2018 -- S 2796

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LC005369

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO EDUCATION

     Introduced By: Senators P Fogarty, McCaffrey, Archambault, and Goodwin

     Date Introduced: April 05, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Findings

     The general assembly finds that the education and nurturing of our youth occurs best in a

safe and secure environment, free from the threat of violence from within the school community

and the interference of persons who do not belong on school property.

     That the proliferation of gun violence in schools, across our nation, requires us to take a

more thoughtful approach to finding solutions to providing safe schools and to share the burden

equitably.

     That these instances of extreme violence have a profound emotional and economic effect

on more than just the community in which they occur, but on society as a whole.

     Safe schools require not only structurally sound buildings, but the utilization of modern

security measures combined with the knowledge and experience already present in our

communities.

     By combining enhanced safety and security measures in our schools, with the

employment of persons experienced and trained in law enforcement and threat assessment we can

offer our students not only the safe environment in which they can flourish but the opportunity to

build a trusting relationship with the police.

     That the costs of such programs should not be the responsibility wholly of the people but

should be borne in part by those persons who have already committed crimes of violence with

guns, contributed to the drug problem facing our society, participated in organized corruption or

otherwise wish to avail themselves to the opportunity to gain a fresh start.

     Each city or town shall be entitled to determine how to best integrate the state

requirements for the needs of its community.

     SECTION 2. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

CHAPTER 21.7

SAFE SCHOOL PROGRAM

     16-21.7-1. Safe school program.

     This chapter shall be known and may be cited as the "Safe School Program."

     16-21.7-2. Intent.

     It is the legislative intent of this chapter to establish a systematic approach to providing

safe and secure schools for our children to attend while allowing each community the opportunity

to determine how to best utilize their financial resources in accomplishing those purposes.

     16-21.7-3. School resource officer.

     (a) As used in this chapter "school resource officer" ("SRO") means any person, certified

under the provisions of this chapter, employed to provide ancillary services related to student

safety:

     (1) School resource officers, may be:

     (i) Employed as police officers within the district, and with the approval of the school

department;

     (ii) Employed by the school district with the approval of the chief of police of the

municipality, and whose approval shall not be unduly withheld; or

     (iii) Employed by the school department as a substitute as provided for in § 16-11.5-7.

     (2) School resource officers, not employed as police officers within the district, shall

remain under the direction of the chief of police, the director of public safety, the director of

school security, and/or the chief school resource officer in all matters related to school security

and as determined by their community;

     (3) School resource officers are not substitutes for regularly employed police officers in

the community nor are their responsibilities primarily related to the enforcement of criminal laws

within and around the school building for which they are responsible.

     16-21.7-4. General qualifications of school resource officer.

     No person shall be employed as a school resource officer in any school supported in

whole or in part by public funds unless they shall:

     (1) Submit to a criminal records review as provided for in § 16-2-18.1;

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     (2) Hold a high school diploma or general equivalency diploma;

     (3) Pass the municipal police training academy, the Providence police training academy,

the state police training academy or other substantially similar state, municipal or military law

enforcement training approved by the department of public safety;

     (4) Have five (5) or more years of law enforcement experience;

     (5) Be permitted and regularly qualified to carry a firearm under the provisions of §§11-

47-9 or 11-47-18(b); and

     (6) Complete a training program in compliance with the school resource officer program

standards developed by the department of elementary and secondary education pursuant to § 16-

21.7-5.

     (7) The training program shall not be required of those persons employed as a school

resource officer in a Rhode Island school district prior to July 1, 2018, or those who, in addition

to having passed the requirements as set forth in subsection (3) of this section, hold certification

as a teacher.

     (8) Maintain certification as a school resource officer.

     16-21.7-5. Certification and training.

     (a) The department of elementary and secondary education shall, in conjunction with the

department of public safety, the Rhode Island Police Chiefs' Association and the National

Association of School Resource Officers, coordinate the development of a certificate program

and other related continuing education materials for school resource officers. Such program

standards and materials shall include, but be not limited to, training in:

     (1) School law;

     (2) Community policing;

     (3) Foundations of school-based law enforcement;

     (4) The SRO as a teacher/guest speaker/mentor;

     (5) Diversity;

     (6) Understanding special needs students;

     (7) Social media;

     (8) School safety and emergency operation plans; and

     (9) Threat response – preventing violence in school settings.

     16-21.7-6. Continued professional development of school resource officers.

     (a) As a condition of continued employment, every person employed as a school resource

officer shall participate in ongoing professional development approved by the department of

education.

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     (b) Each school district, institution or police department shall maintain records of its

school resource officers’ completion of continuing education, and relevant coursework.

     16-21.7-7. Minimum staffing requirements.

     (a) Every school district or institution shall, in conjunction with the city or town’s police

department, employ a "chief school resource officer" who shall be responsible for overseeing the

security and safety of all of the schools within the district.

     (b) Every school district or institution, on its own or in conjunction with the city or

town’s police department, shall employ in each school of less than one thousand two hundred

(1200) students a "school resource officer" who shall be responsible for the safety and well-being

of that school. For those schools containing more than one thousand two hundred (1200) students,

two (2) school resource officers shall be employed.

     16-21.7-8. Director of school security.

     A school department may employ, with the approval of the chief of police or the director

of public safety, a certified school resource officer with at least twenty (20) years of law

enforcement experience as the director of school security. A director of school security, hired

under the provisions of this section may also serve as the department’s chief school resource

officer, but shall remain responsible to the direction of the chief of police or director of public

safety in matters related to law enforcement.

     16-21.7-9. Service after retirement.

     (a)(1)The "start teaching after retirement (STAR) program" shall be established by the

department of education in conjunction with the department of public safety and the Rhode Island

Police Chiefs’ Association to provide a method of utilizing already trained and experienced

police officers in post-retirement positions as school resource officers.

     (2) Notwithstanding any general or special law to the contrary, a retired police officer,

certified as a school resource officer, may be employed as a school resource officer in another

community without any forfeiture of, or reduction in, the retirement benefits and allowances the

school resource officer is receiving, or may receive under law as a retiree.

     (b) The department of education shall promulgate those rules and regulations necessary to

attract prospective and retired police officers into positions as school resource officers.

     16-21.7-10. Substitutes.

     (a)(1) Substitutes. With the approval of the local chief of police, the school district or

institution may hire a retired police officer with the appropriate experience to serve as a substitute

school resource officer.

     (2) Any retired police officer who substitutes as a school resource officer for more than

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twenty (20) days during any school year shall be required to become certified as a school resource

officer pursuant to § 16-21.7-5.

     (b) Notwithstanding any general or special law to the contrary, a retired police officer,

certified as a school resource officer, may serve as substitute school resource officer in the same

or other community for a period of no more than one hundred eighty (180) days in any one school

year without any forfeiture of, or reduction in, the retirement benefits and allowances the

substitute school resource officer is receiving, or may receive under law as a retiree.

     (c) The department of education shall promulgate those rules and regulations necessary to

attract prospective and retired police officers into positions as substitute school resource officers

and to establish a consistent wage throughout the state.

     16-21.7-11. Safe schools -- restricted receipt account.

     There is hereby created with the department of education a restricted receipt account to

be known as the safe schools funding account. All receipts collected pursuant to §§ 7-15-4.1, 8-2-

15.1, 12-1.3-3, 16-7-45, 16-21.7-12, and 21-28-5.04 shall be deposited in this account and shall

be used to support the personnel costs, operating costs and capital expenditures necessary to carry

out the provisions of this chapter. All amounts deposited into the safe schools’ restricted receipt

account shall be exempt from the indirect cost recovery provisions of § 35-4-27.

     16-21.7-12. Grants and gifts.

     The department of education, the department of public safety, the office of the attorney

general and the Rhode Island judiciary are empowered to apply for and receive, from any federal,

state, or local agency, private foundation or from any individual, any grants, appropriations, or

gifts for the purpose of supporting law enforcement and safety related activities on school

grounds which shall be deposited as restricted revenues in the safe school fund established

pursuant to § 16-21.7-11. Appropriations shall be utilized in order to carry out the purpose of this

chapter.

     16-21.7-13. Donated work and materials.

     (a) Notwithstanding any general or public law to the contrary, any work, goods, or

material donated to a school district or school for the purpose of making physical and electronic

improvements to school safety measures shall not be subject to the requirements of chapter 2 of

title 37; provided that:

     (1) The school district is not required to accept all work, goods or materials donated

under this section;

     (2) The goods and material are substantially similar to those already used within the

school department;

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     (3) Compliant for use in a public building;

     (4) Approved by the chief of police;

     (5) Readily adapted to the equipment already in use; and

     (6) The donated work is performed:

     (i) By a contractor possessing the proper licensure and insurance; and

     (ii) Paying the appropriate prevailing wage.

     (b) Notwithstanding the provisions of subsection (a)(6)(ii) of this section, nothing shall

prohibit a master, journeyman, apprentice or other qualified worker from willingly donating their

labor towards a school’s safety improvements.

     16-21.7-14. Effect on collective bargaining agreements.

     Nothing contained in this chapter shall infringe upon or otherwise affect the terms and

conditions of employment, nor create a new classification of employee not already bargained for

within a valid collective bargaining agreement.

     16-21.7-15. Local determination.

     Notwithstanding the specific requirements of this chapter or any rule or regulation

promulgated in support of this chapter, each community shall be responsible for determining how

to best utilize its resources to secure its schools and protect the public.

     16-21.7-16. Program costs.

     The cost of the school resource officer program established by this chapter shall be

supported equitably by the state and the municipalities.

     SECTION 3. Section 7-15-4.1 of the General Laws in Chapter 7-15 entitled "Racketeer

Influenced and Corrupt Organizations" is hereby amended to read as follows:

     7-15-4.1. Asset forfeiture fund.

     (a) Title to all property forfeited pursuant to this chapter, except for that property

awarded by the court to the victims of violations of the chapter pursuant to § 7-15-4(c), vest in the

state of Rhode Island. There is established within the general treasury of the state a special fund

to be known as the asset forfeiture fund in which shall be deposited all proceeds of any

forfeitures. Where the forfeited property is a vessel, vehicle, aircraft, or other personal property

the use of which reasonably relates to law enforcement duties, title to the property may be

transferred to the law enforcement agency which seized it. Where the forfeited property is

personal property the use of which is not reasonably related to law enforcement duties and where

the forfeited property is real estate or an interest in real estate, it shall be sold under the direction

of the general treasurer and the proceeds of the sale deposited in the asset forfeiture fund. Where

the forfeited property consists of negotiable instruments, securities, or other intangible property, it

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shall be maintained by the general treasurer as part of the asset forfeiture fund and may be sold at

his or her discretion and the proceeds deposited in the fund. Where the forfeited property consists

of money, both coin and currency, it shall be deposited in the asset forfeiture fund.

     (b) The fund shall be utilized for the following purposes:

     (1) The payment of reasonable expenses required for the seizure, management and

liquidation of forfeited property and for the reimbursement of federal, state, or local law

enforcement agencies for any reasonable expenditures made by them in the performance of the

preceding functions;

     (2) The payment of awards for information or assistance leading to a civil or criminal

proceeding under this chapter, provided that any payment or combination of payments to any one

individual or group of individuals in excess of twenty five hundred dollars ($2500) from the fund

must be approved by the presiding justice of the superior court or an associate justice of the court

designated by him or her;

     (3) The compromise and payment of claims against property forfeited pursuant to the

chapter, provided that any payment in settlement of a claim which is in excess of twenty five

hundred dollars ($2500) from the fund must be approved by the presiding justice of the superior

court or an associate justice of the court designated by him or her;

     (4) The payment of twenty five percent (25%) of the net proceeds of a forfeiture to the

Rhode Island law enforcement agency or agencies which accomplished the seizure to be used

only for the purposes of future investigations of racketeering activity as defined in these

provisions. No law enforcement agency of the state is entitled to keep more than fifty thousand

dollars ($50,000) per calendar year under this section. No law enforcement agency of a city or

town with a population in excess of twenty thousand (20,000) is entitled to keep more than thirty

five thousand dollars ($35,000) per calendar year under this section. No law enforcement agency

of a city or town with a population of twenty thousand (20,000) or less is entitled to keep more

than fifteen thousand dollars ($15,000) per calendar year under this section.

     (5) The remainder of any proceeds not dispersed under the provisions of this subsection

shall be remitted to the safe school fund established pursuant to § 16-21.7-11 for the purposes of

supporting law enforcement and safety related activities on school grounds.

     (c) The attorney general shall report each forfeiture pursuant to this chapter to the general

treasurer within thirty (30) days of the issuance of the judgment of forfeiture by the court.

     (d) Upon the application of any law enforcement agency of the state of Rhode Island

when a special need exists concerning the enforcement of the provisions of this chapter, the

attorney general may apply to the presiding justice of the superior court for the release from the

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general treasury of sums of money not to exceed fifty thousand dollars ($50,000) per

investigation. When the presiding justice, upon consideration of the reasons set forth by the

agency, deems the funds to be reasonable and necessary to the accomplishment of a goal within

the powers and duties of the law enforcement agency, he or she may issue an order ex parte

providing for the release of the funds.

     (e) The attorney general and the general treasurer shall transmit to the General Assembly

no later than February 1st of each year, a detailed report on the nature and value of the assets

forfeited and their disposition, on the amounts deposited in the fund, and a detailed description of

withdrawals from the fund and the uses of the withdrawals, during the previous calendar year, but

shall not make any disclosure which would compromise any investigation or prosecution.

     SECTION 4. Section 8-2-15.1 of the General Laws in Chapter 8-2 entitled "Superior

Court" is hereby amended to read as follows:

     8-2-15.1. Gun court calendar.

     (a) Findings and declarations. The General Assembly finds that:

     (1) There has been significant growth in the use of firearms in the commission of violent

crimes.

     (2) Many of the shootings are drug or gang related and endanger law abiding citizens.

     (3) Many of the gun offenses are committed while individuals are free on bail for other

offenses.

     (4) The growing number of gun related offenses constitutes a burden upon the state of

Rhode Island and threatens the domestic tranquility of the state and its people, especially

residents of the urban areas where these crimes are most prevalent.

     (5) In order to deter the use of firearms in the commission of violent crime, and to protect

the law abiding public, there must be swift disposition of gun related offenses in our courts, and

there must be the certain prospect of prison terms for those who are convicted of such crimes.

     (b) Declaration of policy. It is hereby declared to be the policy of the state of Rhode

Island to provide maximum safety and security to its people from unlawful gun related violence

and intrusion upon their persons and property by expediting the processing and disposition of

such cases and, unless otherwise provided, imposing prison terms that must be served.

     (c) Establishment. To accomplish this purpose in an effort to minimize delay in the

processing of criminal cases in the superior court for the counties of Providence and Bristol

relating to the illegal possession and use of guns and other dangerous weapons, there shall be

established a separate calendar within the jurisdiction of the superior court for the counties of

Providence and Bristol for hearing trial and disposition of actions brought pursuant to §§ 11-47-3,

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11-47-5, 11-47-5.1, 11-47-8, 11-47-24, 12-13-1.2, and 12-19-21.

     (d) Gun court calendar. (1) The presiding justice of the superior court shall create a gun

court calendar in the superior court for the counties of Providence and Bristol and shall assign

personnel to the extent warranted to exclusively hear and decide all criminal actions involving

offenses committed in Providence and Bristol counties and brought pursuant to violations of the

provisions of §§ 11-47-5, 11-47-5.1, 11-47-8, and 11-47-24 set forth in subsection (c), and it shall

be referred to as the "gun court calendar" of the superior court for the counties of Providence and

Bristol.

     (2) The "gun court calendar" of the superior court for the counties of Providence and

Bristol shall also have concurrent jurisdiction with any other calendar of the superior court for the

counties of Providence and Bristol to hear and decide all criminal actions involving offenses

brought pursuant to violations of the provisions of §§ 11-47-3, 12-13-1.2, and 12-19-21, so long

as the criminal action involves the possession, threatened use, or use of a firearm.

     (e) Time for trial. All trials in the superior court for the counties of Providence and

Bristol involving offenses brought pursuant to the sections as set forth in subsection (c) shall be

scheduled for trial on the "gun court calendar" in the superior court for the counties of Providence

and Bristol within sixty (60) days of the completion of discovery. No continuances or

postponements shall be granted except for good cause shown. Such continuances as are necessary

shall be granted for the shortest practicable time.

     (f) Use of section. Under no circumstances shall the defendant(s) be permitted to use this

section as a basis for a dismissal of an action, as this section is enacted for the benefit and

convenience of the superior court for the counties of Providence and Bristol in the assignment of

its actions for trial.

     (g) A surcharge of fifty dollars ($50.00) shall be assessed as a cost against the defendant

and remitted to the safe school program established pursuant to § 16-21.7-11 fund in cases in

which there is a finding or plea of guilty, a plea of nolo contendere or the entry of a deferred

sentence for each case placed on the gun court calendar pursuant to § 8-2-15.1 or any other

violation of actions brought pursuant to §§ 11-47-3, 11-47-5, 11-47-5.1, 11-47-8, 11-47-24, 12-

13-1.2, and 12-19-21 that if not for the jurisdiction in which the crime occurred would have been

placed on the gun court calendar.

     SECTION 5. Section 11-47-9 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

     11-47-9. Persons exempt from restrictions.

     (a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the

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superintendent and members of the state police; members of the Rhode Island airport police

department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief

deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those

assigned to the investigation unit; Providence fire department arson investigators, provided that

the investigator receiving the permit is a graduate of a police-training academy; correctional

officers, within the department of corrections; members of the city or town police force; school

resource officers employed by a school department, a municipal police force or the department of

public safety; capitol police investigators of the department of attorney general appointed

pursuant to § 42-9-8.1; the witness protection coordinator for the witness protection review board

as set forth in chapter 30 of title 12 and subject to the minimum qualifications of § 42-9-8.1;

automobile theft investigators of the Rhode Island state police pursuant to § 31-50-1; railroad

police while traveling to and from official assignments or while on assignments; conservation

officers; or other duly appointed law enforcement officers; nor to members of the Army, Navy,

Air Force, and Marine Corps of the United States, the National Guard, or organized reserves,

when on duty; nor to members of organizations by law authorized to purchase or receive firearms

from the United States or this state, provided these members are at, or going to or from, their

places of assembly or target practice; nor to officers or employees of the United States authorized

by law to carry a concealed firearm; nor to any civilian guard or criminal investigator carrying

sidearms or a concealed firearm in the performance of his or her official duties under the

authority of the commanding officer of the military establishment in the state of Rhode Island

where he or she is employed by the United States; nor to any civilian guard carrying sidearms or a

concealed firearm in the performance of his or her official duties under the authority of the

adjutant general where he or she is employed guarding a national guard facility, provided, that the

commanding officer of the military establishment shall have on file with the attorney general of

this state a list of the names and addresses of all civilian guards and criminal investigators so

authorized; nor to duly authorized military organizations when on duty; nor to members when at,

or going to or from, their customary places of assembly; nor to any individual employed in the

capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or

investigator at any project owned or operated by a municipal detention facility corporation,

including the Donald W. Wyatt Detention Facility; nor to the regular and/or ordinary

transportation of pistols or revolvers as merchandise; nor to any person while transporting a

pistol, or revolvers, unloaded from the place of purchase to their residence; or place of business,

from their residence to their place of business or from their place of business to their residence, or

to a federal firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms

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repair facility, to any police station or other location designated as a site of a bona fide "gun buy-

back" program, but only if said pistol or revolver is unloaded and any ammunition for said pistol

or revolver is not readily or directly accessible from the passenger compartment of such vehicle

while transporting same and further provided, that in the case of a vehicle without a compartment

separate from the passenger compartment, the firearm or the ammunition shall be stored in a

locked container.

     (b) Persons exempted by the provisions of this section from the provisions of § 11-47-8

shall have the right to carry concealed firearms everywhere within this state; provided, that this

shall not be construed as giving the right to carry concealed firearms to a person transporting

firearms as merchandise or as household or business goods.

     SECTION 6. Section 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled

"Expungement of Criminal Records" is hereby amended to read as follows:

     12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting.

     (a) Any person filing a motion for expungement of the records of his or her conviction

pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of

the attorney general and the police department that originally brought the charge against the

person at least ten (10) days prior to that date.

     (b) The court, after the hearing at which all relevant testimony and information shall be

considered, may, in its discretion, order the expungement of the records of conviction of the

person filing the motion if it finds:

     (1) (i) That in the five (5) years preceding the filing of the motion, if the conviction was

for a misdemeanor, or in the ten (10) years preceding the filing of the motion, if the conviction

was for a felony, the petitioner has not been convicted nor arrested for any felony or

misdemeanor; there are no criminal proceedings pending against the person; that the person does

not owe any outstanding court-imposed or court-related fees, fines, costs, assessments, or

charges, unless such amounts are reduced or waived by order of the court, and he or she has

exhibited good moral character;

     (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that

the person has complied with all of the terms and conditions of the deferral agreement including,

but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and

restitution to victims of crimes; there are no criminal proceedings pending against the person; and

he or she has established good moral character. Provided, that no person who has been convicted

of a crime of violence shall have their records relating to a deferred sentence expunged; or

     (iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) years preceding the filing

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of the motion, if the convictions were for multiple misdemeanors, the petitioner has not been

convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending

against the person; and they have exhibited good moral character; and, provided that convictions

for offenses under chapter 29 of title 12, §§ 31-27-2 or 31-27-2.1 are not eligible and may not be

expunged under this subsection.

     (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the

expungement of the records of his or her conviction is consistent with the public interest.

     (c) If the court grants the motion, it shall, after payment by the petitioner of a one

hundred dollar ($100) one hundred and fifty dollar ($150) fee to be paid to the court, of which

fifty-dollars ($50.00) shall be remitted to the safe school program fund established pursuant to §

16-21.7-11, order all records and records of conviction relating to the conviction expunged and all

index and other references to it removed from public inspection. A copy of the order of the court

shall be sent to any law enforcement agency and other agency known by either the petitioner, the

department of the attorney general, or the court to have possession of the records. Compliance

with the order shall be according to the terms specified by the court.

     (d) The defendant shall be advised at the hearing 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 7. Sections 16-7-40 and 16-7-45 of the General Laws in Chapter 16-7 entitled

"Foundation Level School Support [See Title 16 Chapter 97 - The Rhode Island Board Of

Education Act]" are hereby amended to read as follows:

     16-7-40. Increased school housing ratio for regional schools -- Energy conservation -

- Access for people with disabilities -- Asbestos removal projects. Increased school housing

ratio for regional schools -- Energy conservation -- Access for people with disabilities --

Asbestos removal projects -- Safety and security measures.

     (a) (1) In the case of regional school districts, the school housing aid ratio shall be

increased by two percent (2%) for each grade so consolidated.

     (2) Regional school districts undertaking renovation project(s) shall receive an increased

share ratio of four percent (4%) for those specific project(s) only, in addition to the combined

share ratio calculated in § 16-7-39 and this subsection.

     (b) In the case of projects undertaken by regionalized and/or non-regionalized school

districts specifically for the purposes of energy conservation, access for people with disabilities,

and/or asbestos removal, the school housing aid share ratio shall be increased by four percent

(4%) for these specific projects only, in the calculation of school housing aid. The increased share

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ratio shall continue to be applied for as log as the project(s) receive state housing aid. In order to

qualify for the increased share ratio, seventy-five percent (75%) of the project costs must be

specifically directed to either energy conservation, access for people with disabilities, and/or

asbestos removal or any combination of these projects. The board of regents for elementary and

secondary education shall promulgate rules and regulations for the administration and operation

of this section.

     (c) In the case of projects undertaken by regionalized and/or non-regionalized school

districts specifically for the purposes of school safety and security, the school housing aid share

ratio shall be increased by five percent (5%) for these specific projects only, in the calculation of

school housing aid. The increased share ratio shall continue to be applied for as long as the

project(s) receives state housing aid. In order to qualify for the increased share ratio, seventy-five

percent (75%) of the project costs must be specifically directed to school safety and security

measures. The council on elementary and secondary education shall promulgate rules and

regulations for the administration and operation of this section.

     (c)(d) Upon the transfer of ownership from the state to the respective cities and towns of

the regional career and technical center buildings located in Cranston, East Providence, Newport,

Providence, Warwick, Woonsocket and the Chariho regional school district, the school housing

aid share ratio shall be increased by four percent (4%) for the renovation and/or repair of these

buildings. To qualify for the increased share ratio, as defined in § 16-7-39, renovation and repair

projects must be submitted for approval through the necessity of school construction process prior

to the end of the second full fiscal year following the transfer of ownership and assumption of

local care and control of the building. Only projects at regional career and technical centers that

have full program approval from the department of elementary and secondary education shall be

eligible for the increased share ratio. The increased share ratio shall continue to be applied for as

long as the renovation and/or repair project receives school housing aid.

     16-7-45. Annual appropriations.

     (a) The general assembly shall annually appropriate those sums that it may deem

necessary to carry out the purposes of §§ 16-7-35 to 16-7-47, and the state controller is authorized

and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so

much of it as may be required from time to time, upon the receipt by the controller of properly

authenticated vouchers. In the event that the full amount of housing aid has not been appropriated

in a particular fiscal year, school housing aid will not be ratably reduced. In such cases, aid

computed for school housing costs for debt service which has been paid by the local community

prior to project completion will be deferred. Such aid will be paid within three (3) equal

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installments beginning the fiscal year after project completion. This deferral provision shall only

be applicable if the computed aid for debt service paid by the local community prior to project

completion exceeds five hundred thousand dollars ($500,000).

     (b) Any remaining monies not appropriated in a particular fiscal year shall be remitted to

the safe school program fund established pursuant to § 16-21.7-11 for the purpose of supporting

law enforcement and safety related activities on school grounds.

     SECTION 8. Section 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled "The

Education Equity and Property Tax Relief Act" is hereby amended to read as follows:

     16-7.2-6. Categorical programs, state funded expenses.

     In addition to the foundation education aid provided pursuant to § 16-7.2-3, the

permanent foundation education-aid program shall provide direct state funding for:

     (a) Excess costs associated with special education students. Excess costs are defined

when an individual special education student's cost shall be deemed to be "extraordinary".

Extraordinary costs are those educational costs that exceed the state-approved threshold based on

an amount above five times the core foundation amount (total of core-instruction amount plus

student success amount). The department of elementary and secondary education shall prorate the

funds available for distribution among those eligible school districts if the total approved costs for

which school districts are seeking reimbursement exceed the amount of funding appropriated in

any fiscal year; and the department of elementary and secondary education shall also collect data

on those educational costs that exceed the state-approved threshold based on an amount above

two (2), three (3), and four (4) times the core-foundation amount;

     (b) Career and technical education costs to help meet initial investment requirements

needed to transform existing, or create new, comprehensive, career and technical education

programs and career pathways in critical and emerging industries and to help offset the higher-

than-average costs associated with facilities, equipment maintenance and repair, and supplies

necessary for maintaining the quality of highly specialized programs that are a priority for the

state. The department shall develop criteria for the purpose of allocating any and all career and

technical education funds as may be determined by the general assembly on an annual basis. The

department of elementary and secondary education shall prorate the funds available for

distribution among those eligible school districts if the total approved costs for which school

districts are seeking reimbursement exceed the amount of funding available in any fiscal year;

     (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten

programs. The department shall recommend criteria for the purpose of allocating any and all early

childhood program funds as may be determined by the general assembly;

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     (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure

that appropriate funding is available to support their students. Additional support for Central Falls

is needed due to concerns regarding the city's capacity to meet the local share of education costs.

This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs

outside the permanent foundation education-aid formula, including, but not limited to,

transportation, facility maintenance, and retiree health benefits shall be shared between the state

and the city of Central Falls. The fund shall be annually reviewed to determine the amount of the

state and city appropriation. The state's share of this fund may be supported through a reallocation

of current state appropriations to the Central Falls school district. At the end of the transition

period defined in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24.

Additional support for the Davies and the Met Center is needed due to the costs associated with

running a stand-alone high school offering both academic and career and technical coursework.

The department shall recommend criteria for the purpose of allocating any and all stabilization

funds as may be determined by the general assembly;

     (e) Excess costs associated with transporting students to out-of-district non-public

schools. This fund will provide state funding for the costs associated with transporting students to

out-of-district non-public schools, pursuant to chapter 21.1 of title 16. The state will assume the

costs of non-public out-of-district transportation for those districts participating in the statewide

system. The department of elementary and secondary education shall prorate the funds available

for distribution among those eligible school districts if the total approved costs for which school

districts are seeking reimbursement exceed the amount of funding available in any fiscal year;

     (f) Excess costs associated with transporting students within regional school districts.

This fund will provide direct state funding for the excess costs associated with transporting

students within regional school districts, established pursuant to chapter 3 of title 16. This fund

requires that the state and regional school district share equally the student transportation costs

net any federal sources of revenue for these expenditures. The department of elementary and

secondary education shall prorate the funds available for distribution among those eligible school

districts if the total approved costs for which school districts are seeking reimbursement exceed

the amount of funding available in any fiscal year;

     (g) Public school districts that are regionalized shall be eligible for a regionalization

bonus as set forth below:

     (1) As used herein, the term "regionalized" shall be deemed to refer to a regional school

district established under the provisions of chapter 3 of title 16, including the Chariho Regional

School district;

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     (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus

shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the

regionalization bonus shall commence in the first fiscal year following the establishment of a

regionalized school district as set forth in chapter 3 of title 16, including the Chariho Regional

School District;

     (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the

state's share of the foundation education aid for the regionalized district as calculated pursuant to

§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;

     (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the

state's share of the foundation education aid for the regionalized district as calculated pursuant to

§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;

     (5) The regionalization bonus shall cease in the third fiscal year;

     (6) The regionalization bonus for the Chariho regional school district shall be applied to

the state share of the permanent foundation education aid for the member towns; and

     (7) The department of elementary and secondary education shall prorate the funds

available for distribution among those eligible regionalized school districts if the total, approved

costs for which regionalized school districts are seeking a regionalization bonus exceed the

amount of funding appropriated in any fiscal year.

     (h) Supplementing personnel costs related to the safe school program, for each school

resource officer employed by the city or town, fifty percent (50%) of the statewide average cost

of providing a school resource officer in each primary, middle and secondary school as required

by the safe school program;

     (h)(i) Additional state support for English learners (EL). The amount to support EL

students shall be determined by multiplying an EL factor of ten percent (10%) by the core-

instruction per-pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional

state support to EL students identified using widely adopted, independent standards and

assessments identified by the commissioner. All categorical funds distributed pursuant to this

subsection must be used to provide high-quality, research-based services to EL students and

managed in accordance with requirements set forth by the commissioner of elementary and

secondary education. The department of elementary and secondary education shall collect

performance reports from districts and approve the use of funds prior to expenditure. The

department of elementary and secondary education shall ensure the funds are aligned to activities

that are innovative and expansive and not utilized for activities the district is currently funding.

The department of elementary and secondary education shall prorate the funds available for

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distribution among eligible recipients if the total calculated costs exceed the amount of funding

available in any fiscal year; and

     (i)(j) Categorical programs defined in (a) through (g) shall be funded pursuant to the

transition plan in § 16-7.2-7.

     SECTION 9. Section 21-28-5.04 of the General Laws in Chapter 21-28 entitled "Uniform

Controlled Substances Act" is hereby amended to read as follows:

     21-28-5.04. Forfeiture of property and money.

     (a) Any property, real or personal, including, but not limited to, vessels, vehicles, or

aircraft, and money or negotiable instruments, securities, or other things of value or any property

constituting, or derived from any proceeds, furnished, or intended to be furnished, by any person

for the transportation of, or in exchange for, a controlled substance and that has been, or is being

used, in violation of § 21-28-4.01(a) or 21-28-4.01(b) or in, upon, or by means of which any

violation of §§ 21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08

has taken, or is taking place, and all real property including any right, title, and interest in the

whole of any lot or tract of land and any appurtenances or improvements that is used in the

commission of a violation of §§ 21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-

4.01.2 or 21-28-4.08, or that was purchased with funds obtained as a result of the commission of

a violation of §§ 21-28-4.01(a) or §§ 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-

28-4.08, shall be seized and forfeited; provided that no property or money, as enumerated in this

subsection, used by any person shall be forfeited under the provisions of this chapter unless it

shall appear that the owner of the property or money had knowledge, actual or constructive, and

was a consenting party to the alleged illegal act. All moneys, coin and currency, found in close

proximity to forfeitable controlled substances, to forfeitable drug manufacturing or distributing

paraphernalia, or to forfeitable records of the importation, manufacture, or distribution of

controlled substances, are presumed to be unlawfully furnished in exchange for a controlled

substance or used in violation of this chapter. The burden of proof is upon claimants of the

property to rebut this presumption.

     (b) Property taken or detained under this section shall not be repleviable, but shall be

deemed to be in the custody of the law enforcement agency making the seizure and whenever

property or money is forfeited under this chapter it shall be utilized as follows:

     (1) Where the seized property is a vessel, vehicle, aircraft, or other personal property it

may be retained and used by the law enforcement agency that seized the property where the use

of the property is reasonably related to the law enforcement duties of the seizing agency. If the

seized property is a motor vehicle that is inappropriate for use by the law enforcement agency due

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to style, size, or color, the seizing agency shall be allowed to apply the proceeds of sale or the

trade-in value of the vehicle towards the purchase of an appropriate vehicle for use in activities

reasonably related to law enforcement duties.

     (2) The law enforcement agency may sell any forfeited property not required by this

chapter to be destroyed and not harmful to the public. The proceeds from the sale are to be

distributed in accordance with subdivision (3) of this subsection.

     (3) As to the proceeds from the sale of seized property as referred to in subdivision (2) of

this subsection, and as to moneys, coin and currency, negotiable instruments, securities, or other

things of value as referred to in subsection (a) of this section, the distribution shall be as follows:

     (i) (A) All proceeds of the forfeiture of real or personal property shall be distributed as

follows: All costs of advertising administrative forfeitures shall first be deducted from the amount

forfeited. Of the remainder, twenty percent (20%) of the proceeds shall be provided to the

attorney general's department to be used for further drug-related law enforcement activities

including, but not limited to, investigations, prosecutions, and the administration of this chapter;

seventy percent (70%) sixty percent (60%) of the proceeds shall be divided among the state and

local law enforcement agencies proportionately based upon their contribution to the investigation

of the criminal activity related to the asset being forfeited; ten percent (10%) of the proceeds shall

be remitted to the safe school program established pursuant to § 16-21.7-11 for the purposes of

supporting law enforcement and safety related activities on school grounds; and ten percent

(10%) of the proceeds shall be provided to the department of health for distribution to substance

abuse treatment programs.

     (B) The law enforcement agencies involved in the investigation, with the assistance of the

attorney general, shall by agreement determine the respective proportionate share to be received

by each agency. If the agencies are unable to reach agreement, application shall be made by one

or more of the agencies involved to the presiding justice of the superior court who shall determine

the respective proportionate share attributable to each law enforcement agency. The proceeds

from all forfeitures shall be held by the general treasurer in a separate account until such time as

an allocation is determined by agreement of the agencies or by the presiding justice. It shall be the

duty and responsibility of the general treasurer to disburse the allocated funds from the separate

account to the respective law enforcement agencies.

     (ii) Each state or local law enforcement agency shall be entitled to keep the forfeited

money or the proceeds from sales of forfeited property. The funds shall be used for law

enforcement purposes and investigations of violations of this chapter. The funds received by a

state law enforcement agency shall be maintained in a separate account by the general treasurer.

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The funds received by a local law enforcement agency shall be maintained in a separate account

by the local agency's city or town treasurer.

     (c) (1) There is established in the state's treasury a special fund to be known as the asset

forfeiture fund in which shall be deposited the excess proceeds of forfeitures arising out of

criminal acts occurring before July 1, 1987. The asset forfeiture fund shall be used to fund drug-

related law enforcement activity and the treatment and rehabilitation of victims of drug abuse.

The fund shall be administered through the office of the general treasurer. The presiding justice of

the superior court shall have the authority to determine the feasibility and amount of disbursement

to those state or local law enforcement agencies that have made application.

     (2) Upon the application of any law enforcement agency of the state of Rhode Island,

when a special need exists concerning the enforcement of the provisions of this chapter, the

attorney general, or his or her designee, may apply to the presiding justice of the superior court

for the release from the general treasury of sums of money. When the presiding justice upon

consideration of the reasons set forth by that agency deems them to be reasonable and necessary

to the accomplishment of a goal within the powers and duties of that law enforcement agency, he

or she may issue an order ex parte providing for the release of the funds.

     (d) Each law enforcement agency making any seizure(s) that result(s) in a forfeiture

pursuant to this section shall certify and file with the state treasurer between January 1 and

January 30 an annual report detailing the property or money forfeited during the previous

calendar year and the use or disposition of the property or money. The report shall be made in the

form and manner as may be provided or specified by the treasurer and these annual law

enforcement agency reports shall be provided to the local governmental body governing the

agency and to the house and senate judiciary committees.

     (e) Any law enforcement agency whose duty it is to enforce the laws of this state relating

to controlled substances is empowered to authorize designated officers or agents to carry out the

seizure provisions of this chapter. It shall be the duty of any officer or agent authorized or

designated, or authorized by law, whenever he or she shall discover any property or monies that

have been, or are being, used in violation of any of the provisions of this chapter, or in, upon, or

by means of which any violation of this chapter has taken or is taking place, to seize the property

or monies and to place it in the custody of the person as may be authorized or designated for that

purpose by the respective law enforcement agency pursuant to those provisions.

     (f) For purposes of this section and § 30-14-2 only, the Rhode Island national guard shall

be deemed a law enforcement agency eligible to participate in the forfeiture of money and assets

seized through counterdrug operations in which members of the guard support federal, state or

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municipal efforts.

     SECTION 10. Section 45-21-54 of the General Laws in Chapter 45-21 entitled

"Retirement of Municipal Employees" is hereby amended to read as follows:

     45-21-54. Reemployment of retired members.

     (a) Any retired member of the system is permitted to reenter the service of the system for

not more than seventy-five (75) working days in a calendar year without interruption of pension

benefits. Pension payments, however, are suspended when that period is exceeded. If the retired

member continues in service beyond the seventy-five (75) day period (with his annuity

temporarily suspended) the member is not eligible for pension credit for the additional service,

nor is the member required to make pension contributions for this service; provided, that any

retired member of the system is permitted to serve as an elected city or town council member or

school committee member and continues to be eligible for and receive the retirement allowance

for service other than that as a council member or school committee member.

     (b) Provided, that any retired member of the system, employed as a school resource

officer on a per diem or other basis at a rate below the regular wage of a uniformed patrol officer

in the district in which the school resource officer is employed shall continue to be eligible for,

and receive the retirement allowance without reduction. A retired member, employed under the

provisions of this subsection is not eligible for pension credit for the additional service, nor is the

member required to make pension contributions for this service.

     SECTION 11. This act shall take effect July 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION

***

     This act would establish a process of funding and ensuring that our public schools remain

safer and secure. The safe school program would require that a certified school resource officer

be employed at each public school and would allow for each school department to seek an

additional five percent (5%) reimbursement for school construction projects related to safety.

     This act would take effect July 1, 2019.

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