It is enacted by the General Assembly as follows:

SECTION 1. The text of statutes herein appended is hereby enacted together with the amendments and corrections hereafter made, as titles 15 through 18 inclusive of the general laws of 1956 (reenactment of 1988), title 23 through 23-25.3, inclusive, of the general laws of 1956 (reenactment of 1989), titles 46 through 47 (reenactment of 1991) -- reenactment of 1996.

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

SECTION 2. All laws passed at this January session of the general assembly in the year 1996 shall be and remain in full force and effect notwithstanding the enactment of titles 15 through 18 inclusive, and title 23 through 23-25.3 inclusive, title 46 through 47, inclusive, of the general laws, by this act; and all laws passed at this January session of 1996, affecting titles 16 through 18, inclusive, and title 23 through 23-25.3, inclusive, titles 46 through 47, inclusive, of the general laws, shall be construed and deemed to be in amendment of or in addition to titles 15 through 18, inclusive, and title 23 through 23-25.3, inclusive, titles 46 through 47, inclusive of the general laws as enacted by this act.

SECTION 3. Section 3-8-1 of the General Laws in Chapter 3-8 entitled "Regulation of Sales" is hereby amended to read as follows:

3-8-1. Sales on Sundays and holidays -- Sales to underage persons, intoxicated persons, and persons of intemperate habits. -- Licenses issued under the provisions of this title shall not authorize the sale or service of beverages on Sunday, provided, however, that on December 24, 1995 and December 31, 1995, a Class A retail license holder may open from 8:00 a.m. until 5:00 p.m. nor on Christmas day excepting licensed taverns, clubs, victualing houses and retail Class F licensed places when served with food to guests, and except in places operated under a retail Class E license described above, and excepting the sale of wine or winery products at retail pursuant to section 3-6-1.1(d)(4) by holders of farmer-winery licenses and the serving of complimentary samples pursuant to section 3-6-1.1(f) by holders of farmer-winery licenses, and except in cars or on passenger-carrying marine vessels operated by holders of Class G licenses; provided that the department may limit the sale of beverages on passenger-carrying marine vessels to the hours from 6:00 p.m. to 8:00 o'clock a.m. on those days; nor shall they authorize the sale or delivery to any underaged person as defined in this title for purposes of sale, possession and consumption of alcoholic beverages, either for his own use or for the use of his parents, or of any other person; or the sale of beverages to any intoxicated persons or to any person of notoriously intemperate habits; and, provided further, places operating under a retail Class C license shall be authorized to be open for the sale of alcoholic beverages upon Columbus day, Armistice day, Victory day, provided however, that local board of license may authorize places operating under a Class C license to be open on New Year's day; and provided further, places operating under a retail Class A license shall not be authorized to be open for the sale of alcoholic beverages upon Thanksgiving day and New Year's day.

SECTION 4. Section 5-23-2 of the General Laws in Chapter 5-23 entitled "Sunday Business" is hereby amended to read as follows:

5-23-2. Licenses for Sunday and holiday business. -- (a) The town council of any town shall grant licenses for the sale by retail establishments at any places in that town or city designated in those licenses, on the first day of the week, commonly called Sunday, and on holidays enumerated in section 5-23-1. However, no license shall be issued on December 25 of any year or on that holiday known as Thanksgiving day, except to:

(1) pharmacies licensed under chapter 19 of title 5;

(2) retail establishments which principally sell food products as defined in section 44-18-30 (J) {ADD (9) ADD} and which employ fewer than six (6) employees per shift at any one location;

(3) retail establishments principally engaged in the sale of cut flowers, floral products, plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories;

(4) retail establishments principally engaged in the sale and/or rental of video cassette tapes; and

(5) retail establishments principally engaged in the preparation and/or sale of bakery products.

(b) Retail establishments licensed pursuant to this section may be permitted to open for business on Sundays between the hours of 12:00 noon and 6:00 P.M., except that pharmacies licensed under Chapter 19 of this title and retail establishments which principally sell food products as defined in section 44-18-30 (J) {ADD (9) ADD} may be open during their normal working hours. Retail establishments licensed pursuant to this section may be permitted to open for business during holidays on their normal business working hours.

The city of Newport and the towns of Westerly and Glocester each may, by ordinance, authorize the retail establishments within their respective jurisdictions which are licensed pursuant to this section to remain open for business on Sundays between the hours of 9:00 A.M. and 10:00 P.M. or any portion thereof.

(c) The town of New Shoreham may, by ordinance, authorize the retail establishments within its jurisdiction which are licensed pursuant to this section to remain open for business on Sundays between the hours of 7:00 A.M. and 9:00 P.M. or any portion thereof.

(d) Retail establishments licensed pursuant to this section shall be exempt from the provisions of Chapter 40 of Title 11, entitled "Sunday Laws", and Chapter 1 of Title 25, entitled "Holidays and Days of Special Observance", and those establishments may sell any and all items sold in the ordinary course of business with the exception of alcoholic beverages.

(e) All retail establishments may sell any and all items sold in the ordinary course of business with the exception of alcoholic beverages after obtaining a license on those Sundays between Thanksgiving day and Christmas between the hours of 10:00 A.M. and 7:00 P.M.

(f) Retail establishments engaged in the sale of cut flowers, floral products, plants, shrubs, trees, fertilizer, seeds, bulbs and gardening accessories, including any concession operated by or on the premises of a larger establishment, shall be licensed, prior to the sale thereof, in accordance with this section, provided, however, that the hours of operation on Sundays or holidays shall be between the hours of 9:00 A.M. and 6:00 P.M.

(g) Retail establishments engaged primarily in the sale and/or rental of video cassette tapes shall be licensed in accordance with this section, provided, however, that the hours of operation on Sundays and holidays may be between the hours of 10:00 A.M. and 10:00 P.M.

(h) All employees engaged in work during Sundays or holidays pursuant to the provisions of this section shall receive from their employer no less than time and a half for the work so performed and shall be guaranteed at least a minimum of four (4) hours employment; except those employees referred to in section 28-12-4.3(a)(4), provided that the work so performed by the employee shall be strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday shall not be a ground for discrimination, dismissal, or discharge or any other penalty upon the employee. The town council may fix and cause to be paid into the town treasury for each license issued pursuant to this section a fee not to exceed the sum of one hundred dollars ($100) and may fix the time or times when the license granted shall terminate; provided however, that the town council shall not charge a licensing fee to any charitable, benevolent, educational, philanthropic, humane, patriotic, social service, civic, fraternal, police, fire, labor, or religious organization which is not operated for profit.

(i) Retail establishments engaged principally in the preparation and/or sale of bakery products and pharmacies shall be licensed prior to the sale thereof in accordance with this section, provided, however, that the time and one half and voluntary work provisions shall not apply.

SECTION 5. The title of Chapter 7-11 of the General Laws entitled "Sale of Securities" is hereby amended to read as follows:

SECTION 6. Section 7-11-12 of the General Laws in Chapter 7-11 entitled "Sale of Securities" is hereby repealed in its entirety.

7-11-12. Registration fees. -- (a) Every applicant shall pay an initial registration fee of two hundred fifty dollars ($250) in the case of a broker or investment adviser and fifty dollars ($50.00) in the case of a salesman, limited salesman, or investment adviser agent and shall pay thereafter an annual fee of two hundred fifty dollars ($250) as a broker or investment adviser and fifty dollars ($50.00) as a salesman, limited salesman, or investment adviser agent. When any application is denied or withdrawn, all fees shall be retained by the director.

(c) All registration unless sooner revoked or suspended shall continue in force until midnight on the thirty-first day of December next succeeding the date of the registration. The fees shall be paid in advance and no persons shall be deemed to be registered as a broker, investment adviser, salesman, limited salesman, or investment adviser agent unless he or she shall have paid the fee as herein provided . All fees received under the provisions of this chapter shall be turned in to the general treasury.

SECTION 7. Section 11-2-1.1 of the General Laws in Chapter 11-2 entitled "Abandonment and Nonsupport" is hereby amended to read as follows:

11-2-1.1. Failure to pay child support. -- (a) Every person who is obligated to pay child support pursuant to an order or decree established by or registered with the family court pursuant to chapter 11 of title 15, {ADD (a) ADD} who has incurred arrearage of past due child support in the amount of thirty thousand dollars ($30,000), and who shall wilfully thereafter, having the means to do so, fail to pay one or more installments of child support in an amount previously set by the court, according to the terms previously set by the court shall be guilty of a felony for each instance of failure to make such subsequent payments and upon conviction be punished by imprisonment for a period not to exceed five (5) years . {ADD ; or ADD}

(b) Who have wilfully for a period of three (3) years, failed to pay any installments of child support in an amount previously set by the court, according to the terms previously set by the court, and who shall thereafter, having the means to do so, fail to pay one or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make such subsequent payments and upon conviction be punished by imprisonment for a period not to exceed five (5) years.

(c) For purposes of this section the term, "subsequent payments", shall mean those payments or installments due and owing after a person has incurred an arrearage of thirty thousand dollars ($30,000) as specified in subsection (a) or those payments or installments due and owing after a person has failed to pay an installment for a period of three (3) years.

(d) The court may in its discretion direct that such sentence be served pursuant to section 12-19-2(b).

SECTION 8. Sections 15-2-4 and 15-2-5 of the General Laws in Chapter 15-2 entitled "Marriage Licenses" are hereby repealed in their entirety:

15-2-4. Free physical examinations. -- There shall be provision made by the department of health for the physical examination as provided in section 15-2-3 of prospective brides and grooms at no cost to these applicants if they cannot afford the services of a private licensed physician.

15-2-5. Examination of residents marrying outside state. -- If a marriage of residents of Rhode Island be contracted outside of this state, and, within six (6) months of the solemnization of the marriage, both parties return to Rhode Island for residence as husband and wife, the parties shall be required to conform to the provisions of section 15-2-3. Physical and laboratory examinations of both parties and a statement, signed by a licensed physician and filed with the department of health, certifying to the freedom of both parties from infectious syphilis and gonorrhea shall be required. Wilful violation of the provisions of this section shall be punished by a fine of not more than two hundred fifty dollars ($250) or imprisonment for not more than six (6) months.

SECTION 9. Section 15-5-3 of the General Laws in Chapter 15-5 entitled "Divorce and Separation" is hereby amended to read as follows:

15-5-3. Separation of parties as ground for dissolution -- Appeal. -- Whenever in the trial of any petition for divorce from the bond of marriage, or any petition for dissolution of a marriage, it shall be alleged in the petition that the parties have lived separate and apart from each other for the space of at least three (3) years whether voluntarily or involuntarily, the court shall, upon a finding that the allegation is true, enter a judgment pending final judgment of divorce, which may include provisions for alimony. Final judgment shall not be {ADD entered ADD} until the expiration of twenty days after entry of the judgment pending final judgment or, if the time for taking an appeal has been extended pursuant to Rule 4 of the Supreme Court Rules of Appellate Procedure, until the expiration of the extended period. Final judgment may be entered ex parte and in chamber on the suggestion of the prevailing party. If no final judgment is presented to the court for entry within thirty (30) days next after the expiration of twenty (20) days from the date of decision, thereafter a final judgment may be entered only in open court and on motion. Notice of the filing of the motion shall not be required in cases in which the original petition is unanswered. The taking of an appeal shall operate as a stay of the judgment during the pendency of the appeal. Upon motion and for good cause shown:

(a) the family court may, prior to the filing of a notice of appeal, order that the judgment become final and operative immediately; and

(b) the supreme court may, in the event an appeal is taken, vacate the automatic stay provided under this section.

SECTION 10. Section 15-5-16.1 of the General Laws in Chapter 15-5 entitled "Divorce and Separation" is hereby amended to read as follows:

15-5-16.1. Assignment of property. -- (a) In addition to or in lieu of an order to pay spousal support made pursuant to a complaint for divorce, the court may assign to either the husband or wife a portion of the estate of the other. In determining the nature and value of the property, if any, to be assigned, the court after hearing the witnesses, if any, of each party shall consider the following:

(1) the length of the marriage;

(2) the conduct of the parties during the marriage;

(3) the contribution of each of the parties during the marriage in the acquisition, preservation, or appreciation in value of their respective estates;

(4) the contribution and services of either party as a homemaker;

(5) the health and age of the parties;

(6) the amount and sources of income of each of the parties;

(7) the occupation and employability of each of the parties;

(8) the opportunity of each party for future acquisition of capital assets and income;

(9) the contribution by one (1) party to the education, training, licensure, business or increased earning power of the other;

(10) the need of the custodial parent to occupy or own the marital residence and to use or own its household effects taking into account the best interests of the children of the marriage;

(11) either party's wasteful dissipation of assets or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration;

(12) any factor which the court shall expressly find to be just and proper.

(b) The court may not assign property or an interest therein held in the name of one (1) of the parties if the property was held by the party prior to the marriage, but may assign income which has been derived therefrom during the term of the marriage, and the court may assign the appreciation of value from the date of the marriage of property or an interest therein which was held in the name of one (1) party prior to the marriage which increased in value as a result of the efforts of either spouse during the marriage. The court also shall not assign property or an interest therein which has been transferred to one (1) of the parties by inheritance before, during, or after the term of the marriage. The court shall not assign property or an interest therein which has been transferred to one (1) of the parties by gift from a third party before, during, or after the term of the marriage.

(c) The assignment of property, if any, to be made shall precede the award of alimony, as {ADD since ADD} the needs of each party will be affected by the assignment of property which {ADD , and ADD} once made in a final decree shall be final subject only to any right of appeal which the parties may have. Any assignment made by the family court shall be so regarded as a judgment for debt that suit may be brought or execution may issue thereon for the property due and undelivered or the amount due and unpaid to be shown by affidavits of the person entitled to the same {ADD property ADD} and the attorney of record of the person, the executions to run against the goods and chattels of the husband and wife, as the case may be, and for want thereof against the body; and the court may make all necessary orders and decrees concerning the same {ADD suits or executions ADD} .

SECTION 11. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State Department of Education" is hereby amended to read as follows:

16-1-5. Duties of commissioner of elementary and secondary education. -- It shall be the duty of the commissioner of elementary and secondary education:

(a) To carry out the policies and program formulated by the board of regents for elementary and secondary education.

(b) To evaluate credentials of applicants for certificates, to verify that the certification of teachers is in accordance with law and established standards, and to issue certificates at the direction of the board.

(c) To certify the approval of accredited schools.

(d) To recommend to the board an outline of the subjects and courses of study and the instructional standards for elementary and secondary schools.

(e) To approve the distribution of state school funds in accordance with law and the regulations of the board.

(f) To verify that school sites and school building plans are in accordance with law and regulations.

(g) To exercise supervision over school libraries and library services.

(h) To certify that school bus routes and schedules and all contracts for pupil transportation conform with provisions of law and the rules and regulations of the board.

(i) To require the observance of all laws relating to schools and education.

(j) To interpret school law and to decide such controversies as may be appealed to the commissioner from decisions of local school committees.

(k) To prepare and recommend standard forms for the use of local schools.

(l) To prepare, with the assistance of the department of administration, manuals of uniform budgetary and standard financial records and procedures for local school officers. The board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989, and such procedures should include, at a minimun, the following:

(1) Provision for uniform classification of revenues and expenditures;

(2) Requirements of detailed expenditure estimates and a table of organization including the proposed staffing of each school;

(3) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the current and ensuing fiscal years; and

To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not otherwise appropriated shall be included in the appropriation made to support the department of elementary and secondary education.

(m) To have {ADD receive ADD} general supervision of {ADD from ADD} the board of regents for elementary and secondary education and to appoint the several officers and employees of the department subject to the provisions of the State Merit System Act, chapters 3 and 4 of title 36.

(n) To establish health education, alcohol and substance abuse programs for students in grade kindergarten (K) through twelve (12), in accordance with section 35-4-18 entitled "Creation of a health education, alcohol and substance abuse prevention fund." The program will consist of the following: A mandated state health education, alcohol and substance abuse curriculum for grades kindergarten (K) through twelve (12), a mandated cognitive testing program in the areas of health, fitness, alcohol and substance abuse, and an inservice training program which will be developed specifically for the implementation of the mandated curriculum. The commissioner shall make an annual report 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 health education, alcohol and substance abuse prevention programs established in accordance with this section. This evaluation shall address the following areas:

(i) Program development,

(ii) Implementation,

(iii) Impact, and

(iv) Recommendations for future needs.

(o)(1) To appoint a three member committee for the purpose of choosing a "teacher of the year" among teachers in public school grades kindergarten (K) through twelve (12). The "teacher of the year" shall receive an award of one thousand dollars ($1,000).

(2) It is the intent of the general assembly that the funds necessary to carry out the provisions of [P.L. 1988, ch. 336] shall be provided within the annual appropriations act.

SECTION 12. Sections 16-2-4 and 16-2-22 of the General Laws in Chapter 16-2 entitled "School Committees and Superintendents" are hereby repealed in their entirety:

16-2-4. Continuation of powers of districts. -- The corporate powers and liabilities of any school district heretofore existing shall continue and remain so far as may be necessary for the enforcement of its rights and duties.

16-2-22. Expense of printing report. -- The school committee may reserve annually out of the public appropriation a sum not exceeding forty dollars ($40.00) to defray the expense of printing their annual report.

SECTION 13. Sections 16-11-2.1 and 16-11-2.2 of the General Laws in Chapter 16-11 entitled "Certification of Teachers" are hereby repealed in their entirety:

16-11-2.1. Standardized testing -- Reports. -- (1) Not later than June 15, 1987, test agencies shall ask each test subject to report on the test answer sheet, test registration form, or other appropriate means all of the following information:

(b) Each item report shall show for all test subjects combined and separately by race or ethnicity and gender, both as reported under subsection of this section, the correct-answer rates and R-biserial correlations with respect to each question used in calculating the test subject's raw score on each test. Correct-answer rates shall be calculated by dividing the number of correct answers for a question used in calculating the subject's raw score on all test forms administered during the preceding year by the number of test subjects to whom those test forms were administered. R-biserial correlations shall be calculated by correlating performance on a question used in calculating the subject's raw score on each test form administered during the preceding year with performance on the tests as shown by scaled scores.

16-11-2.2. Advisory commission. -- (1) There is hereby created a temporary commission to advise the general assembly and make recommendations with respect to the effect of standardized tests on test subjects of varying racial, ethnic, linguistic, and gender backgrounds and consider possible methods to assure the fairness and equity of such tests.

(7) The commission shall pursue the aforementioned research if adequate funds have been committed by the first day of July 1, 1988, to further the purposes of this article.

SECTION 14. Section 16-21-13 of the General Laws in Chapter 16-21 entitled "Health and Safety of Pupils" is hereby repealed in its entirety:

16-21-13. Open air schools. -- The school committee of any city or town is hereby authorized and empowered to establish within its limits open air schools for the instruction of such children of school age as in its judgment are not in such physical condition that they can be safely instructed in the ordinary schools of the city, and to furnish for the conduct of these schools such medical, food, or other supplies as are necessary for the purposes for which these schools are or may be established.

SECTION 15. Section 16-22-1 of the General Laws in Chapter 16-22 entitled "Curriculum" is hereby repealed in its entirety:

16-22-1. Study of curricula -- Vocational guidance. -- The department of elementary and secondary education shall make a study of the curricula offered by the public schools within this state for the purpose of planning a more practical educational program. The object of the program shall be the training of pupils so that at the completion of their schooling they may be qualified to seek specialized occupations in the fields of business, industry, manufacturing, and the various trades, or to pursue further studies for the various professions. Through vocational guidance counselors within the schools each pupil shall receive assistance in selecting studies which will help to fit him for some specialized occupation or profession upon his or her graduation from high school or college.

SECTION 16. Section 16-24-6.2 of the General Laws in Chapter 16-24 entitled "Handicapped Children" is hereby repealed in its entirety:

16-24-6.2. Special education equity delay. -- Notwithstanding any provisions of this chapter to the contrary, the following sums shall be paid to the below listed cities, towns and school districts in fiscal year 1993-1994 in addition to other sums to which they may be entitled:

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

SECTION 17. Sections 16-32-19, 16-32-20, 16-32-21, 16-32-22, 16-32-23, and 16-32-24 of the General Laws in Chapter 16-32 entitled "University of Rhode Island" are hereby repealed in their entirety:

16-32-19. Applications for loans -- Contracts. -- The board of governors for higher education is further authorized and empowered, with the approval of the governor, to make all necessary applications for the loans, and to enter into all necessary contracts and agreements with the United States of America, acting by and through the housing and home finance administrator, necessary or incident to the obtaining of acceptance of the loans.

16-32-20. Guaranty of payments of principal and interest. -- The board of governors for higher education is further authorized and empowered to guarantee to the housing and home finance administrator the payment of annual interest charges and required reduction of principal, to provide for the complete amortization of the loans over a period not to exceed forty (40) years, the payments to be made from the rental income from the housing facilities (or such portion thereof as may be required), or from other university income, if required.

16-32-21. Mortgage lien. -- The board of governors for higher education is authorized further to offer as collateral for the duration of the loan a mortgage lien upon the site or sites upon which the building or buildings shall be erected. When the loan is completely amortized, the lien shall be terminated and the building or buildings shall become the property of the state.

16-32-22. Credit of state. -- In accepting the loan the board of governors for higher education shall not be construed as pledging the credit of the state of Rhode Island and Providence Plantations, and the loan shall not constitute a lien against the state.

16-32-23. Application of loan proceeds. -- All of the proceeds of the loan or loans received by the board of governors for higher education for the purposes hereinbefore set forth shall be paid to the general treasurer of the state and by him deposited in a separate fund to be known as the "university of Rhode Island housing loan fund," and shall be utilized for the construction of housing facilities in the same manner as other funds provided for construction purposes at the university of Rhode Island or in accordance with procedure which may be required by the housing and home finance administrator.

16-32-24. Other powers of board preserved. -- Nothing in sections 16-32-18 to 16-32-23, inclusive, shall be construed to divest the board of governors for higher education of any of its powers and duties as set forth in any general or public law of this state.

SECTION 18. Section 16-33-9 of the General Laws in Chapter 16-33 entitled "Rhode Island College" is hereby amended to read as follows:

16-33-9. Assent to federal provisions for college housing. -- The provisions of sections 16-32-18 to 16-32-24, inclusive, shall apply in the case of the Rhode Island college; provided, however, that all {ADD All ADD} proceeds of the loan or loans received by the board of governors for higher education for the construction of housing facilities for the Rhode Island college shall be paid to the general treasurer of the state and deposited by the treasurer in a separate fund to be known as the "Rhode Island college housing loan fund."

SECTION 19. Sections 16-48.2-1 and 16-48.2-2 of the General Laws in Chapter 16-48.2 entitled "Pilot Program for the Education of Kindergarten Students in the City of Woonsocket", are hereby repealed in their entirety:

16-48.2-1. Pilot program for the education of kindergarten students in the city of Woonsocket. -- (a) The school committee of the city of Woonsocket is hereby authorized to conduct a pilot program in conformity with the provisions of this chapter relative to the education of kindergarten students within the city.

(c) At the conclusion of its study the school committees shall report its findings to the general assembly. These reports shall be made no later than January 1, 1991.

16-48.2-2. Education of kindergarten students. -- (a) Kindergarten students residing within the city of Woonsocket shall be exempt from the provisions of section 16-2-27. Every child residing in the city of Woonsocket who has completed five (5) years of life on or before August 31 1988, and any school year thereafter shall be eligible to attend kindergarten during all the days that the kindergartens are in session during that school year. Children may not attend kindergarten, or any subsequent grade, prior to the attainment of five (5) years of life.

(c) This section shall expire at the close of the school year in 1991.

SECTION 20. Section 16-56-2 of the General Laws in Chapter 16-56 entitled "Postsecondary Student Financial Assistance" is hereby amended to read as follows:

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

(b) Notwithstanding the provisions of subsection 16-56-2 {ADD subsection (a) ADD} the sums appropriated for fiscal year 1995 and in each fiscal year thereafter are the sums appropriated for this purpose in Article 1 {ADD of Public Laws 1992, Chapter 133 ADD} .

SECTION 21. Section 16-59-7 of the General Laws in Chapter 16-59 entitled "Board of Governors for Higher Education" is hereby repealed in its entirety:

16-59-7. Office of higher education. -- The board of governors shall maintain an office of higher education which shall perform research and administrative functions and duties required of the board by the provisions of this chapter. Within the office, the appointment, promotion, salaries, term of service, and dismissal of all professional employees, including instructional and research employees, administrative employees, and secretaries shall be at the pleasure of the commissioner of higher education, excepting that the board shall approve the appointment of all assistant commissioners. All professional employees, including instructional and research employees, and administrative employees may be initially engaged under contract for not more than two (2) years. All professional positions, including instructional and research positions, and administrative positions shall not be in the classified service of the state nor be subject in any manner of control by the personnel administrator or by any officer or board other than the commissioner of higher education. Provided that employees who had permanent status in those positions prior to May 7, 1981, shall continue to retain their status. Except that all positions placed in the classified service under the provisions of section 16-31-12 of the general laws shall retain their status and provided hereinafter all vacant, reestablished or newly established positions except faculty positions, presidents, vice presidents, deans, assistant deans, professional and administrative positions, and student employment positions shall be subject to the personnel board (or committee) as established by this act. The board (or committee) shall consist of three (3) members as follows: the state personnel administrator, the representative of the appropriate collective bargaining unit to which the positions has been assigned by the labor board and the appropriate commissioner of education or his or her designee. The board (committee) shall review each vacant position, newly established position, or reestablished position and determine whether or not said individual position be established in the classified service of the state of Rhode Island. Notwithstanding any provisions of any other general or special law to the contrary all statutes or parts thereof inconsistent herewith are hereby repealed; provided, further, that the provisions of this act shall not be construed to require the appointment of anyone serving prior to, on or subsequent to May 7, 1981, as commissioner of education pursuant to the provisions of former section 16-49-6 to the position of commissioner of higher education. The table of organization as submitted by the commissioner of higher education together with the pay ranges shall be subject to approval by the board of governors.

SECTION 22. Section 16-59-4 of the General Laws in Chapter 16-59 entitled "Board of Governors for Higher Education" is hereby amended to read as follows:

16-59-4. Powers and duties of board. -- The board of governors for higher education shall have, in addition to those enumerated in section 16-59-1, the following powers and duties:

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

(2) To approve a master plan defining broad goals and objectives for higher education in the state including a comprehensive capital development program. These goals and objectives shall be expressed in terms of what men and women should know and be able to do as a result of their educational experience. The board of governors shall continuously evaluate the efforts and results of education in the light of these objectives.

(3) To formulate broad policy to implement the goals and objectives established and adopted by the board of governors from time to time, to adopt standards and require enforcement and to exercise general supervision over all higher public education in the state and over independent higher education in the state as provided hereinafter in subdivision (8), of this section. The board of governors, however, shall not engage in the operation or administration of any subordinate committee, university, junior college, or community college, except its own office of higher education and except as specifically authorized by an act of the general assembly, provided, however, the presidents of each institution of higher learning shall be the chief administrative and executive officer of that institution; and provided further that nothing contained herein shall prohibit their direct access to or interfere with the relationship between the presidents and the board of governors. The adoption and submittal of the budget, the allocation of appropriations, the approval of tables of organization, the creation, abolishment, and consolidation of departments, divisions, programs, and courses of study, and the acquisition, holding, disposition, and general management of property shall not be construed to come within the purview of the foregoing prohibition. The board shall communicate with and seek the advice of the commissioner of higher education and all those concerned with and affected by its determinations as a regular procedure in arriving at its conclusions and in setting its policy.

(4) To prepare and maintain a five (5) year funding plan for higher education; to prepare with the assistance of the commissioner of higher education and to present annually to the state budget officer in accordance with section 35-3-4 a state higher educational budget, which shall include, but not be limited to, the budget of the office of higher education and the budget of the state colleges. In the preparation of the budget, and in the allocation of its total appropriation, the board shall determine priorities of expenditures for public higher education purposes of state revenues and other public resources made available for the support of higher public education. Provided that nothing in this subdivision contained shall authorize the board to alter the allocation of grants or aid otherwise provided by law.

(5) To maintain an office of higher education; to provide for its staffing and organization; and to appoint a commissioner of higher education pursuant to section 16-59-6, who shall serve at its pleasure. The commissioner of higher education and the office of higher education shall have such duties and responsibilities as defined in sections 16-59-6 and 16-59-7.

(6) To appoint and dismiss presidents of the public institutions of higher learning with the assistance of the commissioner of higher education, and to establish procedures therefor, and with the assistance of the commissioner to approve or disapprove vice presidents of the public institutions of higher learning appointed by the respective presidents of the public institutions of higher learning.

(7) To establish other educational agencies or subcommittees necessary or desirable for the conduct of any or all aspects of higher education and to determine all powers and functions as well as composition of any agencies or subcommittees and to dissolve the same when their purpose shall have been fulfilled.

(8) To exercise the authority hereto before vested in the board of regents for education with relation to independent higher educational institutions within the state under the terms of chapter 40 of this title and other laws affecting independent higher education in the state.

(9) To enforce the provisions of all laws relating to higher education, public and independent.

(10) To be responsible for all the functions, powers, and duties which heretofore were vested in the board of regents for education relating to higher education, including but not limited to the following specific functions:

(a) To approve the tables of organization at public institutions of higher learning with the assistance of the commissioner of higher education.

(b) To adopt and require standard accounting procedures for the office of higher education and all public colleges and universities.

(c) To create, abolish, and consolidate departments, divisions, programs, and courses of study within the public colleges and universities with the assistance of the commissioner of higher education after consultation with the presidents.

(d) To establish a clear and definitive mission for each public institution of higher learning with the assistance of the commissioner of higher education.

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

(f) To otherwise promote maximum efficiency, economy, and cooperation in the delivery of public higher educational services in the state and cooperation with independent institutions of higher education.

(11) to incorporate into its own affirmative action reporting process periodic reports monitoring specific faculty and staff searches by the chair of the search committee to include the rationale for granting those interviews as well as the final hiring results. The institutions must empower its affirmative action officer to monitor searches in this manner, to intervene during the search, and, when necessary, to cause a search to cease if affirmative action goals are not being adequately served.

(12) to incorporate a specific category for accountability on affirmative action goals and implementation as part of the board's annual evaluations and three (3) year reviews for the presidents of each of the public institutions of higher education.

(13) to make a formal request of the governor that whenever an opportunity arises to make new appointments to the board, that the governor make every effort to increase the number of African-Americans, native Americans, Asians and Hispanics on the board.

SECTION 23. Section 16-60-4 of the General Laws in Chapter 16-60 entitled "Board of Regents for Elementary and Secondary Education" is hereby amended to read as follows:

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

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

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

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

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

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

In the preparation of the budget, and in the allocation of its total appropriation, the regents shall determine priorities of expenditures for elementary and secondary education purposes of state revenues and other public resources made available for the support of public, elementary and secondary education among the various education agencies of the state; provided that nothing in this subsection contained shall authorize the regents to alter the allocation of grants or aid otherwise provided by law.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) Placements to alternative programs for disciplinary reasons.

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

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

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

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

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

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

SECTION 24. Section 16-69-4 of the General Laws in Chapter 16-69 entitled "60/40 Funding of Public Schools" is hereby repealed in its entirety:

16-69-4. Appropriations. -- The general assembly hereby appropriates the sum of six million six hundred thousand dollars ($6,600,000) in addition to funds already appropriated in fiscal year 1988-1989.

SECTION 25. Section 17-2-1 of the General Laws in Chapter 17-2 entitled "General State Officer" is hereby amended to read as follows:

17-2-1. General officers enumerated -- Election and terms. -- The governor, lieutenant-governor, secretary of state, attorney-general, and general treasurer shall be known as general officers. They shall be elected at a general election, biennially {ADD quadrennially ADD} , in accordance with the provisions of this title, and shall hold their respective offices for two (2) {ADD four (4) ADD} years beginning on the first Tuesday of January next succeeding their election and until the election and qualification of their respective successors.

SECTION 26. Sections 23-3-5 and 23-3-25 of the General Laws in Chapter 23-3 entitled "Vital Records" are hereby amended to read as follows:

23-3-5. Duties of state registrar of vital records. -- (a) The state registrar of vital records shall:

(1) Administer and enforce this chapter and the rules and regulations issued hereunder, and issue instructions for the efficient administration of the statewide system of vital records.

(2) Direct and supervise the statewide system of vital records and the division of vital records and be custodian of its records.

(3) Direct, supervise, and control the activities of local registrars and the activities of town and city clerks related to the operation of the vital records system.

(4) Prescribe, with approval of the state director of health, and distribute such forms as are required by this chapter and the rules and regulations issued hereunder.

(5) Prepare and publish annual reports of vital records of this state and such other reports as may be required by the state director of health.

(6) Notify the office of the secretary of state and the appropriate local canvassing authority of the receipt of a death certificate reporting the death of a person eighteen (18) years of age or older and maintain a list of such deceased persons.

(7) Provide a copy on alkaline paper of each certificate of birth, death, and marriage to the city or town clerk of the community of residence on or before the 10th day of the month after the certificate is received by the division of vital records , except for those certificates filed directly with the state registrar of vital statistics pursuant to section 23-3-10(d)(3) .

(8)(A) Flag birth certificates of missing children and perform all other acts and duties required to be performed by him or her pursuant to chapter 42-28.8 of the general laws.

(B) Upon receipt of information pursuant to section 42-28.8-3 of the general laws provide the local registrars of the several cities and towns with such information.

(b) The state registrar of vital records with the approval of the director of health {ADD may appoint a deputy state registrar ADD} and may delegate such functions and duties vested in him or her to employees of the division of vital records and to local registrars as he or she deems necessary or expedient.

23-3-25. Fees for copies and searches. -- (a) The state registrar shall charge fees for searches and copies as follows:

(1) For a search of two (2) consecutive calendar years under one name and for issuance of a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or a certification that the record cannot be found, the fee is fifteen dollars ($15.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is ten dollars ($10.00).

(2) For each additional calendar year search, if applied for at the same time or within three (3) months of the original request and if proof of payment for the basic search is submitted, the fee is fifty cents ($.50).

(3) For providing expedited service, the additional handling fee is five dollars ($5.00).

(4) For processing of adoptions, legitimations, or paternity determinations as specified in sections 23-3-14 and 23-3-15 there shall be a fee of ten dollars ($10.00).

(5) For making authorized corrections, alterations, and additions, the fee is five dollars ($5.00); provided no fee shall be collected for making such corrections or alterations and additions on records filed before one year of the date on which the event recorded has occurred.

(6) For examination of documentary proof and the filing of a delayed record, a fee of fifteen dollars ($15.00); and in addition thereto, the fee is fifteen dollars ($15.00) for the issuance of a certified copy of a delayed record.

(b) Fees collected under this section by the state registrar shall be deposited in the general fund of this state, according to the procedures established by the state treasurer.

(c) The local registrar shall charge fees for searches and copies of records as follows:

(1) For a search of two (2) consecutive calendar years under one name and for issuance of a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a certification of birth or a certification that the record cannot be found, the fee is fifteen dollars ($15.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is ten dollars ($10.00).

(2) For each additional calendar year search, if applied for at the same time or within three (3) months of the original request and if proof of payment for the basic search is submitted, the fee is fifty cents ($.50).

(d) Fees collected under this section by the local registrar shall be deposited in the city or town treasury according to the procedures established by the city or town treasurer except that three dollars ($3.00) of the certified copy fees shall be submitted to the state registrar for deposit in the general fund of this state.

(1) For removal of a birth out-of-wedlock from the local city or town clerk's office where mother resided at time of birth, filed pursuant to section 23-3-10(d)(3), there shall be a fee of five dollars ($5.00).

SECTION 27. Section 23-6-14 of the General Laws in Chapter 23-6 entitled "Prevention and Suppression of Contagious Diseases" is hereby amended to read as follows:

23-6-14. Exceptions. Notwithstanding the provisions of sections 23-6-12 and 23-6-13, a physician may or other health care provider may draw blood and secure a test for the presence of the AIDS virus without informed consent under the following conditions:

(a) When the person to be tested is under one (1) year of age;

(b) When the person to be tested is between one (1) and thirteen (13) years of age and appears to be symptomatic for AIDS;

(c) When the person to be tested is a minor under the care and authority of the Rhode Island department of children and their families, and the director of that department certifies that an AIDS test is necessary to secure health or human services for that person;

(d) When a person (the complainant) can document significant exposure to blood or other bodily fluids of another person (the individual to be tested), during performance of the complainant's occupation, providing:

(i) The complainant completes an incident report within forty-eight (48) hours of the exposure, identifying the parties to the exposure, witnesses, time, place and nature of the event;

(ii) The complainant submits to a baseline AIDS test and is negative on that test for the presence of the AIDS virus, within seventy-two (72) hours of the exposure; and

(iii) There has been a significant percutaneous or mucus membrane exposure, i.e., needlestick; bit; splash over open wound, broken skin, or mucus membrane; by blood or body fluids of the person to be tested; of a type and in sufficient concentration to permit transmission of the AIDS virus, if present in those fluids.

(e) In a licensed health care facility or in the private office of a physician in the event that an exposure evaluation group, as defined above, determines that a health care provider has a significant exposure to the blood and/or body fluids of a patient and the patient or the patient's guardian refuses to grant informed consent for an HIV test to determine whether the patient has the AIDS virus, then, if a sample of the patient's blood is available, that blood shall be tested for the AIDS virus:

(i) If a sample of the patient's blood is not otherwise available and the patient refuses to grant informed consent, then the health care worker may petition the superior court for a court order mandating that the test be performed.

(ii) Before a patient or a sample of the patient's blood is required to undergo an HIV test, the health care provider must submit to a baseline AIDS test within seventy-two (72) hours of the exposure.

(iii) No member of the exposure evaluation group who determines that a health care worker has sustained a significant exposure and authorizes the HIV testing of a patient nor any person or health care facility who relies, in good faith, on the group's determination and performs the test shall have any liability as a result of their actions carried out under this chapter, unless those persons act in bad faith.

(f) In an emergency, where due to a grave medical or psychiatric condition, it is impossible to obtain consent from either the patient or the patient's parent, guardian or agent;

(g) As permitted under sections 23-18.5-8 ›repealed! {ADD 23-18.6-12 ADD} , 23-1-38 and 23-8-1.1;

(h) Mandatory testing for Human Immunodeficiency Virus (HIV) conducted pursuant to sections 42-56-37, 11-34-10 and 21-28-4.20.

SECTION 28. Section 23-13-13 of the General Laws in Chapter 23-13, entitled "Maternal and Child Health Services for Children With Special Care Needs" is hereby amended to read as follows:

23-13-13. Testing for hearing impairments. -- It is hereby declared to be the public policy of this state that every newborn infant be evaluated for the detection of hearing impairments, in order to prevent many of the consequences of these disorders. No such test shall be made as to any newborn infant if the parents of that child object thereto on the grounds that such a test would conflict with their religious tenets or practices.

(a) The physician attending a newborn child shall cause said child to be subject to hearing impairment tests as described in department of health regulations.

(b) In addition, the department of health, is hereby authorized to establish by rules and regulations reasonable fee structure for hearing impairment testing to cover program costs not otherwise covered by federal grant funds specifically secured for this purpose. This testing shall be a covered benefit reimbursable by all health insurers, as defined in section 27-38-6 except for supplemental policies which only provide coverage for specific diseases, hospital indemnity, medicare supplement, or other supplemental policies. The department of human services shall pay for such testing when the patient is eligible for medical assistance under the provisions of chapter 40. The department of health shall pay for such testing when the patient is eligible for the Rite Start Program, provided for in section 23-13-18. In the absence of a third party payor the charges for such testing shall be paid by the hospital or other health care facility where the birth occurred. Nothing herein shall preclude the hospital or health care facility from billing the patient directly. Those fees shall be deposited into the general fund as general revenues.

There is hereby created a hearing impairments testing advisory committee which shall advise the director of the department of health regarding the validity and cost of testing procedures. That advisory committee shall:

(1) Meet at least four times per year;

(2) Be chaired by the director or his or her designee;

(3) Be composed of seven (7) members appointed by the director from the following professions or organizations:

(i) A representative of the health insurance industry;

(ii) A pediatrician, designated by the R.I. Chapter of the American Academy of Pediatrics;

(iii) An audiologist, designated by the R.I. Chapter of the American Speech and Hearing Association;

(iv) Two (2) representatives of hospital neonatal nurseries;

(v) A representative of special education designated by the Department of Education; and

(vi) The director of health or his or her designee.

SECTION 29. Section 23-17.7-2 of the General Laws in Chapter 23-17.7, entitled "Licensing of Nursing Service Agencies" is hereby amended to read as follows:

23-17.7-2. "Nursing service agency". -- A nursing service agency is defined as any person, firm, partnership or corporation doing business within the state of Rhode Island that supplies, on a temporary basis registered nurses, licensed practical nurses, nursing assistants, or homemakers to a hospital, nursing home, private home or other facility requiring the services of such persons with the exception of home health agencies and hospices licensed in this state. For all purposes a nursing service agency shall be considered an employer and those persons that it supplies on a temporary basis shall be considered employees and not independent contractors and nursing service agency shall be subject to all state and federal laws which govern employer-employee relations.

(a) "Licensing agency" means the Rhode Island state department of health;

(b) "Director" means the director of the Rhode Island state department of health;

(c) "Service record" means the written entire documenting services rendered by the nursing service agency;

(d) A "nursing assistant" shall be defined as a nursing, or orderly, or home health aide who is a paraprofessional, trained to give personal care and related health care and assistance based on his or her level of preparation to individuals who are sick, disabled, dependent, or infirmed. The director of the department of health, may by regulation, establish different levels of nursing assistants;

(e) "Homemaker", or however else called means a trained nonprofessional worker who performs related housekeeping services in the home for the sick, disabled, dependent, or infirmed, and as further defined by regulation ; {ADD . ADD}

(f) Nursing service.

SECTION 30 Section 23-18.8-2.1 of the General Laws in Chapter 23-18.8 entitled "Waste Recycling" is hereby amended to read as follows:

23-18.8-2.1. Definitions. -- As used in this chapter:

(1) "Corporation" shall mean the Solid Waste Management Corporation;

(2) "Department" shall mean department of environmental management;

(3)"Director" shall mean the director of the department of environmental management;

(4) "Post-consumer waste" shall have the meaning given {ADD "Post-Consumer Content" ADD} in section 42-11-2.3 (2) {ADD 37-2-76.1(3) ADD} ;

(5) "Telephone directory" shall mean a soft-cover listing of telephone numbers and addresses by telephone listing territories commonly listed alphabetically or by occupation and distributed to households and businesses in behalf of telecommunications utilities or private advertisers;

(6) "Telephone directory distributor" shall mean any party which distributes telephone directories within the state, and shall include the principal of such party if such party is an agent and the principal is located or doing business in the state.

SECTION 31. Section 23-23-12.2 of the General Laws in Chapter 23-23 entitled "Air Pollution" is hereby repealed in its entirety:

23-23-12.2. Clean air standards commission. -- (a) There is hereby created a study commission of the general assembly to be known as the "clean air standards commission" to review the entire field of air quality standards.

(c) The commission shall report its findings and recommendations to the general assembly not later than March 15, 1986.

SECTION 32. Section 23-63-2 of the General Laws in Chapter 23-63, entitled "Vehicle Tire Storage and Recycling" is hereby amended to read as follows:

23-63-2. Disposal of used vehicle rubber tires -- Burning prohibited -- Storage restricted. -- (a) No person shall dispose of any vehicle tire within the state of Rhode Island except by delivery of the tire to a facility operated by the Rhode Island Solid Waste Management Corporation designated for that purpose, or to a privately-operated tire storage or tire recycling or recovery facility licensed by the director of environmental management for that purpose or by delivery for transportation to an out-of-state recycling facility. Prior to the delivery of any vehicle tire for export to any tire-burning facility outside the state, and within thirty (30) miles of the Scituate Reservoir watershed, the Department of Environmental Management shall consult with the appropriate state agency regulating such tire-burning facility and shall receive assurances in writing from the agency that such facility meets all applicable state and federal pollution control standards. The burning of used tires within the state is prohibited.

(b) No person not licensed under the provisions of section 23-63-3 {ADD 23-63-4 ADD} shall store more than four hundred (400) used vehicle tires at any location within the state. Any person not in compliance with this section on ›July 11, 1989! shall have one year from that date to effectuate compliance pursuant to the provisions of subsection (a) of this section.

SECTION 33. Section 31-19.3-5 of the General Laws in Chapter 31-19.3, entitled "Regulation of Rental of Motorized Bicycles and Motorized Tricycles in New Shoreham" is hereby amended to read as follows:

31-19.3-5. Ordinances. -- The town council of the town of New Shoreham may enact reasonable ordinances establishing procedures and standards for the licensing, supervision, regulation and control of the rental of motorized bicycles and motorized tricycles.

An ordinance enacted pursuant to this section may:

(a) Establish a fee to be charged for the issuance or renewal of any license for the rental of motorized bicycles and/or motorized bicycles and/or motorized tricycles the holder of the license is authorized to rent or lease and shall not exceed the sum of forty dollars ($40.00) per motorized bicycle or motorized tricycle.

(b) Establish a maximum number of licenses which may be granted for the rental of motorized bicycles and/or motorized tricycles.

(c) Establish hours during which motorized bicycles and/or motorized tricycles may be rented.

(d) Establish a maximum number of motorized bicycles and/or motorized tricycles which a license holder may rent or lease under the license.

(e) Provide that no motorized bicycle or motorized tricycle shall be rented or leased in the town of New Shoreham unless the operator thereof has a valid license issued under the provisions of section 31-10-1, or a similar license issued by a state other than Rhode Island.

(f) Require all motorized bicycles and/or motorized tricycles to pass inspection annually and be issued a certificate by a duly authorized state inspection facility indicating that the vehicle has passed inspection to be conducted at inspection agencies which shall be created and governed by rules and regulations promulgated by the Rhode Island state department of transportation.

SECTION 34. Section 44-5-20.18 of the General Laws in Chapter 44-5 entitled "Levy and Assessment of Local Taxes" is hereby amended to read as follows:

44-5-20.18. Property tax classification -- North Smithfield. -- The town of North Smithfield may by resolution or ordinance adopted by the town council provide for a system of classification of taxable property in conformity with the provisions of sections 44-5-20.10 -- 44-5-20.12 {ADD 44-5-20.19 -- 44-5-20.21. ADD}

SECTION 35. Section 44-6.2-5 of the General Laws in Chapter 44-6.2 entitled "1996 Rhode Island Tax Amnesty Act" is hereby amended to read as follows:

44-6.2-5. Implementation. -- Notwithstanding any provision of law to the contrary, the tax administrator may do all things necessary in order to provide for the timely implementation of this chapter, including but not limited to procurement of printing and other services and expenditure of appropriated funds as provided for in section 44-6.2-5.

SECTION 36. Sections 45-23-38, 45-23-43 and 45-23-50 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as follows:

45-23-38. General provisions -- Minor land development and minor subdivision review. -- (A) Review stages. Minor plan review shall consist of two stages, preliminary and final, provided, that if a street creation or extension is involved, a public hearing is required. The planning board may combine the approval stages, providing requirements for both stages have been met by the applicant to the satisfaction of the planning officials.

(B) Submission requirements. Any applicant requesting approval of a proposed minor subdivision or minor land development, as defined in this chapter, shall submit to the administrative officer the items required by the local regulations.

(C) Certification. The application shall be certified complete or incomplete by the administrative officer within twenty-five (25) days, according to the provisions of section 45-23-36(b).

(D) Technical review committee. The technical review committee, if established, shall review the application and shall comment and make recommendations to the planning board. The application shall be referred to the planning board as a whole if there is no technical review committee. When reviewed by a technical review committee:

(1) If the land development or subdivision plan is approved by a majority of the committee members, the application shall be forwarded to the planning board with a recommendation for preliminary plan approval without further review.

(2) If the plan is not approved by a majority vote of the committee members, the minor land development and subdivision application shall be referred to the planning board.

(E) Re-assignment to major review. The planning board may re-assign a proposed minor project to major review only when the planning board is unable to make the positive findings required in section 45-23-60.

(F) Decision. If no street creation or extension is required, the planning board shall approve, deny, or approve with conditions, the preliminary plan within sixty-five (65) days of certification of completeness, or within such further time as is agreed to by the applicant and the board, according to the requirements of 45-23-63. If a street extension or creation is required, the planning board shall hold a public hearing prior to approval according to the requirements in section 45-23-42 and shall approve, deny, or approve with conditions, the preliminary plan within ninety-five (95) days of certification of completeness, or within such further time as is agreed to by the applicant and the board, according to the requirements of section 45-23-63.

(G) Failure to act. Failure of the planning board to act within the period prescribed shall constitute approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the application.

(H) Final plan. The planning board may delegate final plan review and approval to either the administrative officer or the technical review committee. The officer or committee shall report its actions to the planning board at its next regular meeting, to be made part of the record.

(I) Vesting {ADD Expiration of Approval ADD} . Approval of a minor land development or subdivision plan shall expire ninety (90) days from the date of approval unless within such period a plat or plan, in conformity with such approval, and as defined in this act, is submitted for signature and recording as specified in 45-23-64. Validity may be extended for a longer period, for cause shown, if requested by the application in writing, and approved by the planning board.

45-23-43. General provisions -- Major land development and major subdivision -- Final plan. -- (A) Submission requirements:

(1) The applicant shall submit to the administrative officer the items required by the local regulations for final plan, as well as all material required by the planning board when the application was given preliminary approval.

(2) Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.

(3) Certification by the tax collector that all property taxes are current.

(4) For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.

(B) Certification. The application for final plan approval shall be certified complete or incomplete by the administrative officer within forty-five (45) days, according to the provisions of section 45-23-36(B). If the administrative officer certifies the application as complete and does not require submission to the planning board as per subsection (C) below, the final plan shall be considered approved.

(C) Referral to the planning board. If the administrative officer determines that an application for final approval does not meet the requirements set by local regulations or by the planning board at preliminary approval, the administrative officer shall refer the final plans to the planning board for review. The planning board shall, within forty-five (45) days after the certification of completeness, or within such further time as may be consented to by the applicant, approve or deny the final plan as submitted.

(D) Failure to act. Failure of the planning board to act within the period prescribed shall constitute approval of the final plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant.

(E) Recording {ADD Expiration of Approval ADD} . The final approval of a major subdivision or land development project shall expire one year from the date of approval unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in 45-23-64. The planning board may, for good cause shown, extend the period for recording for an additional period.

(F) Acceptance of public improvements. Signature and recording as specified in section 45-23-64 shall constitute the acceptance by the municipality of any street or other public improvement or other land intended for dedication. Final plan approval shall not impose any duty upon the municipality to maintain or improve those dedicated areas until the governing body of the municipality accepts the completed public improvements as constructed in compliance with the final plans.

(G) Validity of recorded plans. The approved final plan, once recorded, shall remain valid as the approved plan for the site unless and until an amendment to the plan is approved under the procedure set forth in 45-23-65, or a new plan is approved by the planning board.

45-23-50. Special provisions -- Development plan review. -- (a) Municipalities may provide for development plan review, as defined in section 45-24-42 {ADD 45-24-49 ADD} of the Zoning Enabling Act of 1991, to be subject to part of the local regulations.

(b) In such instances, local regulations must include all requirements, procedures and standards necessary for proper review and recommendations of projects subject to development plan review to ensure consistency with the intent and purposes of this chapter and with section 45-24-42 {ADD 45-24-49 ADD} of the Zoning Enabling Act of 1991.

SECTION 37. Sections 46-7-3 and 46-7-5 of the General Laws in Chapter 46-7 entitled "Stakes and Buoys" are hereby amended to read as follows:

46-7-3. Misuse or injury to federally placed markers in upper Narragansett Bay. -- Every owner and every person having the charge of any vessel, scow, boat, {ADD seine ADD} or raft of any kind, which shall be made fast to any stake or buoy which has been or shall be placed, at the expense of the United States, for the security and direction of vessels either in Providence River or in any part of Narragansett Bay or the waters thereof north of Conimicut Point or in Warren River, and every person who shall in any way injure or destroy any of the stakes and buoys placed as aforesaid, shall forfeit ten dollars ($10.00); two-thirds (2/3) thereof to the use of the United States, in order to replace the stake or buoy, and one-third (1/3) thereof to the use of the person who shall sue for the replacement stake or buoy.

46-7-5. Misuse or injury to markers in Bristol and Conimicut areas. -- Every person who shall make fast any ship, vessel, scow, boat, {ADD seine, ADD} or raft of any kind to the buoy on the shoal south of Conimicut Point or to the stake on that point or to the flagstaff on the halfway rock or to any stake which has been or may be placed at the mouth of Bristol Harbor, or to any of the moorings of those buoys, and the master or owner of the ship, vessel, scow, boat, or raft, shall forfeit twenty dollars ($20.00); to be recovered in the county of Kent, in the county of Bristol or in the county of Providence; one-third (1/3) thereof to the use of the person who shall sue for the amount due, and two-thirds (2/3) thereof to be paid to the collector of customs within whose district the offense shall be committed, for the use of the United States.

SECTION 38. Section 46-15.3-4 of the General Laws in Chapter 46-15.3 entitled "Public Drinking Water Protection" is hereby amended to read as follows:

46-15.3-4. Definitions. -- As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent:

(a) "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells, springs, or surface water.

(b) "Commercial agricultural producers" shall mean purveyors of at least two thousand five hundred dollars ($2,500) of agricultural products during a calendar year.

(c) "Drinking water" means non-carbonated water that is intended for human consumption or other consumer uses whether provided by a supplier of public drinking water or in a container, bottle or package or in bulk, including water used for production of ice, foodstuffs or other products designed for human consumption.

(d) "Eligible expenditure" shall mean the acquisition of a fee simple interest or of a conservation restriction, as that term is defined in section 34-39-2(a) or other interest in watershed lands, including but not limited to costs and expenses relating to the improvement of the lands or interests therein, maintenance of the lands or roads or interests therein, and taxes thereon, or the funding of the construction of physical improvements that directly protect the quality and safety of public drinking water supply. No funds under this section shall be used to extend service lines or expand system capacity.

(e) "Groundwater" means water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the zone of saturation.

(f) "Ground water recharge" means the processes of addition of water to the zone of saturation, that zone beneath the water table.

(g) "Raw Water" shall mean water in its natural state prior to any treatment.

(h) "Recharge Area" means an area in which water is absorbed that eventually reaches the zone of saturation.

(i) "Sale" shall mean all retail sales of potable water to end users for any purpose in the ordinary course of business by a supplier, except for sales exempt pursuant to section 46-15.3-5(c), (d) and (e).

(j) "Source" shall mean the raw water upon which a public water supply system abounds, and refers to both groundwater and surface water.

(k) "Supplier(s) of public drinking water" and "supplier(s)" shall mean any city, town, district or other municipal, quasi-municipal or public or private corporation or company engaged in the sale of potable water and the water supply business in Rhode Island, provided, however, that only suppliers which withdraw water from wells, reservoirs, springs or other original sources in potable quality shall be entitled to disbursements pursuant to section 46-15.3-11.

(l) "The Fund" shall mean the Water Quality Protection Funds as described in section 46-15.3-10.

(m) "Watersheds" shall mean those land areas which because of their topography, soil type, and drainage patterns act as collectors of raw waters which replenish or regorge existing or planned public drinking water supplies.

(n) "Drinking water" means non-carbonated water that is intended for human consumption or other consumer uses whether provided by a supplier of public drinking water or in a container, bottle or package or in bulk, including water used for production of ice, foodstuffs or other products designed for human consumption.

SECTION 39. Chapter 46-21 of the General Laws, entitled "Blackstone Valley Sewer Authority" is hereby repealed in its entirety:

46-21-1. Short title. -- This chapter shall be known and may be cited as the "Blackstone Valley Sewer District Act".

46-21-2. Declaration of necessity for agency. -- Latest surveys of the waters of the state indicate that with the population growth and increased industrial activity in the Blackstone Valley, there has been a resultant increase in pollution, causing extensive damage to natural resources. Inability to properly cope with this problem by reason of wartime shortages and restrictions has magnified the problem to a degree which makes immediate action to abate pollution an urgent necessity. Economy and efficiency dictate the desirability of an overall plan for dealing with the sewage and industrial wastes which originate in several municipalities and industries located in the Blackstone and Moshassuck Valleys, and which are now discharged into the waters of the state without proper treatment. Under the circumstances, the problem can best be solved by the creation of a state agency for the planning, construction, operation, and maintenance of appropriate facilities, to be financed by the pledging of the credit of the state, with appropriate provisions to ensure that the project may be self liquidating.

46-21-3. Definition of terms. -- Wherever used in this chapter, unless the context otherwise requires:

(g) The singular shall be construed to include the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this chapter.

46-21-4. Commission created -- Composition -- Appointment of members. -- (a) There is hereby created a commission to be known as "the Blackstone valley district commission". The commission shall consist of five (5) members, three (3) of whom shall be appointed by the governor, in accordance with the provisions hereof, and two (2) of whom shall be the director of the environmental management and the director of health, ex officiis; provided, however, that any ex officio member may, from time to time, designate a subordinate, from within his department, as a substitute member of the commission, in his or her stead, by filing a written notice thereof in the office of the secretary of state. Any designation may be revoked at any time, by filing a written revocation in that office.

(B) In the month of June, annually, the governor shall appoint a member for a term of three (3) years, to succeed the member whose term shall then expire. Every member appointed shall serve for the term for which he or she is appointed, and thereafter until the member's successor be appointed and qualified, unless removed for cause after the preferring of charges and a public hearing thereon. All vacancies may be filled by the governor for the balance of the unexpired term. Immediately upon the appointment of a new member, the board shall meet and organize by electing one of its number as chairperson.

46-21-5. Expenses of commission -- Employment of personnel and engineering services -- Offices. -- The members of the commission, other than ex-officio members shall be paid fifty dollars ($50.00) per meeting as compensation, but shall not be compensated for more than one meeting per month, and shall be allowed necessary traveling expenses incurred in the performance of their duties under the provisions of this chapter. The commission may employ a secretary and such engineering, technical, clerical, and other assistants as may in its judgment be required, all of whom shall be in the classified service. The commission may by contract obtain engineering services for the drafting of plans, specifications, and estimates, and for supervision of construction or other engineering advice. The commission may expend such sums for the salaries or wages of the secretary and assistants and for office expenses, printing, binding, and travel expenses as it may deem necessary, within the amounts appropriated therefor. The department of administration shall furnish the commission with suitable offices and telephone service in the state house, state office building, or some other convenient location, for the transaction of its business.

46-21-6. Preparation of plans and estimates. -- Subject to the provisions of this chapter, the commission is hereby authorized and directed to combat water pollution within, or emanating from, the Blackstone Valley sewer district, and shall, with the approval of the governor, and within the limitation of any funds appropriated therefor, prepare and/or contract for the preparation of plans, specifications, and estimates for sewers, sewage treatment plants, pumping stations, and other facilities as may, from time to time, in the opinion of the commission, be required to effect the purposes of this chapter, all of which facilities are hereinafter referred to as the project; provided, however, that no treatment plant shall be constructed unless the plans therefor shall have been approved by the director of environmental management.

46-21-7. Construction contracts. -- The commission shall, with the approval of the governor, and within the limitation of funds available therefor, contract for the construction of the project and for the installation of proper equipment therein.

46-21-8. Easements, leases, and agreements as to property. -- The commission, in behalf of, and in the name of the state of Rhode Island with the approval of the governor may, at any time and from time to time, enter into such easements, leases, or agreements concerning the property and rights acquired or built under the provisions of this chapter, for any term or terms not exceeding twenty (20) years, and with such provisions and covenants as the commission shall deem to be in the best interests of the state.

46-21-9. Power to acquire land. -- For any of the purposes of this chapter, the commission, on behalf of the state, may, at any time and from time to time, take by eminent domain or acquire by purchase or otherwise, such lands, water rights, easements, and other property or interests in property, public and private, as it may determine necessary or desirable for the purposes of this chapter.

46-21-10. Use of state land. -- The commission may also use, for the purposes of this chapter, any land or rights in land of the state, upon such terms and conditions as shall be fixed by the governor.

46-21-11. Interests in land taken. -- Any taking under this chapter may be in fee or otherwise, perpetual in duration or for a limited period of time, as the commission shall determine and set forth in the order of taking.

46-21-12. Eminent domain procedure. -- In the exercise of its power of eminent domain under this chapter, the procedure to be followed in connection herewith and with the determination of the sums to be paid for property or rights, or interests therein or incident thereto, thus acquired, shall, so far as may be, be the same as that prescribed in chapter 6 of title 37.

46-21-13. Variations from procedure. -- The commission, however, is hereby authorized to prescribe a procedure, varying from the procedure described in section 46-21-12, in detail, including the time for the giving of notices and for beginning legal proceedings and the like, so far as it shall determine the variation to be necessary in order to carry out the intent and purposes of this chapter in view of the exigencies of the occasion and the importance of speedy action, by filing written notice thereof in the office of the secretary of state. All such filings shall be available for public inspection.

46-21-14. Cooperation with federal government. -- (a) The commission shall have full and complete authority to act as the public agency of the state, to cooperate with and assist the federal government in all matters relating to the planning, constructing, equipping, maintenance, and operation of the project in the event that the federal government should make any federal funds or federal assistance available therefor.

(d)The commission may enter into all necessary contracts and agreements with the federal government, or any agency thereof, necessary or incident to the project, and all such contracts and agreements shall be signed in the name of the commission by the chairperson or some other person or persons designated by the commission.

46-21-15. Application for federal aid. -- Whenever it shall be necessary to obtain assistance from the federal government in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly, for the execution of the project, the commission, with the written approval of the governor, may make all necessary applications to the federal government or any agency thereof for the federal aid. All applications shall be made in writing in the name of the commission, and shall be duly signed by the chairperson or such other person or persons as the commission may designate, and shall be countersigned by the governor.

46-21-16. Use of federal funds. -- The commission may, on behalf of the state, for the purpose of carrying out as a federal project, the project or any part thereof herein authorized, accept or use any federal funds or federal assistance, or both, provided therefor under any federal law, authority to make application therefor being hereby specifically granted to the commission, with the approval of the governor. In the event that federal funds or federal assistance are made available to the state for execution of the project, the project shall be carried out and executed in all respects subject to the provisions of the appropriate federal law providing for the construction of the projects, and the rules and regulations made pursuant thereto, and to such terms, conditions, rules, and regulations, not inconsistent with the federal law, rules, and regulations, as the commission may, with the approval of the governor, establish to ensure the proper execution of the project.

46-21-17. Receipt and deposit of federal funds. -- All moneys paid to the state by the federal government for the purpose of executing the project shall be received by the general treasurer and deposited by the treasurer in the Blackstone Valley sewer district fund.

46-21-18. Sewer connections. -- (a) The commission shall have full and complete power and authority to cause appropriate connections to be made between the Blackstone valley sewer district project and the sewer systems of any of the municipalities in the district. The commission shall also have full and complete power and authority to compel any person, firm, or corporation in the district, for the purpose of sewage disposal, to establish a direct connection on his or its property, or at the boundary thereof, to the district sewer project and to cause the connection to be made at the expense of the person, firm, or corporation, and the expense may be collected by the commission in the same manner as assessments made in accordance with the provisions of section 46-21-23; provided, however, that the commission exempt from the provisions of this section any person, firm, or corporation which has, or which gives evidence satisfactory to the department of environmental management that, within a period of time satisfactory to the department of environmental management, he or she or it shall, at his or her or its own expense, construct, maintain, and operate adequate and satisfactory facilities for the disposal or treatment of sewage originating on his or her or its premises in compliance with the provisions of chapter 12 of this title, and in compliance with the general purpose of this chapter.

(b) The term "direct connection" as used herein shall be construed to include adequate pumping facilities, whenever such facilities shall be necessary to deliver sewage into the project.

46-21-19. Pipes along highway or railroad. -- Whenever the commission shall lay or install any pipes or other equipment under any public highway, private way, right of way, or tracks, the commission shall, as far as possible, restore the public highway, private way, right of way or tracks to its former condition. Nothing in this chapter shall authorize the commission to condemn any portion of the right of way of any railroad, street railway, or other public service company, except for the purpose of crossing the same either above or below grade and of maintaining suitable and convenient supports for the crossing, in a manner as not to render unsafe, or to impair the usefulness of, the right of way for railroad or street railway purposes or the purposes of the public service company.

46-21-20. Operation of project -- Scope of powers. -- The commission shall maintain and operate the Blackstone Valley sewer district project, when constructed, and shall have all implied, incidental, and all additional powers, not inconsistent with any expressed provision of this chapter, which may constitutionally be conferred upon it, as may be proper and reasonably necessary to effectuate the purposes of this chapter and to construct, maintain, and operate the project.

46-21-21. Sewer, user fees, charges, and assessments. -- For the purpose of causing the project and its operation, maintenance, and improvements to be self liquidating, the commission shall, at the request of a member community, assess any person, having a direct or an indirect connection to the project, the reasonable charges for the use, operation, maintenance, and improvements of the project. It is the responsibility of the member community to furnish the commission with the billing information in a form acceptable to the commission and at a time when the commission can reasonably implement the information into its billing system.

46-21-22. Direct assessments against users with indirect connections. -- Upon failure of any municipality on or before August 5, 1953, to avail itself of the provisions of chapter 14 of title 45, the commission shall, except in the case of the city of East Providence, make a direct assessment against any person, firm, or corporation, which has an indirect connection with the the Blackstone Valley sewer district project, for reasonable charges for the use of the project. The commission shall proceed under the provisions of this chapter to collect the assessments from the person, firm, or corporation. Each person, firm or corporation so assessed shall pay the charges assessed against it or them by the commission, within such time as may be prescribed by the rules and regulations of the commission, and the commission may collect all such charges in the same manner in which taxes are collected by municipalities with no additional charges, assessments, or penalties other than those provided for in chapter 9 of title 44. All unpaid charges shall be a lien upon the real estate of the person, firm, or corporation. Provided, however, that in the case of the city of East Providence, the commission shall assess the city of East Providence for the use of the Blackstone Valley sewer district project by any one person, firm, or corporation located within the city of East Providence which has an indirect connection with the Blackstone Valley sewer district project.

46-21-23. Assessments against users with direct connections. -- The commission may similarly assess such charges against any person, firm, or corporation, other than a municipality, which has a direct connection with the Blackstone Valley sewer district project, and may collect all those charges in the same manner in which taxes are collected by municipalities with no additional charges, assessments, or penalties other than those provided for in chapter 9 of title 44; provided, however, that if the person, firm, or corporation also makes use of the sewer system of a municipality the charges assessed by the commission against the person, firm, or corporation shall be equitably apportioned to avoid overlapping assessments. All unpaid charges shall be a lien upon the real estate of the person, firm, or corporation.

46-21-24. Appropriation of revenues. -- All moneys received by the commission for the use of the facilities of the project, shall be paid over to the general treasurer and by her or him deposited in the Blackstone Valley sewer district fund. All moneys in the fund are hereby appropriated, in addition to all other sums appropriated by the provisions of this chapter, to be expended by the commission for administration and all other expenses relating to the planning, constructing, equipping, operation, and maintenance of the system; and the state controller is hereby authorized and directed to draw his orders upon the general treasurer for the payment of such sum or sums as may be necessary from time to time upon receipt by him of duly authenticated vouchers signed by the chairperson of the commission or by a duly designated agent of the commission. Any unexpended balance remaining in the fund at the end of any fiscal year shall be carried forward and made available for expenditure in the succeeding fiscal years.

46-21-25. Rules and regulations. -- Except as herein otherwise specifically provided, the commission is hereby authorized to adopt, and from time to time to amend, such rules and regulations, as may, in the opinion of the commission, be necessary to the proper performance of its duties hereunder. The rules and regulations shall apply to any municipality within the district and to any person, firm or corporation which is subject to the provisions of 46-21-26.

46-21-26. Orders as to treatment of sewage. -- Without limiting the generality of the foregoing, the authority hereby vested in the commission shall include the authority to prescribe by order that any person, firm, or corporation shall cause sewage from his or her or its property to be submitted to such treatment as may be prescribed by the commission prior to its entry into the facilities of the project or the facilities of the cities and towns within the Blackstone Valley sewer district which discharge to the project when, in the opinion of the commission, that treatment is necessary to prevent damage to the Blackstone Valley sewer district facilities or the public health and/or environment.

46-21-27. Rules and regulations -- Review. -- The commission may adopt rules and regulations, or any amendment to existing rules and regulations, according to the provisions of chapter 35 of title 42. The commission shall also give notice thereof, prior to the effective date thereof, by sending, by registered or certified mail a copy thereof to each person interested therein who shall have registered with the commission his name and address, with a request to be so notified. Review of those rules may be had as provided in chapter 35 of title 42.

46-21-28. Notice of rate hearings. -- Before the commission shall establish or amend any rate, rates, schedule, or schedules of rates, the commission shall cause a public hearing to be held for the purpose of the establishment or amendment thereof in accordance with the provisions of chapter 35 of title 42. The commission shall give not less than ten (10) days' notice of the holding of the hearing by advertising the hearing in one or more newspapers published in the county of Providence, and by giving at least ten (10) days' notice thereof, by registered or certified mail, to each person interested therein who shall have registered with the commission his name and address with a request to be so notified.

46-21-29. Conduct of hearings. -- At all hearings held under the provisions of sections 46-21-27 -- 46-21-35, inclusive, the commission and the members thereof, shall have the right to administer oaths. All persons testifying at the hearings shall do so under oath and under penalty of perjury. The commission shall have the right to issue subpoenas to compel the appearance of witnesses and/or the production of any books, records, or other documents. Any person may be represented by counsel at the hearing. The commission may adjourn the hearings from time to time whenever the adjournment shall, in its opinion, be necessary or desirable. The testimony adduced at the hearing shall be transcribed by a stenographer.

46-21-30. Notice of decisions by commission. -- Within a reasonable time following the conclusion of the hearing, the commission shall render its decision and findings and shall give notice thereof by publication in some newspaper published in the county of Providence, and by mailing a copy thereof by registered or certified mail to each person interested therein who shall have registered with the commission his name and address with a request to be so notified.

46-21-31. Review of decisions. -- Any person aggrieved by the decision may obtain a judicial review thereof in accordance with chapter 35 of title 42.

P46-21-32. Notice of hearings on orders. -- Before adopting or entering any order applicable to any one or more specific persons, firms, or corporations, the commission shall give to each of the persons, firms, or corporations, by registered or certified mail, ten (10) days' notice in writing of the time and place of a hearing to be afforded each of the persons, firms, or corporations should he or she or it desire the hearing. The notice shall state the time and place of the holding of the hearing.

46-21-33. Procedure for hearings on orders. -- The provisions of sections 46-21-28 -- 46-21-30, inclusive, relative to hearings, shall be applicable to all hearings held under the provisions of section 46-21-32. The provisions of section 46-21-31 relative to judicial review of decisions shall likewise be applicable to the provisions of section 46-21-32.

46-21-36. Commission expenses as cost of project. -- The expenses of the commission in the performance of its duties hereunder shall be construed to be costs of planning, constructing, operating, and maintaining the Blackstone Valley sewer district project.

46-21-37. Co-operation of state agencies. -- In the performance of its duties hereunder, the commission shall be entitled to ask for and, with the approval of the governor, to receive from any other commission, board, officer, or agency of the state such information, cooperation, assistance, and advice as shall be reasonable and proper in view of the nature of the functions.

46-21-38. Legislative recommendations. -- The commission may, from time to time, recommend to the general assembly the advisability of the enactment of any legislation relating to the project.

46-21-39. Liberal construction -- Lateral sewers. -- The provisions of this chapter shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to the commission by the provisions hereof, the statement thereof shall not be deemed to exclude or impair any power otherwise in this chapter conferred upon the commission; provided, however, that notwithstanding the generality of the provisions of this chapter, this chapter shall not be construed to authorize the commission to construct or enlarge any system of lateral sewers within a municipality.

46-21-40. Severability. -- If any provision of this chapter or of any rule, regulation, or order made thereunder, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of the 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 chapter shall not affect the validity of the remainder of this chapter, and it is hereby declared to be the legislative intent that this chapter would have been enacted if the invalid parts had not been included therein.

46-21-42. Cesspool and private sewage station. -- The Blackstone Valley district commission shall provide a suitable cesspool and private sewage dumping station at a place of its choosing, located in close proximity to its main sewer line at a point thereon to be determined by the commission at some location in the town of Cumberland or the town of Lincoln, for the use of cesspool cleaners and other private collectors of sewage exclusively from the district, as defined in section 46-21-3 (b), so that the cleaners and collectors may, in a sanitary manner, dispose of materials collected from private sources. The commission is expressly empowered to fix and collect reasonable fees for the services provided at the facility.

46-21-43. Penalties. -- In accordance with the rules and regulations of the Blackstone Valley district commission, the following penalties are promulgated:

(d) Any person violating any of the provisions of the rules and regulations shall become liable to the commission for any expense, loss, or damage occasioned the commission by reason of the violation.

46-21-44. Advances in anticipation of receipt of federal funds. -- Upon request of the commission in anticipation of the receipt of federal funds, the director of the department of administration is hereby authorized and empowered, with the approval of the governor, to make advances from the general fund of the state; provided, however, that the advances outstanding and unreturned at any one time shall not exceed two million dollars ($2,000,000); and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of advances upon receipt by controller of proper vouchers signed by the director of the department of administration and approved by the governor.

46-21-45. Authority to borrow in anticipation of user fees or state or federal funds. -- Pursuant to the provisions of this chapter, the commission is hereby authorized and empowered, with the approval of the governor, to borrow in anticipation of the receipt of user fees or state or federal funds.

46-21-46. Short term notes. -- (a) Money borrowed by the commission pursuant to section 46-21-45 shall be evidenced by notes. The principal and interest of all notes of the commission, issued in anticipation of the receipt of state or federal funds, shall be payable no later than the fourth anniversary of the date of issue thereof, and shall be payable from state or federal funds, which the commission reasonable anticipates receiving, or any other funds either legally available to the commission or appropriated for that purpose. The principal and interest of all notes of the commission issued in anticipation of user fees shall be payable within the fiscal year of the commission in which the notes are issued, and the principal amount of the notes shall not exceed in the aggregate eighty percent of the actual receipts received by the commission from user fees in its next prior fiscal year.

(d) The commission may issue such notes in such manner either publicly or privately on such terms as it may determine to be in its best interest. Notes may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, body, or agency of the state, without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, or things which are specifically required by this chapter and by the provisions and resolutions authorizing the issuance of those notes.

46-21-47. Security for notes. -- (a) The principal of and interest on any notes issued by the commission may be secured by a pledge of the general credit of the commission.

(b) Any resolution, under which notes of the commission are authorized to be used (and any trust indenture established thereby), may contain provisions for vesting in a trustee, or paying agent such properties, rights, powers, and duties in trust as the commission may determine.

46-21-48. Exemption from taxation. -- The commission shall not be required to pay state taxes of any kind, and the commission, its projects, property, and moneys and, except for estate, inheritance, and gift taxes, any notes issued under the provisions of this chapter, and the income (including gain from sale or exchange) therefrom, shall at all times be free from taxation of every kind by the state and by the municipalities and all political subdivisions of the state.

46-21-49. Notes as legal investments. -- The notes of the commission are hereby made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them.

P46-21-50. Agreement of state. -- The state does hereby pledge to and agree with the holders of any notes issued under this chapter, that the state will not limit or alter the rights hereby vested in the commission to fulfill the terms of any agreements made with the holders until those notes, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of those holders, are fully met and discharged. The commission is authorized to include this pledge and agreement of the state in any agreement with the holders of those notes.

46-21-51. Credit of state not pledged. -- Notes issued under the provisions of this chapter shall not constitute a debt, liability, or obligation of the state or of any political subdivision thereof, other than the commission, or a pledge of the faith and credit of the state or any political subdivision, other than the commission but shall be payable solely from the revenues or assets of the commission legally available for that purpose. Each note issued under this chapter shall contain on the face thereof a statement to the effect that the state shall not be obligated to pay the same or interest thereon, and that neither the faith and credit nor the taxing power of the state of any political subdivision thereof, other than the commission, is pledged to the payment of the principal or of the interest on the obligation.

46-21-52. Notice of tax sale to resident taxpayer. -- (a) If the person to whom the estate is taxed be a resident of this state, the commission shall notify the resident of the time and place of sale, either by registered or certified mail sent postpaid to the resident's last and usual place of abode not less than twenty (20) days before the date of sale or any adjournment thereof, or be left at the resident's last and usual place of abode, or personally served on the resident not less than twenty (20) days before the date of sale or any adjournment thereof, but no notice of adjournments shall be necessary other than the announcement made at the sale.

(c) If the estate taxed is a corporation, the notice may be sent either by registered or certified mail to its place of business or left at the business office of the corporation with some person there employed.

46-21-53. Combined sewer overflows studies. -- It shall be the responsibility of the authority, and not the responsibility of any city or town within the Blackstone Valley Sewer District, to conduct and fund such general combined sewer overflow studies, to prepare such engineering and design studies of combined sewer overflow facilities, and to construct such combined sewer overflow facilities as may be required by law or as may be necessary to combat water pollution within, or emanating from, the Blackstone Valley Sewer District, or otherwise to effect the purposes of this chapter.

SECTION 40. Section 46-23-6 of the General Laws in Chapter 46-23 entitled "Coastal Resources Management Council" is hereby amended to read as follows:

46-23-6. Powers and duties. -- In order to properly manage coastal resources the council shall have the following powers and duties:

(A) {ADD Planning and management. ADD}

(1) The primary responsibility of the council shall be the continuing planning for and management of the resources of the state's coastal region. The council shall be able to make any studies of conditions, activities, or problems of the state's coastal region needed to carry out its responsibilities.

(2) The resources management process shall include the following basic phases:

(a) Identify all of the state's coastal resources, water, submerged land, air space, fin fish, shellfish, minerals, physiographic features, and so forth.

(b) Evaluate these resources in terms of their quantity, quality, capability for use, and other key characteristics.

(c) Determine the current and potential uses of each resource.

(d) Determine the current and potential problems of each resource.

(e) Formulate plans and programs for the management of each resource, identifying permitted uses, locations, protection measures, and so forth.

(f) Carry out these resources management programs through implementing authority and coordination of state, federal, local, and private activities.

(g) Formulation of standards where these do not exist, and re-evaluation of existing standards.

(3) An initial series of resources management activities shall be initiated through this basic process, then each phase shall continuously be recycled and used to modify the council's resources management programs and keep them current.

(4) Planning and management programs shall be formulated in terms of the characteristics and needs of each resource or group of related resources. However, all plans and programs shall be developed around basic standards and criteria, including:

(a) The need and demand for various activities and their impact upon ecological systems.

(b) The degree of compatibility of various activities.

(c) The capability of coastal resources to support various activities.

(d) Water quality standards set by the department of health.

(e) Consideration of plans, studies, surveys, inventories, and so forth prepared by other public and private sources.

(f) Consideration of contiguous land uses and transportation facilities.

(g) Whenever possible consistency with the state guide plan.

(B) {ADD Implementation. ADD}

(1) The council is authorized to formulate policies and plans and to adopt regulations necessary to implement its various management programs. Upon formulation of such plans and regulations, the council shall prior to adoption, submit the proposed plans or regulations to the director of the environment for the director's review. The director shall review and submit comments to the council within thirty (30) days of submission to the director by the council. The council shall consider the director's comments prior to adoption of any plans or regulations.

(2) Any person, firm, or governmental agency proposing any development or operation within, above, or beneath the tidal water below the mean high water mark, extending out to the extent of the state's jurisdiction in the territorial sea shall be required to demonstrate that its proposal would not:

(i) Conflict with any resources management plan or program;

(ii) Make any area unsuitable for any uses or activities to which it is allocated by a resources management plan or program; or

(iii) Significantly damage the environment of the coastal region. The council shall be authorized to approve, modify, set conditions for, or reject any such proposal.

(3) The authority of the council over land areas (those areas above the mean high water mark) shall be limited to two hundred (200) feet from the coastal physiographic feature or to that necessary to carry out effective resources management programs. This shall be limited to the authority to approve, modify, set conditions for, or reject the design, location, construction, alteration, and operation of specified activities or land uses when these are related to a water area under the agency's jurisdiction, regardless of their actual location. The council's authority over these land uses and activities shall be limited to situations in which there is a reasonable probability of conflict with a plan or program for resources management or damage to the coastal environment. These uses and activities are:

(a) Power generating {ADD over forty (40) megawatts ADD} and desalination plants.

(b) Chemical or petroleum processing, transfer, or storage.

(c) Minerals extraction.

(d) Shoreline protection facilities and physiographical features, and all directly associated contiguous areas which are necessary to preserve the integrity of such facility and/or features.

(e) Coastal wetlands and all directly associated contiguous areas which are necessary to preserve the integrity of such wetlands. For the purpose of this chapter, a "coastal wetland" shall mean any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh. Marshes shall include those areas upon which grow one or more of the following: smooth cordgrass (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black rush (juncus gerardi), saltworts (salcornia spp.), sea lavender (limonium carolinianum), saltmarsh bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha angustifolia), spike rush (eleocharis rostellata), chairmaker's rush (scirpus amercana), creeping bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus).

(f) Sewage treatment and disposal and solid waste disposal facilities.

(C) {ADD Coordination. ADD} The council shall have the following coordinating powers and duties:

(1) Functioning as a binding arbitrator in any matter of dispute involving both the resources of the state's coastal region and the interests of two (2) or more municipalities or state agencies.

(2) Consulting and coordinating actions with local, state, regional, and federal agencies and private interests.

(3) Conducting or sponsoring coastal research.

(4) Advising the governor, the general assembly, and the public on coastal matters.

(D) {ADD Operations. ADD} The council shall be authorized to exercise the following operating functions, which are essential to management of coastal resources:

(1) Issue, modify, or deny permits for any work in, above, or beneath the areas under its jurisdiction, including conduct of any form of aquaculture.

(2) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of coastal wetlands and all directly related contiguous areas which are necessary to preserve the integrity of the wetlands.

(3) Grant licenses, permits, and easements for the use of coastal resources which are held in trust by the state for all its citizens, and impose fees for private use of these resources.

(4) Determining the need for and establishing pierhead, bulkhead, and harbor lines.

(5) Enforcing and implementing riparian rights in the tidal waters after judicial decisions.

(E) {ADD Rights-of-way. ADD}

(1) The council shall be responsible for the designation of all public rights of way to the tidal water areas of the state, and shall carry on a continuing discovery of appropriate public rights of way to the tidal water areas of the state.

(2) The council shall maintain a complete file of all official documents relating to the legal status of all public rights-of-way to the tidal water areas of the state.

(3) The council shall have the power to designate for acquisition, development, and posting and all other functions of any other department for tidal rights-of-way and land for tidal rights-of-way parking facilities and other council related purposes.

Further, the council shall have the power to develop and prescribe a standard sign to be used by the cities and towns to mark designated rights-of-way.

(4) In conjunction therewith every state department controlling state owned land close to or adjacent to discovered rights-of-way are authorized to set out the land, or so much thereof as may be deemed necessary for public parking.

(5) No such use of land for public parking shall conflict with existing or intended use of the land, and no improvement shall be undertaken by any state agency until detailed plans have been submitted to and approved by the governing body of the local municipality.

(6) In designating rights-of-way, the council shall consider the following matters in making its designation:

(a) Land evidence records;

(b) The exercise of domain over the parcel such as maintenance, construction, or upkeep;

(c) The payment of taxes;

(d) The creation of a dedication;

(e) Public use;

(f) Any other public record or historical evidence such as maps, and street indexes;

(g) Other evidence as set out in section 42-35-10.

(7) A determination by the council that a parcel is a right-of-way shall be decided by substantial evidence.

(8) The council shall be notified whenever by the judgment of the governing body of a coastal municipality, a public right of way to tidal water areas located in such municipality has ceased to be useful to the public, and such governing body proposes an order of abandonment of such public right of way. Said notice shall be given not less than sixty (60) days prior to the date of such abandonment.

(F) {ADD Pre-existing residential boating facilities. ADD}

(1) The council is hereby authorized and empowered to issue assent for pre-existing residential boating facilities constructed prior to January 1, 1985. These assents may be issued for pre-existing residential boating facilities, even though such facilities do not meet current standards and policies of the council, provided, however, that the council finds that such facilities do not pose any significant risk to the coastal resources of the state of Rhode Island and do not endanger human safety.

(2) In addition to the above criteria, the applicant shall provide clear and convincing evidence that:

(a) the facility existed in substantially the same configuration as it now exists prior to January 1, 1985;

(b) the facility is presently intact and functional; and

(c) the facility presents no significant threat to the coastal resources of the state of Rhode Island or human safety.

(3) The applicant, to be eligible for this provision, shall apply not later than January 31, 1996.

(4) The council is directed to develop rules and regulations necessary to implement this subsection (F).

(5) It is the specific intent of this subsection to require that all pre-existing residential boating facilities constructed on January 1, 1985 or thereafter conform to this chapter and the plans, rules and regulations of the council.

SECTION 41. Section 42-8-8 of the General Laws in Chapter 42-8 entitled "Department of State" is hereby amended to read as follows:

42-8-8. Transmission of appropriation laws. -- {ADD 42-8-8. Transmission of appropriation laws and enactments. -- ADD} The secretary of state shall, immediately after the passage of any act or resolution making an appropriation out of the state treasury, transmit a copy of the act or resolution to the director of administration.

{ADD The secretary of state shall, immediately after the passage of any act or resolution, transmit the act or resolution, to the law revision officer for processing. ADD}

SECTION 42. This section and sections 3 through 41 shall take effect upon passage; sections 1 and 2 shall take effect on December 31, 1996.