By adding the following new article to be given the next available article number:

SECTION 1. Sections 31-27-2, 31-27-2.5 and 31-27-2.7 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever operates or otherwise drives any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.

(b) (1) Any person charged under subsection (a) of this section whose blood alcohol concentration (BAC) is one-tenth of one percent (.1%) eight one-hundredths of one percent (.08%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. Alcohol concentration shall mean either grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination thereof, to a degree which rendered such person incapable of safely operating a vehicle. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.

(2) Whoever operates or otherwise drives any vehicle in the state with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.

(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof in the defendant's blood at the time alleged as shown by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be admissible and competent, provided that evidence is presented that the following conditions have been complied with:

(1) The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify.

(2) A true copy of the report of the test result was mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath test.

(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have a true copy of the report of the test result mailed to him or her within thirty (30) days following the taking of the test.

(4) The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.

(5) Equipment used for the conduct of the tests by means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.

(6) The person arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or, any combination thereof in violation of subsection (a) of this section was afforded the opportunity to have an additional chemical test and the officer arresting or so charging the person informed the person of this right and afforded him or her a reasonable opportunity to exercise the same, and a notation to this effect is made in the official records of the case in the police department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.

(d) (1) Every person convicted of a first violation shall be subject to a fine of not less than one hundred ($100) dollars nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. the mandatory penalties including fines, imprisonment and/or community service as follows:

BAC/FINE/LICENSE SUSPENSION/COMMUNITY SERVICE SUSPENSION AND/OR JAIL

.08 but less than .10/$100/3 months/10 hours community

.10 but less than .15/$100 - $300/3 months - 6 months/10-60 hours community service and/or up to one year in jail

.15 and above/$500/6 months/60 hours community service and/or up to one year in jail

The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual.

(2) Every person convicted of a second violation within a five (5) year period regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. to the mandatory penalties including fines and/or imprisonment as follows:

BAC/FINE/LICENSE SUSPENSION/JAIL

.08 but less than .10/$400/1 year/5 days - 1 year jail

.10 but less than .15/$400/1 year - 2 years/10 days - 1 year jail

.15 and above/$1000/2 years/30 days - 1 year jail

The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section31-27-2.8.

(3) (i) Every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than six (6) months nor more than one year in jail. the mandatory penalties in fines and/or imprisonment as follows:

BAC/FINE/LICENSE SUSPENSION/JAIL

.08 but less than .10/$400/2 years/6 months

.10 but less than .15/$400/2 years to 3 years/6 months - 1 year

.15 and above/$1000/3 years/1 year

The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section31-27-2.8.

(ii) In addition to the foregoing penalties, every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state shall be subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained thereby to be transferred to the general fund.

(4) For purposes of determining the period of license suspension, a prior violation shall constitute any charge brought and sustained under the provisions of this section or section31-27-2.1, as amended.

(5) (i) Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500). The assessment shall be imposed on July 1, 1982 and every year thereafter, and shall be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section.

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

FISCAL YEAR	FISCAL YEAR	FISCAL YEAR
1993-1995	1996-1999	2000-2006
$147	$173	$86

(6) (i) If the person convicted of violating this section is under the age of eighteen (18) years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of public community restitution, and the juvenile's driving license shall be suspended for a period of six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing judge shall also require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. The juvenile may also be required to pay a highway assessment fine of no more than five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.

(ii) If the person convicted of violating this section is under the age of eighteen (18) years, for a second or subsequent violation regardless of whether any prior violation and subsequent conviction was a violation and subsequent under this statute or under the driving under the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory suspension of his or her driving license until such time as he or she is twenty-one (21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a period of not more than one year and/or a fine of not more than five hundred dollars ($500).

(7) Any person convicted of a violation under this section may undergo a clinical assessment at a facility approved by the department of health. Should this clinical assessment determine problems of alcohol, drug abuse, or psychological problems associated with alcoholic or drug abuse, this person shall be referred to the T.A.S.C. (treatment alternatives to street crime) program for treatment placement, case management, and monitoring.

(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.

(f) (1) There is hereby established an alcohol and drug safety unit within the registry to administer an alcohol safety action program. The program shall provide for placement and follow-up for persons who are required to pay the highway safety assessment. The alcohol and drug safety action program will be administered in conjunction with alcohol and drug programs within the department of health. The alcohol and drug safety action program shall be implemented on January 1, 1983.

(2) Persons convicted under the provisions of this chapter shall be required to attend a special course on driving while intoxicated or under the influence of a controlled substance, and/or participate in an alcohol or drug treatment program. The course shall take into consideration any language barrier which may exist as to any person ordered to attend, and shall provide for instruction reasonably calculated to communicate the purposes of the course in accordance with the requirements of the subsection; provided, however, that any costs reasonably incurred in connection with the provision of such accommodation shall be borne by the person being retrained. A copy of any violation under this section shall be forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under the provisions of this chapter fail to attend and complete the above course or treatment program, as ordered by the judge, then the person may be brought before the court, and after a hearing as to why the order of the court was not followed, may be sentenced to jail for a period not exceeding one year.

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

(g) The director of the health department of the state of Rhode Island is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath, and the qualifications and certification of individuals authorized to administer such testing and analysis.

(h) Jurisdiction for violations of this section is hereby given to the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years, and the courts shall have full authority to impose any sentence authorized and to order the suspension of any license for violations of this section. All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time.

(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, public community restitution, or jail provided for under this section can be suspended.

(j) An order to attend a special course on driving while intoxicated that shall be administered in cooperation with a college or university accredited by the state, shall include a provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars ($25.00), and a fee of one hundred seventy-five dollars ($175.00), which fee shall be deposited into the general fund.

(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the presence of alcohol, which relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.

(l) If any provision of this section or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provision or application directly involved in the controversy giving rise to the judgment.

31-27-2.5. Chemical tests to persons under eighteen (18) years of age -- Refusal -- License suspension. -- (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical test as provided in section 31-27-2 shall have imposed all the penalties provided by section 31-27-2.1, but shall have his or her license suspended on a first violation for six (6) months, subject to the terms of subsection (e) below.

(b) Jurisdiction for violations of this section is hereby given to the family court.

(c) If such person as set forth in subsection (a) above refuses, upon the request of a law enforcement officer, to submit to a test as provided in section 31-27-2.1, as amended, none shall be given, but a judge of the family court, upon receipt of a report or testimony of a law enforcement officer that he or she had probable cause to stop the arrested person and reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while impaired by intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination thereof, that the person had been informed of his or her rights in accordance with section 31-27-3, that the person had been informed of the penalties to be incurred as a result of noncompliance with this section, and that the person had refused to submit to the test upon the request of a law enforcement officer, shall promptly order a hearing on whether the person's operator's license or privilege to operate a motor vehicle in this state shall be suspended, and, upon suspension shall order the license of the person to be surrendered to the Rhode Island department of administration, registry of motor vehicles, within three (3) days.

(d) If the person takes a test, as provided in section 31-27-2 and the test determines the person's blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one-tenth of one percent (.1%) eight one-hundredths of one percent (.08%) by weight, the person shall be determined to have been driving while impaired. A judge of the family court shall, pursuant to the terms of subsection (e) within, thereafter order as follows:

(1) A highway safety assessment of one hundred fifty dollars ($150) or community service in lieu of highway safety assessment shall be paid by any person found in violation of this section. The assessment shall be deposited into the general fund.

(2) The person's driving license shall be suspended for six (6) months on a first violation, and may be suspended for a period of up to twelve (12) months, provided the person also shall attend a special course on driving while intoxicated and provided that the person shall also attend an alcohol and/or drug treatment program if ordered by the family court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person's driving license being suspended until such time as the course or treatment program has been completed.

(3) On a second violation of this section, the person's driving license shall be suspended until such time as he or she is twenty-one (21) years of age. The sentencing judge shall require alcohol and/or drug treatment for the individual.

(4) On a third or subsequent violation, the person's driving license shall be suspended for an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug treatment for the individual.

(5) No suspensions, assessments, driving while intoxicated school or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.

(e) Upon suspending a license or permit as provided in subsection (a), (c), or (e) of this section, the family court shall immediately notify the person involved, in writing, as well as the custodial parent if the person is under the age of eighteen (18) years.

(f) The police department which charges any person under eighteen (18) years of age with refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, or driving while under the influence of liquor or drugs, shall ascertain the name and address of the custodial parent of the person and shall notify the parent in writing within ten (10) days of the charge.

(g) The Rhode Island department of administration, upon issuing a first license to a person sixteen (16) or seventeen (17) years of age, shall provide a written notice of the penalties provided by this section. Any violation of this section shall not be considered a criminal offense.

31-27-2.7. Driving while impaired. -- (a) A person under the age of twenty-one (21) but at least eighteen (18) years of age who takes a test, as provided for in section 31-27-2, at the request of a law enforcement officer who believes the person to be driving under the influence of liquor, shall be determined to have been driving while impaired if the test determines the person's blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one-tenth of one percent (.1%) eight one-hundredths of one percent (.08%) by weight.

(b) Should after a hearing in district court it be determined that:

(1) The results of the test are admissible in that it meets all of the conditions, as set forth in section 31-27-2; and

(2) The person has been afforded his or her rights as set forth in section 31-27-2, then the judge shall thereafter order as follows:

(i) A fine of not more than two hundred and fifty dollars ($250) and thirty (30) hours of community service. The fine shall be deposited in the general fund.

(ii) The person's driving license shall be suspended for not less than one nor more than three (3) months on a first violation, provided the person also shall attend a special course in driving while intoxicated and provided that the person shall also attend an alcohol and/or drug treatment program if ordered by the district court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person's driving license being suspended until such time as the course and/or treatment program has been completed.

(iii) On a second and subsequent violation of the section, the person shall be fined not more than two hundred and fifty dollars ($250) together with a highway safety assessment of three hundred dollars ($300) and shall be required to perform up to sixty (60) hours of community service. The person's driving license shall also be suspended for not less than three (3) months nor more than six (6) months. The sentencing judge shall also require the person to attend a special course in driving while intoxicated and also attend an alcohol and/or drug treatment program.

(c) No suspension, assessments, driving while intoxicated school, or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.

(d) Any violation of the section shall not be considered a criminal offense.

SECTION 2. This article shall take effect October 1, 1999.

Respectfully submitted,

FRANK A. MONTANARO
Representative, District 24

Representative Martineau rises on a point of order to object to the offering of Representative Montanaro's motion as not germane.

The Honorable Speaker rules that the amendment proposed is no germane.

Representative Montanaro challenges the ruling of the Chair. The ruling of the Chair is upheldm on a roll call vote, 61 members voting in the affirmative and 25 members voting in the negative as follows:

YEAS - 61: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Barr, Benson, Cambio, Carpenter, Carroll, Carter, Code~re, Coelho, Corvese, Costantino, Dennigan, Faria, Ferguson, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Heffner, Henseler, Hetherington, Hogan, lnman, iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lewiss, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Rose, Russo, San Bento, Schadone, Shavers, Sherlock, Slater, Sullivan, Thompson, Voccola, Winfield.

NAYS - 25: Representatives Ajello, Amaral, Anderson, M., Anderson, S., Bramley, Burlingame, Callahan, Cicilline, DeSimone, Gorham, Lanzi, Levesque, C., Lecesque, G., Lima, Long, Montanaro, Mumford, Murphy, Fisaturo, Rabideau, Scott, Smith, Wasylyk, Watson, Williams.

SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this act, the following general revenue amounts are hereby appropriated out of any money in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2000. The amounts identified for federal funds and restricted receipts shall be made available pursuant to section 35-4-22 and chapter 41 of title 42 of the Rhode Island General Laws. For the purposes and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

SECTION 2. Each line appearing in section 1 of this Article shall constitute an appropriation.

SECTION 3. Upon the transfer of any function of a department or agency to another department or agency, the governor is hereby authorized by means of executive order to transfer or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected thereby.

SECTION 4. From the appropriation for contingency shall be paid such sums as may be required at the discretion of the Governor and the Director of Administration to fund expenditures for which appropriations may not exist. Such contingency funds may also be used for expenditures in the several departments and agencies where appropriations are insufficient, or where such requirements are due to unforeseen conditions or are non-recurring items of an unusual nature. Said appropriations may also be used for the payment of bills incurred due to emergencies or to any offense against public peace and property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as amended. All expenditures and transfers from this account shall be approved by the Director of Administration and the Governor.

SECTION 5. The reimbursement of any state department or agency for the cost of work or services performed for any other department or agency is hereby authorized, subject to regulations promulgated by the Director of Administration.

SECTION 6. The General Assembly may provide a written "statement of legislative intent" signed by the chairperson of the House Finance Committee and by the chairperson of the Senate Finance Committee to show the intended purpose of the appropriations contained in section 1 of this article. The statement of legislative intent shall be kept on file in the House Finance Committee and in the Senate Finance Committee.

At least twenty (20) days prior to the issuance of a grant or the release of funds, which grant or funds are listed on the legislative letter of intent, all department, agency and corporation directors, shall notify in writing the chairperson of the House Finance Committee and the chairperson of the Senate Finance Committee of the approximate date when the funds are to be released or granted.

SECTION 7. Appropriation for Temporary Disability Insurance Administration -- There is hereby appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2000.

SECTION 8. Appropriation of Unemployment Insurance and Training Funds -- There is hereby appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2000.

SECTION 9. Appropriation of University and College Funds -- There is hereby appropriated pursuant to section 16-59-9 of the Rhode Island General Laws relating to the appropriation of funds by the General Assembly for Higher Education, and section 16-59-18 of the General Laws relating to receipts from sources other than appropriations, any funds received by the Board of Governors for Higher Education for the fiscal year ending June 30, 2000 payable out of the University and College Funds.

SECTION 10. Appropriation of Rhode Island Telecommunications Authority Funds -- There is hereby appropriated pursuant to section 16-61-13 of the Rhode Island General Laws relating to the appropriation of funds by the General Assembly for educational television, and section 16-61-6 of the General Laws relating to receipts from sources other than appropriations, any funds received by the Rhode Island Public Telecommunications Authority for the fiscal year ending June 30, 2000 payable out of the Rhode Island Public Telecommunications Authority Fund. On the order of the Director of Administration, the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums or portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

SECTION 11. Departments and agencies listed below may not exceed the number of full-time equivalent (FTE) positions shown below in any pay period. Full- time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals engaged in training, the completion of which is a prerequisite of employment.

Provided, however, that the Governor, Speaker of the House of Representatives, and the Majority Leader of the Senate may authorize an adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a detailed written recommendation to the Governor, the Speaker of the House, and the Senate Majority Leader. A copy of the recommendation and authorization to adjust shall be transmitted to the chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.

FTE POSITION AUTHORIZATION

SECTION 12. The amounts reflected in this Article include the appropriation of Rhode Island Capital Plan year 2000 and supersede appropriations provided for FY 2000 within Section 13 of Article 1 of Chapter 31 of the P.L. of 1998.

The following amounts are hereby appropriated out of any money in the Rhode Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending June 30, 2001, June 30, 2002, and June 30, 2003. These amounts supersede appropriations provided within Section 13 of Article 1 of Chapter 31 of the P.L. of 1998. For the purposes and functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums and such portions thereof as may be required by him or her upon receipt of properly authenticated vouchers.

SECTION 13. Reappropriation of Rhode Island Capital Plan Projects. - Any unexpended funds from Delaware Plan Capital Fund project appropriations for the fiscal year ending June 30, 1999 shall be reappropriated in the ensuing fiscal year and made available for the same purpose.

SECTION 14. Higher Education Assistance Authority Need Based Grants and Work Opportunities end of year balances. – Reappropriation. Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget", all unexpended, encumbered, and unencumbered balances of revenue appropriations for "Need Based Grants and Work Opportunities – RIGL 16-56-6 and 16-56-8" contained in section 1 of this article within the Higher Education Assistance Authority, whether regular or special appropriations, at the end of fiscal year 1999 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former applications.

SECTION 15. Section 37-2-7 of the General Laws in chapter 37-2 entitled "State Purchases" is hereby amended to read as follows:

37-2-7. Definitions. – The words defined in this section shall have the meanings set forth below whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section, group of sections or provision.

(1) "Business" shall mean any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.

(2) "Change order" shall mean a written order signed by the purchasing agent or contractor directing or allowing the contractor to make changes which the changes clause of the contract authorizes the purchasing agent or contractor to order without the consent of the contractor or purchasing agent.

(3) "Chief purchasing officer" shall mean the director of administration, who shall be responsible for all purchases by the state and for a public agency. "Chief purchasing officer" shall mean the executive director or the chief operational officer of the agency.

(4) "Construction" shall mean the process of building, altering, repairing, improving, or demolishing any public structures or building, or other public improvements of any kind to any public real property. It does not include the routine maintenance or repair of existing structures, buildings, or real property performed by salaried employees of the state of Rhode Island in the usual course of their job.

(5) "Contract" shall mean all types of agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item. It shall include awards; contracts of a fixed-price cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; purchase orders; and construction management contracts. It also includes supplemental agreements with respect to any of the foregoing. "Contract" does not include labor contracts with employees of state agencies.

(6) "Contract modification" shall mean any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It shall include bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.

(7) "Contractor" shall mean any person having a contract with a governmental body.

(8) "Data" shall mean recorded information, regardless of form or characteristic.

(9) "Designee" shall mean a duly authorized representative of a person holding a superior position.

(10) "Employee" shall mean an individual drawing a salary from a governmental body or public agency, whether elected or not, and any nonsalaried individual performing personal services for any governmental body or public agency.

(11) "Governmental body" shall mean any department, commission, council board, bureau, committee, institution, legislative body, agency, government corporation, including, without limitation, the board of governors for higher education except for purchases which are funded by restricted, sponsored or auxiliary monies for the period through July 1, 2000, as provided for in subdivision (16) of this section, and board of regents – elementary and secondary education or other establishment of the executive, legislative or judicial branch of the state.

(12) "May" shall mean permissive.

(13) "Negotiation" shall mean contracting by either the method set forth in section 37-2-19, 37-2-20, or 37-2-21 of this chapter.

(14) "Person" shall mean any business, individual, organization, or group of individuals.

(15) 'Procurement" shall mean the purchasing, buying, renting, leasing, or otherwise obtaining of any supplies, services, or construction. It shall also include all functions that pertain to the obtaining of any supply, service, or construction item, including a description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

(16) "Public agency" shall mean the Rhode Island industrial recreational building authority, the Rhode Island economic development corporation, the Rhode Island industrial facilities corporation, the Rhode Island refunding bond authority, Rhode Island housing and mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit authority, the Rhode Island student loan authority, the Howard development corporation, the water resources board corporate, the Rhode Island health and education building corporation, the Rhode Island higher education assistance authority, the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission, the Narragansett Bay water quality management district commission, the Rhode Island telecommunications authority, the convention center authority, the Channel 36 foundation, the board of governors for higher education for all purchases which are funded by restricted, sponsored or auxiliary monies, their successors and assigns, and any other body corporate and politic which has been or will be created or established within this state excepting cities and towns. The board of governors for higher education for all purchases which are funded by restricted, sponsored or auxiliary monies shall be included in the definition of "public agency" only through July 1, 1999 2000.

(17) "Purchase request" or "purchase requisition" shall mean that document whereby a using agency requests that a contract be entered into to obtain goods and/or services for a specified need, and may include, but is not limited to, the technical description of the requested item, delivery requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation of suggested sources of supply, and information supplied for the making of any written determination and finding required by section 37-2-6.

(18) "Purchasing agency" shall mean any governmental body which is authorized by this chapter, its implementing regulations, or by way of delegation from the chief purchasing officer to contract on its own behalf rather than through the central contracting authority of the chief purchasing officer.

(19) "Purchasing agent" shall mean any person authorized by a governmental body in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect thereto. The term shall also include an authorized representative acting within the limits of authority. "Purchasing agent" shall also mean the person appointed in accordance with section 37-2-1.

(20) "Services" shall mean the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of services. "Services" does not include labor contracts with employees of state agencies.

(21) "Shall" shall mean imperative.

(22) "State" shall mean the state of Rhode Island and any of its departments or agencies and public agencies.

(23) "Supplemental agreement" shall mean any contract modification which is accomplished by the mutual action of the parties.

(24) "Supplies" shall mean all property, including, but not limited to, leases of real property, printing, and insurance, except land or permanent interest in land.

(25) "Using agency" shall mean any governmental body or public agency of the state which utilizes any supplies, services or construction purchased under this chapter.

(26) As used in section 37-2-59 of this chapter, "architect" or "engineer" services shall mean those professional services within the scope of practice of architecture, professional engineering, or registered land surveying, pertaining to construction, as defined by the laws of this state. "Consultant" means any person with whom the state and/or a public agency has a contract which contract provides for the person to give direction or information as regards a particular area of knowledge in which the person is a specialist and/or has expertise.

(27) For purposes of sections 37-2-62 – 37-2-70, "directors" shall mean those members of a public agency appointed pursuant to a statute, who comprise the governing authority of the board, commission, authority, and/or corporation.

SECTION 16. Reappropriation of Department of Children, Youth and Families' Higher Education Opportunity Incentive Grant. -- Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget", all unexpended, encumbered, and unencumbered balances of revenue appropriations for Higher Education Opportunity Incentive Grant contained in section 1 of this article within the Department of Children, Youth and Families, whether regular or special appropriations, at the end of fiscal year 2000 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former applications.

SECTION 17. This article shall take effect July 1, 1999.