It is enacted by the General Assembly as follows:

SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this act, the following general revenue amounts are hereby appropriated out of any money in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 1996. The amounts identified for federal funds and restricted receipts shall be made available pursuant to section 42-41 and 34-4-22 of the Rhode Island General Laws. For the purposes and functions hereinafter mentioned, and the state controller is hereby authorized and directed to draw his orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time receipt by her of properly authenticated vouchers.

SECTION 2. Money in the treasury as referred to and as appropriated as general revenues in Section 1 of this Article is defined to be the aggregate of estimated general revenue, general revenue receivables, other financing sources and available free surplus in the general fund, in the aggregate amount of $1,737,879,567.

SECTION 3. From the appropriation for contingency shall be paid such sums as may be required from 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 appropriation item or any part thereof appropriated for the support of any department of 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 provided 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. Appropriation for Temporary Disability Insurance Administration--There is hereby appropriated pursuant to Sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 1996.

SECTION 9. Appropriation of Unemployment Insurance and Training Funds. There is hereby appropriated pursuant to Section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 1995.

SECTION 10. Student tuition and Fees for Higher Education. -- For the fiscal year 1996 and in all years thereafter, the provisions of section 16-59-9(c) of the general laws entitled "Educational Budget and Appropriations" relating to tuition and fees increases shall be suspended.

The Board of Governors shall establish tuition rates for the academic year for the University of Rhode Island, Rhode Island College and the Community College of Rhode Island no later than thirty (30) days after the enactment of the state budget for each fiscal year. This Article shall not affect the provisions relating to the self-supporting status of the auxilliary enterprises.

SECTION 11. Appropriation of Higher Education Assistance Authority Loan Program Funds--There is hereby appropriated pursuant to Section 16-57-13 of the Rhode Island General Laws relating to the appropriation of funds by the General Assembly for the Rhode Island Higher Education Assistance Authority, and Section 16-57-8 of the General Laws relating to receipts from other sources other than appropriations, any funds received by the Rhode Island Higher Education Assistance Authority for the fiscal year ending June 30, 1996 payable out of the Higher Education Assistance Authority Loan Program. On the order of the director of administration, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

SECTION 12. Appropriation of Rhode Island Telecommunications Authority Funds--There is hereby appropriated pursuant to Section 16-61-3 of the Rhode Island General Laws relating to the appropriation of funds by the General Assembly for educational television, and section 16-61-6 of the General Laws relating to receipts from sources other than appropriations, any funds received by the Rhode Island Public Telecommunications authority for the fiscal year ending June 30, 1996 payable out of the Rhode Island Public Telecommunications Authority Fund. On the order of the director of administration, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

SECTION 13. Notwithstanding section 31-36-20 of the Rhode Island General Laws, the State Controller is hereby authorized to transfer from the Department of Elderly Affairs portion of gas tax receipts the sum of one hundred and fifty thousand dollars ($150,000) to the state general fund on both December 15, 1995 and June 15, 1996.

SECTION 14. Notwithstanding Section 31-36-20 of the Rhode Island General Laws, the State Controller is hereby authorized to transfer from the Department of Transportation portion of gas tax receipts the sum of two million dollars ($2,000,000) to the state general fund on June 30, 1996.

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

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

SECTION 16. This article shall take effect July 1, 1995.

SECTION 1. Included in the amounts appropriated within section 1 of article 1 of this act in one million nine hundred thousand two hundred sixty five dollars ($1,919,265) 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 eight thousand seven hundred twenty five dollars ($28,725) on the bonds of the Rhode Island Refunding Bond Authority coming due during the fiscal year ending June 30, 1996, 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, 1995.

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, 1994 {ADD 1995 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, 1994 {ADD 1995 ADD} shall be deemed to be for the periods ending prior to July 1, 1994 {ADD 1995 ADD} and net taxes received and/or refunded on or after August 1, 1994 {ADD 1995 ADD} shall be deemed to be for periods ending on July 1, 1994 {ADD 1995 ADD} and thereafter. The state controller shall establish an escrow account within the general fund to be known as the "depositor's protection account."

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

SECTION 3. This article shall take effect July 1, 1995.

SECTION 1. Section 21-28-3.18 of the General Laws in Chapter 21-28 entitled "Uniform Controlled Substances Act" is hereby amended to read as follows:

{ADD 21-28-3.18. Prescriptions. -- ADD} (a) An apothecary in good faith may sell and dispense controlled substances in schedule II to any person upon a written prescription, by a practitioner licensed by law to prescribe or administer such substances, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient to whom, or of the owner of the animal for which the substance is dispensed and the full name, address and registration number under the federal law of the person prescribing, if he or she is required by that law to be so registered. If the prescription is for an animal, it shall state the species of the animal for which the substance is prescribed.

(b) The apothecary filling the prescription shall sign his or her full name and shall write the date of filling on the face of the prescription.

(c) The prescription shall be retained on file by the proprietor of the pharmacy in which it was filled for a period of two (2) years so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter.

(d) Prescriptions for controlled substances in schedule II shall be filed separately and shall not be refilled. The form of record for prescription slips for controlled substances in schedule II shall consist of two (2) parts, an original and a duplicate which are required to be presented to the pharmacy by the ultimate user or his or her representative.

Pharmacies dispensing controlled substances in schedule II are required to deliver to the division of drug control all duplicate copies of such prescriptions on or before the fifth day of the month following the date of dispensing. The prescription slip shall be a form provided by the director of health

{ADD The director of health may, after appropriate notice and hearing pursuant to section 42-35-3, promulgate rules and regulations for the purpose of adopting a system for electronic data transmission of prescriptions for controlled substances in schedule II and III, and needles and syringes. Such a system, when operational, shall negate the necessity to utilize the two-part prescription described above. ADD}

(e) An apothecary, in lieu of a written prescription, may sell and dispense controlled substances in schedules III, IV, and V to any person, upon an oral prescription of a practitioner. In issuing an oral prescription the prescriber shall furnish the apothecary with the same information as is required by subsection (a) in the case of a written prescription for controlled substances in schedule II, except for the written signature of the person prescribing, and the apothecary who fills the prescription, shall immediately reduce the oral prescription to writing and shall inscribe the information on the written record of the prescription made. This record shall be filed and preserved by the proprietor of the pharmacy in which it is filled in accordance with the provisions of subsection (c). In no case may a prescription for a controlled substance listed in schedules III, IV, or V be filled or refilled more than six (6) months after the date on which the prescription was issued and no prescription shall be authorized to be refilled more than five (5) times. Each refilling shall be entered on the face or back of the prescription and note the date and amount of controlled substance dispensed, and the initials or identity of the dispensing apothecary.

(f) In the case of an emergency situation as defined in federal law, an apothecary may dispense a controlled substance listed in schedule II upon receiving an oral authorization of a prescribing practitioner provided that:

(1) The quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period and dispensing beyond the emergency period must be pursuant to a written prescription signed by the prescribing practitioner.

(2) The prescription shall be immediately reduced to writing and shall contain all the information required in subsection (a).

(3) The prescription must be dispensed in good faith in the normal course of professional practice.

(4) Within seventy-two (72) hours after authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing apothecary. The prescription shall have written on its face "Authorization for emergency dispensing" and the date of the oral order. The written prescription upon receipt by the apothecary shall be attached to the oral emergency prescription which had earlier been reduced to writing.

(g) The partial filling of a prescription for a controlled substance listed in schedule II is permissible, if the apothecary is unable to supply the full quantity called for in a written prescription or emergency oral prescription and he or she makes a notation of the quantity supplied on the face of the written prescription or oral emergency prescription which has been reduced to writing. The remaining portion of the prescription may be filled within seventy-two (72) hours of the first partial filling, however, if the remaining portion is not, or cannot be filled within seventy-two (72) hours, the apothecary shall notify the prescribing practitioner. No further quantity may be supplied beyond seventy-two (72) hours without a new prescription.

(h) Automated data processing systems. As an alternative to the prescription recordkeeping provision of subsection (e), an automated data processing system may be employed for the recordkeeping system, if the following conditions have been met:

(1) The system shall have the capability of producing sight-readable documents of all original and refilled prescription information. The term "sight-readable" means that an authorized agent shall be able to examine the record and read the information. During the course of an on-site inspection, the record may be read from the CRT, microfiche, microfilm, printout, or other method acceptable to the director. In the case of administrative proceedings, records must be provided in paper printout form.

(2) Such information shall include, but not be limited to, the prescription requirements and records of dispensing as indicated in subsection (e).

(3) The individual pharmacist responsible for completeness and accuracy of the entries to the system must provide documentation of the fact that prescription information entered into the computer is correct. In documenting this information, the pharmacy shall have the option to either:

(A) Maintain a bound log book, or separate file, in which each individual pharmacist involved in the dispensing shall sign a statement each day, attesting to the fact that the prescription information entered into the computer that day has been reviewed and is correct as shown. The book or file must be maintained at the pharmacy employing such a system for a period of at least two (2) years after the date of last dispensing; or

(B) Provide a printout of each day's prescription information. That printout shall be verified, dated, and signed by the individual pharmacist verifying that the information indicated is correct. The printout must be maintained at least two (2) years from the date of last dispensing.

(4) An auxillary recordkeeping system shall be established for the documentation of refills, if the automated data processing system is inoperative for any reason. The auxillary system shall ensure that all refills are authorized by the original prescription, and that the maximum number of refills is not exceeded. When this automated data processing system is restored to operation, the information regarding prescriptions filled and refilled during the inoperative period, shall be entered into the automated data processing system within ninety-six (96) hours.

(5) Any pharmacy using an automated data processing system must comply with all applicable state and federal laws and regulations.

(6) A pharmacy shall make arrangements with the supplier of data processing services or materials to ensure that the pharmacy continues to have adequate and complete prescription and dispensing records if the relationship with such supplier terminates for any reason. A pharmacy shall ensure continuity in the maintenance of records.

(7) The automated data processing system shall contain adequate safeguards for security of the records, to maintain the confidentiality and accuracy of the prescription information. Safeguards against unauthorized changes in data after the information has been entered and verified by the registered pharmacist shall be provided by the system.

(i) Prescriptions for controlled substances as found in schedules II, III, and IV of section 21-28-2.08 will become void unless dispensed within seven (7) days of the original date of the prescription. The prescriptions in schedules III, and IV cannot be written for more than one hundred (100) dosage units and not more than one hundred (100) dosage units may be dispensed at one time. For purposes of this section, a dosage unit shall be defined as a single capsule, tablet or suppository, or not more than one (1) teaspoon of an oral liquid.

(j) Prescriptions for controlled substances as found in schedule II may be written for up to a thirty (30) day supply, with a maximum of two hundred and fifty (250) dosage units, as determined by the prescriber's directions for use of the medication. In no event shall more than a thirty (30) days' supply, up to a maximum of two hundred and fifty (250) dosage units, be dispensed at one time.

SECTION 2. This article shall take effect upon passage.

SECTION 1. {ADD Extension of previous authorizations. -- ADD} The general assembly hereby extends the authority to issue the following general obligation bond authorizations in the amounts stated to the termination dates contained herein, pursuant to the provisions of section 35-8-25 of the general laws. Such original authorizations enacted by Public Law and approved by the people, remain unissued as of March 1, 1995 as follows:

PURPOSE	STATUTORY REFERENCE	UNISSUED AMOUNT TO BE EXTENDED	TERM. DATE
Land acquisition Industrial Develop	Ch. 157-P.L. of 1979	$999,925	June 30, 1997
Narr. Bay Water Quality Mgmt.	Ch. 342-P.L. of 1980	15,275,000	June 30, 1998
Children & Their Heritage Preservation	Ch. 344-P.L. of 1982 Ch. 419-P.L. of 1986	22,403 699,994	June 30, 1997 June 30, 1999
Underground Stor. Tank Replacement	Ch. 486-P.L. of 1985	601,964	June 30, 1999
Clean Water Act Environmental Trust Fund	Ch. 289-P.L. of 1986	3,721,500	June 30, 1999
Children and Their Families	Ch. 419-P.L. of 1986	223,875	June 30, 1997
Water Resources Environmental Management	Ch. 419-P.L. of 1986 Ch. 419-P.L. of 1986	2,600,000 17,456	June 30, 1997 June 30, 1997
Open Space	Ch. 425-P.L. of 1987	1,443,688	June 30, 1999
Water Resources	Ch. 417-P.L. of 1987	6,000,000	June 30, 1999
Mental Health, Retardation & Hospitals	Ch. 449-P.L. of 1988	2,152,500	June 30, 2000
Higher Education Facilities	Ch. 449-P.L. of 1988	1,552,180	June 30, 1996
Rhode Island Aqua Fund	Ch. 443-P.L. of 1988	2,590,343	June 30, 1999
Transportation	Ch. 449-P.L. of 1988	16,400,821	June 30, 1997
Residential Substance Abuse Facilities	Ch. 628-P.L. of 1988	460,000	June 30, 1998

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 2. {ADD Effective Date. -- ADD} This article shall take effect upon passage.

SECTION 1. For the fiscal year ending June 30, 1996, 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.

	R.I.G.L.	Compensation
Board/Commission Title	Reference	(per meeting)
Liquor Control	3-3-4	$25.00
Accountancy	5-3-4	30.00
Electricians	5-6-27	25.00
Engineers	5-8-5	25.00
Land Surveyors	5-8.1-6	25.00
Hairdressers, Cosmeticians & Manicurists	5-10-4	25.00
Pharmacy	5-19-5	500.00 yearly
Real Estate Appraisers	5-20.7-4	75.00
Real Estate Commission	5-20.5-12	25.00
Plumbing Examiners	5-20-7	25.00
Professional Regulation	5-26-5	20.00/40.00
Barber Examiners	5-27-3	25.00
Chiropractics	5-30-15	10.00
Examiners in Dentistry	5-31.1-2	100.00
Nursing	5-34-8	50.00
Health Services Council	23-17-14.2	50.00
Optometrists	5-35-3	30.00
Medical Licensure & Discipline	5-37-1.1	100.00
Hearing Aid Dealers & Fitters	5-49-15	25.00
Landscape Architects	5-51-2	25.00
Bd. of Governors for Higher Ed.	16-59-1	50.00/75.00
Bd. of Regents	16-60-1	75.00
Public Telecommunications Auth.	16-61-4	50.00/75.00
Legislative Oversight	22-14-1	50.00
Building Code Comm	23-27.3-108.2.2	50.00/75.00
Fire Appeal and Review	23-28.3-3	50.00/75.00
Pipefitters & Refrigeration Techs	28-27-3	25.00
Apprenticeship Training	28-45-2	45.00
Commission for Human Rights	28-5.1-1	50.00
Motor Dealers License	31-5-4	40.00
Medical Advisory -- Motor Vehicles	31-10-44	50.00
Investment	35-10-7	75.00
Ethics	36-14-8	100.00
Racing & Athletics	41-2-2	25.00
Pilotage	46-9.1-3	50.00
Water Resources Bd.	46-15-5	50.00/75.00
Blackstone Valley	46-21-5	50.00
Coastal Resources Mgt.	46-23-5	50.00/75.00
Narr. Bay Water Quality Dist.	46-25-8	50.00
Vehicle Value Commission	44-34-11	50.00

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, 1995.

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

{ADD 31-36-20. Disposition of proceeds. -- ADD} (a) 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 ($.03) per gallon of the tax imposed and accruing for the liability of each calendar quarter, pursuant to {ADD under ADD} the provisions of section 31-36-7, less refunds and credits, beginning with the tax reporting period for the return due October 20, 1983, and for every quarterly reporting period thereafter, shall be used for making appropriations for the financial support of {ADD transferred to ADD} the Rhode Island public transit authority as provided under section 39-18-21, and an amount equal to one cent ($.01) per gallon shall be used for making appropriation for the financial support of {ADD transferred to ADD} 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) to the general fund on December 31, 1993 and six hundred fifty thousand dollars ($650,000) on June 30, 1994, and ten {ADD nine ADD} cents ($.10) {ADD ($.09) ADD} per gallon shall be available for the general purposes of the state for the period beginning July 1, 1993 {ADD 1995 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. Section 35-4-11 of the General Laws in Chapter 35-4 entitled "State Funds" is hereby amended as follows:

{ADD 35-4-11. Intermodal surface transportation fund. -- ADD} State funds, whether appropriations or bond funds,allotted for department of transportation purposes, upon initiation by the budget officer and approved by the director of administration, may be transferred to a special fund called the intermodal surface transportation fund and shall be expended for the specific purposes for which they were made available. All sums received from the federal government for expenditure by the state for highway purposes , excluding highway safety program federal funds currently received by the governor's office of highway safety, shall be turned over to the general treasurer and placed in the fund for the specific purpose designated by the United States government. The fund shall be administered by the director of transportation, subject to the same state laws and fiscal procedures as the general funds of the state; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment out of the fund of such sums as may be required, from time to time, upon receipt by him or her of duly authenticated vouchers.

SECTION 3. This article shall take effect on July 1, 1995.

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) For the fiscal year beginning July 1, 1994, {ADD For the fiscal year beginning July 1, 1995, 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 July 1, 1995.

SECTION 1. Pursuant to the public laws, 1994, chapter 70, Article 32, 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, 1995 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, 1996: 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 July 1, 1996 {ADD 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, 1995. All acts of the state which were authorized by and performed in good faith and in reliance upon the effectiveness of Chapter 461 of the public laws, 1990, Chapter 133 of the public laws, 1992, Chapter 138 of the public laws, 1993, and Chapter 70 of the public laws, 1994, are hereby ratified and confirmed.

SECTION 1. 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} 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 the operator, the record of all convictions of the operator of any of the provisions of this title, and the record of all the operator's involvement in accidents required to be reported pursuant to the provisions of section 31-33-1. If the operator shall have no such record, the registrar shall so certify. The registrar shall collect for each certificate the sum of ten dollars ($10.00) {ADD sixteen dollars ($16.00) ADD} ; provided, however, that if the request for the 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 the certificate shall be furnished shall not make the certificate admissible as legal evidence in any legal proceeding or in any trial, whether criminal or civil.

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 2. This article shall take effect upon passage.

SECTION 1. There is hereby appropriated, out of any money in the treasury not otherwise appropriated, to be expended during the fiscal year ending June 30, 1995 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.

General Revenue
Lieutenant Governor	9,370
Board of Elections	715,228
Governor's Office	475,000
Personnel Appeal Board	2,342
Department of Children, Youth and Families
Mental Health Services	5,468,936
Juvenile Corrections	675,157
Child Welfare	9,224,680
Subtotal	$15,368,773
Department of Human Services
Economic and Social Services	523,452
Community Services	326,974
Management Services	274,875
Medical Benefits	10,850,525
Supplemental Security Income	92,037
General Public Assistance	289,536
Subtotal	$12,357,399
Mental Health, Retardation and Hospitals
Hospital and Community Client System	533,573
Developmental Disabilities	8,736,219
Mental Health Services	1,880,164
Hospitals and Community Rehabilitative Services	3,604,758
Subtotal	$14,754,714
Department of Substance Abuse
Operations Management	385,655
Commission on the Handicapped	70,902
Department of Library Services
Library Services & Resources Sharing	40,000
Public Library Construction	9,231
Subtotal	$49,231
Historical Preservation Commission	14,800
Department of Corrections
Central Management	53,284
Institutions/Operations	3,626,123
Rehabilitative Services	271,520
Subtotal	$3,950,927
Judicial
Supreme Court	289,391
Commission on Judicial Tenure & Discipline	68,219
Governor's Justice Commission	32,414
Municipal Police Training Academy	8,938
Fire Safety Code Commission	8,000
Rhode Island Emergency Management Agency	88,228
Sheriffs of the Several Counties	159,944
TOTAL	$48,809,475

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 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, 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.

Department of Employment and Training
Rhode Island Temporary Disability Insurance Fund	570,126
Tardy Fund	72,301
Total --	$642,427

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 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 restrictions, the following additional sums are hereby appropriated for said purpose for the fiscal year ending June 30, 1995 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.

Department of Employment and Training
Rhode Island Employment Security Fund	3,131,236
Job Development Fund	1,309,298
Tardy Fund	2,526,341
Interest Fund	969,335
Subtotal -- Employment and Training	7,936,210
Treasury Department
Rhode Island Employment Security Fund	16,308
Subtotal -- Treasurer's Office	16,308
Total -- Unemployment Insurance and Training Funds	$7,952,518

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 4. The Rhode Island Solid Waste Management Corporation shall pay to the State of Rhode Island the amount of $6,000,000 from funds available in the Corporation, which receipt shall be credited in the fiscal year 1995.

SECTION 5. Notwithstanding section 31-36-20 of the Rhode Island General Laws, the State Controller is hereby authorized to transfer from the Department of Elderly Affairs' portion of gas tax receipts the sum of two hundred thousand dollars ($200,000) to the State General Fund.

SECTION 6. Sections 1, 2 and 3 shall take effect upon passage. Section 4 and 5 shall take effect on June 30, 1995.

SECTION 1. {ADD Public Policy. -- ADD} To consolidate and more effectively implement the economic development goals of the state.

SECTION 2. Chapter 42-63 of the general laws entitled "Department of Economic Development" is hereby repealed in its entirety.

42-63-1. Establishment of department -- Director. -- There is hereby established within the executive branch of state government a department of economic development, hereinafter referred to in this chapter as the department. The department shall be headed by a director of economic development who shall be appointed by the governor with the advice and consent of the senate and shall serve at the pleasure of the governor.

42-63-2. Powers and scope of activities. -- (a) The department shall study, investigate, promote, and encourage the preservation, expansion, and sound development in the state of industry, business, commerce and tourism; it shall collect, compile, and disseminate information relative to the natural and economic resources of the state, including industry, business, commerce, agriculture, fisheries, and recreational facilities; it shall provide and encourage the location and development of new industry, business, commerce, agriculture, and recreational facilities in the state.

(d) The department shall provide such technical, administrative, and planning assistance to the port authority and the economic development corporation as said corporation shall request.

42-63-2.1. Transfer of powers. -- The omission in this chapter of a citation of any general law or public law now in force which makes it mandatory upon or permissive for any department, division, or other agency of the state to perform certain functions which by this chapter are assigned or transferred to the department of economic development shall not (unless otherwise clearly intended) suspend or annul the right of the department of economic development to carry out such functions.

42-63-3. Powers in encouragement of new business. -- (1) The department shall have the following powers:

(a) To investigate, study, and undertake ways and means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Rhode Island business, industry and commerce, within and outside the state;

(2) None of the powers or authority vested in the department by this section shall be in any way construed to include the exercise of any power whatsoever with relation to any port facilities owned, operated, or maintained by the city of Providence, except that any such power or authority may be exercised by the department with reference to port facilities owned, operated, or maintained by the city of Providence at the request and with the consent of the mayor of the city of Providence; nor shall any of the powers or authority vested in the department by this section be construed to include any of the power and authority relative to transportation facilities, owned, operated, or maintained by the state, which powers are vested exclusively in the department of transportation.

42-63-4. Organization of department. -- All functions, services, and duties of the department of economic development shall be organized by the director with the approval of the governor as to:

(c) Management services to include generally and specifically all central management, financial, and other services concerned with the business and servicing operations of the department.

42-63-5. Economic development council created -- Composition. -- (a) Within the department of economic development, there is hereby established an economic development council consisting of eleven (11) members, hereinafter referred to in this chapter as the council. The governor shall serve as a member of the council and as chairperson, ex officio (who shall vote only in the event of a tie). The membership of the council shall consist of seven (7) public members to be appointed by the governor with the advice and consent of the senate, two (2) members from the house of representatives to be appointed by the speaker of the house of representatives, one of whom shall be from the minority party, and one member from the senate who shall be appointed by the majority leader of the senate. Forthwith upon May 3, 1974, the governor shall appoint two (2) members of the council whose terms shall expire on the first day of February, 1975, and thereafter until the successor is appointed and qualified, two (2) members of the council whose terms shall expire on the first day of February 1976 and thereafter until their successors are appointed and qualified, two (2) members of the council whose terms shall expire on the first day of February 1977 and thereafter until their successors are appointed and qualified. The remaining public member shall be appointed on an interim basis by the governor when a project plan of the corporation situated on federal land is disapproved by the governing body of a municipality in accordance with subsection (a)(iv) of section 42-64-13. The member shall be the mayor of the municipality within whose borders all or a majority portion of the project plan, is to be carried out or in a municipality which has no mayor, the member shall be the president of the council.

(c) During the month of January 1975 and during the month of January annually thereafter, the governor shall appoint a member or members to succeed the member or members whose terms will then next expire to serve for a term of four (4) years commencing on the first day of February and then next following, and thereafter until the successors are appointed and qualified. The legislative members of the council shall serve as members thereof until the expiration of the balance of the legislative term which they are serving at the time of their appointment to the council, and thereafter until their successors are appointed to the council and have qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as an original appointment, but only for the remainder of the term of the former member. The members so appointed shall receive no compensation or salary but shall be reimbursed for actual travel expenses in the performance of their duties.

42-63-6. Duties of council. -- (a) The council shall investigate and study the economic condition of the state and the factors affecting it, such as the industrial structure, the labor force, the number of unemployed, the population and its age and geographic distribution, shifts in the defense program, technological and scientific developments, financial problems of the state and municipalities, and sensitivity of the state economy to domestic and foreign development;

(f) Recommend policies consistent with the intent and purpose of this chapter.

42-63-7. Meetings of council. -- (a) The council shall meet quarterly or more frequently as required to advise and consult with the director on such matters as the council may deem advisable. The council may request the preparation of appropriate study materials and supporting information from all sources as well as other state agencies and departments as it sees fit.

(b) All meetings shall be open to the public and all records shall be a matter of public record except that if a majority of said council decides that it would be in the best interest of the corporation and the state to hold an executive session in private, then the council is authorized to transact such business as it deems necessary at the closed meeting and the records of the meeting shall not become public record until the transaction discussed has in the opinion of the council been completed.

42-63-8. Facilities and personnel for council. -- The council shall be provided with suitable quarters and shall, upon request, from time to time, be provided with secretarial or other clerical assistance by the department.

42-63-9. Rules and regulations. -- The department is hereby authorized and empowered to present, adopt, promulgate, rescind, and enforce rules and regulations as may be required for the administration and enforcement of the provisions of this chapter.

42-63-10. Tourism promotion -- Policy. -- It is declared to be the policy of this state to promote the health, safety, morals, and general welfare of its inhabitants through the department by means of grants to be made to tourist promotion agencies which are or may be engaged in planning and promoting programs designed to stimulate and increase the volume of tourist visitor and vacation business within the cities or towns served by those agencies.

42-63-11. Definitions. -- (a) "Governing bodies" shall mean in any city or town, the body empowered to enact ordinances or to adopt resolutions for the governing of such city or town.

(b) "Tourist promotion agency" shall mean any nonprofit corporation, organization, association or agency which shall be designated by ordinance in cities or towns, as the agency authorized to make application to and receive grants from the development council for the purposes specified in this chapter. Any two (2) or more cities or towns may, by the procedures herein provided, designate a single tourist promotion agency to represent the communities for the purposes of this chapter.

42-63-12. Recognition of tourist promotion agencies. -- The department, upon receipt of certified copies of such ordinances or resolutions as may be necessary to satisfy it that a tourist promotion agency has been duly designated to act within a particular city or town, pursuant to section 42-63-11, shall recognize the tourist promotion agency as the sole agency within that city or town for the purposes of this chapter.

42-63-13. Application for and approval of grants to tourist promotion agencies. -- The department is hereby authorized to make grants to recognized tourist promotion agencies, to assist such agencies in the financing of their operational costs for the purpose of making studies, surveys, and investigations and in planning and carrying out of their promotional programs and projects; provided that before any such grant may be made:

(2) The department, after review of the application, if satisfied that the program of the tourist promotion agency appears to be in accord with the purpose of sections 42-63-10 -- 42-63-16, shall authorize the making of a matching grant to such tourist promotion agency equal to funds of the agency allocated by it to the program described in its application. No tourist promotion agency shall be eligible for more than one third (1/3) of the funds allocated by the department for the purposes set forth in this chapter and no tourist promotion agency shall be eligible for funds unless it expends at least five thousand dollars ($5,000) of its own funds for tourist promotion purposes. If fewer than three (3) tourist promotion agencies apply for the matching grant or fail to meet the requirements thereof by a date to be set by the director, the remaining funds shall revert to general revenue in the department to be expended by the director in such manner as to carry out the provisions of this section.

42-63-14. Payment of grants to tourist promotion agencies. -- Upon approval of each application and the making of a grant by the department in accordance therewith, the department shall give notice to the particular tourist promotion agency of the approval and grant, and shall direct the tourist promotion agency to proceed with its proposed promotion program as described in its application and to use therefor funds allocated by the tourist promotion agency for that purpose. Upon the furnishing of satisfactory evidence to the department on a quarterly basis that the particular tourist promotion agency has so proceeded, the grant allocated to the tourist promotion agency shall be paid over on such basis to the tourist promotion agency by the department.

42-63-15. Rules and regulations for tourist promotion. -- The department is directed to administer this tourist promotion program with such flexibility so as to bring about as effective and economical a tourist promotion program as possible. In order to effectuate and enforce the provisions of sections 42-63-10 -- 42-63-16, the department is authorized to promulgate necessary rules and regulations and prescribe procedures in order to assure compliance by tourist promotion agencies in carrying out the purposes for which grants may be made.

42-63-16. Funds for administration of tourist promotion. -- The department is authorized to use up to fifteen percent (15%) of the funds specifically appropriated for the purposes of sections 42-63-10 to 42-63-16, of this title, for administrative costs or expenses incurred in the administration of this tourist promotion program.

42-63-17. Appropriations and expenses. -- The general assembly shall annually appropriate such sums as it may deem necessary to carry out the provisions of this chapter; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much thereof as may be required from time to time, upon receipt by the controller of proper vouchers duly authenticated.

42-63-18. Change of names. -- Wherever in any general or public law the words "Rhode Island development council," or "council of economic advisors" shall appear, the same shall be deemed to refer to and mean the "department of economic development," and the "economic development council," respectively.

42-63-19. Transfer of powers and functions from department of economic development. -- There are hereby transferred to the department of administration:

(C) So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of economic development as are incidental to and necessary for the performance of the functions transferred by subdivisions (A) and (B) of this section.

42-63-20. Economic development activities account. -- There is hereby created an account within the department of economic development which is to be used solely for the deposit of monies from the Rhode Island Port Authority and Economic Development Corporation. Monies in such account are to be used to support the economic development activities of the department.

SECTION 3. {ADD Transfer of functions from the department of economic development. -- ADD} All functions formerly administered by the department of economic development are hereby transferred to the Rhode Island economic development corporation

SECTION 4. {ADD Transfer of functions from the governor's office of housing, energy, and intergovernmental relations. -- ADD} All functions formerly administered by the governor's office of housing, energy and intergovernmental relations in the executive department relating to community development block grants are hereby transferred to the {ADD Department of Administration, Division of Planning. ADD}

SECTION 5. Sections 42-6-1, 42-6-2, and 42-6-3 of the General Laws in Chapter 42-6 entitled "Departments of State Government" are hereby amended as follows:

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

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

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

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

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

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

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

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

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

(i) Department of economic development (chapter 63 of this title);

(j) {ADD (i) ADD} Department of elderly affairs (chapter 66 of this title);

(k) {ADD (j) ADD} Department of elementary and secondary education (chapter 60 of title 16);

(l) {ADD (k) ADD} Department of employment and training (chapter 19 of this title);

(m) {ADD (l) ADD} Department of environmental management (chapter 17.1 of this title);

(n) {ADD (m) ADD} Department of health (chapter 18 of this title);

(o) {ADD (n) ADD} Office of higher education (chapter 59 of title 16);

(p) {ADD (o) ADD} Department of labor (chapter 16 of this title);

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

(r) {ADD (q) ADD} Department of human services (chapter 12 of this title);

(s) {ADD (r) ADD} Department of state library services (chapter 13 of this title;

(t) {ADD (s) ADD} Department of transportation (chapter 3.1 of title 29);

(u) {ADD (t) ADD} Public utilities commission (chapter 14.3 of this title);

(v) {ADD (u) ADD} Department of substance abuse (chapter 7.1 of title 42).

{ADD 42-6-2. Heads of departments. -- ADD} The governor, secretary of state, attorney general and general treasurer, hereinafter called general officers, shall each be in charge of a department. There shall also be a director of administration, a director of human services, a director of mental health, retardation and hospitals, a director of transportation, a director of business regulation, a director of labor, a director of environmental management, a director of employment and training, a director of state library services, a director of economic development, a director for children youth, and families, a director of elderly affairs, and director of corrections. Each director shall hold office at the pleasure of the governor and he or she shall serve until his or her successor is duly appointed and qualified unless the director is removed from office by special order of the governor.

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

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

SECTION 6. Sections 42-63.1-2, 42-63.1-3, 42-63.1-5, and 42-63.1-10 of the General Laws in Chapter 42-63.1 entitled "Rhode Island Tourism and Development" are hereby amended as follows:

{ADD 42-63.1-2. Definitions. -- ADD} (1) "Department" means the department of economic development. {ADD "Corporation" means the Rhode Island economic development corporation. ADD}

(2) "Hotel" means any facility offering a minimum of three (3) rooms for which the public may, for a consideration, obtain transient lodging accommodations. The term "hotel" shall include hotels, motels, tourist homes, tourist camps, lodging houses, and inns and shall exclude schools, hospitals, sanitariums, nursing homes, and chronic care centers.

(3) "Consideration" means the monetary charge for the use of space devoted to transient lodging accommodations.

(4) "Occupancy" means a person, firm or corporation's use of space ordinarily used for transient lodging accommodations not to exceed thirty (30) days. Excluded from occupancy is the use of space for which the occupant has a written lease for the space, which lease covers a rental period of twelve (12) months or more.

(5) "District" means the regional tourism districts set forth in section 42-63.1-5

(6) "Tax" means the hotel tax imposed by section 44-18-36.1.

{ADD 42-63.1-3. Distribution of tax. -- ADD} The proceeds of the hotel tax shall be distributed as follows by the tax division and municipalities:

(a) Forty-seven percent (47%) of the tax generated by the hotels in the district shall be given to the regional tourism district wherein the hotel is located;

(b) Twenty percent (20%) of the hotel tax shall be given to city or town wherein the hotel which generates the tax is physically located to be used for whatever purpose the city or town decides;

(c) six percent (6%) of the hotel tax shall be deposited in the Roger Williams reserve fund established in section 42-63.1-6; and

(d) Twenty-seven percent (27%) of the hotel tax shall be given to the department of {ADD Rhode Island ADD} economic development {ADD corporation ADD} to be spent and applied for statewide tourism promotion and the other purposes of this chapter.

{ADD 42-63.1-5. Regional tourism districts. -- ADD} The state of Rhode Island is hereby divided into seven (7) regional tourism districts to be administered by the designated tourism council or the department of {ADD Rhode Island ADD} economic development {ADD corporation ADD} ;

(1) South County district which shall include Westerly, Charlestown, Narragansett, South Kingstown, North Kingstown, Hopkinton, Exeter, Richmond and West Greenwich to be administered by the South County Tourism Council, Inc.;

(2) Greater Providence district consists of the city of Providence to be administered by the Greater Providence convention and visitors' bureau;

(3) Northern Rhode Island district consists of Pawtucket, Woonsocket, Lincoln, Central Falls, Cumberland, North Smithfield, Smithfield, Glocester and Burrillville to be administered by the Blackstone Valley tourism council, inc.;

(4) Aquidneck Island district consists of Newport, Jamestown, Middletown, Portsmouth, Tiverton and Little Compton to be administered by the Newport County convention and visitors' bureau;

(5) Warwick region consists of the city of Warwick to be administered by the city of Warwick department of economic development;

(6) Block Island district which shall consist of the town of New Shoreham to be administered by New Shoreham tourism council, inc.

(7) Statewide district consists of all cities and towns not delineated in subdivisions (1) through (6) to be administered by the department {ADD economic development corporation ADD} .

(8) Before receiving any funds under this chapter, the organizations designated to receive the funds on behalf of the South County regional tourism district and the Northern Rhode Island regional tourism district shall be required to apply to and receive approval from the department of {ADD Rhode Island ADD} economic development {ADD corporation ADD} pursuant to guidelines promulgated by the department {ADD economic development corporation ADD} . The department {ADD corporation ADD} shall review the eligibility of the regional tourism district organizations to receive the funds at least annually.

{ADD 42-63.1-10. Review and reporting. -- ADD} (a) The department {ADD corporation ADD} shall at least once every five (5) years commencing in 1993 study the effectiveness of the tax in fulfilling the purposes set forth herein and report to the general assembly on its findings.

(b) The department {ADD corporation ADD} shall call upon the resources and assistance of other state agencies and the University of Rhode Island department of resource economics in the preparation of its report.

SECTION 7. Chapter 42-64 of the General Laws entitled "Rhode Island Port Authority and Economic Development Corporation is hereby amended by adding thereto the following sections:

{ADD 42-64-1.1. Change of name. -- ADD} {ADD (a) Whenever in any general or public law, reference is made to the "department of economic development" or the "Rhode Island port authority and economic development corporation", the same shall be deemed to refer to and mean the "Rhode Island economic development corporation", which may also be referred to as the "economic development corporation".

(b) Whenever in any general or public law, reference is made to the "director of the department of economic development" or the "executive director of the Rhode Island port authority and economic development corporation", the same shall be deemed to refer to and mean the "executive director of the Rhode Island economic development corporation".

(c) Whenever in any general or public law, reference is made to the "economic development council", the same shall be deemed to refer to and mean the "board of directors of the Rhode Island economic development corporation". ADD}

{ADD 42-64-7.5 Transfer of functions from the department of economic development. -- ADD} {ADD All functions formerly administered by the department of economic development are hereby transferred to the Rhode Island economic development corporation.

In addition to any of its other powers and responsibilities, the Rhode Island economic development corporation is authorized and empowered to accept any grants made available by the United States government or any agency thereof, and the corporation, with the approval of the governor, is authorized and empowered to perform such acts and enter into all necessary contracts and agreements with the United States of America or any agency thereof as may be necessary in such manner and degree as shall be deemed to be in the best interests of the state. The proceeds of such grants so received shall be paid to the general treasurer of the state and deposited in a separate fund to be used solely for the purposes of said grant or grants. ADD}

{ADD 42-64-7.6. Transfer of functions from the governor's office of intergovernmental relations. -- ADD} {ADD All functions formerly administered by the governor's office of intergovernmental relations in the executive department relating to community development block grants are hereby transferred to the Department of Administration, Division of Planning.

In addition to any of its other powers and responsibilities, the Rhode Island economic development corporation is authorized and empowered to accept any grants made available by the United States government or any agency thereof, and the corporation, with the approval of the governor, is authorized and empowered to perform such acts and enter into all necessary contracts and agreements with the United States of America or any agency thereof as may be necessary in such manner and degree as shall be deemed to be in the best interest of the state. The proceeds of such grants so received shall be aid to the general treasurer and deposited in a separate fund to be used solely for the purposes of said grant or grants. ADD}

{ADD 42-64-7.7 Grant of powers to the corporation. -- ADD} {ADD The corporation is hereby granted all of the powers necessary and convenient to perform the functions transferred to the corporation pursuant to sections 42-64-7.5 and 42-64-7.6. ADD}

{ADD 42-64-8.1. Appropriation and expenses. -- ADD} {ADD The general assembly shall annually appropriate such sums as it may deem necessary to carry out the provisions of this chapter; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much thereof as may be required from time to time, upon receipt by the controller of proper vouchers duly authenticated. ADD}

SECTION 8. Sections 42-64-1, 42-64-3, 42-64-4, 42-64-5, 42-64-6, 42-64-7, 42-64-7.1, 42-64-7.2, 42-64-7.3, 42-64-8, and 42-64-30 in chapter 42-64 of the general laws entitled "Rhode Island Port Authority and Economic Development Corporation" are hereby amended as follows:

{ADD 42-64-1. Short title. -- ADD} This chapter shall be known as " The Rhode Island Port Authority and Economic Development Corporation Act." {ADD The Rhode Island Economic Development Corporation Act". ADD}

{ADD 42-64-3. Definitions. -- ADD} As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning or intent:

(a) "Airport facility" means developments consisting of runways, hangars, control towers, ramps, wharves, bulkheads, buildings, structures, parking areas, improvements, facilities, or other real or personal property necessary, convenient, or desirable for the landing, taking off, accommodation, and servicing of aircraft of all types, operated by carriers engaged in the transportation of passengers or cargo, or for the loading, unloading, interchange, or transfer of the passengers or their baggage, or the cargo, or otherwise for the accommodation, use or convenience of the passengers or the carriers or their employees (including related facilities and accommodations at sites removed from landing fields and other landing areas), or for the landing, taking off, accommodation, and servicing of aircraft owned or operated by persons other than carriers. It shall also mean facilities providing access to an airport facility, consisting of rail, rapid transit, or other forms of mass transportation which furnish a connection between the air terminal and other points within the state, including appropriate mass transportation terminal facilities at and within the air terminal itself and suitable offsite facilities for the accommodation of air passengers, baggage, mail, express, freight, and other users of the connecting facility.

(b) "BOCA code" means the BOCA basic building code published by building officials & code administrators international, inc., as the same may from time to time be promulgated by the building officials & code administrators international, inc.

(c) "Bonds" and "notes" means the bonds, notes, securities, or other obligations or evidences of indebtedness issued by the corporation pursuant to this chapter, all of which shall be issued under the name of and known as obligations of the "port authority." {ADD "economic development corporation." ADD}

(d) "Civic facility" means any real or personal property designed and intended for the purpose of providing facilities for educational, cultural, community, or other civic purposes.

(e) "Corporation," "port authority", or "authority" means the governmental agency and public instrumentality {ADD , formerly known as the "Rhode Island port authority and economic development corporation" and renamed the "Rhode Island economic development corporation", ADD} authorized, created, and established pursuant to section 42-64-4, or any subsidiary corporation thereof which is established pursuant to section 42-64-7.1.

(f) "Department of economic development" means the department established pursuant to chapter 63 of title 42.

(g) {ADD (f) ADD} "Director" means the {ADD executive ADD} director of the department of economic development {ADD corporation ADD} .

(h) "Economic development council" means the advisory board to the department of economic development established pursuant to chapter 63 of title 42.

(i) {ADD (g) ADD} "Federal land" means real property within the state, now acquired or hereafter acquired by the corporation which was formerly owned by the United States government, or any agency or instrumentality thereof, including without limiting the generality of the foregoing, any and all real property now or formerly owned or used by the United States government in the towns of North Kingstown, Portsmouth, Middletown, and Charlestown and the city of Newport as military installations or for other purposes related to the national defense. Without limiting the generality of the foregoing, federal land shall also mean and include certain land in the town of North Kingstown, or any portion thereof, which has or shall revert to the state pursuant to the provisions of Public Laws 1939, chapter 696 and is now or hereafter acquired by the corporation from the state.

(j) {ADD (h) ADD} "Industrial facility" means any real or personal property, the demolition, removal, relocation, acquisition, expansion, modification, alteration or improvement of existing buildings, structures, or facilities, the construction of new buildings, structures, or facilities, the replacement, acquisition, modification, or renovation of existing machinery and equipment, or the acquisition of new machinery and equipment, or any combination thereof, which shall be suitable for manufacturing, research, production, processing, agriculture, and marine commerce, or warehousing; or convention centers, trade centers, exhibition centers, or offices (including offices for the government of the United States or any agency, department, board, bureau, corporation, or other instrumentality thereof, or for the state or any state agency, or for any municipality); or facilities for other industrial, commercial or business purposes of every type and description; and facilities appurtenant or incidental to the foregoing, including headquarters or office facilities, whether or not at the location of the remainder of the facility, warehouses, distribution centers, access roads, sidewalks, utilities, railway sidings, trucking, and similar facilities, parking areas, waterways, dockage, wharfage and other improvements necessary or convenient for the construction, development, maintenance, and operation of any such facilities.

(k) {ADD (i) ADD} "Local governing body" means any town or city council, commission, or other elective governing body now or hereafter vested by state statute, charter, or other law, with jurisdiction to initiate and adopt local ordinances, whether or not these local ordinances require the approval of the elected or appointed chief executive officer or other official or body to become effective.

(l) {ADD (j) ADD} "Local redevelopment corporation" means any agency or corporation created and existing pursuant to the provisions of chapter 31 of title 45.

(m) {ADD (k) ADD} "Municipality" means any city or town within the state now existing or hereafter created, or any state agency.

(n) {ADD (l) ADD} "Personal property" means all tangible personal property, new or used, including without limiting the generality of the foregoing, all machinery, equipment, transportation equipment, ships, aircraft, railroad rolling stock, locomotives, pipelines, and all other things and rights usually included within that term. Personal property shall also mean and include any and all interests in the property which are less than full title, such as leasehold interests, security interests, and every other interest or right, legal or equitable.

(o) {ADD (m) ADD} "Pollution" means the discharge of any gaseous, liquid, or solid substance or combination thereof (including noise) into the air, water or land which affects the physical, chemical, or biological properties (including temperature) of the air, water, or land in a manner or to an extent which renders or is likely to render such air, water, or land harmful or inimical to the public health, safety, or welfare, or to animal, bird, or aquatic life, or to the use of such air or water for domestic, industrial, or agricultural purposes or recreation.

(p) {ADD (n) ADD} "Pollution control facility" means any land or interest in land, the demolition, removal, relocation, acquisition, expansion, modification, alteration, or improvement of existing buildings, structures, or facilities, the construction of new buildings, structures, or facilities, the replacement, modification, or renovation of existing machinery and equipment, or the acquisition of new machinery and equipment, or any combination thereof, having to do with or the purpose of which is the abatement, control, or prevention of pollution, including industrial pollution, and all real and personal property incidental to that facility.

(q) {ADD (o) ADD} "Port facility" means harbors, ports, and all real and personal property used in connection therewith, including, but not limited to waterways, channels, wharves, docks, yards, bulkheads, slips, basins, pipelines, ships, boats, railroads, trucks, and other motor vehicles, aircraft, parking areas, shipyards, piers, quays, elevators, compressors, loading and unloading facilities, storage facilities, and warehouses of every type, buildings and facilities used in the manufacturing, processing, assembling, storing, or handling of any produce or products, other structures and facilities necessary for the convenient use of the harbors and seaports, including dredged approaches, railways, railroad terminals, side tracks, airports, roads, highways, tunnels, viaducts, bridges, and other approaches, useful in connection therewith, and any other shipping or transportation facility useful in the operation of a port or harbor.

(r) {ADD (p) ADD} "Project" or "port project" means the acquisition, ownership, operation, construction, reconstruction, rehabilitation, improvement, development, sale, lease, or other disposition of, or the provision of financing for, any real or personal property (by whomever owned) or any interests therein, including without limiting the generality of the foregoing, any port facility, recreational facility, industrial facility, airport facility, pollution control facility, utility facility, solid waste disposal facility, civic facility, residential facility, water supply facility, or any other facility, or any combination of two (2) or more of the foregoing, or any other activity undertaken by the corporation.

(s) {ADD (q) ADD} "Project cost" means the sum total of all costs incurred by the corporation in carrying out all works and undertakings which the corporation deems reasonable and necessary for the development of a project. These shall include but are not necessarily limited to, the costs of all necessary studies, surveys, plans, and specifications, architectural, engineering, or other special services, acquisition of land and any buildings thereon, site preparation and development, construction, reconstruction, rehabilitation, improvement, and the acquisition of such machinery and equipment or other personal property as may be deemed necessary in connection therewith (other than raw materials, work in process, or stock in trade); the necessary expenses incurred in connection with the initial occupancy of the project; an allocable portion of the administrative and operating expenses of the corporation; the cost of financing the project, including interest on all bonds and notes issued by the corporation to finance the project from the date thereof to one year from the date when the corporation shall deem the project substantially occupied; and the cost of such other items, including any indemnity or surety bonds and premiums on insurance, legal fees, real estate brokers and agent fees, fees and expenses of trustees, depositories, and paying agent for bonds and notes issued by the corporation, including reimbursement to any project user for such expenditures as may be allowed by the corporation (as would be costs of the project hereunder had they been made directly by the corporation), and relocation costs, all as the corporation shall deem necessary.

(t) {ADD (r) ADD} "Project user" means the person, company, corporation, partnership, or commercial entity, municipality, state, or United States of America who shall be the user of or beneficiary of a port project.

(u) {ADD (s) ADD} "Real property" means lands, structures (new or used), franchises, and interests in land, including lands under water, and riparian rights, space rights, and air rights, and all other things and rights usually included within the term. Real property shall also mean and include any and all interests in such property less than fee simple, such as easements, incorporeal hereditaments, and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise, and also all claims for damages to that real property.

(v) {ADD (t) ADD} "Recreational facility" means any building, development, or improvement, provided that building, facility, development, or improvement is designed in whole or in part to attract tourists to the state or to provide essential overnight accommodations to transients visiting this state, including without limiting in any way the generality of the foregoing, marinas, beaches, bathing facilities, ski facilities, convention facilities, hotels, motels, golf courses, camp grounds, arenas, theatres, lodges, guest cottages, and all types of real or personal property related thereto as may be determined from time to time by the corporation.

(w) {ADD (u) ADD} "Revenues" means (1) with respect to any project, the rents, fees, tolls, charges, installment payments, repayments, and other income or profit derived from a project or a combination of projects pursuant to any lease, conditional sales contract, installment sales contract, loan agreement, or other contract or agreement, or any combination thereof and (2) any receipts, fees, payments, moneys, revenues or other payments received or to be received by the corporation in the exercise of its corporate powers under this chapter, including without limitation loan repayments, grants, aid, appropriations and other assistance for the state, the United States or any corporation, department or instrumentality of either or of a political subdivision thereof, bond proceeds, investment earnings, insurance proceeds, amounts in reserves and other funds and accounts established by or pursuant to this chapter or in connection with the issuance of bonds, and any other taxes, assessments, fees, charges, awards or other income or amounts received or receivable by the corporation.

(x) {ADD (v) ADD} "Rule or regulation" means any directive promulgated by the corporation not inconsistent with the laws of the United States or the state, for the improvement of navigation and commerce or other project purposes and shall include, but not be limited to, charges, tolls, rates, rentals, and security provisions fixed or established by the corporation.

(y) {ADD (w) ADD} "Solid waste" means garbage, refuse, and other discarded materials, including, but not limited to, solid waste materials resulting from industrial, recreational, utility, and commercial enterprises, hotels, apartments, or any other public building or private building, or agricultural, or residential activities.

(z) {ADD (x) ADD} "Solid waste disposal facility" means any real or personal property, related to or incidental to any project, which is designed or intended or designated for the purpose of treating, compacting, composting, or disposing of solid waste materials, including treatment, compacting, composting, or disposal plants, site and equipment furnishings thereof, and their appurtenances.

(aa) {ADD (y) ADD} "State" means the state of Rhode Island and Providence Plantations.

(bb) {ADD (z) ADD} "State agency" means any office, department, board, commission, bureau, division, authority, or public corporation, agency or instrumentality of the state.

(cc) {ADD (aa) ADD} "State guide plan" means the plan adopted pursuant to section 42-11-10, which establishes the statewide planning program.

(dd) {ADD (bb) ADD} "Utility facility" means any real or personal property designed, intended or utilized for generating, manufacturing, producing, storing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, steam, electrical, or nuclear energy, heat, light, or power directly or indirectly to or for any project, project user or for the public, the collection and disposal of storm and sanitary sewage; any railroads necessary or desirable for the free flow of commerce to and from projects; any roads, highways, bridges, tunnels, viaducts, or other crossings necessary or desirable for the free flow of commerce to and from projects, and any public transportation systems or facilities, including but not limited to bus, truck, ferry, and railroad terminals, depots, tracked vehicles, and other rolling stock and ferries; and any appurtenances, equipment and machinery or other personal property necessary or desirable for the utilization thereof.

(ee) {ADD (cc) ADD} "Water supply facility" means any real or personal property, or any combination thereof related to or incidental to any project, designed, intended, or utilized for the furnishing of water for domestic, industrial, irrigation, or other purposes and including artesian wells, reservoirs, dams, related equipment, and pipelines, and other facilities.

(ff) {ADD (dd) ADD} "Parent corporation" means when used in connection with a subsidiary corporation established pursuant to section 42-64-7.1 hereof, the governmental agency and public instrumentality, created and established pursuant to section 42-64-4 hereof.

{ADD 42-64-4. Creation. -- ADD} (a) There is hereby authorized, created, and established a public corporation of the state having a distinct legal existence from the state and not constituting a department of state government, which is a governmental agency and public instrumentality of the state, to be known as the "Rhode Island port authority and economic development corporation," {ADD Rhode Island economic development corporation", and which may be referred to as the "economic development corporation", ADD} with such powers as are set forth in this chapter, for the purposes of acquiring and developing real and personal property {ADD , ADD} and to provide {ADD providing ADD} financing to others as hereinafter set forth, {ADD and promoting and encouraging the preservation, expansion and sound development of new and existing industry, business, commerce, agriculture, tourism, and recreational facilities, ADD} promoting thereby the economic development of the state and the general welfare of its citizens.

(b) The exercise by the corporation of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the state for public purposes. It is the intent of the general assembly by the passage of this chapter to vest in the corporation all powers, authority, rights, privileges, and titles which may be necessary to enable it to accomplish the purposes herein set forth, and this chapter and the powers granted hereby shall be liberally construed in conformity with those purposes.

(c) The corporation and its corporate existence shall continue until terminated by law or until the corporation shall cease entirely and continuously to conduct or be involved in any business whatsoever in furtherance of its purposes, provided, that no termination shall take effect, so long as the corporation shall have bonds, notes, or other obligations outstanding, unless adequate provision shall have been made for the payment thereof pursuant to the documents securing the obligations or to the terminating law. Upon termination of the existence of the corporation, all its rights and properties shall pass to and be vested in the state. At no time shall the assets or other property of the corporation inure to the benefit of any person or other corporation or entity.

{ADD 42-64-5. Purposes. -- ADD} The corporation is authorized, created, and established for the following purposes:

(a) With respect to federal land or land related thereto, to undertake any port project; and

(b) With respect to real property other than federal land or land related thereto, to undertake any port project, except a residential facility . {ADD ; and ADD}

{ADD (c) To promote and encourage the preservation, expansion, and sound development of new and existing industry, business, commerce, agriculture, tourism, and recreational facilities in the state, promoting thereby the economic development of the state and the general welfare of its citizens. ADD}

{ADD 42-64-6. General powers. -- ADD} Except to the extent inconsistent with any specific provision of this chapter, the corporation shall have power:

(a) To sue and be sued, complain and defend, in its corporate name.

(b) To have a seal which may be altered at pleasure and to use the seal by causing it, or a facsimile thereof, to be impressed or affixed, or in any other manner reproduced.

(c) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with, real or personal property, or any interest therein, wherever situated.

(d) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets for such consideration and upon such terms and conditions as the corporation shall determine.

(e) To make contracts and guarantees and incur liabilities, borrow money at such rates of interest as the corporation may determine.

(f) To make and execute agreements of lease, conditional sales contracts, installment sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other contracts and instruments necessary or convenient in the exercise of the powers and functions of the corporation granted by this chapter.

(g) To lend money for its purposes, invest and reinvest its funds, and at its option to take and hold real and personal property as security for the payment of funds so loaned or invested.

(h) To acquire or contract to acquire, from any person, firm, corporation, municipality, the federal government or the state, or any agency of either the federal government, or state, by grant, purchase, lease, gift, condemnation, or otherwise, or to obtain options for the acquisition of any property, real or personal, improved or unimproved, and interests in land less than the fee thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose or encumber that property for the purposes of carrying out the provisions and intent of this chapter, for such consideration as the corporation shall determine.

(i) To conduct its activities, carry on its operations, and have offices and exercise the powers granted by this chapter, within or without the state.

(j) To elect or appoint officers and agents of the corporation, and define their duties and fix their compensation.

(k) To make and alter by-laws, not inconsistent with this chapter, for the administration and regulation of the affairs of the corporation, and those by-laws may contain provisions indemnifying any person who is or was a director, officer, employee, or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, in the manner and to the extent provided in section 7-1.1-4.1 of the Business Corporation Act.

(l) To be a promoter, partner, member, associate, or manager of any partnership, enterprise, or venture.

(m) To have and exercise all powers necessary or convenient to effect its purposes . {ADD ; provided, however, that the corporation shall not have any power to create, empower or otherwise establish any corporation, subsidiary corporation, corporate body, any form of partnership, or any other separate entity without the express approval and authorization of the general assembly. ADD}

{ADD Express approval and authorization of the general assembly shall be deemed to have been given for all legal purposes upon the effective date of this act for the creation and lawful management of a subsidiary corporation created for the management of the Quonset Point/Davisville Industrial Park, such subsidiary corporation being managed by a board of directors, the members of which shall be constituted as follows (i) two (2) members who shall be appointed by the town council of the town of North Kingstown; (ii) two (2) members who shall be residents of the town of North Kingstown appointed by the governor; (iii) four (4) members who shall be appointed by the governor; (iv) the chairman, who shall be the executive director of the economic development corporation; and (v) non-voting members who shall be the members of the general assembly whose districts are comprised in any part by areas located within the town of North Providence. ADD}

{ADD 42-64-7. Additional general powers. -- ADD} In addition to the powers hereinbefore enumerated, except to the extent inconsistent with any specific provision of this chapter, the corporation shall have power:

(a) To undertake the planning, development, construction, financing, management, operation of any project, and all activities in relation thereto.

(b) To sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber any port project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or to grant options for any purposes with respect to any real or personal property or interest therein, all of the foregoing for such consideration as the corporation shall determine. Any lease by the corporation to another party may be for such part of the corporation's property, real or personal, for such period, upon such terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for such consideration, at or after the retirement of all indebtedness incurred by the corporation on account thereof, as the corporation shall determine.

Without limiting the generality of the foregoing, the corporation is expressly empowered to lease or sell any part of the real or personal property owned or controlled by the corporation to the state, or any department thereof or to any municipality. The provisions of this section or of any other laws of this state (other than this chapter) restricting the power of the state, its departments or any municipality, to lease or sell property, or requiring or prescribing publication of notice of intention to lease or sell, advertising for bids, the terms of contracts of lease or sale, that would in any manner interfere with the purpose of this section which is to provide for the mutual cooperation by and between the corporation and the state, its departments or any municipality, to the fullest extent possible, are not applicable to leases and sales made pursuant to this section.

(c) To prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates.

(d) To manage any project, whether then owned or leased by the corporation, and to enter into agreements with the state or any municipality or any agency or instrumentality thereof, or with any person, firm, partnership, or corporation, either public or private, for the purpose of causing any project to be managed.

(e) To provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, firm, partnership, or corporation, whether the same be public or private, in order to carry out the purposes of this chapter.

(f) Subject to the provisions of any contract with note holders or bond holders to consent to the modification, with respect to rate of interest, time of payments of any installment of principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the corporation is a party.

(g) In connection with any property on which it has made a mortgage loan, to foreclose on that property or commence an action to protect or enforce any right conferred upon it by law, mortgage, contract, or other agreement and to bid for and purchase the property at any foreclosure or any other sale, or to acquire or take possession of the property; and in that event the corporation may complete, administer, pay the principal of, or interest on any obligations incurred in connection with such property, dispose of, and otherwise deal with such property in a manner as may be necessary or desirable to protect the interest of the corporation therein.

(h) As security for the payment of principal and interest on any bonds or notes or any agreements made in connection therewith, to mortgage and pledge any or all of its projects and property, whether then owned or thereafter acquired, and to pledge the revenues and receipts from all or part thereof, and to assign or pledge the leases, sales contracts or loan agreements or other agreements on any portion or all of its projects and property and to assign or pledge the income received by virtue of the lease, sales contracts, loan agreements or other agreements.

(i) To invest any funds of the corporation including funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement at the discretion of the corporation, in (1) obligations of the state or the United States, (2) obligations of the principal and interest of which are guaranteed by the state or the United States, (3) obligations of agencies and instrumentalities of the state or the United States or (4) certificates of deposits of banks and trust companies or shares of building-loan associations organized under the laws of the state or doing business in the state or (5) such obligations, securities, and other investments as shall be specified in resolutions of the corporation.

(j) To engage the services of consultants on a contract basis for rendering professional and technical assistance and advice, and to employ architects, engineers, attorneys, accountants, construction, and financial experts and such other advisors, consultants, and agents as may be necessary in his judgment, and to fix their compensation.

(k) To contract for and to accept any gifts or grants or loans or funds or property or financial or other assistance in any form from the United States or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source and to comply, subject to the provisions of this chapter, with the terms and conditions thereof.

(l) To enter into agreements to pay annual sums in lieu of taxes to any municipality or political subdivision of the state in respect to any real property which is owned by the corporation and is located in the municipality or political subdivision.

(m) To borrow money and to issue negotiable bonds and notes, and to provide for the rights of the holders thereof, for the purpose of providing funds to pay all or any part of the cost of any port project or for the purpose of refunding any bonds theretofore issued.

(n) To construct, acquire, own, repair, develop, operate, maintain, extend, and improve, rehabilitate, renovate, furnish, and equip one or more port projects and to pay all or any part of the costs thereof from the proceeds of bonds of the corporation or from any contribution, gift, or donation or other funds made available to the corporation for those purposes.

(o) To fix, charge and collect rents, fees, tolls, and charges for the use of any port project and to alter and investigate rates, and practices of charging, which affect port projects so as to increase commerce in the state.

(p) To prescribe rules and regulations deemed necessary or desirable to carry out the purposes of this chapter including rules and regulations to insure maximum use and proper operation of port projects.

(q) To establish penalties for violations of any order, rule, or regulation of the corporation, and a method of enforcing the same.

(r) To develop, maintain, and operate foreign trade zones under such terms and conditions as may be prescribed by law.

(s) To create subsidiaries as provided in section 42-64-7.1.

{ADD 42-64-7.1. Subsidiaries. -- ADD} (a) The parent corporation shall have the right to exercise and perform its powers and functions, or any of them, through one or more subsidiary corporations . {ADD whose creation shall be approved and authorized by the general assembly. ADD}

{ADD Express approval and authorization of the general assembly shall be deemed to have been given for all legal purposes upon the effective date of this act for the creation and lawful management of a subsidiary corporation created for the management of the Quonset Point/Davisville Industrial Park, such subsidiary corporation being managed by a board of directors, the members of which shall be constituted as follows (i) two (2) members who shall be appointed by the town council of the town of North Kingstown; (ii) two (2) members who shall be residents of the town of North Kingstown appointed by the governor; (iii) four (4) members who shall be appointed by the governor; (iv) the chairman, who shall be the executive director of the economic development corporation; and (v) non-voting members who shall be the members of the general assembly whose districts are comprised in any part by areas located within the town of North Providence. ADD}

{ADD Upon receipt of such approval and authorization from the general assembly, the ADD} The parent corporation by resolution of the board of directors may direct any of its directors, officers, or employees to create subsidiary corporations pursuant to chapters 1.1 or 6 of title 7 or in the manner described in subsection (b) . {ADD ; provided, that the parent corporation shall not have any power or authority to create, empower or otherwise establish any corporation, subsidiary corporation, corporate body or any form of partnership or any other separate entity, without the express approval and authorization of the general assembly. ADD}

(b) As used herein, "subsidiary public corporation" means a corporation created pursuant to the provisions hereof. The person or persons directed by the resolution hereinbefore referred to in subsection (a) shall prepare articles of incorporation setting forth: (i) the name of the subsidiary public corporation; (ii) the period of duration, which may be perpetual; (iii) the purpose or purposes for which the subsidiary public corporation is organized which shall not be more extensive than the purposes of the corporation set forth in section 42-64-5; (iv) the number of directors (which may, but need not be, more than one) constituting the initial board of directors and their names and business or residence addresses; (v) the name and business or residence address of the person preparing the articles of incorporation; (vi) the date when corporate existence shall begin (which shall not be earlier than the filing of the articles of incorporation with the secretary of state as hereinafter provided); (vii) any provision, not inconsistent with law, which the board of directors elect to set forth in the articles of incorporation for the regulation of the internal affairs of the subsidiary public corporation; and (viii) a reference to {ADD the form of authorization and approval by the general assembly and to ADD} the resolution of the board of directors authorizing the preparation of the articles of incorporation. Duplicate originals of the articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds that the articles of incorporation conform to the provisions of this subsection, the secretary shall endorse on each of duplicate originals the word "Filed," and the month, day and year of the filing thereof; file one of the duplicate originals in his or her office; and a certificate of incorporation to which the secretary shall affix the other duplicate original. No filing fees shall be payable upon the filing of articles of incorporation. Upon the issuance of the certificate of incorporation or upon a later date specified in the articles of incorporation, the corporate existence shall begin and the certificate of incorporation shall be conclusive evidence that all conditions precedent required to be performed have been complied with and that the subsidiary public corporation has been duly and validly incorporated under the provisions hereof. The parent corporation may transfer to any subsidiary public corporation so created any moneys, real, personal, or mixed property or any project in order to carry out the purposes of this chapter. Each subsidiary public corporation shall have all the powers, privileges, rights, immunities, tax exemptions, and other exemptions of the parent corporation except to the extent that the articles of incorporation of the subsidiary public corporation shall contain an express limitation thereof and except that the subsidiary public corporation shall not have the condemnation power contained in section 42-64-9 nor shall it have the powers contained in, or otherwise be subject to the provisions of section 42-64-12 and section 42-64-13 (a) {ADD nor shall it have the power to create, empower or otherwise establish any corporation, subsidiary corporation, corporate body, any form of partnership, or any other separate entity, without the express approval and authorization of the general assembly ADD} .

(c) Any subsidiary corporation shall not be subject to the provisions of section 42-64-8 (a), (c), and (d), except as otherwise provided in the articles of incorporation of the subsidiary corporation.

{ADD 42-64-7.2. Amendment of the articles of incorporation of a subsidiary public corporation. -- ADD} (a) A subsidiary public corporation may amend its articles of incorporation, from time to time, {ADD only with the express approval and authorization of the general assembly. ADD} in any and as many respects as may be desired, so long as its articles of incorporation as amended contain only such provisions as might be lawfully contained in original articles of incorporation at the time of making that amendment. In particular, and without limitation upon the general power of amendment, a subsidiary public corporation may amend its articles of incorporation, from time to time so as: (i) to change its corporate name; (ii) to change its period of duration; and (iii) to change, enlarge, or diminish its corporate purposes.

{ADD (b) Upon receipt of approval and authorization of the general assembly, pursuant to subsection (a) herein, ADD}

(b) A {ADD a ADD} mendments to the articles of incorporation of a subsidiary public corporation shall be made by the adoption of a resolution by the board of directors of the parent corporation setting forth the amendment. The resolution may incorporate the amendment in restated articles of incorporation which contain a statement that except for the designated amendment the restated articles of incorporation correctly set forth without change the corresponding provisions of the articles of incorporation as theretofore amended, and that the restated articles of incorporation together with the designated amendment supersede the original articles of incorporation and all amendments thereto.

(c) The articles of amendment shall be executed in duplicate by the subsidiary public corporation by its president or a vice president and by its secretary or an assistant secretary, and shall set forth: (i) the name of the corporation; (ii) the amendment so adopted; (iii) {ADD the date of the approval and authorization from the general assembly and ADD} the date of the adoption of the amendment by the board of directors of the parent corporation; and (iv) if, pursuant to subsection (e) hereof, the amendment is to become effective at a time subsequent to the issuance of the certificate of amendment by the secretary of state, the date when the amendment is to become effective.

(d) Duplicate originals of the articles of amendment shall be delivered to the secretary of state. If the secretary of state finds that the articles of amendment conform to law, the secretary shall: (i) endorse on each such duplicate original the word "Filed," and the month, day, and year of the filing thereof; (ii) file one of these duplicate originals in his or her office; and (iii) issue a certificate of amendment to which the secretary shall affix the other duplicate original. The certificate of amendment, together with the duplicate original of the articles of amendment affixed thereto by the secretary of state shall be returned to the subsidiary public corporation or its representative.

(e)(i) Upon the issuance of the certificate of amendment by the secretary of state or upon such later date, not more than thirty (30) days after the filing of the articles of amendment, as may be set forth in such articles, the amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly.

(ii) No amendment shall affect any existing cause of action in favor of or against the subsidiary public corporation, or any pending suit to which the subsidiary public corporation shall be a party, or the existing rights of any persons and, in the event the corporate name shall be changed by amendment, no suit brought by or against the corporation under its former name shall abate for that reason.

(f)(i) A subsidiary public corporation may at any time restate its articles of incorporation as theretofore amended, by {ADD authorization of the general assembly authorizing and approving ADD} a resolution {ADD to be ADD} adopted by the board of directors of the parent corporation. Upon the adoption of the resolution, restated articles of incorporation shall be executed in duplicate by the subsidiary public corporation by its president or a vice president and by its secretary or assistant secretary and shall set forth all of the provisions of the articles of incorporation as theretofore amended together with a statement that the restated articles of incorporation correctly set forth without change the corresponding provisions of the articles of incorporation as theretofore amended and that the restated articles of incorporation supersede the original articles of incorporation and all amendments thereto.

(ii) Duplicate originals of the restated articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds that the restated articles of incorporation conform to law, the secretary shall, (A) endorse on each of the duplicate originals the word "Filed," and the month, day, and year of the filing thereof; (B) file one of the duplicate originals in his or her office; and (C) issue a restated certificate of incorporation, to which the secretary shall affix the other duplicate original. The restated certificate of incorporation, together with the duplicate original of the restated articles of incorporation affixed thereto by the secretary of state, shall be returned to the subsidiary public corporation or its representative.

{ADD 42-64-7.3. Voluntary dissolution of a subsidiary public corporation. -- ADD} (a) A subsidiary public corporation may be dissolved by {ADD only by approval and authorization from the general assembly, directing ADD} the adoption of a resolution to dissolve the subsidiary public corporation by the board of directors of the parent corporation. Upon the adoption of the resolution, a statement of intent to dissolve shall be executed in duplicate by the subsidiary public corporation by its president or a vice president and by its secretary or an assistant secretary, which statement shall set forth:

(i) The name of the subsidiary public corporation;

(ii) The names and respective addresses of its officers;

(iii) The names and respective addresses of its directors;

(iv) {ADD A copy of the approval and authorization from the general assembly and a ADD} copy of the resolution adopted by the board of directors of the parent corporation authorizing the dissolution of the subsidiary public corporation; and

(v) If, pursuant to subsection (c) hereof, the date when the subsidiary public corporation is to cease to carry on its business is to be subsequent to the date of the filing, the date when the corporation is to cease to carry on its business.

(b) Duplicate originals of the statement of intent to dissolve shall be delivered to the secretary of state. If the secretary of state finds that the statement conforms to law, the secretary shall: (i) Endorse on each of the duplicate originals the word "Filed," and the month, day, and year of the filing thereof; (ii) File one of the duplicate originals in his office; and (iii) Return the other duplicate original to the subsidiary public corporation or its representative.

(c) Upon the filing by the secretary of state of a statement of intent to dissolve, or upon such later date, not more than thirty (30) days after the filing, as may be set forth in the statement, the subsidiary public corporation shall cease to carry on its business, except insofar as may be necessary for the winding up thereof, but its corporate existence shall continue until a certificate of dissolution has been issued by the secretary of state.

(d) After the filing by the secretary of state of a statement of intent to dissolve: (i) The subsidiary public corporation shall immediately cause notice thereof to be mailed to each known creditor of the subsidiary public corporation; and (ii) The subsidiary public corporation shall proceed to collect its assets, sell, or otherwise dispose of such of its properties as are not to be distributed in kind to the parent corporation, pay, satisfy, and discharge its liabilities and obligations and do all other acts required to liquidate its business and affairs, and, after paying or adequately providing for the payment of all its obligations, distribute the remainder of its assets, either in cash or in kind, to the parent corporation.

(e) When all debts, liabilities, and obligations of the subsidiary public corporation have been paid and discharged, or adequate provision has been made therefor, and all of the remaining property and assets of the subsidiary public corporation have been distributed to the parent corporation, articles of dissolution shall be executed in duplicate by the subsidiary public corporation by its president or a vice president and by its secretary or an assistant secretary, which statement shall set forth:

(i) The name of the subsidiary public corporation;

(ii) That the secretary of state has theretofore filed a statement of intent to dissolve the subsidiary public corporation, and the date on which the statement was filed;

(iii) That all debts, obligations, and liabilities of the subsidiary public corporation have been paid and discharged or that adequate provision has been made therefor;

(iv) That all the remaining property and assets of the subsidiary public corporation have been distributed to the parent corporation; and

(v) That there are no suits pending against the subsidiary public corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree which may be entered against it in any pending suit.

(f)(1) Duplicate originals of the articles of dissolution shall be delivered to the secretary of state. If the secretary of state finds that the articles of dissolution conform to law, the secretary shall: (i) Endorse on each of these duplicate originals the word "Filed," and the month, day, and year of the filing thereof; (ii) File one of these duplicate originals in his or her office; and (iii) Issue a certificate of dissolution to which the secretary shall affix the other duplicate original.

(2)The certificate of dissolution, together with the duplicate original of the articles of dissolution affixed thereto by the secretary of state, shall be returned to the representative of the dissolved subsidiary public corporation. Upon the issuance of the certificate of dissolution the existence of the subsidiary public corporation shall cease, except for the purpose of suits, other proceedings and appropriate corporate action by directors and officers as provided herein.

(g) The dissolution of a subsidiary public corporation either (i) by the issuance of a certificate of dissolution by the secretary of state, or (ii) by expiration of its period of duration, shall not take away or impair any remedy available to or against the subsidiary public corporation, its directors, or officers, for any right or claim existing, or any liability incurred, prior to the dissolution if action or other proceeding thereon is commenced within two (2) years after the date of the dissolution. Any such action or proceeding by or against the subsidiary public corporation may be prosecuted or defended by the subsidiary public corporation in its corporate name. The directors and officers shall have power to take such corporate or other action as shall be appropriate to protect the remedy, right, or claim. If the subsidiary public corporation was dissolved by the expiration of its period of duration, the subsidiary public corporation may amend its articles of incorporation at any time during the period of two (2) years so as to extend its period of duration.

{ADD 42-64-8. Directors, officers and employees. -- ADD} (a) The powers of the corporation shall be vested in a board of directors consisting of the members of the economic development council {ADD thirteen (13) members. The governor shall serve as a member of the board and as chairman, ex officio (who shall vote only in the event of a tie). The membership of the board shall consist of eight (8) public members to be appointed by the governor with the advice and consent of the senate, two (2) members from the house of representatives to be appointed by the speaker of the house of representatives, one of whom shall be from the minority party, one (1) member from the senate one who shall be appointed by the majority leader of the senate, and one (1) member of the minority party from the senate who shall be appointed by the majority leader of the senate. The remaining public member shall be appointed on an interim basis by the governor when a project plan of the corporation situated on federal land is disapproved by the governing body of a municipality in accordance with subsection (a) (iv) of section 42-64-13. The member shall be the mayor of the municipality within whose borders all or a majority of the project plan is to be carried out, or in a municipality which has no mayor, the member shall be the president of the town or city council. The appointed interim member shall have all the powers of other members of the board only in its deliberations and action on the disapproval of the project plan situated on federal land and within the borders of his or her municipality. Upon final action by the board pursuant to subsection (a)(v) of section 42-64-13, the interim member's term of appointment shall automatically terminate.

(i) The members of the board of directors of the Rhode Island port authority and economic development corporation in office on the effective date of section 42-64-1.1 shall continue as directors of the corporation for the remainder of their appointed terms, and thereafter until their successors are appointed to the board of directors and have qualified. Annually during the month of January, the governor shall appoint a member or members to succeed the member or members whose terms will then next expire to serve for a term of four (4) years commencing on the first day of February and then next following, and thereafter until the successors are appointed and qualified. The governor shall appoint the additional member authorized by this act to serve for a term expiring January 31, 1999. The legislative members of the board of directors shall serve as members thereof until the expiration of the balance of the legislative term which they are serving at the time of their appointment to the board of directors, and thereafter until their successors are appointed to the board of directors and have qualified. In the event of a vacancy occurring in the office by a member by death, resignation or otherwise, such vacancy shall be filled in like manner as an original appointment, but only for the remainder to the term of the former member. ADD}

(b) The directors shall receive no compensation for the performance of their duties hereunder, but each director shall be reimbursed for his or her reasonable expenses incurred in carrying out those duties. A director may engage in private employment, or in a profession or business.

(c) The chairman of the economic development council shall serve as chairman of the board of directors. The chairman shall designate a vice chairman who shall serve at the pleasure of the chairman. Five (5) directors shall constitute a quorum, and, except as otherwise provided in section 42-64-13, any action to be taken by the corporation under the provisions of this chapter may be authorized by resolution approved by a majority of the directors present and entitled to vote at any regular or special meeting at which a quorum is present. A vacancy in the membership of the board of directors shall not impair the right of a quorum to exercise all the rights and perform all the duties of the corporation.

(d) The director of the department of economic development {ADD chief executive officer of the corporation ADD} shall be executive director of the corporation {ADD appointed by the governor with the advice and consent of the senate ADD} and, as such, its chief executive officer . The executive director of the corporation shall be entitled to receive for his or her services such reasonable compensation, if any, as the board of directors may determine.

(e) In addition to the executive director, the {ADD The ADD} board of directors shall appoint a secretary and such additional officers and staff members as they shall deem appropriate and shall determine the amount of reasonable compensation, if any, each shall receive. The board of directors may vest in the executive director or the director's subordinates the authority to appoint additional staff members and to determine the amount of compensation each individual shall receive.

(f) No full-time employee shall during the period of his or her employment by the corporation engage in any other private employment, profession or business, except with the approval of the board of directors.

(g) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a director, officer, or employee of any financial institution, investment banking firm, brokerage firm, commercial bank, trust company, building-loan association, architecture firm, insurance company, or any other firm, person or corporation to serve as a director of the corporation nor shall any contract or transaction between the corporation and a financial institution, investment banking firm, brokerage firm, commercial bank, trust company, building-loan association, architecture firm, insurance company, or other firm, person, or corporation be void or voidable by reason of that service as director of the corporation. If any director, officer, or employee of the corporation shall be interested either directly or indirectly, or shall be a director, officer, or employee of or have an ownership interest (other than as the owner of less than one percent (1%) of the shares of a publicly-held corporation) in any firm or corporation interested directly or indirectly in any contract with the corporation, that interest shall be disclosed to the corporation and set forth in the minutes of the corporation, and the director, officer, or employee having that interest therein shall not participate on behalf of the corporation in the authorization of any such contract. Interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors of the corporation which authorizes the contract or transaction.

(h) Any action taken by the corporation under the provision of this chapter may be authorized by vote at any regular or special meeting, and each vote shall take effect immediately. All meetings shall be open to the public and all records shall be a matter of public record except that if a majority of the board of directors decides that it would be in the best interests of the corporation and the state to hold an executive session in private, then the board of directors is authorized to transact such business as it deems necessary at that executive session in private and the record thereof shall not become a matter of public record until the transaction discussed has in the opinion of the board of directors been completed.

(i) The board of directors may designate from among its members an executive committee and one or more other committees each of which, to the extent authorized by the board of directors, shall have and may exercise all the authority of the board of directors, but no such committee shall have the authority of the board of directors in reference to the disposition of all or substantially all the property and assets of the corporation, amending the by-laws of the corporation, exercising the condemnation power conferred upon the corporation by section 42-64-9 or taking actions described or referred to in section 42-64-13(a).

(j) Any action required by this chapter to be taken at a meeting of the board of directors, or any action which may be taken at a meeting of the board of directors, or committee thereof, may be taken without a meeting if a consent in writing, setting forth the action to be taken, shall be signed before or after that action by all of the directors, or all of the members of the committee, as the case may be.

(k) Employees of the corporation shall not, by reason of their employment, be deemed to be employees of the state for any purpose, any other provision of the general laws to the contrary notwithstanding, including, without limiting the generality of the foregoing, chapters 29, 39, and 42 of title 28 and chapters 4, 8, 9, and 10 of title 36.

{ADD 42-64-30. Other statutes. -- ADD} Nothing herein contained shall restrict or limit the powers of the corporation arising under any laws of this state except where such powers are expressly contrary to the provisions of this chapter . {ADD ; provided, however, that the corporation shall not have any power to create, empower or otherwise establish any corporation, subsidiary corporation, corporate body, any form of partnership, or any other separate entity, without the express approval and authorization of the general assembly. Except as otherwise provided, this ADD} This chapter shall be construed to provide a complete additional and alternative method for doing the things authorized hereby and shall be regarded as supplemental and in addition to the powers conferred by other laws. The issuance of all bonds, notes, and other obligations of the corporation under the provisions of this chapter need not comply with the requirements of any other statute applicable to the issuance of same and contracts for the construction and acquisition of any project undertaken pursuant to this chapter need not comply with any provision of any other state law applicable to contracts for the construction and acquisition of state owned property, except that the provisions of section 37-13-1 et seq. (prevailing wage); section 37-16-2 et seq. (public works arbitration); and section 37-12-1 et seq. (contractor's bonds) for the construction and acquisition of state or municipally owned property shall be applicable. No proceedings or notice of approval shall be required for the issuance of any bonds, notes, and other obligations or any instrument of security therefor except as herein provided.

SECTION 9. Sections 42-64.1-2, 42-64.1-3, 42-64.1-4, and 42-64.1-5 of the General Laws in Chapter 42-64.1 entitled "Economic Development Assistance" are hereby amended as follows:

{ADD 42-64.1-2. Legislative findings. -- ADD} (a) It is hereby found and declared that there exists in our state a condition of substantial and persistent unemployment and under-employment which causes hardship to many individuals and families, wastes vital human resources, increases the public assistance burdens of the state, impairs the security of family life, contributes to crime and delinquency, prevents many of our youths from continuing their education, impedes the economic and physical development of municipalities and adversely affects the welfare and prosperity of our state; that many existing industrial and business facilities in our state are obsolete and inefficient, and dilapidated; that many of these facilities are under-utilized or in the process of being vacated, creating additional unemployment; that there exists an acute shortage of land suitable for industrial and business development; that new industrial and business facilities are required to attract and house new industries and businesses and allow expansion and improvement of existing industry and business and thereby reduce the hazards of unemployment; that unaided efforts of private enterprises have not met and cannot meet the needs of providing such facilities due to problems encountered in assembling suitable building sites, lack of adequate public service, unavailability of private capital for development, and the inability of private enterprise alone to plan, finance, and coordinate industrial and business development; that the economic insecurity attendant to such chronic and new unemployment and the absence of new employment opportunities constitutes a serious menace for the safety, morals, and general welfare of the people of our state.

(b) It is hereby declared to be the policy of the state to promote a vigorous and growing economy, to prevent economic stagnation and to encourage the creation of new job opportunities in order to ameliorate the hazards of unemployment and under-employment, reduce the level of public assistance, increase revenues to the state and its municipalities and to achieve a stable diversified economy.

(c) It is hereby found and declared that assisting the Rhode Island port authority and economic development corporation, as defined below (hereinafter referred to as the "port authority" {ADD "economic development corporation") ADD} to acquire and improve land and facilities for industrial and business purposes are public uses and purposes for which public moneys may be expended.

{ADD 42-64.1-3. Definitions. -- ADD} As used in this chapter the following words and terms shall have the following meanings unless the context shall indicate another or different meaning or intent:

(a) "Economic development project" shall mean a project undertaken by the port authority {ADD economic development corporation ADD} for the acquisition, improvement and development of land and facilities thereon, for sale or lease to, and use by private industry and business (or for the discharge of indebtedness incurred by the port authority in connection with the foregoing activities) and shall include, without limiting the generality of the foregoing, the development of industrial parks, the acquisition of lands, buildings and other improvements, the installation, construction or reconstruction of site improvements, utilities, sewerage and water lines and systems, water towers, roads, rights-of-ways, easements, engineering services, and other expenses related to the acquisition, improvement, and disposition of the same.

(b) "Port Authority Act" {ADD "The Rhode Island Economic Development Corporation Act" ADD} shall mean chapter 64 of title 42 of the general laws, as amended or supplemented from time to time.

(c) "Project area" shall mean the area within which the development project is located.

(d) "Rhode Island port authority and economic development corporation" {ADD "Rhode Island economic development corporation" ADD} shall mean the public corporation and governmental agency and instrumentality of the state created pursuant to the Port Authority Act {ADD Rhode Island Economic Development Corporation Act ADD} , or any subsidiary corporation thereof {ADD approved by the general assembly ADD} .

{ADD 42-64.1-4. Economic development project plan. -- ADD} The port authority {ADD economic development corporation ADD} may initiate an economic development project by adopting an economic development project plan therefor in accordance with the provisions of this chapter, the Port Authority Act {ADD Rhode Island Economic Development Corporation Act, ADD} chapter 64 of this title, and any regulations of the port authority {ADD economic development corporation ADD} . A project plan may be amended from time to time and may include:

(a) A general description of the land within the project area; (b) A general description of the present condition and uses of such land and any improvements thereon; (c) A general description of the land uses or building uses proposed by the port authority {ADD economic development corporation ADD} for the project area; and (d) Such other items as the port authority may, in its discretion, deem appropriate.

{ADD 42-64.1-5. Economic development assistance fund. -- ADD} (a) The proceeds of the bonds described in Part I of this act shall be deposited by the port authority {ADD economic development corporation ADD} in a special account to be designated "Rhode Island economic development assistance fund of 1979" (hereinafter referred to as the "bond fund") to be used from time to time to pay the costs of acquiring land and facilities thereon and carrying out economic development project plans for the development of such sites for sale or lease to, and use by private industry or business, or to discharge any indebtedness incurred by the port authority {ADD economic development corporation ADD} in connection with any of the foregoing activities.

(b) Payments received by the port authority {ADD economic development corporation ADD} as lease rentals or the purchase price of such land and improvements shall be deposited in the bond fund and used by the port authority {ADD economic development corporation ADD} from time to time, on a revolving basis to pay the expenses of the lease or sale of such land and improvements, to acquire additional land and improvements, to be developed for sale or lease in the same manner and to the same extent as described above, or to discharge indebtedness incurred by the port authority {ADD economic development corporation ADD} in connection with the acquisition of land and improvements for development for sale or lease in accordance with the provisions hereof.

(c) All moneys in the bond fund, whether proceeds from the sale of bonds or notes described in part I of this chapter, or revenues, receipts, or income from the sale or lease of projects, or investment income shall be trust funds to be used and applied solely as provided in this chapter, the Port Authority Act {ADD Rhode Island Economic Development Corporation Act ADD} , chapter 64 of this title, and in the proceedings of the port authority {ADD economic development corporation ADD} taken pursuant thereto, and shall not be pledged, assigned, hypothecated, or otherwise encumbered for any other purpose whatsoever.

(d) Upon determination by the port authority {ADD economic development corporation ADD} that the continued operation of the bond fund is no longer feasible, or upon termination of the existence of the port authority {ADD economic development corporation ADD} , all moneys in the bond fund and rights relating thereto, and all properties acquired with the proceeds thereof, shall pass to and be vested in the state.

(e) In connection therewith, the operation of the bond fund, including the investment and reinvestment of moneys therein, the disposition of moneys for carrying out economic development projects, and the sale or lease of land and improvements to industrial and business users, shall be governed by the proceedings of the port authority {ADD economic development corporation ADD} pursuant to the provisions of the Port Authority {ADD Rhode Island Economic Development Corporation ADD} Act, chapter 64 of this title. In this regard powers granted to the port authority {ADD economic development corporation ADD} by this chapter shall be regarded as supplemental and in addition to the powers conferred thereon by other laws including but not limited to the RIEC Act, chapter 64 of this title.

SECTION 10. Sections 42-64.3-3.1 and 42-64.3-5.1 of the General Laws in Chapter 42-64.3 entitled "Enterprise Zones" are hereby amended as follows:

{ADD 42-64.3-3.1. Enterprise zone council. -- ADD} (a) There is hereby created within the department of economic development {ADD Rhode Island economic development corporation ADD} the "enterprise zone council" which shall consist of five (5) members to be appointed by the governor; one member shall be the {ADD executive ADD} director of the department of economic development {ADD Rhode Island economic development corporation ADD} ; one member who shall represent the urban league of Rhode Island; one member who shall represent the Rhode Island league of cities and towns; and two (2) members from the general public. The governor shall designate one member to serve as chair of the enterprise zone council.

(b) The members shall be appointed for terms of five (5) years each, provided, however, of the members originally appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two (2) years, one shall be appointed for a term of three (3) years, one shall be appointed for a term of four (4) years and one shall be appointed for a term of five (5) years.

(c) In carrying out its powers and duties under this chapter the council shall utilize the staffs and resources of the division of statewide planning , the department of economic development and the governor's office of intergovernmental relations. {ADD and the Rhode Island economic development corporation. ADD} Those agencies and other departments and agencies of state government shall cooperate with the council in carrying out its mandate under this chapter.

(d) The council shall promulgate rules and regulations necessary to implement the intent of this chapter.

{ADD 42-64.3-5.1. Coordination with existing programs. -- ADD} To the maximum extent possible, the directors of the departments of administration, business regulation, economic development, employment and training, environmental management, labor, workforce 2000, human services, transportation, the governor's office of housing, energy and intergovernmental relations, and the Rhode Island housing and mortgage finance corporation will provide special assistance to the zones. This will include, but not be limited to:

(1) Expedited processing;

(2) Priority funding;

(3) Program set asides; and

(4) Provision of technical assistance in furtherance of the public policy enunciated in section 42-64.3-2(2).

SECTION 11. Section 42-64.4-2 of the General Laws in Chapter 42-64.4 entitled "Economic Development Reporting" is hereby amended as follows:

{ADD 42-64.4-2. Annual reports. -- ADD} Any board, corporation, commission or other entity of the state which issues or approves tax-exempt bonds, or bonds which are partially tax-exempt, for private uses, including, but not necessarily limited to, industrial revenue bonds, and any corporation or agency whose purpose is to encourage economic development or to assist private development in any manner by the issuance or approval of such tax exempt bonds or bonds which are partially tax-exempt or by the insurance of private financing, shall submit sufficient information to the {ADD executive ADD} director of {ADD the ADD} economic development {ADD corporation ADD} to enable the {ADD executive ADD} director to submit an annual report to the general assembly containing the information described in section 42-64.4-3, and the {ADD executive ADD} director shall submit such report by March 1 of each year.

SECTION 12. Section 45-35-18 in chapter 42-35 of the general laws entitled "Administrative Procedures" is hereby amended as follows:

{ADD 42-35-18. Effective date of chapter -- Scope of application and exemptions. -- ADD} (a) This chapter shall take effect upon January 1, 1964, and thereupon all acts and parts of acts inconsistent herewith shall stand repealed, provided, however, that except as to proceedings pending on June 30, 1963, this chapter shall apply to all agencies and agency proceedings not expressly exempted.

(b) One of the provisions of this chapter shall apply to the following sections and chapters of the general laws:

(1) Section 16-32-10 (University of Rhode Island);

(2) Chapter 41 of title 16, (New England Higher Education Compact);

(3) Section 16-33-6, (Rhode Island College);

(4) Chapter 16 of title 23 (Health Facilities Construction Act);

(5) Chapter 8 of title 20 (Atlantic States Marine Fisheries Compact);

(6) Chapter 29 of title 28 (Workers' Compensation -- General Provisions);

(7) Chapter 30 of title 28 (Workers' Compensation Commission);

(8) Chapter 31 of title 28 (Workers' Compensation -- State and Municipal Employees);

(9) Chapter 32 of title 28, (Workers' Compensation -- Report of Injuries);

(10) Chapter 33 of title 28 (Workers' Compensation -- Benefits);

(11) Chapter 34 of title 28 (Workers' Compensation -- Occupational Diseases);

(12) Chapter 36 of title 28 (Workers' Compensation -- Insurance);

(13) Chapter 35 of title 28 (Workers' Compensation -- Procedure);

(14) Chapter 37 of title 28 (Workers' Compensation -- Second Injury Indemnity Fund);

(15) Chapter 38 of title 28 (Dr. John E. Donley Rehabilitation Center);

(16) Chapter 8 of title 36 (Retirement System -- Administration);

(17) Chapter 9 of title 36 (Retirement System -- Membership and service credits);

(18) Chapter 10 of title 36 (Retirement System -- Contributions and benefits);

(19) Chapter 16 of title 16 (Teachers' Retirement);

(20) Chapter 17 of title 16 (Retirement of Teachers in State Schools);

(21) Chapter 21 of title 45 (Retirement of Municipal Employees);

(22) Chapter 7 of title 17 (State Board of Elections);

(23) Chapter 63 of title 42 (Department of Economic Development);

(23) Chapter 16 of title 8 (Judicial Tenure and Discipline);

(24) Chapter 61 of title 42 (State Lottery);

(25) Chapter 59 of title 16 (Board of Governors for Higher Education);

(26) Chapter 60 of title 16 (Board of Regents for Elementary and Secondary Education);

(27) Chapter 24.4 of Title 45 (Special Development Districts);

(28) Chapter 12 of title 35 (The University of Rhode Island Research Corporation).

(c) The provisions of 42-35-9, 42-35-10, 42-35-11, 42-35-12 and 42-35-13 shall not apply to:

(1) Any and all acts, decisions, findings, or determinations by the board of review of the department of employment and training or the director of the department of employment and training or his, her, its or their duly authorized agents and to any and all procedures or hearings before and by the director or board of review of the department of employment and training or his or her agents under the provisions of chapter 39 of title 28, chapter 40 of title 28, chapter 41 of title 28, chapter 42 of title 28, chapter 43 of title 28 and chapter 44 of title 28.

(2) Section 28-5-17 (Conciliation of charges of unlawful practices).

(3) Chapter 8 of title 13 (Parole).

(4) Any and all acts, decisions, findings or determinations by the registrar of motor vehicles or his duly authorized agent and to any and all procedures or hearings before and by said registrar or his said agent under the provisions of chapters 10, 11, 31 to 33, inclusive, of title 31.

(5) Procedures of the board of examiners of hoisting engineers under chapter 26 of title 28.

SECTION 13. Section 35-4-13.3 of the General Laws in Chapter 35-4 entitled "State Funds" is hereby amended as follows:

{ADD 35-4-13.3. Authorization of appropriations from fund for job development programs. -- ADD} The general assembly may from time to time appropriate monies from the fund to the department of economic development {ADD corporation ADD} for the expansion of job development activities.

SECTION 14. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit System" is hereby amended as follows:

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

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

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

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

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

(5) The following specific offices:

(A) In the department of administration: director;

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

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

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

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

(F) In the department of health: director;

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

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

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

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

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

(L) In the state properties committee: secretary;

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

(N) In the department of elderly affairs: director;

(O) In the department of economic development: director, and all employees as defined in section 42-63-4;

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

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

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

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

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

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

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

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

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

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

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

(12) Election officials and employees.

(13) Sheriffs, deputy sheriffs and their employees.

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

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

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

(16) Members of the division of state police.

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

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

(19) Mental health advocate.

(20) Child advocate.

SECTION 15. Section 37-21-3 of the General Laws in Chapter 37-21 entitled "Minority Business Development Compliance Act" is hereby amended as follows:

{ADD 37-21-3. Use of minority business development compliance account. -- ADD} (a) All sums in the minority business development compliance account shall be used for the primary purpose of developing the monitoring and compliance functions relating to equal opportunity laws and the state's minority business enterprise programs. The account shall be used for the purpose of guaranteeing maximum minority business enterprise and minority workforce participation on state and federally funded construction projects, and to assure the fullest possible implementation of the state's minority business enterprise procurement program.

(b) Subject to any agency agreements described in section 37-21-2(d), funds shall be used for compliance analysis, on-site monitoring, special studies, outreach to the minority business enterprise community, training and apprenticeship programs, general administration of the program, and related purposes. The funds are intended to supplement those funds regularly allocated for minority business enterprise development purposes to the departments of administration and {ADD the Rhode Island ADD} economic development {ADD corporation ADD} .

(c) The following receipts of capital development funds shall be exempt from this chapter:

(i) Receipts of proceeds of previously authorized general obligation bonds issued by the state or municipalities.

(ii) Receipts by the Rhode Island Housing and Mortgage Finance Corporation to finance construction and mortgage loans for residential housing.

(iii) Receipts to finance projects undertaken exclusively by municipalities.

(iv) Receipts to finance projects undertaken by the department of transportation.

(v) Receipts having a construction portion of less than one million dollars ($1,000,000).

(vi) Receipts to finance projects for the benefit of not-for-profit end users, provided that no state agency is the owner or operator of the project.

SECTION 16. {ADD Severability of Provisions. -- ADD} If any provisions of this article or of any rule or regulation made thereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this article or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this article shall not affect the validity of the remainder of the article.

SECTION 17. {ADD Liberal Construction of Article Required. -- ADD} This article shall be construed liberally in aid of its declared purpose.

SECTION 18. {ADD Reallocation of funds by governor upon transfer of function. -- ADD} Upon the transfer of any function of the department of economic development, to the Rhode Island economic development corporation relating to community development block grants to the department of administration, division of planning, the governor is hereby authorized to transfer or reallocate in whole or in part, by executive order, the appropriations affected thereby.

SECTION 19. {ADD Employees. -- ADD} As of the effective date of this article, all positions formerly within the department of economic development are abolished by the repeal of chapter 42-63 of the general laws and all employees are severed from state service {ADD , provided, however, no person in the service of the state on the effective date of this act shall be discharged, separated from service, or downgraded in service by reason of the enactment of this act. ADD}

SECTION 20. {ADD Transfer determinations. -- ADD} The director of administration, with the approval of the governor, shall make the conclusive determination of the property, records, and appropriation balances, allocations and other funds of the department of economic development and the governor's office of housing, energy and intergovernmental relations relating to community development block grants to be transferred to the Rhode Island economic development corporation or the department of administration, division of planning, in connection with the functions transferred thereto by the provisions of this article.

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

SECTION 21. {ADD 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 Rhode Island economic development corporation from the department of economic development, and the transfer of the governor's office of housing, energy and intergovernmental relations relating to community development block grants, to the department of administration, division of planning, respectively, may be postponed until after July 1, 1995 until such time as, by executive order of the governor, the transfer herein provided can be put into force and effect.

SECTION 22. {ADD Reporting obligations of the director of administration. -- ADD} The director of administration shall, within one (1) year of the actual transfer of function to the Rhode Island economic development corporation, present through the governor to the general assembly a list of real and personal property and positions under the department of economic development at the time of passage of this article which shall come under the direction of the Economic Development Corporation, as well as the specific assignments of functions within the corporation.

Upon passage of this article, the director of administration shall also present to the general assembly a list of those positions under the department of economic development to be abolished, if any. The determination by the director of administration shall be final and binding.

SECTION 23. {ADD Preservation of rights and remedies. -- ADD} The abolition of the department of economic development or the transfer of any function as provided in this article shall not impair the obligation of any contract or agreement nor abate any suit, action or other proceeding lawfully commenced by or against the head of any agency or officer of the state of Rhode Island in his or her official capacity or in relation to the discharge of his or her official duties but the court may on motion filed within twelve (12) months after this article takes effect allow such a suit, action or proceeding to be maintained by or against his or her successor of such head or officer under the reorganization effected by this article or, if there be no successor, against such agency or officer which succeeded to the function transferred by this article.

SECTION 24. {ADD Law revision by joint committee on legislative affairs. -- ADD} All general and public laws affected by this article shall be revised, amended, consolidated and conformed by the joint committee on legislative affairs. Wherever in such general and public laws reference is made to the department of economic development or the governor's office of housing, energy and intergovernmental relations relating to community development block grants which are transferred to the Rhode Island economic development corporation pursuant to this article, the joint committee on legislative affairs shall revise, amend, consolidate and conform such reference to effectuate the purpose and intent of this article. Such general and public laws, when so revised amended, consolidated and conformed, shall be published in the general and public laws.

SECTION 25. Chapter 36-9 of the general laws entitled "Retirement System--Membership and Service Credits" is hereby amended by adding thereto the following sections:

{ADD 36-9-42. Rhode Island economic development corporation -- Transferred employees. -- ADD} {ADD (a) Definitions. -- For the purposes of this section:

(i) "Economic Development Corporation" means the Rhode Island Econmic Development Corporation, a governmental agency and public instrumentality of the state of Rhode Island.

(ii) "Employee Contribution Accumulation" means an amount equal to the total member contributions of the Transferred Employees which were picked up and paid by the Economic Development Corporation to the trust maintained by the Economic Development Corporation to receive such contributions during the Interim Period plus acual earnings on such contributions. The Employee Contribution Accumulation attributable to each Transferred Employee shall be treated as such employee's accumulated contributions for purposes of chapters 9 and 10 of this title.

(iii) "Employer Contribution Accumulation" means an amount equal to the Required Contributions applicable to the Interim Period.

(iv) "Interim Period" means the period from the Transfer Date to the date that the requirement of subsection (c) is satisfied.

(v) "Required Contribution" means the amount or amounts required to be contributed to the retirement system by the Economic Development Corporation in addition to the member contributions of the Transferred Employees, in order to fund the benefits attributable to the Transferred Employees earned after the Transfer Date in accordance with the provisions of this section. The amount of the Economic Development Corporation's required contribution for any relelvant period following the Transfer Date shall be an amount determined by multiplying the rate percent established in accordance with section 36-10-2 for the period by the compensation paid by the Economic Development Corporatin to the Transferred Employees during such period. The Economic Development Corporation shall make its Required Contribution, other than the Required Contribution for the Interim Period, in bi-weekly installments, each to be made within three (3) business days following the pay day. The Required Contribution applicable to the Interim Period shall be made in accordance with the provisions of subsection (c) of this chapter.

(vi) "Transfer Date" means the effective date of this article.

(vii) "Transferred Employee" means any individual who was an employee of the Department of Economic Development of the State of Rhode Island on the date immediately preceding the Transfer Date and was an active member of the retirement system on the date immediately preceding the Transfer Date and who became an employee of the Economic Development Corporation on the Transfer Date.

(b) Subject to subsections (c), (d) and (e) of this section, the period of service of any Transferred Employee with the Economic Development Corporation after the Transfer Date shall be treated as service as an employee of the state of Rhode Island for purposes of Chapters 8,9 and 10 of this tite. ADD}

{ADD (c) The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section, the Economic Development Corporation transfers, or causes to have transferred from a trustee or other custodian, to the retirement system, an amount equal to the sum of the employee contribution accumulation and the employer contribution accumulation.

(d) Notwithstanding the foregoing, any individual who is a transferred employee shall not be considered an employee of the state of Rhode Island under subsection (b) for any period of employment during which he or she elects to participate in any other retirement income benefit funded by the Economic Development Corporation under a retirement plan sponsored by the Economic Development Corporation and intended to qualify under section 401(a)(4) [26 U.S.C. 401(a)(4)] of the United States Internal Revenue Code.

(e) Provided the requirement of subsection (c) of this section is satisfied;

(i) Any retirement or death benefit provided to or on behalf of a transferred employee during the interim period by the Economic Development Corporation, or a trust established and maintained by the Economic Development Corporation shall be considered provided by the retirement system and the amount of benefit paid by the Economic Development Corporation or the trustee, shall reduce the amount required to be transferred to the retirement system under subsection (c) of this section.

(ii) Subsection (b) shall continue to apply after the date of transfer specified in subsection (c) with respect to the period for which the Economic Development Corporation thereafter makes its required contribution to the retirement system. In the event that the Economic Development Corporation ceases to make its required contribution, the transferred employees shall be considered inactive members of the retirement system as of the date of such cessation.

(iii) The member contributions of the transferred employees shall be considered picked up and paid by the economic development corporation to the retirement system after the interim period pursuant to the provisions of section 414(h)(2) [26 U.S.C. 414(h)(2)] of the United States Internal Revenue Code. The contributions so picked up shall be treated as employer contributions in determining the tax treatment under the United States Internal Revenue Code, and shall not be included as gross income of the transferred employee until such time as they are distributed.

(iv) All transferred employees who are contributing members of the employees retirement system shall continue as members unless they elect to cease contributions as of October 31, 1995. Any transferred employee who has contributed for at least ten (10) years may elect to participate in an alternative retirement program and still maintain vested rights to a pension within the employees retirement system. All transferred employees shall have ninety (90) days to make their election to participate in an alternative retirement program. ADD}

{ADD 36-9-43. Rhode Island economic development corporation -- Uninterrupted state service. -- ADD} {ADD Transferred employees, as defined in section 36-9-42, who return to employment with the state of Rhode Island directly from uninterrupted employment with the Rhode Island Economic Development Corporation shall have their length of service at the Rhode Island Economic Development Corporation deemed to be uninterrupted active state service for purposes of service credits in the retirement system. ADD}

SECTION 26. The administration of community development block grants is hereby tranfered to the department of administration, division of planning.

SECTION 27. {ADD Effective date. -- ADD} This article shall take effect July 1, 1995.

SECTION 1. Section 42-61-15 of the General Laws in Chapter 42-61 entitled "State Lottery" is hereby amended to read as follows:

{ADD 42-61-15. State lottery fund. -- ADD} (a) There is hereby created the state lottery fund into which shall be deposited all revenues received by the commission from sales of lottery tickets and license fees. The fund shall be in the custody of the general treasurer subject to the direction of the commission for the use of the commission and money shall be disbursed from it on the order of the controller of state, pursuant to vouchers or invoices signed by the director of the commission and certified by the chairman of the commission. The moneys in the state lottery fund shall be allotted in the following order, and only for the following purposes:

(1) Establishing a prize fund from which payments of the prize awards shall be disbursed to holders of winning lottery tickets on checks signed by the director and countersigned by the chairperson or his or her designee. The amount of payments of prize awards to holders of winning lottery tickets shall be determined by the commission, but shall not be less than forty-five percent (45%) nor more than fifty-five percent (55%) of the total revenue accruing from the sale of lottery tickets.

{ADD However, for the lottery game commonly known as "Keno", the amount of prize awards to holders of winning Keno tickets shall be determined by the commission, but shall not be less than forty-five percent (45%) nor more than sixty five percent (65%) of the total revenue accruing from the sale of Keno tickets. ADD}

(2) Payment of expenses incurred by the commission in the operation of the state lotteries including but not limited to costs arising from contracts entered into by the director for promotional, consulting, or operational services, salaries of professional, technical, and clerical assistants, and purchases or lease of facilities, lottery equipment, and materials;

(3) Repayment into the general revenue fund of the amount appropriated for the implementation of the state lottery; and

(4) Payment into the general revenue fund of all revenues remaining in the state lottery fund after the payments specified in subdivisions (1) -- (3) of this subsection; provided, that the amount to be transferred into the general revenue fund shall equal no less than thirty percent (30%) of the total revenue received and accrued from the sale of lottery tickets plus any other income earned from the lottery . {ADD provided, further that the revenue returned to the general fund from the game commonly known as Keno, shall not be calculated as part of the thirty percent (30%) mandate required by this section, but the amount transferred into the general revenue fund shall equal no less than twenty percent (20%) of the total Keno revenue received. ADD}

(b) In addition to any other audit, the auditor general shall conduct semi-annual audits of all accounts and such other audits as he or she or the commission shall deem necessary. The auditor general may examine all records, files and other documents of the commission, and such records of lottery sales agents as pertain to their activities as agents, for purposes of conducting authorized audits.

(c) Payments into the state's general fund specified in subsection (a)(4) of this section shall be made on an estimated quarterly basis. Payment shall be made on the tenth business day following the close of the quarter except for the fourth quarter when payment shall be on the last business day.

SECTION 2. This article shall take effect upon passage.

SECTION 1. Section 42-6-1 of the General Laws entitled "Enumeration of Departments" in Chapter 42-6 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

(i) Department of economic development (chapter 63 of this title);

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

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

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

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

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

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

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

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

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

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

(t) Department of transportation (chapter 13 of this title);

(u) Public utilities commission (chapter 14.3 of this title) ; {ADD . ADD}

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

SECTION 2. Chapter 42-7.1 of the General Laws entitled "The Comprehensive Substance Abuse Administrative Act of 1992" is hereby repealed in its entirety:

42-7.1-1. Title. -- This chapter may be known as the "Comprehensive Substance Abuse Administrative Act of 1992."

42-7.1-1.1. Establishment of department -- Director. -- (a) There is hereby established within the executive branch of state government a department of substance abuse.

(b) The head of the department shall be the director of substance abuse, who shall be appointed by the governor with the advice and consent of the senate, and shall be in the unclassified service.

42-7.1-2. Purpose. -- The purposes of this act are:

(3) Nothing herein shall preclude any state department or agency from submitting proposals to the office of substance abuse and/or governor's office relating to the planning, development, and implementation of programs for substance abuse prevention and treatment.

42-7.1-3. Definitions. -- As used in this chapter:

(6) "Treatment" shall mean the broad range of emergency, outpatient, intermediate and inpatient services and care, including counseling, diagnostic evaluation, health, medical, psychiatric, psychological, rehabilitative and social services that may be extended to persons who are substance abusers.

42-7.1-5. Powers and duties of the office. -- Notwithstanding any provision of the Rhode Island general laws to the contrary, the department shall have the following powers and duties:

(10) Perform other acts and exercise any other powers necessary or convenient to carry out the intent and purposes of this act.

42-7.1-6. Planning. -- The department shall plan substance abuse prevention and treatment activities in the state and prepare and submit to the governor and the general assembly the following documents:

(2) Annual assessment and progress report. The office shall submit each year to the general assembly an assessment of the progress achieved in the preceding year; the costs related to substance abuse in the state; and the needs for various types of services within the state, including geographical disparities in the needs for different types of services and the needs of specific segments of the population.

SECTION 3. Chapter 23-1 of the General Laws entitled "Department of Health" is hereby amended by adding the following sections:

{ADD 23-1-1.3. Transfer of responsibilities. -- ADD} {ADD Whenever, in any general or public law, the words "office of substance abuse", "OSA", "department of substance abuse" shall appear, the same shall be deemed to refer to and to mean the "department of health". Whenever, in any general or public law, the words "director of the department of substance abuse" shall appear, the same shall be deemed to refer to and to mean the "director of the department of health". ADD}

{ADD 23-1-37. Powers and duties of the office. -- ADD} {ADD Notwithstanding any provision of the Rhode Island general laws to the contrary, the department of health shall have the following powers and duties:

(1) To establish and promulgate the overall plans, policies, objectives and priorities for state substance abuse prevention and treatment, provided however, that the director shall obtain and consider input from all affected state departments and agencies prior to the promulgation of any such plans or policies.

(2) Evaluate and monitor all state grants and contracts to local substance abuse service providers.

(3) Develop, provide for and coordinate the implementation of a comprehensive state plan for substance abuse prevention and treatment.

(4) Ensure the collection, analysis and dissemination of information for planning and evaluation of substance abuse services.

(5) Provide support, guidance and technical assistance to individuals, local governments, community service providers, public and private organizations in their substance abuse prevention and treatment activities.

(6) Adopt and promulgate rules and regulations.

(7) Confer with all affected department directors to coordinate the administration of state programs and policies that directly affect substance abuse treatment and prevention.

(8) Seek and receive funds from the federal government and private sources in order to further the purposes of this chapter.

(9) To enter into, in compliance with the provisions of title 37, chapter 2, contractual relationships and memoranda of agreement as necessary to the purposes of this chapter.

(10) Perform other acts and exercise any other powers necessary or convenient to carry out the intent and purposes of this chapter. ADD}

SECTION 4. Chapter 40.1-4 entitled "Alcoholism" is hereby renumbered as Chapter 23-1.10 in Title 23 entitled "Health and Safety" of the General Laws:

40.1-4-1 {ADD 23-1.10-1. Declaration of policy. -- ADD} The problem of alcoholism, with its attendant effects upon the economic condition of alcoholics and those dependent upon them, and the substantial physical deterioration brought about by the misuse of alcohol, has, as shown by the studies, become more and more a major concern of government. Those who, through the misuse of alcohol, adversely affect their health and their economic independence have in recent years increased in number. This chapter is designed to provide proper treatment for those who have been habitually misusing alcohol as a beverage. It is the further policy of this state that alcoholics and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages but rather should be afforded a continuum of treatment in order that they may lead normal lives as productive members of society.

40.1-4-2 {ADD 23-1.10-2. Definitions. -- ADD} As used in this chapter, the term: (1) "Alcoholic" means a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that his or her health is substantially impaired or endangered or his or her social or economic function is substantially disrupted;

(2) "Approved private treatment facility" means a private agency meeting the standards prescribed in section 40.1-4-7 {ADD 23-1.10-7 ADD} (1) and approved under section 40.1-4-7 {ADD 23-1.10-7 ADD} (3);

(3) "Approved public treatment facility" means a treatment agency operating under the direction and control of the department or providing treatment under this act through a contract with the department under section 40.1-4-6 {ADD 23-1.10-6 ADD} (7) and meeting the standards prescribed in section 40.1-4-7 {ADD 23-1.10-7 ADD} (1);

(4) "Department" means department of mental health , retardation, and hospitals ;

(5) "Director" means the director of mental health , retardation, and hospitals ;

(6) "Incapacitated by alcohol" means a person, who as a result of the use of alcohol is intoxicated to such an extent that he or she is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment;

(7) "Incompetent person" means a person who has been so adjudged by the probate court of the city and town in which the person resides, or any other court of competent jurisdiction;

(8) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol; hospitals;

(9) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons.

40.1-4-3 {ADD 23-1.10-3. Powers assumed by department. -- ADD} The department may:

(1) Plan, establish, and maintain treatment programs as necessary or desirable;

(2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to alcoholics or intoxicated persons;

(3) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;

(4) Administer or supervise the administration of the provisions relating to alcoholics and intoxicated persons of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;

(5) Coordinate its activities and cooperate with alcoholism programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local, or private agencies in this and other states for the treatment of alcoholics and intoxicated persons and for the common advancement of alcoholism programs;

(6) Keep records and engage in research and the gathering of relevant statistics;

(7) Do other acts and things necessary or convenient to execute the authority expressly granted to it; and

(8) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide treatment facilities for alcoholics and intoxicated persons.

40.1-4-4 {ADD 23-1.10-4. Duties of department. -- ADD} The department shall:

(1) develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;

(2) coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of alcoholism and treatment of alcoholics and intoxicated persons;

(3) cooperate with the department of corrections and board of parole in establishing and conducting programs to provide treatment for alcoholics and intoxicated persons in or on parole from penal institutions;

(4) cooperate with the department of education, board of regents for elementary and secondary education, board of governors for higher education, schools, police departments, courts, and other public and private agencies, organizations and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education;

(5) prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol;

(6) develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcoholics and intoxicated persons, which program shall include the dissemination of information concerning the nature and effects of alcohol;

(7) organize and foster training programs for all persons engaged in treatment of alcoholics and intoxicated persons;

(8) sponsor and encourage research into the causes and nature of alcoholism and treatment of alcoholics and intoxicated persons, and serve as a clearing house for information relating to alcoholism;

(9) specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;

(10) advise the governor in the preparation of a comprehensive plan for treatment of alcoholics and intoxicated persons;

(11) review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation, and advise the governor on provisions to be included relating to alcoholism and intoxicated persons;

(12) assist in the development of, and cooperate with, alcohol education and treatment programs for employees of state and local governments and businesses and industries in the state;

(13) utilize the support and assistance of interested persons in the community, particularly recovered alcoholics, to encourage alcoholics voluntarily to undergo treatment;

(14) cooperate with the department of transportation and related agencies both state and local in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated;

(15) encourage general hospitals and other appropriate health facilities to admit without discrimination alcoholics and intoxicated persons and to provide them with adequate and appropriate treatment;

(16) encourage all health and disability insurance programs to include alcoholism as a covered illness; and

(17) submit to the governor an annual report covering the activities of the department.

(18) establish alcohol and substance abuse prevention programs for students in grade kindergarten through twelve (12), in accordance with section 35-4-18 of the general laws entitled "Creation of a health education, alcohol and substance abuse prevention fund". The director shall make an annual report by September 1, 1987, and every year thereafter to the governor and the general assembly on the administration of the program and shall by October 1, 1988, submit to the governor and the general assembly the results of an independent evaluation of the alcohol and substance abuse prevention program established in accordance with this section. This evaluation shall address the following areas: (a) program development, (b) implementation, (c) impact, and (d) recommendations for future needs.

40.1-4-6 {ADD 23-1.10-6. Comprehensive program for treatment . -- ADD} (1) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics and intoxicated persons. The director shall divide the state into appropriate regions for the conduct of the program and establish standards for the development of the program on the regional level. In establishing the regions, consideration shall be given to city, town, and county lines and population concentrations.

(2) The program of the division shall include:

(a) Emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital;

(b) Inpatient treatment;

(C) intermediate treatment; and

(D) outpatient and followup treatment.

(3) The department shall provide for adequate and appropriate treatment for alcoholics and intoxicated persons admitted pursuant to sections 40.1-4-11 {ADD 23-1.10-11 ADD} and 40.1-4-12 {ADD 23-1.10-12 ADD} . Treatment may not be provided at a correctional institution except for inmates.

(4) The department shall maintain, supervise, and control all facilities operated by it subject to its policies. The administrator of each facility shall make an annual report of its activities to the director in the form and manner the director specifies.

(5) All appropriate public and private resources shall be coordinated with and utilized in the program whenever possible.

(6) The director shall prepare, publish, and distribute annually a list of all approved public and private treatment facilities.

(7) The department may contract for the use of any facility as an approved public treatment facility if the director, subject to the policies of the department, considers this to be an effective and economical course to follow.

40.1-4-7 {ADD 23-1.10-7. Standards for treatment facilities -- Inspections -- Furnishing information to department -- Noncompliance with standards. -- ADD} (1) The department shall establish standards for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility, and fix the fees to be charged by the department for the required inspections. The standards may concern only the health standards to be met and standards of treatment to be afforded patients.

(2) The department periodically shall inspect approved public and private treatment facilities at reasonable times and in a reasonable manner.

(3) The department shall maintain a list of approved public and private treatment facilities.

(4) Each approved public and private treatment facility shall file with the department on request; data, statistics, schedules, and such other information the department reasonably requires. An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, and such other information as requested, or files fraudulent returns thereof, shall be removed from the list of approved treatment facilities.

(5) The department, after holding a hearing, may suspend, revoke, limit, or restrict an approval, or refuse to grant an approval, for failure to meet its standards.

40.1-4-8 {ADD 23-1.10-8. Rules as to acceptance for treatment. -- ADD} The director shall adopt and may amend and repeal rules for acceptance of persons into the treatment program, considering available treatment resources and facilities for the purpose of early and effective treatment of alcoholics and intoxicated persons. In establishing the rules the director shall be guided by the following standards:

(a) If possible a patient shall be treated on a voluntary rather than an involuntary basis.

(b) A patient shall be initially assigned or transferred to outpatient or intermediate treatment, unless he or she is found to require inpatient treatment.

(c) A person shall not be denied treatment solely because he or she has withdrawn from treatment against medical advice on a prior occasion or because he or she has relapsed after earlier treatment.

(d) An individualized treatment plan shall be prepared and maintained on a current basis for each patient.

(e) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment.

40.1-4-9 {ADD 23-1.10-9. Voluntary treatment of alcoholics. -- ADD} (1) An alcoholic may apply for voluntary treatment directly to an approved public treatment facility. If the proposed patient is a minor or an incompetent person, he or she, a parent, a legal guardian, or other legal representative may make the application.

(2) Subject to rules adopted by the director, the administrator in charge of an approved public treatment facility may determine who shall be admitted for treatment, provided however that a person so admitted may be held by the department for at least thirty (30) days. That person shall be released at the end of thirty (30) days upon written request to the administrator in charge of the treatment facility. If a person is refused admission to an approved public treatment facility, the administrator, subject to rules adopted by the director, shall refer the person to another approved public treatment facility for treatment if possible and appropriate.

(3) If a patient receiving inpatient care leaves an approved public treatment facility, he shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator in charge of the treatment facility that the patient is an alcoholic who requires help, the department shall arrange for assistance in obtaining supportive services and residential facilities.

(4) If a patient leaves an approved public treatment facility, with or against the advice of the administrator in charge of the facility, the department will attempt to make reasonable provisions for his or her transportation to another facility or to his or her home. If he or she has no home, he or she shall be referred or advised to make contact with the appropriate state or federal agency for assistance in obtaining shelter. If he or she is a minor or an incompetent person, the request for discharge from an inpatient facility shall be made by a parent, legal guardian, or other legal representative or by the minor or incompetent if he or she was the original applicant.

40.1-4-10 {ADD 23-1.10-10. Treatment and services for intoxicated persons and persons incapacitated by alcohol. -- ADD} (1) An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help, if he or she consents to the proffered help, may be assisted to his or her home, an approved public treatment facility, an approved private treatment facility, or other health facility by the police.

(2) A person who appears to be incapacitated by alcohol shall be taken into protective custody by the police and forthwith brought to an approved public treatment facility for emergency treatment. If no approved public treatment facility is readily available he or she shall be taken to an emergency medical service customarily used for incapacitated persons. The police, in detaining the person and in taking him or her to an approved public treatment facility, are taking him or her into protective custody and shall make every reasonable effort to protect his or her health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself or herself. If it is impracticable to take a person to an approved facility, the police may take him or her into protective custody in the police station in suitable quarters, for a reasonable time. A taking into protective custody under this section is not an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.

(3) A person who comes voluntarily or is brought to an approved public treatment facility shall be examined by a licensed physician as soon as possible. He or she may then be admitted as a patient or referred to another health facility, or be released to his or her own custody. The referring approved public treatment facility shall arrange for his or her transportation as provided for in section 40.1-4-9 {ADD23-1.10-9 ADD} (4).

(4) A person who by medical examination is found to be incapacitated by alcohol at the time of his or her admission or to have become incapacitated at any time after his or her admission may not be detained at the facility (1) once he or she is no longer incapacitated by alcohol, or (2) if he remains incapacitated by alcohol for more than five (5) days after admission as a patient, unless he or she is committed under section 40.1-4-11 {ADD 23-1.10-11 ADD} . A person may consent to remain in the facility as long as the physician in charge believes appropriate.

(5) A person who is not admitted to an approved public treatment facility, who is not referred to another health facility, and who has no funds, may be taken to his or her home, if any. If he or she has no home, the approved public treatment facility shall refer or advise him or her to make contact with the appropriate state or federal agency for assistance in obtaining shelter.

(6) If a patient is admitted to an approved public treatment facility, his or her family or next-of-kin shall be notified as promptly as possible if requested by patient. If an adult patient who is not incapacitated requests that there be no notification, his or her request shall be respected.

(7) The police, who act in compliance with this section are acting in the course of their official duty and are not criminally or civilly liable therefor.

(8) If the physician in charge of the approved public treatment facility determines it is for the patient's benefit, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment.

40.1-4-11 {ADD 23-1.10-11. Emergency commitment. -- ADD} (1) An intoxicated person who:

(a) has threatened, attempted, or inflicted physical harm on himself/herself or another and is likely to inflict physical harm on himself or herself or another unless committed, or

(b) is incapacitated by alcohol, may be committed to an approved public treatment facility for emergency treatment. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

(2) The certifying physician, spouse, guardian, or relative of the person to be committed, or any other responsible person, may make a written application for commitment under this section, directed to the administrator of the approved public treatment facility. The application shall state facts to support the need for emergency treatment and be accompanied by a physician's certificate stating that he or she has examined the person sought to be committed within two (2) days before the certificate's date and facts supporting the need for emergency treatment.

(3) Upon approval of the application by the administrator in charge of the approved public treatment facility, the person shall be brought to the facility by a peace officer, health officer, the applicant for commitment, the patient's spouse, the patient's guardian, or any other interested person. The person shall be retained at the facility to which he or she was admitted, or transferred to another appropriate public or private treatment facility, until discharged under subsection (5).

(4) The administrator in charge of an approved public treatment facility shall refuse an application if in his or her opinion the application and certificate failed to sustain the grounds for commitment.

(5) When, on the advice of the medical staff the administrator determines that the grounds for commitment no longer exist, he or she shall discharge a person committed under this section. No person committed under this section may be detained in any treatment facility for more than ten (10) days. If a petition for involuntary commitment under section 40.1-4-12 {ADD 23-1.10-12 ADD} has been filed within the ten (10) days and the administrator in charge of an approved public treatment facility finds that grounds for emergency commitment still exist, he or she may detain the person until the petition has been heard and determined, but no longer than ten (10) days after filing the petition.

(6) A copy of the written application for commitment and of the physician's certificate, and a written explanation of the person's right to counsel, shall be given to the person within twenty-four (24) hours after commitment by the administrator, who shall provide a reasonable opportunity for the person to consult counsel.

40.1-4-12 {ADD 23-1.10-12. Involuntary commitment of alcoholics. -- ADD} (1) A person may be committed to the custody of the department by the district court upon the petition of his or her spouse or guardian, a relative, the certifying physician, or the administrator in charge of any approved public treatment facility. The petition shall allege that the person is an alcoholic who habitually lacks self-control as to the use of alcoholic beverages and that he or she:

(a) Has threatened, attempted, or inflicted physical harm on himself or herself or another and that unless committed is likely to inflict physical harm on himself/herself or another; or

(b) Will continue to suffer abnormal mental, emotional, or physical distress, will continue to deteriorate in ability to function independently if not treated, and is unable to make a rational and informed choice as to whether or not to submit to treatment, and as a result, poses a danger to himself or herself. Evidence that the person has had numerous short-term, involuntary admissions to a treatment facility shall be considered by the court in making a decision pursuant to this chapter. The petition shall be accompanied by a certificate of a licensed physician who has examined the person within three (3) days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the physician's findings in support of the allegations of the petition.

(2) Upon filing the petition, the court shall fix a date for a hearing no later than ten (10) days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served on the petitioner, the person whose commitment is sought, his or her next-of-kin other than the petitioner, a parent or his or her legal guardian if he or she is a minor, the administrator in charge of the approved public treatment facility to which he or she has been committed for emergency care, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered to each person notified.

(3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. The person shall be present unless the court believes that his or her presence is likely to be injurious to him or her; in this event the court shall appoint a guardian ad litem to represent him throughout the proceeding. The court shall examine the person in open court, or if advisable, shall examine the person out of court. If the person has refused to be examined by a licensed physician, he or she shall be given an opportunity to be examined by a court-appointed licensed physician. If he refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him or her to the division for a period of not more than five (5) days for purposes of a diagnostic examination.

(4) If after hearing all relevant evidence, including the results of any diagnostic examination by the department, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to the department. It may not order commitment of a person unless it determines that the department is able to provide adequate and appropriate treatment for him or her and the treatment is likely to be beneficial.

(5) A person committed under this section shall remain in the custody of the department for treatment for a period of thirty (30) days unless sooner discharged. At the end of the thirty (30) day period, he or she shall be discharged automatically unless the department before the expiration of the period obtains a court order for his or her recommitment upon the grounds set forth in subsection (1) for a further period of ninety (90) days unless sooner discharged. If a person has been committed because he or she is an alcoholic likely to inflict physical harm on himself or herself or another, the department shall apply for recommitment if after examination it is determined that the likelihood still exists.

(6) A person recommitted under subsection (1) who has not been discharged by the department before the end of the ninety (90) day period shall be discharged at the expiration of that period unless the department, before the expiration of the period, obtains a court order on the grounds set forth in subsection (1) for recommitment for a further period not to exceed ninety (90) days. If a person has been committed because he or she is an alcoholic likely to inflict physical harm on himself or herself or another, the department shall apply for recommitment if after examination it is determined that the likelihood still exists. Only two (2) recommitment orders under subsections (5) and (6) shall be permitted.

(7) Upon the filing of a petition for recommitment under subsection (5) or (6), the court shall fix a date for hearing no later than ten (10) days after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served on the petitioner, the person whose commitment is sought, his or her next-of-kin other than the petitioner, the original petitioner under subsection (1) if different from the petitioner for recommitment, one of his or her parents or his or her legal guardian if he is a minor, and any other person the court believes advisable. At the hearing the court shall proceed as provided in subsection (3).

(8) The department shall provide for adequate and appropriate treatment of a person committed to its custody. The department may transfer any person committed to its custody from one approved public treatment facility to another if transfer is medically advisable.

(9) A person committed to the custody of the department for treatment shall be discharged at any time before the end of the period for which he or she has been committed if either of the following conditions is met:

(a) In case of an alcoholic committed on the grounds of likelihood of infliction of physical harm upon himself or herself or another re-instate, or another, that he or she is no longer an alcoholic or the likelihood no longer exists; or

(b) In case of an alcoholic committed on the grounds of the need of treatment, deterioration, inability to function, or the fact that he or she is a danger to himself or herself, that said deterioration no longer exists, that he is no longer a danger to himself or herself, that he or she is able to function, that further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.

(10) The court shall inform the person whose commitment or recommitment is sought of his or her right to contest the application, be represented by counsel at every stage of any proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by the court, if he or she wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him or her regardless of his or her wishes. The person whose commitment or recommitment is sought shall be informed of his or her right to be examined by a licensed physician of his or her choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.

(11) If a private treatment facility agrees with the request of a competent patient or his or her parent, sibling, adult child, or guardian to accept the patient for treatment, the administrator of the public treatment facility shall transfer him or her to the private treatment facility.

(12) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus.

(13) Any aggrieved party may appeal to the superior court from a judgment of the district court by claiming such appeal in writing filed with the clerk within forty-eight (48) hours exclusive of Sundays and legal holidays after the judgment is entered.

All such court actions shall be heard within fourteen (14) days after the appeal and shall have precedence on the calendar and shall continue to have precedence on the calendar on a day-to-day basis until the matter is heard.

40.1-4-13 {ADD 23-1.10-13. Confidentiality of records -- Availability for research. -- ADD} (1) The registration and other records of treatment facilities shall remain confidential and are privileged to the patient.

(2) Notwithstanding subsection (1), the director may make available information from patients' records for purposes of research into the causes and treatment of alcoholism. Information under this subsection shall not be published in a way that discloses patients' names or other identifying information.

40.1-4-14 {ADD 23-1.10-14. Visitation rights -- Mail and other communications. -- ADD} (1) Subject to reasonable rules regarding hours of visitation which the director may adopt, patients in any approved treatment facility shall be granted opportunities for adequate consultation with counsel, and for continuing contact with family and friends consistent with an effective treatment program.

(2) Neither mail nor other communication to or from a patient in any approved treatment facility may be intercepted, read, or censored. The director may adopt reasonable rules regarding the use of telephone by patients in approved treatment facilities.

40.1-4-15 {ADD 23-1.10-15. Payment for treatment . -- ADD} (1) If treatment is provided by an approved public treatment facility and the patient has not paid the charge therefor, the department is entitled to (a) any payment received by the patient or to which he or she may be entitled because of the services rendered, and (b) from any public or private source available to the department because of the treatment provided to the patient.

(2) A patient in an approved treatment facility, or the estate of the patient, or a person obligated to provide for the cost of treatment and having sufficient financial ability, is liable to the division for cost of maintenance and treatment of the patient therein in accordance with rates established.

(3) The director shall adopt rules governing financial ability that take into consideration the income, savings and other personal and real property of the person required to pay, and any support being furnished by him or her to any person he or she is required by law to support.

40.1-4-16 {ADD 23-1.10-16. Limits on application of laws punishing intoxication. -- ADD} (1) Neither the state of Rhode Island, municipality, nor other political subdivision thereof may adopt or enforce a law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.

(2) Neither the state of Rhode Island, municipality, nor other political subdivision thereof shall interpret or apply any law of general application to circumvent the provision of subsection (1).

(3) Nothing in this chapter affects any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated time and places or by a particular class of persons.

40.1-4-17 {ADD 23-1.10-17. Severability. -- ADD} If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

40.1-4-18 {ADD 23-1.10-18. Application of Administrative Procedures Act. -- ADD} Except as otherwise provided in this chapter, the state Administrative Procedures Act, chapter 35 of title 42 applies to and governs all administrative action taken by the director.

40.1-4-19 {ADD 23-1.10-19. Rules and regulations. -- ADD} All rules and regulations promulgated in accordance with the provisions of this chapter shall be adopted in accordance with the procedures specified in title 42 of chapter 35 , the Administrative Procedures Act.

SECTION 5. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled "Uniform Controlled Substance Act" is hereby amended as follows:

{ADD 21-28-4.01. Prohibited acts A -- Penalties. -- ADD} (A) Except as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.

(1) Any person who is not a drug dependent person, as defined in section 21-28-1.02(15), who violates this subsection with respect to a controlled substance classified in schedule I or II, except the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned to a term up to life, or fined not more than five hundred thousand dollars ($500,000) nor less than ten thousand dollars ($10,000), or both.

Provided, however, that where the deliverance as prohibited herein shall be the proximate cause of death to the person to whom the controlled substance is delivered, it shall not be a defense that the person delivering the substance was at the time of delivery, a drug dependent person as defined in section 21-28-1.02 (15).

(2) Any person, except as provided for in subsection (A)(1) who violates this subsection with respect to:

(a) a controlled substance classified in schedule I or II is guilty of a crime and upon conviction may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

(b) a controlled substance classified in schedule III or IV, is guilty of a crime and upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both; provided, however, with respect to a controlled substance classified in schedule III (d) upon conviction may be imprisoned for not more than five (5) years, or fined not more than twenty thousand dollars ($20,000), or both;

(c) a controlled substance classified in schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one (1) year, or fined not more than ten thousand dollars ($10,000), or both.

(B) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.

(1) Any person who violates this subsection with respect to:

(a) a counterfeit substance classified in schedule I or II, is guilty of a crime and upon conviction may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000), or both;

(b) a counterfeit substance classified in schedule III or IV, is guilty of a crime and upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both; provided, however, with respect to a controlled substance classified in schedule III (d) upon conviction may be imprisoned for not more than five (5) years, or fined not more than twenty thousand dollars ($20,000), or both;

(c) a counterfeit substance classified in schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one year, or fined not more than ten thousand dollars ($10,000), or both.

(C) It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.

(1) Any person who violates this subsection with respect to:

(a) a controlled substance classified in schedules I, II and III, IV and V, except the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or both;

(b) a controlled substance classified in schedule I as marijuana is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one (1) year or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both;

(2) Additionally every person convicted or who pleads nolo contendere under subsection (C)(1)(a) or convicted or who pleads nolo contendere a second or subsequent time under subsection (C)(1)(b) above, who is not sentenced to a term of imprisonment to serve for the offense, shall be required to:

(a) perform no less than hundred (100) hours of community service;

(b) be referred to Treatment Alternatives to Street Crime (TASC) to determine the existence or problems of drug abuse. Should TASC determine the person needs treatment, it will arrange for said treatment to be provided and after completion of said treatment, the person shall perform his/her required community service and attend the drug education program.

(c) attend and complete a drug counseling and education program as prescribed by the director of the department of mental health, retardation and hospitals {ADD health ADD} and pay the sum of four hundred dollars ($400.00) to help defray the costs of this program which shall be deposited in the "Drug Education, Assessment and Treatment Account" established pursuant to section 21-28-4.01(C)(3). Failure to attend may result after hearing by the court in jail sentence up to one (1) year;

(d) the court shall not suspend any part or all of the imposition of the fee required by this subsection, unless the court finds an inability to pay.

(e) if the offense involves the use of any automobile to transport the substance or the substance is found within an automobile, then a person convicted or who pleads nolo contendere under those subsections shall be subject to a loss of license for a period of six (6) months for a first offense and one year for each offense thereafter.

(3) All fees assessed and collected pursuant to R.I. Gen. Laws 21-28-4.01(C)(2)(c) shall be deposited in the "Drug Education, Assessment and Treatment Account", a restricted purpose receipt account separate from all other fines collected by the judicial department and shall be collected from the person convicted or who pleads nolo contendere before any other fines authorized by this chapter. Said revenue shall be used by MHRH and the office of substance abuse (OSA) {ADD department of health ADD} for the purpose of administration, drug education, and treatment.

(D) It shall be unlawful for any person to manufacture, distribute, or possess with intent to manufacture or distribute, an imitation controlled substance. Any person who violates this subsection is guilty of a crime, and upon conviction shall be subject to the same term of imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the controlled substance which the particular imitation controlled substance forming the basis of the prosecution was designed to resemble and/or represented to be; but in no case shall the imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars ($20,000).

(E) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an anabolic steroid or human growth hormone for (i) enhancing performance in an exercise, sport, or game, or (ii) hormonal manipulation intended to increase muscle mass, strength, or weight without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor and upon conviction may be imprisoned for not more than six (6) months or a fine of not more than one thousand dollars ($1,000) or both.

SECTION 6. Section 35-4-18 of the General Laws in Chapter 35-4 entitled "State Funds" is hereby amended as follows:

{ADD 35-4-18. Creation of a health education, alcohol and substance abuse prevention fund -- Purpose. -- ADD} There is hereby created and established in the state treasury a fund to be known as the "health education, alcohol, and substance abuse prevention fund" which shall be funded annually by the general assembly. All moneys now or hereafter in the health education, alcohol, and substance abuse prevention fund are hereby dedicated for the purpose of establishing of continuous health education programs dealing primarily in the areas of alcohol and substance abuse for students in grades kindergarten (K) through twelve (12), in the state of Rhode Island. The department of health , {ADD and ADD} the department of elementary and secondary education , and the the office of substance abuse (OSA) in the executive department are charged with administration of the fund for the purposes specified herein. Independent evaluation of the programs in grades kindergarten (K) through twelve (12) shall be made annually. Costs for evaluation shall be over and above annual appropriations for the department of health , {ADD and ADD} elementary and secondary education , and office of substance abuse . Funds for evaluation shall emanate from the health education, alcohol, and substance abuse fund. Claims against the fund shall be examined, audited and allowed in the manner now or hereafter provided by law.

SECTION 7. Section 31-27-2 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" is hereby amended 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 subsection (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 subsection (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 the analysis is made. Evidence that the defendant had refused to submit to the 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 the 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 the 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 subsection (a) of this section was afforded the opportunity to have an additional chemical test and the officer arresting or so charging the person informed the 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 an 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 year. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The 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. The person's driving license shall be suspended for a period of one year to two (2) years and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. The 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.

(3)(i) 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. The person's driving license shall be suspended for a period of two (2) years to three (3) years and the individual shall be sentenced to not less than six (6) months nor more than one year in jail. The 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.

(ii) 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 the 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)(i) Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500). The assessment shall be imposed on July 1, 1982 and every year thereafter, 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.

(ii) Any person convicted of a violation under this section shall be assessed a fee. The fee shall be as follows:

(6)(i) 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 ten (10) to sixty (60) hours of public community service, and the 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), and the assessment imposed shall be deposited into the general fund.

(ii) 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 his or her driving license until such time as he or 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 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 mental health, retardation, and hospitals {ADD health ADD} .

(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 administrative adjudication court 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 , the department of substance abuse (OSA), and the department of health. 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 the person may be brought before the court, and after a hearing as to why the order of the court was not followed, may be sentenced to jail for a period not exceeding one year.

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

(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 the 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 the course in an amount not less than twenty-five dollars ($25.00), and a fee of one hundred seventy-five dollars ($175.00), which fee shall be deposited into the general fund.

(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.

SECTION 8. Sections 16-21.2-4, 16-21.2-5, 16-21.2-6, 16-21.2-8 and 16-21.2-9 of the General Laws in Chapter 16-21.2 entitled "Rhode Island Substance Abuse Prevention Act" are hereby amended as follows:

{ADD 16-21.2-4. Substance abuse prevention program. -- ADD} (1) The office of substance abuse (OSA) in the executive department {ADD of health ADD} shall be charged with the administration of this chapter and shall provide grants to assist in the planning, establishment, and operation of substance abuse prevention programs. Grants under this section shall be made to municipal governments or their designated agents according to the following guidelines:

(a) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000); provided, however, in the event that available funding exceeds one million six hundred thousand dollars ($1,600,000) in a fiscal year, those surplus funds are to be divided proportionately among the cities and towns on a per capita basis but in no event shall the city of Providence exceed a maximum grant cap of one hundred seventy-five thousand dollars ($175,000).

(b) In order to obtain a grant, the municipality or its designated agent must in the first year:

(i) Demonstrate the municipality's need for a comprehensive substance abuse program in the areas of prevention and education.

(ii) Demonstrate that the municipality has established by appropriate legislative or executive action, a substance abuse prevention council which shall assist in assessing the needs and resources of the community, developing a three (3) year plan of action addressing the identified needs, the operation and implementation of the overall substance abuse prevention program; coordinating existing services such as law enforcement, prevention, treatment, and education; consisting of representatives of the municipal government, representatives of the school system, parents, and human service providers.

(iii) Demonstrate the municipality's ability to develop a plan of implementation of a comprehensive three (3) year substance abuse prevention program based on the specific needs of the community to include high risk populations of adolescents, children of substance abusers, and primary education school aged children.

(iv) Agree to conduct a survey/questionnaire of the student population designed to establish the extent of the use and abuse of drugs and alcohol in students throughout the local community's school population.

(v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program will be contributed either in cash or in-kind by public or private resources within the municipality.

(2) The office of substance abuse (OSA) {ADD department of health ADD} shall adopt rules and regulations as are necessary and appropriate to carry out the purposes of this section.

{ADD 16-21.2-5. Funding of substance abuse prevention program. -- ADD} (a) Monies to fund the Rhode Island Substance Abuse Prevention Act shall be raised by assessing an additional penalty of thirty dollars ($30.00) for all speeding violations as set forth in section 31-41-4(A), (B), (C) and (D), and section 31-43-5.1. Said monies shall be deposited in a restricted purpose receipt account separate from all other accounts within the Rhode Island Office of Substance Abuse (OSA) {ADD Department of Health ADD} . This account shall be known as the substance abuse prevention fund and shall be utilized by the office of substance abuse (OSA) {ADD department of health ADD} for the administration of the Rhode Island Substance Abuse Prevention Act. The OSA {ADD department of health ADD} may utilize up to ten percent (10%) of these sums for the purpose of administering the Rhode Island substance abuse prevention program.

(b) Grants made under this chapter shall not exceed monies available in the substance abuse prevention fund.

{ADD 16-21.2-6. Timetable for grant applications and disbursement. -- ADD} The office of substance abuse (OSA) {ADD department of health ADD} shall establish guidelines and criteria for the acceptance of grant applications and the disbursement of grants.

16-21.2-8. The duties of the director of the office of substance abuse (OSA). {ADD 16-21.2-8. The duties of the director of the department of health. -- ADD} The director of the office of substance abuse (OSA) {ADD department of health ADD} or his or her designated agent shall make an annual report by September 1, of each year to the governor and the general assembly on the administration of the program.

{ADD 16-21.2-9. Permanent legislative oversight commission on substance abuse prevention. -- ADD} There is hereby established a permanent legislative oversight commission on substance abuse prevention whose purpose it shall be to oversee the implementation and administration of the Rhode Island Substance Abuse Prevention Act and to advise and make recommendations to the general assembly as to the adequacy and efficiency of all statutes, rules, regulations, guidelines, practices, and programs relating to substance abuse prevention. The commission shall consist of twelve (12) members: Five (5) members shall be appointed by the speaker of the house of representatives from among the members of the house of representatives, not more than four (4) of whom shall be from the same political party; three (3) members shall be appointed by the majority leader of the senate from among the members of the senate, not more than two (2) of whom shall be from the same political party; and one member (ex officio) shall be the director of the department of mental health, retardation, and hospitals and one (1) member (ex officio) shall be the director of the office of substance abuse (OSA) {ADD department of health ADD} or designee; and a Rhode Island Substance Abuse Prevention Act task force member to be appointed by the chairperson of the commission; and a public member appointed by the chairperson of the commission. The chairperson of the commission shall be appointed by the speaker of the house of representatives. Members of the commission shall serve without compensation, except that they shall be allowed their actual and necessary expenses incurred in the performance of their duties under this section. The commission may request and shall receive from any instrumentality of the state, including the division of substance abuse of the department of mental health, retardation, and hospitals, OSA {ADD health ADD} and from any municipality or any instrumentality thereof, such information and assistance as it deems necessary for the proper execution of its powers and duties under this section. The commission shall meet at least quarterly and shall report at least annually to the general assembly on its findings and recommendations with respect to:

(a) All existing substance abuse prevention programs;

(b) All rules, regulations, and guidelines promulgated pursuant to the Rhode Island Substance Abuse Prevention Act;

(c) Administration of the Rhode Island Substance Abuse Prevention Act; and

(d) Any other matters relating to substance abuse prevention efforts in the state of Rhode Island.

SECTION 9. Sections 16-21.3-2, 16-21.3-3, 16-21.3-4, and 16-21.3-5 of Chapter 16-21.3 entitled "The Rhode Island Student Assistance Junior High/Middle School Act" are hereby amended as follows:

{ADD 16-21.3-2. Junior high/middle school student assistance program. -- ADD} The office of substance abuse (OSA) in the executive department {ADD of health ADD} shall be charged with the administration of this chapter and shall contract with appropriate substance abuse prevention/intervention agencies to provide student assistance services in junior high/middle schools.

(a) Following the first complete year of operation school systems receiving junior high/middle school student assistance services will be required to contribute twenty percent (20%) of the cost of student assistance counselors to the service provider agency in order to continue the services.

{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 moving motor vehicle violations handled by the Rhode Island administrative adjudication court including but not limited to those violations set forth in section 31-41-4 except for speeding. Said monies shall be deposited in a restricted purpose receipt account separate from all other accounts within the office of substance abuse (OSA) {ADD department of health ADD} . Said restricted purpose receipt account shall be known as the junior high/middle school student assistance fund and the division of the administrative adjudication shall transfer monies from the junior high/middle school student assistance fund to the office of substance abuse (OSA) {ADD department of health ADD} 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) {ADD department of health ADD} may utilize up to ten percent (10%) of such sums, collected from the additional penalty for the purpose of administering the program.

16-21.3-4. The duties of the director of the office of substance abuse {ADD 16-21.3-4. The duties of the director of the department of health. -- ADD} The director of the office of substance abuse (OSA) {ADD department of health ADD} or his or her designated agent shall make an annual report by September 1, 1993, and every year thereafter to the governor and general assembly on the administration of said program and shall by September 1, 1993, submit to the governor and the general assembly the results of an independent evaluation of the substance abuse prevention program created in accordance with this section.

{ADD 16-21.3-5. Permanent legislative oversight commission on substance abuse prevention. -- ADD} The established permanent legislative oversight commission on substance abuse prevention shall oversee the implementation and administration of this chapter and shall advise and make recommendations to the general assembly as to the adequacy and efficiency of all statutes, rules, regulations, guidelines, practices and programs relating to substance abuse prevention. Members of the commission shall serve without compensation, except that they shall be allowed their actual and necessary expenses incurred in the performance of their duties under this section. The commission may request and shall receive from any instrumentality of the state, including the division of substance abuse of the department of mental health, retardation and hospitals, the office of substance abuse (OSA) {ADD health ADD} , and from any municipality or any instrumentality thereof, such information and assistance as it deems necessary for the proper execution of its powers and duties under this section. The commission shall meet at least quarterly and shall report at least annually to the general assembly on its findings and recommendations with respect to (a) all existing substance abuse prevention programs; (b) all rules, regulations and guidelines promulgated pursuant to this chapter; (c) administration of this chapter; (d) any other matters relating to substance abuse prevention efforts in the state of Rhode Island. The legislative oversight commission shall have the authority to designate or commit after careful evaluation unexpended funds from this chapter and chapter 16-21.2 of this title to appropriate substance abuse prevention programming and/or planning.

SECTION 10. Chapter 42-50 of the General Laws entitled "Substance Abuse Advisory Council" is hereby repealed in its entirety.

42-50-1. Definitions. -- As used in this chapter:

(2) "Director" shall mean the director of the office of substance abuse (OSA) in the executive.

42-50-2. Creation--purposes. -- There is hereby created a substance abuse advisory council whose purpose it shall be to:

(3) Convene ad hoc planning/study groups in order to anticipate developing needs of the system and client populations. Participation on these study groups shall be sought from representatives of the academic, professional, and potential client communities. These planning/study groups shall be formed for the purpose of providing specific policy and programmatic recommendations to the council and the director. The director is hereby authorized to develop and promulgate such policies and procedures as are deemed necessary in regard to the formulation of the planning/study groups.

42-50-3. Duties. -- (1) The council shall meet at least six (6) times in any calendar year;

(3) The council shall oversee the provision of any and all alcohol and other drug abuse related services provided in Rhode Island, and shall pursue any and all information deemed necessary by the council in order to fulfill this mission.

42-50-4. Staff. -- It shall be the responsibility of the office of substance abuse (OSA) to provide the necessary staff to assist the council in the performance of its designated functions.

42-50-6. Composition of council. -- (a) The council shall consist of fifteen (15) members; two (2) of whom shall be from the house of representatives, one from each political party, to be appointed by the speaker, to serve for their legislative term; two (2) of whom shall be from the senate, one from each political party, to be appointed by the majority leader, to serve for their legislative term; eleven (11) of whom shall be appointed by the governor from the general public representing such community interests as alcohol treatment professionals, drug treatment professionals, prevention professionals, medical professionals, clients of drug and alcohol treatment programs, the judiciary, criminal justice officials, providers of higher education, local government officials, adolescents, women, and minorities. All members shall have demonstrable expertise in, or experience with, alcohol and other drug abuse related services in Rhode Island.

(c) The governor shall select a chairperson from among the membership of the council to serve at the pleasure of the governor.

42-50-7. Appointments -- Participation requirements -- Procedures. -- (a) Members of the general public shall be appointed by the governor. Members shall serve overlapping terms of three (3) years each. Members shall be eligible to succeed themselves.

(c) Regular participation is required of all members: the director and the council are hereby authorized to develop and promulgate rules and regulations for the removal and replacement of nonparticipating members.

42-50-8. Compensation -- Staff -- Advice from other agencies -- Office space. -- (a) The membership of the council shall receive no compensation for their services. The director shall provide the clerical and administrative support required to develop and evaluate the comprehensive state plan.

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

42-50-9. Subpoena power. -- (a) The council is hereby specifically authorized to require the attendance of witnesses by subpoena or otherwise and to require the production of books, papers, and documents.

Dated at on the day of in the year.

SECTION 11. Title 42 of the General Laws entitled "State Affairs and Government" is hereby amended by adding thereto the following chapter:

{ADD 42-50.1-1. Definitions. -- ADD} {ADD As used in this chapter:

(1) "Conference" shall mean the substance abuse treatment conference.

(2) "Director" shall mean the director of the department of health.

(3) "Department" shall mean the department of health. ADD}

{ADD 42-50.1-2. Creation -- Purposes. -- ADD} {ADD There is hereby created a substance abuse treatment services conference whose purpose it shall be to:

(1) Advise the governor and general assembly, on broad policies, goals, and operations of the alcohol and other drug abuse program and on other matters the director refers to it and to encourage public understanding and support of the substance abuse program;

(2) Adopt a comprehensive state plan which may be required as a condition of eligibility for benefits or grants under any appropriate federal act or acts and also for its own use; and

(3) Convene ad hoc planning/study groups in order to anticipate developing needs of the system and client populations. Participation on these study groups shall be sought from representatives of the academic, professional, and potential client communities. These planning/study groups shall be formed for the purpose of providing specific policy and programmatic recommendations to the council and the director. ADD}

{ADD 42-50.1-3. Membership. -- ADD} {ADD (a) The conference shall consist of seven (7) members; one (1) of whom shall be the director of health, one (1) of whom shall be the director of mental health, retardation and hospitals; one (1) of whom shall be the director of the department of children, youth and families; one (1) of whom shall be the director of the department of human services; one (1) of whom shall be a representative of the Rhode Island council of community mental health centers, whose term shall expire June 30, 1996; and two (2) of whom shall be representatives of the drug and alcohol treatment association of Rhode Island, whose terms shall expire June 30, 1997-1998 respectively.

(b) The conference shall select a chairperson from the membership.

(c) Upon the expiration of each initial term and upon the expiration of each term thereafter, the appointing authority shall appoint a successor to serve for a term of four (4) years so that for the public members there shall be a staggered term for four (4) years each. ADD}

{ADD 42-50.1-4. Compensation -- Staff -- Advice from other agencies -- Office space. -- ADD} {ADD (a) The membership of the conference shall receive no compensation for their services. The director shall provide the clerical and administrative support required to develop and evaluate the comprehensive state plan, and any other needs of the conference.

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

(c) The director is hereby authorized and directed to provide suitable quarters for the conference. ADD}

{ADD 42-50.1-5. Duties. -- ADD} {ADD (1) The conference shall be responsible for oversight of the implementation and administration of all substance abuse treatment programs including but not limited to:

(a) Any ongoing treatment services or plans

(b) monitoring interagency cooperation on substance abuse issues

(c) evaluating all quantative service data to determine the effectiveness of treatment services and

(d) proposing alternative treatment initiatives or programs when available.

(2) The conference shall meet not less than four (4) times per year at the call of the chairperson.

(3) At each meeting the director shall report to the conference regarding the implementation of the division of substance abuse treatment services, including short term and long term plans or programs.

(4) The conference shall review any proposal for the development of any new facility for substance abuse treatment contemplated by the department or required pursuant to chapter 15 of title 23.

(5) The chairperson of the conference has the authority to develop sub-committees for any purpose consistent with the responsibilities outlined in this chapter. ADD}

{ADD 42-50.1-6. Reporting. -- ADD} {ADD The conference shall report on a quarterly basis to the governor and the general assembly on the status of substance abuse treatment programs including but not limited to information and data pertaining to populations of those receiving services, groups or individuals in need of services, peculiarities on census counts by region, interdepartmental service issues and any other issue affecting the delivery of treatment services. ADD}

{ADD 42-50.1-7. Subpoena power. -- ADD} {ADD (a) The council is hereby specifically authorized to require the attendance of witnesses by subpoena or otherwise and to require the production of books, papers, and documents.

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

Sc. To of greeting:

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

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

Dated at on the day of in the year. ADD}

SECTION 12. Sections 42-109-3, 42-109-4, 42-109-6, 42-109-7, and 42-109-9 of the General Laws in Chapter 42-109 entitled "The Omnibus Substance Abuse Prevention Act" are hereby amended as follows:

{ADD 42-109-3. Duties of permanent legislative oversight commission on substance abuse prevention. -- ADD} The permanent legislative oversight commission on substance abuse prevention established pursuant to the provisions of section 16-21.2-9 shall provide oversight on the implementation and administration of this chapter and shall advise and make recommendations to the general assembly as to the adequacy and efficiency of all statutes, rules, regulations, guidelines, practices, and programs relating to substance abuse prevention. Members of the commission shall serve without compensation, except that they shall be allowed their actual and necessary expenses incurred in the performance of their duties under this chapter. The commission may request and shall receive from any instrumentality of the state, including the division of substance abuse of the department of mental health , retardation and hospitals, the office of substance abuse (OSA) in the executive department, and from any municipality or any instrumentality thereof, such information and assistance as it deems necessary for the proper execution of its powers and duties under this chapter.

{ADD 42-109-4. Health education drug-free community program. -- ADD} (A) The division of substance abuse in the department of mental {ADD health ADD} , retardation and hospitals with the assistance of and the cooperation of the permanent legislative commission on substance abuse prevention, shall issue a request for proposals for a municipal model program to be known as the health education drug-free community program. The purpose of the program is to provide to children and adolescents of the state from kindergarten through grade 8, healthful, enjoyable, social, athletic, and recreational activities within the community.

(B) There is hereby appropriated the sum of twenty-five thousand dollars ($25,000) from the restricted receipt account established in 16-21.3-3 to the department of mental health , retardation and hospitals, in addition to all other sums appropriated to it for the purpose of funding the model program(s) set forth above. The permanent legislative oversight commission on substance abuse prevention shall review the award of the funds in conformity with this chapter and make recommendations to the director.

42-109-6. Training programs to be established by the office of substance abuse in the executive department. {ADD 42-109-6. Training programs to be established by the department of health. -- ADD} The office of substance abuse in the executive department {ADD of health ADD} shall develop and conduct training programs for members of the various community based task forces established on substance abuse prevention established pursuant to 16-21.2. The director of OSA {ADD department of health ADD} or his or her designated agent shall make an annual report by September 1, 1991 and each year thereafter to the commission which shall detail the expenditure of the funds appropriated for the training program or programs.

{ADD 42-109-7. Additional programs to be established by the permanent legislative oversight commission on substance abuse prevention. -- ADD} The office of substance abuse in the executive department {ADD of health ADD} shall in cooperation with and with the assistance of the permanent legislative oversight commission on substance abuse prevention establish the following pilot programs: a young family substance abuse prevention program in the Early Start program of the department of children, youth and families and/or a young family substance abuse prevention program in the Head Start program of the Department of Human Services.

{ADD 42-109-9. Legislative oversight commission. -- ADD} (a) There is hereby created a legislative commission entitled "Legislative Oversight Commission on Special Substance Abuse Programs". The purpose of which shall be to oversee the implementation and administration of all moneys and programs involving the Benjamin Rush Detox Program, the Driving While Intoxicated Program, and the TASC Program, and to report to the director of substance abuse {ADD the department of health ADD} and to the general assembly with advice and recommendations as to the adequacy, efficacy and efficiency of all statutes, rules, regulations, guidelines, practices, and programs relating to said substance abuse programs, and such other matters as it deems appropriate.

(b) The commission shall consist of five (5) members: two (2) of whom shall be appointed by the senate majority leader as follows: one (1) member who shall be a physician licensed to practice medicine in this state and whose medical practice concentrates on substance abuse treatment and prevention; one (1) member who shall be a registered nurse (R.N.) who is licensed in this state and concentrates in substance abuse treatment and prevention; three (3) of whom shall be appointed by the speaker of the house as follows: one (1) member who shall be a certified chemical dependency professional (C.C.D.P.), one (1) member who shall be clinical supervisor of a private or public substance abuse treatment and prevention clinic; and one (1) member who shall be an executive director of a private or public substance abuse treatment agency; provided, however, that no member of the general assembly shall be appointed to the commission. The chairperson of the commission shall be appointed by the speaker of the house of representatives. Members of the commission shall serve without compensation. The commission may request and shall receive from any instrumentality of the state, including the department of substance abuse, department of health, department for children, youth and their families, department of human services and other departments as the commission sees fit and from any municipality or any instrumentality thereof, such information and assistance as it deems necessary for the proper execution of its powers and duties under this section. The commission shall meet at least quarterly and shall report at least annually to the general assembly on its findings and recommendations with respect to any matters relating to those substance abuse treatment programs listed herein.

(c) The commission shall operate in conjunction with the permanent legislative oversight commission on substance abuse prevention established pursuant to the provisions of section 16-21.2-9 and with the permanent legislative oversight commission on substance abuse treatment established pursuant to the provisions of section 41.1-1-12; provided, however, that primary oversight of the Benjamin Rush Detox Program, the Driving While Intoxicated Program, and the TASC Program shall be the function of the commission established herein.

SECTION 13. Sections 5-69-2, 5-69-3, 5-69-4, 5-69-5, 5-69-6, 5-69-7, 5-69-9, 5-69-10, 5-69-11, 5-69-13, and 5-69-14 of the General Laws in Chapter 5-69 entitled "License Procedure for Chemical Dependency Professionals" are hereby amended as follows:

{ADD 5-69-2. Definitions. -- ADD} As used in this chapter:

"Advertise" includes, but is not limited to, the issuing or causing to be distributed any card, sign, or device to any person; or the causing, permitting or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or in any directory, or on radio or television, or by the use of any other means designed to secure public attention.

"ACDP" is an advanced chemical dependency professional certification as per the Rhode Island board for certification of chemical dependency professionals requirements.

"Approved Continuing Education" are research and training programs, college and university courses, in-service training programs, seminars and conferences designed to maintain and enhance the skills of substance abuse counselors or clinical supervisors and which are recognized by the certification board.

"CDCS" is chemical dependency clinical supervisor as per the Rhode Island board for certification of chemical dependency professionals requirements.

"Certification Board" shall be the current Rhode Island board of certification of chemical dependency professionals.

"Clergy" shall include any minister, priest, rabbi, christian science practitioner, or any other similar religious counselor.

"Continuum of care network" means public and private substance abuse care agencies such as detoxification centers, emergency rooms, hospitals, treatment centers, TASC, outpatient and day treatment clinics, and community residences for substance abusers. Such services employ or refer to medical, psychological, health and counseling professions that treat substance abuse and related concerns.

"Department" is the Rhode Island department of substance abuse {ADD health ADD} .

"Director" is the director of the Rhode Island department of substance abuse {ADD health ADD} .

"Documented professional work experience" is a certification board approved form completed by employer or approved supervisor verifying dates of employment and responsibilities.

"Experience" is defined as six thousand (6,000) hours of supervised practice of chemical dependency counseling in a department of substance abuse {ADD or department of health ADD} licensed or certification board approved facility during a sixty (60) month period of time immediately preceding the date of application for licensure.

"Licensing board" {ADD or "Board" ADD} is the board of license {ADD licensing ADD} for chemical dependency professionals.

"Licensed chemical dependency clinical supervisor" is an individual licensed by the licensing board to practice and supervise substance abuse counseling and {ADD who ADD} meets the qualifications set forth in section.

"Licensed chemical dependency professional" is an individual licensed by the licensing board to practice substance abuse counseling and {ADD who ADD} meets the qualifications set forth in this section.

"Recognized education institution" is any educational institution which grants an associate, bachelor, masters, or doctoral degree and which is recognized by the certification board, or by a nationally or regionally recognized educational or professional accrediting organization.

"Supervision" is no less than one hour per week and shall consist of individual or group supervision with a clinician licensed or certified in substance abuse counseling with education, supervisory experience and ethics approved by the certification board.

"Substance abuse" is addictive (chronic or habitual) consumption, injection, inhalation, or behavior of/with substance (such as alcohol and drugs), progressively injuring and afflicting the user's psychological, physical, social, economical, and/or spiritual functioning.

"The practice of substance abuse counseling" is rendering or offering to render professional service for any fee, monetary or otherwise, documented to individuals, families or groups. Those professional services include the application of the specific knowledge, skills, counseling theory and application of techniques to define goals and develop a treatment plan of action aimed toward the prevention, education or treatment in the recovery process of substance abuse within the continuum of care service network. The practice further includes but is not limited to networking and making referrals to medical, social services, psychological, psychiatric, and/or legal resources when so indicated.

{ADD 5-69-3. Title and practice regulation. -- ADD} (a) Any individual licensed under this chapter may use the title "licensed chemical dependency professional" and the abbreviation "LCDP" or the title "licensed chemical dependency clinical supervisor" and the abbreviation "LCDCS" provided that the title and abbreviation correspond to the license held pursuant to this chapter.

(b) No individual shall represent herself or himself as a "licensed chemical dependency professional", "LCDP" "licensed chemical dependency clinical supervisor", "LCDCS" unless she or he is licensed as a "licensed chemical dependency professional" or "licensed chemical dependency clinical supervisor" pursuant to this chapter and provided that the title and abbreviation correspond to the licensed help pursuant to this chapter.

(c) Those currently holding the title "advanced chemical dependency professional" and "chemical dependency clinical supervisor" shall qualify for license application {ADD licensure ADD} as a "licensed chemical dependency professional" and/or licensed chemical dependency clinical supervisor" respectfully {ADD respectively ADD} . These applications must be received within ninety (90) days of passage {ADD the effective date ADD} of this chapter {ADD . ADD} at a licensing fee of twenty-five dollars ($25.00) which shall be valid for the duration of the applicant's advanced chemical dependency professional certificate or advanced chemical dependency clinical supervisor certificate. Thereafter, the {ADD The ADD} regular licensing fee of fifty dollars ($50.00) shall apply.

5-69-4. Licensed chemical dependency professional/licensed chemical dependency clinical supervisor privilege. {ADD 5-69-4. Licensed chemical dependency professional/licensed chemical dependency clinical supervisor privilege exemptions. -- ADD} No licensee under this chapter or an employee of licensee may disclose any information which was acquired from clients or persons consulting with the licensee to render professional services except under provisions of the federal regulation 42 CFR part 2.

The provisions of this chapter do not apply to the following individuals:

(1) Qualified members of other professions or occupations engaging in practices similar in nature to chemical dependency counseling provided that they are authorized by the laws of this state to engage in such practices, do not represent themselves as a "licensed chemical dependency professional" or "licensed chemical dependency clinical supervisor";

(2) Students/counselors engaged in entry level internships in a department of substance abuse {ADD health ADD} licensed or certification board approved facility provided that the student/counselor are practicing as part of supervised work or course of study and designated by such titles as "counselor intern," "counselor," or "chemical dependency professional {ADD student ADD} " or others clearly indicating training status;

(3) Nothing in this section shall be construed to prevent members of the clergy, peer group or self-help groups from performing peer counseling or self-help activities which may be, wholly or in part, included as a defined professional service as cited in section 5-69-2, however, that no members of peer group or self-help groups shall use a title stating or implying that they are a Licensed Chemical Dependency Professional or a Licensed Chemical Dependency Clinical Supervisor {ADD unless duly licensed under the provisions of this chapter ADD} .

{ADD 5-69-5. Agency powers. -- ADD} The department of substance abuse shall promulgate rules and regulations as may be reasonably necessary for the administration of this chapter and to further its purposes. The department of substance abuse, on recommendation of the board of chemical dependence professionals shall issue licenses to those qualified under this chapter.

{ADD 5-69-6. Licensing board. -- ADD} Within the department there shall be established a board of licensing {ADD for chemical dependency professionals ADD} . The governor shall appoint a licensing board consisting of nine (9) members.

(1) Of the nine (9) licensing board members, six (6) shall be licensed under this chapter, except that such members constituting the first licensing board shall be persons eligible for licensing.

(2) Licensing board members shall be:

(a) Two (2) {ADD Three (3) ADD} members shall be selected from and represent the general public. At least one member shall have been a consumer of substance abuse counseling services, and one shall be from a minority group as defined by the federal department of health, education, and welfare.

(b) Three (3) {ADD Four (4) ADD} members shall represent the licensed professionals: two (2) shall be licensed chemical dependency professionals and one {ADD two ADD} member {ADD s ADD} shall be a licensed chemical dependency clinical supervisor {ADD s ADD} ;

(c) One member shall represent the department of substance abuse.

(d) {ADD (c) ADD} One licensed member shall be a voting member of the Rhode Island association of alcohol and drug abuse counselors;

(e) {ADD (d) ADD} One licensed member shall be an active member of the drug and alcohol treatment association of Rhode Island.

(3) Licensing board members shall serve without compensation;

(4) Each licensing board member shall take and subscribe to the oath of affirmation prescribed by law and file same in the office of the secretary of state;

(5) The term of office shall be four (4) {ADD three (3) ADD} years, except that of the members of the first licensing board. Three shall be appointed for a term of one (1) year, three for a term of two (2) years, three for a term of three (3) years. At least one member representing the general public, and one member representing a minority group, as defined by the federal department of health, education and welfare, shall be appointed for the initial term of three (3) full years. Successors to these licensing board positions shall be appointed for a term of four (4) {ADD three (3) ADD} years each, except that any person appointed to fill a vacancy shall be for the unexpired term of office. Upon expiration of the term of office, a member shall continue to serve until a successor has been appointed and has qualified. No person shall be appointed for more than two (2) consecutive four (4) {ADD three (3) ADD} year terms;

(6) The governor may remove any member of the licensing board for neglect of duty, malfeasance, conviction of a felony, crime, moral turpitude while in office or for lack of attendance/participation in board meetings. No member may be removed until after a public hearing of these charges, and at least thirty days prior written notice to such accused member of these charges and of the date fixed for such hearings. No licensing board member shall participate in any matter before the licensing board in which pecuniary interest, personal bias, or other similar conflicts of interests is established.

{ADD 5-69-7. Powers and duties of the licensing board. -- ADD} The organization, meeting, and management of the licensing board shall be established by regulations promulgated by the department of substance abuse {ADD health ADD} .

In addition to duties set forth elsewhere in this chapter, the licensing board shall:

(1) Examine and pass on the qualifications of all applicants for licensure under this chapter, and recommend to the director that a license be issued to each qualified successful applicant, therefore attesting to the applicant's professional qualification to practice as a "licensed chemical dependency professional" or a "licensed chemical dependency clinical supervisor";

(2) Recommend that the director adopt rules and regulations that set professional practice standards for licensed chemical dependency professionals and licensed chemical dependency clinical supervisors;

(3) Recommend modifications or amendments deemed necessary to effectuate its purpose;

(4) Be responsible for {ADD making recommendations to the director concerning ADD} all disciplinary functions carried out regarding all licenses under this chapter;

(5) Have such other powers as may be required to carry out the provisions of this chapter.

{ADD 5-69-9. Fees and renewal. -- ADD} The {ADD non-refundable ADD} application fee for licensure shall be fifty dollars ($50.00). Licenses shall be renewed every twenty-four (24) months after initial licensure {ADD two (2) years on October first of even numbered years ADD} upon payment of a fee of fifty dollars ($50.00) and in compliance with such additional requirements as the licensing board shall promulgate {ADD , said requirements may include the establishment of standards for continuing education ADD} .

{ADD 5-69-10. Licensed professionals discipline. -- ADD} Licensees subject to this chapter shall conduct their activities, services, and practice in accordance with this chapter and with any rules promulgated pursuant hereto. The licensing board may recommend to the director refusal to grant a license to, or may {ADD to ADD} suspend, revoke, condition, limit, qualify or restrict the license of any individual who the licensing board {ADD or its designee ADD} , after a hearing, determines:

(a) Is incompetent to practice under the provisions of the act, or is found to engage in the practice of chemical dependency counseling and/or supervision in a manner harmful or dangerous to a client or to the public;

(b) Has obtained or attempted to obtain a license, or renewal therefore, by bribery or fraudulent representation;

(c) Has knowingly made a false statement on a form required by the licensing board;

(d) Has failed to obtain the continuing education credits necessary for relicensing;

(e) Has engaged in sexual relations with a current client, solicited sexual relations with a current client, or committed an act of sexual abuse, or sexual misconduct with a current client;

(f) Has failed to remain free from the use of any controlled substance or any alcoholic beverages to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that he/she is free from use of any controlled substance or any alcoholic beverages which impair his/her ability to conduct with safety to the public the practice authorized by this license;

(g) Has been convicted of a felony, which shall be waived by the board upon presentation of satisfactory evidence that such conviction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his/her conviction does not impair his/her ability to conduct with safety to the public the practice authorized by this license;

(h) Has disciplinary action pending or has revocation, suspension, or probation taken against the licensee in Rhode Island or another state or territory of these United States;

(i) Has failed to maintain confidentiality per federal regulation 42 CFR part 2;

(j) Has engaged in false or misleading advertising;

(k) Has a mental disability which significantly impairs the ability or judgment; (The order of a court that licensee is in need of mental treatment for incompetency shall continue mental disability.); {ADD and ADD}

(l) Has violated any of the provisions of this chapter, or the provisions of any code of ethics adopted by the licensing board.

{ADD 5-69-11. Complaints. -- ADD} All complaints concerning a licensee's business or professional practice shall be received by either the licensing board or the department of substance abuse {ADD health ADD} . Each complaint received shall be logged, recording at a minimum the following information:

Licensee's name;

Name of the complaining party;

Date of complaint;

Brief statement of complaint; and

Disposition.

{ADD 5-69-13. Disciplinary sanctions. -- ADD} The licensing board may recommend that the director impose any of the following sanctions, singly or in combination when it finds that a licensee is guilty of any offenses described in this section:

(a) Revocation of the license;

(b) Suspension of the license for any period of time;

(c) Censure of the licensee;

(d) Issue a letter or reprimand;

(e) Place a licensee on probationary status and require the licensee to submit to any of the following:

(1) Report regularly to the licensing board upon matters which are the basis of probation;

(2) Continue to renew professional education until a satisfactory degree of skill has been attached in those areas which are basis of probation;

(f) Refuse to renew a license;

(g) Revoke probation which has been granted and impose any other discipline provided in this section when the requirements of probation have not been fulfilled or have been violated.

The director may reinstate any licensee to good standing under this chapter, if after hearing the department of substance abuse {ADD health ADD} is satisfied that the applicant's renewed practice is in the public interest.

Upon the suspension or revocation of a license issued under this chapter, a licensee shall be required to surrender the license to the director and upon failure to do so, the director shall have the right to seize the same.

The director may make available annually a list of the names and addresses of all licensees under the provisions of this chapter, and of all persons who have been disciplined within the preceding twelve (12) months.

Any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500), imprisonment for not more than one (1) year, or both.

5-69-14. Severability. {ADD 5-69-15. Severability. -- ADD} The provisions of this chapter are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions.

SECTION 14. Chapter 5-69 entitled "License Procedure for Chemical Dependency Professionals" is hereby amended by adding thereto the following section:

{ADD 5-69-14. Restricted receipt account. -- ADD} {ADD Any fees collected under the provisions of this chapter shall be deposited in a restricted receipt account for the general purposes of the administration of the Division of Professional Regulation, Department of Health. ADD}

SECTION 15. Chapter 24 of title 40.1 of the General Laws is hereby amended to be entitled as follows: Licensing of facilities and programs for the alcoholic, drug abuser, mentally ill, and mentally retarded.

SECTION 16. Sections 40.1-24-1, 40.1-24-2, 40.1-24-16, and 40.1-24-17 of the General Laws in Chapter 40.1-24 entitled "Licensing of Facilities and Programs for the Alcoholic, Drug Abuser, Mentally Ill and the Mentally Retarded" are hereby amended as follows:

{ADD 40.1-24-1. Definitions. -- ADD} As used in this chapter:

(a) "Department" means

(1) The office of substance abuse (OSA) of the executive department, for any and all applications of this chapter that involve the regulation and licensing of facilities, programs, or persons, including substance abuse treatment programs, day and evening treatment, extended residential care programs (including halfway houses, therapeutic communities, transitional and/or longterm care programs and any other community residential program for the treatment of substance abuse); residential rehabilitation; social setting and medical detoxification programs; prevention services, employee assistance programs; student assistance programs; and other substance abuse prevention and intervention professionals.

(2) The {ADD the ADD} department of mental health, retardation and hospitals {ADD . ADD} for any and all applications of this chapter that involve the regulation and licensing of facilities, programs, persons, community residences, day treatment programs, habilitation programs, rehabilitation programs, and adult foster homes intended to provide services to the mentally ill or mentally retarded.

(b) "Facility" means any community residence, day treatment program, rehabilitation program, public or private, excluding hospitals or units within hospitals for the alcoholic, drug abuser, mentally ill or mentally retarded providing program services which do not constitute medical or custodial care, but do offer rehabilitation, habilitation, psychological support, and social guidance.

(c) "Program" means a planned service delivery system structured to provide specific components which are responsive to the needs of those served.

(d) "Person" means any individual, governmental unit, corporation, company, association, or joint stock association and the legal successor thereof.

(e) "Community residence" means any home or other living arrangement which is established, offered, maintained, conducted, managed, or operated by any person for a period of at least twenty-four (24) hours, where, on a twenty-four (24) hour basis, direct supervision is provided for the purpose of providing rehabilitative treatment, habilitation, psychological support, and/or social guidance for three (3) or more persons who are alcoholic, drug abusers, mentally ill or mentally retarded. The facilities shall include but not be limited to group homes, halfway houses, and fully supervised apartment programs. Semi-independent living programs, foster care, and parent deinstitutionalization subsidy aid programs shall not be considered community residences for the purposes of this chapter.

(f) "Day treatment program" means any nonresidential facility which is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide therapeutic intervention to persons who are alcoholic, drug abusers, mentally ill or mentally retarded. These shall include but not be limited, to outpatient programs for the alcoholic, drug abuser, mentally ill or mentally retarded.

(g) "Habilitation program" means any nonresidential facility which is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide training in basic daily living skills and developmental activities, prevocational skills and/or vocational training and placement, and follow-up for the alcoholic, drug abuser, mentally ill or mentally retarded. These shall include but not be limited to early intervention, adult development, work activities, sheltered workshop, advanced workshop, and job development and training programs. Sheltered workshops not exclusively for the alcoholic, drug abuser, mentally ill or mentally retarded shall be excluded for the purposes of this chapter.

(h) "Rehabilitation program" means any facility which is established, offered, maintained, conducted, managed, or operated by any person to provide restorative therapy and/or training to persons who are alcoholic, drug abusers, mentally ill or mentally retarded. These shall include but not be limited to community mental health centers. Sheltered workshops not exclusively for the alcoholic, drug abuser, mentally ill or mentally retarded shall be excluded for the purposes of this chapter.

(i) "Adult foster home" shall mean a private family living arrangement which, through financial support from the parent deinstitutionalization subsidy aid program, provides housing and supervision to two or more adults who are alcoholic, drug abusers, mentally ill or mentally retarded or otherwise eligible under section 40.1-1-10.1. Foster homes serving fewer than two adults, foster home situations wherein the foster parents are natural or adoptive parent(s) or grandparents, and any facility licensed by the department for children and their families shall be excluded for the purposes of this chapter.

{ADD 40.1-24-2. Purpose. -- ADD} The purpose of this chapter is to provide for the development, establishment and enforcement of standards (1) for facilities and programs providing rehabilitation, psychological support and social guidance to individuals who are alcoholic, drug abusers, mentally ill or mentally retarded; (2) for the construction, maintenance and operation of facilities which will promote safe and adequate accommodations for individuals who are alcoholic, drug abusers, mentally ill or mentally retarded; (3) and for the establishment of a comprehensive licensing policy with respect to facilities and programs for alcoholics, drug abusers, the mentally ill and the mentally retarded.

{ADD 40.1-24-16. Institutions to which chapter inapplicable. -- ADD} The provisions of this chapter shall not be construed to apply to {ADD substance abuse facilities, ADD} infant's boarding homes, day nurseries, or homes for aged or convalescent persons (chapters 17 and 17.4 of title 23 and chapter 13 of title 40).

{ADD 40.1-24-17. Power to enforce chapter. -- ADD} The director of the Rhode Island state department of mental health, retardation, and hospitals shall have power to enforce the provisions of this chapter in any and all applications of this chapter that involve the regulation and licensing of facilities, programs, persons, community residences, day treatment programs, habilitation programs, rehabilitation programs, and adult foster homes intended to provide services to the mentally ill or mentally retarded. The director of OSA shall have power to enforce the provisions of this chapter in any and all applications of this chapter that involve the regulation and licensing of facilities, programs, persons, community residences, day treatment programs, habilitation programs, rehabilitation programs, and adult foster homes intended to provide services to alcoholics and drug abusers.

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

{ADD 23-17-2. Definitions. -- ADD} As used in this chapter:

(1) "Health care facility" means any institutional health service provider, facility or institution, place, building, agency, or portion thereof, whether a partnership or corporation, whether public or private, whether organized for profit or not, used, operated, or engaged in providing health care services, including but not limited to hospitals; nursing facilities; home health agencies; rehabilitation centers; kidney disease treatment centers; health maintenance organizations; free-standing emergency care facilities, and facilities providing surgical treatment to patients not requiring hospitalization (surgi-centers); and hospice care {ADD , and substance abuse treatment facilities ADD} . The term "health care facility" also includes organized ambulatory care facilities which are not part of a hospital but which are organized and operated to provide health care services to outpatients such as central services facilities serving more than one health care facility or health care provider, treatment centers, diagnostic centers, rehabilitation centers, outpatient clinics, infirmaries and health centers, and neighborhood health centers; providing, however, that the term "health care facility" shall not apply to organized ambulatory care facilities owned and operated by professional service corporations as defined in chapter 5.1 of title 7, as amended (the "Professional Service Corporation Law"), or to a private practitioner's (physician, dentist or other health care provider) office or group of the practitioners' offices (whether owned and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation organization, or association). Individual categories of health care facilities shall be defined in rules and regulations promulgated by the licensing agency with the advice of the health services council. Rules and regulations concerning hospice care shall be promulgated with regard to the "Standards of a Hospice Program of Care," promulgated by National Hospice Organization. Any provider of hospice care who provides such hospice care without charge shall be exempt from the licensing provisions of this chapter but shall meet the "Standards of a Hospice Program of Care." Facilities licensed by the department of mental health, retardation and hospitals, and the department of human services, and clinical laboratories licensed in accordance with chapter 16.2 of this title, as well as Christian science institutions operated, or listed and certified by the first church of Christ, scientist, Boston, Massachusetts shall not be considered health care facilities for purposes of this chapter.

(2) "Person" means any individual, trust or estate, partnership, corporation, (including associations, joint stock companies, and insurance companies) state, or political subdivision or instrumentality of a state.

(3) "Licensing agency" means the Rhode Island state department of health.

(4) "Director" means the director of the Rhode Island state department of health.

(5) "Change in owner" means:

(A) In the case of a health care facility which is a partnership, the removal, addition, or substitution of a partner which results in a new partner acquiring a controlling interest in the partnership;

(B) In the case of a health care facility which is an unincorporated solo proprietorship, the transfer of the title and property to another person;

(C) In the case of a health care facility which is a corporation:

(i) A sale, lease exchange, or other disposition of all, or substantially all of the property and assets of the corporation; or

(ii) A merger of the corporation into another corporation; or

(iii) The consolidation of two or more corporations, resulting in the creation of a new corporation; or

(iv) In the case of a health care facility which is a business corporation, any transfer of corporate stock which results in a new person acquiring a controlling interest in the corporation; or

(v) In the case of a health care facility which is a nonbusiness corporation, any change in membership which results in a new person acquiring a controlling vote in the corporation.

(6) "Change in operator" means a transfer by the governing body or operator of a health care facility to any other person (excluding delegations of authority to the medical or administrative staff of the facility) of the governing body's authority to:

(A) Hire or fire the chief executive officer of the health care facility;

(B) Maintain and control the books and records of the health care facility;

(C) Dispose of assets and incur liabilities on behalf of the health care facility; or

(D) Adopt and enforce policies regarding operation of the health care facility.

This definition is not applicable to circumstances wherein the governing body of a health care facility retains the immediate authority and jurisdiction over the activities enumerated in subdivisions (6)(A) to (6)(D) herein.

(7) "Medical services" means such professional services and supplies rendered by or under the direction of persons duly licensed under the laws of this state to practice medicine, surgery, or podiatry as may be specified by any medical service plan. Medical service shall not be construed to include hospital services.

(8) "Alzheimer's special care unit" means any nursing facility that locks, secures, segregates or provides a special program or special unit for residents with a diagnosis of probable Alzheimer's or a related disorder, to prevent or limit access by a resident outside the designated or separated area; and that advertises or markets the facility as providing specialized Alzheimer/dementia care services.

SECTION 18. Chapter 23-17 of the General Laws entitled "Licensing of Health Care Facilities" is hereby amended by adding thereto the following section:

{ADD 23-17-31.1. Human immunodeficiency virus (HIV) testing -- Facilities for drug abusers. -- ADD} {ADD (a) Every physician or health care provider attending any person for any service offered at a facility for intravenous drug user, shall offer testing for human immunodeficiency virus (HIV) unless deemed inappropriate by the physician. All testing pursuant to this section shall be performed in accordance with sections 23-6-17 and 23-6-18, except where federal confidentiality laws may supersede. The identity of the individuals tested under this section shall be maintained only at the site where the sample is drawn, and shall not be released except as otherwise provided by the statute.

(b) Each person who is offered a test and counseling shall be provided with an "AIDS testing and notification form" which he or she shall sign and date in acknowledgement of the offer.

(c) The department of health shall be responsible for reasonable costs associated with performing and reporting the results of the HIV tests, including the costs of pretest and post test counseling. The reasonable costs shall be negotiated and specified by contract.

(d) All persons tested under this section shall be provided pretest and post test counseling in accordance with regulations adopted by the department of health; provided, however, that the counseling shall be in accordance with acceptable medical standard. ADD}

SECTION 19. Sections 40.1-4.1-1, 40.1-4.1-2, 40.1-4.1-3, 40.1-4.1-4, 40.1-4.1-5 and 40.1-4.1-6 in Chapter 40.1-4.1 of the General Laws entitled "Emergency Commitment for Drug Intoxication are hereby repealed in their entirety.

40.1-4.1-1. Short title. -- This chapter shall be known as the "Emergency commitment for drug intoxication law".

40.1-4.1-2.Definitions. -- Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in any printed forms prepared by the department or the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:

(g) "Approved public treatment facility" means a treatment agency operating under the direction and control of the department or providing treatment under this chapter through a contract with the department.

40.1-4.1-3. General powers and duties. -- (a) The department is charged with the execution of the laws relating to the emergency admission and custody of drug intoxicated individuals.

(b) The department may adopt such rules and regulations as it may deem necessary to carry out the provisions of this chapter to insure the safety and promote the welfare of individuals committed to its custody pursuant to this chapter.

40.1-4.1-4. Emergency commitment. -- (a) Any police officer may take an individual into protective custody and transport him or her to the emergency room of any hospital if the officer has reason to believe that:

(e) Upon the request of any physician making application in writing, under this section, it shall be the duty of any police department of this state or any governmental subdivision thereof to whom the request is made, to take into custody and transport the individual to the approved public treatment facility designated.

40.1-4.1-5. Period of treatment. -- An individual admitted to an approved public treatment facility pursuant to this chapter shall be held for a minimum of twenty-four (24) hours for evaluation, and shall be discharged no later than five (5) days measured from the date of his or her admission.

40.1-4.1-6. Criminal law limitations. -- Nothing in this act affects any law, ordinance, or resolution against driving under the influence of drugs, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of drugs.

SECTION 20. Title 23 of the General Laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:

{ADD 23-10.1-1. Short title. -- ADD} {ADD This chapter shall be known as the "Emergency commitment for drug intoxication law". ADD}

{ADD 23-10.1-2. Definitions. -- ADD} {ADD Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in any printed forms prepared by the department or the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:

(a) "Department" means the state department of health.

(b) "Director" means the director of the state department of health.

(c) "Likely to injure him or herself or others" means (1) a substantial risk of physical harm to the person him or herself as manifested by behavior evidencing serious threats of, or attempts at, suicide or by behavior which will result in serious bodily harm, or (2) a substantial risk of physical harm to other persons as manifested by behavior or threats evidencing homicidal or other violent behavior.

(d) "Drug intoxication" means an altered physiological substance or psychoactive substances, in which normal functioning is seriously impeded.

(e) "Psychoactive substance" means a drug that affects the central nervous system and alters mood, perception, and/or consciousness.

(f) "Physician" means a person duly licensed to practice medicine or osteopathy in this state.

(g) "Approved public treatment facility" means a treatment agency operating under the direction and control of the department or providing treatment under this chapter through a contract with the department. ADD}

{ADD 23-10.1-3. General powers and duties. -- ADD} {ADD (a) The department is charged with the execution of the laws relating to the emergency admission and custody of drug intoxicated individuals.

(b) The department may adopt such rules and regulations as it may deem necessary to carry out the provisions of this chapter to insure the safety and promote the welfare of individuals committed to its custody pursuant to this chapter. ADD}

{ADD 23-10.1-4. Emergency commitment. -- ADD} {ADD (a) Any police officer may take an individual into protective custody and transport him or her to the emergency room of any hospital if the officer has reason to believe that:

(1) The individual is intoxicated by drugs other than alcohol and as a result is likely to injure him or herself or others if allowed to be at liberty pending examination by a licensed physician; or

(2) The individual is in need of immediate assistance due to the use of drugs and requests the assistance.

(b) A physician in charge of an emergency room of a hospital shall determine if any individual brought into the emergency room by a police officer, family member, or other interested person, requires emergency medical treatment for his or her condition or if the individual is appropriate for emergency commitment to an approved public treatment facility by reason of the grounds stated in this section.

(c) If a physician determines, upon examination, that an individual is medically stable and appropriate for emergency commitment to an approved public treatment facility, he or she shall make application for the individual's admission to the approved public treatment facility.

(d) The application for admission shall state the circumstances under which an individual was taken into custody, brought to the emergency room, or brought to an approved public treatment facility and the reason for the physician's determination that the individual needs emergency commitment for drug intoxication.

(e) Upon the request of any physician making application in writing, under this section, it shall be the duty of any police department of this state or any governmental subdivision thereof to whom the request is made, to take into custody and transport the individual to the approved public treatment facility designated. ADD}

{ADD 23-10.1-5. Period of treatment. -- ADD} {ADD An individual admitted to an approved public treatment facility pursuant to this chapter shall be held for a minimum of twenty-four (24) hours for evaluation, and shall be discharged no later than five (5) days measured from the date of his or her admission. ADD}

{ADD 23-10.1-6. Criminal law limitations. -- ADD} {ADD Nothing in this act affects any law, ordinance, or resolution against driving under the influence of drugs, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of drugs. ADD}

SECTION 21. {ADD Severability of Provisions. -- ADD} If any provisions of this article or of any rule or regulation made thereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this article or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or section or parts of any section or sections of this article shall not affect the validity of the remainder of the article.

SECTION 22. {ADD Liberal Construction of Article Required. -- ADD} This article shall be construed liberally in aid of its declared purpose.

SECTION 23. {ADD Transfer determinations. -- ADD} The director of administration, with the approval of the governor, shall make the conclusive determination of the property, records, and appropriation balances, allocations and other funds of the department of substance abuse to be transferred to the department of health in connection with the functions transferred thereto by the provisions of this article.

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

SECTION 24. {ADD 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 health from the department of substance abuse, respectively, may be postponed until after July 1, 1995 until such time as, by executive order of the governor, the transfer herein provided can be put into force and effect.

SECTION 25. {ADD Reporting obligations of the director of administration. -- ADD} The director of administration shall, within one (1) year of the actual transfer of function to the department of health, present through the governor to the general assembly a list of real and personal property and positions under the department of substance abuse at the time of passage of this article which shall come under the direction of the department of health, as well as the specific assignments of functions within the department.

SECTION 26. {ADD Preservation of rights and remedies. -- ADD} The abolition of the department of substance abuse or the transfer of any function as provided in this article shall not impair the obligation of any contract or agreement nor abate any suit, action or other proceeding lawfully commenced by or against the head of any agency or officer of the state of Rhode Island in his or her official capacity or in relation to the discharge of his or her official duties but the court may on motion filed within twelve (12) months after this article takes effect allow such a suit, action or proceeding to be maintained by or against his or her successor of such head or officer under the reorganization effected by this article or, if there be no successor, against such agency or officer which succeeded to the function transferred by this article.

SECTION 27. {ADD Law revision by joint committee on legislative affairs. -- ADD} All general and public laws affected by this article shall be revised, amended, consolidated and conformed by the joint committee on legislative affairs. Wherever in such general and public laws reference is made to the department of substance abuse which are transferred to the department of health pursuant to this article, the joint committee on legislative affairs shall revise, amend, consolidate and conform such reference to effectuate the purpose and intent of this article. Such general and public laws, when so revised, amended, consolidated and conformed, shall be published in the general and public laws.

SECTION 28. This article shall take effect on July 1, 1995.

SECTION 1. Sections 16-16-1 and 16-16-22 of the General Laws in Chapter 16-16 entitled "Teachers' Retirement" are hereby amended to read as follows:

{ADD 16-16-1. Definitions. -- ADD} The following words and phrases used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:

(1) "Retirement system" and "system" shall mean the employees' retirement system of the state of Rhode Island created by chapter 8 of title 36, and "retirement board" shall mean the board established under that chapter.

(2) "Teacher" shall mean a person required to hold a certificate of qualification issued by or under the authority of the board of regents for elementary and secondary education and who is engaged in teaching as his or her principal occupation and is regularly employed as a teacher in the public schools of any city or town in the state, or any formalized, commissioner approved, cooperative service arrangement. The term shall include a person employed as a teacher, supervisor, principal, assistant principal, superintendent, or assistant superintendent of schools, director, assistant director, co-ordinator, consultant, dean, assistant dean, educational administrator, nurse teacher, and attendance officer or any person who has worked in the field of education or is working in the field of education that holds a teaching or administrative certificate and any substitute teacher who serves during a school year at least three-quarters (3/4) of the number of days that the public schools are required by law to be in session during the year. In determining the number of days served by a substitute teacher the total number of days served in any public school of any city or town in the state may be combined for any one school year. The term shall also include a school business administrator whether or not the administrator holds a teaching or administrative certificate . {ADD , and shall also include occupational therapists and physical therapists licensed by the Department of Health, and employed prior to the effective date of this act by a school committee in the state, or by any formalized, commissioner approved, cooperative service arrangement. Except that occupational therapists and physical therapists defined herein who are members of a municipal retirement system may elect within six (6) months of passage of this act to transfer their service credits, assets and contributions to the Rhode Island State Employees Retirement System. ADD}

(3) "Teaching" shall include teaching, supervising, and superintending or assistant superintending of schools.

(4) "Service" shall mean service as a teacher as described in subdivision (2) of this section. Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or assistant superintendent shall be combined in computing periods of service and employment.

(5) "Prior service" shall mean service as a teacher rendered prior to the first day of July, 1949, certified on his or her prior service certificate and allowable as prior service under the provisions of this chapter.

(6) "Total service" shall mean prior service as defined in subdivision (5) of this section, plus service rendered as a member of the system on or after the first day of July, 1949.

(7) "Member" shall mean any person included in the membership of the retirement system under the provisions of this chapter.

(8) "Beneficiary" shall mean any person in receipt of annuity, benefit, or retirement allowance from the retirement system as provided in this chapter.

(9) "Retired teacher" shall mean any teacher who shall have retired prior to July 1, 1949, pursuant to the provisions of chapter 195 of the general laws of 1938, as amended, and who on June 30, 1949, was in receipt of a pension under the provisions of that chapter.

(10) The term "salary" or "compensation" shall include any and all salary paid for teaching services regardless of whether any part of the salary or compensation is derived from any state or federal grant or appropriation for teachers' salaries, as the term is defined in section 36-8-1(11).

(11) Except as otherwise provided in this section, the words and phrases used in this chapter shall, so far as applicable, have the same meanings as they have in chapters 8 to 10, inclusive, of title 36.

(12) The masculine pronoun wherever used shall include the feminine pronoun also.

(13) "Spouse" shall mean the surviving person who was married to a deceased member, but only if the surviving person meets one of the following conditions:

(a) Was married to the deceased member for not less than one year immediately prior to the date on which the member died;

(b) Is the mother or father of the deceased member's child(ren);

(c) Legally adopted the deceased member's child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or

(d) Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years.

(14) "Child" as used herein shall include a stepchild of a deceased member who has been a stepchild for at least one (1) year immediately preceding the date on which the member died or an adopted child of a deceased member without regard to the length of time the child has been adopted.

(15) "Former spouse divorced" shall mean a person divorced from a deceased member, but only if the person meets one of the following conditions:

(a) Is the mother or father of the deceased member's child(ren);

(b) Legally adopted the deceased member's child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or

(c) Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years.

{ADD 16-16-22. Contributions to state system. -- ADD} (a) Each member shall contribute into the system eight and one-half percent (8.5%) {ADD nine and one-half percent (9.5%) ADD} of compensation as his or her share of the cost of annuities, benefits and allowances. The employer contribution on behalf of teacher members of the system shall be in an amount which will pay a rate percent of the compensation paid to the members, according to the method of financing prescribed in the State Retirement Act in chapters 8 to 10, inclusive, of title 36. This amount shall be paid forty-one percent (41.0%) in fiscal year 1989-1990; thirty-six percent (36%) in fiscal year 1990-1991; thirty-two percent (32%) in fiscal year 1991-1992;thirty-six percent (36%) in fiscal year 1992-1993; and forty percent (40%) in fiscal year 1993-1994 and thereafter by the state and fifty-nine percent (59.0%) in fiscal year 1989-1990; sixty-four percent (64.0%) in fiscal year 1990-1991; sixty-eight percent (68.0%) in fiscal year 1991-1992;sixty-four percent (64%) in fiscal year 1992-1993; sixty percent (60.0%) in fiscal year 1993-1994; and thereafter by the city, town, local educational agency, or any formalized commissioner-approved cooperative service arrangement by whom the teacher members are employed, with the exception of teachers who work in federally-funded projects. Provided, however, that the rate percent paid shall be rounded to the nearest hundredth of one percent.

(b) The employer contribution on behalf of teacher members of the system who work in fully or partially federally-funded programs shall be pro-rated in accordance with the share of the contribution paid from the funds of the federal, city, town, or local educational agency, or any formalized commissioner-approved cooperative service arrangement by whom the teacher members are approved.

(c) In case of the failure of any city, town, or local educational agency, or any formalized commissioner-approved cooperative service arrangement to pay to the state retirement system the amounts due from it under this section within the time prescribed, the general treasurer is hereby authorized to deduct such amount from any moneys due the city, town, or local educational agency from the state.

(d) The employer's contribution shared by the state shall be paid in the amounts prescribed above for the city, town, or local educational agency and under the same payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local educational agency or any formalized commissioner-approved cooperative service arrangement shall remit to the general treasurer of the state the local employer's share of the teacher's retirement payments on a monthly basis, payable by the fifteenth of the following month. The general treasurer, upon receipt of the local employer's share, shall effect transfer of a matching amount of monies from the state funds appropriated for this purpose by the general assembly into the retirement fund.

(e) This section is not subject to sections 45-13-7 through 45-13-10.

SECTION 2. Section 36-10-1, of the General Laws in Chapter 36-10 entitled "Retirement System -- Contribution and Benefits" is hereby amended to read as follows:

{ADD 36-10-1. Member contributions -- Deduction from compensation. -- ADD} Each member of the retirement system shall contribute an amount equal to seven and one-half percent (7.5%) {ADD eight and one-half percent (8.5%) ADD} of his or her compensation as his or her share of the cost of annuities, benefits, and allowances; provided, however, that each member will also initially contribute one-eighth of one percent (0.125%) in the fiscal year beginning July 1, 1989 and one-eighth of one percent (0.125%) in the fiscal year beginning July 1, 1990. Any contributions made by employees prior to July 1, 1990 for the purpose of providing health benefits to retirees as provided in section 36-12-4 shall be transferred to each employees' retirement annuity account. Every person being a member of the general assembly and electing to participate in the benefits provided by chapters 8 to 10, inclusive, of this title, in accordance with the provisions of section 36-9-6, shall contribute an amount equal to thirty percent (30%) of his or her compensation. Such contributions shall be made in the form of deductions from compensation.

The deductions provided for herein shall be made notwithstanding that the minimum compensation provided by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein, and shall receipt for his or her full compensation; and payment of compensation, less said deductions, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment except as to the benefit provided under this chapter.

SECTION 3. Chapter 36-8 of the General Laws entitled "Retirement System -- Administration" is hereby amended by adding thereto the following section:

{ADD 36-8-21. Special commission. -- ADD} {ADD (a) There is hereby created a special commission entitled "Special Commission to Study the Alteration of the Pension System for New Employees," the purpose of which shall be to study changes to the current state pension system to be applied to new employees, and to report to the Governor and to the General Assembly with advice and recommendations as to such changes on or before March 1, 1996.

(b) The commission shall consist of nine (9) members as follows:

(1) The director of administration, who shall be chairperson of the commission;

(2) The Governor's policy director;

(3) One (1) member of the House of Representatives as appointed by the speaker of the house;

(4) One (1) member of the state Senate appointed by the majority leader of the senate;

(5) One (1) member appointed by the president of the Rhode Island AFL-CIO who shall be an official of organized labor representing public school teachers in Rhode Island;

(6) One (1) member appointed by the president of the Rhode Island AFL-CIO who shall be an official of organized labor representing state employees; and

(7) Three (3) members of the public appointed by the Governor.

(c) The commission shall be appointed no later than September 1, 1995.

(d) Members of the commission shall serve without compensation.

(e) The commission may request and shall receive from any instrumentality of the state such information and assistance as it deems necessary for the proper execution of its powers and duties under this section.

(f) The commission shall expire on June 30, 1996. ADD}

SECTION 4. This article shall take effect upon passage, and shall be prospective in application and provided further, effective upon the commencement of the one percent (1%) increase in employee contributions, pursuant to sections 1 and 2 of this article, the contributions by the state of Rhode Island and the respective municipality shall be decreased by a rate percent actuarially equivalent to the one percent (1%) increase.

SECTION 1. Section 42-11-13 of the General Laws in Chapter 42-11 entitled "Department of Administration" is hereby amended to read as follows:

{ADD 42-11-13. Rhode Island organ transplant fund. -- ADD} (a) There is hereby created the Rhode Island organ transplant fund, hereinafter referred to as the "fund". The general treasurer shall invest and reinvest the same in accordance with section 35-10-2. The Department of Human Services shall administer the Organ Transplant Program. Disbursement of funds from the fund shall be made by the general treasurer upon receipt by him or her of properly authenticated vouchers from the Department of Human Services.

(b) The fund shall consist of all revenues received pursuant to section 44-30-2.1 and gifts, grants, and donations from public and private sources. All revenues credited to the fund shall not be subject to expenditure except for the purposes hereinafter stated.

(c) The fund shall be used to help defray any expenses of human organ transplants incurred by Rhode Island residents and their families. For purposes of the fund, family shall be limited to the parents or spouse or guardian or next-of-kin of the recipient of the organ transplant. Expenses shall be limited to nonreimbursed costs associated with organ transplants including hospital and medical care, drugs prescribed exclusively for post-organ transplant maintenance (disbursement from fund for maintenance drugs shall be limited to fifty percent (50%) of average wholesale price or fifty percent (50%) of nonreimbursed costs whichever is less), and out-of-state living expenses of the family for a period of not more than sixty (60) days at the time of the organ transplant operation. (The disbursement from the fund for out-of-state living expenses shall not exceed the per diem rate allowed state employees for accommodations and sustenance.) Disbursement from the fund shall not be made until the principal of the fund equals fifteen thousand dollars ($15,000). The general treasurer shall publicly announce when the principal of the fund equals fifteen thousand dollars ($15,000). Application for the disbursement from the fund shall not be made or accepted until the principal of the fund equals fifteen thousand dollars ($15,000). {ADD In addition to the foregoing allowable disbursements, disbursement for organ transplant recipients may be made from the Organ Transplant Fund to meet the recipient's spend-down requirement for the Rhode Island Medical Assistance program (Medicaid), provided that the recipient's income does not exceed twelve thousand dollars ($12,000) per year, and the funds are repaid by the recipient and deposited in the Organ Transplant Fund over the six (6) month Medicaid spend-down period in six (6) equal monthly payments. ADD} Disbursements from the fund shall be in order of applications received.

(d) Disbursements from the fund and the fund itself are not entitlement programs. The fund shall not incur a deficit.

(e) The director of the department of administration {ADD human services ADD} shall promulgate rules and regulations, in accordance with the Administrative Procedures Act, section 42-35-1 et seq., to implement the operation of the fund. The director of the department of administration {ADD human services ADD} or his or her designee shall confer with the general treasurer prior to promulgating rules and regulations.

(f) This fund shall operate prospectively provided, however, a Rhode Island resident on maintenance drugs as set forth in subsection (c) of this section may apply for disbursement after the principal of the fund equals fifteen thousand dollars ($15,000).

SECTION 2. This article shall take effect on July 1 {ADD October 1 ADD} , 1995, and the regulations heretofore adopted by the Department of Administration shall remain in full force and effect until amended or revoked by the Department of Human Services in accordance with chapter 42-35, entitled "Administrative Procedures".

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

{ADD 23-17-38.1. Hospitals -- Licensing fee. -- ADD} (a) There is hereby imposed a hospital licensing fee at the rate of four and forty two one hundredths percent (4.42%) {ADD two and twenty hundredths percent (2.20%) ADD} 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 {ADD June 15, 1996, ADD} and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund in accordance with section 44-50-11. Every hospital shall, on or before October 15, 1994 {ADD April 1, 1996, ADD} make a return to the tax administrator containing the correct computation of gross patient services revenue and the licensing fee due upon such amount. All returns shall be signed by the hospital's authorized representative, subject to the pains and penalties of perjury.

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

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

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

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

SECTION 2. This article shall take effect upon passage and shall apply to hospitals, as defined in section 1, which are duly licensed on the effective date of this article. The licensing fee imposed by section 1 shall be in addition to the inspection fee imposed by section 23-17-38 and to any licensing fee previously imposed and collected in accordance with section 23-17-38.1.

SECTION 1. Chapter 16-7 of the General Laws entitled "Foundation Level School Support" is hereby amended by adding thereto the following sections:

{ADD 16-7-20.5. Computation of regionalization bonus. -- ADD} {ADD For each regional school district, a state share shall be computed and be multiplied by the reference year cost, as defined under section 16-7-16(f), of the basic program, as defined under section 16-7-16(d). Such state share shall equal 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 eight percent (8%); provided further, that the individual communities in the Chariho regional districts shall each receive the applicable increased percentage of those grades serviced by the regional school district. For the fiscal year 1996, the operations aid bonus shall be paid in accordance with section 16-7-20.6 as stated in section 1 of this article.

Reimbursement payments as calculated under this section shall be made in accordance with the monthly distribution defined under section 16-7-20(c). ADD}

{ADD 16-7-20.6. Determination of state's share for fiscal year 1995-1996. -- ADD} {ADD Notwithstanding any provisions to the contrary, the reference year for fiscal year 1995-1996 aid only shall remain the same as that used for fiscal year 1994-1995 aid, and fiscal year 1995-1996 aid shall be distributed using the same dollar amounts and programs used in the fiscal year 1994-1995 distribution in order to maintain the current level and equitable distribution of funds. Additional aid for fiscal year 1995-1996 shall be distributed as follows: (1) two million, two hundred ninety-two thousand, nine hundred four dollars ($2,292,904) in conventional public housing aid to adjust for the fiscal year 1996 overpayment provision and the addition of students residing in the North Kingstown Traveler's Aid housing project; (2) two million, one hundred sixty-three thousand and five hundred twenty-two dollars ($2,163,522) for vocational aid to begin to adjust for the two (2) year reference and academic costs at two thousand dollars ($2,000) per full-time equivalent (FTE) at the state's regional career and technical centers; (3) one million, seven hundred thirty-one thousand, two hundred sixty-two dollars ($1,731,262) to maintain the same level of the operations aid regional bonus as in fiscal year 1995 in a combination of this provision and the other aid distribution methods; and (4) twelve million, sixty-six thousand, one hundred and eighty-one dollars ($12,066,181) in a non-restricted equity fund based on the June, 1994 free and reduced USDA reimbursable school lunch counts to include free milk counts at the kindergarten level. ADD}

SECTION 2. Sections 16-7-20, 16-7-23 and 16-7-34.3 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" are 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 zero percent (0%). 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 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; provided further that the individual communities in the Chariho regional districts shall each receive the seven and five hundredths percent (7.05%) 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 (2.5%) and the September through June payments shall each be nine and one-half percent (9.5%) 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.

(d) 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.

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

(f) 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 supplement any and all monies allocated by a city or town for educational purposes and in no event shall state funds be used to supplant, 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.

(g) 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.

(h) {ADD (g) ADD} Notwithstanding the calculations in subsections (a) and (b), the hospital school at the Hasbro Children's Hospital shall be reimbursed eighty thousand dollars ($80,000) in the fiscal year ending June 30, 1995, and thereafter 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, and subject to annual appropriations by the general assembly including but not limited to expenditures for educational personnel, supplies and material in the prior fiscal year.

{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. For fiscal year 1995 {ADD 1996 ADD} , each community shall contribute funds to its school committee an amount not less than its fiscal year 1994 {ADD 1995 ADD} contribution for schools. The courts of this state shall enforce this section by writ of mandamus.

{ADD 16-7-34.3. Reimbursement by the state for conventional public housing students. -- ADD} (a) Each school district shall be reimbursed for expenditures for services and instructional programs for students residing in conventional public housing units owned by public housing authorities which are not on local tax rolls. Reimbursement shall be made when the services and programs have been carried out in accordance with the requirements of state law and regents' regulations. For the fiscal year ending June 30, 1988, and each year thereafter, the following formula shall be used to distribute aid for the students residing in the public housing units:

(b) The following formula and definitions are to be used to determine the entitlement for each school district:

The incentive entitlement for a district shall be the product of the average per pupil cost for the district, the number of full time equivalent pupils in grade 12 and below residing in conventional public housing, and the state share ratio for the district.

In this formula the terms shall have the following meanings:

(i) "Incentive entitlement" means the sum payable to a local school district under this formula.

(ii) "Average per pupil costs for the district" means all expenditures approved by the state board of regents for elementary and secondary education as defined in section 16-7-20 of the general laws plus the costs of special education required under chapter 16-24 of the general laws divided by average daily membership of pupils as defined in section 16-7-22(a).

(iii) "State share ratio" means the effective state share ratio as calculated under section 16-7-20, "Determination of state's share."

(iv) "Conventional public housing" means those properties identified as eligible low rent housing projects under title I of P.L. 81-874, 20 U.S.C. section 236 et seq.

Effective with aid provided July 1, 1992, students living on property owned by the solid waste management corporation shall also be included in computations under this section. Payment under this provision for students living on property owned by the solid waste management corporation shall, however, begin in fiscal year 1994.

{ADD Effective with aid provided July 1, 1995, students living in the North Kingstown Traveler's Aid housing project shall also be included in computations under this section. ADD}

(c) Further, no school district shall receive for conventional public housing students more than one hundred percent (100%) of its expenditures in the reference year from a combination of state operations aid as calculated in accordance with sections 16-7-15 through 16-7-34 of the general laws and reimbursement aid for conventional public housing students as calculated in accordance with this section.

(d) {ADD (c) ADD} For the fiscal year 1991-1992 and each year thereafter, an amount shall be appropriated for the purpose of reimbursing school districts as required pursuant to subsection (a) for conventional public housing.

(e) {ADD (d) ADD} If the sum appropriated in subsection (d) {ADD (c) ADD} is not sufficient to pay in full the amount for conventional public housing which each city and town is entitled to receive in any fiscal year, the maximum amount which all cities and towns are entitled to receive under this section shall be deducted from the sum appropriated for all cities and towns under section 16-7-20, beginning in 1992-1993. If after final allocation of sections 16-7-15 through 16-7-34, a district receives more than one hundred percent (100%) reimbursement, such excess shall be deducted from this conventional public housing allocation in the following fiscal year.

(f) {ADD (e) ADD} Reimbursement payments as calculated under this chapter shall be made according to section 16-7-16. All payments under this chapter shall be used exclusively to support services for conventional public housing students.

(g) {ADD (f) ADD} Expenditure reports shall by submitted by the local school districts to the commissioner of elementary and secondary education in accordance with rules and regulations of the board of regents for elementary and secondary education.

SECTION 3. Section 16-1-14 of the General Laws in Chapter 16-1 entitled "State Department of Education" is hereby amended to read as follows:

{ADD 16-1-14. Breakfast program established. -- ADD} (a)(1) For the 1994-1995 {ADD 1995-1996 ADD} school year, any school district may, with the consent of the Joint Committee on Legislative Services established by section 22-11-1 of the general laws, establish a pilot school breakfast program.

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

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

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

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

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

SECTION 4. This article shall take effect upon passage.

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

SECTION 2. Chapter 40-6 of the general laws entitled "Public Assistance Act" is hereby amended by adding thereto the following section:

{ADD 40-6-28. Interim cash assistance for the disabled. -- ADD} {ADD (a) Interim cash assistance payments shall be provided to individuals determined by the director or his or her designee to have applied for and to have been approved for medical assistance ("Medicaid") under Title XIX of the Social Security Act [42 U.S.C. 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.

(b) Interim cash assistance payments shall continue until the recipient of such payments receives disability benefits from the Social Security Administration or until he or she has exhausted available administrative appeals. The individual may be required to present documentation that he or she is actively pursuing his or her claim.

(c) The department is authorized and directed to make payments of interim cash assistance to eligible recipients hereunder up to the standards of assistance established pursuant to section 40-6-3.3 of the general laws, and subject to the limits of the annual appropriation provided in subsection (f). In the event that the annual appropriation provided for in subsection (f) is not adequate for the provision of interim cash assistance payments to eligible individuals, the director is authorized to limit the amount and duration of the payments.

(d) The department is authorized to determine income and resource eligibility limits for the interim cash assistance program, provided that such limits shall be no stricter than those established pursuant to section 40-6-3.1 of the general laws.

(e) The department is directed to promulgate regulations to implement the interim cash assistance program including provisions to ensure recoupment of cash assistance by the state upon a determination of a recipient's eligibility for SSI benefits by the Social Security Administration.

(f) Out of the sum appropriated to the department of human services for general public assistance for the state fiscal year ending June 30, 1996, the sum of four hundred thousand dollars ($400,000), net of recoveries of disability benefits from the Social Security Administration, shall be used solely for the purposes and subject to the limitations hereinabove provided, and the state controller is hereby authorized and directed to draw his or her order upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers. The director is authorized to request such appropriations for subsequent state fiscal years as he or she deems necessary to carry out the purposes of this section. ADD}

SECTION 3. This article shall take effect on July 1, 1995.

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, 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 twenty-eight (28) {ADD thirty and one-half (30.5) 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 1994 {ADD 1995 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 July 1, 1994 {ADD July 1, 1995 ADD} and shall be computed at the rate of six (6) {ADD two and one half (2 1/2) ADD} mills per cigarette.

(C) Each person subject to the payment of the tax herein imposed shall, on or before July 12, 1994 {ADD September 1, 1995 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 July 1, 1994 {ADD July 1, 1995 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 twenty-eight (28) {ADD thirty and one half (30.5) 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, 1995.

SECTION 1. Section 42-28.1-6 of the General Laws in Chapter 42-28.1 entitled "Municipal Police--Incentive Pay" are hereby amended to read as follows:

{ADD 42-28.1-6. Payments. -- ADD} (a) Each of the chiefs of the various agencies shall supply to the chief of training, division of personnel, on or before the first day of September of each year, a list of all members of their respective agencies who have received incentive credits. The chief shall certify the amount of incentive pay for each city and town, and the state controller is hereby authorized and directed to draw his orders on the general treasurer for payment to the chief of the sums to be certified to be distributed by him to the several city and town treasurers for payment to the eligible police officers; provided, however, that if the appropriation in any fiscal year is not sufficient to pay in full the total amount which is eligible to be distributed during the fiscal year, the maximum amounts which the eligible police officers are eligible to receive shall be ratably reduced to the level of the appropriation , provided however, the individual shall not receive less than twenty-five percent (25%) of the individual's full incentive . The state shall not be responsible for payment of any of the "eligible expenses" as defined in section 42-28.1-5 but these expenses shall be the exclusive responsibility of the respective city or town.

(b) Individual incentive payments shall remain fixed at the dollar amount obtained by the incentive point score attained as of September 1, 1978, and will not increase until the additional required incentive points have been earned.

(c) No participant in this program shall receive an incentive award in an amount less than the amount he received in the fiscal year ending June 30, 1979.

(d) Those who are participants in this program as of September 1, 1978, and who do not have a degree nor are enrolled in a degree program, must enroll in a degree program by January 1, 1980, in order to be eligible for the incentive award payments.

SECTION 2. Sections 42-28.4-5 and 42-28.4-6 of the General Laws in Chapter 42-28.4 entitled "Municipal Firefighters--Incentive Pay" are hereby amended to read as follows:

{ADD 42-28.4-5. Payments. -- ADD} (a) The chiefs of the various fire departments and fire districts and Cumberland rescue department and emergency service technicians of the town of Lincoln shall supply to the chief of classification and training, division of personnel, on or before the first day of September of each year, a list of all members of the respective departments who have earned incentive credits from July 1, 1970. The chief shall certify the amount of incentive pay for each firefighter or Cumberland rescue personnel and emergency service technicians of the town of Lincoln and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for payment to the chief of such sums to be distributed by him or her to the several city and town treasurers who shall in turn distribute these funds to the eligible firefighters or Cumberland rescue personnel, and emergency service technicians of the town of Lincoln; provided however, that if the appropriation in any fiscal year is not sufficient to pay in full the total amount which is eligible to be distributed during the fiscal year, the maximum amounts which the eligible firefighters or Cumberland rescue personnel, and emergency service technicians of the town of Lincoln are eligible to receive shall be ratably reduced to the level of the appropriation provided however,the individual shall not receive less than twenty-five percent (25%) of the invididual's full incentive .

(b) Individual incentive payments shall remain fixed at the dollar amount obtained by the incentive point score attained as of September 1, 1978, and will not increase until the additional required incentive points have been earned.

(c) No participant in this program shall receive an incentive award in an amount less than the amount he or she received in the fiscal year ending June 30, 1979.

(d) Firefighters who are participants in this program as of September 1, 1978 and who do not have a degree nor are enrolled in a degree program, must enroll in a degree program by January 1, 1980 in order to be eligible for the incentive award payments.

{ADD 42-28.4-6. Appropriation. -- ADD} The state of Rhode Island shall bear the expense for incentive payments. The general assembly shall annually appropriate such sums as it may deem necessary to carry out the provisions of this chapter , but not less than twenty thousand dollars ($20,000) annually ; and the controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or so much thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers.

SECTION 3. This article shall take effect July 1, 1995.

SECTION 1. Sections 42-12.3-2, 42-12.3-3, 42-12.3-4, 42-12.3-5, 42-12.3-6, 42-12.3-7, 42-12.3-8, 42-12.3-10, and 42-12.3-11 of the General Laws in Chapter 42-12.3 entitled "Health Care for Children and Pregnant Women" are amended as follows:

{ADD 42-12.3-2. Purposes. -- ADD} It is the intent of the general assembly to assure access to the comprehensive health care by providing health insurance to all Rhode Islanders who are uninsured;

Universal comprehensive coverage for all Rhode Islanders is a goal to be achieved over the course of several years;

The first step in providing comprehensive health coverage is to assure coverage for the most vulnerable residents of the state;

Uninsured pregnant women and children under age six (6) {ADD eight (8) ADD} are among the most vulnerable residents of the state; and

The governor's health care advisory committee has provided advice and recommendations in its report of January, 1993 to improve access to health care for pregnant women and children up to age six (6);

The objectives to meet the goal of comprehensive health coverage are:

(1) every child under age six (6) {ADD eight (8) ADD} in Rhode Island will have a reliable source of health coverage and health care;

(2) every pregnant woman in Rhode Island will have early and comprehensive prenatal and maternity care services;

(3) all low income families will have improved access to family planning and reproductive services;

(4) every pregnant woman and child in Rhode Island will receive effective, preventive primary care, and

To assure access to care and availability of services, the following principles will guide the design of the health care act:

(1) there will be equal access to health care for children and pregnant women, regardless of the type of coverage;

(2) there shall be an emphasis on primary and preventive care which will include a "medical home" for every child;

(3) current deficiencies in the fee for service delivery system will be addressed;

(4) in addition to accessibility of health care, provisions must be made to address language, cultural and transportation barriers;

(5) enrollment must be both timely and accomplished in a user friendly fashion;

(6) an adequate source of primary care providers should be developed;

(7) an enhanced set of services should be developed to support and address the needs of families at risk.

{ADD 42-12.3-3. Medical assistance expansion for pregnant women/RIte Start. -- ADD} (a) The director of the department of human services is authorized to amend its title XIX state plan pursuant to title XIX [42 U.S.C. 1396 et seq.] of the Social Security Act to provide Medicaid coverage through expanded family income disregards for pregnant women whose family income levels are between one hundred eighty-five percent (185%) and two hundred fifty percent (250%) of the federal poverty level. The department is further authorized to promulgate any regulations necessary and in accord with title XIX [42 U.S.C. 1396 et seq.] of the Social Security Act to implement said state plan amendment. The services shall be in accord with title XIX [42 U.S.C. 1396 et seq.] of the Social Security Act.

(b) The director of the department of health {ADD human services ADD} is authorized and directed to establish a payor of last resort program to cover prenatal, delivery and postpartum care. The program shall cover the cost of maternity care for any woman who lacks health insurance coverage for maternity care and who is not eligible for medical assistance under title XIX of the Social Security Act. The director shall promulgate regulations to implement this program. Such regulations shall include specific eligibility criteria; the scope of services to be covered; procedures for administration and service delivery; referrals for non-covered services; outreach; and public education. Excluded services under this paragraph will include, but not be limited to, induced abortion except to prevent the death of the mother.

(c) The department of health and the department of human services shall {ADD may ADD} enter into cooperative agreements {ADD with the department of health and/or other state agencies to provide services ADD} that outline the specific responsibilities of each department relative to individuals eligible for services under paragraphs (a) and (b) above. Said agreements shall be designed to address the coordination of eligibility determinations, the provision of services and the accessibility of services.

(d) The following services shall be provided through the program:

(1) Antepartum and postpartum care;

(2) Delivery;

(3) Cesarean section;

(4) Newborn hospital care;

(5) Inpatient transportation from one (1) hospital to another when authorized by a medical provider;

(6) Prescription medications and laboratory tests;

(e) The department of health {ADD human services ADD} shall provide enhanced services, as appropriate, to pregnant women as defined in paragraphs (a) and (b), as well as to other pregnant women eligible for medical assistance. These services shall include: care coordination, nutrition and social service counseling, high risk obstetrical care, childbirth and parenting preparation programs, smoking cessation programs, outpatient counseling for drug-alcohol use, interpreter services, mental health services, and home visitation. The provision of enhanced services is subject to available appropriations. In the event that appropriations are not adequate for the provision of these services, the department has the authority to limit the amount, scope and duration of these enhanced services.

(f) The department of health {ADD human services ADD} shall provide for extended family planning services for up to twenty-four (24) months postpartum. These services shall be available to women who have been determined eligible for RIte Start or for medical assistance under title XIX [42 U.S.C. 1396 et seq.] of the social security act.

{ADD 42-12.3-4. RIte track. -- ADD} There is hereby established a payor of last resort program for comprehensive health care for children until they reach six (6) {ADD eight (8) ADD} years of age, to be known as "RIte track". The department of human services is hereby authorized to amend its title XIX [42 U.S.C. 1396 et seq.] state plan pursuant to title XIX [42 U.S.C. 1396 et seq.] of the federal social security act to provide for expanded medicaid coverage through expanded family income disregards for children, until they reach six (6) {ADD eight (8) ADD} years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level. The department is further authorized to promulgate any regulations necessary, and in accord with title XIX [42 U.S.C. 1396 et seq.] of the federal social security act to implement said state plan amendment. For those children who lack health insurance, and whose family incomes are in excess of two hundred fifty percent (250%) of the federal poverty level, the department of human services , with the assistance of the department of health, shall promulgate necessary regulations to implement the program. The department of human services , with the assistance of the department of health, is further directed to ascertain and promulgate the scope of services that will be available to those children whose family income exceeds the maximum family income specified in the approved title XIX [42 U.S.C. 1396 et seq.] state plan amendment.

{ADD 42-12.3-5. Managed care. -- ADD} The delivery and financing of the health care services provided pursuant to sections 42-12.3-3 and 42-12.3-4 shall be provided through a system of managed care.

A managed care system integrates an efficient financing mechanism with quality service delivery, provides a "medical home" to assure appropriate care and deter unnecessary and inappropriate care, and places emphasis on preventive and primary health care. In developing a managed care system the department of human services shall consider managed care models recognized by the health care financing administration. The department of human services is hereby authorized and directed to seek any necessary approvals or waivers from the U.S. department of health and human services, health care financing administration, needed to assure that services are provided through a mandatory managed care system. Certain health services may be provided on an interim basis through a fee for service arrangement upon a finding that there are temporary barriers to implementation of mandatory managed care for a particular population or particular geographic area. Nothing in this section shall prohibit the department of health {ADD human services ADD} from providing enhanced services to medical assistance recipients within existing appropriations.

{ADD 42-12.3-6. Eligibility and services. -- ADD} The department of human services and the department of health shall {ADD may ADD} enter into any necessary cooperative agreements {ADD with the department of health and/or other state agencies ADD} required to assure that for both the RIte Start and the RIte Track Programs enrollment, eligibility and service delivery can be determined and provided in a timely, efficient and user friendly manner. The cooperative agreements shall permit eligible persons to be enrolled at community health centers and other community-based organizations. The department of human services is hereby directed to assign enrollment workers to such centers and organizations as may be necessary to achieve the purposes of this section. The benefit package for the RIte Track program shall include multi-disciplinary evaluation and treatment for children with significant developmental disabilities and developmentally delayed children enrolled in RIte Track.

{ADD 42-12.3-7. Financial contributions. -- ADD} The department of human services , with the assistance of the department of health, may require the payment of enrollment fees, sliding fees, deductibles, co-payments, and/or other contributions based on ability to pay. These fees shall be established by rules and regulations to be promulgated by the department of human services.

{ADD 42-12.3-8. Enhanced services for children. -- ADD} The department of health, with the assistance of the department of human services , shall develop a panel of enhanced services to be available as appropriate to RIte Track and medical assistance recipients under the age of six (6) {ADD eight (8) ADD} , who are considered at risk, as defined by department of health {ADD human services ADD} regulations. These services shall include, but not be limited to: care coordination, home visitation, nutrition counseling, parenting skills education. These services may be performed through a fee for service, contractual arrangement, or capitated rate as determined by the department of health {ADD human services ADD} . The provision of enhanced services is subject to available appropriations; in the event that appropriations are not adequate for the provision of these services, the department has the authority to limit the amount, scope, and duration of these enhanced services. Nothing in this section shall prohibit the department of health {ADD human services ADD} from providing enhanced services to a medical assistance recipient, within existing appropriations.

{ADD 42-12.3-10. Administration. -- ADD} The department of health and the department of human services shall {ADD may ADD} cooperate through inter-agency cooperative agreements, {ADD with the department of health and/or other state agencies ADD} , and any other agreements they deem necessary, to assure that health care services for eligible pregnant women and children under the age of six (6) {ADD eight (8) ADD} are provided in an efficient and timely basis. The department of health {ADD human services ADD} shall monitor and evaluate the medical services and health outcomes of clients served by the RIte Track and RIte Start programs. The department of health and the department of human services shall be responsible for assuring marketing, enrollee relations, quality assurance, provider recruitment, and network development. The department s are {ADD is ADD} hereby authorized to promulgate any and all necessary rules and regulations to carry out the intent of this chapter.

{ADD 42-12.3-11. Appropriations -- Authorization to pay for health care. -- ADD} The general assembly shall annually appropriate to the department of human services and the department of health such sums as it may deem necessary to carry out the purposes of this chapter. Authorization to pay for health care services specified in this chapter shall be made by representatives of the department of human services and the department of health , and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums or so much thereof as may be required from time to time, upon the receipt by him or her of properly authenticated vouchers, provided, however, that the department of human services and the department of health may enter into cooperative agreements for the transfer of funds to effectuate the purposes set forth in this act.

SECTION 2. Chapter 42-12.3 of the General laws entitled "Health Care for Children and Pregnant Women," is hereby amended by adding thereto the following new section:

{ADD 42-12.3-15. Expansion of RIte track program. -- ADD} {ADD The Department of Human Services is hereby authorized and directed to submit to the United States Department of Health and Human Services an amendment to the "RIte Care" waiver project number 11-W-0004/1-01 to provide for expanded medicaid coverage for children unti they reach eight (8) years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level. Expansion of the RIte track program from the age of six (6) until they reach eight (8) years of age in accordance with this chapter shall be subject to the approval of the amended waiver by the United States Department of Health and Human Services. ADD}

SECTION 3. Section 40-6-5.3 of the General Laws in Chapter 40-6 entitled "Public Assistance Act" is hereby amended as follows:

{ADD 40-6-5.3. AFDC medical assistance -- Managed care system. -- ADD} In order to ensure that recipients of Aid to Families with Dependent Children (AFDC) have access to quality and affordable health care, the department of human services with the assistance of the department of health is authorized to plan and to implement a system of health care delivery through a mandatory managed care health system for AFDC recipients. Managed care is defined as a system that: integrates an efficient financing mechanism with quality service delivery; provides a "medical home" to assure appropriate care and deter unnecessary and inappropriate care; and places emphasis on preventive and primary health care.

The department of human services , with the assistance of the department of health is authorized to obtain any approval and/or waivers from the U.S. department of health and human services, health care financing administration, necessary to implement a mandatory managed health care delivery system. Prior to submitting such request for approvals and/or waivers, the department shall submit them to the medical assistance advisory committee for comprehensive review and comment. Subsequent applications shall be submitted to the medical assistance advisory committee at least one (1) month prior to submission. The medical assistance advisory committee, to the extent not prohibited by federal law or regulation, shall include legislative members. The goals of the state are (1) to begin the mandatory managed care system on an incremental basis beginning January, 1994 and (2) to enroll fifty percent (50%) of AFDC recipients by July 1, 1994. The department shall identify those initial populations and geographical areas where managed care shall begin. The department of health, in cooperation with the department of human services , shall annually develop and implement a survey and evaluation of all managed care programs to measure health status outcomes and consumer satisfaction. These results shall be published and made available to the public. {ADD The department of human services may enter into cooperative agreements with the department of health, other state agencies and/or service providers to effectuate the purposes of this section. ADD}

SECTION 4. This article shall take effect on July 1, 1995, and the regulations heretofore adopted by, or with the assistance of the department of health pursuant to the authority of chapter 42-12.3 and section 40-6-5.3 of the general laws, shall remain in full force and effect until amended or revoked by the department of human services in accordance with chapter 42-35, entitled "Administrative Procedures".

SECTION 1. Section 8-2-1 of the General Laws in Chapter 8-2 entitled "Superior Court" is hereby amended to read as follows:

{ADD 8-2-1. Composition. -- ADD} There shall be a superior court which shall consist of a presiding justice and twenty-two (22) {ADD twenty-one (21) ADD} associate justices except as provided in section 8-2-1.2 .

SECTION 2. Section 8-2-1.2 of the General Laws in Chapter 8-2 entitled "Superior Court" is hereby repealed.

8-2-1.2. Vacancy after December 31, 1996. -- (a) The first vacancy which occurs in the position of associate justice of the superior court after December 31, 1996 shall not be filled and the number of associate justices shall be reduced from twenty-two (22) to twenty-one (21).

SECTION 3. This article shall take effect upon passage.

SECTION 1. Section 23-1-3 of the General Laws in Chapter 23-1 entitled "Department of Health" is hereby amended to read as follows:

{ADD 23-1-3. Maintenance of laboratories. -- ADD} The director of health shall maintain pathological, bacteriological, and chemical laboratories and shall select in accordance with law qualified persons to conduct and supervise the pathological, bacteriological and chemical researches made in such laboratories.

(A) The director of health is authorized to establish and modify fees by regulation for all laboratory services provided by the department of health laboratory. Monies collected from the fee system shall be used by the director to develop and provide such services. The fees as established by the director shall be related to the costs incurred in operating the laboratory and may include administrative, personnel, equipment, supplies, overhead, and such other related costs necessary to develop and provide laboratory services. All fees collected under this section {ADD , except those fees in subsection (F)-(H) ADD} shall be placed into a restricted receipt account to support the laboratory programs.

(B) The testing program for such clinical tests as designated by the director in regulation shall be a covered benefit and shall be reimbursable by all health insurers, as defined in section 27-38-6, providing health insurance coverage in Rhode Island except for supplemental policies which only provide coverage for specific diseases, hospital indemnity medicare supplements, or other supplemental policies. The charges for such testing programs shall be borne by the hospitals or other licensed health-care providers and facilities in the absence of a third-party payor. Fees shall be placed in the restricted receipt account described in (A) above to cover the costs to provide laboratory services to those programs.

(C) A portion of the funds currently placed in the general fund that are derived from licensure or registration fees charges under chapters 21-2 (Milk Sanitation Code), 21-9 (Frozen Dairy Products), 21-11 (Meats), 21-23 (Non-alcoholic Bottled Beverages, Drinks and Juices), 21-27 (Sanitation in Food Establishments), 23-20.8 (Licensing of Massage Parlors), 23-21 (Licensing of Recreational Facilities), 23-22 (Licensing of Swimming Pools), and 46-13 (Public Drinking Water Supply) of the general laws shall be placed in the restricted receipt account described in (A) above to cover the costs to provide laboratory services to those programs. The costs of the laboratory services shall be established by the director in regulation.

(D) All funds received under chapter 23-16-2, Laboratories, shall be placed into the restricted receipt account described in (A) above.

(E) The provisions of sections 45-13-7 through 45-13-10 inclusive shall not apply to this section.

(F) In addition to any other fine, assessment, penalty or forfeiture provided by law, the administrative adjudication division {ADD court ADD} shall collect an assessment of one hundred dollars ($100) from each defendant who is required to attend a special course on driver retraining, except from those who are ordered to attend a special course on driving while intoxicated, described in section 31-27-2 of the general laws, by the administrative adjudication division {ADD court ADD} .

(G) In addition to any other fine, assessment, penalty or forfeiture provided by law, the court shall collect the sum of one hundred and eighteen dollars ($118) for each drug-related charge from every defendant who is convicted after trial, or who enters a plea of guilty or of nolo contendere, with respect to violations of the following chapters and/or sections of the Rhode Island general laws, 1956, as amended, which shall include but not be limited to: 7-15, 11-23-2, 11-23-6, 11-25-23, 21-28, 21-28-4.01, 21-28-4.01.1, 21-28-4.01.2, 21-28-4.02, 21-28-4.03, 21-28-4.04, 21-28-4.05, 21-28-4.06, 21-28-4.07, 21-28-4.07.1, 21-28-4.09, 21-28-4.10, 21-28-4.11, 21-28-4.14, 21-28-4.15, 21-28-4.16, 21-28-4.17, 21-28-4.17.1, 21-28-4.19, 31-27-1.1, 31-27-2.2, 31-27-2.4, 31-27-2.6, 46-22.2, 46-22.2-3, 46-22.2-4, and 46-22.2-5.

(H) In addition to any other fine, assessment, penalty or forfeiture provided by law, the court shall collect the sum of one hundred dollars ($100) for each charge from every defendant who is convicted after trial, or who enters a plea of guilty or of nolo contendere, with respect to violations of the following chapters and/or sections of the Rhode Island general laws, 1956, as amended, which shall include but not be limited to: 11-5-1, 11-5-2, 11-5-2.1, 11-5-4, 11-5-5, 11-5-6, 11-5-7, 11-5-8, 11-5-10, 11-5-10.1, 11-5-10.2, 11-5-10.3, 11-5-10.4, 11-5-11, 11-5-14, 11-5-14.1, 11-8-1, 11-8-2.1, 11-8-2.2, 11-8-2.3, 11-8-2.4, 11-8-3, 11-8-4, 11-8-9, 11-23-1, 11-23-2.1, 11-23-3, 11-25-2, 11-25-3, 11-25-4, 11-26-1, 11-26-1.4, 11-29-1, 11-37-2, 11-37-4, 11-37-6, 11-37-8.1, 11-37-8.3, and 11-39-1.

(I) The clerk of the court and/or administrative adjudication division shall transmit to the director of health at least once each month the assessments collected pursuant to (F)-(H) above and an itemized statement of the assessments collected. All assessments shall be placed into a restricted receipt account in the department of health, division of laboratories to cover the costs to provide forensic laboratory services {ADD All fees collected in subsections (F)-(H) shall be placed in the general fund ADD} .

SECTION 2. This article shall take effect July 1, 1995.

SECTION 1. Section 3 of Article 75 of chapter 133 of the 1992 Public Laws entitled "An Act Making Appropriations For The Support of the State of Rhode Island For The Fiscal Year Ending June 30, 1993" is hereby amended to read as follows:

Section 3. The provisions of this act shall be repealed on the earlier of:

(a) the repeal or restrictive amendment of those provisions of the Medicaid Voluntary Contribution and Provider-Specific Tax Amendments of 1991 (Public Law 102-234) that permit federal financial participation to match state funds generated by taxes, or

(b) September 30, 1997 {ADD . ADD} if required by said Public Law 102-234.

SECTION 2. Section 44-51-3 of the General Laws in Chapter 44-51 entitled "Nursing Facility Provider Assessment Act" is hereby amended to read as follows:

44-51-3. Imposition of assessment -- Nursing facilities -- [Repealed effective September 30, 1995.] -- {ADD 44-51-3. Imposition of assessment -- Nursing facilities. -- ADD} (a) For purposes of this section, a nursing facility shall mean a person or governmental unit duly licensed in accordance with chapter 23-17 of the general laws to establish, maintain, and operate a nursing facility.

(b) An assessment is hereby imposed upon the gross patient revenue received by every nursing facility in each month beginning June 1, 1992 {ADD October 1, 1995 ADD} at a rate of two and three-quarters percent (2.75%) {ADD three and three-quarters percent (3.75%) ADD} for services provided on or after June 1, 1992 {ADD October 1, 1995 ADD} . Every provider shall pay the monthly assessment no later than the twenty-fifth (25th) day of each month following the month of receipt of gross patient revenue.

SECTION 3. This article shall take effect upon passage.

SECTION 1. Section 41-4-4.1 of the General Laws in Chapter 41-4 entitled "Mutuel betting and License Fees" is hereby amended to read as follows:

{ADD 41-4-4.1. Support of racing division activities -- Tax. -- ADD} (A) Notwithstanding the provisions of section 41-4-3 {ADD or 41-3.1-6 ADD} each licensee conducting racing events under the pari-mutuel system shall collect an additional two percent (2%) {ADD five percent (5%) ADD} of all monies wagered on the multiple pools at racing tracks. Multiple pools shall be defined as all forms of wagering other than win, place, and show. This two percent (2%) {ADD five percent (5%) ADD} tax shall be over and above the schedule of taxes as set forth in section 41-4-3, and shall be distributed as follows:

(a) One and one half percent (1.5%) shall be paid weekly into a restricted revenue account to be established in the department of business regulation and these proceeds shall be used and restricted to the support of all activities of the division of racing and athletics in the department of business regulation. Tax revenue in excess of seven hundred fifty thousand dollars ($750,000) {ADD one million dollars ($1,000,000) ADD} in the account shall revert to the general fund;

(b) Effective January 1, 1990, one half of one percent (.5%) shall be paid to owners of dog kennels who are under contract with licensee from a restricted receipt account. The licensee shall establish a restricted receipt account and distribute funds to the owners' of dog kennels from the account in a manner consistent with the generally accepted distribution of dog kennel owners' purses. The restricted receipt account shall be subject to an annual audit by the auditor general or his or her designee.

{ADD (c) One and one half percent shall be paid to the licensee provided that there is at least three hundred fifty (350) scheduled performances during the calendar year. ADD}

{ADD (d) One and one half percent shall be paid to the state of Rhode Island and revert to the general fund. ADD}

(B) Notwithstanding the provisions of section 41-3.1-6 each licensee conducting racing events under the pari-mutuel system shall collect an additional two percent (2%) {ADD four percent (4%) ADD} of all moneys wagered on so called straight (win, place, or show) wagering. This two percent (2%) {ADD four percent (4%) ADD} tax shall be over and above the schedule of taxes as set forth in section 41-3.1-6, and shall be distributed as follows:

(a) One percent (1%) shall be paid to the town of Lincoln; and

(b) One percent (1%) shall be paid to owners of dog kennels who are under contract with a licensee from a restricted receipt account. The licensee shall establish a restricted receipt account and distribute funds to the owners of dog kennels from the account in a manner consistent with the generally accepted distribution of dog kennel owners' purses. The restricted receipt account shall be subject to an annual audit by the auditor general or his or her designee.

{ADD (c) Two percent (2%) shall be paid to the state of Rhode Island and revert to the general fund. ADD}

SECTION 2. 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%) {ADD forty-six percent (46%) ADD} ;

(b) To the licensed video lottery retailer: thirty-three percent (33%) {ADD thirty-one percent (31%) ADD} ;

(c) To the owners of dog kennels who are under contract with a licensee: ten percent (10%) {ADD six percent (6%) ADD} of net terminal income derived from video lottery games located at the facility. The ten percent (10%) {ADD six percent (6%) ADD} 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%) {ADD sixteen percent (16%) ADD} 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.

(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.

(2) Provided, however, that for the fiscal year commencing July 1, 1993 and subsequent fiscal years 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 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 dollars ($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.

SECTION 3. This article shall take effect upon passage.

SECTION 1. Section 45-19-10 of the General Laws in Chapter 45-19 entitled "Relief of Injured and Deceased Fire fighters and Police Officers" is hereby amended to read as follows:

{ADD 45-19-10. Rate and duration of disability benefits. -- ADD} (a) All call fire fighters, volunteers, and all others eligible for the benefits of the fund who may become injured in the line of fire duty, or who shall suffer illness directly attributed to fire duty shall be entitled to benefits as follows: At the rate of fifty dollars ($50.00) for each day during which he or she is unable to attend to his or her ordinary duties by reason of such injuries or illness; provided, however, the benefits shall not continue for longer than ninety (90) days from the date of such injury or illness; and further provided, however, that the board may extend the benefits if it shall deem it advisable so to do. All fire fighters known as permanent men receiving regular pay from a city or town during the disability shall be entitled to the sum of six dollars ($6.00) for each day of actual disability. Permanent men whose salary is deducted during the terms of disability by the city or town shall receive the same benefits as call men or volunteers.

(b) The board shall furnish the forms to be sent in as proof of the disability or illness and shall make such rules as are necessary for the proper functioning of the board.