs such as for furnishings, equipment
56-12	designing, inspecting and engineering, required in connection with the implementation of any
56-13	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
56-14	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
56-15	improvements to land in connection with the implementation of any projects set forth in section 1
56-16	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
56-17	for repair, renovation or conversion of systems and structures as necessary for 2008 capital
56-18	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
56-19	expended in excess of the amount of the capital development bond fund designated for each
56-20	project authorized in section 1 hereof. With respect to the bonds and temporary notes described in
56-21	section 1, the proceeds shall be utilized for the following purposes:
56-22	Question 1 relating to bonds in the amount of $35,000,000 shall be allocated as follows:
56-23	(a) Narragansett Bay and Watershed Restoration $30,000,000
56-24	Provide $15,000,000 to the Department of Environmental Management for activities to
56-25	restore and protect the water quality, and enhance the economic viability and environmental
56-26	sustainability of Narragansett Bay and the state’s watersheds. Eligible activities shall include, but
56-27	not be limited to: nonpoint pollution source abatement, including stormwater management;
56-28	nutrient loading abatement; commercial, industrial and agricultural pollution abatement; and,
56-29	riparian buffer and watershed ecosystem restoration. Provide $15,000,000 for the Rhode Island
56-30	Clean Water Finance Agency which will be leveraged to provide loans to municipalities and
56-31	governmental entities for the design, construction, repair, equipping and upgrading of wastewater
56-32	treatment facilities to implement nutrient reduction and other water quality projects impacting
56-33	Narragansett Bay and the state’s watersheds.
56-34	(b) Open Space and Recreational Development $5,000,000
57-1	Provide funds for open space land acquisition, farmland preservation, and recreational
57-2	development to be allocated as follows: $2,500,000 would be used by the Department of
57-3	Environmental Management to purchase or otherwise permanently protect through the purchase
57-4	of fee title, development rights, conservation easements and public recreation easements,
57-5	greenways and other open space, recreation lands, agriculture lands, forested lands and state
57-6	parks. An amount not to exceed $1,000,000 of these funds shall be available to municipalities,
57-7	local land trusts, conservation commissions, and other environmental nonprofit organizations to
57-8	provide grants on a matching basis for open space preservation consistent with the state guide
57-9	plan and local comprehensive plan. An amount not to exceed $1,500,000 of these funds shall be
57-10	provided to the Department of Environmental Management for the Local Recreation
57-11	Development Program to provide funding assistance for local communities to develop, acquire, or
57-12	renovate recreation facilities.
57-13	Question 2 relating to bonds in the amount of $87,215,000 for transportation purposes
57-14	shall be allocated as follows:
57-15	(a) Highway improvement program $80,000,000
57-16	Provide funds for the Department of Transportation to match federal funds or to provide
57-17	direct funding for improvements to the state’s highway, roads and bridges.
57-18	(b) Commuter Rail $3,570,000
57-19	Provide funds for the Department of Transportation to match federal funds or to provide
57-20	direct funding for commuter rail.
57-21	(c) Bus replacement/Rehabilitation $3,645,000
57-22	Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for
57-23	rehabilitation of existing buses in the bus fleet.
57-24	SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority
57-25	of this act shall be sold from time to time at not less than the principal amount thereof, in such
57-26	mode and on such terms and conditions as the general treasurer, with the approval of the
57-27	governor, shall deem to be for the best interests of the state.
57-28	Any premiums and accrued interest, net of the cost of bond insurance and underwriters
57-29	discount, that may be received on the sale of the capital development bonds or notes shall become
57-30	part of the general fund of the state and shall be applied to the payment of debt service charges of
57-31	the state.
57-32	In the event that the amount received from the sale of the capital development bonds or
57-33	notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may
57-34	be used to the extent possible to retire the bonds as the same may become due, to redeem them in
58-1	accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the
58-2	approval of the governor, shall deem to be for the best interests of the state.
58-3	Any bonds or notes issued under the provisions of this act and coupons on any capital
58-4	development bonds, if properly executed by the manual or facsimile signatures of officers of the
58-5	state in office on the date of execution shall be valid and binding according to their tenor,
58-6	notwithstanding that before the delivery thereof and payment therefor, any or all such officers
58-7	shall for any reason have ceased to hold office.
58-8	SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -
58-9	- All bonds and notes issued under the authority of this act shall be exempt from taxation in the
58-10	state and shall be general obligations of the state, and the full faith and credit of the state is hereby
58-11	pledged for the due payment of the principal and interest on each of such bonds and notes as the
58-12	same shall become due.
58-13	SECTION 9. Investment of moneys in fund. -- All moneys in the capital development
58-14	fund not immediately required for payment pursuant to the provisions of this act may be invested
58-15	by the investment commission, as established by chapter 35-10, pursuant to the provisions of such
58-16	chapter; provided, however, that the securities in which the capital development fund is invested
58-17	shall remain a part of the capital development fund until exchanged for other securities; and
58-18	provided further, that the income from investments of the capital development fund shall become
58-19	a part of the general fund of the state and shall be applied to the payment of debt service charges
58-20	of the state, or to the extent necessary, to rebate to the United States treasury any income from
58-21	investments (including gains from the disposition of investments) of proceeds of bonds or notes
58-22	to the extent deemed necessary to exempt (in whole or in part) the interest paid on such bonds or
58-23	notes from federal income taxation.
58-24	SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not
58-25	otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and
58-26	notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise
58-27	appropriated.
58-28	SECTION 11. Advances from general fund. -- The general treasurer is authorized from
58-29	time to time with the approval of the director and the governor, in anticipation of the issue of
58-30	notes or bonds under the authority of this act, to advance to the capital development bond fund for
58-31	the purposes specified in section 6 hereof, any funds of the state not specifically held for any
58-32	particular purpose; provided, however, that all advances made to the capital development bond
58-33	fund shall be returned to the general fund from the capital development bond fund forthwith upon
58-34	the receipt by the capital development fund of proceeds resulting from the issue of notes or bonds
59-1	to the extent of such advances.
59-2	SECTION 12. Federal assistance and private funds. -- In carrying out this act, the
59-3	director, or his or her designee, is authorized on behalf of the state, with the approval of the
59-4	governor, to apply for and accept any federal assistance which may become available for the
59-5	purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of
59-6	any federal legislation therefor, to enter into, act and carry out contracts in connection therewith,
59-7	to act as agent for the federal government in connection therewith, or to designate a subordinate
59-8	so to act. Where federal assistance is made available, the project shall be carried out in
59-9	accordance with applicable federal law, the rules and regulations thereunder and the contract or
59-10	contracts providing for federal assistance, notwithstanding any contrary provisions of state law.
59-11	Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited
59-12	in the capital development bond fund and expended as a part thereof. The director or his or her
59-13	designee may also utilize any private funds that may be made available for the purposes of this
59-14	act.
59-15	SECTION 13. Effective Date. Sections 1, 2, 3, 11, and 12 of this article shall take effect
59-16	upon passage. The remaining sections of this article shall take effect when and if the state board
59-17	of elections shall certify to the secretary of state that a majority of the qualified electors voting on
59-18	the propositions contained in section 1 hereof have indicated their approval of all or any projects
59-19	thereunder.
59-20	ARTICLE 6
59-21	RELATING TO SECRETARY OF STATE LEGISLATIVE MANUAL
59-22	SECTION 1. Section 22-3-12 of the General Laws in Chapter 22-3 entitled
59-23	“Organization of General Assembly” is hereby amended to read as follows:
59-24	22-3-12. Legislative manual. – The secretary of state shall prepare in each odd-
59-25	numbered year a legislative manual for the use of the general assembly, containing the rolls of
59-26	membership, the committees, the rules and orders, and any other matter that the secretary may
59-27	think proper. This manual shall be disseminated through the official website of the office of the
59-28	secretary of state. ~~The number of manuals to be printed and bound will be determined by the~~
59-29	~~secretary of state. Ten (10) copies shall be distributed to each of the senators and representatives~~
59-30	~~of the general assembly; forty (40) copies shall be placed at the disposal of the governor; and the~~
59-31	~~remainder shall be placed in the hands of the secretary of state. There shall be appropriated in~~
59-32	~~each odd numbered year, an amount sufficient to cover the cost of printing and binding of the~~
59-33	~~manual.~~
59-34	SECTION 2. This article shall take effect upon passage.
60-1	ARTICLE 7
60-2	RELATING TO PERMITS FOR SALE OF BOTTLED WATER
60-3	SECTION 1. Section 44-44-2 of the General Laws in Chapter 44-44 entitled “Taxation
60-4	of Beverage Containers, Hard-to-Dispose Material and Litter Control Participation Permittee” is
60-5	hereby amended to read as follows:
60-6	44-44-2. Definitions. – As used in this chapter:
60-7	(1) "Beverage" means carbonated soft drinks, soda water, mineral water, bottled water,
60-8	and beer and other malt beverages.
60-9	(2) "Beverage container" means any sealable bottle, can, jar, or carton which contains a
60-10	beverage.
60-11	(3) "Beverage retailer" means any person who engages in the sale of a beverage container
60-12	to a consumer within the state of Rhode Island, including any operator of a vending machine.
60-13	(4) "Beverage wholesaler" means any person who engages in the sale of beverage
60-14	containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who
60-15	engages in those sales.
60-16	(5) "Case" means:
60-17	(i) Forty-eight (48) beverage containers sold or offered for sale within this state when
60-18	each beverage container has a liquid capacity of seven (7) fluid ounces or less;
60-19	(ii) Twenty-four (24) beverage containers sold or offered for sale within this state when
60-20	each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or
60-21	equal to sixteen and nine tenths (16.9) fluid ounces;
60-22	(iii) Twelve (12) beverage containers sold or offered for sale within this state when each
60-23	beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces
60-24	but less than thirty-three and nine tenths (33.9) fluid ounces; and
60-25	(iv) Six (6) beverage containers sold or offered for sale within this state when each
60-26	beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or
60-27	more.
60-28	(6) A permit issued in accordance with § 44-44-3.1(1) is called a Class A permit.
60-29	(7) A permit issued in accordance with § 44-44-3.1(2) is called a Class B permit.
60-30	(8) A permit issued in accordance with § 44-44-3.1(3) is called a Class C permit.
60-31	(9) A permit issued in accordance with § 44-44-3.1(4) is called a Class D permit.
60-32	(10) A permit issued in accordance with § 44-44-3.1(5) is called a Class E permit.
60-33	(11) "Consumer" means any person who purchases a beverage in a beverage container for
60-34	use or consumption with no intent to resell that filled beverage container.
61-1	(12) "Gross receipts" means those receipts reported for each location to the tax
61-2	administrator included in the measure of tax imposed under chapter 18 of this title, as amended.
61-3	For those persons having multiple locations' receipts reported to the tax administrator the "gross
61-4	receipts" to be aggregated shall be determined by each individual sales tax permit number. The
61-5	term gross receipts shall be computed without deduction for retail sales of items in activities other
61-6	than those which this state is prohibited from taxing under the constitution of the United States.
61-7	(13) "Hard-to-dispose material" is as defined in § 37-15.1-3.
61-8	(14) "Hard-to-dispose material retailer" means any person who engages in the retail sale
61-9	of hard-to-dispose material (as defined in § 37-15.1-3) in this state.
61-10	(15) "Hard-to-dispose material wholesaler" means any person, wherever located, who
61-11	engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in
61-12	this state (including manufacturers, refiners, and distributors and retailers), and to other persons
61-13	as defined above.
61-14	(16) "New vehicle" means any mode of transportation for which a certificate of title is
61-15	required pursuant to title 31 and for which a certificate of title has not been previously issued in
61-16	this state or any other state or country.
61-17	(17) "Organic solvent" is as defined in § 37-15.1-3.
61-18	(18) "Person" means any natural person, corporation, partnership, joint venture,
61-19	association, proprietorship, firm, or other business entity.
61-20	(19) "Prior calendar year" means the period beginning with January 1 and ending with
61-21	December 31 immediately preceding the permit application due date.
61-22	(20) "Qualifying activities" means selling or offering for retail sale food or beverages
61-23	for immediate consumption and/or packaged for sale on a take out or to go basis regardless of
61-24	whether or not the items are subsequently actually eaten on or off the vendor's premises.
61-25	(21) "Vending machine" means a self-contained automatic device that dispenses for
61-26	sale foods, beverages, or confection products.
61-27	SECTION 2. This article shall take effect as of July 1, 2008.
61-28	ARTICLE 8
61-29	RELATING TO TRANSPORTATION OF STUDENTS
61-30	SECTION 1. Sections 16-21.1-7 and 16-21.1-8 of the General Laws in Chapter 16-21.1
61-31	entitled
61-32	~~16-21.1-7 Statewide transportation of students with special needs. Notwithstanding the~~
61-33	~~regional structure created in this chapter, and pursuant to the obligation of school committees to~~
61-34	~~transport children with special needs to and from school either within the school district or in~~
62-1	~~another school district of the state created by § 16-24-4, the department of elementary and~~
62-2	~~secondary education, in collaboration with the office of statewide planning of the department of~~
62-3	~~administration, and the Rhode Island public transit authority shall develop a plan for the creation~~
62-4	~~and implementation of a statewide system of transportation of students with special needs to and~~
62-5	~~from school. The statewide school transportation system for children with special needs shall be~~
62-6	~~provided through a competitive request for proposals to which vendors of transportation services~~
62-7	~~may respond. Effective upon the implementation of this statewide system of transportation for~~
62-8	~~students with special needs, each school committee may purchase the transportation services for~~
62-9	~~their own resident students with special needs by accessing this integrated statewide system of~~
62-10	~~transportation for children with special needs on a fee-for-service basis for each child. The goals~~
62-11	~~of the statewide system of transportation for students with special needs shall be the reduction of~~
62-12	~~duplication of cost and routes in transporting children from the various cities and towns to the~~
62-13	~~same special education program providers using different buses from each city and town, the~~
62-14	~~improvement of services to children through the development of shorter ride times and more~~
62-15	~~efficient routes of travel, and the reduction of cost to local school committees through achieving~~
62-16	~~efficiency in eliminating the need for each school district to contract for and provide these~~
62-17	~~specialized transportation services separately. The department of elementary and secondary~~
62-18	~~education shall submit a report of their findings and plans to the general assembly by March 30,~~
62-19	~~2008.~~
62-20	~~16-21.1-8 Statewide transportation system for all students to be established. –~~
62-21	~~Notwithstanding the regional structure created in this chapter, the department of elementary and~~
62-22	~~secondary education, in collaboration with the office of statewide planning of the department of~~
62-23	~~administration, and the Rhode Island public transit authority shall conduct a comprehensive study~~
62-24	~~of all current transportation services for students in Rhode Island school districts in order to~~
62-25	~~develop a plan for the creation and implementation of a statewide system of transportation of all~~
62-26	~~students to and from school. The statewide school transportation system for all students shall be~~
62-27	~~provided through a competitive request for proposals to which vendors of transportation services~~
62-28	~~may respond. Effective upon the implementation of this statewide system of transportation for all~~
62-29	~~students, each school committee may purchase the transportation services for their own resident~~
62-30	~~students by accessing this integrated statewide system of transportation on a fee-for-service basis~~
62-31	~~for each child. The goals of the statewide system of transportation for all students shall be the~~
62-32	~~reduction of duplication of cost and routes in transporting children from the various cities and~~
62-33	~~towns using different buses within and between each city and town, the improvement of services~~
62-34	~~to children through the development of shorter ride times and more efficient routes of travel, and~~
63-1	~~the reduction of cost to local school committees through achieving efficiency in eliminating the~~
63-2	~~need for each school district to contract for and provide these transportation services separately.~~
63-3	~~The comprehensive study of all current transportation services for students in Rhode Island~~
63-4	~~school districts and development of a plan for a statewide system of transportation of all students~~
63-5	~~to and from school shall be completed, with a report to the general assembly by March 30, 2008.~~
63-6	SECTION 2. This article shall take effect upon passage.
63-7	ARTICLE 9
63-8	RELATING TO EDUCATION AID
63-9	SECTION 1. Section 16-7-40 of the General Laws in Chapter 16-7 entitled “Foundation
63-10	Level School Support” is hereby amended to read as follows:
63-11	16-7-40. Increased school housing ratio for regional schools – Energy conservation
63-12	~~Access for people with disabilities – Asbestos removal projects.~~ – (a) In the case of regional
63-13	school districts formed prior to June 30, 2008, the school housing aid ratio shall be increased by
63-14	two percent (2%) for each grade so consolidated. only for those school housing projects approved
63-15	prior to June 30, 2008. Beginning July 1, 2008, upon the creation of a regional school district, the
63-16	school housing aid ratio shall be increased by two percent (2%) for each grade so consolidated for
63-17	school housing projects occurring in the first five years following regionalization. To qualify for
63-18	the increased share ratio, as defined in § 16-7-39, renovation and repair projects must be
63-19	submitted for approval through the necessity of school construction process, pursuant to the
63-20	school construction regulations as promulgated by the board of regents for Elementary and
63-21	Secondary Education, prior to the end of the second full fiscal year following the regionalization
63-22	of the applicable districts.
63-23	(2) ~~Regional school districts undertaking renovation project(s)~~ For existing regional
63-24	school districts undertaking renovation project(s) that were approved prior to June 30, 2008, there
63-25	shall be ~~receive~~ an increased share ratio of four percent (4%) for those specific project(s) only, in
63-26	addition to the combined share ratio calculated in § 16-7-39 and this subsection.
63-27	(b) In the case of renovation projects undertaken by regionalized and/or non-
63-28	regionalized school districts specifically for the purposes of energy conservation, ~~access for~~
63-29	~~people with disabilities, and/or asbestos removal, the school housing aid share ratio shall be~~
63-30	~~increased by four percent (4%) for these specific projects only, in the calculation of school~~
63-31	~~housing aid. The increased share ratio shall continue to be applied for as log as the project(s)~~
63-32	~~receive state housing aid. In order to qualify for the increased share ratio, seventy-five percent~~
63-33	~~(75%) of the project costs must be specifically directed to either energy conservation, access for~~
63-34	~~people with disabilities, and/or asbestos removal or any combination of these projects. The board~~
64-1	~~of regents for elementary and secondary education shall promulgate rules and regulations for the~~
64-2	~~administration and operation of this section.~~ the school housing aid ratio shall be increased by two
64-3	percent (2%) from the level set forth in § 16-7-39 and this section for those projects that achieve
64-4	energy efficiency standards thirty percent (30%) above the Rhode Island Building Energy Code.
64-5	The school housing aid ratio shall be increased by three percent (3%) from the level set forth in §
64-6	16-7-39 and this section for those projects that achieve energy efficiency standards forty percent
64-7	(40%) above the Rhode Island Building Energy Code. The school housing aid ratio shall be
64-8	increased by four percent (4%) from the level set forth in § 16-7-39 and this section for those
64-9	projects that achieve energy efficiency standards fifty percent (50%) above the Rhode Island
64-10	Building Energy Code.
64-11	(c) Upon the transfer of ownership from the state to the respective cities and towns of the
64-12	regional career and technical center buildings located in Cranston, East Providence, Newport,
64-13	Providence, Warwick, Woonsocket and the Chariho regional school district, the school housing
64-14	aid share ratio shall be increased by four percent (4%) for the renovation and/or repair of these
64-15	buildings. To qualify for the increased share ratio, as defined in § 16-7-39, renovation and repair
64-16	projects must be submitted for approval through the necessity of school construction process prior
64-17	to the end of the second full fiscal year following the transfer of ownership and assumption of
64-18	local care and control of the building. Only projects at regional career and technical centers that
64-19	have full program approval from the department of elementary and secondary education shall be
64-20	eligible for the increased share ratio. The increased share ratio shall continue to be applied for as
64-21	long as the renovation and/or repair project receives school housing aid.
64-22	SECTION 2. Section 16-7.1-15 of the General Laws in Chapter 16-7.1 entitled “The
64-23	Rhode Island Student Investment Initiative” is hereby amended to read as follows:
64-24	16-7.1-15 The Rhode Island student investment initiative. – (a) Each locally or
64-25	regionally operated school district shall receive as a base the same amount of school aid as each
64-26	district received in fiscal year 1997-1998, adjusted to reflect the increases or decreases in aid
64-27	enacted to meet the minimum and maximum funding levels established for FY 2000 through FY
64-28	~~2007~~ 2008. Each school district shall also receive school aid through each investment fund for
64-29	which that district qualifies pursuant to §§ 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12,
64-30	16-7.1-16 and 16-7.1-19. These sums shall be in addition to the base amount described in this
64-31	section. For FY ~~2008~~ 2009, the reference year for the data used in the calculation of aid pursuant
64-32	to § 16-7.1-8, § 16-7.1-9, § 16-7.1-10, § 16-7.1-11, § 16-7.1-11.1, § 16-7.1-12, § 16-7.1-16, §§
64-33	16-7.1-19 and 16-77.1-2(b) shall be FY 2004. Calculation and distribution of education aid under
64-34	§§ 16-5-31, 16-5-32, 16-7-20, 16-7-20.5, 16-7-34.2, 16-7-34.3, 16-24-6, 16-54-4, and 16-67-4 is
65-1	hereby suspended. The funding of the purposes and activities of chapter 67 of this title, the Rhode
65-2	Island Literacy and Dropout Prevention Act of 1967, shall be the same amount of the base
65-3	amount of each district funded for that purpose in fiscal year 1997-1998. In addition each district
65-4	shall expend three percent (3%) of its student equity and early childhood funds under the
65-5	provisions of chapter 67 of this title.
65-6	(b) Funding for full day kindergarten programs in accordance with § 16-7.1-11.1 shall
65-7	be in addition to funding received under this section.
65-8	(c) Funding distributed under §§ 16-77.1-2(b) and 16-64-1.1 shall be in addition to
65-9	funding distributed under this section.
65-10	(d) There shall be an appropriation to ensure that total aid distributed to communities in
65-11	FY ~~2008~~ 2009 under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) shall be as
65-12	follows:
65-13	Barrington 2,599,526
65-14	Burrillville 13,854,743
65-15	Charlestown ~~2,002,832~~ 2,002,838
65-16	Coventry 20,075,081
65-17	Cranston ~~35,580,911~~ 35,475,911
65-18	Cumberland 13,257,009
65-19	East Greenwich 1,949,761
65-20	East Providence 26,888,254
65-21	Foster 1,416,463
65-22	Glocester 3,213,847
65-23	Hopkinton 6,241,352
65-24	Jamestown 531,908
65-25	Johnston ~~10,915,364~~ 10,750,364
65-26	Lincoln 7,403,268
65-27	Little Compton 368,810
65-28	Middletown 10,497,116
65-29	Narragansett 1,897,159
65-30	Newport 11,871,080
65-31	New Shoreham 106,345
65-32	North Kingstown 11,986,005
65-33	North Providence ~~13,262,872~~ 13,382,872
65-34	North Smithfield 4,834,237
66-1	Pawtucket 67,023,559
66-2	Portsmouth 6,700,042
66-3	Providence ~~194,109,756~~ 193,869,756
66-4	Richmond 6,188,615
66-5	Scituate 3,407,183
66-6	Smithfield 5,743,568
66-7	South Kingstown 10,548,698
66-8	Tiverton 5,932,058
66-9	Warwick 37,626,000
66-10	Westerly 6,843,077
66-11	West Warwick 20,440,547
66-12	Woonsocket ~~47,616,613~~ 47,421,613
66-13	Bristol-Warren ~~20,498,190~~ 20,438,190
66-14	Exeter-West Greenwich ~~7,661,019~~ 7,586,019
66-15	Chariho 398,334
66-16	Foster-Glocester 5,729,861
66-17	Central Falls ~~43,873,873~~ 45,187,735
66-18	This special provision shall not limit entitlements as determined by application of other
66-19	formula provisions in this section.
66-20	(e) Children with disabilities. (1) Based on its review of special education within the
66-21	context of Rhode Island school reform, the general assembly recommends addressing the needs of
66-22	all children and preventing disability through scientific research based, as described in the No
66-23	Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading
66-24	instruction and the development of Personal Literacy Programs for students in the early grades
66-25	performing below grade level in reading and implement a system of student accountability that
66-26	will enable the state to track individual students over time. Additionally, the department of
66-27	elementary and secondary education must provide districts with rigorous criteria and procedures
66-28	for identifying students with learning disabilities and speech/language impairments. Additional
66-29	study is required of factors that influence programming for students with low incidence
66-30	disabilities; those with disabilities that severely compromise life functions; and programming for
66-31	students with disabilities through urban special education. Alternatives for funding special
66-32	education require examination.
66-33	(2) All departments and agencies of the state shall furnish any advice and information,
66-34	documentary and otherwise, to the general assembly and its agents that is deemed necessary or
67-1	desirable by the study to facilitate the purposes of this section.
67-2	SECTION 3. This article shall take effect as of July 1, 2008.
67-3	ARTICLE 10
67-4	RELATING TO SUBSTANCE ABUSE PREVENTION ACT
67-5	SECTION 1. Sections 16-21.2-2, 16-21.2-4, and 16-21.2-5 of the General Laws in
67-6	Chapter 16-21.2 entitled “The Rhode Island Substance Abuse Prevention Act” are hereby
67-7	16-21.2-2. Declaration of purpose. – In recognition of the growing problem of
67-8	substance use and abuse ~~that~~ faced by municipalities and the state ~~face~~, the purpose of this
67-9	chapter is as follows:
67-10	~~(1) To promote the opportunity for municipalities to establish a comprehensive substance~~
67-11	~~abuse prevention program addressing the specific needs of each individual municipality.~~
67-12	~~(2)~~(1) To encourage the development of a partnership among municipal governments,
67-13	school systems, parents, businesses, religious organizations, legislators, and human service
67-14	providers to serve the interest of the community in addressing the need for a comprehensive
67-15	substance abuse prevention program.
67-16	/~~(3)~~(2) To promote a substance abuse prevention program in every community.
67-17	~~(4)~~ (3) To provide financial assistance for the planning, establishment, and operation of
67-18	substance abuse prevention programs.
67-19	~~(5) To encourage municipal governments, in cooperation with school systems and human~~
67-20	~~services organizations to jointly assess the extent of the substance abuse problem in their~~
67-21	~~community.~~
67-22	16-21.2-4. Substance abuse prevention program. -- ~~(a) The department of mental~~
67-23	~~health, retardation, and hospitals shall be charged with the administration of this chapter and shall~~
67-24	~~provide grants to assist in the planning, establishment, and operation of substance abuse~~
67-25	~~prevention programs. Grants under this section shall be made to municipal governments or their~~
67-26	~~designated agents according to the following guidelines:~~
67-27	~~(1) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000);~~
67-28	~~provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those~~
67-29	~~surplus funds are to be divided proportionately among the cities and towns on a per capita basis~~
67-30	~~but in no event shall the city of Providence exceed a maximum grant cap of $175,000.00.~~
67-31	~~(2) In order to obtain a grant, the municipality or its designated agent must in the first~~
67-32	~~year:~~
67-33	~~(i) Demonstrate the municipality's need for a comprehensive substance abuse program in~~
67-34	~~the areas of prevention and education.~~
68-1	~~(ii) Demonstrate that the municipality has established by appropriate legislative or~~
68-2	~~executive action, a substance abuse prevention council which shall assist in assessing the needs~~
68-3	~~and resources of the community, developing a three (3) year plan of action addressing the~~
68-4	~~identified needs, the operation and implementation of the overall substance abuse prevention~~
68-5	~~program; coordinating existing services such as law enforcement, prevention, treatment, and~~
68-6	~~education; consisting of representatives of the municipal government, representatives of the~~
68-7	~~school system, parents, and human service providers.~~
68-8	~~(iii) Demonstrate the municipality's ability to develop a plan of implementation of a~~
68-9	~~comprehensive three (3) year substance abuse prevention program based on the specific needs of~~
68-10	~~the community to include high risk populations of adolescents, children of substance abusers, and~~
68-11	~~primary education school aged children.~~
68-12	~~(iv) Agree to conduct a survey/questionnaire of the student population designed to~~
68-13	~~establish the extent of the use and abuse of drugs and alcohol in students throughout the local~~
68-14	~~community's school population.~~
68-15	~~(v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program~~
68-16	~~will be contributed either in cash or in-kind by public or private resources within the~~
68-17	~~municipality.~~
68-18	(a) The department of mental health, retardation, and hospitals shall be charged with the
68-19	administration of this chapter and shall provide grants to assist in the planning, establishment, and
68-20	operation of regional substance abuse prevention coalitions.
68-21	(b) Grants under this section shall be made to not-for-profit community organizations to
68-22	provide professional staff for each regional substance abuse prevention coalition.
68-23	(c) The members of each regional substance abuse prevention coalition shall serve as
68-24	volunteers and must represent at least the following leadership constituencies:
68-25	(i) chief elected officials of each municipality in the region
68-26	(ii) chief of police of each municipality in the region
68-27	(iii) superintendent of schools of each municipality in the region
68-28	(iiii) major business(es)
68-29	(iv) legislators
68-30	(v) major substance abuse prevention, intervention, and treatment providers
68-31	(vi) members of minority communities
68-32	(vii) religious organizations
68-33	(vii) the media
68-34	(d) The purpose of the regional substance abuse prevention coalitions shall be to develop
69-1	and coordinate services, and not to provide direct services to clients.
69-2	(e) The regional substance abuse prevention coalitions shall have the following “core
69-3	functions:”
69-4	(i) identify gaps in services along the continuum of care; including community
69-5	awareness, education, primary prevention, intervention and referral, and aftercare
69-6	(ii) develop an annual action plan to fill gaps in services and submit the plan to the
69-7	department of mental health, retardation, and hospitals
69-8	(iii) conduct fundraising activities to fill gaps identified in the annual action plan
69-9	(iv) conduct activities to implement the initiatives identified in the annual action plan
69-10	(v) conduct activities to promote visibility of the regional substance abuse prevention
69-11	coalition (but not to provide direct services)
69-12	(vi) conduct at least four (4) meetings per year
69-13	(vii) maintain regional substance abuse prevention coalition membership as described in
69-14	§ 16-21.2-4 (d), above.
69-15	(f) Regional substance abuse prevention coalitions shall be established for the following
69-16	areas of the state:
69-17	(i) Region I consisting of Washington County;
69-18	(ii) Region II consisting of Kent County;
69-19	(iii) Region III consisting of Providence County; and
69-20	(iv) Region IV consisting of Bristol and Newport Counties.
69-21	16-21.2-5. ~~Funding of substance abuse prevention program~~ Municipal substance
69-22	abuse prevention task forces. ~~– (a) Money to fund the Rhode Island Substance Abuse~~
69-23	~~Prevention Act shall be appropriated from state general revenues and shall be raised by assessing~~
69-24	~~an additional penalty of thirty dollars ($30.00) for all speeding violations as set forth in § 31-43-~~
69-25	~~5.1. The money shall be deposited as general revenues. The department of mental health,~~
69-26	~~retardation, and hospitals may utilize up to ten percent (10%) of the sums appropriated for the~~
69-27	~~purpose of administering the substance abuse prevention program.~~
69-28	~~(b) Grants made under this chapter shall not exceed money available in the substance~~
69-29	~~abuse prevention program.~~
69-30	(a) Grants under this section shall be made to municipal governments or their designated
69-31	agents according to the following guidelines:
69-32	(1) The department of mental health, retardation and hospitals shall establish and
69-33	administer a fund in the amount of one hundred fifty thousand dollars ($150,000) for municipal
69-34	substance abuse prevention task forces. This fund shall be used for a competitive grant program
70-1	for municipal substance abuse prevention task forces. Each grant awarded shall be for one year.
70-2	(2) The department of mental health, retardation, and hospitals shall establish guidelines
70-3	and criteria for the acceptance of grant applications and the disbursement of grants.
70-4	(3) The purposes of the municipal substance abuse prevention task force grant program
70-5	are:
70-6	(i) to identify gaps in services along the continuum of care; including community
70-7	awareness, education, primary prevention, intervention and referral, and aftercare
70-8	(ii) to develop an annual action plan to fill gaps in services and submit the plan to the
70-9	department of mental health, retardation, and hospitals
70-10	(iii) conduct fundraising activities to fill gaps identified in the annual action plan.
70-11	(4) Awards made under this section shall not be used to provide direct services to clients.
70-12	(5) The department of mental health, retardation, and hospitals shall adopt rules and
70-13	regulations necessary and appropriate to carry out the purposes of this section.
70-14	SECTION 2. Sections 16-21.2-3, 16-21.2-6, 16-21.2-7, 16-21.2-8, 16-21.2-9, and 16-
70-15	21.2-11 of the General Laws in Chapter 16-21.2 entitled “The Rhode Island Substance Abuse
70-16	Prevention Act” are hereby repealed.
70-17	~~16-21.2-3. Authority of municipal governments. – (a) All municipal governments or~~
70-18	~~their designated agents shall have the power to establish, operate, conduct, and/or make provision~~
70-19	~~for programs to provide a comprehensive substance abuse prevention program.~~
70-20	~~(b) The appropriate municipal authority shall adopt rules and regulations governing the~~
70-21	~~substance abuse prevention program including an application and contracting procedure by which~~
70-22	~~qualified groups may apply to operate a substance abuse prevention program.~~
70-23	~~(c) Substance abuse prevention programs shall comply with all applicable provisions of~~
70-24	~~the general laws with all applicable state rules and regulations.~~
70-25	~~16-21.2-6 Timetable for grant applications and disbursement. – The department of~~
70-26	~~mental health, retardation, and hospitals shall establish guidelines and criteria for the acceptance~~
70-27	~~of grant applications and the disbursement of grants.~~
70-28	~~16-21.2-7 Use of funds restricted to substance abuse prevention. – All funds awarded to~~
70-29	~~municipal governments under the provisions of this chapter shall be held in a separate account~~
70-30	~~and not placed in the municipal government's general fund and shall only be used in furtherance~~
70-31	~~of this chapter.~~
70-32	~~16-21.2-8 The duties of the director of the department of mental health, retardation, and~~
70-33	~~hospitals. – The director of the department of mental health, retardation, and hospitals or his or~~
70-34	~~her designated agent shall make an annual report by September 1 of each year to the governor and~~
71-1	~~the general assembly on the administration of the program.~~
71-2	~~16-21.2-9 Permanent legislative oversight commission on substance abuse prevention. –~~
71-3	~~There is established a permanent legislative oversight commission on substance abuse prevention~~
71-4	~~whose purpose it shall be to oversee the implementation and administration of the Rhode Island~~
71-5	~~Substance Abuse Prevention Act and to advise and make recommendations to the general~~
71-6	~~assembly as to the adequacy and efficiency of all statutes, rules, regulations, guidelines, practices,~~
71-7	~~and programs relating to substance abuse prevention. The commission shall consist of twelve (12)~~
71-8	~~members: five (5) members shall be appointed by the speaker of the house of representatives~~
71-9	~~from among the members of the house of representatives, not more than four (4) of whom shall~~
71-10	~~be from the same political party; three (3) members shall be appointed by the president of the~~
71-11	~~senate from among the members of the senate, not more than two (2) of whom shall be from the~~
71-12	~~same political party; and one member (ex officio) shall be the director of the department of~~
71-13	~~mental health, retardation, and hospitals and one member (ex officio) shall be the director of the~~
71-14	~~department of health or designee; and a Rhode Island Substance Abuse Prevention Act task force~~
71-15	~~member to be appointed by the chairperson of the commission; and a public member appointed~~
71-16	~~by the chairperson of the commission. The chairperson of the commission shall be appointed by~~
71-17	~~the speaker of the house of representatives. Members of the commission shall serve without~~
71-18	~~compensation, except that they shall be allowed their actual and necessary expenses incurred in~~
71-19	~~the performance of their duties under this section. The commission may request and shall receive~~
71-20	~~from any instrumentality of the state, including the division of substance abuse of the department~~
71-21	~~of mental health, retardation, and hospitals and from any municipality or any instrumentality of a~~
71-22	~~municipality, any information and assistance that it deems necessary for the proper execution of~~
71-23	~~its powers and duties under this section. The commission shall meet at least quarterly and shall~~
71-24	~~report at least annually to the general assembly on its findings and recommendations with respect~~
71-25	~~to:~~
71-26	~~(1) All existing substance abuse prevention programs;~~
71-27	~~(2) All rules, regulations, and guidelines promulgated pursuant to the Rhode Island~~
71-28	~~Substance Abuse Prevention Act;~~
71-29	~~(3) Administration of the Rhode Island Substance Abuse Prevention Act; and~~
71-30	~~(4) Any other matters relating to substance abuse prevention efforts in the state.~~
71-31	~~16-21.2-11 Devices prohibited. –(a) Any student enrolled in any secondary or~~
71-32	~~elementary school shall be prohibited from carrying, possessing or using a paging device of any~~
71-33	~~kind or a laser pointer of any kind on school property, except with the written consent of the~~
71-34	~~principal of the school in which the student is enrolled.~~
72-1	~~(b) The penalty for violation of this section shall be the confiscation of the device.~~
72-2	SECTION 3. This article shall take effect as of July 1, 2008.
72-3	ARTICLE 11
72-4	RELATING TO HEALTH PROFESSIONS – LICENSED
72-5	CHEMICAL DEPENDENCY PROFESSIONALS
72-6	SECTION 1. Sections 5-69-2, 5-69-3, 5-69-4, 5-69-5, 5-69-6, 5-69-7, 5-69-8, 5-69-9, 5-
72-7	69-11, 5-69-13 and 5-69-14 of the General Laws in Chapter 5-69 entitled “Rhode Island
72-8	Chemical Dependency Professionals Act” are hereby amended to read as follows:
72-9	5-69-2. Definitions. – As used in this chapter:
72-10	(1) “ACDP” means an advanced chemical dependency professional certification as per
72-11	the Rhode Island Board for certification of chemical dependency professionals requirements.
72-12	(2) “ACDP II” means an advanced chemical dependency professional II certification as
72-13	per the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse.
72-14	“ICRC/AODA”.
72-15	~~(2)~~(3)“Advertise” includes, but is not limited to, the issuing or causing to be distributed
72-16	and card, sign, or device to any person; or the causing, permitting, or allowing any sign or
72-17	marking on or in any building or structure, or in any newspaper or magazine or in any directory,
72-18	or on radio, television, or by the use of any other means designed to secure public attention.
72-19	~~(3)~~(4)“Approved continuing education” means research and training programs, colleges
72-20	and university courses, in-service training programs, seminars and conferences designed to
72-21	maintain and enhance the skills of substance abuse counselors or clinical supervisors and which
72-22	are recognized by the ~~Certification Board.~~ ICRC/AODA member board.
72-23	~~(4)~~(5)“CDCS” means Chemical Dependency Clinical Supervisor.
72-24	~~(5) “Certification Board” means the current Rhode Island Board of certification of~~
72-25	~~chemical dependency professionals.~~
72-26	(6) “Clergy” includes any minister, priest, rabbi, Christian Science practitioner, or any
72-27	other similar religious counselor.
72-28	(7) “Continuum of care network” means public and private substance abuse care agencies
72-29	such as detoxification centers, emergency rooms, hospitals, treatment centers, ~~TASC,~~ outpatient
72-30	and day treatment clinics, and community residences for substance abusers. This service employs
72-31	or refers to medical, psychological, health, and counseling professions that treat substance and
72-32	related concerns.
72-33	(8) “Department” means the Rhode Island department of ~~mental health, retardation, and~~
72-34	~~hospitals~~ health.
73-1	(9) “Director” means the director of the Rhode Island department of ~~mental health,~~
73-2	~~retardation and hospitals~~ health.
73-3	(10) “Documented professional work experience” means ~~a certification~~ the ICRC/AODA
73-4	member board approved form completed by employer or approved supervisor verifying dates of
73-5	employment and responsibilities.
73-6	(11) “Experience” means six thousand (6,000) hours of supervised practice of chemical
73-7	dependency counseling in a ~~division of substance abuse services or~~ department of mental health,
73-8	retardation, and hospitals licensed or ~~certification~~ ICRC/AODA member board approved facility
73-9	during a sixty (60) month period of time immediately preceding the date of application for
73-10	licensure.
73-11	(12) “ICRC/AODA” means International Certification and Reciprocity
73-12	Consortium/Alcohol and Other Drug Abuse.
73-13	~~(12)~~(13) “Licensed Chemical Dependency Clinical Supervisor” means an individual
73-14	licensed by the ~~licensing board~~ department of health to practice and supervise substance abuse
73-15	counseling and who meets the qualification established in this section.
73-16	~~(13)~~(14) “Licensed chemical dependency professional” means an individual licensed by
73-17	the department of health ~~licensing board~~ to practice substance abuse counseling and who meets
73-18	the qualifications established in this section
73-19	~~(14)~~(15) “Licensing Board” or “Board” means the board of licensing for chemical
73-20	dependency professionals.
73-21	(16) “Member Board” means the Rhode Island Board for Certification of Chemical
73-22	Dependency Professionals.
73-23	~~(15)~~(17) “Practice of substance abuse counseling” means rendering or offering to render
73-24	professional service for any fee, monetary or otherwise, documented to individuals, families or
73-25	groups. Those professional services include the application of the ICRC/AODA specific
73-26	knowledge, skills, counseling theory, and application of techniques to define goals and develop a
73-27	treatment plan of action aimed toward the prevention, education, or treatment in the recovery
73-28	process of substance abuse within the continuum of care service network. The practice further
73-29	includes, but is not limited to, networking and making referrals to medical, social services,
73-30	psychological, psychiatric, and/or legal resources when indicated.
73-31	~~(16)~~(18) “Recognized Education Institution” means any educational institution, which
73-32	grants an associate, bachelors, masters, or doctoral degree and which is recognized by the board,
73-33	or by a nationally or regionally recognized educational or professional accrediting organization.
73-34	~~(17)~~(19) “Substance abuse” means addictive (chronic and habitual) consumption,
74-1	injection, inhalation, or psychological, physical, social, economical, and/or spiritual functioning.
74-2	~~(18)~~(20) “Supervision” means no less than one hour per week and consists of individual
74-3	or group supervision with a clinician licensed or certified in substance abuse counseling with
74-4	education, supervisory experience and ethics approved by the ~~Board~~ ICRC/AODA member.
74-5	5-69-3. Title and practice regulation.-- (a) Any individual licensed under this chapter
74-6	may use the title “licensed chemical dependency professional” and the abbreviation “LCDP” or
74-7	the title “licensed chemical dependency clinical supervisor” and the abbreviation “LCDCS”
74-8	provided that the title and abbreviation shall correspond to the license held pursuant to this
74-9	chapter.
74-10	(b) No Individual shall represent herself or himself as a “licensed chemical dependency
74-11	professional”, “LCDP” “licensed chemical dependency clinical supervisor”, “LCDCS” unless she
74-12	or he is licensed as a “licensed chemical dependency professional” or “licensed chemical
74-13	dependency clinical supervisor” pursuant to this chapter and provided that the title and
74-14	abbreviation shall correspond to the licensed help pursuant to this chapter.
74-15	(c) Those ~~currently hold in~~ presently holding the title “advanced chemical dependency
74-16	professional”, advanced chemical dependency professional II and/or “licensed chemical
74-17	dependency clinical supervisor” shall qualify for licensure as a “licensed chemical dependency
74-18	professional” and/or “licensed chemical dependency clinical supervisor”. These applications
74-19	must be received within ninety (90) days of the effective date of this chapter. The regular
74-20	licensing fee of fifty dollars ($50.00) shall apply.
74-21	5-69-4. Licensed chemical dependency professional/licensed chemical dependency
74-22	supervisor privilege exemptions. – (a) No license under this chapter or an employee of a
74-23	licensee may disclose any information acquired from clients or persons consulting with the
74-24	licensee to render professional services except under provisions of the federal regulation 42 CFR
74-25	part 2.
74-26	(b) The provisions of this chapter do not apply to the following individuals:
74-27	(1) Qualified members of other professions or occupations engaging in practices similar
74-28	in nature to chemical dependency counseling; provided, that they are authorized by the laws of
74-29	this state to engage in these practices, do not represent themselves as “licensed chemical
74-30	dependency professionals” or “licensed chemical dependency clinical supervisor”;
74-31	(2) Students/counselors engaged in entry level internships in a department of mental
74-32	health, retardation and hospitals licensed or an ICRC/AODA member ~~certification~~ board
74-33	approved facility; provided that the student/counselor are practicing as part of supervised work or
74-34	course of study and designated by the titles as “counselor intern,” “counselor,” or “chemical
75-1	dependency professional student” or others clearly indicating training status;
75-2	(3) Nothing in this section shall be construed to prevent members of the clergy, peer
75-3	group, or self-help groups from performing peer counseling or self-help activities which may be,
75-4	wholly or in part, included as a defined professional service as cited in 5-69-2; provided, that no
75-5	members of peer group or self-help groups may use a title stating or implying that they are a
75-6	licensed chemical dependency professional or a licensed chemical dependency clinical supervisor
75-7	unless licensed under the provisions of this chapter
75-8	5-69-5. Agency Powers. - The department shall promulgate rules and regulations that
75-9	are reasonably necessary for the administration of this chapter and to further its purpose. The
75-10	department shall, on recommendation of the licensing board of ~~chemical dependency~~
75-11	~~professionals~~, issue licenses to those qualified under this chapter. The director of the department
75-12	of health may issue additional levels of licensing that may be developed, approved, or adopted by
75-13	both the licensing board and the ICRC/AODA member board.
75-14	5-69-6. Licensing board. – (a) Within the department there shall be established a board
75-15	of licensing for chemical dependency professionals. The governor shall appoint a licensing board
75-16	consisting of ~~nine (9)~~ seven (7) members.
75-17	(b) Of the ~~nine (9)~~ seven (7) licensing board members, ~~six~~ three shall be licensed under
75-18	this chapter, ~~except that the members constituting the first licensing board shall be persons~~
75-19	~~eligible for licensing~~;
75-20	(2) Licensing board members shall be:
75-21	(i) ~~Three (3) members selected from and representing the general public. At least one~~
75-22	~~member shall be a consumer of substance abuse counseling services, and one shall be from a~~
75-23	~~minority group as defined by the federal Department of Health, Education, and Welfare.~~ Two (2)
75-24	members appointed by the governor shall be representatives of groups that reflect demographics
75-25	of person(s) served;
75-26	(ii) ~~Four (4)~~ Three (3) members shall represent the licensed professionals appointed by
75-27	the director of health :. ~~two (2) shall be licensed chemical dependency professionals and two (2)~~
75-28	~~members shall be licensed chemical dependency clinical supervisors.~~
75-29	(iii) One ~~licensed~~ member shall be ~~a voting member of~~ an active member or administrator
75-30	of the Rhode Island ~~Association of Alcohol and Drug Abuse Counselors.~~ board for certification
75-31	of chemical dependency professionals appointed by the director of health;
75-32	(iv) ~~One licensed member shall be an active member of the Drug and Alcohol Treatment~~
75-33	~~Association of Rhode Island~~ One member shall be a consumer advocate from an established
75-34	substance abuse recovery consumer advocacy group appointed by the director of health.
76-1	(3) Licensing board members shall serve without compensation.
76-2	(4) Each licensing board member shall take and subscribe to the oath of affirmation
76-3	prescribed by law and shall file this oath in the office of the secretary of state.
76-4	(5) The term of office shall be three (3) years, except that of the members of the first
76-5	licensing board. Three (3) shall be appointed for a term of one year, three (3) for a term of two (2)
76-6	years, three (3) for a term of three (3) years. At least one member representing the general public,
76-7	and one member representing a minority group, as defined by the federal Department of Health,
76-8	Education, and Welfare, shall be appointed for the initial term of three (3) full years. Successors
76-9	to these licensing board positions shall be appointed for a term of three (3) years each, except that
76-10	any person appointed to fill a vacancy shall be for the unexpired term of office. Upon expiration
76-11	of the term of office, a member shall continue to serve until a successor is appointed and
76-12	qualified. No person shall be appointed for more than two (2) consecutive three (3) year terms.
76-13	(6) The governor may remove any member of the licensing board for neglect of duty,
76-14	malfeasance, conviction of a felony or a crime of moral turpitude while in office or for lack of
76-15	attendance/participation in board meetings. No licensing board member shall participate in any
76-16	matter before the licensing board in which pecuniary interest, personal bias, or other similar
76-17	conflicts of interests is established.
76-18	5-69-7. Powers and duties of the licensing board.— (a) The organization, meeting, and
76-19	management of the licensing board shall be established by regulations promulgated by the
76-20	department of ~~mental health, retardation and hospitals~~ health.
76-21	(b) In addition to duties set forth in this chapter, the licensing board shall:
76-22	(1) Examine and pass on the qualifications of all applicants identified by the
76-23	ICRC/AODA member board that all standards have been successfully completed for licensure
76-24	under this chapter, and recommend to the director that a license shall be issues to each qualified
76-25	successful applicant, attesting to the applicant’s professional qualification to practice as a
76-26	“licensed chemical dependency professional” or a “licensed chemical dependency clinical
76-27	supervisor”;
76-28	(2) Recommend that the director of adopt rules and regulations that set ICRC/AODA
76-29	professional practice standards for licensed chemical dependency professionals and licensed
76-30	chemical dependency clinical supervisors;
76-31	(3) Recommend modifications or amendments deemed necessary to effectuate its
76-32	purpose;
76-33	(4) Be responsible for making recommendations to the director concerning all
76-34	disciplinary functions carried out regarding all license under this chapter;
77-1	(5) Have any other powers required to carry out the provision of this chapter.
77-2	5-69-8. Licenses. - (a) The Department shall issue the appropriate license to applicants
77-3	who meet the qualifications of the license as specified:
77-4	(1)“Licensed chemical dependency professional”. Any individual desiring to obtain a
77-5	license as a licensed chemical dependency professional shall be currently certified as an advanced
77-6	chemical dependency professional or advanced chemical dependency professional II in accord
77-7	with the ~~Rhode Island certification board for chemical dependency professionals specified~~
77-8	~~requirements~~ ICRC/AODA member board standards, as a prerequisite for submitting the
77-9	application to the licensing board.
77-10	(2)“Licensed chemical dependency clinical supervisor”. Any individual desiring to
77-11	obtain a license as a licensed chemical dependency clinical supervisor shall be currently certified
77-12	as an advanced chemical dependency professional or advanced chemical dependency professional
77-13	II, shall have completed the ~~current Rhode Island certification board requirements~~ ICRC/AODA
77-14	member board standards for chemical dependency clinical supervisor, and shall submit an
77-15	application to the licensing board.
77-16	(3) Other. An applicant having a comparable license, certification, or reciprocity within
77-17	Rhode Island or from another state or territory of the United States that imposes qualifications
77-18	substantially similar to those of this chapter, as determined by the licensing board.
77-19	(b) In addition to the qualifications listed in this section, an applicant for any of these
77-20	titles must prove to the licensing board’s satisfaction:
77-21	(1) Good moral character that is a continuing requirement for licensure;
77-22	(2) United States citizenship or status as a legal resident alien;
77-23	(3) Absence of a sanction from the National Association of Alcohol and Drug Abuse
77-24	Counselors, or ~~Rhode Island board for certification of chemical dependency professionals~~
77-25	ICRC/AODA member board sanction for violation of the code of ethics, or other related state
77-26	board which will be waived by the board upon presentation of satisfactory evidence that the
77-27	sanction does not impair the ability of the person to conduct with safety to the public the practice
77-28	authorized by this license. The applicant shall bear the burden of proving that his or her sanction
77-29	does not impair his or her ability to conduct with safety to the public the practice authorized by
77-30	this license;
77-31	(4) Absence of conviction of a felony, which shall be waived by the board upon
77-32	presentation of satisfactory evidence that the conviction does not impair the ability of the person
77-33	to conduct with safety to the public the practice authorized by this license. The applicant shall
77-34	bear the burden of proving that his or her conviction does not impair his or her ability to conduct
78-1	with safety to the public the practice authorized by this license;
78-2	(5) That the applicant has not been declared mentally incompetent by any court, and if
78-3	decree has ever been rendered, that there has been a subsequent court determination that the
78-4	applicant is competent; and
78-5	(6) Freedom from use of any controlled substance or any alcoholic beverage to the extent
78-6	that the use impairs the ability of the person to conduct with safety to the public the practice
78-7	authorized by this license. The applicant shall bear the burden of proving that he or she is free
78-8	from use of any controlled substance or any alcoholic beverages that impair his or her ability to
78-9	conduct with safety to the public the practice authorized by this license.
78-10	5-69-9. Fees and renewal. -- The non-refundable application fee for licensure shall be
78-11	fifty dollars ($50.00). Licenses shall be renewed every two (2) years on October first of even
78-12	numbered years upon payment of a fee of fifty ($50.00) dollars, ~~and~~ compliance with
78-13	ICRC/AODA member board requirements, and compliance with any additional requirements that
78-14	the licensing board may promulgate. The requirements may include the establishment of
78-15	standards for continuing education.
78-16	5-69-10. Complaints. --All complaints concerning a licensee’s business or professional
78-17	practice shall be received by the department of ~~mental health, retardation and hospitals~~ health.
78-18	Each complaint received shall be logged, recording at a minimum the following information:
78-19	(1) Licensee’s name;
78-20	(2) Name of the complaining party;
78-21	(3) Date of complaint;
78-22	(4) Brief statement of complaint; and
78-23	(5) Disposition.
78-24	5-69-11. Disciplinary sanctions.—(a) The Licensing board may recommend that the
78-25	director impose any of the following sanctions, singly or in combination, when it finds that a
78-26	licensee is guilty of any offenses described in this section:
78-27	(1) Revocation of the license;
78-28	(2) Suspension of the license for any period of time;
78-29	(3) Censure of the licensee;
78-30	(4) Issue a letter of reprimand;
78-31	(5) Place a licensee on probation status and require the licensee to submit to any of the
78-32	following:
78-33	(i) Report regularly to the licensing board upon matters that are he basis of probation;
78-34	(ii) Continue to renew professional education until a satisfactory degree of skill has been
79-1	attached in those areas that are the basis of probation;
79-2	(iii) Attend employee assistance counseling services.
79-3	(6) Refuse to renew a license;
79-4	(7) Revoke probation which was granted and impose any other discipline provided in this
79-5	section when the requirements of probation are not fulfilled or have been violated.
79-6	(b) The director may reinstate any licensee to good standing under this chapter, if after a
79-7	hearing the department of ~~mental health, retardation and hospitals~~ health is satisfied that the
79-8	applicant’s renewed practice is in the public interest.
79-9	(c) Upon the suspension or revocation of a license issued under this chapter, a licensee
79-10	shall be required to surrender the license to the director and upon failure to do so, the director
79-11	shall have the right to seize the license.
79-12	(d) The director may make available annually a list of names and addresses of all
79-13	licensees under the provisions of this chapter, and of all persons who have been disciplined within
79-14	the preceding twelve (12) months.
79-15	(e) Any persons convicted of violating the provisions of this chapter shall be guilty of a
79-16	misdemeanor, punishable by a fine of not more than five hundred dollars($500), imprisonment
79-17	for not more than one year, or both.
79-18	5-69-14. Restricted receipt account. -- Any fees collected under the provision of this
79-19	chapter shall be deposited in a restricted receipt account for the general purposes of the
79-20	administration of the ~~division of substance abuse services~~, department of ~~mental health,~~
79-21	~~retardation and hospitals~~ health.
79-22	SECTION 2. This article shall take effect as of July 1, 2008.
79-23	ARTICLE 12
79-24	RELATING TO TREATMENT ALTERNATIVES TO
79-25	STREET CRIME PROGRAM
79-26	SECTION 1. Section 5-69-2 of the General Laws in Chapter 5-69 entitled “License
79-27	Procedure for Chemical Dependency Professionals” is hereby amended to read as follows:
79-28	5-69-2. Definitions. – As used in this chapter:
79-29	(1) "ACDP" means an advanced chemical dependency professional certification as per
79-30	the Rhode Island board for certification of chemical dependency professionals requirements.
79-31	(2) "Advertise" includes, but is not limited to, the issuing or causing to be distributed any
79-32	card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on
79-33	or in any building or structure, or in any newspaper or magazine or in any directory, or on radio
79-34	or television, or by the use of any other means designed to secure public attention.
80-1	(3) "Approved continuing education" means research and training programs, college and
80-2	university courses, in-service training programs, seminars and conferences designed to maintain
80-3	and enhance the skills of substance abuse counselors or clinical supervisors and which are
80-4	recognized by the certification board.
80-5	(4) "CDCS" means chemical dependency clinical supervisor as per the Rhode Island
80-6	board for certification of chemical dependency professionals requirements.
80-7	(5) "Certification board" means the current Rhode Island board of certification of
80-8	chemical dependency professionals.
80-9	(6) "Clergy" includes any minister, priest, rabbi, Christian Science practitioner, or any
80-10	other similar religious counselor.
80-11	(7) "Continuum of care network" means public and private substance abuse care agencies
80-12	such as detoxification centers, emergency rooms, hospitals, treatment centers, ~~TASC,~~ outpatient
80-13	and day treatment clinics, and community residences for substance abusers. The services employ
80-14	or refer to medical, psychological, health, and counseling professions that treat substance abuse
80-15	and related concerns.
80-16	(8) "Department" means the Rhode Island department of mental health, retardation, and
80-17	hospitals.
80-18	(9) "Director" means the director of the Rhode Island department of mental health,
80-19	retardation, and hospitals.
80-20	(10) "Documented professional work experience" means a certification board approved
80-21	form completed by employer or approved supervisor verifying dates of employment and
80-22	responsibilities.
80-23	(11) "Experience" means six thousand (6,000) hours of supervised practice of chemical
80-24	dependency counseling in a division of substance abuse services or department of mental health,
80-25	retardation, and hospitals licensed or certification board approved facility during a sixty (60)
80-26	month period of time immediately preceding the date of application for licensure.
80-27	(12) "Licensed chemical dependency clinical supervisor" means an individual licensed by
80-28	the licensing board to practice and supervise substance abuse counseling and who meets the
80-29	qualification established in this section.
80-30	(13) "Licensed chemical dependency professional" means an individual licensed by the
80-31	licensing board to practice substance abuse counseling and who meets the qualifications
80-32	established in this section.
80-33	(14) "Licensing board" or "board" means the board of licensing for chemical dependency
80-34	professionals.
81-1	(15) "Practice of substance abuse counseling" means rendering or offering to render
81-2	professional service for any fee, monetary or otherwise, documented to individuals, families or
81-3	groups. Those professional services include the application of the specific knowledge, skills,
81-4	counseling theory, and application of techniques to define goals and develop a treatment plan of
81-5	action aimed toward the prevention, education, or treatment in the recovery process of substance
81-6	abuse within the continuum of care service network. The practice further includes, but is not
81-7	limited to, networking and making referrals to medical, social services, psychological,
81-8	psychiatric, and/or legal resources when indicated.
81-9	(16) "Recognized education institution" means any educational institution, which grants
81-10	an associate, bachelor, masters, or doctoral degree and which is recognized by the board, or by a
81-11	nationally or regionally recognized educational or professional accrediting organization.
81-12	(17) "Substance abuse" means addictive (chronic or habitual) consumption, injection,
81-13	inhalation, or behavior of/with substance (such as alcohol and drugs), progressively injuring and
81-14	afflicting the user's psychological, physical, social, economical, and/or spiritual functioning.
81-15	(18) "Supervision" means no less than one hour per week and consists of individual or
81-16	group supervision with a clinician licensed or certified in substance abuse counseling with
81-17	education, supervisory experience, and ethics approved by the board.
81-18	SECTION 2. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled
81-19	“Uniform Controlled Substances Act” is hereby amended to read as follows:
81-20	21-28-4.01. Prohibited acts A – Penalties. – (a) Except as authorized by this chapter, it
81-21	shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or
81-22	deliver a controlled substance.
81-23	(2) Any person who is not a drug addicted person, as defined in § 21-28-1.02(18), who
81-24	violates this subsection with respect to a controlled substance classified in schedule I or II, except
81-25	the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned
81-26	to a term up to life, or fined not more than five hundred thousand dollars ($500,000) nor less than
81-27	ten thousand dollars ($10,000), or both.
81-28	(3) Where the deliverance as prohibited in this subsection shall be the proximate cause of
81-29	death to the person to whom the controlled substance is delivered, it shall not be a defense that
81-30	the person delivering the substance was at the time of delivery, a drug addicted person as defined
81-31	in § 21-28-1.02(18).
81-32	(4) Any person, except as provided for in subdivision (2) of this subsection, who violates
81-33	this subsection with respect to:
81-34	(i) A controlled substance classified in schedule I or II, is guilty of a crime and upon
82-1	conviction may be imprisoned for not more than thirty (30) years, or fined not more than one
82-2	hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;
82-3	(ii) A controlled substance classified in schedule III or IV, is guilty of a crime and upon
82-4	conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty
82-5	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in
82-6	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not
82-7	more than twenty thousand dollars ($20,000), or both.
82-8	(iii) A controlled substance classified in schedule V, is guilty of a crime and upon
82-9	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
82-10	dollars ($10,000), or both.
82-11	(b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or
82-12	possess with intent to deliver, a counterfeit substance.
82-13	(2) Any person who violates this subsection with respect to:
82-14	(i) A counterfeit substance classified in schedule I or II, is guilty of a crime and upon
82-15	conviction may be imprisoned for not more than thirty (30) years, or fined not more than one
82-16	hundred thousand dollars ($100,000), or both;
82-17	(ii) A counterfeit substance classified in schedule III or IV, is guilty of a crime and upon
82-18	conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty
82-19	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in
82-20	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not
82-21	more than twenty thousand dollars ($20,000) or both.
82-22	(iii) A counterfeit substance classified in schedule V, is guilty of a crime and upon
82-23	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
82-24	dollars ($10,000), or both.
82-25	(c) It shall be unlawful for any person knowingly or intentionally to possess a controlled
82-26	substance, unless the substance was obtained directly from or pursuant to a valid prescription or
82-27	order of a practitioner while acting in the course of his or her professional practice, or except as
82-28	otherwise authorized by this chapter.
82-29	(2) Any person who violates this subsection with respect to:
82-30	(i) A controlled substance classified in schedules I, II and III, IV, and V, except the
82-31	substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for
82-32	not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five
82-33	thousand dollars ($5,000), or both;
82-34	(ii) A controlled substance classified in schedule I as marijuana is guilty of a
83-1	misdemeanor and upon conviction may be imprisoned for not more than one year or fined not less
83-2	than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.
83-3	(3) Additionally every person convicted or who pleads nolo contendere under paragraph
83-4	(2)(i) of this subsection or convicted or who pleads nolo contendere a second or subsequent time
83-5	under paragraph (2)(ii) of this subsection, who is not sentenced to a term of imprisonment to
83-6	serve for the offense, shall be required to:
83-7	(i) Perform no less than one hundred (100) hours of community service;
83-8	~~(ii) Be referred to Treatment Alternatives to Street Crime (TASC) to determine the~~
83-9	~~existence of problems of drug abuse. Should TASC determine the person needs treatment, it will~~
83-10	~~arrange for the treatment to be provided and after completion of the treatment, the person shall~~
83-11	~~perform his or her required community service and attend the drug education program;~~
83-12	(iii) Attend and complete a drug counseling and education program as prescribed by the
83-13	director of the department of health and pay the sum of four hundred dollars ($400) to help defray
83-14	the costs of this program which shall be deposited as general revenues. Failure to attend may
83-15	result after hearing by the court in jail sentence up to one year;
83-16	(iv) The court shall not suspend any part or all of the imposition of the fee required by
83-17	this subsection, unless the court finds an inability to pay;
83-18	(v) If the offense involves the use of any automobile to transport the substance or the
83-19	substance is found within an automobile, then a person convicted or who pleads nolo contendere
83-20	under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period
83-21	of six (6) months for a first offense and one year for each offense after this.
83-22	(4) All fees assessed and collected pursuant to paragraph (3)(iii) of this subsection shall
83-23	be deposited as general revenues and shall be collected from the person convicted or who pleads
83-24	nolo contendere before any other fines authorized by this chapter.
83-25	(d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to
83-26	manufacture or distribute, an imitation controlled substance. Any person who violates this
83-27	subsection is guilty of a crime, and upon conviction shall be subject to the same term of
83-28	imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the
83-29	controlled substance which the particular imitation controlled substance forming the basis of the
83-30	prosecution was designed to resemble and/or represented to be; but in no case shall the
83-31	imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars
83-32	($20,000).
83-33	(e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an
83-34	anabolic steroid or human growth hormone for: (1) enhancing performance in an exercise, sport,
84-1	or game, or (2) hormonal manipulation intended to increase muscle mass, strength, or weight
84-2	without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor
84-3	and upon conviction may be imprisoned for not more than six (6) months or a fine of not more
84-4	than one thousand dollars ($1,000), or both.
84-5	SECTION 3. Section 31-27-2 of the General Laws in Chapter 31-27 entitled “Motor
84-6	Vehicle Offenses” is hereby amended to read as follows:
84-7	31-27-2. Driving under influence of liquor or drugs. – (a) Whoever drives or
84-8	otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,
84-9	drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any
84-10	combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3)
84-11	and shall be punished as provided in subsection (d) of this section.
84-12	(b) Any person charged under subsection (a) of this section whose blood alcohol
84-13	concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a
84-14	chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of
84-15	this section. This provision shall not preclude a conviction based on other admissible evidence.
84-16	Proof of guilt under this section may also be based on evidence that the person charged was under
84-17	the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter
84-18	28 of title 21, or any combination of these, to a degree which rendered the person incapable of
84-19	safely operating a vehicle. The fact that any person charged with violating this section is or has
84-20	been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of
84-21	violating this section.
84-22	(2) Whoever drives or otherwise operates any vehicle in the state with a blood presence
84-23	of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by
84-24	analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as
84-25	provided in subsection (d) of this section.
84-26	(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence
84-27	as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter
84-28	28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown
84-29	by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be
84-30	admissible and competent, provided that evidence is presented that the following conditions have
84-31	been complied with:
84-32	(1) The defendant has consented to the taking of the test upon which the analysis is made.
84-33	Evidence that the defendant had refused to submit to the test shall not be admissible unless the
84-34	defendant elects to testify.
85-1	(2) A true copy of the report of the test result was mailed within seventy-two (72) hours
85-2	of the taking of the test to the person submitting to a breath test.
85-3	(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall
85-4	have a true copy of the report of the test result mailed to him or her within thirty (30) days
85-5	following the taking of the test.
85-6	(4) The test was performed according to methods and with equipment approved by the
85-7	director of the department of health of the state of Rhode Island and by an authorized individual.
85-8	(5) Equipment used for the conduct of the tests by means of breath analysis had been
85-9	tested for accuracy within thirty (30) days preceding the test by personnel qualified as
85-10	hereinbefore provided, and breathalyzer operators shall be qualified and certified by the
85-11	department of health within three hundred sixty-five (365) days of the test.
85-12	(6) The person arrested and charged with operating a motor vehicle while under the
85-13	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
85-14	title 21, or, any combination of these in violation of subsection (a) of this section was afforded the
85-15	opportunity to have an additional chemical test. The officer arresting or so charging the person
85-16	shall have informed the person of this right and afforded him or her a reasonable opportunity to
85-17	exercise this right, and a notation to this effect is made in the official records of the case in the
85-18	police department. Refusal to permit an additional chemical test shall render incompetent and
85-19	inadmissible in evidence the original report.
85-20	(d) Every person found to have violated subdivision (b)(1) of this section shall be
85-21	sentenced as follows: for a first violation whose blood alcohol concentration is eight one-
85-22	hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who
85-23	has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall
85-24	be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred
85-25	dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community
85-26	restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit
85-27	of the adult correctional institutions in the discretion of the sentencing judge and/or shall be
85-28	required to attend a special course on driving while intoxicated or under the influence of a
85-29	controlled substance, and his or her driver's license shall be suspended for thirty (30) days up to
85-30	one hundred eighty (180) days.
85-31	(ii) Every person convicted of a first violation whose blood alcohol concentration is one-
85-32	tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent
85-33	(.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than
85-34	one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to
86-1	perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned
86-2	for up to one year. The sentence may be served in any unit of the adult correctional institutions in
86-3	the discretion of the sentencing judge. The person's driving license shall be suspended for a
86-4	period of three (3) months to twelve (12) months. The sentencing judge shall require attendance
86-5	at a special course on driving while intoxicated or under the influence of a controlled substance
86-6	and/or alcoholic or drug treatment for the individual.
86-7	(iii) Every person convicted of a first offense whose blood alcohol concentration is
86-8	fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,
86-9	toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of
86-10	five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of
86-11	public community restitution and/or shall be imprisoned for up to one year. The sentence may be
86-12	served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
86-13	The person's driving license shall be suspended for a period of three (3) months to eighteen (18)
86-14	months. The sentencing judge shall require attendance at a special course on driving while
86-15	intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for
86-16	the individual.
86-17	(2) Every person convicted of a second violation within a five (5) year period with a
86-18	blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than
86-19	fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or
86-20	who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every
86-21	person convicted of a second violation within a five (5) year period regardless of whether the
86-22	prior violation and subsequent conviction was a violation and subsequent conviction under this
86-23	statute or under the driving under the influence of liquor or drugs statute of any other state, shall
86-24	be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall
86-25	be suspended for a period of one year to two (2) years, and the individual shall be sentenced to
86-26	not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit
86-27	of the adult correctional institutions in the discretion of the sentencing judge; however, not less
86-28	than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge
86-29	shall require alcohol or drug treatment for the individual, and may prohibit that person from
86-30	operating a motor vehicle that is not equipped with an ignition interlock system for a period of
86-31	one year to two (2) years following the completion of the sentence as provided in § 31-27-2.8.
86-32	(ii) Every person convicted of a second violation within a five (5) year period whose
86-33	blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight as
86-34	shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of
87-1	a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to
87-2	mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine
87-3	of not less than one thousand dollars ($1,000) and a mandatory license suspension for a period of
87-4	two (2) years from the date of completion of the sentence imposed under this subsection.
87-5	(3) Every person convicted of a third or subsequent violation within a five (5) year period
87-6	with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but
87-7	less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is
87-8	unknown or who has a blood presence of any scheduled controlled substance as defined in
87-9	subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a
87-10	violation and subsequent conviction under this statute or under the driving under the influence of
87-11	liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory
87-12	fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period
87-13	of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year
87-14	and not more than three (3) years in jail. The sentence may be served in any unit of the adult
87-15	correctional institutions in the discretion of the sentencing judge; however, not less than forty-
87-16	eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall
87-17	require alcohol or drug treatment for the individual, and may prohibit that person from operating
87-18	a motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years
87-19	following the completion of the sentence as provided in § 31-27-2.8.
87-20	(ii) Every person convicted of a third or subsequent violation within a five (5) year period
87-21	whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight
87-22	as shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence
87-23	of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be subject to
87-24	mandatory imprisonment of not less than three (3) years nor more than five (5) years, a
87-25	mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars
87-26	($5,000) and a mandatory license suspension for a period of three (3) years from the date of
87-27	completion of the sentence imposed under this subsection.
87-28	(iii) In addition to the foregoing penalties, every person convicted of a third or
87-29	subsequent violation within a five (5) year period regardless of whether any prior violation and
87-30	subsequent conviction was a violation and subsequent conviction under this statute or under the
87-31	driving under the influence of liquor or drugs statute of any other state shall be subject, in the
87-32	discretion of the sentencing judge, to having the vehicle owned and operated by the violator
87-33	seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred
87-34	to the general fund.
88-1	(4) For purposes of determining the period of license suspension, a prior violation shall
88-2	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.
88-3	(ii) Any person over the age of eighteen (18) who is convicted under this section for
88-4	operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of
88-5	these, while a child under the age of thirteen (13) years was present as a passenger in the motor
88-6	vehicle when the offense was committed may be sentenced to a term of imprisonment of not more
88-7	than one year and further shall not be entitled to the benefit of suspension or deferment of this
88-8	sentence. The sentence imposed under this section may be served in any unit of the adult
88-9	correctional institutions in the discretion of the sentencing judge.
88-10	(5) Any person convicted of a violation under this section shall pay a highway assessment
88-11	fine of five hundred dollars ($500) which shall be deposited into the general fund. The assessment
88-12	provided for by this subsection shall be collected from a violator before any other fines
88-13	authorized by this section.
88-14	(ii) Any person convicted of a violation under this section shall be assessed a fee. The fee
88-15	shall be as follows:
88-16	FISCAL YEAR FISCAL YEAR FISCAL YEAR
88-17	1993-1995 1996-1999 2000-2010
88-18	$147 $173 $86
88-19	(6) If the person convicted of violating this section is under the age of eighteen (18)
88-20	years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of
88-21	public community restitution, and the juvenile's driving license shall be suspended for a period of
88-22	six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing
88-23	judge shall also require attendance at a special course on driving while intoxicated or under the
88-24	influence of a controlled substance and alcohol or drug education and/or treatment for the
88-25	juvenile. The juvenile may also be required to pay a highway assessment fine of no more than
88-26	five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.
88-27	(ii) If the person convicted of violating this section is under the age of eighteen (18)
88-28	years, for a second or subsequent violation regardless of whether any prior violation and
88-29	subsequent conviction was a violation and subsequent under this statute or under the driving
88-30	under the influence of liquor or drugs statute of any other state, he or she shall be subject to a
88-31	mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)
88-32	years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode
88-33	Island training school for a period of not more than one year and/or a fine of not more than five
88-34	hundred dollars ($500).
89-1	(7) Any person convicted of a violation under this section may undergo a clinical
89-2	assessment at a facility approved by the department of ~~health~~ mental health, retardation, and
89-3	hospitals. Should this clinical assessment determine problems of alcohol, drug abuse, or
89-4	psychological problems associated with alcoholic or drug abuse, this person shall be referred to
89-5	~~the T.A.S.C. (treatment alternatives to street crime) program~~ an appropriate facility for treatment
89-6	placement, case management, and monitoring.
89-7	(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
89-8	per one hundred (100) cubic centimeters of blood.
89-9	(f) There is established an alcohol and drug safety unit within the division of motor
89-10	vehicles to administer an alcohol safety action program. The program shall provide for placement
89-11	and follow-up for persons who are required to pay the highway safety assessment. The alcohol
89-12	and drug safety action program will be administered in conjunction with alcohol and drug
89-13	programs ~~within~~ licensed by the department of ~~health~~ mental health, retardation, and hospitals.
89-14	(2) Persons convicted under the provisions of this chapter shall be required to attend a
89-15	special course on driving while intoxicated or under the influence of a controlled substance,
89-16	and/or participate in an alcohol or drug treatment program. The course shall take into
89-17	consideration any language barrier which may exist as to any person ordered to attend, and shall
89-18	provide for instruction reasonably calculated to communicate the purposes of the course in
89-19	accordance with the requirements of the subsection. Any costs reasonably incurred in connection
89-20	with the provision of this accommodation shall be borne by the person being retrained. A copy of
89-21	any violation under this section shall be forwarded by the court to the alcohol and drug safety
89-22	unit. In the event that persons convicted under the provisions of this chapter fail to attend and
89-23	complete the above course or treatment program, as ordered by the judge, then the person may be
89-24	brought before the court, and after a hearing as to why the order of the court was not followed,
89-25	may be sentenced to jail for a period not exceeding one year.
89-26	(3) The alcohol and drug safety action program within the division of motor vehicles
89-27	shall be funded by general revenue appropriations.
89-28	(g) The director of the health department of the state of Rhode Island is empowered to
89-29	make and file with the secretary of state regulations which prescribe the techniques and methods
89-30	of chemical analysis of the person's body fluids or breath, and the qualifications and certification
89-31	of individuals authorized to administer this testing and analysis.
89-32	(h) Jurisdiction for misdemeanor violations of this section shall be with the district court
89-33	for persons eighteen (18) years of age or older and to the family court for persons under the age
89-34	of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and
90-1	to order the suspension of any license for violations of this section. All trials in the district court
90-2	and family court of violations of the section shall be scheduled within thirty (30) days of the
90-3	arraignment date. No continuance or postponement shall be granted except for good cause shown.
90-4	Any continuances that are necessary shall be granted for the shortest practicable time. Trials in
90-5	superior court are not required to be scheduled within thirty (30) days of the arraignment date.
90-6	(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
90-7	driving while intoxicated or under the influence of a controlled substance, public community
90-8	restitution, or jail provided for under this section can be suspended.
90-9	(j) An order to attend a special course on driving while intoxicated that shall be
90-10	administered in cooperation with a college or university accredited by the state, shall include a
90-11	provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars
90-12	($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into
90-13	the general fund.
90-14	(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the
90-15	presence of alcohol, which relies in whole or in part upon the principle of infrared light
90-16	absorption is considered a chemical test.
90-17	(l) If any provision of this section or the application of any provision shall for any reason
90-18	be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the
90-19	section, but shall be confined in this effect to the provision or application directly involved in the
90-20	controversy giving rise to the judgment.
90-21	SECTION 4. This article shall take effect upon passage.
90-22	ARTICLE 13
90-23	RELATING TO MUNICIPAL INCENTIVE PAY PROGRAMS
90-24	SECTION 1. Chapter 42-28.1 of the General Laws in Title 42 entitled “Municipal Police
90-25	– Incentive Pay” is hereby repealed in its entirety.
90-26	~~42-28.1-1. Incentive pay plan. – There is hereby established an incentive pay program in~~
90-27	~~accordance with the provisions hereof, offering financial compensation to members of the state,~~
90-28	~~city, town police departments, sheriffs and deputy sheriffs, members of the Rhode Island~~
90-29	~~marshals' unit, Rhode Island capitol police and the state fire marshal and deputy fire marshals of~~
90-30	~~the Rhode Island division of fire safety for college education credits in the field of police work.~~
90-31	~~42-28.1-2. Eligibility for plan. – Any full time member of any state, city, town police~~
90-32	~~force, the sheriffs unit, the Rhode Island marshals' unit, the Rhode Island capitol police force,~~
90-33	~~park police and conservation officer units of the division of enforcement of the department of~~
90-34	~~environmental management and the state fire marshal and deputy state fire marshals of the Rhode~~
91-1	~~Island division of fire safety shall be eligible for the plan established in this chapter provided he~~
91-2	~~or she accumulates the requisite number of points under the schedule set forth in § 42-28.1-3.~~
91-3	~~42-28.1-3. Incentive steps. – (a) Advancement to each of the incentive salary steps shall~~
91-4	~~be based on a point system as set forth in § 42-28.1-4 and shall be accomplished as follows:~~
91-5	~~Incentive Increase Above Points~~
91-6	~~Step Basic Salary Acquired~~
91-7	~~1 $1,000 30~~
91-8	~~2 $2,000 Associate Degree in~~
91-9	~~Law Enforcement~~
91-10	~~3 $3,000 Bachelor’s Degree in~~
91-11	~~Law Enforcement or~~
91-12	~~Criminal Justice~~
91-13	~~4 $3,500 Juris Doctor, Masters Degree~~
91-14	~~in Law Enforcement provided~~
91-15	~~the participant has achieved a~~
91-16	~~Bachelor’s Degree in Law~~
91-17	~~Enforcement, criminal justice,~~
91-18	~~or law~~
91-19	~~(b) Except that the state fire marshal and the deputy state fire marshals may be granted~~
91-20	~~credit for a degree with a concentration in fire science.~~
91-21	~~42-28.1-4. Point system. – The points needed to be acquired in order to achieve the~~
91-22	~~various incentive steps as set forth in § 42-28.1-3 shall be earned as follows:~~
91-23	~~(a) One hundred twenty (120) points for a baccalaureate degree in a university, college,~~
91-24	~~technical institute, or other institution approved by the regional accrediting association of colleges~~
91-25	~~and secondary schools.~~
91-26	~~(b) Sixty (60) points for an associate degree awarded by any institution approved by the~~
91-27	~~regional accrediting association of colleges and secondary schools.~~
91-28	~~(c) One point for each semester hour credit obtained in a university, college, technical~~
91-29	~~institute, or other institute of learning approved by the New England Association of Colleges and~~
91-30	~~Secondary Schools, with a concentration in police and legal studies and including studies in the~~
91-31	~~field of behavioral sciences, provided that the member is continuously enrolled in a law~~
91-32	~~enforcement degree program and is taking a minimum of nine (9) credit courses per year in said~~
91-33	~~program; and that a degree is obtained by the member within six (6) years from the time that he~~
91-34	~~or she receives his or her first credit under this program; provided, further, that upon disability or~~
92-1	~~hardship of a member the chief of training, division of personnel, may exempt that member from~~
92-2	~~the above requirements.~~
92-3	~~42-28.1-5. Eligible expenses. – Upon presentation of evidence of successful completion~~
92-4	~~of any course or courses as mentioned in § 42-28.1-4 to the chief of the department in which any~~
92-5	~~police officer is a member, then the respective town or city in which the officer is employed shall~~
92-6	~~reimburse him or her all his or her eligible expenses incurred by taking the courses within a~~
92-7	~~period of ninety (90) days from the submission. For the purposes of this section, the words~~
92-8	~~"eligible expenses" shall include the cost of tuition, books, and supplies but shall not include any~~
92-9	~~expenses related to courses in a program leading to a Bachelor of Laws (LLB) or a Juris Doctor~~
92-10	~~(JD) degree.~~
92-11	~~Any city or town may enter into an agreement with any police officer upon acceptance to~~
92-12	~~law school while in the employ of said city or town.~~
92-13	~~Said agreement may require the police officer to remain employed one month for each~~
92-14	~~month the officer received reimbursement for law school.~~
92-15	~~Failure to meet said employment shall mandate the officer reimburse the city or town the~~
92-16	~~full amount paid by the city or town for law school.~~
92-17	~~42-28.1-6. Payments. – (a) Each of the chiefs of the various agencies shall supply to the~~
92-18	~~chief of training, division of personnel, on or before the first day of September of each year, a list~~
92-19	~~of all members of their respective agencies who have received incentive credits. The chief shall~~
92-20	~~certify the amount of incentive pay for each city and town, and the state controller is hereby~~
92-21	~~authorized and directed to draw his or her orders on the general treasurer for payment to the chief~~
92-22	~~of the sums to be certified to be distributed by him or her to the several city and town treasurers~~
92-23	~~for payment to the eligible police officers; provided, however, that if the appropriation in any~~
92-24	~~fiscal year is not sufficient to pay in full the total amount which is eligible to be distributed during~~
92-25	~~the fiscal year, the maximum amounts which the eligible police officers are eligible to receive~~
92-26	~~shall be ratably reduced to the level of the appropriation. The state shall not be responsible for~~
92-27	~~payment of any of the "eligible expenses" as defined in § 42-28.1-5 except for payment of the~~
92-28	~~eligible expenses of deputy sheriffs. Payment of all other expenses shall be the exclusive~~
92-29	~~responsibility of the respective city or town.~~
92-30	~~(b) Individual incentive payments shall remain fixed at the dollar amount obtained by the~~
92-31	~~incentive point score attained as of September 1, 1978, and will not increase until the additional~~
92-32	~~required incentive points have been earned.~~
92-33	~~(c) No participant in this program shall receive an incentive award in an amount less than~~
92-34	~~the amount he or she received in the fiscal year ending June 30, 1979.~~
93-1	~~(d) Those who are participants in this program as of September 1, 1978, and who do not~~
93-2	~~have a degree nor are enrolled in a degree program, must enroll in a degree program by January 1,~~
93-3	~~1980, in order to be eligible for the incentive award payments~~
93-4	~~42-28.1-7. Appropriation. – The state of Rhode Island shall bear the expense for incentive~~
93-5	~~payments. The general assembly shall annually appropriate such sums as it may deem necessary~~
93-6	~~to carry out the provisions of this chapter; and the controller is hereby authorized and directed to~~
93-7	~~draw his or her orders upon the general treasurer for the payment of such sum or so much thereof~~
93-8	~~as may be required from time to time, upon receipt by him or her of duly authenticated vouchers.~~
93-9	~~42-28.1-8. Eligible education. – No credit shall be granted for any degree other than those~~
93-10	~~specified in § 42-28.1-3. No credit shall be granted to members of city or town police forces for~~
93-11	~~degrees awarded prior to May 1, 1967. No credit shall be granted to members of the state police~~
93-12	~~force and division of fire safety for degrees awarded prior to May 16, 1970. No credit shall be~~
93-13	~~granted to members of the sheriffs' unit for degrees awarded prior to January 1, 1970. No credit~~
93-14	~~shall be granted to members of the Rhode Island marshals' unit or Rhode Island capitol police~~
93-15	~~force for degrees awarded prior to June 30, 1987, except for those members of the marshals' unit~~
93-16	~~or capitol police force presently in service.~~
93-17	~~42-28.1-9. Ineligibility for other incentive payments. – Any person receiving educational~~
93-18	~~incentive payments under this chapter is ineligible for additional incentive payments as contained~~
93-19	~~in the in-service training program for state employees, as contained in the state personnel rules or~~
93-20	~~in § 36-4-44 or in any other chapter relating to incentive in-service training programs.~~
93-21	SECTION 2. Chapter 42-28.4 of the General Laws in Title 42 entitled “Municipal
93-22	Firefighters – Incentive Pay” is hereby repealed in its entirety.
93-23	~~42-28.4-1. Incentive pay plan. – There is hereby established an incentive pay program in~~
93-24	~~accordance with the provisions hereof, offering financial compensation to members of the various~~
93-25	~~city and town fire departments and fire districts and the Cumberland rescue department and~~
93-26	~~emergency service technicians of the town of Lincoln for furthering their education so as to~~
93-27	~~improve their professional competency.~~
93-28	~~42-28.4-2. Eligibility for plan. – Any full time member of any city or town fire~~
93-29	~~department, the Cumberland rescue department, emergency service technicians of the town of~~
93-30	~~Lincoln, any salaried, full time official, and any salaried, full time firefighter of any incorporated~~
93-31	~~fire district shall be eligible for the plan established in this chapter provided he or she~~
93-32	~~accumulates the requisite number of points under the schedule set forth in § 42-28.4-3.~~
93-33	~~42-28.4-3. Incentive steps. – Advancement to each of the incentive award steps shall be~~
93-34	~~based on a point system as set forth in § 42-28.4-4 and shall be accomplished as follows:~~
94-1	~~Incentive Increase Above Points~~
94-2	~~Step Basic Salary Acquired~~
94-3	~~1 $1,000 30~~
94-4	~~2 $2,000 Associate Degree~~
94-5	~~3 $3,000 Baccalaureate Degree~~
94-6	~~42-28.4-4. Point system. – The points needed to be acquired in order to achieve the~~
94-7	~~various incentive steps as set forth in § 42-28.4-3 shall be earned as follows:~~
94-8	~~(a) One hundred forty (140) points for a baccalaureate degree in a university, college,~~
94-9	~~technical institute, or other institution approved by the regional accrediting association of colleges~~
94-10	~~and secondary schools for the area in which the institution is located.~~
94-11	~~(b) Seventy (70) points for an associate degree awarded by any institution approved by~~
94-12	~~the regional accrediting association of colleges and secondary schools for the area in which the~~
94-13	~~institution is located.~~
94-14	~~(c) One point for each semester hour credit obtained in a university, college, technical~~
94-15	~~institute, or other institute of learning approved by the regional accrediting association of colleges~~
94-16	~~and secondary schools for the area in which the institution is located, with a concentration related~~
94-17	~~to fire science, provided that the member is continuously enrolled in a degree program and is~~
94-18	~~taking at least nine (9) semester hours per year in the program and that a degree is obtained;~~
94-19	~~provided, however, that upon disability or hardship of a member, the chief of classification and~~
94-20	~~training, division of personnel may exempt the member from the above requirements.~~
94-21	~~42-28.4-5. Payments. – (a) The chiefs of the various fire departments and fire districts~~
94-22	~~and Cumberland rescue department and emergency service technicians of the town of Lincoln~~
94-23	~~shall supply to the chief of classification and training, division of personnel, on or before the first~~
94-24	~~day of September of each year, a list of all members of the respective departments who have~~
94-25	~~earned incentive credits from July 1, 1970. The chief shall certify the amount of incentive pay for~~
94-26	~~each firefighter or Cumberland rescue personnel and emergency service technicians of the town~~
94-27	~~of Lincoln and the state controller is hereby authorized and directed to draw his or her orders~~
94-28	~~upon the general treasurer for payment to the chief of the sums to be distributed by him or her to~~
94-29	~~the several city and town treasurers who shall in turn distribute these funds to the eligible~~
94-30	~~firefighters or Cumberland rescue personnel and emergency service technicians of the town of~~
94-31	~~Lincoln; provided, however, that if the appropriation in any fiscal year is not sufficient to pay in~~
94-32	~~full the total amount which is eligible to be distributed during the fiscal year, the maximum~~
94-33	~~amounts which the eligible firefighters or Cumberland rescue personnel, and emergency service~~
94-34	~~technicians of the town of Lincoln are eligible to receive shall be ratably reduced to the level of~~
95-1	~~the appropriation.~~
95-2	~~(b) Individual incentive payments shall remain fixed at the dollar amount obtained by the~~
95-3	~~incentive point score attained as of September 1, 1978, and will not increase until the additional~~
95-4	~~required incentive points have been earned.~~
95-5	~~(c) No participant in this program shall receive an incentive award in an amount less than~~
95-6	~~the amount he or she received in the fiscal year ending June 30, 1979.~~
95-7	~~(d) Firefighters who are participants in this program as of September 1, 1978 and who do~~
95-8	~~not have a degree nor are enrolled in a degree program must enroll in a degree program by~~
95-9	~~January 1, 1980 in order to be eligible for the incentive award payments.~~
95-10	~~42-28.4-6. Appropriation. – The state of Rhode Island shall bear the expense for incentive~~
95-11	~~payments. The general assembly shall annually appropriate such sums as it may deem necessary~~
95-12	~~to carry out the provisions of this chapter; and the controller is hereby authorized and directed to~~
95-13	~~draw his or her orders upon the general treasurer for the payment of such sum or so much thereof~~
95-14	~~as may be required from time to time upon receipt by him or her of duly authenticated vouchers.~~
95-15	~~42-28.4-7. Eligible education. – No credit shall be granted for any degree other than in a~~
95-16	~~major concentration related to fire science, nor for any degree awarded prior to July 5, 1970.~~
95-17	~~SECTION 3. This article shall take effect upon passage.~~
95-18	ARTICLE 14
95-19	RELATING TO MUNICIPAL FINANCES
95-20	SECTION 1. Chapter 45-10 of the General Laws entitled “Audit of Accounts” is hereby
95-21	amended by adding thereto the following section:
95-22	45-10-16. Advisory council on municipal finances. – (a) In order to strengthen the
95-23	fiscal accountability of cities, towns and municipalities in Rhode Island an advisory council on
95-24	municipal finances is hereby formed. The council is composed of five (5) members as follows:
95-25	(1) The auditor general of the state of Rhode Island or his or her designee;
95-26	(2) The executive director of the Rhode Island league of cities and towns or his or her
95-27	designee;
95-28	(3) The executive director of the Rhode Island league of cities and towns shall appoint a
95-29	representative of the Government Finance Officers Association;
95-30	(4) The director of the department of revenue or his or her designee;
95-31	(5) The state controller or his or her designee.
95-32	The auditor general or his or her designee shall serve as chair of the council.
95-33	(b) The council shall develop recommendations for a uniform system of accounting,
95-34	including a chart of accounts for all cities, towns and municipalities. These recommendations
96-1	shall take into consideration the work of the advisory council on school finances pursuant to the
96-2	requirements of § 16-2-9.3. The council shall recommend changes in accounting procedures to be
96-3	adopted by cities, towns and municipalities. In addition, the council shall apprise municipal
96-4	business officials, city and town councils, and other municipal leaders about sound fiscal
96-5	practices and current state and federal rules and regulations regarding municipal finance. All
96-6	recommendations of the council shall be advisory in nature.
96-7	(c) The council shall meet at least one time each year. The council shall report its
96-8	activities and recommendations to the chairs of the house and senate committees on finance, the
96-9	senate committee on housing and municipal government, the house committee on municipal
96-10	government, and the office of the governor. The council’s initial recommendations shall be
96-11	submitted by July 1, 2009.
96-12	SECTION 2. This article shall take effect upon passage.
96-13	ARTICLE 15
96-14	RELATING TO STATE AID
96-15	SECTION 1. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled “Video
96-16	Lottery Terminal” is hereby amended to read as follows:
96-17	42-61.2-7. Division of revenue. – (a) Notwithstanding the provisions of § 42-61-15, the
96-18	allocation of net terminal income derived from video lottery games is as follows:
96-19	(1) For deposit in the general fund and to the state lottery division fund for
96-20	administrative purposes: Net terminal income not otherwise disbursed in accordance with
96-21	subdivisions (a)(2) – (a)(6) herein;
96-22	(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one
96-23	percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally
96-24	allocated to the distressed communities as defined in § 45-13-12 provided that no eligible
96-25	community shall receive more than twenty-five percent (25%) of that community's currently
96-26	enacted municipal budget as its share under this specific subsection. Distributions made under
96-27	this specific subsection are supplemental to all other distributions made under any portion of
96-28	general laws § 45-13-12. For the fiscal year ending June 30, 2008 distributions by community
96-29	shall be identical to the distributions made in the fiscal year ending June 30, 2007 and shall be
96-30	made from general appropriations. For the fiscal year ending June 30, 2009, the total state
96-31	distribution shall be the same total amount distributed in the fiscal year ending June 30, 2008 and
96-32	shall be made from general appropriations.
96-33	(ii) Five one hundredths of one percent (0.05%) up to a maximum of five million
96-34	dollars ($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of §
97-1	44-33-2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum
97-2	amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit
97-3	of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be
97-4	less than the prior fiscal year.
97-5	(iii) One and twenty-two one hundredths of one percent (1.22%) to fund § 44-34.1-1,
97-6	entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum
97-7	amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event
97-8	shall the exemption in any fiscal year be less than the prior fiscal year.
97-9	(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent
97-10	(0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to
97-11	communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of
97-12	general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008
97-13	distributions by community shall be identical to the distributions made in the fiscal year ending
97-14	June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30,
97-15	2009, the total state distribution shall be the same total amount distributed in the fiscal year
97-16	ending June 30, 2008 and shall be made from general appropriations.
97-17	(2) To the licensed video lottery retailer:
97-18	(a) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-six
97-19	percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars
97-20	($384,996);
97-21	(ii) On and after the effective date of the NGJA Master Contract, to the licensed video
97-22	lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said
97-23	Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars
97-24	($384,996).
97-25	(b) Prior to the effective date of the UTGR Master Contract, to the present licensed
97-26	video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-
97-27	eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven
97-28	thousand six hundred eighty-seven dollars ($767,687);
97-29	(ii) On and after the effective date of the UTGR Master Contract, to the licensed video
97-30	lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said
97-31	Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars
97-32	($767,687).
97-33	(3) To the technology providers who are not a party to the GTECH Master Contract as
97-34	set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net terminal
98-1	income of the provider's terminals;
98-2	(ii) To contractors who are a party to the Master Contract as set forth and referenced in
98-3	Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;
98-4	(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted
98-5	proportionately from the payments to technology providers the sum of six hundred twenty-eight
98-6	thousand seven hundred thirty-seven dollars ($628,737);
98-7	(4) To the city of Newport one and one hundreth percent (1.01%) of net terminal
98-8	income of authorized machines at Newport Grand and to the town of Lincoln one and twenty-six
98-9	hundreths (1.26%) of net terminal income of authorized machines at Lincoln Park; and
98-10	(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of
98-11	net terminal income of authorized machines at Lincoln Park up to a maximum of ten million
98-12	dollars ($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the
98-13	account of a Tribal Development Fund to be used for the purpose of encouraging and promoting:
98-14	home ownership and improvement, elderly housing, adult vocational training; health and social
98-15	services; childcare; natural resource protection; and economic development consistent with state
98-16	law. Provided, however, such distribution shall terminate upon the opening of any gaming facility
98-17	in which the Narragansett Indians are entitled to any payments or other incentives; and provided
98-18	further, any monies distributed hereunder shall not be used for, or spent on previously contracted
98-19	debts.
98-20	(6) Unclaimed prizes and credits shall remit to the general fund of the state;
98-21	(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)(6)
98-22	shall be made on an estimated monthly basis. Payment shall be made on the tenth day following
98-23	the close of the month except for the last month when payment shall be on the last business day.
98-24	SECTION 2. Sections 45-13-1 and 45-13-9 of the General Laws in Chapter 45-13
98-25	entitled “State Aid” are hereby amended to read as follows:
98-26	45-13-1. Apportionment of annual appropriation for state aid. – (a) As used in this
98-27	chapter, the following words and terms have the following meanings:
98-28	(1) "Population" means the most recent estimates of population for each city and town
98-29	as reported by the United States department of commerce, bureau of the census.
98-30	(2) "Income" means the most recent estimate of per-capita income for a city, town or
98-31	county as reported by the United States department of commerce, bureau of the census.
98-32	(3) "Tax effort" means the total taxes imposed by a city or town for public purposes or
98-33	the totals of those taxes for the cities or towns within a county (except employee and employer
98-34	assessments and contributions to finance retirement and social insurance systems and other
99-1	special assessments for capital outlay) determined by the United States secretary of commerce for
99-2	general statistical purposes and adjusted to exclude amounts properly allocated to education
99-3	expenses.
99-4	(4) "Reference year" means the second fiscal year preceding the beginning of the fiscal
99-5	year in which the distribution of state aid to cities and towns is made provided however that the
99-6	reference year for distributions made in fiscal year 2007-2008 shall be the third fiscal year
99-7	preceding the beginning of the fiscal year 2007-2008.
99-8	(b) Aid to cities and towns shall be apportioned as follows: For each county, city or
99-9	town, let R be the tax effort divided by the square of per capita income, i.e., R = (tax
99-10	effort)/(income x income).
99-11	The amount to be allocated to the counties shall be apportioned in the ratio of the value
99-12	of R for each county divided by the sum of the values of R for all five (5) counties.
99-13	The amount to be allocated for all cities and for all towns within a county shall be the
99-14	allocation for that county apportioned proportionally to the total tax effort of the towns and cities
99-15	in that county.
99-16	The amount to be allocated to any city or town is the amount allocated to all cities or all
99-17	towns within the county apportioned in the ratio of the value of R for that city (or town) divided
99-18	by the sum of the values of R for all cities (or all towns) in that county; provided, further, that no
99-19	city or town shall receive an entitlement in excess of one hundred forty-five percent (145%) of
99-20	that city or town's population multiplied by the average per capita statewide amount of the annual
99-21	appropriation for state aid to cities and towns. Any excess entitlement shall be allocated to the
99-22	remainder of the cities and towns in the respective county in accordance with the provisions of
99-23	this section.
99-24	For fiscal year 2004, notwithstanding the provisions of subsection (a), aid calculations
99-25	shall be based on a blended rate of ninety percent (90%) of the data from the 1990 census and ten
99-26	percent (10%) of the data from the 2000 census. In each of the succeeding nine (9) fiscal years,
99-27	the calculations shall be based on a blended rate that increases the percentage of data utilized
99-28	from the 2000 census by ten percent (10%) from the previous year and decreases the percentage
99-29	of the data utilized from the 1990 census by ten percent (10%) from the previous year.
99-30	(c) The total amount of aid to be apportioned pursuant to subsection (b) above shall be
99-31	specified in the annual appropriation act of the state and shall be equal to the following:
99-32	(1) For fiscal years ending June 30, 1994 through June 30, 1998, the total amount of aid
99-33	shall be based upon one percent (1%) of total state tax revenues in the reference year.
99-34	(2) For the fiscal year ending June 30, 1999, the total amount of aid shall be based upon
100-1	one and three-tenths percent (1.3%) of total state tax revenues in the reference year.
100-2	(3) For the fiscal year ending June 30, 2000, the total amount of aid shall be based upon
100-3	one and seven-tenths percent (1.7%) of total state tax revenues in the reference year.
100-4	(4) For the fiscal year ending June 30, 2001, the total amount of aid shall be based upon
100-5	two percent (2.0%) of total state tax revenues in the reference year.
100-6	(5) For the fiscal year ending June 30, 2002, the total amount of aid shall be based upon
100-7	two and four-tenths percent (2.4%) of total state tax revenues in the reference year.
100-8	(6) For the fiscal year ending June 30, 2003, the total amount of aid shall be based upon
100-9	two and four-tenths percent (2.4%) of total state tax revenues in the reference year.
100-10	(7) For the fiscal year ending June 30, 2004, the total amount of aid shall be based upon
100-11	two and seven-tenths percent (2.7%) of total state tax revenues in the reference year.
100-12	(8) For the fiscal year ending June 30, 2005, the total amount of aid shall be fifty-two
100-13	million four hundred thirty-eight thousand five hundred thirty-two dollars ($52,438,532).
100-14	(9) For the fiscal year ending June 30, 2006, the total amount of aid shall be based upon
100-15	three percent (3.0%) of total state tax revenues in the reference year.
100-16	(10) For the fiscal year ending June 30, 2007 the total amount of aid shall be sixty-four
100-17	million six hundred ninety-nine thousand three dollars ($64,699,003).
100-18	(11) For the fiscal year ending June 30, 2008, the total amount of aid shall be sixty-four
100-19	million six hundred ninety-nine thousand three dollars ($64,699,003).
100-20	(12) For the fiscal year ending June 30, 2009 and each year thereafter, the total amount
100-21	of aid shall be based upon three percent (3.0%) of total state tax revenues in the reference year.
100-22	(13) [Deleted by P.L. 2007, ch. 73, art. 25, § 1.]
100-23	(14) [Deleted by P.L. 2007, ch. 73, art. 25, § 1.]
100-24	(d) The assent of two-thirds (2/3) of the members elected to each house of the general
100-25	assembly shall be required to repeal or amend this section.
100-26	(e) For the fiscal year ending June 30, 2008 the apportionments of state aid as derived
100-27	through the calculations as required by subsections (a) through (c) shall be adjusted
100-28	proportionally downward statewide by the amount of ten million dollars ($10,000,000).
100-29	(f) For the fiscal year ending June 30, 2009 the apportionments of state aid as derived
100-30	through the calculations as required by subsections (a) through (c) shall be adjusted downward to
100-31	yield a total state appropriation of fifty-four million six hundred two thousand nine hundred
100-32	ninety-two dollars ($54,602,992). Then apportionments shall be based upon an initial state
100-33	appropriation of fifty-four million six hundred ninety-nine thousand three dollars ($54,699,003),
100-34	reduced further by ninety-six thousand eleven dollars ($96,011), to assure that no municipality
101-1	shall receive more state aid in FY 2009 than it received in FY 2008 not including the application
101-2	of the adjustments provided for in subsection (e).
101-3	SECTION 3. This article shall take effect upon passage.
101-4	ARTICLE 16
101-5	RELATING TO TEMPORARY ASSISTANCE
101-6	PROGRAM FOR NEEDY FAMILIES
101-7	SECTION 1. Title 40 of the General Laws entitled “Human Services” is hereby amended
101-8	by adding thereto the following chapter:
101-9	CHAPTER 5.2
101-10	TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
101-11	40-5.2-1. Title. - This chapter shall be known and cited as the Rhode Island Temporary
101-12	Assistance for Needy Families Act of 2008.
101-13	40-5.2-2. Legislative findings. - It is hereby found and declared as follows:
101-14	(a) The State of Rhode Island is facing annual deficits in excess of three hundred fifty
101-15	million dollars ($350,000,000) for each of the next five years.
101-16	(b) It is the intent of the general assembly to fundamentally change the public assistance
101-17	program, formerly known as the family independence program, in order to provide temporary
101-18	cash assistance to eligible families with dependent children while requiring the entry or reentry of
101-19	the adult members of the family into the workplace with necessary supports as quickly as possible
101-20	and to re-direct state resources to accomplish this goal;
101-21	(c) Furthermore, it is the intent of the general assembly to require the development of a
101-22	family cash assistance program, which shall provide eligible participants with employment and
101-23	support services along with temporary cash assistance, so that parents can participate in the
101-24	workforce rather than depend on public assistance to support themselves and their children.
101-25	40-5.2-3. In order to achieve these goals, the Temporary Assistance for Needy Families
101-26	Act of 2008 is hereby established.
101-27	40-5.2-4. The department of human services, with the assistance of the executive office
101-28	of health and human services, shall propose necessary legislation during the 2008 session of the
101-29	general assembly, consistent with the federal Temporary Assistance for Needy Families (TANF)
101-30	program, and the Rhode Island program shall achieve one or more of the following basic
101-31	purposes of TANF:
101-32	(a) Provide assistance to needy families so that children may be cared for in their own
101-33	homes, or in the homes of relatives;
101-34	(b) End the dependence of parents on government benefits by promoting job preparation,
102-1	work, and marriage;
102-2	(c) Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual
102-3	numerical goals for preventing and reducing the incidence of these pregnancies; and
102-4	(d) Encourage the formation and maintenance of families.
102-5	SECTION 2. This article shall take effect upon the enactment of legislation by July 2008
102-6	and in accordance with the legislative intent and the goals set forth in this article.
102-7	ARTICLE 17
102-8	RELATING TO RHODE ISLAND MEDICAID REFORM ACT
102-9	SECTION 1. Title 40 of the General Laws entitled “Human Services” is hereby amended
102-10	by adding thereto the chapter:
102-11	CHAPTER 20
102-12	THE RHODE ISLAND MEDICAID
102-13	REFORM ACT
102-14	40-20-1. Title. - This chapter shall be known and cited as the Rhode Island Medicaid
102-15	Reform Act of 2008.
102-16	40-20-2. Legislative findings. - It is hereby found and declared as follows:
102-17	(a) The State of Rhode Island is facing annual deficits in excess of three hundred fifty
102-18	million dollars ($350,000,000) for each of the next five years. During this time the Rhode Island
102-19	Medicaid program is forecast to grow at a rate of seven (7) percent per year. Given the size of the
102-20	Medicaid program and its impact on the state budget, this rate of growth is not financially
102-21	sustainable:
102-22	(b) It is the intent of the Rhode Island General Assembly that Medicaid shall be a
102-23	sustainable, cost effective, person centered, and opportunity driven program utilizing competitive
102-24	and value based purchasing to maximize the available service options; and
102-25	(c) It is the intent of the General Assembly to fundamentally redesign the Medicaid
102-26	Program in order to achieve a person-centered and opportunity driven program;
102-27	(d) It is the intent of the General Assembly to:
102-28	(1) create a Medical Assistance Program that is a results oriented system of coordinated
102-29	care that focuses on independence and choice
102-30	(2) use competitive value based purchasing to maximize the available service options,
102-31	promote accountability and transparency, and encourage and reward healthy outcomes and
102-32	responsible choices; and
102-33	(3) promote efficiencies through interdepartmental cooperation, specifically between and
102-34	among the executive office of health and human services and the department of human services,
103-1	the single state agency responsible for administration and implementation of this chapter
103-2	40-20-3. In order to promote personal responsibility, participant choice, dignity,
103-3	competition and independence, the Rhode Island Medicaid Reform Act is hereby established.
103-4	40-20-4. The department of human services, with the assistance of the executive office of
103-5	health and human services, shall propose necessary legislation during the 2008 session of the
103-6	general assembly which would reform the state’s Medicaid Program in furtherance of the
103-7	following goals:
103-8	(a) Provide Medicaid assistance to eligible individuals;
103-9	(b) Provide community alternatives and least restrictive options for person centered
103-10	choice and independence, as opposed to institutionalization;
103-11	(c) Provide for personal responsibility;
103-12	(d) Create a person-centered and opportunity driven program;
103-13	(e) Create a results oriented system of coordinated care that focuses on independence and
103-14	choice;
103-15	(f) Use competitive value based purchasing to maximize the available service options and
103-16	promote accountability and transparency; and
103-17	(g) Encourage and reward healthy outcomes and responsible choices.
103-18	SECTION 2. This article shall take effect upon the enactment of legislation in
103-19	accordance with the findings and goals set forth in this article.
103-20	ARTICLE 18
103-21	RELATING TO HUMAN SERVICES -
103-22	HOSPITAL RATE PAYMENT
103-23	SECTION 1 Sections 40-8-13.1 and 40-8-13.2 of the General Laws in Chapter 40-8
103-24	entitled “Medical Assistance” are hereby amended to read as follows:
103-25	40-8-13.1 ~~Reimbursement for out-of-state hospital services~~ Payment for Services
103-26	provided by in state and out of state hospitals.-- (a) The director of the department of human
103-27	services and/or the secretary of executive office of health and human services is hereby
103-28	authorized and directed to amend ~~, effective July 1, 1995,~~ its regulations ~~, its fee schedules~~ and
103-29	the Rhode Island state plan for medical assistance (Medicaid) pursuant to Title XIX of the federal
103-30	Social Security Act to provide for ~~reimbursement~~ payment to ~~out-of-state~~ hospitals for services
103-31	provided by the hospitals to eligible recipients in accordance with this ~~section~~ chapter.
103-32	~~(b) Authorized inpatient hospital services shall be reimbursed at a rate equal to fifty~~
103-33	~~percent (50%) of the out-of-state hospital's customary charge(s) for such services to Title XIX~~
103-34	~~recipients in that state; provided, however, that in-patient hospital organ transplant services shall~~
104-1	~~be reimbursed at sixty-one percent (61%) of the out-of-state hospital's customary charge(s) for~~
104-2	~~such organ transplant services to Title XIX recipients in that state. Authorized outpatient hospital~~
104-3	~~services (other than laboratory services) shall be reimbursed at a rate equal to fifty-three percent~~
104-4	~~(53%) of the out-of-state hospital's customary charge(s) for such services to Title XIX recipients~~
104-5	~~in that state; outpatient laboratory services shall be reimbursed at the Medicare allowable rate.~~
104-6	~~(c) The department may periodically adjust the inpatient and/or outpatient service~~
104-7	~~reimbursement rate(s) based upon a medical care cost index to be determined by the department.~~
104-8	40-8-13.2 ~~Prospective rate methodology for in-state hospital services~~ Rate
104-9	Methodology for payment for in state and out of state hospital services.—(a) The legislature
104-10	finds and declares that:
104-11	(1) It is of paramount public interest for the state to take all necessary and appropriate
104-12	actions to ensure access to and the provision of high quality and cost-effective hospital care to its
104-13	citizens;
104-14	(2) The previous methodology of payment to hospitals was administratively burdensome.
104-15	Delays and adjustments to cost reports and payment rates were problematic for financial planning
104-16	for both hospitals and the department of human services;
104-17	(3) A new methodology for payment to in state and out of state hospitals for inpatient
104-18	services will improve access to care, increase fairness to hospitals, reward efficiency, improve
104-19	purchasing clarity, and reduce administrative burden for both the state Medicaid agency and the
104-20	hospitals;
104-21	(4) In order to improve efficiency and cost effectiveness, the department of human
104-22	services shall effectuate a new payment methodology utilizing the diagnosis related groups
104-23	(DRG) method of payment, a patient classification method which provides a means of relating
104-24	payment to the hospitals to the classes of patients cared for by the hospitals. A payment method
104-25	based on diagnosis related groups may include cost outlier payments and other specific
104-26	exceptions to meet the overall goals listed in paragraph (c) above.
104-27	(5) Payment utilizing the diagnosis related groups methodology shall reward hospitals for
104-28	providing the most efficient care, and shall enable the department to conduct value based
104-29	purchasing of in patient care;
104-30	(b) The director of the department of human services and/or the secretary of executive
104-31	office of health and human services is hereby authorized to promulgate such rules and regulations
104-32	consistent with this chapter, and to establish fiscal procedures deemed necessary for the proper
104-33	implementation and administration of this chapter in order to carry out payment to hospitals
104-34	effectuating the diagnosis related group payment methodology. Further, amendment of the Rhode
105-1	Island state plan for medical assistance (Medicaid) pursuant to Title XIX of the federal Social
105-2	Security Act is hereby authorized to provide for payment to hospitals for services provided to
105-3	eligible recipients in accordance with this chapter;
105-4	(c) As a condition of participation ~~in the established prospective rate~~ in methodology for
105-5	~~reimbursement~~ payment of hospital services, ~~in-state hospital services~~, every hospital shall submit
105-6	year-end settlement reports to the department within one year from the close of a hospital's fiscal
105-7	year. In the event that a participating hospital fails to timely submit a year-end settlement report
105-8	as required, the department shall withhold financial cycle payments due by any state agency with
105-9	respect to this hospital by not more than ten percent (10%) until the report is received.
105-10	SECTION 2. Sections 27-19-14, 27-19-15, and 27-19-16 of the General Laws in Chapter
105-11	27-19 entitled “Nonprofit Hospital Service Corporations” are hereby repealed.
105-12	~~27-19-14 Negotiation of hospital cost.~~ ~~The state, acting through the budget officer or~~
105-13	~~his or her designated representative, hospitals, and hospital service corporations incorporated~~
105-14	~~under this chapter shall be parties to annual budget negotiations held for the purpose of~~
105-15	~~determining payment rates for hospital costs by the state and those corporations. The parties to~~
105-16	~~the negotiations shall know the total operating expenses for hospitals. The negotiations shall~~
105-17	~~commence no later than one hundred eighty (180) days prior to the beginning of each hospital~~
105-18	~~fiscal year. The negotiations, which shall be considered collective bargaining for the purposes of~~
105-19	~~§ 42-46-5(a)(2), shall be held for each hospital fiscal year and individual budget negotiations~~
105-20	~~shall commence not later than ninety (90) days prior to the beginning of each hospital fiscal year.~~
105-21	~~The parties shall employ mediation and arbitration services as an aid to the negotiations.~~
105-22	27-19-15 Agreement on budgets. – (a) The budgets and/or each hospital's projected
105-23	~~expenses and related statistics shall be agreed upon not later than thirty (30) days prior to the~~
105-24	~~beginning of each hospital fiscal year. The agreement shall be prima facie evidence that the~~
105-25	~~budgets and related statistics are:~~
105-26	~~(1) Consistent with the proper conduct of the business of the corporations and the interest~~
105-27	~~of the public to the extent that the budgets constitute in the aggregate a component of hospital~~
105-28	~~service rates filed for approval in any rate hearing; and~~
105-29	~~(2) Reasonable as a component of rates paid by the state as a purchaser of hospital~~
105-30	~~services.~~
105-31	~~(b) Each hospital shall file its proposed budget to the state budget office which shall~~
105-32	~~include projected expenses for the current fiscal year and planned expenses for the next fiscal~~
105-33	~~year. Each hospital will also file with the state budget office a copy of its audited financial~~
105-34	~~statements with rates within thirty (30) days of acceptance by the hospital's board of trustees.~~
106-1	~~27-19-16 Severability. –~~ ~~If a court of competent jurisdiction shall adjudge that the~~
106-2	~~requirement in § 27-19-14 that the state be a party to negotiations in which the United States is a~~
106-3	~~party or otherwise interested is invalid or unconstitutional, that judgment shall not impair or~~
106-4	~~invalidate § 27-19-14 insofar as it requires the state to be a party to negotiations between~~
106-5	~~hospitals and hospital service corporations; and if any other clause, sentence, or section of §§ 27-~~
106-6	~~19-14, 27-19-15, or this section is adjudged invalid or unconstitutional by a court of competent~~
106-7	~~jurisdiction, the remaining provisions of the sections will not be impaired or invalidated by that~~
106-8	~~invalidity, but the effect of the judgment shall be confined to the clause, sentence, or section so~~
106-9	~~adjudged to be invalid or unconstitutional. If the United States or any of its departments or~~
106-10	~~agencies requires that funds supplied by it to the state for the purchase or reimbursement of~~
106-11	~~hospital services be disbursed in a manner inconsistent with any agreement reached by the parties~~
106-12	~~pursuant to §§ 27-19-14 and 27-19-15, that requirement shall not affect any agreement as to other~~
106-13	~~funds to be paid by the state or by hospital service corporations.~~
106-14	SECTION 3. This article shall take effect upon passage.
106-15	ARTICLE 19
106-16	RELATING TO HOSPITAL UNCOMPENSATED CARE
106-17	SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3
106-18	entitled “Uncompensated Care” are hereby amended to read as follows:
106-19	40-8.3-2. Definitions. – As used in this chapter:
106-20	(1) "Base year" means for the purpose of calculating a disproportionate share payment
106-21	for any fiscal year ending after ~~September 30, 2005, the period from October 1, 2003 through~~
106-22	~~September 30, 2004 and for any fiscal year ending after~~ September 30, 2007, the period from
106-23	October 1, 2005 through September 30, 2006.
106-24	(2) "Medical assistance inpatient utilization rate for a hospital" means a fraction
106-25	(expressed as a percentage) the numerator of which is the hospital's number of inpatient days
106-26	during the base year attributable to patients who were eligible for medical assistance during the
106-27	base year and the denominator of which is the total number of the hospital's inpatient days in the
106-28	base year.
106-29	(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:
106-30	(i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year; (ii)
106-31	achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the
106-32	base year; and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23
106-33	during the payment year.
106-34	(4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost
107-1	incurred by such hospital during the base year for inpatient or outpatient services attributable to
107-2	charity care (free care and bad debts) for which the patient has no health insurance or other third-
107-3	party coverage less payments, if any, received directly from such patients; and (ii) the cost
107-4	incurred by such hospital during the base year for inpatient or out-patient services attributable to
107-5	Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the
107-6	uncompensated care index.
107-7	(5) "Uncompensated care index" means the annual percentage increase for hospitals
107-8	established pursuant to § 27-19-14 for each year after the base year, up to and including the
107-9	payment year, provided, however, that the uncompensated care index for the payment year ~~ending~~
107-10	~~September 30, 2005 shall be deemed to be five and eighty-five hundredths percent (5.85%), and~~
107-11	~~that the uncompensated care index for the payment year ending September 30, 2006 shall be~~
107-12	~~deemed to be five and fifty hundredths percent (5.50%), and that the uncompensated care index~~
107-13	~~for the payment year~~ ending September 30, 2007 shall be deemed to be five and forty-seven
107-14	hundredths percent (5.47%), and that the uncompensated care index for the payment year ending
107-15	September 30, 2008 shall be deemed to be five and forty seven hundredths percent (5.47%),and
107-16	that the uncompensated care index for the payment year ending September 30, 2009 shall be
107-17	deemed to be five and forty seven hundredths percent (5.47%).
107-18	40-8.3-3. Implementation. – ~~(a) For the fiscal year commencing on October 1, 2006~~
107-19	~~and ending September 30, 2007, the department of human services shall submit to the Secretary~~
107-20	~~of the U.S. Department of Health and Human Services a state plan amendment to the Rhode~~
107-21	~~Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:~~
107-22	~~(1) Disproportionate share hospital payments to all participating hospitals not to exceed~~
107-23	~~an aggregate limit of $97.8 million, to be allocated by the department to the Pool A, Pool C and~~
107-24	~~Pool D components of the DSH Plan;~~
107-25	~~(2) That the Pool D allotment shall be distributed among the participating hospitals in~~
107-26	~~direct proportion to the individual participating hospitals uncompensated care costs for the base~~
107-27	~~year inflated by the uncompensated care index to the total uncompensated care costs for the base~~
107-28	~~year inflated by uncompensated care index for all participating hospitals. The disproportionate~~
107-29	~~share payments shall be made on or before July 16, 2007 and are expressly conditioned upon~~
107-30	~~approval on or before July 9, 2007 by the Secretary of the U.S. Department of Health and Human~~
107-31	~~Services, or his or her authorized representative, of all Medicaid state plan amendments necessary~~
107-32	~~to secure for the state the benefit of federal financial participation in federal fiscal year 2007 for~~
107-33	~~the disproportionate share payments.~~
107-34	~~(b)~~(a) For the fiscal year commencing on October 1, 2007 and ending September 30,
108-1	2008, the department of human services shall submit to the Secretary of the U.S. Department of
108-2	Health and Human Services a state plan amendment to the Rhode Island Medicaid state plan for
108-3	disproportionate share hospital payments (DSH Plan) to provide:
108-4	(1) Disproportionate share hospital payments to all participating hospitals not to exceed
108-5	an aggregate limit of $99.5 million, to be allocated by the department to the Pool A, Pool C and
108-6	Pool D components of the DSH Plan;
108-7	(2) That the Pool D allotment shall be distributed among the participating hospitals in
108-8	direct proportion to the individual participating hospitals uncompensated care costs for the base
108-9	year inflated by the uncompensated care index to the total uncompensated care costs for the base
108-10	year inflated by uncompensated care index for all participating hospitals. The disproportionate
108-11	share payments shall be made on or before July 14, 2008 and are expressly conditioned upon
108-12	approval on or before July 7, 2008 the Secretary of the U.S. Department of Health and Human
108-13	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
108-14	to secure for the state the benefit of federal financial participation in federal fiscal year 2008 for
108-15	the disproportionate share payments.
108-16	(b) For the fiscal year commencing on October 1, 2008 and ending September 30, 2009,
108-17	the department of human services shall submit to the Secretary of the U.S. Department of Health
108-18	and Human Services a state plan amendment to the Rhode Island Medicaid state plan for
108-19	disproportionate share hospital payments (DSH Plan) to provide:
108-20	(1) That the disproportionate share hospital payments to all participating hospitals not to
108-21	exceed an aggregate limit of $99.5 million, to be allocated by the department to the Pool A, Pool
108-22	C and Pool D components of the DSH Plan;
108-23	(2) That the Pool D allotment shall be distributed among the participating hospitals in
108-24	direct proportion to the individual participating hospital’s uncompensated care costs for the base
108-25	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
108-26	year inflated by uncompensated care index for all participating hospitals. The disproportionate
108-27	share payments shall be made on or before July 13, 2009 and are expressly conditioned upon
108-28	approval on or before July 6, 2009 by the Secretary of the U.S. Department of Health and Human
108-29	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
108-30	to secure for the state the benefit of federal financial participation in federal fiscal year 2009 for
108-31	the disproportionate share payments.
108-32	(c) No provision is made pursuant to this chapter for disproportionate share hospital
108-33	payments to participating hospitals for uncompensated care costs related to graduate medical
108-34	education programs.
109-1	SECTION 2. This article shall take effect upon passage.
109-2	ARTICLE 20
109-3	RELATING TO HUMAN SERVICES – CHILDREN’S HEALTH ACCOUNT
109-4	SECTION 1. Section 42-12-29 of the General Laws in Chapter 42-12 entitled
109-5	“Department of Human Services” is hereby amended to read as follows:
109-6	42-12-29. Children's health account. – (a) There is created within the general fund a
109-7	restricted receipt account to be known as the "children's health account". All money in the
109-8	account shall be utilized by the department of human services to effectuate coverage for home
109-9	health services, CEDARR services, and children's intensive services (CIS). All money received
109-10	pursuant to this section shall be deposited in the children's health account. The general treasurer is
109-11	authorized and directed to draw his or her orders on the account upon receipt of properly
109-12	authenticated vouchers from the department of human services.
109-13	(b) Beginning in the fiscal year 2007, each insurer licensed or regulated pursuant to the
109-14	provisions of chapters 18, 19, 20, and 41 of title 27 shall be assessed for the purposes set forth in
109-15	this section. The department of human services shall make available to each insurer, upon its
109-16	request, information regarding the department of human services child health program and the
109-17	costs related to the program. Further, the department of human services shall submit to the
109-18	general assembly an annual report on the program and cost related to the program, on or before
109-19	February 1 of each year. Annual assessments shall be based on direct premiums written in the
109-20	year prior to the assessment and shall not include any Medicare Supplement Policy (as defined in
109-21	§ 27-18-2.1(g)), Medicare managed care, Medicare, Federal Employees Health Plan,
109-22	Medicaid/RIte Care or dental premiums. As to accident and sickness insurance, the direct
109-23	premium written shall include, but is not limited to, group, blanket, and individual policies. Those
109-24	insurers assessed greater than five hundred thousand dollars ($500,000) for the year shall be
109-25	assessed four (4) quarterly payments of twenty-five percent (25%) of their total assessment.
109-26	Beginning July 1, 2006, the annual rate of assessment shall be determined by the director of
109-27	human services in concurrence with the primary payors, those being insurers likely to be assessed
109-28	at greater than five hundred thousand dollars ($500,000). The director of the department of
109-29	human services shall deposit that amount in the "children's health account". The assessment shall
109-30	be used solely for the purposes of the "children's health account" and no other.
109-31	(c) Any funds collected in excess of funds needed to carry out the programs shall be
109-32	deducted from the subsequent year's assessment.
109-33	(d) The total annual assessment on all insurers shall be equivalent to the amount paid by
109-34	the department of human services for such services, ~~for children insured by such insurers,~~ as
110-1	listed in subsection (a), but not to exceed five thousand dollars ($5,000) per child ~~covered by the~~
110-2	~~services~~ per service per year.
110-3	(e) The children's health account shall be exempt from the indirect cost recovery
110-4	provisions of § 35-4-27 of the general laws.
110-5	SECTION 2. This article shall take effect as of July 1, 2008.
110-6	ARTICLE 21
110-7	RELATING TO GENERAL PUBLIC ASSISTANCE – HARDSHIP
110-8	SECTION 1. Hardship Contingency Fund – FY 2009 – Out of the general revenue
110-9	sum appropriated to the department of human services in Article 1 for general public assistance,
110-10	the sum of six hundred thirty four thousand two hundred ten dollars ($634,210) may be used as a
110-11	hardship contingency fund for the purposes and subject to the limitations hereinafter provided.
110-12	The state controller is hereby authorized and directed to draw his or her order upon the general
110-13	treasurer for the payment of such sums or such portions thereof as may be required from time to
110-14	time upon receipt by him or her of duly authenticated vouchers. From the aforesaid appropriation
110-15	for hardship contingency, the director of the department of human services, in his or her sole
110-16	discretion, may authorize payments of cash assistance benefits up to two hundred dollars ($200)
110-17	per month upon a showing of hardship by an individual who is eligible for general public
110-18	assistance medical benefits under §40-6-3.1; provided, however, that individuals who are
110-19	determined eligible for medical assistance (“Medicaid”) under Title XIX of the Social Security
110-20	Act, 42 U.S.C. §1396 et seq., or who are determined eligible to receive an interim cash assistance
110-21	payment for the disabled pursuant to §40-6-28, shall not be eligible for assistance under this
110-22	section. The director shall not be required to promulgate any new, additional or separate rules or
110-23	regulations in connection with his or her disbursement of the contingency fund created hereby.
110-24	SECTION 2. This article shall take effect as of July 1, 2008.
110-25	ARTICLE 22
110-26	RELATING TO STATE POLICE RETIREMENT PROVISIONS
110-27	SECTION 1. Section 42-28-22 of the General Laws in Chapter 42-28 entitled "State
110-28	Police" is hereby amended to read as follows:
110-29	42-28-22. Retirement of members. -- (a) Whenever any member of the state police
110-30	hired prior to July 1, 2007 has served for twenty (20) years, he or she may retire therefrom or he
110-31	or she may be retired by the superintendent with the approval of the governor, and in either event
110-32	sum equal to one-half (1/2) of the whole salary for the position from which he or she retired
110-33	determined on the date he or she receives his or her first retirement payment shall be paid him or
110-34	her during life.
111-1	(b) For purposes of this section, the term "whole salary" means:
111-2	(1) For each member who retired prior to July 1, 1966, "whole salary" means the base
111-3	salary for the position from which he or she retired as the base salary for that position was
111-4	determined on July 31, 1972;
111-5	(2) For each member who retired between July 1, 1966 and June 30, 1973, "whole salary"
111-6	means the base salary for the position from which he or she retired as the base salary,
111-7	implemented by the longevity increment, for that position was determined on July 31, 1972 or on
111-8	the date of his or her retirement, whichever is greater;
111-9	(3) For each member who retired or who retires after July 1, 1973 "whole salary" means
111-10	the base salary, implemented by the longevity increment, holiday pay, and clothing allowance, for
111-11	the position from which he or she retired or retires.
111-12	(c)(1) Any member who retired prior to July 1, 1977 shall receive a benefits payment
111-13	adjustment equal to three percent (3%) of his or her original retirement, as determined in
111-14	subsection (b), in addition to his or her original retirement allowance. In each succeeding year
111-15	thereafter during the month of January, the retirement allowance shall be increased an additional
111-16	three percent (3%) of the original retirement allowance, not compounded, to be continued until
111-17	January 1, 1991. For the purposes of the computation, credit shall be given for a full calendar year
111-18	regardless of the effective date of the service retirement allowance. For purposes of this
111-19	subsection, the benefits payment adjustment shall be computed from January 1, 1971 or the date
111-20	of retirement, whichever is later in time.
111-21	(2) Any member of the state police who retires pursuant to the provisions of this chapter
111-22	on or after January 1, 1977, shall on the first day of January, next following the third anniversary
111-23	date of the retirement receive a benefits payment adjustment, in addition to his or her retirement
111-24	allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each
111-25	succeeding year thereafter during the month of January, the retirement allowance shall be
111-26	increased an additional three percent (3%) of the original retirement allowance, not compounded,
111-27	to be continued until January 1, 1991. For the purposes of the computation, credit shall be given
111-28	for a full calendar year regardless of the effective date of the service retirement allowance.
111-29	(3) Any retired member of the state police who is receiving a benefit payment adjustment
111-30	pursuant to subsections (1) and (2) shall beginning January 1, 1991, receive a benefits payment
111-31	adjustment equal to fifteen hundred dollars ($1,500). In each succeeding year thereafter during
111-32	the month of January, the retirement allowance shall be increased by fifteen hundred dollars
111-33	($1,500) to be continued during the lifetime of the member.
111-34	(d) The benefits payment adjustment as provided in this section shall apply to and be in
112-1	addition to the retirement benefits under the provisions of section 42-28-5, to the injury and death
112-2	benefits under the provisions of section 42-28-21, and to the death and disability payments as
112-3	provided in section 42-28-36.
112-4	(e)(1) Any member who retires after July 1, 1972 and who has served beyond twenty (20)
112-5	years shall be allowed an additional amount equal to three percent (3%) for each completed year
112-6	served after twenty (20) years, but in no event shall the original retirement allowance exceed
112-7	sixty-five percent (65%) of his or her whole salary as defined in subsection (b) hereof or sixty
112-8	five percent (65%) of his or her salary as defined in subsection (b) hereof in his or her twenty
112-9	fifth (25th) year whichever is less.
112-10	(2) Each member who retired prior to July 1, 1975, shall be entitled to all retirement
112-11	benefits as set forth above or shall be paid benefits as set forth in subsection (b)(1) with "whole
112-12	salary" meaning the base salary for the position from which he or she retired as the base salary for
112-13	the position was determined on July 1, 1975, whichever is greater.
112-14	(f)(1) Any member who retires, has served as a member for twenty (20) years or more,
112-15	and who served for a period of six (6) months or more of active duty in the armed service of the
112-16	United States or in the merchant marine service of the United States as defined in section 2 of
112-17	chapter 1721 of the Public Laws, 1946, may purchase credit for such service up to a maximum of
112-18	two (2) years; provided that any member who has served at least six (6) months or more in any
112-19	one year shall be allowed to purchase one year for such service and any member who has served a
112-20	fraction of less than six (6) months in his or her total service shall be allowed to purchase six (6)
112-21	months' credit for such service.
112-22	(2) The cost to purchase these credits shall be ten percent (10%) of the member's first
112-23	year salary as a state policeman multiplied by the number of years and/or fraction thereof of such
112-24	armed service up to a maximum of two (2) years. The purchase price shall be paid into the
112-25	general fund.
112-26	(3) There will be no interest charge provided the member makes such purchase during his
112-27	or her twentieth (20th) year or within five (5) years from May 18, 1981, whichever is later, but
112-28	will be charged regular rate of interest as defined in section 36-8-1 as amended to date of
112-29	purchase from the date of his or her twentieth (20th) year of state service or five (5) years from
112-30	May 18, 1981, whichever is later.
112-31	(4) In no event shall the original retirement allowance exceed sixty-five percent (65%) of
112-32	his or her whole salary as defined in subsection ~~(A)~~ (b) hereof, or sixty-five percent (65%) of his
112-33	or her salary as defined in subsection ~~(A)~~ (b) hereof in his or her twenty-fifth (25th) year,
112-34	whichever is less.
113-1	(g) The provisions of this section shall not apply to civilian employees in the Rhode
113-2	Island state police; and, further, from and after April 28, 1937, chapters 8 -- 10, inclusive, of title
113-3	36 shall not be construed to apply to the members of the Rhode Island state police, except as
113-4	provided by sections 36-8-3, 36-10-1.1, 42-28-22.1, and 42-28-22.2.
113-5	(h) Any other provision of this section notwithstanding, any member of the state police,
113-6	other than the superintendent of state police, who is hired prior to July 1, 2007 and, who has
113-7	served for twenty-five (25) years or who has attained the age of sixty-two (62) years, whichever
113-8	shall first occur, shall retire therefrom.
113-9	(i)(1) Any other provision of this section notwithstanding, any member of the state
113-10	police, other than the superintendent, who is hired after July 1, 2007 and who has served for
113-11	twenty-five (25) years, may retire therefrom or he or she may be retired by the superintendent
113-12	with the approval of the governor, and shall be entitled to a retirement allowance of sixty-five
113-13	percent (65%) of his or her "whole salary" as defined in subsection (b) hereof.
113-14	(2) Any member of the state police who is hired on or after July 1, 2007 may serve up to
113-15	a maximum of thirty (30) years, but in no event shall the original retirement allowance exceed
113-16	sixty-five percent (65%) of his or her "whole salary" as defined in subsection (b) hereof.
113-17	~~(i)~~(j) In calculating the retirement benefit for any member, the term base salary as used in
113-18	subsection (b)(3) shall not be affected by a deferral of salary plan or a reduced salary plan
113-19	implemented to avoid shutdowns or layoffs or to effect cost savings. Basic salary shall remain for
113-20	retirement calculation that which it would have been but for the salary deferral or salary reduction
113-21	due to a plan implemented to avoid shutdowns or layoffs or to effect cost savings.
113-22	SECTION 2. This article shall take effect as of July 1, 2007.
113-23	ARTICLE 23
113-24	RELATING TO THE RHODE ISLAND TELECOMMUNICATIONS
113-25	EDUCATION ACCESS FUND
113-26	SECTION 1. Section 39-1-61 of the General Laws in Chapter 39-1 entitled “Public
113-27	Utilities Commission” is hereby amended to read as follows:
113-28	39-1-61. Rhode Island telecommunications education access fund. – (a) Preamble.
113-29	For the past ten (10) years, the schools and libraries of Rhode Island have benefited from a
113-30	regulatory agreement with Verizon and its predecessor companies that has provided up to two
113-31	million dollars ($2,000,000) annually for support of telecommunications lines for internet access.
113-32	In addition, the funds provided for in the original regulatory agreement and every dollar
113-33	generated hereunder leverages a one dollar and twenty-seven cents ($1.27) federal E-Rate match.
113-34	With the regulatory agreement approaching its termination and the advent of more advanced
114-1	technologies, it is the intent of this section to provide a continued source of funding for internet
114-2	access for eligible public and private schools and libraries.
114-3	(b) Definitions. As used in this section, the following terms have the following meanings:
114-4	(1) "Department" means the Rhode Island department of elementary and secondary
114-5	education.
114-6	(2) "Division" means the Division of Public Utilities and Carriers.
114-7	(3) "Telecommunications education access fund" means the programs and funding made
114-8	available to qualified libraries and schools to assist in paying the costs of acquiring, installing and
114-9	using telecommunications technologies to access the internet.
114-10	(c) Purpose. The purpose of the telecommunications education access fund shall be to
114-11	fund a basic level of internet connectivity for all of the qualified schools (kindergarten through
114-12	grade 12) and libraries in the state.
114-13	(d) Authority. The division shall establish, by rule or regulation, an appropriate funding
114-14	mechanism to recover from the general body of ratepayers the costs of providing
114-15	telecommunications technology to access the internet.
114-16	(1) The general assembly shall determine the amount of a monthly surcharge to be levied
114-17	upon each residence and business telephone access line or trunk in the state, including PBX
114-18	trunks and centrex equivalent trunks and each service line or trunk, and upon each user interface
114-19	number or extension number or similarly identifiable line, trunk, or path to or from a digital
114-20	network. The department will provide the general assembly with information and
114-21	recommendations regarding the necessary level of funding to effectuate the purposes of this
114-22	article. The surcharge shall be billed by each telecommunications services provider and shall be
114-23	payable to the telecommunications services provider by the subscriber of the telecommunications
114-24	services. State, local and quasi-governmental agencies shall be exempt from the surcharge. The
114-25	surcharge shall be deposited in a restricted receipt account, hereby created within the department
114-26	of elementary and secondary education and known as the telecommunications education access
114-27	fund, to pay any and all costs associated with subsection (b)(3). The amount of the surcharge shall
114-28	not exceed thirty-five cents ($.35) per access line or trunk.
114-29	(2) The surcharge is hereby determined to be ~~twenty-six cents ($.26)~~ thirty-three cents
114-30	($.33) per access line or trunk.
114-31	(3) The amount of the surcharge shall not be subject to the sales and use tax imposed
114-32	under chapter 18 of title 44 nor be included within the gross earnings of the telecommunications
114-33	corporation providing telecommunications service for the purpose of computing the tax under
114-34	chapter 13 of title 44.
115-1	(e) Administration. The division of public utilities and carriers, with input from the
115-2	department, shall administer the telecommunications education access fund consistent with the
115-3	requirements of the Universal Service (E-Rate) program. The division of taxation shall collect
115-4	from the telecommunications service providers the amounts of the surcharge collected from their
115-5	subscribers, and shall provide the division of public utilities and carriers monthly reports
115-6	describing the amounts that have been collected. The division of public utilities and carriers shall
115-7	furnish the department with monthly reports detailing all receipt data deemed necessary by the
115-8	department for the effective operation of the E-Rate program. The department, with the approval
115-9	of the division, shall publish requests for proposals that do not favor any particular technology,
115-10	evaluate competitive bids, and select products and services that best serve the internet access
115-11	needs of schools and libraries. In doing so, the department shall endeavor to obtain all available
115-12	E-Rate matching funds. The department is further authorized and encouraged to seek matching
115-13	funds from all local, state, and federal public or private entities. The department shall approve
115-14	dispersement [disbursement] of funds under this section in accordance with the division's
115-15	directives. Unsuccessful bids may be appealed to the division. The division shall annually review
115-16	the department's disbursements from this account to ensure that the department's decisions do not
115-17	favor any competitor.
115-18	(f) Eligibility. All schools seeking support from the fund must be eligible for Universal
115-19	Service (E-Rate) support and meet the definition of "elementary school" or "secondary school" in
115-20	the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. § 8801). Schools
115-21	operating as a for-profit business or with endowments exceeding fifty million dollars
115-22	($50,000,000) are not eligible for support. All libraries seeking support from the fund must meet
115-23	the definition of "library" or "library consortium" in the Library Services and Technology Act,
115-24	P.L. 104-208, § 211 et seq., 110 Stat. 3009 (1996) and must be eligible for assistance from a state
115-25	library administrative agency under that act. Only libraries that have budgets that are completely
115-26	separate from any schools (including, but not limited to, elementary and secondary, colleges and
115-27	universities) shall be eligible to receive support. Libraries operating as a for-profit business shall
115-28	not be eligible for support.
115-29	(g) Effective date. The effective date of assessment for the telecommunications education
115-30	access fund shall be January 1, 2004.
115-31	SECTION 2. This article shall take effect as of July 1, 2008.
115-32	ARTICLE 24
115-33	RELATING TO DCYF RESIDENTIAL PLACEMENTS
115-34	SECTION 1. Chapter 42-72 of the General Laws entitled “Department of Children,
116-1	Youth and Families” is hereby amended by adding thereto the following section:
116-2	42-72-36. Residential placement capacity. – Effective January 1, 2009, and for any
116-3	day thereafter, the department’s approved capacity for out-of-home residential placements,
116-4	excluding foster homes, shall not exceed the total of one thousand (1,000) out-of-home residential
116-5	placements. The department is authorized to reinvest any savings that result from reductions in
116-6	out-of-home residential placements, into developing additional community-based services for
116-7	children and their families.
116-8	SECTION 2. This article shall take effect upon passage.
116-9	ARTICLE 25
116-10	RELATING TO DELINQUENT AND DEPENDENT CHILDREN
116-11	SECTION 1. Section 14-1-36 of the General Laws in Chapter 14-1 entitled
116-12	“Proceedings in Family Court” is hereby amended to read as follows:
116-13	14-1-36. Commitment of delinquent and wayward children. – (a) In all proceedings
116-14	under this chapter, the court may order a delinquent or wayward child to be committed to the
116-15	training school for youth for a sentence no longer than the youth’s nineteenth birthday. However,
116-16	nothing contained in this section shall be construed to prohibit the placing of any child in the
116-17	custody of the department of children, youth and families or any other agency, society, or
116-18	institution, pursuant to § 14-1-32. The commitment of delinquent or wayward children shall be by
116-19	an order and all assignments of the custody of dependent, neglected, delinquent, or wayward
116-20	children to the state training school for youth or to the custody of the department of children,
116-21	youth and families or to any of the private institutions, agencies, or societies mentioned in this
116-22	chapter shall be by a decree signed by the justice of the court by whom the order or decree is
116-23	issued, and that order or decree shall be directed to any person that the court may designate, and
116-24	shall require that person to take the child and deliver him or her to the officer in charge of the
116-25	training school for youth or to the custody of the director of children, youth and families or of the
116-26	public or private institution, agency, or society, and the order or decree shall constitute the person
116-27	charged with it, while he or she has the order in his or her possession for service, an officer for all
116-28	purposes under this chapter, in any county of the state in which it may be necessary for him or her
116-29	to go. The person charged with carrying out the order or decree shall also deliver to the officer of
116-30	the public or private institution, agency, or society or to the training school for youth or the
116-31	director of children, youth and families a copy of the order or the decree signed by the justice of
116-32	the court issuing it, and subject to the provisions of this chapter, the officer and other authorities
116-33	in charge of the training school for youth or the director of children, youth and families or any
116-34	public or private institution, agency, or society shall hold the child according to the terms of any
117-1	other order or decree that may from time to time thereafter be issued by the court in relation to the
117-2	child.
117-3	(b) Whenever the court shall commit a child to the training school for youth or to the
117-4	director of children, youth and families or any other institution or agency, it shall transmit with
117-5	the order of commitment a summary of its information concerning the child.
117-6	(c) Whenever the court finds that a child is dependent, neglected, delinquent, or
117-7	wayward, or otherwise within the provisions of this chapter, and the court has ordered the
117-8	department of children, youth and families to arrange for and/or fund educational services and/or
117-9	testing on behalf of the child, the local educational agency responsible for the child pursuant to
117-10	the provisions of § 16-64-1 et. seq., shall be responsible to reimburse the department for the costs
117-11	of providing these educational services and/or testing.
117-12	SECTION 2. This article shall take effect upon passage.
117-13	ARTICLE 26
117-14	RELATING TO SUPPLEMENTAL SECURITY INCOME
117-15	SECTION 1. Section 40-6-27 of the General Laws in Chapter 40-6 entitled "Public
117-16	Assistance Act" is hereby amended to read as follows:
117-17	40-6-27. Supplemental security income. -- (a)(1) The director of the department is
117-18	hereby authorized to enter into agreements on behalf of the state with the secretary of the
117-19	Department of Health and Human Services or other appropriate federal officials, under the
117-20	supplementary and security income (SSI) program established by title XVI of the Social Security
117-21	Act, 42 U.S.C. § 1381 et seq., concerning the administration and determination of eligibility for
117-22	SSI benefits for residents of this state, except as otherwise provided in this section. The state's
117-23	monthly share of supplementary assistance to the supplementary security income program
117-24	effective January 1, 2003, shall be as follows:
117-25	Individual living alone: $ 57.35
117-26	Individual living with others: 69.94
117-27	Couple living alone: 108.50
117-28	Couple living with others: 128.50
117-29	Individual living in state licensed residential care and assisted living facilities 575.00
117-30	Provided, however, that the department of human services shall by regulation reduce,
117-31	effective January 1, 2009, the state's monthly share of supplementary assistance to the
117-32	supplementary security income program for each of the above listed payment levels, by the same
117-33	value as the annual federal cost of living adjustment to be published by the federal social security
117-34	administration in October 2008 and becoming effective on January 1, 2009, as determined under
118-1	the provisions of title XVI of the federal social security act [42 U.S.C. Section 1381 et seq.]; and
118-2	provided further, that it is the intent of the general assembly that the January 1, 2009 reduction in
118-3	the state's monthly share shall not cause a reduction in the combined federal and state payment
118-4	level for each category of recipients in effect in the month of December 2008; and provided
118-5	further, that the department of human services is authorized and directed to provide for payments
118-6	to recipients in accordance with the above directives beginning January 1, 2009 pending formal
118-7	revisions to the above table of payment levels by the general assembly during the 2009 session of
118-8	the general assembly.
118-9	(2) Individuals living in institutions shall receive a twenty dollar ($20.00) per month
118-10	personal needs allowance from the state which shall be in addition to the personal needs
118-11	allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq.
118-12	(3) Individuals living in state licensed residential care and assisted living facilities who
118-13	are receiving SSI shall be allowed to retain a minimum personal needs allowance of fifty-five
118-14	dollars ($55.00) per month from their SSI monthly benefit prior to payment of the residential care
118-15	and assisted living facility monthly fee.
118-16	(4) The department is authorized and directed to establish rules for screening and
118-17	assessment procedures and eligibility criteria for those persons who:
118-18	(i) Have applied for or are receiving SSI, and who apply for admission to residential
118-19	care and assisted living facilities on or after October 1, 1998; or
118-20	(ii) Who are residing in residential care and assisted living facilities, and who apply for
118-21	or begin to receive SSI on or after October 1, 1998.
118-22	(5) The department shall collaborate with the department of elderly affairs to design
118-23	and implement the screening and assessment procedures as required in the above section.
118-24	(b) The department is authorized and directed to provide additional assistance to
118-25	individuals eligible for SSI benefits for:
118-26	(1) Moving costs or other expenses as a result of an emergency of a catastrophic nature
118-27	which is defined as a fire or natural disaster; and
118-28	(2) Lost or stolen SSI benefit checks or proceeds of them; and
118-29	(3) Assistance payments to SSI eligible individuals in need because of the application
118-30	of federal SSI regulations regarding estranged spouses; and the department shall provide such
118-31	assistance in a form and amount, which the department shall by regulation determine.
118-32	SECTION 2. This article shall take effect upon passage.
118-33	ARTICLE 27
118-34	RELATING TO CHILD CARE -- STATE SUBSIDIES
119-1	SECTION 1. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled “Child
119-2	Care – State Subsidies” is hereby amended to read as follows:
119-3	40-6.2-1.1. Rates Established. – (a) Subject to the payment limitations in section (b), the
119-4	maximum reimbursement rates to be paid by the departments of human services and children,
119-5	youth and families for licensed child care centers and certified family-child care providers shall
119-6	be based on the following schedule of the 75th percentile of weekly market rates:
119-7	LICENSED 75th PERCENTILE
119-8	CHILD CARE OF WEEKLY
119-9	CENTERS MARKET RATE
119-10	INFANT $182.00
119-11	PRESCHOOL $150.00
119-12	SCHOOL-AGE $135.00
119-13	CERTIFIED 75th
119-14	FAMILY PERCENTILE
119-15	CHILD CARE OF WEEKLY
119-16	PROVIDERS MARKET RATE
119-17	INFANT $150.00
119-18	PRESCHOOL $150.00
119-19	SCHOOL-AGE $135.00
119-20	(b) The department shall pay child care providers based on the lesser of the applicable
119-21	rate specified in subsection (a), or the lowest rate actually charged by the provider to any of its
119-22	public or private child care customers with respect to each of the rate categories, infant, preschool
119-23	and school-age.
119-24	~~(c) By June 30, 2004 and biennially thereafter, the department of labor and training~~
119-25	~~shall conduct an independent survey or certify an independent survey of the then current weekly~~
119-26	~~market rates for child care in Rhode Island and shall forward such weekly market rate survey to~~
119-27	~~the department of human services. The departments of human services and labor and training will~~
119-28	~~jointly determine the survey criteria including, but not limited to, rate categories and sub-~~
119-29	~~categories. The 75th percentile of weekly market rates in the table in subsection (a) shall be~~
119-30	~~adjusted by the surveys conducted under this subsection, beginning January 1, 2006 and~~
119-31	~~biennially thereafter; provided, however, that the weekly market rates in the table in subsection~~
119-32	~~(a) shall be adjusted by the 2006 market rate survey beginning July 1, 2007. For the purposes of~~
119-33	~~this section, and until adjusted in accordance with this subsection, the 75th percentile of weekly~~
119-34	~~market rate shall mean the 2002 department of human services child care market survey.~~
120-1	(d)(c) In order to expand the accessibility and availability of quality child care, the
120-2	department of human services is authorized to establish by regulation alternative or incentive
120-3	rates of reimbursement for quality enhancements, innovative or specialized child care and
120-4	alternative methodologies of child care delivery, including non-traditional delivery systems and
120-5	collaborations.
120-6	~~(e)~~(d) On or before January 1, 2007, all child care providers have the option to be paid
120-7	every two (2) weeks and have the option of automatic direct deposit and/or electronic funds
120-8	transfer of reimbursement payments.
120-9	~~(f) Beginning on September 1, 2006, the department of human services shall report~~
120-10	~~monthly to the chairpersons of the house and senate finance committees on the implementation of~~
120-11	~~this subsection.~~
120-12	SECTION 2. This article shall take effect as of July 1, 2008.
120-13	ARTICLE 28
120-14	RELATING TO CHILD CARE SERVICES
120-15	SECTION 1. Section 42-12-26 of the General Laws in Chapter 42-12 entitled
120-16	“Department of Human Services” is hereby repealed.
120-17	~~42-12-26 Expansion and enhancement of early education and care for low-income~~
120-18	~~children. – (a) The general assembly shall annually appropriate such funds as it deems necessary~~
120-19	~~to enable the department of human services to establish a program whose express purposes are:~~
120-20	~~(i) To increase the numbers of eligible children in existing Head Start program, especially~~
120-21	~~in underserved areas; and~~
120-22	~~(ii) To increase resources to child care providers for the enhancement of services to low~~
120-23	~~income children. Enhancement of services shall include social services, health, mental health,~~
120-24	~~nutrition service, parent involvement and transition services for children entering kindergarten.~~
120-25	~~(b) The director of the department of human services is further authorized to request such~~
120-26	~~appropriation for each state fiscal year as he or she deems necessary to carry out the programs~~
120-27	~~and purposes of this section.~~
120-28	~~(c) A panel comprised of the members of the children's cabinet and five (5) members of~~
120-29	~~the public, to be chosen by the chairperson of the children's cabinet, shall be responsible for~~
120-30	~~determining how the funds prescribed in this section shall be allocated; and shall by May 1, 1999~~
120-31	~~establish the methodology of enhancing comprehensive services in child care programs serving~~
120-32	~~low income children and establish the numbers of additional Head Start slots in underserved areas~~
120-33	~~to be funded; provided, however, that priority shall be given in the allocation of funds to~~
120-34	~~applicants who serve children in underserved communities; who integrate children with special~~
121-1	~~needs; who collaborate with existing early education and care programs and other existing~~
121-2	~~services including child opportunity zone family centers, schools and agencies providing health,~~
121-3	~~mental health, nutrition and social services; and who address the child care needs of the families~~
121-4	~~to be served.~~
121-5	SECTION 2. This article shall take effect as of July 1, 2008.
121-6	ARTICLE 29
121-7	RELATING TO PUBLIC UTILITIES COMMISSION
121-8	SECTION 1. Section 39-1-23.1 of the General Laws in Chapter 39-1 entitled “Public
121-9	Utilities Commission” is hereby amended to read as follows:
121-10	39-1-23.1. Motor carrier enforcement program created – Recovery of expenses
121-11	through a percentage of fines collected from motor carriers. – (a) The administrator has been
121-12	charged under this title with the responsibility of promoting adequate, economical and efficient
121-13	service by motor carriers and reasonable charges therefore without unjust discriminations, undue
121-14	preferences, or advantages, or unfair or destructive competitive practices. This legislative charge
121-15	further requires that the administrator improve the relations between, and coordinate
121-16	transportation by, and the regulations between all modes of transportation provided by the various
121-17	classes of motor carriers; develop and preserve a highway transportation system properly adapted
121-18	to the needs of the commerce of the state; and promote safety upon its publicly used highways in
121-19	the interest of its citizens.
121-20	(b) It is hereby declared that in order to enforce the statutes, rules and regulations under
121-21	which the administrator carries out his or her efforts to fulfill the mandates provided in subsection
121-22	(a), ~~general~~ appropriations shall be provided, pursuant to the assessment provision contained in §
121-23	39-1-23, for the purposes of providing the administrator with the financial means to maintain an
121-24	enforcement presence in the transportation industry. The appropriations shall be used by the
121-25	administrator to create and maintain a field enforcement staff of at least two (2) inspector-auditors
121-26	whose sole responsibilities shall be to promote and compel compliance with all applicable motor
121-27	carrier related statutes, rules and regulations. In addition to compensation for inspector-auditors,
121-28	the motor carrier enforcement appropriations may be used to purchase any materials or equipment
121-29	necessary for this field enforcement staff and any training or educational programs germane to its
121-30	regulatory functions.
121-31	~~(c) General revenue receipts shall come from the money fines and/or penalties received~~
121-32	~~by the general treasurer for violations of transportation related statutes, rules and regulations~~
121-33	~~through the compliance efforts of the inspector-auditors created in this section. The funding shall~~
121-34	~~be based upon the total dollar value of all citations issued by the administrator, whether or not~~
122-1	~~through the assistance of state or local law enforcement agencies and any fines ordered by any~~
122-2	~~judge of the district or superior courts pursuant to any plea bargaining agreements or fines~~
122-3	~~ordered by the court after trial. All revenues received pursuant to this chapter shall be deposited~~
122-4	~~as general revenues.~~
122-5	SECTION 2. Section 47-16-1 of the General Laws in Chapter 47-16 entitled “Public
122-6	Utilities Metering Devices” is hereby amended to read as follows:
122-7	47-16-1. ~~Testing of metering devices Forbidding use.~~ Forbidding use of metering
122-8	devices~~.-(a)The administrator of the division of public utilities and carriers is hereby authorized~~
122-9	~~and directed to conduct spot tests of all metering devices used in the sale of electricity, water, or~~
122-10	~~natural gas at least once a year, and the number of metering devices checked each year shall be~~
122-11	~~such as in the administrator’s judgment is necessary to constitute a fair sampling of metering~~
122-12	~~devices in use to prevent fraud or deception in the use of the devices, or to insure the accurate~~
122-13	~~measurement of those commodities in any sale.~~
122-14	~~(b)~~ Any town or city sealer of weights, measures, and balances shall have authority to
122-15	condemn and forbid the use of any metering device for the sale of electricity, water, or natural gas
122-16	in his or her respective town or city, or until the device has been duly tried and sealed, or until the
122-17	metering device has been equipped with such attachment, contrivance, or apparatus as will insure
122-18	the correct and proper functioning of the measuring device for the sale of the electricity, water, or
122-19	natural gas by accurate measurement.
122-20	SECTION 3. This article shall take effect as of July 1, 2008.
122-21	ARTICLE 30
122-22	RELATING TO MUNICIPAL ELECTIONS
122-23	SECTION 1. Sections 17-6-2, 17-6-3, and 17-6-4 of the General Laws in Chapter 17-6
122-24	entitled “Secretary of State” are hereby amended to read as follows:
122-25	17-6-2. Primary elections. – (a) the secretary of state shall, as otherwise provided by
122-26	this title, prepare, print, and distribute the following forms relating to primary elections:
122-27	(1) Declaration of candidacy;
122-28	(2) Endorsement by party;
122-29	(3) Primary nomination papers for national and state offices;
122-30	(4) Certifications of the list of local candidates where primaries are to be conducted.
122-31	(b) The secretary of state shall also receive and file primary nomination papers; and
122-32	shall consult with the state board with respect to its administration of primary elections.
122-33	(c) In all circumstances where only a special city or town election is involved or only a
122-34	special election regarding a local question is involved, the costs and expense for the preparation
123-1	of the documents set forth in subsection (a) herein shall be the obligation of that city or town.
123-2	After the election the secretary of state shall send the municipality an invoice which itemizes all
123-3	costs that had been incurred by the secretary of state for the election. Within 30 days of receipt of
123-4	the invoice the municipality shall reimburse the secretary of state. All such receipts received by
123-5	the secretary of state from the local municipality shall be deposited into the general fund.
123-6	17-6-3. Computer ballots and sample ballots. – (a) The secretary of state shall be
123-7	responsible for the arrangement, preparation, printing, and provision of all computer ballots, to be
123-8	used in conjunction with the optical scan voting equipment authorized pursuant to this title, and
123-9	sample ballots to be used at any election. The secretary of state shall deliver to the state board a
123-10	sufficient quantity of sample ballots to be used by the board in the preparation of voting
123-11	equipment for each election.
123-12	(b) In all circumstances where only a special city or town election is involved or only a
123-13	special election regarding a local question is involved, the costs and expense for the preparation
123-14	of the computer ballots and sample ballots as set forth in subsection (a) herein shall be the
123-15	obligation of that city or town. After the election the secretary of state shall send the municipality
123-16	an invoice which itemizes all costs that had been incurred by the secretary of state for the
123-17	election. Within 30 days of receipt of the invoice the municipality shall reimburse the secretary
123-18	of state. All such receipts received by the secretary of state from the local municipality shall be
123-19	deposited into the general fund.
123-20	17-6-4. Absentee, shut-in, and war ballots. – (a) the secretary of state shall prepare,
123-21	print, and furnish all application forms for absentee, shut-in, and war ballots. The secretary of
123-22	state shall arrange, print, and distribute all these ballots, together with instruction sheets and the
123-23	required envelopes, in accordance with the requirements of this title.
123-24	(b) In all circumstances where either only a special city or town election is involved or
123-25	only a special election regarding a local question is involved, the costs and expense for the
123-26	preparation of the absentee, shut-in and war ballots, as well as the instruction sheets and the
123-27	required envelopes as set forth in subsection (a) herein, shall be the obligation of that city or
123-28	town. After the election the secretary of state shall send the municipality an invoice which
123-29	itemizes all costs that had been incurred by the secretary of state for the election. Within 30 days
123-30	of receipt of the invoice the municipality shall reimburse the secretary of state. All such receipts
123-31	received by the secretary of state from the local municipality shall be deposited into the general
123-32	fund.
123-33	SECTION 2. Sections 17-15-8 and 17-15-12 of the General Laws in Chapter 17-15
123-34	entitled “Primary Elections” are hereby amended to read as follows:
124-1	17-15-8. Listing of candidates on ballots. – (a) The secretary of state shall immediately,
124-2	upon receipt of the certificates provided for by chapter 14 of this title, cause the proper ballots to
124-3	be prepared for use in the various voting districts. Names of party candidates for a particular
124-4	office shall be printed vertically below the names of the office they seek and shall not appear on
124-5	the ballot more than once for the same office; provided, the names of candidates having the
124-6	endorsement of their party committees shall be printed first below the title of the offices they seek
124-7	and shall be marked with an asterisk (*). As to each candidate, following the endorsed party
124-8	candidate, for a national office, a general office within the state, or for a general assembly office,
124-9	the names shall be listed in an order chosen by lot under the direction of the secretary of state. As
124-10	to each candidate, following the endorsed party candidate, for a city, town, or other local election,
124-11	the names shall be listed alphabetically after the name of the endorsed party candidate. In the
124-12	event that there are more candidates for a particular office than the voting machine can
124-13	accommodate in the vertical column, the names shall be continued in the same manner in the next
124-14	succeeding vertical column. Names of candidates shall be printed upon the ballots as the names
124-15	appear on the voting list, notwithstanding that the candidate may have signed his or her
124-16	declaration of candidacy other than as the candidate's name appears on the voting list.
124-17	(b) In all circumstances where only a special city or town election is involved and only
124-18	local candidates in a primary election are listed on the computer and sample ballots, the costs and
124-19	expense for the preparation of the sample ballots and computer ballots as set forth in subsection
124-20	(a) herein shall be the obligation of that city or town. After the election the secretary of state shall
124-21	send the municipality an invoice which itemizes all costs that had been incurred by the secretary
124-22	of state for the election. Within 30 days of receipt of the invoice the municipality shall reimburse
124-23	the secretary of state. All such receipts received by the secretary of state from the local
124-24	municipality shall be deposited into the general fund.
124-25	17-15-12. Ballot when contest exists. – (a) Whenever there is a contest within any
124-26	voting district, a primary election shall be held in the voting district and the names of all
124-27	candidates for state office and the names of only those candidates for local office that are
124-28	contesting a particular local office or offices shall appear on the ballots.
124-29	(b) In all circumstances where only a special city or town election is involved and only
124-30	local candidates in a primary election are listed on the computer and sample ballots, the costs and
124-31	expense for the preparation of the computer and sample ballots as set forth in subsection (a)
124-32	herein shall be the obligation of that city or town. After the election the secretary of state shall
124-33	send the municipality an invoice which itemizes all costs that had been incurred by the secretary
124-34	of state for the election. Within 30 days of receipt of the invoice the municipality shall reimburse
125-1	the secretary of state. All such receipts received by the secretary of state from the local
125-2	municipality shall be deposited into the general fund.
125-3	SECTION 3. Sections 17-19-5, 17-19-6, 17-19-6.1, 17-19-8, 17-19-8.1, and 17-19-10 of
125-4	the General Laws in Chapter 17-19 entitled “Conduct of Election and Voting Equipment, and
125-5	Supplies” are hereby amended to read as follows:
125-6	17-19-5. Printing and furnishing of computer ballots. – (a) The computer ballots to be
125-7	used at any election shall be printed and furnished at the initial expense of the state by the
125-8	secretary of state and turned over to the state board.
125-9	(b) In all circumstances where only a special city or town election is involved or only a
125-10	special election regarding a local question is involved, the costs and expense for the preparation
125-11	of the computer ballots as set for in subsection (a) herein shall be the obligation of that city or
125-12	town. After the election the secretary of state shall send the municipality an invoice which
125-13	itemizes all costs that had been incurred by the secretary of state for the election. Within 30 days
125-14	of receipt of the invoice the municipality shall reimburse the secretary of state. All such receipts
125-15	received by the secretary of state from the local municipality shall be deposited into the general
125-16	fund.
125-17	17-19-6. Ballot – Arrangement. – (a) In all cases where optical scan precinct count
125-18	units are to be used for any election, the secretary of state shall prepare a diagram of the computer
125-19	ballot to be used at the election. The diagram shall determine the manner and order in which the
125-20	ballot shall be arranged, and the diagram shall, on the day of any election, be in the possession of
125-21	the warden and available for public inspection. The diagram shall be a copy of the actual
125-22	computer ballot to be voted at the polling place.
125-23	(b) In all circumstances where only special city or town elections are involved or only a
125-24	special election regarding a local question is involved, the costs and expenses to prepare the
125-25	diagram of the computer ballot to be used, or copies thereof, as set forth in subsection (a) herein,
125-26	shall be the obligation of that city or town. After the election the secretary of state shall send the
125-27	municipality an invoice which itemizes all costs that had been incurred by the secretary of state
125-28	for the election. Within 30 days of receipt of the invoice the municipality shall reimburse the
125-29	secretary of state. All such receipts received by the secretary of state from the local municipality
125-30	shall be deposited into the general fund.
125-31	17-19-6.1. Local questions on the ballot. – (a) In all circumstances where local
125-32	questions are to be printed on the ballot, ~~they shall be printed on a distinctive colored background~~.
125-33	The first question shall be designated by the numeral I, and additional questions shall follow
125-34	numbered so that all questions submitted to the electors of the city/town shall be numbered
126-1	consecutively; provided, that whenever there are propositions of amendment of the Constitution
126-2	or any public question of statewide impact on the ballot, the statewide questions shall be listed on
126-3	the ballot numbered consecutively starting with the numeral I, and the local questions shall follow
126-4	starting with the first available number and shall be numbered consecutively.
126-5	(b) In all circumstances where only special city or town elections are involved or only a
126-6	special election regarding a local question is involved the costs and expense for the preparation of
126-7	the computer and sample ballots as set forth in subsection (a) herein shall be the obligation of that
126-8	city or town. After the election the secretary of state shall send the municipality an invoice which
126-9	itemizes all costs that had been incurred by the secretary of state for the election. Within 30 days
126-10	of receipt of the invoice the municipality shall reimburse the secretary of state. All such receipts
126-11	received by the secretary of state from the local municipality shall be deposited into the general
126-12	fund.
126-13	17-19-8. Ballots – Form. – (a) All ballots provided under this chapter shall be printed in
126-14	black ink on clear, white material in plain, clear type. Upon the ballot for questions, the statement
126-15	of the question may be abbreviated to meet the requirements of the space provided, and shall be
126-16	printed in type that can be easily read, with the words "yes" or "no" or "approved" and "reject",
126-17	whichever may be required for the voter to indicate the voter's vote for or against any question.
126-18	(b) In all circumstances where only a local special election is involved or where only a
126-19	local election is conducted on a day other than the first Tuesday after the first Monday in
126-20	November of a given year, the costs and expense for the preparation of the computer and sample
126-21	ballots as set forth in subsection (a) herein shall be the obligation of that city or town. After the
126-22	election the secretary of state shall send the municipality an invoice which itemizes all costs that
126-23	had been incurred by the secretary of state for the election. Within 30 days of receipt of the
126-24	invoice the municipality shall reimburse the secretary of state. All such receipts received by the
126-25	secretary of state from the local municipality shall be deposited into the general fund.
126-26	17-19-8.1. Ballots for voters who are blind, visually impaired or disabled. – (a) Any
126-27	voter who is blind or visually impaired or disabled is eligible to request a special ballot for voting
126-28	by mail ballot. Special mail ballots are available in Braille or tactile format.
126-29	(b) Requests must be made in writing to the local board of canvassers where the person
126-30	is registered to vote at least forty-five (45) days before the election for which the voter is
126-31	requesting the special ballot. In addition, the request will be valid for all elections held during the
126-32	calendar year in which the request was received and in which the voter is eligible to participate.
126-33	Applicants must also file the appropriate mail ballot application as required by chapter 20 of this
126-34	title for each election in which they wish to participate.
127-1	(c) The office of the secretary of state shall prepare and provide the appropriate form,
127-2	which shall be available at local boards and upon request from the office of the secretary of state.
127-3	The voter may also choose to submit his or her request in writing without using the form
127-4	provided, as long as the communication contains all of the required information. The request shall
127-5	include the following information:
127-6	(1) The name and registered address of the voter;
127-7	(2) A daytime telephone number;
127-8	(3) An indication of whether this request is for the entire calendar year or only for the
127-9	next upcoming election;
127-10	(4) The voter's political party affiliation, if the request for a special ballot is also for
127-11	primaries;
127-12	(5) Indicate the special ballot format.
127-13	(d) All requests received by local boards must be processed and forwarded to the office
127-14	of the secretary of state within twenty-four (24) hours of receipt. The secretary of state shall
127-15	maintain a list of all persons requesting special Braille or tactile mail ballots and must forward a
127-16	copy of the list to the state board of elections at least eighteen (18) days before the date of any
127-17	election.
127-18	(e) The state board may adopt rules and regulations for the procedure for the manual
127-19	reproduction of voted ballots, when necessary, and the tabulation of Braille and tactile mail
127-20	ballots.
127-21	(f) The office of the secretary of state shall be responsible for the preparation and
127-22	distribution of special Braille and tactile mail ballots. Whenever possible, the secretary of state
127-23	shall prepare the Braille or tactile mail ballot so that the voted ballot can be read by the tabulation
127-24	equipment, rather than being manually reproduced by election officials onto a machine readable
127-25	ballot.
127-26	(g) In all circumstances, where only special city or town elections are involved or only a
127-27	special election regarding a local question is involved, the costs and expense for the preparation
127-28	of the sample and official ballots as set forth in all above subsections herein shall be the
127-29	obligation of that city or town. After the election the secretary of state shall send the municipality
127-30	an invoice which itemizes all costs that had been incurred by the secretary of state for the
127-31	election. Within 30 days of receipt of the invoice the municipality shall reimburse the secretary
127-32	of state. All such receipts received by the secretary of state from the local municipality shall be
127-33	deposited into the general fund.
127-34	~~(g)~~(h) The office of the secretary of state may adopt rules and regulations setting forth
128-1	the procedure for the preparations and distribution of the Braille and tactile mail ballots.
128-2	~~(h)~~(i) The office of the secretary of state shall prepare and publish a guide describing
128-3	the types of ballots available and the manner in which each ballot can be voted. This guide shall
128-4	be revised whenever the types of ballots available are updated. This guide shall be available in
128-5	print, Braille, audio, or other accessible formats.
128-6	~~(i)~~(j) The office of the secretary of state shall establish a special Braille and tactile
128-7	ballot program for voters who are blind or visually impaired. The office of the secretary of state
128-8	shall expand the special ballot service to other voters with disabilities, as feasible, as determined
128-9	by the secretary of state, and incorporate other accessible formats as technology and resources
128-10	allow.
128-11	~~(j)~~(k) In accordance with the Help America Vote Act of 2003, the voting system at each
128-12	polling place shall be accessible for individuals with disabilities, including nonvisual accessibility
128-13	for the blind and visually impaired, in a manner that provides the same opportunity for access and
128-14	participation as for other voters.
128-15	17-19-10. Sample ballots – Contents – Distribution. – (a) The secretary of state shall
128-16	prepare a sample ballot, which shall be a copy of the computer ballot to be used. The sample
128-17	ballot shall clearly and briefly explain and illustrate the manner of casting a vote, of voting a
128-18	straight party ticket, of voting for candidates individually, and of voting upon questions. The
128-19	secretary of state shall furnish a reasonable supply of sample ballots to the state board of
128-20	elections, for public distribution upon request; and no fewer than three (3) of the sample ballots
128-21	shall be furnished for each voting place.
128-22	(b) In all circumstances where only special city or town elections are involved or only a
128-23	special election regarding a local question is involved, the costs and expense for the preparation
128-24	of the sample ballots as set forth in subsection (a) herein shall be the obligation of that city or
128-25	town. After the election the secretary of state shall send the municipality an invoice which
128-26	itemizes all costs that had been incurred by the secretary of state for the election. Within 30 days
128-27	of receipt of the invoice the municipality shall reimburse the secretary of state. All such receipts
128-28	received by the secretary of state from the local municipality shall be deposited into the general
128-29	fund.
128-30	SECTION 4. Section 17-20-12 of the General Laws in Chapter 17-20 entitled “Mail
128-31	Ballots” is hereby amended to read as follows:
128-32	17-20-12. Secretary of state to furnish forms and supplies. – (a) All mail ballots,
128-33	application forms, certified envelopes for enclosing ballots, any other envelopes that may be
128-34	necessary, and instructions as to voting, use of ballots, and affidavits, shall be furnished and
129-1	supplied by the secretary of state for use in mailing application forms, ballots, and other supplies
129-2	to mail voters to carry out the provisions of this chapter, but each local board shall print or stamp
129-3	upon the application form and upon the return envelope the address of the local board. The
129-4	secretary of state is authorized to interpret and apply the provisions of this chapter in a manner
129-5	that effects the legislative intention set forth in this chapter.
129-6	(b) In all circumstances where only special city or town elections are involved or only a
129-7	special election regarding a local question is involved, the costs and expense for the preparation
129-8	of all mail ballots, application forms, certified envelopes for enclosing ballots, any other
129-9	envelopes that may be necessary, and instructions as to voting, use of ballots, and affidavits as set
129-10	forth in subsection (a) herein shall be the obligation of that city or town. After the election the
129-11	secretary of state shall send the municipality an invoice which itemizes all costs that had been
129-12	incurred by the secretary of state for the election. Within 30 days of receipt of the invoice the
129-13	municipality shall reimburse the secretary of state. All such receipts received by the secretary of
129-14	state from the local municipality shall be deposited into the general fund.
129-15	SECTION 5. This article shall take effect upon passage.
129-16	ARTICLE 31
129-17	RELATING TO LICENSING OF HOSPITAL FACILITIES
129-18	SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17
129-19	entitled“Licensing of Health Care Facilities” is hereby amended to read as follows:
129-20	23-17-38.1. Hospitals – Licensing fee. – ~~(a) There is imposed a hospital licensing fee at~~
129-21	~~the rate of three and fifty-six hundredths percent (3.56%) upon the net patient services revenue of~~
129-22	~~every hospital for the hospital's first fiscal year ending on or after January 1, 2004. This licensing~~
129-23	~~fee shall be administered and collected by the tax administrator, division of taxation within the~~
129-24	~~department of administration, and all the administration, collection and other provisions of~~
129-25	~~chapter 50 and 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax~~
129-26	~~administrator on or before July 16, 2007 and payments shall be made by electronic transfer of~~
129-27	~~monies to the general treasurer and deposited to the general fund in accordance with § 44-50-11.~~
129-28	~~Every hospital shall, on or before June 15, 2007, make a return to the tax administrator containing~~
129-29	~~the correct computation of net patient services revenue for the hospital fiscal year ending~~
129-30	~~September 30, 2004, and the licensing fee due upon that amount. All returns shall be signed by~~
129-31	~~the hospital's authorized representative, subject to the pains and penalties of perjury.~~
129-32	~~(b)~~(a) There is imposed a hospital licensing fee at the rate of three and forty-eight
129-33	hundredths percent (3.48%) upon the net patient services revenue of every hospital for the
129-34	hospital's first fiscal year ending on or after January 1, 2006. This licensing fee shall be
130-1	administered and collected by the tax administrator, division of taxation within the department of
130-2	administration, and all the administration, collection and other provisions of chapter 50 and 51 of
130-3	title 14 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before
130-4	July 14, 2008 and payments shall be made by electronic transfer of monies to the general
130-5	treasurer and deposited to the general fund in accordance with § 44-50-11. Every hospital shall,
130-6	on or before June 16, 2008, make a return to the tax administrator containing the correct
130-7	computation of net patient services revenue for the hospital fiscal year ending September 30,
130-8	2006, and the licensing fee due upon that amount. All returns shall be signed by the hospital's
130-9	authorized representative, subject to the pains and penalties of perjury.
130-10	(b) There is also imposed a hospital licensing fee at the rate of four and ninety-four
130-11	hundredths percent (4.94%) upon the net patient services revenue of every hospital for the
130-12	hospital's first fiscal year ending on or after January 1, 2006. This licensing fee shall be
130-13	administered and collected by the tax administrator, division of taxation within the department of
130-14	administration, and all the administration, collection and other provisions of chapter 50 and 51 of
130-15	title 14 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before
130-16	July 13, 2009 and payments shall be made by electronic transfer of monies to the general
130-17	treasurer and deposited to the general fund in accordance with § 44-50-11. Every hospital shall,
130-18	on or before June 15, 2009, make a return to the tax administrator containing the correct
130-19	computation of net patient services revenue for the hospital fiscal year ending September 30,
130-20	2006, and the licensing fee due upon that amount. All returns shall be signed by the hospital's
130-21	authorized representative, subject to the pains and penalties of perjury.
130-22	(c) For purposes of this section the following words and phrases have the following
130-23	meanings:
130-24	(1) "Hospital" means a person or governmental unit duly licensed in accordance with this
130-25	chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and
130-26	primary bed inventory are psychiatric.
130-27	(2) "Gross patient services revenue" means the gross revenue related to patient care
130-28	services.
130-29	(3) "Net patient services revenue" means the charges related to patient care services less:
130-30	(i) charges attributable to charity care, (ii) bad debt expenses, and (iii) contractual allowances.
130-31	(d) The tax administrator shall make and promulgate any rules, regulations, and
130-32	procedures not inconsistent with state law and fiscal procedures that he or she deems necessary
130-33	for the proper administration of this section and to carry out the provisions, policy and purposes
130-34	of this section.
131-1	(e) The licensing fee imposed by this section shall be in addition to the inspection fee
131-2	imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-
131-3	38.1.
131-4	SECTION 2. Section 1 shall take effect on July 1, 2008 and shall apply to hospitals, as
131-5	defined in Section 1, which are duly licensed on July 1, 2008. The licensing fee imposed by
131-6	Section 1 shall be in addition to the inspection fee imposed by § 23-17-38 and to any licensing
131-7	fees previously imposed in accordance with § 23-17-38.1.
131-8	ARTICLE 32
131-9	RELATING TO PROPRIETARY SCHOOLS
131-10	SECTION 1. Sections 16-40-11 and 16-40-12 of the General Laws in Chapter 16-40
131-11	entitled “Private Schools” are hereby amended to read as follows:
131-12	16-40-11. Registration and reports of private schools. – All private schools or
131-13	institutions of learning in this state shall be registered at the office of the department of
131-14	elementary and secondary education or the office of higher education, the registry showing
131-15	location, name, officers, or persons in charge, grade of instruction, and common language used in
131-16	teaching. In addition, proprietary schools that are operated on a for-profit or a non-profit basis
131-17	(i.e., organizations, associations, corporations, partnerships or sole proprietorships) and that grant
131-18	awards only at the pre-associate certificate level shall be registered at the department of business
131-19	regulation. ~~They~~ All such schools or institutions of learning shall also make a report annually in
131-20	the month of July to the board of regents for elementary and secondary education or the board of
131-21	governors for higher education or the department of business regulation showing the number of
131-22	different pupils enrolled, the average attendance, the number of teachers employed, and any other
131-23	facts of age, attendance, and subjects of instruction taught that the appropriate board may require.
131-24	16-40-12. Schools instructing persons above compulsory school age. – All private
131-25	schools offering instruction in any academic or vocational field to students above the compulsory
131-26	school age shall be registered at the department of elementary and secondary education or the
131-27	office of higher education, the registry showing the name of the school, the location, the names of
131-28	the officers or persons in charge, the field or fields in which instruction is to be given, the rate of
131-29	tuition to be charged, and the training and experience of the teachers. In addition, proprietary
131-30	schools that are operated on a for-profit or a non-profit basis (i.e., organizations, associations,
131-31	corporations, partnerships or sole proprietorships) and that grant awards only at the pre-associate
131-32	certificate level shall be registered at the department of business regulation. These schools shall
131-33	not operate until they have received the approval of the board of regents for elementary and
131-34	secondary education or the board of governors for higher education or the department of business
132-1	regulation, and shall continue to operate only as long as the approval remains in force. These
132-2	schools shall report annually to the appropriate board or department, in the month of July, on
132-3	prescribed forms furnished by the department or office, showing the number of different pupils
132-4	enrolled, the fields of instruction covered, the length of the course, the number of teachers
132-5	employed, and any other facts that the board may require.
132-6	SECTION 2. This article shall take effect as of July 1, 2008.
132-7	ARTICLE 33
132-8	RELATING TO BUSINESS REGULATION
132-9	SECTION 1. Sections 5-38-1, 5-38-2, and 5-38-4 of the General Laws in Chapter 5-38
132-10	entitled “Automobile Body Repair Shops” are hereby amended to read as follows:
132-11	5-38-1. "Automobile body shop" defined. – Automobile body shop, referred to as
132-12	"auto body shop", includes any establishment, garage, or work area enclosed within a building
132-13	where repairs are made or caused to be made to motor vehicle bodies, including fenders,
132-14	bumpers, chassis and similar components of motor vehicle bodies as distinguished from the
132-15	~~chassis,~~ seats, motor, transmission, and other accessories for propulsion and general running gear
132-16	of motor vehicles, except as provided in § 5-38-20.
132-17	5-38-2. Duties of department of business regulation. – (a) The department of business
132-18	regulation shall issue licenses as provided for in § 5-38-6; and shall authorize the transfer of
132-19	licenses and the establishment of new offices for previously licensed auto body repair shops. ~~The~~
132-20	~~department of business regulation shall act on all complaints from consumers, the insurance~~
132-21	~~industry, and/or law enforcement agencies with regard to automobile body repair shop work.~~ In
132-22	addition to licensing, the department’s oversight of auto repair shops shall be limited to:
132-23	(1) Acting on complaints from consumers; and
132-24	(2) Establishing any rules, regulations, and procedures that it deems necessary for the
132-25	appropriate repair of vehicles; and
132-26	(3) Establishing standards for sanitary, hygienic, and healthful conditions of the work
132-27	premises and facilities used by persons licensed; and
132-28	(4) Establishing minimum equipment requirements for auto body repair shops; and
132-29	(5) Revoking, suspending, or taking other disciplinary actions with respect to facilities,
132-30	corporations or persons licensed under this chapter; and
132-31	(6) Adopting and publishing rules and procedures and other regulations in accordance
132-32	with the Administrative Procedures Act, chapter 36 of Title 42, all of which constitutes a public
132-33	record.
132-34	~~(2) The department of business regulation shall adopt reasonable rules and regulations for~~
133-1	~~the licensing of automobile body repair shops and schools for the instruction in automobile body~~
133-2	~~repair.~~
133-3	~~(b) To establish within the department of business regulation, divisions of commercial~~
133-4	~~licensing and regulation, the auto collision repair licensing advisory board consisting of nine (9)~~
133-5	~~members appointed by the governor, consisting of the following, who shall serve a term of five~~
133-6	~~(5) years:~~
133-7	~~(1) One president or his or her designee from an association of independent, non-~~
133-8	~~networked, Rhode Island auto body shops;~~
133-9	~~(2) Two (2) representatives from the department of business regulation;~~
133-10	~~(3) One from the association of new car dealers;~~
133-11	~~(4) One from the insurance industry;~~
133-12	~~(5) One from law enforcement;~~
133-13	~~(6) One from the general public; and~~
133-14	~~(7) One from the glass installation/repairers industry; and~~
133-15	~~(8) One from an association representing network or direct repair auto body repair shops.~~
133-16	~~(c) The board may adopt, amend, and rescind rules and regulations as necessary to carry~~
133-17	~~out the provisions of this chapter with the prior approval of the director.~~
133-18	~~(d) The board may oversee investigations of conduct deemed unprofessional against any~~
133-19	~~licensed facility, person, or corporation subject to this chapter and may hold hearings to~~
133-20	~~determine whether the charges are substantiated or unsubstantiated.~~
133-21	~~(e) The board may recommend to the director of the department of business regulation~~
133-22	~~that the director license qualified applicants.~~
133-23	~~(f) The board may meet at least once a month or more often upon the call of the~~
133-24	~~chairperson or director of the department of business regulation.~~
133-25	~~(g) To recommend to the director of the department of business regulation to revoke,~~
133-26	~~suspend or take other disciplinary action with respect to facilities, corporations or persons~~
133-27	~~licensed under this chapter.~~
133-28	~~(h) To adopt and publish with the prior approval of the director of the department of~~
133-29	~~business regulation rules of procedure and other regulations in accordance with the~~
133-30	~~Administrative Procedure Act, chapter 35 of title 42.~~
133-31	~~(i) The board members shall receive no compensation.~~
133-32	~~(j) Following each monthly board meeting, the board may, if consistent with the public~~
133-33	~~interest, submit any: (1) unresolved issue reasonably related to its jurisdiction under this statute to~~
133-34	~~the director of the department of business regulation for his or her review at his or her discretion;~~
134-1	~~or (2) seek a declaratory ruling pursuant to central management regulation 3 ("declaratory rulings~~
134-2	~~and petitions from the director") as to any unresolved issue within the scope of this statute.~~
134-3	~~(k) Board members shall continue to serve until their replacement is named.~~
134-4	~~(l) The director will review whether it is economically necessary and administratively~~
134-5	~~feasible for the department of business regulation to establish a labor rate for the auto collision~~
134-6	~~repair industry. Such review shall include, but not be limited to, the department of business~~
134-7	~~regulation's staffing and funding requirements. Further, the department of business regulation is~~
134-8	~~authorized to immediately retain outside consultants for such review, to be funded by the~~
134-9	~~legislature and/or the auto body collision repair industry. The director shall report his or her~~
134-10	~~findings to the legislature no later than January 1, 2006.~~
134-11	5-38-4. Practices for which license is required. – (a) ~~An annual license shall be issued~~
134-12	~~to businesses, corporations, and persons meeting the qualifications set by the auto collision repair~~
134-13	~~licensing board and paying the required fees. Qualification shall be set by the auto collision repair~~
134-14	~~licensing board and approved by the director.~~ No person, firm, or corporation shall engage within
134-15	this state in the business of auto body repairing or painting or enter into contracts for the repair,
134-16	replacing, or painting of auto bodies or parts of auto bodies or advertise o represent in any form
134-17	or manner that he, she, or it is an auto body shop unless that person, firm, or corporation
134-18	possesses a license in full force and effect from the department of business regulation specifying
134-19	that person, firm, or corporation as licensed to operate or conduct auto body shop.
134-20	~~(b) No person, firm, or corporation shall engage within this state in the business of auto~~
134-21	~~body repairing or painting or enter into contracts for the repairing, replacing, or painting of auto~~
134-22	~~bodies or parts of auto bodies or advertise or represent in any form or manner that he, she, or it is~~
134-23	~~an auto body shop unless that person, firm, or corporation possesses a license in full force and~~
134-24	~~effect from the department of business regulation specifying that person, firm, or corporation as~~
134-25	~~licensed to operate or conduct an auto body shop.~~
134-26	~~(c)~~(b) This chapter applies to every new and used motor vehicle dealer as defined in §
134-27	31-1-19, but does not apply to or require the obtaining of a license by persons, firms, or
134-28	corporations whose business is or may be limited to the making or entering into contracts for the
134-29	making of mechanical or electrical repairs or adjustments to motor vehicles.
134-30	SECTION 2. Sections 5-38-5, 5-38-6 and 5-38-7 of the General Laws in Chapter 5-38
134-31	entitled “Automobile Body Repair Shops” are hereby repealed.
134-32	~~38-5 Rules and regulations. – The auto collision repair licensing advisory board shall~~
134-33	~~with the director's approval:~~
134-34	~~(1) Establish any rules, regulations, and procedures that it deems appropriate, and all~~
135-1	~~those rules, regulations, and procedures constitute a public record.~~
135-2	~~(2) Establish standards for sanitary, hygienic, and healthful conditions of the work~~
135-3	~~premises and facilities used by persons licensed by the board.~~
135-4	~~(3) Establish minimum requirements for the licenser of auto body repair shops.~~
135-5	~~(4) Establish minimum requirements for the certification of auto repair technicians, other~~
135-6	~~than those whose work is limited to glass repair and/or replacement.~~
135-7	~~5-38-6 Applications for licenses. – Application for license shall be made in duplicate to~~
135-8	~~the department of business regulation in any form that the department requires and shall be~~
135-9	~~accompanied by the required fee and evidence of financial responsibility. The department may~~
135-10	~~require, in that application, information relating to the applicant's financial standing, the~~
135-11	~~applicant's business integrity, whether the applicant has an established place of business, whether~~
135-12	~~the applicant is properly able to conduct the business of an automobile body repair shop, and any~~
135-13	~~other pertinent information consistent with the safeguarding of the public interest in the location~~
135-14	~~in which that applicant proposes to engage in business, all of which may be considered by the~~
135-15	~~department in determining whether the granting of that application is in the public interest. In the~~
135-16	~~event of denial of an application, the filing fee paid with that application shall be refunded.~~
135-17	~~5-38-7 Duration of license – Renewal. – (a) The department shall promulgate rules and~~
135-18	~~regulations mandating the term of each license issued pursuant to this chapter; however, no~~
135-19	~~license shall remain in force for a period in excess of three (3) years.~~
135-20	~~(b) Any fee for the initial issuance or renewal of a license issued pursuant to this chapter~~
135-21	~~shall be determined by multiplying the current annual fee by the term of initial licensure or~~
135-22	~~renewal. The total fee for the entire term of licensure or renewal shall be paid at the time of~~
135-23	~~application for the license or renewal. The license shall be renewed upon payment of the renewal~~
135-24	~~fee.~~
135-25	SECTION 3. Chapter 5-38 of the General Laws entitled “Automobile Repair Shops” is
135-26	hereby amended by adding thereto the following section:
135-27	5-38-31. Reimbursement fee.-- The department of business regulation may assess
135-28	licensees of shops or insurance companies for reimbursement of actual expenses for the
135-29	investigation and hearing of significant complaints of matters relating to an automobile body
135-30	shop written in a period of one year.
135-31	SECTION 4. Chapter 5-52 of the General Laws entitled “Travel Agencies” is hereby
135-32	repealed in its entirety:
135-33	~~5-52-1 Definitions. – The following words and phrases, when used in this chapter, shall~~
135-34	~~be construed as follows:~~
136-1	~~(1) "Advertisements" includes, but is not limited to, any written or graphic representation~~
136-2	~~in any card, brochure, newspaper, magazine, directory listing, or display if the listing or display is~~
136-3	~~obtained in exchange for valuable consideration as any oral, written or graphic representations~~
136-4	~~made by radio, television, or cable broadcast.~~
136-5	~~(2) "Department" means the department of business regulation.~~
136-6	~~(3) "License" means a license issued by the state pursuant to this chapter.~~
136-7	~~(4) "Travel agency" means any resident or nonresident person, firm, corporation, or~~
136-8	~~business entity maintaining a business location or branch office in this state who offers for sale,~~
136-9	~~directly or indirectly, at wholesale or retail, including advertisements as defined in this section,~~
136-10	~~prearranged travel services for individuals or groups, in exchange for a fee, commission, or other~~
136-11	~~consideration. "Travel agency" includes any business entity offering membership in a travel club~~
136-12	~~or travel service for an advance fee or payment, even if no travel contracts or certificates or~~
136-13	~~vacation or tour packages are sold by the business entity; and also includes a for-profit~~
136-14	~~organization which acts as a travel promoter marketing or offering for sale a coupon book or the~~
136-15	~~like for travel services.~~
136-16	~~(5) "Travel agent" or "travel manager" means any person employed by a travel agency~~
136-17	~~whose principal duties include consulting with and advising persons concerning travel~~
136-18	~~arrangements or accommodations but does not include a salaried employee of a licensed travel~~
136-19	~~agency who does not arrange the purchase, accommodations or sale of travel services.~~
136-20	~~(6) "Travel services" includes, but is not limited to, car rentals, transfers, lodging and all~~
136-21	~~other services which are reasonably related to air, sea, rail, motor coach, or other transportation,~~
136-22	~~or accommodations, which a traveler obtains directly or indirectly from a travel agency, whether~~
136-23	~~offered or sold on a wholesale or retail basis.~~
136-24	~~§ 5-52-2 Qualifications for a travel agency's license. – In order to be eligible for a travel~~
136-25	~~agency license under this chapter, a person, firm or corporationmust:~~
136-26	~~(1) If an individual:~~
136-27	~~(i) Be not less than eighteen (18) years of age;~~
136-28	~~(ii) Be a person who has a good reputation for honesty, truthfulness, and fair dealing, and~~
136-29	~~who is competent and financially qualified to conduct the business of a travel agency in a manner~~
136-30	~~to safeguard the interest of the public;~~
136-31	~~(iii) Have not been convicted in any state of a felony involving theft, fraud, or breach of a~~
136-32	~~fiduciary relationship; and~~
136-33	~~(iv) Hold a valid travel manager's license as issued by the department.~~
136-34	~~(2) If a firm or corporation, it must employ an individual holding a valid travel manager's~~
137-1	~~license as issued by the department.~~
137-2	~~(3) All applicants for a travel agency license shall at all times maintain proper bond and a~~
137-3	~~fixed office as required by §§ 5-52-4 and 5-52-4.1.~~
137-4	~~§ 5-52-2.1 Qualifications for a travel manager license. – In order to be eligible for a~~
137-5	~~travel manager license under this chapter, a person must:~~
137-6	~~(1) Be not less than eighteen (18) years of age;~~
137-7	~~(2) Be a person who has a good reputation for honesty, truthfulness, and fair dealing, and~~
137-8	~~who is competent and financially qualified to conduct the business of a travel agency in a manner~~
137-9	~~to safeguard the interest of the public;~~
137-10	~~(3) Have been a travel agent for at least one year prior to applying for a travel manager~~
137-11	~~license, during which year the applicant's time was devoted to sales work within an agency for~~
137-12	~~not less than thirty-five (35) hours per week; or furnish evidence satisfactory to the director that~~
137-13	~~the applicant is certified to have completed a course of study leading to qualification as a travel~~
137-14	~~agent at a recognized educational institution; and~~
137-15	~~(4) Have not been convicted in any state of a felony involving theft, fraud, or breach of a~~
137-16	~~fiduciary relationship.~~
137-17	~~§ 5-52-3 Qualifications for a travel agent license. – In order to be eligible for a travel~~
137-18	~~agent license under this chapter, a person must:~~
137-19	~~(1) Be not less than eighteen (18) years of age;~~
137-20	~~(2) Be a person who has a good reputation for honesty, truthfulness, and fair dealing, and~~
137-21	~~who is competent to act as a travel agent in a manner to safeguard the interest of the public;~~
137-22	~~(3) Have not been convicted in any state of a felony involving theft, fraud, or breach of a~~
137-23	~~fiduciary relationship; and~~
137-24	~~(4) Be an apprentice with a licensed travel agency, or furnish evidence satisfactory to the~~
137-25	~~director that the applicant is certified to have completed a course of study leading to qualification~~
137-26	~~as a travel agent at a recognized educational institution, or provide any other evidence that the~~
137-27	~~director may deem satisfactory.~~
137-28	~~§ 5-52-4 License required – Duplicate licenses – Bond for travel agencies. – (a) No~~
137-29	~~person, firm, or corporation shall act or hold himself or herself out as a travel agency or travel~~
137-30	~~agent or travel manager unless he or she holds an unsuspended, unrevoked, license issued by the~~
137-31	~~department pursuant to the provisions of this chapter and rules and regulations adopted pursuant~~
137-32	~~to it.~~
137-33	~~(b) The license shall be conspicuously posted in the place of business. Duplicate licenses~~
137-34	~~shall be issued by the department without additional fees to valid license holders operating more~~
138-1	~~than one office.~~
138-2	~~(c) The travel agency's license issued to any corporation, partnership or association shall~~
138-3	~~designate the name of the one principal active officer of the corporation, partnership, or~~
138-4	~~association for whom that license is valid. Every other employee of that corporation, partnership,~~
138-5	~~or association other than salaried employees who do not arrange the purchase, accommodations~~
138-6	~~or sale of travel services, shall be obliged to obtain an individual license as a travel agent or~~
138-7	~~manager.~~
138-8	~~(d) All offices of travel agencies shall be managed by a person holding a valid travel~~
138-9	~~manager license.~~
138-10	~~(e) Each travel agency shall deliver and file with the department of business regulation~~
138-11	~~before a license is issued or reissued, a surety company bond in the principal sum of ten thousand~~
138-12	~~dollars ($10,000).~~
138-13	~~(2) The bond shall be written by a company recognized and approved by the~~
138-14	~~commissioner of insurance, and shall be approved by the department with respect to its form,~~
138-15	~~manner of execution, and sufficiency in due form to the state.~~
138-16	~~(3) The liability of the surety on the bond shall be limited to indemnify the claimant only~~
138-17	~~for his or her actual damage. The bond shall not limit or impair any right of recovery otherwise~~
138-18	~~available pursuant to law nor shall the amount of the bond be relevant in determining the amount~~
138-19	~~of damage or other relief to which any claimant shall be entitled. The bond shall be accessible~~
138-20	~~only after all other legal remedies have been exhausted.~~
138-21	~~(4) In the event the bond is exhausted, the travel agency shall immediately notify the~~
138-22	~~department, which causes any public notice that it deems appropriate, to be immediately given~~
138-23	~~notice.~~
138-24	~~§ 5-52-4.1 Fixed office for travel agency required. – (a) Each licensed travel agency~~
138-25	~~shall maintain a fixed office within this state which shall be located to conform with zoning laws.~~
138-26	~~(b) Each travel agency and travel agent shall state in each of its advertisements its name~~
138-27	~~and license number.~~
138-28	~~§ 5-52-4.2 Examination of applicants – Fee. – (a) The director shall require any applicant~~
138-29	~~for a travel agency or travel agent's license to submit to a written examination to show the~~
138-30	~~applicant's knowledge of reading, writing, spelling, elementary arithmetic, geography, and in~~
138-31	~~general, the means and method to arrange or book travel reservations or accommodations, tickets~~
138-32	~~for domestic or foreign travel by air, rail, ship, bus, or other medium of transportation, or hotel or~~
138-33	~~other lodging accommodations, and of the state and federal statutes and regulations relating to the~~
138-34	~~travel business. An applicant for a travel agency or travel agent's license, prior to taking the~~
139-1	~~examination, shall pay to the director an examination fee of ten dollars ($10.00).~~
139-2	~~(b) A person shall be permitted to apply for re-examination at any time upon payment of~~
139-3	~~the required fee as provided in subsection (a) of this section; the director may require that~~
139-4	~~applicant to present evidence of further study and preparation, prior to permitting a re-~~
139-5	~~examination.~~
139-6	~~(c) Any travel agency and travel agent holding a valid license on July 1, 1981, shall be~~
139-7	~~exempt from the examination provisions of this section.~~
139-8	~~§ 5-52-4.3 Apprentice permits. – (a) The department shall be authorized to issue an~~
139-9	~~apprentice permit to any person, without examination, who is qualified by reason of age and~~
139-10	~~reputation, to assist in the performance of a travel agency while under the strict supervision of~~
139-11	~~that travel agency or of a travel agent, for whose performance that travel agency and/or travel~~
139-12	~~agent shall be liable as if that performance was undertaken by that travel agency or travel agent.~~
139-13	~~(b) An apprentice permit shall be valid for a period of six (6) months from the date of~~
139-14	~~issue and may be renewed for cause shown upon proper application to the director.~~
139-15	~~(c) The fee for an apprentice permit and for each renewal shall be twenty-five dollars~~
139-16	~~($25.00).~~
139-17	~~§ 5-52-5 License fees – Transfer and renewal of licenses. – (a) All licenses issued under~~
139-18	~~this chapter shall be for a period of one year. No license shall be issued until all license fees due~~
139-19	~~are paid in full.~~
139-20	~~(b) The per annum fee for the issuance of a travel agency license for any person, firm,~~
139-21	~~partnership, or corporation shall be one hundred twenty-five dollars ($125).~~
139-22	~~(c) The per annum fee for the issuance of a travel agent or travel manager license is fifty~~
139-23	~~dollars ($50.00). The fee for a travel agent or manager license to be transferred to another travel~~
139-24	~~agency is fifteen dollars ($15.00). The fee for a duplicate license that is destroyed or mutilated is~~
139-25	~~five dollars ($5.00).~~
139-26	~~(d) No license shall be assignable or transferable except on the prior approval of the~~
139-27	~~department of business regulation.~~
139-28	~~(e) Application for renewal of a license must be received by the licensing authority no~~
139-29	~~less than twenty-one (21) days prior to expiration date, subject to the right of the licensing~~
139-30	~~authority to permit late filing upon good cause shown.~~
139-31	~~(2) Any renewal of a license shall be subject to the same provisions covering issuance,~~
139-32	~~suspension, and revocation of any license originally issued.~~
139-33	~~(3) The licensing authority may refuse to renew a license for any of the grounds stated in~~
139-34	~~§ 5-52-7 and where the past conduct of the applicant affords reasonable grounds for belief that he~~
140-1	~~or she will not carry out his or her duties in accordance with law and with integrity and honesty.~~
140-2	~~(4) The authority shall promptly notify the licensee, in writing, by certified mail of its~~
140-3	~~intent to refuse to renew the license.~~
140-4	~~(5) The licensee may, within twenty-one (21) days after receipt of that notice of intent,~~
140-5	~~request a hearing on the refusal.~~
140-6	~~(6) The licensee shall be permitted to honor commitments already made to its customers~~
140-7	~~provided that no new commitments are incurred, unless those new commitments are completely~~
140-8	~~bonded to insure that the general public is protected from loss of monies paid to the licensee.~~
140-9	~~(7) Where an applicant does not request a hearing in accordance with § 42-35-14, the~~
140-10	~~licensing authority may carry out the proposal stated in its notice.~~
140-11	~~§ 5-52-6 Obligations of a travel agency. – (a) A travel agency shall be obligated to~~
140-12	~~perform its duties reasonably and with ordinary care in providing travel services.~~
140-13	~~(b) A travel agency shall notify, or make reasonable or good faith efforts to notify, the~~
140-14	~~purchaser of travel services of any change or variation of the travel services purchased. The~~
140-15	~~notice shall be given immediately, or within a reasonable time as practicably possible, after the~~
140-16	~~travel agency is notified of each change or variation of the travel services purchased.~~
140-17	~~(c) A travel agency shall refund to any person with whom it contracts for a trip, moneys~~
140-18	~~lost by that person as a result of the breach of the duty of care pursuant to this section. The refund~~
140-19	~~shall be made within forty-five (45) days from the date it is requested.~~
140-20	~~(d) Nothing contained in this section shall restrict the right of a travel agency to refuse to~~
140-21	~~provide a refund, and to require ordinary civil adjudication of the dispute. This section does not~~
140-22	~~limit the right of the travel agency to recover from, or be indemnified by, any other party which~~
140-23	~~was responsible for the failure of all or part of the monies it refunded to the consumer pursuant to~~
140-24	~~this section.~~
140-25	~~§ 5-52-6.1 Administrative remedies – Penalties. – (a) The department may, after~~
140-26	~~opportunity for a hearing, enter an order imposing one or more of the penalties stated in~~
140-27	~~subsection (b) of this section if the department finds that a travel agency, agent, or manager has:~~
140-28	~~(1) Violated, or is operating in violation of, any of the provisions of this chapter or of the~~
140-29	~~rules and regulations adopted or orders issued pursuant to this chapter;~~
140-30	~~(2) Made a material false statement in any application, document, or record required to be~~
140-31	~~submitted or retained pursuant to this chapter or order or regulation of the department;~~
140-32	~~(3) Refused or failed, or any of its principal officers refused or failed, after notice, to~~
140-33	~~produce any document or record or disclose any information required to be produced or disclosed~~
140-34	~~under this chapter or order or regulation of the department; or~~
141-1	~~(4) Made a material false statement in response to any request or investigation by the~~
141-2	~~department or the department of attorney general.~~
141-3	~~(b) Upon a finding as stated in subsection (a) of this section the department may order~~
141-4	~~one or more of the following:~~
141-5	~~(1) Impose an administrative fine not less than one hundred dollars ($100) nor more than~~
141-6	~~five hundred dollars ($500) for each act or omission which constitutes a violation of this chapter~~
141-7	~~or the rules and regulations of the department;~~
141-8	~~(2) Direct that the travel agency, agent, or manager cease and desist specified activities;~~
141-9	~~(3) Refuse to register, or cancel, or suspend a registration;~~
141-10	~~(4) Place the registrant on probation for a period of time, subject to any conditions that~~
141-11	~~the department may specify; or~~
141-12	~~(5) Cancel an exemption granted under § 5-52-11.~~
141-13	~~(c) Administrative proceedings which may result in the entry of an order imposing any of~~
141-14	~~the sanctions specified in subsection (b) of this section shall be governed by the Administrative~~
141-15	~~Procedures Act, chapter 35 of title 42.~~
141-16	~~§ 5-52-7 Grounds for suspension or revocation of licenses. – A license issued pursuant to~~
141-17	~~this chapter may be suspended or revoked by the department of business regulation for any one or~~
141-18	~~more of the following causes:~~
141-19	~~(1) Conviction of any crime involving moral turpitude;~~
141-20	~~(2) Fraud or bribery in securing a license issued pursuant to this chapter;~~
141-21	~~(3) Failing to display the license as provided in this chapter;~~
141-22	~~(4) Violating any provision of this chapter or of any rule or regulation adopted under it;~~
141-23	~~(5) Publishing or circulating any statement with the intent to deceive, misrepresent, or~~
141-24	~~mislead the public;~~
141-25	~~(6) Committing any fraud or fraudulent practice in the operation and conduct of a travel~~
141-26	~~agency business, including, but not limited to, intentionally misleading advertising;~~
141-27	~~(7) Aiding or abetting any person, firm, or corporation not licensed in this state in the~~
141-28	~~business of conducting a travel agency.~~
141-29	~~§ 5-52-7.1 Nonresident travel agency – Designated attorney for service of process. Every~~
141-30	~~nonresident travel agency and travel agent soliciting business in the state, by mail, telephone, or~~
141-31	~~otherwise, either directly or indirectly, shall be deemed to have appointed the director of business~~
141-32	~~regulation as his or her true and lawful attorney upon whom may be served all lawful processes in~~
141-33	~~any action or proceeding against that nonresident arising or growing out of any transaction~~
141-34	~~involving travel and related services as stated in § 5-52-1(4). That solicitation shall be a~~
142-1	~~signification of the nonresident's agreement that any process against him or her which is served as~~
142-2	~~provided in this section is of the same legal force and validity as if served on him or her~~
142-3	~~personally.~~
142-4	~~§ 5-52-7.2 Service on nonresident. – (a) Service of process upon a nonresident travel~~
142-5	~~agency or travel agent shall be made by leaving a copy of the process with a fee of five dollars~~
142-6	~~($5.00) in the hands of the director, or in his or her office with some one acting in his stead as the~~
142-7	~~director, and that service shall be sufficient service upon the nonresident~~
142-8	~~(b) Notice of that service and a copy of the process shall be sent by registered or certified~~
142-9	~~mail prior to service, or immediately after service, by the plaintiff or his or her attorney of record~~
142-10	~~to the defendant at the address given by the nonresident in any solicitation furnished by him or~~
142-11	~~her.~~
142-12	~~(c) The sender's post office receipt of sending, and the plaintiff's or his or her attorney's~~
142-13	~~affidavit of compliance with this section shall be returned with the process in accordance with~~
142-14	~~applicable procedural rules.~~
142-15	~~(d) Notwithstanding the preceding requirements, once service has been made on the~~
142-16	~~director as provided in subsection (a) of this section, the court shall have the authority, in the~~
142-17	~~event of failure to comply with the requirement of notice to that nonresident, to order that notice~~
142-18	~~as is sufficient to apprise him or her of the pendency of the suit against him or her; and in~~
142-19	~~addition, may extend the time for answering by that nonresident.~~
142-20	~~(e) It is also sufficient if that notice and a copy of the process are served upon the~~
142-21	~~defendant outside the state in accordance with applicable procedural rules.~~
142-22	~~§ 5-52-7.3 Nonresident travel agencies. – Nonresident travel agencies who do not~~
142-23	~~maintain a business location or branch office in this state and who offer for sale, directly or~~
142-24	~~indirectly at wholesale or retail including advertisements as defined in this chapter, prearranged~~
142-25	~~travel services for individuals or groups in this state, in exchange for a fee, commission, or other~~
142-26	~~consideration shall not be required to be licensed under the provisions of this chapter. These~~
142-27	~~nonresident travel agencies shall include in all advertisements pertaining to the offering of travel~~
142-28	~~services the following disclaimer: " NOTICE. (name of firm) IS NOT LICENSED OR BONDED~~
142-29	~~AS A TRAVEL AGENCY IN THE STATE OF RHODE ISLAND". This section does not apply~~
142-30	~~to advertisements, which are disseminated or distributed on a national level.~~
142-31	~~§ 5-52-8 Report of agents employed to department of business regulation. – (a) Any~~
142-32	~~licensed travel agency, within thirty (30) days after issuance of a license, shall file with the~~
142-33	~~department of business regulation a list of names and addresses of licensed travel agents~~
142-34	~~employed by that travel agency. Notice of any change in these employees shall be given to the~~
143-1	~~department of business regulation within ten (10) days after that change.~~
143-2	~~(b) Travel agent or travel manager licenses issued by the department must be surrendered~~
143-3	~~to the department by the agent or manager upon termination of employment. Willful and knowing~~
143-4	~~refusal upon request of the department or the agency to return an agent or manager license shall~~
143-5	~~be a misdemeanor punishable by a fine of not more than five hundred dollars ($500).~~
143-6	~~§ 5-52-9 Penalty for operating without license. – Any person, firm, or corporation who~~
143-7	~~engages in the business of conducting a travel agency or acts as a travel agent without obtaining a~~
143-8	~~license as provided by this chapter, is guilty of a misdemeanor and upon conviction shall be fined~~
143-9	~~not more than five hundred dollars ($500).~~
143-10	~~§ 5-52-10 Revocation of license for breach of fiduciary relationship. – If any person~~
143-11	~~recovers any amount in settlement of a claim or toward satisfaction of a judgment against a~~
143-12	~~licensed travel agency or travel agent involving the breach of a fiduciary relationship between the~~
143-13	~~customer and a travel agency or travel agent, the license of that travel agency or travel agent shall~~
143-14	~~be automatically revoked and this travel agency or travel agent shall not be eligible to receive a~~
143-15	~~new license until they have repaid in full. A discharge of bankruptcy or receivership does not~~
143-16	~~relieve a person from the penalties of this section.~~
143-17	~~§ 5-52-11 Persons exempt. – (a) This chapter does not prohibit any group or association~~
143-18	~~from conducting four (4) or less tours within a year nor does this chapter prohibit any school~~
143-19	~~system, fraternal organization or similar type of group to conduct a tour where tours are~~
143-20	~~conducted without remuneration in any form to the organization or to any individual and does not~~
143-21	~~include the general public. Exempt groups, when conducting a tour, shall register with the~~
143-22	~~department and give to each member of the group written notice that may be deemed appropriate~~
143-23	~~by the department to include a warning that the group is not licensed, bonded or regulated by this~~
143-24	~~chapter. Remuneration shall include but is not limited to: commissions, free trips, reduced rates~~
143-25	~~for future trips, rebates and bonuses or any other valuable consideration. The provisions of this~~
143-26	~~chapter do not apply to federal, state, city, or town-sponsored tours and tours sponsored by~~
143-27	~~regional tourism development organizations pursuant to any provisions of the general or public~~
143-28	~~laws or local ordinance.~~
143-29	~~(2) Nothing in this chapter shall prohibit a licensed travel agent or manager from~~
143-30	~~conducting a tour and receiving remuneration.~~
143-31	~~(b) This chapter shall not apply to:~~
143-32	~~(1) Any direct common carrier of passengers or property regulated by an agency of the~~
143-33	~~federal government or employees of the carrier when engaged solely in the transportation~~
143-34	~~business of the carrier as identified in the carrier's certificate;~~
144-1	~~(2) An intrastate common carrier of passengers or property selling only transportation as~~
144-2	~~defined in the applicable state or local registration or certification, or employees of the carrier~~
144-3	~~when engaged solely in the transportation business of the carrier;~~
144-4	~~(3) Hotels, motels, or other places of public accommodation selling public~~
144-5	~~accommodations, or employees of the hotels, motels, or other places of public accommodations,~~
144-6	~~when engaged solely in making arrangements for lodging, accommodations, or sightseeing tours~~
144-7	~~within the state, or taking reservations for the traveler with times, dates, locations, and~~
144-8	~~accommodations certain at the time the reservations are made;~~
144-9	~~(4) Persons involved solely in the rental, leasing, or sale of residential property;~~
144-10	~~(5) Persons involved solely in the rental, leasing, or sale of transportation vehicles;~~
144-11	~~(6) Persons who make travel arrangements for themselves or their employees or agents.~~
144-12	~~§ 5-52-12 Restraining orders. – The attorney general of the state may bring an action on~~
144-13	~~behalf of the state or the general public to restrain or prevent any violation of this chapter.~~
144-14	~~§ 5-52-13 Regulations promulgated by department. – The department of business~~
144-15	~~regulation shall make other administrative regulations and guidelines which they deem necessary~~
144-16	~~to remove fraud and deception under those covered by this chapter, and for the examination and~~
144-17	~~determination of the qualification of applicants as provided in §§ 5-52-4.2 and 5-52-4.3. Those~~
144-18	~~regulations and guidelines shall be established pursuant to chapter 35 of title 42 relating to~~
144-19	~~administrative procedures.~~
144-20	~~§ 5-52-14 Severability. – If any provision of this chapter or of any rule or regulation~~
144-21	~~made under this chapter, or the application of this chapter to any person or circumstances, is held~~
144-22	~~invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation, and~~
144-23	~~the application of that provision to other persons or circumstances, shall not be affected.~~
144-24	~~§ 5-52-15 Commission – Creation – Composition – Appointment and terms of members.~~
144-25	~~– (a) Within the department of business regulation, there is created the Rhode Island travel~~
144-26	~~commission, referred to as "the commission", consisting of seven (7) persons, one from each~~
144-27	~~county to be appointed by the governor, and each of whom has been a citizen of this state for at~~
144-28	~~least ten (10) years prior to the date of appointment, and has been engaged as a licensed travel~~
144-29	~~agent or manager in this state for at least five (5) years prior to the date of appointment. One~~
144-30	~~member shall be a licensed travel tour operator appointed by the governor. Two (2) members~~
144-31	~~shall be appointed for one year; two (2) members shall be appointed for two (2) years; and two~~
144-32	~~(2) members shall be appointed for three (3) years; beginning on December 31, 1994. Successors~~
144-33	~~of all members shall be appointed by the governor for terms of three (3) years each and until their~~
144-34	~~successors are appointed and qualify by subscribing to the constitutional oath of office, which~~
145-1	~~shall be filed with the secretary of state. Members to fill vacancies shall be appointed for the~~
145-2	~~unexpired term. No member may be appointed to succeed himself or herself for more than two~~
145-3	~~(2) full terms. The director of the department or his or her designee shall serve as an ex-officio~~
145-4	~~member of the commission and shall have full voting powers. Upon qualification of the members~~
145-5	~~appointed, the commission shall organize by selecting from its members a chairperson. The~~
145-6	~~members of the commission shall serve without compensation.~~
145-7	~~(b) The commission shall adopt reasonable rules and regulations to carry out its purposes.~~
145-8	~~The department with the assistance of the commission shall implement a re-certification program~~
145-9	~~on or before January 1, 1996 and shall establish the reasonable rules and regulations that may be~~
145-10	~~appropriate for that program to insure that education and practice requirements of license holders~~
145-11	~~meet the public interest.~~
145-12	~~(c) All records of the commission shall be open to public inspection under the reasonable~~
145-13	~~rules and regulations that it prescribes.~~
145-14	~~(d) The commission has a policy-making role in the preparation and composition of the~~
145-15	~~examinations to be administered by the department. Subsequent to the administration of the~~
145-16	~~examination, the commission shall review the examinations to evaluate their effectiveness. All~~
145-17	~~travel agents and travel agencies licensed as of June 22, 1994 shall be exempt from the continuing~~
145-18	~~education requirements stated in this chapter.~~
145-19	SECTION 5. Sections 5-57-2, 5-57-3, and 5-57-9 of the General Laws in Chapter 5-57
145-20	entitled “Burglar and Hold-Up Alarm Businesses” are hereby amended to read as follows:
145-21	5-57-2. Definitions. – For the purpose of this chapter, the following terms, phrases,
145-22	words and their derivations have the meaning given in this chapter. When not inconsistent with
145-23	the context, words used in the plural number include the singular number and words used in the
145-24	singular number include the plural number:
145-25	(1) "Alarm agent" means any individual employed within this state by an alarm business,
145-26	whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling or
145-27	servicing of an alarm system or responding to or causing others to respond to an alarm system.
145-28	(2) "Alarm business" means and includes any business, both resident and non-resident,
145-29	engaged in the installation, maintenance, alteration, repair, replacement, or servicing of alarm
145-30	systems or which responds to or causes others to respond to those alarm systems at a protected
145-31	premises within this state. Any "alarm business" licensed under this chapter must maintain a
145-32	twenty-four (24) hour per day service structure, the terms and conditions of which or procedures
145-33	for implementation are established by the licensing authority through rules and regulations.
145-34	(3) "Alarm system" means an assembly of equipment and devices (or a single device such
146-1	as a solid state unit which plugs directly into a 110-volt AC line) designed to detect and signal an
146-2	unauthorized intrusion into premises or to signal an attempted robbery at premises and with
146-3	respect to that signal police or private guards are expected to respond. Fire alarm systems and
146-4	alarm systems which monitor temperature, humidity, or any other condition not directly related to
146-5	the detection of an unauthorized intrusion into premises or an attempted robbery at premises are
146-6	excluded from the provisions of this chapter.
146-7	(4) "Department" means the ~~department of business regulation~~ division of professional
146-8	regulation within the department of labor and regulation.
146-9	(5) "Director" means the director of the ~~department of business regulation~~ labor and
146-10	training.
146-11	(6) "Licensing authority" means the ~~department of business regulation~~ labor and training.
146-12	(7) "Notify by mail", when used to notify applicant of approval of license or I.D. card; or
146-13	when used to forward license or permanent I.D. card to licensee or I.D. card holder means first
146-14	class mail. When used to notify applicant, licensee, or I.D. card holder of intent to refuse or deny
146-15	application, or suspend or revoke the license or I.D. card, or to notify a licensee, applicant, or I.D.
146-16	card holder of final, refusal, denial, suspension, or revocation of that application, license or I.D.
146-17	card, the term "notify by mail" means certified mail, return receipt requested.
146-18	(8) "Owner" means a person who holds an interest of twenty-five percent (25%), directly
146-19	or indirectly, or more in an alarm business.
146-20	(9) "Person" means an individual, firm, partnership, corporation, or organization of any
146-21	nature.
146-22	(10) "Principal corporate officer" means the president, vice president, treasurer, secretary
146-23	and comptroller as well as any other person who performs functions for the corporation
146-24	corresponding to those performed by the preceding officers.
146-25	(11) "Subscriber" means a person or business, which buys or obtains an alarm system and
146-26	has a contract with an alarm business to monitor and/or service the alarm system.
146-27	5-57-3. Licensing authority – Creation. – The department of ~~business regulation~~ labor
146-28	and training shall carry out the functions and duties conferred upon it by this chapter and shall be
146-29	referred to, in that context, as "the licensing authority".
146-30	5-57-9. Licensing authority – Staff. – The director of ~~business regulation~~ labor and
146-31	training has the authority to hire and terminate the clerical and professional personnel, including a
146-32	chief licensing examiner, to handle daily operations of the licensing authority that are necessary
146-33	to enable it to fulfill its mandate under the provisions of this chapter. All the expenses shall be
146-34	paid out of the general fund, and the state controller is authorized and directed to draw his or her
147-1	orders upon the general treasurer upon receipt by him or her of properly authenticated vouchers
147-2	signed by the director~~, or deputy director of the department of business regulation~~.
147-3	SECTION 6. This article shall take effect as of July 1, 2008.
147-4	ARTICLE 34
147-5	RELATING TO CHILDHOOD IMMUNIZATION AND KIDSNET
147-6	SECTION 1. Section 23-1-44 of the General Laws in Chapter 23-1 entitled "Department
147-7	of Health" is hereby amended to read as follows:
147-8	23-1-44. Routine childhood and adult immunization vaccines. – (a) The department
147-9	of health shall include in the department's immunization program those vaccines for routine
147-10	childhood immunization as recommended by the advisory committee for immunization practices
147-11	(ACIP) and the academy of pediatrics (AAP), and for adult influenza immunization as
147-12	recommended by the ACIP, to the extent permitted by available funds. The childhood
147-13	immunization program includes administrative and quality assurance services and KIDSNET, a
147-14	confidential, computerized child health information system that is used to manage statewide
147-15	immunizations, as well as other public health preventive services, for all children in Rhode Island
147-16	from birth through age 18.
147-17	(b) The director of the department of health shall appoint an advisory committee that will
147-18	be convened after the ACIP makes a recommendation regarding adult immunization. The
147-19	committee will review the ACIP recommendations for the state, assess the vaccine cost and
147-20	feasibility, and advise the director of health and the office of the health insurance commissioner
147-21	regarding insurers and providers acting on the ACIP adult immunization recommendation. All
147-22	recommendations will be posted on the department of health website. The advisory committee
147-23	membership shall include, but not be limited to, a primary care provider, pharmacist,
147-24	representatives of the nursing home industry, the home health care industry and major insurers.
147-25	SECTION 2. Section 23-1-45 of the General Laws in Chapter 23-1 entitled "Department
147-26	of Health" is hereby amended to read as follows:
147-27	23-1-45. Immunization account. – (a) There is created within the general fund a
147-28	restricted receipt account to be known as the "childhood immunization account". All money in
147-29	the account shall be utilized by the department of health to effectuate the provisions of § 23-1-44
147-30	that relate to the childhood immunization program. All money received pursuant to §§ 23-1-46
147-31	and 23-1-47 for the childhood immunization program shall be deposited in the childhood
147-32	immunization account. Funding dedicated exclusively to effectuate the provisions of § 23-1-44
147-33	and this subsection received by the department of health from sources other than those identified
147-34	in §§ 23-1-46 and 23-1-47 may also be deposited in the childhood immunization account. Up to
148-1	15% of the annual revenues from this account may be used to support costs associated with
148-2	childhood immunization program administrative and quality assurance services and KIDSNET.
148-3	The general treasurer is authorized and directed to draw his or her orders on the account upon
148-4	receipt of properly authenticated vouchers from the department of health.
148-5	(b) There is created within the general fund a restricted receipt account to be known as
148-6	the "pandemic medications and equipment account" for the purposes of funding pandemic
148-7	medications and equipment. There shall be an expenditure in FY 2007 not to exceed one million
148-8	dollars ($1,000,000) for pandemic influenza medications and equipment. Funding dedicated
148-9	exclusively to effectuate the provisions of this subsection and received by the department of
148-10	health from sources other than those identified in §§ 23-1-45, 23-1-46 and 23-1-47 may also be
148-11	deposited in the pandemic medications and equipment account. The general treasurer is
148-12	authorized and directed to draw his or her orders on the account upon receipt of properly
148-13	authenticated vouchers from the department of health.
148-14	(c) There is created within the general fund a restricted receipt account to be known as
148-15	the "adult immunization account". All funds in the account shall be utilized by the department of
148-16	health to effectuate the provisions of § 23-1-44 that relate to the adult immunization program. All
148-17	funds received for adult immunization programs pursuant to §§ 23-1-46 and 23-1-47 shall be
148-18	deposited in the adult immunization account. Funding dedicated exclusively to effectuate the
148-19	provisions of this subsection and received by the department of health from sources other than
148-20	those identified in §§ 23-1-46 and 23-1-47 may also be deposited in the adult immunization
148-21	account. The general treasurer is authorized and directed to draw his or her orders on the account
148-22	upon receipt of properly authenticated vouchers from the department of health.
148-23	SECTION 3. This article shall take effect as of July 1, 2008.
148-24	ARTICLE 35
148-25	RELATING TO RETIREMENT OF JUSTICES AND JUDGES
148-26	SECTION 1. Chapter 8-3 of the General Laws entitled “Justices of the Supreme,
148-27	Superior, and Family Courts” is hereby amended by adding thereto the following section:
148-28	8-3-20. Offset of social security benefits. -- Notwithstanding any provisions to the
148-29	contrary, any person who has served under this title as a justice or judge subsequent to July 1,
148-30	2008 and who has received state retirement benefits under the provisions of this title, shall have
148-31	his or her retirement allowance reduced or offset by any amount that the person subsequently
148-32	receives as a payment under the terms of the Social Security Act, contained in 42 U.S.C. § 1396,
148-33	et.seq., as amended.
148-34	(b) In order to implement this requirement the state retirement board is authorized to
149-1	promulgate rules and regulations in accordance with § 36-8-3 of the general laws.
149-2	SECTION 2. Chapter 8-8 of the General Laws entitled “District Court” is hereby
149-3	amended by adding thereto the following section:
149-4	8-8-33. Offset of social security benefits. -- Notwithstanding any provisions to the
149-5	contrary, any person who has served under this title as a judge subsequent to July 1, 2008 and
149-6	who has received state retirement benefits under the provisions of this title, shall have his or her
149-7	retirement allowance reduced or offset by any amount that the person subsequently receives as a
149-8	payment under the terms of the Social Security Act, contained in 42 U.S.C. § 1396, et.seq., as
149-9	amended.
149-10	(b) In order to implement this requirement the state retirement board is authorized to
149-11	promulgate rules and regulations in accordance with § 36-8-3 of the general laws.
149-12	SECTION 3. Chapter 28 of Title 30 of the General Laws entitled “Workers’
149-13	Compensation Court” is hereby amended by adding thereto the following section:
149-14	28-30-25. Offset of social security benefits. -- Notwithstanding any provisions to the
149-15	contrary, any person who has served under this title as a judge subsequent to July 1, 2008 and
149-16	who has received state retirement benefits under the provisions of this title, shall have his or her
149-17	retirement allowance reduced or offset by any amount that the person subsequently receives as a
149-18	payment under the terms of the Social Security Act, contained in 42 U.S.C. § 1396, et.seq., as
149-19	amended.
149-20	(b) In order to implement this requirement the state retirement board is authorized to
149-21	promulgate rules and regulations in accordance with § 36-8-3 of the general laws.
149-22	SECTION 4. This article shall take effect upon passage.
149-23	ARTICLE 36
149-24	RELATING TO COLLECTIVE BARGAINING FISCAL IMPACT STATEMENTS
149-25	SECTION 1. Chapter 16-2 of the General Laws entitled "School Committees and
149-26	Superintendents" is hereby amended by adding thereto the following section:
149-27	16-2-21.6. Collective bargaining fiscal impact statements. – (a) Prior to executing any
149-28	collective bargaining agreement between a school committee and representatives of teachers
149-29	and/or other school employees, the school committee shall prepare or cause to be prepared a
149-30	collective bargaining fiscal impact statement in conformity with guidelines prepared by the
149-31	division of revenue. These statements shall set forth, in dollar amounts, estimates of the fiscal
149-32	impact, during the term of the proposed agreement and for the next two (2) succeeding fiscal
149-33	years, of the proposed agreement. No comment or opinion relative to the merits of the terms of
149-34	the contract shall be included, except that technical or mechanical errors or defects may be noted.
150-1	(b) Each collective bargaining fiscal impact statement shall be submitted to the auditor
150-2	general, who shall review the statement; and
150-3	(1) note his or her approval as to accuracy and reliability of the dollar estimates contained
150-4	therein; and
150-5	(2) append such comments or exceptions as he or she may deem appropriate.
150-6	(c) Following receipt of the materials submitted by the auditor general pursuant to
150-7	subsection (b) and prior to the execution of any such collective bargaining agreement, the school
150-8	committee shall conduct a public hearing for the purpose of considering the collective bargaining
150-9	fiscal impact statement that has been prepared and reviewed in accordance with subsections (a)
150-10	and (b).
150-11	SECTION 2. Chapter 45-5 of the General Laws entitled "Councils and Governing
150-12	Bodies" is hereby amended by adding thereto the following section:
150-13	45-5-22. Collective bargaining fiscal impact statements. – (a) Prior to executing any
150-14	collective bargaining agreement between a city or town and representatives of police personnel,
150-15	firefighters, and/or other municipal employees, (other than teachers and/or other school
150-16	employees), the city or town council shall prepare or cause to be prepared a collective bargaining
150-17	fiscal impact statement in conformity with guidelines prepared by the division of revenue. These
150-18	statements shall set forth, in dollar amounts, estimates of the fiscal impact, during the term of the
150-19	proposed agreement and for the next two (2) succeeding fiscal years, of the proposed agreement.
150-20	No comment or opinion relative to the merits of the terms of the contract shall be included, except
150-21	that technical or mechanical errors or defects may be noted.
150-22	(b) Each collective bargaining fiscal impact statement shall be submitted to the auditor
150-23	general, who shall review the statement; and
150-24	(1) note his or her approval as to accuracy and reliability of the dollar estimates contained
150-25	therein; and
150-26	(2) append such comments or exceptions as he or she may deem appropriate.
150-27	(c) Following receipt of the materials submitted by the auditor general pursuant to
150-28	subsection (b) and prior to the execution of any such collective bargaining agreement, the city or
150-29	town council shall conduct a public hearing for the purpose of considering the collective
150-30	bargaining fiscal impact statement that has been prepared and reviewed in accordance with
150-31	subsections (a) and (b).
150-32	SECTION 3. This article shall take effect upon passage.
150-33	ARTICLE 37
150-34	RELATING TO CRIME VICTIMS’ COMPENSATION FUND
151-1	SECTION 1. Section 12-25-8 of the General Laws in Chapter 12-25 entitled “Criminal
151-2	Injuries Compensation” is hereby amended to read as follows:
151-3	12-25-28. Special indemnity account for criminal injuries compensation. – (a) It is
151-4	provided that the general treasurer establish a violent crimes indemnity account within the general
151-5	fund for the purpose of paying awards granted pursuant to this chapter. The court shall assess as
151-6	court costs in addition to those provided by law, against all defendants charged with a felony,
151-7	misdemeanor, or petty misdemeanor, whether or not the crime was a crime of violence, and who
151-8	plead nolo contendere, guilty or who are found guilty of the commission of those crimes as
151-9	follows:
151-10	(1) Where the offense charged is a felony and carries a maximum penalty of five (5) or
151-11	more years imprisonment, one hundred and fifty dollars ($150) or fifteen percent (15%) of any
151-12	fine imposed on the defendant by the court, whichever is greater.
151-13	(2) Where the offense charged is a felony and carries a maximum penalty of less than five
151-14	(5) years imprisonment, ninety dollars ($90.00) or fifteen percent (15%) of any fine imposed on
151-15	the defendant by the court, whichever is greater.
151-16	(3) Where the offense charged is a misdemeanor, thirty dollars ($30.00) or fifteen percent
151-17	(15%) of any fine imposed on the defendant by the court, whichever is greater.
151-18	(b) These costs shall be assessed whether or not the defendant is sentenced to prison and
151-19	in no case shall they be waived by the court.
151-20	(c) When there are multiple counts or multiple charges to be disposed of simultaneously,
151-21	the judge shall have the authority to suspend the obligation of the defendant to pay on all counts
151-22	or charges above three (3).
151-23	(d) Up to ~~five percent (5%)~~ fifteen percent (15%) of the state funds raised under this
151-24	section, as well as federal matching funds, shall be available to pay administrative expenses
151-25	necessary to operate this program. Federal funds for this purpose shall not supplant currently
151-26	available state funds, as required by federal law.
151-27	SECTION 2. This article shall take effect upon passage.
151-28	ARTICLE 38
151-29	RELATING TO MUNICIPAL TIPPING FEES
151-30	SECTION 1. Section 39-3-11.2 of the General Laws in Chapter 39-3 entitled
151-31	"Regulatory Powers of Administration" is hereby amended to read as follows:
151-32	39-3-11.2. Interim rates. -- Notwithstanding the provisions of titles 23 and 39, the
151-33	municipal tipping fee charged by the resource recovery corporation shall be thirty-two dollars
151-34	($32.00) per ton from July 1, ~~2007~~ 2008 to June 30, ~~2008~~ 2009.
152-1	SECTION 2. This article shall take effect as of July 1, 2008.
152-2	ARTICLE 39
152-3	RELATING TO NEWBORN SCREENING PROGRAM
152-4	SECTION 1. Sections 23-13-13 and 23-13-14 of the General Laws in Chapter 23-13
152-5	entitled “Maternal and Child Health Services for Children with Special Health Care Needs” are
152-6	hereby amended to read as follows:
152-7	23-13-13. Testing for hearing impairments. – (a) It is declared to be the public policy
152-8	of this state that every newborn infant be evaluated by procedures approved by the state
152-9	department of health for the detection of hearing impairments, in order to prevent many of the
152-10	consequences of these disorders. No hearing impairment test shall be made as to any newborn
152-11	infant if the parents of that child object to the test on the grounds that a hearing impairment test
152-12	would conflict with their religious tenets or practices.
152-13	(b) The physician attending a newborn child shall cause the child to be subject to
152-14	hearing impairment tests as described in department of health regulations.
152-15	(c) In addition, the department of health is authorized to establish by rules and
152-16	regulations a reasonable fee structure for hearing impairment testing to cover program costs not
152-17	otherwise covered by federal grant funds specifically secured for this purpose. This testing shall
152-18	be a covered benefit reimbursable by all health insurers, as defined in § 27-38-6 [repealed] except
152-19	for supplemental policies that only provide coverage for specific diseases, hospital indemnity,
152-20	Medicare supplement, or other supplemental policies. The department of human services shall
152-21	pay for hearing impairment testing when the patient is eligible for medical assistance under the
152-22	provisions of chapter 8 of title 40. In the absence of a third party payor the charges for hearing
152-23	impairment testing shall be paid by the hospital or other health care facility where the birth
152-24	occurred. Nothing in this section shall preclude the hospital or health care facility from billing the
152-25	patient directly. Those fees shall be deposited into ~~the general fund as general revenues.~~ a
152-26	restricted receipt account entitled the “newborn screening account”.
152-27	(d) There is created a hearing impairments testing advisory committee which shall
152-28	advise the director of the department of health regarding the validity and cost of testing
152-29	procedures. That advisory committee shall:
152-30	(1) Meet at least four (4) times per year;
152-31	(2) Be chaired by the director or his or her designee;
152-32	(3) Be composed of seven (7) members appointed by the director from the following
152-33	professions or organizations:
152-34	(i) A representative of the health insurance industry;
153-1	(ii) A pediatrician, designated by the R.I. chapter of the American Academy of
153-2	Pediatrics;
153-3	(iii) An audiologist, designated by the R.I. chapter of the American Speech and Hearing
153-4	Association;
153-5	(iv) Two (2) representatives of hospital neonatal nurseries;
153-6	(v) A representative of special education designated by the department of elementary
153-7	and secondary education; and
153-8	(vi) The director of health or his or her designee.
153-9	23-13-14. Newborn screening program. – (a) The physician attending a newborn child
153-10	shall cause that child to be subject to newborn screening tests for metabolic, endocrine, ~~and~~
153-11	hemoglobinopathy disorders, and other conditions including assessment for developmental risk.
153-12	The department of health shall make rules and regulations pertaining to ~~metabolic disease~~
153-13	screenings, diagnostic, and treatment services as accepted medical practice shall indicate. The
153-14	provisions of this section shall not apply if the parents of the child object to the tests on the
153-15	grounds that those tests conflict with their religious tenets and practices.
153-16	(b) In addition, the department of health is authorized to establish by rule and regulation
153-17	a reasonable fee structure for the newborn screening and disease control program, which includes
153-18	but is not limited to screening, diagnostic, and treatment services. The program shall be a covered
153-19	benefit and be reimbursable by all health insurers, as defined in § 27-38.2-2(1), providing health
153-20	insurance coverage in Rhode Island except for supplemental policies which only provide
153-21	coverage for specific diseases, hospital indemnity Medicare supplements, or other supplemental
153-22	policies. The department of human services shall pay for the program where the patient is eligible
153-23	for medical assistance under the provisions of chapter 8 of title 40. The charges for the program
153-24	shall be borne by the hospitals or other health-care facilities where births occur in the absence of
153-25	a third-party payor. Nothing in this section shall preclude the hospital or health care facility from
153-26	billing the patient directly. ~~Those fees shall be deposited into~~ ~~the general fund as general~~
153-27	~~revenues.~~
153-28	(c) There is created within the general fund a restricted receipt account to be known as
153-29	the “newborn screening account” to implement the provisions of § 23-13-13 and § 23-13-14. All
153-30	funds received pursuant to § 23-13-13 and § 23-13-14 shall be deposited in the account. Funding
153-31	dedicated exclusively to implement the provisions of § 23-13-13 and § 23-13-14 and received by
153-32	the department of health from sources other than those identified in § 23-13-13 and § 23-13-14
153-33	may also be deposited in the newborn screening account. The general treasurer is authorized and
153-34	directed to draw his or her orders on the account upon receipt of properly authenticated vouchers
154-1	from the department of health.
154-2	SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State
154-3	Funds” is hereby amended to read as follows:
154-4	35-4-27. Indirect cost recoveries on restricted receipt accounts. -- Indirect cost
154-5	recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt
154-6	accounts, to be recorded as general revenues in the general fund. However, there shall be no
154-7	transfer from cash receipts with restrictions received exclusively: (1) from contributions from
154-8	non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on
154-9	federal grant funds; or (3) through transfers from state agencies to the department of
154-10	administration for the payment of debt service. These indirect cost recoveries shall be applied to
154-11	all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The
154-12	following restricted receipt accounts shall not be subject to the provisions of this section:
154-13	Department of Human Services
154-14	Veterans' home -- Restricted account
154-15	Veterans' home -- Resident benefits
154-16	Organ transplant fund
154-17	Veteran's Cemetery Memorial Fund
154-18	Department of Health
154-19	Pandemic medications and equipment account
154-20	Newborn screening account
154-21	Department of Mental Health, Retardation and Hospitals
154-22	Hospital Medicare Part D Receipts
154-23	Department of Environmental Management
154-24	National heritage revolving fund
154-25	Environmental response fund II
154-26	Underground storage tanks
154-27	Rhode Island Council on the Arts
154-28	Art for public facilities fund
154-29	Rhode Island Historical Preservation and Heritage Commission
154-30	Historic preservation revolving loan fund
154-31	Historic Preservation loan fund -- Interest revenue
154-32	State Police
154-33	Forfeited property -- Retained
154-34	Forfeitures -- Federal
155-1	Forfeited property – Gambling
155-2	Donation – Polygraph and Law Enforcement Training
155-3	Attorney General
155-4	Forfeiture of property
155-5	Federal forfeitures
155-6	Attorney General multi-state account
155-7	Department of Administration
155-8	Restore and replacement -- Insurance coverage
155-9	Convention Center Authority rental payments
155-10	Investment Receipts -- TANS
155-11	Car Rental Tax/Surcharge-Warwick Share
155-12	Legislature
155-13	Audit of federal assisted programs
155-14	Department of Elderly Affairs
155-15	Pharmaceutical Rebates Account
155-16	Affordable Energy fund
155-17	Department of Children Youth and Families
155-18	Children's Trust Accounts -- SSI
155-19	Military Staff
155-20	RI Military Family Relief Fund
155-21	Treasury
155-22	Admin. Expenses -- State Retirement System
155-23	Retirement -- Treasury Investment Options
155-24	Business Regulation
155-25	Banking Division Reimbursement Account
155-26	Securities Division Reimbursement Account
155-27	Commercial Licensing and Racing and Athletics Division Reimbursement
155-28	Account
155-29	Insurance Division Reimbursement Account
155-30	SECTION 3. This article shall take effect upon passage.
155-31	ARTICLE 40
155-32	RELATING TO NURSING FACILITIES
155-33	COST OF LIVING ADJUSTMENT
155-34	SECTION 1. Section 40-8-19 of the General Laws in Chapter 40-8 entitled “Medical
156-1	Assistance” is hereby amended to read as follows:
156-2	40-8-19. Rates of payment to nursing facilities. – (a) Rate reform. The rates to be
156-3	paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to
156-4	participate in the Title XIX Medicaid program for services rendered to Medicaid-eligible
156-5	residents, shall be reasonable and adequate to meet the costs which must be incurred by
156-6	efficiently and economically operated facilities in accordance with 42 U.S.C. § 1396a(a)(13). The
156-7	department of human services shall promulgate or modify the principles of reimbursement for
156-8	nursing facilities currently in effect on July 1, 2003 to be consistent with the provisions of this
156-9	section and Title XIX, 42 U.S.C. § 1396 et seq., of the Social Security Act.
156-10	(b) Rate reform. Subject to the phase-in provisions in subsections (c) and (d), the
156-11	department shall, on or before October 1, 2005, modify the principles of reimbursement for
156-12	nursing facilities to include the following elements:
156-13	(1) Annual base years;
156-14	(2) Four (4) cost centers: direct labor, property, other operating, and pass through items;
156-15	(3) Re-array of costs of all facilities in the labor and other operating cost centers every
156-16	three (3) years beginning with calendar year 2002;
156-17	(4) A ceiling maximum for allowable costs in the direct labor cost center to be
156-18	established by the department between one hundred ten percent (110%) and one hundred twenty-
156-19	five percent (125%) of the median for all facilities for the most recent array year.
156-20	(5) A ceiling maximum for allowable costs in the other operating cost center to be
156-21	established by the department between ninety percent (90%) and one hundred fifteen percent
156-22	(115%) of the median for all facilities for the most recent array year;
156-23	(6) Adjustment of costs and ceiling maximums by the increase in the National Nursing
156-24	Home Price Index ("NNHPI") for the direct labor cost center and the other operating cost center
156-25	for year between array years; such adjustments to be applied on October 1st of each year
156-26	beginning October 1, 2003 for the direct labor cost center and October 1, 2005 for the other
156-27	operating cost center, except for the fiscal year beginning July 1, 2006 for which the price index
156-28	shall be applied on February 1, 2007 and for the fiscal year beginning October 1, 2007 for which
156-29	the adjustment of costs and ceiling maximums shall be 1.1 percent. For the fiscal year beginning
156-30	October 1, 2008, the price index shall be applied as of April 1, 2009.
156-31	(7) Application of a fair rental value system to be developed by the department for
156-32	calculating allowable reimbursement for the property cost center;
156-33	(8) Such quality of care and cost containment incentives as may be established by
156-34	departmental regulations.
157-1	(c) Phase I Implementation. The department shall file a state plan amendment with the
157-2	U.S. Department of Health and Human Services on or before August 1, 2003 to modify the
157-3	principles of reimbursement for nursing facilities, to be effective on October 1, 2003, or as soon
157-4	thereafter as is authorized by an approved state plan amendment, to establish the direct labor cost
157-5	center and the pass through items cost center utilizing calendar year 2002 cost data, and to apply
157-6	the ceiling maximums in subsections (b)(4) and (b)(5). Nursing facilities whose allowable 2002
157-7	direct labor costs are below the median in the direct labor cost center may make application to the
157-8	department for a direct labor cost interim payment adjustment equal to twenty-five percent (25%)
157-9	of the amount such allowable 2002 direct labor costs are below the median in the direct labor cost
157-10	center, provided that the interim payment adjustment granted by the department on or after
157-11	October 1, 2003 must be expended by the facility on expenses allowable within the direct labor
157-12	cost center, and any portion of the interim payment not expended on allowable direct labor cost
157-13	center expenses shall be subject to retroactive adjustment and recoupment by the department
157-14	upon the department's determination of a final direct labor payment adjustment after review of the
157-15	facility's actual direct labor expenditures. The final direct labor payment adjustment will be
157-16	included in the facility's October 1, 2004 rate until the facility's next base year.
157-17	(d) Phase II Implementation. The department shall file a state plan amendment with the
157-18	U.S. Department of Health and Human Services to modify the principles of reimbursement for
157-19	nursing facilities, to be effective on September 1, 2004, or as soon thereafter as is authorized by
157-20	an approved state plan amendment, to establish a fair rental value system for calculating
157-21	allowable reimbursement for the property cost center in accordance with subsection (b)(7);
157-22	provided, however, that no facility shall receive a payment as of September 1, 2004 for property-
157-23	related expenses pursuant to the fair rental value system that is less than the property-related
157-24	payment they would have received for the other property-related ("OPR") cost center system in
157-25	effect as of June 30, 2004.
157-26	SECTION 2. This article shall take effect upon passage.
157-27	ARTICLE 41
157-28	RELATING TO HEALTH REGULATORY PROGRAMS
157-29	SECTION 1. Sections 23-20.8-1, 23-20.8-5, 23-20.8-6 and 23-20.8-11 of the General
157-30	Laws in Chapter 23-20.8 entitled “Licensing of Massage Therapy Establishments” are hereby
157-31	amended to read as follows:
157-32	23-20.8-1. Definitions. – As used in this chapter:
157-33	~~(1) "Massage therapy establishment" means any corporation, partnership, unincorporated~~
157-34	~~association, or other business enterprise operating any business for the practice of massage;~~
158-1	~~(2)~~(1) "Massage therapist" means a person engaged in the practice of massage who has
158-2	completed a program in or is certified by a school or institution of learning which is approved by
158-3	the American massage and therapy association or equivalent academic and training program
158-4	approved by the director of health, other than a correspondence course, which school or
158-5	institution has for its purpose the teaching of the theory, practice, method, profession, or work of
158-6	massage, including at least anatomy, physiology, hygiene, and professional ethics;
158-7	~~(3)~~(2) "Physical fitness facility" means any bona fide health club which offers or
158-8	provides facilities for any instruction in controlled exercise, weight lifting, and calisthenics and
158-9	its gross income from massages is less than ten percent (10%) of the total gross business income
158-10	derived from all physical fitness sales contracts at any one location;
158-11	~~(4)~~(3) "Practice of massage" means engaging in applying a scientific system of activity
158-12	to the muscular structure of the human body by means of stroking, kneading, tapping, and
158-13	vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation.
158-14	23-20.8-5. Issuance or denial of license – Minimum qualifications. – The director
158-15	shall, within thirty (30) days from the time any application for a license is received, grant the
158-16	application and issue a license ~~to operate a massage therapy establishment or~~ to practice massage
158-17	for a year from that date, if the director shall be satisfied that the applicant complies with the rules
158-18	and regulations promulgated in accordance with §§ 23-20.8-3 and 23-20.8-4, establishing
158-19	standards for the qualifications of these personnel ~~and establishments.~~ The standards for
158-20	qualification of persons practicing massage shall include provisions for minimum standards of
158-21	professional education or experience, as determined by the director. The director may provide for
158-22	the examination of these applicants to determine their qualifications. An applicant, whose
158-23	criminal records check reveals a conviction for any sexual offense, including, but not limited to,
158-24	those offenses defined in chapters 34 and 37 of title 11, shall be denied a license under this
158-25	chapter.
158-26	23-20.8-6. Suspension and revocation of licenses. – Whenever the director shall have
158-27	reason to believe ~~that any massage therapy establishment, for the operation of which he or she has~~
158-28	~~issued a license as provided for in this chapter, is being operated in violation of the rules and~~
158-29	~~regulations promulgated under this chapter,~~ or that any person licensed under this chapter to
158-30	~~operate a massage therapy establishment or~~ to practice massage therapy has been convicted of
158-31	any sexual offense, or that any person is practicing massage in violation of this chapter or
158-32	regulations promulgated under this chapter, the director may, pending an investigation and
158-33	hearing, suspend for a period not exceeding thirty (30) days any license issued under authority of
158-34	this chapter and may, after due notice and hearing, revoke the license if he or she finds that the
159-1	~~massage therapy establishment or~~ person practicing massage is in violation of those rules and
159-2	regulations or any provision of this chapter. ~~In the case in which an employee is or employees are~~
159-3	~~practicing massage in violation of this chapter or in violation of rules promulgated under this~~
159-4	~~chapter, the director may, pending a hearing, suspend the licenses of both the establishment and~~
159-5	~~the employee(s); and may, after due notice hearing, revoke the licenses of both the establishment~~
159-6	~~and the employee(s).~~ The holder of a license shall upon its revocation promptly surrender it to the
159-7	director.
159-8	23-20.8-11. Penalties. – (a) Any person who practices massage ~~or maintains a massage~~
159-9	~~therapy establishment,~~ or acts in any capacity where a license is required by this chapter, without
159-10	a license provided for in this chapter, shall be guilty of a misdemeanor and subject to a fine of up
159-11	to one thousand dollars ($1,000) or thirty (30) days in jail.
159-12	(b) Any owner, operator, manager, or licensee in charge of or in control of a massage
159-13	therapy establishment who knowingly employs a person who is not licensed as a massage
159-14	therapist, or who allows an unlicensed person to perform, operate, or practice massage is guilty of
159-15	a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) and thirty (30) days in
159-16	jail.
159-17	(c) The practice of massage by a person without a license issued under this chapter is
159-18	declared to be a danger to the public health and welfare. In addition to any other civil, criminal, or
159-19	disciplinary remedy, the attorney general or prosecuting attorney of any municipality where the
159-20	person is practicing, or purporting to practice, may maintain an action to enjoin that person from
159-21	practicing massage until this person secures a valid license.
159-22	~~(d) Any owner, operator, manager, or licensee in charge of or in control of a massage~~
159-23	~~therapy establishment shall register with the department of health.~~
159-24	SECTION 2. Section 23-20.8-2 of the General Laws in Chapter 23-20.8 entitled
159-25	“Licensing of Massage Therapy Establishments” is hereby repealed.
159-26	~~§ 23-20.8-2 License required – Term of license – Application – Fee. – It shall be~~
159-27	~~unlawful for any person, corporation, or other form of business entity to own or operate a~~
159-28	~~massage therapy establishment in this state without having a license issued by the department of~~
159-29	~~health pursuant to this chapter. In order to set the license renewal dates so that all activities for~~
159-30	~~each establishment can be combined on one license instead of on several licenses, the license~~
159-31	~~renewal date shall be set by the department of health. The license period shall be for 12 months,~~
159-32	~~commencing on the license renewal date, and the license fee shall be at the full annual rate~~
159-33	~~regardless of the date of application or the date of issuance of license. If the license renewal date~~
159-34	~~is changed, the department may make an adjustment to the fees of licensed establishments, not to~~
160-1	~~exceed the annual license fee, in order to implement the change in license renewal date. A license~~
160-2	~~issued under the provisions of this chapter may be suspended or revoked under the provisions of §~~
160-3	~~23-20.8-6. Each license shall be issued only for the premises and persons named in the~~
160-4	~~application and shall not be transferable or assignable. No license shall be issued less than thirty~~
160-5	~~(30) days after its application. The initial fee for this license and the annual renewal fee shall be~~
160-6	~~established by the department of health and shall be fixed in an amount sufficient to cover the~~
160-7	~~cost of administering this chapter. All fees collected pursuant to this chapter, shall be deposited as~~
160-8	~~general revenue and submitted with the application to the department of health.~~
160-9	SECTION 3. Section 23-68-5 of the General Laws in Chapter 23-68 entitled “Tanning
160-10	Facility Safety Standards Act” is hereby amended to read as follows:
160-11	23-68-5. Certification of facilities. – The director of the department of health shall
160-12	certify that a facility is in compliance with the safety standards established pursuant to § 23-68-4
160-13	and shall ~~annually~~ periodically inspect the facility to ensure continued compliance with safety
160-14	standards enumerated in this chapter.
160-15	SECTION 4. This article shall take effect upon passage.
160-16	ARTICLE 42
160-17	RELATING TO ELDERLY AFFAIRS PROGRAMS
160-18	SECTION 1. Section 42-66-4.2 of the General Laws in Chapter 42-66 entitled "Elderly
160-19	Affairs Department” is hereby repealed .
160-20	~~§ 42-66-4.2 Photo identification cards. – The department shall make available to every~~
160-21	~~disabled person eighteen (18) years of age or older requesting one, a photo identification card at a~~
160-22	~~cost of two dollars ($2.00) for each card. The card shall contain a photo of the person, his or her~~
160-23	~~address, an identification number and any other information as ordered by the director to the~~
160-24	~~benefit of the disabled person. All funds collected shall be deposited as general revenues of the~~
160-25	~~state.~~
160-26	SECTION 2. Section 42-66.1-3 of the General Laws in Chapter 42-66.1 entitled
160-27	"Security for Housing for the Elderly Act” is hereby amended to read as follows:
160-28	42-66.1-3. Program ~~established. – (a) In order to ensure the health, safety, and welfare~~
160-29	~~of elderly citizens who are residents of housing for the elderly, the director shall establish a grant~~
160-30	~~program to assist in providing security at housing for the elderly complexes.~~
160-31	~~(b) Participation in the program shall be voluntary. The owner, manager, or governing~~
160-32	~~body of a housing complex for the elderly shall apply to the director to be part of the program.~~
160-33	~~(c)~~(a) The director shall require each housing for the elderly complex ~~that participates~~
160-34	~~in the program~~ to submit satisfactory evidence of a periodic and ongoing resident security
161-1	educational program and a safety and security plan.
161-2	~~(d)~~(b)The director shall establish regulations to require each housing for the elderly
161-3	complex, as part of its tenant acceptance process, to review and consider any notice provided to
161-4	the housing complex as required in subsection 42-56-10(23) concerning the tenant's or
161-5	prospective tenant's status on parole and recommendations, if any, regarding safety and security
161-6	measures.
161-7	SECTION 3. Section 42-66.1-4 of the General Laws in Chapter 42-66.1 entitled
161-8	"Security for Housing for the Elderly Act” is hereby repealed.
161-9	~~§ 42-66.1-4 Cost of security program – Matching funds. – The cost of the program shall~~
161-10	~~be borne according to the following formula:~~
161-11	~~(1) In private complexes, twenty-five percent (25%) of the cost shall be absorbed by the~~
161-12	~~state and seventy-five percent (75%) by the owner of the complex.~~
161-13	~~(2) In public complexes, seventy-five percent (75%) of the cost shall be absorbed by the~~
161-14	~~state and twenty-five percent (25%) by the housing authority. The cost upon which~~
161-15	~~reimbursement is made shall be formulated in accordance with the rules and regulations~~
161-16	~~promulgated by the director pursuant to § 42-66.1-5. Security personnel and equipment are~~
161-17	~~reimbursable under this program. Costs incurred by a municipality or agency shall not be eligible~~
161-18	~~for reimbursement pursuant to §§ 45-13-6 – 45-13-11.~~
161-19	SECTION 4. Sections 42-66.2-3, 42-66.2-5, 42-66.2-6, 42-66.2-7, and 42-66.2-9 of the
161-20	General Laws in Chapter 42-66.2 entitled “Pharmaceutical Assistance to the Elderly Act” are
161-21	hereby amended to read as follows:
161-22	42-66.2-3. Definitions. – As used in this chapter, unless the context requires otherwise:
161-23	(1) "Consumer" means any full-time resident of the state who fulfills the eligibility
161-24	requirements set forth in § 42-66.2-5. Residence for purposes of this chapter shall be in
161-25	accordance with the definitions and evidence standards set forth in § 17-1-3.1.
161-26	(2) "Contractor" means a third party or private vendor capable of administering a
161-27	program of reimbursement for prescription drugs, and drug program eligibility administrative
161-28	support as required by the director, the vendor to be determined through a competitive bid process
161-29	in which the director awards a three (3) year contract for services.
161-30	(3) "Department" means the department of elderly affairs.
161-31	(4) "Director" means the director of the department of elderly affairs.
161-32	(5) "Eligible drugs" means insulin, injectable drugs for multiple sclerosis, and shall
161-33	mean non-injectable drugs which require a physician's prescription according to federal law and
161-34	which are contained in the following American Hospital Formulary Service pharmacologic-
162-1	therapeutic classifications categories that have not been determined by the federal "Drug Efficacy
162-2	and Safety Implementation (DESI) Commission" to lack substantial evidence of effectiveness.
162-3	Eligible drugs are limited to the following classification categories: cardiac drugs, hypotensive
162-4	drugs, diuretics, anti-diabetic agents, insulin, disposable insulin syringes, vasodilators (cardiac
162-5	indications only), anticoagulants, hemorreolgic agents, glaucoma drugs, drugs for the treatment of
162-6	Parkinson's disease, antilipemic drugs and oral antineoplastic drugs and drugs for the treatment of
162-7	asthma and other chronic respiratory diseases and prescription vitamin and mineral supplements
162-8	for renal patients, and drugs approved for the treatment of Alzheimer's disease, drugs used for the
162-9	treatment of depression, those drugs approved for the treatment of urinary incontinence, anti-
162-10	infectives, drugs used for the treatment of arthritis, drugs approved for the treatment of
162-11	osteoporosis, and neuraminidase inhibiting drugs indicated for the treatment of influenza A and
162-12	B.
162-13	(ii) "Additional drugs" means non-injectable drugs which require a physician's
162-14	prescription according to federal law and which are contained in the American Hospital
162-15	Formulary Service pharmacologic-therapeutic classifications categories that have not been
162-16	determined by the federal "Drug Efficacy and Safety Implementation (DESI) Commission" to
162-17	lack substantial evidence of effectiveness, which are not included in the definition of drugs as
162-18	defined in this subdivision. However, this shall not include prescription drugs used for cosmetic
162-19	purposes.
162-20	(6) "Income" for the purposes of this chapter means the sum of federal adjusted gross
162-21	income as defined in the Internal Revenue Code of the United States, 26 U.S.C. § 1 et seq., and
162-22	all nontaxable income including, but not limited to, the amount of capital gains excluded from
162-23	adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance
162-24	and relief (not including relief granted under this chapter), the gross amount of any pension or
162-25	annuity (including Railroad Retirement Act benefits, 45 U.S.C. § 231 et seq., all payments
162-26	received under the federal Social Security Act, 42 U.S.C. § 301 et seq., state unemployment
162-27	insurance laws, and veterans' disability pensions), nontaxable interest received from the federal
162-28	government or any of its instrumentalities, workers' compensation, and the gross amount of "loss
162-29	of time" insurance. It does not include gifts from nongovernmental sources, or surplus foods or
162-30	other relief in kind supplied by a public or private agency.
162-31	(7) "Pharmaceutical manufacturer" means any entity holding legal title to or possession
162-32	of a national drug code number issued by the federal food and drug administration.
162-33	(8) "Pharmacy" means a pharmacy licensed by the state of Rhode Island.
162-34	~~(9) "Pilot program contractor" means Blue Cross and Blue Shield of Rhode Island.~~
163-1	42-66.2-5. Persons eligible. – (a) Persons eligible for assistance under the provisions of
163-2	this chapter include any resident of the state who is at least sixty-five (65) years of age or at least
163-3	fifty-five (55) years of age and receiving social security disability benefits. State and consumer
163-4	co-payment shares for these persons shall be determined as follows:
163-5	(1) For unmarried persons or married persons living separate and apart whose income
163-6	for the calendar year immediately preceding the year in which assistance is sought is:
163-7	(i) Less than ~~fifteen thousand nine hundred and thirty-two dollars ($15,932)~~ nineteen
163-8	thousand three hundred forty one dollars ($19,341) the state shall pay sixty percent (60%) of the
163-9	cost of the prescriptions and the consumer shall pay forty percent (40%) of the cost of the
163-10	prescriptions.
163-11	(ii) More than ~~fifteen thousand nine hundred and thirty-two dollars ($15,932)~~ nineteen
163-12	thousand three hundred forty-one dollars ($19,341) and less than ~~twenty thousand dollars~~
163-13	~~($20,000)~~, twenty four thousand two hundred and eighty dollars ($24,280) the state shall pay
163-14	thirty percent (30%) of the cost of the prescriptions and the consumer shall pay seventy percent
163-15	(70%) of the cost of the prescriptions; and
163-16	(iii) More than ~~twenty thousand dollars ($20,000)~~ twenty four thousand two hundred
163-17	and eighty dollars ($24,280) and less than ~~thirty-five thousand dollars ($35,000)~~ forty two
163-18	thousand four hundred and ninety three dollars ($42,493), the state shall pay fifteen percent
163-19	(15%) of the cost of prescriptions and the consumer shall pay eighty-five percent (85%) of the
163-20	cost of prescriptions.
163-21	(2) For married persons whose income for the calendar year immediately preceding the
163-22	year in which assistance is sought hereunder when combined with any income of the person's
163-23	spouse in the same year is:
163-24	(i) ~~Nineteen thousand nine hundred and sixteen dollars ($19,916)~~ Twenty four
163-25	thousand one hundred and seventy-nine dollars ($24,179) or less, the state shall pay sixty percent
163-26	(60%) of the cost of the prescriptions and the consumer shall pay forty percent (40%) of the cost
163-27	of the prescriptions;
163-28	(ii) More than ~~nineteen thousand nine hundred and sixteen dollars ($19,916)~~ twenty-
163-29	four thousand one hundred and seventy-nine dollars ($24,179) and less than ~~twenty-five thousand~~
163-30	~~dollars ($25,000)~~ thirty thousand three hundred and fifty-two dollars ($30,352), the state shall pay
163-31	thirty percent (30%) of the cost of the prescriptions and the consumer shall pay seventy percent
163-32	(70%) of the cost of prescriptions; and
163-33	(iii) More than ~~twenty-five thousand dollars ($25,000)~~ thirty thousand three hundred
163-34	and fifty-two dollars ($30,352) and less than ~~forty thousand dollars ($40,000)~~ forty eight
164-1	thousand five hundred and sixty three dollars ($48,563), the state shall pay fifteen percent (15%)
164-2	of the cost of prescriptions and the consumer shall pay eighty-five percent (85%) of the cost of
164-3	prescriptions.
164-4	(3) Eligibility may also be determined by using income data for the ninety (90) days
164-5	prior to application for benefits and projecting that income on an annual basis. The income levels
164-6	shall not include those sums of money expended for medical and pharmaceutical that exceed
164-7	three percent (3%) of the applicant's annual income or three percent (3%) of the applicant's
164-8	preceding ninety (90) day income computed on an annual basis.
164-9	(4) For persons on social security disability benefits who are: (i) unmarried or married
164-10	and living separate and apart with income for the calendar year immediately preceding the year in
164-11	which assistance is sought that is less than ~~thirty-seven thousand one hundred and sixty-seven~~
164-12	~~dollars ($37,167)~~ forty two thousand four hundred and ninety three dollars ($42,493); or (ii)
164-13	married with income that is less than ~~forty-two thousand four hundred seventy-six dollars~~
164-14	~~($42,476)~~ forty eight thousand five hundred and sixty three dollars ($48,563) the state shall pay
164-15	fifteen percent (15%) of the cost of prescriptions and the consumer shall pay eighty-five percent
164-16	(85%) of the cost.
164-17	(b) On July 1 of each year, the maximum amount of allowable income for both
164-18	unmarried and married residents set forth in subsection (a) shall be increased by a percentage
164-19	equal to the percentage of the cost of living adjustment provided for social security recipients.
164-20	(c) No person whose prescription drug expenses are paid or reimbursable, either in
164-21	whole or in part, by any other plan of assistance or insurance is eligible for assistance under this
164-22	section, until the person's prescription drug coverage for a specific covered prescription
164-23	medication is exhausted or the specific prescription medication is not covered by the plan during
164-24	a benefit year, and as provided in subsection (d).
164-25	(d) The fact that some of a person's prescription drug expenses are paid or reimbursable
164-26	under the provisions of the federal Medicare program shall not disqualify that person, if he or she
164-27	is otherwise eligible, to receive assistance under this chapter. In those cases, the state shall pay
164-28	the eligible percentage of the cost of those prescriptions for qualified drugs for which no payment
164-29	or reimbursement is made by the federal government.
164-30	(e) Eligibility for receipt of any other benefit under any other provisions of the Rhode
164-31	Island general laws as a result of eligibility for the pharmaceutical assistance program authorized
164-32	under this section shall be limited to those persons whose income qualify them for a sixty percent
164-33	(60%) state co-payment share of the cost of prescriptions.
164-34	(f) For all additional drugs, the consumer shall pay one hundred percent (100%) of the
165-1	cost of prescriptions as set forth in § 42-66.2-4.
165-2	~~(g) As of July 1, 2004, all new enrollees in the program whose income qualifies them~~
165-3	~~for Transitional Assistance (135% of poverty) under the Medicare Prescription Drug,~~
165-4	~~Improvement, and Modernization Act of 2003, Section 1860D-31 [42 U.S.C. § 1395w 141], shall~~
165-5	~~apply annually, for a Medicare prescription drug discount card, to be used in conjunction with~~
165-6	~~benefits offered under this chapter, in order to continue to receive benefits under this chapter.~~
165-7	~~Enrollees who joined the program prior to July 1, 2004 and who qualify for Transitional~~
165-8	~~Assistance (135% of poverty) under the Medicare Prescription and Drug Improvement, and~~
165-9	~~Modernization Act of 2003, Section 1860D-31 [42 U.S.C. § 1395w 141], shall, by September 30,~~
165-10	~~2004 and continuously thereafter until such time as Medicare Part D becomes effective, make~~
165-11	~~application for a Medicare prescription drug discount card to be used in conjunction with benefits~~
165-12	~~offered under this chapter, in order to continue receiving benefits under this chapter.~~
165-13	~~(h)~~(g) To promote coordination of benefits between the pharmaceutical assistance
165-14	program created under this chapter and the Medicare Part D prescription drug program created in
165-15	the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003, RIPAE
165-16	enrollees ~~whose income is at or below 150% of the federal poverty limit and whose resources are~~
165-17	~~below the resource eligibility limits determined by the Centers for Medicare and Medicaid~~
165-18	~~Services for low income assistance benefit under Medicare Part D~~ must apply for and enroll in the
165-19	Medicare Part D prescription drug program.
165-20	~~The Rhode Island Pharmaceutical Assistance to the Elderly Program (RIPAE) is~~
165-21	~~authorized to apply for transitional assistance with a specific drug card under the Medicare~~
165-22	~~Prescription Drug, Improvement, and Modernization Act of 2003, Section 1860D-31 [42 U.S.C. §~~
165-23	~~1395w 141] on behalf of applicants and eligible members under this article. RIPAE shall provide~~
165-24	~~applicants and eligible members with prior written notice of, and the opportunity to decline, such~~
165-25	~~automatic enrollment.~~
165-26	42-66.2-6. Responsibilities of department of elderly affairs. – (a) Determination of
165-27	eligibility. The department shall adopt regulations relating to the determination of eligibility of
165-28	prospective consumers and the determination and elimination of program abuse. The department
165-29	has the power to declare ineligible any consumer who abuses or misuses the established
165-30	prescription plan. The department has the power to investigate cases of suspected provider or
165-31	consumer fraud.
165-32	(b) Rebates for expenses prohibited. (1) A system of rebates or reimbursements to the
165-33	consumer for pharmaceutical expenses shall be prohibited.
165-34	(2) Subdivision (1) shall not be interpreted to exclude other consumers not participating
166-1	in the pharmaceutical assistance to the elderly program from receiving financial offers or
166-2	redeemable coupons that are available to only those who have paid for the service or product
166-3	through direct cash payment, insurance premiums, or cost sharing with an employer.
166-4	(c) Program criteria. The program includes the following criteria:
166-5	(1) Collection of the co-payment by pharmacies is mandatory;
166-6	(2) Senior citizens participating in the program are not required to maintain records of
166-7	each transaction but shall sign a receipt for eligible and additional drugs;
166-8	(3) A system of rebates or reimbursements to the consumer for pharmaceutical
166-9	expenses is prohibited;
166-10	(ii) This subdivision shall not be interpreted to exclude other consumers from receiving
166-11	financial offers or redeemable coupons that are available to only those who have paid for the
166-12	service or product through direct cash payment, insurance premiums, or cost sharing with an
166-13	employer.
166-14	(4) Prescription benefits for any single prescription may be dispensed in the amounts
166-15	authorized by the physician, and agreed to by the consumer, up to a maximum of a one hundred
166-16	(100) day supply or two hundred (200) doses, whichever is less and/or a one hundred (100) day
166-17	supply or one quart of liquid, whichever is less; provided, however, that disposable insulin
166-18	syringes are dispersed in a quantity of one hundred (100);
166-19	(5) Experimental drugs are excluded from the program;
166-20	(6) A system of mail order delivery for prescriptions is allowed under this program; and
166-21	(7) Eligible and additional drugs must be dispensed within one year of the original
166-22	prescription order.
166-23	(d) The director shall issue an eligibility card containing a program ID number and the
166-24	time period for which the card is valid.
166-25	(e) The director ~~shall institute and conduct an educational outreach program and~~ shall
166-26	provide a mechanism, within the department, to handle all public inquiries concerning the
166-27	program.
166-28	(f) The director shall establish a process, in accordance with the Administrative
166-29	Procedures Act, chapter 35 of this title, to provide an appeals hearing on the determination of
166-30	eligibility.
166-31	(g) The director shall forward to the contractor a list of all eligible consumers.
166-32	(h) Expenditures for multiple sclerosis drugs shall not exceed thirty thousand dollars
166-33	($30,000).
166-34	(i) Generic drug substitution is mandatory when there is an available generic drug
167-1	equivalent.
167-2	42-66.2-7. Contract. – (a) The director is authorized and shall enter into a contract with
167-3	the contractor for the effective administrative support of this program.
167-4	(b) ~~The pilot program contractor shall, under terms agreed to by the director, continue~~
167-5	~~administrative support of the program until a competitive bid process can be implemented and a~~
167-6	~~three (3) year contract awarded. The director shall initiate the competitive bid process by the~~
167-7	~~issuance and advertisement of specifications and request for proposals, on or before January 1,~~
167-8	~~1988. The contract resulting from the competitive bid process shall be awarded to become~~
167-9	~~effective for a three (3) year period commencing no later than July 1, 1988.~~ A competitive bid
167-10	and contract award shall occur ~~every three (3) years thereafter.~~ in accordance with the state
167-11	Medicaid authority’s competitive bid process and cycle.
167-12	42-66.2-9. Annual report. – (a) The director shall submit an annual report to the
167-13	governor, the budget officer, the chairperson of the house finance committee, the chairperson of
167-14	the senate finance committee, and the chairperson of the board of pharmacy as established by § 5-
167-15	19.1-4. The report shall contain the number of consumers eligible for the program, the number of
167-16	consumers utilizing the program, ~~an outline of and a report on the educational outreach program,~~
167-17	the number of appeals, an outline of problems encountered in the administration of the program
167-18	and suggested solutions to the problems, and any recommendations to enhance the program.
167-19	(b) The contractor shall submit an annual report to the governor, the budget officer, the
167-20	chairperson of the house finance committee, the chairperson of the senate finance committee, and
167-21	the board of pharmacy as established by § 5-19.1-4. The report shall contain financial and
167-22	utilization statistics as to drug use by therapeutic category, actuarial projections, an outline of
167-23	problems encountered in the administration of the program, and suggested solutions to the
167-24	problems and any recommendations to enhance the program.
167-25	~~(c) The first report pursuant to this section shall be submitted on or before January 15,~~
167-26	~~1986.~~
167-27	SECTION 5. Section 42-66.2-11 of the General Laws in Chapter 42-66.2 entitled
167-28	“Pharmaceutical Assistance to the Elderly Act” is hereby repealed.
167-29	~~§ 42-66.2-11 Special Legislative Commission to Reconcile the Provisions of the~~
167-30	~~Pharmaceutical Assistance Program with the Medicare Prescription Drug and Modernization Act~~
167-31	~~of 2003. – Due to the passage of the federal Medicare Prescription Drug and Modernization Act~~
167-32	~~of 2003, some consumers of the Rhode Island Pharmaceutical Assistance for the Elderly Program~~
167-33	~~will be eligible for federal Medicare coverage for some of their medication needs. It is the intent~~
167-34	~~of the general assembly to study the provisions of the new federal act for Medicare prescription~~
168-1	~~coverage and make recommendations for adjustments to the Rhode Island Pharmaceutical~~
168-2	~~Assistance for the Elderly Program as necessary to ensure the maximum possible coverage and~~
168-3	~~benefit to eligible consumers. The Special Legislative Commission to Reconcile the Provisions of~~
168-4	~~the Pharmaceutical Assistance Program with the Medicare Prescription Drug and Modernization~~
168-5	~~Act of 2003 shall be composed of ten (10) members, one of whom shall be the director of the~~
168-6	~~department of human services, one of whom shall be the director of the department of elderly~~
168-7	~~affairs, four (4) of whom shall be appointed from the house of representatives by the speaker of~~
168-8	~~the house, with one of said appointees belonging to the minority leader, and four (4) of whom~~
168-9	~~shall be appointed from the senate by the president of the senate, with one of said appointees~~
168-10	~~belonging to the minority leader. The commission shall choose from among its member's co-~~
168-11	~~chairpersons representing both chambers. State agencies shall make available any information~~
168-12	~~deemed necessary by the commission to complete its task. The commission shall make its~~
168-13	~~recommendations to the house and senate committees on finance on or before February 15, 2005.~~
168-14	SECTION 6. This article shall take effect as of July 1, 2008.
168-15	ARTICLE 43
168-16	RELATING TO DEPARTMENT OF ELDERLY AFFAIRS AND ADVOCACY
168-17	SECTION 1. Sections 23-1.8-1, 23-1.8-2, 23-1.8-2.1, and 23-1.8-3 of the General Laws
168-18	in Chapter 23-1.8 entitled “Commission on the Deaf and Hard-of-Hearing” are hereby amended
168-19	to read as follows:
168-20	23-1.8-1. Purpose – Creation of commission. – (a) In view of the barriers and
168-21	disadvantages which deafness and hearing impairments impose on those individuals so affected,
168-22	and in view of the testimony on deafness received by a legislative study commission, it is hereby
168-23	proposed that a permanent Rhode Island commission on the deaf and hard-of-hearing be
168-24	established within the department of elderly affairs and advocacy. This commission shall be
168-25	composed as follows: a thirteen (13) member commission, eleven (11) of whom are appointed by
168-26	the governor, one representative appointed by the speaker of the house and one senator appointed
168-27	by the president of the senate. Four (4) of the governor's appointments shall be initially appointed
168-28	for a term to expire July 1, 1995 and three (3) members shall be appointed for a term to expire
168-29	July 1, 1994. Thereafter the commissioners shall serve staggered two (2) year terms, each
168-30	member serving until his or her successor is appointed. ~~These commissioners~~ The director of the
168-31	department of elderly affairs and advocacy shall be responsible for the establishment of policies
168-32	and the appointment of an executive director who shall be in the ~~unclassified~~ classified service
168-33	and other staff as needed and for whom appropriations are available. ~~They~~ Commissioners shall
168-34	meet not less than four (4) times per year, and shall not be paid for their services, except for
169-1	reimbursement of expenses incurred by their service. The commissioners may elect their own
169-2	officers.
169-3	(b) The members appointed by the governor shall include five (5) individuals who are
169-4	deaf who use American Sign Language, one individual who is deaf who does not use American
169-5	Sign Language, three (3) who are hard-of-hearing, and two (2) who are hearing. Commission
169-6	members shall select their own chairperson. Five (5) members shall constitute a quorum.
169-7	23-1.8-2. Duties - Activities The commission shall be primarily a coordinating and
169-8	advocating body, acting on behalf of the special concerns of deaf and hard-of-hearing persons in
169-9	Rhode Island. ~~Its activities shall be independent of any existing agency or department within the~~
169-10	~~state.~~ The commission shall be accountable directly to the ~~executive office of the state, and shall~~
169-11	~~submit an annual report to the governor~~ director of the department of elderly affairs and
169-12	advocacy. The commission will assume the following duties:
169-13	(1) Bring about greater cooperation and coordination among agencies and organizations
169-14	now servicing or having the potential to serve the deaf and hard-of-hearing;
169-15	(2) Promote greater accessibility to services for the deaf and hard-of-hearing;
169-16	(3) Conduct an ongoing needs assessment;
169-17	(4) Promote increased awareness and provide information and referrals;
169-18	(5) Advocate for the enactment of legislation that would assist the needs of individuals
169-19	who are deaf and hard-of-hearing;
169-20	(6) Administer a sign language interpreter referral service;
169-21	(7) Take necessary action to improve the quality of life for deaf and hard-of-hearing
169-22	individuals living in Rhode Island;
169-23	(8) Develop a statewide coordinating council that will coordinate the implementation of
169-24	the comprehensive statewide strategic plan for children in Rhode Island who are deaf or have
169-25	hearing loss. The composition, functions and activities of the statewide coordinating council shall
169-26	be consistent with the provisions of the strategic plan developed through the Rhode Island
169-27	department of elementary and secondary education.
169-28	(9) Track the yearly services provided by exempted interpreters, as defined in subsection
169-29	5-71-15(4).
169-30	23-1.8-2.1. Sign language interpreter referral service. -- ~~The~~ Under the direction of
169-31	the director of the department of elderly affairs and advocacy, the commission shall administer
169-32	the sign language interpreter referral service for all certified licensee, licensee, grandparent
169-33	licensee, and special licensee interpreters, as provided in chapter 71 of title 5, who hold a valid
169-34	interpreter for the deaf license issued by the state board of examiners of interpreters for the deaf
170-1	pursuant to § 5-71-9 or § 5-71-12 or hold a valid license, certificate, or equivalent issued with
170-2	another state with reciprocity pursuant to § 5-71-10. The commission shall not impose any limits
170-3	on the practice of certified licensees, licensees, grandparent licensees, or special licensees beyond
170-4	those imposed by the state board of examiners for interpreters for the deaf. Prior to January 1,
170-5	1998 the commission's sign language interpreter referral service shall be open to all interpreters
170-6	for the deaf who meet or exceed qualifications for license in § 5-71-9, 5-71-10, 5-71-11, or 5-71-
170-7	12. The commission shall refer any complaints regarding the conduct or performance of any
170-8	interpreter utilizing their referral service to the state board of examiners for interpreters for the
170-9	deaf for appropriate action pursuant to § 5-71-13. The commission shall upon receipt of notice of
170-10	revocation or suspension of a license by the state board of examiners for interpreters for the deaf,
170-11	immediately cease to refer customers to that licensee, unless and until the license is restored.
170-12	23-1.8-3. Committees. – (a) To assist in the performance of its duties and with the
170-13	approval of the director of the department of elderly affairs and advocacy, the commission shall
170-14	establish various committees. Except as authorized by the commission, committees shall be
170-15	composed of no more than seven (7) members who shall serve staggered terms.
170-16	(b) At least one individual who is deaf, one individual who is hard-of-hearing, and one
170-17	commission member, whenever possible, shall serve on each committee. In addition,
170-18	governmental agencies shall assign one representative to the following committees:
170-19	(1) Telecommunications relay service committee: one representative of the public utilities
170-20	commission;
170-21	(2) Education committee: one representative of the department of elementary and
170-22	secondary education and one representative of the Rhode Island school for the deaf;
170-23	(3) Employment committee: one representative of the department of human services, and
170-24	one representative of the department of labor and training;
170-25	(4) Health care committee: one representative of the department of elderly affairs and
170-26	advocacy, one representative of the department of health, and one representative of the
170-27	department of mental health, retardation, and hospitals;
170-28	(c) The committees are responsible for appointing their chairpersons. Chairpersons shall
170-29	report upon the activities of their committees at commission meetings.
170-30	SECTION 2. Section 36-4-2 of the General Laws in Chapter 36-4 entitled “Merit
170-31	System” is hereby amended to read as follows:
170-32	36-4-2. Positions in unclassified service. – The classified service shall comprise all
170-33	positions in the state service now existing or hereinafter established, except the following specific
170-34	positions which with other positions heretofore or hereinafter specifically exempted by legislative
171-1	act shall constitute the unclassified service:
171-2	(1) Officers and legislators elected by popular vote and persons appointed to fill
171-3	vacancies in elective offices.
171-4	(2) Employees of both houses of the general assembly.
171-5	(3) Officers, secretaries, and employees of the office of the governor, office of the
171-6	lieutenant governor, department of state, department of the attorney general, and the treasury
171-7	department.
171-8	(4) Members of boards and commissions appointed by the governor, members of the state
171-9	board of elections and the appointees of the board, members of the commission for human rights
171-10	and the employees of the commission, and directors of departments.
171-11	(5) The following specific offices:
171-12	(i) In the department of administration: director, chief information officer;
171-13	(ii) In the department of business regulation: director;
171-14	(iii) In the department of elementary and secondary education: commissioner of
171-15	elementary and secondary education;
171-16	(iv) In the department of higher education: commissioner of higher education;
171-17	(v) In the department of health: director;
171-18	(vi) In the department of labor and training: director, administrative assistant,
171-19	administrator of the labor board and legal counsel to the labor board;
171-20	(vii) In the department of environmental management: director;
171-21	(viii) In the department of transportation: director;
171-22	(ix) In the department of human services: director;
171-23	(x) In the state properties committee: secretary;
171-24	(xi) In the workers' compensation court: judges, administrator, deputy administrator,
171-25	clerk, assistant clerk, clerk secretary;
171-26	(xii) In the department of elderly affairs and advocacy: director;
171-27	(xiii) In the department of mental health, retardation, and hospitals: director;
171-28	(xiv) In the department of corrections: director, assistant director (institutions/operations),
171-29	assistant director (rehabilitative services), assistant director (administration), and wardens;
171-30	(xv) In the department of children, youth and families: director, one assistant director,
171-31	one associate director, and one executive director;
171-32	(xvi) In the public utilities commission: public utilities administrator;
171-33	(xvii) In the water resources board: general manager;
171-34	(xviii) In the human resources investment council: executive director.
172-1	(xix) In the office of health and human services: secretary of health and human services.
172-2	(6) Chief of the hoisting engineers, licensing division, and his or her employees;
172-3	executive director of the veterans memorial building and his or her clerical employees.
172-4	(7) One confidential stenographic secretary for each director of a department and each
172-5	board and commission appointed by the governor.
172-6	(8) Special counsel, special prosecutors, regular and special assistants appointed by the
172-7	attorney general, the public defender and employees of his or her office, and members of the
172-8	Rhode Island bar occupying a position in the state service as legal counsel to any appointing
172-9	authority.
172-10	(9) The academic and/or commercial teaching staffs of all state institution schools, with
172-11	the exception of those institutions under the jurisdiction of the board of regents for elementary
172-12	and secondary education and the board of governors for higher education.
172-13	(10) Members of the military or naval forces, when entering or while engaged in the
172-14	military or naval service.
172-15	(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the
172-16	supreme, superior, family, and district courts, the traffic tribunal, jurors and any persons
172-17	appointed by any court.
172-18	(12) Election officials and employees.
172-19	(13) Administrator, executive high sheriff, sheriffs, chief deputy sheriffs, deputy sheriffs,
172-20	and other employees of the sheriff's division within the department of administration and security
172-21	officers of the traffic tribunal.
172-22	(14) Patient or inmate help in state charitable, penal, and correctional institutions and
172-23	religious instructors of these institutions and student nurses in training, residents in psychiatry in
172-24	training, and clinical clerks in temporary training at the institute of mental health within the state
172-25	of Rhode Island medical center.
172-26	(15) Persons employed to make or conduct a temporary and special inquiry,
172-27	investigation, project or examination on behalf of the legislature or a committee thereof, or on
172-28	behalf of any other agency of the state if the inclusion of these persons in the unclassified service
172-29	is approved by the personnel administrator. The personnel administrator shall notify the house
172-30	fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person
172-31	in the unclassified service.
172-32	(ii) The duration of the appointment of a person, other than the persons enumerated in
172-33	this section, shall not exceed ninety (90) days or until presented to the department of
172-34	administration. The department of administration may extend the appointment another ninety (90)
173-1	days. In no event shall the appointment extend beyond one hundred eighty (180) days.
173-2	(16) Members of the division of state police.
173-3	(17) Executive secretary of the Blackstone Valley district commission.
173-4	(18) Artist and curator of state owned art objects.
173-5	(19) Mental health advocate.
173-6	(20) Child advocate.
173-7	(21) The position of aquaculture coordinator and dredge coordinator within the coastal
173-8	resources management council.
173-9	(22) Employees of the office of the health insurance commissioner.
173-10	(23) In the department of revenue: the director, secretary, attorney.
173-11	SECTION 3. Section 40.1-1-9 of the General Laws in Chapter 40.1-1 entitled
173-12	“Department of Mental Health, Retardation, and Hospitals” is hereby amended to read as follows:
173-13	40.1-1-9. State council on developmental disabilities. – (a) The governor shall
173-14	establish a state council within the ~~executive~~ department of elderly affairs and advocacy and
173-15	make appropriate provisions for the rotation of membership, and appoint such representatives as
173-16	are required as a condition of eligibility for benefits under the Developmental Disabilities
173-17	Assistance and Bill of Rights Act, 42 U.S.C. § 6000 et seq., as enacted by Title V of P.L. 95-602
173-18	on November 6, 1978, by the congress of the United States, to consult with the directors of the
173-19	state departments of mental health, retardation, and hospitals, human services, children, youth,
173-20	and families, health, and elementary and secondary education in carrying out the purposes of this
173-21	chapter.
173-22	(b) The council shall review and, where appropriate, make findings and
173-23	recommendations on programs related to the care provided to persons with developmental
173-24	disabilities including, but not limited to, other services available to them. The council should
173-25	continue to strive to see that the developmentally disabled receive the substantial care and
173-26	assistance which can be provided to them and shall continue to monitor, plan, and evaluate, as
173-27	may be appropriate, those services affording protections to persons with developmental
173-28	disabilities.
173-29	SECTION 4. Sections 42-7.2-1, 42-7.2-6 and 42-7.2-6.1 of the General Laws in
173-30	Chapter 42-7.2 entitled “Office of Health and Human Services” are hereby amended to read as
173-31	follows:
173-32	42-7.2-1. Statement of intent. – The purpose of this Chapter is to develop a
173-33	consumer-centered system of publicly-financed state administered health and human services that
173-34	supports access to high quality services, protects the safety of the state's most vulnerable citizens,
174-1	and ensures the efficient use of all available resources by the five (5) departments responsible for
174-2	the health and human services programs serving all Rhode Islanders and providing direct
174-3	assistance and support services to more than 250,000 individuals and families: the department of
174-4	children, youth, and families; the department of elderly affairs and advocacy; the department of
174-5	health; the department of human services; and the department of mental health, retardation and
174-6	hospitals, collectively referred to within as "departments". It is recognized that the executive
174-7	office of health and human services and the departments have undertaken a variety of initiatives
174-8	to further this goal and that they share a commitment to continue to work in concert to preserve
174-9	and promote each other's unique missions while striving to attain better outcomes for all the
174-10	people and communities they serve. However, recent and expected changes in federal and state
174-11	policies and funding priorities that affect the financing, organization, and delivery of health and
174-12	human services programs pose new challenges and opportunities that have created an even
174-13	greater need for structured and formal interdepartmental cooperation and collaboration. To meet
174-14	this need while continuing to build on the achievements that have already been made, the interests
174-15	of all Rhode Islanders will best be served by codifying in the state's general laws the purposes and
174-16	responsibilities of the executive office of health and human services and the position of secretary
174-17	of health and human services.
174-18	42-7.2-6. Departments assigned to the executive office – Powers and duties. – (a)
174-19	The departments assigned to the secretary shall:
174-20	(1) Exercise their respective powers and duties in accordance with their statutory
174-21	authority and the general policy established by the governor or by the secretary acting on behalf
174-22	of the governor or in accordance with the powers and authorities conferred upon the secretary by
174-23	this chapter;
174-24	(2) Provide such assistance or resources as may be requested or required by the
174-25	governor and/or the secretary; and
174-26	(3) Provide such records and information as may be requested or required by the
174-27	governor and/or the secretary to the extent allowed under the provisions of any applicable general
174-28	or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of
174-29	such records or information.
174-30	(4) Forward to the secretary copies of all reports to the governor.
174-31	(b) Except as provided herein, no provision of this chapter or application thereof shall
174-32	be construed to limit or otherwise restrict the department of children, youth and families, the
174-33	department of elderly affairs and advocacy, the department of health, the department of human
174-34	services, and the department of mental health, retardation and hospitals from fulfilling any
175-1	statutory requirement or complying with any valid rule or regulation.
175-2	42-7.2-6.1. Transfer of powers and functions. – (a) There are hereby transferred to the
175-3	executive office of health and human services the powers and functions of the departments with
175-4	respect to the following:
175-5	(1) By July 1, 2007, fiscal services including budget preparation and review, financial
175-6	management, purchasing and accounting and any related functions and duties deemed necessary
175-7	by the secretary;
175-8	(2) By July 1, 2007, legal services including applying and interpreting the law,
175-9	oversight to the rule-making process, and administrative adjudication duties and any related
175-10	functions and duties deemed necessary by the secretary;
175-11	(3) By September 1, 2007, communications including those functions and services
175-12	related to government relations, public education and outreach and media relations and any
175-13	related functions and duties deemed necessary by the secretary;
175-14	(4) By March 1, 2008, policy analysis and planning including those functions and
175-15	services related to the policy development, planning and evaluation and any related functions and
175-16	duties deemed necessary by the secretary; and
175-17	(5) By June 30, 2008, information systems and data management including the
175-18	financing, development and maintenance of all data-bases and information systems and platforms
175-19	as well as any related operations deemed necessary by the secretary;
175-20	(b) The secretary shall determine in collaboration with the department directors whether
175-21	the officers, employees, agencies, advisory councils, committees, commissions, and task forces of
175-22	the departments who were performing such functions shall be transferred to the office. Duties that
175-23	are incidental to the performance of the functions transferred to the office in subpart (a) shall
175-24	remain with the departments providing that the employees responsible thereof are performing
175-25	functions that have not been transferred.
175-26	(c) In the transference of such functions, the secretary shall be responsible for ensuring:
175-27	(1) Minimal disruption of services to consumers;
175-28	(2) Elimination of duplication of functions and operations;
175-29	(3) Services are coordinated and functions are consolidated where appropriate;
175-30	(4) Clear lines of authority are delineated and followed;
175-31	(5) Cost-savings are achieved whenever feasible;
175-32	(6) Program application and eligibility determination processes are coordinated and,
175-33	where feasible, integrated; and
175-34	(7) State and federal funds available to the office and the entities therein are allocated
176-1	and utilized for service delivery to the fullest extent possible.
176-2	Except as provided herein, no provision of this chapter or application thereof shall be
176-3	construed to limit or otherwise restrict the departments of children, youth and families, human
176-4	services, elderly affairs and advocacy, health, and mental health, retardation, and hospitals from
176-5	fulfilling any statutory requirement or complying with any regulation deemed otherwise valid.
176-6	SECTION 5. Sections 42-51-1, 42-51-3, 42-51-5, 42-51-6, 41-51-6.1, 42-51-6.2, 42-51-
176-7	7, and 42-51-10 of the General Laws in Chapter 42-51 entitled “Governor’s Commission on
176-8	Disabilities” are hereby amended to read as follows:
176-9	42-51-1. Establishment of commission. – There is established within the ~~executive~~
176-10	department of elderly affairs and advocacy a permanent commission to be known as the
176-11	"governor's commission on disabilities," hereinafter referred to as "the commission."
176-12	42-51-3. Officers. -- The ~~governor~~ director of the department of elderly affairs and
176-13	advocacy shall designate one member of the commission to serve as its chairperson during the
176-14	governor’s term of office or until he or she appoints another member of the commission to serve
176-15	in that capacity. The commission shall elect from its own membership a vice-chairperson, who
176-16	shall serve until his or her successor is elected, and who is authorized to act as chairperson pro
176-17	tempore of the commission should there be a vacancy for any cause in the office of the
176-18	chairperson. ~~The commission shall elect from its own membership other officers it deems~~
176-19	~~necessary.~~ The ~~commission~~ director of the department of elderly affairs and advocacy shall
176-20	appoint an executive secretary ~~to serve as an executive officer and secretary~~ of the commission,
176-21	who shall be a full time employee in the classified service. The director of the department of
176-22	elderly affairs and advocacy may appoint additional personnel as may be necessary for the
176-23	efficient performance of the duties prescribed by this chapter.
176-24	42-51-5. Compensation and expenses. – The members of the commission shall receive
176-25	no compensation for their services, but may, at the discretion of the ~~governor~~ director of the
176-26	department of elderly affairs and advocacy, be reimbursed for traveling and other expenses
176-27	actually incurred in the performance of their official duties.
176-28	42-51-6. Duties. – It shall be the duty of the commission, under the direction of the
176-29	department of elderly affairs and advocacy, to work in cooperation with the National Council on
176-30	Disability and other interested federal, state, and local agencies, organizations, and employers in:
176-31	(1) Promoting on behalf of the people with disabilities and assuring, on behalf of the
176-32	state, that people with disabilities are afforded the opportunities to exercise all of the rights and
176-33	responsibilities accorded to citizens of this state;
176-34	(2) Arousing community interest in the concerns of people with disabilities through the
177-1	utilization of whatever community and state resources the commission may deem necessary to
177-2	accomplish the maximum in independent living and human development;
177-3	(3) Coordinating compliance with federal and state laws protecting the rights of
177-4	individuals with disabilities by state agencies;
177-5	(4) Providing technical assistance to public and private agencies, businesses, and
177-6	citizens in complying with federal and state laws protecting the rights of individuals with
177-7	disabilities; and
177-8	(5) From time to time, but not less than once a year, to report to the legislature and the
177-9	governor, describing the investigations, proceedings, and hearings the commission has conducted
177-10	and their outcome, the decisions it has rendered, and the other work performed by it, and make
177-11	recommendations for further legislation concerning abuses and discrimination based on disability
177-12	that may be desirable.
177-13	42-51-6.1. Hearing boards. – (a) The ~~commission’s chairperson~~ the director of the
177-14	department of elderly affairs and advocacy shall appoint five (5) commissioners as the hearing
177-15	board for the purpose of conducting hearings and rendering decisions on matters relating to the
177-16	provisions of chapter 87 of this title and §§ 37-8-15.1 and 42-46-13 within the jurisdiction of the
177-17	commission.
177-18	(b) Three (3) commissioners shall constitute a quorum of a hearing board.
177-19	(c) The hearing board is empowered to:
177-20	(1) Receive, investigate, and act upon charges of unlawful practices within its
177-21	jurisdiction; and
177-22	(2) In connection with any investigation or hearing held on any matter within its
177-23	jurisdiction to hold hearings, administer oaths, take the testimony of any person under oath, and
177-24	to require the production for examination of any books and papers relating to any matter under
177-25	investigation or in question before the hearing board.
177-26	42-51-6.2. Committees and mediation teams. – (a) The commission, under the
177-27	direction of the department of elderly affairs and advocacy, is authorized to create advisory
177-28	committees and mediation teams to perform tasks within the jurisdiction of the commission.
177-29	(b) The commission may itself, or it may empower these committees and mediation
177-30	teams to:
177-31	(1) Study the concerns of people with disabilities in reaching the maximum in
177-32	independent living and human development and exercising all of the rights and responsibilities
177-33	accorded to citizens of this state;
177-34	(2) Arouse community interest in the concerns of people with disabilities;
178-1	(3) Foster through community effort or otherwise good will among the groups and
178-2	elements of the population of the state towards people with disabilities; and
178-3	(4) Attempt by informal methods of conference, persuasion, and conciliation, to induce
178-4	compliance with matters within the jurisdiction of the commission.
178-5	(c) The committees and teams may make recommendations to the commission for the
178-6	development of policies and procedures in general.
178-7	(d) Advisory committees and mediation teams created by the commission shall be
178-8	composed of representative citizens serving without pay, but with reimbursement for actual and
178-9	necessary traveling expenses.
178-10	(e) Three (3) members of a committee constitutes a quorum for the purpose of
178-11	conducting the business of that committee.
178-12	42-51-7. Gifts, grants, and donations. – The commission is authorized to receive any
178-13	gifts, grants, or donations made for any of the purposes of its program, and to disburse and
178-14	administer them in accordance with the terms of its program under the direction of the department
178-15	of elderly affairs and advocacy.
178-16	42-51-10. State coordinating committee on disability rights. – The ~~commission~~
178-17	department of elderly affairs and advocacy shall establish a state coordinating committee on
178-18	disability rights to advise and assist the commission to implement self-evaluation and compliance
178-19	plans as required by federal and state laws protecting the rights of individuals with disabilities.
178-20	The committee shall be composed of thirteen (13) members who shall be as follows: one
178-21	representative of each of the general officers of the state, appointed by that general officer; one
178-22	representative of the house of representatives, appointed by the speaker of house; one
178-23	representative of the senate, appointed by the president of the senate; one representative of the
178-24	judiciary, appointed by the chief justice of the supreme court; one representative of each of the
178-25	boards of education, appointed by the chairperson of that board; one representative of the public
178-26	transit authority, appointed by the chairperson of the authority, and those additional
178-27	representatives ~~the chairperson of the governor’s commission on disabilities~~ the director of the
178-28	department of elderly affairs and advocacy may appoint from the executive branch and the
178-29	general public. Those persons acting as committee members on July 21, 1992 shall continue to so
178-30	act until their successors are appointed. Each member shall serve at the pleasure of the appointing
178-31	authority. The chairperson of the governor's commission on disabilities shall preside at meetings
178-32	of the committee. The executive secretary of the governor's commission on disabilities shall serve
178-33	as vice chairperson of the committee.
178-34	SECTION 6. Sections 42-66-1, 42-66-2, 42-66-3, 42-66-4, 42-66-5, 42-66-7, and 42-66-
179-1	8 of the General Laws in Chapter 23-1.8 entitled “Elderly Affairs and Advocacy Department” are
179-2	hereby amended to read as follows:
179-3	42-66-1. Declaration of purpose. – The legislature finds and declares:
179-4	(1) That the state has an obligation to provide for the health, safety and welfare of its
179-5	elderly citizens and persons with disabilities;
179-6	(2) That to develop and implement innovative programs to insure the dignity and
179-7	independence of our elderly citizens and persons with disabilities is essential to insure and protect
179-8	their rights;
179-9	(3) That upgrading and maintenance of services and programs pertaining to our elderly
179-10	citizens and persons with disabilities deserves priority consideration as a means of preventing
179-11	ineffective responses to their health, safety and welfare needs;
179-12	(4) That the establishment of a department of state government to provide for the
179-13	health, safety, and welfare of elderly citizens and persons with disabilities is the most effective
179-14	way to insure that they are better prepared and equipped to lead productive and meaningful lives;
179-15	and
179-16	(5) The abuse of elderly persons is a social and moral problem in our state and
179-17	nationally and the state has a responsibility to provide protection to vulnerable elderly persons
179-18	who are abused and/or neglected. The legislature recognizes that reports of elder abuse have
179-19	grown significantly and are reaching alarming proportions and that there is an immediate need to
179-20	clarify and strengthen the state's role and responsibilities in the prevention and alleviation of elder
179-21	abuse.
179-22	42-66-2. Establishment of department – Director. – There is established within the
179-23	executive branch of state government a department of elderly affairs and advocacy. The head of
179-24	the department shall be the director of elderly affairs and advocacy, who shall be a person
179-25	qualified by training and experience to perform the duties of the office. The director shall be in
179-26	the unclassified service, appointed by the governor with the advice and consent of the senate, and
179-27	shall serve at the pleasure of the governor and until the appointment and qualification of the
179-28	director's successor. The director shall receive a salary as provided by law.
179-29	42-66-3. Transfer of functions from the department of community affairs. – There
179-30	are transferred to the director of the department of elderly affairs and advocacy:
179-31	(1) Those duties with respect to elderly citizens as enacted by former §§ 42-44-9 and
179-32	42-44-10;
179-33	(2) So much of other functions or parts of functions of the director of the department of
179-34	community affairs; provided, however, that those duties with respect to housing facilities,
180-1	projects, and programs for the elderly shall be within the jurisdiction of the governor's office of
180-2	intergovernmental relations; and
180-3	(3) Whenever in the general laws or in any public law the words "administration of
180-4	division of aging," "division on aging" and "director and/or department of community affairs"
180-5	shall appear in relation to elderly affairs, the reference shall be deemed to mean and include the
180-6	director and the department of elderly affairs and advocacy, as the case may be.
180-7	(4) Those duties with respect to individuals who are deaf and hard-of-hearing, as enacted
180-8	by former §§ 23-1.8-2.1, 23-1.8-2.2 and 23.1.8-2.3.
180-9	(5) Those duties with respect to persons with developmental disabilities, as enacted by
180-10	former § 40.1-1-9.
180-11	(6) Those duties with respect to individuals with disabilities, as enacted in former §§ 42-
180-12	51-1, 42-51-2, 42-51-3, 42-51-5, 42-51-6, 42-51-6.1, 42-51-6.2, 52-51-7 and 41-51-10.
180-13	42-66-4. Duties of the department. – (a) The department shall be the principal agency
180-14	of the state to mobilize the human, physical, and financial resources available to plan, develop,
180-15	and implement innovative programs to insure the dignity and independence of elderly persons
180-16	and persons with disabilities, including the planning, development, and implementation of a home
180-17	and long-term care program for the elderly in the communities of the state.
180-18	(b) The department shall serve as an advocate for the needs of the adult with a disability
180-19	~~as these needs and services overlap the needs and services of elderly persons~~.
180-20	(2) The department shall serve as the state's central agency for the administration and
180-21	coordination of a long term care entry system, using community-based access points, that will
180-22	provide the following services related to long term care: information and referral, initial screening
180-23	for service and benefits eligibility, and a uniform assessment program for state supported long
180-24	term care.
180-25	(3) The department shall investigate reports of elder abuse and neglect and shall
180-26	provide and/or coordinate protective services.
180-27	(c) To accomplish these objectives, the director is authorized:
180-28	(1) To provide assistance to communities in solving local problems with regard to
180-29	elderly persons including, but not limited to, problems in identifying and coordinating local
180-30	resources to serve the needs of elderly persons;
180-31	(2) To facilitate communications and the free flow of information between communities
180-32	and the offices, agencies and employees of the state;
180-33	(3) To encourage and assist communities, agencies, and state departments to plan,
180-34	develop, and implement home and long-term care programs;
181-1	(4) To provide and act as a clearinghouse for information, data, and other materials
181-2	relative to elderly persons;
181-3	(5) To initiate and carry out studies and analyses which will aid in solving local,
181-4	regional, and statewide problems concerning elderly persons;
181-5	(6) To coordinate those programs of other state agencies designed to assist in the
181-6	solution of local, regional, and statewide problems concerning elderly persons;
181-7	(7) To advise and inform the governor on the affairs and problems of elderly persons in
181-8	the state;
181-9	(8) To exercise the powers and discharge the duties assigned to the director in the fields
181-10	of health care, nutrition, homemaker services, geriatric day care, economic opportunity, local and
181-11	regional planning, transportation, and education and pre-retirement programs;
181-12	(9) To further the cooperation of local, state, federal and private agencies and
181-13	institutions providing for services or having responsibility for elderly persons;
181-14	(10) To represent and act on behalf of the state in connection with federal grant
181-15	programs applicable to programs for elderly persons in the functional areas described in this
181-16	chapter;
181-17	(11) To seek, accept, and otherwise take advantage of all federal aid available to the
181-18	department, and to assist other agencies of the state, local agencies, and community groups in
181-19	taking advantage of all federal grants and subventions available for elderly persons and to accept
181-20	other sources of funds with the approval of the director of administration which shall be deposited
181-21	as general revenues;
181-22	(12) To render advice and assistance to communities and other groups in the
181-23	preparation and submission of grant applications to state and federal agencies relative to
181-24	programs for elderly persons;
181-25	(13) To review and coordinate those activities of agencies of the state and of any
181-26	political subdivision of the state at the request of the subdivision, which affect the full and fair
181-27	utilization of community resources for programs for elderly persons, and initiate programs that
181-28	will help assure such utilization;
181-29	(14) To encourage the formation of councils on aging and to assist local communities in
181-30	the development of the councils;
181-31	(15) To promote, and coordinate day care facilities for the frail elderly who are in need
181-32	of supportive care and supervision during the daytime;
181-33	(16) To provide and coordinate the delivery of in-home services to the elderly, as
181-34	defined under the rules and regulations proposed by the in-home services commission and
182-1	adopted by the department of elderly affairs and advocacy;
182-2	(17) To advise and inform the public of the risks of accidental hypothermia;
182-3	(18) To establish a clearinghouse for information and education of the elderly citizens
182-4	of the state;
182-5	(19) To establish and operate in collaboration with community and aging service
182-6	agencies a statewide family-caregiver resource network to provide and coordinate family-
182-7	caregiver training and support services to include counseling and respite services;
182-8	(20) To provide and coordinate the "elderly/disabled transportation" program; and
182-9	(21) To supervise the citizens' commission for the safety and care of the elderly created
182-10	pursuant to the provisions of chapter 1.4 of title 12.
182-11	(d) In order to assist in the discharge of the duties of the department, the director may
182-12	request from any agency of the state information pertinent to the affairs and problems of elderly
182-13	persons or persons with disabilities.
182-14	42-66-5. Divisions of department. – There shall be within the department of elderly
182-15	affairs and advocacy a division of program planning, development and operations ~~and~~ a division
182-16	of community services, and a division of services for persons with disabilities.
182-17	42-66-7. Advisory commission on aging. – (a) Within the department of elderly affairs
182-18	and advocacy there shall be an advisory commission on aging consisting of twenty-five (25)
182-19	members, four (4) of whom shall be from the general assembly as hereinafter provided, and
182-20	twenty-one (21) of whom shall be appointed by the governor, thirteen (13) of whom shall be
182-21	elderly consumers representative of that segment of the population. In the case of members of the
182-22	commission appointed by the governor, they shall be chosen and shall hold office for three (3)
182-23	years, except that in the original appointments, seven (7) members shall be designated to serve for
182-24	one year, seven (7) members shall be designated to serve for two (2) years and seven (7) members
182-25	shall be designated to serve for three (3) years, respectively, and until their respective successors
182-26	are appointed and qualified. In the month of February in each year the governor shall appoint
182-27	successors to the members of the commission whose terms shall expire in such year to hold office
182-28	until the first day of March in the third year after their appointment and until their respective
182-29	successors are appointed and qualified.
182-30	(b) The four (4) members from the general assembly shall be appointed, two (2) from
182-31	the house of representatives by the speaker, one from each of the two (2) major political parties,
182-32	and two (2) from the senate by the president of the senate, one each from the two (2) major
182-33	political parties, each to serve until the thirty-first day of December in the second year of the term
182-34	to which the member has been elected. Any vacancy, which may occur in the commission, shall
183-1	be filled in like manner as the original appointment, for the remainder of the unexpired term.
183-2	(c) The members of the commission at the first meeting shall elect a chairperson and
183-3	such other officers as they may deem necessary. The commission shall meet at the call of the
183-4	governor or the chairperson and shall make suggestions to and advise the governor or the director
183-5	concerning the policies and problems confronting the aged and aging of the state. The members
183-6	of the commission shall serve without compensation but shall be compensated for their necessary
183-7	and actual traveling expenses in the performance of their official duties.
183-8	42-66-8. Abuse, neglect, exploitation and self-neglect of elderly persons – Duty to
183-9	report. – Any person who has reasonable cause to believe that any person sixty (60) years of age
183-10	or older has been abused, neglected, or exploited, or is self-neglecting, shall make an immediate
183-11	report to the director of the department of elderly affairs and advocacy or his or her designee. In
183-12	cases of abuse, neglect or exploitation, any person who fails to make the report shall be punished
183-13	by a fine of not more than one thousand dollars ($1,000). Nothing in this section shall require an
183-14	elder who is a victim of abuse, neglect, exploitation or who is self-neglecting to make a report
183-15	regarding such abuse, neglect, exploitation or self-neglect to the director or his or her designee.
183-16	SECTION 7. Chapter 44-66 of the General Laws entitled “Elderly Affairs Department”
183-17	is hereby amended by adding thereto the following section:
183-18	44--66-18. Name change - Wherever in the general or public laws, there appears the
183-19	words “department of elderly affairs”, it should now read, “department of elderly affairs and
183-20	advocacy”.
183-21	SECTION 8. Sections 42-6-1, 42-6-2, and 42-6-3, of the General Laws in Chapter 42-6
183-22	entitled “Departments of State Government” are hereby amended to read as follows:
183-23	42-6-1. Enumeration of departments. – All the administrative powers and duties
183-24	heretofore vested by law in the several state departments, boards, divisions, bureaus,
183-25	commissions, and other agencies shall be vested in the following departments and other agencies
183-26	which are specified in this title:
183-27	(a) Executive department (chapter 7 of this title);
183-28	(b) Department of state (chapter 8 of this title);
183-29	(c) Department of the attorney general (chapter 9 of this title);
183-30	(d) Treasury department (chapter 10 of this title);
183-31	(e) Department of administration (chapter 11 of this title);
183-32	(f) Department of business regulation (chapter 14 of this title);
183-33	(g) Department of children, youth, and families (chapter 72 of this title);
183-34	(h) Department of corrections (chapter 56 of this title);
184-1	(i) Department of elderly affairs and advocacy (chapter 66 of this title);
184-2	(j) Department of elementary and secondary education (chapter 60 of title 16);
184-3	(k) Department of environmental management (chapter 17.1 of this title);
184-4	(l) Department of health (chapter 18 of this title);
184-5	(m) Board of governors for higher education (chapter 59 of title 16);
184-6	(n) Department of labor and training (chapter 16.1 of this title);
184-7	(o) Department of mental health, retardation, and hospitals (chapter 12.1 of this title);
184-8	(p) Department of human services (chapter 12 of this title);
184-9	(q) Department of transportation (chapter 13 of this title);
184-10	(r) Public utilities commission (chapter 14.3 of this title).
184-11	(s) Department of revenue (chapter 143 of title 44).
184-12	42-6-2. Heads of departments. – The governor, secretary of state, attorney general, and
184-13	general treasurer, hereinafter called general officers, shall each be in charge of a department.
184-14	There shall also be a director of administration, a director of revenue, a director of human
184-15	services, a director of mental health, retardation, and hospitals, a director of transportation, a
184-16	director of business regulation, a director of labor and training, a director of environmental
184-17	management, a director for children, youth, and families, a director of elderly affairs and
184-18	advocacy, and a director of corrections. Each director shall hold office at the pleasure of the
184-19	governor and he or she shall serve until his or her successor is duly appointed and qualified unless
184-20	the director is removed from office by special order of the governor.
184-21	42-6-3. Appointment of directors. – (a) At the January session following his or her
184-22	election to office, the governor shall appoint a director of administration, a director of revenue, a
184-23	director of human services, a director of mental health, retardation, and hospitals, a director of
184-24	transportation, a director of business regulation, a director of labor and training, a director of
184-25	environmental management, a director for children, youth, and families, a director of elderly
184-26	affairs and advocacy, and a director of corrections. The governor shall, in all cases of
184-27	appointment of a director while the senate is in session, notify the senate of his or her
184-28	appointment and the senate shall, within sixty (60) legislative days after receipt of the notice, act
184-29	upon the appointment. If the senate shall, within sixty (60) legislative days, vote to disapprove the
184-30	appointment it shall so notify the governor, who shall forthwith appoint and notify the senate of
184-31	the appointment of a different person as director and so on in like manner until the senate shall
184-32	fail to so vote disapproval of the governor's appointment. If the senate shall fail, for sixty (60)
184-33	legislative days next after notice, to act upon any appointment of which it has been notified by the
184-34	governor, the person so appointed shall be the director. The governor may withdraw any
185-1	appointment of which he or she has given notice to the senate, at any time within sixty (60)
185-2	legislative days thereafter and before action has been taken thereon by the senate.
185-3	(b) Except as expressly provided in § 42-6-9, no director of any department shall be
185-4	appointed or employed pursuant to any contract of employment for a period of time greater than
185-5	the remainder of the governor's current term of office. Any contract entered into in violation of
185-6	this section after [July 1, 1994] is hereby declared null and void.
185-7	SECTION 9. Any proceeding or other business or matter undertaken or commenced,
185-8	prior to the effective date of this article, by a commission, council, or other administrative
185-9	agency, the functions, powers, and duties whereof are assigned and transferred to the department
185-10	of elderly affairs and advocacy and are pending on the effective date of this act, may be
185-11	conducted and completed by the director of the department of elderly affairs and advocacy, or by
185-12	a subordinate under his or her direction, in the same manner and under the same terms and
185-13	conditions and with the same effect as though it were undertaken or commenced or completed by
185-14	the commission, council or other administrative agency prior to said transfer.
185-15	SECTION 10. The omission in this act of a citation of any general law or public law now
185-16	in force which makes it mandatory upon or permissive for any commission, council or other
185-17	agency of the state to perform certain functions, which by this article are assigned or transferred
185-18	to the department of elderly affairs and advocacy, shall not, unless otherwise clearly intended,
185-19	suspend or annul the right of the department to carry out such functions.
185-20	SECTION 11. In order that there be no interruption in the functions of the department of
185-21	elderly affairs and advocacy, the actual transfer of functions between any existing commissions,
185-22	council, or agencies to the department may be postponed after the effective date of this act until
185-23	such time, as determined by director of elderly affairs and advocacy, that the transfer herein
185-24	provided can best be put into force and effect.
185-25	SECTION 12. This article shall take effect upon passage. The transfer of all
185-26	appropriations, resources, and personnel to the department of elderly affairs and advocacy shall
185-27	occur as of July 1, 2008.
185-28	ARTICLE 44
185-29	RELATING TO DEPARTMENT OF PUBLIC SAFETY
185-30	SECTION 1. Section 5-15-13 of the General Laws in Chapter 5-15 entitled “Itinerant
185-31	Vendors” is hereby amended to read as follows:
185-32	5-15-13. Enforcement – Failure to produce license as evidence – Seizure. – (a) It is
185-33	the duty of the officers in each town and city in this state to see that the provisions of this chapter
185-34	are complied with and to prosecute for violations of those provisions. All of those officers shall
186-1	have power to demand the production of the proper state and local licenses from any itinerant
186-2	vendor advertising or actually engaged in business, and any failure to produce those licenses shall
186-3	be prima facie evidence against the vendor that he or she has none.
186-4	(b) Property held out for sale by any itinerant vendor in this state without a permit to
186-5	make sales at retail issued by the division of taxation is subject to seizure, without a warrant, by
186-6	the tax administrator, his or her agents or employees, ~~or by any~~ ~~sheriff, deputy sheriff~~, or police
186-7	officer of the state when directed by the tax administrator to do so. Any property seized may be
186-8	offered by the tax administrator for sale at public auction to the highest bidder after advertisement
186-9	to discharge any tax liability owed to the state; provided, that any property seized in that manner
186-10	is not released until the tax administrator is satisfied that all taxes owed to the state are paid and
186-11	the retailer is in compliance with the sales/use tax law.
186-12	SECTION 2. Section 5-22-22 of the General Laws in Chapter 5-22 entitled “Shows and
186-13	Exhibitions” is hereby repealed.
186-14	~~§ 5-22-22. Obstruction of sheriff or deputies. – Any person who hinders or obstructs any~~
186-15	~~sheriff or deputy sheriff in entering any exhibition, performance, or place mentioned in this~~
186-16	~~chapter is, upon conviction, guilty of obstructing an officer and liable to the penalty imposed in §~~
186-17	~~11-32-1.~~
186-18	SECTION 3. Sections 9-5-6, 9-5-7, 9-5-10, and 9-5-15 of the General Laws in Chapter
186-19	9-5 entitled “Writs, Summons and Process” are hereby amended to read as follows:
186-20	9-5-6. Writs and process operating throughout state – Officers to whom directed. –
186-21	All writs and process shall run throughout the state, and shall be directed to the executive high
186-22	sheriffs ~~of all the counties in the state~~, or to ~~their deputies~~ deputy sheriffs but if the executive high
186-23	sheriff, or deputy sheriff ~~of any county~~ is a party to the action or suit, the process, if to be served
186-24	~~in that county~~, shall, in addition to the former direction, be directed to town sergeants in the
186-25	county, and may be served by any one of them not a party to the action or suit.
186-26	9-5-7. Direction of writs for arrest or execution against the body. – All writs
186-27	whatsoever, commanding the arrest of a defendant, or executions running against the body of a
186-28	defendant, shall be directed for service only to the executive high sheriffs or ~~their deputies~~ deputy
186-29	sheriffs, to the Rhode Island state fugitive task force, or if the writ is to be served in the town of
186-30	New Shoreham, it may be directed to the town sergeant of the town, subject to the provisions of §
186-31	9-5-8, and no writ of arrest shall be served by any other officer.
186-32	9-5-10. Direction and return of district courts writs and summonses. – Writs and
186-33	summonses issued by a district court shall be made returnable to the court at the place and on the
186-34	day and hour provided by law, to be named in the writs and summonses, and shall, except as
187-1	otherwise specifically provided, be directed to the executive high sheriff, the deputy sheriffs
187-2	~~sheriff 's deputies~~, or to either of the town sergeants or constables licensed pursuant to § 45-16-
187-3	4.1 of the county in which the action shall be brought, or pursuant to § 45-16-4.3 for statewide
187-4	service; provided, that writs of arrest and writs, summonses, and executions issued by a district
187-5	court in actions for possession of tenements or estates let or held at will or by sufferance shall be
187-6	directed to the executive high sheriff or deputy sheriffs ~~the sheriff 's deputies in the county in~~
187-7	~~which the action shall be brought~~ and service thereof shall be made by the executive high sheriff
187-8	or the deputy sheriffs ~~sheriff 's deputies~~, or by the Rhode Island state fugitive task force; and
187-9	provided, further, that in actions wherein the debt or damages demanded exceed three hundred
187-10	dollars ($300), a town sergeant of the county in which the action is brought shall have power to
187-11	serve the writs or summonses only if his or her certificate of appointment has been endorsed
187-12	approving such use thereof by the judge of the district court having jurisdiction in the city or town
187-13	by which the sergeant was appointed or elected. In case any person upon whom it is necessary to
187-14	make service of any writ, summons, or execution issued by a district court is, or has estate, in any
187-15	other county than the one in which the action is brought, the writ, summons, or execution may
187-16	also be directed to and served by the like officer of such other county.
187-17	9-5-15. Form for writs of replevin. – Writs of replevin shall be substantially in the
187-18	following form:
187-19	WRIT OF REPLEVIN.
187-20	THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
187-21	SC. To the executive high sheriffs ~~of our several counties~~ and deputy sheriffs ~~to their~~
187-22	~~deputies~~,
187-23	(SEAL) ; ; Greeting:
187-24	We command you that you replevy, if to be found within your precinct, the goods and
187-25	chattels following, viz.: (Here enumerate and particularly describe them) belonging to of
187-26	; now taken (detained, or attached as the case may be) by ; of ; at
187-27	; in the county of ; and them deliver unto the said ; , provided the same
187-28	are not taken, attached, or detained upon original writ, mesne process, warrant of distress, or upon
187-29	execution as the property of the said ; and summon the said to appear on the return-
187-30	day hereof (said return-day being the ; day of ; A. D. 19 20 ) in the SUPERIOR
187-31	COURT to be holden at the county courthouse at ; , to answer unto the said ; in a
187-32	plea of replevin that the said ; on the ; day of ; at said
187-33	; unlawfully, and without justifiable cause, took the goods and chattels of the said
187-34	as aforesaid, and them unlawfully detained unto this day, (or, unlawfully detained the
188-1	goods and chattels aforesaid, as the case may be) to the damage of the said , as he says,
188-2	; dollars.
188-3	Hereof fail not, and make true return of this writ with your doings thereon, together with
188-4	the bond you shall take of the plaintiff.
188-5	Witness, the seal of our superior court, at ; this ; day of ; in the
188-6	year , Clerk.
188-7	SECTION 4. Section 9-10-11 of the General Laws in Chapter 9-10 entitled “Selection of
188-8	Jury” is hereby amended to read as follows:
188-9	9-10-11. Fines levied against jurors. – All fines incurred by jurors and persons returned
188-10	or notified as jurors under this chapter shall be levied and collected to the use of the state by
188-11	warrant of distress from the court, directed to the division of sheriffs within the department of
188-12	public safety. ~~sheriff or his or her deputy of the county in which the person dwells or his or her~~
188-13	~~estate is to be found.~~
188-14	SECTION 5. Sections 10-5-17 and 10-5-32 of the General Laws in Chapter 10-5
188-15	entitled “Attachment” are hereby amended to read as follows:
188-16	10-5-17. Release of real estate on bond. – ~~Each~~ The executive high sheriff or deputy
188-17	sheriff ~~in each county wherein any officer~~ commanded by any original writ or writ of mesne
188-18	process to attach the real estate or right, title, and interest in the real estate of any defendant, who
188-19	has attached the real estate or defendant's right, title, and interest therein, whether during his or
188-20	her tenure as executive high sheriff or during the tenure of a prior executive high sheriff, shall, by
188-21	himself or herself or through his or her deputies, release and discharge the attachment upon the
188-22	public records at any time after the attachment and before final judgment or decree:
188-23	(1) Upon being tendered a bond, running to the executive high sheriff and his or her
188-24	successors in office, by the defendant or someone in his or her behalf with sufficient surety,
188-25	which surety shall be a surety corporation authorized so to act in this state, in the penal sum of the
188-26	amount of damages stated in the writ, with condition that the bond shall be null and void if there
188-27	is a settlement or discontinuance of the action or cause, or if the final judgment or decree in the
188-28	action or cause in which the writ of attachment was served shall be immediately paid and satisfied
188-29	after the rendition of the final judgment or decree, or if the execution issued in the writ be
188-30	returned satisfied, or if final judgment or decree in the action or cause is for the defendant, or
188-31	upon the happening of any event which, ipso facto, would have resulted in the extinguishment of
188-32	the lien of the attachment had the attachment not been released and discharged pursuant to the
188-33	provisions of this section; or
188-34	(2) Upon payment by a defendant, or by someone in his or her behalf, of the amount of
189-1	damages stated in the writ, into the registry of the court in which the action or cause is then
189-2	pending, and the clerk thereof shall immediately notify the executive high sheriff of the fact of
189-3	the payment and thereafter shall pay from the amount so deposited to the plaintiff, if final
189-4	judgment or decree is in his or her favor, so much thereof as may be required to satisfy his or her
189-5	execution, and shall pay the balance, if any, of the amount so deposited, with actual accrued
189-6	interest, if any, to the defendant, and if judgment or decree in the action or cause is for defendant,
189-7	in the event upon presentation of execution in his or her favor, the amount so deposited, with
189-8	actual accrued interest, if any, shall be immediately paid to the defendant, but such amount may
189-9	at any time be paid by the clerk as the parties may by their agreement stipulate, or as the court
189-10	upon motion of any party in interest may direct.
189-11	10-5-32. Surety on defendant's bond – Lien on surety's real estate. – Whenever a the
189-12	executive high sheriff or a deputy sheriff shall take a bond for the release of goods and chattels
189-13	attached on an original writ or a writ of mesne process, in which the ad damnum shall be more
189-14	than one thousand dollars ($1,000), the bond shall be in the penal sum of the amount of damages
189-15	stated in the writ, with some surety company authorized to do business in this state as surety,
189-16	unless the defendant can furnish as surety a resident of the state satisfactory to the officer taking
189-17	the bond, who is the owner of real estate in this state having a value over all incumbrances
189-18	thereon, equal to the penal sum of the amount of damages stated in the writ. In case the owner of
189-19	such real estate is accepted as surety, the bond shall contain a description of the real estate, so that
189-20	the real estate may be readily identified in the records of land evidence of the city or town in
189-21	which it is situated, and also a statement by the surety of the value of the real estate free from all
189-22	incumbrances, and the description and the valuation shall be sworn to by the surety, and his or her
189-23	affidavit shall be made a part of the bond. Before the goods and chattels are released, an attested
189-24	copy of the bond shall be filed with the recorder of deeds, but if there is no recorder of deeds,
189-25	then with a city or town clerk of the city or town in which the real estate is situated, and the copy
189-26	shall be recorded in the same manner as copies of writs of attachment are recorded under the
189-27	provisions of this chapter, and the bond shall be a lien upon the real estate described in the bond
189-28	until the action in which the attachment was made is disposed of, or the bond is cancelled by the
189-29	plaintiff, or by his or her attorney of record, or by order of a court of competent jurisdiction. The
189-30	officer taking the bond shall be allowed a fee of one dollar and fifty cents ($1.50) for making a
189-31	copy of the bond, and the fee for the copy, together with the fee for recording, shall be a part of
189-32	the costs in the case. Any lien created by the provisions of this section may be established,
189-33	foreclosed, and enforced by a civil action, which action may be heard, tried, and determined
189-34	according to the usages in chancery and the principles of equity.
190-1	SECTION 6. Sections 10-10-2, 10-10-3, 10-10-11, 10-10-12 of the General Laws in
190-2	Chapter 10-10 entitled “Imprisonment on Civil Process” are hereby amended to read as follows:
190-3	10-10-2. Form of writ from superior court. – An original writ of arrest issued from the
190-4	superior court shall be substantially in the following form:
190-5	THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
190-6	SC.
190-7	To the executive high sheriff~~s of our several counties~~, or to ~~their deputies~~ the deputy
190-8	sheriffs,
190-9	(SEAL) Greeting: ;
190-10	We command you to arrest the body of of , if to be found in your precinct,
190-11	and in safe custody keep, to answer the complaint of of on the return day
190-12	hereof (said return day being the day of A. D. 19 20 ) in the SUPERIOR COURT to be
190-13	holden at the county courthouse at , in an action of as by declaration to be filed in
190-14	court will be fully set forth, to the damage of the plaintiff, as he or she says, dollars.
190-15	Hereof fail not, and make true return of this writ with your doings thereon.
190-16	Witness, the seal of our superior court, at this day of in the year .
190-17	, Clerk.
190-18	10-10-3. Form of writ from district court. – An original writ of arrest issued from a
190-19	district court shall be substantially in the following form:
190-20	THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
190-21	SC.
190-22	To the executive high sheriff ~~of the county of~~ , his or her deputies, or to either of
190-23	the town sergeants or constables in said county,
190-24	(SEAL) Greeting: ;
190-25	We command you to arrest the body of of , if to be found in your precinct,
190-26	and in safe custody keep, to answer the complaint of of , (The remainder as in
190-27	a writ of summons.)
190-28	10-10-11. Bonds and obligations not provided for void. – If any executive high
190-29	sheriff, deputy sheriff, town sergeant, constable or the warden of the adult correctional
190-30	institutions shall take or receive from any prisoner in his or her custody any bond, obligation,
190-31	covenant, promise, or assurance whatsoever, to indemnify and save harmless the person taking
190-32	the bond, obligation, convenant, promise, or assurance for the enlargement or ease of the
190-33	prisoner, in any other form or manner than is prescribed by law for taking bail on mesne process
190-34	in a civil action, or is prescribed in this chapter or chapter 12 of this title, every such bond,
191-1	obligation, covenant, promise or assurance whatsoever, shall be utterly void.
191-2	10-10-12. Payment of prisoner's board. – Whenever any person shall be imprisoned in
191-3	or committed to the adult correctional institution upon original writ, mesne process, execution, or
191-4	surrender or commitment by bail, in any action whatsoever, the party at whose suit the person is
191-5	imprisoned, or committed for the benefit of or at the request of the United States of America shall
191-6	pay to the warden of the institution in which he or she is imprisoned or committed the sum of two
191-7	hundred ten dollars ($210), per week in advance for the board of the prisoner or person,
191-8	reckoning the board from the time of the commitment; which payment in advance shall continue
191-9	to be made by the creditor or the United States of America during the time the person shall be
191-10	detained at his or her suit; provided, however, that in all cases in which any person shall be
191-11	imprisoned under an original writ, mesne process, execution against the body or because of
191-12	surrender or commitment by bail, in any suit in favor of the state and in all cases where the person
191-13	is held in civil or criminal contempt by any court of the state, or any commitment under § 15-5-
191-14	16, no board need be demanded by or paid to the warden. Provided, further, however, that in all
191-15	applicable cases of commitment, the party so committing shall pay the board in advance until one
191-16	week after notice in writing of the commitment shall have been duly served upon the party, or his
191-17	or her attorney of record, by the executive high sheriff, his or her deputy, or other duly qualified
191-18	officer and lodged with the warden of the institution where the person is committed.
191-19	SECTION 7. Section 11-31-8 of the General Laws in Chapter 11-31 entitled “Obscene
191-20	and Objectionable Publications and Shows” is hereby repealed:
191-21	~~§ 11-31-8. Entry of premises by sheriff or deputies. – The sheriff of any county or any of~~
191-22	~~his deputies, when so directed by him or her, may, in the discharge of their duties, enter any~~
191-23	~~exhibition, performance, or place mentioned in this chapter or chapter 22 of title 5.~~
191-24	SECTION 8. Section 11-34-4 of the General Laws in Chapter 11-34 entitled “Prostitution
191-25	and Lewdness” is hereby amended to read as follows:
191-26	11-34-4. Search for and delivery of inmate of house of ill fame. – Whenever there is
191-27	reason to believe that any person has been inveigled, enticed, induced, persuaded, or encouraged
191-28	to enter a house of ill fame or other place where prostitution is allowed or practiced, or is being
191-29	kept, held, detained, or restrained in any house of ill fame or other place where prostitution is
191-30	allowed or practiced, upon complaint being made under oath by any director of human services,
191-31	member of the division of state police, ~~sheriff, deputy sheriff~~, chief of police, town sergeant, or
191-32	constable, or by the parent, master, or guardian of the person, to any justice or clerk of a district
191-33	court authorized to issue warrants, the justice or clerk may issue a warrant to enter by day or night
191-34	the house of ill fame or other place, to search for the person, and to bring that person and the
192-1	person in whose possession or keeping he or she may be found before the district court. The court
192-2	may, on examination, order that person to be delivered to the director of human services, parent,
192-3	master, or guardian, or to be placed in the charge of a probation officer, or to be discharged in
192-4	accordance with law.
192-5	SECTION 9. Section 11-44-3 of the General Laws in Chapter 11-44 entitled “Trespass
192-6	and Vandalism” is hereby amended to read as follows:
192-7	11-44-3. Arrest and detention of persons taking fruits and vegetables. – Every
192-8	~~sheriff, deputy sheriff~~, town or city sergeant, constable, or police officer, who shall discover any
192-9	person or persons in the act of taking and carrying away any growing fruit or vegetables as
192-10	prohibited by § 11-44-2, shall arrest that person or persons and detain the person or persons in
192-11	custody until a complaint can be made against him, her, or them for the offense for which he, she,
192-12	or they shall have been arrested and until he, she, or they be taken on a warrant issued upon the
192-13	complaint; provided, that the arrest and detention without a warrant shall not continue longer than
192-14	the space of twenty-four (24) hours.
192-15	SECTION 10. Sections 12-2.2-1, 12-2.2-4, and 12-2.2-5 of the General Laws in Chapter
192-16	12-2.2 entitled “Capitol Police for Public Buildings” are hereby amended to read as follows:
192-17	12-2.2-1. Appointment of capitol police. – The director of ~~administration~~ public safety
192-18	may appoint qualified persons to act as "capitol police officers," who shall be members of the
192-19	state classified service. Upon appointment of an officer, the director shall issue to the person a
192-20	license to act as a capitol police officer and the license shall, in the courts of this state, be
192-21	evidence of the validity of the appointment of the person named and of his or her authority to act
192-22	as a capitol police officer at any of the buildings or grounds within the jurisdiction of the division
192-23	of public buildings as assigned by the chief of public buildings.
192-24	12-2.2-4. Continuing powers of state and local police. – Appointment of capitol police
192-25	officers pursuant to this chapter shall in no way limit the powers, authority, and responsibility of
192-26	state police and police of the various cities and towns to enforce state law and municipal
192-27	ordinances on property owned or leased by the state of Rhode Island. The division of state police
192-28	and city and town police shall assist capitol police officers in matters relating to the detention and
192-29	arraignment of prisoners for court. Capitol police officers shall submit reports concerning an
192-30	arrest to the department of public safety and the division processing the arrest, whether the
192-31	division of state police or the police in the city or town the state owned property is located.
192-32	12-2.2-5. Classes in law enforcement. – All capitol police shall be required to attend
192-33	and successfully complete any law enforcement courses that the director of ~~administration~~ of
192-34	public safety shall require. These law enforcement courses will be conducted by either the state
193-1	police or the municipal police training school for the benefit of the capitol police.
193-2	SECTION 11. Section 12-4-2 of the General Laws in Chapter 12-4 entitled
193-3	“Recognizance to Keep the Peace” is hereby amended to read as follows:
193-4	12-4-2 . Warrant to apprehend accused. – If the complainant shall then, before the
193-5	judge or justice of the peace, enter into a recognizance in a sum not exceeding fifty dollars
193-6	($50.00), and with this surety, as the judge or justice of the peace shall direct and approve, with
193-7	condition to prosecute the complaint with effect, or in default of prosecution to pay the costs that
193-8	may accrue to the state, the judge or justice of the peace shall issue a warrant returnable
193-9	immediately, annexing to the warrant the complaint, or reciting its substance in it, directed to the
193-10	~~sheriff, deputy sheriffs~~, town sergeants, and constables in the county in which the division is, and
193-11	to the like officers in the county in which the accused may be supposed to belong, reside, or be
193-12	found, and requiring the officer who shall be charged with the service of the warrant immediately
193-13	to apprehend the accused and have him or her before the district court for the division in which
193-14	the offense shall be alleged to have been committed.
193-15	SECTION 12. Sections 12-5-3 and 12-5-8 of the General Laws in Chapter 12-5 entitled
193-16	“Search Warrants” are hereby amended to read as follows:
193-17	12-5-3. Issuance and contents. – (a) A warrant shall issue only upon complaint in
193-18	writing, under oath of:
193-19	(1) A chief of police, deputy chief of police or other members of the police force of any
193-20	city or town, ~~sheriff, or deputy sheriff of any county,~~ member of the division of state police, full
193-21	time conservation officer of the department of environmental management, or other person
193-22	specifically authorized by law to bring complaints for violation of the law which it is his or her
193-23	responsibility to enforce;
193-24	(2) Additionally, in the case of property stolen, embezzled, or obtained by fraud or false
193-25	pretenses, any person who has a right to the possession of the property.
193-26	(b) Within fourteen (14) days of the issuance of any warrant under this chapter, whether
193-27	or not executed, the warrant, accompanied by any supporting affidavits and an inventory of any
193-28	property seized, shall be returned to the district court having jurisdiction over the place of the
193-29	search or, in the event of a warrant that is not executed, the court from which it was issued. The
193-30	returns shall be maintained by the district court according to the date of issuance. If not otherwise
193-31	indicated, the return shall note whether the warrant was executed.
193-32	12-5-8 . Hearing upon seizure of matter alleged to be obscene. – Whenever any
193-33	~~sheriff, deputy sheriff~~, municipal or state police officer, or any other person authorized by law to
193-34	execute a search warrant shall seize any property alleged to be obscene, pursuant to a search
194-1	warrant issued under the provisions of this chapter, the person in whose possession it is found or
194-2	who claims a proprietary interest in it shall be entitled to a hearing before the superior court on
194-3	the question of whether or not the property is obscene within three (3) days of the time a written
194-4	demand is submitted to a judge of the superior court and notice served upon the attorney general,
194-5	or in the case of towns and cities the chief legal officer of the town or city, and if a hearing is
194-6	held, the court shall render a decision on the question within forty-eight (48) hours of the
194-7	conclusion of the hearing. If by the decision the court determines that the matter is not obscene, it
194-8	shall be immediately returned to the person.
194-9	SECTION 13. Sections 12-6-6, 12-6-7, 12-6-7.1, and 12-6-7.2 of the General Laws in
194-10	Chapter 12-6 entitled “Warrants for Arrest” are hereby amended to read as follows:
194-11	12-6-6. Surety for costs not required of police officers. – (a) Whenever any complaint
194-12	shall be made by ~~the sheriff or any deputy sheriff of any county, or by~~ any member of the division
194-13	of state police, any member of the campus police forces at the state colleges or universities, or
194-14	any conservation officer of the department of environmental management, or by the chief of
194-15	police, deputy chief of police, commander, captain, police inspector, or other member of the
194-16	police force, or town sergeant of any city or town, within any division of the district court, to the
194-17	judge of the district court or to any justice of the peace authorized to issue warrants in the
194-18	division, against any person for any criminal offense committed within the division, ~~the sheriff,~~
194-19	~~deputy sheriff~~, member of the division of state police, member of the campus police forces at the
194-20	state colleges or universities, conservation officer of the department of environmental
194-21	management, chief of police, deputy chief of police, commander, captain, police inspector or
194-22	other member of the police force, or city or town sergeant shall not be required to give surety for
194-23	costs, but shall give his or her personal recognizance and be liable in his or her individual
194-24	capacity for the costs.
194-25	(b) In addition to the officials specified in subsection (a) of this section, the following
194-26	persons shall be subject to its provisions:
194-27	(1) Police sergeants, lieutenants, and detectives in the town of Bristol;
194-28	(2) All members of the town of Barrington police force above the rank of patrol officer;
194-29	(3) A police sergeant or his or her superior in the town of Johnston;
194-30	(4) Police lieutenants and sergeants in the city of Cranston;
194-31	(5) Any police lieutenant or police sergeant in the town of Coventry;
194-32	(6) Any police lieutenant in the town of North Kingstown;
194-33	(7) All members of the town of Lincoln police force above the rank of patrol officer;
194-34	(8) Police lieutenants, detective sergeants, and sergeants in the town of Westerly;
195-1	(9) All members of the town of Portsmouth police force above the rank of patrol
195-2	officer;
195-3	(10) All members of the town of Burrillville police force above the rank of patrol
195-4	officer;
195-5	(11) All members of the town of Glocester police force above the rank of patrol officer;
195-6	(12) All members of the town of Scituate police force above the rank of patrol officer;
195-7	(13) All members of the town of Middletown police force above the rank of patrol
195-8	officer;
195-9	(14) All lieutenants and detective sergeants of the town of South Kingstown police
195-10	force;
195-11	(15) Police sergeants in the town of Warren;
195-12	(16) Police sergeants and lieutenants in the city of Woonsocket;
195-13	(17) A police sergeant or his or her superior in the town of Foster;
195-14	(18) All members of the town of Hopkinton police force above the rank of patrol
195-15	officer;
195-16	(19) All members of the campus police force at the University of Rhode Island, Rhode
195-17	Island College, or the Community College of Rhode Island, above the rank of campus police
195-18	officer;
195-19	(20) A police sergeant, the town sergeant or any officer of higher rank in the town of
195-20	New Shoreham;
195-21	(21) All members of the town of Cumberland police force above the rank of patrol
195-22	officer;
195-23	(22) Any police sergeant or his or her superior in the town of Charlestown;
195-24	(23) A police sergeant or his or her superior in the town of North Smithfield;
195-25	(24) All members of the town of East Greenwich police force above the rank of patrol
195-26	officer;
195-27	(25) All members of the Richmond police department, designated by the chief of
195-28	police;
195-29	(26) All lieutenants of the city of East Providence police department;
195-30	(27) All investigators of the department of attorney general appointed pursuant to § 42-
195-31	9-8.1;
195-32	(28) All members of the town of West Greenwich police force above the rank of
195-33	corporal;
195-34	(29) All inspectors and agents of the Rhode Island state fugitive task force appointed
196-1	pursuant to § 12-6-7.2; and
196-2	(30) All members of the Rhode Island airport police department at or above the rank of
196-3	inspector.
196-4	12-6-7. Warrants issued to other divisions. – Whenever any judge of the district court,
196-5	or any justice of the peace, shall issue his or her warrant against any person charged with an
196-6	offense committed in a division of the district court, and the person so charged shall escape into,
196-7	reside, or be in any other county than the one in which the division is, the judge or justice of the
196-8	peace may direct his or her warrant to ~~each and~~ ~~all~~ the executive high sheriffs, deputy sheriffs,
196-9	city or town sergeants, and constables within the state, requiring them to apprehend the person
196-10	and bring him or her before the division of the district court having jurisdiction of the offense, to
196-11	be dealt with according to law; the officers shall obey and execute the warrant, and be protected
196-12	from obstruction and assault in executing the warrant as in service of other process.
196-13	12-6-7.1. Service of arrest warrants. – (a) Whenever any judge of any court shall issue
196-14	his or her warrant against any person for failure to appear or comply with a court order, or for
196-15	failure to make payment of a court ordered fine, civil assessment, or order of restitution, the judge
196-16	may direct the warrant to ~~each and all~~ the executive high sheriffs and deputy sheriffs, the warrant
196-17	squad, or any peace officer as defined in § 12-7-21, requiring them to apprehend the person and
196-18	bring him or her before the court to be dealt with according to law; and the officers shall obey and
196-19	execute the warrant, and be protected from obstruction and assault in executing the warrant as in
196-20	service of other process. The person apprehended shall, in addition to any other costs incurred by
196-21	him or her, be ordered to pay a fee for service of this warrant in the sum of one hundred twenty-
196-22	five dollars ($125). Twenty-five dollars ($25.00) of the above fee collected as a result of a
196-23	warrant squad arrest shall be divided among the local law enforcement agencies assigned to the
196-24	warrant squad. Any person apprehended on a warrant for failure to appear for a cost review
196-25	hearing in the superior court may be released upon posting with a justice of the peace the full
196-26	amount due and owing in court costs as described in the warrant or bail in an other amount or
196-27	form that will ensure the defendant's appearance in the superior court at an ability to pay hearing,
196-28	in addition to the one hundred twenty-five dollars ($125) warrant assessment fee described above.
196-29	Any person detained as a result of the actions of the justice of the peace in acting upon the
196-30	superior court cost warrant shall be brought before the superior court at its next session. Such
196-31	monies shall be delivered by the justice of the peace to the court issuing the warrant on the next
196-32	court business day.
196-33	(b) Any person arrested pursuant to a warrant issued by a municipal court may be
196-34	presented to a judge of the district court, or a justice of the peace authorized to issue warrants
197-1	pursuant to § 12-10-2, for release on personal recognizance or bail when the municipal court is
197-2	not in session. The provisions of this section shall apply only to criminal and not civil cases
197-3	pending before the courts.
197-4	12-6-7.2. Warrant squad. – (a) There is established a statewide warrant squad which
197-5	shall be known as the Rhode Island state fugitive task force, whose purpose is to arrest
197-6	individuals for whom arrest warrants have been issued and remain outstanding.
197-7	(b) The warrant squad shall consist of ~~a director, assistant director, additional~~ members,
197-8	whose title shall be ~~task force agents~~, investigators, and ~~the~~ deputy sheriffs and police officers
197-9	that are provided for in this section.
197-10	(c) All state, county, local law enforcement and criminal justice agencies may assign
197-11	personnel to be members of the warrant squad. ~~to assist the director or assistant director~~. All
197-12	personnel assigned to the warrant squad during their normal work hours shall be paid their regular
197-13	salary by their respective departments and there shall be no reimbursement for these payments.
197-14	The warrant squad shall be responsible for supervising the conduct of all law enforcement
197-15	officers employed by it pursuant to this chapter and the state, and not the city or town, shall be
197-16	liable for the actions of any municipal police officer which are committed on behalf of and under
197-17	the direction and supervision of the warrant squad.
197-18	(d) Federal, state and local officers assigned to the Rhode Island state fugitive task
197-19	force as fugitive investigators shall exercise the same authority as the statutory agents appointed
197-20	under this section as long as the officer is under the direct supervision of the warrant squad. The
197-21	authorization for local police officers acting under the authority of this statute shall be on file at
197-22	the office of the Rhode Island state fugitive task force.
197-23	(e) The superintendent of the state police shall appoint ~~the director, assistant director,~~
197-24	~~and the~~ members of the warrant squad. ~~The salary of the director and the assistant director shall~~
197-25	~~be set by the department of administration in accordance with chapter 4 of title 36~~. The fees
197-26	collected in the amount of one hundred twenty-five dollars ($125) assessed to the arrestee when
197-27	apprehended and brought to court shall be deposited as general revenues. Each arrestee who has
197-28	been apprehended shall be assessed the fee in the amount of one hundred twenty-five dollars
197-29	($125) in addition to any other court costs imposed. All fees collected shall be deposited as
197-30	general revenues, and distributed consistent with the provisions of § 12-6-7.1.
197-31	(f) ~~The Providence county sheriff shall make suitable office facilities available to the~~
197-32	~~squad until the state police make suitable space available.~~ The police departments of every city
197-33	and town and the state police shall make available to the squad temporary detention facilities. All
197-34	fees collected shall be deposited as general revenues.
198-1	(g) The warrant squad shall be under the authority of, and report to, the superintendent
198-2	of the state police.
198-3	(h) The statewide warrant squad shall commence on September 1, 1989, and all state
198-4	and local police, law enforcement and criminal justice agencies shall cooperate with the Rhode
198-5	Island state fugitive task force in carrying out the provisions of this chapter.
198-6	(i) The Rhode Island state fugitive task force shall adopt and implement standards,
198-7	policies, and regulations applicable to its scope and purpose of locating and arresting fugitives
198-8	from justice.
198-9	(j) Persons appointed as ~~director, assistant director, and inspectors~~ investigators must
198-10	have completed a basic course for police or law enforcement officers at a certified federal
198-11	(including military), state, or local law enforcement training academy or must document a record
198-12	of equivalent qualifying experience in an on-the-job training program. Persons appointed to be
198-13	~~either director or assistant director~~, investigators must, ~~in addition to the preceding~~, have three (3)
198-14	years of law enforcement experience and three (3) years of law enforcement management or
198-15	command experience or the equivalent.
198-16	(k) The ~~director, the assistant director, and inspectors and officers~~ investigators
198-17	assigned ~~on temporary duty~~ to the Rhode Island state fugitive task force may carry firearms,
198-18	apply for and execute search and arrest warrants and subpoenas, serve summonses, and apply for
198-19	court or grand jury process, and will have statewide authority to serve warrants to locate and
198-20	arrest persons who are fugitives or who have failed to appear in state court for violations of
198-21	Rhode Island general laws or court orders or who are fugitives located in Rhode Island from
198-22	jurisdictions outside the state of Rhode Island, and may make arrests without a warrant in the
198-23	execution of court orders for any offenses committed in their presence if they have reasonable
198-24	grounds to believe that the person to be arrested has committed or is committing a crime
198-25	cognizable under Rhode Island general laws.
198-26	SECTION 14. Section 17-22-3 of the General Laws in Chapter 17-22 entitled
198-27	“Tabulations and Certification of Returns by State Board” is hereby repealed.
198-28	~~17-22-3. Deputy sheriffs attending sessions – Disturbance of proceedings.~~ – ~~The~~
198-29	~~sheriff of Providence County shall assign as many of the sheriff's deputies as the state board may~~
198-30	~~request to attend upon the board during its sessions to preserve order. The orders of the presiding~~
198-31	~~officer of the board at the meetings shall be obeyed by the deputies, and they shall, at the~~
198-32	~~direction of the presiding officer, remove from the room where any session is being held any~~
198-33	~~person not a member of the board. Any person who disturbs or interferes with the proceedings of~~
198-34	~~any session shall be guilty of a misdemeanor.~~
199-1	SECTION 15. Section 22-4-1 of the General Laws in Chapter 22-4 entitled “Exemption
199-2	from Process” is hereby amended to read as follows:
199-3	22-4-1. Warrants to compel attendance. – The attendance of senators elect and
199-4	representatives elect, and of senators and representatives, may be compelled by warrant for that
199-5	purpose under the hand of the presiding officer for the time being of the senate or house of
199-6	representatives, as the case may be, directed to ~~any~~ the executive high sheriff or deputy sheriff,
199-7	which warrant may be executed by that officer. ~~in any county.~~
199-8	SECTION 16. Section 22-6-1 of the General Laws in Chapter 22-6 entitled “Committees
199-9	and Staff” is hereby amended to read as follows:
199-10	22-6-1. Deputy Sheriffs and deputies in attendance. – The number of deputy sheriffs
199-11	~~or their deputies~~ who shall attend upon the general assembly, at any session of it, shall not exceed
199-12	three (3) in both chambers, unless by special order of the general assembly.
199-13	SECTION 17. Sections 23-28.2-1 and 23-28.2-23, of the General Laws in Chapter 23-
199-14	28.2 entitled “Division of Fire Safety” are hereby amended to read as follows:
199-15	23-28.2-1. Establishment of division and state fire marshal. – There shall be a
199-16	division of state fire marshal within the ~~state executive~~ department of public safety, the head of
199-17	which division shall be the state fire marshal. The state fire marshal shall be appointed by the
199-18	governor with the advice and consent of the senate and shall serve for a period of five (5) years.
199-19	During the term the state fire marshal may be removed from office by the governor for just cause.
199-20	All authority, powers, duties and responsibilities previously vested in the division of fire safety
199-21	are hereby transferred to the division of state fire marshal.
199-22	23-28.2-23. Fire education and training coordinating board. – (a) There is hereby
199-23	created within the division of fire safety a fire education and training coordinating board
199-24	comprised of thirteen (13) members appointed by the governor with the advice and consent of the
199-25	senate. In making said appointments, the governor shall give due consideration to including in the
199-26	board's membership representatives of the following groups:
199-27	(1) Chiefs of fire departments with predominately fully paid personnel, defined as
199-28	departments in which the vast majority of members are full-time, salaried personnel.
199-29	(2) Chiefs of fire departments with part paid/combination personnel, defined as
199-30	departments in which members consist of both full-time salaried personnel and a large percentage
199-31	of volunteer or call personnel.
199-32	(3) Chiefs of fire departments with predominately volunteer personnel, defined as
199-33	departments in which the vast majority of members respond voluntarily and receive little or no
199-34	compensation.
200-1	(4) Rhode Island firefighters' instructor's association.
200-2	(5) Rhode Island department of environmental management.
200-3	(6) Rhode Island fire safety association.
200-4	(7) Rhode Island state firefighter's league.
200-5	(8) Rhode Island association of firefighters.
200-6	(9) Regional firefighters leagues.
200-7	(b) The state fire marshal and the chief of training and education shall serve as ex-
200-8	officio members.
200-9	(c) Members of the board as of the effective date of this act [March 29, 2006] shall
200-10	continue to serve for the balance of their current terms. Thereafter, members shall be appointed to
200-11	three (3) year terms. No person shall serve more than two (2) consecutive terms, except that
200-12	service on the board for a term of less than two (2) years resulting from an initial appointment or
200-13	an appointment for the remainder of an unexpired term shall not constitute a full term.
200-14	(d) Members shall hold office until a successor is appointed, and no member shall serve
200-15	beyond the time he or she ceases to hold office or employment by reason of which he or she was
200-16	eligible for appointment.
200-17	(e) All gubernatorial appointments made after the effective date of this act [March 29,
200-18	2006] shall be subject to the advice and consent of the senate. No person shall be eligible for
200-19	appointment to the board after the effective date of this act [March 29, 2006] unless he or she is a
200-20	resident of this state.
200-21	(f) Members shall serve without compensation, but shall receive travel expenses in the
200-22	same amount per mile approved for state employees.
200-23	(g) The board shall meet at the call of the chairperson or upon written petition of a
200-24	majority of the members, but not less than six (6) times per year.
200-25	(h) Staff support to the board ~~beyond that which can~~ will be provided by the state fire
200-26	marshal. ~~shall be provided by the~~ ~~governor's justice commission.~~
200-27	(i) The board shall:
200-28	(1) Establish bylaws to govern operational procedures not addressed by legislation.
200-29	(2) Elect a chairperson and vice-chairperson of the board in accordance with bylaws to
200-30	be established by the board.
200-31	(3) Develop and offer training programs for fire fighters and fire officers based on
200-32	applicable NFPA standards used to produce training and education courses.
200-33	(4) Develop and offer state certification programs for instructors based on NFPA
200-34	standards.
201-1	(5) Monitor and evaluate all programs to determine their effectiveness.
201-2	(6) Establish a fee structure in an amount necessary to cover costs of implementing the
201-3	programs.
201-4	(7) Within ninety (90) days after the end of each fiscal year, approve and submit an
201-5	annual report to the governor, the speaker of the house of representatives, the president of the
201-6	senate, and the secretary of state of its activities during that fiscal year. The report shall provide:
201-7	an operating statement summarizing meetings or hearing held, including meeting minutes,
201-8	subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted,
201-9	policies and plans developed, approved or modified and programs administered or initiated; a
201-10	consolidated financial statement of all funds received and expended including the source of the
201-11	funds, a listing of any staff supported by these funds, and a summary of any clerical,
201-12	administrative or technical support received; a summary of performance during the previous
201-13	fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings,
201-14	complaints, suspensions, or other legal matters related to the authority of the council; a summary
201-15	of any training courses held pursuant to the provisions of this section; a briefing on anticipated
201-16	activities in the upcoming fiscal year and findings and recommendations for improvements. The
201-17	report shall be posted electronically on the general assembly and secretary of state's websites as
201-18	prescribed in § 42-20-8.2. The director of the department of administration shall be responsible
201-19	for the enforcement of the provisions of this subsection.
201-20	(8) Conduct a training course for newly appointed and qualified members within six (6)
201-21	months of their qualification or designation. The course shall be developed by the chair of the
201-22	board, approved by the board, and conducted by the chair of the board. The board may approve
201-23	the use of any board or staff members or other individuals to assist with training. The training
201-24	course shall include instruction in the following areas: the provisions of chapters 42-46, 36-14,
201-25	and 38-2; and the commission's rules and regulations. The ~~director of the department of~~
201-26	~~administration~~ state fire marshal shall, within ninety (90) days of the ~~effective date of this act~~
201-27	[March 29, 2006], prepare and disseminate training materials relating to the provisions of
201-28	chapters 42-46, 36-14, and 38-2.
201-29	(j) In an effort to prevent potential conflicts of interest, any fire education and training
201-30	coordinating board member shall not simultaneously serve as a paid instructor and/or
201-31	administrator within the fire education and training unit.
201-32	(k) A quorum for conducting all business before the board, shall be at least seven (7)
201-33	members.
201-34	(l) Members of the board shall be removable by the governor pursuant to the provisions
202-1	of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal
202-2	reasons unrelated to capacity or fitness for the office shall be unlawful.
202-3	SECTION 18. Section 28-2-8 of the General Laws in Chapter 28-2 entitled “Duty to
202-4	Work in Time of War” is hereby repealed.
202-5	~~§ 28-2-8. Duty of law enforcement officers to seek unemployed persons.~~ – ~~After the~~
202-6	~~issuance of the proclamation in § 28-2-1, it shall be the duty of the sheriffs and deputy sheriffs of~~
202-7	~~the respective counties and of any other officer, state, county, or municipality charged with~~
202-8	~~enforcing the law, to seek and continue to seek diligently the names and places of residence of~~
202-9	~~able-bodied male persons within their respective jurisdictions between the ages of eighteen (18)~~
202-10	~~and fifty (50) not regularly or continuously employed.~~
202-11	SECTION 19. Sections 35-6-20, 35-6-22, 35-6-23, 35-6-24, 36-6-25, and 35-6-31 of the
202-12	General Laws in Chapter 35-6 entitled “Accounts and Control” are hereby amended to read as
202-13	follows:
202-14	35-6-20. Audit of accounts of officers receiving money for state. – The department of
202-15	administration shall examine and audit all accounts between the state and clerks of courts,
202-16	executive high sheriff and deputy sheriffs, jailers, town councils, town treasurers, and licensed
202-17	persons from whom an account is by law required, and all other persons indebted to the state, or
202-18	who may receive money belonging to the state; and, for the purpose of making the audits, it may
202-19	require the production of such documentary and other evidence by the accounting party as it shall
202-20	think proper.
202-21	35-6-22. Forms for costs of summoning state witnesses in criminal cases. – The
202-22	department of administration, at every session of the superior court, shall provide the executive
202-23	high sheriff or deputy sheriff, who shall be selected by the attorney general to summon witnesses
202-24	in criminal cases before the court in behalf of the state, with suitable books for the certificates of
202-25	the travel and attendance of witnesses summoned and attending the court in behalf of the state,
202-26	and for the certificates of the fees of officers for summoning the witnesses, and for serving other
202-27	criminal process in behalf of the state at each session.
202-28	35-6-23. Payment of costs of witnesses in criminal cases. – Whenever any witness
202-29	shall have been discharged from further attendance at the superior court at a session in any case,
202-30	in pursuance of any summons issued in behalf of the state, the executive high sheriff or deputy
202-31	sheriff, as the case may be, shall forthwith obtain the proper certificate of the travel and
202-32	attendance of the witness in one of the books, shall pay him or her the amount so certified to be
202-33	due, from the funds provided for, shall cause the witness to receipt therefor in the book, all under
202-34	the proper title of the case in which the witness shall be summoned, and, under a division of the
203-1	certificates, shall indicate whether the witness was summoned before a grand jury or a petit jury.
203-2	The executive high sheriff or deputy sheriff shall likewise pay all fees due officers, other than
203-3	him or herself, for serving criminal process issued by the court in behalf of the state at a session,
203-4	and, after obtaining proper certificates and receipts therefor, record in a book, under the proper
203-5	title of the case and division thereof to which the fees apply, the items of the fees and the amount
203-6	received.
203-7	35-6-24. Certification of fees for summoning state witnesses. – The executive high
203-8	sheriff or deputy sheriff shall certify in one of the books, under the proper title of the case and the
203-9	division thereof to which his or her fees apply, the amount of his or her fees for summoning each
203-10	witness in behalf of the state, the number of miles he or she has traveled in making service, and
203-11	the amount due him or her therefor, together with the amount and items of all other fees due him
203-12	or her for serving other criminal process in behalf of the state, which amount he or she may
203-13	receive for the use of the state, after receipting therefor in the book, under the proper title of the
203-14	case on account of which the fees are due.
203-15	35-6-25. Advance of estimated costs of witnesses before grand jury. – At or before
203-16	the summoning in of any grand jury in any county, and from time to time during any session
203-17	thereof, the executive high sheriff or deputy sheriff may estimate the amount of money requisite
203-18	for the payment of the witnesses, for the officers' fees for summoning the witnesses, and for
203-19	service of other criminal process in behalf of the state at any session, and until a grand jury shall
203-20	again be summoned in, and, on the approval of an estimate by the attorney general, the state
203-21	controller may, at any time not more than three (3) days before the summoning in of the grand
203-22	jury, draw his or her order on the general treasurer in favor of the executive high sheriff or deputy
203-23	sheriff for the amount of the estimated fees, and the general treasurer shall pay the order and
203-24	charge fees to the account of the judicial expenses of the state.
203-25	35-6-31. Accounting for fines and forfeitures by others than clerks and justices. –
203-26	The executive high Ssheriffs, deputy sheriffs, jailers, and other persons, except clerks of courts
203-27	and justices of district courts, receiving fines, penalties, and forfeitures accruing or belonging to
203-28	the state, or costs due or payable into the state treasury, shall account with the department of
203-29	administration for the fines, penalties, forfeitures, and costs, as often as may be required by the
203-30	department.
203-31	SECTION 20. Section 36-4-2 of the General Laws in Chapter 36-2 entitled “Merit
203-32	System” is hereby amended to read as follows:
203-33	36-4-2. Positions in unclassified service. – The classified service shall comprise all
203-34	positions in the state service now existing or hereinafter established, except the following specific
204-1	positions which with other positions heretofore or hereinafter specifically exempted by legislative
204-2	act shall constitute the unclassified service:
204-3	(1) Officers and legislators elected by popular vote and persons appointed to fill
204-4	vacancies in elective offices.
204-5	(2) Employees of both houses of the general assembly.
204-6	(3) Officers, secretaries, and employees of the office of the governor, office of the
204-7	lieutenant governor, department of state, department of the attorney general, and the treasury
204-8	department.
204-9	(4) Members of boards and commissions appointed by the governor, members of the
204-10	state board of elections and the appointees of the board, members of the commission for human
204-11	rights and the employees of the commission, and directors of departments.
204-12	(5) The following specific offices:
204-13	(i) In the department of administration: director, chief information officer;
204-14	(ii) In the department of business regulation: director;
204-15	(iii) In the department of elementary and secondary education: commissioner of
204-16	elementary and secondary education;
204-17	(iv) In the department of higher education: commissioner of higher education;
204-18	(v) In the department of health: director;
204-19	(vi) In the department of labor and training: director, administrative assistant,
204-20	administrator of the labor board and legal counsel to the labor board;
204-21	(vii) In the department of environmental management: director;
204-22	(viii) In the department of transportation: director;
204-23	(ix) In the department of human services: director;
204-24	(x) In the state properties committee: secretary;
204-25	(xi) In the workers' compensation court: judges, administrator, deputy administrator,
204-26	clerk, assistant clerk, clerk secretary;
204-27	(xii) In the department of elderly affairs: director;
204-28	(xiii) In the department of mental health, retardation, and hospitals: director;
204-29	(xiv) In the department of corrections: director, assistant director
204-30	(institutions/operations), assistant director (rehabilitative services), assistant director
204-31	(administration), and wardens;
204-32	(xv) In the department of children, youth and families: director, one assistant director,
204-33	one associate director, and one executive director;
204-34	(xvi) In the public utilities commission: public utilities administrator;
205-1	(xvii) In the water resources board: general manager;
205-2	(xviii) In the human resources investment council: executive director.
205-3	(xix) In the office of health and human services: secretary of health and human
205-4	services.
205-5	(6) Chief of the hoisting engineers, licensing division, and his or her employees;
205-6	executive director of the veterans memorial building and his or her clerical employees.
205-7	(7) One confidential stenographic secretary for each director of a department and each
205-8	board and commission appointed by the governor.
205-9	(8) Special counsel, special prosecutors, regular and special assistants appointed by the
205-10	attorney general, the public defender and employees of his or her office, and members of the
205-11	Rhode Island bar occupying a position in the state service as legal counsel to any appointing
205-12	authority.
205-13	(9) The academic and/or commercial teaching staffs of all state institution schools, with
205-14	the exception of those institutions under the jurisdiction of the board of regents for elementary
205-15	and secondary education and the board of governors for higher education.
205-16	(10) Members of the military or naval forces, when entering or while engaged in the
205-17	military or naval service.
205-18	(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the
205-19	supreme, superior, family, and district courts, the traffic tribunal, jurors and any persons
205-20	appointed by any court.
205-21	(12) Election officials and employees.
205-22	(13) ~~Administrator, executive~~ Executive high sheriff, ~~sheriffs, chief deputy sheriffs,~~
205-23	deputy sheriffs, and other employees of the sheriff's division within the department of
205-24	~~administration~~ public safety and security officers of the traffic tribunal.
205-25	(14) Patient or inmate help in state charitable, penal, and correctional institutions and
205-26	religious instructors of these institutions and student nurses in training, residents in psychiatry in
205-27	training, and clinical clerks in temporary training at the institute of mental health within the state
205-28	of Rhode Island medical center.
205-29	(15) Persons employed to make or conduct a temporary and special inquiry,
205-30	investigation, project or examination on behalf of the legislature or a committee therefor, or on
205-31	behalf of any other agency of the state if the inclusion of these persons in the unclassified service
205-32	is approved by the personnel administrator. The personnel administrator shall notify the house
205-33	fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person
205-34	in the unclassified service.
206-1	(ii) The duration of the appointment of a person, other than the persons enumerated in
206-2	this section, shall not exceed ninety (90) days or until presented to the department of
206-3	administration. The department of administration may extend the appointment another ninety (90)
206-4	days. In no event shall the appointment extend beyond one hundred eighty (180) days.
206-5	(16) Members of the division of state police within the department of public safety.
206-6	(17) Executive secretary of the Blackstone Valley district commission.
206-7	(18) Artist and curator of state owned art objects.
206-8	(19) Mental health advocate.
206-9	(20) Child advocate.
206-10	(21) The position of aquaculture coordinator and dredge coordinator within the coastal
206-11	resources management council.
206-12	(22) Employees of the office of the health insurance commissioner.
206-13	(23) In the department of revenue: the director, secretary, attorney.
206-14	(24) In the department of public safety: the director.
206-15	SECTION 21. Sections 37-8-10 and 37-8-16 of the General Laws in Chapter 37-8
206-16	entitled “Public Buildings” are hereby amended to read as follows:
206-17	37-8-10. Hours State House open – Maintenance of good order. – The department of
206-18	administration shall fix the hours for opening and closing the State House, but the hours so fixed
206-19	shall not prevent access by the public to the offices therein during the time when it is provided by
206-20	law that they shall be kept open. It shall be the duty of the department to maintain good order in
206-21	the State House and upon the grounds surrounding the State House,. The capitol police, ~~and~~ the
206-22	bureau of police and fire of the city of Providence, ~~the sheriff of Providence county,~~ and the
206-23	superintendent of state police shall assign such number of officers for that purpose as the
206-24	department may from time to time request.
206-25	37-8-16. Walkie-talkies Portable communications for capitol police. – All members
206-26	of the capitol police who are assigned to the state house shall be supplied and have on their
206-27	person a ~~walkie-talkie~~ portable communications device while on their tour of duty.
206-28	SECTION 22. Sections 39-21-2, 39-21-3, 39-21-6, 39-21-7, and 39-21-10 of the General
206-29	Laws in Chapter 39-21 entitled “E-911 Uniform Emergency Telephone System Division” are
206-30	hereby amended to read as follows:
206-31	39-21-2. Establishment of the E-911 uniform emergency telephone system division.
206-32	– There is hereby established within the ~~executive~~ department of public safety the E-911 uniform
206-33	emergency telephone system division with all powers and authority necessary for acquiring,
206-34	planning, designing, constructing, extending, improving, operating, and maintaining the uniform
207-1	emergency telephone system in this state.
207-2	39-21-3. Personnel. – (a) The governor shall appoint an ~~executive~~ associate director of
207-3	the E-911 uniform emergency telephone system division who shall direct the affairs of the
207-4	division. The division may employ technical experts and other officers, agents, and attorneys and
207-5	fix their qualifications, duties, and compensation. The ~~executive~~ associate director and the
207-6	technical experts, officers, agents, and attorneys so employed shall be in the unclassified service
207-7	of the state. The division may employ other employees, permanent and temporary, and the
207-8	employees shall be in the unclassified service of the state. The division may delegate to one or
207-9	more of its agents or employees such administrative duties as it may deem proper.
207-10	(b) The department of administration shall furnish the division with suitable offices and
207-11	telephone service in the state house, state office building, or some other ~~convenient~~ location, for
207-12	the transaction of business.
207-13	39-21-6. Cooperation with federal government. – (a) The division shall have full and
207-14	complete authority to cooperate with and assist the federal government in all matters relating to
207-15	the planning, constructing, equipping, maintenance, and operation of the project in the event that
207-16	the federal government should make any federal funds or federal assistance available therefor.
207-17	(b) The division or any officers or executives designated by it, may act as agent of the
207-18	federal government in accordance with the requirements of any federal legislation related to
207-19	federal assistance.
207-20	(c) The division is hereby authorized to accept the provisions of any federal legislation,
207-21	and may file written evidence of each acceptance with the federal government. Each acceptance
207-22	shall be duly signed by the ~~executive~~ associate director or such other person or persons as the
207-23	governor or director of public safety may designate.
207-24	(d) The division may enter into all necessary contracts and agreements with the federal
207-25	or state governments, or any agency thereof, necessary or incident to the project, and all contracts
207-26	and agreements shall be signed in the name of the division by the ~~executive~~ associate director or
207-27	some other person or persons designated by the governor or director of public safety.
207-28	39-21-7. Applications for federal and state aid. – Whenever it shall be necessary to
207-29	obtain assistance from the federal or state government in the form of loans, advances, grants,
207-30	subsidies, and otherwise, directly or indirectly, for the execution of the project, the division may
207-31	make all necessary applications for such purposes. All applications shall be made in writing in the
207-32	name of the division and shall be duly signed by the ~~executive~~ associate director or such other
207-33	person or persons as the governor or director of public safety may designate.
207-34	39-21-10. Appropriation of revenues. – With the exception of money received by the
208-1	division from the sale or licensing of communications and educational materials regarding the use
208-2	of 911 as a uniform emergency telephone number and system, all money received by the division
208-3	for the use of the facilities of the project shall be paid over to the general treasurer and by him or
208-4	her deposited in the fund. All money in the fund is hereby appropriated by the provisions of the
208-5	chapter to be expended by the division for administration and all expenses relating to the
208-6	planning, construction, equipping, operational, and maintenance of the project; and the state
208-7	controller is hereby authorized and directed to draw his or her orders upon the general treasurer
208-8	for the payment of such sum or sums as may be necessary from time to time. All money received
208-9	by the division for the sale or licensing of communications and educational materials as described
208-10	in this chapter shall be deposited into a separate account or fund by the general treasurer for the
208-11	sole restricted purpose of financially supporting the creation, distribution, and use of public
208-12	educational materials regarding the use of 911 as a uniform emergency telephone number and
208-13	system. For these purposes, the state controller is hereby authorized and directed to draw his or
208-14	her orders upon the general treasurer for the payment of such sum or sums as may be necessary
208-15	from time to time as determined by the ~~executive~~ associate director or his or her designee.
208-16	SECTION 23. Sections 42-6-1, 42-6-2, and 42-6-3 of the General Laws in Chapter 42-6
208-17	entitled “Departments of State Government” are hereby amended to read as follows:
208-18	42-6-1. Enumeration of departments. – All the administrative powers and duties
208-19	heretofore vested by law in the several state departments, boards, divisions, bureaus,
208-20	commissions, and other agencies shall be vested in the following departments and other agencies
208-21	which are specified in this title:
208-22	(a) Executive department (chapter 7 of this title);
208-23	(b) Department of state (chapter 8 of this title);
208-24	(c) Department of the attorney general (chapter 9 of this title);
208-25	(d) Treasury department (chapter 10 of this title);
208-26	(e) Department of administration (chapter 11 of this title);
208-27	(f) Department of business regulation (chapter 14 of this title);
208-28	(g) Department of children, youth, and families (chapter 72 of this title);
208-29	(h) Department of corrections (chapter 56 of this title);
208-30	(i) Department of elderly affairs (chapter 66 of this title);
208-31	(j) Department of elementary and secondary education (chapter 60 of title 16);
208-32	(k) Department of environmental management (chapter 17.1 of this title);
208-33	(l) Department of health (chapter 18 of this title);
208-34	(m) Board of governors for higher education (chapter 59 of title 16);
209-1	(n) Department of labor and training (chapter 16.1 of this title);
209-2	(o) Department of mental health, retardation, and hospitals (chapter 12.1 of this title);
209-3	(p) Department of human services (chapter 12 of this title);
209-4	(q) Department of transportation (chapter 13 of this title);
209-5	(r) Public utilities commission (chapter 14.3 of this title).
209-6	(s) Department of revenue (chapter 143 of title 44).
209-7	(t) Department of public safety (chapter 7.3 of this title)
209-8	42-6-2. Heads of departments. – The governor, secretary of state, attorney general, and
209-9	general treasurer, hereinafter called general officers, shall each be in charge of a department.
209-10	There shall also be a director of administration, a director of revenue, a director of public safety, a
209-11	director of human services, a director of mental health, retardation, and hospitals, a director of
209-12	transportation, a director of business regulation, a director of labor and training, a director of
209-13	environmental management, a director for children, youth, and families, a director of elderly
209-14	affairs, and a director of corrections. Each director shall hold office at the pleasure of the
209-15	governor and he or she shall serve until his or her successor is duly appointed and qualified unless
209-16	the director is removed from office by special order of the governor.
209-17	42-6-3. Appointment of directors. – (a) At the January session following his or her
209-18	election to office, the governor shall appoint a director of administration, a director of revenue, a
209-19	director of public safety, a director of human services, a director of mental health, retardation, and
209-20	hospitals, a director of transportation, a director of business regulation, a director of labor and
209-21	training, a director of environmental management, a director for children, youth, and families, a
209-22	director of elderly affairs, and a director of corrections. The governor shall, in all cases of
209-23	appointment of a director while the senate is in session, notify the senate of his or her
209-24	appointment and the senate shall, within sixty (60) legislative days after receipt of the notice, act
209-25	upon the appointment. If the senate shall, within sixty (60) legislative days, vote to disapprove the
209-26	appointment it shall so notify the governor, who shall forthwith appoint and notify the senate of
209-27	the appointment of a different person as director and so on in like manner until the senate shall
209-28	fail to so vote disapproval of the governor's appointment. If the senate shall fail, for sixty (60)
209-29	legislative days next after notice, to act upon any appointment of which it has been notified by the
209-30	governor, the person so appointed shall be the director. The governor may withdraw any
209-31	appointment of which he or she has given notice to the senate, at any time within sixty (60)
209-32	legislative days thereafter and before action has been taken thereon by the senate.
209-33	(b) Except as expressly provided in § 42-6-9, no director of any department shall be
209-34	appointed or employed pursuant to any contract of employment for a period of time greater than
210-1	the remainder of the governor's current term of office. Any contract entered into in violation of
210-2	this section after [July 1, 1994] is hereby declared null and void.
210-3	SECTION 24. Section 42-7-7 of the General Laws in Chapter 42-7 entitled “Executive
210-4	Department” is hereby amended to read as follows:
210-5	42-7-7. Transfer of functions from the E-911 uniform emergency telephone system
210-6	authority to the executive department of public safety. – (a) There is hereby transferred to the
210-7	~~executive~~ department of public safety all of the powers, authority and duties necessary to operate
210-8	the E-911 uniform emergency telephone system contained in chapter 21 of title 39.
210-9	(b) The corporate existence of the E-911 uniform emergency telephone system
210-10	authority is hereby terminated and all its rights and properties are hereby vested in the E-911
210-11	uniform emergency telephone system division in the ~~executive~~ department of public safety of the
210-12	state of Rhode Island.
210-13	(c) In addition to any of its other powers and responsibilities, the ~~division~~ department of
210-14	public safety is authorized and empowered to accept any grants made available by the United
210-15	States government or any agency thereof, and the division, with the approval of the governor, is
210-16	authorized and empowered to perform such acts and enter into all necessary contracts and
210-17	agreements with the United States of America or any agency thereof as may be necessary in such
210-18	manner and degree as shall be deemed to be in the best interest of the state. The proceeds of
210-19	grants so received shall be paid to the general treasurer of the state and by him or her deposited in
210-20	a separate fund and shall be utilized for the purposes of the grants.
210-21	(4) E-911 uniform emergency telephone system benefits are extremely valuable and
210-22	this service would be an enhancement to the quality of life throughout our state.
210-23	SECTION 25. TITLE 42 of the General Laws entitled “State Affairs and Government” is
210-24	hereby amended by adding thereto the following chapter:
210-25	CHAPTER 42-7.3
210-26	DEPARTMENT OF PUBLIC SAFETY
210-27	42-7.3-1. Declaration of purpose. – The purpose of this chapter is to establish a public
210-28	safety department. This department is responsible to consolidate the law enforcement services
210-29	presently provided by six divisions and agencies within the executive branch of state government.
210-30	The consolidation of these divisions and agencies into a department of public safety will assure
210-31	the provision of professional services; will enable the most efficient and effective use of the
210-32	state’s public safety resources; will allow for the consolidation of such functions as
210-33	communications, training, and operating procedures; and will protect the lives and promote the
210-34	safety of the citizens of this state.
211-1	42-7.3-2. Department of public safety. – There is hereby established within the
211-2	executive branch of state government a department of public safety.
211-3	42-7.3-3. Powers and duties of the department. – The department of public safety shall
211-4	be responsible for the management and administration of the following divisions and agencies:
211-5	(a) Office of the capitol police (chapter 2.2 of title 12)
211-6	(b) State fire marshal (chapter 28.2 of title 23)
211-7	(c) E-911 emergency telephone system division (chapter 28.2 of title 39)
211-8	(d) Rhode Island state police (chapter 28 of title 39)
211-9	(e) Municipal police training academy (chapter 28.2 of title 42)
211-10	(f) Division of sheriffs (chapter 29 of title 42)
211-11	42-7.3-4. Responsibilities of the Department. The department of public safety is
211-12	responsible to:
211-13	(a) Improve the economy, efficiency, coordination, and quality of public safety services
211-14	policy and planning, budgeting and financing, communications and training.
211-15	(b) Increase public confidence by conducting independent reviews of public safety issues
211-16	in order to promote accountability and coordination across divisions and agencies; .
211-17	(c) Ensure that state public safety policies and programs are responsive to changing needs
211-18	to the network of public safety organizations that deliver similar services and efforts.
211-19	42-7.3-5. Director of Public Safety – Appointment. – The department of public safety
211-20	shall be administered by a director, who shall also serve as superintendent of the Rhode Island
211-21	state police. The director shall be appointed by the governor and shall hold office at the pleasure
211-22	of the governor and until a successor is appointed and qualified.
211-23	42-7.3-6. Duties and responsibilities of the director. –(a) The director shall be
211-24	responsible to the governor for managing the department of public safety and for providing
211-25	strategic leadership and direction to the divisions and agencies within the department. The
211-26	director of public safety is authorized to:
211-27	(b) Coordinate the administration and financing of public safety services and programs.
211-28	(c) Serve as the governor's chief advisor and liaison to federal policymakers on public
211-29	safety issues as well as the principal point of contact in the state on any such related matters.
211-30	(d) Resolve administrative, jurisdictional, operational, program, or policy conflicts
211-31	among divisions and agencies and to take necessary action;
211-32	(e) Assure continued progress toward improving the quality, the economy, the
211-33	accountability and the efficiency of state-administered public safety services;
211-34	(f) Prepare and integrate comprehensive budgets for the divisions and agencies within the
212-1	department.
212-2	(g) Utilize objective data to evaluate public safety goals, resource use and outcome
212-3	evaluation and to perform short and long-term policy planning and development.
212-4	(h) Conduct independent reviews of state public safety programs.
212-5	(i) Provide regular and timely reports to the governor and make recommendations with
212-6	respect to the state's public safety needs
212-7	(j) Employ such personnel and contract for such consulting services as may be required to
212-8	perform the powers and duties lawfully conferred upon the director.
212-9	42-7.3-6. Assignment and reassignment of advisory bodies. – The governor may, by
212-10	executive order, reassign any advisory bodies, boards, or commissions associated or affiliated
212-11	with the divisions or agencies of the department of public safety.
212-12	42-7.3-7. Appointment of employees. – The director, subject to the provisions of
212-13	applicable state law, shall be the appointing authority for all employees of the department of
212-14	public safety.
212-15	42-7.3-8. Division of sheriffs. – (a) Division established. A division of sheriffs is hereby
212-16	established within the department of public safety. This division shall be responsible for statewide
212-17	activities assigned by law which relate to the duties and functions of the sheriffs of the several
212-18	counties. The division also shall be responsible for all statewide activities assigned by law which
212-19	relate to the duties and functions of state marshals. Among its other responsibilities, the division
212-20	shall also be responsible for courtroom security and cellblocks in all state courthouses, training of
212-21	personnel, transportation of individuals charged with crimes, and special operations.
212-22	(b) Powers and Duties. (1) The division of sheriffs shall have the following powers and
212-23	duties:
212-24	(i) To provide and maintain security for judges at all state courts;
212-25	(ii) To provide and maintain security in all courtrooms and other public areas within state
212-26	courthouses;
212-27	(iii) To provide and maintain security in the cellblocks in all state courts, and exercise all
212-28	powers as required and prescribed in all other provisions of the general laws and public laws
212-29	relating to the powers and duties of sheriffs.
212-30	(2) The division of sheriffs shall also have the following powers and duties previously
212-31	performed by the Rhode Island marshals:
212-32	(i) To be responsible for transportation statewide of prisoners to and from police
212-33	departments, the adult correctional institutions, all courthouses, and other places of detention;
212-34	(ii) To transport persons arrested by state and local police departments to places of
213-1	detention; provided, however, nothing in this subsection shall prevent state and local police
213-2	departments from transporting those persons;
213-3	(iii) To supervise the conduct of and maintain order and discipline of the prisoners in
213-4	their custody;
213-5	(iv) To be responsible for the custody and safety of prisoners while being transported to
213-6	and from court sessions, places of detention, and outside hospitals prior to commitment to the
213-7	adult correctional institutions;
213-8	(v) To be responsible for the custody and security of prisoners detained in the cellblock
213-9	areas in the Kent County courthouse and Providence County superior courthouse and for the
213-10	security of these prisoners during the hearing of their cases, and while in outside hospitals prior to
213-11	commitment to the adult correctional institutions;
213-12	(vi) To be responsible for the safety and welfare of prisoners in their custody;
213-13	(vii) To provide all security in connection with transportation in the execution of
213-14	extraditions, including, but not limited to, warrants, IAD (Interstate Agreement on Detainers),
213-15	arrest affidavits, interstate compact extradition, and criminal detainers; and
213-16	(viii) To carry firearms as prescribed.
213-17	(c) Administration and organization. The director of the department of public safety shall
213-18	appoint, with the consent of the governor, an executive high sheriff to a four (4) year term. The
213-19	director of the department of public safety shall appoint deputy sheriffs and other necessary
213-20	classifications, subject to the appropriation process, to provide assistance in the areas of
213-21	courthouse and cellblock security, transportation of prisoners, staff training and special
213-22	operations. All employees in the division of sheriffs shall be in the unclassified service.
213-23	(d) The director of public safety, with the approval of the governor, subject to the
213-24	appropriation process, shall make the determination of the number of positions, personnel,
213-25	property, allocations and other funds of the sheriffs of the several counties and the department of
213-26	corrections which shall be transferred to the department of administration.
213-27	42-7.3-9. Rules and regulations. – The department of public safety is authorized to
213-28	make and promulgate such rules and regulations as he or she deems necessary for the proper
213-29	administration of this chapter and to carry out the purposes thereof.
213-30	42-7.3-10. Severability. – If any provision of this chapter or the application thereof to
213-31	any person or circumstance is held invalid, such invalidity shall not effect other provisions or
213-32	applications of the chapter which can be given effect without the invalid provision or application,
213-33	and to this end the provisions of this chapter are declared to be severable.
213-34	SECTION 26. Section 42-11-21 of the General Laws in Chapter 42-11 entitled
214-1	“Department of Administration” is hereby repealed.
214-2	~~42-11-21. Division of sheriffs.~~ – ~~(a) Division established. A division of sheriffs is~~
214-3	~~hereby established within the department of administration. This division shall be responsible for~~
214-4	~~statewide activities assigned by law which relate to the duties and functions of the sheriffs of the~~
214-5	~~several counties. The division also shall be responsible for all statewide activities assigned by law~~
214-6	~~which relate to the duties and functions of state marshals. Among its other responsibilities, the~~
214-7	~~division shall also be responsible for courtroom security and cellblocks in all state courthouses,~~
214-8	~~training of personnel, transportation of individuals charged with crimes, and special operations.~~
214-9	~~(1) The division of sheriffs shall have the following powers and duties:~~
214-10	~~(i) To provide and maintain security for judges at all state courts;~~
214-11	~~(ii) To provide and maintain security in all courtrooms and other public areas within state~~
214-12	~~courthouses;~~
214-13	~~(iii) To provide and maintain security in the cellblocks in all state courts, and exercise all~~
214-14	~~powers as required and prescribed in all other provisions of the general laws and public laws~~
214-15	~~relating to the powers and duties of sheriffs.~~
214-16	~~(2) The division of sheriffs shall also have the following powers and duties previously~~
214-17	~~performed by the Rhode Island marshals:~~
214-18	~~(i) To be responsible for transportation statewide of prisoners to and from police~~
214-19	~~departments, the adult correctional institutions, all courthouses, and other places of detention;~~
214-20	~~(ii) To transport persons arrested by state and local police departments to places of~~
214-21	~~detention; provided, however, nothing in this subsection shall prevent state and local police~~
214-22	~~departments from transporting those persons;~~
214-23	~~(iii) To supervise the conduct of and maintain order and discipline of the prisoners in~~
214-24	~~their custody;~~
214-25	~~(iv) To be responsible for the custody and safety of prisoners while being transported to~~
214-26	~~and from court sessions, places of detention, and outside hospitals prior to commitment to the~~
214-27	~~adult correctional institutions;~~
214-28	~~(v) To be responsible for the custody and security of prisoners detained in the cellblock~~
214-29	~~areas in the Kent County courthouse and Providence County superior courthouse and for the~~
214-30	~~security of these prisoners during the hearing of their cases, and while in outside hospitals prior to~~
214-31	~~commitment to the adult correctional institutions;~~
214-32	~~(vi) To be responsible for the safety and welfare of prisoners in their custody;~~
214-33	~~(vii) To provide all security in connection with transportation in the execution of~~
214-34	~~extraditions, including, but not limited to, warrants, IAD (Interstate Agreement on Detainers),~~
215-1	~~arrest affidavits, interstate compact extradition, and criminal detainers; and~~
215-2	~~(viii) To carry firearms as prescribed.~~
215-3	~~(c) Administration and organization. The director of the department of administration~~
215-4	~~shall appoint with the consent of the governor an administrator, an executive high sheriff, and~~
215-5	~~sheriffs and chief deputy sheriffs for the division of sheriffs, each to be appointed to a ten (10)~~
215-6	~~year term. The sheriffs and chief deputy sheriffs shall be appointed to each of the counties. The~~
215-7	~~director of the department of administration shall appoint deputy sheriffs and other necessary~~
215-8	~~classifications, subject to the appropriation process, to provide assistance in the areas of~~
215-9	~~courthouse and cellblock security, transportation of prisoners, staff training and special~~
215-10	~~operations. Special operations include, but shall not be limited to, transportation of high-risk~~
215-11	~~inmates, extraditions, the execution of criminal warrants, prosecution and mutual aid to the police~~
215-12	~~departments of the cities and towns. This special operations unit initially will be comprised of~~
215-13	~~personnel transferred from the Rhode Island state marshals. All employees in the division of~~
215-14	~~sheriffs shall be in the unclassified service.~~
215-15	~~(1) The director of administration, with the approval of the governor, subject to the~~
215-16	~~appropriation process, shall make the determination of the number of positions, personnel,~~
215-17	~~property, allocations and other funds of the sheriffs of the several counties and the department of~~
215-18	~~corrections which shall be transferred to the department of administration.~~
215-19	~~(2) In order to ensure continuity of the functions provided by sheriffs and marshals, the~~
215-20	~~actual transfer of functions or any part of those functions may be postponed by the director until~~
215-21	~~such time as the director deems appropriate; provided, however, the transfer of functions shall be~~
215-22	~~completed within three (3) years.~~
215-23	SECTION 27. Sections 42-26-3, 42-26-4, 42-26-6, 42-26-9, and 42-26-13 of the General
215-24	Laws in Chapter 42-26 entitled “Rhode Island Justice Commission” are hereby amended to read
215-25	as follows:
215-26	42-26-3 ~~Commission~~ Public Safety Grant Administration Office created –
215-27	Composition. – (a) There is hereby created within the executive branch department of public
215-28	safety ~~the Rhode Island justice commission~~ a public safety grant administration office ~~hereinafter~~
215-29	~~called the "commission,"~~ which shall be under the jurisdiction of the governor.
215-30	(b) The ~~commission~~ public safety grant administration office shall consist of: (1) a
215-31	criminal justice policy board, ~~(2) a full-time administrator and staff,~~ and ~~(3)~~ (2) such permanent
215-32	and ad hoc committees and task forces as the board deems necessary.
215-33	42-26-4 Power and duties. – The ~~commission~~ public safety grant administration office
215-34	shall have the following powers and duties:
216-1	(1) Serve as the state planning agency for administration of federal criminal justice
216-2	related grant programs including, but not limited to the Juvenile Justice and Delinquency
216-3	Prevention Act of 1974, as amended;
216-4	(2) Advise and assist the governor and the director of public safety in developing
216-5	policies, plans, programs, and budgets for improving the coordination, administration and
216-6	effectiveness of the criminal justice system in the state;
216-7	(3) Prepare a state comprehensive criminal justice plan on behalf of the governor and
216-8	the director of public safety. The plan, and any substantial modifications thereto, shall be
216-9	submitted to the legislature for its advisory review of the goals, priorities and policies contained
216-10	therein. The plan, to be periodically updated, shall be based on an analysis of the state's criminal
216-11	justice needs and problems and shall be in conformance with state and other appropriate
216-12	regulations;
216-13	(4) Establish goals, priorities, and standards for the reduction of crime and the
216-14	improvement of the administration of justice in the state;
216-15	(5) Recommend legislation to the governor and legislature in the criminal justice field;
216-16	(6) Encourage local comprehensive criminal justice planning efforts;
216-17	(7) Monitor and evaluate programs and projects, funded in whole or in part by the state
216-18	government, aimed at reducing crime and delinquency and improving the administration of
216-19	justice;
216-20	(8) Cooperate with and render technical assistance to state agencies and units of general
216-21	local government, and public or private agencies relating to the criminal justice system;
216-22	(9) Apply for, contract for, receive, and expend for its purposes any appropriations or
216-23	grants from the state, its political subdivisions, the federal government, or any other source public
216-24	or private, in accordance with the appropriations process;
216-25	(10) Have the authority to collect from the department of corrections and any state or
216-26	local government departments and agencies, such public information, data, reports, statistics, or
216-27	other material which is necessary to carry out the ~~commission's~~ functions of the public safety
216-28	grant administration office; and to collect from non-profit organizations which receive state or
216-29	federal funds all information necessary to carry out the commission's functions;
216-30	(11) Disseminate to state agencies, units of local government, public or private
216-31	agencies, and others, information such as criminal justice program advancements, research
216-32	results, training events, and availability of funds;
216-33	(12) Review, no less often than annually, the administration, operation programs and
216-34	activities of correctional services in the state including input from the general public and other
217-1	interested persons; conduct such other reviews and studies in conjunction with the department of
217-2	corrections as may be appropriate; and report findings and recommendations to the governor;
217-3	(13) Perform other duties which may be necessary to carry out the purposes of this
217-4	chapter.
217-5	42-26-6. Criminal justice policy board – Appointment of members. – The criminal
217-6	justice policy board shall consist of:
217-7	(1) The attorney general;
217-8	(2) The superintendent of the state police and director of the department of public
217-9	safety;
217-10	(3) The public defender;
217-11	(4) The director of the department of corrections;
217-12	(5) The director of the department of human services;
217-13	(6) The director of the department of mental health, retardation, and hospitals;
217-14	(7) The chairperson of the state board of regents;
217-15	(8) The director of the department for children and their families;
217-16	(9) The chief justice of the family court;
217-17	(10) The president of the Rhode Island police chiefs association;
217-18	(11) One police chief selected by the Rhode Island police chiefs association;
217-19	(12) The chief justice of the supreme court;
217-20	(13) The presiding justice of the superior court;
217-21	(14) The chief judge of the district court;
217-22	(15) Seven (7) members of the general assembly; four (4) from the house of
217-23	representatives at least one of whom shall be a member of the minority to be appointed by the
217-24	speaker, and three (3) from the senate at least one of whom shall be a member of the minority to
217-25	be appointed by the president of the senate;
217-26	(16) The executive director of the Rhode Island league of cities and towns;
217-27	(17) The director of health;
217-28	(18) The director of the division of fire safety;
217-29	(19) One university or college faculty member with a research background in criminal
217-30	justice appointed by the governor;
217-31	(20) Four (4) citizens appointed by the governor;
217-32	(21) Three (3) representatives appointed by the governor from community service
217-33	organizations.
217-34	42-26-9. ~~Executive director.~~ Administration - public safety grant administration
218-1	office. – ~~(a) The governor~~ director of public safety ~~shall appoint the executive director from a list~~
218-2	~~of three (3) candidates submitted by the criminal justice policy board. The executive director~~
218-3	~~shall be qualified for the position by appropriate training and experience in the fields of~~
218-4	~~administration, planning, or criminal law and justice. The unclassified pay plan board shall set the~~
218-5	~~salary of the executive director and staff, consistent with any compensation and pay plan~~
218-6	~~established by the state personnel office.~~
218-7	~~(b) The executive director shall:~~ a qualified individual from the department of public
218-8	safety who shall be responsible for the following:
218-9	(1) Supervise and be responsible for the administration of the policies established by
218-10	the policy board;
218-11	(2) Establish, consolidate, or abolish any administrative subdivision within the
218-12	~~commission~~ public safety grant administration office and appoint and remove for cause the heads
218-13	thereof, and delegate appropriate powers and duties to them;
218-14	(3) Establish and administer projects and programs for the operation of the ~~commission~~
218-15	public safety grant administration office;
218-16	(4) Appoint and remove employees of the ~~commission~~ public safety grant
218-17	administration office and delegate appropriate powers and duties to them;
218-18	(5) Make rules and regulations for the management and the administration of policies of
218-19	the ~~commission~~ public safety grant administration office and the conduct of employees under his
218-20	or her jurisdiction;
218-21	(6) Collect, develop, and maintain statistical information, records, and reports as the
218-22	~~commission~~ public safety grant administration office may determine relevant to its functions;
218-23	(7) Transmit bi-monthly to the policy board a report of the operations of the
218-24	~~commission~~ public safety grant administration office for the preceding two calendar months;
218-25	(8) Execute and carry out the provisions of all contracts, leases, and agreements
218-26	authorized by the ~~commission~~ public safety grant administration office with agencies of federal,
218-27	state, or local government, corporations or persons;
218-28	(9) Perform such additional duties as may be assigned to him or her by the governor,
218-29	the policy board, or by law; and
218-30	(10) Exercise all powers and perform all duties necessary and proper in carrying out his
218-31	or her responsibilities.
218-32	SECTION 28. Chapter 42-26 of the General Laws entitled “Rhode Island Justice
218-33	Commission” is hereby amended by adding thereto the following section:
218-34	42-26-18. Name change. -- Wherever in the general or public laws, there appears the
219-1	words, “Rhode Island Justice Commission”, it should now read, “public safety grant
219-2	administration office”.
219-3	SECTION 29. Sections 42-28-2, 42-28-3, 42-28-4, 42-28-7, and 42-28-10 of the General
219-4	Laws in Chapter 42-28 entitled “State Police” are hereby amended to read as follows:
219-5	42-28-2. Establishment – Superintendent – General duties. – Within the ~~executive~~
219-6	department of public safety there shall be the Rhode Island state police. The head of the state
219-7	police shall be the superintendent of state police who shall be a qualified police administrator and
219-8	shall be appointed by the governor, shall serve at his or her pleasure and shall have the rank of
219-9	full colonel. The state police shall perform the duties required by this chapter; and chapter 47 of
219-10	title 11; and by all other provisions of the general laws and public laws, insofar as those powers
219-11	and duties relate to the Rhode Island state police and the superintendent of state police. The
219-12	superintendent shall appoint and supervise such officers as may be required by law.
219-13	42-28-3. Scope of responsibilities. – (a) The Rhode Island state police and the
219-14	superintendent shall be charged with the responsibility of:
219-15	(1) Providing a uniformed force for law enforcement;
219-16	(2) Preparing rules and regulations for law enforcement;
219-17	(3) Maintaining facilities for crime detection and suppression; and
219-18	(4) Controlling traffic and maintaining safety on the highways.
219-19	(b) The superintendent shall be ex-officio state fire marshal.
219-20	(c) The superintendent shall also serve as the director of the department of public
219-21	safety.
219-22	42-28-4. Composition of division. – There shall be a division of state police consisting
219-23	of the following members: a superintendent who shall have the rank of full colonel; as many
219-24	captains as the superintendent shall deem necessary, ~~not to exceed three (3); one adjutant captain;~~
219-25	~~one division staff inspector;~~ two lieutenant colonels, three majors; as many lieutenants as the
219-26	superintendent shall deem necessary; and such other personnel, the number and rank of whom
219-27	shall be designated by the superintendent, and the general assembly shall annually appropriate
219-28	such sum as it may deem necessary for the payment of the salaries of the members of the
219-29	division. The member of the Rhode Island state police who shall be assigned by the
219-30	superintendent to execute the duties of ~~executive officer~~ deputy superintendent shall have the
219-31	rank of ~~major~~ lieutenant colonel.
219-32	42-28-7. ~~Executive officer~~ Deputy superintendent as acting superintendent. – The
219-33	~~executive officer~~ deputy superintendent shall, while there is a vacancy in the office of
219-34	superintendent, be vested with all the powers and authority of superintendent.
220-1	42-28-10. Appointment and removal of members. – The superintendent shall appoint
220-2	the other members of the division authorized by this chapter for terms of three (3) years each, and
220-3	may remove any member after a hearing, in accordance with the rules and regulations of the
220-4	division, and no member so removed shall be eligible to reappointment. No person shall be
220-5	eligible for appointment for the first time by the superintendent unless he or she shall be a citizen
220-6	of the United States between the ages of eighteen (18) and ~~forty-five (45)~~ forty-two (42) years
220-7	and shall have passed a physical and mental examination in accordance with the rules of the
220-8	division.
220-9	SECTION 30. Sections 42-28-34, 42-28-35, and 42-28-36 of the General Laws in
220-10	Chapter 42-28 entitled “State Police” are hereby repealed:
220-11	~~42-28-34. Auxiliary state police.~~ – ~~The superintendent of state police is authorized to~~
220-12	~~recruit, train, and organize a volunteer state police auxiliary force of such size and qualifications~~
220-13	~~as he or she shall determine; provided, however, that total membership in the auxiliary state~~
220-14	~~police shall not exceed the number of regular state police authorized by the general assembly. The~~
220-15	~~state police auxiliary force shall at all times be under the direction of the superintendent and~~
220-16	~~subject to the rules and regulations of the department of state police. Members of the auxiliary~~
220-17	~~force shall carry out such duties and functions as may be assigned to them from time to time by~~
220-18	~~the superintendent of state police, including, but without in any way limiting the generality of the~~
220-19	~~foregoing, clerical duties, traffic control, and general police duties during an emergency or~~
220-20	~~threatened emergency.~~
220-21	~~42-28-35. Duties – Limitations.~~ – ~~Members of the auxiliary force shall be equipped~~
220-22	~~with uniforms prescribed by the superintendent and delegated specific police powers and specific~~
220-23	~~police duties. They may bear and use firearms only when specifically authorized by the~~
220-24	~~superintendent and only when in uniform and while assigned to active duty. While on duty they~~
220-25	~~shall use only official state police vehicles and shall not be assigned unmarked cars.~~
220-26	~~42-28-36. Auxiliary state police – Service and benefits.~~ – ~~(a) In the event of~~
220-27	~~participation in emergency services, the members of the state police auxiliary force shall have the~~
220-28	~~same immunities and privileges as apply to the organized militia and to the regular members of~~
220-29	~~the state police department.~~
220-30	~~(b) All members of the volunteer state police auxiliary force shall be compensated for~~
220-31	~~death, disability, or injury incurred while in training for or on auxiliary state police duty under the~~
220-32	~~provisions of this chapter as follows:~~
220-33	~~(1) All medical expenses incurred as a result of such injuries shall be paid by the state;~~
220-34	~~and~~
221-1	~~(2) Death and disability payments shall be paid in accordance with § 42-28-21 relating to~~
221-2	~~compensation for injuries causing disability or causing death to full-time members of the state~~
221-3	~~police in the course of performance of their duties.~~
221-4	~~(c) In the computation of the benefits set forth in subsection (b), any member of the~~
221-5	~~volunteer state police auxiliary force suffering an injury causing disability or causing death, shall~~
221-6	~~be construed to have been receiving the amount of salary paid to the lowest grade of full-time~~
221-7	~~members of the state police at the time of the injury or death.~~
221-8	SECTION 31. Sections 42-28.2-2, 42-28.2-7, 42-28.2-8, and 42-28.2-10 of the General
221-9	Laws in Chapter 42-28.2 entitled “Police Officers –Commission on Standards and Training” are
221-10	hereby amended to read as follows:
221-11	42-28.2-2. Municipal Police Training Academy School established. – There is
221-12	hereby created and established, under the authority of the director of the department of public
221-13	safety, a municipal police training school, for the use of all municipal police departments with the
221-14	exception of ~~except~~ the Providence police department. The municipal police training academy
221-15	shall also be used by ~~for the use of~~ the division of enforcement of the department of
221-16	environmental management, or any other recognized police authority approved by the police
221-17	officer’s commission on standards and training and shall be maintained by the state and located at
221-18	a facility maintained and approved by the director of public safety. ~~for the use of the Rhode Island~~
221-19	~~deputy marshals within the department of corrections and for the use of the board of governors~~
221-20	~~for higher education, which shall be maintained by the state and located at the Rhode Island state~~
221-21	~~police academy in Foster, Rhode Island.~~ The ~~school~~ municipal police training academy may
221-22	utilize other state property for special courses of instruction when deemed necessary by the
221-23	~~commission on standards and training~~ police officer’s commission on standards and training with
221-24	the consent of the governor.
221-25	42-28.2-7. Reports. – The commission on standards and training shall make an annual
221-26	report to the ~~governor~~ director of public safety which will include pertinent data regarding the
221-27	standards established and the degree of participation of municipalities in the training programs.
221-28	42-28.2-8. Establishment of standards. -- (a) The commission on standards and
221-29	training shall prepare and publish mandatory training standards, not applicable to the city of
221-30	Providence, and to be promulgated with due consideration to varying factors and special
221-31	requirements of local police agencies, the division of enforcement of the department of
221-32	environmental management and the board of regents relative to:
221-33	(1) Minimum standards of physical, educational, mental and moral fitness which shall
221-34	govern the recruitment, selection, and apportionment of police officers; provided, however, that
222-1	the minimum height and weight standards for local police officers shall be determined by each
222-2	municipality.
222-3	(2) The commission with the approval of the ~~governor~~ director of public safety will
222-4	establish the courses of training, and set rules and regulations relative to the education, physical
222-5	standards, and personal character of candidates and trainees.
222-6	(3) Minimum course of study, attendance requirements, equipment, and facilities
222-7	required at the municipal police training school, or other approved training schools certified
222-8	pursuant to § 42-28.2-6.
222-9	(4) Minimum qualification for instructors at the municipal police training school, or
222-10	other approved training schools certified pursuant to § 42-28.2-6.
222-11	(5) Minimum basic training requirements which police officers appointed to
222-12	probationary terms shall complete before being eligible for continued or permanent employment,
222-13	and the term within which that basic training must be completed following such appointment to a
222-14	probationary term.
222-15	(6) Minimum basic training requirements which police officers not appointed for
222-16	probationary terms but appointed on other than a permanent basis shall complete before being
222-17	eligible for continued employment.
222-18	(7) Categories or classifications of advanced in-service training programs and
222-19	Minimum courses of study and attendance requirements for those categories or classifications.
222-20	(8) The establishment of subordinate regional training centers in strategic geographic
222-21	locations in order to serve the greatest number of local police agencies that are unable to support
222-22	their own training programs.
222-23	(b) The commission shall establish a schedule of sessions of the school, of which there
222-24	shall be a minimum of one session per year.
222-25	(c) The commission shall authorize the establishment of police training schools by any
222-26	municipality which demonstrates that it can satisfactorily meet the minimum standards
222-27	established for police training schools.
222-28	42-28.2-10. Discretionary powers of commission. – The commission on standards and
222-29	training may:
222-30	(a) Visit and inspect the police training school, or examine the curriculum or training
222-31	procedures, for which application for approval has been made.
222-32	(b) Authorize the issuance of certificates of graduation or diplomas by the approved
222-33	police training school to police officers who have satisfactorily completed minimum courses of
222-34	study.
223-1	(c) Cooperate with state, federal, and local police agencies in establishing and
223-2	conducting local or area schools or regional training centers for instruction and training of police
223-3	officers of this state, its cities or towns.
223-4	(d) Adopt such regulations as are necessary to carry out the purpose of this chapter.
223-5	(e) Make recommendations to the ~~governor~~ director of public safety on matters
223-6	pertaining to qualification and training of police officers.
223-7	(f) Approve the use of training schools certified pursuant to § 42-28.2-6 by the
223-8	departments of any municipality pursuant to an agreement between that municipality and the
223-9	municipality operating the facility.
223-10	SECTION 32. Sections 42-29-1, 42-29-5, 42-29-8, 42-29-9, 42-29-10, 42-29-11, 42-29-
223-11	12, 42-29-13, 42-29-14, 42-29-19, 42-29-22, 42-29-24, 42-29-25, 42-29-26, and 42-29-30 of the
223-12	General Laws in Chapter 42-29 entitled “Sheriffs” are hereby amended to read as follows:
223-13	42-29-1. Appointment – Powers and duties – Removal. – (a) The director of the
223-14	department of ~~administration~~ public safety shall appoint with the consent of the governor an
223-15	~~administrator~~ executive high sheriff to a ~~ten (10)~~ four (4) year term ~~to be in charge of the division~~
223-16	~~of sheriffs~~ within the department of administration. ~~The director of the department of~~
223-17	~~administration shall also appoint with the consent of the governor an executive high sheriff to a~~
223-18	~~ten (10) year term to assist the administrator. The director of the department of administration~~
223-19	~~shall also appoint to each of the counties with the consent of the governor the sheriffs and the~~
223-20	~~chief deputy sheriffs to ten (10) year terms. The director of the department of administration shall~~
223-21	~~appoint deputy sheriffs and other necessary classifications, subject to the appropriations process.~~
223-22	~~Sheriffs, chief deputy sheriffs and deputy~~ Deputy sheriffs shall be subject to the supervision of
223-23	the administrator who may assign tasks and functions in order to ensure the proper management
223-24	of the sheriffs division. Any deputy sheriff hired after July 1, 2001 must successfully complete
223-25	the sheriff academy and any courses deemed necessary at the municipal police training academy
223-26	prior to assuming the duties of a deputy sheriff. ~~Furthermore, the administrator in conjunction~~
223-27	~~with the personnel administrator shall be responsible for promulgating written class specifications~~
223-28	~~with necessary minimum qualifications defined in them. The sheriffs of the several counties and~~
223-29	~~the deputy high sheriff for Providence county who are in office as of February 1, 2001 shall~~
223-30	~~continue to hold office until their present term expires.~~
223-31	(b) The ~~administrator, assisted by the~~ executive high sheriff~~, the sheriffs, the chief~~
223-32	~~deputy sheriffs,~~ and the deputy sheriffs shall perform all the duties required and exercise all the
223-33	powers prescribed in this chapter; ~~chapter 15 of title 5;~~ chapters 5 and 10 of title 9; chapters 5, 10
223-34	and 14 of title 10; chapters 8, 31, 34, 36 and 44 of title 11; ~~chapters 4, 5 and 6 of title 12; chapter~~
224-1	~~22 of title 17~~; chapters 4 and 6 of title 22; chapter 2 of title 28; chapter 6 of title 35; chapter 8 of
224-2	title 37; and all other provisions of the general laws and public laws insofar as those powers and
224-3	duties relate to the sheriffs of the several counties and as required and prescribed in all other
224-4	provisions of the general laws and public laws relating to the powers and duties of the sheriffs of
224-5	the several counties. Sheriffs and deputies can be removed for just cause by their appointing
224-6	authority.
224-7	(c) All resources of the sheriffs and of the several counties shall be transferred to the
224-8	division of sheriffs within the department of ~~administration.~~ public safety. These resources
224-9	include, but are not limited to, all positions, property, accounts and other funding pertinent to
224-10	sheriffs.
224-11	42-29-5. Record of appointment of deputies. – The appointment of every deputy shall
224-12	be in writing under the hand and seal of the executive high sheriff, ~~and shall be lodged to be~~
224-13	~~recorded in a book to be kept for that purpose in the office of the clerk of the superior court for~~
224-14	~~the county for which he or she is appointed,~~ before he or she shall enter on the duties of his or her
224-15	office.
224-16	42-29-8. Responsibility for deputies – Actions. – ~~Every~~ The executive high sheriff
224-17	shall be responsible and accountable for any neglect or misfeasance in office of his or her
224-18	deputies, and in all cases where any person shall be entitled to an action for any neglect or
224-19	misfeasance in office of any deputy sheriff, he or she may bring the action either against the
224-20	executive high sheriff appointing him, or against the deputy, or he or she may join them both
224-21	together as parties defendant to the action.
224-22	42-29-9. Revocation of deputations. – ~~Any~~ The executive high sheriff or the director of
224-23	public safety may revoke any deputation by him or her given~~. provided the revocation be entered~~
224-24	~~in the book for recording deputations and appointments as aforesaid~~.
224-25	42-29-10. Removal of deputies by court. – Any deputy sheriff may be removed for
224-26	misdemeanor in office by the Rhode Island supreme court or by the superior court ~~sitting for the~~
224-27	~~county to which the officer belongs,~~ upon complaint made.
224-28	42-29-11. Bond of deputies. – Every deputy shall give bond with sufficient surety or
224-29	sureties to the executive high sheriff appointing him or her, in a sum satisfactory to the executive
224-30	high sheriff, not less than five thousand dollars ($5,000), for the faithful execution of his or her
224-31	office according to law.
224-32	42-29-12. Action on executive high sheriff's bond. – Any person injured by the breach
224-33	of the bond of ~~any~~ the executive high sheriff may, after recovering judgment against the executive
224-34	high sheriff, his or her executors, or administrators, in an action brought for the default,
225-1	misfeasance, or nonfeasance of such executive high sheriff or his or her deputy, cause a suit to be
225-2	instituted upon the bond, at his or her own cost, in the name of the general treasurer, to his or her
225-3	own use.
225-4	42-29-13. Action on deputy's bond. – Any person injured by the breach of the bond of
225-5	any deputy sheriff may, after recovering judgment against the deputy sheriff, his or her executors
225-6	or administrators, for the default, misfeasance, or nonfeasance of the deputy sheriff, cause a suit
225-7	to be instituted upon the bond of the deputy at his or her own cost, in the name of the executive
225-8	high sheriff, to his or her own use.
225-9	42-29-14. Copies of bonds as evidence. – The general treasurer shall deliver an attested
225-10	copy of the bond of ~~any~~ the executive high sheriff, and every executive high sheriff shall deliver a
225-11	copy of the bond of any deputy sheriff, filed in his or her office, to any person applying and
225-12	paying the sum of ~~one~~ ten dollars ~~($1.00)~~ ($10.00) for the same, and the copy shall be received as
225-13	evidence in any case, but if the execution of the bond shall be disputed, the court may order the
225-14	original to be brought into court by a proper subpoena for that purpose, to be served on the
225-15	general treasurer or executive high sheriff.
225-16	42-29-19. Attendance on general assembly and courts. – (a) The sheriffs shall attend
225-17	the general assembly when in session. The executive high sheriff ~~of Providence county~~ shall
225-18	designate ~~as sheriffs~~ such number of deputy sheriffs to attend the sessions of the supreme,
225-19	superior, district, family, and worker’s compensation courts as the chief justice or presiding
225-20	justice may request and any such deputy sheriff shall be relieved of attendance at the request of
225-21	the chief justice or presiding justice of the applicable court. ~~The sheriffs of the several counties~~
225-22	~~shall, by themselves or their deputies, attend the session of the superior court held within their~~
225-23	~~respective counties and shall designate as sheriffs such number of deputy sheriffs to attend the~~
225-24	~~session as the presiding justice of the superior court may request. The sheriffs of the several~~
225-25	~~counties shall, by themselves or their deputies, attend the sessions of the district court as required~~
225-26	~~by law.~~
225-27	~~(b) The sheriffs of the several counties shall designate as sheriffs such number of deputy~~
225-28	~~sheriffs to attend such sessions of the family court held within their respective counties as the~~
225-29	~~chief judge of the family court may request.~~
225-30	42-29-22. Execution of writs and precepts. – The executive high sheriff ~~of every~~
225-31	~~county,~~ by himself or herself or his or her deputy, shall serve and execute all writs as directed,
225-32	within his or her county or wherever he or she may be authorized by law, or by special order of
225-33	the court issuing the writ or precept.
225-34	42-29-24. Service of process on waters. – Any ~~sheriff or other~~ officer duly authorized
226-1	may serve any writ or other process, whether of a civil or criminal nature, within any part of the
226-2	waters of Narragansett Bay, and within any waters not more than one marine league from the
226-3	seashore of the state at high-water mark.
226-4	42-29-25. Assistance in execution of office. – ~~Every~~ The executive high sheriff or
226-5	deputy sheriff, in the due execution of his or her office, may command all necessary aid and
226-6	assistance in the execution thereof; and every person who, whenever so required, shall refuse or
226-7	neglect to give aid and assistance shall be fined not exceeding twenty dollars ($20.00).
226-8	42-29-26. Failure to serve process. – ~~Every~~ The executive high sheriff or deputy sheriff
226-9	who shall neglect or refuse to serve any process issuing from lawful authority, directed to him or
226-10	her to serve and execute (having in all civil causes, paid or tendered unto him or her his or her
226-11	legal fees, if he or she demand the same, for serving and executing such process), shall be liable
226-12	to the party aggrieved for such damages as he or she may have sustained by such neglect or
226-13	refusal.
226-14	42-29-30. Delivery of papers to successor in office. – All books, notes, bonds,
226-15	obligations, ~~and other~~ papers, and electronic records which the executive high sheriffs shall
226-16	receive pursuant to this chapter shall by them be delivered over to their respective successors in
226-17	office, as papers and documents pertaining thereto, and ~~every~~ any executive high sheriff
226-18	unlawfully refusing to deliver the same on demand shall be fined not less than fifty dollars
226-19	($50.00) nor more than five hundred dollars ($500).
226-20	SECTION 33. Sections 42-29-6, 42-29-7, 42-29-18, 42-29-20, 42-29-20.1, 42-29-21, 42-
226-21	29-27, 42-29-28, 42-29-29, and 42-29-31 of the General Laws in Chapter 42-29 entitled
226-22	“Sheriffs” are hereby repealed.
226-23	~~42-29-6. Special deputies to execute process.~~ – ~~Every sheriff may appoint a special~~
226-24	~~deputy for the service of any writ or process to him or her directed, provided the appointment be~~
226-25	~~written upon the back of the writ or process, and the deputy be sworn, before some person~~
226-26	~~authorized to administer oaths, duly and faithfully to execute the writ and process, and a~~
226-27	~~certificate of the engagement be indorsed thereon.~~
226-28	~~42-29-7. Compensation of process deputies in Providence county.~~ – ~~The sheriff of the~~
226-29	~~county of Providence is hereby authorized and empowered to pay to such deputy sheriffs as may~~
226-30	~~be engaged in the process department compensation at a rate not exceeding two dollars ($2.00)~~
226-31	~~per day in excess of the compensation paid to deputy sheriffs serving in any other capacity.~~
226-32	~~42-29-18. Power to investigate and prosecute offenses.~~ – ~~The sheriff of any county~~
226-33	~~may, whenever any offense shall have been committed in his or her county, investigate the same~~
226-34	~~and apprehend and bring to justice the person or persons committing such offense, and may make~~
227-1	~~complaint in behalf of the state against such person or persons and may prosecute said complaint~~
227-2	~~to final conviction.~~
227-3	~~42-29-20. Attendance on district court.~~ – ~~Upon the request of the chief judge of the~~
227-4	~~district court, the sheriff of the county in which the court is held, or one of his or her deputies,~~
227-5	~~shall attend the sessions of the court.~~
227-6	~~42-29-20.1. Attendance at workers' compensation court.~~ – ~~Upon the request of the~~
227-7	~~chief judge of the workers' compensation court, the sheriff of the county in which the court is~~
227-8	~~held, or one of his or her deputies, shall attend the sessions of the court.~~
227-9	~~42-29-21. Duties at Brown university and Providence college commencements.~~ –
227-10	~~The sheriff of the county of Providence, with as many of his or her deputies as he or she may~~
227-11	~~deem necessary, shall attend the celebrations of the annual commencements of Brown university~~
227-12	~~and Providence college, and shall preserve peace and good order and decorum during the same.~~
227-13	~~42-29-27. Death of sheriff – Continuation in office of deputies.~~ – ~~In case of the death~~
227-14	~~of any sheriff, his or her deputy or deputies shall continue in office, unless removed as herein~~
227-15	~~provided, and shall execute the duties of the office, in the name of the deceased, until another~~
227-16	~~sheriff shall be appointed and sworn, and shall have given bond as before prescribed, and the~~
227-17	~~neglect or misfeasance of the deputies in the meantime, as well as before, shall be a breach of the~~
227-18	~~condition of the bond given as before directed by the sheriff who appointed them.~~
227-19	~~42-29-28. Executors succeeding to rights of deceased sheriff.~~ – ~~The executors or~~
227-20	~~administrators of a deceased sheriff shall have the like remedy for the defaults and misfeasances~~
227-21	~~in office of the deputy or deputies, during the interval, as the deceased sheriff would have been~~
227-22	~~entitled to if he or she had continued in life and in the exercise of his or her office until his or her~~
227-23	~~successor was appointed and duly qualified.~~
227-24	~~42-29-29. Continuation in office until qualification of successor.~~ – ~~Every sheriff~~
227-25	~~whose office shall become vacant by resignation or removal into any other county may,~~
227-26	~~notwithstanding, officiate as such until his or her successor shall be duly qualified to act, and his~~
227-27	~~or her deputies may also exercise their respective offices during that period.~~
227-28	~~42-29-31. Credit for service of legal process.~~ – ~~The sheriffs of the five (5) counties~~
227-29	~~shall extend to each Rhode Island attorney who is a member in good standing of the Rhode Island~~
227-30	~~bar association, credit up to the sum of three hundred dollars ($300) for the service of legal~~
227-31	~~process; provided, however, that no further credit need be extended to any said attorney who fails~~
227-32	~~to make payment within sixty (60) days of receipt of any bill for services rendered. The sheriffs~~
227-33	~~of the five (5) counties shall accept funds from any attorney, who so desires, for the purpose of~~
227-34	~~establishing an escrow account, which escrow funds shall be applied on account for future service~~
228-1	~~of legal process.~~
228-2	SECTION 34. Any proceeding or other business or matter undertaken or commenced,
228-3	prior to the effective date of this article, by a department, division, or other administrative agency,
228-4	the functions, powers, and duties whereof are assigned and transferred to the department of public
228-5	safety and are pending on the effective date of this act, may be conducted and completed by the
228-6	director of the department of public safety, or by a subordinate under his direction, in the same
228-7	manner and under the same terms and conditions and with the same effect as though it were
228-8	undertaken or commenced or completed by the department, division, or other administrative
228-9	agency prior to said transfer.
228-10	SECTION 35. The omission in this act of a citation of any general law or public law
228-11	now in force which makes it mandatory upon or permissive for any department, division, or other
228-12	agency of the state to perform certain functions, which by this article are assigned or transferred
228-13	to the department of public safety, shall not, unless otherwise clearly intended, suspend or annul
228-14	the right of the department to carry out such functions.
228-15	SECTION 36. In order that there is no interruption in the public safety functions of the
228-16	department of public safety, the actual transfer of functions to the department, from any existing
228-17	departments, divisions, or agencies, may be postponed until after the effective date of this article
228-18	and until such time, as determined by director of public safety, that the transfer provided herein
228-19	can best be put into force and effect.
228-20	SECTION 37. This article shall take effect upon passage. Furthermore, the transfer of all
228-21	appropriations, resources, and personnel to the department of public safety shall take place as of
228-22	July 1, 2008.
228-23	ARTICLE 45
228-24	RELATING TO ENVIRONMENTAL MANAGEMENT
228-25	SECTION 1. Chapter 42-17.1 of the General Laws entitled “Department of
228-26	Environmental Management” is hereby amended by adding thereto the following section:
228-27	42-17.1-46. Transfer of powers, functions and resources from the water resources
228-28	board– (a) There are hereby transferred to the department of environmental management those
228-29	powers and functions of the water resources board established by chapter 15 of title 46.
228-30	(b) In addition to any of its other powers and responsibilities, the department is
228-31	authorized and empowered to accept any grants made available by the United States government
228-32	or any agency thereof, and the department, with the approval of the governor, is authorized and
228-33	empowered to perform such acts and enter into all necessary contracts and agreements with the
228-34	United States of America or any agency thereof as may be necessary in such manner and degree
229-1	as shall be deemed to be in the best interest of the state. The proceeds of any grants so received
229-2	shall be paid to the general treasurer of the state and by him or her deposited in a separate fund
229-3	and shall be utilized for the purposes of the grant or grants.
229-4	(c) All resources of the water resources board, including but not limited to property,
229-5	employees and accounts, are hereby transferred to the department of environmental management.
229-6	(d) As part of the above transfer, except for the chief of water resource management, all
229-7	employees of the water resources board currently subject to the provisions of chapter 4 of title 36
229-8	shall continue to be subject to those provisions.
229-9	SECTION 2. Chapter 42-17.1 of the General Laws entitled “Department of
229-10	Environmental Management” is hereby amended by adding thereto the following section:
229-11	42-17.1-47. Transfer of employees from the coastal resources management council–
229-12	(a) There are hereby transferred to the department of environmental management those
229-13	employees of the coastal resources management council established by chapter 23 of title 46.
229-14	(b) As part of the above transfer, all employees of the coastal resource management
229-15	council currently subject to the provisions of chapter 4 of title 36 shall continue to be subject to
229-16	those provisions.
229-17	SECTION 3. Sections 46-15-1, 46-15-2, 46-15-3, 46-15-4, 46-15-5, 46-15-6, 46-15-
229-18	6.1, 46-15-7, 46-15-8, 46-15-9, 46-15-10, 46-15-11, 46-15-12, 46-15-13, 46-15-14, 46-15-15, 46-
229-19	15-16, 46-15-17, 46-15-18, 46-15-19, 46-15-20, 46-15-21 of the General Laws in Chapter 46-15
229-20	entitled “Water Resources Board” are hereby amended as follows:
229-21	CHAPTER 46-15
229-22	Water Resources ~~Board~~ Management
229-23	46-15-1 Legislative declaration. – The general assembly hereby finds and declares
229-24	that:
229-25	(1) The state of Rhode Island and Providence Plantations has been endowed with many
229-26	and abundant sources of water supplies located advantageously, for the most part, throughout the
229-27	state. The proper development, protection, conservation, and use of these water resources are
229-28	essential to the health, safety, and welfare of the general public, and to the continued growth and
229-29	economic development of the state;
229-30	(2) In recent years it has become increasingly apparent that water supply management,
229-31	protection, development, and use must be fully integrated into all statewide planning, and rivers
229-32	and watershed planning and management processes, and that the allocation of the state's water
229-33	resources to all users, purposes, and functions, including water to sustain our natural river and
229-34	stream systems and natural biotic communities, must be equitably decided and implemented
230-1	under a process which emphasizes efficiency of use and management, minimization of waste,
230-2	protection of existing supplies, demand management, drought management, conservation, and all
230-3	other techniques to ensure that our water resources serve the people of Rhode Island for the
230-4	longest time, in the most efficient use, and in an environmentally sound manner;
230-5	(3) The character and extent of the problems of water resource development, utilization,
230-6	and control, and the widespread and complex interests which they affect, demand action by the
230-7	government of the state of Rhode Island in order to deal with these problems in a manner which
230-8	adequately protects the general welfare of all the citizens of the state;
230-9	(4) In order to retain and encourage the expansion of our present industries, and to
230-10	attract new industries, and to promote the proper growth and desirable economic growth of the
230-11	entire state, and to sustain the viability of water resource-dependent natural systems, agriculture,
230-12	and recreation, state government must play an active role in fostering and guiding the
230-13	management of water resources;
230-14	(5) There are state and municipal departments, special districts, private firms, and other
230-15	agencies in the state who have capabilities and experience in the design, construction, operation,
230-16	and financing of water supply and transmission facilities, which capabilities and experience must
230-17	be brought to bear on the total problem of water resources development in a coordinated manner
230-18	if the proper development, conservation, apportionment, protection, and use of the water
230-19	resources of the state are to be realized; and
230-20	(6) It shall be the duty of the ~~water resources board~~ director of the department of
230-21	environmental management to regulate the proper development, protection, conservation and use
230-22	of the water resources of the state.
230-23	46-15-2 Approval of public water supply facilities. – (a) No municipal water
230-24	department or agency, public water system, or person including special water districts or private
230-25	water company, engaged in the distribution of water for potable purposes shall have any power:
230-26	(1) To acquire or take a water supply or an additional water supply from an existing
230-27	approved source;
230-28	(2) To take or condemn lands for any new or additional sources of water supply or for
230-29	the utilization of supplies;
230-30	(3) To extend its supply or distribution mains into a municipality or special water
230-31	district wherein it has not heretofore legally supplied water;
230-32	(4) To construct any extension of its transmission mains;
230-33	(5) To extend the boundaries of a special water district; or
230-34	(6) To supply water in or for use in any other municipality or civil division of the state
231-1	which owns and operates a water supply system therein, or in any duly organized special water
231-2	district supplied with water by another municipal water department or agency, special water
231-3	district, or private water company, or person until the municipal water department or agency,
231-4	special water district, or private water company or person has first submitted the maps and plans
231-5	therefore to the director of the department of health, the state planning council and the board, as
231-6	hereinafter provided, and until the department of environmental management ~~water resources~~
231-7	~~board~~, after receiving the recommendations of the water resources board corporate, the director of
231-8	the department of health and the division of statewide planning, shall have approved the
231-9	recommendations or approved the recommendation with modifications as it may determine to be
231-10	necessary; provided, however, this subsection shall not apply to any area presently served by any
231-11	municipal water department or agency, or special water district.
231-12	(b) Approval shall not be necessary of any plan or work for the extension of supply or
231-13	distributing mains or pipes of a municipal water supply plant or special district or private water
231-14	company into and for the purpose of supplying water in any territory within the limits of the
231-15	municipality or special district or within the franchise area of the private water company, owning
231-16	the plant, including territory within the municipal special district or franchise limits which has not
231-17	been heretofore supplied with the water by the plant, nor for the reconstruction or replacement of
231-18	existing facilities in connection with an existing plant, wherein the capacity of the plant is in no
231-19	way increased, nor for the construction of filtration or other treatment facilities which will not in
231-20	any way increase the amount of water which can be made available from the present sources of
231-21	supply.
231-22	(c) The ~~water resources board~~ director of the department of environmental management
231-23	shall enforce the provisions of this section, and the superior court by injunction may, upon
231-24	application of the ~~water resources board~~ director of the department of environmental
231-25	management, prevent any action to be taken by any municipal water agency or department,
231-26	special district, or private water company without the approval of ~~the~~ ~~water resources board~~ the
231-27	director of the department of environmental management as required by this section.
231-28	46-15-3 Review of public water supply facilities. – The ~~water resources board~~ director
231-29	of the department of environmental management shall review all proposals and plans for public
231-30	water supply systems in accordance with the procedures established in this chapter and shall, with
231-31	respect to each proposal:
231-32	(1) Make findings concerning the location of existing and potential sources of or threats
231-33	of contamination of the public water supply system;
231-34	(2) Assess the actual and potential impact of existing and potential sources of or threats
232-1	of contamination of the public water supply system;
232-2	(3) Prepare recommendations concerning the location, construction, protection, and
232-3	treatment of the public water supply system; and
232-4	(4) Report its findings, assessment, and recommendation to the directors of health and
232-5	the division of planning.
232-6	46-15-4. Procedure for approval of maps and plans. – (a) Whenever the approval of
232-7	any project as provided in this chapter is required, the application shall be made by the petitioner
232-8	in writing, the application shall be accompanied by proof of adequate authorization for the
232-9	project, and such exhibits as may be necessary clearly to indicate the scope of the proposed
232-10	project, including, but not limited to, a map of the lands to be acquired, if any, and preliminary
232-11	plans of the works proposed to be constructed. The application shall also show, where applicable,
232-12	the need for the particular source or sources of supply and the reasons therefor, and shall also
232-13	indicate the method of determining and providing for the payment of the proper compensation for
232-14	any and all legal damages to persons or property, whether direct or indirect, which will result
232-15	from the acquiring of the lands and the execution of the plans. The petition shall also be
232-16	accomplished by such proof as to the character and purity of the water supply proposed to be
232-17	acquired or used as the director of the department of health shall require and any proposed
232-18	method of treatment of the supply.
232-19	(b) The ~~water resource board~~ director of the department of environmental management
232-20	shall thereupon cause public notice to be given in a newspaper of general circulation, at least
232-21	seven (7) days prior, that on a day and at a place therein specified it will hold a public hearing for
232-22	the purpose of receiving evidence and hearing arguments from all persons and organizations that
232-23	may be affected by the proposed project, including the recommendations of the director of the
232-24	department of health and of the state planning council.
232-25	(c) The ~~water resources board~~ department of environmental management shall, upon
232-26	the day specified in the notice, or upon such subsequent day or days to which it may adjourn the
232-27	hearing, proceed to examine the maps and plans and to hear the proofs and arguments submitted
232-28	in support of and in opposition to the proposed project. The ~~water resources board~~ department of
232-29	environmental management, after a hearing, shall determine whether the plans proposed are
232-30	justified by public necessity, whether they provide for the proper and safe construction of all
232-31	work connected therewith, whether they provide for the proper protection of the supply and the
232-32	watershed from contaminations or provide for the proper treatment of an additional supply,
232-33	whether the plans are just and equitable to the other municipalities affected thereby and to the
232-34	inhabitants thereof, particular consideration being given to their present and future necessities for
233-1	sources of water supply, and whether the plans make fair and equitable provisions for the
233-2	determination and payment of any and all legal damages to persons and property, both direct and
233-3	indirect, which will result from the execution of the plans or the acquiring of those lands.
233-4	(d) The ~~water resources board~~ department of environmental management shall within
233-5	ninety (90) days after the close of the hearing, and after consideration of the recommendations of
233-6	the directors of the department of health and of the state planning ~~council~~, make a final decision
233-7	in writing, either approving the application, maps, and plans as presented, or under such
233-8	conditions or with such modifications in the application, maps, and plans as may be determined to
233-9	be necessary to provide satisfactory compliance by the applicant with any and all of the subjects
233-10	and matters required to be determined by the ~~water resources board~~ department of environmental
233-11	management in this subsection, or to bring into cooperation all persons, municipal water
233-12	departments or agencies, special water districts, or private water companies which may be
233-13	affected by the project; or it may reject the application entirely or permit another to be filed in
233-14	lieu thereof, but it shall, however, make a reasonable effort to meet the needs of the applicant,
233-15	with due regard to the actual or prospective needs, interests, and rights of others which may be
233-16	affected by the proposed projects.
233-17	46-15-5 Water supply to other states. – (a) No municipal water departments or
233-18	agencies, special water districts, or private water companies or person shall transport or carry
233-19	through pipes, conduits, ditches, or canals, the waters of any fresh water lake, pond, brook, river,
233-20	stream, or creek in this state or any well, subsurface, or percolating waters of this state into any
233-21	other state for use therein except where the consent in writing of the ~~water resources board~~
233-22	department of environmental management has been obtained.
233-23	(b) A petition in writing for that consent must be filed with the ~~water resources board~~
233-24	department of environmental management accompanied by such plans and documents as the
233-25	~~water resources board~~ department of environmental management may require. The provisions of
233-26	§ 45-15-4 shall, so far as practicable, apply to all proceedings to be had subsequent to the filing of
233-27	the petition as if the petition were one filed pursuant to the provision of § 46-15-4.
233-28	(c) The ~~water resources board~~ department of environmental management shall enforce
233-29	the provisions of this section, and the superior court, by injunction, may, upon an application of
233-30	the department of environmental management, prevent any unauthorized diversion or
233-31	transportation.
233-32	(d) Nothing contained herein shall be construed to affect any contracts or other
233-33	arrangements in existence on September 1, 1990, wherein a municipal water department or
233-34	agency, special water district, or private water company or person is supplying to and/or
234-1	purchasing water from any agency or other entity in another state.
234-2	46-15-6 Supply of water to other water supply systems. – (a) On any application for
234-3	a new or additional water supply or source of water supply, the ~~water resources board~~ department
234-4	of environmental management, after obtaining the recommendations of the directors of the
234-5	department of health and the division of planning, may require or authorize any applicant to make
234-6	provisions for the supply and to supply water to any area of the state which, as determined by the
234-7	~~water resources board~~ department of environmental management in its decision on that
234-8	application, properly should be supplied with water from the source or sources of water supply
234-9	sought by the applicant. Any municipal water department or agency, special water district, or
234-10	private water company within the area may apply to ~~water resources board~~ the department of
234-11	environmental management for the right to take water from that source of water supply or from
234-12	any part of the water supply system of the applicant supplied in whole or in part from that source.
234-13	If the ~~water resources board~~ department of environmental management requires, or if it approves
234-14	the application, it shall be the duty of the applicant to supply water, subject to such requirements
234-15	as the ~~water resources board~~ department of environmental management may impose. The amount
234-16	of water to be taken and the price to be paid therefore may be agreed upon between the applicant
234-17	and the taker of the water, or if they cannot agree, fair and reasonable amounts and rates shall be
234-18	fixed by the administrator of public utilities and carriers; provided, further, that nothing contained
234-19	in this section shall be construed as diminishing the powers of the administrator of public utilities
234-20	and carriers in respect to rates of water suppliers subject to his or her jurisdiction.
234-21	46-15-6.1 Assistants and employees and support provided. – The ~~board~~ director of
234-22	the department of environmental management shall appoint a ~~general manager~~ chief of water
234-23	resource management, who shall not be subject to the provisions of chapter 4 of title 36.; ~~and~~
234-24	~~shall set his or her compensation and terms of employment~~. The ~~general manager~~ director shall
234-25	appoint such subordinates, assistants, and employees as may be required for ~~the~~ proper
234-26	management of the development, protection, conservation and use of the water resources of the
234-27	state. ~~performance~~ of ~~the powers and duties of the~~ ~~board~~. All those subordinates, assistants, and
234-28	employees shall be subject to the provisions of chapter 4 of title 36.
234-29	46-15-7 Authority to enter upon lands and waters ~~for purpose of survey.~~ – The ~~water~~
234-30	~~resources board~~ department of environmental management, its assistants, consultants, employees,
234-31	subordinates, engineers, surveyors, or other agents or servants, upon giving due notice of intent
234-32	and purpose, without being liable for trespass, shall have the right, with the consent of the
234-33	landowner, or where a disaster or emergency is declared, or where there is a release or threatened
234-34	release of hazardous materials or petroleum and imminent danger to public health and safety, to
235-1	enter in, over, and onto any lands or waters in the state along with the equipment and devices as
235-2	may be necessary and appurtenant for performing response actions pursuant to chapter 19.1
235-3	and/or chapter 19.14 including the conducting of examinations, investigations, appraisals,
235-4	surveys, or other studies and for the making of test pits, pumping tests, borings, and other forms
235-5	of geologic investigations; provided, however, that in the event the landowner refuses to consent
235-6	to the entry, and where no disaster or emergency is declared, or where there is no release or
235-7	threatened release of hazardous materials or petroleum posing an imminent danger to public
235-8	health and safety exists, the ~~water resources board~~ department of environmental management may
235-9	petition the superior court for the county in which the lands and waters are located for such
235-10	authorization which shall be granted upon a showing by the ~~water resources board~~ department of
235-11	environmental management that the entry is necessary for the implementation of the plans and
235-12	programs of the ~~board~~ department of environmental management. The petition shall be granted
235-13	priority on the miscellaneous court calendar. Any landowner whose property is damaged by
235-14	virtue of the authorization granted herein shall have all of the rights, and shall be subject to all of
235-15	the limitations, set forth in chapter 31 of title 9.
235-16	46-15-8 Rules and regulations. – The ~~water resources board~~ director of the department
235-17	of environmental management is hereby authorized and empowered to make general rules and
235-18	regulations and to take such actions and issue such orders as may be required for the enforcement
235-19	of this chapter, and the rules and regulations, in addition hereto and not inconsistent herewith.
235-20	46-15-9 Powers of health department and department of environmental
235-21	management not affected. – Nothing contained herein shall be construed to ~~affect~~ diminish the
235-22	powers granted to the department of health and the department of environmental management
235-23	pursuant to chapters 12 – 14 and chapter 16 of this title.
235-24	46-15-10 Public nuisances – Abatement. – (a) In addition to liability for release or
235-25	threatened release of hazardous materials or petroleum as provided in Chapter 19.1 and/or
235-26	Chapter 19.14, Aany violation of any provision of this chapter, any rule or regulation
235-27	promulgated pursuant to this chapter, or any term or condition of any permit, shall constitute a
235-28	public nuisance. Any person, municipality, municipal water department or agency, special water
235-29	district, or private water company, committing a violation shall be liable for the costs of
235-30	abatement of any pollution and any public nuisance caused by the violation. The superior court is
235-31	hereby given jurisdiction over actions to recover the costs of the abatement.
235-32	(b) Any activity or condition declared by this chapter to be a nuisance or which is
235-33	otherwise in violation of this chapter shall be abatable in the manner provided by law or equity
235-34	for the abatement of public nuisances. In addition, the ~~water resources board~~ department of
236-1	environmental management may proceed in equity to abate nuisances or to restrain or prevent any
236-2	violation of this chapter.
236-3	46-15-11 Penalties and remedies. – (a) It shall be the duty of any person to comply
236-4	with any order issued pursuant to this chapter. If the person fails to comply with the order within
236-5	such time, if any, as may be specified, the order may be enforced administratively or by the
236-6	superior court, upon application made by the ~~water resources board~~ department of environmental
236-7	management.
236-8	(b) Any person who willfully or negligently violates any provision of this chapter, or
236-9	any rule or regulation or other order promulgated by the ~~water resources board~~ department of
236-10	environmental management, or any condition of any permit issued pursuant to ~~the~~ this chapter, is
236-11	guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five
236-12	hundred ($500) dollars for each separate offense or to imprisonment for a period of not more than
236-13	one year, or both.
236-14	(c) In addition to proceeding under any other remedy available at law or in equity for a
236-15	violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any
236-16	term or condition of any permit issued pursuant to this chapter, the ~~water resources~~ ~~board~~
236-17	department of environmental management may assess a civil penalty upon a person for the
236-18	violation. The penalty may be assessed whether or not the violation was willful or negligent.
236-19	When the ~~water resources board~~ department of environmental management assesses a civil
236-20	penalty, it shall inform the person of the amount of the penalty. The person charged with the
236-21	penalty shall then have thirty (30) days to pay the penalty in full or, if the person wishes to
236-22	contest either the amount of the penalty or the fact of the violation, the person shall, within the
236-23	thirty (30) day period, file an appeal of the action with the ~~water resources board~~ department of
236-24	environmental management pursuant to the Administrative Procedure Act contained in chapter 35
236-25	of title 42. Failure to appeal within thirty (30) days shall result in a waiver of all legal rights to
236-26	contest the violation or the amount of the penalty. The maximum civil penalty which may be
236-27	assessed pursuant to this section is five thousand dollars ($5,000) per day for each violation. Each
236-28	violation for each separate day and each violation of any provision of this chapter, any rule or
236-29	regulation under this chapter, any order of the ~~water resources board~~ department of environmental
236-30	management, or any term or condition of a permit shall constitute a separate and distinct offense
236-31	under this section.
236-32	(d) The penalties and remedies prescribed shall be deemed concurrent, and the
236-33	existence of or exercise of any remedy shall not prevent the ~~water resources board~~ department of
236-34	environmental management from exercising any other remedy hereunder.
237-1	(e) Violations on separate days shall constitute separate offenses for purposes of this
237-2	chapter.
237-3	46-15-12 Cemeteries affecting water supply. – (a) In the event that any sites, lands, or
237-4	other property acquired by the board pursuant to chapter 15.1 of this title, and/or in accordance
237-5	with chapter 6 of title 37, as amended, for the purpose of constructing or maintaining a reservoir
237-6	or other terraneous or subterraneous supply, transmission, or distribution of potable water,
237-7	contain any burial ground, cemetery, historic cemetery, graves, or places of human burial, and if
237-8	these places are to be flowed by water or are located so near to the reservoir or other water source
237-9	as to be likely to pollute or reduce the quality or value of the waters as a potable water supply, the
237-10	~~water resources board~~ department of environmental management shall remove the remains found
237-11	in the burial places.
237-12	(b) The removal is to be under the direction of a qualified funeral director and with the
237-13	approval of the next of kin of the deceased, and at the expense of the ~~water resources~~ ~~board~~
237-14	department of environmental management. However, notwithstanding the foregoing, the ~~board~~
237-15	department of environmental management shall only be liable for those expenses associated with
237-16	removal of the remains and existing headstone, and transfer and reinterment of the remains within
237-17	the state of Rhode Island. In the event that the next of kin desires to have the remains transported
237-18	or reinterred outside of the boundaries of the state of Rhode Island, any and all expenses related
237-19	to the transportation and reinterment outside of the state of Rhode Island shall be the
237-20	responsibility of the next of kin.
237-21	(c) No cadaver or remains shall be removed by the ~~water resources board~~ department of
237-22	environmental management unless the ~~water resources board~~ department of environmental
237-23	management shall give notice by certified mail to the nearest of kin known to the ~~water resources~~
237-24	~~board~~ department of environmental management, and/or, in the case where no kin is known to the
237-25	~~water~~ ~~resources board~~ department of environmental management, by advertising in one or more
237-26	daily newspapers having circulation within the town or city wherein the cemetery is located, at
237-27	least once a week for three (3) successive weeks. The advertisement shall set forth the names of
237-28	the deceased and the date of death, if the information is known or otherwise reasonably
237-29	discernible from available records, as well as, the present location of the cemetery or burial site.
237-30	(d) In the event that no kin is known or that the nearest of kin shall neglect or refuse to
237-31	approve the removal and reinterment, the ~~water resources board~~ department of environmental
237-32	management shall cause the cadavers or remains to be removed, transferred, and interred in such
237-33	other cemetery in accordance with the laws, rules, and regulations of the religious denomination,
237-34	if any shall be known or ascertained, to which the deceased subscribed. The ~~water resources~~
238-1	~~board~~ department of environmental management may, at its option, furnish a place or places for
238-2	these burials, and may establish a general burial ground or grounds therefore, and may acquire by
238-3	purchase or condemnation any lands needed therefore. No general burial ground or grounds shall
238-4	be established in any town without the prior approval of the town council of the town of the
238-5	location or locations thereof.
238-6	46-15-13 Water supply planning. – The department of environmental management
238-7	shall study and evaluate the needs of the state for current and future water supply and shall have
238-8	the following powers:
238-9	(1) To formulate and maintain a long range guide plan and implementing program for
238-10	development of major water resources and transmission systems needed to furnish water to
238-11	regional or local public water systems as part of the state guide plan adopted pursuant to § 42-11-
238-12	10.
238-13	(2) To provide for cooperative development, conservation, and use of water resources
238-14	by the state, municipal agencies or departments, ~~water resources board~~ and public water systems,
238-15	including special water districts and privately owned public water systems may:
238-16	(i) Divide the state into areas for the purpose of providing water supply facilities;
238-17	(ii) Designate municipal water departments or agencies, special districts, or privately
238-18	owned public water systems to perform area-wide water supply operations within each area.
238-19	(3) To review all plans and proposals for construction or installation of facilities for
238-20	water supply for conformance with the state guide plan in accordance with § 46-15-2. and report
238-21	its findings to the ~~water resources board~~ governor, the speaker of the house, and the president of
238-22	the senate.
238-23	46-15-14 Emergencies and imminent hazards. – The ~~division of planning~~ department
238-24	of environmental management subject to the approval of the governor shall promulgate an
238-25	adequate plan for the provision of safe drinking water for the inhabitants of the state when a water
238-26	emergency has been declared by the governor. A water emergency shall include floods or other
238-27	naturally occurring or man-made situations in which water supplies are or may become
238-28	insufficient to meet the needs of the inhabitants of the state either through a water shortage or
238-29	contamination of, or threat to, water supplies. In a water emergency, the governor may take such
238-30	actions and issue such orders as may be necessary to implement the plan, including the imposition
238-31	of conservation measures and the allocation of water supplies. The actions and orders may be
238-32	directed to state agencies, municipalities, or entities engaged in the sale of water to the public.
238-33	Notwithstanding the foregoing, the responsibility for setting rates for the purchase and sale of
238-34	water shall not be affected by this section.
239-1	46-15-15 Consultants. – The ~~water resources board~~ director of the department of
239-2	environmental management is authorized to employ such technical consultants as may be
239-3	required by the ~~board~~ department of environmental management for the proper performance of its
239-4	powers and duties within the limit of funds provided therefor.
239-5	46-15-16 Examination of books, records, and accounts. – For the purpose of
239-6	ascertaining material information relevant to the function of the powers and duties of the ~~water~~
239-7	~~resources board~~ department of environmental management, the ~~water resources board~~ department
239-8	of environmental management may freely examine at any time the books, records, and accounts
239-9	of any municipal water department, special water district, or private water company, in such form
239-10	as it may prescribe, covering any data or information which it deems necessary or proper to
239-11	enable it to carry into effect the applicable provisions of this chapter.
239-12	46-15-17 Filing reports. – The ~~water resources board~~ department of environmental
239-13	management, ~~on behalf of the board~~, may require any municipal water department, special water
239-14	district, or private water company at a designated time or times, to file with its statements and
239-15	reports, in such form as it may prescribe, covering any data or information which it deems
239-16	necessary or proper to enable it to carry into effect the applicable provisions of this chapter.
239-17	46-15-18 Relations with other governmental bodies and agencies. – In order to
239-18	adequately protect the interests of the state in its water resources, the ~~water resources~~ ~~board~~
239-19	department of environmental management is hereby authorized to:
239-20	(1) Cooperate with the appropriate agencies of the federal government, of the state or
239-21	other states, or any interstate bureau, group, division, or agency with respect to the use of ground
239-22	and surface waters, which are without or wholly or partially contained within this state, and to
239-23	endeavor to harmonize any conflicting claims which may arise therefrom.
239-24	(2) Appear, represent, and act for the state in respect to any proceeding before either a
239-25	federal or state governmental body or agency where the water resources of the state may be
239-26	affected, and may do and perform such acts in connection therewith as it deems proper to protect
239-27	the interests of the state.
239-28	(3) Present for the consideration of the congress or officers of the federal government,
239-29	as occasion requires, the just rights of the state in relation to its waters, and institute and prosecute
239-30	appropriate actions and proceedings to secure those rights, and defend any action or proceeding
239-31	calculated to impair those rights.
239-32	(4) Facilitate, encourage and support water resources management on a watershed
239-33	basis, in a manner that supports systems level planning.
239-34	46-15-19 Construction of references. – Whenever in any general or public law the
240-1	words, "water resources coordinating board" or the director of the department of the environment
240-2	shall appear, the same shall be deemed to refer to and to mean the "~~water resources board~~”
240-3	“department of environmental management”.
240-4	46-15-20 Exemption from taxation. – The exercise of the powers granted by this
240-5	chapter will be in all respects for the benefit of the people of the state, for the increase of their
240-6	commerce, welfare, and prosperity, and for the improvement of their health and living conditions,
240-7	and will constitute the performance of an essential government function, and ~~neither the~~ ~~water~~
240-8	~~resources board~~ ~~nor~~ ~~any~~ no municipal water agency, or department, or special water district to
240-9	whom the ~~water resources board~~ department of environmental management has leased any of its
240-10	properties or other facilities, shall or may be required to pay taxes or assessments upon or in
240-11	respect of those properties or facilities acquired, leased, or used by the ~~water resources board~~
240-12	department of environmental management under the provisions of this chapter, or upon any
240-13	improvements constructed on property owned by the ~~board~~ department of environmental
240-14	management by any municipal water agency, or department, or special water district, or upon the
240-15	income there from; provided, however, the general assembly may direct payments in lieu of taxes
240-16	to be paid to a city or town in which those properties or facilities are located.
240-17	46-15-21 Reporting requirements. – (a) Within ninety (90) days after the end of each
240-18	fiscal year, the ~~board~~ department of environmental management shall approve and submit an
240-19	annual report to the governor, the speaker of the house of representatives, and the president of the
240-20	senate and the secretary of state of its activities during that fiscal year. The report shall provide:
240-21	(i) a summary of the ~~board's~~ department of environmental management’s meetings for the
240-22	proper development, protection, conservation and use of water resources pursuant to this chapter
240-23	including when the ~~board~~ department of environmental management and its committees met,
240-24	subjects addressed, decisions rendered and meeting minutes; a summary of the ~~board's~~
240-25	department of environmental management’s actions including a listing of the proposals and plans
240-26	for public water supply systems received; hearings held, findings, assessments, recommendations,
240-27	and decisions rendered concerning proposed projects for public water supply systems; water
240-28	supply studies conducted; consents issued for transport of water to another state; decisions
240-29	rendered requiring or authorizing a water supplier to provide water to other water supply systems;
240-30	rules and regulations promulgated; violations and penalties assessed; actions taken to abate
240-31	nuisances or restrain or prevent violations, and any actions taken to investigate the activities of
240-32	municipal water departments, special water districts or private water companies; a synopsis of the
240-33	hearings, complaints, suspensions, or other legal matters related to the authority of the ~~board~~;
240-34	department; a summary of any training courses held pursuant to subdivision 46-15.1-5.2(2); a
241-1	consolidated financial statement of all funds received and expended by the ~~board~~ department of
241-2	environmental management including the source of the funds; a listing of the staff and/or
241-3	consultants employed by the ~~board~~ department of environmental management; and a listing of
241-4	findings and recommendation derived from ~~board~~ department of environmental management’s
241-5	activities.
241-6	(ii) The report shall be posted electronically as prescribed in § 42-20-8.2. The director of
241-7	the department of administration shall be responsible for the enforcement of the provisions of this
241-8	subsection
241-9	(b) Forthwith upon passage of this act, and within ninety (90) days of the end of the
241-10	fiscal year ~~2006~~ 2008 , the ~~board~~ department of environmental management shall submit to the
241-11	governor, the speaker of the house of representatives, and the president of the senate an annual
241-12	work plan for the upcoming fiscal year. Said annual work plan shall list the tasks the ~~board~~
241-13	department of environmental management plans on working on over the course of the upcoming
241-14	fiscal year including a description of how the elements are consistent with and supportive of the
241-15	systems level plan developed and implemented by the Rhode Island Bays, Rivers, and
241-16	Watersheds Coordination Team, as prescribed in § 46-31-5.
241-17	(c) Within ninety (90) days of the end of the fiscal year ~~2006~~ 2008 , and within ninety
241-18	(90) days after the end of each fiscal year thereafter, the ~~board~~ department shall submit to the
241-19	governor, the speaker of the house of representatives, the president of the senate and the secretary
241-20	of state an annual performance report for that fiscal year. Said report shall describe and evaluate
241-21	the successes and shortcomings of the implementation of the annual work plan pertaining to that
241-22	fiscal year, and shall include a summary of progress made in the following areas: formulation and
241-23	maintenance of a long range guide plan and implementing program for the development of major
241-24	water resources and transmission systems, as prescribed in § 46-15-13; promulgation of an
241-25	emergency plan for water supplies in the event of a water emergency declaration by the governor,
241-26	as prescribed in § 46-15-14; and actions undertaken for the cooperative development,
241-27	conservation, and use of state water resources, as prescribed in § 46-15-13. The report shall be
241-28	posted electronically as prescribed in § 42-20-8.2. The director of the department of
241-29	administration shall be responsible for the enforcement of the provisions of this subsection.
241-30	SECTION 4. Sections 46-15.1-2, 46-15.1-2.2, and 46-15.1-2.3 of the General Laws in
241-31	Chapter 46-15.1 entitled “Water Supply Facilities” are hereby amended as follows:
241-32	46-15.1-2 Water Resources Board created – Appointment of members. – (a) There
241-33	is hereby authorized, created and established a water resources board consisting of fifteen (15)
241-34	members. ~~as follows~~: ~~(1) Eleven (11) members shall represent the public and~~ All public
242-1	members shall be appointed by the governor with advice and consent of the senate as herein
242-2	provided;
242-3	(i) One ~~of whom~~ member shall be a person who is actively engaged in the agricultural
242-4	business, preferably an owner and/or operator of an agricultural business, with respect to which
242-5	appointment the governor shall give due consideration to the recommendation of the Rhode
242-6	Island Agricultural Council established pursuant to the provisions of chapter 3 of title 2;
242-7	(ii) One of whom shall be a representative of a conservation organization, with respect
242-8	to which appointment the governor shall give due consideration to the recommendation of the
242-9	Environment Council of Rhode Island;
242-10	(iii) One of whom shall be a professional with expertise in one or more of the following
242-11	fields: geology, hydrology, or engineering;
242-12	(iv) One of whom shall be a representative of a large public water system;
242-13	(v) One of whom shall be a representative of a small public water system;
242-14	(vi) One of whom shall be a representative of a large water user; and one of whom shall
242-15	be a representative of small water user; one of who shall be a professional with expertise in
242-16	financial planning and/or investment; and
242-17	(vii) Three (3) of whom shall be members with public water supply and public finance
242-18	knowledge. The ~~public~~ members shall be chosen as far as is reasonably practicable to represent
242-19	the drought regions of the state as specified in the Rhode Island Drought Management Plan.
242-20	(2) No person shall be eligible for appointment to the board unless he or she is a
242-21	resident of this state. The remaining ~~four (4)~~ members are the director of the Rhode Island
242-22	emergency management agency, director of environmental management, the director of the
242-23	Rhode Island economic development corporation ~~who shall serve as a nonvoting ex officio~~
242-24	~~member~~, the chief of the division of planning within the department of administration, who shall
242-25	serve as a nonvoting ex officio member, and the director of the department of health.
242-26	(3) Members shall serve until their successors are appointed and qualified and shall be
242-27	eligible to succeed themselves. In the month of February in each year, the governor, with the
242-28	advice and consent of the senate, shall appoint successors to the public members of the board
242-29	whose terms shall expire in such year, to hold office commencing on the day they are qualified
242-30	and until the first day of March in the third year after their respective appointments and until their
242-31	respective successors are appointed and qualified.
242-32	(b) Those members of the board as of the effective date of this act [~~June 16, 2006) (~~July
242-33	1, 2008] who were appointed to the board by members of the general assembly and the
242-34	chairperson of the joint committee on water resources shall cease to be members of the board on
243-1	the effective date of this act [~~June 16, 2006~~ July 1, 2008], and the governor shall thereupon
243-2	appoint five (5) new public members pursuant to this section;
243-3	(i) One of whom shall be a professional with expertise in financial planning and/or
243-4	investment;
243-5	(ii) One of whom shall be a professional with expertise in one or more of the following
243-6	fields: geology, hydrology or engineering; and
243-7	(iii) One of whom shall be a representative of a conservation organization appointed by
243-8	the governor as prescribed in this section.
243-9	(2) The member of the board selected by the Rhode Island Agricultural Council shall
243-10	continue to serve the balance of his or her term. Upon expiration of his or her term, the governor
243-11	shall appoint one member who is actively engaged in the agricultural business, preferably an
243-12	owner and/or operator of an agricultural business as prescribed in this section. Those members of
243-13	the board as of the effective date of this act [~~June 16, 2006~~ ) (July 1, 2008] who were appointed
243-14	to the board by the governor shall continue to serve the balance of their current terms. Thereafter,
243-15	the appointment shall be made by the governor as prescribed in this section.
243-16	(c) Any vacancy which may occur in the board for a public member shall be filled by
243-17	the governor, with the advice and consent of the senate, for the remainder of the unexpired term
243-18	in the same manner as the members predecessor as prescribed in this section. Each ex officio
243-19	member of the board may designate a subordinate within his or her department to represent him
243-20	or her at all meetings of the board.
243-21	(d) Members of the board shall be removable by the governor pursuant to section 36-1-
243-22	7 of the general laws and for cause only, and removal solely for partisan or personal reasons
243-23	unrelated to capacity or fitness for the office shall be unlawful.
243-24	(e) The water resources board (corporate) is designated to carry out the provisions of
243-25	this chapter. In exercising its powers under this chapter the board constitutes a body politic and
243-26	corporate and a public instrumentality of the state having a distinct legal existence from the state
243-27	and not constituting a department of the state government. The board may take action under this
243-28	chapter at any meeting of the board. A member of the board who is affiliated with a public water
243-29	system in Rhode Island, as provided in § 46-15-2, shall not thereby be disqualified from acting as
243-30	a member of the board on a transaction under this chapter with a public water system. Upon the
243-31	enactment of this chapter, and annually in the month of March thereafter, the board shall choose a
243-32	treasurer to act as such under this chapter. The treasurer need not be a member of the board or of
243-33	its staff and shall serve until his or her successor is chosen and takes office, unless sooner
243-34	removed by the board with or without cause. In the event of a vacancy in the office of treasurer,
244-1	the board shall fill the vacancy for the unexpired term.
244-2	(f) Nothing contained herein shall be construed as terminating or discontinuing the
244-3	existence of the water resources board (corporate) as it exists prior to July 1, ~~1993~~ 2008 for
244-4	purposes of chapters 15.1, 15.2, and 15.3 of this title, and the water resources board (corporate)
244-5	created hereby shall be ~~and shall be~~ deemed to be a continuation of the water resources board as it
244-6	exists prior to July 1, ~~1993~~ 2008 for the purposes enumerated in chapters 15.1, 15.2, and 15.3 of
244-7	this title. Nothing contained herein shall affect the bonding or financing authority of the water
244-8	resources board (corporate) as it exists prior to July 1, ~~1993~~ 2008 nor shall anything contained
244-9	herein be construed as terminating, altering, discontinuing, or in any way impairing the bonding
244-10	or financing power of the water resources board (corporate) as it exists under chapters 15.1, 15.2,
244-11	and 15.3 of this title prior to July 1, ~~1993~~ 2008.
244-12	46-15.1-2.2 Qualifications of members. – (a) Each ~~public~~ member of the board, before
244-13	entering upon his or her duties, shall take an oath to administer the duties of his or her office
244-14	faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
244-15	(b) No member of the board shall be in the employ of, or own any stock in, or be in any
244-16	way directly or indirectly financially interested in any private corporation or company engaged in
244-17	the supply, storage, distribution, or sale of water. No member shall, either personally or through a
244-18	partner or agent, render any professional service or make or perform any business contract with or
244-19	for any such corporation or company; nor shall any member, directly or indirectly, receive a
244-20	commission, bonus, discount, present, or reward from any such corporation or company;
244-21	provided, however, that the limitation set forth herein shall not apply in the case of those public
244-22	members affiliated with public water systems who receive directors' fees or other payments for
244-23	their services with a public water system.
244-24	46-15.1-2.3 Officers of the board – Quorum and vote required for action. –
244-25	Forthwith, and upon the enactment of this chapter, and annually in the month of March,
244-26	thereafter, the board shall elect one of its ~~public~~ members as chairperson, one of its ~~public~~
244-27	members as vice chairperson, and shall also elect a secretary either from its membership or its
244-28	technical staff. The board may elect from among its members such other officers as it deems
244-29	necessary. Seven (7) voting members of the board constitutes a quorum. A majority vote of those
244-30	present and voting shall be required for action. No vacancy in the membership of the board shall
244-31	impair the right of a quorum to exercise all the rights and perform all of the duties of the board.
244-32	SECTION 5. This act shall take effect on July 1, 2008.
244-33	ARTICLE 46
244-34	EFFECTIVE DATE
245-1	This article provides that the act shall take effect upon passage, except as otherwise
245-2	provided herein.


	=======
	LC01320
	=======

	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR FISCAL YEAR
	ENDING JUNE 30, 2009
	***

246-1	ARTICLE 1
246-2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2009
246-3	This article makes revised appropriations from general revenues and authorizes
246-4	expenditure of federal fund, restricted receipts, and other funds for FY 2009. This article also
246-5	identifies the revised FTE authorizations for each agency and department for fiscal year 2009;
246-6	provides for the transfer of $4,000l,000 from the Rhode Island Resource Recovery Corporation to
246-7	the state controller on June 30, 2009; provides expenditures limits for internal service funds;
246-8	provides for revised appropriations for expenditures and disbursements from Temporary
246-9	Disability Insurance funds, Employment Security funds, University and College funds, and
246-10	Lottery Division funds; and provides for an effective date of "upon passage.
246-11	ARTICLE 2
246-12	RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES
246-13	This article authorizes the General Treasurer to borrow in FY 2009 up to $270.0 million
246-14	in anticipation of receipts from taxes for the purposes consistent with the State Constitution.
246-15	ARTICLE 3
246-16	RELATING TO BOND PREMIUMS
246-17	This article amends the public laws associated with all of the state's authorizes but
246-18	unissued general obligation bonds to reinstate a provision which was changed during the 2006
246-19	session. The article provides for any premium received upon the sale of bonds, net of any
246-20	underwriting costs and cost of bond insurance paid at the time of sale, would be deposited into the
246-21	general fund, and these funds would ultimately become available, along with investment earnings
246-22	on the bond proceeds, as general revenue receipts to offset debt service. At this time, no estimate
246-23	of the expected premium is included as an enhancement to general revenue receipts for the FY
246-24	2009 budget.
246-25	ARTICLE 4
246-26	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
247-1	This article serves as joint resolutions required pursuant to RIGL 35-18-1 for the issuance
247-2	of debt. Projects proposed include: Reservations to the Amie Forand Building at the Pastore
247-3	Government Center for use by the Registry of Motor Vehicles and to the Virks Building for use
247-4	by humans service agencies, and energy service companies' energy service contracts for the
247-5	Pastore Government Center and the Zambarano Campus.
247-6	ARTICLE 5
247-7	RELATING TO CAPITAL DEVELOPMENT PROGRAM
247-8	This article submits two bond referenda totaling $122,215,000 to the voters of Rhode
247-9	Island at the November 20-08 election. Question 1 would authorize $35.0 million for open space,
247-10	recreation development and Narragansett Bay and watershed restoration. Question 2 would
247-11	authorize $87.215 million for transportation purposes.
247-12	ARTICLE 6
247-13	RELATING TO SECRETARY OF STATE LEGISLATIVE MANUAL
247-14	This article would eliminate the requirement that the Secretary of State print the Rhode
247-15	Island Owner's Manual. The amendment would allow the Secretary of State to replace the print
247-16	form with a posting on the official Web site of the Secretary of State. This article would take
247-17	effect upon passage.
247-18	ARTICLE 7
247-19	RELATING TO PERMITS FOR SALE OF BOTTLED WATER
247-20	This article would impose a tax of four cents ($0.04) on each case of bottled water sold
247-21	from a wholesaler to a retailer in Rhode Island and would take effect on July 1, 2008.
247-22	ARTICLE 8
247-23	RELATING TO TRANSPORTATION OF STUDENTS
247-24	This article relieves the Department of Elementary and Secondary Education of its
247-25	obligation to develop and implement statewide transportation systems for special education
247-26	students and all students.
247-27	ARTICLE 9
247-28	RELATING TO EDUCATION AID
247-29	This article repeals housing aid bonuses for projects involving asbestos removal and
247-30	access for persons with disabilities, sets a five year time limit on bonuses for regionalized
247-31	districts, and pegs bonuses for renovation projects involving energy conservation to standards set
247-32	forth in the Rhode Island Building Energy Code. This article also provides for the calculation and
247-33	distribution of education aid to local and regional school districts in FY 2009.
247-34	ARTICLE 10
248-1	RELATING TO SUBSTANCE ABUSE PREVENTION ACT
248-2	This article provides for various amendments to state law to establish and maintain
248-3	regional Substance Abuse Prevention Conditions. The article also provides for the distribution of
248-4	grant funding to assist in the planning, establishment, and operation of substance abuse
248-5	prevention coalitions, and to redefine recipient eligibility criteria.
248-6	ARTICLE 11
248-7	RELATING TO HEALTH PROFESSIONS – LICENSED CHEMICAL DEPENDENCY
248-8	PROFESSIONALS
248-9	This article transfer the licensing of chemical dependency professionals from the
248-10	Department of Mental Health, Retardation, and Hospitals to the Department of Health.
248-11	ARTICLE 12
248-12	RELATING TO TREATMENT ALTERNATIVES TO STREET CRIME PROGRAM
248-13	This article provides for the elimination of the Treatment Alternatives to Street Crime
248-14	program in Mental Health, Retardation, and Hospitals. It also corrects the reference to Health as
248-15	having alcohol and drug programs within the department; recognizes Mental Health, Retardation,
248-16	and Hospitals as the licensing authority of substance abuse treatment facilities; eliminates referral
248-17	to the TASC program should a clinical assessment determine an offender's problems be
248-18	association with alcoholic or drug abuse, and substitutes an appropriate facility for treatment
248-19	placement, case management, and monitoring.
248-20	ARTICLE 13
248-21	RELATING TO MUNICIPAL INCENTIVE PAY PROGRAMS
248-22	This article repeals section 42-28.1 entitled "Municipal Police – Incentive Pay" and
248-23	section 42-28.4 entitled "Municipal Firefighters – Incentive Pay".
248-24	ARTICLE 14
248-25	RELATING TO MUNICIPAL FINANCES
248-26	This article would create an advisory council on municipal finances which would be
248-27	charged with making recommendations on standardized municipal financial reporting consistent
248-28	with the new standards recently implemented for all school districts.
248-29	ARTICLE 15
248-30	RELATING TO STATE AID
248-31	This article would specify the amount of video lottery terminal revenues dedicated to
248-32	state aid and would set the level and distribution method for general revenue sharing to
248-33	municipalities.
248-34	ARTICLE 16
249-1	RELATING TO TEMPORARY ASSISTANCE PROGRAM FOR NEEDY FAMILIES
249-2	This article outlines the structure for Work First, a family support program to replace the
249-3	Family Independence Act. The article instructs the Department of Human Services to draft
249-4	language for the new program, for substitution with this article as presented herein.
249-5	ARTICLE 17
249-6	RELATING TO RHODE Island MEDICAID REFORM ACT
249-7	This article outlines the structure for Medicaid Reform, a client-centered Medicaid
249-8	delivery program to replace the current provider reimbursement-based payment model. The
249-9	article instructs the Department of Human Services and the Executive Office of Health and
249-10	Human Services to draft language for the new program, for substitution with this article as
249-11	presented herein.
249-12	ARTICLE 18
249-13	RELATING TO HUMANS SERVICES – HOSPITAL RATE PAYMENT
249-14	This article makes amendments to the law for the purpose of changing the payment
249-15	method to hospitals, in state and out of state, such that the payment model uses the Diagnoses
249-16	Related Groups method. The article shall take effect upon passage.
249-17	ARTICLE 19
249-18	RELATING TO HOSPITAL UNCOMPENSATED CARE
249-19	This article established an uncompensated care reimbursement plan for community
249-20	hospitals for FY 2008 and FY 2009 only.

249-22	ARTICLE 20
249-23	RELATING TO HUMAN SERVICES – HEALTH ACCOUNT
249-24	This article makes amendments to the existing childrens health account assessment on
249-25	health insurance providers to expand the reimbursements required for services provided to
249-26	insured children.
249-27	ARTICLE 21
249-28	RELATING TO GENERAL PUBLIC ASSISTANCE – HARDSHIP
249-29	This article renews the annual authorization for benefits and the expenditure ceiling for
249-30	the General Public Assistance Hardship program.
249-31	ARTICLE 22
249-32	RELATING TO STATE POLICE RETIREMENT PROVISIONS
249-33	This article would amend the retirement for embers of the state police.
249-34	ARTICLE 23
250-1	RELATING TO RHODE ISLAND TELECOMMUNICATION EDUCATION ACCESS FUND
250-2	This article increases the access line surcharge for the Rhode Island Telecommunications
250-3	Access Fund (RITEAF) from $0.26 to $0.33 and requires the Public Utilities Commission to
250-4	resume its submission of monthly receipt reports to the Department of Elementary and Secondary
250-5	Education.
250-6	ARTICLE 24
250-7	RELATING TO DCYF RESIDENTIAL PLACEMENTS
250-8	This article places a maximum limit of 1,000 out of home placements (excluding foster
250-9	homes) at any time during the fiscal year and requires that savings accrued through this cap will
250-10	be reinvested into community-based services.
250-11	ARTICLE 25
250-12	RELATING TO DELINQUENT AND DEPENDENT CHILDREN
250-13	This article mandates that local education authorities must reimburse the Department of
250-14	Children, Youth and Families for court ordered educational services and/or testing for children
250-15	that have been found delinquent, wayward, neglected, dependent, or otherwise.
250-16	ARTICLE 26
250-17	RELATING TO SUPPLEMENTAL SECURITY INCOME
250-18	This article reduces the state supplement to the federal supplemental security income
250-19	benefit in an amount equal to the federal adjustment to the benefit beginning January 1, 2009.
250-20	ARTICLE 27
250-21	RELATING TO CHILD CARE – STATE SUBSIDIES
250-22	This article eliminates the child care provider rates market survey, and the biennial
250-23	provider rate adjustment that is based on the survey.
250-24	ARTICLE 28
250-25	RELATING TO CHILD CARE SERVICES
250-26	This article reduces the state supplement to the federal Head Start programs operating in
250-27	Rhode Island.
250-28	ARTICLE 29
250-29	RELATING TO PUBLIC UTILITIES COMMISSION
250-30	This article transfers the cost of motor carrier regulation currently under the purview of
250-31	the Public Utilities Commission (PUC) to other utilities regulated by the PUC and eliminates the
250-32	requirement for spot testing of al metering devices at least once a year, transferring this
250-33	requirement to the local cities and towns.
250-34	ARTICLE 30
251-1	RELATING TO MUNICIPAL ELECTIONS
251-2	In all cases when only a special city or town election is involved or only a special
251-3	election regarding a local question is involved, the costs and expenses for the preparation of the
251-4	voting documents will be the obligation of the local municipality. The municipality will
251-5	reimburse the Secretary of State upon demand being made, but no later than (30) days after the
251-6	election takes place. All monies received will be deposited into the General Fund. This article
251-7	would also eliminate the requirement of printing local ballot questions on a distinctive colored
251-8	background.
251-9	ARTICLE 31
251-10	RELATING TO LICENSING OF HOSPITAL FACILITIES
251-11	This article establishes the hospital licensing fee at 4.94 percent of net patient revenues
251-12	for FY 2009 only.
251-13	ARTICLE 32
251-14	RELATING TO PROPRIETARY SCHOOLS
251-15	This article moves the registration and review of proprietary schools, both non-profit and
251-16	for profit, from the Board of Governors for Higher Education to the Department of Business
251-17	Regulation.
251-18	ARTICLE 33
251-19	RELATING TO BUSINESS REGULATION
251-20	This article eliminates the auto body shop licensing board, permits the director to assess
251-21	expenditure reimbursement for investigations and hearings to licensees; transfers the burglar
251-22	alarm systems business regulation to the Department of Labor and Training; and eliminates the
251-23	licensing of travel agencies.
251-24	ARTICLE 34
251-25	RELATING TO CHILDHOOD IMMUNIZATION AND KIDSNET
251-26	This article includes KIDNSET in the childhood immunization program for financing via
251-27	health insurers' assessments. KIDSNET is the confidential, computerized child health information
251-28	system that serves as s repository for pediatricians and other health professions to manage
251-29	statewide immunizations and other public health preventive services for children aged birth to 18
251-30	years old. Financing for KIDSNET and the childhood immunization program administrative and
251-31	quality assurance services is amended by dedicating up to 15 percent of the annual revenues
251-32	received in the restricted receipt account known as the "childhood immunization account".

251-34	ARTICLE 35
252-1	RELATING TO RETIREMENT OF JUSTICES AND JUDGES
252-2	This article would require the State Retirement Board to offset the amounts that judges
252-3	receive in social security benefits against eh state retirement board.
252-4	ARTICLE 36
252-5	RELATING TO COLLECTIVE BARGAINING FISCAL IMPACT STATEMENTS
252-6	This article would require school committees and city and town councils to prepare
252-7	collective bargaining fiscal impact statements with respect to proposed contracts with teachers
252-8	and other municipal employees in conformity with guidelines promulgated by the Department of
252-9	Revenue.
252-10	ARTICLE 37
252-11	RELATING TO CRIME VICTIMS COMPENSATION FUND
252-12	This article would allow up to 15 percent of the court receipts from the crime Victims
252-13	Compensation Program to be used by the Treasury for administrative costs.
252-14	ARTICLE 38
252-15	RELATING TO MUNICIPAL TIPPING FEES
252-16	This article sets the municipal tipping fee at $32.00 per ton during FY 2009.
252-17	ARTICLE 39
252-18	RELATING TO NEWBORN SCREENING PROGRAM
252-19	This article changes the accounting of the newborn hearing and screening programs from
252-20	general revenue to restricted receipts. It also exempts the cash receipts from fees assessed under
252-21	the newborn hearing and screening programs from the 10 percent indirect cost recovery
252-22	assessment.
252-23	ARTICLE 40
252-24	RELATING TO NURSING FACILITIES COST OF LIVING ADJUSTMENT
252-25	This article defers the operating cost center adjustment for nursing facilities from October
252-26	2008 to April 2009.
252-27	ARTICLE 41
252-28	RELATING TO HEALTH REGULATORY PROGRAMS
252-29	This article eliminates from regulation massage therapy establishments and changes the
252-30	inspection requirement of tanning facilities from an annual to a periodic (ax needed) basis.
252-31	ARTICLE 42
252-32	RELATING TO ELDERLY AFFAIRS PROGRAMS
252-33	This article eliminates the function of issuing state identification cards to elderly and
252-34	disabled persons 55 and over for a nominal fee charged for cost recovery, and recognizes general
253-1	revenue cost savings in community services objective grant funding under the aegis of the
253-2	Legislature through the department of elderly affairs and advocacy, but still requires public and
253-3	private elderly housing complexes to submit satisfactory evidence of a safety and security plan
253-4	for its residents to the department. It also alters the income criterion for all three tiers of the
253-5	Rhode Island Pharmaceutical Assistance to the Elderly program and mandates enrollment in the
253-6	federal Medicare Part D benefit program, as provided for in the Medicare Prescription Drug
253-7	Improvement and modernization Act of 2003. Finally, it also mandates the use of generic drugs in
253-8	place of brand name ones when such generic variations are available.
253-9	ARTICLE 43
253-10	RELATING TO DEPARTMENT OF ELDERLY AFFAIRS AND ADVOCACY
253-11	This article combines the duties, responsibilities and functions of the Commission on the
253-12	Deaf and Hard of Hearing State Council on Developmental Disabilities, Governor's Commission
253-13	on Disabilities and the Department of Elderly Affairs into the Department of Elderly Affairs and
253-14	Advocacy.
253-15	ARTICLE 44
253-16	RELATING TO DEPARTMENT OF PUBLIC SAFETY
253-17	This article creates the Department of Public Safety. The department will include six
253-18	programs: Central Management, E-911 Emergency Telephone System, State Fire Marshal,
253-19	Security Services, Municipal Police Training Academy, and State Police. All programs will
253-20	directly report to the Colonel of the State Police.
253-21	ARTICLE 45
253-22	RELATING TO ENVIRONMENTAL MANAGEMENT
253-23	This article merges the Coastal Resources Management Council and the Water Resources
253-24	Board into the Department of Environmental Management. All employees and resources are
253-25	transferred to the Department and will fall under the purview of the Director of Environmental
253-26	management. The Water Resources Board Corporate will remain as a quasi-public agency.
253-27	ARTICLE 46
253-28	RELATING TO EFFECTIVE DATE
253-29	This article provides for an effective date of upon passage, unless otherwise provided
253-30	herein.







	=======
	LC01320
	=======

H7390