ARTICLE 1 MAKING APPROPRIATIONS IN SUPPORT OF FY 1995

ARTICLE 2 APPROPRIATION AND DISBURSE OF OTHER FUNDS

ARTICLE 3 RI REFUNDING BOND AUTHORITY

ARTICLE 4 SALES AND USE TAX--DEPCO

ARTICLE 5 PUBLIC FINANCE AND STATE BUDGET

ARTICLE 6 1994 CAPITAL DEVELOPMENT PROGRAM

ARTICLE 7 PAYMENT OF POTHOLE CLAIMS

ARTICLE 8 GASOLINE TAX

ARTICLE 9 SIMULCAST

ARTICLE 10 STATE INVESTMENT COMMISSION

ARTICLE 11 RELATING TO REVISED APPROPRIATIONS

ARTICLE 12 RESTRICTED RECEIPTS

ARTICLE 13 RELATING TO CIGARETTE TAX

ARTICLE 14 PUBLIC UTILITIES GROSS EARNINGS TAX

ARTICLE 15 RELATING TO SCHOOL AID

ARTICLE 16 RELATING TO THE R.I. REFUNDING BOND AUTHORITY

ARTICLE 17 TIPPING FEES

ARTICLE 18 GENERAL PUBLIC ASSISTANCE

ARTICLE 19 HOSPITAL LICENSING FEES

ARTICLE 20 MEDICAL ASSISTANCE

ARTICLE 21 TRANSFER OF REGISTRY OF MOTOR VEHICLES TO THE

DEPT. OF ADMINISTRATION

ARTICLE 22 VIDEO LOTTERY TERMINAL--DISTRESSED COMMUNITY

RELIEF FUND

ARTICLE 23 INSPECTIONS OF MOTOR VEHICLES

ARTICLE 24 PRISON LABOR

ARTICLE 25 COMPENSATION OF BOARD MEMBERS

ARTICLE 26 HOLIDAYS

ARTICLE 27 RELATING TO APPROPRIATIONS IN LIEU OF

PROPERTY TAX

ARTICLE 28 EDUCATION EXPENSES FOR DEPT. OF CHILDREN,

YOUTH AND FAMILIES

ARTICLE 29 CONSOLIDATION OF RI HISTORIC PRESERVATION AND

RI HERITAGE COMMISSION

ARTICLE 30 POSTSECONDARY STUDENT FINANCIAL ASSISTANCE

ARTICLE 31 ROGER WILLIAMS RESERVE FUND

ARTICLE 32 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

ARTICLE 33 FISCAL NOTES AND RELATED INFORMATION

ARTICLE 34 TAXATION -- SMOKELESS TOBACCO

ARTICLE 35 STATE FUNDS RESTRICTED RECEIPTS TO GENERAL

REVENUES

ARTICLE 36 RIte CARE -- HEALTH CARE FOR CHILDREN AND

PREGNANT WOMEN

ARTICLE 37 FINANCIAL STATEMENT REQUIRED FROM STATE

DEPARTMENTS, AGENCIES AND INSTRUMENTALITIES

ARTICLE 38 STATE LOTTERY

ARTICLE 39 MANAGEMENT AND DISPOSAL OF PROPERTY

ARTICLE 40 DEPARTMENT OF CORRECTIONS

ARTICLE 41 COURT FILING FEES

ARTICLE 42 EFFECTIVE DATE

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, 1995. The amounts identified for federal funds and restricted receipts shall be made available pursuant to sections 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.

  DEPARTMENT OF ADMINISTRATION   

   Central Management
       General Revenue                                                 1,123,497  
       Total--Central Management                                1,123,497  
   Accounts & Control
       General Revenue                                                 2,982,543  
       Total--Accounts & Control                                 2,982,543  
   Budgeting
       General Revenue                                                 1,343,754  
       Total--Budgeting                                                 1,343,754  
   Bureau of Audits  
       General Revenue                                                 1,227,967  
       Total--Auditing                                                   1,227,967  
   Human Resources  
       General Revenue                                                 5,284,820  
   Restricted Receipts  
       COBRA                                                                    31,293  
       Reserved--Group Life Insurance                              40,000  
       Minority Business Enterprise Trust Fund               116,250  
       Workers' Compensation Fraud Unit                       614,830  
       Contributions--Comm. Development Training       144,150
          Restricted Receipts Total                                     946,523  
          Total--Human Resources                                  6,231,343  
   Taxation  
       General Revenue                                                21,901,098  
       Federal Funds  
       Highway Planning                                                   200,000  
          Federal Funds Total                                              200,000  
       Restricted Receipts    
       DEPCO Escrow Account                                    40,593,750  
       Tire Site Remed.-Port Authority                              149,336  
       RI Vehicle Value Commission--Municipal Share        3,050  
          Restricted Receipts Total                                  40,746,136  
          Total -Taxation                                                 62,847,234  
       Central Services  
       General Revenue                                                 16,138,789  
       Restricted Receipts  
       Administration Parking Garage                                243,660  
        Publications--Building Codes                                  361,882  
        Manufactured Bldgs.--Costs of Monitoring               47,904  
        Building Contractors Registrations                          647,245  
        Building Commission Permit Fees--Levy                  412,449
              Restricted Receipts Total                                 1,713,140  
              Total--Central Services                                  17,851,929  
   Purchasing  
        General Revenue                                                   2,034,448  
        Total--Purchasing                                                  2,034,448  
        Information Processing  
        General Revenue                                                      264,773  
        Total--Information Processing                                 264,773  
    State Planning  
        General Revenue                                                 28,674,983  
         Federal Funds  
         Economic Development Planning                             40,335  
         Urbon Mass. Trans. Technical Grants                    120,000   
         Federal Funds Total                                                 160,335  
         Restricted Receipts  
         Public Service Corp. Tax--Adm. Expens.                  54,750  
         General Revenue Sharing                                      1,209,000  
         Distressed Communities--Video Betting                 4,650,000
          Restricted Receipts Total                                      5,913,750  
              Total--Planning                                               34,749,068  
          General  
          General Revenue                                                 36,393,592  
           Restricted Receipts  
           Restore and Replace Insurance Coverage               521,000  
           Debt Service on Borrowed Funds                          1,000,000
            Restricted Receipts Total                                    1,521,000  
               Total--General                                               37,914,592  
               Total General Revenue                                117,370,264  
               Grand Total: Administration                        168,571,148  

DEPARTMENT OF BUSINESS REGULATION

   Central Management  
       General Revenue                                                        210,700  
        Total--Central Management                                      210,700  
   Banking Regulation  
        General Revenue                                                       312,730  
        Restricted Receipts  
   Banking Examination Fees                                            982,234  
         Restricted Receipts Total                                         982,234  
             Total--Banking Regulation                               1,294,964  
   Securities Regulation  
          Restricted Receipts  
          Adm. Enforce Title 5 Solicit Char. Organ                40,803  
           Securities Registration Fees                                     762,785
               Restricted Receipts Total                                   803,588  
               Total--Securities Regulation                              803,588  
   Licensing and Consumer Protection  
   General Revenue                                                            603,222  
   Restricted Receipts  
   Bd. of Hearing Aid Dealers & Fitters                                 2,200  
   Bedding & Upholstered Furniture Fees                            44,829  
   Board of Accountancy                                                    190,650  
   Mobile and Manufactured Home Commission                 30,535  
   Real Estate Appraisers--Registry Fees                              22,200  
   Real Estate Recovery                                                          80,000
       Restricted Receipts Total                                            370,414  
       Total--Licensing and Consumer Protection                973,636  
   Racing and Athletics  
       Restricted Receipts  
       Racing and Athletics                                                   919,984  
       Simulcast Betting                                                          162,750
          Restricted Receipts Total                                      1,082,734  
          Total--Racing and Athletics                                  1,082,734  
   Insurance Regulation  
       General Revenue                                                         324,480  
       Restricted Receipts  
       Assessment For Costs of Rate Filings                         842,394  
       Insur. Cos. Assessment For Actuary Costs                  170,000  
       Continuing Education Requirements                             30,963  
       Insurance Examination Fees                                     1,653,300  
       Insurance--Admin. Penalties                                            9,300  
       Insurance--Filing Fees                                                    184,857
            Restricted Receipts Total                                      2,890,814  
            Total--Insurance Regulation                                 3,215,294  
   Liquor Control  
       General Revenue                                                          199,687  
   Restricted Receipts  
   Enforcement Compliance Provision                                169,260  
        Restricted Receipts Total                                            169,260  
         Total--Liquor Control                                                368,947  
         Total General Revenue                                           1,650,819  
        Grand Total: Business Regulation                           7,949,863  
   Department of Economic Development  
        General Revenue                                                      3,095,855  
        Restricted Receipts  
         Promotion and Development                                       18,600  
         Statewide Tourism Promotion--Hotel Tax              1,368,700  
         Statewide Regnl. Tourism Dist--Hotel Tax                  46,500  
         Port Authority Reimbursement                                   470,300
            Restricted Receipts Total                                      1,904,100  
            Total General Revenue                                         3,095,855  
            Grand Total--Economic Development                 4,999,955  
   Department of Labor  
        Labor Law Enforcement  
        General Revenue                                                          959,922  
        Federal Funds  
        Occupational Safe and Health Act 1970--Feds              59,750  
            Federal Funds Total                                                   59,750  
        Restricted Receipts  
             Professional Regulation--Licensing                        862,110  
             Assessment--Ha Sub, Right-to-Know                     282,943  
         Boiler Inspections                                                         78,201  
         Elevator Inspections                                                    254,639  
         Jewelry Contractor Permit Fees                                    65,100
             Restricted Receipts Total                                     1,542,993  
             Total--Labor Law Enforcement                           2,562,665  
         Fire and Police Relief Funds  
             General Revenue                                                  2,528,921  
              Total--Fire and Police Relief Funds                    2,528,921  
         Workers' Compensation and Rehabilitation  
               Restricted Receipts  
               Claims Mon. & Data Proc. Unit--W.C.                 712,970  
               Donley Center Operations                                  3,713,588  
               Education Unit                                                      537,102  
               Second Injury Fund Operation                           4,644,815  
                Injured Workers' Incentive Benefit                      400,000  
                Self Insurance Operations                                    644,752  
                Workers' Comp. Special Assessment                  5,062,000
                     Restricted Receipts Total                           15,715,227  
                     Total--Workers' Comp. and Rehab.           15,715,227  
          Central Management  
                General Revenue                                                  739,382  
          Restricted Receipts  
          Director of Workers' Compensation                           512,789  
          Oil Company Licensing                                               11,207   
                 Restricted Receipts Total                                     523,996  
                 Total--Central Management                              1,263,378  
                 Total General Revenue                                      4,228,225  
                 Grand Total: Labor                                          22,070,191  
   Legislature  
   General Assembly  
          General Revenue                                                       2,345,304  
           Total--General Assembly                                         2,345,304  
   House Fiscal Advisory Staff to the House Finance Committee  
          General Revenue                                                          659,957  
          Total--Fiscal Advisory Staff                                        659,957  
   Legislative Council  
          General Revenue                                                       2,054,443  
           Total--Legislative Council                                       2,054,443  
   Joint Committee on Legislative Services  
          General Revenue                                                       7,285,750  
           Total--Joint Comm. on Legislative Services            7,285,750  
   Auditor General  
           General Revenue                                                      1,738,544  
           Restricted Receipts  
           Audit Of Federal Assistance Programs                         608,321
           Restricted Receipts Total                                            608,321  
           Total--Auditor General                                            2,346,865  
   Special Legislative  
           General Revenue                                                           65,836  
           Total--Special Legislative                                             65,836  
           Total General Revenue                                           14,149,834  
           Grand Total: Legislature                                        14,758,155  
   Office of Lieutenant Governor  
           General Revenue                                                         515,090  
           Grand Total--Lt. Governor's Office                            515,090  
   Secretary of State  
           General Revenue                                                      4,904,199  
           Federal Funds  
           NEH--Archives Grant                                                     46,729
                  Federal Funds Total                                               46,729  
           Restricted Receipts  
           Gift Shop                                                                       18,600  
           Historical Records Trust                                              120,900
                 Restricted Receipts Total                                       139,500  
                 Total General Revenue                                       4,904,199  
                 Total--Secretary of State                                     5,090,428  
   General Treasurer  
           General Revenue                                                       2,360,417  
           Restricted Receipts  
           Violent Crimes Compensation                                   1,185,750  
           Childhood Disease Victim's Fund                                   24,180  
           Public Finance Management Board Fund                       72,461  
           Unclaimed Property Program                                     7,063,761  
           Admin. Expenses--State Retirement System              3,166,806
                Restricted Receipts Total                                     11,512,958  
                Total General Revenue                                          2,360,417  
                Total--Treasury                                                    13,873,375  
   Board of Registration and Examination Architects  
           Restricted Receipts Total                                                 64,400  
            Total--Board of Architects                                              64,400  
   Arts and Tourism Development Fund  
            Restricted Receipts Total                                                10,000  
            Total--Arts and Tourism Commission                            10,000  
   Board of Elections  
           General Revenue                                                         2,255,407  
            Total--Board of Elections                                           2,255,407  
   Rhode Island Ethics Commission  
           General Revenue                                                            776,587  
            Total--Rhode Island Ethics Commission                      776,587  
   Office of Governor  
            General Revenue                                                        2,235,095  
             Federal Funds-National Community Serv. Corps.       111,022  
             Total General Revenue                                              2,235,095  
             Total--Office of Governor                                         2,346,117  
   Office of Housing, Energy and Intergovernmental Relations  
            General Revenue                                                            888,432  
   Federal Funds
            Fuel Pricing Grant                                                            14,232  
            Overcharge Funds                                                       3,004,664  
            Energy Conservation Grants                                            35,102  
            Technical Assistance Program                                         70,322  
            Community Development Block Grant                      7,031,744  
            Emergency Shelter Grants Program                               250,000  
            Supportive Housing Demonstration Program                  50,000  
            Supp. Assistance for Facilities to Assist Homeless        300,000  
            State Energy Conservation                                             134,315  
            Weatherization Assistance--Low Income                    1,266,567  
            Energy Extension Service                                                 52,481  
            Energy Conservation--Institutional Bldg.                         50,267  
            Low Income Home Energy Assistance                       14,311,381
                 Federal Funds Total                                               26,571,075  
            Restricted Receipts  
            Housing Revolving Funds                                                 99,510  
            Residential Conservation Service Program                       56,103  
            Oil Overcharge Exxon Interest Earnings                           50,000  
            Stripper Well Oil Overcharge Int. Earn                           400,000  
            Diamond Shamrock Overcharge Int. Earn.                        25,000  
            Coline Gas & Natl Helium Corp Oil Ovrc                         25,000
                Restricted Receipts Total                                              655,613  
                Total General Revenue                                                 888,432  
                Total--OHEIR                                                          28,115,120  
   Office of Management & Administrative Services  
            General Revenue                                                               682,518  
            Total--Office of Management & Admin. Services            682,518  

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 $1,602,554,634.

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. The director of administration, with the approval of the governor, is hereby authorized and empowered to transfer any funds in any state general revenue appropriation item or any part thereof appropriated for the support of any department or agency to any other item for the support of any function or functions in the same department or agency; provided this section shall not affect the authority of the board of regents for elementary and secondary education and the board of governors for higher education to reallocate its budget as provided in sections 16-60-8 and 16-59-9 respectively; provided further, however, that notification must be given to the state budget office, to the house and senate finance committees, and to the joint committee on legislative affairs by the board of regents for elementary and secondary education and the board of governors for higher education as to such allocations and changes of allocations made by said boards within ten (10) days of any such action during the fiscal year for which appropriations are made.

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. Whenever increases or decreases are made by the General Assembly to appropriations contained in Section 1 or 2 of this Article, the General Assembly may include a line-item indication of the changes with the section, or provide a written "statement of legislative intent," signed by the Chairman of the Senate Finance Committee and by the Chairman of the House Finance Committee, on file in the Senate Finance Committee and in the House Finance Committee to show the intended purpose of such changes.

SECTION 8. 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.

SECTION 9. Section 12-25-13 of the General Laws in Chapter 12-25 entitled "Criminal Injuries Compensation" is hereby amended to read as follows:

{ADD 12-25-13. Deposit of funds. -- ADD} All moneys assessed {ADD pursuant to section 12-25-12 ADD} as costs against defendants as herein provided shall be paid by the clerks of the {ADD family, ADD} district and superior courts to the general treasurer who shall keep such funds in the violent crimes indemnity account. {ADD Funds received by the general treasurer in excess of thirty thousand dollars ($30,000) shall be made available and distributed within thirty (30) days of receipt in accordance with the provisions of this chapter. ADD}

SECTION 10. This article shall take effect July 7, 1994.

SECTION 1. Appropriation for Temporary Disability Insurance Administration -- Notwithstanding the method of making appropriations for administrative funds for the payment of expenses of administering this act as provided in section 28-39-33 and 28-39-34 of the general laws of 1956, but subject to the same conditions, limitations and restrictions, the following sums are hereby appropriated for said purpose for the fiscal year ending June 30, 1995 payable out of the Rhode Island temporary disability insurance reserve fund. On order of the director of administration, 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 him or her of properly authenticated vouchers.

               {ADD  Department of Employment and Training  ADD}  :

              Rhode Island temporary disability insurance

              Administration                                      $  5,651,106  

                {ADD  Treasury Department  ADD}  :

              Rhode Island temporary disability insurance

              Administration (Treasurer's Office)                 $    259,962  

                                                        {ADD              ADD}  

              Total --                                            $  5,911,068  

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 benefit payments from the Temporary Disability Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 1995.

SECTION 2. Appropriation of Unemployment Insurance and Training Funds -- Notwithstanding the method of making appropriations for administrative funds for the payment of expenses of administering this act as provided in section 28-42-25, 28-42-26 and 28-42-29 of the general laws of 1956, but subject to the same conditions, limitations and restrictions, the following sums are hereby appropriated for said purpose for the fiscal year ending June 30, 1994 payable out of the Rhode Island Employment Security Fund. On order of the director of administration, 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 him or her of properly authenticated vouchers.

              {ADD  Department of Employment and Training  ADD}  :

              Rhode Island employment security fund

              Administration -- unemployment insurance            $ 45,250,067  

                {ADD  Treasury Department  ADD}  :

              Rhode Island employment security fund

              Administration--(Treasurer's Office)                     258,765  

                                                        {ADD              ADD}  

              Total --                                            $ 45,508,832  

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, 1995.

SECTION 3. 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 for Higher Education for the fiscal year ending June 30, 1995 payable out of the University and College Funds.

SECTION 4. Appropriation for the Intermodal Surface Transportation Fund -- Pursuant to the method of making appropriations of gas tax receipts as provided in sections 31-36-20 of the general laws, but subject to the same conditions, limitations and restrictions, the following sums are hereby appropriated for said purposes for the fiscal year ending June 30, 1995 payable out of the Intermodal Surface Transportation Fund. On 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 5. {ADD Appropriation of Higher Education Assistance Authority Loan Program Funds. ADD} --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 sources other than appropriations, any funds received by the Rhode Island Higher Education Assistance Authority for the fiscal year ending June 30, 1995 payable out of the Higher Education Assistance Authority Loan Program. On 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 6. Appropriation of Rhode Island Public Telecommunications Authority Funds.--There is hereby appropriated pursuant to section 16-61-13 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, 1995 payable out of the Rhode Island Public Telecommunications Authority Fund. On 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 7. Section 35-4-23 of Chapter 35-4 of the General Laws entitled "State Funds" is hereby amended to read as follows:

{ADD 35-4-23. Delaware plan capital accounts. -- ADD} From the proceeds of any receipts transferred pursuant to the provisions of the Rhode Island Constitution the state controller is hereby authorized to create an account or accounts within the Bond Capital Fund. Such accounts shall be used to record expenditures from the aforementioned receipts which are authorized to be spent with the approval of the governor. Certain of these funds may be allocated to agencies for the purpose of completing preliminary planning studies for proposed projects. In the event the project is completed with funds appropriated from another source, the preliminary planning funds shall be returned to the Bond Capital Fund and shall be placed in a revolving account for future reallocation. The intended use of the Delaware Plan capital funds shall be determined through the annual capital {ADD and operating ADD} budget process.

SECTION 8. Chapter 42-35 of the General Laws entitled "Administrative Procedures" is hereby amended by adding thereto the following section:

{ADD 42-35-1.1. Bodies subject to chapter. -- ADD} {ADD Notwithstanding any other provision of the general laws or any public law or special act to the contrary, all agencies as defined in section 42-35-1(a) and all agencies, boards, commissions, departments, and officers authorized by law to make rules or to determine contested cases, and all authorities as defined in section 45-35-1(b) are subject to the provisions of this chapter. ADD}

SECTION 9. This article shall take effect July 1, 1994.

SECTION 1. Included in the amounts appropriated within section 1 of article 1 of this act is two million thirty five thousand five hundred eighty dollars ($2,035,580) 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 the fund of said commission is not sufficient to pay debt service of twenty nine thousand nine hundred forty five dollars ($29,945) on the bonds of the Rhode Island Refunding Bond Authority coming due during the fiscal year ending June 30, 1995, 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, 1994.

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:

{ADD 44-19-40. Disposition of revenue. -- ADD} (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, {DEL 1993 DEL} {ADD 1994 ADD} , six-tenths of one percent (0.6%) within the existing sales and use tax rates established in chapter 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, 1992 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, 1992 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, {DEL 1993 DEL} {ADD 1994 ADD} shall be deemed to be for the periods ending prior to July 1, {DEL 1993 DEL} {ADD 1994 ADD} and net taxes received and/or refunded on or after August 1, {DEL 1993 DEL} {ADD 1994 ADD} shall be deemed to be for periods ending on July 1, {DEL 1993 DEL} {ADD 1994 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, {DEL 1993 DEL} {ADD 1994 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 such special obligation bonds secured by the special revenue fund in the fiscal year commencing July 1, {DEL 1993 DEL} {ADD 1994 ADD} or the amount required to be deposited into any debt service fund for such purposes.

SECTION 3. This article shall take effect July 1, 1994.

SECTION 1. Section 35-3-7 of the General Laws in Chapter 35-3 entitled "State Budget" is hereby amended to read as follows:

{ADD 35-3-7. Submission of budget to general assembly -- Contents. -- ADD} (a) On or before {DEL first Thursday of March DEL} {ADD the third Wednesday in February of 1995 and in each year thereafter ADD} of each January session of the general assembly, the governor shall submit to the general assembly a budget containing a complete plan of estimated revenues and proposed expenditures with a personnel supplement detailing the number and titles of positions of each agency and the estimates of personnel costs for the next fiscal year. Therein the governor may set forth in summary and detail:

(1) Estimates of the receipts of the state during the ensuing fiscal year under laws existing at the time the budget is transmitted and also under the revenue proposals, if any, contained in the budget and comparisons with the estimated receipts of the state during the current fiscal year, as well as actual receipts of the state for the last two (2) completed fiscal years.

(2) Estimates of the expenditures and appropriations necessary in the governor's judgment for the support of the state government for the ensuing fiscal year, and comparisons with appropriations for expenditures during the current fiscal year, as well as actual expenditures of the state for the last two (2) complete fiscal years.

(3) Financial statements of the condition of the treasury at the end of the last completed fiscal year; the estimated condition of the treasury at the end of the current fiscal year, and the estimated condition of the treasury at the end of the ensuing fiscal year if the financial proposals contained in the budget are adopted.

(4) All essential facts regarding the bonded and other indebtedness of the state.

(5) Such other financial statements and data as in the governor's opinion are necessary or desirable.

(6) A report indicating those program revenues and expenditures whose funding source is proposed to be changed from state appropriations to restricted receipts, or from restricted receipts to other funding sources.

(b) Any other provision of the general laws to the contrary notwithstanding, the proposed appropriations submitted by the governor to the general assembly for the next ensuing fiscal year should not be more than five and one-half percent (5.5%) in excess of total state appropriations, excluding any estimated supplemental appropriations, enacted by the general assembly for the fiscal year previous to that for which the proposed appropriations are being submitted; provided further however, that, commencing in fiscal year 1986-87 the increased state share provisions required to achieve fifty percent (50%) state financing of local school operations as provided for in P.L. 1985, ch. 182 shall be excluded from the definition of total appropriations.

SECTION 2. This article shall take effect upon passage.

SECTION 1. {ADD Proposition to be submitted to the people. -- ADD} At the general election to be held on the Tuesday next after the first Monday in November, 1994, 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, 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 1) Transportation $56,500,000

Provide 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, state facilities and mass transit projects.

This bond money shall not be used by any public, private, or quasi-public entity for the purchase, planning, construction, land acquisition, or leasing of a parking garage in conjunction with the proposed Providence Place Mall (Mall of New England) or other similar facility on land presently occupied by the University of Rhode Island College of Continuing Education and adjacent railroad land connected with the Providence Place Mall Project in the City of Providence. Furthermore, there shall be no utilization of any state of Rhode Island bonding authority credits or entitlements for the purposes stated previously in relation to the proposed parking garage.

2) Rhode Island Historical Preservation Commission $4,500,000

(a) Historical Preservation Revolving Fund $1,500,000

Provide funds to the Historical Preservation Revolving Fund established by section 42-45-10 of the Rhode Island General Laws.

(b) Loans and grants $3,000,000

Provide loans and grants for restoration of historic sites, landscapes and structures owned by State and municipal government agencies and by non-profit organizations and to fund the acquisition of development rights to historic properties.

3) Correctional Facilities $3,800,000

Provide funds for rehabilitation of correctional facilities, including but not limited to major repairs and renovations to roofs, windows, interior structural deficiencies and heating, air and ventilation systems.

4) Elementary and Secondary Education $29,000,000

Provide funds for the acquisition of land, construction and equipping of a career and technical school in Providence.

5) State House $5,000,000

Provide funds for major structural repairs and rehabilitation of the State House, including but not limited to the correction of structural deficiencies relating to the terrace walls, surface, stairs and retaining walls surrounding the State House, lighting and elevator upgrade.

SECTION 2. {ADD Proposition to be submitted to the people. -- ADD} At the general election to be held on 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, 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 temprary notes authorized in accordance with the provisions of said act?"

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. {ADD Ballot labels and applicability of general election laws. -- ADD} 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 project") listed in the propositions provided for in sections 1 and 2 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 consitent herewith, shall apply to voting on the propositions authorized for in sections 1 and 2 hereof.

SECTION 4. {ADD Approval of projects by people. -- ADD} If a majority of the people voting on the propositions provided for in sections 1 and 2 hereof shal 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 sections 1 and 2 hereof which have been approved by the people.

SECTION 5. {ADD Bonds for capital development program. -- ADD} 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 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 for all such projects as have been approved by the people to be designated as "capital development loan of 1994 bonds" and "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 issue 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 multiplies 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 issued 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. {ADD Refunding bonds for 1994 and 1996 capital development program. -- ADD} 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 1994 and 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 1994 refunding bonds" and "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 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. {ADD Proceeds of capital development program. -- ADD} The general treasurer is directed to deposit the proceeds from the sale of such capital develoment bonds, 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 sections 1 and 2 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 sections 1 and 2 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 folloiwng 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 sections 1 and 2 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 sections 1 and 2 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 issue for such 1994 and 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 sections 1 and 2 hereof.

The state controller is authorized and directed to draw his or her orders upon the general treasurer for payment out of such capital develoment 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. {ADD Temporary capital development notes. -- ADD} 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 and 2 hereof, subject to the limitations as to the amount set forth in this act, and to be designated as "state capital development loan of 1994 notes" and "state capital development loan 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 develoment 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. {ADD Bonds and notes to be tax exempt and general obligations of the state. -- ADD} 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.

SECTION 10. {ADD Sale of bonds and notes. -- ADD} 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 becomedue, 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 11. {ADD Investment of moneys in fund. -- ADD} 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 funds 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 12. {ADD Amortization. -- ADD} 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 13. {ADD Advances from general fund. -- ADD} 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 develoment 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 14. {ADD Federal assistance and private fund. -- ADD} 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 provisions of any federal legislation therfor, 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 provision of state law. Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited in such capital develoment 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 15. {ADD Extension of previous authorizations. -- ADD} The general assembly hereby extends the authority to issue the folloiwng 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 March 1, 1994 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 16. Extinguishments of previous authorizations. -- The General Assembly hereby extinguishes as of June 30, 1994 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 March 1, 1994 as follows:

SECTION 17. {ADD Effective Date. -- ADD} Sections 1, 2, 3, 14, 15, and 16 and this section of this article shall take effect upon its passage; 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 sections 1 and 2 hereof have indicated their approval of all or any projects thereunder.

SECTION 1. Section 24-8-35 in Chapter 24-8 of the General Laws entitled "Construction and Maintenance of State Roads" is hereby amended to read as follows:

{ADD 24-8-35. Damage caused by potholes -- Claims against the state. -- ADD} If any person shall incur damage to his or her motor vehicle by reason of a pothole on any state highway, causeway or bridge which damage would not have occurred without the existence of the pothole, he or she may recover from the state the amount of damages sustained up to and not more than the sum of three hundred dollars ($300.00). All claims shall be made within a period of seven (7) days from the date on which the damage was sustained by filing a written report in a manner prescribed by the director of the department of transportation who shall in all instances make the final determination as to the merits of any claim so submitted. {ADD All claims approved by the director shall be paid in full within forty-five (45) days of such final approval. ADD} In no instance, however, shall any claim for damage so caused to a motor vehicle registered in a foreign state be considered unless that state has a similar statute affording similar protection to persons owning motor vehicles registered in this state.

This article shall take effect upon passage.

SECTION 1. Section 31-36-20 of the Rhode Island General Laws in Chapter 31-36 entitled "Gasoline Tax" is hereby amended to read as follows:

{ADD 31-36-20. Disposition of proceeds. -- ADD} Notwithstanding any other provision of law to the contrary, all moneys paid into the general treasury under the provisions of this chapter or chapter 37 of this title shall be applied to and held in a separate fund and be deposited in such depositories as may be selected by the General Treasurer to the credit of the fund, which fund shall be known as the Intermodal Surface Transportation Fund; provided, however, that an amount equal to three cents ($.03) per gallon of the tax imposed and accruing for the liability of each calendar quarter, pursuant to the provisions of section 31-36-7, less refunds and credits, beginning with the tax reporting period for the return due October 20, 1983 and for every quarterly reporting period thereafter, shall be used for making appropriations for the financial support of the Rhode Island Public Transit Authority as provided under section 39-18-21, and an amount equal to one cent ($.01) per gallon shall be used for making appropriation for the financial support of the Elderly/Disabled Transportation Program of the department of elderly affairs, provided however that the department of elderly affairs shall transfer two hundred fifty thousand dollars ($250,000.00) to the general fund on December 31, 1993 and {DEL two hundred fifty thousand DEL} {ADD six hundred fifty thousand ADD} dollars {DEL ($250,000) DEL} {ADD ($650,000) ADD} on June 30, 1994, and ten {DEL point six DEL} cents {DEL ($.106) DEL} {ADD ($.10) ADD} per gallon shall be available for the general purposes of the state {ADD for the period beginning July 1, 1993 ADD} . All deposits and transfers of funds made by the tax administrator under this section including those to the Rhode Island public transit authority, the department of elderly affairs and the general fund, shall be made within twenty-four (24) hours of receipt or previous deposit of the funds in question.

(b) Notwithstanding any other provision of law to the contrary, all other funds in the fund shall be dedicated to the Rhode Island department of transportation, subject to annual appropriation by the general assembly. The director of the department of transportation shall submit to the general assembly, budget office and office of the governor annually an accounting of all amounts deposited in and credited to such fund together with a planned budget for proposed expenditures for the succeeding fiscal year in compliance with section 35-3-1 and section 35-3-4. On order of the director of transportation, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum of such portion thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

(c) At any time the amount of the fund is insufficient to fund the expenditures of the department of transportation, not to exceed the amount authorized by the general assembly, the general treasurer is authorized from time to time, with the approval of the governor and the director of administration, in anticipation of the receipts of monies enumerated in section 31-36-20 to advance sums to the fund, for the purposes specified in section 31-36-20, any funds of the state not specifically held for any particular purpose, provided, however, that all such advances made to the fund shall be returned to the general fund forthwith upon the receipt by such fund of proceeds resulting from the receipt of monies to the extent of such advances.

SECTION 2. This article shall take effect upon passage.

SECTION 1. Section 41-11-2 in Chapter 41-11 entitled "Simulcast Programs from Licensed Betting Facilities" is hereby amended as follows:

{ADD 41-11-2. Simulcast. -- ADD} (a) Notwithstanding the provisions of section 41-4-2 as to location of programs only, a licensee may enter into a contract with any licensed racing association to simulcast programs from the facility on certain racing days.

(b) A licensee may simulcast programs a maximum of {DEL two hundred eight (208) DEL} {ADD two hundred seventy (270) ADD} days in a state fiscal calendar year.

(c) A licensee shall obtain a permit from the division of racing and athletics.

(d) A licensee may accept pari-mutuel wagering on the simulcast at the licensed facility and not at any other location.

(e) When the program is a dog race, the licensee shall compensate the owners of dog kennels who are under contract with the licensee at the time of the program. The compensation shall be equal to that percentage of the pari-mutuel handle paid to said owners pursuant to the contract then existing between the licensee and the said owners.

A licensee licensed pursuant to chapter 7 of title 41 who receives simulcasts of dog races intrastate shall compensate the owners of dog kennels who are under contract with a licensee licensed pursuant to chapter 3.1 of title 41 at the time of the simulcast an amount equal to the percentage of the pari-mutuel handle being paid to said dog kennel owners pursuant to their contracts with the licensee licensed pursuant to chapter 3.1 of title 41.

SECTION 2. This Article shall take effect on July 1, 1994.

SECTION 1. Section 35-10-10 of the General Laws in Chapter 35-10 entitled "State Investment Commission" is hereby repealed.

{DEL 35-10-10. DEL} {DEL Appropriation. -- DEL} {DEL There is hereby annually appropriated out of any money in the treasury not otherwise appropriated the sum of fifteen hundred dollars ($1,500) to carry out the purpose of this chapter; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of this sum or so much thereof as may from time to time be required upon receipt by him or her of properly authenticated vouchers. DEL}

SECTION 2. This article takes effect July 1, 1994.

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, 1994 for the purposes hereinafter mentioned, such sums to be in addition to any sums 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. {ADD Appropriation for Temporary Disability Insurance Administration. -- ADD} Notwithstanding the method of making appropriations for administrative funds for the payment of expenses of administering this act as provided in sections 28-39-33 and 28-39-34 of the general laws of 1956, but subject to the same conditions, limitations and restrictions, the following additional sums are hereby approriated for said purpose for the fiscal year ending June 30, 1994 payable out of the Rhode Island temporary disability insurance reserve fund. On order of the director of administration, 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 properly authenticated vouchers.

{ADD Treasury Department ADD} :

Rhode Island Temporary Disability Insurance

Administration (Treasurer's Office) {ADD 2,114 ADD}

Total-- {ADD $2,114 ADD}

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 benefit payments from the Temporary Disabilitiy Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 1994.

SECTION 3. {ADD Appropriation of Unemployment Insurance and Training Funds. -- ADD} Notwithstanding the method of making appropriations for administrative funds for the payment of expenses of administrative funds for the payment of expenses of administering this act as provided in sections 28-42-25, 28-42-26 and 28-42-29 of the general laws of 1956, but subject to the same conditions, limitations and restritions, the following additional sums are hereby appropriated for said purpose for the fiscal year ending June 30, 1994 payable out of the Rhode Island Employment Security Fund. On 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.

{ADD Department of Employment and Training ADD} :

Rhode Island Employment Security Fund

Administration--Unemployment Insurance $780,489

{ADD Treasury Department ADD} :

Rhode Island Employment Security Fund

Administration (Treasurer's Office) {ADD 1,781 ADD}

Total-- {ADD $782,270 ADD}

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, 1994

SECTION 4. {ADD Appropriation for the Intermodal Surface Transportation Fund. -- ADD} Pursuant to the method of making appropriations of gas tax receipts as provided in sections 31-36-20 of the general laws, but subject to the same conditions, limitations and restrictions, the following additional sums are hereby appropriated for said purposes for the fiscal year ending June 30, 1994 payable out of the Intermodal Surface Transportation Fund. On 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.

            {ADD  Department of Transportation Operating Fund  ADD}


                {ADD  Special Funds--Gasoline Tax Receipts  ADD}  :


              Support Continuum                                                      $(1,473)  


              Infrastructure--Maintenance                                      5,490,863  


              Infrastructure--Capital                  {ADD  (2,039,390)  ADD}  


              Subtotal--Gasoline Tax Receipts                              $3,450,000  


                {ADD  Federal Funds  ADD}  :


              Planning Administration                                                $21,423  


              Urban Mass Transportation Formula/Capital Grants      3,349,000  

              Public Transportation for Non-Urbanized Areas                275,000  


              Capital Assistance for Elderly/Handicapped                      (155,626)  


              Freight Rail                                                {ADD  65,000  ADD}  


              Subtotal--Federal                                                             $3,554,797  


                {ADD  Restricted Funds (non-gasoline tax)  ADD}  :


              Transit Vehicle Disposal                                                        (80,000)  


              Subtotal--Restricted                                                              $(80,000)  
                

              Total -- Department of Transportation     {ADD  $6,924,797  ADD}  


              Rhode Island Public Transit Authority


              Operating Fund                                                                        $225,000  

SECTION 5. This article shall take effect June 30, 1994.

SECTION 1. Notwithstanding any general or public law to the contrary for the fiscal year 1993-1994 the state controller is hereby authorized to transfer to general fund surplus the following amounts available at the close of the fiscal year in the restricted receipt accounts listed below.

SECTION 2. This article shall take effect June 30, 1994.

SECTION 1. Sections 44-20-12, 44-20-12.1, and 44-20-13 of the General Laws, in Chapter 44-20 entitled "Cigarette Tax", are hereby amended to read as follows:

{ADD 44-20-12. Tax imposed on cigarettes sold. -- ADD} A tax is hereby imposed on all cigarettes sold or held for sale in the state by any person, the payment thereof to be evidenced by stamps affixed to the packages containing the cigarettes as hereinafter provided and as required by the administrator. Any cigarettes on which the proper amount of tax provided for in this chapter has been paid, the payment being evidenced by the stamp, shall not be subject to a further tax under this chapter. The tax herein imposed shall be at the rate of {DEL twenty two (22) DEL} {ADD twenty-eight (28) ADD} mills for each cigarette.

{ADD 44-20-12.1. Cigarette floor stock tax. -- ADD} (A) Whenever used in this section, unless context shall otherwise require,

(1) "Person" shall mean and include each individual, firm, fiduciary, partnership, corporation, trust, or association however formed;

(2) "Cigarette" shall mean and include any cigarette suitable for smoking in cigarette form.

(B) Each person engaging in the business of selling cigarettes at wholesale or retail in this state shall pay a tax or excise to the state for the privilege of engaging in such business during any part of the calendar year {DEL 1993 DEL} {ADD 1994 ADD} . Such tax shall be measured by the number of cigarettes held by such person in this state at 12:01 a.m. o'clock on {DEL July 1, 1993 DEL} {ADD July 1, 1994 ADD} and shall be computed at the rate of {DEL three and one-half (3 1/2) DEL} {ADD six (6) ADD} mills per cigarette.

(C) Each person subject to the payment of the tax herein imposed shall, on or before {DEL July 12, 1993 DEL} {ADD July 12, 1994 ADD} file a return, under oath or certified under the penalties of perjury, with the tax administrator on forms furnished by him or her, showing the amount of cigarettes in such person's possession in this state at 12:01 a.m. o'clock on {DEL July 1, 1993 DEL} {ADD July 1, 1994 ADD} and the amount of tax due, and shall at the time of filing said return pay the tax to the tax administrator. Failure to obtain such forms shall not be an excuse for the failure to make a return containing the information required by the tax administrator.

(D) The tax administrator may prescribe rules and regulations, not inconsistent with law, with regard to the assessment and collection of the tax herein imposed.

{ADD 44-20-13. Tax imposed on unstamped cigarettes. -- ADD} A tax is hereby imposed at the rate of {DEL twenty-two (22) DEL} {ADD twenty-eight (28) ADD} mills for each cigarette upon the storage or use within this state of any cigarettes not stamped in accordance with the provisions of this chapter in the possession of any person other than a licensed distributor or dealer, or a carrier for transit from without this state to a licensed distributor or dealer within this state.

SECTION 2. This article shall take effect on July 1, 1994.

SECTION 1. Chapter 44-13 of the General Laws entitled "Public Service Corporation Tax" is hereby amended by adding thereto the following sections:

{ADD 44-13-35. Gross earnings exempt from the public service corporation tax. -- ADD} {ADD Notwithstanding the provisions of sections 44-13-1 and 44-13-4, the gross earnings from the sale and from the storage, use or other consumption in this state of electricity and natural gas when purchased for the purpose of being manufactured into a finished product for resale, as further defined by section 44-18-30(H), are hereby subject to the following public service corporation tax rates:

(a) In the case of every corporation whose principal business is manufacturing, selling, and distributing currents of electricity to be used for light, heat, or motive power, three percent (3%) of said gross earnings effective July 1, 1994, provided, however, that the rate shall be two percent (2%) effective July 1, 1995, one percent (1%) July 1, 1996, and zero percent (0%) effective July 1, 1997.

(b) In the case of every corporation the principal business of which is manufacturing, selling, and distributing to the public illuminating or heating gas, two percent (2%) of said gross earnings effective July 1, 1994, provided, however, that the rate shall be one percent (1%) effective July 1, 1995, and zero percent (0%) effective July 1, 1996. ADD}

{ADD 44-13-36. Public service corporation tax included in utility rates. -- ADD} {ADD Every corporation whose principal business is manufacturing, selling and distributing electricity or heating gas shall directly reflect in its rates charged for the electricity or gas used in the manufacturing process, as defined in section 44-18-30(H), the actual public service corporation tax rates in effect for those sales of electricity and gas. ADD}

SECTION 2. This article shall take effect on July 1, 1994.

SECTION 1. Sections 16-7-19, 16-7-20, 16-7-20.4, 16-7-23, and 16-7-31 of the General Laws, in Chapter 16-7 entitled "Foundation Level School Support, are hereby amended to read as follows:

{ADD 16-7-19. Computation of standard local tax rate. -- ADD} (A) Beginning 1991-1992, the standard local tax rate required to support the basic program will be gradually reduced at the following rate until a forty percent (40%) statewide local tax rate is achieved. In 1990-1991 the rate shall be fifty percent (50%) in 1991-1992 the rate shall be forty-eight percent (48%) in 1992-1993 the rate shall be forty-six percent (46%), in 1993-1994 the rate shall be forty-four percent (44%), in 1994-1995 the rate shall be forty-two percent (42%) and in 1995-1996 and thereafter the rate shall be forty percent (40%).

(B) The statewide local tax rate to be used in calculating each community's share under section 16-7-20; in 1990-1991 and each year thereafter shall be fifty percent (50%).

(C) For 1991-1992 and each year thereafter fifty percent (50%) of the difference resulting from the difference between the rate presented in subsection (a) and the rate presented in subsection (b) shall be used in accordance with section 16-5-31 and fifty percent (50%) of the difference shall be allocated annually by the general assembly, upon recommendation of the commissioner and the board of regents, for one or more of the programs listed in chapter 16-69-2.

(D) The state controller is hereby authorized and directed to draw his or her order upon the general treasurer for the payment of such sums of such portions thereof as may be required from time to time upon receipt by the controller of properly authenticated vouchers.

{DEL (E) Regardless of any sections to the contrary, for fiscal year 1992-1993 the minimum state share referred to in section 16-7-20 shall be reduced to fifteen percent (15%) and in subsequent years to nine percent (9%). DEL}

(F) If the sums appropriated are not sufficient to implement subsections (A), (B) and (C) of this section, then the amount appropriated shall first be utilized to implement subsection (B) of this section. If such sums are not sufficient, then the amount shall be ratably reduced. Amounts remaining after full funding of subsection (B) of this section shall be apportioned among school districts for the purpose of subsection (C) of this section.

{ADD 16-7-20. Determination of state's share. -- ADD} (a) For each community the state's share shall be computed as follows.

Let

R = state share ratio for the community.

v = adjusted equalized weighted assessed valuation for the

community, as defined in section 16-7-21(c).

V = sum of the values of v for all communities.

m = average daily membership of pupils in the community as defined

in section 16-7-22(c).

M = total average daily membership of pupils in the state.

E = approved reimbursable expenditures for the community for the

reference year minus the excess costs of special education, tuitions,

federal and state receipts, and other income.

Then the state share entitlement for the community shall be RE where

R = 1-0.5vM/(Vm),

except that in no case shall R be less than {DEL fifteen percent (15%) in fiscal year 1993 and nine DEL} {ADD zero ADD} percent {DEL (9%) DEL} {ADD (0%) ADD} {DEL thereafter DEL} {ADD . ADD} {DEL as set forth in section 16-7-19(E). DEL} This percentage shall be applied to one hundred percent (100%) of all expenditures approved by the board of regents for elementary and secondary education in accordance with currently existing rules and regulations for administering state aid, including but not limited to the setting of appropriate limits for expenditures eligible for reimbursement; provided, however, that the costs of special education required under chapter 24 of this title shall be excluded; and the costs for regional vocational school operation and tuition which are funded in chapter 45 of this title for the reference year 1987-1988 and thereafter, shall be excluded. "Special education costs" shall mean the costs which are in excess of the average per pupil expenditure in average daily membership for the second school year preceding. The average per pupil expenditure in average daily membership of those students receiving special education shall be included in the cost of the basic program for the reference year, as "reference year" is defined in section 16-7-16 of this title , provided, further that expenditures from federal monies in lieu of taxes shall not be counted and, provided further, however, in the case of regional school districts, the state's share shall be increased by {ADD fourteen and seven-tenths percent (14.7%) for 1994-1995 for the Bristol-Warren regional district, and four and eight tenths percent (4.8%) for 1994-1995 for the Exeter-West Greenwich regional district and for the Foster-Glocester regional district; ADD} {DEL two percent (2%) for each grade so consolidated for the first two (2) years of operation, diminishing thereafter by one-fourth of one percent (1/4%) per grade per year but in no event shall the increased percentage be less than six (6%) percent for 1988-1989, six and one-half percent (6 1/2%) for 1989-1990, seven percent (7%) for 1990-1991, seven and one-half percent (7 1/2%) for 1991-1992 and eight percent (8%) for 1992-1993 and thereafter except that beginning in fiscal year 1993-1994 districts regionalized after July 1, 1993 shall receive this increase only if one (1) of the districts entering into the regionalization agreement is a distressed community based upon criteria established by the commissioner and approved by the board of regents; DEL} provided further that the individual communities in the Chariho regional districts shall each receive the {ADD seven and five hundredths percent (7.05%) ADD} {DEL applicable increased percentage DEL} for those grades serviced by the regional school district; and provided further, however, that any minor placed in foster care, by a Rhode Island licensed child-placing agency or a Rhode Island governmental agency, with a private family shall be deemed to be a resident of the city or town in which the minor is placed; and it shall be the duty and obligation of the city or town where the minor is placed to provide the minor with the same public education provided all other residents of that city or town and the city or town shall pay the cost of the education of the minor and shall be reimbursed by the state in the same manner as previously described in this section; and provided further, that all exceptional children, as defined in section 16-24-2, including those children whose parents or legal guardian are unknown or whose whereabouts are unknown, and whose education is provided by the department of mental health, retardation, and hospitals pursuant to section 16-24-13, as amended, as of April 2, 1979, shall have all their educational program costs paid for until they complete the school year during which they reach the age of twenty-one (21), from funds appropriated to the department of mental health, retardation, and hospitals by the general assembly; and provided further, that all other school-age children, except those children receiving care and treatment in accordance with chapter 7 of title 40.1, who are placed, assigned, or otherwise accommodated for residence by a Rhode Island state agency in a state-operated or supported community residence licensed by any Rhode Island state agency shall have the cost of their public school education paid for by the city or town wherein the child's residence as determined by section 16-64-1 had been established immediately prior to the child's entry into the state-operated or supported community residence. The cost of the child's education shall be paid to the town where the child's group home or community residence is located and the town making the payment shall be reimbursed by the state in the same manner as previously described in this section, except in the case of handicapped children who are appointed state beneficiaries under chapter 25 of this title, in which case the reimbursement shall be in the manner described in section 16-24-6. Children, except those children receiving care and treatment in accordance with chapter 7 of title 40.1, who are placed, assigned or otherwise accommodated for residence by the department for children and their families in a state-operated or supported community residence licensed by a Rhode Island state agency shall have the cost of their education paid by the department for children and their families. The city or town or state agency responsible for payment shall be responsible for the special education and related services including all procedural safeguards, evaluation, and instruction in accordance with regulations under chapter 24. (b)(1) The calculations in subsection (a) notwithstanding the following formula is to be used to determine the entitlement for each school district for children attending regional vocational-technical schools and the satellites of such schools: Net local cost for area vocational schools-statewide divided by full-time equivalent students in area vocational schools-statewide multiplied by the full-time equivalent students in area vocational schools-district multiplied by the share ratio for the district equals the incentive entitlement.

(2) No school district shall receive for area vocational-technical students more than one hundred percent (100%) of its expenditures in the reference year from a combination of state operations aid and the area vocational-technical school incentive program.

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

(4) Expenditure reports shall be submitted to the commissioner in accordance with rules and regulations promulgated by the board of regents. Further, the board of regents shall promulgate rules and regulations which shall include the eligible expenditures, a standardized method for calculating area vocational-technical school tuitions, and other rules and regulations for the purpose of carrying out the intent of this incentive program.

(c) Reimbursement payments as calculated under this section shall be made in twelve (12) monthly installments. The July and August payments shall be two and one-half percent (2-1/2%) and the September through June payments shall each be nine and one-half percent (9-1/2%) of the amount to which each school district is entitled. The calculations for vocational education as set forth in this section shall be used to support students attending area vocational facilities.

The foregoing section relating to entitlement for school districts for children attending regional vocational technical schools shall terminate beginning with reference year 1987-1988.

{DEL (d) Notwithstanding the calculations in subsections (a) and (b), the department for children and their families shall be reimbursed one hundred percent (100%) of all approved education expenditures including special education expenditures in the prior fiscal year. The commissioner of elementary and secondary education shall promulgate such rules and regulations to carry out the intent of this section. DEL}

(d) Deleted 1994, P.L. 70.

(e) The department of education shall base reimbursement on one hundred percent (100%) of the expenditures for its state-operated schools in accordance with the reference year provision as defined in section 16-7-16(f). Any funds to supplement the reimbursement shall be appropriated and included in the department budget.

(f) The section shall apply to the School for the Deaf and the Davies Vocational School notwithstanding any provisions of this section to the contrary.

{ADD (g) Whenever any funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all such state funds must be used to supplant any and all monies allocated by a city or town for educational purposes and in no event shall state funds be used to supplement, directly or indirectly, any monies allocated by a city or town for educational purposes. The courts of this state shall enforce this section by writ of mandamus.

(h) Poverty weight.--The state shall provide forty-six million eighty thousand and four dollars ($46,080,004) each fiscal year to be used exclusively to support services to students eligible for free or reduced price type A lunches. These funds shall be distributed to each district in proportion to the number of such eligible students relative to the total number of students eligible for free and reduced type A lunches statewide. This shall be known as poverty weight aid. The legislature hereby directs the commissioner to develop, by August 15, 1994, policies and procedures for the use of these funds and to report annually to the legislature on the effectiveness of these funds. For the purposes of this section, the date as of which eligibility for free or reduced type A lunches shall be determined shall be October 15 preceding the school year for which the poverty-weight aid is distributed. ADD}

{ADD 16-7-20.4. Distressed district fund. -- ADD} Those school districts eligible for the fiscal year 1991-1992 retirement deferral option and whose total reimbursable education expenditures declined between fiscal year 1991 and fiscal year 1992 shall be eligible for distressed district aid in fiscal year {DEL 1993-1994 DEL} {ADD 1994-1995 ADD} . The following sums shall be paid to the below listed cities, towns and school districts in addition to other sums to which they may be entitled. These funds shall be restricted revenues to be used in fiscal year {DEL 1993-1994 DEL} {ADD 1994-1995 ADD} by municipalities for public school purposes only.

{DEL Central Falls, $527,690; DEL} Pawtucket, {DEL $769,281 DEL} {ADD $769,164 ADD} ; West Warwick, {DEL $318,618 DEL} {ADD $323,912 ADD} ; and Woonsocket, {DEL $584,411 DEL} {ADD $593,352 ADD} . {DEL In the Central Falls school district which is operated by the state, this sum shall be in addition to any other sums which may be appropriated from time to time by the general assembly. DEL}

{ADD 16-7-23. Community requirements -- Adequate minimum budget provision. -- ADD} 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. {ADD For fiscal year 1995, each community shall contribute funds to its school committee an amount not less than its fiscal year 1994 contribution for schools. The courts of this state shall enforce this section by writ of mandamus. ADD}

{ADD 16-7-31. Failure of community to furnish funds -- Withholding of state funds. -- ADD} If any community shall fail to maintain local appropriation or fail to appropriate or otherwise make available to the school committee the minimum sums hereinbefore provided, including specifically but without limitation the minimum salary schedule as established in section 16-7-29, {ADD and the funds and funding levels required for voluntary participation as an EPSDT provider pursuant to section 40-8-18 all state education and provided in title 16 of the general laws and the minimum budget provision as established in section 16-7-23, ADD} the commissioner may notify the general treasurer of the amount of any deficiency. The general treasurer, on being so informed in writing of the amount of the deficiency by the commissioner, shall withhold state funds otherwise due during the subsequent state fiscal year to the community for its general uses and purposes in an amount equal to the deficiency.

SECTION 2. Sections 16-7-20.2, 16-7-20.3, 16-7-48 and 16-7-49 in Chapter 16-7 entitled "Foundation level school support" are hereby repealed in their entirety.

{DEL 16-7-20.2. Census transition provision. -- DEL} {DEL In fiscal year 1993-1994, there shall be a transition fund used by the department of elementary and secondary education for the following school districts which would have received less funds in fiscal year 1993-1994, as follows:

Burrillville, $38,109; Charlestown, $53,186; Coventry, $75,325; Foster, $35,480; Newport, $376,269; North Kingstown, $312,932; North Smithfield, $256,712; Portsmouth, $273,717; Scituate, $130,952; Tiverton, $194,354; Warwick, $166,213; Westerly, $105,438; West Warwick, $221,493; Woonsocket, $405,178; Exeter-West Greenwich, $194,117; Chariho, $35,340.

These funds shall be restricted revenues to be used in fiscal year 1993-1994 by municipalities for public school purposes only. DEL}

{DEL 16-7-20.3. School improvement fund. -- DEL} {DEL (a) The state of Rhode Island as part of its commitment to equal educational opportunity for all citizens intends to promote activities designed to improve the way schools and students perform. Increased dollars alone will not result in educational equity as measured by student outcomes in the absence of school improvement efforts. School improvement activities are those which use student outcomes with equal results for all students as the basis for both accountability and school-based decision-making. Research and public policy discussions further define school improvement activities as those which promote smaller schools; support staff development as the means to implement accountability and school-based decision-making; focus on meeting the need of the individual student; and increase the time spent on teaching and learning in the school week and year.

(b) The purposes of this section are to: (1) establish a framework for a school improvement agenda for Rhode Island in concert with current national and state goals which may be modified as necessary; (2) support the basic premise that all children can and must learn, including special needs and disadvantaged children; (3) establish the school improvement agenda as a priority for targeted state funding to link increased funding with appropriate activities to achieve the goal of increased student performance; and (4) establish the precedent that as state resources increase school districts must address both the school improvement agenda and equity of student outcomes among schools within a district.

(c) School improvement activities shall include but not be limited to those which encourage school-based decision-making with accountability; support staff development; provide models for decentralized school operations which include parents; increase the time spent on teaching and learning within the existing day; increase instructional time in the school day, week or year; provide more time for professional development; encourage schools to create smaller learning communities that foster closer connections between teachers and students; meet the needs of the individual student; and promote equity of financing of educational. In fiscal year 1993-1994, these activities include those recommendations made for the Providence School District in the PROBE report; helping districts to establish databases to move to a guaranteed student entitlement program; and establishing high level outcomes and related assessment strategies for all students in Rhode Island. It shall be the duty of the commissioner for elementary and secondary education to establish and revise as necessary a complete framework for such school improvement activities.

(d) It is required that the state and local school districts plan and implement school improvement activities in coordination with social service agencies, parents, the community and business and industry.

(e) The programs described in this section shall be funded in accordance with subsection (g) for fiscal year 1993-1994. Funding for fiscal year 1994-1995 and thereafter shall be established annually as appropriate through the state budget process and/or by action of the general assembly.

(f) It shall be the duty of the commissioner of elementary and secondary education to establish regulations for the purpose of carrying out the intent of this section.

(g) Notwithstanding any provisions to the contrary, the following sums shall be paid to the below listed cities, towns and school districts in fiscal year 1993-1994 in addition to other sums to which they may be entitled. In fiscal year 1993-1994, this fund is established based upon the difference between the current teacher retirement distribution method and distributing such funds on the basis of the operations aid share ratio. Further, any district receiving an entitlement under section 16-7-20.4 and/or whose entitlement under this subsection is in excess of five hundred thousand dollars ($500,000) and exceeds two percent (2%) of the total 1993-1994 education aid shall spend one-half (1/2) of the below listed entitlement on school improvement activities in accordance with subsections (a) through (e) and in accordance with rules and regulations to be established by the commissioner of elementary and secondary education. In addition, the Central Falls school district shall spend $163,584 on such school improvement activities. These funds shall be restricted revenues to be used in fiscal year 1993-1994 by municipalities for public school purposes only.

Burrillville, $294,850; Coventry, $176,622; Foster, $18,656; Glocester, $59,224; Hopkinton, $179,053; Middletown, $97,275; Pawtucket, $579,572; Providence, $2,525,407; Richmond, $205,842; West Warwick, $86,099; Woonsocket, $371,085; Bristol-Warren, $404,861; Exeter-West Greenwich, $132,861; and Foster-Glocester, $114,320. DEL}

{DEL 16-7-48. Additional aid for the city of Central Falls. -- DEL} {DEL Notwithstanding any provisions of section 16-4-5 to the contrary, one million seven hundred thousand dollars ($1,700,000) of the accumulated interest and principal contained in the permanent school fund, is hereby appropriated for school operational aid to the city of Central Falls, which shall receive fourteen million five hundred fifty thousand one hundred forty-two dollars ($14,550,142) under section 16-7-20 in addition to the one million seven hundred thousand dollars ($1,700,000) appropriated hereunder. DEL}

{DEL 16-7-49. Additional aid for the technical initiative. -- DEL} {DEL Out of the total appropriation to cities and towns provided under section 16-7-20, the commissioner of elementary and secondary education shall designate up to one million seven hundred thousand dollars ($1,700,000) for the purchase of equipment and software for the technical initiative. The commissioner is hereby authorized to promulgate rules and regulations pursuant to the Administrative Procedures Act in order to carry out the purposes and intent of this section. DEL}

SECTION 3. {ADD Department of education review-- The board of regents is hereby directed to conduct an independent management review of the department of education. Said review shall be completed no later than February 2, 1995 and a copy of the report shall be submitted to the speaker of the house and the senate majority leader for distribution to the general assembly. ADD}

SECTION 4. There shall be submitted to the qualified electors of the state of Rhode Island at the next general election for their approval the following nonbinding referendum question: "Shall the General Assembly develop and implement, no later than the beginning of fiscal year 1997, an education aid funding plan which provides that the total amount of property taxes levied by all cities and towns for education does not exceed eighty percent (80%) of the amount levied for education in fiscal year 1995 (adjusted to reflect changes in the property tax base) and increases the appropriation for state education aid to cities and towns by no less than the amount of the property tax relief provided in the plan?

SECTION 5. Section 45-13-5.1 of the General Laws in Chapter 45-13 entitled "State Aid" is hereby amended to read as follows:

{ADD 45-13-5.1. General assembly appropriations in lieu of property tax from certain exempt private and state properties. -- ADD} (a) In lieu of the amount of local real property tax on real property owned by any private nonprofit institution of higher education or any nonprofit hospital facility or any state owned and operated hospital, veterans' residential facility or correctional facility occupied by more than one hundred (100) residents which may have been or will be exempted from taxation by applicable state law, exclusive of any such facility operated by the federal government, the state of Rhode Island or any subdivision thereof, the general assembly shall annually appropriate for payment to the several cities and towns in which the property lies a sum equal to twenty-five percent (25%) of all tax that would have been collected had the property been taxable.

(b) As used in this section "private nonprofit institution of higher education" means any such institution engaged primarily in education beyond the high school level, the property of which is exempt from property tax under any of the subdivisions and "nonprofit hospital facility" means any nonprofit hospital licensed by the state and which is used for the purpose of general medical, surgical or psychiatric care and treatment.

(c) The grant payable to any municipality under the provision of this section shall be equal to twenty-five percent (25%) of the property taxes which, except for any exemption to any institution of higher education or general hospital facility, would have been paid with respect to that exempt real property on the assessment list in the municipality for the assessment date of December 31, 1986 and with respect to such exempt real property appearing on an assessment list in the municipality on succeeding assessment dates.

(d) The state budget offices shall include the amount of the annual grant in the state budget for the fiscal year commencing July 1, 1988 and each fiscal year thereafter. The amount of the grant payable to each municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of those grants in each year exceeds the amount appropriated for the purposes of this section with respect to that year.

(e) Distribution of appropriations shall be made by the state on or before July 31 of 1988 and each July 31 thereafter and the payments may be counted as a receivable by any city or town for a fiscal year ending the preceding June 30.

{ADD (f) Any act or omission by the state with respect to this chapter shall in no way diminish the duty of any town or municipality to provide public safety or other ordinary services to the properties or facilities of the type listed in subsection (a). ADD}

SECTION 6. This act shall take effect on July 1, 1994.

SECTION 1. Sections 35-8.1-2, 35-8.1-12 and 35-8.1-16 of the General Laws in Chapter 35-8.1 entitled "Rhode Island Refunding Bond Authority" are hereby amended to read as follows:

{ADD 35-8.1-2. Legislative findings. -- ADD} The general assembly hereby finds, declares, and observes that:

(a) The state issued its general obligation bonds dated May 1, 1984, in the aggregate principal amount of thirty million dollars ($30,000,000.) pursuant to statutory authorities approved by the electorate of the state, and the state issued its general obligation bonds dated June 28, 1985, in the aggregate principal amount of ninety million dollars ($90,000,000) pursuant to statutory authorities approved by the electorate of the state;

(b) The 1984 and 1985 bonds bear interest at a rate in excess of current interest rates and the general assembly has determined that it would be in the best interests of the people of the state to obtain funds to pay, redeem, or retire the 1984 and 1985 bonds with bonds bearing a lower rate of interest;

(c) The statutory authorities previously approved do not provide authorization for the issuance of general obligation refunding bonds of the state; and

(d) The general assembly desires to create an authority with the power to issue bonds to provide funds to loan to the state so that the state can pay, redeem, or retire the 1984 and 1985 bonds.

{ADD (e) The general assembly desires further to grant the refunding bond authority the power to issue bonds to provide funds to lend to the state so the state may pay, redeem, or retire the total or a portion of the unfunded liabilities of the state retirement system. ADD}

{ADD 35-8.1-12. Receipt, investment, and application by state of loan. -- ADD} (a) {DEL The DEL} {ADD Other than as provided in (b) below, the ADD} proceeds of the loan to the state shall, upon their receipt, be paid by the general treasurer immediately to the paying agent or other suitable trustee for the 1984 and 1985 bonds and the paying agent or trustee shall hold the proceeds in trust until they are applied to pay the 1984 and 1985 bonds. Neither the governor nor the general treasurer or any other official of the state or trustee for the 1984 and 1985 bonds shall make or permit to be made any expenditures for new capital improvements from the proceeds of the loan. While the proceeds are held in trust, they may be invested in obligations of the United States of America or the state or any other state.

{DEL (b) The board with the approval of the governor shall have the authority to appoint a paying agent or other suitable trustee for the 1984 or 1985 bonds and the governor is hereby authorized to execute any documents or agreements on behalf of the state necessary to carry out the purposes of this section. DEL}

{ADD (b) The proceeds generated for refinancing the pension obligation shall be paid to the general treasurer on behalf of the state who shall then immediately remit the proceeds to the state retirement system. Neither the governor nor the general treasurer or any other official of the state shall make any expenditures for new capital improvements from the proceeds. While the proceeds are held by the state retirement system they shall be invested pursuant to the investment statutes and policies of the state investment commission.

(c) The board with the approval of the governor shall have the authority to appoint a paying agent or other suitable trustee for the 1984-1985 bonds and the governor is hereby authorized to execute any documents or agreements on behalf of the state necessary to carry out the purposes of this section. ADD}

{ADD 35-8.1-13. Bonds of the authority. -- ADD} (a) The authority shall have the power and is authorized to provide by resolution for the issuance of bonds upon the request of the governor and a finding of a financial benefit to the state in such principal amounts as it shall deem necessary to provide funds for the purposes of:

(1) Loaning money to the state to provide funds to pay, redeem or retire all or a part of the 1984 or 1985 bonds {ADD or the unfunded liability of the state retirement system ADD} ;

(2) Funding or refunding the principal of, or interest or redemption premium on, any bonds issued by it, whether the bonds or interest to be paid, funded, or refunded have or have not become due or are subject to redemption prior to maturity in accordance with their terms;

(3) Establishing or increasing reserves to secure or to pay such bonds or interest thereon as are reasonably required and permitted by law; and

(4) Paying all other costs or expenses of the authority incident to and necessary or convenient to carry out its purposes and powers.

(b) In the event that the authority issues refunding bonds pursuant to this subsection (a)(2), the proceeds of the refunding bonds may be applied, in the discretion of the authority, to the purchase, retirement at maturity, or redemption of the outstanding bonds either at their earliest or a subsequent redemption date, and may, pending that application, be placed in escrow with a suitable trustee. While the proceeds are held in trust, they may be invested in obligations of the United States of America or the state or any other state.

(c) If the authority shall deposit the proceeds of refunding bonds with a suitable trustee in such an amount that, when invested in and combined with income expected to be derived from obligations of the United States of America or the state or any other state, are sufficient to pay all principal, interest, and premium, if any, on any of its outstanding bonds, then, until the outstanding bonds are called for prepayment or otherwise paid, the outstanding bonds shall not be considered debts of the authority, for any purpose, from the date of deposit of the moneys with the trustee.

{ADD 35-8.1-16. Loan and trust agreement. -- ADD} In the discretion of the authority, any bonds issued under the provisions of this chapter may be secured by {ADD (i) ADD} a loan and trust agreement by and between the authority, the state, and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state {ADD or (ii) a loan and trust agreement by and between the authority, the state and the state retirement system ADD} . The loan and trust agreement, or the resolution providing for the issuance of the bonds, may pledge or assign the revenues of the authority and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues of the authority to furnish such indemnifying bonds or pledge the securities as may be required by the authority. The loan and trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders.

SECTION 2. Section 36-10-2 of the General Laws in Chapter 36-10 entitled "Retirement System -- Contributions and Benefits" is hereby amended to read as follows:

{ADD 36-10-2. State contributions. -- ADD} The state of Rhode Island shall make its contribution for the maintaining of the system and providing the annuities, benefits, and retirement allowances in accordance with the provisions of this chapter by annually appropriating an amount which will pay a rate percent of the compensation paid to the members. Such rate percent shall be computed by the actuary of the system and certified by the retirement board to the director of administration on or before the fifteenth day of December in each year. In arriving at such rate percent the actuary, after having determined the value to the retirement system fund of (a) the contributions made by the members, (b) income on investments, and (c) other income of the system, shall thereupon compute that rate percent such as will (1) pay the actuarial estimate of the cost of "current service" for the next succeeding fiscal year; (2) pay interest at the same percent used in the actuarial formula, on the "unfunded liability" of the system as of the end of the fiscal year preceding the submission of the budget, and (3) amortize the unfunded liability of the system as of June 30, 1985, over thirty (30) years in multiples of two hundred and fifteen thousandths of one percent (.215%) starting with one (1) multiple in the fiscal year beginning July 1, 1986, and increasing by one (1) multiple in each successive year until the fiscal year ending June 30, 1989; and amortize the remaining unfunded liability of the system as of June 30, 1988, over twenty-seven (27) years beginning in the fiscal year beginning July 1, 1989 calculated such that each year's total unfunded liability payment increases at the assumed rate of inflation over the prior year's total payment. Provided, however, that in the calculation of such rate percent, there shall not be exceeded the application of the percentages as stipulated in the following for the factors (1) and (2) supra:

          Fiscal year                                                    

          beginning on           (1) Current            (2) Interests on

             July 1             service cost           unfunded liability

             1979                    77%                            45%

             1980                    81%                            55%

             1981                    86%                            65%

             1982                    91%                            75%

             1983                    95%                            85%

             1984                   100% and                        95%

                                    thereafter

             1985                                              100% and

                                                             thereafter

(b) The state of Rhode Island shall remit to the general treasurer the employer's share of the state employee retirement payments on a payroll frequency basis.

{ADD (c) Notwithstanding anything in (a) or (b) to the contrary, nothing shall preclude the state of Rhode Island from making its contribution to the unfunded liability in a manner deemed appropriate by the state of Rhode Island. ADD}

(d) From the rate percent computed above, the state shall contribute a sum equal to one-eighth of one percent (0.125%) of each member's rate of compensation and an additional sum equal to one eighth of one percent (0.125%) of each member's rate of compensation effective July 1, 1990, as the state's share of the cost of providing retiree health benefits in accordance with the provisions of section 36-10-4. Said contribution shall be actuarially adjusted to reflect refunds made to employees. Such contribution shall be placed in a restricted fund by the employees' retirement system and shall be used solely for providing health benefits to retirees as provided in section 36-12-4. The adequacy of the fund will be actuarially re-evaluated during the fiscal year prior to July 1, 1993 to determine the required amount to maintain this benefit in effect. If at any time during the aforementioned period the cost for health coverage exceeds the contributions in the restricted fund account the state shall assume the liability for such cost by making advances to the restricted fund, which advances shall be repaid from any subsequent excess funds in said restricted fund.

SECTION 3. This act shall take effect upon passage.

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:

{ADD 39-3-11-2. Interim rates. -- ADD} 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, {DEL 1993 DEL} {ADD 1994 ADD} until June 30, {DEL 1994 DEL} {ADD 1995 ADD} .

SECTION 2. This article shall take effect upon passage.

SECTION 1. Sections 40-6-3.1, 40-6-3.2 and 40-6-3.3 of the General Laws in Chapter 40-6 entitled "Public Assistance Act" are hereby amended to read as follows:

{ADD 40-6-3.1. Eligibility for general public assistance. -- ADD} 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.

(a) Individuals and families eligible for GPA. General public assistance shall be provided to the following individuals and families provided all other eligibility requirements of this chapter are met: (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, 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 from doing any full time or part time work {ADD ; 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 ADD} . Said total incapacity may be based on a primary diagnosis of alcoholism or substance abuse. {DEL In the case of alcoholism or substance abuse, the individual shall be eligible for assistance only in the form specified in section 40-6-3.2(e). The department shall refer said individual to the office of substance abuse for those services specified in section 40-6-3.2(e). DEL} 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 cannot be reasonably verified then the individual shall not be eligible for general public assistance under this subsection. {DEL Beginning July 1, 1993, eligibility under this subsection is limited to a total of three (3) months (not to exceed ninety-three (93) days) in a period of twelve (12) consecutive months, which period shall constitute a benefit year. A benefit year shall begin on the first day for which benefits are paid and shall end on the three hundred sixty-fifth (365th) consecutive day thereafter. The department shall count toward an individual's three (3) month benefit limit and such individual's benefit year computation any month or portion thereof during the period April 1, 1993 through June 30, 1993 for which an individual received general public assistance benefits under section 40-6-3.1(a)(1)(A)-(D). In the event that an individual receives benefits with respect to a benefit year in excess of the three (3) month limit, the department shall extend the individual's benefit year ending date by the number of days of benefits paid to the individual in excess of such limit. DEL}

{ADD The department shall provide an application for medical assistance (medicaid) beneifts 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}

{ADD Individuals found eligible on the basis of total incapacity 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 ("Medicaid"). 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. ADD}

(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.

(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.

{ADD 40-6-3.2. Forms of assistance. -- ADD} (1) General public assistance shall be provided in the form of:

(a) Financial assistance payable by check;

(b) Beginning on July 1, 1992, each hospital licensed under section 23-17, other than state-operated hospitals, shall provide free services and charity care for reasonable and necessary inpatient and outpatient hospital services as the department by regulation requires to serve all persons seeking such services from such hospital who are determined to be eligible for general public assistance. The latter shall be treated as free service and charitable care. Each hospital shall, in addition, continue to provide free services and charitable care to other persons in accordance with each hospital's charter and mission statement and with subsections 23-17-19.1 (13) and 23-17-26. Eligibility for general public assistance shall be determined by the department of human services. Each hospital required under this section to provide services to individuals eligible for general public assistance shall, upon request of the auditor general of the state, provide the auditor general with such information as he or she shall request regarding the services provided. The auditor general shall make annual reports to the finance committee of the Rhode Island house and senate on general public assistance hospital care. The obligations of hospitals under this section shall terminate when vendor payments for hospitals have been restored.

(c) Vendor payment of medical assistance as the department by regulation determines for only the following reasonable and necessary medical services:

Outpatient physician services and {ADD a limited formulary of ADD} prescription drugs {ADD to be established by the department ADD} , when such services and drugs are provided in, or approved by, an authorized health center, or by such other providers and at such locations as may from time to time be designated by the department {ADD . ADD} {DEL and provided that prescription drugs shall be subject to a one dollar ($1.00) co-payment to be paid by the recipient. DEL} No payment shall be made for medical expenses incurred prior to the date the individual makes written application for assistance.

{DEL (d) Supplementary payment as the department by regulation determines shall be made for an emergency of a catastrophic nature which is defined as a fire or natural disaster.

(e) For individuals who are incapacitated based upon a primary diagnosis of alcoholism and/or substance abuse, screening and referral to an appropriate licensed facility for treatment as determined and provided by the office of substance abuse. DEL}

(2) The department is authorized to promulgate rules and regulations to detect and prevent program abuse by recipients and providers of assistance.

{ADD 40-6-3.3. Amount of standards for general public assistance. -- ADD} The department is authorized and directed to make payments of financial assistance in the form specified in section 40-6-3.2(1)(a) to {DEL eligible recipients DEL} {ADD families eligible under section 40-6-3.1(a)(2) ADD} in accordance with the following standards of general public assistance:

              Eligible Persons                                  Monthly Standard


              in Household                                         of Assistance



              1                                                             $327


              2                                                              449


              3                                                              554


              4                                                              632


              5                                                              710


              6                                                              800


              7                                                              880


              8                                                              970

              9                                                             1042


              10                                                            1132


              11                                                            1212


              12                                                            1293


              13                                                            1375


              14                                                            1461


              15                                                           1542*

* Add eighty-six dollars ($86.00) per month for each person in a household with over fifteen (15) members.

The department is authorized to convert the monthly standards of assistance to weekly or semi-monthly standards of assistance and to make weekly or semi-monthly payments thereof. The amount of the general public assistance payment which any eligible recipient shall receive shall be determined with due regard to the recipient's available income and resources and the income and resources limitations established in accordance with section 40-6-3.1(b) and (c).

{ADD SECTION 2. Out of the sum appropriated to the department of human services in Article 1, the sum of three hundred fifty thousand dollars ($350,000) shall be used as a contingency fund for the purposes and subject to the limitations hereinafter provided, 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 duly authenticated vouchers. From the aforesaid appropriation for contingency, the director of the department of human services, in his or her sole discretion, may authorize payments of general public 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 adversely affected by the amendments to title 40, chapter 6, enacted by this article. ADD}

{ADD SECTION 3. (a) Contingency fund established. Out of the sum appropriated to the department of human services in Article 1, the sum of four hundred thousand dollars ($400,000) shall be used as a contingency fund for the purposes hereinafter provided, and the state controller is hereby authorized and directed to draw his 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 contingency, the director of the department of human services shall provide interim cash assistance payments for disabled individuals in accordance with this section.

(b) Interim cash assistance. Interim cash contingency payments shall be provided to individuals determined by the director or his or her designee to have applied for and to have been approved for medical assistance ('Medicaid') under title XIX of the social security act [42 U.S.C. 1396 et seq.] and to have applied for and to be pursuing a claim for supplemental security income benefits under title XVI of the social security act.

(c) Duration of interim cash assistance. Interim cash assistance payments hereunder shall continue until the recipient of such payments receives disability benefits from the social security administration or until he or she has exhausted available administrative appeals. The individual may be required to present documentation that he or she is actively pursuing his or her claim.

(d) Amount of standard for interim cash assistance. The department is authorized and directed to make payments of interim cash assistance to eligible recipients hereunder up to the standards of assistance established pursuant to section 40-6-3.3 of the general laws.

(e) No separate regulations required. Nothing herein shall be construed to require the director to promulgate any new, additional or separate rules or regulations in connection with his or her disbursement of the contingency fund created hereby. ADD}

{ADD SECTION 4. This article shall take effect on July 1, 1994 and any rules or regulations necessary or advisable 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 public health, safety and welfare, and the department is hereby exempted from the requirements of sections 42-35-3(b) and 42-35-4(b)(2) relating to agency findings of imminent peril to public health, safety and welfare and the filing of statements of the agency's reasons therefore. ADD}

SECTION 5. This article shall take effect on July 1, 1994.

SECTION 1. Chapter 23-17 of the General Laws entitled "Licensing of Health Care Facilities" is hereby amended by adding thereto the following section:

{ADD 23-17-38.1. Hospitals -- Licensing fee. -- ADD} {ADD (a) There is hereby imposed a hospital licensing fee at the rate of four and 42/100 percent (4.42%) 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 of the general laws shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before December 31, 1994, 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 October 15, 1994, 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.

(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. ADD}

SECTION 2. Section 23-17-38 of the General Laws, in Chapter 23-17 entitled "Licensing of Health Care Facilities", is hereby amended to read as follows:

{ADD 23-17-38. Establishment of fees. -- ADD} The director shall establish fees for licensure application, licensure renewal, {ADD inspection ADD} and administrative actions under this chapter. Annual {DEL licensure DEL} {ADD inspection ADD} fees for hospitals and rehabilitation hospital centers shall be three thousand dollars ($3,000) per facility plus an additional fee of fifteen dollars ($15.00) per bed. Annual licensure fees for health maintenance organizations {ADD and end stage renal dialysis facilities ADD} shall be three thousand dollars ($3,000) per facility. Annual licensure fees for home health agencies {DEL , DEL} {ADD and ADD} hospices, {DEL and end stage renal dialysis facilities DEL} shall be three thousand dollars ($3,000) per facility. {ADD Provided, that not for profit entities operating more than one (1) such facility or offering more than one (1) such service shall be subject to a single annual licensure fee for all such licenses. ADD} Annual licensure fees for organized ambulatory care facilities shall be one thousand dollars ($1,000), provided that not for profit entities operating more than one (1) such facility shall be subject to a single annual licensure fee for all such licenses. All such fees shall be established in regulation and shall be collected and deposited in a restricted receipt account which shall be used for the general purposes of the division of facilities regulation within the department of health.

SECTION 3. This article shall take effect upon passage.

SECTION 1. Section 40-8-2 of the General Laws, in Chapter 40-8 entitled "Medical Assistance", is hereby amended to read as follows:

{ADD 40-8-2. Definitions. -- ADD} As used in this chapter, unless the context shall otherwise require:

(a) The term "department" shall mean the department of human services;

(b) The term "director" shall mean the director of human services;

(c) The term "inpatient" shall mean a person admitted to and under treatment or care of a physician or surgeon in a hospital or nursing facility which meets standards of and complies with rules and regulations promulgated by the director;

(d) The term "inpatient hospital services" shall mean the following items and services furnished to an inpatient in a hospital other than a hospital, institution or facility for tuberculosis or mental diseases:

(1) Bed and board;

(2) Such nursing services and other related services, as are customarily furnished by the hospital for the care and treatment of inpatients and such drugs, biologicals, supplies, appliances, and equipment for use in the hospital, as are customarily furnished by the hospital for the care and treatment of patients;

(3) Such other diagnostic or therapeutic items or services, including but not limited, to pathology, radiology and anesthesiology furnished by the hospital or by others under arrangements made by the hospital, as are customarily furnished to inpatients either by the hospital or by others under such arrangements, and services as are customarily provided to inpatients in the hospital by an intern or resident-in-training under a teaching program having the approval of the council on medical education and hospitals of the American medical association or of any other recognized medical society approved by the director.

The term "inpatient hospital services" shall be taken to include medical and surgical services provided by the inpatient's physician, but shall not include the services of a private duty nurse or services in a hospital, institution, or facility maintained primarily for the treatment and care of patients with tuberculosis or mental diseases. {ADD Provided, further, it shall be taken to include only the following organ transplant operations: kidney, liver, cornea, pancreas, bone marrow, lung, heart, and heart/lung, and such other organ transplant operations as may be designated by the director after consultation with medical advisory staff or medical consultants; and provided that any such transplant operation is determined by the director or his or her designee to be medically necessary. Prior written approval of the director or his or her designee shall be required for all covered organ transplant operations.

In determining medical necessity for organ transplant procedures, the state plan shall adopt a case-by-case approach and shall focus on the medical indications and contra-indications in each instance, the progressive nature of the disease, the existence of any alternative therapies, the life threatening nature of the disease, the general state of health of the patient apart from the particular organ disease, and any other relevant facts and circumstances related to the applicant and the particular transplant procedure. ADD}

(e) The term "nursing services" shall mean the following items and services furnished to an inpatient in a nursing facility:

(1) Bed and board;

(2) Such nursing care and other related services as are customarily furnished to inpatients admitted to the nursing facility, and such drugs, biologicals, supplies, appliances, and equipment for use in the facility, as are customarily furnished in the facility for the care and treatment of patients;

(3) Such other diagnostic or therapeutic items or services, legally furnished by the facility or by others under arrangements made by the facility, as are customarily furnished to inpatients either by the facility or by others under such arrangement;

(4) Medical services provided in the facility by the inpatient's physician, or by an intern or resident-in-training of a hospital with which the facility is affiliated or which is under the same control, under a teaching program of the hospital approved as provided in subsection (d) of this section;

(5) A personal-needs allowance of thirty-five ($35.00) dollars per month.

(f) The term "visiting nurse service" shall mean part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse other than in a hospital or nursing home;

(g) The term "drug" shall mean and include only such drugs and biologicals prescribed by a licensed dentist or physician as are either included in the United States pharmacopoeia, national formulary, or are new and non-official drugs and remedies;

(h) The term "dental service" shall include emergency care, X-rays for diagnoses, extractions, palliative treatment, and the refitting and relining of existing dentures and prosthesis.

(i) The term "relative with whom such dependent child is living" shall include the father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece of any dependent child who maintains a home for the dependent child.

SECTION 2. This article shall take effect upon passage.

It is enacted by the General Assembly as follows:

SECTION 1. In any General or Special Law of the State of Rhode Island, and specifically in Title 31 of the General Laws of Rhode Island, 1956, as amended, reference to the registry of motor vehicles or the division of motor vehicles shall be construed to refer to the registry of motor vehicles within the department of administration. Any reference to the registrar of motor vehicles or the assistant director of transportation for motor vehicles shall be construed to refer to the registrar of motor vehicles within the department of administration. Any duties conferred upon the department of transportation or the director of transportation by said Title 31 shall be construed to refer to the department of administration or the director of administration; provided, however, that {ADD chapter 13, and all other sections of title 31 referring to the state traffic commission, remain under the authority of the department of transportation or the director of transportation and ADD} the director of administration may delegate in writing to the director of transportation such duties and responsibilities as he or she may deem appropriate in relation to highway safety.

The law revision officer of the joint committee on legislative affairs is authorized and empowered to make appropriate changes in said Title 31 to carry out the intent of this act.

SECTION 2. Sections 42-13-1 and 42-13-2 in Chapter 42-13 entitled "Department of Transportation", are hereby amended to read as follows:

{ADD 42-13-1. Establishment -- Head of departments -- Powers. -- ADD} (a) There shall be a department of transportation. The head of the department shall be the director of transportation, appointed by the governor with the advice and consent of the senate, who shall carry out the provisions of this chapter and, except as otherwise provided by this title, the provisions of chapters 2 and 4 of title 1; chapters 8 and 10 of title 24 {ADD chapter 13 ADD} ; {DEL chapters 2, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 23.1, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, and 38 DEL} of title 31; chapter 12 of title 37; and of all other general laws heretofore carried out by the director of public works and the department of public works, {DEL the registrar of motor vehicles and the registry of motor vehicles, DEL} the Rhode Island turnpike and bridge authority, and the council on highway safety. The director shall also be responsible for preparation of short-range plans, project plans, and implementation programs for transportation; for port and waterways facilities where the principal purpose is transportation and management of port properties, warehouses, and state piers which function primarily as transportation facilities; and for maintaining an adequate level of rail passenger and freight services, including the administration of any financial or technical assistance which may be made available to operators of railroad transportation facilities, provided, however, that all contracts for the construction, reconstruction, maintenance and repairs of all public roads and bridges, public buildings and all other properties of the state government, and the purchase of all equipment, materials and supplies used in accordance therewith shall be negotiated by the purchasing agent in the department of administration.

(b) The director shall adopt and promulgate state regulations which will set standards for future state construction and maintenance of sidewalks and curbs, in a manner which will make the use of said sidewalks more easily accessible to the physically handicapped. The director shall adopt and promulgate a procedure to process all claims pursuant to section 24-8-35, for damages to motor vehicles caused by potholes on state highways and in all instances have the final determination as to the merits of any such claim.

(c) The director shall promulgate and adopt regulations which will prohibit any contractors who have been convicted of fraud, bid-rigging, or a violation of any state or federal antitrust law from bidding on any construction projects administered by the department for a period of five (5) years from the date of any such conviction.

{ADD 42-13-2. Organization and functions of the department. -- ADD} (A) The department shall be organized into such divisions as are described in this section and such other divisions, subdivisions, and agencies as the director shall find are necessary to carry out the responsibilities of the department.

(1) Division of administration. This division shall be headed by an assistant director for administration. The division shall provide assistance to the director in managing and controlling the work of the department, shall collect bridge tolls and administer any financial support made available to support railroad passenger or freight services. The division of administration shall include:

(a) A business management office which shall provide central personnel, financial programming, payroll, and other management services to all divisions and agencies of the department.

(b) A legal counsel who shall prepare or review any legislation pertaining to the department, assist in preparing contracts, handle claims against the department, and provide other legal services as required.

(c) A public information office which shall inform the public of the programs and projects of the department, answer inquiries by the public, prepare and release progress reports and other publications, and provide photographic services.

(d) An audits office which shall continuously audit all of the activities of the department and insure compliance with state and federal laws and administrative regulations.

(e) A property management office which shall acquire all real property for the department, make appraisals of property, manage real property under the department's jurisdiction, and operate a family and business relocation program. The property management office shall manage those state piers and related facilities which are used for port or waterways transportation purposes.

(2) Planning division. This division shall be headed by a chief of transportation planning. The division shall assist the division of planning in the department of administration to prepare transportation elements of the long-range state guide plan. The division will prepare functional and area plans, project plans, improvement programs, and implementation programs which are consistent with the long-range state guide plan. The division will undertake corridor, route location, feasibility, facility needs, and other studies as required to support the work of the department. The division shall collect and analyze statistical and other data on all types of transportation needs and facilities.

(3) Public works division. This division shall be headed by a chief engineer. The division shall be responsible for the design and engineering of roads, bridges, transit facilities, airport facilities, port and waterways facilities, and all other transportation facilities. The division shall prepare contracts and specifications for all construction projects undertaken by the department. The division shall supervise the execution of all construction projects. The division shall perform traffic engineering functions, make surveys and soil studies, test materials, and perform other functions necessary to support the department's design and construction activities.

(4) Maintenance division. This division shall be headed by a maintenance engineer. The division shall maintain all roads, bridges, airports, piers, port terminal facilities, and other transportation facilities and landscaped areas which are under the jurisdiction of the department of transportation. The division shall install and maintain traffic control signs and signals.

(5) Airports division. This division shall be headed by an assistant director for airports. The division shall operate all state-owned airports, heliports, and other facilities for air transportation, including passenger and cargo terminals, parking facilities and other supporting facilities, emergency services, and security services. The division shall regulate aeronautical matters and shall supervise the location, maintenance, operation, and use of privately-owned civil airports, landing areas, navigation facilities, air schools, and flying clubs.

{DEL (6) Division of motor vehicles. This division shall be headed by an assistant director for motor vehicles. The division shall be responsible for motor vehicle registration, testing and licensing of motor vehicle operators, inspection of motor vehicles, administration of highway safety programs, and enforcement of laws relating to the issuance, expansion, and revocation of motor vehicle registrations and driver's licenses. The division shall administer the financial responsibility law. The assistant director for motor vehicles shall use the title and designation "Registrar" on all licenses, registrations, orders of expansions, financial responsibility notices or orders, or any other official documents issued or promulgated by the division of motor vehicles. DEL}

(B) The director may assign such other responsibilities to the divisions and agencies as he or she shall find appropriate and may reassign functions to divisions and agencies other than as set out in this section if he or she shall find such reassignment necessary to the proper and efficient functioning of the department or of the state's transportation system.

SECTION 3. Section 42-11-2 in Chapter 42-11 entitled "Department of Administration"is hereby amended to read as follows:

{ADD 42-11-2. Powers and duties of department. -- ADD} The department of administration shall have the following powers and duties:

(a) To prepare a budget for the several state departments and agencies, subject to the direction and supervision of the governor;

(b) To administer the budget for all state departments and agencies, except as specifically exempted by law;

(c) To devise, formulate, promulgate, supervise and control accounting systems, procedures and methods for the state departments and agencies, conforming to such accounting standards and methods as are prescribed by law;

(d) To purchase or to contract for the supplies, materials, articles, equipment, printing and services needed by state departments and agencies, except as specifically exempted by law;

(e) To prescribe standard specifications for those purchases and contracts and to enforce compliance with specifications;

(f) To supervise and control the advertising for bids and awards for state purchases;

(g) To regulate the requisitioning and storage of purchased items, the disposal of surplus and salvage, and the transfer to or between state departments and agencies of needed supplies, equipment and materials;

(h) To maintain, equip and keep in repair the state house, state office building and other premises owned or rented by the state for the use of any department or agency, excepting those buildings, the control of which is vested by law in some other agency;

(i) To provide for the periodic inspection, appraisal or inventory of all state buildings and property, real and personal;

(j) To require reports from state agencies on the buildings and property in their custody;

(k) To issue regulations to govern the protection and custody of the property of the state;

(l) To assign office and storage space and to rent and lease land and buildings for the use of the several state departments and agencies in the manner provided by law;

(m) To control and supervise the acquisition, operation, maintenance, repair and replacement of state-owned motor vehicles by state agencies;

(n) To maintain and operate central duplicating and mailing service for the several state departments and agencies;

(o) To furnish the several departments and agencies of the state with other essential office services;

(p) To survey and examine the administration and operation of the state departments and agencies, submitting to the governor proposals to secure greater administrative efficiency and economy, to minimize the duplication of activities, and to effect a better organization and consolidation of functions among state agencies;

(q) To assess and collect all taxes levied by the state by virtue of the various laws of the state;

(r) To analyze, evaluate and appraise the tax system of the state, and to make recommendations for its revision in accordance with the best interests of the economy of the state;

(s) To operate a merit system of personnel administration and personnel management as defined in section 36-3-3 in connection with the conditions of employment in all state departments and agencies within the classified service;

(t) To assign or reassign, with the approval of the governor, any functions, duties or powers established by this chapter to any agency within the department;

(u) To establish, maintain and operate a data processing center or centers, approve the acquisition and use of electronic data processing services by state agencies, furnish staff assistance in methods, systems and programming work to other state agencies, and arrange for and effect the centralization and consolidation of punch card and electronic data processing equipment and services in order to obtain maximum utilization and efficiency;

(v) To devise, formulate, promulgate, supervise and control a comprehensive and coordinated statewide information system designed to improve the data base used in the management of public resources, to consult and advise with other state departments and agencies, and municipalities to assure appropriate and full participation in this system, and to encourage the participation of the various municipalities of this state in this system by providing technical or other appropriate assistance toward establishing, within those municipalities, compatible information systems in order to obtain the maximum effectiveness in the management of public resources;

(1) The comprehensive and coordinated statewide information system may include a Rhode Island geographic information system of land-related economic, physical, cultural and natural resources.

(2) In order to ensure the continuity of the maintenance and functions of the geographic information system, the general assembly may annually appropriate such sum as it may deem necessary to the department of administration for its support.

(w) To administer a statewide planning program including planning assistance to the state departments and agencies;

(x) To administer a statewide program of photography and photographic services;

(y) To negotiate with public or private educational institutions in the state, in cooperation with the department of health, for state support of medical education;

(z) To promote the expansion of markets for recovered material and to maximize their return to productive economic use through the purchase of materials and supplies with recycled content by the state of Rhode Island to the fullest extent practically feasible;

(aa) To approve costs as provided in section 23-19-32;

(bb) To provide all necessary civil service tests for child protective investigators and social workers at least twice each year and to maintain an adequate hiring list for these positions at all times; and

(cc) To prepare a report every three (3) months by all current property leases or rentals by any state or quasi-state agency to include the following information:

(1) Name of lessor;

(2) Description of the lease (purpose, physical characteristics, and location);

(3) Cost of the lease;

(4) Amount paid to date;

(5) Date initiated;

(6) Date covered by the lease.

(dd) To provide by December 31, 1994 the availability of automatic direct deposit to any recipient of a state benefit payment, provided that the agency responsible for making that payment generates one thousand (1,000) or more such payments each month.

{ADD (ee) To operate a division of motor vehicles. The division will be responsible for activities assigned to it by law, including but not limited to, motor vehicle registration, testing and licensing of motor vehicle operators, inspection of motor vehicles, and enforcement of laws relating to the issuance, suspension and revocation of motor vehicle registrations and drivers' licenses. The division shall administer the financial responsibility law. The chief of the division shall use the title and designation "Registrar" on all licenses, registrations, orders of suspensions, financial responsibility notices or orders, or any other official documents issued or promulgated by the division. ADD}

SECTION 4. Sections 31-5-1 and 31-5-2 of the general laws, in chapter 31-5 entitled "Dealers', Manufacturers' and Rental Licenses", are hereby amended to read as follows:

{ADD 31-5-1. Definition of terms. -- ADD} Whenever the words "licensor", and/or department are used in {DEL chapters 31-5-1 to 31-5-20, inclusive, DEL} {ADD chapter 31-5 and 31-5.1, inclusive, ADD} they shall mean the "department of {DEL transportation" DEL} {ADD administration ADD} .

{ADD 31-5-2. ADD} {DEL Duties of department of transportation. -- DEL} {ADD Duties of department of administration. -- ADD} The department of {DEL transportation DEL} {ADD administration ADD} shall issue the licenses provided for in sections 31-5-5 to 31-5-9, inclusive, and 31-5-34. The department of {DEL transportation DEL} {ADD administration ADD} shall have supervision over the licenses in respect to all the provisions of sections 31-5-1 to 31-5-20, inclusive, sections 31-5-33 to 31-5-39, inclusive, and shall have power to make and to issue rules and regulations to fulfill the purposes of said chapters and to protect public interest. The department shall have power to set from time to time the maximum number of plates to be issued to each dealer after due investigation and after giving due consideration to the number of plates reasonably required for the operation of the business by the dealer. The department shall also have the power to define unfair practices by licensees. All the provisions of sections 31-5-1 to 31-5-20, inclusive, and 31-5-33 to 31-5-39, inclusive shall be administered by the department.

SECTION 5. This article shall take effect July 1, 1994.

SECTION 1. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled "Video Lottery Terminal" is hereby amended to read as follows:

{ADD 42-61.2-7. Division of revenue. -- ADD} (1) Notwithstanding the provisions of subsection 42-61-15, the allocation of net terminal income derived from video lottery games shall be as follows:

(a) For deposit in the general fund and to the State Lottery Commission fund for administrative purposes: No less than thirty-eight percent (38%);

(b) To the licensed video lottery retailer: thirty-three percent (33%);

(c) To the owners of dog kennels who are under contract with a licensee: ten percent (10%) of net terminal income derived from video lottery games located at the facility. The ten percent (10%) not allocated to the owner of dog kennels reverts back to the general revenue fund and to the State Lottery Commission for administrative purposes;

(d) To the technology provider: eighteen percent (18%) of the net terminal income of the provider's terminals less all reasonable charges and fees to the communications provider associated with the supplying, maintenance, and operations of the communications system. The lottery commission shall determine the fees to the communications system provider which shall be no more than three percent (3%) of the net terminal income;

(e) To the city or town in which the licensed video retailer is licensed: one percent (1%); and

(f) Unclaimed prizes and credits shall remit to the general fund of the state.

(2) Provided, however, that for the fiscal year commencing July 1, 1993 {ADD and subsequent fiscal years ADD} the sum of five million dollars ($5,000,000) to the extent possible shall be contributed to the distressed communities relief fund, pursuant to section 45-13-12 to be distributed according to the formula {DEL established for fiscal year 1992 DEL} and the contributions shall be as follows:

(i) One million one hundred fifty two thousand six hundred eighty three dollars ($1,152,683) of the net terminal income due retailers under subsection (1)(b), as follows: Lincoln Greyhound Park seven hundred sixty seven thousand, six hundred eighty seven dollars ($767,687) and Newport Jai Alai Fronton three hundred eighty four thousand nine hundred ninety six dollars ($384,996).

(ii) Two hundred eighteen thousand five hundred seventy-nine dollars ($218,579) of the net terminal income due kennel owners under subsection (1)(c).

(iii) Six hundred and twenty eight thousand seven hundred and thirty-seven dollards ($628,737) of the net terminal income due the technology providers under subsection (1)(d).

(iv) Three million dollars ($3,000,000) from the state general fund.

(g) Payments into the state's general fund specified in sections (a) and (f) shall be made on and estimated monthly basis. Payment shall be made on the tenth (10th) day following the close of the month except for the last month when payment shall be on the last business day.

SECTION 2. This article shall take effect July 1, 1994.

SECTION 1. Section 31-23-53 of the General Laws in Chapter 31-23 entitled "Equipment and Accessories Generally" is hereby amended to read as follows:

{ADD 31-23-53. School bus public address sound system. -- ADD} Every school bus placed in service after January 1, 1987 shall be equipped with a public address sound system which shall be audible from a distance of not less than fifty (50) feet and shall have a minimum of one speaker mounted outside the bus and a minimum of one speaker mounted inside the bus. The public address system and the method of installation shall be approved and certified by the {DEL division of emission control of the department of transportation DEL} {ADD registry of motor vehicles ADD} . This system shall be inspected at all regularly scheduled inspections.

When the driver of the school bus has picked up students, the bus will remain stopped, with red lights flashing, until all students are seated. Prior to any student being permitted to disembark from the bus, the driver shall look to see that all approaching traffic has stopped and observed the flashing red signal. After students have disembarked from the bus, the driver shall allow ample time for the students to clear the bus area before closing the doors and then after remaining stopped for approximately ten (10) seconds the driver shall announce through the public address system that the bus will proceed.

The department of education shall require a demonstration of the operation of the public address system at each school. Said demonstration shall take place at least two (2) times per year, one (1) of which shall take place during the month of September.

The provisions of this section shall not apply to school buses used exclusively for the transportation of students receiving special education pursuant to chapter 16-24 of the general laws; provided however, such school buses without the inside and outside speakers may not be used for students not receiving special education, except for transportation before or after normal school hours. This provision shall be limited to secondary education students.

SECTION 2. Section 31-37-16.2 of the General Laws, in Chapter 31-37 entitled "Retail Sale of Gasoline", is hereby amended to read as follows:

{ADD 31-37-16.2. Air pumps. -- ADD} Every retail dealer shall display and maintain a compressed air pump at no charge to the general public which shall be available during the hours the business is open whether the business is an attended or self service gas station.

The {DEL department of transportation DEL} {ADD registry of motor vehicles ADD} , safety and emission control {DEL division DEL} {ADD unit ADD} , shall be responsible for the enforcement of the section and the bringing of complaints under section 31-37-17.

The provisions of section 31-37-18 shall apply to the {DEL department of transportation, safety and emission control division DEL} {ADD registry of motor vehicles ADD} and any of its agents in the enforcement of this section.

SECTION 3. Section 31-38-7 of the General Laws, in Chapter 31-38 entitled "Inspection of Motor Vehicles", is hereby amended to read as follows:

{ADD 31-38-7. Operation of official stations. -- ADD} (A) No permit for an official station shall be assigned or transferred or used at any location other than therein designated and every said permit shall be posted in a conspicuous place at the location designated.

(B) The state certified person operating an official inspection station shall issue a certificate of inspection and approval upon an official form to the owner of a vehicle upon inspection of such vehicle and determining that its equipment required under the provisions of this chapter is in good condition and proper adjustment, otherwise, no certificate shall be issued. A record and report shall be made of every inspection and every certificate so issued. Such records shall be kept available for review by the motor vehicle inspection station commission or those employees of the department of {DEL transportation DEL} {ADD administration ADD} as the director may designate.

(C) The following fees shall be charged for inspection and issuance of certificate of inspection and approval: For every private passenger car or commercial vehicle with a registered gross weight of not more than eight thousand (8,000) pounds, twelve dollars ($12.00) and an additional three dollars ($3.00). For every vehicle of a registered gross weight of more than eight thousand (8,000) pounds or more, except trailers, fifteen dollars ($15.00). For every motorcycle and electrically powered vehicle eleven dollars ($11.00). For every trailer with a registered gross weight of more than one thousand (1,000) pounds, eleven dollars ($11.00); provided, however, that for the inspection of vehicles used for the transportation of persons for hire, as provided in section 31-22-12, the fee shall be thirteen dollars ($13.00).

(D) The director of the department of {DEL transportation shall DEL} {ADD administration may ADD} establish a state inspection facility at which any motor vehicle may be reinspected at no cost to the owner. Said state inspection facility {DEL shall DEL} {ADD may ADD} inspect all public conveyance vehicles {DEL except as DEL} {ADD or such inspections ADD} may be otherwise provided for by the director, or any other vehicles which in the opinion of the director of {DEL transportation DEL} {ADD administration ADD} , or his or her designee, require specific testing to ensure for the health and safety of the general public.

{ADD Any other inspections or activities which may be required to be performed at a state inspection facility may be performed at any official inspection station if so determined by the director. ADD}

SECTION 4. Section 39-13-2.1 of the General Laws, in Chapter 39-13 entitled "Motor Passenger Carriers", is hereby amended to read as follows:

{ADD 39-13-2.1. Jitneys not subject to regulation. -- ADD} (a) Any person, association or corporation operating a jitney, bus or other motor vehicle as a transportation operator as defined in this chapter for the purpose of providing paratransit or coordinated paratransit services for the benefit of the citizenry of the state shall be exempted from regulation under this chapter.

(b) Transportation operators may enter contractual agreements with third party transportation operators to provide paratransit services and said third parties shall be similarly exempted from regulation under this chapter.

(c) Provided, however, all transportation operators providing paratransit services shall be required to meet all driver and vehicle safety requirements as set forth in this chapter including but not limited to: (1) the same inspection standards/regulations as a jitney registered vehicle including semi-annual safety inspections {DEL at the state inspection facility DEL} {ADD in accordance with chapter 31-38 ADD} ; (2) that failure of a semi-annual state safety inspection shall result in suspension of the vehicle registration until such time as all defects are corrected; and (3) the requirements of section 39-13-11 of this chapter. Nothing in this section shall be construed to limit the power of the department of {DEL transportation DEL} {ADD administration ADD} to require additional safety or other requirements either by regulation or contract.

SECTION 5. This article shall take effect July 1, 1994.

SECTION 1. Section 42-56-21 of the General Laws in Chapter 42-56 entitled "Department of Corrections" is hereby amended to read as follows:

{ADD 42-56-21. Labor of prisoners committed for criminal offense, qui tam, penal action, or failure to give recognizance. -- ADD} All persons imprisoned in the adult correctional institutions on account of their conviction of any criminal offense, or on execution issued in any qui tam or penal action, or for not giving the recognizance required of them to keep the peace upon complaint for threats, shall be let or kept at labor therein or on the institution lot or in some building thereon, for the benefit of the state, in such manner, under a contract and subject to such rules, regulations, and discipline as the director or his or her designee may make; provided, however, that for purposes of furthering the rehabilitation of persons concerned and upon the unanimous recommendation of at least three (3) of the five (5) members of the classification board, provided for by section 42-56-30 and upon the approval of the director or his or her designee, an inmate imprisoned on account of his or her conviction of a criminal offense, not a sex offense involving minors, who has served at least one sixth (1/6) of his or her sentence, or who, in the case of a person serving a life sentence from his or her parole eligibility date and as to whom there is reasonable cause to believe he or she will honor his or her trust, may be permitted to work at paid employment for his or her own benefit or participate in a training or educational program within or without the state on a voluntary basis outside the institution lot at such time and under such conditions and restrictions as the director or his or her designee may impose and subject to recall by the director or his or her designee as provided hereafter, while continuing as a prisoner at the adult correctional institutions provided that:

(1) representatives of local union central bodies or similar labor organizations are consulted;

(2) The paid employment will not result in the displacement of employed workers {ADD or in the supplanting of work regularly performed by the workforce. ADD} {DEL , to be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; DEL} {ADD It shall not be an unfair labor practice to utilize prisoners to perform labor at outdoor work sites in conjunction with unionized employees. ADD}

(3) No person sentenced to life for murder shall be placed in a work release program until such person has served a minimum of ten (10) years.

(b) The director or his or her designee may at any time recall a prisoner from that release status if he or she believes or has reason to believe the peace, safety, welfare or security of the community may be endangered by the prisoner being under the release status. Any such prisoner recalled under this provision, shall be presented to the next regularly scheduled meeting of the classification board for their further consideration.

(c) A prisoner authorized to work at paid employment within or without the state of Rhode Island under this section shall be required to pay court ordered restitution and pay any court ordered fines and costs and may be required to pay, and the director or his or her designee is authorized to collect, such cost incident to the prisoner's confinement as the director or his or her designee deems appropriate and reasonable. Collections for costs incident to such a prisoner's confinement shall be deposited with the treasurer as a part of the general revenue of the state. Collections made pursuant to court order shall be deposited with the registry of the court.

(d) All persons committed to the adult correctional institutions pursuant to an order of contempt issued by a court of this state may be permitted to work at paid employment for their own benefit or participate in a training or educational program within or without the state on a volunteer basis outside the institution lot at such time and under such conditions and restrictions as the director or his or her designee may impose and subject to recall by the director or his or her designee in accordance with the provisions of this section.

(e) Prior to releasing an inmate into a work release program the department shall check with the bureau of criminal investigation (BCI) of the department of the attorney general to ensure that the prospective employer has no felony record. No inmate shall be released to an employer who has a felony record. "Employer" as used in this section shall include the president of a corporation, or any partners in a partnership, and the chief supervisory person at the site where the inmate will be employed and the person having direct supervisory authority over the inmate.

SECTION 2. Chapter 36-16.1 of the General Laws entitled "State Contractor with Private Employers Providing Services Personnel" is hereby amended by adding thereto the following section:

{ADD 36-16.1-3. Prison labor. -- ADD} {ADD The provisions of sections 36-16.1-1 and 36-16.1-2 shall not apply to the use of inmate labor which is provided to any state department and is performed at a state owned or operated facility. ADD}

SECTION 3. Section 13-7-5 of the general laws, in chapter 13-7 entitled "Prisoner Made Goods", is hereby repealed in its entirety.

{DEL 13-7-5. Contracts by public agencies for labor of prisoners. -- DEL} {DEL It is hereby declared unlawful for the state or any of its officers or agencies, or any of the towns or cities thereof, to enter into any contract or other arrangement for the labor of any of the inmates of any of the several penal or reformatory institutions of this state, except as herein provided. DEL}

SECTION 4. Section 13-7-6 of the general laws, in chapter 13-7 entitled "Prisoner Made Goods" is hereby amended to read as follows:

{ADD 13-7-6. Sale of goods and performance of services -- Public agencies. -- ADD} For the purpose of this chapter the provisions of section 13-7-3 relating to sales on the open market {DEL and section 13-7-5 relating to labor of inmates of penal or reformatory institutions of this state shall DEL} not include the sale or exchange of convict-made goods produced in the public welfare institutions of this state, to or with other reformatory or custodial institutions for their own consumption or use nor the sale of goods, wares and merchandise to any department, institution, or agency of any state or its political subdivisions, or the performing of laundry services for other state institutions and agencies.

SECTION 5. This article shall take effect July 1, 1994.

SECTION 1. For the fiscal year ending June 30, 1995, 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, 1994.

SECTION 1. Section 25-1-1 of the General Laws in Chapter 25-1 entitled "Holidays" is hereby amended to read as follows:

{ADD 25-1-1. General holidays enumerated. -- ADD} The first day of January {ADD or in the event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday ADD} (as New Year's day), the third Monday of January (as Dr. Martin Luther King, Jr.'s birthday), the third Monday of February (as Washington's birthday), the fourth day of May (as Rhode Island Independence day), the last Monday of May (as Memorial day), the fourth day of July, {ADD or in the event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday ADD} (as Independence day), the second Monday of August (as Victory day), the first Monday of September (as Labor day), the second Monday of October (as Columbus day), the eleventh day of November {ADD or in the event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday ADD} (as Veterans' day), the twenty-fifth day of December {ADD or in the event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday ADD} (as Christmas day), and each of said days in every year, or when either of the said days falls on the first day of the week, then the day following it, the Tuesday next after the first Monday in November in each year in which a general election of state officers is held (as election day), the first day of every week (commonly called Sunday), and such other days as the governor or general assembly of this state or the president or the congress of the United States shall appoint as holidays for any purpose, days of thanksgiving, or days of solemn fast, shall be holidays.

SECTION 2. This article shall take effect on July 1, 1994.

SECTION 1. Section 45-13-5.1 of the General Laws in Chapter 45-13 entitled "State Aid" is hereby amended to read as follows:

{ADD 45-13-5.1. Appropriations in lieu of property tax from private institutions of higher education and private hospitals exempt from taxation by state law. -- ADD} (a) In lieu of the amount of local real property tax on real property owned by any private nonprofit institution of higher education or any nonprofit hospital facility or any state owned and operated hospital, veterans' residential facility or correctional facility occupied by more than 100 residents which may have been or will be exempted from taxation by applicable state law, exclusive of any such facility operated by the federal government, the state of Rhode Island or any subdivision thereof, the general assembly shall annually appropriate for payment to the several cities and towns in which the property lies a sum equal to twenty-five percent (25%) of all tax that would have been collected had the property been taxable.

(b) As used in this section "private nonprofit institution of higher education" means any such institution engaged primarily in education beyond the high school level, the property of which is exempt from property tax under any of the subdivisions and "nonprofit hospital facility" means any nonprofit hospital licensed by the state and which is used for the purpose of general medical, surgical or psychiatric care and treatment.

(c) The grant payable to any municipality under the provision of this section shall be equal to twenty-five percent (25%) of the property taxes which, except for any exemption to any institution of higher education or general hospital facility, would have been paid with respect to that exempt real property on the assessment list in the municipality for the assessment date of December 31, 1986 and with respect to such exempt real property appearing on an assessment list in the municipality on succeeding assessment dates.

(d) The state budget offices shall include the amount of the annual grant in the state budget for the fiscal year commencing July 1, 1988 and each fiscal year thereafter. The amount of the grant payable to each municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of those grants in each year exceeds the amount appropriated for the purposes of this section with respect to that year.

(e) Distribution of appropriations shall be made by the state on or before July 31 of 1988 and each July 31 thereafter and the payments may be counted as a receivable by any city or town for a fiscal year ending the preceding June 30.

{ADD (f) Provided, however, that payments authorized pursuant to this section shall be reduced pro rata, for such period of time that the municipality suspends or reduces essential services to eligible facilities. For the purposes of this section "essential services" shall include, but not be limited to, police, fire and rescue. ADD}

SECTION 2. This article shall take effect July 1, 1994.

SECTION 1. Section 16-7-20 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support"is hereby amended to read as follows:

{ADD 16-7-20. Determination of state's share. -- ADD} (a) For each community the state's share shall be computed as follows.

Let

R = state share ratio for the community.

v = adjusted equalized weighted assessed valuation for the

community, as defined in section 16-7-21(c).

V = sum of the values of v for all communities.

m = average daily membership of pupils in the community as defined

in section 16-7-22(c).

M = total average daily membership of pupils in the state.

E = approved reimbursable expenditures for the community for the reference year minus the excess costs of special education, tuitions, federal and state receipts, and other income.

Then the state share entitlement for the community shall be RE where

R = 1-0.5vM/(Vm)

except that in no case shall R be less than fifteen percent (15%) in fiscal year 1993 and nine percent (9%) thereafter as set forth in section 16-17-19(E). This percentage shall be applied to one hundred percent (100%) of all expenditures approved by the board of regents for elementary and secondary education in accordance with currently existing rules and regulations for administering state aid, including but not limited to the setting of appropriate limits for expenditures eligible for reimbursement; provided, however, that the costs of special education required under chapter 24 of this title shall be excluded; and the costs for regional vocational school operation and tuition which are funded in chapter 45 of this title for the reference year 1987-1988 and thereafter, shall be excluded. "Special education costs" shall mean the costs which are in excess of the average per pupil expenditure in average daily membership for the second school year preceding. The average per pupil expenditure in average daily membership of those students receiving special education shall be included in the cost of the basic program for the reference year, as "reference year" is defined in section 16-7-16; provided, further that expenditures from federal monies in lieu of taxes shall not be counted and, provided further, however, in the case of regional school districts, the state's share shall be increased by two percent (2%) for each grade so consolidated for the first two (2) years of operation, diminishing thereafter by one-fourth of one percent (1/4%) per grade per year but in no event shall the increased percentage be less than six (6%) percent for 1988-1989, six and one-half percent (6 1/2%) for 1989-1990, seven percent (7%) for 1990-1991, seven and one-half percent (7 1/2%) for 1991-1992 and eight percent (8%) for 1992-1993 and thereafter except that beginning in fiscal year 1993-1994 districts regionalized after July 1, 1993 shall receive this increase only if one (1) of the districts entering into the regionalization agreement is a distressed community based upon criteria established by the commissioner and approved by the board of regents provided further that the individual communities in the Chariho regional districts shall each receive the applicable increased percentage for those grades serviced by the regional school district; and provided further, however, that any minor placed in foster care, by a Rhode Island licensed child-placing agency or a Rhode Island governmental agency, with a private family shall be deemed to be a resident of the city or town in which the minor is placed; and it shall be the duty and obligation of the city or town where the minor is placed to provide the minor with the same public education provided all other residents of that city or town and the city or town shall pay the cost of the education of the minor and shall be reimbursed by the state in the same manner as previously described in this section; and provided further, that all exceptional children, as defined in section 16-24-2, including those children whose parents or legal guardian are unknown or whose whereabouts are unknown, and whose education is provided by the department of mental health, retardation, and hospitals pursuant to section 16-24-13, as amended, as of April 2, 1979, shall have all their educational program costs paid for until they complete the school year during which they reach the age of twenty-one (21), from funds appropriated to the department of mental health, retardation, and hospitals by the general assembly; and provided further, that all other school-age children, except those children receiving care and treatment in accordance with chapter 7 of title 40.1, who are placed, assigned, or otherwise accommodated for residence by a Rhode Island state agency in a state-operated or supported community residence licensed by any Rhode Island state agency shall have the cost of their public school education paid for by the city or town wherein the child's residence as determined by section 16-64-1 had been established immediately prior to the child's entry into the state-operated or supported community residence. The cost of the child's education shall be paid to the town where the child's group home or community residence is located and the town making the payment shall be reimbursed by the state in the same manner as previously described in this section, except in the case of handicapped children who are appointed state beneficiaries under chapter 25 of this title, in which case the reimbursement shall be in the manner described in section 16-24-6. Children, except those children receiving care and treatment in accordance with chapter 7 of title 40.1, who are placed, assigned or otherwise accommodated for residence by the department for children and their families in a state-operated or supported community residence licensed by a Rhode Island state agency shall have the cost of their education paid by the department for children and their families. The city or town or state agency responsible for payment shall be responsible for the special education and related services including all procedural safeguards, evaluation, and instruction in accordance with regulations under chapter 24.

(b)(1) The calculations in subsections (a) notwithstanding the following formula is to be used to determine the entitlement for each school district for children attending regional vocational-technical schools and the satellites of such schools: Net local cost for area vocational schools-statewide divided by full-time equivalent students in area vocational schools-statewide multiplied by the full-time equivalent students in area vocational schools-district multiplied by the share ratio for the district equals the incentive entitlement.

(2) No school district shall receive for area vocational-technical students more than one hundred percent (100%) of its expenditures in the reference year from a combination of state operations aid and the area vocational-technical school incentive program.

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

(4) Expenditure reports shall be submitted to the commissioner in accordance with rules and regulations promulgated by the board of regents. Further, the board of regents shall promulgate rules and regulations which shall include the eligible expenditures, a standardized method for calculating area vocational-technical school tuitions, and other rules and regulations for the purpose of carrying out the intent of this incentive program.

(c) Reimbursement payments as calculated under this section shall be made in twelve (12) monthly installments. The July and August payments shall be two and one-half percent (2 1/2%) and the September through June payments shall each be nine and one-half percent (1/2%) of the amount to which each school district is entitled. The calculations for vocational education as set forth in this section shall be used to support students attending area vocational facilities.

The foregoing section relating to entitlement for school districts for children attending regional vocational technical schools shall terminate beginning with reference year 1987-1988.

{DEL (d) Notwithstanding the calculations in subsections (a) and (b), the department for children and their families shall be reimbursed one hundred percent (100%) of all approved education expenditures including special education expenditures in the prior fiscal year. The commissioner of elementary and secondary education shall promulgate such rules and regulations to carry out the intent of this section.

(e) DEL} {ADD (d) ADD} The department of education shall base reimbursement on 100% of the expenditures for its state-operated schools in accordance with the reference year provision as defined in section 16-7-16(f). Any funds to supplement the reimbursement shall be appropriated and included in the department budget.

{DEL (f) DEL} {ADD (e) ADD} The section shall apply to the School for the Deaf and the Davies Vocational School notwithstanding any provisions of this section to the contrary.

SECTION 2. This article shall take effect July 1, 1994.

SECTION 1. Chapter 42-79 of the General Laws, entitled "Heritage Commission", is hereby repealed in its entirety.

{DEL 42-79-1. Creation of commission. -- DEL} {DEL There is hereby created and established within the executive department a state commission to be known as the "Rhode Island heritage commission," hereinafter referred to as the commission. DEL}

{DEL 42-79-2. Appointment and terms of members. -- DEL} {DEL The commission shall consist of twenty-five (25) members appointed by the governor broadly representing various ethnic, religious, historic, educational, cultural, social, military, and maritime heritages of the state. Five (5) commissioners will be appointed for a term of one year, ten (10) commissioners will be appointed for a term of three (3) years, and ten (10) commissioners will be appointed for a term of five (5) years. All subsequent appointments of commissioners shall be for three (3) year terms. DEL}

{DEL 42-79-3. Officers. -- DEL} {DEL The governor shall appoint from the commissioners a chairperson to serve at the pleasure of the governor. A vice chairperson and a secretary will be elected from and by the commission body for a term of one year. DEL}

{DEL 42-79-4. Purpose of commission. -- DEL} {DEL The purposes of the commission shall include but not be limited to:

(1) sponsoring and/or coordinating heritage festivals;

(2) conducting and/or sponsoring heritage seminars, conferences, and symposiums;

(3) publishing scholarly and popular works relating to the social, political, and cultural development of the state;

(4) coordinating programs with other private or public groups or agencies which will meet the cultural needs of Rhode Island's citizens;

(5) observing important events in the state's history with suitable celebrations; and

(6) funding projects and programs of public or private groups or agencies which relate to the heritage of Rhode Island and its people. DEL}

SECTION 2. The title of chapter 42-45 of the General Laws is hereby changed to read: "Rhode Island Historical Preservation and Heritage Commission".

SECTION 3. Sections 42-45-2, 42-45-3, 42-45-5, 42-45-8, 42-45-9 and 42-45-10 of the General Laws, in Chapter 42-45 entitled "Historical Preservation Commission", are hereby amended to read as follows:

{ADD 42-45-2. Creation of commission. -- ADD} {ADD (a) ADD} There is hereby created within the executive department an historical preservation {ADD and heritage ADD} commission consisting of {DEL seventeen (17) DEL} {ADD eighteen (18) ADD} members as follows: ten (10) shall represent the public and shall be appointed by the governor as herein provided. Of the ten (10) public members, at least one (1) shall possess background and qualifications of an historian, one (1) an archaeologist, one (1) an architect, or an architectural historian, one (1) a museologist, and one (1) an anthropologist; one (1) landscape historian or landscape architect and one (1) a representative of a private nonprofit historic preservation organization. Seven (7) members shall {ADD consist of: ADD} {DEL be DEL} the director of the department of economic development, the director of the department of environmental management, the associate director of administration for planning, the state building commissioner, and the state historic preservation officer, each of whom shall serve ex officio; and the chairperson of the house finance committee or a member of the house finance committee designated by the chairperson and the chairperson of the senate finance committee or a member of the senate finance committee designated by the chairperson. {ADD One (1) member shall be selected by the heritage subcommittee from among its members. ADD} The governor shall appoint the public members of the commission as follows: Two (2) members to serve until the first day of June, 1970, three (3) members to serve until the first day of June, 1971, and four (4) members to serve until the first day of June, 1972, and all members shall serve until their successors are appointed and qualified. In the month of May, 1970, and in the month of May in each year thereafter, the governor shall appoint successors to the public members of the commission whose terms shall expire in that year, to hold office commencing on the first day of June in the year of appointment and until the first day of June in the third year after their respective appointments or until their respective successors are appointed and qualified. Any vacancy of a public member which may occur in the commission shall be filled by appointment by the governor for the remainder of the unexpired term. Each ex officio member of the commission may designate a subordinate within his or her department or agency to represent him or her at all meetings of the commission.

{ADD (b) There shall be a Heritage subcommittee of the commission consisting of twenty-five (25) members appointed by the governor broadly representing various ethnic, religious, historic, educational, cultural, social, military, and maritime heritages for the state. Five (5) commissioners will be appointed for a term of one (1) year, ten (10) commissioners will be appointed for a term of three (3) years, ten (10) commissioners will be appointed for a term of five (5) years, all subsequent appointments of commissioners shall be for three (3) year terms.

(c) Members of the commission and members of the subcommittee holding office upon passage of this article shall continue in office until their successors are appointed and qualified. ADD}

{DEL 42-45-3. Officers of the historical preservation sub-committee. DEL} {ADD Officers of the historical preservation and heritage commission. -- ADD} The commission shall annually elect from its members a chairperson and secretary. Five (5) members of the commission shall constitute a quorum, and no vacancy in the membership of the commission shall impair the right of quorum to exercise all the rights and perform all of the duties of the commission. Meetings of the commission shall be held upon the call of the chairperson, or a majority of the commission, upon due written notice mailed or delivered at least forty-eight (48) hours in advance of the meeting.

{ADD 42-45-5. Powers and duties. -- ADD} {ADD (1) ADD} The commission shall have the following powers and duties:

(a) Establish criteria for evaluating historical, architectural or cultural sites, buildings, places, landmarks or areas so as to determine their value in terms of national, state or local importance and to adjudge their worthiness for inclusion in the state register;

(b) Compile, maintain and publish a state register of historical architectural and cultural sites, buildings, places, landmarks and areas which shall be revised every two (2) years. The state, a city or town, or any subdivision or instrumentality thereof shall not undertake, fund, or license any activity which will encroach upon, damage, or destroy, physically, visually, or environmentally, any site, building, place, landmark, or area included in the state register without first obtaining the advice of the historical preservation {ADD and heritage commission ADD} {DEL committee DEL} . The commission shall advise the party proposing an activity affecting any item in the state register of its opinion in writing, together with any maps, drawings, photographs, or material necessary to explain or support its advisory. If a written advisory is not given within sixty (60) days of receipt of notice of a proposed activity, the commission shall be deemed to approve the proposal. If more than sixty (60) days are needed to evaluate a proposed activity and render an advisory, arrangements for a reasonable extension shall be made by the commission and the party proposing the activity. Advisories rendered by the commission on any proposed activity affecting an item on the state register shall be followed unless there are compelling reasons for not doing so. In these cases, a statement of such reasons, together with a copy of the commission's advisory, shall be submitted to the governor for final determination.

(c)(i) Assist and advise the department of administration and other appropriate agencies designated by the governor in preparing that element or elements of the state guide plan dealing with plans and programs for the preservation of historic sites and structures.

(ii) There shall also be included in such state guide plan a program for preservation of historic landscapes, and state land-use planning which shall consider the impact of land-use on historic landscapes. To assist in preparation of those elements of the state guide plan dealing with the preservation of historic landscapes, the commission shall prepare and maintain a statewide inventory of historic landscapes.

(d) Prepare statewide plans or programs for the preservation of sites or structures included in the state register which shall list the methods, practices, and procedures to be used in preserving or according recognition to said sites or buildings. The plans or programs shall be a part of the state guide plan;

(e) Cause to be prepared plaques or markers made of some suitable material to be erected on, or affixed to with the permission of the owner, in a conspicuous place on those sites or buildings determined worthy of inclusion in the state register;

(f) Acquire or receive, by purchase, gift or otherwise, with the approval of the governor in the case of a gift and in accordance with chapter 6 of title 37 in other cases, land or any interest in land and/or buildings which have been designated in the state register for the purpose of preserving said land and/or buildings; to hold and maintain them, and give custody of said acquisitions for the purpose of preserving, maintaining or exhibiting them to qualified nonprofit organizations with due regard for the interest of the state and the public in the property;

(g) Grant or loan funds to towns or cities or private groups of funds made available therefor by the state or federal government, for the purpose of acquiring, restoring, relocating or otherwise preserving land or buildings designated in the state register;

(h) Receive on behalf of the state such grants or loans as may be made by the federal government or by private persons or groups for the purposes of this chapter, and it shall be the designated agency of the state in applying for these grants;

(i) Inventory and catalog all buildings, sites, objects, and artifacts of historical, architectural, or archaeological interest which are within the custody or jurisdiction of the departments and agencies of state government. This inventory and catalog shall include buildings, ruins, and other structures, monuments, paintings, photographs, flags, furniture, clothing, military equipment and uniforms, archaeological materials, and all other articles of historic, architectural, or archaeological interest. All departments and agencies will assist the commission in making this inventory and catalog. The commission shall inform each department and agency of those items contained in the inventory which are within its custody or jurisdiction by furnishing copies of the catalog or an extract thereof to each department and agency concerned. Copies of all amendments to the catalog, or extracts thereof, shall also be furnished to each department and agency concerned;

(j) Advise the department and agencies of state government of the appropriateness, suitability, proper procedures, and other safeguards which should be observed in preserving, displaying or using items contained in the catalog of articles of historic, architectural, or archaeological interest. When notified of any proposal to physically alter, change the location or method of storage, or change the manner of utilization or public accessibility, or to otherwise significantly affect any item listed in the catalog, the commission shall advise the responsible agency in writing, accompanied by any maps, drawings, photographs, or other explanatory material necessary. If a written advisory is not given within sixty (60) days of receipt of a notice of proposed action, the commission shall be deemed to approve the proposal. If more than sixty (60) days are needed to evaluate a proposal and render an advisory, arrangements for a reasonable extension shall be made by the commission and the department or agency concerned. Advisories given by the commission in accordance with this section shall be followed by the department or agency concerned unless there are compelling reasons for not doing so. In such cases, a statement of such reasons, together with a copy of the commission's advisory, shall be submitted to the governor for determination;

(k) Survey the use or occupancy of all state-owned buildings or sites which are of historic, architectural, or archaeological interest. The commission shall make recommendations to the director of administration concerning the appropriate use and availability of public access of each such building and site, so that these may be utilized and displayed in a manner in keeping with their historic, architectural, or archaeological value; {DEL and DEL}

(l) Appoint a state review board from among its own members and such other persons as it may desire, one (1) of whom shall possess the background and qualifications of an historian; one (1) architect or architectural historian and one (1) archeologist as required by the office of archeology and historic preservation in the national park service. The state review board shall approve nominations to the state and national registers of historic places, approve the removal of properties from either register, and otherwise act in an advisory capacity to the historical preservation {ADD and heritage ADD} commission.

(m) To implement a state-owned historic properties program, to provide technical assistance to agencies with jurisdiction over historic properties, and review proposed alterations to state-owned historic properties; the commission shall develop in conjunction herewith the educational materials to implement such programs; {ADD and ADD}

(n) To reorganize the operation of and assume the supervisory responsibility for the following structures: the Old State House, Benefit Street Arsenal, Stephen Hopkins House (Providence), Bristol Court House (Bristol), Kent County Court House (East Greenwich). For purposes of this subsection, the commission shall appoint from its own members a historic sites division which shall implement the duties of this subdivision.

(2) Whenever a public hearing on any project involving state or local governmental funds or a federal grant or loan is held, notice of it shall be sent to any historic district commission in the city or town and to the Rhode Island historical preservation {ADD and heritage ADD} commission, together with a map indicating the area and the type of project to be discussed at the hearing. Whenever an urban project plan is prepared through the use of, or contemplating the use of, state or local governmental funds, a copy shall be transmitted to the Rhode Island historical preservation {ADD and heritage ADD} commission.

{ADD 42-45-8. Executive director -- Employees. -- ADD} The historical preservation {ADD and heritage ADD} commission shall appoint an executive director, who shall not be subject to the provisions of chapter 4 of title 36; and shall set his or her compensation and terms of employment. The executive director, through a vote of the commission, may be delegated to act as authorized agent for the approval of all fiscal and personnel documents requiring an authorized signature. The commission shall also cause to be employed such staff, and technical and professional consultants, as may be required to carry out the powers and duties set forth in this chapter.

{ADD 42-45-9.1. Historic preservation easement fund. -- ADD} It is hereby provided that the general treasurer establish a "historic preservation easement fund" for the purpose of receiving fees charged for acceptance of conservation easements. The historical preservation {ADD and heritage ADD} commission shall assess fees for acceptance of conservation easements. The fees shall be used to pay the costs of operating and maintaining the easements.

{ADD 42-45-10. Historical preservation revolving fund. -- ADD} (a) There is hereby created as a separate fund within the treasury the historical preservation revolving fund which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. The fund shall consist of such sums as the state may from time to time appropriate, as well as monies received from the federal government, gifts, bequests, donations, or otherwise from any public or private source, which monies are intended to implement and encourage restoration or preservation of historic properties. These properties shall be construed to include particular structures of historical significance or properties located within a district which has been designated as historic; provided however, that no loan shall be made under this section unless the property is {ADD : ADD}

(1) Included in the state register

(2) Designated as a national historic landmark by the United States department of interior.

(3) Listed in the national register of historic places by the United States department of interior.

(b) All moneys placed in the historical preservation revolving fund shall be made available:

(1) For the purchase, or other acquisition or restoration, for resale, subject to appropriate covenants, of properties intended for preservation;

(2) To make loans to nonprofit preservation foundations, organizations, individuals, and cities and towns for the purpose of acquiring and restoring properties worthy of preservation. Loans to individuals shall be considered only after the commission has determined that private financing cannot otherwise be obtained.

(3) To make loans or otherwise provide a source of equity capital for residential and/or commercial development of historic properties in order to implement and encourage the revitalization of historic buildings and districts.

(c) Loans made under the provisions of this section may be made directly, or in cooperation with other lenders or any agency, department, or bureau of the federal government or state of Rhode Island. The proceeds from the resale of any properties acquired and restored and funds received from the repayment of any loans made for that purpose shall be deposited in and returned to the historical preservation revolving fund, to constitute a continuing revolving fund for the purposes listed above.

(d) The historical preservation {ADD and heritage ADD} commission shall adopt rules and regulations consistent with the purposes of this act and chapter 35 of this title, Administrative Procedures, which provide for an orderly and equitable disbursement and repayment of funds.

SECTION 4. Chapter 42-45 of the General Laws, entitled "Rhode Island Historical and Heritage Commission", is hereby amended by adding thereto the following sections:

{DEL 42-45-3.1. Officers. -- DEL} {ADD 42-45-3.1. Officers of the heritage subcommittee. -- ADD} {ADD The governor shall appoint from the heritage subcommittee members a chairperson to serve at the pleasure of the governor. A vice chairperson and a secretary will be elected from and by the subcommittee body for a term of one (1) year. ADD}

{ADD 42-45-6. Purpose of heritage subcommittee. -- ADD} {ADD The purposes of the heritage subcommittee shall include but not be limited to:

(1) Sponsoring and/or coordinating heritage festivals;

(2) Conducting and/or sponsoring heritage seminars, conference, and symposiums;

(3) Publishing scholarly and popular works relating to the social, political, and cultural development of the state;

(4) Coordinating programs with other private or public groups or agencies which will meet the cultural needs of Rhode Island's citizens;

(5) Observing important events in the state's history with suitable celebrations; and

(6) Funding projects and programs of public or private groups or agencies which relate to the heritage of Rhode Island and its people. ADD}

SECTION 5. This article shall take effect July 1, 1994.

SECTION 1. Sections 16-56-2 and 16-56-3 of the General Laws, in Chapter 16-56 entitled "Postsecondary Student Financial Assistance", are hereby amended to read as follows:

{ADD 16-56-2. General appropriation. -- ADD} (a) The general assembly shall appropriate annually a sum to pay every award authorized by sections 16-56-2 to 16-56-12, inclusive, to be determined by multiplying ten percent (10%) of the October enrollment of the June 1980 graduating class and fifteen percent (15%) of the October enrollment for the June 1981, 1982, and 1983 graduating classes times one thousand dollars ($1,000). For the 1984-1985 fiscal year the appropriation shall be determined by multiplying fifteen percent (15%) of the October enrollment for the June 1981, 1982, 1983, and 1984 graduating classes times one thousand dollars ($1,000). For the 1985-1986 fiscal year the appropriation shall continue at fifteen percent (15%) of the October enrollment for the June 1982, 1983, and 1984 graduating classes and twenty percent (20%) of the October enrollment of the June 1985 graduating classes times one thousand dollars ($1,000). For the 1986-1987 fiscal year the appropriation shall continue at fifteen percent (15%) of the October enrollment for the June 1983 and 1984 graduating classes and twenty percent (20%) of the October enrollment for the June 1985 and 1986 graduating classes times one thousand dollars ($1,000). For the 1987-1988 fiscal year the appropriation shall continue at fifteen percent (15%) of the October enrollment for the June 1984 graduating class and twenty percent (20%) of the October enrollment for the June 1985, 1986 and 1987 graduating classes times one thousand dollars ($1,000.00). For the 1988-89 fiscal year the appropriation shall continue at twenty percent (20%) of the October enrollment for the June 1985, 1986, 1987 and 1988 graduating classes times one thousand dollars ($1,000). For the 1989-90 fiscal year the appropriation shall continue at twenty percent (20%) of the October enrollment for the June 1986, 1987, and 1988 graduating classes and forty percent (40%) of the October enrollment for the June 1989 graduating class times one thousand dollars ($1,000). For the 1990-91 fiscal year the appropriation shall continue at twenty percent (20%) of the October enrollment for the June 1987 and 1988 graduating classes and forty percent (40%) of the October enrollment for the June 1989 and 1990 graduating classes times one thousand dollars ($1,000). For the 1991-92 fiscal year the appropriation shall continue at twenty percent (20%) of the October enrollment for the June 1988 graduating class and forty percent (40%) of the October enrollment for the June 1989, 1990 and 1991 graduating classes times one thousand dollars ($1,000). For each succeeding fiscal year thereafter, the appropriation shall be determined by multiplying forty percent (40%) of the October enrollment for the prior four (4) June graduating classes eligible for new or renewed awards times one thousand dollars ($1,000). This sum may be supplemented from time to time by other sources of revenue including but not limited to federal programs.

(b) Notwithstanding the provisions of subsection 16-56-2 {ADD (a) ADD} the sums appropriated for fiscal year {DEL 1993 DEL} {DEL 1994 DEL} {ADD 1995 ADD} {ADD and in each fiscal year thereafter ADD} are the sums appropriated for this purpose in Article 1.

{ADD 16-56-3. General eligibility requirements. -- ADD} (1) Eligibility of individuals. An applicant is eligible for a monetary award when the authority finds:

(a) That the applicant is a resident of this state;

(b) That the applicant is enrolled or intends to be enrolled in a program of study which leads to a certificate or degree at an eligible postsecondary institution;

(c) That the applicant exhibits financial need.

(2) Eligibility of institutions. An applicant may apply for an award for the purpose of attending an institution of postsecondary education whether designated as a university, college, community college, junior college, scientific or technical school, which either;

(a) Is an institution that has gained accreditation from an accrediting agency which is recognized by the United States office of education; or

(b) Has gained the explicit endorsement from the authority for the purpose of Rhode Island postsecondary student financial assistance.

SECTION 2. This article shall take effect upon passage.

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:

{ADD 42-63.1-6. Roger Williams reserve fund. -- ADD} (a) There is hereby created as a separate fund within the general fund to be called the Roger Williams reserve fund which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. The fund shall consist of such sums as the state may, from time to time receive from the hotel tax fund.

(b) {DEL For the fiscal year beginning July 1, 1993 and ending June 30, 1994, DEL} {ADD For the fiscal year beginning July 1, 1994, ADD} all monies placed in the Roger Williams reserve fund 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, 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 fund and the uses made of such funds.

SECTION 2. This article shall take effect upon passage.

SECTION 1. Pursuant to the public laws, 1993, chapter 138, article 15, 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, 1994 due to fiscal constraints.

The effective date of the following sections created by chapter 461 of the public laws, 1990 is postponed again until July 1, 1995: 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:

{ADD 42-17.1-40. Continuity of administrative functions. -- ADD} 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 {DEL July 1, 1994 DEL} {ADD July 1, 1995 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, 1994. 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 and chapter 133 of the public laws, 1992 and chapter 138 of the public laws, 1993 are hereby ratified and confirmed.

SECTION 1. Sections 22-12-4 and 22-12-5 in chapter 22-12 of the general laws, entitled "Fiscal Notes," are hereby amended to read as follows:

{ADD 22-12-4. Return of fiscal notes. -- ADD} (a) Fiscal notes shall be returned to the chairperson of the committee having the bill or resolution under consideration, and to the person making the request within {DEL eight (8) legislative DEL} {ADD ten (10) calendar ADD} days of when the request was made {ADD . ADD} {DEL or for bills or resolutions affecting cities or towns, within ten (10) legislative days of when the request was made. DEL} All completed fiscal notes received by committee in compliance herewith shall be reviewed by the advisor of the committee on finance of the house or senate who shall note his or her approval as to accuracy and reliability of the dollar estimates or append his or her comments or exceptions.

(b) If the budget office fails to return a fiscal note within the timeframe {DEL s DEL} set forth in subsection (a), the house fiscal advisor or the senate fiscal advisor may {ADD request any agency or department of state government which may be affected by the bill or resolution under consideration to provide any such information as he or she may deem necessary for the preparation of ADD} {DEL prepare DEL} an interim fiscal note. {ADD Any agency or department of which such a request is made shall respond in writing to the said fiscal advisor within five (5) business days. The house fiscal advisor or the senate fiscal advisor may prepare an interim fiscal note at any time after expiration of the time frame set forth in subsection (a) of this section. ADD}

(c) Notwithstanding the provisions of section 22-12-1, the house in which such bill or resolution originated may consider the bill or resolution if the fiscal note has not been returned within the timeframes set forth in subsection (a) provided an interim note has been prepared.

{ADD 22-12-5. Failure to supply information. -- ADD} Whenever a bill or resolution requiring a fiscal note as set forth in section 22-12-2 affects a city or town financially and the affected city or town fails to supply the necessary financial information or fails to cooperate with the agency or entity as set forth in section 22-12-3, compiling the financial information within {DEL fifteen (15) DEL} {ADD five (5) business ADD} days after the request for such financial information, then the chairperson of the legislative committee to which the bill is assigned shall notify the chief executive official of the city or town, by certified mail, return receipt requested, that the city or town has not supplied or has failed to cooperate in the compiling of the financial information. The affected city or town shall have three (3) calendar days from the receipt of the certified letter to supply the financial information. In the event that the bill or resolution becomes law and has a financial effect on the city or town which does or could necessitate additional expenditures from local revenue, then the provisions of sections 45-13-6 -- 45-13-11 shall not apply.

SECTION 2. This article shall take effect upon passage.

SECTION 1. Section 44-20-13.2 of the General Laws in Chapter 44-20 entitled "Cigarette Tax" is hereby amended to read as follows:

{ADD 44-20-13.2. Tax imposed on smokeless tobacco, cigars and pipe tobacco products. -- ADD} A tax is hereby imposed on all smokeless tobacco, cigars and pipe tobacco products sold or held for sale in the state by any person, the payment thereof to be accomplished according to a mechanism established by the administrator, division of taxation, department of administration. Any tobacco product on which the proper amount of tax provided for in this chapter has been paid, such payment being evidenced by such stamp, shall not be subject to a further tax under this chapter. The tax herein imposed shall be at the rate of twenty percent (20%) of the wholesale cost of smokeless tobacco, cigars and pipe tobacco products. {ADD The proceeds collected shall be paid into the general fund. ADD}

SECTION 2. Sections 44-20-13.3 and 44-20-13.4 of the General Laws in Chapter 44-20 entitled "Cigarette Tax" are hereby repealed in their entirety.

{DEL 44-20-13.3. Restricted receipt account for fees. -- DEL} {DEL The proceeds of any taxes collected pursuant to section 44-20-13.2 shall be paid to a restricted receipt account, hereby created. DEL}

{DEL 44-20-13.4. Appropriation. -- DEL} {DEL The following appropriations are hereby made from the restricted receipt account established by 44-20-13.3: One half (1/2) of the funds in the account shall be used solely for programs which promote the objections set forth in section 23-64-2; and one-half (1/2) of the funds shall be allocated to the state office of substance abuse to be used as follows: forty-eight percent (48%) for community grants for treatment, forty percent (40%) to the Ferry program established by 35-4-18, and twelve percent (12%) to the employee assistance program. The appropriations made by this section are in addition to any other appropriations made. 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 sums as may be necessary from time to time. DEL}

SECTION 3. This article shall take effect July 1, 1994.

SECTION 1. Chapter 35-4 of the general laws entitled "State Funds" is hereby amended by adding thereto the following section:

{ADD 35-4-28. Restricted receipt accounts/general. -- ADD} {ADD Notwithstanding any law to the contrary, in fiscal year 1995 beginning July 1, 1994 and in all subsequent years thereafter, the following restricted receipt accounts will be converted to general revenue accounts:

Alcohol--Highway Safety

Highway Safety Program

Court Improvement Project Fund

Criminal Justice Information System

Court Improvement Fund--ACIS

Appeal Fee Administrative Adj

Ct Improv Proj Fund Electronic Data Storage

Admin Adjudication Court- DWI

Substance Abuse--Prevention--AAC Admin

DWI Retraining

Collection Agency AAC ADD}

SECTION 2. Section 8-6-5 of the General Laws in Chapter 8-6 entitled "General Powers of Supreme and Superior Courts" is hereby amended to read as follows:

{ADD 8-6-5. Arbitration of civil actions. -- ADD} The presiding justice of the superior court may promulgate rules and regulations providing for compulsory and/or noncompulsory nonbinding arbitration of such category or categories of civil actions filed in or appealed to the superior court as he or she shall determine. The matter shall be heard by a single arbitrator who shall be selected by mutual agreement of the plaintiff(s) and defendant(s). If after thirty (30) days the plaintiff(s) and defendant(s) are unable to agree upon the selection of an arbitrator, a justice of the superior court shall select such arbitrator upon request in writing from either party. The costs of arbitration shall be borne by the Rhode Island State Court System and a reasonable cost of the arbitration not to exceed three hundred dollars ($300) per case may be assessed and apportioned to each of the parties by the superior court pursuant to rules and regulations promulgated by the presiding justice of the superior court consistent with section 8-6-6. The assessed costs received from the parties shall be {DEL maintained in the court improvement fund to be used exclusively for the arbitration program DEL} {ADD deposited into the general fund. ADD} Any party dissatisfied with the decision of the arbitrator may demand a trial by jury, if one was timely claimed in the complaint or answer, or a trial by judge, if no jury trial was claimed. The decision of the arbitrator shall not be admissible at said trial. The court may require a party who rejects an arbitrator's award and demands a trial to post a two hundred dollar ($200) filing fee. Such filing fee shall be posted with the superior court clerk and deposited into {DEL "the court improvement project fund" established pursuant to the provisions of section 9-29.1-1. DEL} {ADD the general fund. ADD} If more than one (1) party rejects the arbitrator's award and demands a trial, the filing fee shall be apportioned amongst them. Should the verdict at trial be more favorable to said party than the arbitrator's award, said filing fee shall be reimbursed to that party. Should the verdict be equal to or less favorable to said party than the arbitrator's award, the filing fee posted shall be forfeited as a sanction. If forfeited as a sanction such fee shall remain {DEL available to "the court improvement project fund" DEL} {ADD in the general fund. ADD}

SECTION 3.. Sections 9-29-1, 9-29-18, 9-29-19 and 9-29-20 of the General Laws in Chapter 9-29 entitled "Fees" are hereby amended to read as follows:

{ADD 9-29-1. District court fees. -- ADD} 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

{DEL of which five dollars ($5.00) shall be deposited into "the court improvement project fund" established pursuant to the provisions of chapter 29.1 of this title. DEL}

For the entry of every other action.........................$25.00

{DEL of which ten dollars ($10.00) shall be deposited into "The Court Improvement Project Fund" established pursuant to the provisions of chapter 29.1 of this title. DEL}

In addition to the fees set forth herein, commencing July 1, 1992 a surcharge shall be placed on all filing fees as set forth below. {DEL The surcharge shall be deposited in the restricted receipts account established pursuant to section 42-108-7. DEL}

{ADD 9-29-18. Superior court fees. -- ADD} 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............... $80.00

{DEL of which thirty-two dollars and fifty cents ($32.50) shall be deposited into "the court improvement project fund" established pursuant to the provisions of chapter 29.1 of this title and fifteen dollars ($15.00) of which shall be deposited into the restricted receipts account established pursuant to section 42-108-7. DEL}

For every writ of execution..................... $40.00 {DEL of which twenty dollars ($20.00) shall be deposited into "the court improvement project fund" established pursuant to the provisions of chapter 29.1 of this title and fifteen dollars ($15.00) shall be deposited into the restricted receipts account established pursuant to section 42-108-7. DEL}

For the issuance of every citation..........................$25.00

{DEL of which twelve dollars and fifty cents ($12.50) shall be deposited into "the court improvement project fund" established pursuant to the provisions of chapter 29.1 of this title.

Sums deposited into "the court improvement project fund" under this section shall be used exclusively for the automated civil information system (ACIS), pursuant to chapter 108 of title 42. DEL}

In addition to the fees set forth herein, a surcharge shall be placed on all filing fees as set forth below. {DEL The surcharge shall be deposited in the restricted receipts account established pursuant to section 42-108-7. DEL}

{ADD 9-29-19. Family court fees. -- ADD} 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.......$50.00

{DEL of which, twenty-five dollars ($25.00) shall be deposited into "The Court Improvement Project Fund" established pursuant to the provisions of chapter 29.1 of this title. DEL}

For every writ of execution.................................$15.00

In addition to the fees set forth herein, commencing July 1, 1992 a surcharge shall be placed on all filing fees as set forth below. {DEL The surcharge shall be deposited in the restricted receipts account established pursuant to section 42-108-7. DEL}

{ADD 9-29-20. Supreme court fees. -- ADD} The supreme court, by a majority of its members, shall have the power to prescribe by rule a fee of not more than one hundred fifty dollars ($150.00) for docketing a civil appeal or docketing any other proceeding brought to review a civil matter and to prescribe a waiver of such fee as to a person who is unable to pay the same. {DEL Fifty dollars ($50.00) of said fee shall be deposited into "The Court Improvement Project Fund" established pursuant to the provisions of chapter 29.1 of this title. DEL}

Commencing July 1, 1992, in addition to the fees set forth herein, the court, by a majority of its members, shall have the power to prescribe by rule a surcharge in the amount of forty dollars ($40.00) for docketing a civil appeal or docketing any other proceeding brought to review a civil matter. {DEL The surcharge shall be deposited in the restricted receipts account established pursuant to 42-108-7. DEL}

Commencing July 1, 1999 the court may increase the surcharge to $85.00.

SECTION 4. Sections 9-29.1-1, 9-29.1-2, 9-29.1-3, and 9-29.1-4 of the General Laws in Chapter 9-29.1 entitled "The Court Improvement Project Fund" are hereby repealed.

{DEL 9-29.1-1. DEL} {DEL Fund established. -- DEL} {DEL There is hereby created "The Court Improvement Project Fund" which shall be administered by the administrator of the state courts under the supervision and direction of the chief justice of the supreme court. Those funds received pursuant to the provisions of sections 8-6-5, 9-29-1, 9-29-18, 9-29-19 and 9-29-20 for the purpose of this chapter shall be deposited into said fund, which shall be a restricted purpose, receipt account separate from all other funds collected by the judicial department. DEL}

{DEL 9-29.1-2. DEL} {DEL Use of funds. -- DEL} {DEL All receipts paid into "The Court Improvement Project Fund" shall be used for those court improvements projects established and designated by the administrator of the state courts and approved by the chief justice of the supreme court. DEL}

{DEL 9-29.1-3. DEL} {DEL Court improvement project fund commission established -- Composition and purpose. -- DEL} {DEL There is hereby created a commission to be known as The Court Improvement Project Fund Commission. The commission shall consist of six (6) members: The chief justice of the supreme court or designee; the governor or designee; the auditor general or designee; the majority leader of the senate or designee; the speaker of the house of representatives or designee and, in alternate years, the minority leader of the senate or the minority leader of the house or designee.

The purpose of the commission shall be to evaluate the fund and its use, to make recommendations to the administrator of the state courts regarding the fund and the use of the receipts deposited into the fund and to study and make recommendations regarding the continuation of the fund beyond the date set for termination of the fund. DEL}

{DEL 9-29.1-4. DEL} {DEL Court improvement project fund commission -- Required meetings of commission. -- DEL} {DEL The chairman of the commission shall convene the commission no less than two (2) times annually, with said mandatory meetings to be in the months of July and January of each calendar year. DEL}

SECTION 5. Section 16-21.3-3 of the General Laws in Chapter 16-21.3 entitled "The Rhode Island Student Assistance Junior High/Middle School Act" is hereby amended to read as follows:

{ADD 16-21.3-3. Funding of junior high/middle school student assistance program. -- ADD} Monies to fund this program shall be raised by assessing an additional substance abuse prevention assessment of thirty dollars ($30.00) for all {ADD moving ADD} motor vehicle violations handled by the R.I. administrative adjudication court including but not limited to those violations set forth in section 31-41-4 except for speeding {DEL , DEL} {ADD . ADD} {DEL presently under the jurisdiction of the administrative adjudication court, said DEL} {ADD Said ADD} monies shall be deposited in a restricted purpose receipt account separate from all other accounts within the {DEL administrative adjudication court DEL} {ADD office of substance abuse ADD} . Said restricted purpose receipt account shall be known as the junior high/middle school student assistance fund and the administrative adjudication court shall transfer monies from the junior high/middle school student assistance fund to the office of substance abuse (OSA) for the administration of the Rhode Island student assistance junior high/middle school act. Student assistance programs not in existence on June 1, 1990 shall be eligible for funding on or after January 1, 1991. Programs in existence on June 1, 1990 shall be eligible for funding on or after January 1, 1992. Provided, however, all requests for programs made prior to January 1, 1992 and not yet funded shall be funded as long as they are eligible prior to the funding of any program in existence on January 1, 1990.

The office of substance abuse (OSA) may utilize up to {DEL three percent (3%) DEL} {ADD ten percent (10%) ADD} of such sums, collected from {DEL the first ten dollars ($10.00) DEL} of the additional penalty for the purpose of administering the program. {DEL The administrative adjudication court may utilize up to two percent (2%) of such sums, collected from the additional penalty, to assist in fulfilling its own obligations under this section. DEL}

SECTION 6. Section 31-2-10 of the General Laws in Chapter 31-2 entitled "Registry of Motor Vehicles" is hereby amended to read as follows:

{ADD 31-2-10. Abstracts of operator's records. -- ADD} (a) The registrar shall upon request furnish a certified abstract of the record of any operator on file fully designating the motor vehicles, if any, registered in the name of such operator, the record of all convictions of such operator of any of the provisions of this title, and the record of all such operator's involvement in accidents required to be reported pursuant to the provisions of section 31-33-1 of this title. If such operator shall have no such record, the registrar shall so certify. The registrar shall collect for each such certificate the sum of ten dollars ($10.00); provided, however, that if the request for such certificate is made by any governmental agency, bureau or department for use in its official capacity, the registrar shall collect no fee. The requirement of this section that such certificate shall be furnished shall not make such certificate admissible as legal evidence in any legal proceeding or in any trial, whether criminal or civil.

{DEL (b) The registrar shall forward five dollars ($5.00) of said fee to the administrative adjudication court, to be deposited in the fund established pursuant to the provisions of section 9-29.1-1 of the general laws, and to be dedicated to the operation and maintenance of the electronic data storage and/or retention system of the administrative adjudication court. DEL}

Provided, however, for the fiscal year ending June 30, 1994, the sum of two hundred and fifteen thousand dollars ($215,000) shall be transferred to the general fund on or before October 1, 1993.

SECTION 7. Sections 31-27-2, 31-27-2.1, 31-27-2.5, and 31-27-2.7 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

{ADD 31-27-2. Driving under influence of liquor or drugs. -- ADD} (a) Whoever operates or otherwise drives any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, shall be guilty of a misdemeanor and shall be punished as provided in paragraph (d) of this section.

(b)(1) Any person charged under subsection (a) of this section whose blood alcohol concentration is one-tenth of one percent (.1%) or more by weight as shown by a chemical analysis of a blood, breath or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination thereof, to a degree which rendered such person incapable of safely operating a vehicle. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.

(2) Whoever operates or otherwise drives any vehicle in the state with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.

(c) In any criminal prosecution for a violation of paragraph (a) of this section, evidence as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof in the defendant's blood at the time alleged as shown by a chemical analysis of the defendant's breath, blood or urine or other bodily substance shall be admissible and competent provided that evidence is presented that the following conditions have been complied with.

(1) The defendant has consented to the taking of the test upon which said analysis is made. Evidence that the defendant had refused to submit to said test shall not be admissible unless the defendant elects to testify.

(2) A true copy of the report of the test result was mailed within seventy-two (72) hours of the taking of said test to the person submitting to a breath test.

(3) Any person submitting to a chemical test of blood, urine or other body fluids shall have a true copy of the report of the test result mailed to him or her within thirty (30) days following the taking of the test.

(4) The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.

(5) Equipment used for the conduct of such tests by means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.

(6) The person arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof in violation of paragraph (a) of this section was afforded the opportunity to have an additional chemical test and the officer arresting or so charging such person informed such a person of this right and afforded him or her a reasonable opportunity to exercise the same and a notation to this effect is made in the official records of the case in the police department. Refusal to permit such additional chemical test shall render incompetent and inadmissible in evidence the original report.

(d)(1) Every person convicted of a first violation shall be subject to a fine of not less than one hundred ($100) dollars nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community service and/or shall be imprisoned for up to one (1) year. Said sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. Said person's driving license shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual.

(2) Every person convicted of a second violation within a five (5) year period shall be subject to a mandatory fine of four hundred ($400) dollars. Said person's driving license shall be suspended for a period of one (1) year to two (2) years and said individual shall be sentenced to not less than ten (10) days nor more than one (1) year in jail. Said sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcoholic or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section 31-27-2.8.

(3)(a) Every person convicted of a third or subsequent violation within a five (5) year period shall be subject to a mandatory fine of four hundred ($400) dollars. Said person's driving license shall be suspended for a period of two (2) years to three (3) years and said individual shall be sentenced to not less than six (6) months nor more than one (1) year in jail. Said sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section 31-27-2.8.

(b) In addition to the foregoing penalties, every person convicted of a third or subsequent violation within a five (5) year period shall be subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by such violator seized and sold by the state of Rhode Island, with all funds obtained thereby to be transferred to the general fund.

(4) For purposes of determining the period of license suspension a prior violation shall constitute any charge brought and sustained under the provisions of this section or section 31-27-2.1, as amended.

(5)(a) Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500). Said assessment shall be imposed upon July 1, 1982 and every year thereafter {ADD , and shall be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section. ADD} {DEL and effective January 1, 1986 shall be deposited in a restricted purpose receipt account separate from all other fines collected by the judicial department and shall be collected from a violator before any other fines authorized by this section. Said assessments shall be used for the purposes of administration, screening, alcoholic and/or drug treatment and enforcement based upon the following percentages -- fifty-six percent (56%) deposited directly into a restricted purpose receipt account under the office of substance abuse (OSA) within the executive department, thirty-two percent (32%) to the department of transportation, and twelve percent (12%) to the department of health. DEL}

(b) Any person convicted of a violation under this section shall be assessed a fee {ADD . ADD} {DEL which shall be deposited in the restricted receipts account established pursuant to section 42-108-7 for the purpose of carrying out the provisions of the comprehensive criminal/juvenile justice information systems act. DEL}

Said fee shall be as follows:

(6)(a) If the person convicted of violating this section is under the age of eighteen (18) years, for the first violation he or she shall be required to perform the ten (10) to sixty (60) hours of public community service, and said juvenile's driving license shall be suspended for a period of six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing judge shall also require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. The juvenile may also be required to pay a highway assessment fine of no more than five hundred dollars ($500) {ADD , and the assessment imposed shall be deposited into the general fund. ADD} {DEL , and the assessment imposed shall be distributed in the percentages stated in subsection (5) above DEL}.

(b) If the person convicted of violating this section is under the age of eighteen (18) years, for a second or subsequent violation he or she shall be subject to a mandatory suspension of driving license until such time as he/she is twenty one (21) years of age and may in the discretion of the sentencing judge also be sentenced to the Rhode Island training school for a period of not more than one (1) year and/or a fine of not more than five hundred ($500) dollars.

(7) Any person convicted of a violation under this section may undergo a clinical assessment at a facility approved by the department of MHRH. Should this clinical assessment determine problems of alcohol, drug abuse or psychological problems associated with alcoholic or drug abuse, this person shall be referred to the T.A.S.C. (treatment alternatives to street crime) program for treatment placement, case management and monitoring.

(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.

(f)(1) There is hereby established an alcohol and drug safety unit within the {DEL department of transportation DEL} {ADD administrative adjudication court ADD} to administer an alcohol-safety action program. The program shall provide for placement and follow-up for persons who are required to pay the highway safety assessment. The alcohol and drug safety action program will be administered in conjunction with alcohol and drug programs within the department of mental health, retardation and hospitals, the {DEL office DEL} {ADD department ADD} of substance abuse (OSA), {ADD and the ADD} department of health {DEL and department of transportation DEL} . The alcohol and drug safety action program shall be implemented on January 1, 1983.

(2) Persons convicted under the provisions of this chapter shall be required to attend a special course on driving while intoxicated or under the influence of a controlled substance and/or participate in an alcohol or drug treatment program. A copy of any violation under this section shall be forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under the provisions of this chapter fail to attend and complete the above course or treatment program, as ordered by the judge, then said person may be brought before the court, and after hearing as to why the order of the court was not followed, may be sentenced to jail for a period not exceeding one (1) year.

{DEL (3) Effective January 1, 1986 there is hereby created within the department of transportation the alcohol and drug safety action program account to be funded by monies which are derived from highway safety assessments defined in sections 31-27-2(d)(5), 31-27-2(d)(6)(a) and 31-27-2.1(a)(5) and dedicated for the purpose of funding activities described in section 31-27-2(f)(1). Annual appropriations shall not exceed the amount of receipts anticipated to be collected in the year of appropriation. Expenses shall not exceed appropriations; however, should receipts not be sufficient to support expenditures made in accordance with appropriations, funds shall be made available from receipts collected in the subsequent year. Should receipts exceed expenditures in any one (1) year, such receipts shall be accumulated within the alcohol and drug safety action program account. DEL}

{ADD The alcohol and drug safety action program within the administrative adjudication court shall be funded by general revenue appropriations commencing on July 1, 1994. ADD}

(g) The director of the health department of the state of Rhode Island is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath, and the qualifications and certification of individuals authorized to administer such testing and analysis.

(h) Jurisdiction for violations of this section is hereby given to the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years and said courts shall have full authority to impose any sentence authorized and to order the suspension of any license for violations of this section. All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time.

(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, public community service or jail provided for under this section can be suspended.

(j) An order to attend a special course on driving while intoxicated that shall be administered in cooperation with a college or university accredited by the state shall include a provision to pay a reasonable tuition for such course in an amount not less than twenty-five dollars ($25.00), and a fee of {ADD one hundred ADD} seventy-five dollars {DEL ($75.00) DEL} {ADD ($175.00) ADD} , which fee shall be deposited {ADD into the general fund. ADD} {DEL in a restricted receipt account within the Rhode Island Department of Transportation Administrative Adjudication Division, and an additional fee of one hundred dollars ($100) which fee shall be deposited in the RI Department of Health Laboratory fee restricted receipt account. DEL}

(k) For the purposes of this section, any test of a sample of blood, breath or urine for the presence of alcohol, which relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.

(l) If any provision of this section or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair or invalidate the remainder of the section, but shall be confined in this effect to the provision or application directly involved in the controversy giving rise to the judgment.

{ADD 31-27-2.1. Refusal to submit to chemical test. -- ADD} (a) Any person who operates a motor vehicle within this state shall be deemed to have given his consent, to chemical tests of his breath, blood, and/or urine for the purpose of determining the chemical content of his body fluids or breath provided that no more than two (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or any controlled substance as defined in section 21-28-1.02(6), shall be administered at the direction of a law enforcement officer having reasonable grounds to believe such person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination thereof. The director of the department of health is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and the qualifications and certification of individuals authorized to administer such testing and analysis.

If a person, for religious or medical reasons cannot be subjected to blood tests, he may file an affidavit with the registry stating the reasons why he cannot be required to take blood tests, and a notation to this effect shall be made on his license. If such a person is asked to submit to chemical tests as provided herein, he shall only be required to submit to chemical tests of his breath or urine. When a person is requested to submit to blood tests, only a physician or registered nurse or a medical technician certified under regulations promulgated by the director of the department of health may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to have a physician of his own choosing and at his own expense administer chemical tests of his breath, blood and/or urine in addition to the tests administered at the direction of a law enforcement officer. If such person having been placed under arrest refuses upon the request of a law enforcement officer to submit to the tests as provided in section 31-27-2, as amended, none shall be given, but an administrative judge of the {DEL division of DEL} administrative adjudication {ADD court ADD} , upon receipt of a report of a law enforcement officer that he had reasonable grounds to believe the arrested person had been driving a motor vehicle within this state under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, that the person had been informed of his rights in accordance with section 31-27-3, that the person had been informed of the penalties incurred as a result of noncompliance with this section, and that the person had refused to submit to the tests upon the request of a law enforcement officer, shall promptly order that the person's operator's license or privilege to operate a motor vehicle in this state be immediately suspended and that the person's license be surrendered within five (5) days of notice of suspension. An administrative judge pursuant to the terms of subsection (b) within shall thereafter order as follows:

(1) Impose for the first violation a fine in the amount of two hundred dollars ($200) to five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of public community service. Said person's driving license in this state shall be suspended for a period of three (3) months to six (6) months. The administrative judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.

(2) Impose for a second violation within a five (5) year period a fine in the amount of three hundred dollars ($300) to five hundred dollars ($500) and said person's driving license in this state shall be suspended for a period of one (1) year to two (2) years. The administrative judge shall require alcohol and/or drug treatment for the individual.

(3) Impose for a third or subsequent violation within a five (5) year period a fine of four hundred dollars ($400) to five hundred dollars ($500) and said person's operator's license in this state shall be suspended for a period of two (2) years to three (3) years. The administrative judge shall require alcohol or drug treatment for the individual. Provided, however, that prior to the reinstatement of a license to a person charged with a third or subsequent violation within a three-year period, a hearing shall be held before an administrative judge. At said hearing the administrative judge shall review the person's driving record, his employment history, family background and any other pertinent factors that would indicate that the person has demonstrated behavior which warrants the reinstatement of his license.

(4) For purposes of determining the period of license suspension a prior violation shall constitute any charge brought and sustained under the provisions of this section or section 31-27-2, as amended.

(5) In addition to any other fines, a highway safety assessment of five hundred dollars ($500) shall be paid by any person found in violation of this section {DEL . DEL} {ADD , said assessment to be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section. ADD} {DEL Said assessment shall be deposited in a restricted purpose receipt account separate from all other fines collected by the Division of Administrative Adjudication, Department of Transportation and shall be collected from a violator before any other fines authorized by this section. Said assessment shall be used for the purpose of administration, screening, alcohol and/or drug treatment and enforcement in accordance with section 31-27-2. DEL}

(6) No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, or public community service provided for under this section can be suspended.

(b) Upon suspending or refusing to issue a license or permit as provided in subsection (a) of this section, the {DEL division for DEL} administrative adjudication {ADD court ADD} shall immediately notify the person involved in writing, and upon his request within fifteen (15) days shall afford him an opportunity for a hearing as early as practical upon receipt of such request in writing. Upon such hearing the administrative judge may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers. If the administrative judge finds after such hearing that the law enforcement officer making the sworn report had reasonable grounds to believe that the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, and that said person while under arrest refused to submit to the tests upon the request of a law enforcement officer, that the person had been informed of his rights in accordance with section 31-27-3, and that the person had been informed of the penalties incurred as a result of noncompliance with this section, the administrative judge shall sustain the violation. The administrative judge shall then impose the penalties set forth in sub-section (a), above. Such action by the administrative judge must be taken within seven (7) days after such hearing, or it shall be presumed that the administrative judge has refused to issue his order of suspension.

(c) For the purposes of this section, any test of a sample of blood, breath or urine for the presence of alcohol which relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.

(d) If any provision of this section or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair or invalidate the remainder of the section, but shall be confined in this effect to the provisions or application directly involved in the controversy giving rise to the judgment.

{ADD 31-27-2.5. Chemical tests to persons eighteen (18) years of age -- Refusal -- License suspension. -- ADD} (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical test as provided in section 31-27-2 shall have imposed all the penalties provided by section 31-27-2.1, but shall have his license suspended on a first violation for six (6) months, subject to the terms of subsection (e) below.

(b) Jurisdiction for violations of this section is hereby given to the family court.

(c) If such person as set forth in subsection (a) above refuses, upon the request of a law enforcement officer, to submit to a test as provided in section 31-27-2.1, as amended, none shall be given, but a judge of the family court, upon receipt of a report or testimony of a law enforcement officer that he had probable cause to stop the arrested person and reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while impaired by intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, that the person had been informed of his rights in accordance with section 31-27-3, that the person had been informed of the penalties to be incurred as a result of noncompliance with this section and that the person had refused to submit to the test upon the request of a law enforcement officer, shall promptly order a hearing on whether the person's operator's license or privilege to operate a motor vehicle in this state shall be suspended and upon suspension shall order the license of said person to be surrendered to the Rhode Island department of {DEL transportation DEL} {ADD administration ADD} , division of motor vehicles within three (3) days.

(d) If such person takes a test as provided in section 31-27-2 and said test determines said person's blood alcohol concentration to be at least four-hundredths of one percent (.04%) but less than one-tenth of one percent (.1%) by weight, said person shall be determined to have been driving while impaired. A judge of the family court shall, pursuant to the terms of subsection (e) within, thereafter order as follows:

(1) A highway safety assessment of one hundred fifty dollars ($150) or community service in lieu of highway safety assessment shall be paid by any person found in violation of this section. {DEL Said assessment shall be deposited in a restricted receipt account separate from all other monies collected by the family court. DEL} {ADD Said assessment shall be deposited into the general fund. ADD} {DEL Said assessment shall be used for the purpose of administrative screening and/or alcohol and drug treatment and enforcement in accordance with section 31-27-2. DEL}

(2) Said person's driving license shall be suspended for six (6) months on a first violation, and may be suspended for a period of up to twelve (12) months, provided said person also shall attend a special course on driving while intoxicated and provided that said person shall also attend an alcohol and or drug treatment program if ordered by the family court judge. Failure or refusal of said person to attend said course and/or alcohol or drug treatment program shall result in said person's driving license being suspended until such time as the course or treatment program has been completed.

(3) On a second violation of this section, said person's driving license shall be suspended until such time as he/she is twenty one (21) years of age. The sentencing judge shall require alcohol and/or drug treatment for the individual.

(4) On a third or subsequent violation, said person's driving license shall be suspended for an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug treatment for the individual.

(5) No suspensions, assessments, driving while intoxicated school or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.

(e) Upon suspending a license or permit as provided in subsection (a), (c) or (e) of this section, the family court shall immediately notify the person involved, in writing, as well as the custodial parent if said person is under the age of eighteen (18) years.

(f) The police department which charges any person under eighteen (18) years of age with refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, or driving while under the influence of liquor or drugs, shall ascertain the name and address of the custodial parent of said person and shall notify said parent in writing within ten (10) days of the charge.

(g) The Rhode Island department of {DEL transportation, division DEL} {ADD administration, ADD} {DEL of motor vehicles, DEL} upon issuing a first license to a person sixteen (16) or seventeen (17) years of age, shall provide a written notice of the penalties provided by this section. Any violation of this section shall not be considered a criminal offense.

{ADD 31-27-2.7. Driving while impaired. -- ADD} A person under the age of twenty-one (21) but at least eighteen (18) years of age who takes a test as provided for in section 31-27-2, at the request of a law enforcement officer who believes said person to be driving under the influence of liquor, shall be determined to have been driving while impaired if the test determines said person's blood alcohol concentration to be at least four-hundredths of one percent (.04%) but less than one-tenth of one percent (.1%) by weight.

Should after a hearing in district court it be determined that (1) the results of the test are admissable in that it meets all of the conditions as set forth in section 31-27-2 and (2) the person has been afforded his or her rights as set forth in section 31-27-2 then the judge shall thereafter order as follows:

(a) A fine of not more than {DEL one DEL} {ADD two ADD} hundred {ADD and fifty ADD} dollars {DEL ($100) DEL} {ADD ($250) ADD} {DEL and a DEL} {DEL highway safety assessment of one hundred fifty dollars ($150) DEL} and thirty (30) hours of community service. Said {DEL assessment DEL} {ADD fine ADD} shall be deposited in the {DEL restricted receipt account authorized by section 31-27-2. DEL} {ADD general fund. ADD}

(b) Said person's driving license shall be suspended for not less than one (1) nor more than three (3) months on a first violation, provided said person also shall attend a special course in driving while intoxicated and provided that said person shall also attend an alcohol and/or drug treatment program if ordered by the district court judge. Failure or refusal of said person to attend said course and/or alcohol or drug treatment program shall result in said person's driving license being suspended until such time as the course in treatment program has been completed.

(c) On a second and subsequent violation of the section said person shall be fined not more than two hundred and fifty dollars ($250) together with a highway safety assessment of three hundred dollars ($300) and shall be required to perform up to sixty (60) hours of community service. Said person's driving license shall also be suspended for not less than three (3) months nor more than six (6) months. The sentencing judge shall also require said person to attend a special course in driving while intoxicated and also attend on alcohol and/or drug treatment program.

No suspensions, assessments, driving while intoxicated school or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered or changed.

Any violation of the section shall not be considered a criminal offense.

SECTION 8. Sections 31-43-3, 31-43-3.1, 31-43-4, and 31-43-5 of the General Laws in Chapter 31-43 entitled "Administrative Adjudication Court" are hereby amended to read as follows:

{ADD 31-43-3. Hearings. -- ADD} (1) Every hearing for the adjudication of a traffic infraction, as provided by this chapter shall be held before a judge of this court. The burden of proof shall be upon the state, and no charge may be established except by clear and convincing evidence. The chief judge may prescribe, by rule or regulation, the procedures for the conduct of such hearings. On or before September 1, 1992, the chief judge, in consultation with the administrator/clerk, shall prescribe rules for discovery in all contested cases involving violations of section 31-27-2.1. Discovery shall include but not be limited to access to police reports, accident reports and statements showing a person has been advised of his or her rights.

(2) After due consideration of the evidence and arguments , the judge shall determine whether the charges have been established. Where the charges are not established, an order dismissing the charges shall be entered. Where a determination is made that a charge has been established or if an answer admitting the charge has been received, an appropriate order shall be entered in the court's records.

(3) An order entered after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, but shall be treated as an adjudication that a violation has been committed for the purpose of this chapter. The administrator/clerk, his or her designee or a judge may include in such order an imposition of any penalty authorized by any provisions of this title for a conviction of such violation, except that no penalty therefor shall include imprisonment Provided however, that the administrator/clerk, his or her designee, or a judge may order the suspension or revocation of a license or of a registration based upon findings, in accordance with the provisions of this title which authorize the suspension or revocation of a license or of a registration, or may order the suspension of a license or of a registration for the wilful failure to pay a fine previously imposed by said administrator/clerk, his or her designee or a judge. A judge, if he or she deems it advisable, may order a motorist to attend a rehabilitative driving course operated under the jurisdiction of a college or university accredited by the state of Rhode Island, or the trained personnel of the administrative adjudication court. An order to attend such a course may also include a provision to pay reasonable tuition for such course to such institution in an amount not to exceed twenty-five dollars ($25.00). Said order shall contain findings of fact.

(4) Unless a judge shall determine that a substantial traffic safety hazard would result therefrom, and except for violations pursuant to 31-27-2.1, he or she shall, pursuant to the regulations of the administrator/clerk, delay for a period of thirty (30) days the effective date of any suspension or revocation of a driver's license or vehicle registration imposed pursuant to this chapter. Provided, however, that the regulations may provide for the immediate surrender of any item to be suspended or revoked and the issuance of appropriate temporary documentation to be used during such thirty (30) day period. Said provision for immediate surrender shall contain a statement of reasons therefor.

(5) A two dollar ($2.00) hearing cost shall be assessed against each person pleading or found guilty of a traffic infraction, as provided by this chapter. The Rhode Island commission on police officers standards and training shall receive the first twenty-five thousand dollars ($25,000.00) of such funds, which said sum shall be increased by five percent (5%) annually for each fiscal year, beginning with fiscal year 1987-1988 to be used for police in-service training on highway safety; any funds received in excess thereof shall be paid into the general fund.

(6)(a) Commencing July 1, 1989, an additional fee shall be assessed against each disposition of a traffic infraction as provided by this chapter other than those wherein the individual is found not guilty or the action is dismissed ; provided, however, that when monetary penalties are answered by mail in accordance with 31-43-2, the additional fee shall be as follows:

(b) In addition thereto, commencing July 1, 1992, an additional fee shall be assessed against each disposition of a traffic fine infraction as provided by this chapter other than those wherein the individual is found not guilty or the action is dismissed; provided, however, that when monetary penalties are answered by mail in accordance with 31-43-2, the additional fee shall be as follows:

(c) In addition thereto, commencing July 1, 1995, an additional fee shall be assessed against each disposition of a traffic fine infraction as provided by this chapter other than those wherein the individual is found not guilty or the action is dismissed; provided, however, that when monetary penalties are answered by mail in accordance with 31-43-2, the additional fee shall be as follows:

(d) In cases in which a hearing is held before the court, the additional fee shall be as follows:

(e) Commencing July 1, 1999, all existing fees assessed against each disposition of a traffic fine infraction as provided by this chapter other than those wherein the individual is found not guilty or the action is dismissed shall be reduced by fifty percent (50%) when monetary penalties are answered by mail in accordance with section 31-43-2.

{DEL (f) Any fees collected in accordance with this section shall be deposited in the restricted receipts account established pursuant to section 42-108-7. DEL}

{ADD (f) Any fees collected in accordance with this section shall be deposited into the general fund. ADD}

{ADD 31-43-3.1. Special hearings based on good driving record. -- ADD} Any person who has had a motor vehicle operator's license for more than three (3) years; and who has been issued traffic violations which were their first violations within the preceding three (3) years, may request a hearing seeking a dismissal of the violation based upon the operator's good driving record.

At the time of the hearing, the administrative law judge shall review the operator's record, and if the judge is reasonably assured that the operator has not been issued any other traffic violation within the past three (3) years, may dismiss the violation based upon a good driving record, and, if applicable, order an appropriate refund.

No petition for refund shall be requested more than six (6) months after the date of the violation nor for any violation which was paid prior to the effective date of this act.

A parking ticket shall not constitute a prior violation.

The following violations shall not be dismissed pursuant to this statute:

(a) Any violation within the original jurisdiction of superior or district court;

(b) A refusal to submit to a chemical test of breath, blood or urine pursuant to Rhode Island general law section 31-27-2.1;

(c) Any violation involving a school bus;

(d) Any violation involving an accident where there has been property damage or personal injury;

(e) Any speeding violation in excess of nineteen (19) miles per hour above the posted speed limit.

Although the charge may be expunged from the operator's record, a dismissal pursuant to this statute shall be maintained on the operator's record for a period of three (3) years. After said period, upon request a violation may be expunged for an administrative fee of ten dollars ($10.00) per violation. All violations within chapter 31-27 which are in the jurisdiction of the division and after any applicable retention of record requirement period has expired, may upon request be deleted from the records of the division at a cost of one hundred dollars ($100) per violation. Such deletion shall be in addition to and not in place of any expungement provided for by chapter 12-1.3 of the general laws. All fees collected within this section shall be transferred to the {ADD general fund. ADD} {DEL following accounts: fifty percent (50%) of receipts into the general funds and fifty percent (50%) into the restricted receipts account established pursuant to section 42-108-7. DEL}

{ADD 31-43-4. Appellate review. -- ADD} (1) Appeals panels. The chief judge shall establish one or more appeals panels, each consisting of three (3) or judges of the court, and shall select a presiding judge for each appeals panel from the judges so appointed. The administrator/clerk shall also designate such other personnel of the court as may be necessary to assist an appeals panel in carrying out its functions.

(2) Right of appeal. Any person who is aggrieved by a determination of a judge may appeal such determination pursuant to the provisions of this section.

(3) Appeals panel. Each appeal filed pursuant to this section shall be reviewed by an appeals panel which shall make a determination of such appeal, and shall cause an appropriate order to be entered in the records of the court.

(4) Time limitations. No appeal shall be reviewed if it is filed more than ten (10) days after notice was given of the determination appealed from. Notice shall be complete upon mailing.

(5) Appeal procedures. Any person desiring to file an appeal from an adverse determination pursuant to this section, shall do so in a form and manner provided by the administrator/clerk. The transcript of any hearing which formed the basis for such determination will be reviewed only if it is submitted by the appellant. An appeal shall not be deemed to be finally submitted until the appellant has submitted all forms or documents required to be submitted by the administrator/clerk or by this section.

(6) Standard of review. The appeals panel shall not substitute its judgment for that of the judge as to the weight of the evidence on questions of fact. The appeals panel may affirm the decision of the judge, or it may remand the case for further proceedings or reverse or modify the decision if the substantial rights of the appellant have been prejudicial because the judge's findings, inferences, conclusions or decisions are:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the judge;

(c) Made upon unlawful procedure;

(d) Affected by other error of law;

(e) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(7) Transcript of hearings. Transcripts of the record of any hearing may be obtained at the cost of the court, if prepared by the court, or at rate specified in the contract between the court and the contractor, if prepared by a private contractor.

(8) Fees. The fee for filing an appeal shall be twenty-five ($25.00) dollars , and said fee shall be deposited into the {ADD general ADD} fund {DEL established pursuant to the provisions of section 9-29.1-1, and shall be used for the administrative adjudication court DEL} . No appeal shall be accepted unless the required fee has been paid.

(9) Stays pending appeal. Whenever a determination has not been made within thirty (30) days after an appeal has been finally submitted, a stay of execution will be deemed granted by operation of law, and the license, certificate, permit or privilege affected will be automatically restored pending final determination by the appeals panel.

(10) Certiorari. -- Any person who has exhausted all remedies available to him or her under the provisions of this section, including an appeal before the appeals panel, may seek review by petition for writ of certiorari to the supreme court.

{ADD 31-43-5. Fines and penalties -- Costs. -- ADD} An accounting of all penalties and costs collected pursuant to the provisions of this chapter shall be made to the department of administration in accordance with the rules and regulations adopted by said department. {ADD In the event of partial payment of fines or penalties, the court shall make a proportionate distribution of the funds actually received based upon the total fine levied. ADD}

SECTION 9. Section 42-108-7 of the General Laws in Chapter 42-108 entitled "Criminal/Juvenile Justice Information System" is hereby repealed.

{DEL 42-108-7. DEL} {DEL Restricted receipts account. -- DEL} {DEL The court administrator shall establish within the judicial budget, a restricted receipts account for the purpose of carrying out the provisions of this chapter. All funds appropriated by the general assembly to carry out the provisions of this chapter, all funds received by the committees pursuant to the provisions of sections 42-108-6 and 42-108-10 and all funds designated to be deposited in the account pursuant to this chapter or pursuant to section 45-2-33 where a specific amount is earmarked shall be deposited in said account and shall be expended by the committees pursuant to the exercise of their powers. The committees are authorized to request an advance of funds from the general fund of the state for the purpose of meeting equipment and software lease purchase payments during such periods of time as the account may be insufficient for any such purpose up to and including the state's fiscal year ending June 30, 1998 and, at the request of a committee, the director of the department of administration is authorized and empowered to make such advances; provided, however, that such advances shall be returned to the general fund as the director shall have specified and that the total amount of such advances outstanding and unreturned at any one time shall not exceed two million dollars ($2,000,000). DEL}

SECTION 10. Section 42-108-10 of the General Laws in Chapter 42-108 entitled "Criminal/Juvenile Justice Information Sytem" is hereby amended to read as follows:

{ADD 42-108-10. Power and scope of authority (ACIS). -- ADD} The committee shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter as set forth in section 42-108-2.1, including in addition to other powers herein granted, the following powers:

(1) To plan, develop and administer an automated civil information system;

(2) To develop and implement a system enabling attorneys and third parties to access court information to achieve an orderly and efficient civil, family and appellate judicial system. In order to carry out the provisions herein, the ACIS committee may establish certain fee structures and take action consistent with the power herein;

(3) To prepare requests for proposals, bid specifications and the like in order to carry out its powers and functions;

(4) To enter into contracts on behalf of the state in order to carry out its powers and functions {DEL ; DEL} {ADD . ADD}

{DEL (5) To receive funds from the account created in section 42-108-7. DEL}

SECTION 11. Section 44-20-13.3 of the General Laws in Chapter 44-20 entitled "Cigarette Tax", is hereby repealed in its entirety.

{DEL 44-20-13.3. DEL} {DEL Restricted receipt account for fees. -- DEL} {DEL The proceeds of any taxes collected pursuant to seection 44-20-13.2 shall be paid to a restricted receipt account, hereby created. DEL}

SECTION 12. Section 45-2-33 of the General Laws in Chapter 45-2 entitled "General Powers" is hereby amended to read as follows:

{ADD 45-2-33. Additional substance abuse prevention assessment. -- ADD} (a) Each city, town, or municipal court shall impose, in addition to all other assessments, a substance abuse prevention assessment of thirty dollars ($30.00) to be levied against those speeding violations enumerated within sections 31-41-4 and 31-43-5.1 or those violations of any city, town or municipal ordinance, the essential elements of which are the same or similar to the offenses listed in sections 31-41-4 and 31-43-5.1. The said imposed and collected additional assessment of thirty dollars ($30.00) shall be forwarded by the city, town or municipality to the office of substance abuse (OSA) in the executive department, state of Rhode Island, within ten (10) business days of the close of the city's, town's, or municipality's fiscal quarter. The office of substance abuse (OSA) in the executive department shall deposit twenty-five dollars ($25.00) of the said assessment into the account created pursuant to section 16-21.2-5 for the purposes of that account according to law and five dollars ($5.00) of the said assessment into the {DEL account created pursuant to section 42-108-7 for the purposes of that account according to law DEL} {ADD general fund ADD} .