A N     A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

Introduced By: Representative Peter F. Kilmartin

Date Introduced : February 2, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Section 5-1-13 of the General Laws in Chapter 5-1 entitled "Architects" is hereby amended to read as follows:

5-1-13. Revocation or suspension of certificates of registration or of authorization. -- {ADD (a) ADD} After notice and hearing as provided in section 5-1-13.1, the board may {DEL (a) DEL} {ADD (1) ADD} suspend for a period not exceeding two (2) years, or revoke any certificate of registration; {DEL (b) DEL} {ADD (2) ADD} revoke or suspend any certificate of authorization issued under the provisions of section 5-1-10; and {DEL (c) DEL} {ADD (3) ADD} publicly censure, or reprimand or censure in writing, limit the scope of practice of, impose an administrative fine upon (not to exceed one thousand dollars ($1,000) for each violation), or place on probation, all with or without terms, conditions or limitations, holders of a certificate of registration or a certificate of authorization, ( {DEL hereafter DEL} {ADD subsequently ADD} referred to as licensee(s)), for any or more of the {DEL following DEL} causes {DEL : DEL} {ADD set out in subsection (b). ADD}

{ADD (b) The board may take actions specified in subsection (a) for any of the following causes: ADD}

(1) Bribery, fraud or misrepresentation in obtaining a certificate of registration or certificate of authorization;

(2) Practicing architecture in another state or country in violation of the laws of that state or country;

(3) Practicing architecture in this state in violation of the standards of professional conduct established by the board;

(4) Fraud, deceit, recklessness, gross negligence, or incompetence in the practice of architecture;

(5) Use of an architect's stamp in violation of section 5-1-12;

(6) Violation of any of the provisions of this chapter;

(7) Suspension or revocation of the right to practice architecture before any state or before any other country/jurisdiction;

(8) Conviction of or pleading guilty or nolo contendere to a crime or an act constituting a crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses involving moral turpitude, in a court of competent jurisdiction of this state or any other state or of the federal government;

(9) Failure to furnish to the board or any person acting on behalf {DEL thereof such DEL} {ADD of the board any ADD} information {DEL as DEL} {ADD that ADD} may be legally requested by the board;

(10) Any conduct reflecting adversely upon the licensee's fitness to engage in the practice of architecture; and

(11) Any other conduct discreditable to the architectural profession.

SECTION 2. Section 5-3.1-12 of the General Laws in Chapter 5-3.1 entitled "Public Accountancy" is hereby amended to read as follows:

5-3.1-12. Revocation or suspension of certificate, authority or permit. -- {ADD (a) ADD} After notice and hearing as provided in section 5-3.1-14, the board may {DEL (a) DEL} {ADD (1) ADD} suspend, for a period not to exceed two (2) years, or revoke any certificate issued under section 5-3.1-5, or any predecessor provision thereof, and any authority as a public accountant issued under the prior laws of this state; {DEL (b) DEL} {ADD (2) ADD} revoke or suspend any permit issued under sections 5-3.1-7, 5-3.1-8, 5-3.1-9, or their predecessor provisions; and {DEL (c) DEL} {ADD (3) ADD} reprimand or censure in writing, limit the scope of practice of, impose an administrative fine upon (not to exceed $1,000), or place on probation, all with or without terms, conditions, or limitations, a licensee, {ADD for any of the causes specified in subsection (b). ADD}

{ADD (b) The board may take action specified in subsection (a) ADD} for any one or more of the following causes:

(1) Fraud or deceit in obtaining a certificate or permit under this chapter;

(2) Dishonesty, fraud, or gross negligence in the practice of public accounting or in the filing or failing to file the licensee's own income tax returns;

(3) Violation of any of the provisions of this chapter;

(4) Violation of any rules and regulations, including but not limited to any rules of professional conduct, promulgated by the board under the authority granted by this chapter;

(5) Conviction of or pleading guilty or nolo contendere to a crime or an act constituting a crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, misappropriation of funds, tax evasion, or any other similar offense or offenses involving moral turpitude, in a court of competent jurisdiction of this or any other state or in federal court;

(6) Cancellation, revocation, or suspension of, or refusal to renew the licensee's certificate or permit from another state by {DEL such DEL} {ADD the ADD} other state for any cause other {DEL then DEL} {ADD than ADD} failure to pay a fee or to meet the requirements of continuing education in that other state;

(7) Suspension or revocation of the right to practice public accounting before any state or federal agency;

(8) {DEL With respect DEL} {ADD As ADD} to accountants licensed by foreign countries, cancellation, revocation, suspension, or refusal to renew {DEL such DEL} {ADD the ADD} person's certificate, license, or degree evidencing his or her qualification to practice public accounting by the foreign country issuing the {DEL same, such DEL} {ADD certificate, license or degree, the ADD} certificate, license, or degree having qualified the accountant for issuance of an annual limited permit to practice under section 5-3.1-8;

(9) Failure to furnish the board or any persons acting on behalf {DEL thereof such DEL} {ADD of the board ADD} {ADD any ADD} information {DEL as may DEL} {ADD that is ADD} legally {DEL be DEL} requested by the board;

(10) Any conduct reflecting adversely upon the licensee's fitness to engage in the practice of public accountancy; and

(11) Any other conduct discreditable to the public accounting profession.

SECTION 3. Section 5-8-11 of the General Laws in Chapter 5-8 entitled "Engineers" is hereby amended to read as follows:

5-8-11. General requirements for registration or certification. -- (a) Engineer or engineer in training.. - To be eligible for registration as a professional engineer or certification as an engineer-in-training, an applicant must be of good character and reputation and shall submit five (5) references with his or her application for registration, three (3) of which references shall be registered engineers having personal knowledge of his or her engineering experience, or in the case of an application for certification as an engineer-in-training, by three (3) character references.

(b) The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for registration as a professional engineer or for certification as an engineer in training, respectively:

(1) As a Professional Engineer:

(i) Registration by endorsement.. - (A) A person holding a current certificate of registration to engage in the practice of engineering, on the basis of comparable written examinations, issued to him or her by either a proper authority of a state, territory, or possession of the United States, the District of Columbia, or of any foreign country, and whose qualifications meets the requirements of this chapter, based on verified evidence may, upon application, be registered without further examination.

(B) A person holding a certificate of qualification issued by the national council of examiners for engineering and surveying, whose qualifications meet the requirements of this chapter, may, upon application, be registered without further examination, provided he or she is otherwise qualified.

(ii) Graduation from an accredited program, experience and examination.. - A graduate of or senior enrolled in an ABET accredited engineering curriculum of four (4) years or more approved by the board as being of satisfactory standing, shall be admitted to an eight (8) hour written examination in the fundamentals of engineering. Upon passing this examination and obtaining a specific record of a minimum of four (4) years of experience in engineering work of a grade and character which indicates to the board that the applicant may be competent to practice engineering, the applicant may be admitted to an eight (8) hour written examination in the principles and practice of engineering. Such a graduate having a specific record of twelve (12) years or more of experience in engineering work of a grade and character which indicates to the board that the applicant may be competent to practice engineering, shall be admitted to an eight (8) hour written examination in the principles and practice of engineering. Upon passing that examination, the applicant shall be granted a certificate of registration to practice engineering in this state, provided he or she is otherwise qualified.

(iii) Graduation from a nonaccredited program, experience, and examination.. - A graduate of or senior enrolled in an engineering curriculum of four (4) years or more other than those approved by the board as being of satisfactory standing shall be admitted to an eight (8) hour written examination in the fundamentals of engineering. Upon passing this examination and obtaining a specific record of a minimum of four (4) years of experience in engineering work of a grade and character which indicates to the board that the applicant may be competent to practice engineering, the applicant may be admitted to an eight (8) hour written examination in the principles and practice of engineering. Upon passing said examinations, the applicant shall be granted a certificate of registration to practice engineering in this state, provided he or she is otherwise qualified.

{DEL (iv) Long established practice.. - An applicant, with a specific record of at least twenty (20) years of lawful practice in engineering work, of which at least ten (10) years have been in responsible charge of important engineering work, and of a grade and character which indicates to the board that the applicant may be competent to practice engineering and who has passed an eight (8) hour written examination in the principles and practice of engineering, and is otherwise qualified, shall be registered to practice engineering in this state. This subsection shall expire at midnight June 30, 1993. DEL}

{DEL (v) DEL} {ADD (iv) ADD} Teaching.. - Engineering teaching in a college or university offering an ABET accredited engineering curriculum of four (4) years or more may be considered as engineering experience.

{DEL (vi) DEL} {ADD (v) ADD} Engineers previously registered.. - Each engineer holding a certificate of registration and each engineer-in-training under the laws of this state as heretofore in effect shall be deemed registered as an engineer or engineer in training as appropriate under this chapter.

(2) As an Engineer-In-Training:

The following shall be considered as minimum evidence that the applicant is qualified for certification as an engineer-in-training:

(i) Graduation and examination.. - A graduate of an ABET accredited engineering curriculum of four (4) years or more who has passed the board's eight (8) hour written examination in the fundamentals of engineering shall be certified or enrolled as an engineer-in-training, provided he or she is otherwise qualified.

(ii) Graduation from a nonaccredited program and examination.. - A graduate of a nonaccredited engineering curriculum of four (4) years or more who has passed the board's eight (8) hour written examination in the fundamentals of engineering and has obtained two (2) years of engineering experience of a grade and character approved by the board shall be certified and enrolled as an engineer-in-training provided he or she is otherwise qualified.

(iii) Duration of engineer-in-training certification.. - The certification or enrollment of an engineer-in-training shall be valid for a period of twelve (12) years.

SECTION 4. Section 5-11-18 of the General Laws in Chapter 5-11 entitled "Hawkers and Peddlers" is hereby amended to read as follows:

5-11-18. Local licensing -- Fees -- Persons exempt. -- {ADD (a) ADD} The board or bureau of police commissioners in any city or town where a board or bureau of police commissioners is established, and if no board or bureau of police commissioners {DEL be DEL} {ADD is ADD} established then the town council of any town or the city council of any city, is {DEL hereby DEL} authorized to provide, by ordinance in the case of any city council or town council {DEL , DEL} {ADD (1) ADD} for the issuing and revocation for just and good cause of licenses to all hawkers and peddlers; {DEL and also DEL} {ADD (2) ADD} in like manner to fix a penalty, not exceeding for any one offense a fine of two hundred dollars ($200) or imprisonment not exceeding ten (10) days, for selling or offering for sale any goods, wares or merchandise {DEL whatsoever DEL} including food or beverages as hawkers and peddlers within that town or city without a license; and {DEL also DEL} {ADD (3) ADD} for charging and collecting fees for those licenses; provided, that the fee charged by any board or bureau of police commissioners or city or town council, for any one license for any one year, for selling or offering for sale, as a hawker and peddler, shall not exceed the sum of fifty dollars ($50.00); and provided, further, that no license shall be required of any person selling religious books and publications in behalf of bible, tract, or other religious or moral societies for the purpose of promoting religious or moral improvement, and which are sold for that purpose and not for pecuniary profit; nor of any person peddling or selling any articles of wearing apparel manufactured with his or her own hands {DEL ; provided however, that DEL} {ADD . ADD}

{ADD (b) The following provisions as to the issuance and revocation of licenses apply to the city and town councils specified (1) ADD} the city council of the city of Woonsocket is {DEL hereby DEL} authorized to provide, by ordinance, for the issuing and revocation at pleasure of licenses to hawkers and peddlers, pursuant to the provisions of this section, on a weekly basis and to establish a fee not to exceed five hundred dollars ($500) per year {DEL , and provided further, that DEL} {ADD ; (2) ADD} the town councils of the towns of Middletown, East Greenwich, and Glocester are hereby authorized to provide, by ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddlers, pursuant to the provisions of this section on a daily or weekly basis, to establish reasonable fees {DEL therefor DEL} {ADD for the issuance and revocation ADD}, and to promulgate by ordinance reasonable rules and regulations {DEL with regard DEL} {ADD as ADD} to the placement, duration, location, number, and operation of those licenses within the town {DEL , and provided further, that DEL} {ADD ; (3) ADD} the town councils of the towns of Cumberland and Bristol are {DEL hereby DEL} authorized to provide, by ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddlers on all state highways within the town on July 4 in any year and on a daily or weekly basis, and to establish reasonable fees {DEL therefor DEL} {ADD for the issuance and revocation ADD}, and to promulgate by ordinance reasonable rules and regulations {DEL with regard DEL} {ADD as ADD} to placement, duration, location, number, and operation of those licenses within the town {DEL and provided further that DEL} {ADD ; (4) ADD} the town council of the town of Smithfield is {DEL hereby DEL} authorized to provide, by ordinance, for the discretionary issuance and revocation of licenses on a daily, weekly, monthly or annual basis, to establish reasonable fees {DEL therefor DEL} {ADD for the issuance and revocation ADD} not to exceed five hundred dollars ($500) per year and to promulgate by ordinance reasonable rules and regulations {DEL with regard DEL} {ADD as ADD} to the placement, duration, location, number, and operation of these licenses within the town of Smithfield {DEL and provided further that DEL} {ADD ; (5) ADD} the city council of the city of Providence is {DEL hereby DEL} authorized to provide, by ordinance, for the issuance and revocation of licenses to hawkers and peddlers and to provide for the promulgation of reasonable rules and regulations {DEL with regard DEL} {ADD as ADD} to the placement, duration, location, number and operation of {DEL said DEL} {ADD those ADD} licenses within the city of Providence, and to establish reasonable fees {DEL therefor DEL} {ADD for the issuance and revocation ADD} that may exceed the sum prescribed in this section {DEL and provided further that DEL} {ADD ; (6) ADD} the city council of the city of Pawtucket is {DEL hereby DEL} authorized to provide, by ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddlers on a daily, weekly, monthly, or annual basis and to promulgate by ordinance reasonable rules and regulations {DEL with regard DEL} {ADD as ADD} to the placement, duration, location, number, and operation of {DEL said DEL} {ADD those ADD} licenses within the city of Pawtucket and to establish reasonable fees {DEL therefor DEL} {ADD for the issuance and revocation ADD} that may exceed the sum prescribed in this section {DEL and provided further that DEL} {ADD ; (7) ADD} the town council of the town of Tiverton is {DEL hereby DEL} authorized to provide, by ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddlers on a daily, weekly, monthly or annual basis, to establish reasonable fees {DEL therefor DEL} {ADD for the issuance and revocation ADD} not to exceed five hundred dollars ($500) per year and to promulgate by ordinance reasonable rules and regulations {DEL with regard DEL} {ADD as ADD} to the placement, duration, location, number and operation of these licenses within the town of Tiverton. {DEL Provided further that no DEL}

{ADD (c) No ADD} license shall be issued {DEL hereunder DEL} {ADD under this section ADD} without {DEL said DEL} {ADD the ADD} hawker or peddler providing proof that he or she has been issued a permit to make sales at retail by the division of taxation. Each applicant shall provide two (2) forms of identification containing the applicant's address prior to the issuance of {DEL any such DEL} {ADD that ADD} peddling license. If the applicant is a resident of a homeless shelter or other transitional housing program, a letter certifying this residency from the homeless shelter or transitional housing program will be acceptable in lieu of the two (2) forms of identification containing the applicant's address.

SECTION 5. Section 5-15-9 of the General Laws in Chapter 5-15 entitled "Itinerant Vendors" is hereby amended to read as follows:

5-15-9. Enforcement of claims against deposit. -- Each deposit made with the general treasurer {DEL shall be DEL} {ADD is ADD} subject, {DEL so DEL} {ADD as ADD} long as it remains in his or her hands, to attachment and execution in behalf of creditors whose claims arise in connection with business done in the state, and to the payment of any {DEL and all DEL} fines and penalties incurred by the licensee through violations of this chapter. Claims under civil process shall be enforced against the general treasurer as garnishee or trustee by action in the usual form. All claims upon each deposit shall be satisfied after judgment in the order in which notice of the claim is received by the general treasurer, until all those claims are satisfied, or the deposit exhausted; but no notice filed after the expiration of the sixty (60) days limit {DEL aforesaid shall be valid DEL} {ADD referred to in section 5-15-8 is valid ADD}. No deposits shall be paid over by the general treasurer to licensees so long as there are any outstanding claims or notices of claims against them respectively, unless he or she {DEL shall DEL} find {ADD s ADD} that there is unreasonable delay in enforcing those claims.

SECTION 6. Section 5-22-13 of the General Laws in Chapter 5-22 entitled "Shows and Exhibitions" is hereby amended to read as follows:

5-22-13. Building inspection as prerequisite to license. -- A license shall not be issued under the provisions of sections 5-22-4 -- 5-22-12 {ADD of this chapter until the building to be used for the show for which that ADD} license is desired, together with the apparatus if a motion picture show is to be licensed, has been inspected by the inspector of buildings appointed as provided in title 23 and the inspector has filed with the licensing authorities a certificate in writing showing that the building or apparatus meets, in all respects, the requirements of title 23, and is otherwise safe to use for the purpose for which the license is desired and until the building has also been inspected by the chief of the respective fire department or his or her assistants who shall also file with the licensing authorities a certificate in writing showing that the building or apparatus meets, in all respects, the requirements of the general and public laws of this state for the protection of life and property against the menace of fire. If the building or apparatus does not meet those requirements or is otherwise unsafe, then {DEL no such DEL} {ADD the ADD} license shall {ADD not ADD} be issued, and if any license is {DEL so DEL} issued that license {DEL shall be DEL} {ADD is ADD} void. Any person managing or promoting a show under any void license shall upon conviction {DEL thereof DEL} suffer the penalty provided in section 5-22-18.

SECTION 7. Sections 5-37-2 and 5-37-6.3 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" are hereby amended to read as follows:

5-37-2. License to practice -- Qualifications of applicants -- Fee -- Reexamination. -- (a) (1) Authority to practice allopathic or osteopathic medicine under this chapter shall be by a license issued by the director of health to any reputable physician who intends to practice allopathic or osteopathic medicine in this state, and who meets the requirements for licensure set forth in this chapter and regulations established by the board or by the director. Applicants for licensure shall present satisfactory evidence of graduation from a medical school or school of osteopathic medicine approved by the board and in good standing, who shall meet post graduate training requirements and such other requirements as the board or director by regulation shall establish, and pass in a satisfactory manner such examination as the board may require. Any physician applying for licensure shall pay an application fee of three hundred fifty dollars ($350) and that fee shall in no case be returned. Applicants requiring reexamination shall submit a fee of three hundred fifty dollars ($350) for each reexamination.

(2) A license to practice allopathic medicine shall be issued to persons who have graduated from a school of medicine, possess a degree of doctor of medicine (or meet the requirements of subsection (b)) and otherwise meet the requirements for licensure.

(3) A license to practice osteopathic medicine shall be issued to persons who have graduated from a school of osteopathic medicine and possess a degree of doctor of osteopathy and otherwise meet the requirements for licensure. A license to practice osteopathic medicine shall confer upon the holder thereof, the right to practice osteopathic medicine in all its branches as taught and practiced in accredited colleges of osteopathic medicine. The holder of that license shall be subject to the same duties and liabilities and entitled to the same rights and privileges which may be imposed by law or governmental regulation upon physicians of any school of medicine.

(b) (1) Qualification of Certain Other Applicants for License.. - Notwithstanding any other provisions of this section an individual, who at the time of his or her enrollment in a medical school outside the United States is a citizen of the United States, {DEL shall be DEL} {ADD is ADD} eligible to {DEL make application DEL} {ADD apply ADD} for a certificate pursuant to this section if he or she has satisfied the following requirements: (i) has studied medicine in a medical school located outside the United States which is recognized by the world health organization; (ii) has completed all of the formal requirements of the foreign medical school except internship and/or social service; (iii) has attained a score satisfactory to a medical school approved by the liaison committee on medical education on a qualifying examination acceptable to the state board for medicine, and has satisfactorily completed one academic year of supervised clinical training under the direction of any United States medical school; (iv) has completed the post-graduate hospital training required by the board of applicants for licensure; and (v) has passed the examination required by the board of all applicants for licensure.

(2) Satisfaction of the requirements of subdivision (b)(1) shall be in lieu of the completion of any foreign internship and/or social service requirements, and no such requirements shall be a condition of licensure as a physician in this state.

(3) Satisfaction of the requirements of subdivision (b)(1) shall be in lieu of certification by the educational council for foreign medical graduates, and such certification shall not be a condition of licensure as a physician in this state {ADD . ADD} {DEL for candidates who have completed the requirements of subdivision (b)(1). DEL}

(4) No hospital licensed by this state, or operated by the state or a political subdivision thereof or which receives state financial assistance, directly or indirectly, shall require an individual who at the time of his or her enrollment, in a medical school outside the United States is a citizen of the United States, to satisfy any requirements other than those contained in subdivisions (b)(1)(i), (b)(1)(ii), and (b)(1)(iii) prior to commencing an internship or residency.

(5) A document granted by a medical school located outside the United States which is recognized by the world health organization issued after the completion of all the formal requirements of such foreign medical school except internship and/or social service shall, upon certification by the medical school in which such training was received of satisfactory completion by the person to whom such document was issued of the requirements in subdivision (b)(1)(iii), be deemed the equivalent of a degree of doctor of medicine for purposes of licensure and practice as a physician in this state.

(6) No funds appropriated by the general assembly to any school or college of medicine shall be disbursed until the director of health has certified that such school or college has established, and will maintain until December 31, 1989 a clinical training program as contemplated by subdivision (b)(1)(iii), to accommodate such residents of this state deemed qualified by said school or college of medicine consistent with such school's {DEL and DEL} {ADD or ADD} college's educational resources.

5-37-6.3. Sanctions. -- If the accused is found guilty of unprofessional conduct as set forth {DEL above DEL} {ADD in section 5-37-6.2 ADD}, the director, at the direction of the board, shall impose one or more of the following conditions:

(1) Administer a reprimand;

(2) Suspend or limit or restrict his or her license or limited registration to practice medicine;

(3) Require him or her to serve a period of probation subject to certain conditions and requirements including, where appropriate, sanctions or restitution;

(4) Revoke indefinitely his or her license or limited registration to practice medicine;

(5) Require him or her to submit to the care, counseling, or treatment of a physician or program acceptable to the board;

(6) Require him or her to participate in a program of continuing medical education the area or areas in which he or she has been judged deficient;

(7) Require him or her to practice under the direction of a physician in a public institution, public or private health care program, or private practice for a period of time specified by the board;

(8) Assess against the doctor the administrative costs of the proceedings instituted against the doctor under this chapter; provided, however, such assessment shall not exceed ten thousand dollars ($10,000);

(9) Any other condition(s) or restrictions deemed appropriate under the circumstances.

SECTION 8. Section 5-37.4-3 of the General Laws in Chapter 5-37.4 entitled "Intractable Pain Treatment" is hereby amended to read as follows:

5-37.4-3. Controlled substances. -- (1) A physician may prescribe, administer or dispense controlled substances not otherwise prohibited by law for a therapeutic purpose to a person diagnosed and treated by a physician for a condition resulting in intractable pain, if such diagnosis and treatment has been documented in the physician's medical records. No physician shall be subject to disciplinary action by the board solely for prescribing, administering or dispensing controlled substances when prescribed, administered or dispensed for a therapeutic purpose for a person diagnosed and treated by a physician for a condition resulting in intractable pain, if such diagnosis and treatment has been documented in the physician's medical records.

(2) The provisions of subsection (1) of this section shall not apply to those persons being treated by a physician for chemical dependency because of their use of controlled substances not related to the therapeutic purposes of treatment of intractable pain.

(3) The provisions of subsection (1) of this section provide no authority to a physician to prescribe, administer or dispense controlled substances to a person the physician knows or should know to be using controlled substances which use is not related to the therapeutic purpose.

(4) Drug dependency or the possibility of drug dependency in and of itself is not a reason to withhold or prohibit the prescribing, administering or dispensing of controlled substances for the therapeutic purpose of treatment of a person for intractable pain, nor shall dependency relating solely to such prescribing, administering or dispensing subject a physician to disciplinary action by the board.

(5) Nothing in this section shall deny the right of the board to deny, revoke or suspend the license of any physician or otherwise discipline any physician who:

(1) Prescribes, administers or dispenses a controlled substance that is nontherapeutic in nature or nontherapeutic in the manner in which it is prescribed, administered or dispensed, or fails to keep complete and accurate on-going records of the diagnosis and treatment plan;

(2) Fails to keep complete and accurate records of controlled substances received, prescribed, dispensed and administered, and disposal of drugs as required by law or of controlled substances scheduled in the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 USC 801, et seq. A physician shall keep records of controlled substances received, prescribed, dispensed and administered, and disposal of these drugs shall include the date of receipt of the drugs, the sale or disposal of the drugs by the physician, the name and address of the person receiving the drugs, and the reason for the disposal or the dispensing of the drugs to the person;

(3) Writes false or fictitious prescriptions for controlled substances as prohibited by law, or for controlled substances scheduled in the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 USC 801, et seq.; or

(4) Prescribes or administers, or dispenses in a manner which is inconsistent with provisions of the law, or the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 USC 801, et seq. {ADD , any controlled substance. ADD}

SECTION 9. Section 5-38.1-2 of the General Laws in Chapter 5-38.1 entitled "Motor Vehicle Repair Businesses in the City of Pawtucket" is hereby amended to read as follows:

5-38.1-2. Hearings and objections by neighboring landowners. -- (a) The city council of the city of Pawtucket {ADD , ADD} before granting a license under this chapter to operate a motor vehicle repair business, {DEL hereinafter DEL} defined {ADD in section 5-38.1-3 ADD}, in any location not lawfully occupied for {DEL such DEL} {ADD that ADD} purpose at the time of the application for {DEL such DEL} {ADD the ADD} license, shall hold a public hearing, notice of which shall be given by advertisement published once a week for at least two (2) weeks prior to the hearing in the manner provided by law. The advertisement shall be published in a newspaper of general circulation in the city of Pawtucket {DEL , DEL} {ADD ; ADD} provided, {DEL however, DEL} that before the local licensing authority {DEL shall publish DEL} {ADD publishes ADD} notice of a hearing it shall collect from the applicant for the license a fee of ten dollars ($10.00), plus the cost of posting and publishing the notice. The notice shall state that remonstrants are entitled to be heard and shall name the date, time and place of the hearing.

(b) The local licensing authority, before granting a license under this ordinance, shall {DEL have caused DEL} {ADD provide ADD} notice of the application {DEL to be given, DEL} {ADD , ADD} by mail, to all owners of property whose property in whole or in part {DEL shall fall DEL} {ADD falls ADD} within two hundred (200) feet of the property line of the place of business seeking the application. The manner and method of notification of property owners shall be done in accordance with rules and regulations adopted by the local licensing authority.

SECTION 10. Section 5-38.2-2 of the General Laws in Chapter 5-38.2 entitled "Motor Vehicle Repair Businesses in the City of Providence" is hereby amended to read as follows:

5-38.2-2. Hearings and objections by neighboring landowners. -- (a) The city council of the city of Providence before granting a license under this chapter to operate a motor vehicle repair business, {DEL hereinafter DEL} defined {ADD in section 5-38.2-3 ADD}, in any location not lawfully occupied for {DEL such DEL} {ADD that ADD} purpose at the time of the application for {DEL such DEL} {ADD the ADD} license, shall hold a public hearing, notice of which shall be given by advertisement published once a week for at least two (2) weeks prior to the hearing in the manner provided by law. The advertisement shall be published in a newspaper of general circulation in the city of Providence {DEL , DEL} {ADD ; ADD} provided, {DEL however, DEL} that before the local licensing authority {DEL shall publish DEL} {ADD publishes ADD} notice of a hearing it shall collect from the applicant for the license a fee of ten dollars ($10.00), plus the cost of posting and publishing the notice. The notice shall state that remonstrants are entitled to be heard and shall name the date, time, and place of the hearing.

(b) The local licensing authority, before granting a license under this ordinance shall {DEL have caused DEL} {ADD provide ADD} notice of the application {DEL to be given DEL}, by mail, to all owners of property whose property in whole or in part {DEL shall fall DEL} {ADD falls ADD} within two hundred (200) feet of the property line of the place of business seeking the application. The manner and method of notification of property owners shall be done in accordance with rules and regulations adopted by the local licensing authority.

SECTION 11. Section 5-38.4-2 of the General Laws in Chapter 5-38.4 entitled "Motor Vehicle Repair Businesses in the City of Cranston" is hereby amended to read as follows:

5-38.4-2. Hearings and objections by neighboring landowners. -- (a) The city council of the city of Cranston before granting a license under this chapter to operate a motor vehicle repair business, {DEL hereinafter DEL} defined {ADD in section 5-38.4-3 ADD}, in any location not lawfully occupied for {DEL such DEL} {ADD that ADD} purpose at the time of the application for {DEL such DEL} {ADD the ADD} license, shall hold a public hearing, notice of which shall be given by advertisement published once a week for at least two (2) weeks prior to the hearing in the manner provided by law. The advertisement shall be published in a newspaper of general circulation in the city of Cranston {DEL , DEL} {ADD ; ADD} provided, {DEL however, DEL} that before the local licensing authority {DEL shall publish DEL} {ADD publishes ADD} notice of a hearing it shall collect from the applicant for the license a fee of ten dollars ($10.00), plus the cost of posting and publishing the notice. The notice shall state that remonstrants are entitled to be heard and shall name the date, time, and place of the hearing.

(b) The local licensing authority, before granting a license under this ordinance shall {DEL have caused DEL} {ADD provide ADD} notice of {DEL said DEL} {ADD the ADD} application {DEL to be given, DEL} by mail, to all owners of property whose property in whole or in part {DEL shall fall DEL} {ADD falls ADD} within two hundred (200) feet of the property line of the place of business seeking the application. The manner and method of notification of property owners shall be done in accordance with rules and regulations adopted by the local licensing authority.

SECTION 12. Sections 5-40.1-6 and 5-40.1-8 of the General Laws in Chapter 5-40.1 entitled "Occupational Therapy" are hereby amended to read as follows:

5-40.1-6. Licenses required. -- {ADD (a) ADD} Pursuant to this section, no person shall practice occupational therapy or hold himself or herself out as an occupational therapist or occupational therapy assistant or as being able to practice as an occupational therapist or occupational therapy assistant or as being able to practice occupational therapy or to render occupational therapy services in this state unless he or she is licensed under the provisions of this chapter and the rules and regulations {DEL herein. DEL} {ADD authorized by this chapter. ADD}

{DEL This chapter shall not be construed as preventing or restricting the practice, services or activities of the following: DEL}

{DEL (a) Any individual licensed in this state pursuant to any other law from engaging in the profession or occupation of occupational therapy for which he or she is licensed; or DEL}

{DEL (b) Any individual employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency of it, if that person provides occupational therapy solely under the direction or control of the organization by which he or she is employed; or DEL}

{DEL (c) Any individual pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if the person is designated by a title which clearly indicates his or her status as a student or trainee; or DEL}

{DEL (d) Any individual fulfilling the supervised fieldwork experience requirements, if the experience constitutes a part of the experience necessary to meet the requirements of that section. DEL}

{ADD (b) ADD} Only an individual may be licensed under this chapter.

{ADD (c) ADD} Only an individual licensed in this state as an occupational therapist may use the words "occupational therapist", "licensed occupational therapist", "occupational therapist registered" in connection with his or her name or place of business; or may use other words, letters, abbreviations or insignia indicating or implying that he or she is an occupational therapist.

{ADD (d) ADD} Only an individual licensed in this state as an occupational therapy assistant may use the words "certified occupational therapy assistant", "occupational therapy assistant", "licensed occupational therapy assistant" in connection with his or her name or place of business; or may use other words, letters, abbreviations or insignia indicating or implying that he or she is an occupational therapy assistant.

5-40.1-8. Requirements for licensure. -- (a) Any applicant seeking licensure as an occupational therapist or occupational therapy assistant in this state must:

(1) Be at least eighteen (18) years of age;

(2) Be of good moral character;

(3) Have successfully completed the academic requirements of an education program in occupational therapy accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education or other such accrediting agency as may be approved by the board; or

(4) Have successfully completed a period of supervised fieldwork experience arranged by the recognized educational institution where he or she met the academic requirements:

(i) For an occupational therapist, a minimum of twenty-four (24) weeks of supervised fieldwork experience is required;

(ii) For an occupational therapy assistant, a minimum of twelve (12) weeks is required;

(5) Have successfully passed the National Certification Examination for Occupational Therapists, Registered or National Certification Examination for Occupational Therapy Assistants of the National Board for Certification in Occupational Therapy (NBCOT) or other occupational therapy certification examination as approved by the board.

(b) Application for licensure to practice occupational therapy in this state either by endorsement or by examination shall be made on forms provided by the division, which shall be completed, notarized and submitted to the board thirty (30) days prior to the scheduled date of the board meeting. {DEL Such DEL} {ADD The ADD} application shall be accompanied by the following documents:

(1) Three (3) affidavits from responsible persons attesting to the applicant's good moral character;

(2) For U.S. citizens: a certified copy of birth record or naturalization papers;

(3) For non-U.S. citizens: documented evidence of alien status, such as immigration papers or resident alien card or {DEL such DEL} {ADD any ADD} other verifying papers acceptable to the administrator;

(4) Documented evidence and supporting transcripts of qualifying credentials as set forth in this section;

(5) One {DEL (1) DEL} unmounted passport photograph of the applicant (head and shoulder view) approximately 2x3 inches in size;

(6) A statement from the board of occupational therapy in each state in which the applicant has held or holds licensure or is otherwise subject to state regulation to be submitted to the board of this state attesting to the licensure status of the applicant during the time period the applicant held licensure in said state;

(7) The results of the written national examination {ADD of the National Board for Certification in Occupational Therapy (NBCOT). ADD} {DEL ; and DEL}

{ADD (c) ADD} Applicants seeking licensure as occupational therapists or occupational therapy assistants shall be required to pass the national written examination of the National Board for {DEL certification in occupational therapy DEL} {ADD Certification in Occupational Therapy ADD} (NBCOT) approved by the board to test the applicant's fitness to engage in the practice of occupational therapy pursuant to the provisions of this chapter.

The date, time and place of examinations shall be available from the National Board for Certification in Occupational Therapy (NBCOT).

{DEL (c) DEL} {ADD (d) ADD} In case of failure of any applicant to satisfactorily pass an examination, such applicant shall be entitled to re-examination.

{DEL (d) DEL} {ADD (e) ADD} Occupational therapists and occupational therapy assistants who are licensed or otherwise regulated to practice under laws of another state or territory or the District of Columbia may, upon receiving a receipt from the division, perform as an occupational therapist or occupational therapy assistant under the supervision of a qualified and licensed occupational therapist or occupational therapy assistant. If such an applicant fails to receive licensure when the board reviews the application, all aforementioned privileges shall automatically cease.

{DEL (e) DEL} {ADD (f) ADD} Applicants from foreign occupational therapy schools must meet the requirements of the National Board for Certification in Occupational Therapy (NBCOT) and present evidence of passage of the National Certification Examination for Occupational Therapists or the National Certification Examination for Occupational Therapy Assistants of the NBCOT. Furthermore, applicants must meet all of the appropriate requirements for licensure to the satisfaction of the board and in accordance with the statutory and regulatory provisions {DEL herein. DEL} {ADD of this chapter. ADD}

SECTION 13. Sections 5-44-15 and 5-44-23 of the General Laws in Chapter 5-44 entitled "Psychologists" are hereby amended to read as follows:

5-44-15. {DEL Expiration and renewal of licenses. -- DEL}{ADD Expiration and renewal of licenses. -- Continuing education -- Lapsed license. -- ADD} (a) {DEL Every licensed psychologist who desires to continue licensure as a licensed psychologist shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed psychologist has completed a prescribed course of continuing licensed psychological education; and the DEL} {ADD The ADD} license of every person licensed under the provisions of this chapter shall expire on the first day of July next following the date of his or her license.

{ADD (b) ADD} On or before the first day of May in each year, the administrator shall mail an application for renewal of license to every person to whom a license has been issued or renewed during the current year {DEL , and every DEL} {ADD . ADD}

{ADD (c) Every ADD} person so licensed who desires to renew his or her license shall file with the division a renewal application duly executed together with a renewal fee of one hundred dollars ($100) on or before the first day of June in each year. Upon receipt of a renewal application and payment of the renewal fee, the accuracy of the application shall be verified and the administrator of professional regulation shall grant a renewal license effective July 1st and expiring the following June 30th.

{ADD (d) Every licensed psychologist who desires to continue licensure as a licensed psychologist shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed psychologist has completed a prescribed course of continuing licensed psychological education. ADD}

{DEL (b) DEL} {ADD (e) ADD} Any person who allows his or her license to lapse, by failing to renew it on or before June 1st in each year, as provided above, may be reinstated by the administrator of professional regulation on payment of the current renewal fee, plus an additional fee of twenty-five dollars ($25.00). Any person using the title "psychologist" or offering services defined as the practice of psychology under this chapter during the time his or her license has lapsed shall be subject to the penalties provided for violation of this chapter.

5-44-23. Persons and practices exempt. -- (a) No provisions of this chapter shall be construed to prevent members of other recognized professions that are licensed, certified, or regulated for independent practice of that profession under the laws of this state from rendering services consistent with their professional training and code of ethics, provided they do not represent themselves to be psychologists. Duly recognized members of the clergy shall not be restricted from functioning in their ministerial capacity {DEL , DEL} {ADD ; ADD} provided {ADD , that ADD} they do not represent themselves to be psychologists.

(b) Nothing in this chapter {DEL contained DEL} shall be construed to prohibit teachers, guidance personnel, social workers, and school psychologists in public or private school, from full performance of their duties nor to prohibit the use of psychological techniques by business or industrial organizations or companies for employment, placement, evaluation, promotion, or job adjustment of their own officers or employees.

(c) {DEL Nothing in this section shall be construed as permitting such persons identified in subsections (b) and (e) to offer their services to any other persons or organizations other than those listed in subsection (e) as consultants or to accept remuneration for any psychological services other than that of their institutional salaries or fees unless they have been licensed under this chapter or exempted under subsection (a). Those organizations listed in subsection (e) include all facilities, agencies, or institutions regulated and/or licensed by the department of health, the department of education, the department of children, youth and families and the department of mental health, retardation and hospitals. DEL} Nothing in this section shall be construed as prohibiting the use of consultants who are defined as qualified mental retardation professionals under the code of federal regulations (CFR) 42, section 483.430, by facilities licensed as intermediate care facilities for the mentally retarded by the department of mental health, retardation and hospitals.

(d) Nothing in this chapter shall be construed as permitting the licensed psychologist to practice medicine as defined by the laws of this state.

{ADD (e) Nothing in this section shall be construed as permitting such persons identified in subsections (b) and (f) to offer their services to any persons or organizations other than those listed in subsection (e) as consultants or to accept remuneration for any psychological services other than that of their institutional salaries or fees unless they have been licensed under this chapter or exempted under subsection (a). ADD}

{DEL (e) DEL} {ADD (f) ADD} Nothing in this chapter shall be construed to limit the professional pursuits of any nonlicensed psychologists, psychology students, psychology trainees or persons rendering psychological services as an employee of a licensed hospital, accredited educational institution, authorized community mental health clinic or center, government or medical agency while functioning under the title conferred upon him or her by the administration of such hospital, educational institution or agency.

{ADD (g) Those organizations listed in subsection (f) include all facilities, agencies, or institutions regulated and/or licensed by the department of health, the department of education, the department of children, youth and families and the department of mental health, retardation and hospitals. ADD}

SECTION 14. Sections 5-48-1, 5-48-2, and 5-48-9 of the General Laws in Chapter 5-48 entitled "Speech Pathology and Audiology" are hereby amended to read as follows:

5-48-1. Purpose and legislative intent -- Definitions. -- (a) It is hereby declared to be a policy of this state that the practice of speech language pathology and audiology is a privilege granted to qualified persons and that, in order to safeguard the public health, safety, and welfare, protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, and protect the public from unprofessional conduct by qualified speech language pathologists and audiologists, it is necessary to provide regulatory authority over persons offering speech language pathology and audiology services to the public.

(b) The following words and terms when used in this chapter shall have the following meaning unless otherwise indicated within the context:

(1) "Audiologist" means an individual who is licensed by the board to practice audiology.

(2) "Audiology" means the application of principles, methods, and procedures related to hearing and the disorders of the hearing and balance systems, to related language and speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder {ADD in an individual ADD} is defined as altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological auditory/vestibular systems {DEL , in individuals or groups of individuals who have or are suspected of having such disorders DEL}.

(3) "Audiology support personnel" means an individual who meets minimum qualifications, established by the board, which are less than those established by this chapter as necessary for licensing as an audiologist; does not act independently; and works under the direction and supervision of an audiologist licensed under this chapter who has been actively working in the field for twenty-four (24) months after completion of the postgraduate professional experience and who accepts the responsibility for the acts and performances of the audiology assistant while working under this chapter. The audiology support personnel shall be registered with the board within thirty (30) days of beginning work or the supervising audiologist will be assessed a late filing fee of fifty dollars ($50.00).

(4) "Board" means the state board of examiners for speech language pathology and audiology.

(5) "Clinical fellow" means the person who is practicing speech language pathology or audiology under the supervision of a licensed speech language pathologist or audiologist while completing the postgraduate professional experience as required by this chapter.

(6) "Person" means an individual, partnership, organization, or corporation, except that only individuals can be licensed under this chapter.

(7) (i) "Practice of audiology" means rendering or offering to render any service in audiology, including prevention, screening, and identification, evaluation, habilitation, rehabilitation; participating in environmental and occupational hearing conservation programs, and habilitation and rehabilitation programs including hearing aid and assistive listening device evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training and speech reading; conducting and interpreting tests of vestibular function and nystagmus; conducting and interpreting electrophysiological measures of the auditory pathway; cerumen management; evaluating sound environment and equipment; calibrating instruments used in testing and supplementing auditory function; and planning, directing, conducting or supervising programs that render or offer to render any service in audiology.

(ii) The practice of audiology may include speech and/or language screening to a pass/fail determination, for the purpose of initial identification of individuals with other disorders of communication.

(iii) A practice is deemed to be the "practice of audiology" if services are offered under any title incorporating such word as "audiology", "audiologist", "audiometry", "audiometrist", "audiological", "audiometrics", "hearing therapy", "hearing therapist", "hearing clinic", "hearing clinician", "hearing conservation", "hearing conservationist", "hearing center", "hearing aid audiologist", or any similar title or description of services.

(8) (i) "Practice of speech language pathology" means rendering or offering to render any service in speech language pathology including prevention, identification, evaluation, consultation, habilitation, rehabilitation; determining the need for augmentative communication systems, dispensing and selling such systems, and providing training in the use of such systems; and planning, directing, conducting, or supervising programs {DEL designed to prevent, identify, evaluate, treat, or ameliorate disorders of human communication in individuals or groups of individuals DEL} that render or offer to render any service in speech language pathology.

(ii) The practice of speech language pathology may include nondiagnostic pure tone air conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass/fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communication. The practice of speech language pathology also may include aural rehabilitation which is defined as services and procedures for facilitating adequate receptive and expressive communication in individuals with hearing impairment. A practice is deemed to be the "practice of speech language pathology" if services are offered under any title incorporating such words as "speech pathology", "speech pathologist", "speech therapy", "speech therapist", "speech correction", "speech correctionist", "speech clinic", "speech clinician", "language pathology", "language pathologist", "voice therapy", "voice therapist", "voice pathology", "voice pathologist", "logopedics", "logopedist", "communicology", "communicologist", "aphasiology", "aphasiologist", "phoniatrist", or any similar title or description of services.

(9) "Speech language pathologist" means an individual who is licensed by the board to practice speech language pathology.

(10) "Speech language pathology" means the application of principles, methods, and procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction, and research related to the development and disorders of human communication. Disorders are defined to include any and all conditions, whether of organic or nonorganic origin, that impede the normal process of human communication in individuals or groups of individuals who have or are suspected of having such conditions, including but not limited to disorders and related disorders of: (1) speech: articulation, fluency, voice, (including respiration, phonation and resonance); (2) language (involving the parameters of phonology, morphology, syntax, semantics and pragmatics; and including disorders of receptive and expressive communication in oral, written, graphic, and manual modalities); (3) oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g., dysphagia, including disorders of swallowing and oral function for feeding; oro-facial myofunctional disorders); (4) cognitive aspects of communication (including communication disability and other functional disabilities associated with cognitive impairment); and (5) social aspects of communication (including challenging behavior, ineffective social skills, lack of communication opportunities).

(11) "Speech language support personnel" means an individual who meets minimum qualifications established by the board, which are less than those established by this chapter as necessary for licensing as a speech language pathologist; does not act independently; and works under the direction and supervision of a speech language pathologist licensed under this chapter who has been actively working in the field for twenty-four (24) months after completion of the postgraduate professional experience and who accepts the responsibility for the acts and performances of the speech language pathology assistant while working under this chapter. The speech language support personnel shall be registered with the board within thirty (30) days of beginning work or the supervising speech language pathologist will be assessed a late filing fee of fifty dollars ($50.00).

5-48-2. Board of examiners -- Composition -- Appointments, terms and qualifications of members. -- (a) There shall exist within the state department of health a board of examiners of speech language pathology and audiology. The board shall consist of five (5) persons who are residents of the state, and who have worked within the state for at least one year prior to their appointments. Two (2) members shall be speech language pathologists who have practiced speech language pathology for at least five (5) years preceding appointment; are currently practicing speech language pathology and who hold active and valid licensure for the practice of speech language pathology in this state. One member shall be an audiologist who has practiced audiology for at least five (5) years immediately preceding appointment; is currently practicing audiology and who holds active and valid licensure for the practice of audiology in this state. One member shall be an otolaryngologist who holds certification by the American academy of otolaryngology -- head and neck surgery. One member shall be a representative of the consumer public who is not associated with or financially interested in the practice or business of speech language pathology or audiology. {DEL The members of the board shall serve until the expiration of the term for which they have been appointed or until their successors are qualified. DEL}

(b) All appointments to the board shall be for the term of three (3) years. Members shall serve until the expiration of the term for which they have been appointed or until their {ADD appointed ADD} successor {ADD s ADD} {DEL has been appointed. DEL} {ADD are qualified. ADD}

(c) When a vacancy upon the board occurs, the director of the department of health with the approval of the governor shall appoint persons who are working within the state to fill the remainder of the vacant term.

(d) The board shall reorganize annually during the month of January and select a chairperson.

(e) Three (3) members of the board, provided that at least one speech language pathologist and one audiologist are present, shall constitute a quorum to do business.

(f) No person shall be appointed to serve more than two (2) consecutive terms.

(g) The first board and all future members shall be appointed by the director of the department of health, with the approval of the governor.

(h) The director of the department of health, with the approval of the governor, may remove any member of the board for dishonorable conduct, incompetency, or neglect of duty.

5-48-9. Fees -- Late filing -- Inactive status. -- (a) The board may charge an application fee of twenty-five dollars ($25.00), a biennial license renewal fee of fifty dollars ($50.00) payable before July 1 of even years (biennially); or a provisional license renewal fee of twenty-five dollars ($25.00) payable annually from the date of issue.

(b) Any person who allows his or her license to lapse by failing to renew it on or before the thirtieth (30th) day of June, of even years (biennially), may be reinstated by the board on payment of the current renewal fee plus an additional late filing fee of twenty-five dollars ($25.00).

(c) An individual licensed as a speech language pathologist and/or audiologist in this state, not in the active practice of speech-language pathology or audiology within this state during any year, may upon request to the board, have his or her name transferred to an inactive status and shall not be required to register biennially or pay any fee as long as he or she remains inactive. Inactive status may be maintained for no longer than two (2) consecutive licensing periods, after which period licensure will be terminated and reapplication to the board will be required to resume practice.

(d) Any individual whose name has been transferred to an inactive status may be restored to active status within two (2) licensing periods {DEL to practice speech language pathology or audiology DEL} without a penalty fee, upon the filing of:

(1) An application for licensure renewal with a licensure renewal fee of fifty dollars ($50.00) made payable by check to the general treasurer, state of Rhode Island; and

(2) Such other information as may be requested by the board.

SECTION 15. Sections 5-50-3, 5-50-4, and 5-50-7 of the General Laws in Chapter 5-50 entitled "Health Clubs" are hereby amended to read as follows:

5-50-3. Bonding. -- (a) Prior to the execution of any contract for health club services, every seller which sells contracts for health club services, {DEL except (1) non-profit organizations, weight loss and control services which do not provide physical exercise facilities and classes, and which do not obligate the customer for more than thirty (30) days, and which do not require an initiation fee as a condition of said contract, and (2) a seller which does not require an initiation fee as a condition of a health club contract and whose only type of membership does not exceed thirty (30) days and which posts a conspicuous notice, placed with or near its schedule of rates posted pursuant to section5-50-8(B) or at its entrances, that the seller is not subject to the bonding requirements of this section, DEL} shall {ADD , ADD} for each individual health club location or facility obtain a surety bond in the amount of ten thousand dollars ($10,000) for a facility with less than ten thousand (10,000) square feet of permanently covered non-court sport exercise/aerobic/fitness area; twenty thousand ($20,000) for facilities between ten thousand (10,000) square feet and twenty-five thousand (25,000) square feet of permanently covered non-court sport exercise/aerobic/fitness area; and thirty thousand dollars ($30,000) for facilities with greater than twenty-five thousand (25,000) square feet of permanently covered non-court sport exercise/aerobic/fitness area.

{ADD (b) ADD} Proof of bonding must be presented at the time of registration or re-registration.

{ADD (c) ADD} This section shall not apply to {ADD : ADD}

{ADD (1) ADD} {DEL any DEL} {ADD Any ADD} owner/operator in continuous operation in the same location for five (5) years as of January 1, 1998 {DEL . DEL} {ADD ; ADD}

{ADD (2) Nonprofit organizations, weight loss and control services which do not provide physical exercise facilities and classes, and which do not obligate the customer for more than thirty (30) days, and which do not require an initiation fee as a condition of the contract; and ADD}

{ADD (3) A seller which does not require an initiation fee as a condition of a health club contract and whose only type of membership does not exceed thirty (30) days and which posts a conspicuous notice, placed with or near its schedule of rates posted pursuant to section 5-50-8(B) or at its entrances, that the seller is not subject to the bonding requirements of this section. ADD}

5-50-4. Contract contents -- Notice to buyer of right to cancel contract -- Right of contract cancellation -- Refund. -- {DEL (A) DEL} {ADD (a) ADD} A copy of every health club contract shall be delivered to the buyer at the time the contract is signed.

{ADD (b) ADD} All health club contracts must be in writing signed by the buyer, must designate the date on which the buyer actually signs the contract, and must contain a statement of the buyer's rights which substantially complies with this section.

{ADD (1) ADD} The statement must: {DEL (a) DEL} appear in the contract under the conspicuous caption: "BUYER'S RIGHT TO CANCEL", and {DEL (b) DEL} read as follows:

"If you wish to cancel this contract, you may cancel in person or by mail to the seller. You must give notice in writing that you do not wish to be bound by the contract. This notice must be delivered or mailed before midnight of the tenth (10th) business day after the date of the contract so entered into. All cancellations must be delivered or mailed to:

(Insert name and mailing address of health club)".

{ADD (2) Proof of in person cancellation shall be effectuated by writing "cancellation" and the date of cancellation across the contract. ADD}

{ADD (3) The buyer shall receive a copy of the contract. ADD}

{ADD (4) The signature of the person employed by the health club who registers the cancellation must also appear on the contract. ADD}

{DEL Notice of the buyer's right to cancel and the method of cancellation under this section shall also be posted clearly and conspicuously on the premises of the health club. DEL}

{DEL (B) DEL} {ADD (c) ADD} Every contract for health club services shall provide that such contract may be cancelled before midnight of the tenth (10th) day after the date of the contract so entered into. The notice of the buyer's cancellation of his {ADD or her ADD} contract shall be in writing and made in person or by mail to the seller at the address specified in the contract. {DEL Proof of in person cancellation shall be effectuated by writing "cancellation" and the date of cancellation across the contract. The buyer shall receive a copy of the contract. The signature of the person employed by the health club who registers the cancellation must also appear on the contract. DEL}

{DEL (C) DEL} {ADD (d) ADD} Every contract for health club services shall provide clearly and conspicuously in writing that after the expiration of the ten {ADD (10) ADD} day period for cancellation as provided in subsection {DEL (A) of this section, that DEL} {ADD (b)(i) ADD}: (1) {DEL If a DEL} {ADD The buyer shall be relieved from any and all obligations under the contract, and will be entitled to a refund of any prepaid membership under the contract if; (i) A ADD} buyer relocates further than fifteen (15) miles from a comparable health club facility operated by the seller; {DEL or (2) DEL} {ADD (ii) ADD} If a health club facility relocates further than fifteen (15) miles from its current location or the seller does not maintain a health club service within a fifteen (15) mile radius from its current location; or {DEL (3) DEL} {ADD (iii) ADD} If the health club services or facilities are not available to the buyer because the seller fails to open a planned health club or location, permanently discontinues operation of the health club or location or substantially changes the operation, {DEL the buyer shall be relieved from any and all obligations under the contract, and will be entitled to a refund of any prepaid membership under the contract; (4) DEL} {ADD (2) ADD} If a buyer becomes significantly physically or medically disabled for {ADD a ADD} period in excess of three (3) months during the membership term, he or she has the option: (i) to be relieved of liability for payment on that portion of the contract term for which the purchaser is disabled and receive a full refund of any prepaid membership on the contract {DEL , DEL} {ADD ; ADD} or (ii) {ADD to ADD} extend the duration of the contract at no additional cost for a period equal to the duration of the disability. The health club may require that a doctor's certificate be submitted as verification of the disability; {DEL (5) DEL} {ADD (3) ADD} In the event of buyer's death, his or her estate shall be relieved of any further obligation for payment under the contract and will be entitled to a refund for any prepaid membership for the unused portion of the contract. The health club may require verification of death; {DEL (6) DEL} {ADD (4) ADD} In the event of a sale of health club ownership, the contract is voidable at the option of the buyer;

{ADD (e) ADD} A health club contract which does not comply with the provisions of this chapter is voidable at the option of the buyer.

{ADD (f) ADD} Upon cancellation pursuant to this section, the buyer shall be free of any and all obligations under the contract and any prepaid monies pursuant to such contract shall be refunded within fifteen (15) business days of receipt of such notice of cancellation. The right of cancellation shall not be affected by the terms of the contract and may not be waived or otherwise surrendered.

{ADD (g) Notice of the buyer's right to cancel and the method of cancellation under this section shall also be posted clearly and conspicuously on the premises of the health club. ADD}

5-50-7. Pre-opening sales -- Permit and bond required -- Facilities unopened -- Under construction and planned. -- {DEL (A) DEL} {ADD (a) ADD} Any health club which is not fully operative or established and which conducts a pre-opening sales campaign must, before advertising or hold a pre-opening sales campaign, obtain a permit from the director of business regulation. {ADD (1) ADD} The permit shall not be issued until a surety bond is posted in the amount {DEL pursuant to DEL} {ADD stipulated in ADD} section 5-50-3. {DEL The director of the department of business regulation may promulgate rules and regulations as may be necessary to carry out the provisions of this section. DEL}

{DEL (B) DEL} {ADD (b) ADD} Any person, firm, corporation, or other entity intending to offer health club services at a facility under construction or planned shall register as required by section 5-50-2 before opening for business, entering into any contracts, or accepting any fees and shall maintain a surety bond as required by section 5-50-3.

{ADD (c) ADD} A health club shall not enter into a contract with a buyer more than twelve (12) months prior to the intended opening of the health club. {ADD (1) ADD} A buyer is {DEL also DEL} entitled to a full refund from an unopened seller as provided in section 5-50-4(C). {ADD (2) ADD} When the facility is substantially completed and fully operational and available for use, the seller shall mail or personally deliver to each buyer a written notice informing the buyer that {ADD : ADD} {DEL (1) DEL} {ADD (i) ADD} the facility is available for inspection and use; {ADD and ADD} {DEL (2) DEL} {ADD (ii) ADD} the buyer has fifteen (15) days after the date of the mailing of the notice to inspect the facility and determine whether it substantially conforms to the written contract, any written materials provided by the seller, or any advertisement by the seller. {ADD (3) ADD} If it is found that the facilities do not so conform, the buyer may cancel by giving notice to the seller in person or by mail and the buyer shall receive a full refund. {ADD (4) ADD} If upon reasonable investigation the buyer ascertains that the promised facility was not open and available for use within sixty (60) days after the date promised, and no substantial work was performed to prepare the facility for opening for a period of more than thirty (30) days thereafter the buyer may request a refund from the seller and the buyer shall receive a full refund.

{ADD (d) The director of the department of business regulation may promulgate rules and regulations as may be necessary to carry out the provisions of this section. ADD}

SECTION 16. Sections 5-51-2 and 5-51-3 of the General Laws in Chapter 5-51 entitled "Rhode Island State Board of Examiners of Landscape Architects" are hereby amended to read as follows:

5-51-2. Board -- Creation -- Composition -- Appointment, terms, qualifications, and compensation of members -- Duties. -- (a) There is hereby established a state board of landscape architects which shall consist of seven (7) members. {DEL Upon DEL} {ADD (1) On ADD} May 19, 1975, the governor shall appoint one member to serve until the first day of February {ADD , ADD} 1976 {ADD , ADD} or until his or her successor is appointed and qualified {DEL , DEL} {ADD ; ADD} one member to serve until the first day of February {ADD , ADD} 1977 {ADD , ADD} or until his or her successor is appointed and qualified, one member to serve until the first day of February {ADD , ADD} 1978 {ADD , ADD} or until his or her successor is appointed and qualified {DEL , DEL} {ADD ; ADD} one member to serve until the first day of February {ADD , ADD} 1979 {ADD , ADD} or until his or her successor is appointed and qualified {DEL , DEL} {ADD ; and ADD} one member to serve until February {ADD , ADD} 1980 {ADD , ADD} or until his or her successor is appointed and qualified. {ADD (2) ADD} Upon completion of the original term the terms of members {ADD identified in subsection (1) ADD} shall be for five (5) years. {ADD (3) ADD} One member of the board shall be from the general public; and one member shall be from the state department of environmental management. Those members shall serve for terms of five (5) years.

{ADD (4) Three (3) members of the board shall be landscape architects whose residences and principal places of business are within this state, who have been actively engaged in the practice of landscape architecture within this state. The original appointees to the board need not be registered but shall be engaged in the practice of landscape architecture for a minimum of four (4) years. ADD}

{DEL (b) DEL} {ADD (5) ADD} The governor may remove any member from office for misconduct, incapacity or neglect of duty. {DEL Three (3) members of the board shall be landscape architects whose residences and principal places of business are within this state, who have been actively engaged in the practice of landscape architecture within this state. The original appointees to the board need not be registered but shall be engaged in the practice of landscape architecture for a minimum of four (4) years. DEL}

{ADD (b) ADD} During the month of July of each year, the board shall elect from its members a chair and a vice chair. {DEL The members of the board shall receive compensation of twenty-five dollars ($25.00) for meetings attended; provided that no member shall receive more than three hundred dollars ($300) annually. DEL}

{ADD (c) ADD} The secretary of the board shall keep a true and complete record of all proceedings of the board and shall aid in the enforcement of this chapter.

{ADD (d) ADD} The board may make all necessary regulations and by-laws not inconsistent with this chapter.

{ADD (e) ADD} In carrying into effect the provisions of this chapter, the board may subpoena witnesses and compel their attendance and may require the production of books, papers, and documents in any proceeding involving the revocation of registration, or practicing or offering to practice without registration.

{ADD (1) ADD} Any member of the board may administer oaths or affirmations to witnesses appearing before the board.

{ADD (2) ADD} If any person fails to appear in response to that process, or if, having appeared in obedience thereto, he or she refuses to answer any pertinent questions put to him or her by any member of the board or its counsel, he or she shall, upon presentation of those facts to the superior court, be subjected to such fines and penalties as might be imposed by said court if that failure or refusal occurred in any civil action pending in that court.

{DEL (c) DEL} {ADD (f) ADD} The board may establish a procedure for complaints concerning any licensed or certified landscape architects.

{DEL (d) DEL} {ADD (g) ADD} The board shall establish procedures and programs in conjunction with the department of environmental management and annually publish a report of its activities, operations, and recommendations.

{ADD (h) The members of the board shall receive compensation of twenty-five dollars ($25.00) for meetings attended; provided that no member shall receive more than three hundred dollars ($300) annually. ADD}

5-51-3. {DEL Use of title "landscape architect" restricted. -- DEL} {ADD Use of title "landscape architect" restricted -- Registration certificate requirement. -- ADD}No person, except as hereinafter provided, shall use the title "landscape architect" or display or use any words, letters, figures, title, signs, seal, advertisement, or other device to indicate that such person practices or offers to practice landscape architecture {ADD or shall represent himself or herself as a practitioner of landscape architecture or engages in the practice of landscape architecture in this state ADD}, unless that person has first secured a certificate of registration as provided in this chapter.

SECTION 17. Section 5-51-15 of the General Laws in Chapter 5-51 entitled "Rhode Island State Board of Examiners of Landscape Architects" is hereby repealed in its entirety.

{DEL 5-51-15. Certificate of registration required. -- DEL}{DEL No person shall represent himself or herself as a practitioner of landscape architecture or engage in the practice of landscape architecture in this state without holding a certificate of registration issued by the board. DEL}

SECTION 18. Sections 5-52-4 and 5-52-6 of the General Laws in Chapter 5-52 entitled "Travel Agencies" are hereby amended to read as follows:

5-52-4. License required -- Duplicate licenses -- Bond for travel agencies. -- (a) No person, firm, or corporation shall act or hold himself or herself out as a travel agency or travel agent or travel manager unless he or she holds an unsuspended, unrevoked license issued by the department pursuant to the provisions of this chapter and rules and regulations adopted pursuant {DEL thereto which DEL} {ADD to it. ADD}

{ADD (b) The license ADD} shall be conspicuously posted in the place of business. Duplicate licenses shall be issued by the department without additional fees to valid license holders operating more than one office.

{DEL (b) DEL} {ADD (c) ADD} The travel agency's license issued to any corporation, partnership or association shall designate the name of the one principal active officer of the corporation, partnership, or association for whom that license shall be valid {DEL and every DEL} {ADD . Every ADD} other employee of that corporation, partnership, or association other than salaried employees who do not arrange the purchase, accommodations or sale of travel services, shall be obliged to obtain an individual license as a travel agent or manager.

{DEL (c) DEL} {ADD (d) ADD} All offices of travel agencies shall be managed by a person holding a valid travel manager license.

{DEL (d) DEL} {ADD (e)(1) ADD} Each travel agency {DEL pursuant to the provisions of this chapter DEL} shall deliver and file with the department of business regulation before a license is issued or reissued, a surety company bond {DEL , DEL} {ADD in the principal sum of ten thousand dollars ($10,000). ADD}

{ADD (2) The bond shall be ADD} written by a company recognized and approved by the commissioner of insurance, and approved by the department with respect to its form, manner of execution, and sufficiency in due form to the state {DEL , in the principal sum of ten thousand dollars ($10,000), provided however the DEL} {ADD . ADD}

{ADD (3) The ADD} liability of the surety on the bond shall be limited to indemnify the claimant only for his or her actual damage. The bond shall not limit or impair any right of recovery otherwise available pursuant to law nor shall the amount of the bond be relevant in determining the amount of damage or other relief to which any claimant shall be entitled. The bond shall be accessible only after all other legal remedies have been exhausted.

{DEL (e) DEL} {ADD (4) ADD} In the event the bond is exhausted, the travel agency shall immediately notify the department which shall cause such public notice as it deems appropriate to be given forthwith.

5-52-6. Obligations of a travel agency. -- (a) A travel agency shall be obligated to perform its duties reasonably and with ordinary care in providing travel services.

{ADD (b) ADD} A travel agency shall notify or make reasonable or good faith efforts to notify the purchaser of travel services of any change or variation of the travel services purchased.

{ADD (1) ADD} The notice shall be given immediately, or {DEL as soon thereafter DEL} {ADD within a reasonable time ADD} as practicably possible, after the travel agency is notified of each change or variation of the travel services purchased. {DEL Provided, however, that a travel agency shall notify, or make reasonable and good faith efforts to notify, the purchaser of travel services of any change or variation of the travel services purchased. The notice shall be given within a reasonable time after the travel agency is notified of such change or variation of the travel services purchased. Any such DEL}

{ADD (c) A ADD} travel agency shall refund to any person with whom it contracts for a trip, moneys lost by that person as a result of the breach of the duty of care pursuant to this section. The refund shall be made within forty-five (45) days from the date it is requested.

{DEL (b) Provided however, that nothing DEL} {ADD (d) Nothing ADD} contained {DEL herein DEL} {ADD in this section ADD} shall restrict the right of a travel agency to refuse {DEL the DEL} {ADD to provide a ADD} refund and to require ordinary civil adjudication of the dispute. {DEL However DEL} {ADD Further ADD}, this section shall not limit the right of the travel agency to recover from, or be indemnified by, any other party which was responsible for the failure of all or part of the monies it refunded to the consumer pursuant to this section.

SECTION 19. Section 7-6-82 of the General Laws in Chapter 7-6 entitled "Rhode Island Nonprofit Corporation Act" is hereby amended to read as follows:

7-6-82. Amended certificate of authority. -- (a) A foreign corporation authorized to conduct affairs in this state shall procure an amended certificate of authority {DEL in the event DEL} {ADD by making application for one with the secretary of state if ADD} it changes its corporate name {DEL , DEL} or desires to pursue in this state other or additional purposes than those set forth in its prior application for a certificate of authority {DEL , by making application therefor to the secretary of state DEL}.

(b) The requirements {DEL in respect DEL} {ADD as ADD} to the form and contents of the application, the manner of its execution, the filing of duplicate originals {DEL thereof DEL} {ADD of it ADD} with the secretary of state, the issuance of an amended certificate of authority and {DEL the DEL} {ADD its ADD} effect {DEL thereof DEL}, {DEL shall be DEL} {ADD are ADD} the same as in the case of an original application for a certificate of authority.

SECTION 20. Section 7-11-208 of the General Laws in Chapter 7-11 entitled "Rhode Island Uniform Securities Act" is hereby amended to read as follows:

7-11-208. Licensing. -- (a) Unless a proceeding under section 7-11-212 is instituted or the applicant is notified that the application is incomplete, the license of a broker dealer, sales representative, investment adviser, or investment adviser representative becomes effective thirty (30) days after the later of the date an application for licensing is filed and is completed or the date an amendment to an application is filed and is complete {DEL , in DEL} {ADD . In ADD} either case {ADD the license becomes effective ADD} only if all examination requirements imposed under section 7-11-207 are satisfied. An application is complete when the applicant has furnished information responsive to each applicable item of the application. The director, by order, may authorize an earlier effective date of licensing.

(b) The license of a broker dealer, sales representative, investment adviser, or investment adviser representative is effective until terminated by expiration, revocation, or withdrawal.

(c) The license of a sales representative is only effective with respect to transactions effected on behalf of the broker dealer or issuer for whom the sales representative is licensed.

(d) No person may act at any one time as a sales representative for more than one broker dealer or for more than one issuer, unless the broker dealers or issuers for whom the sales representative acts are affiliated by direct or indirect common control or the director, by rule or order, authorizes multiple licenses.

(e) If a person licensed as a sales representative terminates association with a broker dealer or issuer, or terminates activities that make the person a sales representative, the sales representative and the broker dealer or issuer on whose behalf the sales representative was acting shall promptly notify the director.

(f) The license of an investment adviser representative is only effective with respect to transactions effected as an associated person of the investment adviser or federal covered adviser as to whom the investment adviser representative is licensed.

(g) No person may act at any one time as an investment adviser or federal covered adviser representative for more than one investment adviser, unless the investment advisers or federal covered advisers for whom the investment adviser representative acts are affiliated by direct or indirect common control or the director, by rule or order, authorizes multiple licenses.

(h) If a person licensed as an investment adviser representative terminates association with an investment adviser or terminates activities that make the person an investment adviser representative, the investment adviser representative and the investment adviser on whose behalf the investment adviser representative was acting shall promptly notify the director.

(i) The director, by rule, may authorize one or more special classifications of licenses as a broker dealer, sales representative, investment adviser, or investment adviser representative to be issued to applicants subject to limitations and conditions on the nature of the activities that may be conducted by persons so licensed.

SECTION 21. Sections 22-11-3.2 and 22-11-3.4 of the General Laws in Chapter 22-11 entitled "Joint Committee on Legislative Services" are hereby amended to read as follows:

22-11-3.2. Law revision officer. -- The joint committee on legislative services is hereby authorized and empowered to appoint a law revision {DEL officer DEL} {ADD director ADD} in charge of law revision, who shall perform such duties as the joint committee on legislative services may prescribe in relation to law revision.

22-11-3.4. Duties of the law revision officer. -- In addition to other duties assigned to the law revision {DEL officer DEL} {ADD director ADD}, he or she shall rearrange, rephrase, and consolidate the public laws and acts and resolves of the general assembly so that redundancies may be avoided, obsolete enactments eliminated, contradictions reconciled, omissions supplied, and imperfections cured. The law revision {DEL officer DEL} {ADD director ADD} has no authority either to change the law or to alter the substance of the statutes but shall alert the general assembly annually to specific changes which may be required. In addition, a report shall be filed annually with the general assembly which shall indicate which sections of the general laws at the previous session had more than one amendment and displaying a copy of the final version of the statute on the first legislative day of the next subsequent session of the general assembly.

SECTION 22. Section 27-1-41 of the General Laws in Chapter 27-1 entitled "Domestic Insurance Companies" is hereby repealed in its entirety.

{DEL 27-1-41. Domestic insurance company assessment -- Allocation of portion of premium taxes to insurance division. -- DEL} {DEL(a) Notwithstanding any other provisions of law, each domestic insurance company shall be charged, for each fiscal year after the fiscal year 1994-1995, an amount equal to five percent (5%) of the total premium taxes collected by the state for the fiscal year which immediately precedes it to partially support the activities of the insurance division of the department of business regulation. DEL}

{DEL (b) The minimum assessment charged a domestic insurance company in any one fiscal year shall be one thousand dollars ($1,000). DEL}

SECTION 23. Section 40.1-1-17 of the General Laws in Chapter 40.1-1 entitled "Department of Mental Health" is hereby amended to read as follows:

40.1-1-17. Law revision. -- All general and public laws affected by this chapter shall be revised, amended, consolidated or conformed by the law revision office. Wherever in general and public laws reference is made to the functions of the department of health which are transferred to the department of mental health, retardation and hospitals, the law revision {DEL officer DEL} {ADD director ADD} shall {DEL revise, amend, consolidate, and conform such references to effectuate the purpose and intent of this chapter. Such general and public laws, when so revised, amended, consolidated, and conformed, shall be published in the general and public laws DEL} {ADD proceed according to the provisions set out in section 22-11-3.4 ADD}.

SECTION 24. Chapter 42-54 of the General Laws entitled "Rhode Island Bicentennial Foundation" is hereby repealed in its entirety.

{DEL 42-54-1. Creation. -- DEL} {DELThe Rhode Island bicentennial foundation, ("the foundation"), is created a body, corporate and politic, to promote interest in and to plan, develop, coordinate, encourage, facilitate, set standards, and implement programs and projects relating to the bicentennial of Rhode Island, the original states of the union, the United States of America, and to the bicentennial of the framing and adoption of the federal Constitution and the ratification of the bill of rights. DEL}

{DEL 42-54-2. Duties. -- DEL} {DEL In order to achieve the objectives and to carry out the purposes of this chapter, the foundation shall: DEL}

{DEL (1) Initiate, coordinate, and support planning, development, and conduct of the programs and projects furthering the bicentennial commemoration by means of contracts or other arrangements, including grants, loans, guarantees, and other forms of assistance; DEL}

{DEL (2) Encourage and facilitate bicentennial commemorative programs; DEL}

{DEL (3) Make awards for historical, scholarly, artistic, literary, musical, and other works, programs, and projects relating to the bicentennial; DEL}

{DEL (4) Coordinate the bicentennial programs and projects of the various cities and towns, the original states of the union, and of the United States; DEL}

{DEL (5) Provide endorsements or other recognition deemed appropriate in connection with the bicentennial-related programs or projects; DEL}

{DEL (6) Provide for commemorative medals, memorabilia, and materials that contribute to public information and interest in, or enjoyment of, the bicentennial commemoration, or perpetuate the commemoration; and DEL}

{DEL (7) Provide for activities in a manner consistent with the purposes of this chapter, and carry out additional responsibilities relating to the bicentennial commemoration. DEL}

{DEL 42-54-3. Membership -- Expenses of members -- Board of directors -- Employees. -- DEL} {DEL (a) The foundation shall consist of nine (9) members who shall serve during the bicentennial era which is designated to extend to December 31, 1991, the month which marks the two-hundredth anniversary of the ratification of the bill of rights. The foundation shall consist of three (3) members appointed by the governor, three (3) members appointed by the speaker of the house of representatives, and three (3) members appointed by the senate majority leader. A vacancy in the office of a member shall be filled by the remaining members of the foundation. No vacancy in the membership of the foundation shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the foundation. All of the members of the foundation shall serve without pay, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. DEL}

{DEL (b) The power of the foundation shall vest in and be exercised by or under the authority of its board of directors ("the board"). The chairperson of the commission shall be the chairperson of the board. The board shall have the authority to establish an advisory board. Five (5) members shall constitute a quorum for the transaction of business. DEL}

{DEL (c) Employees of the foundation shall be selected and appointed by the foundation, and shall be vested with such powers and duties as the foundation may determine. DEL}

{DEL 42-54-4. Powers. -- DEL} {DEL The foundation is authorized and empowered: DEL}

{DEL (1) To adopt by-laws for the regulation of its affairs and the conduct of its business; DEL}

{DEL (2) To adopt an official seal and alter the seal at its pleasure; DEL}

{DEL (3) To maintain an office at any place or places within the state it may designate; DEL}

{DEL (4) To sue and be sued in its own name, plead and be impleaded. Service of process in any action shall be made by service upon the chairman of the foundation either in hand or by leaving a copy of the process at the office of the foundation with some person having charge thereof; DEL}

{DEL (5) To employ any assistants, agents, and other employees necessary or desirable for its purposes; to contract for and engage consultants, and to utilize the services of other governmental agencies; DEL}

{DEL (6) To accept from a federal agency, loans or grants for use in carrying out its purposes, and to enter into agreements with that agency respecting any loans or grants; to enter agreements of cooperation with other states of the union; DEL}

{DEL (7) To acquire, purchase, manage, operate, hold and dispose of real and personal property, to take assignments of rentals and leases, and make and enter into all contracts, leases, and agreements necessary or incidental to the performance of its duties; and DEL}

{DEL (8) To perform all acts necessary or convenient to carry out the powers expressly granted in this chapter. DEL}

{DEL 42-54-5. Annual report. -- DEL} {DEL The annual report of the foundation to the general assembly shall include a complete report of the operations and financial status of the foundation. DEL}

{DEL 42-54-6. Gifts, grants, and donations. -- DEL} {DEL The foundation is authorized to receive gifts, grants, or donations made for any of the purposes of its program, and to disburse and administer them in accordance with the terms of its program. DEL}

{DEL 42-54-7. Severability. -- DEL} {DEL Provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions. DEL}

SECTION 25. Section 42-55-25 of the General Laws in Chapter 42-55 entitled "Rhode Island Housing and Mortgage Finance Corporation" is hereby repealed in its entirety.

{DEL 42-55-25. Liberal construction. -- DEL} {DELNeither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the corporation might otherwise have under any laws of this state, and this chapter is cumulative to any such powers. This chapter does and shall be construed to provide a complete, additional, and alternative authority for the doing of the things authorized hereby, and shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds, notes, and other obligations of the corporation under the provisions of this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds, notes, and other obligations, and contracts for the construction and acquisition of any housing developments undertaken pursuant to this chapter need not comply with the provisions of any other state law applicable to contracts for the construction and acquisition of state owned property. No proceedings, notice, or approval under chapter 35 of title 42 or otherwise, shall be required for the issuance of any bonds, notes, and other obligations, any instrument as security therefor, or in connection with the adoption of any bond resolution, except as is provided in this chapter. DEL}

SECTION 26. Section 42-75-11 of the General Laws in Chapter 42-75 entitled "Council on the Arts" is hereby repealed in its entirety.

{DEL 42-75-11. Arts lottery game. -- DEL} {DEL During the fiscal year ending June 30, 1988, the Rhode Island lottery commission shall conduct, pursuant to chapter 61 of this title, an instant game, of which two hundred fifty thousand dollars ($250,000) shall be deposited into a restricted revenue account to be used by the Rhode Island council on the arts for the improvement of the arts in the state. The provisions of this section shall prevail over any inconsistent provisions of chapter 61 of this title. DEL}

SECTION 27. Chapter 42-121 of the General Laws entitled "Tipping Fee Commission" is hereby repealed in its entirety.

{DEL 42-121-1. Establishment of commission. -- DEL} {DEL There is established the tipping fee commission. The commission shall be composed of the chairperson of the solid waste management corporation, the director of administration, or his or her designee, the auditor general, or his or her designee, who shall serve as chairperson, and two (2) representatives of the Rhode Island league of cities and towns. All actions of the commission shall be by a majority vote of all of the members of the commission. The commission shall be subject to the Open Meetings Law. It shall not be subject to the provisions of chapter 35 of title 42. The commission shall terminate on June 30, 1993. DEL}

{DEL 42-121-2. Increase in fee -- Approval. -- DEL} {DEL Notwithstanding any other provisions of law, the tipping fee for any Rhode Island municipality shall not exceed the fee in effect on July 1, 1992, unless the increase is approved by the tipping fee commission. Any increase shall be effective for the period October 1, 1992 through June 30, 1993 only. Thereafter, except as otherwise provided by law, it shall revert to the rate in effect on July 1, 1992. DEL}

{DEL 42-121-3. Determination of fee. -- DEL} {DEL (a) In order to set a tipping fee pursuant to section 42-121-2, the commission shall analyze and determine the necessary cash requirements of the corporation for the period October 1, 1992 through June 30, 1993 and shall set the fee based only on such cash requirements. DEL}

{DEL (b) There shall be no reduction in commercial tipping fees for the period October 1, 1992 through June 30, 1993 if the commission approves any increase in municipal tipping fees for that period. DEL}

{DEL 42-121-4. Contracted fees -- Approval. -- DEL} {DEL Notwithstanding the terms of any contract between the solid waste management corporation and any Rhode Island municipality, the solid waste management corporation shall not increase the tipping fee for any municipality except as provided for in section 42-121-2. DEL}

{DEL 42-121-5. Report of increase. -- DEL} {DELThe tipping fee commission shall report to the general assembly in writing no later than thirty (30) days following the effective date of any fee increase approved by the commission pursuant to section 42-121-2 on the reasons for any increase. In addition, the commission may, from time to time, make recommendations to the governor and the general assembly regarding the financial management of the solid waste management corporation. DEL}

SECTION 28. Sections 44-5-11.2, 44-5-13.2.5, and 44-5-17 of the General Laws in Chapter 44-5 entitled "Levy and Assessment of Local Taxes" are hereby amended to read as follows:

44-5-11.2. Purpose of provisions. -- The purpose of {DEL this act DEL} {ADD sections 44-5-11.1 to 44-5-11.3 ADD} is to provide a resource to local tax assessors which would improve the methods of property tax assessments; provide for increased capability in the annual maintenance of assessments; integrate technological innovations in property tax administration; and, substantially reduce the cost of required revaluations.

44-5-13.2.5. Exemption for residential improvements and alterations in the city of Pawtucket. -- (A) The tax assessor of the city of Pawtucket is hereby authorized to grant an exemption from real property taxation equal to any increase in assessed valuation not exceeding fifteen thousand dollars ($15,000) cumulatively resulting from alterations and improvements made to existing dwellings used for residential purposes and shall include mobile and manufactured homes. For the purpose of this section, "dwelling" shall have the same meaning as set forth in section 45-24.3-5(10). "Mobile and Manufactured Home" shall have the same meaning as set forth in section 31-44-1(h). The exemption shall be granted for three (3) years commencing with the tax roll assessed as of the assessment date which immediately follows the completion of the alterations and improvements or which next occurs eighteen months after the date of issuance of the building permit for the alterations and improvements, whichever first occurs.

(B) In order to be eligible for exemption, the dwelling must be an existing residential dwelling and be at least five years of age at the time of issuance of the building permit for the alterations and improvements, all real estate taxes and other assessments and fees assessed against such dwelling must be paid up to date, and the dwelling must meet all minimum housing building code and zoning requirements or the alterations and improvements must be such as will improve the dwelling to meet code requirements. The tax assessor shall require a certificate from the building inspector that the dwelling meets all minimum housing, building code and zoning requirements and regulations including the number of dwelling units allowed. The certificate from the building inspector shall be provided to the tax assessor at the time that the application for an exemption is filed.

(C) The exemption provided for in this section shall be allowed only for owner-occupied residential dwellings including up to five (5) units, including the owner-occupied unit, and shall include owner-occupied residential condominium units. The exemption shall not be allowed for any property which is used for professional or business use or other commercial or income-producing purposes other than owner-occupied dwellings of five (5) units or less.

(D) Alterations and improvements which qualify for the exemption provided for in this section shall include the following:

(1) Installations of additional plumbing facilities, electrical fixtures or re-wiring of the electrical system, heating system, hot water system or the replacement of any of these items.

(2) Inside and outside painting or redecorating;

(3) Repairing, repointing or replacing existing masonry;

(4) Reshingling of or installation of siding on exterior walls;

(5) Replacing or repairing roofs, gutters, downspouts;

(6) Weather stripping, insulating or replacing of existing windows and sashes;

(7) Adding a bedroom, bathroom, recreation room, fireplace or garages;

(8) Converting basement into amusement or rumpus room;

(9) Enclosing open porches or breezeways;

(10) New basement or incinerator;

(11) Adding new fences or stone walls;

(12) Repairing or replacing or adding porches, steps, sidewalks or driveways;

(13) Adding any built-ins, kitchen cabinets or closets;

(14) Any other improvement, alteration, or addition which the city council may provide for by ordinance which does not materially affect the character and use of the property and is of such a nature that the property will retain its basic structural design and be improved to a condition comparable to similar structures and housing standards.

(E) {ADD An exemption shall not be allowed if a building permit and/or zoning approval is granted after the alteration or improvement is made. ADD} The following shall not be deemed to be alterations and improvements which qualify for exemption hereunder:

(1) Any increase in the number of dwelling units;

(2) The addition of recreational facilities including but not limited to swimming pool and/or pool cabana, a tennis court or basketball court;

(3) Any change in connection with, or enabling the operation of a business or profession from a residence;

(4) Any alteration or improvement which in the opinion of the tax assessor is of such a nature that the property does not retain its basic structural design or that the character and use of the property has changed;

(5) Any alteration or improvement made without a building permit issued by the building inspector. {DEL An exemption shall not be allowed if a building permit and/or zoning approval is granted after the alteration or improvement is made. DEL}

(F) No person shall be entitled to any exemption hereunder without first filing an application with the tax assessor on forms furnished by the tax assessor. The application shall require such information as to cost, construction, ownership, occupancy, use and any other information required by the tax assessor to determine compliance with the terms of this section. The tax assessor may require the applicant to provide recipients and other evidence of the cost of the alteration or improvement. The city council of the city of Pawtucket may, by ordinance adopt rules and regulations not inconsistent with this section concerning the exemption provided for hereunder, the manner and form of application for the exemption, the proof required for the dwelling to be considered "owner-occupied" and the determination by the tax assessor of the cost, valuation, and amount of exemption allowed for the alterations and improvements. Applications for exemption must be filed by December 31 of the year in which the alterations and improvements are completed and may be approved by the tax assessor prior to certification of the subsequent tax roll.

(G) Any exemption hereunder shall terminate upon the conveyance of the subject property, except for a conveyance or transfer to a member of the immediate family of the owner without consideration. For the purposes of this section, "member of the immediate family of the owner" shall include the owner's spouse, parents, children, grandchildren and brothers and sisters. Any exemption shall terminate when this property subject to exemption is no longer owner-occupied for residential purposes or if the original conditions and qualifications for the granting of the exemption no longer exist. A person's residence for the purpose of this section shall be his or her fixed and established domicile. The tax assessor may challenge a person's residency based upon the criteria set forth in chapter 1, of title 17 of the general laws relating to residency for voting purposes.

(H) Any person aggrieved by a decision of the tax assessor pursuant to this section shall have the right to an appeal pursuant to the terms of this chapter to the city of Pawtucket Board of Tax Review.

(I) Notwithstanding the grant of an exemption under this section, the property shall still be subject to any general revaluation on a city-wide basis. An owner of an owner-occupied dwelling shall be allowed one exemption under this section during each revaluation period.

(J) No exemption shall be granted for alterations and improvements made pursuant to a building permit issued prior to [December 31, 1995].

{ADD (K) An exemption shall not be allowed if a building permit and/or zoning approval is granted after the alteration or improvement is made. ADD}

44-5-17. Assessment of property covered by account. -- If any person shall bring in an account as {DEL aforesaid DEL} {ADD provided in section 44-5-15 ADD}, the assessors shall nevertheless assess the person's ratable estate at what they deem its full and fair cash value, or a uniform percentage {DEL thereof DEL} {ADD of its value ADD} as defined in section 44-5-12.

SECTION 29. Section 44-9-54 of the General Laws in Chapter 44-9 entitled "Tax Sales" is hereby amended to read as follows:

44-9-54. Validity of liens. -- Even though notice of a lien has been filed by a municipality, the lien shall not be valid:

(1) With respect to tangible personal property purchased at retail, as against a purchaser in the ordinary course of the seller's trade or business, unless at the time of the purchase the purchaser intends the purchase to, or knows the purchase will, hinder, evade, or defeat the collection of any tax under {DEL said sections. DEL} {ADD sections 6A-9-501 -- 6A-9-507. ADD}

(2) With respect to a purchase money security interest, if the purchase money security interest would be prior to a conflicting security interest in the same collateral under section 6A-9-312.

SECTION 30. Sections 44-14-3 and 44-14-4 of the General Laws in Chapter 44-14 entitled "Taxation of Banks" are hereby amended to read as follows:

44-14-3. Tax on state banks. -- (a) Each banking institution organized or incorporated under the laws of this state or having its principal place of business or a branch thereof located within the limits of this state shall annually pay a tax or excise to the state for the privilege of existing as a banking institution during any part of the taxable year. The tax shall be measured by:

(1) Net income, as {DEL hereinafter DEL} defined {ADD in section 44-14-10 ADD}, for the income period and shall be computed at the rate of nine percent (9%) of the net income; or

(2) Authorized capital stock as of the last day of the income period and shall be computed at the rate of two dollars fifty cents ($2.50) for each ten thousand dollars ($10,000), or fractional part thereof, of an authorized capital stock; whichever measure shall yield the greater amount of tax.

(b) In the case of a banking institution not organized or incorporated under the laws of this state but having its principal place of business or branch thereof located within the limits of this state, its net income shall be apportioned to this state under rules and regulations promulgated by the tax administrator.

44-14-4. Tax on national banks. -- Each national banking association located within the limits of this state shall annually pay to the state a tax according to or measured by its net income, as {DEL hereinafter DEL} defined {ADD in section 44-14-10 ADD}, which tax shall be computed at the rate of nine percent (9%).

SECTION 31. Section 44-20-7 of the General Laws in Chapter 44-20 entitled "Cigarette Tax" is hereby amended to read as follows:

44-20-7. Vending machine markers. -- No person shall cause to be operated a machine for vending cigarettes unless there shall be attached to the machine a disc or marker, in a form to be determined by the administrator, showing it to have been licensed by the administrator. The fee for each such license shall be twenty-five dollars ($25.00) as {DEL hereinbefore DEL} provided {ADD in section 44-20-4 ADD}. Any machine so licensed may be removed from one location to another within the state under such regulation as the administrator may prescribe without payment of an additional fee. Any person who shall operate any machine for vending cigarettes in violation of the provisions of this section shall be subject to the same penalties as provided in section 44-20-3 for the sale of cigarettes without a license.

SECTION 32. Section 44-21-8 of the General Laws in Chapter 44-21 entitled "Duty on Auction Sales" is hereby amended to read as follows:

44-21-8. Payments to general and town treasurers. -- Every {DEL such DEL} auctioneer shall, within ten (10) days after rendering the account and taking the oath {DEL aforesaid DEL} {ADD under section 44-21-7 ADD}, pay the amount of duty upon the account of sales to the general treasurer for the use of the state, and the amount of duty due the town to the town treasurer; and in case no sales on which duties are payable shall have been made, the auctioneer shall make an affidavit thereof at the time and in the manner {DEL above DEL} directed {ADD by this chapter ADD}, and transmit the affidavit to the general treasurer.

SECTION 33. Sections 44-23-10, 44-23-14, 44-23-38 and 44-23-40 of the General Laws in Chapter 44-23 entitled "Estate and Transfer Taxes -- Enforcement and Collection" are hereby amended to read as follows:

44-23-10. Deposit with administrator to cover taxes. -- An executor, administrator, or trustee may deposit with the tax administrator a sum of money sufficient in the opinion of the tax administrator to pay all taxes which may become due under the provisions of chapter 22 of this title. When the taxes have been determined, the general treasurer shall, upon certification by the tax administrator and with the approval of the controller, repay to the executor, administrator, or trustee the difference between the taxes so determined and the amount deposited, or the tax administrator shall collect any deficiency in the tax. The lien upon the estate {DEL hereinbefore DEL} imposed {ADD under section 44-23-9 ADD} shall be discharged by the acceptance of the deposit.

44-23-14. Discharge of lien on real estate -- Liability of heir or devisee. -- The lien imposed {DEL as aforesaid DEL} {ADD under section 44-23-13 ADD} upon any real estate or separate parcel thereof may be discharged by the payment of all taxes due and to become due upon the real estate or separate parcel, or by an order of the tax administrator transferring the lien to other real estate owned by the person to whom the real estate or separate parcel thereof passes, or by the acceptance of the surety for the payment of taxes which the tax administrator may approve. The heir, devisee, or other donee shall be personally liable for the tax on the real estate, as well as the executor, administrator, or trustee; and if the executor, administrator, or trustee pays the tax he or she shall, unless the tax is made an expense of administration by the will or other instrument of the decedent, have the right to recover the tax from the heir, devisee, or other donee of the real estate.

44-23-38. Termination of lien. -- Any other provision of this or {DEL the preceding DEL} chapter {ADD 22 of this title ADD} to the contrary notwithstanding, a lien created by those chapters shall cease to be a lien upon or enforceable against real estate upon the expiration of a period of fifteen (15) years from and after the death of the person whose act, failure to act, or death gave rise to the lien.

44-23-40. Information furnished to foreign tax officials. -- If the proof {DEL be DEL} {ADD is ADD} not filed with a probate court in this state as {DEL herein DEL} provided {ADD by section 44-23-39 ADD}, the clerk of the probate court shall {DEL forthwith DEL} {ADD immediately ADD} notify by mail the official or body of the state of domicile charged with the administration of the death tax laws {DEL thereof DEL} {ADD of that state ADD} with respect to the estate, and shall set forth in the notification, so far as is known to the clerk, (1) the name, date of death and last domicile of the decedent {DEL , DEL} {ADD ; ADD} (2) the name and address of the executor or administrator {DEL , DEL} {ADD ; ADD} (3) a summary of the values of the real estate, tangible personalty, and intangible personalty, wherever situated, belonging to the decedent at the time of his or her death, and (4) the fact that the executor or administrator has not {ADD previously ADD} filed {DEL theretofore DEL} the proof {DEL herein DEL} required {ADD by section 44-23-39 ADD}. The clerk shall also attach to the notification a copy of the will of the decedent, if the decedent died testate, or if the decedent died intestate, a list of his or her heirs and next of kin, so far as is known to the clerk. For each copy of the notice the probate clerk furnishing the information shall be paid out of any money appropriated for expenses of tax administration the fees provided in section 44-23-7.

SECTION 34. Section 44-26-2.1 of the General Laws in Chapter 44-26 entitled "Declaration of Estimated Tax by Corporations" is hereby amended to read as follows:

44-26-2.1. Declaration -- Due date -- Payment -- Interest. -- (a) Notwithstanding any general or specific statute to the contrary, every corporation having a taxable year ending December 31, 1990, or thereafter, shall file a declaration of its estimated tax for the taxable year ending December 31, 1990, or thereafter, if its estimated tax can reasonably be expected to exceed five hundred dollars ($500). The declaration, sworn to by the officer of the corporation who is required to sign its return under any of the seven (7) chapters mentioned in section 44-26-1 shall contain such pertinent information and be in such form as the tax administrator may prescribe. The entire amount of the estimated tax shall constitute the amount of the advance required to be paid as hereinafter provided.

(b) (1) Except as provided in subdivision (b)(2), the declaration of estimated tax required of corporations by subsection (a) shall be filed as follows:If the requirements of The declaration shall subsection (a) are first be filed or before: met: before the first day of the third month of the taxable year the fifteenth day of the third month of the taxable year; after the first day of the third month and before the first day of the sixth month of the taxable year the fifteenth day of the sixth month of the taxable year. (2) The declaration of estimated tax required of corporations subject to section 27-3-38 relating to surplus line brokers premium tax or under any special act or acts in lieu of the provisions thereof or in amendment thereof or in addition thereto shall be filed as follows:If the requirements of The declaration shall subsection (a) are first be filed or before: met: Before the first day of the third month of the taxable year the fifteenth day of the third month of the taxable yearAfter the first day of the third month and before the first day ofthe sixth month of the taxable year the fifteenth day of the sixth month of the taxable year After the first day of the sixth month and before the first day of the ninth month of thetaxable year the fifteenth day of the ninth month of the taxable year After the first day of the ninth month and before the first day of the twelfth month of the taxable year the fifteenth day of the twelfth month of the taxable year

(c) An amendment of a declaration may be filed in any interval between installment dates prescribed for the taxable year, but only one amendment may be filed in each interval

(d) The tax administrator may grant a reasonable extension of time, not to exceed thirty (30) days, for filing a declaration.

(e) (1) The amount of the advance based on the estimated tax declared under subdivision (a) by corporations described in subdivision (b)(1) hereof, shall be paid as follows: (i) If the declaration is filed on or before the fifteenth (15th) day of the third (3rd) month of the taxable year, the advance shall be paid in two (2) installments. The first installment in the amount of forty percent (40%) of the estimated tax shall be paid at the time of the filing of the declaration. The second and last installment in the amount of sixty percent (60%) of the estimated tax shall be paid on or before the fifteenth day of the sixth month of the taxable year. (ii) If the declaration is filed after the fifteenth day of the third month of the taxable year and is not required by subsection (b) to be filed on or before the fifteenth (15th) day of the third (3rd) month of the taxable year, but is required to be filed on or before the fifteenth (15th) day of the sixth (6th) month, the advance shall be paid in full at the time of filing. (2) The amount of the advance based in the estimated tax declared under subsection (a) of this section by corporations listed in subdivision (b)(2), shall be paid as follows: (i) If the declaration is filed on or before the fifteenth day of the third month of the taxable year, the advance shall be paid in four (4) equal installments. The first installment shall be paid at the time of the declaration and the second, third and fourth installments shall be paid on or before the fifteenth day of the sixth month, the ninth month and the twelfth month of the taxable year respectively. (ii) If the declaration is filed before the fifteenth day of the sixth month of the taxable year, the advance shall be paid in three (3) equal installments. The first installment shall be paid at the time of the declaration and the second and third installments shall be paid on or before the fifteenth day of the ninth month and the twelfth month of the taxable year respectively. (iii) If the declaration is filed on or before the fifteenth day of the ninth month of the taxable year, the advance shall be paid in two (2) equal installments. The first installment shall be paid at the time of the declaration and the second installment shall be paid on or before the fifteenth day of the twelfth month of the taxable year. (iv) If the declaration is filed after the time prescribed in subdivision (b)(2), including cases in which an extension of time for filing the declaration has been granted, there shall be paid at the time of the filing all installments of the advance which would have been payable on or before that time if the declaration had been filed within the time prescribed in subdivision (b)(2).

(f) If the declaration is filed after the time prescribed in subsection (b) including cases in which an extension of time for filing the declaration has been granted, subdivision {ADD (e)(1) ADD}(ii) shall not apply, and there shall be paid at the time of the filing all installments of the advance which would have been payable on or before that time if the declaration had been filed within the time prescribed in subsection (b).

(g) If any amendment of a declaration is filed, the installment payable on or before the fifteenth (15th) day of the sixth (6th) month, if any, or in the case of corporations licensed as surplus line brokers under section 27-3-38, the installments payable on or before the fifteenth days of the sixth (6th), ninth (9th) or twelfth (12th) month, shall be ratably increased or decreased, as the case may be, to reflect the increase or decrease, as the case may be, in the estimated tax by reason of the amendment.

(h) At the election of the corporation, any installment of the advance may be paid prior to the date prescribed for payment.

(i) In the case of any underpayment of the advance by a corporation, except as provided herein, there shall be added to the tax due under chapters 11-15, 17 of this title or section 27-3-38, as the case may be, for the taxable year an amount determined at the rate set forth in section 44-1-7 upon the amount of the underpayment for the period of the underpayment. For the purpose of this paragraph the "amount of the underpayment" shall be the excess of the amount of the installment or installments which would be required to be paid if the advance payments were equal to eighty percent (80%) of the tax shown on the return for the taxable year. For the purposes of this paragraph, the "period of the underpayment" is the period from the date the installment was required to be paid to the date prescribed under any of the chapters previously mentioned in this section for the payment of the tax for the taxable year or, with respect to any portion of the underpayment, the date on which the portion is paid, whichever date is the earlier. A payment of the advance on the fifteenth day of the sixth month of the taxable year shall be considered a payment of any previous underpayment only to the extent that the payment exceeds the amount of the installment due on the fifteenth day of the sixth month of the taxable year.

(j) Notwithstanding the provisions herein, the addition to the tax with respect to any underpayment of any installment shall not be imposed if the total amount of all payments of the advance made on or before the last date prescribed for payment of the installment equals or exceeds the amount which would have been required to be paid on or before that date if the amount of the advance was an amount equal to one hundred percent (100%) of the tax computed at the rates applicable to the taxable year but otherwise on the basis of the fact shown on the return of the corporation for and the law applicable to the preceding taxable year.

(k) This section shall be effective for estimated payments being made by corporations for taxable years ending on or after December 31, 1990.

SECTION 35. Section 44-35-5 of the General Laws in Chapter 44-35 entitled "Property Tax and Fiscal Disclosure -- Municipal Budgets" is hereby amended to read as follows:

44-35-5. Full disclosure of property tax increases. -- (a) In addition to existing town and city charter provisions and the general and public laws of the state of Rhode Island pertaining to public hearings regarding town and city budget adoptions, each town and city shall provide for a public hearing and for full property tax disclosure procedures as {DEL herein DEL}set out {ADD in this chapter ADD}.

(b) The chief elected official in each town and city shall cause to be published the "proposed property tax rate" and the "adjusted current property tax rate" as {DEL herein DEL} defined {ADD in section 44-35-3 ADD} for the town or city. No property tax levy in excess of that in the current fiscal year shall be levied until a public hearing has been held as outlined in sections 44-35-6 -- 44-35-8.

SECTION 36. Section 44-38-6 of the General Laws in Chapter 44-38 entitled "Energy Conservation Grants for the Elderly" is hereby repealed in its entirety.

{DEL 44-38-6. Appropriation. -- DEL} {DELThere is hereby appropriated to the department of administration, division of taxation, the sum of three hundred thousand dollars ($300,000) for the fiscal year ending June 30, 1981. DEL}

SECTION 37. Section 44-44-2 of the General Laws in Chapter 44-44 entitled "Taxation of Beverage Containers, Hard-to-Dispose Material and Litter Control Participation Permittee" is hereby amended to read as follows:

44-44-2. Definitions. -- As used in this chapter, the following terms shall be construed as follows:

(1) "Beverage" means carbonated soft drinks, soda water, mineral water, and beer and other malt beverages.

(2) "Beverage container" means any sealable bottle, can, jar, or carton which contains a beverage.

(3) "Beverage retailer" means any person who engages in the sale of a beverage container to a consumer within the state of Rhode Island, including any operator of a vending machine.

(4) "Beverage wholesaler" means any person who engages in the sale of beverage containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who engages in those sales.

(5) "Case" means:

(i) Forty-eight (48) beverage containers sold or offered for sale within this state when each such beverage container has a liquid capacity of seven (7) fluid ounces or less;

(ii) Twenty-four (24) beverage containers sold or offered for sale within this state when each such beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or equal to sixteen and nine tenths (16.9) fluid ounces;

(iii) Twelve (12) beverage containers sold or offered for sale within this state when each such beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces but less than thirty-three and nine tenths (33.9) fluid ounces; and

(iv) Six (6) beverage containers sold or offered for sale within this state when each such beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or more.

(6) A permit issued in accordance with section 44-44-3.1(1) shall be called a Class A permit.

(7) A permit issued in accordance with section 44-44-3.1(2) shall be called a Class B permit.

(8) A permit issued in accordance with section 44-44-3.1(3) shall be called a Class C permit.

(9) A permit issued in accordance with section 44-44-3.1(4) shall be called a Class D permit.

(10) A permit issued in accordance with section 44-44-3.1(5) shall be called a Class E permit.

(11) "Consumer" means any person who purchases a beverage in a beverage container for use or consumption with no intent to resell that filled beverage container.

(12) "Gross receipts" means those receipts reported for each location to the tax administrator included in the measure of tax imposed under chapter 18 of this title, as amended. For those persons having multiple locations' receipts reported to the tax administrator the "gross receipts" to be aggregated shall be determined by each individual sales tax permit number. The term gross receipts shall be computed without deduction for retail sales of items in activities other than those which this state is prohibited from taxing under the constitution of the United States.

(13) "Hard-to-dispose material" -- as defined in section 37-15.1-3.

(14) "Hard-to-dispose material retailer" means any person who engages in the retail sale of hard-to-dispose material (as defined {DEL above DEL} {ADD in section 37-15.1-3 ADD}) in this state.

(15) "Hard-to-dispose material wholesaler" means any person wherever located who engages in the sale of hard-to-dispose material (as defined {DEL above DEL} {ADD in section 37-15.1-3 ADD}) to customers for sale in this state (including manufacturers, refiners, and distributors and retailers), and to other persons as defined above.

(16) "New vehicle" means any mode of transportation for which a certificate of title is required pursuant to title 31 and for which a certificate of title has not been previously issued in this state or any other state or country.

(17) "Organic solvent" -- as defined in section 37-15.1-3.

(18) "Person" means any natural person, corporation, partnership, joint venture, association, proprietorship, firm, or other business entity.

(19) "Prior calendar year" means the period beginning with January 1 and ending with December 31 immediately preceding the permit application due date.

(20) "Qualifying activities" shall mean selling or offering for retail sale food or beverages for immediate consumption and/or packaged for sale on a take out or to go basis regardless of whether or not such items are subsequently actually eaten on or off the vendor's premises.

(21) "Vending machine" means a self-contained automatic device that dispenses for sale foods, beverages, or confection products.

SECTION 38. Section 44-46-1 of the General Laws in Chapter 44-46 entitled "Adult Education Tax Credit" is hereby amended to read as follows:

44-46-1. Adult education tax credit. -- A taxpayer who is an employer shall be allowed a credit, to be computed as {DEL hereinafter DEL} provided {ADD in this chapter ADD}, against the tax imposed by chapters 11, 13, 14, 15, 17 and 30 of this title. The amount of the credit shall be fifty percent (50%) of the costs incurred solely and directly for nonworksite or worksite-based adult education programs as {DEL hereinafter DEL} defined {ADD in section 44-46-2 ADD}.

SECTION 39. Section 44-49-13.1 of the General Laws in Chapter 44-49 entitled "Taxation of Marijuana and Other Controlled Substances" is hereby amended to read as follows:

44-49-13.1. Hearings by administrator on application, appeals. -- (a) Any dealer aggrieved by any assessment shall notify the tax administrator in writing within thirty (30) days from the date of mailing by the tax administrator of the notice of the assessment and shall request a hearing relative {DEL thereto DEL} {ADD to the assessment ADD}; and the tax administrator shall, as soon as practicable, fix a time and place for a hearing and shall, after the hearing, determine the correct amount of the tax, interest and penalties. Provided, {DEL however, DEL} that the tax and penalties assessed by the tax administrator are presumed to be valid and correctly determined and assessed. The burden is upon the taxpayer to show their incorrectness or invalidity.

(b) Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be to the sixth division district court pursuant to chapter 8 of title 8. The taxpayer's right to {DEL appear DEL} {ADD appeal ADD} {DEL hereunder DEL} {ADD under this section ADD} shall be expressly made conditional upon prepayment of all taxes, interest, and penalties, unless the taxpayer moves for and is granted an exemption from the prepayment requirement pursuant to section 8-8-26.

SECTION 40. Section 44-53-9 of the General Laws in Chapter 44-53 entitled "Levy and Distraint" is hereby amended to read as follows:

44-53-9. Notice of seizure -- Sale of property. -- (a) As soon as practicable after seizure of property, notice in writing shall be given by the tax administrator to the owner of the property, or, in the case of personal property, the processor thereof or shall be left at their usual place of abode or business, if they have {DEL such DEL} {ADD a place of abode or business ADD} within the state. If the owners cannot be readily located, or have no dwelling or place of business within the state, the notice may be mailed to their last known address. The notice shall specify the sum demanded and shall contain, in the case of personal property, an account of the property seized and, in the case of real property, a description with reasonable certainty of the property seized.

(b) The tax administrator shall as soon as practicable after the seizure of the property give notice to the owner, in the manner prescribed in subsection (a), and shall cause notification to be published in some newspaper published or generally circulated within the county wherein {DEL such DEL} {ADD the ADD} seizure is made, or, if there be no newspaper published or generally circulated in that county, shall post the notice at the city or town hall nearest the place where the seizure is made, and in not less than two (2) other public places. The notice shall specify the property to be sold and the time, place, manner, and conditions of the sale {DEL thereof DEL} {ADD of the property ADD}. Whenever levy is made without regard to the ten (10) day period provided in section 44-53-1, public notice of sale of the property seized shall not be made within the ten (10) day period unless section 44-53-10 is applicable.

(c) If any property liable to levy is not divisible, so as to enable the tax administrator by sale of a part thereof to raise the whole amount of the tax expenses, the whole of {DEL such DEL} {ADD the ADD} property shall be sold.

(d) The time of sale shall not be less than ten (10) days nor more than forty (40) days from the time of giving public notice under subsection (b). The sale may be adjourned from time to time but the adjournments shall not be for a period to exceed in all one month.

(e) (1) Before the sale, the tax administrator shall determine a minimum price for which the property shall be sold, and if no person offers {ADD the minimum price ADD} for {DEL such DEL} {ADD the ADD} property at the sale {DEL of the amount of the minimum price DEL}, the property shall be declared to be purchased at that price for the state; otherwise the property shall be declared to be sold to the highest bidder. In determining the minimum price, the tax administrator shall take into account the expense of making the levy and sale.

(2) The tax administrator may by regulations prescribe the manner and other conditions of the sale of property seized by levy.

(3) If payment in full is required at the time of acceptance of a bid and is not then and there paid, the tax administrator shall {DEL forthwith DEL} {ADD immediately ADD} proceed to again sell the property as provided under this subsection. If the conditions of the sale permit part of the payment to be deferred, and if {DEL such DEL} {ADD that ADD} part is not paid within the prescribed period, suit may be instituted against the purchaser for the purchase price {DEL of such part thereof as DEL} {ADD or the part of the price that ADD} has not been paid, together with interest at the rate prescribed in section 44-1-7, as amended, from the date of the sale; or, in the discretion of the tax administrator, the sale may be declared by the tax administrator to be null and void for failure to make full payment of the purchase price and the property may again be advertised and sold as provided in subsections (b) and (c) and this subsection. In the event of {DEL such DEL} readvertisement and sale any new purchaser shall receive {DEL such DEL} {ADD the ADD} property, or rights to property, free and clear of any claim or right to the former defaulting purchaser, of any nature whatsoever, and the amount paid upon the bid price by the defaulting purchaser shall be forfeited.

SECTION 41. Section 45-3-10 of the General Laws in Chapter 45-3 entitled "Town Meetings" is hereby amended to read as follows:

45-3-10. Meeting to elect clerk to fill vacancy. -- Whenever any town clerk {DEL shall be DEL} {ADD is ADD} removed by death or otherwise, {ADD and the town council under sections 45-4-16 and 45-5-6 fails to act to fill the vacancy ADD} the town treasurer of the town shall issue his or her warrant to warn the electors to assemble in town meeting, to choose a town clerk in the room of him or her so removed, which warrant shall be directed as {DEL aforesaid. DEL} {ADD provided in section 45-3-8. ADD}

SECTION 42. Section 45-6-1 of the General Laws in Chapter 45-6 entitled "Ordinances" is hereby amended to read as follows:

45-6-1. Scope of ordinances permissible. -- (a) Town councils and city councils may, from time to time, make and ordain all ordinances and regulations for their respective towns, not repugnant to law, which they may deem necessary for the safety of their inhabitants from fire, firearms, and fireworks; to prevent persons standing on any footwalk, sidewalk, doorstep, or in any doorway, or riding, driving, fastening, or leaving any horse or other animal or any carriage, team, or other vehicle on any such footwalk, sidewalk, doorstep, or doorway within the town, to the obstruction, hindrance, delay, disturbance, or annoyance of passersby or of persons residing or doing business in the vicinity thereof; to regulate the putting up and maintenance of telegraph and other wires and the appurtenances thereof; to prevent the indecent exposure of any one bathing in any of the waters within their respective towns; against breakers of the Sabbath; against habitual drunkenness; {DEL to regulate the speed of driving horses and cattle over bridges; DEL} respecting the purchase and sale of merchandise or commodities within their respective towns and cities; to protect burial grounds and the graves therein from trespassers; and, generally, all other ordinances, regulations and bylaws for the well ordering, managing, and directing of the prudential affairs and police of their respective towns, not repugnant to the constitution and laws of this state, or of the United States.

(b) Town and city councils shall furnish to their respective senator and representative, upon request and at no charge, copies and updates of all ordinances and regulations.

SECTION 43. Section 45-6.1-1 of the General Laws in Chapter 45-6.1 entitled "Non-moving Traffic Violations" is hereby amended to read as follows:

45-6.1-1. Mail payment of penalty for non-moving traffic violation. -- Notwithstanding the provisions of any general or special act, any ordinance adopted by any of the several cities or towns (whether adopted prior to or subsequent to the passage of this chapter) providing for the regulations of the parking of motor vehicles upon the public highways, shall permit the payment of any fine imposed for violation of the ordinance by mail. Any ordinance which fails to comply with the provisions of this chapter shall be null and void {ADD . ADD} {DEL after July 1, 1965. DEL}

SECTION 44. Sections 45-7-7 and 45-7-8 of the General Laws in Chapter 45-7 entitled "Town Clerk" are hereby repealed in their entirety.

{DEL 45-7-7. Microfilming of records in North Kingstown. -- DEL} {DEL The town clerk of the town of North Kingstown may, with the approval of the town council, photograph, microphotograph, or microfilm all or any part of the records kept by the town clerk or recorder of deeds in a manner and on film or paper that complies with the minimum standards of quality approved for photographic records by the national bureau of standards; and whenever these photographs or microphotographs or films shall be placed in conveniently accessible files and provisions made for preserving, examining, and using them, and a duplicate of these photographs or microphotographs, or films is placed in the fireproof vault, the original records from which the photographs or microphotographs or films have been made, or any part thereof, may be put in storage anywhere in this state, and any photograph, microphotograph, or photocopy thereof shall be admissible as evidence, the same as the original is now; provided, however, that the original may be ordered produced in evidence for good cause shown. DEL}

{DEL 45-7-8. Microfilming of records in Westerly. -- DEL} {DEL The town clerk of the town of Westerly may, with the approval of the town council, photograph, microphotograph, or microfilm all or any part of the records kept by the town clerk or recorder of deeds in a manner and on film or paper that complies with the minimum standards of quality approved for photographic records by the national bureau of standards; and whenever these photographs or microphotographs or films shall be placed in conveniently accessible files and provisions made for preserving, examining, and using the same, and a duplicate of such photograph or microphotographs or films is placed in a fireproof vault, the original records from which the photographs or microphotographs or films have been made, or any part thereof, may be put in storage anywhere in this state, and any photograph, microphotograph, or photocopy thereof shall be admissible as evidence, the same as the original is now; provided, however, that the original may be ordered produced in evidence for good cause shown. DEL}

SECTION 45. Section 45-12-18 of the General Laws in Chapter 45-12 entitled "Indebtedness of Towns and Cities" is hereby amended to read as follows:

45-12-18. Bond anticipation notes. -- {DEL (a) DEL} A city or town, acting by resolution of its city council or town council, after approval of the issue of bonds by vote of the qualified electors of the city or town if approval is required, may authorize the issue from time to time of temporary notes in anticipation of the issue of bonds authorized under section 45-12-2. Temporary notes issued hereunder shall be payable within three (3) years from their respective dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes hereunder, provided the period from the date of an original note to the maturity of any note issued to renew or pay the same debt or the interest thereon shall not exceed three (3) years. When temporary debt is incurred hereunder, the period within which the annual payments of principal of bonds must be made under section 45-12-5 shall be measured from the date of the original note or notes representing the temporary debt, but the annual payments need not commence earlier than one year after the date of the bonds.

{DEL (b) Notwithstanding the provisions of subsection (a) hereof or any other general or special law or provision of municipal charter, any bond anticipation note maturing in 1990 or 1991 may be refunded by the issuance of additional bond anticipation notes maturing not later than December 31, 1991 which may be renewed from time to time by the issue of other notes hereunder, provided that the maturity date of any such renewal note shall mature not later than December 1991. The authority granted by this subsection shall be in addition to any authority previously granted. DEL}

SECTION 46. Section 45-19-5 of the General Laws in Chapter 45-19 entitled "Relief of Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows:

45-19-5. Board of fire fighter's relief. -- Within the department of labor and training there shall be a board of fire fighter's relief, consisting of three (3) members, which shall administer the fund for the relief of fire fighters, as provided in this chapter. One (1) member of the board shall be appointed by the director of labor and training, one (1) member shall be appointed by the Rhode Island state association of fire fighters, AFL-CIO-CLC, and the third member shall be an active member of a Volunteer Fire Department who shall be appointed by the Rhode Island State Firemen's League to represent volunteer fire fighters on said board; provided, however, that all financial powers and duties concerning the board of fire fighter's relief shall be administered by the general treasurer.

{DEL The term of office of the present volunteer firefighter appointed by the Rhode Island State Firemen's League shall expire on June 30, 1996. DEL} A {DEL successor DEL} volunteer fire fighter shall {DEL thereafter DEL} be appointed by the Rhode Island State Firemen's League for a term of three (3) years and shall continue to hold office until a successor has been {DEL likewise DEL}appointed. A member may be reappointed to succeed himself or herself.

Members shall be appointed to fill vacancies for unexpired terms due to death, resignation, or cause. A member appointed for less than a full term (to fill a vacancy) may serve three (3) full years in addition to that part of a full term.

The appointing authority may remove a member for cause.

SECTION 47. Section 45-20-3 of the General Laws in Chapter 45-20 entitled "Appeals from Police and Fire Departments" is hereby amended to read as follows:

45-20-3. Other remedies unaffected. -- The remedy for review {DEL herein DEL} provided {ADD in this chapter is not ADD} {DEL shall not be construed as DEL} exclusive of any other remedy or procedure otherwise available.

SECTION 48. Sections 45-22-3 and 45-22-9 of the General Laws in Chapter 45-22 entitled "Local Planning Board or Commission" are hereby amended to read as follows:

45-22-3. Membership -- Continuation of present membership. -- (a) A planning board or commission shall consist of no less than five (5) members, and appointments shall be made for terms of such length that the terms of no more than one third ( 1/3) of the members of the board or commission shall expire each year. Any vacancy which occurs in the membership of a planning board or commission shall be filled by the appointing authority for the remainder of the unexpired term. Any member of a planning board or commission may be removed from office by the appointing authority for due cause, following a public hearing.

(b) {DEL Members of a planning board or commission holding office on May 4, 1972, shall remain in office for the remainder of their respective terms. DEL} Vacancies {ADD to the planning board or commission ADD} occurring after May 4, 1972, shall be filled in the manner prescribed in this section, except as provided in section 45-22-1 in cities or towns operating under a home rule charter.

(c) The Hopkinton town council shall have the right to appoint two (2) alternate members to the Hopkinton planning board.

45-22-9. Effect of chapter. -- {DEL Within one year after May 4, 1972, all DEL} {ADD All ADD} local planning boards and commissions affected by the provisions of this chapter shall be reconstituted in accordance with the provisions of this chapter, except as provided in section 45-22-3, with regard to the existing membership of any city or town planning board or commission.

SECTION 49. Sections 45-22.2-5 and 45-22.2-11 of the General Laws in Chapter 45-22.2 entitled "Rhode Island Comprehensive Planning and Land Use Act" are hereby amended to read as follows:

45-22.2-5. Formulation of comprehensive plan by cities and towns. -- (A) There is established a program of local comprehensive planning to address the findings and intent and accomplish the goals of this chapter. Rhode Island's cities and towns, through the exercise of their power and responsibility pursuant to the general laws of the state of Rhode Island, applicable articles of the Rhode Island Constitution, and subject to the express limitations and requirements of this chapter, shall:

(1) Plan for future land use which relates development to land capability, protects our natural resources, promotes a balance of housing choices, encourages economic development, preserves and protects our open space, recreational, historic and cultural resources, and provides for orderly provision of facilities and services;

(2) Adopt, update, and amend comprehensive plans including implementation programs consistent with the provisions of this chapter;

{DEL (3) Submit their comprehensive plans to the director according to the following schedule: DEL}

{DEL (a) Municipalities amending or updating an already existing comprehensive plan, no later than December 31, 1991; DEL}

{DEL (b) Municipalities submitting a new comprehensive plan, no later than December 31, 1991. DEL}

{DEL Provided, however, the director is authorized to establish specific deadlines on a staggered basis between June 1, 1991 and December 31, 1991 for each city and town. DEL}

{DEL (4) DEL} {ADD (3) ADD} Conform its zoning ordinance and map with its comprehensive plan within eighteen (18) months of plan adoption and approval as provided for in section 45-22.2-9;

{DEL (5) DEL} {ADD (4) ADD} Do all things necessary to carry out the purposes of this chapter.

{DEL (B) Pursuant to the schedule established under this chapter, each DEL} {ADD (b) Each ADD} municipality shall prepare and adopt a comprehensive plan which is consistent with the goals, findings, intent, and other provisions of this chapter, or shall amend its existing comprehensive plan to conform with the requirements of this chapter.

{DEL (C) DEL} {ADD (c) ADD} Each municipality shall submit its proposed comprehensive plan and existing land use regulation to the director {DEL according to the schedule established by this chapter DEL}.

{DEL (D) DEL} {ADD (d) ADD} Each municipality shall submit any amended comprehensive plan to the director {ADD . ADD} {DEL as provided by this chapter. DEL}

45-22.2-11. State technical and financial assistance. -- (A) There is established a program of technical and financial assistance for municipalities to encourage and facilitate the adoption and implementation of comprehensive planning throughout the state. The program shall be administered by the director.

(B) The director shall develop and administer a grants program to provide financial assistance to municipalities for the preparation of comprehensive plans pursuant to this chapter.

(C) Grants may be expended for any purpose directly related to the preparation of a municipal comprehensive plan including, without limitation, the conduct of surveys, inventories, and other data-gathering activities, the hiring of planning and other technical staff, the retention of planning consultants, contracts for planning, and related services, and other related purposes, in order to provide sufficient economies of scale and to build planning capacity at the municipal level.

(D) The director shall establish a program of technical assistance to the various municipalities, utilizing its own staff and resources to assist municipalities in the development of a comprehensive plan. It will also be a function of the director to establish a statewide data base for the use of the municipalities. The director shall also validate data established by the municipalities in the formulation of their comprehensive plans.

(E) Financial assistance provided to each municipality, not exceeding one hundred twenty-five thousand dollars ($125,000), for the preparation of the comprehensive plan under this chapter, shall be apportioned among the municipalities by the director as follows:

(1) Fifty percent (50%) of the total funding appropriated shall be apportioned equally among the thirty-nine (39) municipalities without regard to population size or total land area;

(2) Twenty percent (20%) of the total funding appropriated shall be apportioned among the municipalities on the basis of their respective total land areas (including inland water bodies) as determined by the director; and

(3) Thirty percent (30%) of the total funding appropriated shall be apportioned among the municipalities on the basis of their respective total populations (as established by the director based upon the most recent decennial federal revenue census data available.)

{DEL (F) The director shall advise each municipality of the amount of financial assistance to be provided to it in accordance with this section by July 15, 1988. DEL}

SECTION 50. Section 45-44-5 of the General Laws in Chapter 45-44 entitled "Homestead Program" is hereby amended to read as follows:

45-44-5. Conditional deed. -- Upon the approval of an applicant, as {DEL hereinafter DEL}provided {ADD in section 45-44-11 ADD}, the city or town shall execute a conditional deed to the assigned parcel to the applicant. Provided, {DEL however, DEL} {ADD that ADD} if the parcel to be conveyed is unimproved, the city or town may execute a deed conveying fee simple title to the applicant.

SECTION 51. Sections 45-46-3, 45-46-4 and 45-46-5 of the General Laws in Chapter 45-46 entitled "Soil Erosion and Sediment Control" are hereby amended to read as follows:

45-46-3. Powers of councils. -- The city or town council of any city or town is hereby authorized to adopt, pursuant to the purposes of this chapter, the provisions of the model erosion and sediment control ordinance as set forth {DEL below. DEL} {ADD in section 45-46-5. ADD} To assist in the implementation of ordinances and programs adopted pursuant to this chapter, a city or town council may adopt an erosion and sediment control plan.

45-46-4. Provisions of local ordinances -- Model ordinances. -- (a) A city or town adopting an erosion and sediment control ordinance under this chapter shall incorporate, in the ordinance, the provisions contained in the model ordinance {DEL below DEL} {ADD in section 45-46-5 ADD}, and, may further specify such performance and other standards and adopt such additional definitions as are not inconsistent with this chapter, provided that the ordinance shall provide reasonable and prudent provisions for addressing soil and sediment control measures for existing uses and facilities, other than those exempt {DEL hereunder DEL} {ADD under this chapter ADD}, including a reasonable time table for the submission of plans and documentation.

(b) The ordinance shall require that applications for plan approval under an erosion and sediment control ordinance shall be made to the building official, and that approval shall be issued through the building official. Councils may, however, in adopting an erosion and sediment control ordinance authorize the building official to designate all duties and responsibilities required under the model ordinance, {DEL herein DEL} provided {ADD in section 45-46-5 ADD}, to such officials and agencies as are appropriate in the context of the local government's structure and in a manner consistent with applicable charter provision and public law. The building official and/or his or her designee reviewing soil erosion and sediment control plans shall have the following qualifications:

(1) Be a registered engineer, surveyor, or landscape architect, or a soil and water conservation society certified erosion and sediment control specialist, or

(2) Shall have attended a soil erosion and sediment control training session sponsored by the United States department of agriculture soil conservation service and conservation districts.

(c) The building official and his or her designee shall be granted the necessary authority to administer the model ordinance, including entry onto private property when necessary for periodic inspections to ensure compliance with provisions of the approved soil erosion and sediment control plan.

45-46-5. Model ordinance -- Soil erosion and sediment control. --

ARTICLE I

Section 1. Purpose.

(a) The (city or town) council hereby finds that excessive quantities of soil are eroding from certain areas that are undergoing development for non agricultural uses such as housing developments, industrial areas, recreational facilities, and roads. This erosion makes necessary costly repairs to gullies, washed out fills, roads, and embankments. The resulting sediment clogs the storm sewers and road ditches, muddies streams, leaves deposits of silt in ponds and reservoirs, and is considered a major water pollutant.

(b) The purpose of this ordinance is to prevent soil erosion and sedimentation from occurring as a result of non agricultural development within the city or town by requiring proper provisions for water disposal, and the protection of soil surfaces during and after construction, in order to promote the safety, public health, and general welfare of the city or town.

ARTICLE II

Section 1. Applicability.

This ordinance shall be applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the city or town of after determination of applicability by the building official or his or her designee based upon criteria outlined in Article III Section 1 below. Compliance with the requirements as described herein shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.

ARTICLE III

Section 1. Determination of applicability.

(I) (a) It shall be unlawful for any person to disturb any existing vegetation, grades, and contours of land in a manner which may increase the potential for soil erosion, without first applying for a determination of applicability from the building official or his or her designee. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the building official or his or her designee, as provided in Article IV. The application for determination of applicability shall describe the location, nature, character, and time schedule of the proposed land disturbing activity in sufficient detail to allow the building official or his or her designee to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of the soil erosion and sediment control ordinance to a particular land disturbing activity, the building official or his or her designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other such information as deemed appropriate by the building official or his or her designee. A particular land disturbing activity shall not be subject to the requirements of this ordinance if the building official or his or her designee finds that erosion resulting from the land disturbing activity is insignificant and represents no threat to adjacent properties or to the quality of any coastal feature or watercourse, as defined herein. The current "Rhode Island Soil Erosion and Sediment Control Handbook," U.S. department of agriculture soil conservation service, R.I. department of environmental management, and R.I. state conservation committee shall be consulted in making this determination.

(b) This chapter shall not apply to existing quarrying operations actively engaged in excavating rock but shall apply to sand and gravel extraction operations.

(II) No determination of applicability shall be required for the following:

(a) Construction, alteration, or use of any additions to existing single family or duplex homes or related structures, provided the grounds coverage of such addition is less than one thousand (1,000) square feet, and such construction, alteration and use does not occur within one hundred (100) feet of any watercourse or coastal feature, and the slopes at the site of land disturbance do not exceed ten percent (10%).

(b) Use of a home garden in association with onsite residential use.

(c) Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvacultural purposes.

(d) Excavations for improvements other than those described in subsection (II)(a) above which exhibit all of the following characteristics:

(1) Does not result in a total displacement of more than fifty (50) cubic yards of material;

(2) Has no slopes steeper than ten feet (10') vertical in one hundred feet (100') horizontal or approximately ten percent (10%); and

(3) Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.

(e) Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots, provided that all bare surface is immediately seeded, sodded or otherwise protected from erosive actions, and all of the following conditions are met:

(1) The aggregate area of such activity does not exceed two thousand (2,000) square feet; and

(2) The change of elevation does not exceed two feet (2') at any point; and

(3) The grading does not involve a quantity of fill greater than eighteen (18) cubic yards; except where fill is excavated from another portion of the same parcel and the quantity does not exceed fifty (50) cubic yards.

(f) Grading, filling, removal, or excavation activities and operations undertaken by the city or town under the direction and supervision of the director of public works for work on streets, roads, or rights-of-ways dedicated to public use, provided, however, that adequate and acceptable erosion and sediment controls are incorporated, in engineering plans and specifications, and employed. Appropriate controls shall apply during construction as well as after the completion of these activities. All such work shall be undertaken in accordance with the performance principles provided for in Article V Section 1(c) and such standards and definitions as may be adopted to implement the performance principles.

ARTICLE IV

Section 1. Provisions of plan -- Procedures.

(a) Plan.

(1) To obtain approval for a land disturbing activity as found applicable by the building official or his or her designee under Article III, an applicant shall first file an erosion and sediment control plan signed by the owner of the property, or authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in Article V of this ordinance, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.

(2) R.I. Freshwater Wetlands Permit: Where any portion of a proposed development requires approval under any provision of the General Laws of Rhode Island approved by the general assembly or where the approval contains provisions for soil erosion and sediment controls, that approved plan shall be a component of the overall soil erosion and sediment control plan required hereunder for the development.

(b) Fees.

The city or town adopting this ordinance may collect fair and reasonable fees from each applicant requesting approval of a soil erosion and sediment control plan for the purposes of administering this ordinance.

(c) Plan review.

(1) Within five (5) working days of the receipt of a completed plan, the building official or his or her designee shall send a copy of the plan to the review authorities which may include the public works department, the planning board or planning department, and conservation commission for the purpose of review and comment. The building official or his or her designee may also, within {DEL the above time frame DEL} {ADD five (5) working days ADD}, submit copies of the plan to other local departments or agencies, including the conservation district that services their county, in order to better achieve the purposes of this chapter. Failure of the aforementioned review authorities to respond within twenty-one (21) days of their receipt of the plan shall be deemed as no objection to the plan as submitted.

(2) The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.

(d) Plan approval.

(1) The building official or his or her designee shall take action in writing, either approving or disapproving the plan, with reasons stated within ten (10) days after the building official has received the written opinion of the aforementioned review authorities.

(2) In approving a plan, the building official or his or her designee may attach such conditions deemed reasonably necessary by the aforementioned review authorities to further the purposes of this ordinance. The conditions pertaining to erosion and sediment control measures and/or devices, may include, but are not limited to, the erection of walls, drains, dams, and structures, planting vegetation, trees and shrubs, furnishings, necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing thereof. The applicant/owner shall notify the building inspector, or his or her designee, in advance of his or her intent to begin clearing and construction work described in the erosion and sediment control plan. The applicant shall have the erosion and sediment control plan on the site during grading and construction.

(e) Appeals.

(1) Administrative procedures: (A) If the ruling made by the building official or his or her designee is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal. The appeal of plans for soil erosion and sediment control shall be to the zoning board of review or other appropriate board of review, as determined by the city or town council.

(B) Appeal procedures shall follow current requirements for appeal to the boards above.

(C) During the period in which the request for appeal is filed, and until such time as a final decision is rendered on the appeal, the decision of the building official or his or her designee shall remain in effect.

(2) Expert opinion: The official, or his or her designee, the zoning board of review, or other board of review, may seek technical assistance on any soil erosion and sediment control plan. The expert opinion must be made available in the office of the building official, or his or her designee, as a public record prior to the appeals hearing.

ARTICLE V.

Section 1. Soil Erosion and Sediment Control Plan.

(a) Plan preparation.

The erosion and sediment control plan shall be prepared by a registered engineer, or landscape architect or a soil and water conservation society certified erosion and sediment control specialist, and copies of the plan shall be submitted to the building official or his or her designee.

(b) Plan contents.

The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcel(s) to form a clear basis for discussion and review and to assure compliance with all applicable requirements of this chapter. The plan shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current "Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the U.S. department of agriculture, soil conservation service, R.I. department of environmental management, R.I. state conservation committee, and at a minimum, shall contain:

(1) A narrative describing the proposed land disturbing activity and the soil erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site, and soil maps shall be provided as required by the building official or his or her designee.

(2) Construction drawings illustrating in detail existing and proposed contours, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures, detail drawings of measures; stock piles and borrow areas; sequence and staging of land disturbing activities; and other information needed for construction.

(3) Other information or construction plans and details as deemed necessary by the building official or his or her designee for thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of such information may be reasons for the building official or his or her designee to judge the application as incomplete and providing grounds for disapproval of the application.

(c) Performance principles.

The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined below, have been met in the design and are to be accomplished by the proposed development project.

(1) The site selected shall show due regard for natural drainage characteristics and topography.

(2) To the extent possible, steep slopes shall be avoided.

(3) The grade of slopes created shall be minimized.

(4) Post development runoff rates should not exceed pre development rates, consistent with other stormwater requirements which may be in effect. Any increase in storm runoff shall be retained and recharged as close as feasible to its place of origin by means of detention ponds or basins, seepage areas, subsurface drains, porous paving, or similar technique.

(5) Original boundaries, alignment, and slope of watercourses within the project locus shall be preserved to the greatest extent feasible.

(6) In general, drainage shall be directed away from structures intended for human occupancy, municipal or utility use, or similar structures.

(7) All drainage provisions shall be of such a design and capacity so as to adequately handle storm water runoff, including runoff from tributary upstream areas which may be outside the locus of the project.

(8) Drainage facilities shall be installed as early as feasible during construction, prior to site clearance, if possible.

(9) Fill located adjacent to watercourses shall be suitably protected from erosion by means of riprap, gabions, retaining walls, vegetative stabilization, or similar measures.

(10) Temporary vegetation and/or mulching shall be used to protect bare areas and stockpiles from erosion during construction; the smallest areas feasible shall be exposed at any one time; disturbed areas shall be protected during the non growing months, November through March.

(11) Permanent vegetation shall be placed immediately following fine grading.

(12) Trees and other existing vegetation shall be retained whenever feasible; the area within the dripline shall be fenced or roped off to protect trees from construction equipment.

(13) All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.

(d) Existing uses and facilities.

(i) The building official and/or his/her designee shall accept plans for existing uses and facilities which by their nature may cause erosion and sedimentation, such as excavation and quarrying operations, provided however that this section shall not apply to Article III, Section 1 (I)(a). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of the section shall be submitted to the building official and/or his/her designee within one hundred twenty (120) days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.

(ii) When the pre-existing use is a gravel extraction operation, the property owner shall conduct the operation in a manner so as not to devalue abutting properties; so as to protect abutting property from wind erosion and soil erosion due to increased runoff, sedimentation of reservoirs, and drainage systems; and so as to limit the depth of extraction so as not to interfere with the existing nearby water table.

ARTICLE VI. Enforcement.

Section 1. Performance bond.

(a) Performance bond.

(1) Before approving an erosion sediment control plan, the building official or his or her designee may require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities, or other method of surety, as specified by the building official or his or her designee. When any land disturbing activity is to take place within one hundred feet (100') of any watercourse or coastal feature or within an identified flood hazard district, or on slopes in excess of ten percent (10%), the filing of a performance bond shall be required. The amount of the bond, as determined by the public works department, or in its absence, the building official or his or her designee, shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan.

(2) The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount, and manner of execution by the public works director and the city or town solicitor.

(3) A performance bond for an erosion sediment control plan for a subdivision may be included in the performance bond of the subdivision. The posting of the bond as part of the subdivision performance bond does not, however, relieve the owner of any requirement(s) of this ordinance.

(b) Notice of default on performance secured by bond.

(1) Whenever the building official or his or her designee shall find that a default has occurred in the performance of any term(s) or condition(s) of the bond or in the implementation of measures secured by the bond, written notice thereof shall be made to the applicant and to the surety of the bond by the municipal solicitor. The notice shall state the nature of default, work to be done, the estimated cost thereof, and the period of time deemed by the building official or his or her designee to be reasonably necessary for the completion of the work.

(2) Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default shall mean the institution, by the city or town solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance bond, to cause the required work to be completed by the city or town, by contract or by other appropriate means as determined by the city or town solicitor.

(c) Notice of default on performance secured by cash or negotiable securities deposit.

If a cash or negotiable securities deposit has been posted by the applicant, notice and procedure shall be the same as provided for in subsection (b) of this section.

(d) Release from performance bond conditions.

The performance bonding requirement shall remain in full force and effect for twelve (12) months following completion of the project, or longer if deemed necessary by the building official or his or her designee.

Section 2. Approval -- Expiration -- Renewal.

(a) Every approval granted herein shall expire at the end of the time period set forth in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.

(b) If the developer is unable to complete the work within the designated time period, he or she shall, at least thirty (30) days prior to the expiration date, submit a written request for an extension of time to the building official or his or her designee, setting forth the reasons underlying the requested time extension. If the extension is warranted, the building official or his or her designee may grant an extension of time up to a maximum of one year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the building official.

Section 3. Maintenance of measures.

Maintenance of all erosion sediment control devices under this ordinance shall be the responsibility of the owner. The erosion sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.

Section 4. Liability of applicant.

Neither approval of an erosion and sediment control plan nor compliance with any condition of this chapter shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the city or town for damages to persons or property.

ARTICLE VII.

Section 1. Inspections.

(a) Periodic inspections.

The provisions of this ordinance shall be administered and enforced by the building official or his or her designee. All work shall be subject to periodic inspections by the building official, or his or her designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the building official or his or her designee, who shall maintain a permanent file on all of his or her inspections. Upon completion of the work, the developer or owner(s) shall notify the building official or his or her designee that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approval, all attached plans, specifications, conditions, and other applicable provisions of this ordinance.

(b) Final inspection.

(1) Upon notification of the completion by the owner, the building official or his or her designee shall make a final inspection of the site in question, and shall prepare a final summary inspection report of its findings which shall be retained in the department of inspections, and in the department of public works' permanent inspections file.

(2) The applicant/owner may request the release of his or her performance bond from the building official or his or her designee twelve (12) months after the final site inspection has been completed and approved. In the instance where the performance bond has been posted with the recording of a final subdivision, the bond shall be released after the building official or his or her designee has been notified by the city or town planning director of successful completion of all plat improvements by the applicant/owner.

ARTICLE VIII. Notification.

Section 1. Noncompliance.

If, at any stage, the work in progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to the plan, a written notice from the building official or his or her designee to comply shall be transmitted by certified mail to the owner. The notice shall set forth the nature of the temporary and permanent corrections required, and the time limit within which corrections shall be completed as set forth in Article VIII section2(b). Failure to comply with the required corrections within the specified time limit shall be considered a violation of this chapter, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with Article VI sections 1(b) and 1(c) of this ordinance.

Section 2. Penalties.

(a) Revocation or suspension of approval.

The approval of an erosion and sediment control plan under this chapter may be revoked or suspended by the building official and all work on the project halted for an indefinite time period by the building official after written notification is transmitted by the building official to the developer for one or more of the following reasons:

(1) Violation of any condition of the approved plan, or specifications pertaining thereto;

(2) Violation of any provision of this ordinance or any other applicable law, ordinance, rule, or regulation related to the work or site of work; and

(3) The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this ordinance.

(b) Other penalties.

In addition thereto, whenever there is a failure to comply with the provisions of this chapter, the city or town shall have the right to notify the applicant/owner that he or she has five (5) days from the receipt of notice to temporarily correct the violations and thirty (30) days from receipt of notice to permanently correct the violations. Should the applicant owner fail to take the temporary corrective measures within the five (5) day period and the permanent corrective measures within the thirty (30) day period, the city or town shall then have the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded with the records of land evidence of the municipality, and the lien shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this chapter, including revocation of the performance bond or assessment of a lien on the property by the city or town.

(c) In addition to any other penalties provided in this section, a city or town is hereby authorized and empowered to provide by local ordinance for penalties and/or fines of not more than two hundred fifty dollars ($250) for failure to submit plans on or before the date on which the plan must be submitted, as set forth in the determination of applicability. Each day that the plan is not submitted shall constitute a separate offense.

ARTICLE IX.

Section 1. Definition of selected terms.

(a) Applicant- Any persons, corporation, or public or private organization proposing a development which would involve disturbance to the natural terrain as herein defined.

(b) Coastal feature- Coastal beaches and dunes, barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines as defined in "The State of Rhode Island Coastal Resources Management Program" as amended June 28, 1983.

(c) Cut- An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

(d) Development project- Any construction, reconstruction, demolition, or removal or structures, roadways, parking, or other paved areas, utilities, or other similar facilities, including any action requiring a building permit by the city or town.

(e) Erosion- The removal of mineral and/or organic matter by the action of wind, water, and/or gravity.

(f) Excavate- Any act by which earth, sand, gravel, or any other similar material is dug into, cut, removed, displaced, relocated, or bulldozed, and shall include the conditions resulting therefrom.

(g) Fill- Any act by which earth, sand, or other material is placed or moved to a new location above ground. The fill is also the difference in elevation between a point of existing undisturbed ground and a designated point of higher elevation of the final grade.

(h) Land disturbing activity- Any physical land development activity which includes such actions as clearance of vegetation, moving or filling of land, removal or excavation of soil or mineral resources, or similar activities.

(i) Runoff- The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow, and including seepage flows that do not enter the soil but run off the surface of the land. Also, that portion of water that is not absorbed by the soil, but runs off the land surface.

(j) Sediment- Solid material, both mineral and/or organic, that is in suspension, is being transported, or has been moved from its site or origin by wind, water, and/or gravity as a product of erosion.

(k) Soil erosion and sediment control plan- The approved document required before any person may cause a disturbance to the natural terrain within the city or town as herein regulated. Also, herein referred to as erosion and sediment control plan, approved plan.

(l) Watercourse- The term watercourse shall be held to mean any tidewater or coastal wetland at its mean high water level, and any freshwater wetland at its seasonal high water level, including, but not limited to, any river, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, or any other standing or flowing body of water. The edge of the watercourse as herein defined shall be used for delineation purposes.

SECTION 52. Section 45-52-7 of the General Laws in Chapter 45-52 entitled "The Quonochontaug East Beach Water District" is hereby amended to read as follows:

45-52-7. Notice of and place of district meetings. -- (a) A district meeting shall be held annually on the first Saturday of August in each year at nine o'clock a.m. (9:00 a.m.), for the election of district officers and the transaction of all other business that may legally come before the meeting. The meeting shall be held within the town of Charlestown.

(b) District meetings other than the annual district meeting may be called in the manner {DEL hereinafter DEL} provided {DEL . DEL} {ADD in this section. ADD}

(c) The district clerk shall give notice of every annual meeting of the district by mailing notice thereof to all of the persons named in the list of voters, corrected and filed as {DEL herein DEL} provided {DEL . DEL} {ADD in section 45-52-4. ADD}

(d) Notice of an annual district meeting shall be given by mailing a written or printed notice of the time when and the place where the meeting is to be held not less than seven (7) and not more than ten (10) days prior to the day appointed for the meeting.

(e) Whenever the district council and/or one-third (1/3) of the qualified voters shall make a request in writing for the calling of a special district meeting to transact any business relating to the district, in respect of which they shall have a right to vote, and direct the request to the district clerk, the district clerk shall cause the voters to be duly notified of the time when and the place where the meeting is to be held and of the business proposed to be transacted at the meeting.

(f) Notice of special district meetings shall be given in the manner provided for annual district meetings. At all special district meetings no business shall be transacted other than that stated in the call.

SECTION 53. Section 45-54-6 of the General Laws in Chapter 45-54 entitled "Municipal Detention Facility Corporations" is hereby amended to read as follows:

45-54-6. Powers. -- Except to the extent inconsistent with any specific provision of this chapter, the corporation shall have the power:

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

(b) To have a seal, which may be altered at pleasure, and to use the seal by causing it or a facsimile thereof to be impressed, affixed, or in any other manner reproduced. The seal shall be clearly distinguishable from the seal of any city or town;

(c) To maintain an office at such place or places as it may designate within the boundaries of the city or town whose council established the corporation;

(d) To determine the location and character of any project to be financed under the provisions of this chapter, not inconsistent with local zoning ordinances;

(e) To purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes for the corporation, and to mortgage, lease, or sell any of that property;

(f) To acquire, whether by purchase, lease, gift, exchange, or otherwise, and to construct, reconstruct, improve, erect, maintain, operate, manage, equip, and furnish, one or more projects, including all real, personal, or mixed properties which it may deem necessary in connection therewith, and regardless of whether or not the project or projects shall then be in existence or shall then be partially or wholly constructed;

(g) To lease, as lessor, to any person, firm, partnership, or corporation, either public or private, any or all of its projects, and to charge and collect rent therefor, and to terminate any lease upon the failure of the lessee to comply with any of the obligations thereof;

(h) To lease, as lessee, any property, real, personal or mixed, or any interest therein;

(i) To sell, exchange, mortgage, donate, and convey any or all of its properties whenever it shall find such an action to be in furtherance of the purposes for which the corporation was established;

(j) To grant options to purchase any of its projects on whatever terms it may deem advisable, and to grant options to renew any leases entered into by it in connection with any of its projects on any terms it may deem advisable;

(k) To issue bonds of the corporation for the purpose of carrying out any of its purposes, payable solely from the revenues pledged by the bonds for their payment, and to refund its bonds, all as provided in this chapter;

(l) As security for the payment of the principal and interest on any bonds so issued and any agreements made in connection therewith, to mortgage and pledge any or all of its projects, or any part or parts thereof, whether then owned or thereafter acquired, to pledge the revenues and receipts therefrom or from an interest thereof, and to assign or pledge the income received by virtue of the lease or leases;

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

(n) To make and enter into all contracts, leases, and other agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; provided that those contracts, leases, and other agreements with the federal government or other federal agency shall be governed by federal procurement procedures, and other contracts, leases, or other agreements shall be governed by the procurement requirements of the municipality, if any.

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

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

(q) To employ, in its discretion, attorneys, accountants, architectural and engineering consultants, and such other officers, employees, or agents as may be necessary in its judgment, and to fix their compensation;

(r) To acquire in the name of the corporation by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the rights of condemnation in the manner {DEL hereinafter DEL} provided {ADD in section 45-54-9 ADD}, such public or private lands, or parts thereof or rights therein, rights-of-way, property, rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, however, that all public property damaged in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable; and

(s) To do all other acts and to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter.

SECTION 54. Sections 46-23-2 and 46-23-2.1 of the General Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby amended to read as follows:

46-23-2. Coastal resources management council created -- Appointment of members. -- (a) There is hereby created the coastal resources management council.

(1) The coastal resources management council shall consist of sixteen (16) members, two (2) of whom shall be members of the house of representatives, at least one of the members shall represent a coastal municipality, appointed by the speaker, two (2) of whom shall be members of the senate, each of whom shall represent a coastal municipality, appointed by the lieutenant governor, two (2) of whom shall be from the general public appointed by the speaker of the house for a term of two (2) years, two (2) of whom shall be from a coastal municipality appointed by the speaker of the house for a term of three (3) years.

(2) In addition, four (4) of the members shall be appointed or elected officials of local government appointed by the governor, one of whom shall be from a municipality of less than twenty-five thousand (25,000) population, appointed to serve until January 31, 1972, one of whom shall be from a coastal municipality of more than twenty-five thousand (25,000) population appointed to serve until January 31, 1973, and one of whom shall be from a coastal municipality of less than twenty-five thousand (25,000) population appointed to serve until January 31, 1974, and one of whom shall be from a coastal community of more than twenty-five thousand (25,000) population appointed to serve until January 31, 1975, the populations are to be determined by the latest federal census; all members shall serve until their successors are appointed and qualified; during the month of January, the governor shall appoint a member to succeed the member whose term will then next expire for a term of four (4) years commencing on the first day of February then next following and until his or her successor is named and qualified; each municipal appointment shall cease if the appointed or elected official shall no longer hold or change the office which he or she held upon appointment, and further, each appointee shall be eligible to succeed him or herself.

(3) Three (3) members shall be appointed by the governor from the public, with the advice and consent of the senate, one of whom shall serve until January 1, 1972, one of whom shall serve until January 1, 1973 and one of whom shall serve until January 1, 1974; the members and their successors shall represent a coastal community.

(4) All members shall serve until their successors are appointed and qualified; during the month of January, the governor shall appoint, with advice and consent of senate, a member to succeed the members whose term will then next expire for a term of three (3) years commencing on the first day of February next following and until his or her successor is named and qualified. The provisions of this section as it relates to terms and appointment shall supersede any other provisions of this chapter. A member shall be eligible to succeed him or herself. No more than two (2) persons on the council shall be from the same community and in the case of legislators, they shall, for the purpose of serving from a community, be considered to serve from the district in which they live.

(5) Appointments shall first be made by the governor, then by the lieutenant governor, and then by the speaker. {DEL A vacancy other than by expiration shall be filled in like manner as an original appointment but only for the unexpired portion of the term. DEL} The commissioner of the environmental protection branch or his or her designee within the department of environment shall serve ex officio. The ex-officio member shall not be counted as serving from any particular community.

(b) In addition to the foregoing voting members, the council shall include a varying number of other members who shall serve in an advisory capacity without the right to vote and who shall be invited to serve by either the governor or the voting members. These advisory members shall represent the federal agencies such as the navy, coast guard, corps of engineers, public health service, and the federal water pollution control administration, and such regional agencies as the New England river basins commission and the New England regional commission and any other group or interest not otherwise represented.

(c) There shall be established a coastal resources advisory committee which committee, appointed by the executive director of the coastal resources management council, shall include, but not be limited to, representation from the following groups: one of whom shall be a representative of the University of Rhode Island Graduate School of Oceanography and the College of Resources Development, one of whom shall be a representative of the Sea Grant National College Program, one of whom shall be a representative of the army corps of engineers, one of whom shall be a representative of the federal environmental protection agency's Narragansett Bay laboratory, one of whom shall be a representative of the coastal resources management council, one of whom shall be the director of environmental management; one of whom shall be a member of the Rhode Island Marine Trade Association and one of whom shall be a representative of a regional environmental group. The council shall have the authority to appoint such additional members to said advisory committee as is deemed necessary or advisable by the advisory committee or the council. It shall be the responsibility of the committee to advise the coastal resources management council on environmental issues relating to dredging and permitting related thereto, including but not limited to those issues defined in sections 46-23-18.1 -- 46-23-18.3, inclusive.

(d) The council shall have the authority to form committees of other advisory groups as needed from both its own members and others.

46-23-2.1. Members -- Term of office -- Vacancies. -- (a) The term of office of the appointed members shall be three (3) years, only so long as the members shall remain eligible to serve on the council under the appointment authority.

(b) The members shall be eligible to succeed themselves {ADD . ADD} {DEL for one additional term only. Thereafter, no former member shall be eligible to be reappointed for a period of two (2) years. DEL}

(c) Elected or appointed municipal officials shall hold seats on the council, only so long as they remain in their elected or appointed office. Members of the senate and house shall serve at the pleasure of the appointing authority and shall not be subject to the provisions of subsection (b) of this section.

(d) A vacancy other than by expiration shall be filled in the manner of the original appointment but only for the unexpired portion of the term. The appointing authority shall have the power to remove its appointee for just cause.

{DEL (e) This section shall take effect on July 1, 1985 and shall apply prospectively to those members currently serving on the council whose terms expire thereafter. DEL}

SECTION 55. This act shall take effect upon passage.