It is enacted by the General Assembly as follows:

SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this act, the following general revenue amounts are hereby appropriated out of any money in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 1997. The amounts identified for federal funds and restricted receipts shall be made available pursuant to section 42-41 and 34-4-22 of the Rhode Island General Laws. For the purposes and functions hereinafter mentioned, and the state controller is hereby authorized and directed to draw his orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by her of properly authenticated vouchers.

SECTION 2. Money in the treasury as referred to and as appropriated as general revenues in Section 1 of this Article is defined to be the aggregate of estimated general revenue, general revenue receivables, other financing sources and available free surplus in the general fund, in the aggregate amount of $1,734,319,571.

SECTION 3. From the appropriation for contingency shall be paid such sums as may be required for the several departments and agencies where appropriations are insufficient, or where such requirements are due to unforeseen conditions or are non-recurring items of an unusual nature. Said appropriations may also be used for the payment of bills incurred due to emergencies or to any offense against public peace and property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as amended. All expenditures and transfers from this account shall be approved by the Director of Administration and the Governor.

SECTION 4. Section 35-3-18 of the General Laws in Chapter 35-3 entitled "State Budget" is hereby repealed in its entirety.

SECTION 5. Upon the transfer of any function of a department or agency to another department or agency, the governor is hereby authorized by means of executive order to transfer or reallocate, in whole or in part, the appropriations and the full time equivalent limits affected thereby.

SECTION 6. The reimbursement of any state department or agency for the cost of work or services performed for any other department or agency is hereby authorized, subject to regulations promulgated by the director of administration.

SECTION 7. The General Assembly may provide a written "statement of legislative intent" signed by the chairperson of the House Finance Committee and by the chairperson of the Senate Finance Committee to show the intended purpose of the appropriations contained in section 1 of this article. The statement of legislative intent shall be kept on file in the House Finance Committee and in the Senate Finance Committee.

At least twenty (20) days prior to the issuance of a grant or the release of funds, which grant or funds are listed on the legislative letter of intent, all department, agency and corporation directors, shall notify in writing the chairperson of the House Finance Committee and the chairperson of the Senate Finance Committee of the approximate date when the funds are to be released or granted.

SECTION 8. Appropriation for Temporary Disability Insurance Administration - There is hereby appropriated pursuant to Sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 1997.

SECTION 9. Appropriation of Unemployment Insurance and Training Funds. There is hereby appropriated pursuant to Section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 1997.

SECTION 10. Appropriation of University and College Funds - There is hereby appropriated pursuant to Section 16-59-9 of the Rhode Island General Laws relating to the appropriation of funds by the General Assembly for higher education, and section 16-59-18 of the General Laws relating to receipts from sources other than appropriations, any funds received by the Board of Governors of Higher Education for the fiscal year ending June 30, 1997 payable out of the University and College Funds.

SECTION 11. Appropriation of Higher Education Assistance Authority Loan Program Funds - There is hereby appropriated pursuant to Section 16-57-13 of the Rhode Island General Laws relating to the appropriation of funds by the General Assembly for the Rhode Island Higher Education Assistance Authority, and Section 16-57-8 of the General Laws relating to receipts from other sources other than appropriations, any funds received by the Rhode Island Higher Education Assistance Authority for the fiscal year ending June 30, 1997 payable out of the Higher Education Assistance Authority Loan Program. On the order of the director of administration, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

SECTION 12. Appropriation of Rhode Island Telecommunications Authority Funds - There is hereby appropriated pursuant to Section 16-61-3 of the Rhode Island General Laws relating to the appropriation of funds by the General Assembly for educational television, and section 16-61-6 of the General Laws relating to receipts from sources other than appropriations, any funds received by the Rhode Island Public Telecommunications authority for the fiscal year ending June 30, 1997 payable out of the Rhode Island Public Telecommunications Authority Fund. On the order of the director of administration, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

SECTION 13. Nothwithstanding section 31-36-20 of the R.I. General Laws, the State Controller is hereby authorized to transfer from the Dept. of Elderly Affairs portion of gas tax receipts the sum of one hundred thousand dollars ($100,000) to the state general fund on both December 15, 1996 and June 15, 1997.

SECTION 14. Notwithstanding section 31-36-20 of the Rhode Island general laws, the state controller is hereby authorized to transfer from the department of transportation portion of the gas tax receipts the sum of two million dollars ($2,000,000) to the state general fund on June 30, 1997.

SECTION 15. Departments and agencies listed below may not exceed the number of full time equivalent (FTE) positions shown below in any pay period. Full time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period.

Provided, however, that the Director of Administration may, upon the recommendation of the State Budget Officer, authorize an adjustment to any limitation. Within ten (10) business days of receipt of an adjusted request by the Budget Office, the Director of Administration shall act on the recommendation of the Budget Office for such adjustment or else the request shall be considered granted. A copy of the recommendation and authorization to adjust shall be transmitted to the Chairman of the Senate Finance Committee, the Chairman of the House Finance Committee, the Senate Fiscal Advisor and the House Fiscal Advisor.

Provided further that the total full time equivalent positions during the last full pay period in June 1997 shall not exceed 15,375.4

SECTION 16. Section 35-3-24.1 of the General Laws in Chapter 35-3 entitled "State Budget" is hereby amended to read as follows:

35-3-24.1. Program performance measurement. -- (a) The governor should recommend to the general assembly methods for measuring the performance of state programs. For purposes of this section, "program" would mean a program whose objective(s) are described in the program supplement for the governor's budget. These performance measures should be stated in terms of results rather than effort and be quantifiable whenever possible and shall include, but not be limited to efforts at achieving equal opportunity hiring goals as defined in the department's annual affirmative action plan. To the extent possible, the results should be contained in and made a part of the program supplement for the governor's FY 1995 budget. {ADD(a) Beginning with the fiscal year ending June 30, 1997, the governor shall submit, as part of each budget submitted to the general assembly pursuant to section 35-3-7 of the general laws, performance objectives for each program in the budget for the ensuing fiscal year, estimated performance data for the fiscal year in which the budget is submitted and actual performance data for the preceding two completed fiscal years. Performance data shall include efforts at achieving equal opportunity hiring goals as defined in the department's annual affirmative action plan. The governor shall, in addition, recommend appropriate standards against which to measure program performance. Performance in prior years may be used as a standard where appropriate. These performance standards shall be stated in terms of results obtained

(b) The governor may submit, in lieu of any part of the information required to be submitted pursuant to subsection (a) an explanation of why such information cannot, as a practical matter be submitted. ADD}

SECTION 17. Section 35-1-5 of the General Laws in Chapter 35-1 entitled "Fiscal Functions of Department of Administration" is hereby amended to read as follows:

35-1-5. Quarterly financial reporting. -- The Director of Administration shall direct the State Controller to prepare and report quarterly financial statements regarding the financial condition of the state, including actual revenue collections compared to the estimates upon which the budget was based, and actual departmental expenditures and encumbrances compared to appropriations. Furthermore, the Director shall direct the state budget officer to project on a quarterly basis the anticipated year end balance assuming current trends continue and that typical cyclical expenditure patterns prevail over the course of the year. A consolidated quarterly report incorporating the current status and projection shall be released to the public{ADD, with copies provided to the chairperson of the House Finance Committee, chairperson of the Senate Finance Committee, House Fiscal Advisor and Senate Fiscal Advisor, ADD} within forty-five (45) calendar days of the end of each quarter.

SECTION 18. The Rhode Island Student Loan Authority shall transfer the sum of five hundred thousand dollars ($500,000) on August 1, 1996 and the sum of five hundred thousand dollars ($500,000) on February 1, 1997, to the Rhode Island Higher Education Assistance Authority RISLA Transfer Fund. The Rhode Island Higher Education Assistance Authority shall utilize the fund solely for the purpose of scholarships and grants under the Postsecondary Student Financial Assistance Act contained in chapter 56 of title 16 of the Rhode Island General Laws and for no other purpose.

SECTION 19. Each line appearing in Section 1 of this Article shall constitute an appropriation.

SECTION 20. This article shall take effect July 1, 1996.

SECTION 1. Included in the amounts appropriated within section 1 of article 1 of this act is one million eight hundred seven thousand ten dollars ($1,807,010) allocable to the payment of debt service on bonds of the Rhode Island Refunding Bond Authority issued pursuant to Chapter 35-8.1 of the general laws.

SECTION 2. Certain bond proceeds of the Rhode Island Refunding Bond Authority were used by the state to refund bonds issued pursuant to chapter 46-25 for the Narragansett Bay Water Quality Management District Commission. To the extent that funds of said commission are not sufficient to pay debt service of twenty seven thousand four hundred sixty five dollars ($27,465) on the bonds of the Rhode Island Refunding Bond Authority coming due during the fiscal year ending June 30, 1997, and allocable to the said commission, there is hereby appropriated out of any money in the treasury not otherwise appropriated an amount sufficient for payment of said debt service.

SECTION 3. This article shall take effect July 1, 1996

SECTION 1. Section 44-19-40 of the General Laws in Chapter 44-19 entitled "Sales and Use Tax -- Enforcement and Collection" is hereby amended to read as follows:

44-19-40. Disposition of revenue. -- (A) Notwithstanding any other provisions of law to the contrary, all monies received by the tax administrator under the provisions of chapters 18 and 19 of title 44 shall be paid over to the general treasurer; provided however that for the fiscal year commencing July 1, 1995 {ADD 1996 ADD}, six-tenths of one percent (0.6%) within the existing sales and use tax rates established in section 44-18-18 and 44-18-20 exclusive of any receipts resulting from any expansion of the coverage of the sales and use taxes through legislation enacted subsequent to February 1, 1993 is hereby appropriated to the Rhode Island depositors economic protection corporation special revenue fund within the Rhode Island depositors economic protection corporation established pursuant to section 42-116-31 of the general laws for the purposes specified in chapter 116 of title 42. In clarification of the intent of the legislature, six-tenths of one percent (0.6%) within the existing sales and use tax rates established in chapter 18 of title 44 exclusive of any receipts resulting from any expansion of the coverage of the sales and use taxes through legislation enacted subsequent to February 1, 1993 will be dedicated to the special revenue fund created by section 42-116-31 of the general laws subject to the making of an annual appropriation by the general assembly of such sales and use tax receipts. Provided further, that the net taxes received and/or refunded through and including July 31, 1995 {ADD 1996 ADD} shall be deemed to be for the periods ending prior to July 1, 1995 {ADD 1996 ADD} and net taxes received and/or refunded on or after August 1, 1995 {ADD 1996 ADD} shall be deemed to be for periods ending on July 1, 1995 {ADD 1996 ADD} and thereafter. The state controller shall establish an escrow account within the general fund to be known as the "depositor's protection account."

(B) The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the transfer of such sum or such portion thereof from the depositor's protection account to the special revenue fund. Such transfers shall be made at the end of each calendar month.

SECTION 2. To the extent that moneys appropriated by section 44-19-40 of the general laws are not sufficient to pay the principal and interest becoming due on any special obligation bonds secured by the special revenue fund established pursuant to section 42-116-31 of the general laws during the fiscal year commencing July 1, 1995 {ADD 1996 ADD} or the amount required to be deposited into any debt service fund for such purposes, there is hereby appropriated to the special revenue fund an amount sufficient for the payment of principal and interest becoming due on any special obligation bonds secured by the special revenue fund in the fiscal year commencing July 1, 1995 {ADD 1996 ADD} or the amount required to be deposited into any debt service fund for such purposes.

SECTION 3. Section 42-116-31 of the General Laws in chapter 42-116 entitled "Rhode Island Depositors Protection Corporation" is hereby amended to read as follows:

42-116-31. Special revenue fund. -- (a) There is hereby created a special revenue fund. Commencing July 1, 1991, one-half of one percent (0.5%), and an additional one-tenth of one percent (0.1%) as of February 1, 1992, for a total of six-tenths (0.6%) of one percent as of February 1, 1992 which is hereby appropriated for the fiscal year ending June 30, 1992, within the existing sales and use tax rate established in sections 44-18-18 and 44-18-20 will be dedicated to the special revenue fund; provided the six tenths of one percent (0.6%) dedicated to the special revenue fund shall not apply to any receipts resulting from any expansion of the coverage of the sales and use taxes through legislation enacted subsequent to February 1, 1992.

(b) For purposes of this section, the revenue estimating conference, in consultation with the tax administrator, shall determine conclusively and annually no later than June 1 of each year for the succeeding fiscal year the amount of receipts to result from the expansion of the coverage of the sales and use taxes. The proceeds for the fund shall be utilized to pay the debt service of the corporation and otherwise effectuate the purposes of the corporation{DEL. {ADD, including, without limitation, the payment of operating expenses. The portion of the fund not required in the fiscal year, commencing on July 1, 1995, (but not to exceed $14,500,000) in the fiscal year commencing on July 1, 1996 (but not to exceed $15,800,000) to effectuate the purposes of the corporation, to pay principal and interest becoming due on any special obligation bonds secured by the special revenue fund or to be deposited into any debt service fund or other fund established in connection with the issuance of any special obligation bonds for such purposes shall be returned to the state. Any such funds returned to the state shall be recorded on an accrual basis. The portion of the fund not required in any fiscal year commencing on or after July 1, 1997, to effectuate the purposes of the corporation, to pay principal and interest becoming due on any special obligation bonds secured by the special revenue fund or to be deposited into any debt service fund or other fund established in connection with the issuance of any special obligation bonds for such purposes shall be used to pay the loan obligations or bond indebtedness of the corporation.ADD} It is the intent of the general assembly to appropriate, from time to time, amounts to the special revenue fund not less in any fiscal year than the amount of the principal and interest becoming due on any special obligation bonds secured by the special revenue fund in such fiscal year or the amount required to be deposited into any debt service fund {ADD or other fund established in connection with the issuance of any special obligation bonds ADD} for such purposes.

SECTION 4. Notwithstanding the provisions of any general or special law to the contrary, general revenues received in excess of the estimated general revenues as set forth in Article 1 of the Annual Appropriation Act for fiscal year 1996-1997, net of the amounts transferred to the State Budget Reserve and Cash Stabilization Account, shall be transferred to the Rhode Island Depositors Economic Protection Corporation special revenue fund.

SECTION 5. This article shall take effect upon passage and shall be retroactive to June 30, 1996.

SECTION 1. Section 35-7-4 of the General Laws in Chapter 35-7 entitled "Post Audit of Accounts" is hereby amended to read as follows:

35-7-4. Periodic audits by department of administration. -- The books of accounts of all state departments and agencies shall be examined by the director of administration or his or her authorized agent or agents, from time to time as the director may deem expedient or necessary; provided, however, that the books of accounts shall be examined at least once in every two years.

SECTION 2. This article shall take effect upon passage.

SECTION 1. Proposition to be submitted to the people. -- At the general election to be held on the Tuesday next after the first Monday in November, 1996, there shall be submitted to the people for their approval or rejection the following proposition:

"Shall the action of the general assembly, by an act passed at the January session, 1996, authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the capital projects and in the amount with respect to each such project listed below be approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the provisions of said act?"

Project

Approval of this question will authorize the State of Rhode Island to issue its general obligation bonds, refunding bonds and temporary notes for transportation purposes to be allocated as follows:

Provides funds for the development and improvement of non-interstate highways and primary, secondary and urban systems; reconstruction, resurfacing and rehabilitation of interstate systems; bridge repair, and state transportation facilities.

Provides state match funds for the replacement of buses for the Rhode Island Public Transit Authority.

Provides state match funds for the noise mitigation project at T.F. Green Airport.

Provides funds for an infrastructure upgrade of telecommunications system for the University of Rhode Island, Rhode Island College, and Community College of Rhode Island.

Approval of this question will authorize the State of Rhode Island to issue its general obligation bonds, refunding bonds and temporary notes for higher education purposes to be allocated as follows:

Provides funds for a major rehabilitation of Ballentine Hall at the University of Rhode Island, to include rehabilitation of the buildings' envelope, and HVAC, renovations to the roof and interior spaces and asbestos abatement.

Provides funds for a major rehabilitation of Green Hall at the University of Rhode Island, to include full rehabilitation of the building's envelope; HVAC, electrical and plumbing systems; and the interior spaces.

Provides funds for the renovation of Ranger Hall at the University of Rhode Island, to include repairs and renovations to the roof, HVAC system, and laboratory and office space.

Provides funds for the construction and equipping of a Performing Arts Building at Rhode Island College.

Provides funds for the expansion of the Knight Campus Megastructure by adding approximately 85,000 square feet of space to the existing facility.

Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds and temporary notes for Quonset Point/Davisville development purposes to be allocated as follows:

Provides funds for the construction of a third track or a portion thereof on the Northeast Corridor for freight and passenger service and freight rail improvements at the Quonset Point/Davisville Park.

Provides funds for road and utility infrastructure, building demolition, site preparation and port infrastructure projects at Quonset Point/Davisville Park.

Provides funds for the purchase of land to protect the state of Rhode Island's natural and recreational resources, and for the purchase of development rights by the Agricultural Land Preservation Commission to preserve farmland throughout the state.

Provides funds to the Rhode Island Economic Development Corporation to be used to establish and administer a revolving loan program in connection with environmental remediation.

The Rhode Island Economic Development Corporation will use the revolving loan program, in accordance with the Corporation's purposes, to provide loans to facilitate the investigation and response and remedial actions associated with sites as that term is used in the Industrial Property Remediation and Reuse Act, R.I. General Laws Section 23-19.14, commonly known as the "Brownfields Act."

Provides funds for the repairs and renovations of state owned facilities and the acquisition of specialized equipment and renovations at state owned facilities to assure individuals with disabilities accessibility to services and employment opportunities.

SECTION 2. Proposition to be submitted to the people. -- The authorization to submit the following proposition to the people at the general election to be held on the Tuesday next after the first Monday in November, 1996, which was enacted by Chapter 70 of the Rhode Island Public Laws of 1994 and shown below is hereby repealed:

"Shall the action of the general assembly, by an act passed at the January session, 1994, authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the capital projects and in the amount with respect to each such project listed below be approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the provisions of said act?"

Project_______________________________________________________________ Transportation____________________________________ $15,000,000
Provide maximum state match funds for the design, and construction of the Rhode Island portion of a third freight rail track from Davisville to the Boston switch connection.

SECTION 3. Ballot labels and applicability of general election laws.-- The secretary of state shall prepare and turn over to the state board of elections ballot labels for each of the projects (hereinafter sometimes referred to as "each such project", as "any such project" or as "such projects") listed in the propositions provided for in section 1 hereof with the words "approve" or "reject" next to each such project so that each voter may indicate his approval or rejection of each such project. The general election laws, so far as consistent herewith, shall apply to voting on the propositions authorized for in section 1 hereof.

SECTION 4. Approval of projects by people. -- If a majority of the people voting on the propositions provided for in section 1 hereof shall vote to approve said proposition as to any such project, said proposition shall be deemed to be approved as to each such project so approved by the people. The authority to issue bonds, refunding bonds and notes of the state shall be limited to the aggregate amount for all such projects as set forth in the propositions provided for in section 1 hereof which have been approved by the people.

SECTION 5. Bonds for capital development program. -- The general treasurer is hereby authorized and empowered with the approval of the governor and in accordance with the provisions of this act, to issue from time to time bonds (hereinafter sometimes referred to as "such capital development bonds")in serial form in the name and behalf of the state in such amounts as may be specified from time to time by the governor in an aggregate principal amount not to exceed the total amount for all such projects as have been approved by the people to be designated as "capital development loan of 1996 bonds" provided, however, that the aggregate principal amount of such capital development bonds and of any temporary notes outstanding at any one time issued in anticipation thereof pursuant to section 8 hereof shall not exceed the total amount for all such projects as have been approved by the people. All provisions in this act relating to "bonds" shall also be deemed to apply to "refunding bonds".

Such capital development bonds shall be in denominations of one thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the United States which at the time of payment shall be legal tender for public and private debts. Such capital development bonds shall bear such date or dates, mature at such time or times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in which they are respectively issued, bear interest payable semi-annually at such rate or different or varying rates, be payable at such time or times at such place or places, be subject to such terms of redemption or recall, with or without premium, be in such form, with or without interest coupons attached, carry such registration, conversion, reconversion, transfer, debt retirement, acceleration and other provisions as may be fixed by the general treasurer, with the approval of the governor, upon each issue of such capital development bonds at the time of each issue. Whenever the governor shall approve the issuance of such capital development bonds, he or she shall certify such approval to the secretary of state; such bonds shall be signed by the general treasurer and countersigned by the manual or facsimile signature of the secretary of state and shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be endorsed on each bond so approved with a facsimile of his or her signature.

SECTION 6. Refunding bonds for 1996 capital development program. -- The general treasurer is hereby authorized and empowered, with the approval of the governor and in accordance with the provisions of this act, to issue from time to time bonds to refund the 1996 capital development program bonds in the name and on behalf of the state, in such amounts as may be specified from time to time by the governor in an aggregate principal amount not to exceed the total amount as has been approved by the people, to be designated as "capital development program loan of 1996 refunding bonds" (hereinafter "refunding bonds").

The general treasurer with the approval of the governor shall fix the terms and form of such refunding bonds in the same manner as the capital development bonds, except that the refunding bonds may not mature more than twenty (20) years from the date of original issue of the capital development bonds being refunded by such refunding bonds.

The proceeds of the refunding bonds, exclusive of any premium and accrual interest, shall, upon their receipt, be paid by the general treasurer immediately to the paying agent for the capital development bonds which are to be called and prepaid, and such paying agent shall hold such proceeds in trust until they are applied to prepay the bonds. While such proceeds are held in trust, they may be invested for the benefit of the state in obligations of the United States of America or the state of Rhode Island.

If the general treasurer shall deposit with the paying agent for such capital development bonds from the proceeds of the refunding bonds or from other sources sufficient amounts that, when invested in obligations of the United States or the state of Rhode Island, are sufficient to pay all principal, interest, and premium, if any, on the capital development bonds until such bonds are called for prepayment, then such capital development bonds shall not be considered debts of the state of Rhode Island for any purpose from the date of deposit of such moneys with the paying agent. The refunding bonds shall continue to be a debt of the state until paid.

The term "bond" shall include "note", and the term "refunding bonds" shall include "refunding notes" when used in this act.

SECTION 7. Proceeds of capital development program. -- The general treasurer is directed to deposit the proceeds from the sale of such capital development bonds except for those bonds described in sections and 10, exclusive of premiums and accrued interest, in one or more of the depositories in which the funds of the state may be lawfully kept in such special accounts (hereinafter cumulatively referred to as "such capital development bond fund") appropriately designated for each of such projects set forth in section 1 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved.

All monies in such capital development fund shall be expended for the purposes specified in the propositions provided for in section 1 hereof under the direction and supervision of the director of administration (hereinafter referred to as "said director") said director or his delegate, as the case may be, shall be vested with all power and authority necessary or incidental to the purposes of this act, including where appropriate without limiting the generality of said authority, and only by way of illustration, the following authority: (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to pay for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any projects set forth in section 1 hereof; (c) to pay the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any projects set forth in section 1 hereof; and (d) to pay for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary to for such 1996 capital development program bonds or notes hereunder from the proceeds thereof.

No more of such monies in such capital development bond fund shall be expended for any such project than the total amount appearing next to the description of such project in the propositions provided for in section 1 hereof.

The state controller is authorized and directed to draw his or her orders upon the general treasurer for payment out of such capital development bond fund of such sum or sums as may be required from time to time, upon receipt by him or her of properly authenticated vouchers approved by said director or his or her delegate as the case may be.

The powers and authorities granted by this act to said director or his or her delegate, as the case may be, shall be in addition to, and not in substitution for, all other power provided by law.

SECTION 8. Temporary capital development notes. -- The general treasurer is hereby authorized and empowered, with the approval of the governor and in accordance with the provisions of this act, to borrow, upon temporary notes issued in anticipation of the issuance of such capital development bonds, from time to time, in the name and on behalf of the state, sums of money for the purposes hereinbefore set forth in the propositions provided for in section 1 hereof, subject to the limitations as to the amount set forth in this act, and to be designated as "state capital development loans of 1996 notes" (hereinafter referred to as "such capital development notes").

Such capital development notes shall be signed by the general treasurer and countersigned by the manual or facsimile signature of the secretary of state, and shall be issued at such time or times in such amounts, at such rates of interests, with such provisions for prepayment, with or without premium, acceleration and other terms as may be fixed by the general treasurer, with the approval at the time of each issue of the governor.

Such capital development notes may be issued from time to time for periods not to exceed two (2) years and may be refunded or renewed from time to time by the issue of other such notes for periods not to exceed two (2) years, but such notes, including all refunding or renewals thereof, shall mature not later than five (5) years from the date of each original issue The proceeds of the sale of such capital development notes, exclusive of any premiums or accrued interest, shall be deposited by the general treasurer in the appropriate special account described in section 7 hereof.

SECTION 9. Bonds for Quonset Point/Davisville. -- The general treasurer is directed to transfer the proceeds from the date of the bonds, exclusive of premiums and accrued interest, at the request of the Director of Administration, to the Rhode Island Economic Development Corporation to be used to acquire, improve, and develop land and facilities thereon and related to the Quonset Point/Davisville Industrial Park consistent with the Corporation's purpose as described in section 42-64-5 of the Rhode Island General Laws. Should any project financed by these bonds be determined to be more appropriately placed with the Department of Transportation, the Director of Administration shall request the general treasurer to transfer that portion of the bonds to the Department of Transportation.

The proceeds of the bonds received by the Rhode Island Economic Development Corporation described in this section shall be deposited into a separate account. Payments received by the Rhode Island Economic Development Corporation as lease rentals or the purchase price of such land and improvements at Quonset Point/Davisville can be used to pay the debt service on the bonds described herein as provided for in section 11.

SECTION 10. Bonds for Brownfields Loan Program. -- The general treasurer is directed to transfer the proceeds from the sale of the bonds, exclusive of premiums and accrued interest, at the request of the Director of Administration, to the Rhode Island Economic Development Corporation to establish and administer a revolving loan program to provide loans to facilitate the investigation and response and removal actions for the cleanup of contaminated sites so that such site can be used for industrial and economic development pursuant to rules and regulations and eligibility guidelines established by the Rhode Island Economic Development Corporation.

SECTION 11. Bonds and notes to be tax exempt and general obligations of the state. -- All bonds and notes issued under the authority of this act shall be exempt from taxation in the state and shall be general obligations of the state, and the full faith and credit of the state are hereby pledged for the due payment of the principal of and interest on each of such bonds and notes as the same shall become due.

Although the bonds described in section 9 are general obligation bonds for which the state pledges its full faith and credit, the Governor at the time of issuance will determine whether the debt service on those bonds are intended to be financed by state appropriations or funded by revenues of the Rhode Island Economic Development Corporation, if the revenues of such Corporation are sufficient. Such payment of debt service shall be made by state and reimbursed by the Corporation.

SECTION 12. Sale of bonds and notes. -- Any bonds or notes issued under the authority of this act shall be sold from time to time at not less than the principal amount thereof, in such mode and on such terms and conditions as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.

Any premiums and accrued interest which may be received on the sale of such bonds or notes shall become part of the general fund of the state and shall be applied to the payment of debt service charges of the state.

In the event that the amount received from the sale of such bonds or notes exceeds the amount necessary for the purposes stated in section 7 hereof, the surplus may be used to the extent possible to retire said bonds as the same may become due, to redeem the same in accordance with the terms thereof or otherwise to purchase the same as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.

Any bonds or notes issued under the provisions of this act and coupons on any bonds, if properly executed by the manual or facsimile signatures, as the case may be, of officers of the state in office on the date of execution shall be valid and binding according to their tenor notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall for any reason have ceased to hold office.

SECTION 13. Investment of moneys in fund. -- All moneys in such capital development fund not immediately required for payment pursuant to the provisions of this act may be invested by the investment commission, as established by Chapter 35-10 of the general laws, pursuant to the provisions of such chapter; provided, however, that the securities in which such fund is invested shall remain a part of such fund until exchanged for other securities; and provided further, that the income from such investments shall become a part of the general fund of the state and shall be applied to the payment of debt service charges of the state, or to the extent necessary, to rebate to the United States treasury any income from investments (including gains from the disposition of investments) of proceeds of bonds or notes to the extent deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from federal income taxation.

SECTION 14. Amortization. -- To the extent the same is not otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise appropriated.

SECTION 15. Advances from general fund. -- The general treasurer is authorized from time to time with the approval of the director of administration and the governor, in anticipation of the issue of notes or bonds under the authority of this act, to advance to such capital development bond fund to be used for the purposes specified in section 7 hereof, any funds of the state not specifically held for any particular purpose, provided, however,that all such advances made to such capital development bond fund shall be returned to the general fund from such capital development bond fund forthwith upon the receipt by such fund of proceeds resulting from the issue of notes or bonds to the extent of such advances.

SECTION 16. Federal assistance and private funds. -- In carrying out this act, the director of administration, or his or her delegate, is authorized on behalf of the state, with the approval of the governor, to apply for and accept any federal assistance which may become available for the purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of any federal legislation therefor, to enter into, act and carry out contracts in connection therewith, to act as agent for the federal government in connection therewith, or to designate a subordinate so to act. Where federal assistance is made available, the project shall be carried out in accordance with applicable federal law, the rules and regulations thereunder and the contract or contracts providing for federal assistance, notwithstanding any contrary provisions of state law. Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited in such capital development bond fund and expended as a part thereof. Said director of administration or his or her delegate may also utilize any private funds which may be made available for the purposes of this act.

SECTION 17. Extension of previous authorizations. -- The general assembly hereby extends the authority to issue the following general obligation bond authorizations in the amounts stated to the termination dates contained herein, pursuant to the provisions of section 35-8-25 of the general laws. Such original authorizations enacted by Public Law and approved by the people, remain unissued as of February 1, 1996 as follows:

The general assembly hereby extends the authorization granted to the Rhode Island Industrial Recreational Building Authority provided by Chapter 91 of the Public Laws of 1958, and Chapter 537, section 3, of the Public Laws of 1987.

SECTION 18. Extinguishments of previous authorizations. -- The General Assembly hereby extinguishes as of June 30, 1996 the authority to issue the following general obligation authorizations pursuant to the provisions of section 35-8-25 of the general laws. Such original authorizations, enacted by public law and approved by the people remain unissued as of February 1,1996:

SECTION 19. Delaware Fund Appropriations. The following amounts are hereby appropriated out of any money in the state's Delaware Fund Capital Account not otherwise appropriated to be expended during the fiscal years ending June 30, 1996 and June 30, 1997, as appropriate. For the purposes and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his orders upon the general treasurer for the payment of such sums or such portions thereof as may be required by her of properly authenticated vouchers.

Provided, however, that any unexpended balances from FY 1996 projects are hereby reappropriated to FY 1997.

SECTION 20. Effective Date. -- sections 1, 2, 3, 17, 18 and this section of this article shall take effect upon its passage; section 19 of this article shall take effect upon passage and be retroactive to June 30, 1996; the remaining sections of this article shall take effect when and if the state board of elections shall certify to the secretary of state that a majority of the qualified electors voting on the propositions contained in section 1 hereof have indicated their approval of all or any projects thereunder.

SECTION 1. For the fiscal year ending June 30, 1997, the compensation paid to commissioners and board members for attendance at board meetings of the following state agencies and autonomous and semi-autonomous boards and commissions authorized under the general laws of this state is suspended. Reimbursement for travel costs to said meetings will continue to be allowable in accordance with existing state travel regulations.

SECTION 2. Notwithstanding the boards and commissions identified in Section 1 it is the intent of this article to suspend the compensation paid to members of all state and autonomous and semi-autonomous boards and commissions authorized compensation under the General Laws of Rhode Island.

SECTION 3. This article shall take effect July 1, 1996.

SECTION 1. Section 42-63.1-6 of the General Laws in chapter 42-63.1 entitled "Rhode Island Tourism and Development" is hereby amended to read as follows:

42-63.1-6. Roger Williams reserve program. -- For the fiscal year beginning July 1, 1995 {ADD July 1, 1996, ADD} all monies appropriated for the Roger Williams reserve program shall be made available immediately and are hereby specifically appropriated to the department of environmental management for the preservation of "open spaces" including, but not limited to, the acquiring of development rights for farmland, the preservation of historical sites, the development and/or acquiring of space for parks and recreational purposes, and operations and maintenance of historically important parks and facilities, including, but not limited to, Fort Adams State Park, Brenton Point State Park, {ADD Roger Williams Improvement Fund, ADD} Purgatory Chasm and the Rhode Island State House.

The director shall submit to the house fiscal advisor and senate fiscal advisor by January 15 of each year a detailed report on the amount of funds in the Roger Williams reserve program and the uses made of such funds.

SECTION 2. This article shall take effect July 1, 1996.

SECTION 1. Pursuant to the public laws, 1995, chapter 370, Article 9 the effective date of the department of the environment, which was created by chapter 461 of the public laws, 1990 was delayed until July 1, 1996 due to fiscal constraints. The effective date of the following sections created by Chapter 461 of the public laws, 1990 are postponed again until July 1, 1997, sections 42-17.1-1 through 42-17.1-39 inclusive, and 42-17.1-41 through 42-17.1-44 inclusive.

SECTION 2. Section 42-17.1-40 of the General Laws in chapter 42-17.1 entitled Department of the Environment" is hereby amended to read as follows:

42-17.1-40. Continuity of administrative functions. -- In order to insure continuity of the administrative business of the state, the actual transfer of functions or any part thereof to the department of the environment from the department of environmental management, department of health, water resources board, and such other boards, commissions, departments, and/or agencies has been postponed after the effective date of chapter 461 of the Public Laws of 1990, and the functions and authorities of the department of environmental management, the department of health, water resources board, and such other boards, commissions, departments, and/or agencies shall remain unaffected hereby, regardless of the repeal by chapter 461 of the public laws of 1990 of any law under which such departments, boards, commissions or other agencies are empowered which laws shall remain in effect until July 1, 1996 {ADD 1997 ADD} when the transfers herein provided can be put into force and effect at which time the repeal of such laws shall become final.

SECTION 3. This article shall take effect on July 1, 1996. All acts of the state which were authorized by and performed in good faith and in reliance upon the effectiveness of Chapter 461 of the public laws, 1990, Chapter 133 of the public laws, 1992, Chapter 138 of the public laws, 1993, and Chapter 70 of the public laws, 1994, Chapter 370 of the public laws, 1995 are hereby ratified and confirmed.

SECTION 1. Section 30-25-14 of the General Laws in chapter 30-25 entitled "Burial of Veterans" is hereby amended to read as follows:

30-25-14. Rhode Island veterans' memorial cemetery. -- The Rhode Island veterans' memorial cemetery located on the grounds of the Joseph H. Ladd School in the town of Exeter shall be under the management and control of the director of human services and the assistant director in charge of the division of community services. The assistant director of human services in charge of the division of community services shall have the general supervision over and shall prescribe rules for the government and management of the cemetery. He or she shall make all needful rules and regulations governing the operation of the cemetery and generally may do all things necessary to insure the successful operation thereof. The director shall appoint and employ all subordinate officials and persons needed for the proper management of the cemetery. The general assembly shall make an annual appropriation to the department of human services to provide for the operation and maintenance for the cemetery. The director shall charge and collect a grave liner fee of ninety dollars ($90.00) per interment {ADD equal to the Department's cost for the graveliner ADD} .

SECTION 2. This article shall take effect upon passage.

SECTION 1. There is hereby appropriated, out of any money in the treasury not otherwise appropriated, to be expended during the fiscal year ending June 30, 1996 for the purposes hereinafter mentioned, such sums to be in addition to any sum heretofore appropriated for the same fiscal year, and the state controller is hereby authorized to draw his or her orders upon the general treasurer for the payment of such sum, or so much thereof as may be required from time to time, upon receipt of properly authenticated vouchers.

SECTION 2. The Rhode Island Solid Waste Management Corporation shall pay to the State of Rhode Island the amount of fifteen million dollars ($15,000,000) from funds available in the Corporation, which receipt shall be credited in fiscal year 1996.

SECTION 3. The Rhode Island Housing and Mortgage Finance Corporation shall pay to the State of Rhode Island the amount of one million five hundred thousand dollars ($1,500,000) from funds available in the Corporation, which receipt shall be credited in the fiscal year 1996.

SECTION 4. Notwithstanding section 31-36-20 of the Rhode Island General Laws, the State Controller is hereby authorized to transfer from the Department of Elderly Affairs' portion of gas tax receipts a total of five hundred thousand dollars ($500,000) to the State General Fund on or before June 15, 1996. This reflects two hundred thousand dollars ($200,000) in addition to the three hundred thousand dollars ($300,000) appropriated in article 1 of Public Law 95-370.

SECTION 5. Judicial end-of-year balances -- Reappropriation. -- Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget", all unexpended, encumbered, and unencumbered balances of said revenue appropriations within the judicial budget, whether regular or special appropriations, at the end of fiscal year 1995-1996 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former appropriations.

SECTION 6. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and Control" is hereby amended to read as follows:

35-6-1. Controller -- Duties in general. -- Within the department of administration there shall be a controller who shall be appointed by the director of administration pursuant to chapter 4 of title 36. Said controller shall be responsible for accounting and expenditure control and shall be required:

(1) To administer a comprehensive accounting and recording system which will classify the transactions of the state departments and agencies in accordance with the budget plan;

(2) To maintain control accounts for all supplies, materials, and equipment for all departments and agencies except as otherwise provided by law;

(3) To prescribe a financial, accounting, and cost accounting system for state departments and agencies;

(4) To preaudit all state receipts and expenditures;

(5) To prepare financial statements required by the several departments and agencies, by the governor, or by the general assembly; and

(6) To approve the orders drawn on the general treasurer. Provided, however, that the preaudit of all expenditures under authority of the legislative department by the state controller shall be purely ministerial, concerned only with the legality of the expenditure and availability of the funds, and in no event shall the state controller interpose his judgment regarding the wisdom or expediency of any item or items of expenditure ;

(7) To prepare and timely file, on behalf of the state of Rhode Island, any and all reports required by the United States government, including, but not limited to the Internal Revenue Service, or required by any department or agency of the state of Rhode Island, with respect to the state payroll.

{ADD (8) To prepare a preliminary closing statement for each fiscal year.

(a) The controller shall forward the statement to the chairpersons of the House Finance Committee and the Senate Finance Committee, with copies to the House Fiscal Advisor and the Senate Fiscal and Policy Advisor by September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment of the appropriations act whichever is later. The report shall include but is not limited to:

(i) A report of all revenues received by the state in the completed fiscal year; together with the estimates adopted for that year as contained in the final enacted budget and together with all deviations between estimated revenues and actual collections. The report shall also include cash collections and accrual adjustments;

(ii) A comparison of actual expenditures with each of the actual appropriations, including supplemental appropriations and other adjustments provided for in the Rhode Island General Laws;

(iii) Statement of opening and closing surplus in the general revenue account; and

(iv) Statement of opening surplus, activity and closing surplus in the state budget reserve and cash stabilization account and the state bond capital fund.

(b) The controller shall provide supporting information on revenues, expenditures, capital projects, and debt service upon request of the House Finance Committee chairperson, Senate Finance Committee chairperson, House Fiscal Advisor, or Senate Fiscal and Policy Advisor.

(c) Upon issuance of the audited annual financial statement, the controller shall provide a report of the differences between the preliminary financial report and the final report as contained in the audited annual financial statement. ADD}

SECTION 7. Section 14 of Article 1 of Chapter 370 of the Public Laws of 1995 is hereby repealed in its entirety.

SECTION 8. Notwithstanding the provisions of Section 46-12.9-4 or the provisions of Public Law 1995, Chapter 370, Article 31,Section 1, the state controller shall transfer the additional sum of one million dollars ($1,000,000) from the Rhode Island Underground Storage Tank Financial Responsibility Fund to the general fund by June 30, 1996.

SECTION 9. Sections 1, 2, 3, 4, 5, 7 and 8 of this Article shall take effect upon passage and be applied retroactively to June 30, 1996. Section 6 shall take effect upon passage.

SECTION 1. Sections 35-3-1 and 35-3-8 of the General Laws in Chapter 35-3 entitled "State Budget" are hereby amended to read as follows:

35-3-1. Budget officer -- Duties. -- (a) Within the department of administration there shall be a budget officer who shall be appointed by the director of administration with the approval of the governor. The budget officer shall be required to:

(1) perform management analyses; {ADD Exercise budgetary control over all state departments and agencies and perform management analyses; ADD}

(2) operate an appropriation allotment system;

(3) prepare the annual budget of the receipts and expenditures of the state;

(4) develop long term activity and financial programs, particularly capital improvement programs;

(5) {ADD approve or disapprove all requests for new personnel and to ADD} investigate periodically the need of all existing positions in the state service and report thereon to the director of administration;

(6) To prepare and to report, commencing on April 1, 1984, and each April 1, thereafter, a five-year financial projection of anticipated general revenue receipts and expenditures, including detail of principal revenue sources and expenditures by major program areas -. {ADD , which projection shall be included in the budget submitted to the general assembly pursuant to section 35-3-7 of the general laws and; ADD}

(b) Provided however, the budget officer may:

(1) approve or disapprove requests for new personnel, and

(2) {ADD (1) ADD} approve or disapprove requisitions for equipment, materials and supplies. /P>

(c) Provided, however, that the budget officer's duties and powers relating to budgetary controls and personnel requests of the legislative department shall be purely ministerial, concerned only with the availability of the funds, and in no event shall the budget officer interpose his or her judgment regarding the wisdom or expediency of items of expenditure.

(d) and on steps taken or affected by federal budget actions.

35-3-8. Recommendations to meet deficiencies -- Submission of appropriation bills. -- (a) The budget shall also contain the recommendations of the governor to the general assembly for new taxes, loans, or other appropriate actions to meet any estimated deficiency for the ensuing fiscal year. It shall also be accompanied by a bill or bills for all proposed appropriations.

(b) In the event that any departments of state government are expected to incur a deficiency within the current fiscal year, the governor shall {ADD , on or before the second Tuesday in January 1997 and the second Tuesday in January each year thereafter, ADD} submit a request for supplemental appropriations on their behalf. All such requests are to be net of any unexpended appropriations in the departments with anticipated surplus funds. {ADD In the event that subsequent to the January request, the governor determines that additional deficiencies are expected to be incurred, the governor shall submit requests for additional appropriations upon notice of such deficiencies. ADD}

(c) The request presented to the legislature {ADD general assembly ADD} shall identify the proposed increases and decreases to the original amounts provided in the annual appropriation act.

SECTION 2. This article shall take effect upon passage.

SECTION 1. In any General or Special Law of the State of Rhode Island, and specifically in Title 28, Chapters 39, 40, 42 and 43 of the General Laws of Rhode Island, 1956, as amended, reference to the collection of temporary disability insurance, employment security taxes or job development fund by the department of employment and training shall be construed to refer to the division of taxation within the department of administration. Any reference to the director of the department of employment and training with reference to the collection of revenues shall be construed to refer to the tax administrator within the department of administration. Any revenue collection duties conferred upon the department of employment and training or the director of the department of employment and training by said Title 28, Chapters 39, 40, 42 and 43 shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of the department of employment and training such duties and responsibilities as he or she may deem appropriate.

The law revision officer of the joint committee on legislative affairs is authorized and empowered to make appropriate changes in said Title 28, Chapters 39, 40, 42 and 43 and any other section of the laws to carry out the intent of this act.

SECTION 2. In any General or Special Law of the State of Rhode Island, and specifically but not limited to in Title 8, Chapter 10, Sections 3(e) and 3.1(f); Title 11, Chapter 2; Title 15, Chapter 5, Section 16.2.1; Title 15, Chapters 9, 10, 11, 11.1, 13, 16, 18, 20, 21 and 22; Title 27, Chapter 57; Title 28, Chapter 44; Title 31, Chapter 2; Title 40, Chapters 5 and 6; Title 42, Chapter 61; and Title 44, Chapter 30.1 of the General Laws of Rhode Island, 1956, as amended, reference to child support enforcement, collections and establishment duties of the department of human services, Rhode Island child support services and bureau of family support shall be construed to refer to the division of taxation within the department of administration. Any reference to the director of the department of human services, with reference to the child support enforcement and collection of revenues, shall be construed to refer to the tax administrator within the department of administration. Any revenue collection duties conferred upon the department of human services or the director of the department of human services by said Title 8, Chapter 10 Sections 3(e) and 3.1(f); Title 11, Chapter 2; Title 15, Chapter 5, Section 16.2.1; Chapter 2; Title 15, Chapters 9, 10, 11, 1.1, 13, 16, 18, 20, 21 and 22; Title 27, Chapter 57; Title 28, Chapter 44; Title 31, Chapter 2; Title 40, Chapters 5 and 6; Title 42, Chapter 61; and Title 44, Chapter 30.1 shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of the department of human services such duties and responsibilities as he or she may deem appropriate.

The law revision officer of the joint committee on legislative affairs is authorized and empowered to make appropriate changes in Title 8, Chapter 10, Sections 3(e) and 3.1(f); Title 11, Chapter 2; Title 15, Chapter 5, Section 16.2.1; Title 15, Chapters 9, 10, 11, 11.1, 13, 16, 18, 20, 21 and 22; Title 27, Chapter 57; Title 28, Chapter 44; Title 31, Chapter 2; Title 40, Chapters 5 and 6; Title 42, Chapter 61; and Title 44, Chapter 30.1 said and any other section of the laws to carry out the intent of this act.

SECTION 3. In any General or Special Law of the State of Rhode Island, and specifically in Title 3, Chapter 10 of the General Laws of Rhode Island, 1956, as amended, reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration. Any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration. Any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator by said Title 3, Chapter 10 shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

The law revision officer of the joint committee on legislative affairs is authorized and empowered to make appropriate changes in said Title 3, Chapter 10 and any other section of the laws to carry out the intent of this act.

SECTION 4. Severability of Provisions. -- If any provisions of this article or of any rule or regulation made thereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this article or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this article shall not affect the validity of the remainder of the article.

SECTION 5. Liberal Construction of Article Required. -- This article shall be construed liberally in aid of its declared purpose.

SECTION 6. Transfer determinations. -- The director of administration, with the approval of the governor, shall make the conclusive determination of the property, records, and appropriations balances, allocations and other funds of the department of employment and training, department of human services, and department of business regulation to be transferred to the department of administration in connection with the functions transferred thereto by the provisions of this article.

Such further measures and dispositions as the director of administration, with the approval of the governor, shall deem necessary in order to effectuate the transfer of functions provided in this article shall be carried out as he may direct and by such agencies as he shall designate.

SECTION 7. Continuity of administrative functions. -- In order to insure continuity of the administrative business of the state, the actual transfer of functions or any part thereof to the department of administration from the department of employment and training, department of human services, and the department of business regulation, respectively, may be postponed until after July 1, 1996 until such time as, by executive order of the governor, the transfer herein provided can be put into force and effect.

SECTION 8. Preservation of rights and remedies. -- The transfer of any function as provided in this article shall not impair the obligation of any contract or agreement nor abate any suit, action or other proceeding lawfully commenced by or against the head of any agency or officer of the state of Rhode Island in his or her official capacity or in relation to the discharge of his or her official duties but the court may on motion filed within twelve (12) months after this article takes effect allow such a suit, action or proceeding to be maintained by or against his or her successor of such head or officer under the reorganization effected by this article or, if there be no successor, against such agency or officer which succeeded to the function transferred by this article.

SECTION 9. This article shall take effect upon passage.

SECTION 1. Notwithstanding the provisions of section 46-12.9-4, the state controller shall transfer the sum of five million five hundred thousand dollars ($5,500,000) in fiscal year 1997 from the Rhode Island Underground Storage Tank Financial Responsibility fund to the general fund.

SECTION 2. Section 46-12.9-11 of the General Laws in Chapter 46-12.9 entitled "Rhode Island Underground Storage Tank Financial Responsibility Act" is hereby amended to read as follows:

(b) All fees derived under the provisions of this chapter, including tank registration fees assessed pursuant to section 46-12.9-7(9) shall be paid to and received by the general treasurer of the state of Rhode Island, who shall keep such monies in a distinct interest-bearing restricted receipt account to the credit of and for the exclusive use of the fund, provided, however, that the sum of seven hundred fifty thousand dollars ($750,000) shall be transferred quarterly by the state controller to the state general fund on July 1 and October 1, 1995 and January 1 and April 1, 1996. {ADD one million three hundred seventy-five thousand dollars ($1,375,000) shall be transferred quarterly by the state controller to the state general fund on July 1 and October 1, 1996 and January 1 and April 1, 1997. ADD} Any transfers to the general fund under this subsection shall not be made in the event that the balance of the fund is less than two million dollars ($2,000,000) or there are any outstanding claims which have not been fully satisfied. All such fees collected may be invested as provided by law and all interest received on such investment shall be credited to the fund.

(c) When the fund reaches the sum of eight million dollars ($8,000,000), the imposition of the fee set forth in this chapter shall be suspended, and the division of taxation shall notify all persons responsible for the collection, reporting and payments of the fee of the suspension. In the event that the account balance of the fund subsequently is reduced to a sum less than five million dollars ($5,000,000) as a result of fund activity, the fee shall be reinstated by the division of taxation, following proper notice thereof, and, once reinstated, the collection, reporting and payment of the fee shall continue until the account balance again reaches the sum of eight million dollars ($8,000,000).

(d) Upon the determination by the review board that the fund has reached a balance sufficient to satisfy all pending or future claims, the review board shall recommend to the general assembly the discontinuation of the imposition of the fee created in section 46-12.9-11.

SECTION 3. This article shall take effect July 1, 1996.

SECTION 1. Chapter 23-17-38.1 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:

23-17-38.1. Hospitals -- Licensing fee. -- (a) There is hereby imposed a hospital licensing fee at the rate of two and twenty hundredths percent (2.20%) upon the gross patient services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, 1993. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of administration, and all the administration, collection and other provisions of chapters 50 and 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on June 15, 1996 {ADD 1997 ADD} , and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund in accordance with section 44-50-11. Every hospital shall, on or before April 1, 1996 {ADD 1997 ADD} , make a return to the tax administrator containing the correct computation of gross patient services revenue and the licensing fee due upon such amount. All returns shall be signed by the hospital's authorized representative, subject to the pains and penalties of perjury.

(b) For purposes of this section the following words and phrases shall have the following meaning:

(1) "Hospital" means a person or governmental unit duly licensed in accordance with this chapter to establish, maintain and operate a hospital, except a hospital whose primary service and primary bed inventory are psychiatric.

(2) "Gross patient services revenue" means the gross revenue related to patient care services.

(c) The tax administrator shall make and promulgate such rules, regulations, and procedures not inconsistent with state law and fiscal procedures as he or she deems necessary for the proper administration of this section and to carry out the provisions, policy and purposes thereof.

SECTION 2. This article shall take effect on July 1, 1996 and shall apply to hospitals, as defined in Section 1, which are duly licensed on July 1, 1996. The licensing fee imposed by Section 1 shall be in addition to the inspection fee imposed by Section 23-17-38 and to any licensing fees previously imposed and collected in accordance with Section 23-17-38.1.

SECTION 1. Section 37-14-5 of the General Laws in Chapter 37-14 entitled "Public Building Authority" is hereby amended to read as follows:

37-14-5. Powers of authority. -- The authority is hereby authorized and empowered:

(a) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(b) To adopt an official seal and alter the same at pleasure;

(c) To maintain an office at such place or places within the state as it may designate {ADD within the department of administration and shall use department of administration personnel to assist the authority in the administration of this chapter ADD} ;

(d) To sue and be sued in its own name, plead and be impleaded; provided, however, that any and all actions against the authority shall be brought only in the county in which the principal office of the authority shall be located;

(e) To acquire, purchase, hold, and use any property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the authority, and to mortgage, lease, or sell any of the property; and (without limitation of the foregoing) to lease as lessee, any property, real, personal, or mixed, or any interest therein to lease as lessor to the federal government, the state, and any municipality any project of the authority, and to sell, transfer, and convey to any lessee or to any other person upon such terms and conditions and for such considerations as the authority shall determine;

(f) To acquire by purchase, lease, or otherwise, and to construct, improve, equip, furnish, maintain, repair, and operate projects, and to establish rules and regulations for the use of any project;

(g) To rent such space in such public facilities as from time to time may not be needed by any governmental entity to any person for such other purposes as the authority may determine and upon such terms and in such manner as the authority may determine;

(h) To employ, in its discretion, planning, architectural, or engineering consultants, attorneys, accountants, construction, and financial experts, superintendents, managers, and such other officers, employees and agents as may be necessary in its judgment, and to fix their compensation;

(i) To fix and revise from time to time, subject to the provisions of this chapter, and to charge and collect fees, rentals, and other charges for the use of the facilities of, or for the services rendered by, the authority or projects thereof, at rates to be determined by the authority, for the purpose of providing for the payment of the expenses of the authority, the acquisition, construction, improvement, repair, equipping, furnishing, maintenance, and operation of its facilities and properties, the payment of the principal of and interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any obligations;

(j) With the consent of both the governor and the general assembly to issue bonds of the authority for any of its purposes, payable solely from the revenues pledged for their payment all as provided in this chapter;

(k) To borrow money in anticipation of the issuance of bonds for any of its purposes and to issue notes, certificates, or other evidences of borrowing upon such terms as may be authorized by resolution of the authority;

(l) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter;

(m) Without limitation of the foregoing, to borrow money from, to receive, and accept grants for or in aid of construction or acquisition of projects authorized under this chapter from, and to enter into contracts, leases, or other transactions with, any federal agency; and to receive and accept from the state or any municipality, and from any other source, aid or contributions of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which the grants and contributions may be made;

(n) To combine for financing purposes any two (2) or more projects authorized to be acquired or constructed under the provisions of this chapter;

(o) To be a promoter, partner, member, owner, associate, or manager of any partnership, condominium, or other enterprise or venture;

(p) To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the rights of condemnation in the manner hereinafter provided, such public or private lands, including public parks, playgrounds, or reservations, or parts thereof or rights therein, rights of way, property, rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, however, that all public property damaged in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable; and

(q) To do all other acts and things necessary or convenient to carry out the powers expressly granted in this chapter.

SECTION 2. This article shall take effect upon passage.

SECTION 1. Section 31-11-10 of the General Laws in Chapter 31-11 entitled "Suspension or Revocation of Licenses -- Violations" is hereby amended to read as follows:

31-11-10. Reinstatement after revocation or suspension. -- Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked or suspended shall not be entitled to have a license or privilege renewed or restored unless the revocation or suspension was for a cause which has been removed, except that after the expiration of the term of the revocation or suspension he or she may apply to be restored to his or her right to drive, but the registry shall not grant the application unless and until it is satisfied after investigation of the character, habits, and driving ability of the person that it will be safe to license him or her to drive a motor vehicle on the public highways and it has received a reinstatement fee seventy five {ADD twenty-five ADD} dollars ($25.00) {ADD ($75.00) ADD} and an assessment fee of twenty-five dollars ($25.00); except the reinstatement fee and assessment fee shall not be required by any person whose license was suspended under section 31-10-44 and who has later been declared competent to operate a motor vehicle.

Provided, however, that the registry shall not hold a review hearing for reinstatement of a license where said license was suspended under section 31-11-25 or for failure to pay a fine under section 31-41-4. The registry shall immediately reissue the suspended license upon proof of payment of such fine, and in said instance, no reinstatement fee or assessment fee shall be imposed .

SECTION 2. This act shall take effect upon passage and shall be prospective in application.

SECTION 1. Section 23-17-12 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:

23-17-12. Inspections -- Nursing and personal care homes. -- (a) The licensing agency shall make or cause to be made unannounced inspections and investigations at least once every two (2) months of extended care facilities, skilled nursing homes, intermediate care facilities, personal care homes and nursing homes {ADD of nursing facilities and residential care/assisted living facilities. The director shall establish by regulation criteria to determine the frequency for such inspections and investigation that shall include specific criteria to determine the appropriate frequency of such surveys including, but not limited to, patient acuity, quality indicators, and a facility's past compliance with the regulations. In no instance shall any facility receive less than two (2) surveys in addition to the annual licensing survey required by this chapter ADD} . The inspections shall be conducted both as to profit and nonprofit facilities and the results shall be open to public inspection; however, requirements as to the fire safety code will be deferred in accordance with section 23-28.1-7.

(b) The licensing agency shall make or cause to be made unannounced inspections and/or investigations of any establishment, facility, boarding house, dormitory, however named, to determine whether such lodging facility should be licensed and regulated under the provisions of this chapter.

(c) All members of the general assembly and any general officer of this state may make announced and unannounced inspections of extended care facilities, skilled nursing homes, intermediate care facilities, personal care homes, nursing homes and state institutions.

SECTION 2. This article shall take effect July 1, 1996.

SECTION 1. Section 42-56-38 of the General Laws in Chapter 42-56 entitled "Department of Corrections" is hereby amended to read as follows:

42-56-38. Assessment of costs. -- {ADD (a) ADD} Each sentenced offender committed to the care, custody or control of the department of corrections shall reimburse the state for the cost or the reasonable portion thereof incurred by the state relating to such commitment, provided however that a person so committed, awaiting trial and not convicted, shall not be liable for the reimbursement. Items of cost shall include physical services and commodities such as food, medical, clothing and specialized housing, as well as social services such as specialized supervision and counseling. Costs shall be assessed by the director of corrections or his or her designee based upon each person's ability to pay, following a public hearing of proposed fee schedules. Each offender's family income and number of dependents shall be among the factors taken into consideration when determining ability to pay. Moneys received under this section shall be deposited as general revenues. The director shall promulgate rules and regulations necessary to carry out the provisions of this section. The rules and regulations shall provide that the financial situation of persons, financially dependent on the person, be considered prior to the determination of the amount of reimbursement. This section shall not be effective until the date the rules and regulations are filed with the office of the secretary of state.

{ADD (b) Notwithstanding the provisions of paragraph (a), or any rule or regulation promulgated by the director, any sentenced offender who is ordered or directed to the work release program, shall pay no less than thirty percent (30%) of his or her gross salary for room and board. ADD}

SECTION 2. This article shall take effect July 1, 1996.

SECTION 1. Section 31-6-1 of the General Laws in chapter 31-6 entitled "Registration Fees" is hereby amended to read as follows:

31-6-1. Amount of registration and miscellaneous fees. -- (a) The following registration fees shall be paid to the registry for the registration of motor vehicles, trailers, semitrailers, and school buses subject to registration for each year of registration:

(1) For the registration of every automobile, when equipped with pneumatic tires, thirty dollars ($30.00);

(2) For the registration of every motor truck or tractor when equipped with pneumatic tires, the gross weight of which is not more than four thousand pounds (4,000 lbs.); thirty-four dollars ($34.00);

More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds (5,000 lbs.), forty dollars ($40.00); More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds (6,000 lbs.), forty-eight dollars ($48.00);

More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds (7,000 lbs.), fifty-six dollars ($56.00);

More than seven thousand pounds (7,000 lbs.), but not more than eight thousand pounds (8,000 lbs.), sixty-four dollars ($64.00);

More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds (9,000 lbs.), seventy dollars ($70.00); More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds (10,000 lbs.), seventy-eight dollars ($78.00);

More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand pounds (12,000 lbs.), one hundred six dollars ($106.00);

More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand pounds (14,000 lbs.), one hundred twenty-four dollars ($124.00);

More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand pounds (16,000 lbs.), one hundred forty dollars ($140.00);

More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand pounds (18,000 lbs.), one hundred fifty-eight dollars ($158.00);

More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand pounds (20,000 lbs.), one hundred seventy-six dollars ($176.00);

More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two thousand pounds (22,000 lbs.), one hundred ninety-four dollars ($194.00);

More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four thousand pounds (24,000 lbs.), two hundred ten dollars ($210.00);

More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six thousand pounds (26,000 lbs.), two hundred thirty dollars ($230.00);

More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight thousand pounds (28,000 lbs.), two hundred forty-six dollars ($246.00) {ADD two hundred ninety-six dollars ($296.00) ADD} ;

More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty thousand pounds (30,000 lbs.), two hundred sixty-four dollars ($264.00) {ADD three hundred sixteen dollars ($316.00) ADD} ;

More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two thousand pounds (32,000 lbs.), three hundred and fifty-two dollars ($352.00) {ADD four hundred and twenty-two dollars ($422.00) ADD} ;

More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four thousand pounds (34,000 lbs.), three hundred and seventy-four dollars ($374.00) {ADD four hundred and forty-eight dollars ($448.00) ADD} ;

More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six thousand pounds (36,000 lbs.), three hundred and ninety-six dollars ($396.00) {ADD four hundred and seventy-six dollars ($476.00) ADD} ;

More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight thousand pounds (38,000 lbs.), four hundred and eighteen dollars ($418.00) {ADD five hundred and two dollars ($502.00) ADD} ;

More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty thousand pounds (40,000 lbs.), four hundred and forty dollars (440.00) {ADD five hundred and twenty-eight dollars ($528.00) ADD} ;

More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand pounds (42,000 lbs.), four hundred and sixty-two dollars ($462.00) {ADD five hundred and fifty-four dollars ($554.00) ADD} ;

More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six thousand pounds (46,000 lbs.), five hundred and six dollars ($506.00) {ADD six hundred and eight dollars ($608.00) ADD} ;

More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand pounds (50,000 lbs.), five hundred and fifty dollars ($550.00) {ADD six hundred and sixty dollars ($660.00) ADD} ;

More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand pounds, (54,000 lbs.), five hundred and ninety-four dollars ($594.00) {ADD seven hundred and twelve dollars ($712.00) ADD} ;

More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight thousand pounds (58,000 lbs.), six hundred and forty dollars ($640.00) {ADD seven hundred and sixty-eight dollars ($768.00) ADD} ;

More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two thousand pounds (62,000 lbs.), six hundred and eighty dollars ($680.00) {ADD eight hundred and sixteen dollars ($816.00) ADD} ;

More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six thousand pounds (66,000 lbs.), seven hundred and thirty dollars ($730.00) {ADD eight hundred and seventy-six dollars ($876.00) ADD} ;

More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy thousand pounds (70,000 lbs.), seven hundred and seventy dollars ($770.00) {ADD nine hundred and twenty-four dollars ($924.00) ADD} ;

More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four thousand pounds (74,000 lbs.), eight hundred and ten dollars ($810.00) {ADD nine hundred and seventy-two dollars ($972.00) ADD} ;

Over seventy-four thousand pounds (74,000 lbs.), eight hundred and ten dollars ($810.00) {ADD nine hundred and seventy-two dollars ($972.00) ADD} plus twenty dollars ($20.00) {ADD twenty-four dollars ($24.00) ADD} per two thousand pound (2,000 lbs.) gross weight;

(3) For the registration of every semi-trailer to be used with a truck-tractor as defined in section 31-1-4(a) shall be as follows; an annual fee of twelve dollars ($12.00) for a one (1) year registration, for multi-year registrations the fee of fifty dollars ($50.00) for a five (5) year registration and eighty dollars ($80.00) for an eight (8) year registration; provided that when in use the weight of the resulting semitrailer unit and its maximum carrying capacity shall not exceed the gross weight of the original semitrailer unit from which the gross weight of the tractor was determined. A registration certificate and registration plate shall be issued for each semitrailer so registered. There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety (90) days before effective date of that year's registration, the pro rate amount, based on the unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A multi-year semi-trailer registration may be transferred to another semi-trailer subject to the provisions and fee set forth in section 31-6-11. Thirty percent (30%) of semi-trailer registration fee shall be retained by the Division of Motor Vehicles to defray the costs of implementation of the International Registration Plan (IRP) and fleet registration section.

(4) For the registration of every automobile, motor truck, or tractor, when equipped with other than pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents (10%) for each one hundred (100) pounds of gross weight.

(5) For the registration of every public bus, the rates provided for motor vehicles for hire plus two dollars ($2.00) for each passenger which that bus is rated to carry, the rating to be determined by the registrar.

(6) For the registration of every motorcycle, or motor driven cycle, thirteen dollars ($13.00). Three ($3.00) dollars from that sum shall be turned over to the department of education to assist in the payment of the cost of the motorcycle drivers education program as enumerated in section 31-10.1-1.1.

(7) For the registration of every trailer or semi-trailer other than semi-trailers registered in combination with a tractor, {ADD not including semi-trailers used with a truck-tractor as defined in section 31-1-4(a), ADD} with a gross weight of three thousand pounds (3,000 lbs.) or less, five dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.).

(8) The annual registration fee for a motor vehicle, commonly described as a boxcar and/or locomotive, and used only by La Societe des 40 Hommes et 8 Chevaux for civic demonstration, parades, convention purposes or social welfare work, shall be two dollars ($2.00).

(9) For the registration of every motor vehicle, trailer, or semitrailer owned by any department or agency of any city or town or district thereof, provided the name of the city or town or district or state department or agency owning the same shall be plainly printed on two (2) sides of the vehicle, two dollars ($2.00).

(10) For the registration of motor vehicles used for racing, fifteen dollars ($15.00).

(11) For every duplicate registration certificate, one dollar ($1.00).

(12) For every certified copy of a registration certificate or application thereof, one dollar ($1.00).

(13) For every certificate assigning a special identification number or mark as provided in section 31-3-37, one dollar ($1.00).

(14) For every replacement of number plates or additional pair of number plates, without changing the number, five dollars ($5.00).

(15) For the registration of every farm vehicle, used in farming as provided in section 31-3-31, ten dollars ($10.00). (16) For the registration of antique motor cars, five dollars ($5.00).

(17) For the registration of a suburban vehicle, when used as a pleasure vehicle, the same rates as charged in subsection (a)(1) above shall be applicable and when used as a commercial vehicle, the same rates as provided in subsection (a)(2) above shall be applicable.

(18) For the registration of every motor bus which is used exclusively under contract with a political subdivision or school district of the state for the transportation of school children, three dollars ($3.00); provided, that any such motor bus may also be used for the transportation of persons to and from church and Sunday school services, and for the transportation of children to and from educational or recreational projects sponsored by a city or town or by any association or organization supported wholly or in part by public or private donations for charitable purposes, without the payment of additional registration fee.

(19) For the registration of every motorized bicycle, ten dollars ($10.00).

(20) For the registration of every motorized tricycle, ten dollars ($10.00).

(21) For the replacement of number plates with a number change, five dollars ($5.00).

(22) For any over-the-counter registration renewal transaction, an additional ten dollars ($10.00).

(23) For the initial issuance and each reissuance thereafter of fully reflective plates as required by sections 31-3-10 and 31-3-32, an additional six dollars ($6.00).

(b) In the event that the registrant voluntarily cancels his registration within the period of registration, the division of motor vehicles shall refund only that portion of the fee paid which represents full year segments of the registration fee paid.

SECTION 2. This article shall take effect upon passage.

SECTION 1. Section 35-17-2 of the General Laws in Chapter 35-17 entitled "Medical Assistance and Public Assistance Caseload Estimating Conferences" is hereby amended to read as follows:

35-17-2. Meetings. -- (A) The principals of the C.E.C. shall meet within thirty-seven (37) days of the close of each fiscal quarter {ADD the first ten (10) days of May, October and December of each year ADD} .

(B) The primary purpose of regularly scheduled conferences is to forecast medical assistance and public assistance caseloads. The conference principals can agree, however, to address special legislation or special topics.

(C) Prior to each caseload estimating conference, the principals will determine the documentation and information necessary to support that conference.

(D) No votes will be taken in the caseload estimating conferences. These are truly consensus conferences and all principals must agree and are bound to the conference recommendations. The first meeting shall take place in September, 1991.

SECTION 2. This article shall take effect upon July 1, 1996.

SECTION 1. Section 42-45-12 of the General Laws in Chapter 42-45 entitled "Rhode Island Historical Preservation and Heritage Commission" is hereby amended to read as follows:

42-45-12. Eisenhower House -- Rental fees. -- The {ADD Historical Preservation and ADD} Heritage Commission is hereby authorized to collect rental fees for use of the Eisenhower House and surrounding grounds. The rental fees shall {ADD be established by regulation. ADD} be dedicated to the support of commission operations and shall not exceed the following amendments:

Provided that groups may rent only the grounds of the Eisenhower House and said rental shall be one-half (1/2) of the above fee structure. The above rental shall be for a four (4) hour period. An additional fee of one hundred dollars ($100) per hour may be collected for additional periods of time. All fees collected under this section shall be deposited as general revenues. On the order of the director of the Heritage Commission, the State Controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or such portion thereof as may be required from time to time by him or her of properly authenticated vouchers. The {ADD Historical Preservation and ADD} Heritage Commission may require certain attendants to be present during rental hours and may require the lessees to reimburse the cost of such service provided such cost reflect the actual cost of the commission. The commission may also require reasonable amounts of liability insurance to be obtained by the lessee.

The {ADD Historical Preservation and ADD} Heritage Commission and the state shall not be civilly liable for the acts or omissions of the lessees of the Eisenhower House.

SECTION 2. This article shall take effect July 1, 1996.

SECTION 1. Chapter 16-2 of the General Laws entitled "School Committees and Superintendents" is hereby amended by adding thereto the following sections:

16-2-21.5. Notification of state school aid to school districts. -- {ADD Any requirement that the department of elementary and secondary education notify the local school districts of state education aid estimates prior to the submission of the governor's budget presentation, is hereby suspended until further action by the general assembly. However, the department shall provide state education aid estimates based upon the governor's budget submission and shall supplement such estimates upon the passage of the budget by the general assembly. ADD}

SECTION 2. Chapter 16-7 of the General Laws entitled "Foundation Level School Support" is hereby amended by adding thereto the following section:

16-7-20.7. Determination of state's share for fiscal year 1996-1997. -- {ADD Notwithstanding any other provisions of the general laws, each school district including the state operated district of Central Falls, shall receive the same amount of school aid in fiscal year 1997 as each district received in fiscal year 1996 pursuant to section 16-7-20.6.

In addition, the general assembly shall appropriate the amount of ten million five hundred twenty-five thousand, five hundred thirteen dollars ($10,525,513) to be distributed as follows: $10,381,348 to school districts, including the Central Falls School District, based on each district's proportion of children eligible for USDA reimbursable school meals relative to the total number of such students statewide. For the purposes of this section, the date as of such eligibility for USDA reimbursable meals shall be determined by the June report of the reference year as defined in section 16-7-16, and one hundred forty four thousand one hundred sixty five dollars ($144,165) as follows: Hopkinton $26,075, Richmond $26,894, Exeter-West Greenwich $19,755, and Foster Glocester $71,441. In addition to sums received under this section of the act the town of Hopkinton shall receive an additional $259,313.00 for the fiscal year 1996-1997 only. ADD}

SECTION 3. Section 16-7-23 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" is hereby amended to read as follows:

16-7-23. Community requirements -- Adequate minimum budget provision. -- The school committee's budget provisions of each community for current expenditures in each budget year shall provide for an amount from all sources sufficient to support the basic program and all other approved programs shared by the state. For fiscal year 1996 {ADD 1997 ADD} , each community shall contribute {ADD local ADD} funds to its school committee in an amount not less than its fiscal year 1995 {ADD 1996 local ADD} contribution for schools. The courts of this state shall enforce this section by writ of mandamus.

SECTION 4. Sections 16-60-4, 16-60-7 and 16-60-8 of the General Laws in Chapter 16-60 entitled "Board of Regents for Elementary and Secondary Education" are hereby amended to read as follows:

16-60-4. Board of regents for elementary and secondary education -- Powers and duties. -- The board of regents for elementary and secondary education shall have in addition to those enumerated in section 16-60-1, the following powers and duties:

(1) To approve a systematic program of information gathering, processing, and analysis addressed to every aspect of elementary and secondary education in this state especially as that information relates to current and future educational needs so that current needs may be met with reasonable promptness and plans formulated to meet future needs as they arise in the most efficient and economical manner possible.

(2) To approve a master plan defining broad goals and objectives for elementary and secondary education in the state. These goals and objectives shall be expressed in terms of what men and women should know and be able to do as a result of their educational experience. The regents shall continually evaluate the efforts and results of education in the light of these objectives.

(3) To formulate broad policy to implement the goals and objectives established and adopted by the board of regents from time to time; to adopt standards and require enforcement and to exercise general supervision over all elementary, secondary public and non-public education in the state as provided hereinafter in subsection (8) of this section. The board of regents, however, shall not engage in the operation or administration of any subordinate committee, local school district, school, school service or school program, except its own department of elementary and secondary education, and except as specifically authorized by an act of the general assembly. The adoption and submittal of the budget and the allocation of appropriations the acquisition, holding, disposition, and general management of property shall not be construed to come within the purview of the foregoing prohibition. The regents shall communicate with and seek the advice of the commissioner of elementary and secondary education and all those concerned with and affected by its determinations as a regular procedure in arriving at its conclusions and in setting its policy.

(4) To allocate and coordinate the various educational functions among the educational agencies of the state and local school districts and to promote cooperation among them so that maximum efficiency and economy shall be achieved.

(5) To prepare with the assistance of the commissioner of elementary and secondary education and to present annually to the state budget officer in accordance with section 35-3-4 a total educational budget for the elementary and secondary sector which shall include, but not be limited to, the budgets of the department of elementary and secondary education, subordinate boards and agencies, and state aid to local school districts.

In the preparation of the budget, and in the allocation of its total appropriation, the regents shall determine priorities of expenditures for elementary and secondary education purposes of state revenues and other public resources made available for the support of public, elementary and secondary education among the various education agencies of the state ; provided that nothing in this subsection contained shall authorize the regents to alter the allocation of grants or aid otherwise provided by law . {ADD Nothing contained in this section shall authorize any individual or group of individuals to reallocate resources in a manner other than that prescribed in the budget as appropriations by the General Assembly. ADD}

(6) To maintain a department of elementary and secondary education, to provide for its staffing and organization and to appoint a commissioner of elementary and secondary education pursuant to section 16-60-6 and 16-60-7 who shall serve at its pleasure. The commissioner of elementary and secondary education and the department of elementary and secondary education shall have such duties and responsibilities as defined in sections 16-60-6 and 16-60-7.

(7) To establish other educational agencies or subcommittees necessary or desirable for the conduct of any or all aspects of elementary and secondary education and to determine all powers and functions as well as composition of any agencies or subcommittees and to dissolve them when their purpose shall have been fulfilled; provided that nothing contained in this paragraph shall be construed to grant the regents the power to establish subcommittees or agencies performing the duties and functions of local school committees except as provided in section 16-1-10.

(8) To exercise the authority heretofore vested in the board of regents for education with relation to secondary non-public educational institutions within the state under the terms of chapter 40 of this title and other laws affecting non-public education in the state, and to cause the department of elementary and secondary education to administer the provisions of that section.

(9) To exercise all the functions, powers and duties which heretofore were vested in the board of regents for education, under the provisions of former section 16-49-4(9) including but not limited to the following specific functions:

(a) To approve the basic subjects and courses of study to be taught, and instructional standards required to be maintained in the public elementary and secondary schools of the state.

(b) To adopt standards and qualifications for the certification of teachers and to provide for the issuance of certificates, and to establish fees for the certification of teachers. The fees collected for the certification of teachers along with various education licensing and testing fees shall be deposited by the Board of Regents as general revenues. The funds appropriated by the general assembly shall be utilized by the Department of Elementary and Secondary Education to establish and support programs which enhance the quality and diversity of the teaching profession. The Commissioner of Elementary and Secondary Education shall regularly make recommendations to the Board about specific programs and projects to be supported by those funds. The Commissioner shall oversee the funds, assess the effectiveness of its programs and projects, and make recommendations about the general use and operation of the funds to the board.

(c) To be responsible for the distribution of state school funds.

(d) To determine the necessity of school construction and to approve standards for design and construction of school buildings throughout the state.

(e) To set standards for school libraries and school library services.

(f) To make recommendations relative to transportation of pupils to school, school bus routes, time schedules, and other matters relating to pupil transportation.

(g) To enforce the provisions of all laws relating to elementary and secondary education.

(h) To decide and determine appeals from decisions of the commissioner.

(i) To prescribe forms for the use of local school committees and local officers when reporting to the department of elementary and secondary education.

(j) To adopt and require standard accounting procedures for local school districts, except as provided for in subdivision (3) of section 16-24-2.

(k) To adopt and require standard uniform operating and capital budgeting procedures for local school districts.

(10) To establish rules for the approval and accrediting of elementary and secondary schools.

(11) To recommend to the general assembly from time to time, changes in the size and number of the school districts within the state; and to make such further and other recommendations to the general assembly as the board of regents may determine to be necessary or desirable, including, but not limited to proposals for incentives for the coordination of services and facilities of certain school districts and the feasibility of granting taxing authority to local school committees upon their request and the impact upon the quality of education within that particular community by granting the request. In carrying out this duty, the board of regents shall periodically issue reports in school district organizations for selected regions and school districts.

(12) To exercise all other powers with relation to the field of elementary and secondary education within this state, not specifically granted to any other department, board, or agency, and not incompatible with law, which the board of regents for elementary and secondary education may deem advisable.

(13) To exercise the authority heretofore vested in the board of regents for education with relation to adult education as defined in section 16-58-2 and to establish definitive goals for and operate a comprehensive delivery system for adult education programs and services, including the counseling and testing of persons interested in obtaining high school equivalency diplomas, the issuance of diplomas, and the maintenance of a permanent record of applications, tests, and equivalency diplomas.

(14) To otherwise promote maximum efficiency and economy in the delivery of elementary and secondary educational services in the state.

(15) On or before February 1, 1982, the regents shall present for review and oversight to the house and senate finance committees, plans for reallocation of appropriated funds.

(16) To approve a training program for school committee members to enhance their individual skills and their effectiveness as a corporate body. The training program should include, but not be limited to, the following roles and responsibilities of school committees; strategic planning, human and community relations and school finance and budgeting.

(17) Submit to the governor and general assembly an annual progress report on the condition of elementary and secondary education.

(18) To prepare with the assistance of the commissioner a multi-year plan of priority educational goals and objectives. This plan should recommend policy objectives, implementation strategies and a timetable for major policy initiatives.

(19) Each year the governor shall by writing notify the board of regents for elementary and secondary education concerning broad economic, cultural and social needs that the education system needs to consider which the board shall address in developing educational plans and programs.

(20) Appoint a standing committee that will develop a schedule to systematically review all board policies over a three (3) year period.

(21) To prepare with the assistance of the commissioner a statement of regulatory policy. This policy should set forth the goals and objectives of state regulations which are expressed in terms of what educational inputs and outputs the board expects regulations to address.

(22)(A) To prepare with the assistance of the commissioner of elementary and secondary education and to present annually to the general assembly by January 1 a report on school discipline in Rhode Island schools. This report shall include:

(a) Expulsions by district, including duration and the reason for each action.

(b) Suspensions by district, including duration and the reason for each action.

(c) Placements to alternative programs for disciplinary reasons.

(d) Assaults of teachers, students, and school staff by students.

(e) Incidents involving possession of weapons on school property. For the purpose of this section, a weapon shall be considered any of those weapons described in sections 11-47-2 and 11-47-42 of the general laws.

(f) Incidents of the sale of controlled substances by students.

(g) Incidents of the possession with the intent to sell controlled substances by students.

(h) Additional demographic information including but not limited to the ethnic and racial classifications, age and gender, as prescribed by the commissioner, of each of the students involved in the incidents, events or actions described in paragraphs (a) through (g) of this section.

(B) All school superintendents shall supply the necessary information on forms established by the commissioner of elementary and secondary education to the board of regents to assist in the preparation of the board of regents report on school discipline.

16-60-7. Department of elementary and secondary education -- Personnel board. -- The board of regents shall maintain a department of elementary and secondary education which shall perform the research, administrative and instructional functions and duties, including technical assistance and statewide educational information services for local school districts, required of the regents by the provisions of this chapter. Within that department the appointment, promotion, salaries, term of service and dismissal of all professional employees, including instructional and research employees, and administrative employees and secretaries shall be at the pleasure of the commissioner of elementary and secondary education excepting that the regents shall approve all assistant commissioners; all professional employees including instructional and research employees, and administrative employees may be initially engaged under contract for not more than two (2) years. All professional employees including instructional and research employees, and administrative employees shall not be in the classified service of the state nor be subject in any manner of control by the personnel administrator or by any officer or board other than the commissioner of elementary and secondary education . {ADD , provided, however, that all permanent appointments of the commissioner to vacant, reestablished or newly established positions shall be subject to approval by the Emergency Hiring Council established by Executive Order 95-2. All appointments to positions at state operated schools shall be exempt from the foregoing requirement provided the total full time equivalent positions are within the authorized cap and all such personnel are assigned exclusively to the schools. The hiring of individuals on a contract basis shall be subject to state purchasing requirements. ADD} All nonclassified employees of the board of regents who shall have twenty (20) years, not necessarily consecutive, of service credit, such credits having been earned in either the classified, nonclassified, or unclassified service or any combination thereof, shall be deemed to have acquired full status in their positions as the status is defined by section 36-4-59; provided, however, that this provision shall not apply to faculty employed by the board of regents nor shall it apply to nonclassified employees who have acquired tenure as faculty. Provided that employees who had permanent status prior to May 7, 1981, shall continue to retain their status. Persons employed by the department on February 1, 1974 in either the classified or unclassified service and who were receiving longevity payments on or before February 1, 1974 shall continue to be eligible for longevity benefits upon transfer to the nonclassified service within the department. Hereinafter all vacant, reestablished or newly established positions, except professional employees, and student employees, shall be subject to the personnel board (or committee) as established by this section. The board (or committee) shall consist of three (3) members as follows: the state personnel administrator, the representative of the appropriate collective bargaining unit of which the individual is a member and the appropriate commissioner of education or his or her designee. The board (or committee) shall review each vacant position, newly established position, or reestablished position and determine whether or not the individual position be established in the classified service of the state of Rhode Island. Notwithstanding any provision of any other general or special law to the contrary all statutes or parts thereof inconsistent herewith are hereby repealed; and provided, further that the provisions of this section shall not be construed to require the appointment of anyone serving prior to, on or subsequent to May 7, 1981 as commissioner of education pursuant to the provisions of former section 16-49-6 to the position of commissioner of elementary and secondary education. The table of organization, as submitted by the commissioner of elementary and secondary education, together with the pay ranges, shall be subject to approval by the board of regents.

For fiscal year 1988-1989 the sum of four hundred thousand dollars ($400,000) not otherwise appropriated shall be included in the appropriation made to support the department of elementary and secondary education.

16-60-8. State educational budget and appropriations. -- The general assembly, shall, annually, appropriate such sums as it deems necessary for support and maintenance of elementary and secondary education in the state and the state controller is hereby authorized and directed to draw his orders upon the general treasurer for the payment of those appropriations or so much thereof as may be necessary for the purposes appropriated, upon the receipt by the controller of proper vouchers as the board of regents for elementary and secondary education may by rule provide. The regents shall receive, review and adjust the budget of its several subordinate committees and agencies and present the same as part of the budget for elementary and secondary education ; and the regents may, from time to time, reallocate the budget of any board or agency upon the request of the board or agency or upon its own initiative.

SECTION 5. Title 16 of the general laws entitled "Education" is hereby amended by adding thereto the following new chapter:

16-79-1. Legislative findings. -- {ADD The general assembly finds that there is a need to develop a public education funding plan which:

(a) Reduces reliance on the property tax,

(b) Distributes state education aid in a manner which considers student needs and local property tax burdens and which is calculated on a forward funded appropriation basis,

(c) Provides a predictable amount and source of funding for education programs,

(d) Recognizes the state's ability to support education and is consistent with the Rhode Island Supreme Court ruling. ADD}

16-79-2. Education funding plan. -- {ADD (A) A special joint commission consisting of (10) ten members of the general assembly is hereby established. The Speaker of the House and Senate Majority Leader shall each appoint five members to the special joint commission. There shall be majority and minority party representation on the commission from each chamber. The special joint commission shall prepare and submit no later than January 15, 1997 to the General Assembly an education funding plan (hereinafter referred to as the"Funding Plan"). An interim report on the development of the Funding Plan shall be submitted no later than November 30, 1996. The Department of Elementary and Secondary Education shall provide all necessary support to the special joint commission.

(B) The Funding Plan shall include a formula for the distribution of state aid to education which:

(i) Distributes aid on the basis of actual student needs in addition to a core educational program.

(ii) Includes per pupil cost factors such as, pupil-teacher ratios, teacher and staff compensation, technology investments, educational supplies, teacher training and professional development, those special costs associated with providing education to economically disadvantaged children and children with other special needs and others the commission deems necessary.

(iii) Incorporates per pupil costs based on the lowest cost necessary to achieve efficiency and effectiveness.

(v) Assumes that the municipal share of funding elementary and secondary education is based upon a minimum education property tax levy to support educational programs. No municipality which levies the minimum educational property tax levy and has maintained local effort shall be required to levy additional property taxes to provide for the support and management of elementary and secondary education. Revenue raised in a municipality shall remain in the municipality and not be used for redistribution to other districts.

Municipalities which experience changes in enrollments, are unique due to their size, and/or geographic characteristics, and which by objective criteria are found to provide local support adequate to meet student needs may be exempt from the need to levy the minimum educational property tax levy or meet the maintenance of effort provision.

(vi) Does not prohibit a community from exceeding the minimum property tax levy to reflect its own assessment of local needs.

(vii) Maintains the State School Housing Aid Program (RIGL 16-7-35 to 16-7-47) as a separate program. ADD}

16-79-3. Municipal tax capacity. -- {ADD No later than November 1, 1996, the Director of Administration, by and through the Office of Municipal Affairs in the Department of Administration, shall submit to the joint commission a proposal for measurement of municipal capacity to fund education. ADD}

16-79-4. Financing accountability. -- {ADD In fiscal year 1997, a financial accountability pilot program in no less than ten (10) school districts selected by the Special Joint Commission shall be implemented to clearly track key education investments in Rhode Island and identify the return on such investments shall be implemented. ADD}

16-79-5 . Performance evaluation. -- {ADD Prior to July 1, 1997, the Board of Regents shall submit to the General Assembly a reporting system by which student performance data and accurate comparable financial data can be utilized to evaluate each school district and each school's use of its education resources and which is consistent with laws enacted by the General Assembly which specify reporting requirements. ADD}

SECTION 6. Section 16-5-3 of the General Laws in Chapter 16-5 entitled "State Aid" is hereby amended to read as follows:

16-5-30. Withholding of aid for infraction of laws or regulations -- Report to general assembly. -- The commissioner of elementary and secondary education may for violation or neglect of law or for violation or neglect of rules and regulations in pursuance of law by any city or town or city or town officer or school committee{ADD , or for nonpayment of tuition owed by one community to another including but not limited to those children in state custody, vocational education or special education ADD} order the general treasurer to withhold the payment of any portion of the public money that has been or may be apportioned to the city or town; and the general treasurer upon the receipt in writing of the order shall hold the public money due city or town until such time as the commissioner by writing requests the withheld funds for the purposes of eliminating the violation or neglect of law or regulation that caused said order to be issued, or the commissioner of elementary and secondary education shall notify the treasurer that the city or town has complied with the order as the department shall make in the premises, in which case payment shall be make to the town forthwith. {ADD If the violation is for nonpayment of tuition and it has been determined by the commissioner that the tuition is owed, then the commissioner shall, subject to the debtor community's right to appeal to the superior court, order the general treasurer to deduct the amount owed from the debtor community's school aid and to pay the community which is owed the tuition. ADD} The board of regents for elementary and secondary education shall report to the general assembly annually all infractions of school law which shall be brought to its attention, with a record of such action as the department shall have taken in each instance.

SECTION 7. This article shall take effect July 1, 1996.

SECTION 1. Section 16-1-14 of the General Laws in Chapter 16-1 entitled "State Department of Education" is hereby amended to read as follows:

16-1-14. Breakfast program established. -- (a)(1) For the 1995-1996 school year, any {ADD Any ADD} school district may, with the consent of the Joint Committee on Legislative Services established by section 22-11-1, establish a pilot school breakfast program.

(2) Any costs (other than transportation costs) associated with this program in excess of available federal monies shall be borne exclusively by the state of Rhode Island and not by municipalities.

(b) Nothing in this section shall be interpreted to prevent a school district not covered herein from implementing a school breakfast program in any of its schools.

(c) The department of education may promulgate rules and regulations necessary for implementation of this section in compliance with federal guidelines.

(d) The pilot school program established hereby shall be administered by the Joint Committee on Legislative Services, which shall promulgate regulations governing eligibility for participation in the program.

(e) There shall be appropriated the sum of two hundred thousand dollars ($200,000) to cover the cost of the pilot program established hereby.

SECTION 2. This article shall take effect on July 1, 1996.

SECTION 1. Sections 31-36-3 and 31-36-16 of the General Laws in Chapter 31-36 entitled "Gasoline Tax" are hereby amended to read as follows:

31-36-3. Bond or proof of financial responsibility of a distributor. -- {ADD 31-36-3. Bond of a motor fuel distributor. -- ADD} {ADD (a) ADD} Before the division of taxation shall register a distributor as provided in section 31-36-2, the distributor shall deposit with the general treasurer of this state {ADD the Division of Taxation ADD} a surety bond running to the general treasurer and in form and substance approved by said division, in the amount of one hundred thousand dollars ($100,000) {ADD based upon an estimate of the average annual tax to be paid by the distributor as set forth in section (B) ADD} , with such surety if any as the division may require, conditioned to pay any final judgment obtained against the principal named in the bond for failure to pay any and all taxes assessed under the provisions of this chapter ; {ADD . ADD} provided, however, that any person, association, or corporation furnishing evidence satisfactory to the division of his or its financial responsibility to answer in an amount exceeding two hundred thousand dollars ($200,000) over and above his or its liabilities, but including the fair value of all his or its real estate and tangible and intangible personal property, shall be exempt from the foregoing provision as to the deposit of a bond.

{ADD (b) ADD}

{ADD In no event shall the amount of the bond in this section exceed five million dollars ($5,000,000). ADD}

31-36-16. Payment of tax by persons other than distributors. -- Any person who shall receive fuels in such form and under such circumstances as shall preclude the collection of the tax provided for in this chapter, from the distributors, and shall thereafter sell or use the fuels in such manner and under such circumstances as shall render the sale or use subject to the tax, shall be considered as a distributor, and shall make the same report, pay the same taxes, and be subject to all other provisions of this chapter relating to a distributor of the fuels; excepting, however, that the requirements under this section for the filing of a bond shall be discretionary with the tax administrator, and if the bond is required to be filed it shall be in an amount not to exceed twenty-five thousand dollars ($25,000) {ADD seventy five thousand dollars ($75,000) ADD} .

SECTION 2. This article shall take effect on January 1, 1997.

SECTION 1. Chapter 40-8 of the General Laws entitled "Medical Assistance" is hereby amended by adding thereto the following section:

40-8-13.2. Inpatient Hospital Services Reimbursement Limit. -- {ADD The Department of Human Services is hereby authorized and directed to amend, effective July 1, 1996, for a period ending June 30, 1997, its regulations, fee schedules and the Rhode Island State Plan for Medical Assistance (Medicaid) pursuant to title XIX of the federal Social Security Act to limit reimbursement to in-state and out-of-state hospitals for inpatient services provided to eligible recipients in accordance with this section; provided, however, that this section shall not apply to RIte Care recipients, recipients under the age of eighteen (18) years and the states' public hospital known as the Eleanor Slater Hospital. Authorized inpatient hospital services reimbursement shall be limited to seventy-five thousand dollars ($75,000) per admission provided, however that such limit shall not apply to organ transplant admissions. ADD}

SECTION 2. The Department of Human Services is hereby authorized and directed to amend, effective July 1, 1996, {ADD for a period ending June 30, 1997, ADD} its regulations and the Rhode Island State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act to establish rates of reimbursement to hospitals for outpatient services (other than laboratory services, surgical services and the professional component of radiology services) to eligible recipients equal to sixty percent (60%) of the hospital's ratio of cost to charge for such services.

SECTION 3. The Department of Human Services is hereby authorized and directed to amend, effective July 1, 1996, {ADD for a period ending June 30, 1997, ADD} its regulations, fee schedules and the Rhode Island State Plan for Medical Assistance (Medicaid) pursuant to title XIX of the Federal Social Security Act to reduce rates of reimbursement for physician services provided to eligible recipients by fifteen percent (15%).

SECTION 4. This article shall take effect on July 1, 1996. Any rules or regulations necessary to implement the provisions of this article shall be effective immediately as an emergency rule upon the department's filing thereof with the Secretary of State as it is hereby found that the current fiscal crisis in this state has caused an imminent peril to the public health, safety and welfare, and the department is hereby exempted from the requirements of 42-35-3(b) and 42-35-4(b)(2) only to the extent that it is not required to make the necessary findings of imminent peril to the public health, safety and welfare and file a brief statement of the reasons therefor.

This article shall be repealed in its entirety on June 30, 1997.

SECTION 1. Section 40-8-19 of the General Laws in Chapter 40-19 entitled "Rates of Payment to Nursing Facilities" is hereby amended to read as follows:

40-8-19. Rates of payment to nursing facilities. -- (a) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 23-17, and certified to participate in the title XIX medicaid program for services rendered to medicaid-eligible residents, shall be reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in accordance with 42 USC Sec. 1396 (a) (13). The Department of Human Services shall promulgate or modify principles of reimbursement to be consistent with the provisions of this section and title XIX of the Social Security Act.

(b) For the period ending January 1, 1991 through June 30, 1993, the rates paid by the Rhode Island Medical Assistance Program for services provided to program beneficiaries in nursing facilities licensed pursuant to chapter 23-17, shall have been based on the costs calculated in accordance with facility base years established under the Principles of Reimbursement, TN No. 92-17, adjusted by the percentage change in the National Nursing Home Input Price Index granted on January 1 of each year subsequent to such base years, except that no such adjustment shall be made on January 1, 1994 and that facilities commencing operation (including total replacement facilities) subsequent to calendar year 1991 shall have had their first six (6) months of operation as their base period.

(1) Effective July 1, 1993, allowable costs shall be divided into the following seven (7) cost centers:

(a) Fixed property, which will include real estate, personal property, and fire district taxes;

(b) Other property related, which will include interest, rent/lease, amortization of leasehold improvements, and depreciation;

(c) Management related, which will include all salaries and personnel fees for administrators, managers, officers/owners, other administrative salaries, employer's share of health benefits for such personnel, other fringe benefits for such personnel, home office/central services, computer payroll and data processing charges, accounting/auditing fees, legal services, payroll taxes for such personnel, workers' compensation, group life, pension and retirement insurance for such personnel, utilization review, consultants, pharmacist salaries and services, and other salaries and fees exclusive of salaries and purchased services enumerated in the labor related cost center and of repairs; medical director salaries/fees; physician salaries/fees; salaries;

(d) Energy, which will include fuel, gas and electricity;

(e) OBRA 87, which will include reasonable costs of the following expense elements: medical director; physician salaries/fees, social worker salaries/fees; recreational activities salaries; quality of life; scope of services and activities under plan of care; resident assessment; provisions of services and activities; in-service education/training; physician supervision and clinical records; social services; general rights; transfer and discharge rights; access and visitation rights; equal access to quality care; admission policy; protection of resident funds; posting of survey results; administration; licensing and life safety code; and sanitary and infection control and physical environment;

(f) Labor related, which will include all salaries and personnel costs for nonadministrative and nonmanagement employees including the employee's share of health benefits, other employee fringe benefits, payroll taxes, workers' compensation, group life, pension and retirement insurance for those employees. This classification shall include employee costs and/or purchased service costs for the following categories: dietary, laundry and linen, housekeeping, RN's, LPN's, aides and orderlies, physical therapy and other therapeutic services, recreational activities, social workers, and plant operation and maintenance; and

(g) All Other, which includes all other allowable costs not specifically covered by (a)-(f).

(2) For the fiscal year ending June 30, 1994, and each succeeding fiscal year, per diem maximum allowable costs for each cost center applicable during such fiscal year shall be as follows: (a) for fixed property and OBRA 87, the maximum shall be equal to the cost at the one hundredth (100th) percentile of all continuously operating facilities arrayed in each cost center for calendar year 1991;

(b) For labor related and all other, the maximum shall be equal to the cost at the eightieth (80th) percentile of all continuously operating facilities arrayed in each cost center for calendar year 1991;

(c) For the energy and management related cost center, the maximum shall be equal to the cost at the seventy-fifth (75th) percentile of all continuously operating facilities arrayed in the cost center for calendar year 1991;

(d) For the other property related cost center, the maximum allowable cost will be set at the rate of $18.97, for facilities licensed, under construction or that have made a significant financial commitment by July 1, 1993, or that will have submitted certificate of need applications by June 1, 1993 that will have been approved by September 30, 1993, and for future renovations to the existing bed supply; provided, however, that the reimbursement for depreciation and interest costs attributable to any future additions of bed capacity that exceed the lesser of ten (10) beds or ten percent (10%) of bed capacity or to construction of new facilities will be limited to a maximum equal to the cost at the seventieth (70th) percentile of all continuously operating facilities arrayed in the cost center for calendar year 1991. For those facilities to which the eighteen dollars and ninety-seven cents ($18.97) other property related maximum applies, the cost basis set forth in the principles of Reimbursement TN92-17 and a fifteen dollar ($15.00) maximum shall apply upon change of owner/operator to the new purchaser and/or operator of the facility. All costs, including salaries, must be absorbed within these group ceilings. The total ceiling maximum will be the sum total of the seven (7) cost center ceilings.

(3) Notwithstanding any other provision to the contrary, the National Nursing Home Price Index percentage increase granted on January 1, 1993 shall cover the period January 1, 1993 through June 30, 1994. Commencing with the fiscal year beginning July 1, 1994 and each fiscal year thereafter, {ADD except for the fiscal year beginning July 1, 1996 for which no such price index increase shall be applied, ADD} the annual percentage increase shall be applied to all cost center ceilings. Individual cost center rates will be adjusted by the percentage change in the National Nursing Home Price Index for the twelve (12) month period ending the previous April{ADD ; provided, however, that no such price index adjustment shall be applied for the fiscal year beginning July 1, 1996 ADD} . Said annual percentage increase shall not apply to any facility cost center rate being held harmless pursuant to the provisions of subdivision (6).

The amount of percentage change to be utilized will be the index as reported by the health care financing administration on the first date it is available in the month of April of each year.

(4) The base year system established under the principles of reimbursement, TN #92-17, promulgated by the Department of Human Services will be continued as follows: Commencing with the reporting year 1991, and with every reporting year thereafter, one-third (1/3) of the participating nursing facilities will have a new base year. The prospective rate of each nursing facility with a new base year will be recalculated after the completion of a desk audit of the BM-64 cost report, and will be effective July 1 of the year subsequent to the year in which the cost report was submitted. The recalculated rate will reflect the actual allowable costs as determined by the audit updated by the national nursing home input price Index percentage increase(s) for the year(s) subsequent to the audited year to produce the prospective rate{ADD , except that no such price index adjustment shall be applied for the fiscal year beginning July 1, 1996 ADD} ; provided, however, that the new prospective rate shall not exceed the maximum rates established for each cost center ceiling.

(5) Each nursing facility will report in account No. 470 the expenditure for health care provider assessment. The costs in this line item attributable to program revenue received will be fully recognized for reimbursement. An additional per diem rate will be calculated and added to each nursing facility rate to recognize the reimbursement.

(6) Effective for the year ending June 30, 1994, and for each fiscal year thereafter, to encourage nursing facilities to accept and serve medicaid patients, all participating providers that had an overall medicaid occupancy for the preceding calendar year (e.g. calendar year 1992 for the fiscal year ending June 30, 1994) of eighty percent (80%) or greater will be allowed a .75 cent (75%) participating incentive factor per medicaid patient day, and all participating providers that had an overall medicaid occupancy for the preceding calendar year between fifty percent (50%) or greater but less than eighty percent (80%) will be allowed a .35 cent (35%) participating incentive factor. The participating incentive factor shall be subject to the ceiling maximum.

Effective July 1, 1993, each nursing facility shall receive a prospective rate made up of the allowed rates in each of the seven (7) cost centers, the rate attributable to the health care provider assessment, and, subject to the ceiling maximum applicable to the seven (7) cost centers in the aggregate, each nursing facility eligible shall receive the participating incentive factor. Provided; that for the fiscal year ending June 30, 1994, no nursing facility rate shall be adjusted in the energy, labor related, management related, all other, and other property related cost centers below the rate it was receiving or would have received in those cost centers on June 30, 1993, except for those changes resulting from the normal base year cycle audits and appeals; for the fiscal year ending June 30, 1995, no nursing facility's rate shall be adjusted in the energy, labor related, management related, all other, and other property related cost centers below the rate it was receiving or would have received in those cost centers on June 30, 1994, except for changes resulting from the normal base year cycle audits and appeals; for the fiscal year ending June 30, 1996, no nursing facility's rate shall be adjusted in the energy, labor related, management related, all other, and other property related cost centers below the rate it was receiving or would have received in those cost centers on June 30, 1995, except for changes resulting from the normal base year cycle audits and appeals. Provided, however, that for facilities under construction as of June 30, 1993, the reimbursement rate during the period from July 1, 1993 through June 30, 1995 shall be the lower of their actual cost per day during the first six (6) months of operation or the maximums in effect as of June 30, 1993.

(7) Every nursing facility that participates in the medical assistance program shall, within ninety (90) days of passage, make application for refinancing of existing long term debt through the Rhode Island Port Authority and Economic Development Corporation to the extent that the final interest rate achievable shall be lower than the nursing facility's existing rate. Notwithstanding the provisions of chapter 42-64 or any other provisions of the general laws to the contrary, the Rhode Island port authority and economic development corporation is hereby authorized and empowered to participate in the refinancing of long term debt of nursing facilities as provided in this subsection.

(8) Every nursing facility that participates in the medical assistance program shall, within ninety (90) days of passage file an appeal with the Department of Business Regulation for workers' compensation rate relief on the basis of worker classification revisions.

(9) If a facility fails to file such an appeal with the Department of Business Regulation for workers' compensation rate relief, the reimbursement rate in the labor and payroll related cost center will be reduced by an amount equal to the medicaid proportion of the cost that would have been saved had the facility filed and been successful in such appeal.

(10) All of the medicaid proportion of reductions of costs from refinancings and worker compensation savings achieved through the cooperative efforts of the department and individual facilities, including rebates for prior years workers' compensation costs, will be paid in their entirety to the state forthwith after such savings are realized by the facility.

(11) Rates determined under this section shall be in compliance with all applicable federal laws and regulations and any necessary Title XIX and state plan approval.

(12) It is the intent of this chapter that quality health care be delivered with full recognition of the need for cost containment. To the extent the state identifies any indication of violations of the cost containment philosophy inherent herein, it may disallow the costs involved subject to the right of the affected nursing facility to appeal such disallowance in a hearing before an adjudicative hearing officer of the Rhode Island Department of Human Services. Such appeal shall be conducted in accordance with chapter 35 of title 42. Costs of such appeals will be borne by the appellants. In such proceedings, the burden of proof shall be on the nursing facility to rebut the state's finding by clear and convincing evidence.

SECTION 2. This article shall take effect July 1, 1996.

SECTION 1. Section 44-30-2 of the General Laws in Chapter 44-30 entitled "Personal Income Tax" is hereby amended to read as follows:

44-30-2. Rate of tax. -- (a) {ADD General. ADD} (1)(i) A Rhode Island personal income tax is imposed upon the Rhode Island income of residents and nonresidents, including estates and trusts, for the period January 1, 1971 through June 30, 1971 equal to twenty percent (20%) of one-half (1/2) of the taxpayer's federal income tax liability for the taxable year commencing January 1, 1971; for the period July 1, 1971 through December 31, 1971 equal to fifteen percent (15%) of one-half (1/2) of the taxpayer's federal income tax liability for the taxable year commencing January 1, 1971; and for each taxable year on and after January 1, 1972, and ending on or before December 31, 1974 equal to the fifteen percent (15%) of the taxpayer's federal income tax liability; for each taxable year on and after January 1, 1975 and ending on or before December 31, 1977 equal to seventeen percent (17%) of the taxpayer's federal income tax liability; for each taxable year ending after December 31, 1977 equal to nineteen percent (19%) of the taxpayer's federal income tax liability; for each taxable year ending after December 31, 1980 equal to nineteen and twenty-four one-hundredths percent (19.24%) of the taxpayer's federal income tax liability; for each taxable year ending after December 31, 1981 equal to twenty-one and nine-tenths percent (21.9%) of the taxpayer's federal income tax liability; for the period January 1, 1983, through June 30, 1983, equal to twenty-seven and five-tenths percent (27.5%) of the taxpayer's federal income tax liability; for the period July 1, 1983, and through June 30, 1984 equal to twenty-six percent (26%) of the taxpayer's federal income tax liability; for the period July 1, 1984 and through December 31, 1984 equal to twenty-four and nine-tenths percent (24.9%) of the taxpayer's federal income tax liability; in accordance with subsection (2) of this section for the period January 1, 1985 through June 30, 1985, equal to twenty-three and sixty-five one-hundredths percent (23.65%) of the taxpayer's federal income tax liability; for the period July 1, 1985, through December 31, 1985, equal to twenty-two and sixty-five one hundredths percent (22.65%) of the taxpayer's federal income tax liability; in accordance with subsection (3) of this section for January 1, 1986 and thereafter shall be equal to twenty-two and twenty-one one-hundredths percent (22.21%) of the taxpayer's federal income tax liability; in accordance with the Tax Reform Act of 1986, ›codified primarily at 26 U.S.C. Sec. 1 et seq.! for the period January 1, 1987 through June 30, 1987 shall be equal to twenty-three and ninety-six one-hundredths percent (23.96%) of the taxpayer's federal income tax liability; for the period July 1, 1987 through December 31, 1990 shall be equal to twenty-two and ninety-six one-hundredths percent (22.96%) of the taxpayer's federal income tax liability; for the period January 1, 1991 through June 30, 1992 and for the period January 1, 1994 and thereafter shall be equal to twenty-seven and five-tenths percent (27.5%) of the taxpayer's federal income tax liability; for the period July 1, 1992 through December 31, 1992 if the taxpayer's federal income tax liability is fifteen thousand dollars ($15,000) or less shall be equal to twenty-seven and five-tenths percent (27.5%) of the taxpayer's federal income tax liability but if the taxpayer's federal income tax liability is greater than fifteen thousand dollars ($15,000) shall be the sum of twenty-seven and five-tenths percent (27.5%) of the taxpayer's federal income tax liability up to and including fifteen thousand dollars ($15,000) and thirty-two percent (32%) of the taxpayer's federal income tax liability in excess of fifteen thousand dollars ($15,000).

(ii) The effective rate for the year 1983 shall be equal to twenty-six and seventy-five hundredths percent (26.75%) of the taxpayer's federal income tax liability. The effective rate for the year 1984 shall be equal to twenty-five and five-tenths percent (25.5%) of the taxpayer's federal income tax liability.

(iii) The effective rate for the year 1985 shall be equal to twenty-three and fifteen hundredths percent (23.15%) of the taxpayer's federal income tax liability. The effective rate for the year 1987 shall be twenty-three and forty-six one-hundredths percent (23.46%) of the taxpayer's federal income tax liability.

(iv) For the year 1992, if the taxpayer's federal income tax liability for the year is greater than fifteen thousand dollars ($15,000), the effective rate on such federal income tax liability in excess of $15,000 shall be twenty-nine and seventy-five one hundredths percent (29.75%).

(v) The personal income tax rate for the year 1993 shall be in accordance with the following schedules:

The above rate table may not be used by a taxpayer who files a federal Schedule D and has taxable income in excess of $115,000.00. Those individuals must file a Rhode Island Schedule D.

The above rate table may not be used by a taxpayer who files a federal Schedule D and has taxable income in excess of $140,000.00. Those individuals must file a Rhode Island Schedule D.

The above rate table may not be used by a taxpayer who files a federal Schedule D and has taxable income in excess of $70,000.00. Those individuals must file a Rhode Island Schedule D.

The above rate table may not be used by a taxpayer who files a federal Schedule D and has taxable income in excess of $127,500.00. Those individuals must file a Rhode Island Schedule D.

The above rate table may not be used by a taxpayer who files a federal Schedule D and has taxable income in excess of $5,500.00. Those individuals must file a Rhode Island Schedule D.

(vi) The purpose of the 1993 rate schedules and/or the Rhode Island Schedule D shall be such that a taxpayer's 1993 Rhode Island personal income tax liability shall remain the same as it would have been prior to the enactment of the Federal Omnibus Budget Reconciliation Act of 1993.

(vii) For the year 1994 and thereafter the rate for the year shall be twenty-seven and five-tenths percent (27.5%) of the taxpayers entire federal income tax liability.

(2) In the event that the indexing of the federal personal income tax scheduled to take effect on January 1, 1985, as enacted by the Economic Recovery Tax Act of 1981, ›26 U.S.C. Sec. 1 et seq.! does take effect or is replaced by similar legislation, as the result of an action of the United States Congress, then the Rhode Island personal income tax rate as set forth in subsection (a)(1) of this section above for the period January 1, 1985, and through June 30, 1985 shall be changed and be equal to twenty-three and sixty-five one-hundredths percent (23.65%) of the taxpayer's federal income tax liability.

(3) In the event that the indexing of the federal personal income tax scheduled to take effect on January 1, 1986, as enacted by the Economic Recovery Tax Act of 1981 ›26 U.S.C. Sec. 1 et seq.! does take effect or is replaced by similar legislation as the result of an action of the United States Congress, then the Rhode Island personal income tax rate as set forth in subsection (a)(1) of this section above for the period January 1, 1986, and thereafter shall be changed and be equal to twenty-two and twenty-one one-hundredths percent (22.21%) of the taxpayer's federal income tax liability.

(b) {ADD Federal income tax liability. ADD} Federal income tax liability shall be the amount of federal income tax {ADD without deduction for any new federal credit(s) enacted after January 1, 1996, ADD} (excluding self-employment tax, social security tax or any supplemental medicare premium or supplemental premium surcharge imposed by medicare catastrophic coverage act of 1988 P.L. 100-360) ›codified primarily at 42 USC section 1395 et seq.! which the taxpayer would have been liable if the taxpayer had paid federal income tax based on federal taxable income as adjusted by the modifications provided in parts II and III of this chapter and the federal taxable income shall not include modifications which would decrease federal taxable income resulting from the applications of section 15 of chapter 489 of the public laws of 1923 as amended by section 8 of chapter 151 of the public laws of 1963; section 28-17-3, subsection 36-10-32, subsection 45-21-45, or any other sections of Rhode Island law which would provide or would be construed to provide that any pension, annuity, retirement allowance, benefit, or right shall be exempt from any state tax.

(c) {ADD Cross references. ADD} For credit in respect of:

(1) Taxes withheld on wages, see section 44-30-73;

(2) Taxes imposed on a resident by other states, see section 44-30-18;

(3) Taxes overpaid for a prior taxable year, see section 44-30-86.

(d)(1) There shall be allowed as a credit against the Rhode Island personal income tax otherwise due for a taxable year, commencing for the tax year 1988, a contribution of five dollars ($5.00), or ten dollars ($10.00) if married and filing a joint return, to the account for the public financing of the electoral system. The first two dollars ($2.00), or four dollars ($4.00) if married and filing a joint return, shall go to a political party as defined in section 17-12.1-12 to be designated by the taxpayer or to a nonpartisan account if so indicated up to a total of two hundred thousand dollars ($200,000) collectively for all parties and the nonpartisan account. The remainder shall be deposited as general revenue.

(2) The credit for the public financing of the electoral system shall appear on the face of the state personal income tax return. The tax administrator shall annually forward by August 1, all contributions to the state general treasurer and the treasurer shall annually remit by September 1, the designated partisan contributions to the chairman of the appropriate political party and the contributions made to the nonpartisan general account shall be allocated by the state general treasurer to each political party in proportion to the combined number of votes its candidates for governor received in the previous election, after five percent (5%) of the amount in the account is allocated to each party for each general officer elected in the previous statewide election. Each political party may expend moneys received under this provision for all purposes and activities permitted by the laws of Rhode Island and the United States, except that no such moneys shall be utilized for expenditures to be directly made or incurred to support or defeat a candidate in any election within the meaning of chapter 25 of title 17, or in any election for any political party nomination, or for political party office within the meaning of chapter 12 of title 17. The remaining funds shall be allocated for the public financing of campaigns for governor as set forth in sections 17-25-19 through 17-25-27.

(e)(1) Notwithstanding the provisions of subsection (a) above for taxable years ending after December 31, 1980, in the event that during a period when the general assembly is not in session a change is made in the provisions of the Internal Revenue Code of the United States and amendments thereto, or other provisions of the law of the United States relating to federal income taxes, or the rules and regulations issued under these laws that alters the taxpayer's federal income tax liability, the tax administrator is herewith directed to so change the Rhode Island personal income tax rate of the taxpayer's federal income tax liability as to thereby retain the tax product upon receipt of which state appropriations were predicated.

(2) The rate so set by the tax administrator will be effective until such time as the general assembly shall ratify this rate or set a different rate.

SECTION 2. This article shall take effect upon passage.

SECTION 1. Sections 42-56.1-2 and 42-56.1-3 of the General Laws in Chapter 42-56 entitled "Correctional Officers' Incentive Pay Plan" are hereby amended to read as follows:

42-56.1-2. Eligibility. -- (a) Any full time correctional officer employed by the department of corrections including all ranks up to and including deputy assistant director of adult services shall be eligible for the plan as established in this chapter provided he or she accumulates the requisite number of points under the schedule set forth in section 42-56.1-3 and provided further that the eligible member agree in writing to remain as an eligible staff member of the department of corrections for the length of time as specified according to the following formula:

(b) If the employee retires or fails to complete his or her employment as indicated above, he or she will forfeit that portion of his or her incentive pay, computed from the date of employment termination up to and including the final date of employment obligation, pursuant to the above formula.

(c) Eligible staff members, enrolled in courses defined herein on May 21, 1975, must obtain an A.S. degree, or its equivalent, within four (4) years of October 29, 1974 or a B.S. degree within eight (8) years of October, 1974. Failure to achieve the A.S. or B.S. within the specified time shall make the member ineligible for further educational incentive payments.

(d) Thereafter, eligible staff members, in order to qualify for educational incentive payments, who enroll in a course leading to an A.S. or its equivalent or a B.S. degree or its equivalent, must complete those courses and obtain the degree within four (4) years of the enrollment in the case of A.S. degrees and eight (8) years of the enrollment in the case of B.S. degrees.

42-56.1-3. Incentive steps. -- Advancement to each of the incentive salary steps shall be based on a point system as set forth in 42-56.1-5 and shall be accomplished as follows:

SECTION 2. This article shall take effect on July 1, 1996.

SECTION 1. Sections 29-3.1-1, 29-3.1-4.1, 29-3.1-5, 29-3.1-6, 29-3.1-7, and 29-3.1-8 of the General Laws in Chapter 29-3.1 entitled "Libraries" are hereby amended to read as follows:

29-3.1-1. Department established -- Control. -- There shall be a department of state library services, control of which shall be vested in the director of state library services. Within the department of state library services there shall be such divisions as may be established from time to time by the director. {ADD Office of library and information services. -- ADD}{ADDWithin the department of administration there shall be an office of library and information services under the direction of a chief information officer who shall be appointed by the director of administration with the approval of the governor. ADD} The department of state library services {ADD office ADD} is hereby empowered to cooperate with the secretary of education of the United States of America in the carrying out of the purposes of any and all acts of congress for the benefit of library {ADD and information ADD} services within this state. The department of state library services {ADD office ADD} is hereby designated as the agency for the administration of any plan or plans heretofore or hereafter formulated in conformity with any act or acts of congress and is authorized to administer any such plan or plans and to enter into such agreements with the secretary of education of the United States of America as may be from time to time required under this chapter or any acts or act of congress, and from time to time amend any plan or plans except any plan, or plans, or agreements, formulated or entered into or to be administered by the board of regents, board of governors, or the secretary of state.

29-3.1-4.1. Powers and duties of library board. -- (a) The library board shall communicate with and seek the advice of the director of state library services {ADD chief information officer ADD} and all those concerned with and affected by its determinations as a regular procedure in arriving at its conclusions and in setting policy. The library board, however, shall not engage in the operation or administration of any library , except its own department of state library services .

(b) The library board shall have the following powers and duties:

(1) To approve a systematic program of information gathering, processing, and analysis addressed to every aspect of public library development and interlibrary cooperation and resource sharing in this state especially as that information relates to current and future library and information service needs, so that current needs may be met with reasonable promptness and plans formulated to meet future needs as they arise in the most efficient and economical manner possible;

(2) To approve a master plan defining broad goals and objectives for public library development and interlibrary cooperation and resource sharing in the state. These goals and objectives shall be expressed in terms of the library and information services to which individuals will have access. The library board shall continually evaluate the efforts and results of the library and information services in the light of these objectives;

(3) To approve board policy to implement the goals and objectives established and adopted by the library board from time to time; and to adopt and require enforcement of standards and regulations for public library services and interlibrary cooperation and resource sharing;

(4) (i) To adopt a total budget for the department of state library services and state aid for public library services and interlibrary cooperation and resource sharing;

(ii) In the preparation of this budget, and in the allocation of its total appropriation, the library board shall determine priorities of expenditures of state revenues and other public resources made available for the support of public library development and interlibrary cooperation and resource sharing purposes; provided that nothing contained in this subsection shall authorize the library board to alter the allocation of grants or aid otherwise provided by law;

(5) To approve annually the program for the use of federal funds submitted to the United States department of education;

(6) To maintain a department of state library services and to provide for its organization;

(7) {ADD (6) ADD} To establish such committees as necessary or desirable for the conduct of any or all aspects of public library development and interlibrary cooperation and resource sharing, and to determine all powers and functions as well as composition of established committees and to dissolve the committees when their purpose shall have been fulfilled; provided that nothing contained in this paragraph shall be construed to grant the library board the power to establish subcommittees performing the duties and functions of local boards of trustees;

(8) {ADD (7) ADD} To exercise the following functions, powers, and duties:

(i) To be responsible for the distribution of state aid funds for public library development and interlibrary cooperation and resource sharing;

(ii) To approve standards and regulations for public library development and interlibrary cooperation and resource sharing;

(iii) To enforce the provisions of all laws relating to public library services and interlibrary cooperation and resource sharing;

(iv) To decide and determine appeals from decisions {ADD relating to libraries ADD} of the director {ADD chief information officer ADD} ;

(9) {ADD (8) ADD} To exercise all other powers with relation to the field of public library development and interlibrary cooperation and resource sharing within this state not specifically granted to any other department, board, or agency, and not incompatible with law, which the library board may deem advisable;

(10) {ADD (9) ADD} To otherwise promote maximum efficiency and economy in the delivery of public library services and interlibrary cooperation and resource sharing in the state;

(11) {ADD (10) ADD} To submit to the governor and general assembly an annual progress report on the condition of public library services and interlibrary cooperation and resource sharing.

29-3.1-5. Director of state library services -- Appointment and qualifications. -- {ADD 29-3.1-5. Chief information officer -- Appointment and qualifications. -- ADD} There shall be a director of state library services {ADD chief information officer ADD} to be appointed by the {ADD director of administration with the approval of the ADD} governor with the advice and consent of the senate to serve at the pleasure of the governor . The director {ADD chief information officer ADD} shall hold a graduate degree in library science from an accredited library school or an undergraduate degree in library science from an accredited library school of library science and have five (5) years of experience in library administration.

29-3.1-6. Compensation of director. {ADD29-3.1-6.Compensation of chief information officer. --ADD} The director of state library services {ADD chief information officer of the office of library and information services ADD} shall be in the unclassified service of the state and shall receive such salary as the {ADD director of administration with the approval of the ADD} governor may determine.

29-3.1-7. Duties of director. {ADD29-3.1-7.Duties of chief information officer. --ADD} {ADD chief information officer. -- ADD} The director of state library services {ADD chief information officer ADD} shall be the executive and administrative officer in charge of the department of state library services {ADD office of library and information services ADD} . The position of director {ADD chief information officer ADD} shall be in the unclassified service of the state and he or she shall serve as the chief executive officer of the library board and as the chief administrative officer of the department of state library services . The director {ADD chief information officer ADD} shall also carry out the duties required by this chapter and by chapters 5 and 6 of this title. In addition to the general supervision of the department of state library services {ADD office of library and information services ADD} and the appointment of the several officers and employees of the department {ADD office ADD} , it shall be the duty of the director of state library services {ADD chief information officer ADD} :

(1) To develop a systematic program of information gathering, processing, and analysis addressed to every aspect of public library development and interlibrary cooperation and resource sharing in this state especially as that information relates to current and future library and information service needs, so that current needs may be met with reasonable promptness and plans formulated to meet future needs as they arise in the most efficient and economical manner possible;

(2) To develop a master plan defining board goals and objectives for public library development and interlibrary cooperation and resource sharing in the state. These goals and objectives shall be expressed in terms of the library and information services to which individuals will have access;

(3) To communicate with and seek the advice of those concerned with and affected by the library board's determinations;

(4) To develop and implement board policy as it pertains to the goals and objectives approved by the library board from time to time;

(5) To enforce standards and to exercise general supervision over interlibrary cooperation and resource sharing in the state;

(6) To prepare for the library board's approval a total state library services budget which shall include, but not be limited to, the budget of the department of state library services and state aid for public library development and interlibrary cooperation and resource sharing;

(7) To present annually, with the assistance of the library board, the total state library services budget to the state budget officer;

(8) {ADD(6) ADD} To develop annually the program for the use of federal funds that is submitted to the United States department of education;

(9) {ADD (7) ADD} To supervise the operation of the department of state library services {ADD office of library and information services ADD} as defined elsewhere in this title and such other additional duties and responsibilities as may be assigned by the library board from time to time; and

(10) {ADD (8) ADD} To supervise the following functions:

(i) To distribute state funds for public library development and interlibrary cooperation and resource sharing in accordance with law and regulations of the library board;

(ii) To develop standards and regulations for public library development and interlibrary cooperation and resource sharing;

(iii) To certify that public library standards and services are in accordance with law and regulations of the library board;

(iv) To require the observance of all laws relating to public library services and interlibrary cooperation and resource sharing;

(v) To interpret library law;

(vi) To give assistance, advice and counsel to public libraries and to participants in interlibrary cooperation and resource sharing activities;

(vii) To require that information and statistics necessary to do the work of the department of state library services {ADD office of library and information services ADD} be collected, to publish findings and reports thereon;

(viii) To provide eligible blind and physically handicapped citizens with library services through a regional library for the blind and physically handicapped in cooperation with the library of congress national library service for the blind and physically handicapped;

(ix) To cooperate with the commissioner of elementary and secondary education in supporting and encouraging effective school library media services and their integration into statewide library networking activities;

(x) To cooperate with the state librarian and the state law librarian in strengthening services to library users;

(xi) To cooperate with the commissioner of higher education in supporting and encouraging effective library services through the state system of higher education; and

(xii) To coordinate with all other state departments and agencies in the provision of library services to state government and to the public.

29-3.1-8. Gifts, donations, and funds. -- The director of state library services {ADD chief information officer ADD} may accept donations of funds or property, real or personal with the approval of the director of administration, for the department of state library services {ADD office of library and information services ADD} or any of its divisions . The director of state library services {ADD chief information officer ADD} shall be the authorized agent to accept, and receive, any and all funds, moneys, or library materials granted, furnished, provided, appropriated, and/or dedicated or made available by the United States of America or any of its departments, commissions, boards, bureaus, or agencies for library services in the state of Rhode Island other than funds, moneys, or library materials granted, furnished, provided, appropriated, and/or dedicated or made available directly to any agency or institution. The director of state library services {ADD chief information officer ADD} shall turn over to the general treasurer for proper custody and safekeeping all the funds paid to the state from the federal treasury or other donating agency.

SECTION 2. Sections 29-3.1-2, 29-3.1-3, 29-3.1-4, 29-3.1-9, 29-3.1-10, 29-3.1-11, and 29-3.1-12 of the General Laws in Chapter 29-3.1 entitled "Libraries" are hereby repealed.

29-3.1-2. Advisory board of library commissioners -- Appointment of members. -- There shall be an advisory board of library commissioners which shall consist of seven (7) members who shall be residents of this state, five (5) of whom shall be appointed by the governor as herein provided. In the first instance one member shall be appointed to the board for a five (5) year term, one member for a four (4) year term, one member for a three (3) year term, one member for a two (2) year term and one member for a one year term; the members to hold office until the first day of May in the years in which their respective terms end, and until their respective successors are appointed and qualified. Thereafter, in the month of April in each year, the governor shall appoint one member of the board for a five (5) year term to succeed the member whose term will next expire, to hold office until the first day of May in the fifth year after his or her appointment and until his or her successor is appointed and qualified. The other two (2) members of the board shall be appointed in the following manner: The speaker of the house of representatives shall appoint one member of the house to hold office during the term of his or her tenure in the house of representatives. The lieutenant governor shall appoint one member of the senate to hold office during the term of his or her tenure in the senate. Any vacancies shall be filled by the appointing authority. At all times, at least two (2) members of the board shall be professional librarians, at least one member of the board shall be a trustee of a public library in Rhode Island, and at least one member of the board shall be an educator. The director of state library services shall serve as secretary of the board without vote.

29-3.1-3. Reimbursement of advisory board members. -- Members of the advisory board of library commissioners shall serve without compensation but shall be entitled to receive reimbursement for reasonable, actual, and necessary expenses incurred in the performance of their duties.

29-3.1-4. Powers and duties of advisory board. -- The advisory board of library commissioners is hereby empowered:

(5) To serve as representative of the people in securing a comprehensive program of free public library services in the state.

29-3.1-9. Budget, appropriations, and disbursements. -- The director of state library services shall present a budget for all activities and maintenance of the department of state library services, including all necessary professional, semi-professional, clerical, janitorial, and other staff, for books, periodicals, maps, binding, micro-reproduction, supplies, equipment, etc., and for all necessary expenses incurred in the execution of the duties assigned to the department. The general assembly shall annually appropriate such sums as it may deem necessary for the department of state library services; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of these sums, or so much thereof as may be from time to time required, upon his or her receipt of duly authenticated vouchers.

29-3.1-10. Staff. -- The director of state library services is authorized and empowered to appoint all necessary professional and nonprofessional staff for the several divisions of the department. In appointing professional staff there shall be no qualifications restricting the appointment to residents of the state nor shall there be any qualifications regarding political party affiliation. The employees shall be in the unclassified service.

29-3.1-11. Annual report. -- The director of state library services shall annually make a report to the governor, who shall transmit the report to the general assembly at the January session, on the condition of the department of state library services at the end of the preceding fiscal year, on the activities of the department of state library services, and on the condition and state of the book collections and other collections maintained by the department; and the director of state library services shall include therein such recommendations as he or she may deem advisable for the welfare of the department of state library services.

29-3.1-12. Transfer of powers and functions from department of state library services. -- There are hereby transferred to the department of administration.

(3) So much of other functions or parts of functions, employees and resources, physical and funded, related thereto, of the director of state library services as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and (2) of this section.

SECTION 3. Chapter 29-3.1 of the General Laws entitled "Libraries" is hereby amended by adding thereto the following section:

29-3.1-13. Transfer of responsibilities. -- {ADD (a) Whenever, in any general or public law, there shall appear the words "department of state library services" or "state library services," such words shall be deemed to refer to and to mean the "office of library and information services." Whenever, in any general or public law, there shall appear the words "director of library services," such words shall be deemed to refer to and to mean the "chief information officer."

(b) In addition to the powers and duties otherwise granted, the chief information officer shall supervise those functions of the Department of Administration described in subsections (u) and (v) of section 42-11-2 and such fucntions relating to library and/or information services described in section 42-11-2(w). ADD}

SECTION 4. Sections 29-6-9 of the General Laws in Chapter 29-6 entitled "State Aid to Libraries" is hereby amended to read as follows:

29-6-9. Rhode Island library network. -- (a) In order to provide each individual in Rhode Island with equal opportunity of access to resources that will satisfy their and society's information needs and interests, the department of state library services is hereby authorized to establish a Rhode Island library network to be administered by the department of state library services for the purpose of maintaining, promoting, and developing a program of statewide resource sharing and interlibrary cooperation. The department of state library services shall include as part of its budget a budget for the administration and operation of the Rhode Island library network to:

(1) provide central support services for the Rhode Island library network, such as delivery of materials, telecommunications, consultant services, and access to bibliographic and other information sources;

(2) reimburse libraries for the actual cost of providing services to individuals outside the library's primary clientele; and

(3) support the development, maintenance of, and access to the resource sharing potential embodied in specialized collections and services at the Providence public library and other libraries which can be provided most cost-effectively on a statewide basis.

(b) By fiscal year 2000, the state shall provide from state and federal revenue sources one hundred percent (100%) of the funding for the following statewide library services: (1) Reference resource center at the Providence public library; < P>

(2) Interlibrary delivery system;

(3) Interlibrary telecommunications system;

(4) Electronic interlibrary loan system;

(5) Library holdings database;

(6) Cooperating libraries automated network; and

(7) The Rhode Island library film cooperative .

SECTION 5. Sections 29-6-12 of the General Laws in Chapter 29-6 entitled "State Aid to Libraries" is hereby repealed.

29-6-12. Rhode Island library film cooperative. -- The department of state library services is hereby authorized to establish the Rhode Island library film cooperative in order that public library film services may be coordinated on a cooperative basis. The department shall designate a public library as the public library film center, which public library shall enter into an agreement with the department to administer public library film services for public libraries throughout the state. The Rhode Island public library so designated hereunder shall be eligible for an annual grant-in-aid, in addition to any grants-in-aid provided by this chapter, of not less than twenty-five thousand dollars ($25,000).

SECTION 6. Title 29 of the General Laws entitled "Libraries" is hereby amended by adding thereto the following chapter:

29-8-1. Legislative findings - Policy. -- {ADD (1) Information and information resources residing in the various executive branch agencies of state government are strategic assets belonging to the people of Rhode Island that must be managed as valuable state resources;

(2) Technological and theoretical advances in information use are recent in origin, immense in scope and complexity, and change at a rapid rate which presents Rhode Island with the opportunity to provide higher quality, more timely, and more cost effective government services to ensure standardization, inter-operability, and inter-connectivity;

(3) Considerations of cost and the need for the transfer of information among executive branch agencies of state government in the most timely and useful form possible require a uniform policy and coordinated approach for the use and acquisition of information resources and technologies;

(4) It is the policy of the State of Rhode Island to coordinate and direct the use of information resources and technologies to provide the most cost-effective and useful development, management, exchange, and retrieval of information by its elected and appointed officials and citizens;

(5) It is the intent of the State of Rhode Island that an information resources management board be created to develop and implement plans for the effective and efficient use of information technology, computers, telecommunications, and related systems throughout the executive branch and to participate in discussions of the same planning for all branches of state government. ADD}

29-8-2. Definitions. -- {ADD (1) "Board" means the Rhode Island information resources management board;

(2) "Communications" or "telecommunications" means any transmission, emission, or reception of signs, signals, writings, images, and sounds of intelligence of any nature by wire, radio, optical, or other electromagnetic systems, and includes all facilities and equipment performing these functions;

(3) "Information resources" means the procedures, equipment materials, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and associated personnel;

(4) "Information resources management" means the planning, budgeting, organizing, directing, training, and accountability associated with the government information. The term encompasses both information itself and the related resources associated with its use;

(5) "Information resources management architecture" means the orderly arrangement of policies, standards, and guidelines for managing information technology resources for the purpose of maximizing the interconnection and efficiency of these resources, and the ability of users to share and optimize the information resources;

(6) "Information technologies" means data processing and telecommunications hardware, software, services, supplies, facilities, maintenance, and training which are used to support information processing and telecommunications systems;

(7) "Office" means the office of library and information services; and

(8) "Project" means a program to provide information technologies support to functions within an executive branch state agency, which should be characterized by well defined parameters, specific objectives, common benefits, planned activities, expected outcomes and completion dates, and an established budget with a specified source of funding. ADD}

29-8-3. Board established. -- {ADD There is hereby created the Rhode Island information resources management board, hereafter called the board. It shall be the responsibility of the board to coordinate and guide the application of information technologies and resources in the executive branch of state government. ADD}

29-8-4. Appointment of members of the board. -- {ADD The board shall consist of:

(a) Three (3) department directors from the executive branch appointed by the governor;

(b) The state budget director or his/her designee;

(c) The secretary of state or his/her designee;

(d) The chief information officer of his/her designee;

(e) One (1) representative from the public universities to be appointed by the governor from a list of three (3) persons submitted by the commissioner of higher education.

(f) Two (2) citizen members from the private sector with information resources management knowledge and experience to be appointed by the governor;

(g) One (1) citizen who is a consumer of government information to be appointed by the governor;

(h) One (1) representative of local government appointed by the governor;

(i) The president of the Rhode Island league of cities and towns or his/her designee;

(j) The chair of the library board of Rhode Island or his/her designee;

(k) The commissioner of higher education or his/her designee;

(l) The commissioner for elementary and secondary education or his/her designee;

(m) One (1) member of the press to be appointed by the governor from a list of three (3) persons submitted by the president of the Rhode Island press association;

(n) The executive director of the Rhode Island public telecommunications authority or his/her designee; and

(o) The chair or the senate finance committee or his/her designee and the chair of the house finance committee or his/her designee shall also serve on the board. ADD}

29-8-5. Officers. -- {ADD The governor shall appoint from the board's members a chairperson; the board shall elect from its members any other officers it considers essential. ADD}

29-8-6. Term of office. -- {ADD (a) The term of office of the members specified in 29-8-4 (b), (c), (d), (e), (j), (k), (l), (m), (o) and (p) shall be the same as the term of office by virtue of which they serve upon the board.

(b) The terms of the department directors appointed pursuant to 29-8-4(a) of this section shall be established in the board's operating policies or bylaws to be not less than two (2) years.

(c) All other members of the board appointed pursuant to 29-8-4 of this section shall serve for a term of four (4) years. Vacancies in the membership of the board shall be filled in the same manner as the original appointments. If a nominating organization changes its name, the subsequent organization having the same responsibilities and purposes shall be the nominating organization. ADD}

29-8-7. Compensation. -- {ADD Members of the board shall serve without compensation. ADD}

29-8-8. Quorum. -- {ADD A majority of the members shall constitute a quorum for the transaction of business. Members' designees shall have voting privileges at board meetings. ADD}

29-8-9. Meetings - Reports. -- {ADD The board shall meet at least four (4) times each year and report its findings no less than semiannually to the governor and the general assembly. All reports of the board shall be made available to the general public. In addition, the board, upon the call of the officers, may hold meetings at any time it deems necessary. The board may establish committees or work groups composed of board and non-board members as necessary to advise the board in carrying out its responsibilities, duties and powers. Persons connected with the automated information and communications resources industries may participate on boards or work groups, but shall not have a vote. The board may adopt bylaws and operating policies necessary for its efficient and effective operation. ADD}

29-8-10. The board's roles and duties. -- {ADD (a) Providing overall leadership, policy direction, strategic planning and coordination of information resources management for the executive branch of state government and public universities, including public access to appropriate state government information resources.

(b) Formulation of a five (5) year statewide information resources management plan, to be updated every two (2) years, from long-range information resources management plans submitted by agencies of the executive branch, including the public universities, as the board may require;

(c) Defining, maintaining, and publishing a timely information resources management architecture relating to the management of information resources by executive branch state agencies, and implementing processes and procedures to ensure compliance with the information resources management architecture;

(d) Coordinating, through policy and interagency agreements and monitoring, an appropriate program of training and education for executive branch state and local agencies regarding strategic information systems planning, and the selection and use of information technologies to facilitate effective information resources management, appropriate employee skill building, and career development;

(e) Promoting executive level awareness, support, and involvement with information resources management throughout the executive branch of government;

(f) Reviewing executive branch agency five (5) year strategic information resources plans, and forwarding those plans with findings and recommendations to the agency head, the governor's policy office, the budget office and the general assembly for use during the preparation and enactment of the annual budget;

(g) Identifying and assessing opportunities for multi-agency development and use of information resources, or the development of executive branch agency projects which would improve the quality and availability of information;

(h) Establishing and maintaining relationships with other planning organizations as necessary to ensure coordination and implementation of comprehensive statewide strategies involved with, or affected by, information technology;

(i) Establishing and maintaining information dissemination service or clearinghouse for;

(1) Current practices of state agencies regarding information resources management;

(2) Emerging and advancing information resources technologies;

(3) Information resources vendor performance in the public sector;

(4) Technical resources in the state; and

(5) Elements of the information resources management architecture;

(j) Establishing and maintaining research and development capacity for beneficial applications of information resources technology for the state's public sector, which includes:

(1) Conducting research on current and emerging information resources technologies and their potential to enhance governmental services;

(2) Sponsoring and evaluating pilot projects to assist with the successful adoption by other state agencies;

(k) Fostering and encouraging the interest and cooperation of the state information resources technology community for improvement and enhancement of public services delivery;

(l) Serving as catalyst for information technology advancements in the public sector;

(m) Recommending procedures and legislation to improve the accessibility of machine readable public records by state agencies, citizens, and businesses; and

(n) Recommending procedures and legislation to ensure the privacy of individuals, with particular emphasis on the potential for invasion of individual privacy. ADD}

29-8-11. Staff. -- {ADD The staff of the office of library and information services shall assist the board in the formulation of the statewide electronic data processing plan and provide necessary support for its research activities. Staff shall be knowledgeable in the management of information systems. To accomplish the board's work, all public universities, departments, divisions, agencies and officers of the state shall furnish the board necessary assistance, resources, information, records or advice as it may require which is pertinent to the subject matter being studied. ADD}

29-8-12. Information Resources Management Plan. -- {ADD The five (5) year statewide information resources management plan shall:

(1) Take into account projected information resource requirements of the executive branch of state government, including its departments, officers, agencies, and subdivisions; public universities; and local government. Particular emphasis shall be placed on coordination of strategic planning for computerized information resources systems and state and local government information transfers.

(2) Establish long range policy guidelines and strategies at the state level to be used by executive branch agencies in the development and implementation of their own information technology and resources management plans;

(3) Identify major issues related to improved information resources management, including the identification of procurement policy initiatives to encourage sharing of resources and fair competitive resources acquisition;

(4) Identify priorities for the implementation of information technologies based on identification of feasible and measurable performance criteria; and

(5) Emphasize connectivity and provide for the electronic transfer of data, voice, radio, and video among executive branch agencies. ADD}

29-8-13. Other laws unaffected. -- {ADD Nothing in this section shall be construed to alter or diminish authority conveyed by the general laws or the public laws to the secretary of state and the office of library and information services. The provisions of this chapter shall not be construed to grant any authority over the judicial or legislative branches of state government, or agencies thereof, to the Rhode Island information resources management board or the office of library and information services. ADD}

SECTION 7. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit System" is hereby amended to read as follows:

36-4-2. Positions in unclassified service. -- The classified service shall comprise all positions in the state service now existing or hereinafter established, except the following specific positions which with other positions heretofore or hereinafter specifically exempted by legislative act shall constitute the unclassified service:

(1) Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.

(2) Employees of both houses of the general assembly.

(3) Officers, secretaries and employees of the office of the governor, office of the lieutenant-governor, department of state, department of the attorney-general and the treasury department.

(4) Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.

(5) The following specific offices:

(A) In the department of administration: director{ADD , chief information officer ADD} ;

(B) In the department of business regulation: director, liquor control administrator;

(C) In the department of elementary and secondary education: commissioner of elementary and secondary education;

(D) In the department of higher education: commissioner of higher education;

(E) In the department of employment security: director;

(F) In the department of health: director;

(G) In the department of labor: director, administrative assistant, administrator of the labor board and legal counsel to the labor board;

(H) In the department of environmental management: director;

(I) In the department of transportation: director; employees of the administrative adjudication court as defined in section 31-43-1;

(J) In the department of human services: director;

(K) In the department of state library services: director; and all employees;

(L) {ADD (K) ADD} In the state properties committee: secretary;

(M) {ADD (L) ADD} In the workers' compensation court: judges, administrator, deputy administrator, members of the workers' compensation fraud prevention unit, clerk, assistant clerk, clerk-secretary;

(N) {ADD (M) ADD} In the department of elderly affairs: director;

(O) {ADD (N) ADD} In the department of mental health, retardation and hospitals: director; administrator of the Dr. Joseph H. Ladd Center;

(P) {ADD (O) ADD} In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration) and wardens;

(Q) {ADD (P) ADD} In the department of children, youth and families: director, one (1) assistant director, one (1) associate director and one (1) executive director;

(R) {ADD (Q) ADD} In the public utilities commission: public utilities administrator;

(S) {ADD (R) ADD} In the water resources board: general manager.

(6) Chief of the hoisting engineers, licensing division, and his/or her employees; executive director of the veterans memorial building and his/or her clerical employees.

(7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.

(8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney-general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.

(9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for elementary and secondary education and the board of governors for higher education.

(10) Members of the military or naval forces, when entering or while engaged in the military or naval service.

(11) Judges, referees, receivers, clerks, assistant clerks and clerical assistants of the supreme, superior, family and district courts, jurors and any persons appointed by any court.

(12) Election officials and employees.

(13) Sheriffs, deputy sheriffs and their employees.

(14) Patient or inmate help in state charitable, penal and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.

(15) Persons employed to make or conduct a temporary and special inquiry, investigation, project or examination on behalf of the legislature or a committee therefor, or on behalf of any other agency of the state if the inclusion of the persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the House Fiscal Advisor and the Senate Fiscal Advisor whenever he or she approves the inclusion of a person in the unclassified service.

The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the Unclassified Pay Plan Board. The Unclassified Pay Plan Board may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.

(16) Members of the division of state police.

(17) Executive secretary of the Blackstone Valley district commission.

(18) Artist and curator of state-owned art objects.

(19) Mental health advocate.

(20) Child advocate.

SECTION 8. Section 42-6-1, 42-6-2, and 42-6-3 of the General Laws of Chapter 42-6 entitled "Departments of State Government" is hereby amended to read as follows:

42-6-1. Enumeration of departments. -- All the administrative powers and duties heretofore vested by law in the several state departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the following departments and other agencies which are specified in this title:

(a) Executive department (chapter 7 of this title);

(b) Department of state (chapter 8 of this title);

(c) Department of the attorney general (chapter 9 of this title);

(d) Treasury department (chapter 10 of this title);

(e) Department of administration (chapter 11 of this title);

(f) Department of business regulation (chapter 14 of this title);

(g) Department of children, youth and families (chapter 72 of this title);

(h) Department of corrections (chapter 56 of this title);

(i) Department of elderly affairs (chapter 66 of this title);

(j) Department of elementary and secondary education (chapter 60 of title 16);

(k) Department of employment and training (chapter 19 of this title);

(l) Department of environmental management (chapter 17.1 of this title);

(m) Department of health (chapter 18 of this title);

(n) Office of higher education (chapter 59 of title 16);

(o) Department of labor (chapter 16 of this title);

(p) Department of mental health, retardation, and hospitals (chapter 12.1 of this title);

(q) Department of human services (chapter 12 of this title);

(r) Department of state library services (chapter 3.1 of title 29);

(s) Department of transportation (chapter 3.1 of title 29);

(t) Public utilities commission (chapter 14.3 of this title);

(u) Department of substance abuse (chapter 7.1 of title 42).

42-6-2. Heads of departments. -- 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 human 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 and training, a director of state library services, a director for children, youth, and families, a director of elderly affairs, and director of corrections. 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.

42-6-3. Appointment of directors. -- (a) At the January session following his or her election to office, the governor shall appoint a director of administration, a director of human 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 and training, a director of state library services, a director for children, youth and families, a director of elderly affairs, and a director of corrections. 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.

(b) Except as expressly provided in section 42-6-9, no director of any department shall be appointed or employed pursuant to any contract of employment for a period of time greater than the remainder of the governor's current term of office. Any contract entered into in violation of this section ›July 1, 1994! is hereby declared null and void.

SECTION 9. Chapter 42-85 of the General Laws entitled "Coordinating Council of State Library, Archival, and Information Services" is hereby repealed.

42-85-1. Creation of council. -- There is hereby created and established a state council to be known as the coordinating council for state library, archival, and information services, hereinafter referred to as the council.

42-85-2. Composition of council - Advisors. -- The council shall consist of the director of the department of state library services, the state librarian, the state archivist, the information processing officer of the division of information processing of the department of administration, and the state law librarian. The director of the department of state library services shall serve as chairperson of the council. The council shall be advised by the following: the president of the Rhode Island library association, the chairperson of the consortium of Rhode Island academic and research libraries, the president of the Rhode Island educational media association, the director of the principal public library, the librarian of the Rhode Island historical society, and representatives of the governor's citizens information office, the state department of elementary and secondary education, and the advisory board of library commissioners. If a vacancy occurs in any office included in the membership, that person's designated replacement shall serve in that person's place on the council.

42-85-3. Purpose of council. -- The purpose of the council shall be to identify and implement measures which will enable the agencies represented to achieve greater efficiency and eliminate unnecessary duplication in the services they render to the state; improve the effectiveness of all library, archival, and information services provided to government and the citizens of Rhode Island; pursue the application of technology to the operation of library, archival, and information services; achieve and maintain a coordinated program of resource sharing between and among the agencies represented; make recommendations with respect to the goals, services, funding, and administrative structure required to achieve the organization of library, archival, and information services at the state level; prepare and submit an annual report of council activities to the governor and to the general assembly, and make it available to the public.

42-85-4. Organization of council. -- The council will meet at least bimonthly and keep minutes of its meetings. No separate or special appropriation shall be made for council staff or operating expenses. Staff from the agencies represented shall be assigned as needed for tasks associated with council activities. All departments and agencies of the state shall furnish advice and information, documentary and otherwise, to the council and its agents as deemed necessary or desirable by the council to facilitate its purpose.

SECTION 10. Severability of Provisions. -- If any provisions of this article or of any rule or regulation made thereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this article or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this article shall not affect the validity of the remainder of the article.

SECTION 11. Liberal Construction of Article Required. -- This article shall be construed liberally in aid of its declared purpose.

SECTION 12. Transfer determinations. -- The director of administration, with the approval of the governor, shall make the conclusive determination of the property, records, and appropriations balances, allocations and other funds of the department of library services to be transferred to the department of administration in connection with the functions transferred thereto by the provisions of this article.

Such further measures and dispositions as the director of administration, with the approval of the governor, shall deem necessary in order to effectuate the transfer of functions provided in this article shall be carried out as he may direct and by such agencies as he shall designate.

SECTION 13. Continuity of administrative functions. -- In order to insure continuity of the administrative business of the state, the actual transfer of functions or any part thereof to the department of administration from the department of library services, respectively, may be postponed until after July 1, 1996 until such time as, by executive order of the governor, the transfer herein provided can be put into force and effect.

SECTION 14. Preservation of rights and remedies. -- The abolition of the department of library services or the transfer of any function as provided in this article shall not impair the obligation of any contract or agreement nor abate any suit, action or other proceeding lawfully commenced by or against the head of any agency or officer of the state of Rhode Island in his or her official capacity or in relation to the discharge of his or her official duties but the court may on motion filed within twelve (12) months after this article takes effect allow such a suit, action or proceeding to be maintained by or against his or her successor of such head or officer under the reorganizations effected by this article or, if there be no successor, against such agency or officer which succeeded to the function transferred by this article. All employees in the Department of Library Services who are transferred into the classified service by virtue of these provisions creating the Office of Library and Information Services; shall retain their present job titles, receive comparable salary, and those employees with one (1) year or more of service in the Department, will be considered to have permanent status in the calssified service.

SECTION 15. This article shall take effect July 1, 1996.

SECTION 1. Section 31-3-32 of the General Laws in Chapter 31-3 entitled "Registration of Vehicles" are hereby amended to read as follows:

31-3-32. Expiration of registration. -- Every vehicle registration under chapters 3 -- 9, inclusive, of this title and every registration card and registration plate issued hereunder shall expire at midnight on the 31st day of March of each year, except that the director of the department of administration, division of motor vehicles shall implement a staggered registration system at the earliest practical date subsequent to April 1, 1980 and a staggered distribution system for fully reflective plates required to be on all vehicles pursuant to section 31-3-10 which shall be completed by June 1, 1996 {ADD June 30, 1997 ADD} . Implementation of the staggered registration system and distribution system shall be by rules and regulations promulgated by the director of administration, division of motor vehicles. A registration fee which is determined in accordance with section 31-6-1(2) shall not expire on March 31, 1990, but shall be extended until April 30, 1990. A fee for the initial issuance of fully reflective plates and each reissuance thereafter shall be charged in accordance with 31-6-1 (23). Provided, however, that the requirements for the reissuance of fully reflective plates shall apply only to those standard plates described in section 31-3-11 and not to plates authorized by any other section of the general or public laws.

SECTION 2. This article shall take effect upon passage.

SECTION 1. Hardship Contingency Fund -- Out of the sum appropriated to the department of human services in Article 1 for general public assistance, the sum of three hundred fifty thousand dollars ($350,000) shall be used as a hardship contingency fund for the purposes and subject to the limitations hereinafter provided, and the state controller is hereby authorized and directed to draw his or her order upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers. From the aforesaid appropriation for hardship contingency, the director of the department of human services, in his or her sole discretion, may authorize payments of cash assistance benefits up to the standards of assistance established pursuant to section 40-6-3.3, upon a showing of hardship by an individual who is eligible for general public assistance medical benefits under section 40-6-3.1(a)(1). The director shall not be required to promulgate any new, additional or separate rules or regulations in connection with his or her disbursement of the contingency fund created hereby.

SECTION 2. Section 40-6-3.1 of the General Laws in Chapter 40-6 entitled "Public Assistance Act" is hereby amended to read as follows:

40-6-3.1. Eligibility for general public assistance. -- The state acting by and through the department shall provide assistance (in the form specified in section 40-6-3.2) to residents of the state found by the department in accordance with this chapter and rules and regulations of the department to be eligible for general public assistance ; provided further, that benefits under this program shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color or law, and benefits shall not be provided to illegal or undocumented aliens.

(1) Individuals age eighteen (18) or older, provided that they do not have a dependent child who is living in his or her home, and provided that they are determined by the department in accordance with this chapter and departmental regulations to be suffering from total physical or mental incapacity, {ADD an illness, injury or medical condition ADD} as determined by physical examination by a licensed physician, that is reasonably expected to last for a period of at least thirty (30) days from the date the application for general public assistance is filed with the department, and which precludes the individual {ADD from working ADD} from doing any full time or part time work; and provided further that such individual has applied for medical assistance ("Medicaid") under title XIX of the Social Security Act ›42 U.S.C. section 1396 et seq.! and such application has been denied or is pending receipt of additional necessary medical documentation. Said total incapacity {ADD illness, injury, or medical condition ADD} may be based on a primary diagnosis of alcoholism or substance abuse. Said total physical or mental incapacity shall be verified by a medical practitioner and/or a qualified substance abuse counselor designated by the department, within forty-five (45) days of the date said individual is found by the department to be totally incapacitated. If total physical or mental incapacity {ADD an illness, injury, or medical condition ADD} cannot be reasonably verified then the individual shall not be eligible for general public assistance under this subsection.

The department shall provide an application for Medical Assistance (Medicaid) benefits to each applicant for general public assistance and shall use a uniform medical form for both programs to secure information from the applicant's treating physician. {ADD A decision on the application for general public assistance shall be made within thirty (30) days of receipts of a completed application. ADD} Individuals found eligible on the basis of total incapacity {ADD illness, injury or medical condition ADD} under this subsection (a)(1) shall be eligible for assistance only in the forms specified in section 40-6-3.2(1)(b) and (1)(c), and only for an initial period of up to six (6) months, renewable for a period of up to an additional six (6) months. In order to receive assistance for a period greater than twelve (12) months, individuals must reapply for general public assistance and Medical Assistance . The following transitional rule shall apply in determining eligibility effective July 1, 1994;

Individuals who, during the month of June, 1994, received general public assistance on the basis of total incapacity or general public assistance contingency cash or medical fund benefits shall be presumed eligible for assistance under this subsection (a)(1) until their eligibility is redetermined by the department. As a condition of presumed eligibility, individuals shall cooperate with the department in the process of redetermining eligibility, and they shall promptly provide the department with information and documentation necessary to redetermine their eligibility.

(2)(A) Two (2) parent families with children under age eighteen (18) living in the same household who are not dependent provided that the parents are physically or mentally handicapped as determined by the rules and regulations of the department, and who are not eligible for AFDC as provided pursuant to section 40-6-4; or the parents are not eligible for AFDC on the basis of unemployment as provided pursuant to section 40-6-4, the unemployed individual is available for work and has not refused a job. Participation in a labor strike will not disqualify the parent. Parents receiving GPA on the basis of unemployment may be required to participate in a work training program or an employment and training program.

(2)(B) Two (2) parent families who are employed with income less than the standard of assistance provided by section 40-6-3.3.

(b) Resources. Ownership of real or personal property shall disqualify individuals or families from receiving general public assistance, provided, however, that the following property or resources owned by such individuals or families shall be exempted:

(1) A home occupied by such individuals or families;

(2) One (1) automobile having an equity value not exceeding fifteen hundred dollars ($1,500);

(3) Cash or liquid assets not exceeding four hundred dollars ($400);

(4) Such tools of the trade not to exceed an aggregate value of one thousand dollars ($1,000) and household furnishings and effects as the director shall determine by regulations.

(c)(1) Income. Income shall not disqualify an individual or family from receiving general public assistance provided that the income as defined and determined by the department is within the income limitations established by the regulations of the department.

Pursuant to the purposes set forth in section 40-6-3, and notwithstanding the provisions of section 40-6-3.3, individuals found ineligible for AFDC due to federal law and regulations concerning alien sponsors, the deeming of alien sponsor income or the deeming of stepparent income, shall not be eligible for general public assistance.

(2) Notwithstanding the provisions of subsection 40-6-3.3, the receipt of lump sum income shall disqualify an individual or a family from receiving general public assistance.

(3) The department shall promulgate rules and regulations regarding the treatment of lump sum income.

(d) Postsecondary Education. (1) An individual age eighteen (18) or older attending a school, college, or university as a full-time student or attending a full-time program of vocational or technical training, all beyond the level of secondary education, and his or her spouse and children under age eighteen (18) shall not be eligible for general public assistance under this chapter, excepting however those individuals active as students with the department's vocational rehabilitation programs who have been certified as unemployable by the department.

(2) Notwithstanding the foregoing prohibition, an individual, age eighteen (18) or older, pursuing a course of study on a part-time basis beyond the level of secondary education, and his or her spouse and children under age eighteen (18) may be eligible for general public assistance provided the student remains available for and is actively seeking employment and provided that the individual, spouse, and children meet all other eligibility requirements for general public assistance pursuant to this chapter.

(e) Cooperation in applying for SSI and medical assistance. All applicants and recipients of general public assistance shall, within thirty (30) days of application for general public assistance or notice from the department, be required to apply for and cooperate in the determination for benefits under the federal supplemental security income (SSI) program and/or medical assistance, as provided pursuant to title XIX ›42 U.S.C. sec. 1396 et seq.! of the Social Security Act, provided the applicant or recipient is determined by the department to be potentially eligible for benefits.

(f) Report of income or resources by recipients. If, at any time during the receipt of general public assistance, the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him or her, it shall be his or her duty and a condition of eligibility to notify the department of this fact immediately on the receipt or possession of additional income or resources.

SECTION 3. This article shall take effect on July 1, 1996.

SECTION 1. Section 14-1-43 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" is hereby repealed in its entirety:

14-1-43. Cost of maintenance of juveniles placed in institutions. -- All costs for the care and maintenance of any child when committed or assigned to the Dr. Joseph H. Ladd center, to the Dr. Patrick I. O'Rourke children's center, or to any other public or private institution, shall be paid by the state; provided, however, that in all cases, other than those in which children are committed to the training school for youth, the family court may, after giving the parent or guardian of the estate of any child a reasonable opportunity to be heard, order and decree that the parent or guardian shall pay in such manner as the court may direct, such a sum as will cover in whole or in part the support of such child. The court may at any time alter, amend, and annul for sufficient cause any order and decree after notice as the court may direct to the parties interested therein.

SECTION 2. This article will take effect upon passage.

SECTION 1. Section 40-16-1 of the General Laws in Chapter 40-16 entitled "Funding of Community Health Centers" is hereby amended to read as follows:

40-16-1. Funding of community health centers. -- (1) For the fiscal year ending June 30, 1989, and for each year thereafter the state shall contribute a share of the costs associated with community health centers as hereinafter provided. The state's share shall be calculated by multiplying the total number of medical patients treated at the health centers listed below by the sum of thirteen dollars and thirty-four cents ($13.34) for each patient; provided, that multiple visits or treatment shall be counted only once, by the state department of human services for grants to the following health centers:

Providence Ambulatory Health Care Foundation, Thundermist Health Associates, Inc., Blackstone Valley Community Health Care Inc., Wood River Health Services, Cranston Health Center, East Providence Community Health Center, New Visions of Newport County, Tri-town Health Center, Dr. John A. Feris Health Center, Chad Brown Health Center, Health Center of South County, Bayside Family Health Care, Northwest Community Nursing and Block Island Health Services Inc.; that sum shall be allocated by the department of human services as follows:

(a) One-half (1/2) of the state share in each fiscal year to be divided equally among the fourteen (14) aforesaid health centers; and

(b) One-half (1/2) of the state share to be allocated among the aforesaid health centers based on a per capita rate multiplied by the number of medical patients each center treated in the previous fiscal year; that per capita rate to be computed by dividing this half of the state share by the total number of medical patients treated by all aforesaid health centers in the previous fiscal year; each patient notwithstanding multiple visits or treatment, shall be counted once only.

(2) If the sum appropriated by the state for any fiscal year for making payments to the aforesaid health centers under this program is not sufficient to pay in full the total amount which all the aforesaid health centers are entitled to receive for that fiscal year, the maximum entitlement which all the aforesaid health centers shall receive for such fiscal year shall be ratably reduced.

(3) The appropriation of six hundred seventy-three thousand five hundred dollars ($673,500.) for the fiscal year ending June 30, 1988 for the state department of human services for distribution to the health centers listed above shall be allocated as follows: three hundred thirty-six thousand seven hundred fifty dollars ($336,750.) to be divided, equally, among the fourteen (14) health centers cited and three hundred thirty-six thousand seven hundred fifty dollars ($336,750.) to be allocated among the aforesaid health centers on a per capita rate of ten dollars ($10.00) for each patient.

(4) If the sum appropriated by the state for any fiscal year exceeds the amount to be distributed based upon the provisions of this section, the excess shall be distributed equally among the fourteen (14) designated health centers.

(5) In December of each year, the department of human services shall forward to the chairman of the house finance committee and to the chairman of the senate finance committee the proposed unduplicated per patient rate for the next fiscal year:

(6) In the event that a designated grantee shall cease to operate, then its share shall revert to the general fund.

(7) For purposes of this section, "reference year" shall mean the second fiscal year immediately proceeding the fiscal year of appropriation.

(8) For purposes of this section, "unduplicated medical patient" shall mean an individual who receives service at a community health center. An individual can be counted only once and multiple visits by and/or multiple treatments of the individual shall not be counted.

(9) For as long as the United States Department of Health and Human Services, Health Care Financing Administration project No. 11-W-00004/1-01 entitled "RIte Care" remains in effect and the state is paying health maintenance organizations to care for RIte Care enrollees, the state's annual share of costs associated with community health centers to be paid under this chapter shall be an amount no less than seven hundred eighteen thousand fifteen dollars ($718,015), which amount shall be appropriated to the Rhode Island Department of Human Services. The Department of Human Services shall obtain federal matching funds for the state's annual share to the fullest extent permitted under Title XIX of the Social Security Act ›42 U.S.C. section 1396 et seq.!, as amended.

(a) In order to encourage federally qualified health centers and rural health centers to participate in RIte Care, for as long as RIte Care remains in effect, all funds appropriated under this chapter and all federal funds matched thereto, shall be paid by the Department of Human Services, without deduction for administrative or other expenses, to Neighborhood Health Plan of Rhode Island, Inc., provided it is a licensed health maintenance organization participating in RIte Care and remains majority owned by one or more {ADD Rhode Island Health Center Association, Inc., provided that a majority ADD} of the health centers referred to in section (1) {ADD constitute a majority of the members of Rhode Island Health Center Association, Inc., and continue to participate as primary care providers in the RIte Care program ADD} . Such amounts shall be paid monthly to Neighborhood Health Plan of Rhode Island {ADD Rhode Island Health Center Association, Inc. ADD} by the Department of Human Services at the rate of ten dollars ($10.00) {ADD fifteen dollars ($15.00) ADD} per member per month for each RIte Care member (regardless of health plan) selecting a federally qualified health center or rural health center, as those terms are defined in 42 U.S.C. section 1395x (or any successor statute), as the member's primary care provider.

(b) In no event shall the amounts payable under this section (9) exceed two million one hundred thousand dollars ($2,100,000) {ADD three million three hundred thousand dollars ($3,300,000) ADD} per fiscal year. In any fiscal year, if any portion of the state share appropriated in section (9) is not used to obtain Federal matching funds and pay the amounts due under section (9)(a) above, the unused portion of the appropriation shall be distributed by the Department of Human Services equally among the fourteen (14) health centers named in section (1). This section (9) shall be inapplicable and the remaining provisions of this chapter shall apply if at any time Neighborhood Health Plan of Rhode Island, Inc. either is not a licensed health maintenance organization or is not being paid by the Department of Human Services to care for RIte Care enrollees {ADD a majority of the health centers referred to in section (1) do not constitute a majority of the members of Rhode Island Health Center Association, Inc. and do not participate as primary care providers in the RIte Care program ADD} .

(c) Neighborhood Health Plan of Rhode Island, Inc. {ADD Rhode Island Health Center Association, Inc. ADD} , shall be entitled to disburse the funds paid under this section (9) to federally qualified health centers, rural health centers, other health centers or other entities in the manner it considers necessary or appropriate to encourage maximal participation of federally qualified health centers and rural health centers in RIte Care.

SECTION 2. This article shall take effect upon approval by the United States Department of Health and Human Services of an amendment to be submitted by the department of human services to the RIte Care waiver project number 11-W-0004/1-01 to increase the rate from $10 to $15 per member per month, and shall be given prospective application to payments due on and after the date of such federal approval.

RESOLVED, That a special legislative commission be and the same is hereby created consisting of ten (10) members: three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party to be appointed by the speaker; three (3) of whom shall be from the senate, not more than two (2) from the same political party, to be appointed by the majority leader: three (3) of whom shall be appointed by the governor; and one (1) of whom shall be the chief justice of the Supreme Court, or designee.

In lieu of any appointment of a member of the legislature to a permanent advisory commission, a legislative study commission, or any commission created by a general assembly resolution, the appointing authority may appoint a member of the general public to serve in lieu of a legislator, provided that the majority leader or the minority leader of the political party which is entitled to the appointment consents to the appointment of the member of the general public.

The purpose of said commission shall be to study state government department mergers and consolidations.

Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the speaker of the house and organize and shall select from among the legislators a chairperson. Vacancies in said 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 said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.

The speaker of the house is hereby authorized and directed to provide suitable quarters for said commission; and be it further

RESOLVED, That the commission shall report its findings and recommendations to the general assembly on or before March 1, 1997 and said commission shall expire on May 1, 1997.

SECTION 1. Section 12-13-4 of the Rhode Island General Laws in Chapter 12-13 entitled "Bail and Recognizance" is hereby amended to read as follows:

12-13-4. Persons authorized to bail jail prisoners. -- No person imprisoned in jail upon any criminal process shall be bailed, except by a justice of the supreme or superior court, or by the justice of the district court by which such person was committed, or by some person specially appointed for that purpose by a justice of the superior court; provided, however, that if the amount of bail for such prisoner has previously been set, then the bail shall be taken by the justice of the peace, duly authorized, or by the senior prison officer in charge at the adult correctional institution, if the prisoner or his or her counsel request the bail be taken.

{ADD In all cases where bail is taken at the adult correctional institutions, an administrative fee of twenty-five dollars ($25.00) shall be paid to the department of corrections by each person bailed thereunder and shall be deposited as general revenues. ADD}

SECTION 2. This article shall take effect upon passage.

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

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

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

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

"Department": The department of business regulation.

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

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

"Farmer-winery": Any plant or premise where wine is produced, rectified, blended or fortified from fruits, flowers, herbs or vegetables.

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

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

"Intoxicating beverage": A beverage which contains more than three and two-tenths per cent (3.2%) of alcohol by weight.

"Malt beverage": Any beverage which is usually produced at breweries, as distinguished from distilleries. "Nonintoxicating beverage": A beverage which contains not more than three and two-tenths per cent (3.2%) of alcohol by weight.

"Tavern": Any house where the principal business is the furnishing of food and sleeping accommodations.

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

"Winegrower": Any person licensed to operate a farmer's winery under section 3-6-1.1.

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

SECTION 2. Sections 3-2-2, 3-2-3, 3-2-4, 3-2-5, and 3-2-7 of the General Laws in Chapter 3-2 entitled "Liquor Control Administration" is hereby is hereby amended to read as follows:

3-2-2. General powers of the administration. -- {ADD3-2-2. Supervision. -- ADD} The liquor control administration {ADD Department ADD} shall have general supervision of the conduct of the business of manufacturing, importing, exporting, storing, transporting, keeping for sale, and selling beverages. It may from time to time, lease a warehouse for the purpose of efficiently exercising its powers and duties of inspection; and therein may upon reasonable charges store beverages for license holders. No lease shall be for a longer period than for five (5) years; and in every case the lease shall contain the provision that if it shall become unlawful to manufacture, keep for sale, and to sell beverages in Rhode Island it shall thereupon become void. It shall have the power at any time to issue, renew, revoke and cancel all manufacturers', wholesalers' and retailers' Class G licenses and permits as are provided for by this title. It shall have and is hereby charged with the duty of supervision and inspection of all licensed places with a view to the enforcement of the provisions of this title and of the conditions, rules and regulations which it shall establish and authorize.

3-2-3. Bureaus of importation and inspection -- Superintendents. -- {ADD 3-2-3. Bureau of inspection -- Superintendent. -- ADD} Within the liquor control administration {ADD Department ADD} , there shall be a bureau of importation and a bureau of inspection. The superintendent of each of these bureaus {ADD the bureau ADD} shall be appointed by the director of business regulation.

3-2-4. Administrator and superintendents ineligible to other office. -- {ADD 3-2-4. Superintendents ineligible to other office. -- ADD} Any person, upon qualifying in the office of the liquor control administrator, the superintendent of the bureau of importation, or the superintendent of the bureau of inspection hereunder, shall thereupon cease to hold every other elective office under the laws of this state. Anyone holding any office of trust and confidence under the laws of the United States shall not be eligible to qualify in any of the offices aforesaid.

3-2-5. Administration of oaths -- Subpoena power -- False swearing. -- The liquor control administrator and the superintendents of the bureaus of importation and inspection to are hereby severally authorized to administer oaths in matters on formal hearing before them, and also in connection with any matter having to do with the performance of their duties hereunder; the department in all cases of every nature pending before it, is hereby authorized and empowered to summon witnesses by subpoena signed by the director of the department and to compel those witnesses to attend and testify in like manner as in either the supreme or the superior courts; the said department is authorized to compel the production of all papers, books, documents, records, certificates or other legal evidence that may be necessary for the determination and the decision of any question or the discharge of any duty required by law of the department, by issuing a subpoena duces tecum signed by the director; and every person who disobeys that writ shall be considered in contempt of the department, and the department may punish that and any other contempt of its authority in like manner as contempts may be punished in either the supreme or the superior courts. Any person who shall wilfully swear falsely in any proceeding, matter or hearing before the department shall be deemed guilty of the crime of perjury.

3-2-7. Records of the administration. -- All records of the liquor control administration {ADD The Department relating to liquor control ADD} are hereby declared to be public records and shall be open to public inspection under such rules as the department of business regulation shall make, and the governor and attorney general are hereby severally authorized to require the administration {ADD Department ADD} to furnish to them any record, information, copy of any document, paper, book or other thing in their possession, and certified copies of any part of the records of the administration {ADD Department ADD} shall be prima facie evidence of the matters therein contained.

SECTION 3. Chapter 3-2 of the General Laws entitled "Liquor Control Administration" is hereby amended by adding thereto the following section:

{ADD 3-2-3.1. Bureau of importation -- Superintendent. -- ADD} {ADD Within the division of taxation there shall be a bureau of importation. The superintendent of the bureau shall be appointed by the director of the department of administration. ADD}

SECTION 4. Sections 3-2-1 and 3-2-8 of the General Laws in Chapter 3-2 entitled "Liquor Control Administration" is hereby repealed.

3-2-1. Offices of administrator. -- The department of administration shall provide suitable quarters in the state house or state office building for the liquor control administrator.

3-2-8. Appropriations for salaries and expenses. -- The general assembly shall annually appropriate such sum as it may deem necessary for the salary of the liquor control administrator and for the superintendents of the bureaus therein, and for clerical, office, traveling, administration and other expenses of the administration.

SECTION 5. Chapter 3-3 of the General Laws entitled "Liquor Control Hearing Board" is hereby repealed.

3-3-1. Qualifications and appointment of members. -- Within the department of business regulation there shall be a liquor control hearing board which shall function as a unit independent of the director and not subject to his jurisdiction. The hearing board shall consist of three (3) members, not more than two (2) of whom shall be members of the same political party, who shall be appointed by the governor as herein provided. In the month of February in each even-numbered year, the governor shall appoint one (1) member of the board to hold office until the first day of March in the sixth year after his appointment and until his successor is appointed and qualified to succeed the member whose term will next expire.

3-3-2. Vacancies -- Removal of members. -- Any vacancy which may occur in the board shall be filled by appointment by the governor for the remainder of the unexpired term. A member of the board may be removed by the governor only for cause, after being given a copy of charges against him and an opportunity to be heard publicly on those charges before the governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.

3-3-3. Chairman of the board. -- The members of the board shall elect one of their number as chairman upon the appointment of any new member for a full term and whenever the office may become vacant.

3-3-4. Compensation of board members. -- The members of the board shall receive compensation not exceeding the sum of twenty-five dollars ($25.00) for each meeting, provided, however, that the compensation shall not exceed the sum of one thousand dollars ($1,000), for any one (1) member in any fiscal year.

3-3-5. Right of appeal. -- The department of business regulation may in the first instance make such decisions and issue such orders as may to it seem proper in the administration of the provisions of this title as from time to time amended. Any person or persons aggrieved by any such decision or order shall have the right to appeal to the liquor control hearing board by filing an appeal in writing with the board within seven (7) days from the service of the order or decision appealed from; provided, however, that a right of appeal shall exist in the following cases and not otherwise:

(4) where the decision or order is issued under the authority of the first sentence of 3-2-2.

3-3-6. Appeal as stay of decision. -- The taking of an appeal shall stay the operation of the decision or order appealed from, pending the decision of the board; and if the appeal is from a decision or order referred to in subdivision (1) of 3-3-5, the appellant licensee may continue to operate as if his license continued in effect, pending decision of the board.

3-3-7. Hearing of appeals. -- Upon an appeal being taken from any decision or order, the liquor control hearing board shall hold and conduct hearings thereon to be governed by rules to be adopted by the board, and in those hearings the board shall not be bound by technical rules of evidence. The board shall sit as an impartial, independent body in order to make decisions affecting the public interest and private rights. It shall hear all appeals de novo as to both the law and the facts and its decisions shall be based upon the law and upon the evidence presented to it by the department and by the parties in interest. The concurrence of a majority of the board shall be sufficient for any decision.

3-3-8. Powers in conduct of hearings. -- The members of the liquor control hearing board are hereby severally authorized and empowered to administer oaths; and the board, in all cases of every nature pending before it, is hereby 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 or proper for the determination and decision of any question before or the discharge of any duty required by law of the board. All subpoenas and subpoenas duces tecum shall be signed by the chairman or, in the absence or disqualification of the chairman, by any other member thereof, and shall be served as subpoenas are now served in civil cases in the superior court; and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are now provided for witnesses in civil cases in the superior court. If any person fails to obey the command of any subpoena, without reasonable cause, or if a person in attendance before the board shall, without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, the board may apply to a judge of the sixth division of the district court, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) or more than five (5) days, directing the person to show cause why he should not be adjudged in contempt. Upon the return of the order, the judge before whom the matter is brought for a hearing shall examine under oath the person and the person shall be given an opportunity to be heard, and if the judge shall determine that the person has refused without reasonable cause or legal excuse to be examined, or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents, material to the issue, which he was ordered to bring or produce, he may forthwith commit the person to jail, there to remain until he submits to do the act which he was so required to do, or is discharged according to law. A party aggrieved by an order of the court may appeal the order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court. The board shall have power to adopt reasonable rules and regulations governing the procedure to be followed in any matter that may come before it for hearing.

3-3-9. Judicial Review. -- The department or any party in interest, if aggrieved by a decision of the board, shall be entitled to judicial review in the superior court, whether the review is pending, including those pending before the superior court but not decided prior to the effective date of this act, pursuant to title 3 of the general laws. The aggrieved party may cause the review to include all questions of law and fact to be tried in the superior court for the county exercising proper jurisdiction.

3-3-10. Remedies exclusive. -- Notwithstanding the provisions of section 42-20-13, or other provisions of law, the procedures established by sections 3-3-5 -- 3-3-7, inclusive, and 3-3-9 shall constitute the exclusive remedies for persons aggrieved by any such order or decision as aforesaid of the department, or by any order or decision of the liquor control hearing board.

SECTION 6. Sections 3-4-1, 3-4-2, 3-4-3, and 3-4-4 of the General Laws in Chapter 3-4 entitled "Transportation of Beverages" are hereby amended to read as follows:

3-4-1. Importation orders. -- Except as herein otherwise provided, it shall be unlawful to import beverages into this state. A person desiring to import beverages into this state may place with the department of business regulation {ADD Division of Taxation ADD} an order directed to a dealer for the beverage he desires to import and shall satisfy the department {ADD Division of Taxation ADD} of his intention to pay for the same. The department {ADD Division of Taxation ADD} shall execute every such order unless the doing so would involve some illegal act or the doing of an act which would be cause for the forfeiture of any license issued hereunder.

3-4-2. Payment of purchase price and service charges. -- If the department {ADD Division of Taxation ADD} decides to execute an order pursuant to section 3-4-1, it may require the payment to it with the order and the means of paying for the merchandise desired of a reasonable sum to cover any expenses it may be put to in connection with the transaction taken in connection with other similar transactions. It shall be a condition precedent to the receiving of the merchandise covered by the order that the party desiring the importation shall have paid the department {ADD Division of Taxation ADD} a reasonable service charge to be fixed by it for undertaking the transaction; provided, that if the order is placed by a licensee who engages to store the goods ordered or any part of them in the warehouse of the department, then the payment of the service charge may be deferred until the goods are withdrawn from the warehouse; and in that case before each lot or parcel is withdrawn the service charge thereon shall have been paid.

3-4-3. Importation and payments by department. -- {ADD 3-4-3.Importation and payments by division of taxation. -- ADD} The department {ADD Division of Taxation ADD} may arrange for the importation and payment of the sale price of the imported article. In case it does so, it shall cause the importation to be made in such a manner that it will have an opportunity to examine and inspect the articles imported. All sums so paid to the Department {ADD Division of Taxation ADD} , excepting sums for the payment of the sale price, shall be by it turned over to the general treasurer for the use of the state.

3-4-4. Risk assumed by purchaser. -- The only obligation of the department {ADD Division of Taxation ADD} , if it decides to execute an order pursuant to section 3-4-1, shall be to mail the same and the medium of payment therefor in case the department {ADD Division of Taxation ADD} transmits the means of payment, to inspect the merchandise upon its delivery, and to notify the party ordering the same of its arrival and where it may be found. The leaving with the department {ADD Division of Taxation ADD} of the order and the making of the payments aforesaid shall be taken to be an agreement upon the part of the person desiring the importation to assume all the risks of the transaction and it is hereby declared that he does so assume those risks.

SECTION 7. Sections 3-5-21, 3-5-23, 3-5-25, 3-5-27, and 3-5-28 of the General Laws in Chapter 3-5 entitled "Licenses Generally" are hereby amended to read as follows:

3-5-21. Revocation or suspension of licenses -- Fines for violating conditions of license. -- Every license shall be subject to revocation or suspension or the licensee shall be subject to fine by the board, body or official issuing the license, or by the department {ADD or by the Division of Taxation, ADD} on its own motion, for breach by the holder thereof of the conditions on which it was issued or for violation by the holder thereof of any rule or regulation applicable thereto or for breach of any provisions of this section.

Any fine imposed pursuant to this section shall not exceed five hundred dollars ($500.00) for the first offense and shall not exceed one thousand dollars ($1,000) for each subsequent offense. For the purposes of this section, any offense committed by a licensee three (3) years after a previous offense shall be considered a first offense.

3-5-23. Revocation of license for criminal offenses or disorderly conditions -- Action on bond. -- If any licensed person shall be convicted of violation of any of the provisions of this title, or of chapter 6, chapter 10, chapter 34, chapter 40 or chapter 45 of title 11, or of sections 11-2-1, 11-9-13, 11-9-15, 11-11-5, 11-11-6, 11-18-2 -- 11-18-4, inclusive, 11-20-1, 11-20-2, 11-23-4, 11-27-20, 11-30-1 -- 11-30-11, inclusive, 11-31-1 or 11-37-2 -- 11-37-4, inclusive, or shall plead guilty or nolo contendere to any complaint or indictment thereunder, or if his license shall be revoked, his bond shall be put in suit by the town or city treasurer of the town where the bond is given, and by due process of law the penal sum thereof shall be recovered for the use of the town or city. If any licensed person shall permit the house or place where he is licensed to sell beverages under the provisions of this title to become disorderly so as to annoy and disturb the persons inhabiting or residing in the neighborhood thereof, or shall permit any gambling or unlawful gaming to be carried on therein, or shall permit any of the laws of this state to be violated therein, in addition to any punishment, penalty or penalties which may be prescribed by statute for that offense, he may be summoned before the board, body or official which issued his license or before the liquor control administrator {ADD including before the Department, ADD} when he and the witnesses for and against him may be heard; and if it shall be made to appear to the satisfaction of the board, body or official hearing such charges that he has violated any of the provisions of this title or has permitted to be done any of the things hereinbefore in this section mentioned, then the board, body or official may suspend or revoke his license or enter other order thereon. In case the license is revoked, the licensed person after the revocation shall cease to have any authority under the license and shall be disqualified from holding any of the licenses provided for in this title for a period of five (5) years next following the revocation. The revocation of a license, as aforesaid, shall not interfere with or prejudice the right of recovery upon his bond for the full amount thereof.

3-5-25. Antiunion discrimination. -- If the department shall determine that any licensee under this title has discriminated against any employee because that employee is or has become a member of any trade union, the licensee shall thereby forfeit his license.

3-5-27. Annual reports. -- {ADD (a) ADD} Boards, bodies or officials in towns or cities issuing licenses under this title shall annually on or before the first day of December, and at such other times as shall be required by the department, make report to the department, which report shall state the number of licenses granted by them lawfully outstanding at the time of the report with the names and addresses of the licensees, and a description of the licensed places, and the amount of money received therefor and such other information as shall be required by the department; and the department shall on or before the first day of February in every year make report to the governor for transmission to the general assembly summarizing in that report the reports filed with it on or before December first next preceding and reporting further upon its own activities, showing the amount of beverages of various kinds imported into this state by each licensed dealer, and the amount of service charge collected thereon and upon the general condition affecting the use of beverages in this state.

{ADD (b) The Department shall, on or before the first day of February in every year make report to the Governor for transmission to the general assembly summarizing in that report its own activities, showing the number of manufacturer's and wholesaler's licenses granted by it lawfully outstanding at the time of the report with the names and addresses of licensees and a description of the licensed places, and the Division of Taxation shall report the amount of money received therefor, showing the amount of beverages of various kinds imported into this state by each licensed dealer and the amount of service charge collected thereon and upon the general condition affecting the use of beverages in this state. ADD}

3-5-28. Uniform procedures. -- The liquor control administrator {ADD Department ADD} is hereby authorized to issue such orders and prescribe such forms to local licensing boards or authorities as will provide uniform procedures and forms in the processing, handling and reporting of license applications and disciplinary actions against licensees by local licensing boards or authorities.

SECTION 8. Chapter 3-5 of the General Laws entitled "Licenses Generally" is hereby amended by adding thereto the following sections:

{ADD 3-5-14.1. Licenses issued by the Department of Business Regulation. -- ADD} {ADD The right, power and jurisdiction to issue manufacturer's and wholesaler's licenses shall be solely in the department. The department shall have the right and power to limit the number of manufacturer's and wholesaler's licenses of each class. ADD}

{ADD 3-5-20.1. Rules and Regulations - Notice and procedure. -- ADD} {ADD All manufacturer's and wholesaler's licenses to be issued hereunder shall be in such form as shall be prescribed by the department; and the licensee shall be held liable under such rules and regulations as the department shall impose, establish and authorize; and the department is hereby authorized to establish such rules and regulations. Notwithstanding any of the foregoing provisions of this section, the adoption or authorization of rules and regulations by the department and the modification or repeal of any rules and regulations previously adopted shall be by written order of the department and adopted in accordance with the provisions of chapter 35 of title 42. ADD}

SECTION 9. Sections 3-6-1, 3-6-1.1, 3-6-1.2, 3-6-2, 3-6-3, 3-6-9, 3-6-10, 3-6-11, 3-6-12, 3-6-13, 3-6-14, and 3-6-14.1 of the General Laws in Chapter 3-6 entitled "Manufacturing and Wholesale Licenses" are hereby amended to read as follows:

3-6-1. Manufacturer's license. -- A manufacturer's license shall authorize the holder thereof to establish and operate a brewery, distillery, or winery at the place therein described for the manufacture of beverages within this state; but the license shall not authorize more than one of those activities, namely: that of operator of brewery or distillery or winery; and a separate license shall be required for each such plant. The a license shall also authorize the sale at wholesale at the licensed place by the manufacturer of the product of his licensed plant to another license holder and the transportation and delivery from the place of sale to a licensed place or to a common carrier for that delivery. It shall not authorize the sale of beverages for consumption on premises where sold. The license shall not authorize the sale of beverages in this state for delivery outside this state in violation of the law of the place of delivery. The annual fee for the license shall be three thousand dollars ($3,000) for a brewery or distillery{ADD , one hundred dollars ($100) for a brewery, ADD} and one thousand dollars ($1,000) for a winery producing more than fifty thousand gallons (50,000) per year and one hundred dollars ($100) per year for a winery producing less than fifty thousand gallons (50,000) per year. All those fees shall be prorated to the year ending December 1 in every calendar year and shall be paid to the liquor control administrator in the department of business regulation {ADD Division of Taxation ADD} and shall , by him, be turned over to the general treasurer for the use of the state.

3-6-1.1. Farmer-winery licenses -- Fee. -- (a) For the purpose of encouraging the development of domestic vineyards, the liquor control administrator {ADD Department ADD} shall issue a farmer-winery license to any applicant of the state and to applying partnerships and to applying corporations organized under the laws of any other state of the United States and admitted to do business in this state.

(b) A winegrower may operate a farmer's winery under such conditions as the liquor control administrator {ADD Department ADD} may prescribe by regulation.

(c) A winegrower may import fruit, flowers, herbs, and vegetables to produce not more than seven thousand five hundred (7500) gallons of wine during his first year of operation, not more than five thousand (5000) gallons during his second year of operation, not more than two thousand five hundred (2500) gallons during his third year of operation and not more than one thousand (1000) gallons per year subsequently.

If a winegrower suffers crop failure in his vineyard in a particular year to the extent that his fruit yield from his vineyard that year is at least twenty-five percent (25%) below his average yield for the previous two (2) years, he may import fruit into the state during that year in an amount equal to the difference between the current year's yield and the average for the previous two (2) years.

A winegrower shall not import unfermented juice, wine or alcohol into the state.

(d) A winegrower may sell wine or winery products under his label and fermented by him or another winegrower licensed by the state. He may sell wine or winery products:

(1) at wholesale to any person holding a valid license to manufacture alcoholic beverages under section 3-6-1;

(2) at wholesale to any person holding a valid wholesaler's and importer's license under sections 3-6-9 -- 3-6-11;

(3) at wholesale to any person holding a valid farmer-winery license under this section;

(4) at retail by the bottle to consumers for consumption off the winery premises in accordance with section 3-6-1;

(5) at wholesale to any person in any state or territory in which the importation and sale of wine is not prohibited by law;

(6) at wholesale to any person in any foreign country;

(7) at wholesale to liquor dealers holding a valid license under the provisions of title 3; and (8) at wholesale to restaurants holding a valid license under the provisions of title 3.

(e) A wine-grower may not sell at retail to consumers any wine or winery product not fermented in the state of Rhode Island and sold under the brand name of the winery.

(f) A winegrower may serve complimentary samples of wine produced by the winery where the wine is fermented in the state of Rhode Island and sold under the winery brand name.

(g) All wines sold by a licensee hereunder shall be sold and delivered in such manner and under such conditions and with such labels or other marks to identify the producer as the liquor control administrator {ADD Department ADD} may prescribe.

(h) Every applicant for a farmer-winery license shall at the time of filing an application, pay a license fee based on a reasonable estimate of the amount of wine to be produced during the year covered by the license. Persons holding farmer-winery licenses shall report annually at the end of the year covered by the license the amount of wine produced during that year. If the total amount of wine produced during the year is less than the amount permitted by the fee already paid, the state shall reimburse the licensee for whatever fee was paid in excess. If the total amount of wine produced during the year exceeds the amount permitted by the fee already paid, the licensee shall pay whatever additional fee is owing.

3-6-1.2. Brewpub manufacturer's license. -- A brewpub manufacturer's license shall authorize the retail sale of the beverages manufactured on the location set forth in the brewpub manufacturer's license. The license shall not authorize the retail sale of beverages from any location other than the location set forth in the license.

The annual fee for the license shall be one thousand dollars ($1,000) for a brewpub producing more than fifty thousand (50,000) gallons per year and one hundred dollars ($100) per year for a brewpub producing less than fifty thousand (50,000) gallons per year, the annual fee shall be prorated to the year ending December 1 in every calendar year and shall be paid to the liquor control administrator in the department of business regulation {ADD Division of Taxation ADD} and shall , by the administrator, be turned over to the general treasurer for the use of the state.

3-6-2. Rectifying as manufacturing. -- With a view to the enforcement of the provisions of this title, and of the conditions, rules and regulations established and authorized by the department of business regulation {ADD Department ADD} pertaining to rectifiers and those regarded as being in the business of rectifying, the business of manufacturing beverages may be deemed to include the business of rectifying beverages unless the context otherwise requires.

3-6-3. Rectifier's license. -- The department is hereby authorized to issue rectifier's licenses in accordance with the provisions of 3-6-4 -- 3-6-8, inclusive. The fee therein provided shall be prorated to the year ending December 1 in every calendar year and shall be paid to the liquor control administrator in the department of business regulation {ADD Division of Taxation ADD} and shall , by him, be turned over to the general treasurer for the use of the state.

3-6-9. Wholesaler's license -- Class A. -- A wholesaler's license, Class A, shall authorize the holder to keep for sale and to sell malt beverages and wines at wholesale at the place therein described to holders of licenses under this title within this state and to holders of wholesale licenses in other states and the transportation and delivery thereof from the place of sale to those license holders or to a common carrier for that delivery, provided, however, that sales by a wholesaler in this state to a holder of a wholesale license in another state shall be only to a wholesaler who is a distributor of the same brand of malt beverages or wines subject to permission by the state liquor control administrator {ADD department ADD} . The license shall not authorize the sale of malt beverages or wines for consumption on the premises where sold nor their sale for their delivery outside this state in violation of the law of the place of delivery. The annual fee for the license shall be one thousand two hundred fifty dollars ($1,250) prorated to the year ending December 1 in every calendar year, and shall be paid to the liquor control administrator in the department of business regulation {ADD Division of Taxation ADD} , and shall , by him, be turned over to the general treasurer for the use of the state. Whenever any malt beverages or wines are sold outside the state pursuant to this section, refunds or credits of import fees previously paid on those malt beverages or wines shall be made to holders of wholesaler's licenses under this title in accordance with regulations promulgated by the liquor control administrator {ADD Division of Taxation ADD} .

3-6-10. Wholesaler's license -- Class B. -- A wholesaler's license, Class B, shall authorize the holder to keep for sale and to sell malt and vinous beverages and distilled spirits at wholesale at the place therein described to holders of licenses under this title within this state and to holders of wholesale licenses in other states and the transportation and delivery thereof from the place of sale to those license holders or to a common carrier for that delivery, provided, however, that sales by a wholesaler in this state to a holder of a wholesale license in another state shall be only to a wholesaler who is a distributor of the same brand of malt and vinous beverages and distilled spirits subject to permission by the state liquor control administrator. The license shall not authorize the sale of beverages for consumption on the premises where sold nor the sale of beverages for delivery outside this state in violation of the law of the place of delivery. The annual fee for the license shall be three thousand dollars ($3,000) prorated to the year ending December 1 in every calendar year, and shall be paid to the liquor control administrator in the department of business regulation {ADD Division of Taxation ADD} and shall , by him, be turned over to the general treasurer for the use of the state whenever any malt and vinous beverages and distilled spirits are sold outside the state pursuant to this section, refunds or credits of import fees previously paid on those malt and vinous beverages on distilled spirits shall be made to holders of wholesaler's licenses under this title in accordance with regulations promulgated by the liquor control administration {ADD Division of Taxation ADD} .

3-6-11. Wholesaler's license -- Class C. -- A wholesaler's license, Class C, shall authorize the holder thereof to manufacture, transport, import, export, deliver, and sell alcohol for mechanical, manufacturing, medicinal, or chemical purposes only, or to any registered pharmacist, licensed pharmacy, drug store, or apothecary shop, or to any registered physician or dentist, or to any hospital or educational or scientific institution, for use other than beverage purposes. The annual fee for the license shall be two hundred dollars ($200) and shall be paid to the liquor control administrator in the department of business regulation {ADD Division of Taxation ADD} and shall , by him, be turned over to the general treasurer for the use of the state.

3-6-12. Agents licenses. -- Every person who represents any distillery, winery, or brewery shall be deemed and taken to be acting as an agent for and in behalf of that distillery, winery, or brewery, and shall be required to have received from the liquor control administrator {ADD department ADD} a license for himself to act as agent. The annual fee for that license shall be twenty-five dollars ($25) paid to the liquor control administrator in the department of business regulation {ADD Division of Taxation ADD} .The liquor control administrator {ADD department ADD} may, after notice, suspend or revoke any license for cause.

3-6-13. License bonds to state. -- As conditions precedent to the issuance by the department of business regulation {ADD department ADD} of any manufacturer's license, rectifier's license, wholesaler's license Class A, wholesaler's license Class B, and wholesaler's license Class C under the provisions of this chapter, the person applying therefor shall give bond to the general treasurer of the state in a penal sum in such amount as the department of business regulation shall request with at least two (2) resident sureties satisfactory to the department of business regulation, or a surety company authorized to do business in this state as surety, which bond shall be on condition that the licensee will not violate or suffer to be violated on any licensed premises under his control any of the provisions of this chapter or of chapter 5 of this title or of chapter 10, chapter 34, chapter 40 or chapter 45 of title 11 or of sections 11-2-1, 11-9-13, 11-9-15, 11-11-5, 11-11-6, 11-18-2 -- 11-18-4, inclusive, 11-20-1, 11-20-2, 11-23-4, 11-27-20, 11-31-1 or 11-37-2 -- 11-37-4, inclusive, as amended, and on condition that the licensee will pay all costs and damages incurred by any violation of any of those chapters or sections, and shall also pay to the liquor control administrator in the department of business regulation {ADD Division of Taxation ADD} the license fee required by this chapter.

3-6-14. Certificate of compliance. -- As conditions precedent to transporting, or causing to be transported, distilled spirits, malt beverages, and vinous beverages into this state for storage, sale, or consumption in this state every person, firm or corporation located in another state, shall first obtain a certificate of compliance from the liquor control administrator in the department{ADD . ADD} of business regulations.

The certificate of compliance shall be issued upon the condition that the holder shall furnish, from time to time, as the liquor control administrator {ADD department ADD} may require, but in no event more often than once each month, information concerning all shipments or sales of distilled spirits, malt beverages, and vinous beverages made into this state; that the holder shall furnish information concerning the brand, type of container, quantity, and other information that may be required by the administrator {ADD department ADD} . The administrator {ADD department ADD} is empowered to promulgate such rules and regulations that may be necessary for the enforcement hereof.

As a condition precedent to the issuance of and during the term of a certificate hereunder, the holder shall comply with the provisions of this title, and all rules and regulations promulgated under authority thereof. The administrator {ADD department ADD} may suspend, cancel, or revoke any certificate of compliance issued hereunder for violation of the terms or conditions thereof.

The certificate of compliance shall contain on its face a list of those distilled spirits, malt beverages, and vinous beverages which are transported or caused to be transported into this state by the holder thereof.

The annual fee for the certificate of compliance shall be arrived at in the following manner: fifty dollars ($50.00) {ADD twenty-five dollars ($25.00) ADD} for each and every brand, blend, mixture, variety, type, kind and class of distilled spirits, malt beverages, and vinous beverages. The annual fee shall be prorated to the year ending December 1st in every calendar year and shall be paid to the liquor control administrator in the department of business regulation for use by the administrator for the enforcement of this title, {ADD department and deposited as general revenue, ADD} provided, however, that the liquor control administrator {ADD department ADD} may fix a flat fee per gallon instead of the annual fee for any of the above categories where the application for a certificate of compliance contains an affidavit that less than twenty-five (25) gallons of the category involved will be imported during the year for which filed.

3-6-14.1. Pricing restrictions -- Affirmation of price compliance. -- No holder of a certificate of compliance for distilled spirits or vinous beverages shall ship, transport or deliver within this state, or sell or offer for sale, to a wholesaler, any brand of distilled spirits or vinous beverages at a bottle or case price higher than the lowest price at which that item is then being sold or offered for sale or shipped, transported or delivered by the holder of a certificate of compliance to any wholesaler in any other state of the United States or in the District of Columbia or to any state, including an agency of such state, which owns and operates retail liquor outlets. Prior to the shipment of distilled spirits or vinous beverages, the holder of a certificate of compliance, or the authorized representative of the holder, shall file with the liquor control administrator {ADD department ADD} a written affirmation under oath by the holder of the certificate of compliance certifying that at the time of such filing the bottle or case price to the wholesaler is no higher than the lowest price at which each item of distilled spirits or vinous beverages is being sold, offered for sale, shipped, transported or delivered by that holder to any wholesaler in any other state in the United States or in the District of Columbia, or to any state or agency of a state which owns and operates retail liquor outlets.

A holder of a certificate of compliance may file the affirmation required by this section once and may certify thereon that such affirmation shall remain in full force and effect until amended as set forth herein.

In determining the lowest price for which any item or distilled spirits or vinous beverages is or was sold, offered for sale, shipped, transported or delivered by the holder of a certificate of compliance to a wholesaler in any other state or in the District of Columbia or to any state or state agency which owns and operates retail liquor outlets, appropriate reductions will be made for all discounts, rebates, free goods, allowances and other inducements of any kind whatever offered or given to the wholesaler in another state or in the District of Columbia or to any state agency which owns and operates retail liquor outlets; provided that differentials in price which make only due allowances for differences in state taxes and fees and for the actual cost of delivery are permissible. As used herein the term "state taxes and fees" shall mean the excise taxes imposed or the fees required by any state or the District of Columbia upon or based upon a gallon of alcoholic liquor and the term "gallon" shall mean one hundred twenty-eight (128) fluid ounces.

This section shall not preclude the holder of a certificate of compliance from lowering prices to any wholesaler in any other state of the United States or in the District of Columbia, or to any state or agency of a state which owns and operates retail liquor outlets at any time but notice of such change shall be set forth in an amendment to the affirmation on file in the office of the liquor control administrator {ADD department ADD} . Such amendment shall be under oath and shall be filed within ten (10) days from the date of such change in price.

The liquor control administrator {ADD department ADD} shall enforce the provisions of this section and make such regulations as shall be necessary to carry out its provisions.

SECTION 10. Sections 3-7-21, 3-7-25, and 3-7-26 of the General Laws in Chapter 3-7 entitled "Retail Licenses" are hereby amended to read as follows:

3-7-21. Appeals from local boards to administrator. -- {ADD Appeals from the local boards to director. -- ADD} Upon the application of any petitioner for a license, or of any person hereby authorized to protest against the granting of a license, including those persons granted standing pursuant to section 3-5-19, or upon the application of any licensee whose license shall be revoked or suspended by any local board or authority, the liquor control administrator {ADD Director ADD} shall have the right to review the decision of any local board, and after hearing, to confirm or reverse the decision of the local board in whole or in part, and to make such decision or order as to him shall seem proper, but the application shall be made within ten (10) days after the making of the decision or order sought to be reviewed; and notice of the decision or order shall be given by the local or licensing board to the applicant within twenty-four (24) hours after the making of its decision or order; and the decision or order shall not be suspended except by the order of the liquor control administrator {ADD Director ADD} .

Any appeal or appeals from a decision of any local boards located in the towns of Jamestown, Little Compton, Middletown, Portsmouth or Tiverton, or in the city of Newport shall be heard by the liquor control administrator {ADD Director or his or her designee ADD} within Newport County. The petitioner shall provide a stenographer and shall bear the cost to have a transcript made of the proceedings. A free copy of the transcript shall be provided by the petitioner to the liquor control administrator {ADD Director ADD} upon receipt of the transcript.

The liquor control administrator {ADD Director ADD} may accept into evidence a stenographic transcript of a witness' sworn testimony presented before the local board that was subject to cross examination. Said testimony may be rebutted by competent testimony presented at the hearing held by the liquor control administrator {ADD Director ADD} .

3-7-25. Sanitary conditions for dispensing of malt beverages or wine. -- Beer or wine pipe lines, faucets and barrel-tapping devices used for the dispensing of malt beverages or wine in places where the dispensing is carried on by licensees under this chapter shall be cleaned at least once every four (4) weeks by the use of hydraulic pressure mechanism, hand-pump suction or a force cleaner or other system approved by the liquor control administrator {ADD department ADD} or shall be permanently kept clean by a device approved by the administrator {ADD department ADD} . After cleaning, the lines shall be rinsed with clear water until all chemicals, if any have been used, have been removed. The cleaning equipment must be operated in conformance with the manufacturer's recommendations.

A record, the form of which shall be approved by the liquor control administrator {ADD department ADD} , shall be used to record the dates and the methods used in cleaning of beer or wine pipe lines, coils, tubes and appurtenances. Said record shall be signed by the person who performs the cleaning operation and countersigned by the licensee. Such records shall be kept upon the licensed premises for a period of one (1) year from the date of the last entry and shall be available at all times for inspection by health enforcement and law enforcement officers.

Line cleaners may be certified by the liquor control administrator {ADD department ADD} who shall issue a license and charge a fee not to exceed twenty five dollars ($25.00) for each such license.

3-7-26. Certain practices prohibited. -- (a) No licensee, employee or agent of any licensee who operates under a license to sell alcoholic beverages shall:

(1) cause or require any person or persons to buy more than one drink at a time by reducing the price of that drink;

(2) increase the volume of alcohol contained in any alcoholic beverage without proportionately increasing the price;

(3) sell, propose to sell or deliver to any person or persons an unlimited number of drinks during a certain period of time for a fixed price;

(4) allow or encourage any game or promotion on the premises which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as prizes for consumption on the premises. (b) No licensee shall advertise or promote in any manner, or in any medium, happy hours, open bars, two-for-one nights and/or free drink specials.

(c) Nothing contained herein shall be construed to prohibit licensee from offering free food or entertainment at any time; or to prohibit licensees from including an alcoholic beverage as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person; or to prohibit free wine tastings. Except as otherwise limited by this section, nothing contained herein shall limit or may restrict the price which may be charged by any licensee for any size alcoholic beverage to be consumed on the licensed premises.

(d) Adherence to the provisions contained in this section shall be deemed to be a condition attached to the issuance and/or continuation of every license to sell alcoholic beverages for consumption on the licensed premises, and the provisions of this section shall be enforced by the applicable local licensing authority, and its agents, and the state liquor control administrator {ADD department ADD} .

(e) The provisions of this section shall be deemed to be severable and any final decision by a court of competent jurisdiction holding that any provision of this section is void, shall not make void nor affect any of the remaining provisions of this section.

SECTION 11. Sections 3-8-3, 3-8-6, 3-8-8, and 3-8-8.1 of the General Laws in Chapter 3-8 entitled "Regulation of Sales" are hereby amended to read as follows:

3-8-3. Suspension of license for employment of under-age bartender. -- Any licensee who violates, or permits to be violated, the provisions of section 3-8-2, shall be subject to the suspension of license for a period of at least three (3) calendar days for the first offense. If additional violations occur, the number of calendar days of suspension shall be determined by the liquor control administration {ADD department ADD} .

3-8-6. Unlawful drinking and misrepresentation by underage persons -- Identification cards for persons 21 and older. -- (a) It shall be unlawful for:

(1) any person who has not reached his or her twenty-first (21st) birthday to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages; or

(2) any person who has not reached his or her twenty-first (21st) birthday to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase, or have another purchase for him or her any alcoholic beverage; or

(3) any person to misrepresent or misstate his or her age, or the age of any other persons, or to misrepresent his or her age through the presentation of any of the following documents:

(A) an armed service identification card, valid passport, the identification card license or any other documentation used for identification purposes that may belong to any other person who is of the age of twenty-one (21) years or older;

(B) a motor vehicle operator's license which bears the date of birth of the licensee, and which is issued by the state of Rhode Island or any other state;

(C) a Rhode Island identification card as defined in the following paragraph for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a minor.

(b) The assistant director for motor vehicles shall issue to any person who has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon payment of a fee of ten dollars ($10.00), and, upon presentation of a certified birth or baptismal certificate, or U.S. or foreign passport, or U.S. Naturalization Certificate or a valid immigrant or refugee document issued by the United States Immigration and Naturalization Service, including, but not limited to anyone of the following: Form I-551, Form I-94, Form I-688A, and Form I-688, together with a document bearing the applicant's signature. Provided, however, any person who has reached his or her sixty-fifth (65th) birthday shall not be required to pay such fee. No person who holds an operator's license, issued by the state of Rhode Island shall be issued a Rhode Island identification card. The identification card shall be signed by the assistant director for motor vehicles and also by the applicant and his or her picture secured thereto after entry thereon of the required information and the card shall, thereafter, be encased in laminated plastic. The card shall be two inches (2") in height and four inches (4") in length and shall be printed in the following form:

The identification cards shall be produced at the adult correctional institution if it has facilities to do so; if the adult correctional institution has no such facilities then all cards shall be manufactured by the lowest responsible bidder following advertisement for the solicitation of bids.

(c) Every retail class A, B, C, and D licensee shall cause to be kept a book or photographic reproduction equipment which shall provide the same information as required by the book and that licensee and/or his employee shall require any person who has shown a document as set forth in this section substantiating his or her age, to sign that book or to permit the taking of his or her photograph and indicate what document was presented. Use of said photographic reproduction equipment shall be voluntary for every class A, B, C and D licensee.

The "sign-in as minor" book and photographic reproduction equipment shall be prescribed, published and approved at the direction and control of the state liquor control administrator {ADD department ADD} . The book shall contain at least four hundred (400) pages, shall be uniform throughout the state, and shall be distributed at a cost not to exceed seven dollars ($7.00).

If a person whose age is in question shall sign the "sign-in as minor" book or have such photograph taken before he or she is sold alcoholic beverage or beverages and it is later determined that such person was a person who has not reached his or her twenty-first (21st) birthday at the time of said selling, it shall be considered prima facie evidence that the licensee and/or the licensee's agent or servant acted in good faith in selling those alcoholic beverage or beverages to such person or persons so producing the document as set forth in this section misrepresenting his or her age.

Proof of good faith reliance on such misrepresentation shall be a defense to the prosecution of such licensee and/or the licensee's agent or servant for an alleged violation of this section.

(d) Any person who shall violate any of the provisions of this section shall be punished for the first offense by a mandatory fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250) and may be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of not more than three (3) months; for the second offense by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) and may be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of not more than six (6) months; and the third and subsequent offenses by a mandatory fine for each offense of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and may be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of not more than one (1) year.

Any suspension of an operators license or driving privilege pursuant to this section shall not operate to affect the insurance rating of the offender and any operator's license or driving privilege suspended pursuant to this section shall be reinstated without further expense upon application.

(e) Within thirty (30) days after such incident, the respective police chief of the appropriate city or town is directed to inform in writing, the department of business regulation whether or not charges in accordance with the provisions of this section have been preferred against any person who has not reached his or her twenty-first (21st) birthday violating this section, and, provided, further, that if no such charge shall be brought against any person who has not reached his or her twenty-first (21st) birthday violating the provisions of this section, then the respective police chief will state the reason for his failure to so charge the person who has not reached his or her twenty-first (21st) birthday.

(f) The Rhode Island identification card may be withdrawn at any time for just cause, at the discretion of the assistant director for motor vehicles. The assistant director for motor vehicles shall keep a record of the cards issued and each card shall contain an identification number specifically assigned to the person to whom the card was issued.

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

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

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

SECTION 12. Section 3-9-2 of the General Laws in Chapter 3-9 entitled "Adulterated Liquors" is hereby amended to read as follows:

3-9-2. Analysis of liquors on request. -- The assayer shall analyze all spirituous and intoxicating liquors whenever required so to do by the attorney general or by the sheriff of any county or by the chief of police of any town or city or by the department of business regulation{ADD . ADD}

SECTION 13. Sections 3-12-1, 3-12-3, and 3-12-23 of the General Laws in Chapter 3-12 entitled "Enforcement of Title" are hereby amended to read as follows:

3-12-1. Duty of sheriffs, constables, and police officers -- Action on taxpayer's demand. -- The sheriffs of the several counties and their deputies, and the town sergeants, constables, officers or members of the town or city police, and members of the division of state police, are hereby empowered and it is hereby made their duty to see that the provisions of this title and the rules and regulations made or authorized by the department of business regulation {ADD and the Division of Taxation ADD} are enforced within their respective counties, towns and cities. It shall be their special duty to use their utmost efforts to repress and prevent crime by the suppression of unlicensed liquor shops, gambling places, and houses of ill fame, and they shall also do so on the request of any taxpayer of any town or city and may command aid in the execution of the authority herein conferred. Any officer within the above enumeration who shall wilfully neglect or refuse to perform the duties imposed upon him by this section shall be fined not exceeding five hundred dollars ($500) and be thereafter rendered ineligible again to be appointed to any such position; provided, that the officer may after investigation, before taking any further action at the request of any taxpayer, demand that the taxpayer requesting him to act give a bond to secure to that officer reasonable compensation for his services and to protect him from all costs and damages that may arise from that action.

3-12-3. Entry on licensed premises -- Arrest without warrant -- Evidence of unlawful sales. -- The mayor and council of any city or the town council of any town, or either member thereof, or the chief of police of any city or town, or any police officer, or any constable specially authorized by that council or town council, or any member of the division of state police, or agent of the department of business regulation {ADD and the Division of Taxation ADD} , may at any time enter upon the premises of any person licensed under the provisions of this title, to ascertain the manner in which that person conducts his business and to preserve order; and every chief of police, police officer, constable or member of the division of state police, shall have the power to arrest, without a warrant, all persons found actually engaged, in the premises thus entered, in the commission of any offense in violation of any of the provisions of this title, and to keep those persons so arrested in custody until they can be brought before some magistrate (but for a period not to exceed twenty-four (24) hours) having the proper jurisdiction of that offense in that city or town, to be dealt with according to law; and whenever any person is seen to drink any beverage in those premises, or in any part thereof, on any days or hours prohibited, under the provisions of this title, it shall be evidence that those beverages were sold and kept for sale by the occupant of those premises or his authorized agent.

3-12-23. Notice of conviction to department and local authorities. -- It shall be the duty of each clerk of a court upon the final conviction or sentence of any person for violating any provision of this title, to notify, within ten (10) days after that final conviction or sentence, the town council of the town or the board of commissioners for granting of licenses of the city or town where the person so convicted or sentenced at the time of the complaint carried on business, and also at the time of the conviction carries on business, and also to notify the department of business regulation {ADD and the Division of Taxation ADD} within ten (10) days after the final conviction or sentence of the fact of that final conviction or sentence and of the offense for which that final conviction or sentence was had, and any clerk who shall neglect or refuse to notify as aforesaid shall be fined fifty dollars ($50.00) for each and every offense.

SECTION 14. Section 3-14-15 of the General Laws in Chapter 3-14 entitled "Rhode Island Liquor Liability Act" is hereby repealed.

3-14-15. Commission to study effectiveness of the Rhode Island liquor liability act -- Evaluation. -- A commission to study the effectiveness of the Rhode Island liquor liability act shall be established. It shall be comprised of three (3) members of the house of representatives to be appointed by the speaker of the house, not more than two (2) of whom shall be from the same political party; of whom two (2) may be members of the general public appointed in lieu of legislative appointments; two (2) members of the senate to be appointed by the senate majority leader, not more than one of whom shall be from the same political party; of whom one (1) may be a member of the general public appointed in lieu of legislative appointments; the insurance commissioner or his designee; one (1) holder of a class A liquor license to be appointed by the senate majority leader; one (1) holder of a class B liquor license to be appointed by the speaker of the house; one (1) judge of the district court to be appointed by the chief judge of the district court; one (1) member of the governor's office of highway safety to be appointed by the governor; and one (1) member of the administrative adjudication division to be appointed by the director of the department of transportation; one (1) member of the liquor control hearing board to be appointed by the governor; and the state liquor control administrator or his designee. The commission shall have jurisdiction over legal affairs and shall conduct an evaluation of the effectiveness of this chapter, to be completed within two (2) years of its enactment. Evaluation topics to be addressed include, but are not limited to, initiation of, extent of, or changes in:

(9) The legal interpretations of the provisions of this act, particularly as compared to other state court interpretations.

SECTION 15. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit System" is hereby amended to read as follows:

36-4-2. Positions in unclassified service. -- The classified service shall comprise all positions in the state service now existing or hereinafter established, except the following specific positions which with other positions heretofore or hereinafter specifically exempted by legislative act shall constitute the unclassified service:

(1) Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.

(2) Employees of both houses of the general assembly.

(3) Officers, secretaries and employees of the office of the governor, office of the lieutenant-governor, department of state, department of the attorney-general and the treasury department.

(4) Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.

(5) The following specific offices:

(A) In the department of administration: director;

(B) In the department of business regulation: director , liquor control administrator ;

(C) In the department of elementary and secondary education: commissioner of elementary and secondary education;

(D) In the department of higher education: commissioner of higher education;

(E) In the department of employment security: director; (F) In the department of health: director;

(G) In the department of labor: director, administrative assistant, administrator of the labor board and legal counsel to the labor board;

(H) In the department of environmental management: director;

(I) In the department of transportation: director; employees of the administrative adjudication court as defined in section 31-43-1;

(J) In the department of human services: director;

(K) In the department of state library services: director; and all employees;

(L) In the state properties committee: secretary;

(M) In the workers' compensation court: judges, administrator, deputy administrator, members of the workers' compensation fraud prevention unit, clerk, assistant clerk, clerk-secretary;

(N) In the department of elderly affairs: director;

(O) In the department of mental health, retardation and hospitals: director; administrator of the Dr. Joseph H. Ladd Center;

(P) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration) and wardens;

(Q) In the department of children, youth and families: director, one (1) assistant director, one (1) associate director and one (1) executive director;

(R) In the public utilities commission: public utilities administrator;

(S) In the water resources board: general manager.

(6) Chief of the hoisting engineers, licensing division, and his/or her employees; executive director of the veterans memorial building and his/or her clerical employees.

(7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.

(8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney-general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.

(9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for inclusion of a person in the unclassified service.

The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the Unclassified Pay Plan Board. The Unclassified Pay Plan Board may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.

(16) Members of the division of state police.

(17) Executive secretary of the Blackstone Valley district commission.

(18) Artist and curator of state-owned art objects.

(19) Mental health advocate.

(20) Child advocate.

SECTION 16. Section 42-14-3 of the General Laws in Chapter 42-14 entitled "Department of Business Regulation" is hereby repealed.

42-14-3. Liquor control -- Administrator appointed. -- The director of business regulation shall, with the approval of the governor, appoint a liquor control administrator.

SECTION 17. This article shall take effect July 1, 1996.

Section 1. Section 23-1-5 of the General Laws in Chapter 23-1 entitled "Department of Health" is hereby amended to read as follows:

23-1-5. Enforcement of sanitary laws. -- The department of health and director of health shall enforce the provisions of all general laws and public laws relating to the sanitary inspection of swimming pools, bathing beaches, camp grounds, barber shops, hairdressing parlors, and such other premises and properties the inspection of which may be conferred upon the department of health. The sanitary inspection of barber shops shall be made by registered barbers and the director of health shall employ at least two (2) {ADD one (1) ADD} registered barber s for this purpose who shall enforce rules and regulations as prescribed under chapter 27 of title 5. The department and director shall enforce the provisions of chapter 27 of title 21 insofar as they relate to the inspection of bakeries and other establishments and shall perform the functions relating to child hygiene, food and drugs, the purification of waters, slaughterhouses, and narcotic drugs and pharmacies. Section 2. Section 5-10-3 of the General Laws in Chapter 5-10 entitled "Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians" is hereby amended to read as follows:

5-10-3. Board of barbering and hairdressing -- Appointments -- Organization -- Removal of members. -- (a) The governor shall appoint seven (7) members to a board hairdressing who shall be appointed for a term of four (4) years and until their successors are appointed and qualified. The governor shall appoint one public member, three (3) licensed cosmetologists, and three (3) licensed barbers. However, for the initial board appointments the three (3) hairdressing members of the current board of hairdressing and the three (3) barber members of the current board of barbering shall be automatically appointed to the board of barbering and hairdressing to fulfill their unexpired terms. To be eligible for appointment to the board, the appointee shall have been a licensed barber, or hairdresser and cosmetician, continuously and actively engaged in that practice for at least five (5) years, immediately preceding his appointment, and who shall not be connected, either directly or indirectly with any school of barbering, hairdressing, and cosmetic therapy as defined in section 5-10-1(16), or any establishment dealing in barbering, cosmetic, or hairdressing supplies.

(b) Any member of the board appointed by the governor may be removed by the governor for cause and any vacancy occurring in the membership of the board by that removal shall be filled by the governor by the appointment of some qualified person to serve for the unexpired term.

(c) The division shall keep a record of all proceedings of the board, issue all notices, attest all records, and perform such other duties as may be required by the board.

(d) The department is authorized to employ a chief field inspector and three (3) assistants (one assistant shall be the current barber shop inspector) to assist the division in the proper administration of this chapter, to be appointed by the governor.

Section 3. This article shall take effect July 1, 1996.

SECTION 1. Section 39-3-11.2 of the General Laws in Chapter 39-3 entitled "Regulatory Powers of Administration" is hereby amended to read as follows:

39-3-11.2. Interim rates. -- Notwithstanding the provisions of titles 23 and 39, the municipal tipping fee charged by the solid waste management corporation shall be thirty-two dollars ($32.00) per ton from July 1, 1995 {ADD 1996 ADD} until June 30, 1996 {ADD 1997 ADD} .

SECTION 2. This article shall take effect July 1, 1996.

SECTION 1. Sections 42-75.1-2 and 42-75.1-3 of the General Laws in Chapter 42-75.1 entitled "Voluntary Support of Arts and Tourism" are hereby amended to read as follows:

42-75.1-2. Arts and tourism appropriations development fund. -- {ADD 42-75.1-2. Arts and tourism development fund. -- ADD} (a) Monies appropriated to the Rhode Island arts and tourism commission {ADD subcommittee ADD} shall be for the purpose of the commission's {ADD subcommittee's ADD} provision of grants to tax exempt organization or associations to encourage the development of high quality and artistically significant acts, cultural, and tourism related activities and functions in state and local areas including institutions of learning that pertain to the arts. The funds shall be supplemental to any and all other appropriations heretofore or hereafter made to the Rhode Island council on the arts.

(b) The Rhode Island arts and tourism commission {ADD subcommittee ADD} shall be authorized to distribute such funds only for the purposes of this chapter. The state auditor general shall provide for the annual auditing of all funds distributed in accordance with the provisions of this chapter.

42-75.1-3. Rhode Island arts and tourism commission. -- {ADD 42-75.1-3. Rhode Island arts and tourism subcommittee. -- ADD} (a) The Rhode Island arts and tourism commission {ADD subcommittee ADD} is hereby created {ADD within the Rhode Island Council on the Arts ADD} and shall have access to and control of the monies appropriated for the arts and tourism development commission {ADD subcommittee ADD} for the purposes of subsection (b) of section 42-75.1-2.

(b) The commission {ADD subcommittee ADD} shall consist of eleven (11) members of the general public, five (5) of whom shall be appointed by the governor; three (3) of whom shall be appointed by the speaker of the house; and three (3) of whom shall be appointed by the senate majority leader.

(c) From this membership there shall be elected annually a chairperson, vice-chairperson, secretary, and treasurer. {ADD The chairperson of the subcommittee shall be a voting member of the Rhode Island Council on the Arts. ADD} The commission {ADD subcommittee ADD} members shall meet from time to time as may be required to study and consider any and all proposals and grant requests, and to approve or reject them by a majority vote of a quorum of the commission {ADD subcommittee ADD} members so designated. The commission's {ADD subcommittee's ADD} authority would include, but not necessarily be limited to, the determination of eligibility requirements for recipients, application procedures for grants, the process of awarding grants and the accountability of grant recipients.

SECTION 2. Section 42-75-3 of the General Laws in Chapter 42-75 entitled "Council on the Arts" is hereby amended to read as follows:

42-75-3. Membership of commission. -- The commission shall consist of thirteen (13) {ADD fourteen (14) ADD} members, broadly representative of all fields of the performing and fine arts, to be appointed by the governor subject to the advice and consent of the senate from among citizens of Rhode Island who are widely recognized for their interest, competence, and experience in connection with the performing, visual, and environmental arts. Appointments shall be made without regard to party, but due consideration shall be given to the recommendations of representative civic, educational, and professional associations and groups, concerned with or engaged in the production or presentation of the performing, visual, and environmental arts generally. {ADD The chairperson of the Rhode Island Arts and Tourism subcommittee of the Rhode Island Council on the Arts shall be a voting member of the Rhode Island Council on the Arts with a term of office to coincide with his or her term of office on the subcommittee. ADD}

SECTION 3. This article shall take effect July 1, 1996.

SECTION 1. Section 30-24-6 of the General Laws in Chapter 30-24 entitled "Rhode Island Veterans' Home" is hereby amended to read as follows:

30-24-6. Acceptance of gifts -- Veterans' home restricted account. -- (a) The director of human services is hereby authorized and empowered to take and receive in the name of the state any grant, devise, gift, or bequest of real or personal property that may be made for the use and benefit of the Rhode Island veterans' home or the residents or purposes thereof. All money so received, and all money received under the provisions of sections 30-24-9 and 30-24-10, shall be paid over to the general treasurer and shall be kept by him or her as a restricted account to be known as the "veterans' home restricted account". The director may sell and dispose of any real or personal property received under this section, and any property received under section 30-24-9, and the proceeds of the sale shall be paid over to the general treasurer to be made a part of the restricted account. The restricted account shall be used for the improvement of social, recreational, and educational programs, including the purchase of educational and recreational supplies and equipment for the welfare of members as deemed necessary by the director of human services and for operational expenses. In addition to the uses provided heretofore, the restricted account shall be used for capital improvements at the veterans' home and veterans' cemetery which the director of human services deems necessary; provided, however, the amount allocated to the veteran's cemetery shall not exceed twenty five percent (25%) of the restricted account collected in any one (1) fiscal year.

(b) For the purpose of this section, "collected" shall mean the amount actually received pursuant to sections 30-24-9 and 30-24-10 in a fiscal year and, any income earned by the "Veterans' Home Restricted Account" in a fiscal year.

(c) Notwithstanding subsections (a) and (b) of this section, the maximum amount to be maintained at any time in the veterans' home restricted account shall be four hundred thousand dollars ($400,000), and the general treasurer shall transfer to the general fund all surplus amounts in excess of this maximum restricted account balance.

Section 2. This article shall take effect upon passage.

SECTION 1. Sections 30-15-5, 30-15-6, and 30-15-22 of the General Laws in Chapter 30-15 entitled "Defense Civil Preparedness" is hereby amended to read as follows:

30-15-5. Defense civil preparedness agency created -- Personnel -- Facilities. -- (a) There is hereby created within the executive department, the Rhode Island defense civil preparedness agency (hereinafter in this chapter called the "agency"), to be headed by a director {ADD the adjutant general of the Rhode Island national guard ADD} (hereinafter in this chapter called the "director") who shall be appointed by and serve at the pleasure of, the governor, and who shall be in the unclassified service.

(b) The director {ADD adjutant general ADD} may employ such technical, clerical, stenographic, and other personnel, all of whom shall be in the classified service, and may make such expenditures within the appropriation therefor, or from other funds made available for the purposes of this chapter, as may be necessary to carry out the purposes of this chapter, consistent with other applicable provisions of law.

(c) The agency may provide itself with appropriate office space, furniture, equipment, supplies, stationery, and printing.

(d) The director {ADD adjutant general ADD} , subject to the direction and control of the governor, shall be the executive head of the agency, and shall be responsible to the governor for carrying out the program for disaster preparedness of this state. The director {ADD adjutant general ADD} shall coordinate the activities of all organizations for disasters within the state, and shall maintain liaison with and cooperate with disaster agencies and organizations of other states and of the federal government. The director {ADD adjutant general ADD} shall have such additional authority, duties, and responsibilities authorized by this chapter as may be prescribed by the governor.

30-15-6. Advisory council. -- (a) There is hereby created the Rhode Island defense civil preparedness advisory council (hereinafter in this chapter called the "council"). The council will consist of twenty-nine (29) {ADD twenty-eight (28) ADD} members as follows:

(1) Sixteen (16) {ADD Fifteen (15) ADD} ex officio members as follows:

(i) The lieutenant governor; (ii) The director;

(iii) {ADD (ii) ADD} The adjutant general;

(iv) {ADD (iii) ADD} The law revision officer of the joint committee on legislative services;

(v) {ADD (iv) ADD} The director of health;

(vi) {ADD (v) ADD} The director of transportation;

(vii) {ADD (vi) ADD} The director of human services;

(viii) {ADD (vii) ADD} The superintendent of state police;

(ix) {ADD (viii) ADD} The public utilities administrator;

(x) {ADD (ix) ADD} The director of department of the environment;

(xi) {ADD (x) ADD} The director of mental health, retardation and hospitals;

(xii) {ADD (xi) ADD} The director of elderly affairs;

(xiii) {ADD (xii) ADD} The chairperson of the state water resources board;

(xiv) {ADD (xiii) ADD} The chairperson of the governor's commission on the handicapped;

(xv) {ADD (xiv) ADD} The chairperson of the Rhode Island public transit authority;

(xvi) {ADD (xv) ADD} The executive director of the coastal resources management council or his or her designee; (2) Ten (10) members appointed by and serving at the pleasure of the governor, as follows:

(i) Two (2) members of the senate not more than one of whom shall be from the same political party;

(ii) Two (2) members of the house of representatives not more than one of whom shall be from the same political party; (iii) One representative of the electric industry;

(iv) One representative of the gas industry;

(v) One representative of the telephone industry;

(vi) The executive director of the Rhode Island Petroleum Association or other similarly situated person.

(vii) Two (2) representatives of the general public; one who shall have expertise in disaster preparedness;

(viii) One representative of the Rhode Island League of Cities and Towns;

(ix) One representative of E-911, the uniform emergency telephone authority;

(x) One representative of the media.

(b) It shall be the duty of the council to advise the governor and the director {ADD adjutant general ADD} on all matters pertaining to disaster preparedness. The lieutenant governor shall serve as chairperson of the council and the director {ADD adjutant general ADD} shall serve as vice-chairperson. In providing advice to the governor and the director {ADD adjutant general ADD} , the council shall, among other matters reasonably related to their authority, do the following:

(1) Establish a regular meeting schedule and form subcommittees as may be appropriate; (2) Review disaster preparedness plans and other matters as may be acted upon or otherwise provided for in this chapter;

(3) Establish priorities and goals on Civil Defense preparedness matters on an annual basis;

(4) Study disaster preparedness plans in conjunction with the director {ADD adjutant general ADD} , and otherwise conduct such other studies as may be deemed appropriate;

(5) Review the plans and coordination of the state's Civil Defense programs with appropriate authorized agencies and conduct studies on the programs as may be necessary;

(6) Review the plans and operations of the various cities and towns in disaster preparedness in conjunction with the director and his or her office;

(7) Provide for a payment of twenty-five dollars ($25.00) per meeting not to exceed three hundred dollars ($300.00) per year for meetings attended;

(8) Provide an annual report on its activities in conjunction with the director {ADD adjutant general ADD} .

30-15-22. Transfer of functions and employees to department of administration. -- There are hereby transferred to the department of administration:

(1) Those functions of the defense civil preparedness agency which were administered through or with respect to agency programs in the performance of strategic planning as defined in 42-11-10(c);

(2) All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the defense civil preparedness agency who were performing strategic planning functions as defined in subsection 42-11-10(c); and

(c) So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of defense civil preparedness {ADD adjutant general ADD} as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and (2) of this section.

SECTION 2. This article shall take effect July 1, 1996.

SECTION 1. Title 40 of the General Laws entitled "Human Services" is hereby amended by adding thereto the following chapter:

{ADD 40-8.3-1. Declaration of purpose. -- ADD} {ADD The legislature hereby finds and declares:

That preservation of the ability of the private acute care hospital system of the state to continue to support an increasing uncompensated care burden is of critical importance to the public health and welfare of the citizens of Rhode Island and that implementation of section 1923 of the Social Security Act which permits the federal government to share in the provision of payments to hospitals that provide a significant amount of uncompensated care is an effective way for the state to assist the hospitals in continuing to provide uncompensated care. ADD}

{ADD 40-8.3-2. Definitions. -- ADD} {ADD As used in this chapter: (1) "Base year" means October 1, 1992 through September 30, 1993.

(2) "Medical assistance inpatient utilization rate" for a hospital means a fraction (expressed as a percentage) the numerator of which is the hospital's number of inpatient days during the base year attributable to patients who were eligible for medical assistance during the base year and the denominator of which is the total number of the hospital's inpatient days in the base year.

(3) "Participating hospital" means any non-government and non-psychiatric hospital that: (1) was licensed in accordance with chapter 23-17 of the general laws during the base year, (2) achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the base year, and (3) continues to be licensed in accordance with chapter 23-17 of the general laws during the payment year.

(4) "Uncompensated care costs" means, as to any hospital, the sum of (1) the cost incurred by such hospital during the base year for inpatient or outpatient services attributable to charity care (free care and bad debts) for which the patient has no health insurance or other third-party coverage less payments, if any, received directly from such patients and (2) the cost incurred by such hospital during the base year for inpatient or outpatient services attributable to medicaid beneficiaries less any medicaid reimbursement received therefor; multiplied by the uncompensated care index.

(5) "Uncompensated care index" means five and six hundred fifty five thousandths percent (5.655%), multiplied by the number of years after the base year, up to and including the payment year. ADD}

{ADD 40-8.3-3. Implementation. -- ADD} {ADD For the fiscal year commencing on October 1, 1996, and ending September 30, 1997, each participating hospital shall be paid by the Department of Human Services on or before June 15, 1997, an annual disproportionate share payment equal to the lesser of (1) the hospital's uncompensated care costs or (2) a percentage equal to a minimum of two and seven-tenths percent (2.7%) of the dollar amount of all chargeable services in the hospital's base year adjusted by the uncompensated care index. ADD}

SECTION 2. This article shall take effect July 1, 1996.

SECTION 1. Sections 9-29-1, 9-29-18 and 9-29-19 of the General Laws in Chapter 9-29 entitled "Fees" are hereby amended to read as follows:

9-29-1. District court fees. -- Every district court shall be allowed the following fees in full, to be taxed in the bill of costs in every civil action:

For the entry of every small claim ....... $10.00 {ADD $11.00 ADD}

For the entry of every other action........ $25.00 {ADD $60.00 ADD}

{ADD For every writ of execution........................$10.00 ADD}

In addition to the fees set forth herein, commencing July 1, 1992 a surcharge shall be placed on all filing fees.

Commencing July 1, 1992

For every writ of execution..........................$10.00

Commencing July 1, 1999

For every writ of execution..........................$15.00

9-29-18. Superior court fees. -- The superior court shall be allowed the following fees in full to be taxed in the bill of costs in every civil action:

For entry of every civil action, or petition........ $90.00

..................................................{ADD $135.00 ADD}

For every writ of execution...........................$50.00

For the issuance of every citation....................$25.00

In addition to the fees set forth herein, a surcharge shall be placed on all filing fees.

Commencing July 1, 1999

For every writ of execution..........................$30.00

{ADD Provided, that ten dollars ($10.00) of the fee for the entry of every civil action or petition shall be forwarded to Rhode Island Legal Services. ADD}

9-29-19. Family court fees. -- The family court shall be allowed the following fees in full to be taxed in the bill of costs in every domestic relations or other civil proceeding:

For the entry of every petition, complaint, or action.......

For every writ of execution.............. $25.00 {ADD $40.00 ADD}

In addition to the fees set forth herein, commencing July 1, 1992 a surcharge shall be placed on all filing fees.

Commencing July 1, 1992

For every writ of execution..........................$15.00

Commencing July 1, 1999

For every writ of execution..........................$30.00

SECTION 2. Section 28-35-32 of the General Laws in Chapter 28-35 entitled "Workers' Compensation -- Procedure" is hereby amended to read as follows:

28-35-32. Costs -- Counsel and witness fees. -- No fee shall be charged by the clerk of any court or by the administrator of the workers' compensation court for the performance of any service required by this chapter, except for certified copies of decrees and copies of transcripts. Notwithstanding any provisions of law to the contrary, the workers' compensation court shall be allowed a filing fee of ten dollars ($10.00) {ADD twenty dollars ($20.00) ADD} for the filing of a petition under chapters 29-38 of this title, and a filing fee of twenty-five dollars ($25.00) for the filing of an appeal under section 28-35-28, which sums shall be deposited into "the court improvement project fund" established pursuant to chapter 29.1 of title 9, and these sums shall be used exclusively for the automated civil information system (ACIS), pursuant to chapter 108 of title 42. In proceedings under this chapter,and in proceedings under chapter 37 of this title, costs shall be awarded, including counsel fees and fees for medical and other expert witnesses including interpreters, to employees who successfully prosecute petitions for compensation, petitions for medical expenses, petitions to amend a preliminary order or memorandum of agreement, and all other employee petitions, except petitions for lump sum commutation, and to employees who successfully defend, in whole or in part, proceedings seeking to reduce or terminate any and all workers' compensation benefits, and to medical services providers who successfully prosecute petitions for the payment of medical expenses except that medical services providers shall not be paid expert witness fees for testimony in support of petitions filed in their behalf. These costs shall be assessed against the employer by a single judge, by an appellate panel and by the supreme court on appeal consistent with the services rendered before each tribunal and shall be made a part of the decree. No employee's attorney shall accept any other or additional fees for his services for the particular petition for which the fees are awarded in each tribunal.

SECTION 3. This article shall take effect upon passage and shall be applied prospectively to all civil cases filed after the date of passage.

SECTION 1. Sections 31-34.1-2, 31-34.1-4 of the General Laws in Chapter 31-34.1 entitled "Rental Vehicle Surcharge" are hereby amended to read as follows:

31-34.1-2. Rental vehicle surcharge. -- (a) Each rental company shall collect, at the time a motor vehicle is rented in this state, on each rental contract, a surcharge equal to six percent (6.0%) of gross receipts per vehicle on all rentals for a period of ten (10) or fewer {ADD each of the first ten (10) ADD} consecutive days. The surcharge shall be computed prior to the assessment of any applicable sales taxes, provided, however, such surcharge shall be subject to the sales tax.

(b) The surcharge shall be included on the rental contract and collected in accordance with the terms of the rental contract. The {ADD Fifty percent (50%) of said ADD} surcharge shall be retained by the rental company in accordance with this section and subsection (c) . {ADD , and fifty percent (50%) of said surcharge shall be remitted to the state for deposit in the general fund, on a quarterly basis in accordance with a schedule adopted by the tax administration. ADD} Each rental company collecting and retaining surcharge amounts may reimburse itself {ADD in accordance with this section ADD} from the funds retained for the total amount of motor vehicle licensing fees, title fees, registration fees and transfer fees paid to the state of Rhode Island and excise taxes imposed upon the rental companies' motor vehicles during the prior calendar year; provided, however, that rental companies shall not be authorized to reimburse themselves for title fees, motor vehicles licensing fees, transfer fees, registration fees and excise taxes unless those fees and taxes shall have been {ADD assessed and ADD} paid in full to the state or appropriate city or town prior to any reimbursement. {ADD No reimbursement shall be allowed upon the prepayment of any fees or excise taxes. ADD}

(c) At a date to be set by the state tax administrator, but not later than February 15th of any calendar year, each rental company shall{ADD , in addition to filing a quarterly remittance form, ADD} file a report with the state tax administrator on such form prescribed by him or her, stating the total amount of motor vehicles licensing fees, transfer fees, title fees, registration fees and excise taxes paid by the rental company in the previous year. The amount, if any, by which the surcharge collections exceed the amount of licensing fees, title fees, transfer fees, registration fees and excise taxes paid shall be remitted by the rental company to the state of Rhode Island for deposit in the general fund.

31-34.1-4. False reports -- Penalties. -- Any person making a false report to the tax administrator with the intent to misrepresent the amount of title fees, motor vehicle licensing fees, transfer fees or excise fees paid or the amount of surcharges collected {ADD or who knowingly fails to collect the surcharge as required by this section shall be guilty of a misdemeanor and ADD} shall upon conviction of each offense be fined not more than one thousand dollars ($1,000) or be imprisoned for not more than one (1) year, or by both fine and imprisonment. {ADD In addition to the above penalty, any person convicted of a violation of this section shall forfeit their right to reimbursement for expenses and shall remit the entire six percent (6%) surcharge collected to the state in a manner consistent with 31-34.1-2. ADD}

SECTION 2. This article shall take effect upon passage and shall be retroactive to January 1, 1996.

SECTION 1. Section 12-1.4-2 of the General Laws in Chapter 12-1.4 entitled "Citizens' Commission for the Safety and Care of the Elderly" is hereby amended to read as follows:

12-1.4-2. Creation. -- There is hereby established {ADD within the department of elderly affairs ADD} the citizens' commission for the safety and care of the elderly.

SECTION 2. Section 42-66-4 of the general laws in chapter 42-66 entitled "Department of Elderly Affairs" is hereby amended to read as follows:

42-66-4. Duties of the department. -- (1) The department shall be the principal agency of the state to mobilize the human, physical, and financial resources available to plan, develop, and implement innovative programs to insure the dignity and independence of elderly persons, including the planning, development, and implementation of a home and long-term care program for the elderly in the communities of the state.

(2) The department shall also serve as an advocate for the needs of the adult handicapped as these needs and services overlap the needs and services of elderly persons.

(3) To accomplish the objectives hereinbefore set forth, the director is hereby authorized:

(a) To provide assistance to communities in solving local problems with regard to elderly persons including, but not limited to, problems in identifying and coordinating local resources to serve the needs of elderly persons;

(b) To facilitate communications and the free flow of information between communities and the offices, agencies and employees of the state;

(c) To encourage and assist communities, agencies, and state departments to plan, develop, and implement home and long-term care programs;

(d) To provide and act as a clearing house for information, data, and other materials relative to elderly persons;

(e) To initiate and carry out studies and analyses which will aid in solving local, regional, and statewide problems concerning elderly persons;

(f) To coordinate those programs of other state agencies designed to assist in the solution of local, regional, and statewide problems concerning elderly persons;

(g) To advise and inform the governor on the affairs and problems of elderly persons in the state;

(h) To exercise the powers and discharge the duties assigned to the director in the fields of health care, nutrition, homemaker services, geriatric day care, economic opportunity, local and regional planning, transportation, and education and preretirement programs;

(i) To further the cooperation of local, state, and federal and private agencies and institutions providing for services or having responsibility for elderly persons;

(j) To represent and act on behalf of the state in connection with federal grant programs applicable to programs for elderly persons in the functional areas described in this chapter;

(k) To seek, accept, and otherwise take advantage of all federal aid available to the department, and to assist other agencies of the state, local agencies, and community groups in taking advantage of all federal grants and subventions available for elderly persons and to accept other sources of funds with the approval of the director of administration which shall be deposited as general revenues;

(l) To render advice and assistance to communities and other groups in the preparation and submission of grant applications to state and federal agencies relative to programs for elderly persons;

(m) To review and coordinate those activities of agencies of the state and of any political subdivision of the state at the request of such subdivision, which affect the full and fair utilization of community resources for programs for elderly persons, and initiate programs that will help assure such utilization;

(n) To encourage the formation of councils on aging and to assist local communities in the development of the councils;

(o) To promote, license, and coordinate day care facilities for the frail elderly who are in need of supportive care and supervision during the daytime;

(p) To provide and coordinate the delivery of in-home services to the elderly, as defined under the rules and regulations proposed by the in-home services commission and adopted by the department of elderly affairs;

(q) To advise and inform the public of the risks of accidental hypothermia;

(r) To establish a clearinghouse for information and education of the elderly citizens of the state; and

(s) To establish and operate a "volunteer in-home respite care for the elderly" program.

(t) To provide and coordinate the "elderly/disabled transportation" program.

(4) In order to assist in the discharge of the duties, of the department the director may request from any agency of the state information pertinent to the affairs and problems of elderly persons.

(5) To investigate reports of elder abuse and neglect and to provide and/or coordinate protective services.

{ADD (u) To supervise the citizens' commission for the safety and care of the elderly created pursuant to the provisions of chapter 12-1.4. ADD}

SECTION 3. The law revision officer of the joint committee on legislative affairs is authorized and empowered to make appropriate changes in chapter 12-1.4 to carry out the intent of this article.

SECTION 4. This article shall take effect upon passage.

SECTION 1. Section 42-102-6 of the General Laws in Chapter 42-102 entitled "Workforce 2000 Council" is hereby amended to read as follows:

42-102-6. Duties. -- (a) The council shall meet with other entities involved with vocational education, employment and training and shall be responsible for the planning of employment, and training activities to ensure that a comprehensive and cohesive plan is developed. The council shall take into consideration the needs of all segments of the state's citizenry in establishing goals and training objectives.

(b) The council shall establish policy to ensure the effectiveness and efficiency of programs and activities as they pertain to employment and training.

(c) The council shall provide funding for special projects that will increase and improve the skill base of Rhode Island's workforce. The council shall take into account labor market information from the Rhode Island department of economic development to help establish training needs. In addition, the council shall have the following responsibilities:

(1) Prepare and submit by September 1, 1992 and thereafter annually, a proposed budget for the ensuing year for the governor's approval;

(2) Prepare and submit to the governor, the general assembly, and the auditor general by April 1, 1993 and each April 1 thereafter an annual report on the council's goals, policies, and activities. The auditor general shall conduct annual audits of all financial accounts and such other audits as he or she shall deem necessary.

(3) Ensure that, for those contracts or grants characterized as training or upgrading, the administrative expenses of the private or public entity awarded the contract or grant shall not exceed fifteen percent (15%) of the total contract or grant.

(4) Receive any gifts, grants, or donations made and to disburse and administer them in accordance with the terms thereof; and

(5) Allocate moneys from the job development fund for projects to implement the recommendations of the council . {ADD including but not limited to technology transfers or technical assistance to manufacturers to improve their operations through the use of appropriate technologies. ADD}

SECTION 2. This article shall take effect upon passage.

SECTION 1. This act shall take effect July 1, 1996, except as otherwise provided herein.

In articles where it is provided that the effective date shall be either "July 1, 1996" or "upon passage", and no provision is made for retroactive or prospective application, the effective date shall be July 1, 1996, and if the act is enacted after July 1, 1996, then the article shall be retroactive to July 1, 1996.

In articles where it is provided that the effective date shall be either "July 1, 1996" or "upon passage" and provision is made within the article for retroactive or prospective application, the article shall take effect on July 1, 1996 and its application made retroactive or prospective as set forth in the article.

SECTION 2. This article shall take effect upon passage.