It is enacted by the General Assembly as follows:

SECTION 1. The text of the statutes herein appended is hereby enacted together with the amendments and corrections hereafter made, as title 42 of the general laws of 1956 (reenactment of 1988) -- reenactment of 1993.

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

SECTION 2. Chapter 43-4 of the General Laws entitled "Effect of General Laws" is hereby amended by adding thereto the following section:

{ADD 43-4-15.19. Repeal of general laws by 1993 reenactment [Effective December 31, 1993.] -- ADD}

{ADD Title 42 of the general laws of 1956 as enacted by chapter 34 of the public laws, 1957, and heretofore reenacted, are hereby repealed, subject to the preceding sections of this chapter. ADD}

SECTION 3. All laws passed at this January session of the general assembly in the year 1993 shall be and remain in full force and effect notwithstanding the enactment of title 42 of the general laws, by this act; and all laws passed at this January session 1993, affecting title 42 of the general laws, shall be construed and deemed to be in amendment of or in addition to said title 42 of the general laws as enacted by this act.

SECTION 4. Section 16-59-14 of the General Laws in Chapter 16-59 entitled "Board of Governors for Higher Education" is hereby amended to read as follows:

{ADD 16-59-14. Pertinence of certain law relating to state colleges to board of governors. -- ADD} The provisions of {ADD repealed sections ADD} 16-31-8, 16-31-9, 16-31-10, 16-31-11 and 16-31-13 heretofore pertinent to the board of trustees of state colleges and made applicable to the board of governors for education are hereby made applicable to the board of governors for higher education; provided, however, that section {DEL 16-31-13 DEL} {ADD 16-59-23 ADD} shall not apply to members of the general assembly in their capacity as members of the board of governors.

SECTION 5. Section 23-4.10-7 of the General Laws in Chapter 23-4.10 entitled "Health Care Power of Attorney" is hereby amended to read as follows:

{ADD 23-4.10-7. Immunities -- [Effective January 1, 1993.] -- ADD} (a) In the absence of actual notice of the revocation of a durable power of attorney, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or charges of unprofessional conduct:

(1) A physician who causes the withholding or withdrawal of life-sustaining procedures from a qualified patient.

(2) A person who participates in the withholding or withdrawal of life-sustaining procedures under the direction or with the authorization of a physician.

(3) The health-care provider owning or operating the facility in which the withholding or withdrawal occurs.

{DEL (b) A physician is not subject to civil or criminal liability for actions under this chapter which are in accordance with reasonable medical standards. DEL}

(4) Emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures under the direction of or with the authorization of a physician or who on receipt of reliable documentation follow a living will protocol.

(5) Emergency medical services personnel who proceed to provide life-sustaining treatment to a qualified patient pursuant to a revocation communicated to them.

{ADD (b) A physician is not subject to civil or criminal liability for actions under this chapter which are in accordance with reasonable medical standards. ADD}

SECTION 6. Section 23-18-11.1 of the General Laws in Chapter 23-18 entitled "Cemeteries" is hereby amended to read as follows:

{ADD 23-18-11.1. Permit required to alter or remove historic cemetery -- Powers of city or town council -- Appeal. -- ADD} (a) Before an agency or a property owner may authorize or commence alteration or removal of any historic cemetery, the agency or owner must apply to the city or town council wherein the historic cemetery is located for a permit to alter or remove. The city or town council shall prescribe by ordinance standards to regulate the alteration or removal of any historic cemetery within its municipal limits, but shall at a minimum provide that (i) the applicant examine all alternatives, and demonstrate that no prudent or feasible alternative to the proposed alteration is possible; (ii) the city or town provide for notification and participation in the permitting process of parties which may be interested in the proposed alteration or removal by virtue of their status as a governmental health or historic preservation authority, or as a private or nonprofit historical, geneological or civic organization, or, in the case of American Indian cemeteries and burial grounds, the appropriate tribal organization and (iii) the city or town provide for due consideration of the rights of descendants in any application to substantially alter or remove an historic cemetery.

(b) When an application for alteration or removal of an historic cemetery has been made and the boundary is unknown or in doubt, the city or town may require that the applicant, at its own expense, conduct an archaeological investigation to determine the actual size of the cemetery prior to final consideration by the city or town of the application to alter or remove.

(c) After due consideration thereof, the city or town council may grant the application to alter or remove the historic cemetery in whole or in part, under the supervision of an archaeologist and with such restrictions and stipulations as it deems necessary to effectuate the purposes of this section, or deny the application in its entirety. Any person or persons aggrieved by a decision of the city or town council shall have the right of appeal concerning the decision to the superior court {DEL in the same manner provided in section 45-24-20 DEL} and from the superior court to the supreme court by writ of certiorari.

(d) Nothing in this section shall be deemed to contravene the authority of municipal bodies under section 45-5-12 to hold, manage, repair or maintain any neglected burial ground.

SECTION 7. Section 28-35-57.1 of the General Laws in Chapter 28-35 entitled "Workers' Compensation -- Procedure" is hereby amended to read as follows:

{DEL 28-35-57.1. Bar of claims. (Version amended by P.L. 1992, ch. 31, section 13.) -- DEL} {DEL An employee's claim for compensation from an employer under chapters 29 to 38, inclusive of this title, shall be barred from the date the employee commences employment for a period of two (2) years in the event the employee wilfully provided false information, as to his or her ability to perform the essential functions of the job, without reasonable accommodations, to the employer on an employment application requesting that information, which information is directly related to the personal injury which injury is the basis of the new claim for compensation. This section shall not apply unless the employment application advises the employee of the substance of this section, and nothing herein shall exempt any employer from or excuse full compliance with any applicable provisions of the Americans with Disabilities Act [42 U.S.C. sections 12101 -- 12213] and chapter 87 of title 42 (Discrimination Against the Handicapped). DEL}

{ADD 28-35-57.1. Bar of claims. ADD} {DEL Version amended by P.L. 1992, ch. 100, section 1. DEL} {ADD -- ADD} An employee's claim for compensation from an employer under chapters 29 to 38, inclusive of this title, shall be barred from the date the employee commences employment for a period of two (2) years in the event the employee has wilfully provided false information as to his or her ability to perform the essential functions of the job, with or without reasonable accommodations, on an employment application requesting that information, if the information is directly related to the personal injury which is the basis of the new claim for compensation. This section shall not apply unless the employment application, advises the employee of the substance of this section. Nothing herein shall exempt any employer from or excuse full compliance with any applicable provisions of the Americans with Disabilities Act [42 U.S.C. section 12101 -- 12213] and chapter 87 of title 42 {DEL (Discrimination Against the Handicapped) DEL} {ADD (Civil Rights of Individuals with Handicaps) ADD} .

SECTION 8. Section 28-44-62 of the General Laws in Chapter 28-44 entitled "Employment Security Benefits" is hereby amended to read as follows:

{ADD 28-44-62. Extended benefits. -- ADD} (a) Definitions. -- As used in this section, unless the context clearly requires otherwise:

(1) "Extended benefit period" means a period which:

(A) Begins with the third week after the first week for which there is a state "on" indicator; and (B) Ends with either of the following weeks, whichever occurs later:

(i) The third week after the first week for which there is a state "off" indicator; or

(ii) The thirteenth consecutive week of that period, provided; that no extended benefit period may begin by reason of a state "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state; and provided, further, that no extended benefit period may become effective in this state prior to the 61st day following the date of enactment of the federal-state extended unemployment compensation act of 1970, and that, within the period beginning on that 61st day and ending on December 31, 1971, an extended benefit period may become effective and be terminated in this state only by reason of a state "on" and a state "off" indicator, respectively. On and after January 1, 1972, either state or national indicators shall be applicable.

(2) There is a "state 'on' indicator" for this state for a week beginning prior to September 25, 1982, if the director determines, in accordance with the regulations of the U.S. secretary of labor, that for the period consisting of that week and the immediately preceding twelve (12) weeks, the rate of insured unemployment (not seasonally adjusted) under chapters 42 -- 44, inclusive, of this title:

(A) Equaled or exceeded one hundred twenty per cent (120%) of the average of those rates for the corresponding thirteen (13) week period ending in each of the preceding two (2) calendar years, and

(B) Equaled or exceeded four per cent (4%).

(C) With respect to benefits for weeks of unemployment beginning after March 30, 1977, and prior to September 25, 1982, the determination of whether there has been a state "on" or "off" indicator beginning or ending any extended period shall be made under this subsection as if: (i) subdivision (a) (2) (A) were not contained herein, and (ii) the figure "4" contained in subdivision (a) (2) (B) above were "5"; except that, notwithstanding any such provision of this subsection, any week for which there would otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to be a week for which there is a state "off" indicator.

(3) There is a "state 'on' indicator" for this state for a week, beginning after September 25, 1982, if the director determines, in accordance with regulations of the U.S. secretary of labor, that for the period consisting of that week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this act:

(A) Equaled or exceeded 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding two calendar years, and equaled or exceeded 5 percent, or

(B) Equaled or exceeded 6 percent, regardless of the insured unemployment rate in previous years, except that

(C) Notwithstanding any such provision of this subsection, any week for which there would otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to be a week for which there is a state "off" indicator.

(4) There is a "state 'off' indicator" for this state for a week beginning:

(A) Prior to September 25, 1982, if for the period consisting of that week and the immediately preceding twelve (12) weeks the provisions of subdivision (a) (2) are not satisfied.

(B) After September 25, 1982, if for the period consisting of that week and the immediately preceding twelve (12) weeks both subdivisions (a) (3) (A) and (a) (3) (B) are not satisfied.

(5) "Rate of insured unemployment," for purposes of subdivisions (a) (2) and (a) (3) of this section means the percentage derived by dividing:

(A) The average weekly number of individuals filing claims for regular benefits for weeks of unemployment with respect to the most recent thirteen (13) consecutive-week period, as determined by the director on the basis of reports submitted to the secretary of labor, by

(B) The average monthly covered employment for the first four (4) of the most recent six (6) completed calendar quarters ending before the end of such thirteen (13) week period.

Computations required by the provisions of this paragraph shall be made by the director, in accordance with the regulations prescribed by the secretary of labor.

(6) "Regular benefits" means benefits, including dependents' allowances, payable to an individual under chapters 42 -- 44, inclusive, of this title, or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than extended benefits.

(7) "Extended benefits" means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to an individual under the provisions of this section for weeks of unemployment in his eligibility period.

(8) "State" includes any state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands.

(9) "State law" means the unemployment insurance law of any state, approved by the secretary of labor under section 3304 of the internal revenue code of 1954.

(10) "Eligibility period" of an individual means the period consisting of the weeks in his benefit year which begin in an extended period that is in effect in this state and, if his benefit year ends within that extended benefit period, any weeks thereafter which begin in that period.

(11) For purposes of this section, the term "suitable work" means, with respect to any individual, any work which is within that individual's capabilities; provided, however:

(A) That the gross average weekly remuneration payable for the work must exceed the sum of the individual's weekly benefit amount as determined under subsection VII plus the amount, if any, of supplemental unemployment benefits (as defined in section 501 (c) (17) (D) of the internal revenue code of 1954) payable to that individual for that week, and

(B) That wages for such work are not less than the higher of:

(i) The minimum wage provided by section 6 (a) (1) of the fair labor standards act of 1938, without regard to any exemption, or

(ii) The applicable state or local minimum wage.

(b) Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits. -- Except when the result would be inconsistent with the other provisions of this section and as otherwise provided in the employment security rules, the provisions of chapters 42 -- 44, inclusive, of this title, which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits provided under this section.

(c) Eligibility requirements for extended benefits. -- An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the director finds that:

(1) He has, prior to such week, exhausted all of his rights to regular benefits provided under chapters 44 -- 44 inclusive, of this title because either:

(A) He has received all of those benefits that were available to him in his current benefit year, or

(B) His benefit year has expired prior to that week, and he has insufficient wages and/or insufficient weeks of employment on which to establish a new benefit year which would include that week; and

(2) With respect to that week of unemployment,

(A) He has exhausted all his rights to regular benefits available to him under any state law (including benefits payable to federal civilian employees and ex-servicemen under section 5 U.S.C. chapter 85);

(B) He has no rights to allowances or unemployment benefits under any other federal law, such as the railroad unemployment insurance act;

(C) He has not received unemployment benefits under the law of Canada; and

(D) He is not disqualified or ineligible for benefits under any provisions of chapters 42 -- 44, inclusive, of this title, to the extent that those provisions, pursuant to subdivision (c) (2) (B) of this section or the regulations adopted pursuant to that subdivision, are applicable to the claims for, and the payment of, extended benefits provided under this section; provided, that, for purposes of subdivision (c) (1), an individual shall be deemed to have exhausted his regular benefit rights with respect to any week of unemployment when he may become entitled to regular benefits with respect to that week, or future weeks, but those benefits are not payable at the time he claims extended benefits because final action has not yet been taken on a pending appeal with respect to regular benefits based on wages and/or employment which were not considered in the prior determination of his benefits.

(3) Notwithstanding the provisions of this subsection, an individual filing an initial claim for extended benefits effective September 26, 1982, or after shall not be eligible for extended compensation for any week of unemployment, unless in the base period with respect to which the individual exhausted all rights to regular benefits provided under chapters 42 -- 44, inclusive, of this title, the individual had earnings in insured employment under chapters 42 -- 44, inclusive, of this title which equaled or exceeded forty (40) times the individual's weekly benefit amount (including dependents' allowance).

(d) Suitable work and work search requirements for extended benefits.

(1) Notwithstanding the provisions of subsection (b) of this section, an individual shall be ineligible for payment of extended benefits for any week of unemployment beginning on or after April 1, 1981, if the director finds that during that period:

(A) He failed to accept an offer of suitable work as defined under subsection (a) or failed to apply for any suitable work to which he was referred by the director; or

(B) He failed to actively engage in seeking work as prescribed under subdivision (d) (3).

(2) Any individual who has been found ineligible for extended benefits by reason of the provisions in subdivision (d) (1) shall also be denied benefits beginning with the first day of the week following the week in which that failure occurred and until he has been employed, except in self-employment, in each of 4 subsequent weeks (whether or not consecutive) and has earned remuneration equal to not less than 4 times the extended weekly benefit amount; provided, however, that no individual shall be denied extended benefits for failure to accept an offer of or to apply for any job which meets the definition of suitability as described in subsection (a) if:

(A) The position was not offered to that individual in writing or was not listed with the employment service; or

(B) The failure would not result in a denial of benefits under the definition of suitable work for regular benefit claimants in section 28-44-20 to the extent that the criteria of suitability in that section are not inconsistent with the provisions of subsection (a); or

(C) The individual furnishes satisfactory evidence to the director that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If that evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to that individual shall be made in accordance with the definition of suitable work for regular benefit claimants in section 28-44-20 without regard to the definition specified by subsection (a).

(3) For the purpose of subdivision (d) (1) (B), an individual shall be treated as actively engaged in seeking work during any week if:

(A) The individual has engaged in a systematic and sustained effort to obtain work during that week; and

(B) The individual furnishes tangible evidence that he has engaged in that effort during that week; and

(C) The director shall give written notice of the minimum requirements necessary to satisfy the requirements of this subsection prior to the individual's exhaustion of regular benefits provided under chapters 42 -- 44, inclusive of this title.

(4) Notwithstanding the provisions of subdivision (a) (11) to the contrary, no work shall be deemed to be suitable work for an individual which does not accord with the labor standard provisions required by section 3304 (a) (5) of the internal revenue code of 1954 and set forth herein under section 28-44-20 (a), (b) {DEL , and (c) DEL} .

(e) Cessation of extended benefits when paid under an interstate claim in a state where extended benefit period is not in effect.

(1) Except as provided in subdivision (e) (2), an individual shall not be eligible for extended benefits for any week beginning on or after June 1, 1981, if:

(A) Extended benefits are payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, and

(B) No extended benefit period is in effect for such week in such state.

(2) Subdivision (e) (1) shall not apply with respect to the first 2 weeks for which extended benefits are payable (determined without regard to this subsection) pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended benefit account established for the individual with respect to the benefit year.

(f) The employment service shall refer any claimant entitled to extended benefits under chapters 42 -- 44, inclusive, of this title to any suitable work which meets the criteria prescribed in subsection (a).

(g). Weekly extended benefit amount. -- The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount, including dependents' allowances, payable to him for a week of total unemployment during his benefit year.

(h) Maximum extended benefit amount. -- The maximum extended benefit amount payable to any eligible individual with respect to his benefit year shall be the least of the following amounts, determined on the basis of the specified regular benefit amounts which were payable, or paid, whichever is applicable, to him in his benefit year:

(1) Fifty per cent (50%) of the maximum potential regular benefits (including dependents' allowances) which were payable to him under chapters 42 -- 44, inclusive, of this title, in the benefit year, or

(2) Thirteen (13) times his weekly benefit amount (including dependents' allowances) which was payable to him under chapters 42 -- 44, inclusive, of this title, for a week of total unemployment in the benefit year.

(3) Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this subsection, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.

(i) Beginning and termination of extended benefit period. -- Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of a state "off" indicator, the director shall make an appropriate public announcement.

(j) Extended benefits paid under this section shall not be charged to an employer's account.

SECTION 9. Sections 42-6-2, 42-6-3, and 42-6-14 in Chapter 42-6 entitled "Departments of State Government" are hereby amended to read as follows:

{ADD 42-6-2. Heads of departments. -- ADD} The governor, secretary of state, attorney general and general treasurer, hereinafter called general officers, shall each be in charge of a department. There shall also be a director of administration, a director of social and rehabilitative services, a director of mental health, retardation and hospitals, a director of transportation, a director of business regulation, a director of labor, a director of environmental management, a director of employment security, a director of state library services, a director of economic development, a director for children and their families, a director of elderly affairs, and a director of corrections {DEL ; provided, however, as to the director of the department of corrections this section shall apply on and after January 1985 DEL} . Each director shall hold office at the pleasure of the governor and he or she shall serve until his or her successor is duly appointed and qualified unless the director is removed from office by special order of the governor.

{ADD 42-6-3. Appointment of directors. -- ADD} At the January session in each odd-numbered year, the governor shall appoint a director of administration, a director of social and rehabilitative services, a director of mental health, retardation and hospitals, a director of transportation, a director of business regulation, a director of labor, a director of environmental management, a director of employment security, a director of state library services, a director of economic development, a director for children and their families, a director of elderly affairs, and a director of corrections {DEL ; provided, however, as to the director of the department of corrections, this section shall apply on and after January 1985 DEL} . The governor shall, in all cases of appointment of a director while the senate is in session, notify the senate of his or her appointment and the senate shall, within twelve (12) legislative days after receipt of the notice, act upon the appointment. If the senate shall, within twelve (12) legislative days, vote to disapprove the appointment it shall so notify the governor, who shall forthwith appoint and notify the senate of the appointment of a different person as director and so on in like manner until the senate shall fail to so vote disapproval of the governor's appointment. If the senate shall fail, for twelve (12) legislative days next after notice, to act upon any appointment of which it has been notified by the governor, the person so appointed shall be the director. The governor may withdraw any appointment of which he or she has given notice to the senate, at any time within twelve (12) legislative days thereafter and before action has been taken thereon by the senate.

{ADD 42-6-14. Registration of voters by state agencies and departments. -- ADD} (A) Commencing January 1, 1992, nonpartisan voter registration services shall be provided to qualified electors of this state by every state department or agency which has as one of its functions the taking of applications from members of the general public for services offered or provided by the state of Rhode Island. The registration services shall only be provided at the department or agency's business office during normal hours and days of business by employees whose job duties include the receiving of or assisting with applications for services, licenses or benefits from state government. Such departments and agencies shall include, but not be limited to, the department of labor, the state house library, the division of motor vehicles of the department of transportation and any community based office thereof; provided, however, the department of employment security and other departments, where applicable shall be exempt from the requirements of this section to the extent that a particular benefit or service provided by it is funded, in whole or in part, by the federal government.

In addition, such nonpartisan registration services may be a condition of every state contract with a nonprofit corporation which acts as an agent of the state in receiving or assisting with applications for services, licenses or benefits from state government.

(B) Notice of nonpartisan voter registration services shall be provided by means of large prominently displayed signs. If a person declares that he or she wants to be registered and if he/she is otherwise a qualified elector of this state, the person shall be furnished an application for registration and be permitted to register on the premises.

(C) Within ninety (90) days after January 1, 1992, the director of each state department or agency to which subsection (A) of this section applies, shall submit to the board of elections a sufficient number of names of employees for appointment as registrars. If otherwise qualified, the persons named by the director of the state agency shall be appointed by the board of elections as registrars and persons so appointed shall have all the powers, duties and obligations required of registrars under the law. All persons so appointed to serve as registrars shall be required to attend training seminars during their working hours which shall be conducted by the board of elections.

(D) Nonprofit corporations contracting with the state to provide health and other social services to the public may submit the names of appropriate employees to the board of elections for appointment as registrars. If otherwise qualified by the board of elections, the persons so named shall be appointed registrars by the board of elections and shall have all the powers, duties and obligations required of registrars under the law.

(E) The board of elections shall designate a member of its staff as the state agency voter registration coordinator. The state agency voter registration coordinator shall supervise the state agency voter registration program, develop and distribute information and publicity materials concerning the program and monitor the timely compliance of the provisions of this section. The board of elections shall promulgate rules and regulations as are necessary to implement and administer this section.

(F) There shall be a pilot program established in the department of transportation in the Providence office of the division of motor vehicles for active registration, which shall include a routine inquiry on the agency intake form or an attachment to it which asks if the person receiving services desires to register to vote as a resident of his or her current address. This pilot program shall be for a period of one (1) year and shall be administered by the division of motor vehicles, which may use volunteers for the purpose of implementing this chapter. An advisory board shall be formed to help draft the policy and help recruit volunteers for this program and the division shall report back to the governor and the board with an evaluation of the program at the end of one (1) year.

The advisory board shall consist of seventeen (17) members appointed by the governor which shall include the following as members: the secretary of state or her designee, one (1) member from the division of motor vehicles, one (1) member from the league of women voters, one (1) member of the urban league, one (1) member of the Rhode Island electoral coalition, and one (1) member of common cause. Three (3) members shall be from the general assembly, two (2) members from the house of representatives, no more than one (1) from the majority party with both appointments from the speaker. One (1) shall be appointed from the senate by the majority leader.

{DEL The board shall meet within thirty (30) days of this act becoming law and the pilot program shall commence no later than December 1st, 1989. DEL}

(G) Nothing contained herein shall be construed to prohibit private voter registration activities in the public areas of state departments and agencies.

SECTION 10. Section 42-14-2.4 of the General Laws in Chapter 42-14 entitled "Department of Business Regulation" is hereby repealed in its entirety:

{DEL 42-14-2.4. Moratorium on premiums for medical malpractice insurance. -- DEL} {DEL There shall be no increase for the period from July 1, 1986 to June 30, 1987 in any basic rate insurance premium assessed to any physician, of allopathic or osteopathic medicine, clinic, or professional service corporation providing allopathic or osteopathic medical services organized under chapter 7-5.1 of the general laws or a comparable provision of another state and licensed to do business within this state; provided, however, that this section shall not prohibit the assessment of an increased premium based upon "merit rating" as set forth in section 42-14-2.3. Nothing herein shall be construed to prevent the imposition of any special assessment and/or surcharge as set forth in section 42-14.1-1 (D) and/or (E). DEL}

SECTION 11. Section 42-29-16 of the General Laws in Chapter 42-29 entitled "Sheriffs" is hereby amended to read as follows:

{ADD 42-29-16. Form of judgment for plaintiff on bond. -- ADD} In {DEL such suit DEL} {ADD a suit brought under section 42-29-13 ADD} , if the plaintiff shall recover, judgment shall be rendered in favor of the general treasurer or sheriff, as the case may be, for the use of the person alleged in the writ and declaration to be injured by the breach or breaches assigned, and that person shall be deemed and taken, for all purposes whatsoever, to be the plaintiff in the suit.

SECTION 2. Section 42-55-9 of the General Laws in Chapter 42-55 entitled "Rhode Island Housing and Mortgage Finance Corporation" is hereby amended to read as follows:

{ADD 42-55-9. Terms and conditions of loans. -- ADD} Mortgage and other loans made by the corporation to housing sponsors of multi-family residential housing units or health care facilities shall be subject to the following terms and conditions:

(1) No application for a loan for a housing development or health care facility shall be processed unless the applicant is a housing sponsor or health care facility sponsor as defined in section 42-55-3;

(2) The ratio of loan to total housing development or health care facility cost and the amortization period of loans made under this chapter which are insured by any agency or instrumentality of the United States government shall be governed by the mortgage insurance commitment for each housing development or health care facility; but in no event shall the amortization period exceed fifty (50) years; in the case of a mortgage loan not insured by an agency or instrumentality of the United States government, the amount of the loan to (1) nonprofit housing sponsors shall not exceed one hundred percent (100%) of the total housing development cost as determined by the corporation, and (2) other housing sponsors and health care sponsors shall not exceed ninety-five percent (95%) of the total development cost as determined by the corporation, and the amortization period of the loan shall be determined in accordance with regulations formulated and published by the corporation, but in no event shall the amortization period exceed fifty (50) years;

(3) A loan made hereunder may be prepaid to maturity after a period of years as determined by the rules and regulations of the corporation, provided the corporation finds that the prepayment of the loan will not result in a material escalation of rents charged to the persons and families of low and moderate income occupying the housing development or charges to the persons using the health care facilities;

(4) The corporation shall have authority to set from time to time the interest rates at which it shall make loans and commitments therefor. The interest rates shall be established by the corporation at the lowest level consistent with the corporation's cost of operation and its responsibilities to the holders of its bonds, bond anticipation notes and other obligations. In addition to these interest charges, the corporation may make and collect such fees and charges, including but not limited to reimbursement of the corporation's financing costs, service charges, insurance premiums, and mortgage insurance premiums, as the corporation determined to be reasonable;

(5) In considering any application for a loan to finance a housing development or housing project, the corporation shall determine that such housing developments will be well planned and well designed; and shall also give consideration to:

(a) The comparative need for housing for persons and families of low and moderate income in the area to be served by the proposed development;

(b) The ability of the applicant sponsor to construct, operate, manage, and maintain the proposed housing development;

(c) The existence of zoning or other regulations to adequately protect the proposed housing development against detrimental future uses which could cause undue depreciation in the value of the development;

(d) The existence of federal and state-wide housing, land use, and pollution abatement plans and programs;

(e) A detailed plan of security proposed for the safety of the inhabitants of any development hereinafter constructed within the city of Providence;

(6) In considering any application for a loan to finance health care facilities, the corporation shall give consideration to:

(a) The availability of health care facilities presently located or to locate in the area;

(b) The ability of the sponsor to meet the health needs of the inhabitants of the area and to operate, manage, and maintain the proposed health care facilities;

(c) The regulations of the state to standards of construction and design and equipment of health care facilities of the type proposed to be financed;

(7) Each mortgage loan shall contain such terms and provisions and be in such form as approved by the corporation. The corporation may require the housing sponsor or health care sponsor receiving a loan or its contractor to execute such other assurances and guarantees as the corporation may deem necessary including without limitation, payment and performance bonds, and letters of credit;

(8) Each loan shall be subject to an agreement between the corporation and the housing sponsor which will subject the sponsor and its principals or stockholders if any, to limitations established by the corporation as to rentals and other charges, builders' and developers' profits and fees, and the disposition of its property and franchise to the extent more restrictive limitations are not provided by the law under which the borrower is incorporated or organized or by this chapter;

(9) As a condition of the loan, the corporation shall have the power at all times during the construction or rehabilitation of a housing development or housing project by a housing sponsor or of health care facilities by a health care sponsor and the operation thereof:

(a) To enter upon and inspect any housing development or housing project or health care facility, including all parts thereof, for the purpose of investigating the physical and financial condition thereof, and its construction, rehabilitation, operation, management, and maintenance, and to examine all books and records of the housing sponsor or health care sponsor with respect to capitalization, income and other matters relating thereto and to make such charges as may be required to cover the cost of such inspections and examinations;

(b) To order such alterations, changes or repairs as may be necessary to protect the security of its investment in a housing development, housing project, or health care facility or the health, safety, and welfare of the occupants or users thereof and to insure that the housing development or health care facility is or has been constructed or rehabilitated in conformity with all applicable federal, state, and local building codes;

(c) To order any managing agent, housing development or health care facility manager, or owner of a housing development or health care facility, or sponsors thereof, to do such acts as may be necessary to comply with the provisions of all applicable laws, ordinances, or building codes or any rule or regulation of the corporation or the terms of any agreement concerning the development or facilities or to refrain from doing any acts in violation thereof and in this regard the corporation shall be a proper party to file a complaint and to prosecute thereon for any violations of law, ordinances, or building codes as set forth herein;

(d) A housing sponsor may not make distributions of income or earnings from a housing development or housing project financed by the corporation in any one (1) year in excess of six percent (6%) (or such higher or lower percent as shall be prescribed by rules and regulations of the corporation) of the housing sponsor's equity in the development nor shall any of the principals or stockholders of the housing sponsor at any time earn, accept or receive a return greater than six percent (6%) per annum (or such higher or lower percent as shall be prescribed by rules and regulations of the corporation) of his or her investment in any housing development financed by the corporation. The sponsor's equity in a housing development shall consist of the difference between the corporation assisted mortgage loan and the total housing development cost. With respect to every housing development assisted by the provisions of the chapter the corporation shall, pursuant to regulations adopted by it, establish the sponsor's equity at the time of the making of the final mortgage advance and, for purposes of this subdivision, that figure shall remain constant during the life of the corporation's mortgage on the development;

Notwithstanding the above, the corporation shall allow existing project owners to withdraw a rate of return on redefined equity provided the corporation finds that the project is "stable and financially secure." Properties meeting such definition would have healthy finances and reserves and, be in good condition, as determined by the corporation ; provided, however no project owner of a housing development financed by the corporation may apply for such redefinition until fifteen (15) years from the date of such financing. In addition, the following requirements must occur:

(1) There is no deferred maintenance as determined by the corporation.

(2) There are no major repairs or replacements (three thousand dollars ($3,000) or more) anticipated or required for the coming year which would reduce the reserve accounts below required levels.

(3) All operating expenses have been paid in within thirty (30) days of their due date.

(4) Operating account balance equals one (1) month's total operating expenses.

(5) The development has sustained ninety-five percent (95%) or greater economic occupancy for the prior twenty-four (24) consecutive months and has a current waiting list equal to at least one and one-half (1 1/2) times the annual turnover for the two (2) preceding years.

(6) The mortgage has not been delinquent for the preceding twenty-four (24) months.

(7) Reasonable reserve account balances.

(8) The owner agrees to limit future rent increases to the amount needed to pay all annual operating expenses including return on equity and maintaining reserves at five thousand dollars ($5,000) per unit or twenty percent (20%) of the outstanding mortgage.

(9) The owner agrees to maintain the housing affordable to persons of low and moderate income for:

(i) a minimum of twenty (20) years from the date that owner could prepay a mortgage securing a development, as that term is defined in section {DEL 34-35-4 DEL} {ADD 34-45-4 ADD} , or could elect not to renew a section 8 assistance contract {ADD under section 34-45-5 ADD} or

(ii) twenty (20) years from the maturity date of a note evidencing indebtedness to the corporation which is secured by a housing development.

Not-for-profit sponsors shall be eligible to receive unlimited annual cash flow, subject to the above criteria, up to the cumulative amount of their initial equity investment. Subsequent annual cash flow may be distributed provided such distributions are restricted to low and moderate income housing related expenditures.

Equity would be redefined by either capitalizing the annual cash flow using corporation-approved appraisal practices. or by the difference between the fair market value of the housing project using corporation approved appraisal practices less the unpaid principal balance of any outstanding mortgage loans, whichever is greater.

Equity would be subject to recalculation every five (5) years, or more frequently at the corporation's discretion.

The corporation shall receive a one (1) time fee equal to one-half percent (1/2%) of the outstanding mortgage for redefining equity. This will be an eligible operating expense. The fee may be waived by the corporation in whole or in part.

(e) Whenever any housing sponsor accumulates earned surplus, in addition to such reserves as the corporation may require for maintenance, operation, and replacement, in excess of ten percent (10%) of the initial annual rent roll for the housing development, rents in the housing development shall be reduced to the extent necessary to lower the earned surplus accumulation to that ten percent (10%) figure in the following fiscal year. Every five (5) years the housing sponsor may seek the approval of the corporation for increases in those reserves. To the extent warranted the corporation may grant that approval if in its judgment there have been increased price levels or unusual maintenance and repayment requirements.

(f) The corporation may provide by rules and regulations for the terms and conditions of mortgage loans to housing sponsors of single family residential housing units or health care facilities and the supervision of housing sponsors or health care sponsors.

SECTION 13. Chapter 42-59 of the General Laws entitled "Commission on Foster Child Placement" is hereby repealed in its entirety:

{DEL 42-59-1. Commission created -- Composition. -- DEL} {DEL There is hereby created a commission on foster child placement to consist of nineteen (19) members: four (4) of whom shall be from the house of representatives, not more than three (3) from the same political party to be appointed by the speaker; four (4) of whom shall be from the senate, not more than three (3) from the same political party to be appointed by the lieutenant-governor; three (3) of whom shall be foster parents to be appointed by the lieutenant-governor; one of whom shall be the state director of human services or his or her designee; one of whom shall be the state administrator of child welfare services or his or her designee; one of whom shall be the director of child health services or his or her designee; one of whom shall be the chief justice of the Rhode Island family court or his designee; one of whom shall be the senior social worker for pediatric services at the Rhode Island hospital; one member of the Rhode Island chapter American academy of pediatrics; one of whom shall be the director of welfare services at Roger Williams Hospital and one of whom shall be a member of the clergy to be appointed by the lieutenant-governor. DEL}

{DEL 42-59-2. Purpose. -- DEL} {DEL The purpose of the commission on foster child placement is to evaluate and recommend changes in the system within the state. DEL}

{DEL 42-59-3. Selection of officers -- Vacancies. -- DEL} {DEL Forthwith upon the passage of this chapter, the members of the commission shall meet at the call of the speaker of the house and organize and shall select from among themselves a chairman. Vacancies in the commission shall be filled in like manner as the original appointment. DEL}

{DEL 42-59-4. Compensation of members -- Clerical assistance -- Cooperation of departments -- Quarters. -- DEL} {DEL (a) The membership of the commission shall receive no compensation for their services, but shall be allowed their travel and necessary expenses. The commission may engage such clerical, technical, and other assistance as it may deem necessary, and spend such other funds as is necessary to accomplish its purpose.

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

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

{DEL 42-59-5. Subpoena power. -- DEL} {DEL (a) The commission is hereby specifically authorized to require the attendance of witnesses by subpoena or otherwise; to require the production of books, papers, and documents.

(b) The commission is hereby authorized and empowered to summon witnesses and issue subpoenas in substantially the following form:

Sc. To ................ of ................ greeting:

You are hereby required, in the name of the state of Rhode Island and Providence Plantations, to make your appearance before the commission on ................. In the ................ city of ................ on the ................ day of ................ to give evidence of what you know relative to a matter upon investigation by the commission on ................ and produce and then and there have and give the following:

Hereof fail not, as you will answer to default under the penalty of the law in that behalf made and provided.

Dated at ................ the ................ day of ................ in the year ..... DEL}

{DEL 42-59-6. Report time. -- DEL} {DEL The commission shall report its findings and recommendations to the general assembly on or before March 31, 1975. DEL}

SECTION 14. Chapter 42-84.1 of the General Laws entitled "Paperwork Reduction" is hereby repealed in its entirety:

{DEL 42-84.1-1. Legislative findings. -- DEL} {DEL The general assembly finds that the forms generated by state government, in their increasing number, length and complexity, impose a substantial burden upon those who must fill out such forms, particularly small businesses; that the elimination of unnecessary forms and the simplification of necessary ones would reduce paperwork, increase efficiency, effect productivity improvements, reduce the cost to individuals and businesses of taking the time to complete various forms, and reduce the cost to the state of procuring, printing, storing, using, and distributing forms; and that detailed information concerning the paperwork burden currently imposed by the state is needed to enable state government to take such legislative, executive and administrative actions as are necessary to implement the goals and policies of paperwork reduction. DEL}

{DEL 42-84.1-2. Definitions. -- DEL} {DEL For the purposes of this chapter, the following words and terms shall have the following meanings unless the context clearly requires otherwise:

(a) "Auditor general" means the auditor general appointed by the joint committee on legislative affairs pursuant to section 22-13-1(a) of the general laws.

(b) "Form" means a printed document providing entry space for variable information.

(c) "Form burden" is the product of the number of hours required to fill out a particular form times the number of persons required to fill out that form.

(d) "Form burden of the agency" means the total form burden per fiscal year for all the forms generated by a state agency.

(e) "Person" means and includes a natural person, partnership, corporation, or political subdivision.

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

(g) "State agency" means a separate agency or unit of state government created or established by law and includes, but is not limited to, the following and the officers thereof: authority, board, branch, bureau, commission, council, department, division, institution, office, officer, or corporation. DEL}

{DEL 42-84.1-3. Reports required. -- DEL} {DEL On or before December 31, 1985, each state agency shall report to the auditor general the following information for the fiscal year ending June 30, 1985:

(a) A list of all forms generated by the agency, together with a concise statement of the purpose of each form;

(b) The estimated average number of hours required to fill out each form;

(c) The number of persons required to fill out each form;

(d) The form burden for each form; and

(e) The form burden of the agency. DEL}

{DEL 42-84.1-4. Recommendations of the auditor general. -- DEL} {DEL (a) On or before December 31, 1986, the auditor general shall recommend to each state agency methods and means by which it can reduce its form burden through administrative action.

(b) On or before December 31, 1986, the auditor general shall submit a report on paperwork reduction to the governor, the lieutenant governor, the speaker of the house and the majority leader of the senate. The report shall include:

(1) A copy of the auditor general's recommendations to each state agency;

(2) The auditor general's assessment of the effectiveness of the forms management center established by section 42-84-3 of the general laws in carrying out the duties specified in section 42-84-4 of the general laws; and

(3) The auditor general's recommendations for such legislation and/or executive orders as are necessary or desirable to reduce the form burden of state agencies and to otherwise implement the goals and policies of paperwork reduction. The recommendations shall include the auditor general's recommendation as to whether the activities of the forms management center should be expanded, modified, or transferred. DEL}

(a) To minimize the burden of state imposed paperwork on individuals, small businesses, political subdivisions, and other persons;

(b) To minimize the cost to the state of collecting, maintaining, using and disseminating information;

(c) To maximize the usefulness of information collected by state agencies;

(d) To develop and implement uniform and consistent information management policies, principles, standards and guidelines;

(e) To ensure that the collection of information by each state agency is limited to that which is necessary for the proper performance of that agency's functions;

(f) To minimize duplicative information collection by political subdivisions, state agencies, and the federal government;

(g) To provide, to the fullest practical extent, that information collection requirements affecting small businesses are tiered to accommodate the relatively limited compliance capacity of small businesses; and

(h) To develop and implement a forms management program that will ensure that forms are properly analyzed, designed or redesigned, standardized and simplified. DEL}

SECTION 15. Section 42-98-7 of the General Laws in Chapter 42-98 entitled "Energy Facility Siting Act" is hereby amended to read as follows:

{ADD 42-98-7. Powers and duties. -- ADD} (A)(1) The siting board shall be the licensing and permitting authority for all licenses, permits, assents or variances which, under any statute of the state or ordinance of any political subdivision of the state, would be required for siting, construction or alteration of a major energy facility in the state of Rhode Island.

(2) Any agency, board, council, or commission of the state or political subdivision of the state which, absent this chapter, would be required to issue a permit, license, assent or variance in order for the siting, construction or alteration of a major energy facility to proceed, shall sit and function at the direction of the siting board. These agencies shall follow the procedures established by statute, ordinance, and/or regulation provided for determining the permit, license, assent, or variance, but, instead of issuing the permit, license, assent, or variance, shall forward its findings from the proceeding, together with the record supporting the findings and a recommendation for final action, to the siting board.

(3) Notwithstanding any provision in this chapter to the contrary, in those instances in which the department of environmental management exercises a permitting or licensing function under the delegated authority of federal law, including, but not limited to the Federal Clean Water Act (33 USC section 1251 et seq.), the Resource Conservation and Recovery Act (42 USC section 6901 et seq.), the Clean Air Act (42 USC section 7401 et seq.), and those state laws and regulations which implement those federal laws, the department of environmental management shall be the licensing and permitting authority. Moreover, the authority to issue licenses and permits delegated to the department of environmental management pursuant to chapter 1 of title 2 and the the coastal resources management council pursuant to chapter 23 of title 46 shall remain with those agencies, but in all other respects the department of environmental management and the coastal resources management council shall follow the procedures set forth in this chapter.

(B) The siting board shall be authorized and empowered to summon and examine witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates and other legal evidence that may be necessary for the determination of its jurisdiction and decision of any question before or the discharge of any duty required by law of the board.

(C) The siting board shall be empowered to issue any orders, rules, or regulations as may be required to effectuate the purposes of this chapter. {DEL Within ninety (90) days following the passage of this chapter the board shall promulgate rules and regulations governing the form and required contents of all applications to be submitted for licensure under this chapter, and governing the procedures to be followed by the board and all other agencies of the state and of political subdivisions thereof, in acting upon an application. DEL}

(D) The siting board shall, by regulation, determine the standards for intervention.

(E) The siting board's proceedings shall in all respects comply with the requirements of the Administrative Procedures Act, chapter 35 of title 42, except where otherwise explicitly provided.

SECTION 16. Section 42-109-5 of the General Laws in Chapter 42-109 entitled "The Omnibus Substance Abuse Prevention Act" is hereby repealed in its entirety:

{DEL 42-109-5. Timetable for grant applications and disbursement. -- DEL} {DEL Immediately after [July 1, 1990] but in no event later than September 1, 1990, the division of substance abuse of the department of mental health, retardation and hospitals, in cooperation with the permanent legislative oversight commission on substance abuse prevention shall establish guidelines and criteria for the acceptance of grant applications and the award of a grant for the study. Grant applications shall be accepted and the grant shall be disbursed as soon as is practical following the establishment of the guidelines and criteria. DEL}

SECTION 17. Section 42-113-5 of the General Laws in Chapter 42-113 entitled "Rhode Island Housing and Conservation Trust Land Act" is hereby amended to read as follows:

{ADD 42-113-5. Creation of Rhode Island housing and conservation trust fund. -- ADD} (a) There is created a special account in the state general fund to be known as the "Rhode Island housing and conservation trust fund." The fund shall be administered by the board and expenditures therefrom shall be made only to implement and effectuate the policies and purposes of this chapter.

{DEL (b) Upon passage of this act, a study commission shall be established whose responsibility it will be to determine appropriate sources of permanent funding, both public and private, as well as special appropriations, and to determine levels of funding to ensure that the purposes of this act can be achieved.

The commission shall be known as the Housing and Conservation Trust Fund Study Commission and its membership shall consist of thirteen (13) members, four (4) of whom shall be nonvoting ex-officio members to include: the tax administrator or designee, the director of the department of environmental management or designee, the director of the governor's office of intergovernmental affairs or designee, and the executive director of the Rhode Island housing and mortgage finance corporation or designee. The nine (9) voting members shall include: one (1) member of the house of representatives appointed by the speaker of the house, one (1) member of the senate appointed by the senate majority leader, one (1) representative of the realtor's association appointed by the governor, one (1) member of the builder's association appointed by the governor, one (1) member of an environmental organization appointed by the speaker of the house, one (1) member of an affordable housing organization appointed by the speaker of the house, one (1) member who shall be a family farmer appointed by the senate majority leader, the executive director of the Rhode Island Public Expenditures Council or designee, and the executive director of the league of cities and towns or designee.

All appointments to the commission shall be completed no later than September 15, 1990.

The members of the commission shall meet at the call of the speaker of the house and organize and shall elect a chairperson. Vacancies in the commission shall be filled in like manner as the original appointment. The membership of said commission shall receive no compensation for their services.

All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to the commission and its agents as is deemed necessary to facilitate the commission's purpose.

The speaker of the house is authorized and directed to provide suitable quarters for the commission. The commission shall report its findings by February 15, 1991 and shall expire on May 15, 1991. DEL}

(c) Unexpended balances and any earnings shall not revert to the general fund but shall remain in the fund for use in accord with the purposes of this chapter.

(d) The members of the board and the executive director shall not be appointed until after a funding mechanism has been established pursuant to this act.

SECTION 18. This section and sections 4 through 17, inclusive shall take effect upon passage; and shall be applied retroactively to July 28, 1993 and sections 1, 2 and 3 of this act shall take effect retroactively to December 31, 1993.