2016 -- H 7200

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LC003665

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION -- 2016

     Introduced By: Representatives DeSimone, and Newberry

     Date Introduced: January 15, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

ARTICLE I--STATUTORY CONSTRUCTION

     SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

Titles 29, 30, and 32 contained in volume 5A of the General Laws of R.I., including every chapter

and section therein, and any chapters and sections of titles 29, 30, and 32 not included in this act

may be and are hereby reenacted as if fully set forth herein.

     SECTION 2. Section 5-71-8 of the General Laws in Chapter 5-71 entitled "Licensure of

Interpreters for the Deaf" is hereby amended to read as follows:

     5-71-8. Qualifications of applicants for licenses. -- (a) To be eligible for licensure by

the board as an interpreter for the deaf or transliterator, the applicant must submit written

evidence on forms furnished by the department, verified by oath, that the applicant meets all of

the following requirements:

      (1) Is of good moral character;

      (2) Meets the screened requirements as defined in regulations promulgated by the

department or meets the certification requirements set forth by RID or its successor agency

approved by the department in consultation with the board;

      (3) Pays the department a license fee as set forth in § 23-1-54;

      (4) Adheres to the National Association of the Deaf (NAD), and the Registry of

Interpreters for the Deaf, Inc., (RID) code of professional conduct; and

      (5) Provides verification of a background check with the bureau of criminal investigation

in the office of attorney general at the time of the initial application for license.

      (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the

applicant must meet all of the requirements as described in subsection (a) and must further

present proof of successful completion of the educational interpreter performance assessment

(EIPA), written and performance tests, or a similar test as approved by the board, at a

performance level established by the board.

      (c) An individual whose license, certification, permit, or equivalent form of permission

issued within another state has been revoked, suspended, or currently placed on probation shall

not be eligible for consideration for licensure unless they have first disclosed to the department

about such disciplinary actions.

     SECTION 3. Section 8-3-15 of the General Laws in Chapter 8-3 entitled "Justices of the

Supreme, Superior, and Family Courts" is hereby amended to read as follows:

     8-3-15. Cost of living allowance. -- (a) All justices of the supreme court, superior court,

family court, or district court, or their surviving spouses or domestic partners, who retire after

January 1, 1970, and who receive a retirement allowance pursuant to the provisions of this title

shall, on the first day of January next following the third anniversary date of retirement, receive a

cost-of-living retirement adjustment in addition to his or her retirement allowance in an amount

equal to three percent (3%) of the original retirement allowance. In each succeeding year

thereafter during the month of January, the retirement allowance shall be increased an additional

three percent (3%) of the original allowance, not compounded, to be continued during the lifetime

of the justice or his or her surviving spouse or domestic partner. For the purpose of such

computation, credit shall be given for a full calendar year regardless of the effective date of the

retirement allowance.

      (b) Any justice who retired prior to January 31, 1977, shall be deemed for the purpose of

this section to have retired on January 1, 1977.

      (c) For justices not eligible to retire as of September 30, 2009, and not eligible upon

passage of this article, and for their beneficiaries, the cost of living adjustment described in

subsection (3) (a) above shall only apply to the first thirty-five thousand dollars ($35,000) of

retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of

the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The

thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in

the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United States

Department of Labor Statistics determined as of September 30 of the prior calendar year or three

percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of

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retirement allowance shall be multiplied by the percentage of increase in the Consumer Price

Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor

Statistics determined as of September 30 of the prior calendar year or three percent (3%),

whichever is less, on the month following the anniversary date of each succeeding year. For

justices eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for

their beneficiaries, the provisions of this subsection (c) shall not apply.

      (d) This subsection (d) shall be effective for the period July 1, 2012, through June 30,

2015.

      (1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (d)(2)

below, for all present and former justices, active and retired justices, and beneficiaries receiving

any retirement, disability, or death allowance or benefit of any kind, whether provided for or on

behalf of justices engaged on or prior to December 31, 1989, as a non-contributory justice or

engaged after December 31, 1989, as a contributory justice, the annual benefit adjustment

provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A)

is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the

"subtrahend") from the Five-Year Average Investment Return of the retirement system

determined as of the last day of the plan year preceding the calendar year in which the adjustment

is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent

(0%), and (B) is equal to the lesser of the justice's retirement allowance or the first twenty-five

thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000)

amount to be indexed annually in the same percentage as determined under (d)(1)(A) above. The

"Five-Year Average Investment Return" shall mean the average of the investment return of the

most recent five (5) plan years as determined by the retirement board. Subject to paragraph (d)(2)

below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd)

anniversary of the date of retirement or the date on which the retiree reaches his or her Social

Security retirement age, whichever is later. In the event the retirement board adjusts the

actuarially assumed rate of return for the system, either upward or downward, the subtrahend

shall be adjusted either upward or downward in the same amount.

      (2) Except as provided in paragraph (d)(3), the benefit adjustments under this section for

any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees'

Retirement System of Rhode Island, the Judicial Retirement Benefits Trust, and the State Police

Retirement Benefits Trust, calculated by the system's actuary on an aggregate basis, exceeds

eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for

such plan year.

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      In determining whether a funding level under this paragraph (d)(2) has been achieved,

the actuary shall calculate the funding percentage after taking into account the reinstatement of

any current or future benefit adjustment provided under this section.

      (3) Notwithstanding paragraph (d)(2), in each fifth plan year commencing after June 30,

2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five

(5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph

(d)(1) above until the Funded Ratio of the Employees' Retirement System of Rhode Island, the

Judicial Retirement Benefits Trust, and the State Police Retirement Benefits Trust, calculated by

the system's actuary on an aggregate basis, exceeds eighty percent (80%).

      (4) Notwithstanding any other provision of this chapter, the provisions of this paragraph

(d) of § 8-3-15 shall become effective July 1, 2012, and shall apply to any benefit adjustment not

granted on or prior to June 30, 2012.

      (e) This subsection (e) shall become effective July 1, 2015.

      (1) (A) As soon as administratively reasonable following the enactment into law of this

subsection (e)(1)(A), a one-time benefit adjustment shall be provided to justices and/or

beneficiaries of justices who retired on or before June 30, 2012, in the amount of two percent

(2%) of the lesser of either the justice's retirement allowance or the first twenty-five thousand

dollars ($25,000) of the justice's retirement allowance. This one-time benefit adjustment shall be

provided without regard to the retiree's age or number of years since retirement.

      (B) Notwithstanding the prior subsections of this section, for all present and former

justices, active and retired justices, and beneficiaries receiving any retirement, disability or death

allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or

prior to December 31, 1989, as a non-contributory justice or engaged after December 31, 1989, as

a contributory justice, the annual benefit adjustment provided in any calendar year under this

section for adjustments on and after January 1, 2016, and subject to subsection (e)(2) below, shall

be equal to (I) multiplied by (II):

      (I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:

      (i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)

(the "subtrahend") from the five-year average investment return of the retirement system

determined as of the last day of the plan year preceding the calendar year in which the adjustment

is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent

(0%). The "five-year average investment return" shall mean the average of the investment returns

of the most recent five (5) plan years as determined by the retirement board. In the event the

retirement board adjusts the actuarially assumed rate of return for the system, either upward or

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downward, the subtrahend shall be adjusted either upward or downward in the same amount.

      (ii) Is equal to the lesser of three percent (3%) or the percentage increase in the

Consumer Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of

Labor Statistics determined as of September 30 of the prior calendar year. In no event shall the

sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).

      (II) Is equal to the lesser of either the justice's retirement allowance or the first twenty-

five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount

to be indexed annually in the same percentage as determined under subsection (e)(1)(B)(I) above.

      The benefit adjustments provided by this subsection (e)(1)(B) shall be provided to all

retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,

and for all other retirees the benefit adjustments shall commence upon the third anniversary of the

date of retirement or the date on which the retiree reaches his or her Social Security retirement

age, whichever is later.

      (2) Except as provided in subsection (e)(3), the benefit adjustments under subsection

(e)(1)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the

employees' retirement system of Rhode Island, the judicial retirement benefits trust, and the state

police retirement benefits trust, calculated by the system's actuary on an aggregate basis, exceeds

eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for

such plan year.

      In determining whether a funding level under this subsection (e)(2) has been achieved,

the actuary shall calculate the funding percentage after taking into account the reinstatement of

any current or future benefit adjustment provided under this section.

      (3) Notwithstanding subsection (e)(2), in each fourth plan year commencing after June

30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of

four plan years: (i) A benefit adjustment shall be calculated and made in accordance with

paragraph (e)(1)(B) above; and (ii) Effective for members and/or beneficiaries of members who

retired on or before June 30, 2015, the dollar amount in subsection (e)(1)(B)(II) of twenty-five

thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand

and twenty-six dollars ($31,026) until the funded ratio of the employees' retirement system of

Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust,

calculated by the system's actuary on an aggregate basis, exceeds eighty percent (80%).

      (A) Effective for members and or beneficiaries of members who have retired on or

before July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within

sixty (60) days following the enactment of the legislation implementing this provision, and a

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second one-time stipend of five hundred dollars ($500) in the same month of the following year.

These stipends shall be payable to all retired members or beneficiaries receiving a benefit as of

the applicable payment date and shall not be considered cost of living adjustments under the prior

provisions of this § 8-3-15.

     SECTION 4. Section 12-10-12 of the General Laws in Chapter 12-10 entitled

"Preliminary Proceedings in District Court" is hereby amended to read as follows:

     12-10-12. Filing of complaints. -- a) Subject to any other provisions of law relative to

the filing of complaints for particular crimes, any judge of the district court or superior court may

place on file any complaint in a criminal case other than a complaint for the commission of a

felony or a complaint against a person who has been convicted of a felony or a private complaint.

The court may in its discretion require, as a condition of the filing, the performance of services

for the public good or may attach any other conditions to it that the court shall determine;

provided, in cases where the court ordered restitution totals less than two hundred dollars ($200)

to an injured party pursuant to this section or § 12-19-34, the court shall require that full

restitution be made at the time of sentencing if the court determines that the defendant has the

present ability to make the restitution.

      (b) Express conditions of any filing in accordance with this section shall be that the

defendant shall at all times during the one year keep the peace and be of good behavior and shall

have paid all outstanding court-imposed or court-related fees, fines, costs, assessments, charges,

and/or any other monetary obligations unless reduced or waived by order of the court. A violation

of these express conditions, or any other condition set by the court, shall be deemed a violation of

the filing and the matter that was filed may be resurrected by the court. A determination of

whether a violation has occurred shall be made by the court in accordance with the procedures

relating to a violation of probation, §§ 12-19-9 and 12-19-14.

      (c) In the event the complaint was originally filed under this section subsequent to the

defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

been a violation, may sentence the defendant. In the event the court filed the complaint under this

section while the defendant maintained a plea of not guilty, if the court finds there to have been a

violation, it may proceed to the further disposition of the complaint according to law. If no action

is taken on the complaint for a period of one year following the filing, the complaint shall be

automatically expunged. No criminal record shall result; provided, that in any civil action for a

tort, a plea of guilty or a finding of guilty should be admissible notwithstanding the fact that the

complaint has been filed.

      (d) Notwithstanding the foregoing provisions of this section, in the event a complaint for

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a crime involving domestic violence was originally filed under this section subsequent to the

defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

been a violation, may sentence the defendant. In the event the court filed the complaint for a

crime involving domestic violence under this section while the defendant maintained a plea of not

guilty, if the court finds there to have been a violation, it may proceed to the further disposition of

the complaint for a crime involving domestic violence according to law. If, for a period of one

year after the date of filing, the defendant is not charged with a violation pursuant to subsection

(b) of this section, the filed complaint for the crime involving domestic violence shall be

automatically quashed and shall not be resurrected. If, for a period of three (3) years after the date

of filing, the defendant is not charged with a crime involving domestic violence, or if so charged,

is acquitted or the complaint is dismissed, all records relating to the filed complaint for a crime

involving domestic violence shall be expunged without the requirement of filing a motion

pursuant to chapter 1.3 of title 12. No criminal records shall result, unless in any civil action for a

tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that the

complaint has been filed. Provided, however, that in sentencing a defendant for a crime involving

domestic violence of which the defendant was charged within three (3) years after the filing of a

prior crime involving domestic violence to which the defendant pleaded guilty or nolo

contendere, the court may take the plea into consideration.

      (e) The defendant shall be advised that any and all bail money relating to a case that

remains on deposit and is not claimed at the time of expungement shall be escheated to the state's

general treasury in accordance with chapter 12 of title 8.

     SECTION 5. Section 16-11-4 of the General Laws in Chapter 16-11 entitled

"Certification of Teachers" is hereby amended to read as follows:

     16-11-4. Annulment of certificates -- Annulment, renewal, recertification, or repeal

of certificates. Annulment of certificates -- Annulment, renewal, or recertification of

certificates. -- (a) The commissioner of elementary and secondary education shall promulgate

rules and regulations under which a certificate may be annulled for cause. The holder shall be

entitled to notice and a hearing before the commissioner of elementary and secondary education

prior to the annulment of the certificate. The holder shall have an opportunity to appeal the

decision of the commissioner to the council on elementary and secondary education, if desired.

      (b) In the event the license of any person licensed pursuant to the provisions of this

chapter is subject to renewal, renewal or recertification, for any reason, including, but not

limited to, the payment of licensing fees, the department of elementary and secondary education

shall send notice to such person of the need for such renewal, renewal or recertification, by

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electronic mail or e-mail. Said notice shall be issued at least ninety (90) calendar days prior to the

proposed action. Such notice shall include:

      (1) The action proposed by the department;

      (2) The date such action proposed is to be taken; and

      (3) A statement as to what actions the person needs to perform to retain the license, if

applicable.

      (c) The notice required by subsection (b) of this section shall be in addition to, and not in

place of, any other notice required by law.

     SECTION 6. Section 16-41-5 of the General Laws in Chapter 16-41 entitled "New

England Higher Education Compact" is hereby amended to read as follows:

     16-41-5. Repayment of loans. -- (a) Dental, medical, optometry, osteopathic, and

veterinary medical students that who attend schools under the Rhode Island health professions

contract program which are is supported by funds from the state may decrease their indebtedness

to the state under the following options:

      (1) Upon completion of his or her dental, medical, optometry, osteopathic, or veterinary

training, including internship and residency training, a student who establishes residency in the

state will be relieved of fifteen percent (15%) of that indebtedness per year for each year that the

student is employed by the state in a full-time capacity for a maximum cancellation of seventy-

five percent (75%) for five (5) years of employment.

      (2) Any graduate who establishes residency in the state will be relieved of ten percent

(10%) of that indebtedness per year for each year that he or she practices dentistry, medicine,

optometry, osteopathy, or veterinary medicine in the state in a full-time capacity for a maximum

cancellation of fifty percent (50%) for five (5) years of practice.

      (b) In no event shall any student's cancellation of indebtedness under subsection (a)

exceed seventy-five percent (75%).

      (c) In no event shall any student be entitled to a refund of any sums paid on his or her

indebtedness by virtue of the provisions of this section.

      (d) The office of the postsecondary commissioner shall promulgate rules and regulations

that are necessary and proper to promote the full implementation of this section.

     SECTION 7. Sections 17-25-10 and 17-25-11 of the General Laws in Chapter 17-25

entitled "Rhode Island Campaign Contributions and Expenditures Reporting" are hereby amended

to read as follows:

     17-25-10. Lawful methods of contributing to support of candidates -- Reporting --

Disposition of anonymous contributions. [Effective January 1, 2016.] -- (a) No contribution

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shall be made or received, and no expenditures shall be directly made or incurred, to support or

defeat a candidate except through:

      (1) The candidate or duly appointed campaign treasurer or deputy campaign treasurer of

the candidate;

      (2) The duly appointed campaign treasurer or deputy campaign treasurer of a political

party committee;

      (3) The duly appointed campaign treasurer or deputy campaign treasurer of a political

action committee.

      (b) It shall be lawful for any person, not otherwise prohibited by law and not acting in

concert with any other person or group, to expend personally from that person's own funds a sum

that is not to be repaid to him or her for any purpose not prohibited by law to support or defeat a

candidate; provided, that any person making the expenditure shall be required to report all of his

or her expenditures and expenses, if the total of the money so expended exceeds one hundred

dollars ($100) within a calendar year, to the board of elections within seven (7) days of making

the expenditure and to the campaign treasurer of the candidate or political party committee on

whose behalf the expenditure or contribution was made, or to his or her deputy, within seven (7)

days of making the expenditure, expenditure. who The treasurer or his or her deputy shall

cause the expenditures and expenses to be included in his or her reports to the board of elections.

Whether a person is "acting in concert with any other person or group" for the purposes of this

subsection shall be determined by application of the standards set forth in § 17-25-23.

      (c) Any anonymous contribution received by a candidate, campaign treasurer, or deputy

campaign treasurer shall not be used or expended, but shall be returned to the donor, if the donor's

identity can be ascertained; if not, the contribution shall escheat to the state.

     17-25-11. Dates for filing of reports by treasurers of candidates or of committees.

[Effective January 1, 2016.] -- (a) During the period between the appointment of the campaign

treasurer for state and municipal committees and political action committees, or in the case of an

individual the date on which the individual becomes a "declared or undeclared candidate" as

defined in § 17-25-3(2), except when the ninety-day (90) reporting period ends less than forty

(40) days prior to an election in which case the ninety-day (90) report shall be included as part of

the report required to be filed on the twenty-eighth (28th) day next preceding the day of the

primary, general, or special election pursuant to subdivision (2) of this subsection, and the

election, with respect to which contributions are received or expenditures made by him or her in

behalf of, or in opposition to, a candidate, the campaign treasurer of a candidate, a political party

committee, or a political action committee shall file a report containing an account of

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contributions received, and expenditures made, on behalf of, or in opposition to, a candidate:

      (1) At ninety-day (90) intervals commencing on the date on which the individual first

becomes a candidate, as defined in § 17-25-3(2);

      (2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next

preceding the day of the primary, general, or special election; provided, that in the case of a

primary election for a special election where the twenty-eighth (28th) day next preceding the day

of the primary election occurs prior to the first day for filing declarations of candidacy pursuant to

§ 17-14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding

the day of the primary election for the special election; and

      (3) A final report on the twenty-eighth (28th) day following the election. The report shall

contain:

      (i) The name and address and place of employment of each person from whom

contributions in excess of a total of one hundred dollars ($100) within a calendar year were

received;

      (ii) The amount contributed by each person;

      (iii) The name and address of each person to whom expenditures in excess of one

hundred dollars ($100) were made; and

      (iv) The amount and purpose of each expenditure.

      (b) Concurrent with the report filed on the twenty-eighth (28th) day following an

election, or at any time thereafter, the campaign treasurer of a candidate, or political party

committee, or political action committee, may certify to the board of elections that the campaign

fund of the candidate, political party committee, or political action committee having been

instituted for the purposes of the past election, has completed its business and been dissolved or,

in the event that the committee will continue its activities beyond the election, that its business

regarding the past election has been completed; and the completed. The certification shall be

accompanied by a final accounting of the campaign fund, or of the transactions relating to the

election, including the final disposition of any balance remaining in the fund at the time of

dissolution or the arrangements that have been made for the discharge of any obligations

remaining unpaid at the time of dissolution.

      (c) (1) Once the campaign treasurer certifies that the campaign fund has completed its

business and been dissolved, no contribution that is intended to defray expenditures incurred on

behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time

that the campaign treasurer certifies that the campaign fund has completed its business and been

dissolved, the treasurer shall file reports containing an account of contributions received and

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expenditures made at ninety-day (90) intervals commencing with the next quarterly report

following the election; however, the time to file under this subsection shall be no later than the

last day of the month following the ninety-day (90) period, except when the last day of the month

filing deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28)

days before an election, in which case the report shall be filed pursuant to the provisions of

subdivisions (a)(1) and (2) of this section. Provided, however, if the last day of the month falls on

a weekend or a holiday, the report shall be due on the following business day.

      (2) In addition to the reports required pursuant to this section, a candidate or office

holder shall also file with the board of elections a paper copy of the account statement from the

office holder's campaign account, which account statement shall be the next account statement

issued by their financial institution after the filing of the fourth quarterly campaign expense

report. The account statement shall be submitted to the board within thirty (30) days of its receipt

by the candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be

deemed a public record pursuant to the provisions of chapter 2 of title 38. The board of elections,

its agents, and employees shall not publish, deliver, copy, or disclose, to any person or entity any

account statement or information contained therein for any candidate, former candidate,

officeholder, party, or political action committee. Provided, as to state and municipal political

parties, the requirements of this subsection (c)(2) shall apply to the annual report required

pursuant to § 17-25-7.

      (d) (1) There shall be no obligation to file the reports of expenditures required by this

section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf

of the candidacy by the candidate, by any political party committee, by any political action

committee, or by any person shall not in the aggregate exceed one thousand dollars ($1,000).

      (2) However, even though the aggregate amount expended on behalf of the candidacy

does not exceed one thousand dollars ($1,000), reports must be made listing the source and

amounts of all contributions in excess of a total of one hundred dollars ($100) from any one

source within a calendar year. Even though the aggregate amount expended on behalf of the

candidacy does not exceed one thousand dollars ($1,000) and no contribution from any one

source within a calendar year exceeds one hundred dollars ($100), the report shall state the

aggregate amount of all contributions received. In addition, the report shall state the amount of

aggregate contributions that were from individuals, the amount from political action committees,

and the amount from political party committees.

      (e) On or before the first date for filing contribution and expenditure reports, the

campaign treasurer may file a sworn statement that the treasurer will accept no contributions nor

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make aggregate expenditures in excess of the minimum amounts for which a report is required by

this chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that

campaign, other than the final report due on the twenty-eighth (28th) day following the election.

      (f) A campaign treasurer must file a report containing an account of contributions

received and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of

this section for any ninety-day (90) period in which the campaign received contributions in excess

of a total of one hundred dollars ($100) within a calendar year from any one source and/or made

expenditures in excess of one thousand dollars ($1,000) within a calendar year; however, the time

to file under this subsection shall be no later than the last day of the month following the ninety-

day (90) period, except when the last day of the month filing deadline following the ninety-day

(90) reporting period occurs less than twenty-eight (28) days before an election, in which case the

report shall be filed pursuant to the provisions of subdivisions (a)(1) and (2) of this section.

Provided, however, if the last day of the month falls on a weekend or a holiday, the report shall be

due on the following business day.

      (g) (1) The board of elections may, for good cause shown and upon the receipt of a

written or electronic request, grant a seven-day (7) extension for filing a report; provided, that the

request must be received no later than the date upon which the report is due to be filed.

      (2) Any person or entity required to file reports with the board of elections pursuant to

this section and who or that has not filed the report by the required date, unless granted an

extension pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars

($25.00). Notwithstanding any of the provisions of this section, the board of elections shall have

the authority to waive late filing fees for good cause shown.

      (3) The board of elections shall send a notice of non-compliance, by certified mail, to

any person or entity who or that fails to file the reports required by this section. A person or entity

who or that is sent a notice of non-compliance and fails to file the required report within seven (7)

days of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt

of the notice of non-compliance until the day the report has been received by the state board.

Notwithstanding any of the provisions of this section, the board of elections shall have the

authority to waive late filing fees for good cause shown.

     SECTION 8. Sections 27-29-4.4 of the General Laws in Chapter 27-29 entitled "Unfair

Competition and Practices" is hereby amended to read as follows:

     27-29-4.4. Auto body repair labor rate surveys. [Effective January 1, 2016.] -- (a)

Every insurance carrier authorized to sell motor vehicle liability insurance in the state shall

conduct an auto body repair labor rate survey, subject to, and in accordance with, the following

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provisions:

      (1) When used in this section the following definitions shall apply:

      (i) "Auto body labor rate survey" is an analysis of information gathered from auto body

repair shops regarding the rates of labor that repair shops charge in a certain geographic area.

      (ii) "Prevailing auto body labor rate" means the rate determined and set by an insurer as a

result of conducting an auto body labor rate survey in a particular geographic area and used by

insurers as a basis for determining the cost to settle automobile property damage claims.

      (iii) "Independent auto body repair facility" means any auto body repair facility that does

not have a formal agreement and/or written contract with an insurer to provide auto body repair

services to insureds and/or claimants.

      (iv) "Direct repair program" means any methods through which an insurer refers,

suggests, or recommends a specific auto body repair facility, with whom the insurer has a formal

agreement and/or contract to provide auto body repair services, to insureds and/or claimants.

      (v) "Contract rate" means any labor rate to which an auto body repair facility and an

insurer have agreed in a formal agreement and/or written contract.

      (2) Each insurer must annually conduct a separate and distinct written auto body labor

rate survey for each classification of auto body shops as established by the department of business

regulation pursuant to § 5-38-5, in writing, annually to determine a separate and distinct

prevailing auto body labor rate for each classification of fully licensed auto body repair facilities.

      (3) Insurers may not use an auto body labor rate survey; contract rates from auto body

repair facilities with which it has a formal agreement or contract to provide auto body repair

services to insureds and/or claimants; rates paid as a result of subrogation, rates obtained from

auto body repair facilities in a different classification than that being surveyed, or rates from a

repair shop facility holding a limited or special use license.

      (4) Each auto body labor rate survey shall include the following:

      (i) The name and address of each shop surveyed in the labor survey;

      (ii) The total number of shops surveyed;

      (iii) The prevailing rate established by the insurer for each classification of full collision

licensed auto body repair facilities; and

      (iv) A description of the formula or method used to calculate or determine the specific

prevailing rate reported.

      (5) Each insurer must report the results of their auto body labor rate survey to the

department of business regulation insurance division.

      (6) The department of business regulation must promulgate regulations related to auto

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body labor rate surveys by October 1, 2006, establishing the following:

      (i) A questionnaire that must be used by all insurers in their labor rate survey;

      (ii) Date of reporting; and

      (iii) Number or percentage of shops to be surveyed.

      (7) The department of business regulation shall review all surveys submitted for

compliance with this section and any rules and regulations promulgated by the department.

      (b) Nothing contained in § 27-29-4.4 shall require an insurer to establish the prevailing

rate for each classification of full collision licensed auto body repair facilities based solely on the

survey results.

     SECTION 9. Section 34-25.1-9 of the General Laws in Chapter 34-25.1 entitled "Reverse

Mortgages" is hereby amended to read as follows:

     34-25.1-9. Required counseling. -- (a) All lenders shall deliver to all reverse mortgage

loan applicants a statement, if available, prepared by the department of elderly affairs on the

advisability and availability of independent counseling and information services. With respect to

every reverse mortgage loan, the prospective mortgagor(s) shall complete a reverse mortgage

counseling program. An original certificate, dated and signed by both the counselor and the

mortgagor(s), certifying that the counseling required by this section has taken place, shall be

delivered to the mortgagee at least three (3) business days prior to the closing of the loan. The

lender shall not process a reverse mortgage loan application, other than ordering an automated

valuation model, ordering a credit report, obtaining information required for inclusion in a loan

application, including documenting and verifying credit, income, assets and property charges,

evaluating extenuating circumstances and compensating factors, evaluating the results of the

financial assessment in determining eligibility for a home equity conversion mortgage,

determining whether a life expectancy set-aside will be required and whether the set-aside must

be fully or partially funded, and completing a home equity conversion mortgage financial

assessment worksheet; and ordering a preliminary title search, until the counseling required by

this section has been completed and the certificate of counseling is delivered to the mortgagee.

      (b) The reverse mortgage counseling program shall include, but is not limited to, all

matters enumerated in subsections (e)(1) through (e)(6) of this section. The department of elderly

affairs shall maintain a list of counseling programs and agencies approved by the United States

Department of Housing and Urban Development and the Federal Housing Administration to

satisfy the requirements of this section and shall make such list available to all lenders and to the

public, provided that: (1) the counseling agency is not affiliated with the reverse mortgage lender;

and (2) the counseling agency complies with the counseling requirements of this section. The

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director of the department of elderly affairs shall have the right to prescribe the form of

counseling certificate that will meet the requirements of subsection (a) of this section.

      (c) Counseling shall comply with the following requirements: (1) It shall be conducted in

person; however, if the prospective mortgagor(s) cannot or choose(s) not to travel to a housing

counseling agency and cannot be visited by a counselor in their home, telephone counseling shall

be permitted by counseling agencies that are authorized by the United States Department of

Housing and Urban Development or the Federal Housing Administration to conduct telephone

counseling. (2) The reverse mortgage loan shall close within one hundred eighty (180) days after

the prospective mortgagor(s) sign(s) the counseling certificate. If the reverse mortgage loan does

not close within such one hundred eighty (180) day period, the parties shall be required to again

comply with the counseling requirements of this section. (3) Mortgagees shall provide

prospective mortgagors with the name of at least three (3) independent, authorized counseling

agencies approved by the United States Department of Housing and Urban Development or the

Federal Housing Administration. The mortgagee shall not recommend a counseling agency that is

an affiliate of the mortgagee.

      (d) In the event that counseling shall not be available free of charge, the mortgagee shall

be responsible for the cost of the counseling to the extent that all other legitimate sources or of

funding the counseling including, without limitation, non-profit organizations and grants have not

been obtained. In the event that 12 U.S.C. § 1715z-20 or the federal regulations promulgated with

respect thereto shall, at the time such counseling fee is due and payable by the mortgagee,

expressly prohibit a mortgagee from being responsible for the cost of counseling, then subsection

(d) of this section shall not apply to a reverse mortgage loan that is subject to 12 U.S.C. § 1715z-

20 and the federal regulations promulgated with respect thereto.

      (e) Counseling shall include, without limitation, discussion of the following with the

prospective mortgagor(s):

      (1) Options other than a reverse mortgage that are available to the mortgagor(s),

including other housing, social service, health, and financial options;

      (2) Other home equity conversion options that are or may become available to the

mortgagor(s), such as other reverse mortgages, sale-leaseback financing, deferred payment loan,

and property tax deferral;

      (3) The financial implications of entering into a reverse mortgage;

      (4) A disclosure that a reverse mortgage may have tax consequences, affect eligibility for

assistance under federal and state programs, and have an impact on the estate and heirs of the

homeowner(s), as well as an explanation of how the reverse mortgage may affect the estate and

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public benefits of the mortgagor(s);

      (5) Such other topics as shall be required to be addressed during counseling with respect

to a reverse mortgage pursuant to 12 U.S.C. § 1715z-20, and/or any regulations promulgated

pursuant thereto; and

      (6) Such other topics as shall be required to be addressed by the director of the

department of elderly affairs.

      (f) Subsections (b), (c), (e) of this section shall not apply to any reverse mortgage loan

that is subject to 12 U.S.C. § 1715z-20 and the federal regulations promulgated with respect

thereto; provided that such loan complies with the counseling requirements set forth in 12 U.S.C.

§ 1715z-20 and the federal regulations promulgated with respect thereto (including without

limitation 24 CFR Part 206).

     SECTION 10. Section 34-44-2 of the General Laws in Chapter 34-44 entitled

"Abandoned Property" is hereby amended to read as follows:

     34-44-2. Definitions. -- As used in this chapter:

      (1) "Abandon" or "abandonment" means a situation where the owner of a building has

intended to abandon the building and has manifested the intent with some act or failure to act. In

determining whether an owner has abandoned his or her building, a court shall infer the intent of

the owner from the existence of serious code violations that pose a health and/or safety hazard to

the community and that have gone unrepaired for an unreasonable amount of time and from any

of the surrounding facts and circumstances including, but not limited to the following:

      (i) Whether or not the building is vacant;

      (ii) Whether or not the grounds are maintained;

      (iii) Whether or not the building's interior is sound;

      (iv) Whether or not any vandalism on the building has gone unrepaired;

      (v) Whether or not rents have been collected from the building's tenants by the owner;

      (vi) The length of time any of the above conditions have existed.

      (2) "Abate" or "abatement" in connection with any property means the removal or

correction of any hazardous conditions deemed to constitute a public nuisance and the making of

such other improvements as are needed to affect a rehabilitation of the property that is consistent

with maintaining safe and habitable conditions over the remaining useful life of the property.

However, the closing or boarding up of any building that is found to be a public nuisance is not

an abatement of the nuisance.

      (3) "Building" means any building or structure used for residential purposes or used for

retail stores, shops, salesrooms, markets, or similar commercial uses, or for offices, banks, civic

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administration activities, professional services, or similar business or civic uses.

      (4) "Interested party" means any owner, mortgagee, lienholder, or other entity or person

who or that possesses an interest of record in any property that becomes subject to the

jurisdiction of the court pursuant to this chapter and any applicant for the appointment of a

receiver pursuant to this chapter.

      (5) "Neighboring landowner" means any owner of property, including any entity or

person who or that is purchasing property by land installment contract or under a duly executed

purchase contract, that is located within two hundred feet of any property that becomes subject to

the jurisdiction of the court pursuant to this chapter.

      (6) "Public nuisance" means a building that is a menace to the public health, welfare, or

safety; or that is structurally unsafe, unsanitary; or not provided with adequate safe egress; or that

constitutes a fire hazard; or is otherwise dangerous to human life; or is otherwise no longer fit and

habitable; or that, in relation to existing use, constitutes a hazard to the public health, welfare, or

safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

     SECTION 11. Section 39-3-40 of the General Laws in Chapter 39-3 entitled "Regulatory

Powers of Administration" is hereby amended to read as follows:

     39-3-40. Storage, transportation and distribution of gas -- Regulation -- Penalties. --

(a) In regulating the storage, transportation, and distribution of gas, and the pressure under which

these operations may respectively be carried on, the division of public utilities and carriers may

ascertain, determine, and fix adequate and serviceable standards for the measurement of quality,

pressure, or other condition pertaining to the performing of its service, or to the furnishing of its

product or commodity, by any gas storage, transportation, and distribution facility, and prescribe

reasonable regulations for examination and testing of such service, product, or commodity.

      (b) (1) Any person, firm or corporation who or that violates any provision of any code

adopted by the division pertaining to the safety of pipeline facilities and the transportation of gas,

or of any regulation or rule thereunder, at a time when the division has submitted to and has in

effect the annual certification to from the United States Secretary of Transportation provided for

in § 5(a) of the Natural Gas Pipeline Safety Act of 1968, as amended, (see § 60101 et seq. of Title

49 of the United States Code), shall be subject to civil penalties as specified in 49 U.S.C. §

60122(a), as amended. To provide adequate protection against risks to life and property posed by

pipeline transportation and pipeline facilities, the division shall possess the authority to adopt any

of the safety standards for pipeline transportation and for pipeline facilities that are contained in

49 U.S.C. § 60101 et seq.

      (2) Any such penalty shall be determined by the division. In determining the amount of

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the penalty, the appropriateness of the penalty to the size of the business of the person, firm, or

corporation charged; the gravity of the violation; and the good faith of the person, firm, or

corporation charged in attempting to achieve compliance after notification of a violation; shall be

considered. The amount of the penalty, where finally determined, may be deducted from any

sums that the state may owe to the person, firm, or corporation charged or may be recovered in a

civil action commenced in the state courts.

     SECTION 12. Section 40-6-27 and 40-6-27.2 of the General Laws in Chapter 40-6

entitled "Public Assistance Act" is hereby amended to read as follows:

     40-6-27. Supplemental security income. -- (a) (1) The director of the department is

hereby authorized to enter into agreements on behalf of the state with the secretary of the

Department of Health and Human Services or other appropriate federal officials, under the

supplementary and security income (SSI) program established by title XVI of the Social Security

Act, 42 U.S.C. section 1381 et seq., concerning the administration and determination of eligibility

for SSI benefits for residents of this state, except as otherwise provided in this section. The state's

monthly share of supplementary assistance to the supplementary security income program shall

be as follows:

     (i) Individual living alone: $39.92 (ii) Individual living with others: $51.92 (iii) Couple

living alone: $79.38 (iv) Couple living with others: $97.30 (v) Individual living in state licensed

assisted living residence: $332.00 (vi) Individual eligible to receive Medicaid-funded long-term

services and supports and living in a Medicaid certified state licensed assisted living residence or

adult supportive care residence, as defined in § 23-17.24-1, participating in the program

authorized under §40-8.13-2.1 § 40-8.13-12: (a) with countable income above one hundred and

twenty (120) percent of poverty: up to $465.00; (b) with countable income at or below one

hundred and twenty (120) percent of poverty: up to the total amount established in (v) and $465:

$797 (vii) Individual living in state licensed supportive residential care settings that, depending

on the population served, meet the standards set by the department of human services in

conjunction with the department(s) of children, youth and families, elderly affairs and/or

behavioral healthcare, developmental disabilities and hospitals: $300.00.

     Provided, however, that the department of human services shall by regulation reduce,

effective January 1, 2009, the state's monthly share of supplementary assistance to the

supplementary security income program for each of the above listed payment levels, by the same

value as the annual federal cost of living adjustment to be published by the federal social security

administration in October 2008 and becoming effective on January 1, 2009, as determined under

the provisions of title XVI of the federal social security act [42 U.S.C. § 1381 et seq.] and

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provided further, that it is the intent of the general assembly that the January 1, 2009 reduction in

the state's monthly share shall not cause a reduction in the combined federal and state payment

level for each category of recipients in effect in the month of December 2008; provided further,

that the department of human services is authorized and directed to provide for payments to

recipients in accordance with the above directives. (2) As of July 1, 2010, state supplement

payments shall not be federally administered and shall be paid directly by the department of

human services to the recipient. (3) Individuals living in institutions shall receive a twenty dollar

($20.00) per month personal needs allowance from the state which shall be in addition to the

personal needs allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq. (4)

Individuals living in state licensed supportive residential care settings and assisted living

residences who are receiving SSI supplemental payments under this section who are participating

in the program under §40-8.13-2.1 § 40-8.13-12 or otherwise shall be allowed to retain a

minimum personal needs allowance of fifty-five dollars ($55.00) per month from their SSI

monthly benefit prior to payment of any monthly fees in addition to any amounts established in

an administrative rule promulgated by the secretary of the executive office of health and human

services for persons eligible to receive Medicaid-funded long-term services and supports in the

settings identified in subsection (a)(1)(v) and (a)(1)(vi). (5) Except as authorized for the program

authorized under §40-8.13-2.1 § 40-8.13-12 to ensure that supportive residential care or an

assisted living residence is a safe and appropriate service setting, the department is authorized and

directed to make a determination of the medical need and whether a setting provides the

appropriate services for those persons who: (i) Have applied for or are receiving SSI, and who

apply for admission to supportive residential care setting and assisted living residences on or after

October 1, 1998; or (ii) Who are residing in supportive residential care settings and assisted living

residences, and who apply for or begin to receive SSI on or after October 1, 1998. (6) The process

for determining medical need required by subsection (5) of this section shall be developed by the

office of health and human services in collaboration with the departments of that office and shall

be implemented in a manner that furthers the goals of establishing a statewide coordinated long-

term care entry system as required pursuant to the Medicaid section 1115 waiver demonstration.

(7) To assure access to high quality coordinated services, the executive office of health and

human services is further authorized and directed to establish certification or contract standards

that must be met by those state licensed supportive residential care settings, including adult

supportive care homes and assisted living residences admitting or serving any persons eligible for

state-funded supplementary assistance under this section or the program established under §40-

8.13-2.1 § 40-8.13-12. Such certification or contract standards shall define: (i) The scope and

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frequency of resident assessments, the development and implementation of individualized service

plans, staffing levels and qualifications, resident monitoring, service coordination, safety risk

management and disclosure, and any other related areas; (ii) The procedures for determining

whether the certifications or contract standards have been met; and (iii) The criteria and process

for granting a one time, short-term good cause exemption from the certification or contract

standards to a licensed supportive residential care setting or assisted living residence that provides

documented evidence indicating that meeting or failing to meet said standards poses an undue

hardship on any person eligible under this section who is a prospective or current resident. (8)

The certification or contract standards required by this section or §40-8.13-2.1 § 40-8.13-12 shall

be developed in collaboration by the departments, under the direction of the executive office of

health and human services, so as to ensure that they comply with applicable licensure regulations

either in effect or in development. (b) The department is authorized and directed to provide

additional assistance to individuals eligible for SSI benefits for: (1) Moving costs or other

expenses as a result of an emergency of a catastrophic nature which is defined as a fire or natural

disaster; and (2) Lost or stolen SSI benefit checks or proceeds of them; and (3) Assistance

payments to SSI eligible individuals in need because of the application of federal SSI regulations

regarding estranged spouses; and the department shall provide such assistance in a form and

amount, which the department shall by regulation determine.

     40-6-27.2. Supplementary cash assistance payment for certain supplemental security

income recipients. -- There is hereby established a $206 monthly payment for disabled and

elderly individuals who, on or after July 1, 2012, receive the state supplementary assistance

payment for an individual in state licensed assisted living residence under § 40-6-27 and further

reside in an assisted living facility that is not eligible to receive funding under Title XIX of the

Social Security Act, 42 U.S.C. § 1381 et seq. or reside in any assisted living facility financed by

the Rhode Island housing and mortgage finance corporation prior to January 1, 2006, and receive

a payment under § 40-6-27. Such a monthly payment shall not be made on behalf of persons

participating in the program authorized under §40-8.13-2.1 § 40-8.13-12.

     SECTION 13. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled "Medical

Assistance - Long-Term Care Service and Finance Reform" is hereby amended to read as

follows:

     40-8.9-9. Long-term care re-balancing system reform goal. -- (a) Notwithstanding any

other provision of state law, the executive office of health and human services is authorized and

directed to apply for and obtain any necessary waiver(s), waiver amendment(s) and/or state plan

amendments from the secretary of the United States department of health and human services,

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and to promulgate rules necessary to adopt an affirmative plan of program design and

implementation that addresses the goal of allocating a minimum of fifty percent (50%) of

Medicaid long-term care funding for persons aged sixty-five (65) and over and adults with

disabilities, in addition to services for persons with developmental disabilities, to home and

community-based care; provided, further, the executive office shall report annually as part of its

budget submission, the percentage distribution between institutional care and home and

community-based care by population and shall report current and projected waiting lists for long-

term care and home and community-based care services. The executive office is further

authorized and directed to prioritize investments in home and community-based care and to

maintain the integrity and financial viability of all current long-term care services while pursuing

this goal.

      (b) The reformed long-term care system re-balancing goal is person-centered and

encourages individual self-determination, family involvement, interagency collaboration, and

individual choice through the provision of highly specialized and individually tailored home-

based services. Additionally, individuals with severe behavioral, physical, or developmental

disabilities must have the opportunity to live safe and healthful lives through access to a wide

range of supportive services in an array of community-based settings, regardless of the

complexity of their medical condition, the severity of their disability, or the challenges of their

behavior. Delivery of services and supports in less costly and less restrictive community settings,

will enable children, adolescents and adults to be able to curtail, delay or avoid lengthy stays in

long-term care institutions, such as behavioral health residential treatment facilities, long-term

care hospitals, intermediate care facilities and/or skilled nursing facilities.

      (c) Pursuant to federal authority procured under § 42-7.2-16 of the general laws, the

executive office of health and human services is directed and authorized to adopt a tiered set of

criteria to be used to determine eligibility for services. Such criteria shall be developed in

collaboration with the state's health and human services departments and, to the extent feasible,

any consumer group, advisory board, or other entity designated for such purposes, and shall

encompass eligibility determinations for long-term care services in nursing facilities, hospitals,

and intermediate care facilities for persons with intellectual disabilities as well as home and

community-based alternatives, and shall provide a common standard of income eligibility for

both institutional and home and community-based care. The executive office is authorized to

adopt clinical and/or functional criteria for admission to a nursing facility, hospital, or

intermediate care facility for persons with intellectual disabilities that are more stringent than

those employed for access to home and community-based services. The executive office is also

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authorized to promulgate rules that define the frequency of re-assessments for services provided

for under this section. Levels of care may be applied in accordance with the following:

      (1) The executive office shall continue to apply the level of care criteria in effect on June

30, 2015 for any recipient determined eligible for and receiving Medicaid-funded long-term

services in supports in a nursing facility, hospital, or intermediate care facility for persons with

intellectual disabilities on or before that date, unless (a) the recipient transitions to home and

community based services because he or she would no longer meet the level of care criteria in

effect on June 30, 2015; or (b) the recipient chooses home and community based services over the

nursing facility, hospital, or intermediate care facility for persons with intellectual disabilities. For

the purposes of this section, a failed community placement, as defined in regulations promulgated

by the executive office, shall be considered a condition of clinical eligibility for the highest level

of care. The executive office shall confer with the long-term care ombudsperson with respect to

the determination of a failed placement under the ombudsperson's jurisdiction. Should any

Medicaid recipient eligible for a nursing facility, hospital, or intermediate care facility for persons

with intellectual disabilities as of June 30, 2015 receive a determination of a failed community

placement, the recipient shall have access to the highest level of care; furthermore, a recipient

who has experienced a failed community placement shall be transitioned back into his or her

former nursing home, hospital, or intermediate care facility for persons with intellectual

disabilities whenever possible. Additionally, residents shall only be moved from a nursing home,

hospital, or intermediate care facility for persons with intellectual disabilities in a manner

consistent with applicable state and federal laws.

      (2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a

nursing home, hospital, or intermediate care facility for persons with intellectual disabilities shall

not be subject to any wait list for home and community based services.

      (3) No nursing home, hospital, or intermediate care facility for persons with intellectual

disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds

that the recipient does not meet level of care criteria unless and until the executive office has: (i)

performed an individual assessment of the recipient at issue and provided written notice to the

nursing home, hospital, or intermediate care facility for persons with intellectual disabilities that

the recipient does not meet level of care criteria; and (ii) the recipient has either appealed that

level of care determination and been unsuccessful, or any appeal period available to the recipient

regarding that level of care determination has expired.

      (d) The executive office is further authorized to consolidate all home and community-

based services currently provided pursuant to § 1915(c) of title XIX of the United States Code

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into a single system of home and community-based services that include options for consumer

direction and shared living. The resulting single home and community-based services system

shall replace and supersede all § 1915(c) programs when fully implemented. Notwithstanding the

foregoing, the resulting single program home and community-based services system shall include

the continued funding of assisted living services at any assisted living facility financed by the

Rhode Island housing and mortgage finance corporation prior to January 1, 2006, and shall be in

accordance with chapter 66.8 of title 42 of the general laws as long as assisted living services are

a covered Medicaid benefit.

      (e) The executive office is authorized to promulgate rules that permit certain optional

services including, but not limited to, homemaker services, home modifications, respite, and

physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care

subject to availability of state-appropriated funding for these purposes.

      (f) To promote the expansion of home and community-based service capacity, the

executive office is authorized to pursue payment methodology reforms that increase access to

homemaker, personal care (home health aide), assisted living, adult supportive care homes, and

adult day services, as follows:

      (1) Development, of revised or new Medicaid certification standards that increase access

to service specialization and scheduling accommodations by using payment strategies designed to

achieve specific quality and health outcomes.

      (2) Development of Medicaid certification standards for state authorized providers of

adult day services, excluding such providers of services authorized under § 40.1-24-1(3), assisted

living, and adult supportive care (as defined under § 23-17.24) that establish for each, an acuity-

based, tiered service and payment methodology tied to: licensure authority, level of beneficiary

needs; the scope of services and supports provided; and specific quality and outcome measures.

The standards for adult day services for persons eligible for Medicaid-funded long-term services

may differ from those who do not meet the clinical/functional criteria set forth in § 40-8.10-3.

      (g) The executive office shall implement a long-term care options counseling program to

provide individuals or their representatives, or both, with long-term care consultations that shall

include, at a minimum, information about: long-term care options, sources and methods of both

public and private payment for long-term care services and an assessment of an individual's

functional capabilities and opportunities for maximizing independence. Each individual admitted

to or seeking admission to a long-term care facility regardless of the payment source shall be

informed by the facility of the availability of the long-term care options counseling program and

shall be provided with long-term care options consultation if they so request. Each individual who

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applies for Medicaid long-term care services shall be provided with a long-term care consultation.

      (h) The executive office is also authorized, subject to availability of appropriation of

funding, and federal Medicaid-matching funds, to pay for certain services and supports necessary

to transition or divert beneficiaries from institutional or restrictive settings and optimize their

health and safety when receiving care in a home or the community. The secretary is authorized to

obtain any state plan or waiver authorities required to maximize the federal funds available to

support expanded access to such home and community transition and stabilization services;

provided, however, payments shall not exceed an annual or per person amount.

      (i) To ensure persons with long-term care needs who remain living at home have

adequate resources to deal with housing maintenance and unanticipated housing related costs, the

secretary is authorized to develop higher resource eligibility limits for persons or obtain any state

plan or waiver authorities necessary to change the financial eligibility criteria for long-term

services and supports to enable beneficiaries receiving home and community waiver services to

have the resources to continue living in their own homes or rental units or other home-based

settings.

      (j) The executive office shall implement, no later than January 1, 2016, the following

home and community-based service and payment reforms:

      (1) Community-based supportive living program established in §40-8.13-2.1 § 40-8.13-

12;

      (2) Adult day services level of need criteria and acuity-based, tiered payment

methodology; and

      (3) Payment reforms that encourage home and community-based providers to provide

the specialized services and accommodations beneficiaries need to avoid or delay institutional

care.

      (k) The secretary is authorized to seek any Medicaid section 1115 waiver or state plan

amendments and take any administrative actions necessary to ensure timely adoption of any new

or amended rules, regulations, policies, or procedures and any system enhancements or changes,

for which appropriations have been authorized, that are necessary to facilitate implementation of

the requirements of this section by the dates established. The secretary shall reserve the discretion

to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with

the governor, to meet the legislative directives established herein.

     SECTION 14. Section 44-3-16.2 of the General Laws in Chapter 44-3 entitled "Property

Subject to Taxation" is hereby amended to read as follows:

     44-3-16.2. North Smithfield -- Tax stabilization for certain persons age sixty-five

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(65) and over. -- (a) Definitions:

      (1) "Qualified senior" for the purpose of this section means any person who shall satisfy

the criteria in subsection (A)(i) or (ii) or (iii); and all of the criteria of subsections (B) -- (J)

inclusive:

      (A) (i) Who is age sixty-five (65) or more if single or widowed;

      (ii) Who, if married, at least one taxpayer who has attained age sixty-five (65) as long as

the taxpayers' spouse is at least fifty (50) years of age;

      (iii) Who, if widowed, over age fifty (50) whose spouse was at least age sixty-five (65)

prior to death and either spouse was a participant under this ordinance prior to death;

      (B) Whose home is a single-family home (condominium ownership not eligible);

      (C) Whose North Smithfield home is the taxpayer's principal residence and that of the

spouse (if living);

      (D) Who is a resident of the State of Rhode Island for income tax purposes, as is the

spouse (if living);

      (E) Who is not a registered voter of any other city, town, or political subdivision of

Rhode Island or any other state, nor is the spouse (if living);

      (F) Who has resided in the principal residence for the past seven (7) years, as has the

spouse (if living);

      (G) Whose real estate tax previously billed is not delinquent by more than four (4)

quarters;

      (H) Who would otherwise qualify but has been forced to relocate residence through no

fault of the taxpayer (e.g., in cases of fire, natural disaster, or taking of property by eminent

domain by a state or local government);

      (I) Whose real estate tax bill is more than five percent (5%) of the total income of the

taxpayer, or, if living, of both spouses. "Total income" means the total of adjusted-gross income

per US individual income tax return, Form 1040, 1040-A (or the like), plus non-taxable income

such as non-taxed social security benefits, welfare benefits, child support receipts, municipal

bond interest receipts, and other non-taxable items of income;

      (J) Who completes the application process and who attests that the individual meets, or,

if living, both spouses meet, all of the qualifications as outlined above.

      (2) "Deferred Yearly Tax" for the purpose of this section means the amounts otherwise

due for the assessment date of the year in which the taxpayer turned age sixty-four (64), or the

year of the date of first application to the program whichever is later in time, and the tax assessed

the following July.

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      (3) "Deferred Amount" for the purpose of this section means as the difference between

the yearly tax and the amount of tax that would otherwise be due and payable if the applicant did

not qualify under this program.

      (4) "Disqualifying Event" for the purpose of this section means to include any and all of

the following:

      (A) Sale of the property;

      (B) Transfer of the property to a family member without life tenancy;

      (C) The point in time when the property ceases to be the taxpayer's principle residence;

      (D) Written request by the applicant to be removed from the program; or

      (E) Any property whose square footage living space is increased since application and

acceptance under this ordinance.

      (b) Deferral of tax:

      (1) The town council of the town of North Smithfield may, by ordinance, establish a

deferral of taxes on the principal residence of a qualified senior located in the town of North

Smithfield.

      (2) Upon proper application, approved by the administrator or his/her designee, the

assessment and tax will be deferred. The deferred amount will be deferred, without the

accumulation of interest, until the occurrence of a disqualifying event.

      (3) A deferral under this ordinance shall not be disallowed if the owner applicant has

only a life estate in the property or if the property is in the name of a parent or one or more

children or in a trust for the benefit of the otherwise qualified resident and the owners submit an

affidavit that the qualified resident is the principle principal owner or present beneficiary and

title is held in that manner for estate planning purposes only.

      (4) A deferral is not allowed for any improvement for outbuildings such as garages or

storage sheds, attached or not, to the principle principal residence once application and

acceptance into the tax freeze program occurs.

      (c) Application Process:

      (1) The taxpayer shall initially apply for eligibility in the tax stabilization program

between the dates of January 1 and March 31, for taxes assessed the following July of that year.

After initial approval, the taxpayer must sign each year thereafter a statement attesting to the fact

that the taxpayer and the spouse continue to qualify under the ordinance provisions.

      (2) Participation is optional at the taxpayer's option.

      (3) Failure to file subsequent statements of eligibility; or the occurrence of a

disqualifying event of a temporary nature; or the elimination of a disqualifying event that no

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longer applies, shall require re-entry into the program and full reapplication and recertification,

and shall nullify the freeze and any deferral for the tax year in which the disqualifying event

occurred, and past deferred amounts shall be due under subsection (e). In such case, the frozen

yearly tax shall be calculated as of the year of re-entry into the program.

      (d) Recording of deferral; Lien:

      (1) All properties subject to the deferral program will have the deferral noted on the deed

and the deferral will be registered and recorded with the North Smithfield town clerk. Normal

recording fees will apply.

      (2) All taxes deferred shall constitute a lien on the real estate for which the deferment

was granted until paid in accordance with the provisions ordinance.

      (e) Payment of deferral:

      (1) All deferrals must be paid in full within six (6) months of a disqualifying event in the

case of a death of the legal owner of the property, at closing and conveyance in the event of a sale

and within three (3) months of any other disqualifying event.

      (2) Failure to report the disqualifying event, and/or to pay the deferral tax when due, will

carry a maximum penalty of one hundred dollars ($100) per month, or portion thereof, and

applicable interest on the currently assessed tax without regard to the freeze provisions contained

herein. Interest will be assessed and due in the same manner as other past due tax receivables and

will apply to all amounts previously deferred as well as current amounts due.

      (f) Appeal: - Appeals of all decisions as to the application, administration, eligibility or

other matter relating to this ordinance shall be made in writing to the North Smithfield town

council.

      (g) Severability: - If any provision of this chapter or the application thereof to any person

or circumstances is held invalid, such invalidity shall not affect other provisions or applications of

the chapter, which can be given effect without the invalid provision or application, and to this end

the provisions of this chapter are declared to be severable.

     SECTION 15. Section 45-24-60 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

     45-24-60. Administration -- Violations. -- (a) A zoning ordinance adopted pursuant to

this chapter provides shall provide for a penalty for any violation of the zoning ordinance, or for

a violation of any terms or conditions of any action imposed by the zoning board of review or of

any other agency or officer charged in the ordinance with enforcement of any of its provisions.

The penalty for the violation must reasonably relate to the seriousness of the offense, and not

exceed five hundred dollars ($500) for each violation, and each day of the existence of any

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violation is deemed to be a separate offense. Any fine inures shall inure to the city or town.

      (b) The city or town may also cause suit to be brought in the supreme or superior court,

or any municipal court, including a municipal housing court having jurisdiction, in the name of

the city or town, to restrain the violation of, or to compel compliance with, the provisions of its

zoning ordinance. A city or town may consolidate an action for injunctive relief and/or fines

under the ordinance in the superior court of the county in which the subject property is located.

ARTICLE II--STATUTORY REENACTMENT

     SECTION 16. Sections 29-1-2, 29-1-10, and 29-1-15 of the General Laws in Chapter 29-

1 entitled "State Library" are hereby amended to read as follows:

     29-1-2 Care of library – Preservation of books and documents. – Preservation of

books and documents. – The secretary of state shall have the care and custody of the state library,

except the law library, and shall receive and preserve all books and documents which that may

be sent to, or purchased for, the library.

     29-1-10 Legislative reference bureau – Functions. – There shall be in the state library,

under the direction of the state librarian, a legislative reference bureau which that shall collect,

arrange, and place on file books, pamphlets, and other material relating to legislation,; which that

shall prepare abstracts of laws in other states,; and which that shall present such other

information as may be useful and necessary to the general assembly in the performance of its

legislative duties.

     29-1-15 Cooperation with federal officials. – The secretary of state is hereby

empowered to cooperate with the secretary of education Secretary of Education of the United

States of America or any United States officer in carrying out the purposes of any and all acts of

congress Congress for the benefit of those library services, including archives and records which

that are under his or her jurisdiction.

     SECTION 17. Sections 29-3.1-2.2 and 29-3.1-7 of the General Laws in Chapter 29-3.1

entitled "Office of State Library and Information Services" are hereby amended to read as

follows:

     29-3.1-2.2 Library board of Rhode Island established. – (a) There is hereby created

the library board of Rhode Island, sometimes hereinafter referred to as the "library board". The

library board shall be protected from sudden changes in membership and reversal of policy by

having staggered terms for its public members, and is hereby made successor to all powers,

rights, duties, and privileges pertaining to public library services and interlibrary cooperation and

resource sharing.

      (b) The library board shall consist of fifteen (15) members appointed by the governor,

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with the advice and consent of the senate, five (5) of whom shall be representative of general

library users. The remainder of the governor's appointments shall be representative of the

following:

      (i)(1) Users of the talking books plus, [the] economically disadvantaged, and corporate

or special librarians; school library media specialists;

      (ii)(2) Librarians serving people who are institutionalized;

      (iii)(3) Public library trustees and statewide library advocacy group; and

      (iv)(4) Librarians from small public libraries, librarians from large or medium public

libraries, and academic librarians.

      (c) The commissioner for elementary and secondary education, or a designee, and the

commissioner for higher education, or a designee, shall serve as nonvoting ex officio members.

The governor shall appoint from the library board's public members a chairperson. The board

may elect from among its members such other officers as it deems necessary.

      (d) Board members shall receive no compensation for their services but shall be allowed

travel expenses related to attendance at board meetings.

      (e) No person shall be eligible for appointment to the board unless he or she is a resident

of this state.

      (f) Members of the board shall be removable by the governor pursuant to the provisions

of § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to

capacity or fitness for the office shall be unlawful.

     29-3.1-7 Duties of chief of library services. – The chief of library services officer shall

be the executive and administrative officer in charge of the office of library and information

services. The position of chief information officer shall be in the unclassified service of the

state. The chief of library services shall serve as the chief executive officer of the library board.

The chief of library services shall also carry out the duties required by this chapter and by

chapters 5 and 6 of this title. In addition to the general supervision of the office of library and

information services and the appointment of the several officers and employees of the office, it

shall be the duty of the chief of library services:

      (1) To develop a systematic program of information gathering, processing, and analysis

addressed to every aspect of public library development and interlibrary cooperation and resource

sharing in this state, especially as that information relates to current and future library and

information service needs, so that current needs may be met with reasonable promptness and

plans formulated to meet future needs as they arise in the most efficient and economical manner

possible;

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      (2) To develop a master plan defining board goals and objectives for public library

development and interlibrary cooperation and resource sharing in the state. These goals and

objectives shall be expressed in terms of the library and information services to which individuals

will have access;

      (3) To communicate with and seek the advice of those concerned with and affected by

the library board's determinations;

      (4) To develop and implement board policy as it pertains to the goals and objectives

approved by the library board from time to time;

      (5) To enforce standards and to exercise general supervision over interlibrary

cooperation and resource sharing in the state;

      (6) To develop annually the program for the use of federal funds that is submitted to the

United States institute of museum and library services; Institute of Museum and Library

Services;

      (7) To supervise the operation of the office of library and information services as

defined elsewhere in this title and such other additional duties and responsibilities as may be

assigned by the library board from time to time; and

      (8) To supervise the following functions:

      (i) To distribute state funds for public library development and interlibrary cooperation

and resource sharing in accordance with law and regulations of the library board;

      (ii) To develop standards and regulations for public library development and interlibrary

cooperation and resource sharing;

      (iii) To certify that public library standards and services are in accordance with law and

regulations of the library board;

      (iv) To require the observance of all laws relating to public library services and

interlibrary cooperation and resource sharing;

      (v) To interpret library law;

      (vi) To give assistance, advice, and counsel to public libraries and to participants in

interlibrary cooperation and resource sharing activities;

      (vii) To require that information and statistics necessary to do the work of the office of

library and information services be collected, to publish findings and reports thereon;

      (viii) To provide eligible persons who are impaired, blind, reading impaired and/or

physically impaired with library services through the talking books plus, in cooperation with the

library of congress national library service for the blind and physically handicapped;

Library of Congress National Library Service for the Blind and Physically Handicapped;

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      (ix) To cooperate with the commissioner of elementary and secondary education in

supporting and encouraging effective school library media services and their integration into

statewide library networking activities;

      (x) To cooperate with the state librarian and the state law librarian in strengthening

services to library users;

      (xi) To cooperate with the commissioner of higher education in supporting and

encouraging effective library services through the state system of higher education; and

      (xii) To coordinate with all other state departments and agencies in the provision of

library services to state government and to the public.

     SECTION 18. Section 29-4-8 of the General Laws in Chapter 29-4 entitled "Free Public

Libraries" is hereby amended to read as follows:

     29-4-8 Acceptance of gifts by trustees. – In case of any bequest, legacy, or gift to, or in

favor of, a public library, the trustees thereof are hereby authorized and empowered to accept the

bequest, legacy, or gift in on behalf of, and for the use of, the library, and their receipt shall be a

full and sufficient discharge and release to any executor, administrator, or other person authorized

to make the payment thereof.

     SECTION 19. Sections 29-5-2, 29-5-3, 29-5-4, 29-5-5, and 29-5-6 of the General Laws

in Chapter 29-5 entitled "Interstate Library Compact" are hereby amended to read as follows:

     29-5-2 Compliance with local laws. – No city, town, or library district of this state,

hereinafter to be created, shall be party to a library agreement which that provides for the

construction or maintenance of a library pursuant to article III(c)7 of § 29-5-1, nor pledge its

credit in support of that library, or contribute to the capital financing thereof, except after

compliance with any laws applicable to the cities, towns, or library districts hereinafter to be

created relating to or governing capital outlays and the pledging of credit.

     29-5-3 "State library agency" defined. – As used in § 29-5-1, "state library agency",

with reference to this state, means the director chief of the department of state library services

or his or her designated agent

     29-5-4 Appropriations. – An interstate library district lying partly within this state may

claim and be entitled to receive state aid in support of any of its functions to the same extent and

in the same manner as these functions are eligible for support when carried on by entities wholly

within this state. For the purposes of computing and apportioning state aid to interstate library

districts hereinafter to be created, this state will consider that portion of the area which that lies

within this state as an independent entity for the performance of the aided function or functions

and compute and apportion the aid accordingly. Subject to any applicable laws of this state, the

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district also may apply for and be entitled to receive any federal aid for which it may be eligible.

     29-5-5 Compact administrator. – The director chief of the department of state library

services shall be the compact administrator pursuant to article X of § 29-5-1.

     29-5-6 Notices of withdrawal. – In the event of withdrawal from the compact, the

director chief of the department of state library services shall send and receive any notices

required by article XI(b) of § 29-5-1.

     SECTION 20. Sections 29-6-3 and 29-6-9 of the General Laws in Chapter 29-6 entitled

"State Aid to Libraries" are hereby amended to read as follows:

     29-6-3 Eligibility requirements – Municipalities. – (a) To qualify for state aid under §

29-6-2, a city or town shall:

      (1) Appropriate from local tax revenues an amount not less than the amount

appropriated the previous year from local tax revenues and expended for library operating

expenses, except in the fiscal years ending June 30, 2009 and June 30, 2010, during which the

amount appropriated from local tax revenues is not less than eighty percent (80%) of the amount

appropriated from the previous year from local tax revenues and expended for library operating

systems. The appropriation would exclude any state funds received for public library services.

Any funds received from the state shall not be used to supplant funds from local tax revenues;

      (2) In the case of a city or town having more than one free public library therein, submit,

or cause to be submitted, to the office of library and information services, a plan for the allotment

or division of the proposed state aid among the free public libraries in the city or town. The plan

shall be developed by agreement among the free public libraries of the city or town;

      (3) Submit, or cause to be submitted, to the office of library and information services,

evidence that free public libraries in the city or town meet standards of service as set forth in

regulations to be made by the chief of library services pursuant to the provisions of chapter 3.1 of

this title or that the regulations are inappropriate for that library;

      (4) Submit, or cause to be submitted, a plan describing how the public library or

libraries plan to address one or more of the priorities established by the office of library and

information services.

      (b) The chief of library services upon application and for cause shown may authorize an

annual grant-in-aid under § 29-6-2, or a portion thereof, to a city or town not fully meeting the

requirements set forth in paragraphs subdivisions (1) – (3) of this subsection.

      (c) Decisions as to the eligibility of cities and towns for grants-in-aid under this chapter,

and the amounts of the grants-in-aid, shall be made by the chief of library services.

      (d) The chief of library services shall require a preservation plan from any public library

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which receives an appropriation from the state of Rhode Island which that states the preservation

needs and objectives of the library for the coming fiscal year. The plan shall include, but not be

limited to: condition of materials, assessment of building and environmental controls, and

preservation measures to be taken.

      (e) The chief of library services shall require a disaster preparedness plan from any

public library which that receives an appropriation from the state of Rhode Island which that

states the plan of action to be taken in the event of a natural or human made disaster. The plan

shall be in accordance with a suggested plan published by the office. The plan shall be submitted

no later than January 1, 1993 and shall be updated yearly.

     29-6-9 Rhode Island library network. – (a) In order to provide each individual in

Rhode Island with equal opportunity of access to resources that will satisfy their and society's

information needs and interests, the office of library and information services is hereby

authorized to establish a Rhode Island Library network, hereafter referred to as the library of

Rhode Island network (LORI), to be administered by the office of library and information

services for the purpose of maintaining, promoting, and developing a program of statewide

resource sharing and interlibrary cooperation. The office of library and information services shall

include, as part of its budget, a budget for the administration and operation of the Rhode Island

library network to:

      (1) Provide central support services for the library of Rhode Island, such as delivery of

materials, telecommunications, consultant services, resource sharing, and access to bibliographic

and other information sources;

      (2) Reimburse libraries for the actual cost of providing services to individuals outside

the library's primary clientele; and

      (3) Support the development, maintenance of, and access to the resource sharing

potential embodied in specialized collections and services at the Providence public library and

other libraries which that can be provided most cost-effectively cost effectively on a statewide

basis.

      (b) By fiscal year 2000, the state shall provide, from state and federal revenue sources,

one hundred percent (100%) of the funding for the following statewide library services:

      (1) Reference resource center located in a public library to be chosen biennially by the

Office of Library Information Services office of library and information services from

responses to a request for proposals issued by the office of library and informational services;

      (2) Interlibrary delivery system;

      (3) Interlibrary telecommunications system;

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      (4) Electronic interlibrary loan system; and

      (5) Statewide catalog of all library holdings.

      (6) [Deleted by P.L. 1996, ch. 100, art. 29, § 1.]

      (c) Notwithstanding the provisions of subsection (b), the funding for the statewide

library catalog and the statewide access to databases shall be subject to appropriation by the

general assembly. The duty imposed upon the office of state library and information services to

create and maintain a statewide library catalog and provide statewide access to databases shall be

subject to appropriation by the general assembly.

     SECTION 21. Sections 29-7-1 and 29-7-2 of the General Laws in Chapter 29-7 entitled

"State Publications Clearinghouse" are hereby amended to read as follows:

     29-7-1 Purpose. – The purpose of this chapter is to establish a state publications

clearinghouse for libraries which that will systematically collect and distribute state publications

to libraries throughout the state in order to facilitate public access to publications issued by state

agencies and for exchange of publications with agencies outside of the state under the direction of

the state librarian as provided in § 29-1-5.

     29-7-2 Definitions. – As used in this chapter:

      (1) "Depository library" means a library designated to collect, maintain, and make

available state publications to the general public. The clearinghouse director shall consider the

geography of the state when designating depository libraries;

      (2) "Printed" means any form of printing and duplicating, regardless of format, with the

exception of correspondence, and interoffice and intraoffice memoranda;

      (3) "State agency" means any state office, whether legislative, executive, or judicial,

including, but not limited to, any constitutional officer, department, division, bureau, board,

commission, and/or any other agency which that expends state appropriated funds; and

      (4) "State publication" means any publication, regardless of physical form or

characteristics produced, made available electronically, printed, purchased, or authorized for

distribution by a state agency, except those determined by the issuing agency to be required for

official use only for administrative or operational purposes.

     SECTION 22. Sections 30-3-17 and 30-3-22 of the General Laws in Chapter 30-3

entitled "National Guard" are hereby amended to read as follows:

     30-3-17 Uniforms and equipment of officers. -- Every commissioned officer and every

warrant officer of the national guard shall provide himself or herself with the arms, uniforms,

and equipment prescribed and approved by the governor.

     30-3-22 Physical fitness boards. -- The physical fitness for service of commissioned

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officers or warrant officers of the national guard shall be determined, by a board of five (5)

medical persons, which who shall be appointed by the governor for that purpose. Two (2) of the

medical persons shall be selected by the governor, and two (2) shall be selected by the officer

under examination. The four (4) medical persons shall select a fifth medical person. The officer

shall submit his or her selections to the governor within ten (10) days of receipt of notice that he

or she is to be examined for physical fitness. Failure of the officer to submit his or her selections

to the governor within the prescribed period of time shall be deemed to have been a waiver of his

or her rights and the governor shall select the remaining members of the examining board. The

findings and recommendations of the board shall be transmitted to the governor. If the officer is

found to be physically unfit for service by a majority vote of the examining board, and the finding

is approved by the governor, the officer shall be discharged from the national guard, subject to the

provisions of § 30-3-39.

     SECTION 23. Sections 30-4-1, 30-4-3, and 30-4-4 of the General Laws in Chapter 30-4

entitled "Independent Military Organizations" are hereby amended to read as follows:

     30-4-1 Constitution -- Age limits -- Enlistment papers. -- The independent chartered

military organizations shall be constituted as provided, respectively, in their charters, or any

amendments thereof. The members of these organizations shall be subject to no age limit other

than prescribed respectively by their charters or rules made thereunder, and each active member

shall be enlisted for a term of at least three (3) years. A copy of the enlistment papers shall be

forwarded to the adjutant general, and shall be kept on file in his or her office. The adjutant

general shall prepare a roll of all active, independent chartered military organizations which that

shall be kept on file in his or her office.

     30-4-3 Allowances for maintenance of armories. -- The general assembly shall

annually appropriate such a sum as it may deem necessary for the purpose of heating, lighting,

and repairing the armories of the independent chartered military organizations of the state, which

sum shall be apportioned as follows:

      (1) For the artillery company in the town of Newport, twenty-five hundred dollars

($2,500);

      (2) For the Kentish guards, twenty-five hundred dollars ($2,500);

      (3) For the train of artillery in the town and county of Bristol, twenty-five hundred

dollars ($2,500);

      (4) For the naval militia battalion in their armory afloat, the U.S.S. Providence, two

thousand five hundred dollars ($2,500);

      (5) For the Glocester light infantry in the town of Glocester, twenty-five hundred dollars

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($2,500); and

      (6) For the Pawtuxet rangers in the city of Cranston, twenty-five hundred dollars

($2,500); and

      (7) For the Varnum Continentals in the town of East Greenwich, twenty-five hundred

dollars ($2,500); and

      (8) For the Federal Blues in the town of Warren, twenty-five hundred dollars ($2,500).

     30-4-4 Allowance for armorer's expenses. -- Each independent chartered military

organization of the state which that has been entered on the approved active roll of the state

adjutant general may also receive annually the sum of five hundred dollars ($500) for armorer's

expenses, to be paid in January of each year. The adjutant general shall not allow this sum of five

hundred dollars ($500) to be paid unless the functions of the armorer have been properly

performed.

     SECTION 24. Section 30-5-3 of the General Laws in Chapter 30-5 entitled "Unorganized

Militia" is hereby amended to read as follows:

     30-5-3 Failure to answer call to duty. -- Every member of the unorganized militia

called out, or who volunteers or is drafted under the provisions of chapters 1 -- 14 of this title,

who, after being duly notified in accordance with the provisions hereof, does not appear at the

time and place designated by his or her commanding officer, the mayor, or president of the town

council, or who does not produce, from a physician in good standing, a sworn certificate of

physical disability so to appear, shall be guilty of a misdemeanor.

     SECTION 25. Section 30-6-2 of the General Laws in Chapter 30-6 entitled "Pay and

Allowances" is hereby amended to read as follows:

     30-6-2 Pay of officers on active duty. -- Every commissioned officer or warrant officer

of the national guard, ordered to duty by the governor or under his or her authority, or detailed by

the governor or under his or her authority to serve on or with any military board, court of inquiry,

or court martial, shall receive for every day actually on duty the same pay and allowances that a

federally recognized national guard commissioned officer or warrant officer, of the same grade

and length of service, would receive or be entitled to when participating, in a federal pay status, in

encampments or maneuvers prescribed or authorized under the laws of the United States and the

regulations issued thereunder; provided, however, that no officer or warrant officer shall receive

less than the minimum federal hourly wage rate then prevailing on the day of duty for hours

served on duty, up to a maximum of twelve (12) hours of duty, regardless of the extra hours

served.

     SECTION 26. Section 30-7-4 of the General Laws in Chapter 30-7 entitled "Privileges

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and Immunities of Militiamen" is hereby amended to read as follows:

     30-7-4 Defense of actions. -- When an action or proceeding of any nature is commenced

in any court against any member of the militia for an act done by the member in his or her

official capacity in the discharge of his or her duty, or for an alleged omission by the member to

do an act which that it was his or her duty to perform, or against any officer or enlisted person

acting under proper authority or by virtue of a warrant issued to that person pursuant to law, the

defendant in that action or proceeding may require the person instituting or prosecuting the action

to file security in an amount to be fixed by the court for the payment of costs that may be awarded

to the defendant therein. The defendant in all cases may make a general denial and give the

special matter in evidence. A defendant in whose favor a nonsuit or a final judgment is rendered

in any such action or proceeding shall recover treble costs. The governor shall appoint special

counsel, to defend the action or proceeding, at the expense of the state.

     SECTION 27. Sections 30-8-7 and 30-8-9 of the General Laws in Chapter 30-8 entitled

"Decorations" are hereby amended to read as follows:

     30-8-7 Rules, regulations, and orders. -- The adjutant general shall make from time to

time, rules, regulations, and orders, not inconsistent herewith, which that he or she deems

necessary to carry into effect the provisions of this chapter,; to establish awards not inconsistent

with this chapter,; and to establish the eligibility of persons to receive and the method of award of

the decorations provided for under this chapter.

     30-8-9 Rhode Island defense service medal. -- (a) Members of the national guard

ordered, called, or drafted to active duty under the constitution and laws of the United States

during the operation desert shield/desert storm Operation Desert Shield/Desert Storm call-up

and all members of the National Guard who were part of the selected Reserve in good standing

between August 2, 1990, through November 30, 1995; and from September 11, 2001, to a date to

be determined or federal call-ups subsequent thereto, or those serving on full-time national guard

training duty during the federal call-up, may be awarded the Rhode Island defense service medal.

No more than one Rhode Island defense service medal shall be awarded to any person, but for

each succeeding service, a bronze oak-leaf cluster shall be awarded in lieu thereof.

      (b) The adjutant general shall follow the provisions of §§ 30-8-6 and 30-8-7 with

reference to the design and procurement of the medal and the rules, regulations, and orders with

reference thereto.

     SECTION 28. Section 30-10-6 of the General Laws in Chapter 30-10 entitled "Armories

and Campgrounds" is hereby amended to read as follows:

     30-10-6 Rental of armories for nonmilitary purposes. -- The adjutant general may

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authorize the use of any armory under his or her control, for nonmilitary purposes, subject to such

rules and conditions as he or she may prescribe, which that are lawful and approved, provided

that the person, corporation, organization, or society to whom the use may be authorized shall pay

in advance to the adjutant general such a sum for the use thereof as may be prescribed by the

adjutant general. This sum shall in no case, where admission is charged, be less than the fair

rental value of halls of a similar nature, in the same or a similar city or town. These persons,

corporations, organizations, or societies shall, if required by the adjutant general, furnish a bond,

with good and sufficient surety, to protect and indemnify the state from loss or damage to the

armory, or to any federal or state property, or to the property of any military organization or

members thereof, contained therein.

     SECTION 29. Section 30-11-8 of the General Laws in Chapter 30-11 entitled "Criminal

Offenses" is hereby amended to read as follows:

     30-11-8 Reservists' right to other advantages of employment -- Civil remedies. -- A

reservist's absence for military training will in no wise way affect the employee's right to receive

normal vacation, sick leave, bonus, advancement, and other advantages of his or her employment

normally to be anticipated in his or her particular position. In the event of the failure of any

employer to comply with the foregoing, the employee may, at his or her election, bring an action

at law for damages for this noncompliance, or apply to the superior court for such equitable relief

as may be just and proper under the circumstances, and this action shall take precedence on the

court calendar.

     SECTION 30. Section 30-12-3 of the General Laws in Chapter 30-12 entitled "General

Offenses" is hereby amended to read as follows:

     30-12-3 Pursuit into this state by forces of another state. -- Any military force or

organization, or unit, or detachment thereof of another state who that is in fresh pursuit of

insurrectionists, saboteurs, enemies, or enemy forces may continue that pursuit into this state until

the military or police forces of this state, or the forces of the United States, have had a reasonable

opportunity to take up the pursuit or to apprehend or capture these persons, and is hereby

authorized to arrest or capture these persons within this state while in fresh pursuit. Any of the

above described persons who shall be captured or arrested by the military forces of another state

while in this state shall, without unnecessary delay, be surrendered to the military or police forces

of this state to be dealt with according to law. This section shall not be construed so as to make

unlawful any arrest in this state which would otherwise be lawful.

     SECTION 31. Sections 30-13-23, 30-13-34, 30-13-41, 30-13-65, 30-13-66, 30-13-71, 30-

13-72, 30-13-74, 30-13-77, 30-13-87, 30-13-90, 30-13-92, 30-13-99, 30-13-100, 30-13-101, 30-

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13-103, 30-13-107, 30-13-108, 30-13-109, 30-13-111, 30-13-116, 30-13-117, 30-13-118, 30-13-

121, 30-13-125, 30-13-126, 30-13-127, 30-13-128, 30-13-131, and 30-13-133 of the General

Laws in Chapter 30-13 entitled "Rhode Island Code of Military Justice" are hereby amended to

read as follows:

     30-13-23 Confinement in default of payment of fine. -- All courts-martial shall have

power to sentence, in the alternative, to confinement in default of payment of a fine imposed by

the court; in court. In these cases, the court shall fix a reasonable time within which the fine

shall be paid; provided, however, that the sentence of confinement shall not exceed one day for

each five dollars ($5.00) of fine imposed.

     30-13-34 Investigation. -- (a) No charge or specification may be referred to a general

court-martial for trial until a thorough and impartial investigation of all the matters set forth

therein has been made. This investigation shall include inquiry as to the truth of the matter set

forth in the charges, consideration of the form of charges, and a recommendation as to the

disposition which that should be made of the case in the interest of justice and discipline.

      (b) The accused shall be advised of the charges against him or her and of his or her right

to be represented at that investigation by counsel. Upon the accused's own request, he or she shall

be represented by civilian counsel if provided by him or her,; or military counsel of his or her

own selection if military counsel is reasonably available,; or by counsel detailed by the officer

exercising general court-martial jurisdiction over the command. At that investigation, full

opportunity shall be given to the accused to cross-examine witnesses against him or her if they

are available, and to present anything he or she may desire in his or her own behalf, either in

defense or mitigation, and the investigating officer shall examine witnesses requested by the

accused. If the charges are forwarded after the investigation, they shall be accompanied by a

statement of the substance of the testimony taken on both sides and a copy thereof shall be given

to the accused.

      (c) If an investigation of the subject matter of an offense has been conducted before the

accused is charged with the offense, and if the accused was present at the investigation and

afforded the opportunities for representation, cross-examinations, and presentation prescribed in

subsection (b) of this section, no further investigation of that charge is necessary under this

section unless it is demanded by the accused after he or she is informed of the charge. A demand

for further investigation entitles the accused to recall witnesses for further cross-examination and

to offer any new evidence in his or her own behalf.

      (d) The requirements of this section are binding on all persons administering this code,

but failure to follow them does not divest a military court of jurisdiction.

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     30-13-41 Duties of trial counsel and defense counsel. -- (a) The trial counsel of a

general or special court-martial shall prosecute in the name of the state, and shall, under the

direction of the court, prepare the record of the proceedings.

      (b) The accused has the right to be represented in his or her defense before a general or

special court-martial by civilian counsel if provided by the accused, or by military counsel of his

or her own selection if reasonably available, or by the defense counsel detailed under § 30-13-29.

Should the accused have counsel of his or her own selection, the defense counsel, and assistant

defense counsel, if any, who were detailed, shall, if the accused so desires, act as his or her

associate counsel; otherwise they shall be excused by the president of the court.

      (c) In every court-martial proceeding, the defense counsel may, in the event of

conviction, forward for attachment to the record of proceedings a brief of those matters counsel

feels should be considered in behalf of the accused on review, including any objection to the

contents of the record which that he or she considers appropriate.

      (d) An assistant trial counsel of a general court-martial may, under the direction of the

trial counsel or when he or she is qualified to be a trial counsel as required by § 30-13-29,

perform any duty imposed by law, regulation, or the custom of the service, upon the trial counsel

of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial

counsel.

      (e) An assistant defense counsel of a general or special court-martial may, under the

direction of the defense counsel or when he or she is qualified to be the defense counsel as

required by § 30-13-29, perform any duty imposed by law, regulation, or the custom of the

service, upon counsel for the accused.

     30-13-65 Reconsideration and revision of record. -- (a) If a specification before a

court-martial has been dismissed on motion and the ruling does not amount to a finding of not

guilty, the convening authority may return the record to the court for reconsideration of the ruling

and any further appropriate action.

      (b) Where there is an apparent error or omission in the record or where the record shows

improper or inconsistent action by a court-martial with respect to a finding or sentence which

that can be rectified without material prejudice to the substantial rights of the accused, the

convening authority may return the record to the court for appropriate action. In no case,

however, may the record be returned:

      (1) For reconsideration of a finding of not guilty, or a ruling which that amounts to a

finding of not guilty;

      (2) For reconsideration of a finding of not guilty of any charge, unless the record shows a

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finding of guilty under a specification laid under that charge, which sufficiently alleges a

violation of some section of this code; or

      (3) For increasing the severity of the sentence unless the sentence prescribed for the

offense is mandatory.

     30-13-66 Rehearings. -- (a) If the convening authority disapproves the findings and

sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the

record to support the findings, order a rehearing. In that case, the convening authority shall state

the reasons for disapproval. If the convening authority disapproves the findings and sentence and

does not order a rehearing, he or she shall dismiss the charges.

      (b) Each rehearing shall take place before a court-martial composed of members not

members of the court-martial which that first heard the case. Upon a rehearing, the accused may

not be tried for any offense of which he or she was found not guilty by the first court-martial, and

no sentence in excess of, or more severe than, the original sentence may be imposed, unless the

sentence is based upon a finding of guilty of an offense not considered upon the merits in the

original proceedings, or unless the sentence prescribed for the offense is mandatory.

     30-13-71 Vacation of suspension. -- (a) Before the vacation of the suspension of a

special court-martial sentence which that, as approved, includes a bad-conduct discharge, or of

any general court-martial sentence, the officer having special court-martial jurisdiction over the

probationer shall hold a hearing on the alleged violation of probation. The probationer shall be

represented at the hearing by counsel if he or she so desires.

      (b) The record of the hearing and the recommendation of the officer having special

court-martial jurisdiction shall be sent for action to the governor in cases involving a general

court-martial sentence and to the commanding officer of the force of the state military forces of

which the probationer is a member in all other cases covered by subsection (a) of this section. If

the governor or commanding officer vacates the suspension, any unexecuted part of the sentence,

except a dismissal, shall be executed.

      (c) The suspension of any other sentence may be vacated by any authority competent to

convene, for the command in which the accused is serving or assigned, a court of the kind that

imposed the sentence.

     30-13-72 Petition for new trial. -- At any time within two (2) years after approval by the

convening authority of a court-martial sentence which that extends to dismissal, or dishonorable

or bad-conduct discharge, the accused may petition the governor for a new trial on the grounds of

newly discovered evidence or fraud on the court-martial.

     30-13-74 Restoration following sentence set aside. -- (a) Under such regulations as the

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governor may prescribe, all rights, privileges, and property affected by an executed part of a

court-martial sentence which that has been set aside or disapproved, except an executed

dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the

executed part is included in a sentence imposed upon a new trial or rehearing.

      (b) If a previously executed sentence of dishonorable or bad-conduct discharge is not

imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for

administrative issuance unless the accused is to serve out the remainder of his or her enlistment.

      (c) If a previously executed sentence of dismissal is not imposed on a new trial, the

governor shall substitute therefor a form of discharge authorized for administrative issue, and the

commissioned officer dismissed by that sentence may be reappointed by the governor alone to

such a commissioned grade and with such rank as in the opinion of the governor that former

officer would have attained had he or she not been dismissed. The reappointment of such a

former officer may be made if a position vacancy is available under applicable tables of

organization. All time between the dismissal and reappointment shall be considered as service for

all purposes.

     30-13-77 Principals. -- Any person subject to this code who:

      (1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or

procures its commission; or

      (2) Causes an act to be done which that if directly performed by that person would be

punishable by this code;

      is a principal.

     30-13-92 Failure to obey order or regulation -- Derelict performance. -- Any person

subject to this code who:

      (1) Violates or fails to obey any lawful general order or regulation;

      (2) Having knowledge of any other lawful order issued by a member of the state military

forces which that it is that person's duty to obey, fails to obey the order; or

      (3) Is derelict in the performance of his or her duties;

      shall be punished as a court-martial may direct.

     30-13-99 Misbehavior before the enemy. -- Any person subject to this code who before

or in the presence of the enemy:

      (1) Runs away;

      (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or

military property which that it is his or her duty to defend;

      (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any

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such command, unit, place, or military property which that it is his or her duty to defend;

      (4) Casts away his or her arms or ammunition;

      (5) Is guilty of cowardly conduct;

      (6) Quits his or her place of duty to plunder or pillage;

      (7) Causes false alarms in any command, unit, or place under control of the armed forces

of the United States or the state military forces;

      (8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any

enemy troops, combatants, vessels, aircraft, or any other thing, which that it is his or her duty so