CHAPTER 86
2001-H 5592B
Enacted 7/6/2001


A  N     A   C   T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

Introduced By:  Representatives Carter and Fox Date Introduced:   February 6, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-1-35 of the General Laws in Chapter 23-1 entitled "Department of Health" is hereby repealed in its entirety:

23-1-35. Financial report to general assembly.

The director shall provide to the general assembly on January 15, 1985 and on June 15, 1985, a full and accurate financial report accounting for all receipts and expenditures of money generated under the provisions of 23-1-34.

SECTION 2. Sections 23-1-36, 23-1-39, 23-1-44 and 23-1-47 of the General Laws in Chapter 23-1 entitled "Department of Health" are hereby amended to read as follows:

23-1-36. Director's duties regarding health education, alcohol, and substance abuse programs.

The director shall establish health education, alcohol, and substance abuse programs for students in grades kindergarten through twelve (12), in accordance with 35-4-18. The director shall make an annual report by September 1, 1987 and every year thereafter to the governor and the general assembly on the administration of the program and shall by October 1, 1988 submit to the governor and the general assembly the results of an independent evaluation of the health education, alcohol, and substance abuse programs created in accordance with this section. This evaluation shall address the following areas: program development, implementation, impact, and recommendations for future needs.

23-1-39. Tattooing and/or body piercing.

(a) The director shall promulgate rules and regulations which provide minimum requirements to be met by any person performing tattooing and/or body piercing upon any individual and for any establishment where tattooing and/or body piercing is performed. These requirements shall include, but not be limited to, general sanitation of premises wherein tattooing and/or body piercing is to be performed and sterilization of instruments. These rules and regulations shall place emphasis on the prevention of disease, specifically including, but not limited to, transmission of hepatitis B and/or human immunodeficiency virus (HIV).

(b) In addition, these rules and regulations shall establish procedures for registration with the department of health of all persons performing tattooing and/or body piercing, for registration of any establishment where tattooing and/or body piercing is performed, for regular inspections of premises wherein tattooing and/or body piercing is performed, and for revocation of the registration of any person or establishment deemed in violation of the rules and regulations promulgated under this section. An annual registration fee in the amount of fifty dollars ($50.00) shall be paid by any person or establishment registered to perform tattooing and/or body piercing under this section. All fees shall be deposited by the department as general revenues.

(c) Body piercing of a minor is prohibited; provided, however, that body piercing will be allowed if the minor is accompanied by his or her parent or guardian, and the parent or guardian gives consent to the body piercing.

23-1-44. Routine childhood immunization vaccines.

Beginning fiscal year 1992-1993, tThe department of health shall include in the department's immunization program those vaccines for routine childhood immunization as recommended by the advisory committee for immunization practices (ACIP) and the academy of pediatrics (AAP) to the extent permitted by available funds.

23-1-47. Hospitals - Administration - Immunities. Health care providers - Immunities

(a) Through June 30, 1993, each hospital licensed pursuant to chapter 17 of title 23, shall administer all childhood vaccinations including the program set forth in 23-1-44 without charge. Each hospital shall administer the vaccinations through its outpatient clinics during regular business hours which shall be set by each hospital. Furthermore, the Rhode Island department of health, the Rhode Island medical society, the hospital association of Rhode Island, and the Rhode Island health center association shall develop an infant-child immunization access plan for the state. The director of health or his or her designee shall convene and chair this access planning group. This access plan shall be presented to the Rhode Island general assembly by December 1, 1992.

(b) Immunity for providers: No health care provider, as defined in 5-37.3-3(4), acting in accordance with the provisions of this chapter, including, without limitation, any health care provider who administers any immunization vaccine pursuant to this chapter, shall be liable to any person who experiences or purports to experience adverse effects arising from the immunization or attendant procedures; provided, however, that informed consent be obtained. Nothing in this chapter shall exempt from liability for gross negligence any individual or public or private agency participating in an authorized mass immunization project, nor shall the provisions of this chapter exempt any drug manufacturer from any liability, regardless of the degree of negligence for any drug or vaccine used in the projects.

SECTION 3. Chapter 23-1.9 in Title 23 entitled "Health and Safety" is hereby repealed in its entirety:

CHAPTER 1.9

SHEATH NEEDLES

23-1.9-1. Self-sheathing needle advisory committee - Purpose.

The department of health shall establish an advisory committee pursuant to the provisions of this section which shall require each hospital licensed under chapter 17 of this title to analyze their needlestick injuries for the period from June 1, 1993 to June 1, 1994, inclusive. On or before March 1, 1995 each hospital shall report its analysis on forms provided by the department of health, with the advice of the advisory committee. In addition, each hospital shall evaluate the actual or potential use of protective needle devices such as self-sheathing needles, needleless, blunt, or recessed intravenous systems, and indicate to the department of health whether they believe their facility should replace needles currently in use with alternative instruments. These reports and analyses shall not be disclosed by the department of health under any circumstances to any other party, and shall not constitute public records as defined in 38-2-2. The department of health shall collate the data and information contained therein and present such data and information to the advisory committee in a form that does not directly or indirectly identify or permit the identification of any individual or institutional health care provider. The department of health shall indicate any trends or anomalous data to the advisory committee. After reviewing the information compiled by the department of health, the advisory committee shall forward its recommendations and findings to the department of health and such recommendations may consider whether and under what circumstances, if any, hospitals should be required by regulations to replace needles currently utilized by health care workers which have the potential to become contaminated by human blood or other potentially infectious materials with alternative technologies where available and appropriate. The committee shall forward to the department of health its recommendations by July 1, 1995. The committee shall cease to exist thirty (30) days after the submission of its report.

23-1.9-2. Advisory committee membership.

(a) The advisory committee shall consist of seventeen (17) members as follows: one representative from the R.I. department of health and one representative from each of the following organizations, to be appointed by each organizations: Rhode Island hospital; memorial hospital of Rhode Island; Kent County memorial hospital; Roger Williams medical center; women and infants hospital; Miriam hospital; St. Joseph's hospital; landmark medical center; federation of nurses and health professionals; national association of government employees; state nurse's association district 1199; R.I. committee on occupational safety and health; American federation of state, county, and municipal employees; laborers, teamsters and R.I. state association of fire fighters.

(b) Members of the commission shall meet in quarters provided by the department of health commencing thirty (30) days after July 11, 1994 and shall elect a chairperson and a secretary.

SECTION 4. Section 23-1.10-4 of the General laws in Chapter 23-1.10 entitled "Alcoholism" is hereby amended to read as follows:

23-1.10-4. Duties of department.

The department shall:

(1) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;

(2) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of alcoholism and treatment of alcoholics and intoxicated persons;

(3) Cooperate with the department of corrections and board of parole in establishing and conducting programs to provide treatment for alcoholics and intoxicated persons in or on parole from penal institutions;

(4) Cooperate with the department of education, board of regents for elementary and secondary education, board of governors for higher education, schools, police departments, courts, and other public and private agencies, organizations and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education;

(5) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol;

(6) Develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcoholics and intoxicated persons, which program shall include the dissemination of information concerning the nature and effects of alcohol;

(7) Organize and foster training programs for all persons engaged in treatment of alcoholics and intoxicated persons;

(8) Sponsor and encourage research into the causes and nature of alcoholism and treatment of alcoholics and intoxicated persons, and serve as a clearing house for information relating to alcoholism;

(9) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;

(10) Advise the governor in the preparation of a comprehensive plan for treatment of alcoholics and intoxicated persons;

(11) Review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation, and advise the governor on provisions to be included relating to alcoholism and intoxicated persons;

(12) Assist in the development of, and cooperate with, alcohol education and treatment programs for employees of state and local governments and businesses and industries in the state;

(13) Utilize the support and assistance of interested persons in the community, particularly recovered alcoholics, to encourage alcoholics voluntarily to undergo treatment;

(14) Cooperate with the department of transportation and related agencies both state and local in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated;

(15) Encourage general hospitals and other appropriate health facilities to admit without discrimination alcoholics and intoxicated persons and to provide them with adequate and appropriate treatment;

(16) Encourage all health and disability insurance programs to include alcoholism as a covered illness;

(17) Submit to the governor an annual report covering the activities of the department; and

(18) Establish alcohol and substance abuse prevention programs for students in grade kindergarten through twelve (12), in accordance with 35-4-18. The director shall make an annual report by September 1, 1987, and every year thereafter to the governor and the general assembly on the administration of the program and shall by October 1, 1988, submit to the governor and the general assembly the results of an independent evaluation of the alcohol and substance abuse prevention program established in accordance with this section. This evaluation shall address the following areas:

(i) program development;

(ii) implementation;

(iii) impact; and

(iv) recommendations for future needs .

SECTION 5. Section 23-20.8-4 of the General Laws in Chapter 23-20.8 entitled "Licensing of Massage Therapy Establishments" is hereby amended to read as follows:

23-20.8-4. Establishment of rules and regulations - Hearings.

(a) The authority to promulgate regulations for the efficient enforcement of this chapter is hereby vested in the director of health.

(b) Hearings authorized or required under this chapter shall be conducted by the director of health or such officer, agent, or employee as the director of health or such other officer, agent or employee as the director of health may designate for this purpose.

(c) Before promulgating any regulation, the director of health shall give appropriate public notice of its proposal and the time and place for a public hearing thereon. The regulation so promulgated shall be filed with the office of the secretary of state and shall become effective on a date fixed by the director of health (which date shall not be prior to thirty (30) days after its promulgation). The regulation may be amended or repealed in the same manner as is provided for its adoption.

(d) Notwithstanding any provision of the chapter to the contrary, the regulations to be promulgated hereunder shall not take effect earlier than six (6) months after May 10, 1978.

SECTION 6. Sections 23-20.9-5 and 23-20.9-7 of the General Laws entitled "Smoking in Schools" are hereby amended to read as follows:

23-20.9-5. Regulation of smoking in schools.

(a) The governing body of each school in Rhode Island shall be responsible for the development of enforcement procedures to prohibit tobacco product usage by any person utilizing school facilities no later than September 1, 1993. All facilities used by a school, whether owned, leased or rented, shall be subject to the provisions of this chapter. Enforcement procedures shall be promulgated and conspicuously posted in each building no later than September 1, 1993. Provided, however, enforcement procedures regarding school personnel and teachers shall take effect on September 1, 1994.

(b) This chapter shall not modify, or be used as a basis for modifying school policies or regulations in effect prior to the passage of this chapter if the existing policies or regulations prohibit tobacco product usage in the school.

(c) All school areas where tobacco product usage is prohibited shall be clearly marked with "nonsmoking area" signs with bold block lettering at least three inches (3") high stating "Tobacco-Free School - Tobacco Use Prohibited". There shall be at least one "nonsmoking area" sign, in conformance with the above, at every building entrance and in other areas as designated by the governing body. Signs shall also be posted in every school bus and every school vehicle. Signs as detailed above shall be provided, without charge, by the department of health.

23-20.9-7. Non-smoking program - Employees.

The governing body of each school in Rhode Island shall devise and implement a plan to provide smoking cessation programs for all employees who smoke and work with its jurisdiction. The programs shall be implemented at a central location within the geographic area under the jurisdiction of the governing body. Information on the programs shall be delineated and conspicuously posted in each building in the school by no later than March 1, 1993. Any fees for smoking cessation programs may be borne on a shared cost basis by the employee, the employer, and where applicable, the employee's union. Cessation programs shall be initiated no later than June 1, 1993. The responsibility of the governing body of each school to implement smoking cessation programs shall end on September 1, 1994.

SECTION 7. Section 23-20.9-6 of the General Laws in Chapter 23-20.9 entitled "Smoking in Schools" is hereby repealed in its entirety:

23-20.9-6. Immediate application.

The provisions of 23-20.9-1 et seq. shall be effective July 21, 1992 to any school which has a policy already in effect prohibiting all tobacco product usage in the school on July 21, 1992.

SECTION 8. Section 23-22-3 of the General Laws in Chapter 23-22 entitled "Licensing of Swimming Pools" is hereby amended to read as follows:

23-22-3. Periodic inspection of pools.

The department of health shall at least once each year, and at such shorter intervals as it may deem advisable, cause inspections to be made to ascertain whether each swimming pool is being maintained in compliance with the rules and regulations of the department of health. In the case of any swimming pool opened for use subsequent to April 25, 1928, the fFirst inspections of swimming pools open for use shall be made within thirty (30) days after the receipt of an application for a license for that swimming pool.

SECTION 9. Sections 23-24.5-5, 23-24.5-6, 23-24.5-7, 23-24.5-12, 23-24.5-14 and 23-24.5-23 of the General Laws in Chapter 23-24.5 entitled "Asbestos Abatement" are hereby amended to read as follows:

23-24.5-5. Asbestos exposure standards.

(a) No owner of a structure with friable asbestos or with friable asbestiform materials, or any person or entity owning or controlling asbestos or asbestiform products in a friable state, shall allow any person to be exposed to asbestos or asbestiform materials in a friable condition when the exposed condition is a violation of a provision this chapter, or of a regulation issued pursuant to the authority of this chapter, or of an abatement plan approved by the director.

(b) Prior to the effective date of an air exposure standard established by the director, the indoor non occupational air exposure standard for asbestos exposure shall be 0.01 fibers longer than five (5) micro meters per cubic centimeter (f/cc) as measured by OSHA-NIOSH phase-contrast optical microscopic methods and calculated as an eight (8) hour time weighted average (or three hundred (300) nanograms per cubic meter).

(c) The director is authorized to issue regulations for the following purposes:

(1) To limit the sale and use of asbestos and asbestiform materials which the director deems to be a potential danger to the public health;

(2) To establish indoor environmental nonoccupational air exposure standards, stated as a given number of fibers per cubic centimeter (f/cc) and calculated as an eight (8) hour time weighted average;

(3) To establish asbestos inspection and evaluation criteria;

(4) To establish criteria including air monitoring useful in ranking the severity of the asbestos problem in a particular building in order to determine the need by the owner for the submission of an abatement plan to the director;

(5) To establish criteria for the submission of an abatement plan by the owner of a public building or a building in the high and intermediate priority groups;

(6) To establish public occupancy standards for buildings containing friable asbestos;

(7) To establish criteria for the registration, licensure, and certification of persons involved in asbestos abatement; and

(8) To develop educational material informing actions of asbestos hazards in their residences.

(d) In acting thereon, the director shall take into consideration the following guidelines:

(1) The director shall give due consideration to uniform rules and definitions with those of other states and the United States, without endangering the public health and without lessening standards established by this chapter;

(2) Except for their asbestos air exposure standards, the director shall give due consideration to the standards contained in the U.S. environmental protection agency documents Asbestos Containing Materials in School Buildings, a Guidance Document, Part 2 (Sawyer, R.M., Spooner, D.M.) and EPA Report no. 560/5-83-002, Guidance for Controlling Friable Asbestos Containing Materials in Buildings; and the New Jersey Asbestos Policy Commission's Report to the Governor, March 1985;

(3) The director shall seek to minimize the risk of possible injury or death from the use and/or sale of asbestos or asbestiform materials as that risk is weighted against commercial necessity and practicality in considering whether or not to ban or limit the future use and/or sale of such materials;

(4) Indoor environmental nonoccupational air exposure standards established shall only allow human exposure to friable asbestos at a level lower than or equal to the standard established by this chapter.

(e) Within three hundred and sixty (360) days of July 1, 1985, the The director shall hold a public hearing to determine whether or not to issue a regulation to lower the re-occupancy air exposure level for high priority buildings to 0.003 fibers per cubic centimeter (or 100 nanograms per cubic meter) and to otherwise issue regulations regarding asbestos exposure and abatement.

23-24.5-6. Asbestos abatement plans.

(a) The owner of any public or private building containing friable asbestos material in violation of this chapter who shall, within one hundred twenty (120) days of notice of the violation, file an abatement plan with the director, shall be relieved of liability for the violation during the abatement process. For buildings in the high and immediate priority group found by the director or the director's agents to require abatement after inspection, the director shall so notify in writing, in the case of public buildings, the appropriate public agency or elected, appointed, or employed official with jurisdiction over the building; or, in the case of a private building, the owner or manager of the building.

(b) (1) That person or agency shall, within one hundred twenty (120) days of the notice, file an asbestos abatement plan with the director. Such a plan shall describe in detail the results of any asbestos detection tests performed, a blueprint of the structure involved, a program designed to:

(i) Monitor the physical conditions of asbestos containing materials,

(ii) To educate the building staff and occupants regarding the presence of asbestos,

(iii) To minimize the likelihood of fiber release, and

(iv) To minimize the potential of human exposure to asbestos.

(2) The plan should further include a description of the remedies proposed, including but not limited to repair, enclosure or encapsulation, and/or removal, the process of selection and criteria for hiring licensed contractors, a time schedule for completion, disposal location, and the level of compliance with exposure and action criteria expected to be achieved.

(3) The requirement for filing an asbestos abatement plan with the director prior to the removal of any friable asbestos material shall be waived whenever a public building, private building, or residence has been ordered demolished by a municipal building official in accordance with 23-27.3-125.5; provided that all friable asbestos material is removed from the building prior to demolition by a licensed asbestos contractor following an asbestos abatement plan previously approved by the director specifically for the demolition of unsafe structures. The director may require the filing of whatever documentation may be deemed necessary to insure that compliance with the act has been met.

(c) The director shall, within ninety (90) days of submission of a plan, either approve, amend, or reject the plan of abatement.

(d) Within one hundred eighty (180) days after July 1, 1985, the director shall issue regulations establishing criteria for the inspection of buildings, identification and evaluation of asbestos hazard, the ranking of asbestos abatement, and the development of abatement plans.

(e) The owner of any building failing to comply with an order of abatement issued by the director, after hearing, shall be fined by the director an amount not exceeding two thousand five hundred dollars ($2,500) a day and/or having the area in violation subject to closure. No fine shall apply if access to the area is limited to individuals designated as competent persons for the area or certified as consultants in accordance with rules or regulations promulgated pursuant to the authority conferred by this chapter.

(f) The director may assess fees for review of asbestos abatement plans submitted in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.

(g) Any approval of an asbestos abatement plan issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section shall become invalid unless the work authorized by that approval shall have been commenced within six (6) months after its issuance; provided that, for cause, an extension of time for a period not exceeding ninety (90) days has not been granted. All extensions must be in writing and signed by the director or his or her designee. For the purposes of this section, any approval issued shall not be considered invalid if the suspension or abandonment is due to a court order prohibiting that work as authorized by that approval.

(h) Notwithstanding any approval issued by the director in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, all abatement activity performed in conjunction with an approved asbestos abatement plan must be in compliance with the most current revision of all applicable federal, state, and local regulations, unless that approval already requires compliance with a more restrictive standard.

(i) The director may revoke any approval issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section in the event that the granting of the approval was based upon statements which prove to be false or based on misrepresentation of fact. Any aggrieved party shall have the right to a hearing on any such revocation. The request for a hearing shall be in writing and shall be made within ten (10) days of the decision.

(j) Except as otherwise provided in (b)(iv) above, all renovation and/or demolition activities involving asbestos containing material (ACM) shall be assumed to produce friable ACM and shall require department approval of an asbestos abatement plan prior to undertaking said renovation and/or demolition activity.

23-24.5-7. Health department inspections.

(a) The director, or his or her designee, or any inspector employed by the department of health or the department of labor and training designated by the director of health, as the case may be, is authorized to inspect at a reasonable time, without prior notice, as part of an overall plan of periodic inspection, or to respond to a complaint of the existence of friable asbestos material, any building, except private residences, in which a person may become exposed to friable asbestos or asbestiform material. Any person refusing entry to a designated public health inspector or obstructing an inspection ordered by the director shall be fined by the director a sum not exceeding two thousand five hundred dollars ($2,500) for each violation.

(b) The director of health shall, through a designee, inspect and evaluate all high priority buildings within eighteen (18) months of July 1, 1985. Thereafter, s State inspectors shall conduct inspections of the following types of buildings, on an equal basis: public and private high priority buildings, initial inspections of public intermediate priority buildings, and inspections prompted by the complaint process.

(c) The director shall not be precluded from requiring abatement of a friable asbestos hazard in the event an air monitoring test does not establish that the indoor nonoccupational air exposure standard has been exceeded.

(d) The director may assess fees for inspections conducted in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that the fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.

23-24.5-12. Licensure of asbestos contractors.

(a) No person or entity shall undertake an asbestos abatement project or dispose of friable asbestos materials in or from any building or demolition of any portion of a structure containing friable asbestos or asbestiform material unless the director has licensed that person or entity as qualified for those purposes. Any building owner who causes an asbestos abatement project or disposal of friable asbestos materials to be undertaken in violation of either this section or any rules or regulations promulgated pursuant to the authority conferred by this section shall also be subject to the enforcement provisions of this section.

(b) Notwithstanding any other law or regulation, no building permit or demolition permit involving asbestos abatement shall be issued by any municipal or state official unless the application for the permit includes a certified copy of an approved abatement plan and a certified copy of the license of the asbestos contractor who shall undertake the work.

(c) [Deleted by 1996, ch. 237, 1.]

(dc) No asbestos abatement projects shall be undertaken after July 1, 1985 unless the contractor involved is licensed by the director and its asbestos abatement plan is approved by the director.

(ed) Within two hundred and seventy (270) days of July 1, 1985, t The director shall establish procedures and issue regulations for the licensure of asbestos contractors and their supervisors, and for the training of the employers of asbestos employees. The director is further authorized to establish procedures and regulations for the licensure of asbestos workers. The director may assess fees for asbestos worker licenses issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.

(fe) The director shall in establishing licensure criteria for asbestos contractors, consider the following factors: (1) the contractor's experience, (2) financial qualifications to abate asbestos properly, (3) a company's history of safe and proper abatement, (4) a history of compliance with department regulations, and (5) proof of completion of training programs approved by the director.

(gf) Each person licensed by the director shall be issued by the director a photograph identification card containing the license which that person must keep in his or her possession at each work site.

(hg) The director may assess fees for asbestos contractor and site supervisory personnel licenses issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that such fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.

(ih) For cause, and for violation of the regulations of the director, the director or his or her designee may suspend or revoke a license issued pursuant to this section.

(ji) The director shall maintain a public list of licensed contractors and shall annually publish that list in a state newspaper of general circulation.

23-24.5-14. Training, curricula, and certification.

(a) (1) The director, within two hundred seventy (270) days of July 1, 1985 shall establish procedures and regulations for the following procedures:

(i) For the certification of a competent person, of designated public maintenance employees, of designated teacher and parent representatives, of in-state laboratories, and of private consultants or inspectors;

(ii) Establish standards and specifications for training courses based upon, but not limited to, those included in this chapter and to certify that training;

(iii) To train directly or by contract maintenance personnel or competent persons;

(iv) To certify and train designated public maintenance personnel and workers in the private sector, including but not limited to electricians, contractors, plumbers, in safe techniques of spot asbestos repair.

(2) Each person so trained and certified shall be issued an "asbestos certified" photo identity card; and only those carded persons shall be permitted to do spot repairs on asbestos in the buildings of their jurisdiction. Any person certified for spot repair but not as an asbestos "contractor" shall not undertake any asbestos abatement project larger than the size limits of a spot repair as defined by the director and shall follow all safe work practices for spot repair work as required by the director. Those employees in violation of these provisions and/or their employer shall be subject to a fine of no more than five hundred dollars ($500) per violation.

(b) As a guideline for approval of a certified training program for asbestos contractors, the director shall give due consideration to a course of thirty-two (32) hours of instruction covering the following topics:

(1) The nature of asbestos hazards, and a review of improper abatement procedures such as dry removal, lack of protective barriers, and poor respirator fit problems;

(2) The medical effects of asbestos exposure, the mechanics of human respiration, the nature of asbestos disease conditions, their diagnosis and evaluation, and medical asbestos surveillance methods in exposed populations;

(3) Federal and state asbestos regulations including OSHA and EPA regulations, Right-to-Know laws, and this chapter;

(4) Current protection standards, including the role of respirators, appropriate housekeeping procedures, appropriate hygiene, the synergism effects of asbestos with smoking, and the importance of decontamination procedures;

(5) The proper preparation of the work area including, but not limited to, the proper repair and removal abatement techniques, sealing and isolation methods in the work environment, the use of negative pressure air filtration barriers, the avoidance of power tools, the need for wetting down of asbestos materials, bagging and labelling of asbestos materials, proper waste storage, and removal of material;

(6) Industrial hygiene: identifying asbestos containing materials, study of decision protocol for evaluation and prioritizing of abatement, air sampling and other monitoring techniques, negative air pressure filtration system and high efficiency particulate air (HEPA) filter systems.

(c) The director may assess fees for certifications issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.

(d) Notwithstanding the requirements contained in paragraphs (a) and (b) of this section, the director may also establish procedures or regulations for reciprocal recognition of training courses and/or certification programs for asbestos contractors, site supervisory personnel and/or asbestos abatement workers. The director may assess fees for reciprocal recognition of training courses and/or certification programs for asbestos contractors, site supervisory personnel and/or asbestos abatement workers issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that such fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.

23-24.5-23. Asbestos advisory board.

(a) There is hereby established an asbestos advisory board consisting of eleven (11) members within the department of health.

(b) The purpose of the board shall be as follows:

(1) To monitor the implementation of this chapter, toward which end the records of all departments and agencies of state government relating to the asbestos abatement program shall be made accessible to the chairperson of the asbestos advisory board upon request, providing that the board has so directed the chairperson by a vote of the board as a whole;

(2) To report on or before March 1 of each year to the speaker of the house and the majority leader of the senate of any legislative changes required in this chapter;

(3) To advise the director on the desirability of proposed regulations.

(c) The members of the board shall be electors and shall be appointed as follows:

(1) There shall be three (3) ex officio members: the director of health, the director of administration, and the commissioner of elementary and secondary education or their designees;

(2) There shall be three (3) public representatives, two (2) to be appointed by the speaker and one by the senate majority leader, and there shall be five (5) members appointed by the governor, one of whom shall be a physician familiar with asbestos problems, one of whom shall be a qualified environmental health expert, and one of whom shall be an architect or engineer familiar with asbestos problems, one of whom shall be an asbestos contractor, and one of whom shall be a lawyer. The appointments shall be made on or before August 1, 1985.

(d) The term of office of each member shall be for a period of three (3) years except that in the case of the initial appointments of public and professional members, one by the speaker and one by the governor shall be for two (2) years and one by the speaker and three (3) by the governor shall be for one year. Each member shall serve until a successor is appointed or designated. In the month of August of each year, the members shall elect from among their members, a chairperson, vice chairperson and secretary. Any member absent for three (3) or more consecutive meetings shall be considered as having vacated the office. Six (6) members shall be considered a quorum, and the board may fulfill any of its duties by a subcommittee of four (4) members present. (e) The board may engage such experts and secretarial staff as necessary at a rate of pay approved by the unclassified pay board.

(f) The director shall provide such meeting and hearing rooms as the board may require.

SECTION 10. Sections 23-24.6-5, 23-24.6-7, 23-24.6-8, 23-24.6-9, 23-24.6-10, 23-24.6-12, 23-24.6-14, 23-24.6-15, 23-24.6-16, 23-24.6-17, 23-24.6-19, 23-24.6-20, 23-24.6-21 and 23-24.6-27 are hereby amended to read as follows:

23-24.6-5. Comprehensive environmental lead program.

(a) There is hereby established within the department of health a comprehensive environmental lead program which shall be responsible for creating a coordinated and comprehensive program for primary lead poisoning prevention. The program shall exercise any and all authorities of the department which may be necessary and appropriate, including but not limited to promulgating and enforcing regulations.

(b) The department shall develop an educational program regarding environmental lead exposures and lead poisoning.

(c) The department shall promulgate regulations for acceptable environmental lead levels in dwellings and in buildings or properties frequently used by children under the age of six (6) years, including standards for lead on painted surfaces and surface coatings, drinking water, household dusts, and soil. Such regulations may initially be promulgated as emergency regulations and shall be promulgated no later than July 1, 1992.

23-24.6-7. Screening by health care providers.

(a) The department shall promulgate regulations establishing the means by which and the intervals at which children under six (6) years of age shall be screened for lead poisoning. These regulations shall be promulgated no later than July 1, 1992. The department is also authorized to require screening for lead poisoning in other high risk groups.

(b) Beginning January 1, 1993, eEach physician registered or licensed by Rhode Island or any agency thereof shall screen children under six (6) years of age for lead poisoning at the intervals and using the methods specified in the regulations adopted pursuant to subsection (a). Each licensed, registered or approved health care facility serving children under six (6) years of age, including but not limited to hospitals, clinics, and health maintenance organizations, shall take appropriate steps to ensure that their patients receive screening for lead poisoning at the intervals and using the methods specified in said regulations.

(c) All health care programs funded in whole or in part with state money and having child health components shall, by no later than January 1, 1993, include, require, and/or provide for screening children under six (6) years of age for lead poisoning at the intervals and using the methods specified in the regulations promulgated under this section.

(d) The provisions of this section shall not apply if the parents of the child object to the child undergoing blood lead screening on the grounds that the screening conflicts with their religious tenets and practices.

(e) All blood samples taken by physicians or other health care providers licensed in Rhode Island or by licensed, registered, or approved health care facilities in Rhode Island from children under the age of six (6) years for the purpose of screening for blood lead level shall be sent to the state laboratory in the department of health for laboratory analysis.

(f) The department shall, at least annually, analyze and summarize all of the lead screening information provided by physicians, health care facilities, and laboratories and provide this information to all other local and state agencies involved with case management and lead hazard reduction. An analysis and summary of the data shall also be made available, at least annually, to the health care community, to the general assembly, and the general public in a format that is easily understandable to non -technical readers.

23-24.6-8. Screening prior to child care or school enrollment.

(a) Beginning January 1, 1994, e Each child care provider licensed, certified, or approved by any Rhode Island state agency shall obtain from a parent or guardian of each child in care under the age of six (6) years, but not less than nine (9) months of age, evidence that the child has been screened for lead poisoning or a certificate signed by the parent or guardian stating that blood testing is contrary to that person's beliefs.

(b) Beginning January 1, 1993, e Each public and private nursery school and kindergarten shall, prior to initial enrollment of a child, obtain from a parent or guardian of the child evidence that the child has been screened for lead poisoning according to guidelines established under 23-24.6-7, or a certificate signed by the parent or guardian stating that blood testing is contrary to that person's beliefs.

23-24.6-9. Reimbursement by third party payers.

Screening for lead poisoning and lead screening related services for children under six (6) years of age as required by department regulations and diagnostic evaluations for lead poisoning for children under six (6) years of age, including, but not limited to, confirmatory blood lead testing, shall, beginning no later than January 1, 1992, be a covered health benefit and be reimbursable under any general or blanket policy of accident or health insurance offered by an insurer except for supplemental policies which only provide coverage for specific diseases, hospital indemnity medicare supplements, or other supplemental policies. Beginning no later than January 1, 1992 t The department of human services shall pay for the lead screening and lead screening related and diagnostic evaluation services where the patient is eligible for medical assistance under the provisions of chapter 8 of title 40. The department of health shall pay for the lead screening and lead screening related and diagnostic evaluation services where the patient is not covered by any health insurance. All companies which are self insured for health care services will be encouraged by the department to participate as other insurers.

23-24.6-10. Lead screening restricted receipt account.

On or before January 1, 1992, t The director shall establish procedures for lead screening, laboratory testing, and reimbursement. The state laboratory services shall be billed to and reimbursed by insurers. Fees shall be set based upon the rates paid by the insurers to private laboratories for blood lead analysis. All reimbursement fees paid to the department shall be deposited into the general fund. General revenue appropriations for the lead screening program shall be used for:

(1) Administration of the comprehensive environmental lead program, including performance of environmental lead inspections by state inspectors for enforcement purposes, and development, administration, and coordination of a comprehensive educational program on environmental lead exposures and lead poisoning;

(2) Provision of comprehensive environmental lead inspections and technical assistance on appropriate environmental lead hazard reduction to families of significantly lead poisoned Rhode Island children and to families of uninsured and underinsured lead poisoned Rhode Island children on a priority basis by blood lead level; regulations clearly identifying the blood lead level corresponding to significant lead poisoning and the mechanism for prioritizing by blood lead level shall be promulgated no later than July 1, 1992;

(3) Provision of comprehensive environmental lead inspections and technical assistance on appropriate environmental lead hazard reduction to preschools, day care facilities, nursery schools, public and private elementary schools, and foster homes and shelters serving children under the age of six (6) years;

(4) Provision of funds to the department of environmental management for enforcement of fugitive dust regulations designed to reduce or eliminate the hazards caused by removal of leaded paint from the exterior of structures;

(5) Administration of a childhood blood lead testing program by the department's division of laboratories, including processing, analyzing, and reporting childhood blood lead samples;

(6) Provision of the necessary blood lead screening and follow up blood lead testing for uninsured and underinsured preschool children in Rhode Island; and

(7) Development of a data management system which can be used to track cases of lead poisoning to ensure that they receive timely and appropriate medical treatment, to monitor homes for environmental lead inspections and lead hazard reduction, and to investigate the extent of childhood lead poisoning in Rhode Island.

23-24.6-12. Comprehensive environmental lead inspections.

The department shall develop and promulgate regulations for conducting comprehensive environmental lead inspections. These regulations shall be promulgated no later than July 1, 1992. These regulations shall, at a minimum, include procedures for:

(1) Inspecting, testing, and/or sampling of drinking water, household dust, painted surfaces, soil, and/or other appropriate fixed surfaces that may contain lead;

(2) Notification of owners, occupants, and mortgagees and lienholders and/or the posting of warnings when unacceptable environmental lead levels are identified during an inspection; and

(3) Notifying the department of the results of inspections.

23-24.6-14. Inspection of child care facilities.

(a) The director shall, no later than January 1, 1993, promulgate regulations requiring that as a condition of licensure all preschools, day care facilities, nursery schools, public and private elementary schools and schoolyards, public playgrounds, and shelters and foster homes serving children under the age of six (6) years in Rhode Island:

(1) Receive comprehensive environmental lead inspections at specified intervals; and

(2) Demonstrate that they are either lead free or lead safe.

(b) The director, shall, using state inspectors, conduct comprehensive environmental lead inspections for all such facilities at the specified intervals, provided that the first inspections shall be completed no later than January 1, 1994.

23-24.6-15. Inspections of rental property.

(a) The director shall, no later than January 1, 1993, promulgate regulations permitting state inspectors to conduct comprehensive environmental lead inspections in response to any complaint to the department by an occupant or the parent or guardian of any child under the age of six (6) years who is an occupant renting or leasing a dwelling, dwelling unit, or premises of the existence of a lead exposure hazard for a child under the age of six (6) years in that dwelling, dwelling unit, or premises. These regulations will allow for response to the complaints to be prioritized based upon the age of the structure and the nature and degree of hazard present.

(b) Whenever a comprehensive environmental lead inspection has been performed either pursuant to a complaint or otherwise, the owner and/or any real estate agent or property manager involved in renting or leasing the dwelling, dwelling unit, or premises shall provide the results of the inspection to occupants pursuant to regulations promulgated by the department, as follows:

(1) Those persons occupying the dwelling, dwelling unit, or premises at the time the inspection is performed shall be notified of the results within five (5) business days after the owner receives the results;

(2) All persons who are prospective occupants shall be notified of the inspection results, if a significant lead hazard exists, before any lease is signed or before occupancy begins in cases where no lease is signed.

(3) This notice provision terminates with the performance of the necessary lead reduction actions required to reach at least the "lead safe" level. The department shall provide the owner with a certification of lead reduction for the dwelling.

(c) Failure to provide inspection results and/or educational materials pursuant to this section shall subject the lessor or his or her agent to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation.

23-24.6-16. Notice prior to residential property transfer.

(a) Not later than twelve (12) months from January 1, 1995 t The department shall issue regulations for the disclosure of lead exposure hazards and potential lead exposure hazards in a residential dwelling, dwelling unit, or premise that is offered for sale or lease. These regulations, at the minimum, shall incorporate the requirements of 1018 of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 (PL 102-550), 42 U.S.C. 4852d, and shall additionally require an owner of a residential dwelling, dwelling unit, or premise offered for sale or lease to provide copies of results of any lead inspection performed in the dwelling, dwelling unit, or premise and copies of educational materials developed by the department, including information about the requirements of this section and programs that provide financial assistance for comprehensive environmental lead inspections or lead hazard reduction.

(b) The department shall prepare written materials concerning environmental lead exposures and lead hazards which shall be made available to real estate brokers and agents. The materials shall also be made available to the general public by the department.

(c) The duties required under this section are not exclusive and do not replace or alter any duty imposed upon the owner to perform lead hazard reduction as required by this chapter.

(d) In no instance shall the receipt of the disclosures required by this section operate as or be construed as a bar to relief or in any manner be used as an affirmative defense for an owner, operator, or real estate agent in any statutory or common law action.

(e) The department shall establish a registry of real estate for which a comprehensive environmental lead inspection has been performed. The registry shall be cross-indexed by the owners' name, street address, as well as the assessor's lot and plat number for the applicable city or town.

23-24.6-17. Lead hazard reduction.

(a) The director shall promulgate lead hazard reduction regulations. These regulations shall be promulgated no later than July 1, 1992. These regulations shall:

(1) Specify the circumstances under which owners of dwellings, dwelling units, or premises must undertake lead hazard reduction in order to remedy conditions that present a clear and significant health risk to occupants of the dwelling, dwelling unit, or premises;

(2) Define lead hazard reduction with respect to both the sources of lead that must be treated and acceptable and unacceptable treatment methods;

(3) Require owners to make all reasonable efforts to ensure that occupants are not present during the lead hazard reduction; variances may be granted according to regulations; provided, that the owners are not responsible for providing alternative housing. Furthermore, if the occupants refuse to vacate the premises after all reasonable efforts by the owner to ensure compliance within this section, then the owners are exempt from any liability arising out of the occupants' noncompliance. If the occupants are required to vacate the premises for a three (3) day period or longer, there shall be a pro-rata adjustment or abatement of the rent during the period of lead hazard reduction.

(4) Specify containment and clean up measures to be taken as part of lead hazard reduction activities;

(5) Contain measures to protect the occupational safety and health of lead inspectors, contractors, supervisors, workers, and other persons who perform lead hazard reduction which may be more, but not less, stringent than applicable federal standards; and

(6) Specify the circumstances under which owners of dwellings, dwelling units, or premises must undertake lead hazard reduction to at least the lead safe level of protect occupants and neighbors.

(b) The owner of any dwelling, dwelling unit, or premises shall be considered as an "innocent owner" and liability as to lead poisoning is limited to the reduction of any lead hazard as determined by a comprehensive environmental lead inspection within the requirements of the Housing Maintenance and Occupancy Code, chapter 24.3 of title 45. The "innocent owner" provision will cease upon the owner's unreasonable failure to correct any lead paint violation within ninety (90) days of notice as provided in that chapter. Provided, however, any owner who has received notices on three (3) or more properties shall be presumed to be an unreasonable failure to correct.

(c) The owner of any dwelling, dwelling unit, or premises who fails to provide for lead hazard reduction as required by department regulations shall be issued a notice of violation by the director in the manner provided by the Housing Maintenance and Occupancy Code, chapter 24.3 of title 45. In addition to any other enforcement authority granted under this chapter, the department shall have the authority to utilize pertinent provisions of that code in enforcing this section in the same manner as an enforcing officer under the code, including but not limited to the provisions of 45-24.3-17 - 45-24.3-21, except that the director or his or her designee may provide a reasonable time up to ninety (90) days for the correction of any violation alleged, and provided further, except where there exists a hardship as to financing the lead hazard reduction, or where material, personnel, or weather delays the reduction completion.

(d) (1) One or more lead paint waste depositories shall be established and be in operation by January 1, 1993. The department of environmental management shall work with the solid waste management corporation to promulgate regulations governing these lead paint waste depositories.

(2) Each lead paint waste depository may set fees to cover the costs of lead paint waste storage, reduction, consolidation, incineration, and/or out of state disposal.

23-24.6-19. Fugitive dust.

(a) The department of environmental management shall, not later than February 1, 1992, revise its air pollution control regulation number 5 relating to "fugitive dust", developed under authority conferred by the Clean Air Act, chapter 23 of title 23, so as to prevent the uncontrolled dispersal of lead bearing dust into the air and soil. The revised regulations shall control all sandblasting and powered sanding of exterior surfaces with lead containing paint or surface coatings under conditions specified by the department of environmental management.

(b) In addition to any other authority currently held, the department of environmental management shall have the authority to conduct soil sampling and other appropriate environmental lead sampling in enforcing the air pollution control regulation number 5 relating to "fugitive dust".

23-24.6-20. Licensure or certification of environmental lead inspectors and lead contractors, supervisors, and workers.

(a) No later than July 1, 1992, t The department shall provide for the certification of training programs for environmental lead inspectors and for lead contractors, supervisors, workers, and other persons engaged in environmental lead hazard reduction. The department shall establish standards and specifications for training courses including, at a minimum, the required length of different training programs, mandatory topics of instruction, and required qualifications for training programs and instructors. Hands on instruction shall be a component of the required training.

(b) No later than January 1, 1993, t The department shall establish procedures and issue regulations requiring the certification of environmental lead inspectors and the licensure or certification, as appropriate, of all lead contractors, supervisors, workers, and other persons engaged in environmental lead hazard reduction. These regulations:

(1) Shall prescribe the requirements for licensure and certification and the conditions and restrictions governing the renewal, revocation, and suspension of licenses and certificates; requirements for licensure and for renewal of licensure shall include, but not be limited to, the following:

(i) Compliance with the lead hazard reduction regulations in 23-24.6-17; and

(ii) Required training of environmental lead inspectors and of lead contractors, supervisors, workers, and other persons engaged in environmental lead hazard reduction in subjects including, but not limited to, safe work practices, instruction in health risks, precautionary measures, protective equipment, and other practices including practices to prevent contamination of the residential premises, ambient discharges and ground contamination, respiratory protection, new lead hazard reduction techniques and technologies, applicable federal and state regulation, and hands on instruction for equipment and techniques to be used; a minimum of twenty (20) hours of training shall be required as a condition of licensure for workers; additional hours of training shall be required for supervisors and contractors; annual refresher training shall also be required;

(2) May provide for Rhode Island to reciprocally certify and/or license persons certified and/or licensed by other states with comparable requirements.

(c) No person shall enter into, engage in, or conduct comprehensive environmental lead inspections or environmental lead hazard reduction activities covered by department regulations once those regulations have been promulgated as specified in 23-24.6-12 without having successfully completed a certified training program and without having been certified or licensed, as appropriate, by the department. Each person so trained and certified or licensed shall be issued a photo identity card.

(d) The department shall develop and periodically update lists of all licensed and certified inspectors, contractors, supervisors, workers and other persons who perform environmental lead hazard reduction in Rhode Island and make those lists available to interested parties and the public.

(e) (1) The department shall enforce the provisions of this section as appropriate and shall have all necessary powers therefore.

(2) The department may revoke, suspend, cancel, or deny any certification or any license, at any time, in accordance with chapter 35 of title 42 if it believes that the terms or conditions thereof are being violated or that the holder of, or applicant for, the certification or license has violated any regulation of the department or any other state law or regulation. Any person aggrieved by a determination by the department to issue, deny, revoke or suspend any certification or license may request an adjudicatory hearing.

(3) Whenever any person violates the terms or conditions of any certification or license issued under this section or any state law or regulation, the director shall have the power by written notice to order the violator to cease and desist immediately. The department may file a written complaint with the district court in the jurisdiction in which the violation occurred. Punishment by fine not to exceed one thousand dollars ($1,000) under this section may be in addition to the suspension of any license or certification.

(4) Any state inspector may issue an immediate cease work order to any person who violates the terms or conditions of any license or certification issued under this section or any provision of this chapter or any regulation or order issued thereunder if the violation will endanger or materially impair the health or well being of any occupant, any environmental lead inspector, or any contractor, supervisor, worker, or other person engaged in environmental lead hazard reduction.

(f) Nothing in this section shall be construed to limit the authority of the department of health, the department of labor and training, or the department of environmental management under the provisions of any other law.

23-24.6-21. Laboratory certification.

(a) The department shall develop and promulgate regulations for analysis of lead in blood and in environmental media including but not limited to dust, soil, paint, pewter, pottery, and water. These regulations shall be promulgated no later than July 1, 1992.

(b) The department shall, no later than July 1, 1992, certify laboratories performing lead analyses under the department's laboratory improvement program to ensure that the laboratories comply with the regulations for analysis of lead in blood and in environmental media.

(c) All certified laboratories shall report blood lead testing results to the department as required by department regulations.

23-24.6-27. Administrative fines.

(a) In addition to any other enforcement authority granted under this chapter, whenever on the basis of any information, the department determines that a person has violated or is in violation of 23-24.6-12, 23-24.6-13, 23-24.6-14 or 23-24.6-15 regarding inspections, 23-24.6-17 regarding lead hazard reduction, or 23-24.6-20 regarding licensure or certification, any rule or regulation promulgated pursuant to any of these sections, or any orders issued under any of these sections, rules or regulations, the director may issue an order civilly fining the person one hundred dollars ($100) per day for any current or past violation, requiring compliance immediately or within a specified time period, or both. Each day of continued violation may be considered a separate violation. Each violation in any premises may be considered a separate violation.

(b) Within thirty (30) days after any order issued pursuant to this section is served, the order shall become final unless the person or persons named in the order request a hearing. Upon that request, the director shall conduct a hearing as soon as reasonably possible.

(c) In connection with any proceeding under this section the director may issue subpoenas for attendance and testimony of witnesses and the production of papers, books, documents, and other materials.

(d) If any person liable to pay any civil fine neglects or refuses to pay after demand, the amount together with interest and any other costs that may accrue shall be a lien in favor of the state upon only the real property of the person which is subject to the order only after the lien has been entered and recorded in the city/town in which the property is situated.

(e) In determining the amount of any civil fine pursuant to this section, the director shall consider the willfulness of the violation, the ability of the violator to comply, damage or injury to public health and welfare, the costs incurred by the state, and any other relevant factors.

(f) Within ninety (90) days after June 22, 1994, t The director shall issue regulations to implement this section. At a minimum, the regulations shall set forth how long after receiving any order from the director or any other notice of a violation a person has to comply with the law before civil fines will be assessed, the circumstances in which no grace period will apply, the circumstances in which any grace period may be extended, and the procedure and times frames to request an extension.

(g) Any fines levied pursuant to this section shall be done in lieu of any civil penalties issued pursuant to 45-24.3-18(a), and no housing authority shall issue any civil penalty for the same violation.

SECTION 11. Sections 23-25-6 and 23-25-10 of the General Laws of Chapter 23-25 entitled "Pesticide Control" are hereby amended to read as follows:

23-25-6. Registration.

(a) Every pesticide which is distributed in the state shall be registered with the director subject to the provisions of this chapter, and shall be categorized for registration purposes. Such categories shall be: "consumer protection and health benefits products" which means all disinfectants, sanitizers, germicides, biocides and other pesticides labeled for use directly on humans or pets or in or around household premises; and "agricultural and other pesticides," which means restricted-use pesticides and other pesticides that are not consumer protection and health benefits products. That registration shall be renewed annually prior to January 31; provided, that registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of this chapter or if the pesticide is distributed under the provisions of an experimental use permit issued under 23-25-7 or an experimental use permit issued by EPA.

(b) The applicant for registration shall file a statement with the director which shall include:

(1) The name and address of the applicant and the name and address of the person whose name will appear on the label, other than the applicant's;

(2) The name of the pesticide;

(3) Other necessary information required for completion of the department of environmental management's application for registration form;

(4) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided for in FIFRA.

(c) The director, when he or she deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide, including the active and inert ingredients.

(d) The director may require a full description of the tests made and the results thereof upon which the claims are based on any pesticide not registered pursuant to 3 of FIFRA, 7 U.S.C. 136a, or on any pesticide on which restrictions are being considered. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered.

(e) The director may prescribe other necessary information by regulation.

(f) The applicant desiring to register a pesticide shall pay an annual registration fee of fifty dollars ($50.00) to the general treasurer for each pesticide registered for the applicant which shall be credited by the general treasurer to the pesticide relief fund. Commencing November 1, 1987 and aAnnually on that date thereafter November 1 the general treasurer shall notify the director of the amount of funds contained in the pesticide relief fund. If the pesticide relief fund shall exceed one million dollars ($1,000,000) on that date, the annual registration fee for the next following year commencing December 1 shall be twenty-five dollars ($25.00) which shall become part of the general fund. All registrations shall expire on November 30, of any one year, unless sooner cancelled; provided, that a registration for a special local need pursuant to this section which is disapproved by the administrator, EPA, shall expire on the effective date of the administrator's disapproval.

(g) Any registration approved by the director and in effect on the 31st day of January, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until such time as the director notifies the applicant that the registration has been renewed, or otherwise denied, in accord with the provisions of 23-25-8. Forms for reregistration shall be mailed to registrants at least thirty (30) days prior to the due date.

(h) (1) Provided the state of Rhode Island is certified by the administrator of EPA to register pesticides pursuant to 24(c) of FIFRA, 7 U.S.C. 136v(c), the director shall require the information set forth under subsections (b), (c), (d), and (e) and shall, subject to the terms and conditions of the EPA certification, register the pesticide if he or she determines that:

(i) Its composition is such as to warrant the proposed claims for it;

(ii) Its labeling and other material required to be submitted comply with the requirements of this chapter;

(iii) It will perform its intended function without unreasonable adverse effects on the environment;

(iv) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects on the environment; and

(v) A special local need for the pesticide exists.

(2) Prior to registering a pesticide for a special local need, the director shall classify the use of the pesticide for general or restricted use in conformity with 3(d), 7 U.S.C. 136a(d), of FIFRA; provided, that the director shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two (2) pesticides meet the requirements of this paragraph, one should not be registered in preference to the other.

(3) The director may develop and promulgate such other requirements by regulation as are necessary for the state plan to receive certification from EPA.

23-25-10. Applicator categories for certification - Standards.

(a) The director shall adopt applicator categories established by EPA by regulation and may establish additional categories and subcategories for certification as may be for the administration and enforcement of this chapter. Separate subcategories may be specified as to ground, aerial, or manual methods used to apply pesticides or to the use of pesticides to control insects, plant diseases, rodents, or weeds. Each category or subcategory shall be subject to separate testing procedures and requirements; provided, that no person shall be required to pay an additional fee if that person desires to be certified in more than one category or subcategory.

(b) The director, in promulgating regulations under this chapter, shall adopt or prescribe standards of competency for the certification of applicators within ninety (90) days after May 28, 1976 which are at least equal to those established by EPA. Those standards may relate to the use and handling of pesticides, or to the use and handling of the pesticide or class of pesticides covered by the individual's certification, and shall be relative to the hazards involved. In determining standards, the director shall consider the characteristics of the pesticide formulation such as: the acute dermal and inhalation toxicity; the persistence, mobility, and susceptibility to biological concentration; the use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information; the relative hazards of patterns of use such as granular soil applications, ultra low volume of dust aerial applications, or air blast sprayer applications; and the extent of the intended use.

SECTION 16. Section 1-2-6 of the General Laws in Chapter 1-2 entitled "Airports and Landing Fields" is hereby repealed.

1-2-6. Powers of airport managers.

Upon his or her appointment and qualification as airport manager, as provided in 1-2-5 [repealed], for the state airport at Warwick or for any other airport constructed or operated by the state, the airport manager shall take possession and assume control of the airport and proceed to operate and manage the airport.

SECTION 17. Section 6-2-16 of the General Laws in Chapter 6-2 entitled "Registration and Protection of Trademarks" is hereby amended to read as follows:

6-2-16. Termination of prior registrations - Notice.

(a) The secretary of state shall within six (6) months after October 1, 1975 notify all registrants of trademarks under prior provisions of law of the date of expiration of the registrations, unless renewed in accordance with the provisions of this chapter, by writing to the last known address of the registrants.

(b) Any registration of trademarks in force on October 1, 1975 shall expire ten (10) years from the date of the registration or one year after October 1, 1975, whichever is later, and may be renewed by filing an application with the secretary of state on a form furnished by the secretary and paying the renewal fee within six (6) months prior to the expiration of the registration.

SECTION 18. Section 6-10-6 of the General Laws in Chapter 6-10 entitled "Labeling of Thread" is hereby amended to read as follows:

6-10-6. Penalty for violations.

Whoever, him or herself or his or her servant or agent or as the servant or agent of another person, Any person, firm, or corporation who willfully violates any of the provisions of this chapter, shall be guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine of not more than fifty dollars ($50.00) for each separate offense.

SECTION 19. Section 6-26-7 of the General laws in Chapter 6-26 entitled "Interest and Usury" is hereby amended to read as follows:

6-26-7. Action on foreign protested bill.

Any person having a right to demand any sum of money upon a foreign protested bill of exchange as aforesaid stated in section 6-26-6, may commence and prosecute an action for principal, damages, interest, and charges of protest against the drawers and endorsers, jointly or severally, or against either of them separately; and judgment shall and may be given for the principal, damages and charges and interest upon the principal after the rate aforesaid established in section 6-26-6, to the time of the judgment, together with costs of suit.

SECTION 20. Section 8-18-10 of the General Laws in Chapter 8-18 entitled "State and Municipal Court Compact" is hereby amended to read as follows:

8-18-10. Exclusive jurisdiction. -- The universal summons shall also be used for any violations of those sections not listed in section 8-18-3; provided, however that the following violations shall remain the exclusive jurisdiction of the administrative adjudication court or the state courts and shall not be within the jurisdiction of any municipal court:

31-11-16

31-11-17

31-11-18

31-11-19

31-11-20

31-12-2

31-12-3

31-14-1

31-20-12

31-26-1

31-26-2

31-26-4

31-26-5

31-27-1

31-27-2

31-27-4

31-26-3

31-3-1

31-8-2

31-8-3

31-9-1

31-9-2

31-9-5

31-9-6

31-10-1

31-10-28

31-11-12

3-8-9

31-8-10

31-38-9

31-41.1-1

31-25-13

31-25-4

31-25-5

31-25-6

31-25-7

31-27-6

31-25-24

31-23-37

31-24-37

31-25-20

31-25-3

31-25-16

31-25-19

11-44-29

31-22-21 21.1

31-27-2.1

11-44-22

31-19.1-2

31-19.2-2

31-9-3

31-10-26

31-27-2.3

31-36.1-17

31-9-1 -- 31-4-3

31-9-11

31-43-1

31-11-18.1

31-27-1.1

 

31-27-2.2

31-15-14

31-23-49

31-12-26

31-22-13

31-22-14

31-23-28

31-27-5

31-23-13.1

31-27-2.7

31-27-2.4

 

31-41-4

(Speeding (B).

       

SECTION 21. Section 11-13-1.1 of the General Laws in Chapter 11-13 entitled "Explosives and Fireworks" is hereby repealed.

11-13-1.1. Limitation of prosecutions - Fines.

No complaint for a violation of any of the provisions of 11-13-1 may be sustained unless it is brought within a reasonable time after the commission of the offense. All fines for these violations shall be paid one-half (1/2) to the complainant and one-half (1/2) to the state.

SECTION 22. Section 12-2-8 of the General Laws in Chapter 12-2 entitled "Railroad, Steamboat, and Bridge Police" is hereby amended to read as follows:

12-2-8. Bridge police included in chapter.

The words "bridge police" shall be included w Whenever the words "railroad police", "steamboat police", and/or "railroad and/or steamboat police" appear in this chapter. , they are deemed to include "bridge police."

SECTION 23. Section 12-4-5 of the General Laws in Chapter 12-4 entitled "Recognizance to Keep the Peace" is hereby amended to read as follows:

12-4-5. Exemption from recognizance - Domestic abuse.

Notwithstanding any other provision of this chapter, no requirement shall be made of any complainant to enter into a recognizance of any sum to prosecute a complaint for domestic assault as defined in 11-5-9 [repealed].

SECTION 24. Section 12-25.1-3 of the General Laws in chapter 12-25.1 entitled "Criminal Royalties" is hereby amended to read as follows:

12-25.1-3. Confiscation of criminal royalties - Criminal royalties fund - Priority of claims against criminal royalties fund.

(a) Every person, firm, corporation, partnership, association, or other legal entity contracting with a criminally responsible person or alleged criminally responsible person or with the legal representative or assignee of the person regarding the commercial exploitation of the events and circumstances constituting and/or surrounding and/or motivating the crime or alleged crime shall submit a copy of the contract, within ten (10) days of its making, to the general treasurer and shall pay to the general treasurer, within ten (10) days of it becoming due and payable, any and all monies or other compensation which would otherwise by the terms of that contract be due and payable to or distributed at the direction of that person. All rights, causes of action, or other entitlements accruing to any criminally responsible person or alleged criminally responsible person or the legal representative or assignee of the person for the commercial exploitation shall inure to and be enforceable by the general treasurer for the benefit of the criminal royalties fund established by this chapter.

(b) All monies paid to or recovered by the general treasurer pursuant to subsection (a) shall be collectively known as the "criminal royalties fund." Except as required for payment of awards under this chapter, the general treasurer shall manage and invest the criminal royalties fund in accordance with 35-10-11.

(c) (1) Claims against any portion of the criminal royalties fund attributable to a specific criminally responsible person shall have the following priorities:

(i) Claims by the state for costs incurred in providing defense counsel for the criminally responsible person by means of the public defender or a court appointed attorney;

(ii) Claims by the state and its political subdivisions for costs incurred in the investigation of the crime and the prosecution and trial of the criminally responsible person;

(iii) Claims by the victim or victims of the criminally responsible person pursuant to 12-25.1-4;

(iv) Claims by the state pursuant to 12-25-10 26;

(v) Civil judgments in favor of the victim or victims of the criminally responsible person;

(vi) After claims arising under subdivisions (c)(1)(i) - (v) have been resolved, and the statute of limitations for those claims has expired, one-half (1/2) of the remainder of the funds attributable to a specific criminally responsible person shall be transferred to the violent crimes indemnity fund established by 12-25-12 28;

(vii) Claims by other creditors of the criminally responsible person; and

(viii) Claims by the criminally responsible person or persons claiming through him or her.

(2) Claims against the criminal royalties fund shall be made against the portion of the fund attributable to the specific criminally responsible person and not against the fund as a whole. No payment shall be made out of the fund when that payment would be in derogation of claims, either present or pending, entitled to a higher priority under this subsection. The general treasurer may bring an action of interpleader or an action for a declaratory judgment where he or she cannot determine the priority of claims and the proper disposition of funds. Monies in the fund shall not be subject to execution, levy, attachment, or lien except in accordance with the priorities set forth in this subsection. Any party aggrieved by a final determination and order of the general treasurer arising from his or her administration of the criminal royalties fund may seek judicial review of the decision pursuant to the Administrative Procedures Act, chapter 35 of title 42.

SECTION 25. Section 12-28-9 of the General Laws in Chapter 12-28 entitled "Victim's Rights" is hereby amended to read as follows:

12-28-9. Victims' services unit.

(a) There is created with the state court system a victims' services unit that is responsible for assisting victims of crimes adjudicated in the superior, family, and district courts in the exercise of their rights. This unit shall be administered by the state court administrator through the administrative office of the state courts. The state court administrator may, in his or her discretion, contract for any services to be provided to victims of crimes pursuant to this chapter or pursuant to 12-25-12.2 29. Services provided to victims of crimes shall include, but not be limited to, the following:

(1) Identification of and outreach to victims to inform them of their rights and of the services available to them;

(2) Counseling and support, including referral to specialized counseling resources;

(3) Assistance in seeking return of property, restitution, and in filing claims for compensation under the violent crimes indemnity fund or under the criminal royalties fund;

(4) Assistance in preparing for and making court appearances and in making victim impact statements;

(5) Notification about the status of their cases in coordination with representatives of the attorney general or the relevant law enforcement agency; and

(6) Any other assistance that may further the rights of victims.

(b) In determining the allocation of resources available to implement this section, victims who have suffered personal injury and the immediate families of homicide victims shall be given priority over victims who have suffered only loss of property.

(c) The state court administrator shall report annually on the services provided through this unit.

SECTION 26. Sections 16-2-2 and 16-2-13 of the General Laws in Chapter 16-2 entitled "School Committees and Superintendents" are hereby amended to read as follows:

16-2-2. Town schools required - School year - Location - Kindergartens.

(a) Except as herein otherwise specifically provided in this section, every city or town shall establish and maintain for at least one hundred eighty (180) days annually exclusive of holidays a sufficient number of schools in convenient places under the control and management of the school committee and under the supervision of the board of regents for elementary and secondary education. In lieu of convenient location the school committee may provide transportation for pupils to and from school in accordance with the provisions of chapter 21 of this title.

(b) Beginning in September, 1969, s School facilities shall include a sufficient number of kindergartens; provided that the requirement for kindergartens may be waived until September, 1970, in the public interest by the commissioner of elementary and secondary education as to any school system upon application of the school committee having control of the system.

16-2-13. Joint committee - Annual convention - Superintendent - Dissolution.

The school committees of the respective cities or towns voting to unite for the purpose of the employment of a superintendent of the schools therefor, as prescribed in 16-2-12, shall form a joint committee, for the purpose of this chapter; the joint committee shall be the agents of each city or town comprising the union. The school committees shall meet annually in joint convention at a place and time agreed upon by the chairpersons of the several school committees, and shall organize by the choice of a chairperson and secretary. They shall choose by ballot a superintendent of schools, fix his or her salary, and apportion the amount thereof to be paid by each of the cities or towns, approximately according to the next preceding school census in the city or town. The union shall not be dissolved because the number of schools shall have increased beyond the number of sixty (60), nor, for any reason, for the period of three (3) years from the date of the formation of the union, except by concurrent votes of the school committees of a majority of the cities or towns constituting the union.

SECTION 27. Section 16-3-12 of the General Laws in Chapter 16-3 entitled "Establishment of Regional School Districts" is hereby amended to read as follows:

16-3-12. Regional school district financial meeting - Special meetings.

(a) The regional school district financial meeting to which all the voters qualified to vote in their respective towns on any proposition for the imposition of a tax or the expenditure of money shall be held on the first Monday in February of each year at eight o'clock (8:00) p.m. at the regional school district high school or any other location that the regional school district committee may publicly designate in advance; provided, however, that the Exeter-West Greenwich regional school district meeting shall be held on the second (2nd) or third (3rd) Monday of April of each year at the discretion of the school committee at eight o'clock (8:00) p.m.; provided, further, that the Chariho Regional School District meeting for the calendar year 1992 shall be held on the last Tuesday of April at eight o'clock (8:00) p.m.; and provided further that the Chariho Regional School District meeting for the calendar year 1993 shall be held on April 3, 1993 at one o'clock (1:00) p.m., the regional school committee shall prepare and approve a budget no later than March 5, 1993, the district school committee shall adopt a final proposed budget no later than March 26, 1993, and the treasurer of the regional school district shall certify the charge per pupil to each district treasurer by April 15, 1993; and provided further that the Chariho Regional School District meeting for the calendar year 1994 only, shall be held on March 26, 1994 at one o'clock (1:00) p.m., the regional school committee shall prepare and approve a budget no later than February 22, 1994, the district school committee shall adopt a final proposed budget no later than March 8, 1994, and the treasurer of the regional school district shall certify the charge per pupil to each district treasurer by April 15, 1994; and provided further, however that the Chariho regional school district meeting for the calendar year 1995 only shall be held on March 25, 1995, the regional school committee shall prepare and approve a budget no later than March 14, 1995, and the treasurer of the regional school district shall certify the charge per pupil to each district by April 3, 1995, and provided further that the Chariho Regional School District meeting for the calendar year 1996 only, shall be held on March 23, 1996 at 2:30 o'clock p.m. The regional school committee shall prepare and approve a budget no later than February 27, 1996. The district school committee shall adopt a final proposed budget no later than March 12, 1996, and the treasurer of the regional school district shall certify the charge per pupil to each district treasurer by April 1, 1996, and provided further that the Chariho Regional School District meeting for the calendar year 1997 only, shall be held no later than April 1, 1997 at a time and date to be determined by the regional district school committee. The regional district school committee shall prepare and approve a budget no later than thirty (30) days prior to the annual meeting date. The regional district school committee shall adopt a final proposed budget no later than fourteen (14) days prior to the annual meeting date and the treasurer of the regional school district shall certify the charge per pupil to each district treasurer by April 10, 1997, and provided further that the Chariho Regional School District meeting for the calendar year 1998 only, shall be held no later than April 1, 1998 at a time and date to be determined by the regional district school committee. The regional district school committee shall prepare and approve a budget no later than thirty (30) days prior to the annual meeting date. The regional district school committee shall adopt a final proposed budget no later than fourteen (14) days prior to the annual meeting date and the treasurer of the regional school district shall certify the charge per pupil to each district treasurer by April 10, 1998, and provided further that the Chariho Regional School District meeting for the calendar year 1999 only, shall be held no later than April 1, 1999 at a time and date determined by the regional district school committee. The regional district school committee shall prepare and approve a budget no later than thirty (30) days prior to the annual meeting date. The regional district school committee shall adopt a final proposed budget no later than fourteen (14) days prior to the annual meeting date and the treasurer of the regional school district shall certify the charge per pupil to each district treasurer by April 12, 1999.

(2) Provided further, that the Chariho Regional School District meeting, for the calendar year 2000 only, shall be held no later than April 1, 2000, at a time and date to be determined by the regional district school committee. The regional district school committee shall prepare and approve a budget no later than thirty (30) days prior to the annual meeting date. The regional district school committee shall adopt a final proposed budget no later than fourteen (14) days prior to the annual meeting date and the treasurer of the regional school district shall certify the charge per pupil to each district treasurer by April 10, 2000.

(b) Special meetings may be called by vote of the regional school district committee or upon petition of two hundred (200) district voters filed in writing with the committee.

SECTION 28. Section 16-3.1-9 of the General laws in Chapter 16-3.1 entitled "Cooperative Service Among School Districts" is hereby amended to read as follows:

16-3.1-9. Regional collaborative - Southern Rhode Island.

Notwithstanding the provisions of any general or special law to the contrary, the school committees of the towns and school districts of Westerly, New Shoreham, Chariho regional school district, Narragansett, Jamestown, South Kingstown, North Kingstown, East Greenwich, and the Exeter-West Greenwich regional school district are hereby authorized and empowered to continue and/or initiate cooperative efforts to provide services included but not limited to special education programs and diagnostic services required by law or regulation; to utilize technology without restriction; to provide limited interest curriculum; and to provide programs for the gifted and talented, all on a collaborative basis. The intent of the regional collaborative is to provide the opportunity for all children to receive educational services locally. The various school committees may assign and delegate to their respective superintendents of schools, acting as a regional board of superintendents, such duties, responsibilities and powers as the committees may deem necessary for the conduct, administration and management of the regional collaborative - southern Rhode Island. Upon July 1, 1988, a A bylaw committee shall be named by the commission to study the feasibility of creating a south county regional network center to provide multiple services for students with disabilities. The committee's membership should consist of three (3) special education directors, three (3) superintendents, three (3) parents, and two (2) other interested persons from the participating towns and school districts and any other person that the governing regional board of superintendents may deem necessary. The initial meeting shall be at the call of the commission to study the feasibility of creating a south county regional network center to provide multiple services for students with disabilities and shall occur within ninety (90) days of the July 1, 1988. This regionalized collaborative shall enjoy any regionalized bonus aid wherever applicable to collaboratives or cooperative service areas.

SECTION 29. Section 16-3.1-12 of the General laws in Chapter 16-3.1 entitled "Cooperative Service Among School Districts" is hereby repealed.

16-3.1-12. Reports to the auditor general of the general assembly.

The regional board of directors of each collaborative shall make a report to the auditor general of the general assembly not later than March 1, 1991 on each collaborative which received a legislative grant in the 1990 budget.

SECTION 30. Section 16-5-31 of the General Laws in Chapter 16-5 entitled "State Aid" is hereby amended to read as follows:

16-5-31. Educational improvement block grant.

(a) There is hereby created an educational improvement block grant.

(b) Beginning in fiscal year 1988-1989, t The dollar equivalents resulting from the difference in the statewide local tax rate as defined in 16-7-19(a) and (b), and as divided in 16-7-19(c), may be expended for any of the purposes set forth below:

(1) Providing preschool programs, of at least one-half (1/2) day's duration, for four (4) year old children who are at risk of school failure;

(2) Providing parent education programs including the provision of resource materials on home learning activities, private and group educational guidance, individual and group learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home;

(3) Reducing class size with the ultimate goal of an average pupil/teacher ratio of 15-1 in grades pre-kindergarten through three (3);

(4) Providing full day kindergarten programs with first priority given to children who are at risk of school failure;

(5) Helping, during fiscal years 1988-1989 and 1989-1990, local school districts achieve compliance with the basic education program, as defined in 16-7-24; and once they have achieved the basic education program compliance, helping, during fiscal years 1988-1989 and 1989-1990, local school districts to undertake asset protection activities as defined by regulations of the board of regents for elementary and secondary education; and

(6 5) Education improvement block grant funds shall be allocated to every community in the proportion to which each community's share bears to the total state share as computed under 16-7-19(a) and as further adjusted by minimum share and regional school district provisions as provided for in 16-7-20. In order to be eligible to obtain funds provided in this section a school district must submit, for the commissioner's approval, an application which clearly and specifically describes how the funds will be used for the purposes intended.

(c) The commissioner of elementary and secondary education shall establish and promulgate regulations for the purpose of carrying out the intent of this section. Funds granted under this section shall not be used by districts to supplant local funds. Funds made available to communities under this section for 1988-1989 shall be obligated prior to June 30, 1990. For 1989-1990 and thereafter s School districts may carry over to the next fiscal year a maximum of fifteen percent (15%) of their allocation.

SECTION 31. Sections 16-7-17, 16-7-19, 16-7-20, 16-7-20.5, 16-7-23, and 16-7-34.3 of the General laws in Chapter 16-7 entitled "Foundation Level School Support" are hereby amended to read as follows:

16-7-17. Time of payment of state's share of the basic program and approved expenditures.

There shall be paid by the state to each community in twelve (12) monthly installments an amount as determined by law to be the state's share of the cost of the basic program for the reference year and all approved expenditures in excess of the basic program for the reference year, provided, however, that such these payments to a community shall be reduced by the amount of funds deposited by the department into the local education agency EPSDT account in accordance with 40-8-18 on behalf of the community. The July and August payments shall be two and one half percent (21/2%) of the state's share based upon the estimated pupil data, valuation data, and expenditure data for the reference year and the September through June payments shall each be nine and one half percent (91/2%) of the aid due and payable based upon the data for the reference year. Notwithstanding the provisions of any general or public laws be it provided further that $61,820,003 due to the cities and towns shall be paid on July 1, 1991 and this payment may be recorded as a receivable by each city and town for the prior fiscal year. This amount shall be ratably apportioned among all districts except Central Falls and deducted from their May, 1991 and June, 1991 payments except that districts which receive final payments in April, 1991 shall have their share deducted in that payment. This amount shall be separately appropriated in the fiscal 1991-1992 year along with a bonus based upon interest incurred by the city and town on borrowed monies equal to the payment schedule on July 1, 1991. Notwithstanding the provisions of any other general or public laws, there is hereby appropriated the sum of twenty-eight million three hundred seventy thousand eight hundred seventeen dollars and thirty-three cents ($28,370,817.33) due to the cities and towns for fiscal 1992 for state aid to education to be paid on July 1, 1992. This payment may be recorded as a receivable by each city and town for fiscal 1992. This amount shall be ratably apportioned among all districts except Central Falls and deducted from their fiscal 1992 payments.

16-7-19. Computation of standard local tax rate.

(a) Beginning 1991-1992, the The standard local tax rate required to support the basic program will be gradually reduced at the following rate until a forty percent (40%) statewide local tax rate is achieved. In 1990-1991 the rate shall be fifty percent (50%); in 1991-1992 the rate shall be forty-eight percent (48%); in 1992-1993 the rate shall be forty-six percent (46%); in 1993-1994 the rate shall be forty-four percent (44%); in 1994-1995 the rate shall be forty-two percent (42%); and in 1995-1996 and thereafter the rate shall be forty percent (40%).

(b) The statewide local tax rate to be used in calculating each community's share under 16-7-20 in 1990-1991 and each year thereafter shall be fifty percent (50%).

(c) For 1991-1992 and each year thereafter fifty Fifty percent (50%) of the difference resulting from the difference between the rate presented in subsection (a) and the rate presented in subsection (b) shall be used in accordance with 16-5-31 and fifty percent (50%) of the difference shall be allocated annually by the general assembly, upon recommendation of the commissioner and the board of regents for elementary and secondary education, for one or more of the programs listed in 16-69-2.

(d) The state controller is hereby authorized and directed to draw his or her order upon the general treasurer for the payment of such those sums or such any portions thereof of those sums as may be required from time to time upon receipt by the controller of properly authenticated vouchers.

(e) If the sums appropriated are not sufficient to implement subsections (a), (b), and (c) of this section, then the amount appropriated shall first be utilized to implement subsection (b) of this section. If the sums are not sufficient, then the amount shall be ratably reduced. Amounts remaining after full funding of subsection (b) of this section shall be apportioned among school districts for the purpose of subsection (c) of this section.

16-7-20. Determination of state's share.

(a) For each community the state's share shall be computed as follows: Let R = state share ratio for the community.

v = adjusted equalized weighted assessed valuation for the community, as defined in 16-7-21(3).

V = sum of the values of v for all communities.

m = average daily membership of pupils in the community as defined in 16-7-22(3).

M = total average daily membership of pupils in the state.

E = approved reimbursable expenditures for the community for the reference year minus the excess costs of special education, tuitions, federal and state receipts, and other income.

Then the state share entitlement for the community shall be RE where

R = 1 - 0.5vM/(Vm),

Except that in no case shall R be less than zero percent (0%). This percentage shall be applied to one hundred percent (100%) of all expenditures approved by the board of regents for elementary and secondary education in accordance with currently existing rules and regulations for administering state aid, including but not limited tothe setting of appropriate limits for expenditures eligible for reimbursement; provided, however, that the costs of special education required under chapter 24 of this title shall be excluded; and the costs for regional vocational school operation and tuition which are funded in chapter 45 of this title for the reference year 1987-1988 and thereafter, shall be excluded. "Special education costs" shall mean the costs which that are in excess of the average per pupil expenditure in average daily membership for the second school year preceding. The average per pupil expenditure in average daily membership of those students receiving special education shall be included in the cost of the basic program for the reference year, as "reference year" is defined in 16-7-16; provided, further that . eExpenditures from federal money in lieu of taxes shall not be counted and, provided further, however, in the case of regional school districts, the state's share shall be increased by fourteen and seven-tenths percent (14.7%) for 1994-1995 for the Bristol-Warren regional district, and four and eight tenths percent (4.8%) for 1994-1995 for the Exeter-West Greenwich regional district and for the Foster-Glocester regional district; provided further that the individual communities in the Chariho regional districts shall each receive the seven and five hundredths percent (7.05%) for those grades serviced by the regional school district.

(b) (1) The calculations in subsection (a) notwithstanding, the following formula is to be used to determine the entitlement for each school district for children attending regional vocational-technical schools and the satellites of those schools: net local cost for area vocational schools statewide divided by full time equivalent students in area vocational schools statewide multiplied by the full time equivalent students in area vocational schools district multiplied by the share ratio for the district equals the incentive entitlement.

(2) No school district shall receive for area vocational-technical students more than one hundred percent (100%) of its expenditures in the reference year from a combination of state operations aid and the area vocational-technical school incentive program.

(3) If the sum appropriated by the state for any fiscal year for making payments to the cities and towns under this program is not sufficient to pay in full the total amount which all cities and towns are entitled to receive for the fiscal year, the maximum entitlement which all cities and towns shall receive for the fiscal year shall be ratably reduced.

(4) Expenditure reports shall be submitted to the commissioner of elementary and secondary education in accordance with rules and regulations promulgated by the board of regents for elementary and secondary education. Further, the board of regents shall promulgate rules and regulations which shall include the eligible expenditures, a standardized method for calculating area vocational-technical school tuitions, and other rules and regulations for the purpose of carrying out the intent of this incentive program.

(1) Reimbursement payments as calculated under this section shall be made in twelve (12) monthly installments. The July and August payments shall be two and one-half percent (21/2%) and the September through June payments shall each be nine and one-half percent (91/2%) of the amount to which each school district is entitled. The calculations for vocational education as set forth in this section shall be used to support students attending area vocational facilities.

(2) The foregoing provision relating to entitlement for school districts for children attending regional vocational technical schools shall terminate beginning with reference year 1987-1988.

(d b) The department of elementary and secondary education shall base reimbursement on one hundred percent (100%) of the expenditures for its state operated schools in accordance with the reference year provision as defined in 16-7-16(11). Any funds to supplement the reimbursement shall be appropriated and included in the department budget.

(e c) This section shall apply to the School for the Deaf and the Davies Vocational School notwithstanding any provisions of this section to the contrary.

(f d) Whenever any funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all such state funds appropriated for educational purposes must be used to supplement any and all money allocated by a city or town for educational purposes and in no event shall state funds be used to supplant, directly or indirectly, any money allocated by a city or town for educational purposes. The courts of this state shall enforce this section by writ of mandamus.

(ge) Notwithstanding the calculations in subsections (a) and (b), the hospital school at the Hasbro Children's Hospital shall be reimbursed eighty thousand dollars ($80,000) in the fiscal year ending June 30, 1995, and thereafter one hundred percent (100%) of all expenditures approved by the board of regents for elementary and secondary education in accordance with currently existing rules and regulations for administering state aid, and subject to annual appropriations by the general assembly including but not limited to, expenditures for educational personnel, supplies, and materials in the prior fiscal year.

16-7-20.5. Computation of regionalization bonus.

For each regional school district, a state share shall be computed and multiplied by the reference year cost, as defined under 16-7-16(11), of the basic program, as defined under 16-7-16(3). The state share shall equal two percent (2%) for each grade so consolidated for the first two (2) years of operation, diminishing thereafter by one-fourth of one percent (1/4%) per grade per year, but in no event shall the increased percentage be less than eight percent (8%); provided further, that the individual communities in the Chariho regional districts shall each receive the applicable increased percentage of those grades serviced by the regional school district. For the fiscal year 1996, the operations aid bonus shall be paid in accordance with 16-7-20.6. Reimbursement payments as calculated under this section shall be made in accordance with the monthly distribution defined under 16-7-20(c).

16-7-23. Community requirements - Adequate minimum budget provision.

(a) The school committee's budget provisions of each community for current expenditures in each budget year shall provide for an amount from all sources sufficient to support the basic program and all other approved programs shared by the state. For fiscal years 1998 through and including fiscal year 2000, each community shall contribute local funds to its school committee in an amount not less than its local contribution for schools in the previous fiscal year. Calculation of the annual local contribution shall not include Medicaid revenues received by the municipality or district pursuant to chapter 8 of title 40 of the RI general laws. A community which has a decrease in enrollment may compute maintenance of effort on a per pupil rather than on an aggregate basis when determining its local contribution; furthermore, a community which experiences a nonrecurring expenditure for its schools may deduct such an the nonrecurring expenditure in computing its maintenance of effort. The deduction of nonrecurring expenditures shall be with the approval of the commissioner. The courts of this state shall enforce this section by writ of mandamus.

(b) Furthermore, whenever Whenever any state funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all such state funds appropriated for educational purposes must be used to supplement any and all money allocated by a city or town for educational purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money allocated by a city or town for educational purposes. All state funds shall be appropriated by the municipality to the school committee for educational purposes in the same fiscal year in which they are appropriated at the state level even if the municipality has already adopted a school budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall remain a surplus of the school committee and shall not revert to the municipality. Any such surplus of state or local funds appropriated for educational purposes shall not in any respect affect the requirement that each community contribute local funds in fiscal years 1998 through and including fiscal year 2000 in an amount not less than its local contribution for schools in the previous fiscal year, and shall not in any event be deducted from the amount of the local appropriation required to meet the maintenance of effort provision in any given year.

16-7-34.3. Reimbursement by the state for conventional public housing students.

(a) (1) Each school district shall be reimbursed for expenditures for services and instructional programs for students residing in conventional public housing units owned by public housing authorities which are not on local tax rolls. Reimbursement shall be made when the services and programs have been carried out in accordance with the requirements of state law and regulations of the board of regents for elementary and secondary education. For the fiscal year ending June 30, 1988, and each year thereafter, the The following formula shall be used to distribute aid for the students residing in the public housing units:

(2) (i) The following formula and definitions are to be used to determine the entitlement for each school district:

(ii) The incentive entitlement for a district shall be the product of the average per pupil cost for the district, the number of full time equivalent pupils in grade 12 and below residing in conventional public housing, and the state share ratio for the district.

(iii) In this formula the following terms shall have the following meanings:

(A) "Incentive entitlement" means the sum payable to a local school district under this formula.

(B) "Average per pupil costs for the district" means all expenditures approved by the state board of regents for elementary and secondary education as defined in 16-7-20 plus the costs of special education required under chapter 24 of this title divided by average daily membership of pupils as defined in 16-7-22(1).

(C) "State share ratio" means the effective state share ratio as calculated under 16-7-20.

(D) "Conventional public housing" means those properties identified as eligible low rent housing projects under title I of P.L. 81-874, 20 U.S.C. 236 et seq.

(b) Effective with aid provided July 1, 1992, students Students living on property owned by the Solid Waste Management Corporation resource recovery corporation shall also be included in computations under this section. Payment under this provision for students living on property owned by the Solid Waste Management Corporation shall, however, begin in fiscal year 1994.

(c) Effective with aid provided July 1, 1995, students Students living in the North Kingstown Traveler's Aid housing project shall also be included in computations under this section.

(d) For the fiscal year 1991-1992 and each year thereafter, an An amount shall be appropriated for the purpose of reimbursing school districts as required pursuant to subsection (a) for conventional public housing.

(e) If the sum appropriated in subsection (e) is not sufficient to pay in full the amount for conventional public housing which each city and town is entitled to receive in any fiscal year, the maximum amount which all cities and towns are entitled to receive under this section shall be deducted from the sum appropriated for all cities and towns under 16-7-20, beginning in 1992-1993. If, after final allocation of 16-7-15 through 16-7-34, a district receives more than one hundred percent (100%) reimbursement, the excess shall be deducted from this conventional public housing allocation in the following fiscal year.

(f) Reimbursement payments as calculated under this chapter shall be made according to 16-7-16. All payments under this chapter shall be used exclusively to support services for conventional public housing students.

(g) Expenditure reports shall be submitted by the local school districts to the commissioner of elementary and secondary education in accordance with rules and regulations of the board of regents for elementary and secondary education.

SECTION 32. Sections 16-7-20.4, 16-7-20.6, and 16-7-20.7 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" are hereby repealed.

16-7-20.4. Distressed district fund.

Those school districts eligible for the fiscal year 1991-1992 retirement deferral option and whose total reimbursable education expenditures declined between fiscal year 1991 and fiscal year 1992 shall be eligible for distressed district aid in fiscal year 1994-1995. The following sums shall be paid to the below listed cities, towns and school districts in addition to other sums to which they may be entitled. These funds shall be restricted revenues to be used in fiscal year 1994-1995 by municipalities for public school purposes only:

(1) Pawtucket, $769,164;

(2) West Warwick, $318,618; and

(3) Woonsocket, $593,352.

16-7-20.6. Determination of state's share for fiscal year 1995-1996.

Statute text

Notwithstanding any provisions to the contrary, the reference year for fiscal year 1995-1996 aid only shall remain the same as that used for fiscal year 1994-1995 aid, and fiscal year 1995-1996 aid shall be distributed using the same dollar amounts and programs used in the fiscal year 1994-1995 distribution in order to maintain the current level and equitable distribution of funds. Additional aid for fiscal year 1995-1996 shall be distributed as follows:

(1) Two million, two hundred ninety-two thousand, nine hundred four dollars ($2,292,904) in conventional public housing aid to adjust for the fiscal year 1996 overpayment provision and the addition of students residing in the North Kingstown Traveler's Aid housing project;

(2) Two million, one hundred sixty-three thousand and five hundred twenty-two dollars ($2,163,522) for vocational aid to begin to adjust for the two (2) year reference and academic costs at two thousand dollars ($2,000) per full time equivalent (FTE) at the state's regional career and technical centers;

(3) One million, seven hundred thirty-one thousand, two hundred sixty-two dollars ($1,731,262) to maintain the same level of the operations aid regional bonus as in fiscal year 1995 in a combination of this provision and the other aid distribution methods; and

(4) Twelve million, sixty-six thousand, one hundred and eighty-one dollars ($12,066,181) in a nonrestricted equity fund based on the June, 1994 free and reduced USDA reimbursable school lunch counts to include free milk counts at the kindergarten level.

16-7-20.7. Determination of state's share for fiscal year 1996-1997.

Statute text

Notwithstanding any other provisions of the general laws, each school district including the state operated district of Central Falls, shall receive the same amount of school aid in fiscal year 1997 as each district received in fiscal year 1996 pursuant to 16-7-20.6.

In addition, the general assembly shall appropriate the amount of ten million five hundred twenty-five thousand, five hundred thirteen dollars ($10,525,513) to be distributed as follows: $10,381,348 to school districts, including the Central Falls School District, based on each district's proportion of children eligible for USDA reimbursable school meals relative to the total number of such students statewide. For the purposes of this section, the date as of such eligibility for USDA reimbursable meals shall be determined by the June report of the reference year as defined in 16-7-16, and one hundred forty-four thousand one hundred sixty-five dollars ($144,165) as follows: Hopkinton $26,075, Richmond $26,894, Exeter-West Greenwich $19,755, and Foster Glocester $71,441.

In addition to sums received under this section of the act the Town of Hopkinton shall receive an additional $259,313.00 for the fiscal year 1996-1997 only.

SECTION 33. Section 16-7.1-6 of the General Laws in Chapter 16-7.1 entitled "The Rhode Island Student Investment Initiative" is hereby amended to read as follows:

16-7.1-6. Core instruction equity fund. -- The general assembly recognizes that Rhode Island cities and towns primarily rely on the local property tax to finance education programs, and that the state's highest effective property tax rates are concentrated in the state's urban communities. Therefore, certain communities, because of low tax capacity and high tax effort, are unable to appropriate sufficient funds for the support of core instructional programs. The general assembly also recognizes the need to reduce inequities in resource distribution among the state's cities and towns as well as among the state's districts and schools. Therefore, the general assembly hereby establishes the Core Instructional Equity Fund to improve the capacity of cities and towns to support the core instruction activities that are the basis of daily teaching and learning in all classrooms. The general assembly shall annually appropriate and distribute some sum to meet these needs. The sum shall be distributed based upon the following formula:

(a) Data:

Data used for the following calculations are defined as follows:

(1) Population (state and municipal) shall be included from the most recent census;

(2) Equalized weighted assessed valuations (ewav) from the most recently completed and certified study pursuant to 16-7-21;

(3) Most recent tax data certified by the local assessors to the department of administration, and core instructional per pupil cost as determined by the Commissioner of Elementary and Secondary Education;

(4) Most recent resident average daily membership (RADM) pursuant to 16-7-22;

(b) Methodology:

Community Property Tax Capacity Index Calculation;

Calculate statewide tax rate;

Step 1: total statewide property tax yield/total statewide property tax base (ewav)= state average tax rate;

Step 2: calculate statewide yield per capita;

Total statewide property tax yield/state population (most recent census) = state property tax yield per capita;

Step 3: calculate municipal property tax yield per capita;

Municipal property tax yield/population = municipal property tax yield per capita;

Step 4: calculate municipal property tax capacity;

(Municipal property tax yield per capita/state property tax yield per capita) * 100 = Community property tax capacity index;

Total Tax Capacity Index Calculation;

Step 5: calculate community hypothetical property tax yield per capita;

(Statewide tax rate * municipal property tax base (ewav))/ Community population = Hypothetical community property tax yield per capita;

Step 6: calculate total tax capacity index;

(Hypothetical municipal yield per capita/State average property tax yield per capita) * 100 = total tax capacity index;

Tax Effort Index Calculation;

Calculate property tax effort calculation;

Step 7: (Municipal property tax yield per capita/hypothetical municipal property tax yield per capita) * 100 = Property Tax Effort Index

Capacity/Effort Index;

Calculation of the equity index;

Step 8: (Property tax capacity index/tax effort index = Equity index;

Instructional Cost Per Pupil;

Calculate the instructional cost per RADM;

Step 9: core instructional district cost/district RADM = per pupil core instructional district cost;

Step 10: select the statewide median per pupil instructional cost;

Step 11: state median per pupil core instructional cost - district per pupil core instructional cost = core gap;

Step 12: core gap * RADM = weighted difference.

Eligibility to receive funds - only those districts which have a gap in instructional core funding and which have capacity of less than 0.50 per the equity index are eligible to receive funds under this provision in 1997-1998.

SECTION 34. Sections 16-8-4, 16-8-5, and 16-8-6 of the General Laws in Chapter 16-8 entitled "Federal Aid" are hereby repealed.

16-8-4. Cooperation in survey and planning of school facilities. -- The board of regents for elementary and secondary education is hereby empowered to cooperate with the United States secretary of education in the secretary's program for "surveys and state plans for school construction"; and, in connection with this program, to accept the payments and/or reimbursement for one-half (1/2) of the necessary expenditures for making an inventory of existing school facilities, to survey the need for the construction of additional facilities in relation to the distribution of school population, to develop state plans for school construction programs, and to study the adequacy of state and local resources available to meet school facilities requirements, for which appropriation is made by public law 815 - 81st congress (chapter 995 - 2d session) - Title I - surveys and state plans for school construction, approved September 23, 1950, and known as "An act relating to the construction of school facilities in areas affected by federal activities, and for other purposes."

16-8-5. Agreements with federal agency. -- The board of regents for elementary and secondary education is hereby authorized to enter into agreements with the United States secretary of education and/or his or her office for cooperation in surveying and planning school facilities, and, from time to time, to amend the agreements; provided, any such agreement or amendment shall be subject to the approval of the United States secretary of education and the governor of the state of Rhode Island.

16-8-6. Custody of federal survey funds. -- The general treasurer shall receive and provide for the proper custody of all funds paid to the state from the federal treasury under the provisions of the act of congress referred to in 16-8-4, and shall disburse the funds upon orders drawn by the state controller upon receipt by him or her of properly authenticated vouchers.

SECTION 35. Section 16-9-5 of the General Laws in Chapter 16-9 entitled "School Funds and Property" is hereby amended to read as follows:

16-9-5. Power of town to condemn for school purposes - Maximum acreage.

Any city or town from time to time may take lands therein, improved or unimproved, for the location of schoolhouses, the enlargement of schoolhouse lots, and for school purposes, provided that the amount of the land at any one taking shall not exceed fifteen (15) acres, except that the town of Foster may at any one taking take lands for these purposes in an amount not exceeding ten (10) acres; except that the city of Warwick may at any one taking take lands for these purposes in an amount not exceeding fifteen (15) acres, provided however, that before the city of Warwick may take more than five (5) acres for this purpose it shall hold a public hearing; except that the town of Narragansett may at any one taking, take such lands for such purposes in an amount not exceeding twelve (12) acres, provided, however, that before the town of Narragansett may take more than five (5) acres for this purpose it shall hold a public hearing; except that the town of Jamestown may at any one taking take lands for these purposes in an amount not exceeding twenty five (25) acres, except that the city of Cranston may at one time take lands for these purposes in an amount not exceeding forty-two (42) acres prior to December 31, 1999, and on or after December 31, 1999, may at one taking take lands for these purposes in an amount not exceeding twenty-five (25) acres.

SECTION 36. Sections 16-16-1, 16-16-4, 16-16-5, 16-16-6.1, 16-16-6.2, 16-16-6.4, 16-16-22, and 16-16-37 of the General Laws in Section 16-16 entitled "Teachers' Retirement" are hereby amended to read as follows:

16-16-1. Definitions.

The following words and phrases used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:

(1) "Beneficiary" shall mean any person in receipt of annuity, benefit, or retirement allowance from the retirement system as provided in this chapter.

(2) "Child" as used herein shall include a stepchild of a deceased member who has been a stepchild for at least one year immediately preceding the date on which the member died or an adopted child of a deceased member without regard to the length of time the child has been adopted.

(3) "Former spouse divorced" shall mean a person divorced from a deceased member, but only if the person meets one of the following conditions:

(i) Is the mother or father of the deceased member's child(ren);

(ii) Legally adopted the deceased member's child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or

(iii) Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years.

(4) "Member" shall mean any person included in the membership of the retirement system under the provisions of this chapter.

(5) "Prior service" shall mean service as a teacher rendered prior to the first day of July, 1949, certified on his or her prior service certificate and allowable as prior service under the provisions of this chapter.

(6) "Retired teacher" shall mean any teacher who shall have retired prior to July 1, 1949, pursuant to the provisions of G.L. 1938, ch. 195, as amended, and who on June 30, 1949, was in receipt of a pension under the provisions of that chapter.

(7) "Retirement system" and "system" shall mean the employees' retirement system of the state of Rhode Island created by chapter 8 of title 36, and "retirement board" shall mean the board established under that chapter.

(8) "Salary" or "compensation" shall include any and all salary paid for teaching services regardless of whether any part of the salary or compensation is derived from any state or federal grant or appropriation for teachers' salaries, as the term is defined in 36-8-1(11).

(9) "Service" shall mean service as a teacher as described in subdivision (11) of this section. Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or assistant superintendent shall be combined in computing periods of service and employment.

(10) "Spouse" shall mean the surviving person who was married to a deceased member, but only if the surviving person meets one of the following conditions:

(i) Was married to the deceased member for not less than one year immediately prior to the date on which the member died;

(ii) Is the mother or father of the deceased member's child(ren);

(iii) Legally adopted the deceased member's child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or

(iv) Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years.

(11) "Teacher" shall mean a person required to hold a certificate of qualification issued by or under the authority of the board of regents for elementary and secondary education and who is engaged in teaching as his or her principal occupation and is regularly employed as a teacher in the public schools of any city or town in the state, or any formalized, commissioner approved, cooperative service arrangement. The term shall include a person employed as a teacher, supervisor, principal, assistant principal, superintendent, or assistant superintendent of schools, director, assistant director, coordinator, consultant, dean, assistant dean, educational administrator, nurse teacher, and attendance officer or any person who has worked in the field of education or is working in the field of education that holds a teaching or administrative certificate and any substitute teacher who serves during a school year at least three-quarters (3/4) of the number of days that the public schools are required by law to be in session during the year. In determining the number of days served by a substitute teacher the total number of days served in any public school of any city or town in the state may be combined for any one school year. The term shall also include a school business administrator whether or not the administrator holds a teaching or administrative certificate, and shall also include occupational therapists and physical therapists licensed by the department of health and employed by a school committee in the state, or by any formalized, commissioner approved, cooperative service arrangement. Except that occupational therapists and physical therapists defined herein who are members of a municipal retirement system may elect within six (6) months of [July 1, 1995] to transfer their service credits, assets and contributions to the Rhode Island state employees retirement system.

(12) "Teaching" shall include teaching, supervising, and superintending or assistant superintending of schools.

(13) "Total service" shall mean prior service as defined in subdivision (4) of this section, plus service rendered as a member of the system on or after the first day of July, 1949.

(14) "Active member" shall mean any teacher as defined in this section for whom the retirement system is currently receiving regular contributions pursuant to 16-16-22 and 16-16-22.1.

Except as otherwise provided in this section, the words and phrases used in this chapter shall, so far as applicable, have the same meanings as they have in chapters 8 to 10 of title 36.

The masculine pronoun wherever used shall include the feminine pronoun also.

16-16-4. Membership of school nurses. -- On and after April 1, 1949, every Every certified nurse teacher employed in the respective public schools of the several cities and towns of this state and every person who, prior to any such certification, has been regularly employed by any city or town as a school nurse in the respective public schools shall be entitled to all the rights and benefits contained in this chapter and in chapters 8 to 10 of title 36.

16-16-5. Service creditable - Periods of illness or leaves of absence - Substitute teachers.

(a) In calculating "service", "prior service", or "total service" as defined in 16-16-1, every teacher shall be given credit for a year of service for each year in which he or she shall have served as a teacher; provided, that any teacher who through illness or leave of absence without pay does not serve a full school year may receive credit therefor for a full school year of service by making contribution to the system upon his or her return to teaching for at least one year the amount he or she would have contributed to the retirement system plus regular interest, compounded annually up to date of payment based upon his or her expected compensation but for his or her leave of absence in any case of illness, sabbatical, educational leave, or any other reason. Credit for leaves of absence shall be limited, in the aggregate, during the total service of a teacher to a period of four (4) years; provided, however, every teacher who had been required to resign for maternity reasons may receive credit therefor for maternity reasons by making contribution to the system upon her return to teaching the amount she would have contributed to the retirement system, with interest, based upon her expected compensation but for her absence due to maternity reasons. Credit for such absence shall be limited, in the aggregate, during the total service of a teacher to a period of four (4) years; provided, however, that the credit is purchased on or before December 31, 1990.

(b) The retirement board shall fix and determine the time when and the conditions under which the payments shall be made.

(c) Any teacher who serves or who has served during a school year at least three-quarters (3/4) of the number of days that the public schools are required by law to be in session during the year shall be given credit for a year of service for that year. In determining the number of days served by a substitute teacher the total number of days served in any public school of any city or town in the state may be combined for any one school year. Any such teacher shall be entitled to "prior service" credit for service prior to July 1, 1949, provided the teacher shall have been in service during the school year 1949-1950. The teacher shall be entitled to service credit for any year subsequent to July 1, 1949, by making contribution to the retirement system the amount he or she would have contributed to the retirement system, had he or she been a member, plus regular interest compounded annually to date of payment, payable at a time or in such manner as may be provided by the rules of the retirement board.

(d) Any teacher employed in at least a half (1/2) program including a job share program shall remain a contributing member and shall receive credit for that part-time service.

(e) In computing service or in computing compensation, the retirement board shall credit no more than one year of service on account of all service in one calendar year.

(f) Notwithstanding any other section of law, no member of the retirement system shall be permitted to purchase service credit for any portion of a year for which he or she is already receiving service credit in this retirement system.

16-16-6.1. Credit for service outside state - Contributions.

(a) In determining the creditable service of any teacher employed in any city or town for the purpose of retirement, there may be added to, and included in, total service as defined in this chapter not more than five (5) years of service as a teacher in the public school outside this state; provided, however, this service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to the full actuarial value of each year of credit for which application is made based upon the teacher's compensation at the time he or she makes application to purchase credit for each year of service for which he or she claims credit.

(b) Credit for service outside the state may also be used for retirement purposes under the above conditions provisions of subsection (a) for teachers who retire on ordinary disability under 36-10-13 provided these teachers have at least ten (10) years creditable service within the state.

(c) The term "outside this state" shall be construed to mean service in any state college, university, school, or public school in any other state of the United States, or in any territory or possession of the United States, including the Philippine Islands or in any school under the jurisdiction of the United States government.

(d) The retirement board shall fix and determine by rules and regulations the time when and the conditions under which payments shall be made.

16-16-6.2. Service credit for appropriate work experience - Contributions.

(a) In determining the creditable service of any vocational education teacher employed in any city or town or by the state for the purpose of retirement or a service retirement allowance (not including a deferred retirement allowance), there may be added to, and included in, total service as defined in this chapter not more than five (5) years of "appropriate work experience" pursuant to 16-60-4(9)(ii). This service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to ten percent (10%) of the member's first year's earnings as a teacher for the first year purchased, ten percent (10%) of the member's second year's earnings as a teacher for the second year purchased, ten percent (10%) of the member's third year's earnings as a teacher for the third year purchased, ten percent (10%) of the member's fourth year's earnings as a teacher for the fourth year purchased, and ten percent (10%) of the member's fifth year's earnings as a teacher for the fifth year purchased. Application to purchase this credit and payment for each year of service for which he or she claims credit shall be made on or before December 31, 1987. Thereafter, the member applying for these credits shall pay the full actuarial costs for each year of service for which he or she claims credit.

(b) Credit for "appropriate work experience" may also be used for retirement purposes under the above conditions provisions of subsection (a) for teachers who retire on ordinary disability under 36-10-13, provided those teachers have at least ten (10) years' creditable service.

(c) The term "appropriate work experience" shall be construed to mean service in any industry, business, or other appropriate enterprise for which certification credit has been given pursuant to the "standards and qualifications for certification of teachers" as provided in 16-60-4(9)(ii).

16-16-6.4. Service credit for appropriate work experience - Certified nurse teachers - Contributions.

(a) In determining the creditable service of any certified nurse teacher, employed by the state or by any city or town for the purpose of retirement or a service retirement allowance (not including a deferred retirement allowance), there may be added to, and included in, total service as defined in this chapter, not more than four (4) years of "appropriate work experience." The service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to ten percent (10%) of the member's first year's earnings as a certified nurse teacher for the first year purchased, ten percent (10%) of the member's second year's earnings as a certified nurse teacher for the second year purchased, ten percent (10%) of the member's third year's earnings as a certified nurse teacher for the third year purchased, and ten percent (10%) of the member's fourth year's earnings as a certified nurse teacher for the fourth year purchased. Application to purchase the credit and payment for each year of the service for which the member claims credit shall be made on or before June 30, 1990. Thereafter, the member applying for the credits shall pay the full actuarial costs for each year of service for which the member claims credit.

(b) Credit for "appropriate work experience" may also be used for retirement purposes under the above conditions provisions of subsection (a) for certified nurse teachers who retire on ordinary disability under 36-10-13, provided the certified nurse teachers have at least ten (10) years' creditable service.

(c) The term "appropriate work experience" for the purposes of a certified nurse teacher shall be construed to mean service in any industry, business, or other appropriate enterprise where a member has worked as a registered nurse and for which no credit for the purposes of retirement has been granted, for either teaching in a school of nursing or for any other appropriate work experience, provided however, that no member shall be allowed credit for more than a total of four (4) years of service credit.

16-16-22. Contributions to state system.

(a) Each member shall contribute into the system nine and one-half percent (9.5%) of compensation as his or her share of the cost of annuities, benefits, and allowances. The employer contribution on behalf of teacher members of the system shall be in an amount which will pay a rate percent of the compensation paid to the members, according to the method of financing prescribed in the State Retirement Act in chapters 8 to 10 of title 36. This amount shall be paid forty-one percent (41.0%) in fiscal year 1989-1990; thirty-six percent (36%) in fiscal year 1990-1991; thirty-two percent (32%) in fiscal year 1991-1992; thirty-six percent (36%) in fiscal year 1992-1993; and forty percent (40%) in fiscal year 1993-1994 and thereafter by the state, and fifty-nine percent (59.0%) in fiscal year 1989-1990; sixty-four percent (64.0%) in fiscal year 1990-1991; sixty-eight percent (68.0%) in fiscal year 1991-1992; sixty-four percent (64%) in fiscal year 1992-1993; sixty percent (60%) in fiscal year 1993-1994 and thereafter by the city, town, local educational agency, or any formalized commissioner approved cooperative service arrangement by whom the teacher members are employed, with the exception of teachers who work in federally funded projects. Provided, however, that the rate percent paid shall be rounded to the nearest hundredth of one percent (.01%).

(b) The employer contribution on behalf of teacher members of the system who work in fully or partially federally funded programs shall be prorated in accordance with the share of the contribution paid from the funds of the federal, city, town, or local educational agency, or any formalized commissioner approved cooperative service arrangement by whom the teacher members are approved.

(c) In case of the failure of any city, town, or local educational agency, or any formalized commissioner approved cooperative service arrangement to pay to the state retirement system the amounts due from it under this section within the time prescribed, the general treasurer is hereby authorized to deduct the amount from any money due the city, town, or local educational agency from the state.

(d) The employer's contribution shared by the state shall be paid in the amounts prescribed above in this section for the city, town, or local educational agency and under the same payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local educational agency or any formalized commissioner approved cooperative service arrangement shall remit to the general treasurer of the state the local employer's share of the teacher's retirement payments on a monthly basis, payable by the fifteenth (15th) of the following month. The general treasurer, upon receipt of the local employer's share, shall effect transfer of a matching amount of money from the state funds appropriated for this purpose by the general assembly into the retirement fund.

(e) This section is not subject to 45-13-7 through 45-13-10.

16-16-37. Administration.

(a) The retirement board shall administer and carry out the provisions of 16-16-25 to 16-16-38, inclusive, and shall fix the rate of regular interest payable under 16-16-25 to 16-16-38, inclusive, to be changed from time to time, based upon the amount of interest earned by the teachers' survivors benefit fund. The retirement board shall also cause a study and review to be made of the financial condition of the teachers' survivors benefit fund at least once every five (5) years by a qualified actuary who shall report his or her findings and make recommendations to the board.

(b) Any negotiated agreement entered into after June 1, 1992 between any state or municipal agency or department and an employee or employees, whose conditions are contrary to the general laws or the rules and regulations and policies as adopted and promulgated by the retirement board, shall be null and void unless and until approved by formal action of the retirement board, for good cause shown.

SECTION 37. Section 16-17.1-2 of the General Laws in Chapter 16-17.1 entitled "Alternate Provisions for Retirement of Teachers in State Colleges" is hereby amended to read as follows:

16-17.1-2. Membership in a program.

(a) All employees including those so employed on May 24, 1967, who have not been active members of the state employees retirement system, upon becoming eligible for membership in a program, shall be required to participate in the program.

(b) (1) All employees including those so employed on May 24, 1967, who become eligible for membership in a program, and who are active members of the state employees retirement system, are hereby extended the option of continuing their active membership in the state employees retirement system or joining the program and retaining a limited membership in the state employees retirement system as hereinafter set forth and be eligible for a vested pension only as contained herein. These limited members shall not be entitled to any other benefits or provisions.

(2) All employees who are eligible for membership in a program on May 24, 1967, shall make their election on or before July 1, 1967, to become effective July 1, 1967. All employees who become eligible for membership in the program after July 1, 1967, shall make their election within sixty (60) days after they become eligible for participation in the program. All employees not exercising the option to join a program shall be deemed to have chosen to continue active membership in the state employees retirement system in lieu of exercising the option to participate under the program.

(c) Any employee who elected to leave the program in 1967 may elect to rejoin the employees retirement system provided that:

(1) He or she left his or her money in the employees retirement system;

(2) He or she makes payment for the service since 1967 to the date of reentry plus the interest;

(3) He or she applies prior to July 1, 1976;

(4) The state's contribution to the program be refunded in whole to the general funds of the state.

(d c) Any employee who was a member of the program as an employee of the board, who subsequently enters the employees retirement system as a member by virtue of his or her employment, may have the option to purchase credit for any prior service with the board under the program, provided that he or she pays into the retirement system in a lump sum:

(1) The amount he or she would have contributed to the system had he or she been a member during his or her service, plus regular interest; and

(2) The amount of the state's contribution to the program for his or her service, plus regular interest; and

(3) Provided further that these payments shall be made within the employee's first year of membership in the retirement system.

SECTION 38. Section 16-20-1 of the General Laws in Chapter 16-20 entitled "Holidays and Days of Special Observance" is hereby amended to read as follows:

16-20-1. School holidays enumerated.

The first day of January (as New Year's Day), the third Monday of January (as Martin Luther King, Jr. Day), the twenty-second day of February (as Washington's Birthday), the thirtieth day of May (as Memorial Day), the fourth day of July (as Independence Day), the twelfth day of October (as Columbus Day), the eleventh day of November (as Armistice Veterans Day), the twenty-fifth day of December (as Christmas Day), and each of these days in every year, or when any of the days falls on a Sunday, then the day following it, the first Monday of September (as Labor Day), and such other days as the governor or general assembly of this state or the president or the congress of the United States shall appoint as holidays for any purpose, days of thanksgiving, or days of solemn fast, shall be school holidays and no session of any school, except as hereinafter provided in this section, in this state shall be held on any one of these days. Independent schools shall not be required to observe as a holiday the third Monday of January (Martin Luther King, Jr. Day).

SECTION 39. Sections 16-21.3-3 and 16-21.3-4 of the General Laws in Chapter 16-21.3 entitled "The Rhode Island Student Assistance Junior High/Middle School Act" are hereby amended to read as follows:

16-21.3-3. Funding of junior high/middle school student assistance program. -- (a) Money to fund this program shall be raised by assessing an additional substance abuse prevention assessment of thirty dollars ($30.00) for all moving motor vehicle violations handled by the Rhode Island administrative adjudication court traffic tribunal including but not limited to those violations set forth in 31-41-4 31-41.1-4, except for speeding. The money shall be deposited in a restricted purpose receipt account separate from all other accounts within the department of health. The restricted purpose receipt account shall be known as the junior high/middle school student assistance fund and the administrative adjudication court shall transfer money from the junior high/middle school student assistance fund to the department of health for the administration of the Rhode Island Student Assistance Junior High/Middle School Act. Student assistance programs not in existence on June 1, 1990 shall be eligible for funding on or after January 1, 1991. Programs in existence on June 1, 1990 shall be eligible for funding on or after January 1, 1992. Provided, however, all requests for programs made prior to January 1, 1992 and not yet funded shall be funded as long as they are eligible prior to the funding of any program in existence on January 1, 1990.

(b) The department of health may utilize up to ten percent (10%) of such sums collected from the additional penalty for the purpose of administering the program.

16-21.3-4. The duties of the director of the department of health. -- The director of the department of health or his or her designated agent shall make an annual report by September 1, 1993, and every year thereafter of each year to the governor and general assembly on the administration of the program and shall by September 1, 1993, submit to the governor and the general assembly the results of an independent evaluation of the substance abuse prevention program created in accordance with this section.

SECTION 40. Section 16-22-8 of the General Laws in Chapter 16-22 entitled "Curriculum" is hereby amended to read as follows:

16-22-8. Foreign language courses. -- (a) Whenever there shall be twenty (20) students who apply for a course in the Italian, Portuguese, or Spanish language in any high school of the state, the school committee of the specific town shall arrange a course in Italian, Portuguese, or Spanish to be conducted by a competent teacher.

(b) The board of regents for elementary and secondary education shall establish uniform criteria for the assessment of foreign language proficiency skills of students seeking academic credits that are commensurate to the competency level demonstrated in that foreign language. Upon July 14, 1993, the board of regents shall have twelve (12) months to develop uniform criteria for conducting appropriate assessments and issuing foreign language credits and to furnish the criteria to all school committees.

SECTION 41. Sections 16-23-4, 16-23-5, 16-23-6, and 16-23-7 of the General Laws in Chapter 16-23 entitled "Textbooks" are hereby repealed.

16-23-4. Textbook modernization and improvement fund.

(a) There is hereby created as a separate fund within the treasury, the textbook modernization and improvement fund, which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state.

(b) All money placed in the textbook modernization and improvement fund shall be available for the purpose of making grants to the school committees of each city, town, or regional school district for the purchase of textbooks and related materials and equipment as defined in 16-23-5.

16-23-5. Definition of eligible expenditures.

(a) The following shall be eligible for grant assistance in order of priority:

(1) Textbooks and ancillary materials with an expected service life of more than three (3) years.

(2) Library books and reference materials with an expected service life of more than three (3) years.

(3) Instructional and media materials as well as instructional and media equipment with an expected service life of more than three (3) years.

(b) The following shall not be eligible for grant assistance:

(1) Workbooks and supplies that are designed to be consumed, worn out, or made unserviceable during a single school year.

(2) Any expenditure, actual or accrued, made prior to July 1, 1986.

(c) No city, town, or regional school committee shall be eligible for grant assistance which does not display local maintenance of effort as measured by expenditures for textbooks during the prior local fiscal year or the average of the last three (3) local fiscal years, whichever is greater. Provided, however, that the commissioner of elementary and secondary education may waive this requirement when shown to his or her satisfaction that the ongoing maintenance level of textbook expenditures in a city, town, or regional school district meets approved levels as defined by the basic education program or rules and regulations defining minimum standards for textbook replacement and modernization.

16-23-6. Distribution of funds.

(a) The grants shall be prorated among each city, town, or regional school committee based on the average daily membership calculated in accordance with the provisions of 16-7-22(2) and shall not be eligible for further reimbursement under the state aid formula.

(b) All grants shall be obligated prior to June 30, 1989, except that the commissioner of elementary and secondary education may grant an extension for emergency or good cause, which shall include a local curriculum revision.

16-23-7. Rules and regulations.

The commissioner of elementary and secondary education shall promulgate such rules and regulations and publish such forms as he or she shall deem necessary to determine eligibility and provide for the distribution of the textbook modernization and improvement fund. The decision of the commissioner of education shall be final on all questions of eligibility under 16-23-5.

SECTION 42. Section 16-24-6 of the General Laws in Chapter 16-24 entitled "Children with Disabilities" is hereby amended to read as follows:

16-24-6. Special education fund - Allocations to communities. -- (a) The state shall make available to the communities a special education fund to be appropriated annually for allocation to the communities for noncapital expenses for special education of children with disabilities in accordance with the regulations of the board of regents for elementary and secondary education. The cost of special education, including evaluation, support services, and training, including the cost of special education personnel, materials and equipment, tuition, transportation, rent, and contractual services, of the children in the program continuum placements provided under 16-24-2 shall be paid by the state to the city or town at the same times provided in 16-7-17 based on the financial and census data for the second school year preceding; provided, however, that the amount of the payment for special education pupils in each of the particular program placements shall not exceed one hundred and ten percent (110%) of the state median for special education pupils in that same placement. In determining the applicable state median expenditure for special education pupils for the purpose of this section, the board of regents shall under 16-24-2 differentiate between types of program continuum placements on the basis of the amount of time a child requires special programs outside of the regular classroom to meet his or her particular needs, the ratio of personnel to pupils required for the programs, and the efficiency and economy of operating the programs. The board of regents may distribute the payments through the cooperative service arrangements provided for under chapter 3.1 of this title. The payments shall be made only after approval and certification by the board of regents that the payments are made pursuant to this section, that cost of special education has been determined and reported in accordance with the standard accounting and reporting procedures provided for in subdivision (3) of 16-24-2, and that the program placements have met the regulations and requirements prescribed by the board of regents. The auditor general shall audit these payments and report in writing any exceptions to the board of regents and to the joint committee on legislative services.

(b) The commissioner of elementary and secondary education shall make a continuous evaluation of the operation of this section and at least once every three (3) years the board of regents for elementary and secondary education shall review the findings of the commissioner and shall make its recommendations in writing to the governor and to the general assembly.

(c) The general assembly shall appropriate to the board of regents for elementary and secondary education out of any money in the treasury not otherwise appropriated for the fiscal year 1979-1980 the sum of thirteen million dollars ($13,000,000), and for the fiscal year 1980-1981, and each fiscal year thereafter such sum as needed to carry out the purpose of this section; provided, however, that for each fiscal year following 1987-1988, the total appropriation for this purpose shall not be less than eight percent (8%) over the appropriation for the preceding fiscal year. For each fiscal year commencing 1992-1993, the total appropriation for this purpose shall not be less than one hundred percent (100%) of the approved special education excess expenditures. All entitlements except those in 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures is appropriated. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much thereof as may be required from time to time upon receipt by the controller of properly authenticated vouchers.

(d) This chapter contemplates that expenses for special education for children with disabilities will be determined in accordance with standard accounting and reporting procedures required pursuant to 16-24-2(3), and will be separable from expenses with respect to which state financial support is provided in 16-7-20; the same expenses may not be counted twice, that is once for the purpose of 16-7-20 and again for the purpose of this chapter. The allocations herein are subject to review and adjustment by the auditor general on the basis of more accurate census or other data which may be obtained by him or her.

(e) The department of elementary and secondary education shall deduct and retain the sum of two hundred thousand dollars ($200,000) from the amount appropriated under subsection (c) of this section. This sum, which will serve as the state match to federal funds, shall be used by the department of elementary and secondary education to enter into an agreement with the division of vocational rehabilitation to procure the services of vocational rehabilitation counselors for special education students in the public schools, and the agreement shall be subject to the approval of the commissioner of elementary and secondary education.

SECTION 43. Section 16-33-10 of the General Laws in Chapter 16-33 entitled "Rhode Island College" is hereby amended to read as follows:

16-33-10. Statutory references - Former name. -- Wherever in any existing law reference is made to Rhode Island College of Education, and wherever in existing law the term "college" or "said college," as variously used, refers to Rhode Island College of Education, the reference and the term shall be deemed, on and after the first day of July, 1960, to have reference to refer to Rhode Island College.

SECTION 44. Section 16-33.1-6 of the General Laws in Chapter 16-33.1 entitled "Community College of Rhode Island" is hereby amended to read as follows:

16-33.1-6. Statutory references - Former name. -- Whenever in any existing law reference is made to Rhode Island Junior College and wherever in existing law the term "junior college," "college," "said junior college," or "said college," as variously used, refers to "Rhode Island Junior College," the reference and the term shall be deemed on and after May 7, 1981, to have reference to refer to the Community College of Rhode Island.

SECTION 45. Section 16-37-3 of the General Laws in Chapter 16-37 entitled "Best and Brightest Scholarship Fund" is hereby amended to read as follows:

16-37-3. Scholarship committee - Members - Meetings - Officers.

There is hereby established the best and brightest scholarship committee, consisting of nine (9) members: one shall be the commissioner of elementary and secondary education, or the commissioner's designee; one shall be the commissioner of higher education, or the commissioner's designee; one shall be the president of the Rhode Island federation of teachers, or the president's designee; one shall be the president of the national education association of Rhode Island, or the president's designee; one shall be the president of the Rhode Island association of school committees, or the president's designee; one shall be the president of the Rhode Island association of superintendents of schools, or the president's designee; one shall be the executive director of the Rhode Island higher education assistance authority, or the director's designee; and two (2) shall be the parents of public or private school students, to be appointed by the governor for a two (2) year term commencing on September 1, 1987. The commissioner of elementary and secondary education shall call an organizational meeting of the committee on or before September 1, 1987. The committee shall thereafter elect a chairperson, vice chairperson, secretary, and treasurer for one year terms, the first term commencing September 1, 1987.

SECTION 46. Section 16-41-3 of the General Laws in Chapter 16-41 entitled "New England Higher Education Compact" is hereby amended to read as follows:

16-41-3. Rhode Island board members - Qualifications.

(a) The authority shall appoint four (4) resident members from Rhode Island who shall serve in accordance with article II of the compact. The authority shall appoint the members as follows: one member to serve until the first day of June, 1980, one member to serve until the first day of June, 1981, and two (2) members to serve until the first day of June, 1982, and all members shall serve until their successors are appointed and qualified. In the month of May 1980 and i In the month of May in each year thereafter, the authority shall appoint successors to those members of the compact whose terms shall expire in that year, to hold office on the first day of June in the year of appointment and until the first day of June in the third year after their respective successors are appointed and qualified.

(b) The majority leader of the senate shall appoint two (2) members of the senate to serve in accordance with article II for the member's legislative term.

(c) The speaker of the house shall appoint two (2) members of the house to serve in accordance with article II for the member's legislative term.

(d) Any vacancy of a member which shall occur in the commission shall be filled by the appointing authority for the remainder of the unexpired term. All members shall serve without compensation but shall be entitled to receive reimbursement for reasonable and necessary expenses actually incurred in the performance of their duties.

SECTION 47. Section 16-42.1-4 of the General Laws in Chapter 16-42.1 entitled "Rhode Island Academy For Gifted and Talented Students" is hereby repealed.

16-42.1-4. Appropriation.

There is hereby appropriated to the department of elementary and secondary education for fiscal year 1987-88 the sum of fifty thousand dollars ($50,000) for the purpose of making grants to local school districts for gifted academies, and the state controller is hereby directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much thereof as may be required from time to time upon receipt by the controller of vouchers duly authenticated.

SECTION 48. Section 16-45-7 of the General Laws in Chapter 16-45 entitled "Regional Vocational Schools" is hereby amended to read as follows:

16-45-7. Annual appropriations.

(a) The general assembly shall appropriate such any sum as it may deem necessary for the purpose of reducing local district area vocational technical school tuition. All districts which send students to state operated schools which are funded through the operations aid formula shall not be entitled to receive funds under this section for students attending those schools.

(b) For the fiscal year 1988-89 three hundred thousand dollars ($300,000), and for e Each year thereafter, one hundred percent (100%) of the approved regional vocational school expenditures for the reference year is appropriated. The commissioner of elementary and secondary education shall be responsible for approving regional vocational technical school budgets and eligible programs and shall promulgate rules and regulations for the approval of budget expenditures and operation of the schools. Funds for the fiscal year 1988-89 shall be prorated among the regional vocational technical schools in the proportion to which each school's full time equivalent student bears to the state total of full time equivalent students. All funds provided by this section will be ineligible for reimbursement under the provisions of chapter 7 of this title.

(c) If the sums appropriated for the fiscal year 1990-91 for making payments to communities under this section are not sufficient to pay in full the total amounts which all communities are entitled to receive under this section for the fiscal year, the maximum amounts which all communities are entitled to receive under this section for the fiscal year shall be ratably reduced.

SECTION 49. Section 16-53-2 of the General Laws in Chapter 16-53 entitled "Rhode Island State Advisory Council for Technical Vocational Education" is hereby amended to read as follows:

16-53-2. Composition of council.

(a) The council shall be composed of thirteen (13) members appointed by the governor in staggered terms, and on July 1, 1985, four (4) of whom shall be appointed to serve until June 30, 1986, four (4) of whom shall be appointed to serve until June 30, 1987, and five (5) of whom shall be appointed to serve until June 30, 1988; all the members shall serve until their successors are appointed and qualified;. during In the month of March thereafter the governor shall appoint members to succeed the members whose term will then next expire for a term of three (3) years commencing on the first day of July then next following and until the successor is named and qualified. A member shall be eligible to succeed him or herself. A vacancy other than by expiration shall be filled in like the same manner as an original appointment but only for the unexpired portion of the term.

(b) The membership of the council shall consist of:

(1) Seven (7) individuals who are representative of the private sector in the state who shall constitute a majority of the membership:

(i) Five (5) of whom shall be representative of business, industry, and agriculture including:

(A) One member who is representative of small business concerns; and

(B) One member who is a private sector member of the state job training coordinating council (established pursuant to 122 of the Job Training Partnership Act, 29 U.S.C 1532); and

(ii) Two (2) of whom shall be representatives of labor organizations;

(2) Six (6) individuals who are representative of secondary and postsecondary vocational institutions (equitably distributed among those institutions), career guidance and counseling organizations within the state, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations (including women, the disadvantaged, individuals with disabilities, individuals with limited English proficiency, and minorities) and of whom one member shall be representative of special education.

(c) In selecting individuals to serve on the state council, due consideration shall be given to the appointment of individuals who serve on a private industry council under the Job Training Partnership Act (established pursuant to 29 U.S.C. 1512), or on state councils established under other related federal acts.

(d) Members of the council may not represent more than one of the above specified categories; and there shall be appropriate representation of both sexes, racial, and ethnic minorities, and the various geographic regions of the state.

(e) The state shall certify the establishment and membership of the state council at least ninety (90) days prior to the beginning of each planning period described in 113(a)(1) of United States Public Law 98-524, 20 U.S.C. 2323(a)(1).

SECTION 50. Section 16-53.1-2 of the General Laws in Chapter 16-53.1 entitled "Rhode Island School Improvement Team Act of 2000" is hereby amended to read as follows:

16-53.1-2. Establishment of school improvement teams. -- (a) (1) The school board or school committees of the respective cities and towns shall establish a school improvement team for each school in the district, and shall develop procedures for the election and appointment of school improvement team members who are appointed after July 1, 2000. Each school improvement team shall be composed of the principal and an appropriately balanced number of teachers, education support employees, students, parents, and other business and community citizens who are representative of the ethnic, racial, and economic community served by the school, provided that vocational-technical center and high school school improvement teams shall include students, and middle and junior high school school improvement teams may include students. Members representing teachers, education support employees, students, and parents shall be selected by their respective peer groups at the school in a fair and equitable manner.

(2) Business and other community members shall be selected by the school according to a procedure established by the school board. The school board shall review the membership composition of each school improvement team. Should the school board determine that the membership elected by the school is not representative of the ethnic, racial, and economic community served by the school, the board shall appoint additional members to achieve proper representation. For the purposes of school improvement teams, the term "teacher" shall include classroom teachers, certified student services personnel, and media specialists. For purposes of this subsection, "education support employee" means any person employed by a school who is not defined as instructional or administrative personnel pursuant to law and whose duties require twenty (20) or more hours in each normal working week.

(b) The school board may establish a district school improvement team representative of the district and composed of teachers, students, parents, and other citizens or a district school improvement team which may be comprised of representatives of each school improvement team.

SECTION 51. Sections 16-54-3 and 16-54-4 of the General Laws in Chapter 16-54 entitled "Education of Limited English Proficient Students" are hereby amended to read as follows:

16-54-3. Regulation of the board of regents for elementary and secondary education.

It shall be the duty of the board of regents for elementary and secondary education to establish and promulgate regulations for the purpose of carrying out the intent of this chapter. These regulations shall include, but are not be limited to:

(1) Criteria for the identification, assessment, placement, and exiting of eligible students;

(2) Criteria for an appropriate educational program or service;

(3) Criteria for the monitoring and evaluation of educational programs;

(4) Administrative procedures for state reimbursement of approved programs and services;

(5) Definitions of responsibilities of the local school committees and the department of elementary and secondary education;

(6) Criteria for parent involvement;

(7) Time line for phasing in services and programs to assure that the process begins on May 18, 1982, and that all eligible children are served by the beginning of the school year 1985-86.

16-54-4. Reimbursement by the state.

(a) Each school district shall be reimbursed for expenditures for direct services and instructional programs. Reimbursement shall be made when these services and programs have been carried out in accordance with the requirements of state law and the board of regents' regulations relating to programs and services for limited English proficient students.

(b) For each fiscal year ending 1986 and each year thereafter, the following formula shall be used to distribute aid for limited English proficient students:

(1) The following formula and definitions are to be used to determine the entitlement for each school district for students in programs or services for the limited-English proficient:

Net local cost for Resident full-

limited English time equivalent

proficient students X limited English X Share ratio = Incentive

(statewide) student's district district entitlement

-----------------

Full-time equivalent

limited English

proficient students

(statewide)

(2) In the formula in subsection (a)(1) the terms shall have the following meanings:

(i) "Incentive entitlement" means the sum payable to a local school district under this formula.

(ii) "Net local cost for limited English proficient programs statewide" means the total net instructional expenditure in the reference year defined in 16-7-16 of local schools for the support of programs, or service for limited English proficient students, including the funds distributed pursuant to this chapter, as the sum is determined by the commissioner of elementary and secondary education. Federal funds shall be excluded from reimbursement.

(iii) "Full time equivalency students" means that time spent by students in an approval program or service reimbursable under this chapter divided by the amount of time in a normal school day.

(iv) "Share ratio" means the effective share ratio as calculated under 16-7-20.

(3) Further, n No school district shall receive for limited English proficient students more than one hundred percent (100%) of its expenditures in the reference year from a combination of state operations aid as calculated in accordance with 16-7-15 through 16-7-34 and reimbursement aid for limited English proficient students as calculated in accordance with this chapter.

(4) Notwithstanding the provisions of chapter 7 of this title, for the each fiscal year 1983-84 the sum of two hundred fifty thousand dollars ($250,000) is appropriated and for the fiscal year 1984-85 the sum of two hundred fifty thousand dollars ($250,000) is appropriated. These appropriations shall be made on the basis of the ratio of children served in the district to the state total of the children served during the preceding year. From fiscal year 1983-84 and thereafter not more than five percent (5%) of the funds appropriated under this chapter should be used for departmental expenditures for the administration of this chapter.

(5) If the sum appropriated by the state in any fiscal year for making payments to the cities and towns under this chapter are not sufficient to pay in full the total amount which all cities and towns are entitled to receive for the fiscal year, the maximum amount which all cities and towns are entitled to receive for the fiscal year is to be ratably reduced. In any given year after fiscal year 1984-85, the appropriation for implementation of this chapter shall not exceed two million five hundred thousand dollars ($2,500,000).

(6) Reimbursement payments as calculated under this chapter shall be made according to 16-7-17. All payments under this chapter shall be used exclusively to support programs and services for limited English proficient students.

(7) Expenditure reports shall be submitted by the local school districts to the commissioner of elementary and secondary education in accordance with rules and regulations of the board of regents for elementary and secondary education. The commissioner shall make an annual financial and program evaluation report to the legislature on the status of state and local efforts.

SECTION 52. Sections 16-56-2 and 16-56-11 of the General Laws in Chapter 16-56 entitled "Postsecondary Student Financial Assistance" are hereby amended to read as follows:

16-56-2. General appropriation.

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

(b) Notwithstanding the provisions of subsection (a), the sums appropriated for fiscal year 1995 and in each fiscal year thereafter are the sums appropriated for this purpose in Article 1 of P.L. 1992, ch. 133.

16-56-11. Transition.

Chapter 57 of this title and this chapter shall apply to financial assistance applicants subsequent to July 1, 1977, and subject to the rules and regulations of the authority, except for those students who had previously attended a postsecondary institution on or before July 1, 1978. Commencing with the academic year 1981-1982, n No student shall be ineligible for financial assistance pursuant to this chapter for reasons of attendance at a postsecondary institution on or before July 1, 1978.

SECTION 53. Section 16-57-6.4 of the General Laws in Chapter 16-57 entitled "Higher Education Assistance Authority" is hereby repealed.

16-57-6.4. Prepaid tuition plan. -- The authority shall, in conjunction with the executive director of the Rhode Island Student Loan Authority, the commissioner of higher education and the Advanced Tuition Payment Plant Commission, develop and present to the general assembly no later than May 1, 1998 a plan for the establishment of a prepaid tuition program.

SECTION 54. Sections 16-59-2, 16-59-6, 16-59-7.2, and 16-59-9 of the General Laws in Chapter 16-59 entitled "Board of Governors for Higher Education" are hereby amended to read as follows:

16-59-2. Appointment of members of the board of governors for higher education. -- (a) The governor shall, with the consent of the senate within thirty (30) days of May 7, 1981, establish the board by appointing three (3) members for terms of three (3) years, three (3) members for terms of two (2) years and two (2) members for terms of one year ten (10) members to serve in staggered terms. In 1981, terms shall commence with the date of appointment and expire on the thirty-first (31st) day of January thereafter corresponding with the number of years of the term to which appointed. Thereafter, The appointments shall be made for terms of three (3) years commencing on February 1 in the year of the appointment and ending on January 31 in the third (3rd) year thereafter, except in the case of the student member whose appointment shall be for a period of two (2) years.

(b) Within thirty (30) days of July 1, 1987, the governor shall, with the consent of the senate, enlarge the board by appointing two (2) additional public members, both for initial terms to expire on the thirty-first (31st) day of January 1991. Thereafter, appointments shall be made for terms of three (3) years commencing on February 1 in the year of appointment and ending on January 31 in the third (3rd) year thereafter.

(c) (b) At the expiration of their terms members shall remain and continue in their official capacity until a new member is appointed and confirmed. Any vacancy among the public members of the board shall be filled by appointment of the governor for the remainder of the unexpired term. In the selection and appointment of members of the board, the governor shall seek persons who best serve the entire needs of the state. Public members shall not be appointed for more than three (3) successive three (3) year terms each except the two (2) additional public members appointed in 1987, who shall be eligible for appointment to two (2) additional successive terms of three (3) years; provided, however, that this limitation shall not apply to that person designated as chairperson by the governor who may be a member so long as he or she shall serve as chairperson. Student members shall be appointed by the governor for a single two (2) year term and shall rotate among the three (3) public institutions.

16-59-6. Commissioner of higher education.

The board shall appoint a commissioner of higher education, who shall serve at the pleasure of the board, provided that his or her initial engagement by the board shall be for a period of not more than three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner of higher education, the governor shall serve as an additional voting member of the board, and provided that in the case of a tie, the president of the senate shall cast the deciding vote. The position of commissioner shall be in the unclassified service of the state and he or she shall serve as the chief executive officer of the board of governors and as the chief administrative officer of the office of higher education. The commissioner of higher education shall have such any duties as are defined in this section and elsewhere in this title and other such additional duties as may be determined by the board from time to time, and shall perform such any other duties as may be vested in him or her by law. In addition to the foregoing these duties and general supervision of the office of higher education and the appointment of the several officers and employees of the office, it shall be the duty of the commissioner of higher education:

(1) To develop and implement a systematic program of information gathering, processing, and analysis addressed to every aspect of higher education in the state, especially as that information relates to current and future educational needs.

(2) To prepare a master plan for higher education in the state; to coordinate the goals and objectives of the higher public education sector with the activities of the independent higher education sector where feasible.

(3) To communicate with and seek the advice of those concerned with and affected by the board of governors' determinations.

(4) To implement broad policy as it pertains to the goals and objectives established by the board from time to time; to enforce standards and to exercise general supervision over higher public education in the state and over independent higher education in the state as provided in subdivision (11) of this section; to assist in the preparation of the budget for public higher education and to be responsible upon direction of the board for the allocation of appropriations, the acquisition, holding, disposition, and general management of property.

(5) To be responsible for the coordination of the various higher educational functions of the state so that maximum efficiency and economy can be achieved.

(6) To assist the board in preparation and maintenance of a five-year funding plan for higher education; to assist the board in the preparation and presentation annually to the state budget officer in accordance with 35-3-4, of a total public higher educational budget.

(7) To recommend to the board of governors, after consultation with the presidents, a clear and definitive mission for each public institution of higher learning.

(8) To recommend to the board of governors, after consultation with the presidents, tables of organization for the public institutions of higher learning.

(9) To annually recommend to the board of governors, after consultation with the presidents, the creation, abolition, retention, or consolidation of departments, divisions, programs, and courses of study within the public colleges and universities to eliminate unnecessary duplication in public higher education and to address the future needs of public higher education in the state.

(10) To supervise the operations of the office of higher education and such any other additional duties and responsibilities as may be assigned by the board from time to time.

(11) To perform the duties herein vested in the board of governors with relation to independent higher educational institutions within the state under the terms of chapter 40 of this title and such any other laws as affect independent higher education in the state.

(12) To be responsible for the administration of policies, rules and regulations of the board of governors with relation to the entire field of higher education within the state, not specifically granted to any other department, board, or agency and not incompatible with law.

(13) To prepare standard accounting procedures for public higher education and all public colleges and universities.

(14) To carry out the policies and directives of the board of governors through the office of higher education and through utilization of the resources of the public institutions of higher learning.

(15) (i) To direct the office of higher education to compile and analyze the following information for presentation to the speaker of the house and the governor on or before June 1, 1991, and by May 1st annually thereafter:

(A) A detailed departmental breakdown of all faculty members employed at each state run college and university by rank (including all professors, associate professors, assistant professors, lecturers, instructors) and tenure (tenured and non-tenured, other) and by race (African American, Hispanic, Native American and Asian) and gender.

(B) A detailed report on current student enrollments for each class at each state run college and university by race and gender; by academic department, and by outreach program (e.g. talent development), guaranteed admissions program; and the current levels of funding and staff support for each of these programs.

(C) A report on the current status of the African and Afro-American studies programs at each institution and a five (5) year budgetary history of the programs along with projections for budgetary support for the next two (2) years.

(D) A plan for recruitment of African American and Hispanic faculty into tenure track positions at each institution with specific reference to and planned involvement with the New England higher education's minority faculty recruitment and development plan.

(ii) Certified copies of the report shall be furnished to the board of governors and the presidents of the state colleges and universities.

16-59-7.2. Longevity payments - Nonclassified employees. -- (a) The nonclassified employees of the board of governors for higher education, except for faculty employees and except for nonclassified employees already receiving longevity increases, shall be entitled to a longevity payment in the amount of five percent (5%) of base salary after ten (10) years of service and increasing to a total of ten percent (10%) of base salary after twenty (20) years of service. The provisions of this section will apply only to employees under the grade of nineteen (19). The longevity payments shall not be included in base salary. Longevity payments for nonclassified employees will be phased in during fiscal years 1990 through 1994 according to the following schedule:

Years of

Service Total Percentage of Base Salary

Fiscal Fiscal Fiscal Fiscal Fiscal

Year Year Year Year Year

1990 1991 1992 1993 1994 and thereafter

10-19 1% 2% 3% 4% 5%

20 or more 2% 4% 6% 8% 10%

(b) The board of governors is authorized to promulgate regulations implementing the provisions of this section.

16-59-9. Educational budget and appropriations.

(a) The general assembly shall annually appropriate any sums it deems necessary for support and maintenance of higher education in the state and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the appropriations or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the board of governors for higher education may by rule provide. The board shall receive, review, and adjust the budget of its several subordinate committees and agencies and for the office of higher education and present the budget as part of the budget for higher education, and the board may from time to time reallocate the budget of any board or agency or the office of higher education upon the request of the board or agency or upon its own initiative.

(b) The office of higher education and the institutions of public higher education shall establish working capital accounts and carry forward any unexpended balances for the fiscal years 1984-1985, 1985-1986, 1986-1987, 1987-1988 and 1988-1989 and 1989-1990 and 1990-1991 to the next fiscal year, provided that the use of this carry-forward is limited to expenditures for nonrecurring items such as equipment, library material, or other capital expenditures .

(c) Any tuition or fee increase schedules in effect for the institutions of public higher education shall be received by the board of governors for allocation for the fiscal year for which state appropriations are made to the board of governors by the general assembly; provided that no further increases may be made by the board of governors for the year for which appropriations are made. Except, however, that the foregoing these provisions shall not apply to the revenues of housing, dining, and other auxiliary facilities at the University of Rhode Island, Rhode Island College, and the Community Colleges including student fees as described in P.L. 1962, ch. 257 heretofore or hereafter pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 as amended.

(d) All housing, dining, and other auxiliary facilities at all public institutions of higher learning shall be self-supporting by June 30, 1987 and, thereafter, no funds shall be appropriated by the general assembly to pay operating expenses, including principal and interest on debt services, and overhead expenses for the facilities. Any debt service costs on general obligation bonds presented to the voters in November 2000 or appropriated funds from the Rhode Island capital plan for the housing auxiliaries at the University of Rhode Island and Rhode Island College shall not be subject to the above this self-supporting requirement in order to provide funds for the building construction and rehabilitation program. In furtherance of this provision t The institutions of public higher education will establish policies and procedures which enhance the opportunity for auxiliary facilities to be self-supporting, including among other things, that all faculty provide timely and accurate copies of booklist for required textbooks to the public higher educational institution's bookstore.

(e) The additional costs to achieve self-supporting status shall be by the implementation of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, operating expenses, principal, and interest on debt services, and overhead expenses, and shall be phased in on a pro-rata basis beginning with fiscal year 1983 and ending with fiscal year 1987. The level of support appropriated by the general assembly to sustain auxiliary facilities in fiscal year 1982 shall hereafter not be diminished while the institution is achieving self-supporting status. The difference of money between achieving self-supporting status and that which is annually appropriated by the general assembly for these programs shall be used by the institutions toward academic programs.

SECTION 55. Sections 16-60-2 and 16-60-7.2 of the General Laws in Chapter 16-60 entitled "Board of Regents for Elementary and Secondary Education" are hereby amended to read as follows:

16-60-2. Appointment of board members.

The governor shall with the consent of the senate within thirty (30) days of May 7, 1981, establish the board by appointing eight (8) members to serve staggered terms. three (3) members for terms of three (3) years, three (3) members for terms of two (2) years and two (2) members for terms of one year. In 1981, terms shall commence with the date of appointment and expire on the 31st day of January thereafter corresponding with the number of years of the term to which appointed. Thereafter The appointments shall be made for terms of three (3) years commencing on February 1 in the year of appointment and ending on January 31 in the third (3rd) year thereafter, except, at the expiration of their terms members shall remain and continue in their official capacity until a new member is appointed and confirmed. Any vacancy among the public members of the board shall be filled by appointment of the governor for the remainder of the unexpired term. In the selection and appointment of members of the board the governor shall seek persons who best serve the entire needs of the state. Public members shall not be appointed for more than three (3) successive three (3) year terms each; provided, however, that this limitation shall not apply to that person designated as chairperson by the governor who may be a member so long as he or she shall serve as chairperson.

16-60-7.2. Longevity payments - Nonclassified employees. -- (a) The nonclassified employees of the board of regents for elementary and secondary education, except for nonclassified employees already receiving longevity increases, shall be entitled to a longevity payment in the amount of five percent (5%) of base salary after ten (10) years of service and increasing to a total of ten percent (10%) of base salary after twenty (20) years of service. The provisions of this section shall apply only to employees under the grade of nineteen (19). The longevity payments shall not be included in base salary. Longevity payments for nonclassified employees will be phased in during fiscal years 1990 through 1994 according to the following schedule:

Years of

Service Total Percentage of Base Salary

Fiscal Fiscal Fiscal Fiscal Fiscal

Year Year Year Year Year

1990 1991 1992 1993 1994 and thereafter

10-19 1% 2% 3% 4% 5%

20 or more 2% 4% 6% 8% 10%

(b) The board of regents is authorized to promulgate regulations implementing the provisions of this section.

SECTION 56. Sections 16-61-4 and 16-61-8.1 of the General Laws in Chapter 16-61 entitled "Rhode Island Public Telecommunications Authority" are hereby amended to read as follows:

16-61-4. Appointment of public members - Compensation. -- (a) The governor shall with the consent of the senate, within thirty (30) days of May 7, 1981, establish the authority by appointing five (5) members to serve staggered terms. three (3) members for terms of three (3) years, one member for a term of two (2) years and one member for a term of one year. In 1981, terms shall commence with the date of appointment and expire on the 31st day of January thereafter corresponding with the number of years of the term to which appointed. Thereafter, The appointments shall be made for terms of three (3) years commencing on February lst in the year of appointment and ending on January 31st in the third (3rd) year thereafter. Any vacancy among the public members of the authority shall be filled by appointment of the governor for the remainder of the unexpired term. In the selection and appointment of members of the authority, the governor shall seek persons who best serve the entire needs of the state. Public members shall not be appointed for more than two (2) successive three (3) year terms each; provided, however, that this limitation shall not apply to that person designated as chairperson by the governor who may be a member so long as he or she shall serve as chairperson.

(b) The public members of the authority shall receive compensation in the amount of fifty dollars ($50.00) for each day of actual service in attending meetings or duly organized subcommittee meetings of the authority at which business is transacted; provided, however, that the compensation in any one year shall not exceed the sum of three thousand dollars ($3,000) per member.

(c) The senate and house finance chairpersons shall receive no compensation for their services but shall be allowed their travel and necessary expenses. The chairperson of the authority shall receive seventy-five dollars ($75.00) for each day of actual service in attending meetings of the board at which business is transacted; provided, however, that he or she shall not receive more than four thousand five hundred dollars ($4,500) in any one year.

16-61-8.1. Longevity payments - Nonclassified employees. -- (a) Nonclassified employees of the Rhode Island public telecommunications authority, except for nonclassified employees already receiving longevity increases, shall be entitled to a longevity payment in the amount of five percent (5%) of base salary after ten (10) years of service and increasing in a total of ten percent (10%) of base salary after twenty (20) years of service. The provisions of this section shall apply only to employees under the grade of nineteen (19). The longevity payments shall not be included in base salary. Longevity payments for nonclassified employees will be phased in during the fiscal years 1990 through 1994 according to the following schedule:

Years of

Service Total Percentage of Base Salary

Fiscal Fiscal Fiscal Fiscal Fiscal

Year Year Year Year Year

1990 1991 1992 1993 1994 and thereafter

10-19 1% 2% 3% 4% 5%

20 or more 2% 4% 6% 8% 10%

(b) The telecommunications authority is authorized to promulgate regulations implementing the provisions of this section.

SECTION 57. Section 16-66-6 of the General Laws in Chapter 16-66 entitled "The Rhode Island School Staff Institute" is hereby amended to read as follows:

16-66-6. Advisory board. -- (a) The school staff institute advisory board is hereby created, consisting of the following seventeen (17) members: eight (8) school teachers, four (4) to be appointed by the president of the Rhode Island federation of teachers and four (4) to be appointed by the president of the national education association of Rhode Island; one superintendent of schools, to be appointed by the president of the Rhode Island association of school superintendents; one school principal, to be appointed by the president of the Rhode Island association of school principals; one school committee member, to be appointed by the president of the Rhode Island association of school committees; three (3) higher education representatives, one to be appointed by the commissioner of higher education in consultation with the president of the University of Rhode Island, one to be appointed by the commissioner of higher education in consultation with the president of Rhode Island College, and one representing a nonpublic institution of higher education and appointed by the commissioner of elementary and secondary education in consultation with the commissioner of higher education; one public member to be appointed by the commissioner of elementary and secondary education; one member of the house of representatives, to be appointed by the speaker of the house; and one member of the senate, to be appointed by the majority leader of the senate. The house and senate appointees shall be nonvoting members of the advisory board.

(b) With the exception of the house and senate members, the members of the advisory board shall serve two (2) year terms, the first term commencing July 1, 1985, and ending June 30, 1987, or until such the time as their successors shall be appointed. The house and senate members shall serve at the pleasure of the appointing authority.

(c) The advisory board shall organize itself at a meeting called by the speaker of the house in July of each odd numbered year, commencing in 1985.

(d) Members of the advisory board shall receive no compensation.

(e) The advisory board shall elect a chairperson and such other officers as it deems appropriate.

(f) The advisory board will review and make recommendations to the commissioner of elementary and secondary education relative to all aspects of the Rhode Island school staff institute including, but not limited to, implementation and delivery of services and funding, program approvals and denials, fiscal data, evaluation, and dissemination.

(g) The advisory board shall submit a report on the institute to the general assembly in January of each year; this report shall include but not be limited to recommendations regarding institute funding for the next fiscal year.

SECTION 58. Section 16-67-4 of the General Laws in Chapter 16-67 entitled "Rhode Island Literacy and Dropout Prevention Act of 1987" is hereby amended to read as follows:

16-67-4. Funding. -- The programs described in this chapter shall be funded as follows:

(1) Screening for all children first entering school. This program shall be supported by an annual appropriation. All children first entering school will be screened. Allocations to school districts will be determined by the commissioner of elementary and secondary education.

(2) Literacy focus in instruction in kindergarten through grade three (3) for all students and supplementary literacy instruction for educationally disadvantaged students in grades Kindergarten through twelve (12). (i) For 1988-1989, 1989-1990 and 1990-1991 these These two (2) programs shall be supported by funds set aside from the state operations aid to be provided to school districts; thereafter, these programs may be supported with funds from the Educational Improvement Block Grant. The amount to be set aside will be three percent (3%) of the total of state operations aid in fiscal year 1988-89, four percent (4%) in fiscal year 1989-90, five percent (5%) in fiscal year 1990-91, 1991-1992, 1992-1993, and four percent (4%) in fiscal year 1993-1994 and thereafter. Each district will be informed of the set aside amount by November 1 of each year. The full set aside amount will be available for use by the district. Use of this set aside amount will be based on a plan submitted by local school districts to the department of elementary and secondary education for approval. All funds must be used to supplement, not supplant, existing activities. Use of these funds must be coordinated with other funds, including chapter I and 4 funds. Provided, however, that the commissioner of elementary and secondary education may waive the requirement for use of all or part of the set aside amount for these purposes when it is shown to his or her satisfaction that the ongoing level of literacy instruction meets the standards set with regard to student achievement of the specified outcomes in literacy. The commissioner must respond to the aforementioned request for waiver within sixty (60) days of receipt of the request. If no action is taken by the commissioner within the sixty (60) days time period the request shall be deemed approved.

(ii) The commissioner shall consider and shall address in a written decision each of the following factors in reaching a decision on whether or not a waiver shall be granted: (A) the average standardized test scores for the school district and each school within the district; (B) the number and percent of students in the school district who fall below the cut-off score established by the commissioner; (C) whether or not the scores and number of students referenced to in (A) and (B) have improved over the preceding three (3) years; (D) the percent of students for each of the preceding three (3) years who failed to graduate from high school; (E) the extent to which the literacy program of the district includes provision for: (I) integrating the literacy skills of reading, writing, speaking, and listening, (II) incorporating the literacy skills across content areas, (III) supplementing the basal reader program with the use of literature, (IV) incorporating process writing into the language arts curriculum, (V) supplementing instruction in literacy skills for low achieving students; and (F) the pupil teacher ratio in grades kindergarten through three (3). The commissioner will reply in detail to the community within the sixty (60) day period giving reasons for approval or denial of waiver.

(3) Dropout prevention programs. These programs shall be supported by an annual appropriation. Projects shall be selected and funds shall be allocated at the discretion of the commissioner of elementary and secondary education.

(4) State level program support. These activities shall be supported by an annual appropriation. Funds shall be allocated at the discretion of the commissioner of elementary and secondary education.

(5) Commissioner's report. The commissioner shall report to the governor and general assembly by January 1, 1991 regarding the implementation of the literacy and dropout prevention programs and the need to continue the set-aside provision contained herein in this section.

SECTION 59. Section 16-72-3 of the General Laws in Chapter 16-72 entitled "Rhode Island Challenge Grants Act" is hereby amended to read as follows:

16-72-3. Allocation and administration of grants - Capital projects. -- (a) For the duration of the program, each institution of public higher education shall be eligible to receive one-third (1/3) of the funds estimated to be available by the director of administration. Provided, however, in no instance shall amounts allocated by the board of governors exceed those estimated to be available by the director of administration. The amount allocated to the institutions by the board of governors for higher education shall be in the following manner: Each institution which raises contributions for capital projects of no less than one hundred fifty thousand dollars ($150,000) each shall receive a matching grant equal to thirty-three percent (33%) of the private contribution for each and every such contribution.

(b) Matching grants shall be made only for those contributions which shall be made after July 1, 1993. For the purposes of determining the amount of a matching grant, multiple grants from a single individual, corporation, or foundation within a twelve (12) month period shall be matched at the total amount of the contribution made for the purposes of this section. Each institution's foundation shall establish its own Rhode Island capital fund as a depository for private contributions and state matching funds as provided herein. State matching funds shall be transferred to an institutional foundation upon notification that the institution has received and deposited a proportionate amount specific in this section.

(c) The foundation serving the institution shall have the responsibility for the maintenance and investment of its capital fund and for the administration of the program for the institution. The government board of each foundation shall be responsible for assisting in the solicitation of gifts and for receiving gifts to be used as funds to be deposited and matched within the challenge grants for the establishment of the capital fund for each institution. Each foundation shall include in its annual report to the board of governors for higher education information concerning collection and investment of donations and matching grants of the capital fund.

SECTION 60. Section 16-73-4 of the General Laws in Chapter 16-73 entitled "Education - Social Services" is hereby repealed.

16-73-4. Submission of findings and recommendations. -- The board of regents for elementary and secondary education in cooperation with the children's cabinet shall submit findings and recommendations for creating child opportunity zones to the general assembly and the governor no later than June 30, 1995.

SECTION 61. Sections 16-79-1, 16-79-2, 16-79-3, 16-79-4, and 16-79-5 of the General Laws in Chapter 16-79 entitled "Education Funding Plan" are hereby repealed.

16-79-1. Legislative findings.

The general assembly finds that there is a need to develop a public education funding plan which:

(a) Reduces reliance on the property tax,

(b) Distributes state education aid in a manner which considers student needs and local property tax burdens and which is calculated on a forward funded appropriation basis,

(c) Provides a predictable amount and source of funding for education programs,

(d) Recognizes the state's ability to support education and is consistent with the Rhode Island Supreme Court ruling.

16-79-2. Education funding plan.

(A) A special joint commission consisting of (10) ten members of the general assembly is hereby established. The Speaker of the House and Senate Majority Leader shall each appoint five members to the special joint commission. There shall be majority and minority party representation on the commission from each chamber. The special joint commission shall prepare and submit no later than January 15, 1997 to the General Assembly an education funding plan (hereinafter referred to as the "Funding Plan"). An interim report on the development of the Funding Plan shall be submitted no later than November 30, 1996. The Department of Elementary and Secondary Education shall provide all necessary support to the special joint commission.

(B) The Funding Plan shall include a formula for the distribution of state aid to education which:

(i) Distributes aid on the basis of actual student needs in addition to a core educational program.

(ii) Includes per pupil cost factors such as, pupil-teacher ratios, teacher and staff compensation, technology investments, educational supplies, teacher training and professional development, those special costs associated with providing education to economically disadvantaged children and children with other special needs and others the commission deems necessary.

(iii) Incorporates per pupil costs based on the lowest cost necessary to achieve efficiency and effectiveness.

(iv) Includes a transitional funding plan which provides each municipality and regional school district no less State school aid in fiscal years 1998 through fiscal year 2000 than it received in fiscal year 1997.

(v) Assumes that the municipal share of funding elementary and secondary education is based upon a minimum education property tax levy to support educational programs. No municipality which levies the minimum educational property tax levy and has maintained local effort shall be required to levy additional property taxes to provide for the support and management of elementary and secondary education. Revenue raised in a municipality shall remain in the municipality and not be used for redistribution to other districts.

Municipalities which experience changes in enrollments, are unique due to their size, and/or geographic characteristics, and which by objective criteria are found to provide local support adequate to meet student needs may be exempt from the need to levy the minimum educational property tax levy or meet the maintenance of effort provision.

(vi) Does not prohibit a community from exceeding the minimum property tax levy to reflect its own assessment of local needs.

(vii) Maintains the State School Housing Aid Program ( 16-7-35 to 16-7-47) as a separate program.

16-79-3. Municipal tax capacity.

No later than November 1, 1996, the Director of Administration, by and through the Office of Municipal Affairs in the Department of Administration, shall submit to the joint commission a proposal for measurement of municipal capacity to fund education.

16-79-4. Financing accountability.

In fiscal year 1997, a financial accountability pilot program in no less than ten (10) school districts selected by the Special Joint Commission shall be implemented to clearly track key education investments in Rhode Island and identify the return on such investments shall be implemented.

16-79-5. Performance evaluation.

Prior to July 1, 1997, the Board of Regents shall submit to the General Assembly a reporting system by which student performance data and accurate comparable financial data can be utilized to evaluate each school district and each school's use of its education resources and which is consistent with laws enacted by the General Assembly which specify reporting requirements.

SECTION 62. Section 16-82-6 of the General Laws in Chapter 16-82 entitled "The Rhode Island Urban Education Act of 1998" is hereby repealed.

16-82-6. Appropriation. -- For the fiscal year 1999 the appropriation shall be eight million dollars ($8,000,000) to carry out the purposes of 16-7.1-16.

SECTION 63. Section 17-19-3.4 of the General Laws in Chapter 17-19 entitled "Conduct of Election and Voting Equipment, and Supplies" is hereby repealed:

17-19-3.4. New voting technology - Declaration of purpose.

WHEREAS, Mechanical lever voting machines have been in use in the state of Rhode Island for more than fifty (50) years; and

WHEREAS, Voting machine technology has now advanced to the point where votes can be cast and reliably recorded on fully electronic voting machines; and

WHEREAS, Fully electronic voting machines are now in use in various states and have resulted in returning accurate and reliable voting results within a shorter period of time than is possible through the use of mechanical lever machines; and

WHEREAS, The general assembly finds that it is in the public interest to begin the process of eventual conversion from mechanical lever voting machines to other and more modern voting technology;

Therefore, the general assembly determines that fully electronic voting machines may be employed, on a trial basis, in elections held in the State of Rhode Island but only to the extent provided in 17-19-3.5 [repealed].

SECTION 64. Section 23-1-30 of the General Laws in Chapter 23-1 entitled "Department of Health" is hereby repealed.

23-1-30. Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

SECTION 65. Chapter 23-1 of the General Laws entitled "Department of Health" is hereby amended by adding thereto the following section:

23-1-51. Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

SECTION 66. Section 23-4.11-13 of the General Laws in Chapter 23-4.11 entitled "Rights of the Terminally Ill Act" is hereby repealed.

23-4.11-13. Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

SECTION 67. Chapter 23-4.11 of the General Laws entitled "Rights of the Terminally Ill Act" is hereby amended by adding thereto the following section:

23-4.11-15. Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

SECTION 68. Section 23-9-6 of the General Laws in Chapter 23-9 entitled "Quarantine of Vessels" is hereby amended to read as follows:

23-9-6. Penalty for refusal to anchor in quarantine.

Every commander of a ship or vessel who shall, upon being hailed and directed by the sentinel, refuse or neglect to bring his or her ship or vessel to anchor within the limits as above described in 23-9-4, shall be fined not exceeding five hundred dollars ($500) nor less than twenty dollars ($20.00), to the use of the town.

SECTION 69. Sections 23-13-17 and 23-13-23 of the General Laws in Chapter 23-13 entitled "Maternal and Child Health Services for Children With Special Health Care Needs" are hereby amended to read as follows:

23-13-17. Special supplemental food program for women, infants, and children (WIC).

(a) The director of health shall administer a program to be called the WIC program, to provide supplemental foods and nutrition education to pregnant, postpartum, and breastfeeding women, infants, and young children from families who meet financial eligibility standards established by the department and who are at special risk with respect to their physical and mental health by reason of inadequate nutrition, or health care, or both. The WIC program shall be administered in a manner consistent with applicable federal law, 42 U.S.C. 1786, and the provision of this chapter.

(b) The WIC program shall maintain an average caseload of eighteen thousand (18,000) participants during the fiscal year beginning July 1, 1987, and shall serve a minimum of an additional four thousand (4,000) participants in each succeeding fiscal year until July 1, 1991, after which date, all All applicants and participants who are eligible shall be entitled to participate in the WIC program.

(c) In addition to funds received by the department from the federal government, there is hereby appropriated the sum of two hundred thousand dollars ($200,000) as amended for the fiscal year beginning July 1, 1987. The cost of the program shall not exceed two hundred thousand dollars ($200,000).

(d) Every person, party, entity, partnership, corporation, or other business, governmental, or nonprofit entity which embezzles, willfully misapplies, steals, or obtains by fraud or deception any funds, assets or property provided under 7 of the Child Nutrition Act of 1986, 42 U.S.C. 1756, United States Public Law, as amended, or under this chapter, whether received directly or indirectly from the United States department of agriculture or the Rhode Island department of health, or receives, conceals or retains such those funds, assets, or property for his or her own interest, knowing such those funds, assets, or property have been embezzled, willfully misapplied, stolen, or obtained by fraud or deception shall, if such the amount of funds, assets, or property are of the value of five hundred dollars ($500) or more, be fined not more that ten thousand dollars ($10,000), or if such the amount of funds, assets, or property are of a value of less than five hundred dollars ($500), shall be fined not more than one thousand dollars ($1,000). The amount of funds, assets, or property provided under the special supplemental food program for women, infants, and children misdirected in violation of this chapter shall be calculated as the aggregate from any and all incidents or acts prohibited by this chapter occurring in any consecutive twelve (12) month period.

(e) Every person, party, entity, partnership, corporation, or other business, governmental, or nonprofit entity which duplicates, causes to be duplicated, creates, manufactures, or causes to be created or manufactured any copy or facsimile of any article or method employed by the Rhode Island department of health to identify food vendors which redeem food instruments of the special supplemental food program for women, infants and children (WIC program) without the express written authorization of the Rhode Island department of health or whoever obtains, steals, conceals or retains such a WIC program vendor identifier knowing such the identifier has been copied or created without department of health authorization or obtains or retains such an identifier or copy or facsimile thereof, without the express written authorization of the Rhode Island department of health shall, if such the WIC program vendor identifier is used in the acceptance, redemption, or deposit of WIC program food instruments be fined not more than ten thousand dollars ($10,000), or if such the unauthorized vendor identifier is not shown to have been used in the acceptance, redemption, or deposit of WIC program food instruments shall be fined not more than one thousand dollars ($1,000).

(f) Every person, party, entity, firm, or corporation which misrepresents itself as, or in any other manner improperly, fraudulently or deceptively holds itself out to be, authorized by any unit of the federal, state, or local government or other entity to accept, redeem, or deposit WIC program food instruments, such as WIC checks, or which otherwise attempts or solicits to accept, redeem, or deposit WIC food instruments without the express authorization of the department in any manner shall, if such the action is accompanied by the unauthorized acceptance, redemption, or deposit of WIC program food instruments, be fined not more than ten thousand dollars ($10,000), or if such those actions are not shown to have been accompanied by the acceptance, redemption, or deposit of WIC program food instruments, shall be fined not more than one thousand dollars ($1,000).

(g) The possession of any such funds, assets, property, vendor identifier or WIC food instruments shall be evidence of guilty knowledge by the person having such possession that such the property was embezzled, willfully misapplied, stolen, or obtained by fraud or deception or created or received without authorization except such the person shows that it was acquired in the due course of trade and for adequate consideration.

(h) Any penalty imposed under this chapter shall be in addition to immediate repayment of any claim made under the provisions of the R.I. state plan of operation and administration of the special supplemental food program for women, infants, and children for funds improperly obtained or received.

(i) Any fine imposed under this chapter does not preclude any other sanctions or penalties set forth in state or federal regulations, rules or the provisions of the R.I. state plan of operation and administration for the special supplemental food program or the provisions of the vendor participation agreement in force between the R.I. department of health and any WIC program vendor.

23-13-23. Interagency coordinating council.

The interagency coordinating council, which is composed in accordance with Public Law 99-457 (part H), 20 U.S.C. 1471 et seq. 20 U.S.C. Section 1441, as added by Public law 105-17, shall monitor the multiagency operation of the early intervention program and to provide a forum where problems may be addressed relating to the delivery of services in the early intervention program.

SECTION 70. Section 23-17-13 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:

23-17-13. Health services council.

There shall be, and the same is hereby established, a health services council consisting of twenty-two (22) members, eight (8) of whom shall be appointed by the speaker of the house, one of whose appointments shall represent hospital service corporations, six (6) of whom shall be appointed by the majority leader of the senate, one of whose appointments shall represent hospitals and a second of whose appointments shall represent the business community, and eight (8) of whom shall be appointed by the governor, one of whose appoints shall represent the state budget office and a second of whose appointment shall represent the department of human services. The governor shall appoint members of the council as follows: three (3) members to serve until the first day of March, 1970, two (2) members to serve until the first day of March, 1971, and two (2) members to serve until the first day of March, 1972, in staggered appointments, three (3) members one year, two (2) members the next year, and two (2) members the year after that .and a All members shall serve until their successors are appointed and qualified. In the month of February, 1970, and in the month of February in each year thereafter, the governor shall appoint successors to the members of the council whose terms shall expire in such that year, to hold office commencing on the first day of March in the year of appointment until the first day of March in the third year thereafter or until their respective successors are appointed and qualified. Legislative members shall serve until the end of their legislative term. Any vacancy of a member appointed which may occur in the commission shall be filled by appointment by the respective appointing authority for the remainder of the unexpired term. The council may also serve as an advisory council as authorized by 23-16-3.

SECTION 71. Section 23-17.12-17 of the General Laws in Chapter 23-17.12 entitled "Health Care Services - Utilization Review Act" is hereby amended to read as follows:

23-17.12-17. Severability.

If any provision of this chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions of or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

SECTION 72. Sections 23-18-8 and 23-18-10 of the General Laws in Chapter 23-18 entitled "Cemeteries" are hereby amended to read as follows:

23-18-8. Speculative sales prohibited.

The sale of cemetery lots or plots, or the sale of crypts or niches in a community mausoleum, or niches in a columbarium, crematory, or any other similar structure, for speculative purposes, or upon the promise, representation, or inducement to the purchaser that the same structure may be resold at a financial profit, is hereby prohibited. Any person or individual who shall make, or attempt to make, either on his or her own behalf or on behalf of another, a sale or conveyance contrary to the provisions of this chapter, shall be punished as hereinafter provided in 23-18-9.

23-18-10. City and Town regulation of burial grounds.

(a) The city or town council of any city or town may prohibit burials in the compact or thickly-populated parts of the city or town, and may make such those by-laws and ordinances relating to burials and the use of grounds for burials in the city or town as they that it may think necessary for preserving the health thereof of the city or town, and as necessary to carry out the provisions of this chapter, and may enforce the ordinances in the manner provided in chapter 18 of this title.

(b) The town councils of the towns of East Providence, East Greenwich, and Smithfield and the city councils of the cities of East Providence, Warwick, Cranston, and Woonsocket, after having prevented further burials in such those parts of such their towns or cities as above provided in subsection (a), may order, in accordance with chapter 18 of this title, the owner of the burial ground so prohibited, and in the interest of public welfare, to cause to be removed the cadavers or remains of any persons buried therein, and transferred to and interred in some other cemetery within the state, the removal and interment to be under the direction of a qualified funeral director and with the approval of the nearest of kin of the deceased and at the expense of the owner of the land.

(c) No cadaver or remains shall be removed unless the owner of the land shall give notice by certified mail to the nearest of kin known to him or her, and by advertising in one or more daily newspapers having circulation within the town or city at least once a week for three (3) successive weeks. In the event there shall be no nearest of kin known to the owner or that the nearest of kin shall neglect or refuse to approve the removal and interment, the city or town shall cause the cadavers or remains to be removed, transferred, and interred in such any other cemetery in accordance with the laws, rules, and regulations of the religious denomination, if any shall be known or ascertained, to which the deceased subscribed.

SECTION 73. Section 23-18.8-2.1 of the General Laws in Chapter 23-18.8 entitled "Waste Recycling" is hereby amended to read as follows:

23-18.8-2.1. Definitions.

As used in this chapter:

(1) "Corporation" shall mean the solid waste management corporation;

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

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

(4) "Post-consumer waste" shall have the meaning given "Post-consumer content" in 37-2-76.1(3 2).

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

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

SECTION 74. Sections 23-18.9-3 and 23-18.9-9 of the General Laws in Chapter 23-18.9 entitled "Refuse Disposal" are hereby amended to read as follows:

23-18.9-3. Grants-in-aid.

(a) Funds annually appropriated annually by the general assembly for the purposes of this chapter shall not exceed forty cents (40) per capita as determined from the latest available federal census of population for the state.

(b) Sixty-two and one-half percent (62.5%) of the total shall be apportioned to each community in the state, eighty percent (80%) on the basis of the ratio of the population of each community to the total population of the state, as determined by the latest available federal census of population, and twenty percent (20%) on the basis of the ratio of the number of employees located in each community to the total number of persons employed in the state, as reported for the month of December each year by the department of employment and training; provided, however, that Block Island be is reported for the month of July. To be eligible to receive these funds, a community must first meet the requirements of 23-18.9-1.

(c) The remaining thirty-seven and one-half percent (37.5%) of the funds shall be apportioned by the same formula as the sixty-two and one-half percent (62.5%) of the funds heretofore described in subsection (b) , and shall be distributed to each community which is a part of a duly authorized arrangement involving more than one community, which satisfies any rules and regulations which may be reasonably established by the department of environmental management concerning inter-local refuse disposal activities or which is a part of any refuse disposal district created by the general assembly.

23-18.9-9. Application, approval and fees for licenses.

(a) (1) Any person who desires to construct and/or operate a solid waste management facility or expand an existing facility shall apply to the director for all licenses and/or permits so to do provided, however, that the application shall state all licenses and/or permits for which application is made. Any person who desires to construct and/or operate a private solid waste disposal facility shall submit to the director simultaneously with the application a certificate of final determination from the municipality in which it is proposed to site the facility that the site conforms with all applicable local land use and control ordinances or on appeal a final judgment of a court that the proposed site for the facility conforms with all applicable land use and control ordinances of the municipality. The applicant shall also submit simultaneously with the application a certificate of approval of the proposed site issued by the state planning council, except for statutorily mandated facilities. The council shall only approve a site after evaluation of alternative sites and assessment of comparative environmental impact at the sites in accordance with law and state planning council rules, and in the absence of such, the council shall promulgate rules for the evaluation and/or assessment, and distribution of location of sites for waste facilities among the regions of this state. The council shall not issue its certificate prior to the publication of public notice and the expiration of the public comment period regarding the proposed site. Any applicant who shall propose to substantially deviate from the use or purpose stated in any application pending on July 1, 1974 shall be subject to the provisions of this chapter. The director shall review and decide all applications.

(2) (i) Notwithstanding the provisions of 42-35-14 to the contrary, the director shall forthwith review such application and shall give public notice of the intention to issue a draft license or the intention to deny the application.

(ii) The draft license and/or tentative denial, including all supporting documentation, shall be made available for public comment.

(3) Within fifteen (15) days of the date of the public notice to issue the draft license, the director shall hold an informational workshop. The purpose of the informational workshop shall be to discuss the type of facility or activity which is the subject of the draft license; the type and quantity of wastes, which are proposed to be managed, processed and/or disposed; a brief summary for the basis for the draft license; conditions, including references to applicable statutory or regulatory provisions; reasons why any requested variances or alternatives to required standards do or do not appear justified; a description of the procedures for reaching a final decision on the draft license, which shall include the beginning and ending dates for the comment period hereafter, the address where comments will be received, procedures for requesting a hearing and the nature of that hearing, any other procedures by which the public may participate in the final decision; and the name and telephone number of a person to contact for further information.

(4) No earlier than sixty (60) days nor later than seventy-five (75) days following the initial public notice of the issuance of the draft license or tentative denial, a hearing shall be held for public comment. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, which shall be considered part of the record, may be submitted for thirty (30) days following the close of the public comment hearing.

(5) Within ninety (90) days of the close of the public comment period, the director shall issue the license or the final denial. The license or the final denial shall be in writing and shall include a response to each substantive public comment. In the event that the director shall fail to issue the license or final denial within the ninety (90) day period, then the applicant may petition the superior court to issue its writ of mandamus ordering the director or some suitable person to forthwith issue the license or denial. Any person refusing to obey the writ of mandamus shall be subject to penalties for contempt of court. The writ of mandamus shall be the exclusive remedy for failure of the director to comply hereunder.

(6) The applicant and/or any person who provided substantive comment at any time during the public comment period may appeal the decision of the director; provided, however, any person who shall demonstrate good cause for failure to so participate and demonstrate that his or her interests shall be substantially impacted if prohibited from appearance in the appeal, may in the discretion of the hearing officer be permitted to participate in the appeal process.

(7) The appeal shall be limited to those issues raised by the parties; provided, however, that upon good cause shown, the director shall allow additional issues to be raised.

(8) All appeals shall be pursuant to the rules and regulations established by the director and the rules and regulations established by the traffic tribunal; provided, however, that all appeals shall contain precise statements of the issues presented on appeal and the specific part or parts of the decision of the director which are challenged.

(9) All appeals shall be heard before administrative adjudication hearing officers. All hearings shall be evidentiary hearings. All witnesses shall testify under oath and shall be subject to cross-examination.

(10) The hearing officer shall determine and apportion to the applicant the actual costs of the appeal process, exclusive of attorneys' fees. These costs shall not be considered administrative penalties.

(b) The director shall publish a schedule of fees to be paid to file an application for a license. These fees shall be reasonable and shall account for the size and complexity of the proposed project and any other criteria as the director may determine; provided, however, that no application fee shall exceed one hundred thousand dollars ($100,000).

(c) Licenses shall expire three (3) years from the date of issuance unless sooner suspended or revoked. The provisions in this section for issuance of a license shall not apply to the renewal of a license and any facility shall be relicensed if it meets the criteria in effect when the facility was licensed; provided, however, that any renewal application which substantially deviates from the use or purpose of the license shall be subject to the provisions of this chapter and further provided that any facility shall be relicensed if it meets the criteria in effect when the facility was licensed. The director is authorized to promulgate by regulation procedures for license renewals. The director shall publish a schedule of fees to be paid to renew a license. These fees shall be reasonable and shall account for the size and complexity of the project, and costs incurred to monitor the project, and such other criteria as the director may determine; provided, however, that no renewal license fees shall exceed one hundred thousand dollars ($100,000). All licensed solid waste disposal facilities shall be deemed to comply with all local ordinances.

(d) All application fees and license fees shall be directed to the department of environmental management and shall be held in a separate account and appropriated for review of applications, renewals of, and compliance with, licenses.

(e) Notwithstanding the provisions of this section or any other provision of law to the contrary, cities and towns which own and operate landfills shall be exempt from any application fees relative to applications it files to expand its existing landfill.

SECTION 75. Section 23-18.10-7 of the General Laws in Chapter 23-18.10 entitled "Prohibition of Products Containing Chlorofluorocarbons Products" is hereby repealed.

23-18.10-7. Report by department of environmental management.

The department of environmental management shall issue a report of the effect of chlorofluorocarbons on the ozone layer and shall submit a report of its findings to the senate committee on health, education, and welfare and the house of representatives committee on health, education, and welfare not later than February 1, 1989.

SECTION 76. Section 23-18.12-7.1 of the General Laws in Chapter 23-18.12 entitled "Beverage Container Recyclability" is hereby amended to read as follows:

23-18.12-7.1. Demonstration projects excluded.

(a) Any distributor or manufacturer of beverage containers that, by July 1, 1991, has underway a demonstration project approved under 23-18.12-7, shall not be subject to the provisions of 23-18.12-3 until the conclusion of the demonstration project or January 1, 1994, whichever is sooner.

(b) The aseptic packaging council shall submit a demonstration project for the purposes of recycling aseptic packages in accordance with 23-18.12-7.

SECTION 77. Sections 23-18.13-4 and 23-18.13-5 of the General Laws in Chapter 23-18.13 entitled "Toxic Package Reduction Act of 1990" are hereby amended to read as follows:

23-18.13-4. Prohibition/Schedule for removal of incidental amounts.

(a) As soon as feasible but not later than two (2) years after July 5, 1990, n No package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state, which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(b) As soon as feasible but not later than two (2) years after July 5, 1990, n No product shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state in a package which includes, in the package itself or in any of its packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(c) The sum on the concentration levels of lead, cadmium, mercury and hexavalent chromium present in any package or packaging component shall not exceed the following:

(1) 600 parts per million by weight (0.06%) effective two (2) years after July 5, 1990;

(2) 250 parts per million by weight (0.025%) effective three (3) years after July 5, 1990; and

(3) 100 parts per million by weight (0.01%) effective four (4) years after July 5, 1990.

23-18.13-5. Exemptions.

All packages and packaging components shall be subject to this act except the following:

(1) Those packages or packaging components with a code indicating date of manufacture that were manufactured prior to July 5, 1990; or

(2) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing or distribution process in order to comply with health or safety requirements of federal law provided that the manufacturer of a package or packaging component must petition the department of environmental management for any exemption from the provisions of this subsection subdivision for a particular package or packaging component based upon either criterion; and provided further that the department of environmental management may grant a two (2) year exemption if warranted by the circumstances; and provided further that such an this exemption may, upon meeting either criterion of this subsection subdivision, be renewed at two (2) year intervals; or

(3) Packages and packaging components incidental to any alcoholic beverage, as defined in 3-1-1, which was bottled prior to October 1, 1992; or

(4) Packages and packaging components that would not exceed the maximum contaminant levels set forth in 23-18.13-4(c) of this chapter but for the addition of post-consumer materials; and provided that the exemption for this subdivision shall expire January 1, 2000; or

(5) (4) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process for which there is no feasible alternative, provided that the manufacturer of a package or packaging component must petition the department for any exception from the provisions of this subsection subdivision for a particular package or packaging component based upon the criterion; and provided further that the department may grant an exemption for up to two (2) years if warranted by the circumstances; and provided further that such an this exemption may, upon meeting either criterion of this subsection subdivision, be renewed at two (2) year intervals. For purposes of this subsection subdivision, a use for which there is no feasible alternative is one in which the regulated substance is essential to the protection, safe handling, or function of the package's contents; or .

(6) Packages and packaging components that are reused but exceed contaminant levels set forth in 23-18.13-4(c) of this chapter, provided that the product being conveyed by such package and/or the package/packaging component is (are) regulated under federal and/or state health or safety requirements; and provided that transportation of such packaged product is regulated under federal and/or state transportation requirements, and provided that disposal of such package is performed according to federal and/or state radioactive or hazardous waste disposal requirements, and provided that an exemption under this subdivision shall expire on January 1, 2000; or

(7) Packages and packaging components having a controlled distribution and reuse that exceed the contaminant levels set forth in 23-18.13-4(c) of this chapter, provided that the manufacturer or distributor of such packages or packaging components must petition the department for exemption and receive approval from the department, working with the CONEG Toxics in Packaging Clearinghouse, according to standards in subdivision (7)(i) below set by such agency and based upon satisfactory demonstrations that the environmental benefit of the controlled distribution and reuse is significantly greater as compared to the same package manufactured in compliance with the contaminant levels set forth in 23-18.13-4(c); and provided that an exemption under this subdivision shall expire on January 1, 2000.

(i) Standards. A plan, to be proposed by the manufacturer seeking the exemption of his or her designee, shall include each of the following elements:

(A) A means of identifying in a permanent and visible manner those reusable entities containing regulated metals for which an exemption is sought;

(B) A method of regulatory and financial accountability so that a specified percentage of such reusable entities manufactured and distributed to other persons are not discarded by those persons after use, but are returned to the manufacturer or his or her designee;

(C) A system of inventory and record maintenance to account for reusable entities placed in, and removed from, service;

(D) A means of transforming returned entities, that are no longer reusable, into recycled materials for manufacturing or into manufacturing wastes which are subject to existing federal and/or state laws or regulations governing such manufacturing wastes to ensure that these wastes do not enter the commercial or municipal waste stream; and

(E) A system of annually reporting to the department changes to the system and changes in designees.

SECTION 78. Section 23-18.13-8 of the General Laws in Chapter 23-18.13 entitled "Toxic Packaging Reduction Act of 1990" is hereby repealed.

23-18.13-8. State review.

(a) The department of environmental management shall, in consultation with the source reduction council of CONEG, review the effectiveness of this chapter no later than forty-two (42) months after July 5, 1990 and shall provide a report based upon that review to the governor and legislature. The report may contain recommendations to add other toxic substances contained in packaging to the list set forth in this chapter in order to further reduce the toxicity of packaging waste, and shall contain a recommendation whether to continue the recycling exemption as it is provided for in 23-18.13-5(3), and a description of the nature of the substitutes used in lieu of lead, mercury, cadmium, and hexavalent chromium.

(b) The department shall, in consultation with the source reduction task force of CONEG, review the extension of the recycling exemption as it is provided for in 23-18.13-5(3) of this chapter. This review shall commence no later than January 1, 1997. A report based upon that review shall be provided to the governor and legislature by January 1, 1999.

SECTION 79. Section 23-18.16-3 of the General Laws in Chapter 23-18.16 entitled "Newspaper Recyclability" is hereby amended to read as follows:

23-18.16-3. Minimum required purchase.

All publications must purchase a minimum of eleven percent (11%) forty percent (40%) post consumer material calculated on an annual rate beginning January 1, 1993, twenty-two percent (22%) by 1996, thirty-one percent (31%) by 1998 and forty percent (40%) by the year 2001.

SECTION 80. Sections 23-19-6, 23-19-10, 23-19-13, 23-19-18, 23-19-19, 23-19-20, 23-19-21, 23-19-23, 23-19-29, and 23-19-40 of the General Laws in Chapter 23-19 entitled "Rhode Island Resource Recovery Corporation" are hereby amended to read as follows:

23-19-6. Creation, membership, and terms of the Rhode Island Resource Recovery Corporation.

(a) There is hereby authorized, created, and established a public corporation of the state, having a distinct legal existence from the state and not constituting a department of the state government, with such politic and corporate powers as are set forth in this chapter, to be known as the solid waste management corporation, hereinafter referred to as the corporation to carry out the provisions of this chapter. The corporation is hereby constituted a public instrumentality and agency exercising public and essential governmental functions, and the exercise by the corporation of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the state.

(b) It is the intent of the general assembly by the passage of this chapter to create and establish a public corporation and instrumentality and agency of the state for the purpose of the activities hereinafter authorized, and to vest the corporation with all powers, authority, rights, privileges, and titles that may be necessary to enable it to accomplish such purposes. This chapter shall be liberally construed in conformance with the purpose expressed herein.

(c) (1) The powers of the corporation shall be vested in nine (9) commissioners, consisting of the director of administration, or the director's designee, four (4) public members to be appointed by the governor, one (1) resident of the town of Johnston to be appointed by the governor, two (2) members from the house of representatives to be appointed by the speaker of the house, and one member from the senate to be appointed by the senate majority leader.

(2) Of the five (5) commissioners appointed by the governor, one shall be the chief elected officer of a city or town. Of the two (2) commissioners appointed by the speaker of the house, at least one shall represent a minority party. Appointments by the governor shall require the advice and consent of the senate.

(d) All public members shall serve until their respective successors are appointed and qualified. On July 1, 1974, the governor shall appoint one commissioner to serve until the first day of July, 1975, and until the commissioner's successor is appointed and qualified, one commissioner to serve until the first day of July, 1976, and until his or her successor is appointed and qualified, and two (2) commissioners to serve until the first day of July, 1977, and until their respective successors are appointed and qualified, and in the month of June, 1975 and The governor shall appoint the five (5) public members to serve staggered three (3) year terms. in In the month of June each year thereafter, the governor shall appoint a the successor(s) to the commissioners the governor has appointed whose terms expire that year, to serve for a term of three (3) years commencing on the first day of July then next following and until his or her successor is appointed and qualified. All public members shall serve until their respective successors are appointed and qualified. On July 1, 1974 t The speaker of the house shall appoint two (2) commissioners to serve until the expiration of the balance of the legislative term which they are serving at the time of their appointment to the board. The governor shall appoint the fifth public member for a term of three (3) years commencing on July 1, 1986 to serve until his or her successor is appointed and qualified. The senate majority leader shall appoint one commissioner to serve until the expiration of the balance of the legislative term which the commissioner is serving at the time of his or her appointment to the board.

(e) The senate majority leader shall appoint one commissioner to serve until the expiration of the balance of the legislative term which the commissioner is serving at the time of his or her appointment to the board. Any vacancy occurring in the office of a member by death, resignation, or otherwise shall be filled in the same manner as the original appointment for the balance of the unexpired term of the former member.

(f) The governor shall designate a commissioner to serve as chair. Any commissioner may be removed by the governor for misfeasance, malfeasance, or willful neglect of duty.

(g) The commissioners shall elect from among their number a vice chair and a treasurer annually, and such other officers as they may determine. Meetings shall be held at the call of the chair or whenever two (2) commissioners so request. Five (5) commissioners shall constitute a quorum, and any action taken by the corporation under the provisions of this chapter may be authorized by resolution approved by a majority, but not less than five (5) of the commissioners present at any regular or special meeting. No vacancy in the membership of the corporation's board of commissioners shall impair the right of a quorum to exercise all the rights and perform all the duties of the corporation.

(h) Commissioners shall receive no compensation for the performance of their duties hereunder but the commissioner shall be reimbursed for his or her reasonable expenses incurred in carrying out the duties under this chapter.

(i) The commissioners of the corporation shall at regular intervals conduct business meetings for the purpose of carrying out its general business. The meetings shall be open to the public and all records and minutes will be a matter of public record. The corporation shall be considered a "public body" and shall be subject to the provisions of the "Open Meetings" Law, 42-46-1 et seq. and to the provisions of title 38 concerning "public records."

(j) The corporation shall continue until its existence is terminated by law. At such time its holdings and assets shall pass to and become vested in the state.

(k) The state shall indemnify and hold harmless every past, present, or future commissioner, officer, or employee of the corporation who is made a party to or is required to testify in any action, investigation, or other proceeding in connection with or arising out of the performance or alleged lack of performance of such person's duties on behalf of the corporation. These persons shall be indemnified and held harmless, whether they are sued individually or in their capacities as commissioners, officers, or employees of the corporation, for all expenses, legal fees and/or costs incurred by them during or resulting from such proceedings, and for any award or judgment arising out of their service to the corporation that is not paid by the corporation and is sought to be enforced against a person individually, as such expenses, legal fees, costs, awards or judgments occur. Provided, however, that neither the state nor the corporation shall indemnify any commissioner, officer, or employee: (1) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or (2) for any transaction from which such member derived an improper personal benefit; or (3) for any malicious act.

23-19-10. General powers and duties.

The corporation shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including but without limiting the generality of the foregoing, the power to:

(1) Sue and be sued in its own name;

(2) Have an official seal and alter the same at pleasure;

(3) Have perpetual succession;

(4) Maintain an office at such place or places within the state as it may designate;

(5) Adopt and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with this chapter and in a manner substantially similar to procedures set forth in the Administrative Procedures Act as specified in chapter 35 of title 42, as amended, to carry into effect the powers and purposes of the corporation and the conduct of its business; and such bylaws, rules, and regulations may contain provisions indemnifying any person who is or was a commissioner, officer, employee, or agent of the corporation, in the manner and to the extent provided in 7-1.1-4.1 of the Business Corporation Act;

(6) Elect or appoint officers and employ a staff and fix their duties, qualifications, and compensation;

(7) Engage the services of consultants for rendering professional and technical assistance and advice, and employ architects, engineers, attorneys, accountants, construction, and financial experts and such other advisors, consultants, and agents as may be necessary in its judgment, and to fix their compensation;

(8) Conduct such hearings, examinations, and investigations as may be necessary and appropriate to the conduct of its business and purposes;

(9) Obtain access to public records;

(10) Charge reasonable fees for the services it performs and provides;

(11) Purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with, any project, including real or personal property, or any interest therein, wherever situated;

(12) Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets for such consideration and upon such terms and conditions as the corporation shall determine;

(13) Make contracts and guarantees and incur liabilities, and borrow money at such rates of interest as the corporation may find feasible;

(14) Make and execute agreements of lease, conditional sales contracts, installment sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other contracts and instruments necessary or convenient in the exercise of the powers and functions of the corporation granted by this chapter, which contracts may include provisions for arbitration of disputes;

(15) Lend money for its purposes, invest and reinvest its funds, and at its option take and hold real and personal property as security for the payment of funds so loaned or invested;

(16) Acquire or contract to acquire, from any person, firm, corporation, municipality, the federal government, or the state, or any agency of either the federal government or the state, by grant, purchase, lease, gift, or otherwise, or obtain options for the acquisition of any property, real or personal, improved or unimproved, and interests in land less than the fee thereof; and own, hold, clear, improve, develop, and rehabilitate, and sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same for the purposes of carrying out the provisions and intent of this chapter, for such consideration as the corporation shall determine;

(17) (i) Sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber any of its projects, (or in the case of a sale to accept a purchase money mortgage in connection therewith) or grant options for any such purposes with respect to any real or personal property or interest therein, all of the foregoing for such consideration as the corporation shall determine. Any lease by the corporation to another party may be for such part of the corporation's property, real or personal, for such period, upon such terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for such consideration, at or after the retirement of all indebtedness incurred by the corporation on account thereof, as the corporation shall determine;

(ii) Without limiting the generality of the foregoing, the corporation is expressly empowered to lease or sell any part of the real or personal property owned or controlled by the corporation to the state, or any department thereof or to any municipality. The provisions of this section or of any other laws of this state (other than this chapter) restricting the power of the state, its departments or any municipality, to lease or sell property, or requiring or prescribing publication of notice of the intention to lease or sell, that would in any manner interfere with the purpose of this section, which is to provide for the mutual cooperation by and between the corporation and the state, its departments, or any municipality, to the fullest extent possible, are not applicable to leases and sales made pursuant to this section;

(18) Manage any project, whether then owned or leased by the corporation, and enter into agreement with the state or any municipality or any person, firm, partnership, or corporation, either public or private, for the purpose of causing any project to be managed;

(19) Make plans, surveys, studies, and investigations necessary or desirable, in conformity with applicable provisions of the state guide plan as promulgated and provided for by the state planning agency, with the participation of the state planning council with due consideration to local plans and other state plans;

(20) Design or provide for the design of the solid waste management facilities that the corporation will construct or cause to be constructed, as well as designs for the alteration, reconstruction, improvement, enlargement, or extension of the facilities;

(21) Construct or to cause to be constructed such solid waste transfer station facilities, processing facilities, resource recovery facilities, and ultimate disposal facilities and such other solid waste management facilities as may be required by the corporation for the conduct of its activities as herein provided;

(22) Construct, acquire, repair, develop, own, operate, maintain, extend, improve, rehabilitate, renovate, equip, and furnish one or more of its projects and make provision for their management, and pay all or any part of the cost thereof from the proceeds of the bonds and notes of the corporation or from any contribution, gift, donation, or any other funds made available to the corporation;

(23) Enter upon lands and waters, upon giving due notice as may be necessary, to make surveys, soundings, borings, and such other examinations or tests as may be necessary to accomplish the purposes of this chapter;

(24) Enter into agreements or other transactions with and accept grants and the cooperation of the federal government or any instrumentality thereof in furtherance of the purposes of this chapter, including, but not limited to, the development, maintenance, operation, and financing of any project, and to do any and all things necessary in order to avail itself of such aid and cooperation;

(25) Receive and accept bids or contributions from any source of money, property, labor, or other things of value, to be held, used, and applied to carry out the purposes of this chapter subject to the conditions upon which the grants and contributions may be made, including, but not limited to, gifts or grants from any governmental agency or instrumentality of the United States or the state, for any purpose consistent with this chapter;

(26) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any of its projects, and from time to time to modify the plans, specifications, designs or estimates;

(27) Provide advisory, consultative, training, and educational services, technical assistance and advice to any person, firm, partnership, corporation, or municipality, whether they are public or private, in order to carry out the purposes of this chapter;

(28) Review all municipal plans and proposals for the construction, or installation of solid waste management facilities;

(29) Undertake and promote the conduct of research into source separation and source reduction techniques, facilities, and systems and into other solid waste management areas for any purpose consistent with this chapter; the corporation shall consistent with regulations of the department of environmental management adopt a statewide plan for separation of solid waste at the source of generation, at collection points or transfer stations and the corporation and the department of environmental management shall cooperate on the implementation of such plan. The corporation, with the assistance of the department of environmental management, will submit an annual report on the status of separation of solid waste in the state beginning with the 1987 fiscal year;

(30) Produce materials, fuels, energy, and by-products in any form from the processing of solid wastes by the system, facilities, and equipment under its jurisdiction, and to receive funds or revenues from the sale thereof, and to deposit the funds or revenues in a bank or banks;

(31) Borrow money and issue revenue bonds and notes and provide for the rights of the holders thereof, for any of its purposes, including, without limitation, the purpose of providing funds to pay all or any part of the cost of any project and all costs incident thereto, or for the purpose of refunding any bonds or notes theretofore issued;

(32) Subject to the provisions of any contract with noteholders or bondholders, consent to the modification, with respect to rate of interest, time of payments or any installment of principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the corporation is a party;

(33) In connection with the property on which it has made a mortgage loan, foreclose on the property or commence an action to protect or enforce any right conferred upon it by law, mortgage, contract, or other agreement, and bid for and purchase the property at any foreclosure or any other sale, or acquire or take possession of the property; and in such event the corporation may complete, administer, pay the principal of or interest on any obligations incurred in connection with the property, dispose of and otherwise deal with the property in a manner as may be necessary or desirable to protect the interest of the corporation therein;

(34) As security for the payment of principal and interest on any bonds or notes or any agreements made in connection therewith, mortgage and pledge any or all of its projects and property, whether then owned or thereafter acquired, and pledge the revenues and receipts from all or part thereof, and assign and pledge the leases, sales contracts, or loan agreements or other agreements on any portion or all of its projects and property, and assign or pledge the income received by virtue of the lease, sales contracts, loan agreements, or other agreements;

(35) Invest any funds of the corporation including funds held in reserve or sinking funds, or any money not required for immediate use or disbursement at the discretion of the corporation;

(36) Contract with the federal government, other states, state agencies, and regional authorities, as the corporation shall deem necessary or convenient in carrying out the purposes of this chapter;

(37) Be a promoter, partner, member, associate, or manager of any partnership, enterprise, or venture;

(38) Have and exercise all powers necessary or convenient to effect its purposes;

(39) Insofar as the provisions of this chapter are inconsistent with the common law or the provisions of any other laws of this state, general or special, restricting the power of any public agency to enter into long term contracts which exceed the term of the governing body of the agency or its members, the provisions of this chapter are controlling and the corporation shall be deemed to have the power to enter into long term contracts which extend beyond the terms of the commissioners as may be considered necessary, desirable, or convenient by the corporation; provided, however, that prior to the execution of the contract, the contract has been reviewed by the auditor general;

(40) Control the transportation, storage, and final disposal of all solid waste in the state other than from sources owned or operated by the federal government, including the final disposal of solid waste in facilities owned, operated, controlled, financed, or otherwise designated by the corporation; provided, however, that the corporation shall not be empowered to engage in the transportation, transfer, or storage of solid waste, other than at recycling facilities, except in temporary situations where a municipality has defaulted in its obligation under this act or in conjunction with its activities at its disposal sites; provided, however, that the corporation shall not be empowered to take any action that would adversely affect or impair the validity of rights and obligations under any valid contract for the disposal of municipal waste, which was in effect on March 1, 1985, or any extension of the contract if extension was approved by the corporation, or the right of any municipality to continue the operation of its own landfill until closure thereof if such landfill was in use by the municipality on December 1, 1986;

(41) Insofar as the provisions of this chapter are inconsistent with the common law or the provisions of any other laws of this state, general or special restricting the power of any public agency to enter into long term contracts which exceed the term of the governing body of the agency or its members, the provisions of this chapter are controlling, and the corporation shall be deemed to have the power to enter into any such long term contracts which extend beyond the terms of the commissioners as may be considered necessary, desirable, or convenient by the corporation; and

(42) Undertake and promote continuing efforts to reduce the waste stream to the extent practicable and economically feasible.

(43) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, sell, convey, and otherwise deal in and with real or personal property, wherever situated.

23-19-13. Municipal participation in state program.

(a) (1) Any person or municipality which intends to transfer, treat, or dispose of solid waste originating or collected within the state, or which intends to make arrangements therefor, shall utilize, exclusively, a system or facility designated by the corporation as provided under this chapter. All transfer stations in existence as of December 1, 1986 are empowered so long as they maintain the appropriate license to continue their operations, and the corporation shall not exercise its powers under this chapter to compete with their operation and activity. No municipality shall have power to engage in, grant any license, or permit for or enter into any contract for the collection, treatment, transportation, storage, or disposal of solid waste, and no municipality or any person shall engage in any activities within the state, including disposal of solid waste, which would impair the ability of the corporation to meet its contractual obligations to its bondholders and others, or which would be in competition with the purposes of the corporation as provided in this chapter; provided, however, that the corporation shall not be empowered to engage in the transportation, transfer, or storage of solid waste, except in temporary situations where a municipality has defaulted in its obligation under this section, or in conjunction with its activities at its disposal sites. Provided, however, that municipal contracts which were in existence on March 1, 1985, are excepted from this requirement until expiration of the original term of the contract or the expiration of any extension thereof approved by the corporation, or sooner termination of the contracts, and provided, further, that municipalities operating their own landfills on December 1, 1986 shall be free to continue to use the landfills until closure of the landfills. Without limiting the generality of the foregoing, municipalities and persons are hereby expressly empowered to contract with the corporation and/or, subject to the approval of the corporation, with a duly licensed private disposal facility for the disposal of solid wastes. The approval shall be conditioned upon a finding by the board of commissioners of the corporation that any proposed contract with a Rhode Island municipality or person is in conformity with the statewide resource recovery system development plan and this chapter, and that the proposed contract will not impair the ability of the corporation to meet its contractual obligations to its bondholders and others. The contracts may have a maximum total term, including all renewals, of up to fifty (50) years.

(2) The corporation shall charge fees for its solid waste management services which, together with other revenues available to the corporation, will, at a minimum, be sufficient to provide for the support of the corporation and its operations on a self-sustaining basis, including debt service on its bonds and other obligations.

(b) Insofar as the provisions of this chapter are inconsistent with the provisions of any other laws of this state, general, special, or local, restricting the power of any municipality to enter into long term contracts with the corporation, the provisions of this chapter shall be controlling. The corporation shall provide suitable and appropriate assistance to communities under such circumstances. Notwithstanding the foregoing, if the corporation deems it desirable, it may from time to time permit municipalities to contract among themselves for the disposal of their wastes.

(c) Municipalities, along with private producers of waste which contract with the corporation for disposal of their wastes, shall continue to be free to make their own arrangements for collection of wastes at the source and/or the hauling thereof to the designated processing and/or transfer stations, so long as such arrangements are in compliance with the provisions of chapter 18.9 of this title and with this chapter, and any municipal license relating thereto.

(d) (1) On or prior to April 1, 1987, each city and town shall inform the department of environmental management and the corporation, in writing, of the municipality's current arrangements for separation, weighing, collection, hauling, and disposal of solid waste generated within the municipality, other than waste from state or federal government sources, hazardous waste, and waste which is not acceptable at a facility designated by the corporation under this chapter. The corporation shall determine (i) whether or not the current arrangements satisfy the requirements of 23-18.9-1, and (ii) whether the municipal solid waste disposal arrangements are consistent with the corporation's statewide resource recovery system development plan, and shall inform the governing legislative body of each municipality and the department of environmental management, in writing, of the determination on or prior to July 1, 1987. Upon being notified of noncompliance with either chapter 18.9 of this title or the corporation's plan, the governing legislative body of a municipality shall have until September 1, 1987, to enter into solid waste disposal arrangements with the approval of the corporation and the department of environmental management in compliance with the requirements.

(2) All municipalities and state agencies which are participants in the state waste disposal program shall initiate a separation and recycling program within one year after the date on which the resource recovery facility utilized by that municipality or agency is operational and accepting waste for incineration.

(e) (1) The corporation and any municipality may enter into a contract or contracts providing for or relating to the disposal of solid waste originating in the municipality and the cost and expense of the disposal.

(2) The contract may be made with or without consideration and for a specified or unspecified time not to exceed fifty (50) years, and on any terms and conditions which may be approved by the municipality and which may be agreed to by the corporation in conformity with its contracts with the holders of any bonds or other obligations. Subject to the contracts with the holders of bonds, the municipality is hereby authorized and directed to do and perform any and all acts or things necessary, convenient, or desirable to carry out and perform the contract and to provide for the payment or discharge of any obligation thereunder in the same manner as other obligations of the municipality.

(f) The municipalities and the state have shared responsibility for the payment of the cost of municipal solid waste disposal. The state will pay its share of the cost of the solid waste disposal services to be provided by the corporation to the municipalities at its solid waste management facilities and its central landfill in the town of Johnston, and at any back-up facility which the corporation is required to provide, by providing solid waste disposal operating subsidies as provided in subsections (i) and (j).

(g) (1) The corporation shall charge each municipality with which it has a long-term contract for solid waste disposal services a tipping fee per ton of source separated solid waste excluding separated recyclable materials, sludge, and demolition debris delivered to any corporation facility computed in accordance with this subsection. For purposes of this chapter, "fiscal year" shall mean the twelve-month period, July 1 to June 30. The municipal tipping fee shall be equal to eight dollars ($8.00) during the 1986 state fiscal year, nine dollars ($9.00) during the 1987 fiscal year, ten dollars ($10.00) during the 1988 fiscal year, eleven dollars ($11.00) during the 1989 fiscal year, and thirteen dollars ($13.00) during the 1990 fiscal year. For each fiscal year thereafter, through the end of the 2009 fiscal year, the municipal tipping fee shall be equal to one hundred seven and one-half percent (107 1/2%) of the prior fiscal year's municipal tipping fee through the end of the 2009 fiscal year. Beginning in the 1989-1990 fiscal year, o One dollar and ten cents ($1.10) per ton on all garbage, including recycled garbage, collected by the corporation as tipping fee shall be paid to the town of Johnston. No tipping fee shall be charged for recyclable materials delivered to a recycling facility provided by or through the corporation.

(2) Notwithstanding the foregoing provisions of subsection(g) (1), for fiscal year 1991 and for each fiscal year thereafter, the municipal tipping fee may be increased, if, due to the commencement of operation of a new resource recovery facility during the previous fiscal year, the state subsidy as calculated pursuant to subsection (i), not considering landfill revenues and losses, is projected to be greater than the state subsidy projected by the corporation and the department of administration when the projections were officially accepted by the corporation on the basis of contracts entered into for the initial resource recovery facility. The amount by which the projected state subsidy exceeds the original projections will be apportioned between the state and the municipalities in the same ratio as the state subsidy for the previous year divided by the number of tons of municipal solid waste processed by the corporation bears to the municipal tipping fee for that year. The increased municipal tipping fee herein provided shall be subject to the same escalation factor as the municipal tipping fee set forth above.

(3) The corporation shall establish in the contract, the maximum amount of municipal solid waste which each municipality will be entitled to deliver to the corporation at the municipal tipping fee. Solid waste in excess of the contract amount will be charged to the municipality at the non-municipal rate. In determining the maximum amount of municipal solid waste which will qualify for the municipal tipping fee, the corporation shall consider the municipality's solid waste per capita average, the statewide solid waste per capita average, and such other factors as it shall deem appropriate.

(h) The corporation, after the initial resource recovery facility becomes operational, shall charge each non-municipal user of its facilities a fee per ton equal to the projected annual resource recovery system cost less energy revenues and interest earnings on bond reserve funds, if any, divided by the projected tons to be processed by the corporation at its resource facilities for such year. Landfill costs shall not be considered in the calculation unless landfill costs exceed revenues generated at the landfills; in such cases, excess landfill costs will be added to the system costs.

(i) The annual state subsidy for the cost of disposal of municipal solid waste shall be calculated for each fiscal year or portion thereof according to the following formula: The annual state subsidy shall equal the total projected annual resource recovery system costs (minus costs associated with the central landfill) for the next fiscal year less the sum of the following: (1) projected resource recovery system revenues for such year; and (2) projected landfill revenues; provided, however, that in the event that the landfill is projected to operate at a loss, the amount of the loss shall be added to the subsidy.

(j) (1) On or before October 1 of each year, the corporation shall submit a budget to the director of administration for the succeeding fiscal year using actual resource recovery system revenues and costs, and the audit of the preceding fiscal year prepared by the corporation's independent auditors and accepted by the auditor general. On or before December 1 of each year, the director of administration, in consultation with the corporation, shall review the budget of the corporation and shall determine and certify the annual state subsidy for the succeeding fiscal year to the governor who shall submit to the general assembly printed copies of a budget which shall include the state subsidy as determined as above provided. The state subsidy appropriation shall be on a system basis but shall contain specific appropriations for each resource recovery facility. If the amount appropriated exceeds the amount needed for a specific facility, the corporation, with the approval of the director of administration, may reallocate the appropriated but unadvanced funds to other corporation facilities or costs. If the audit prepared by the corporation's independent auditors indicates that the amounts appropriated and disbursed to the corporation as a subsidy were in excess of the amounts which would have been required for the year if actual resource recovery system revenues and costs had been used in the calculation of the subsidy, the excess shall be credited against the current fiscal year's subsidy.

(2) At any time, if the corporation determines that the state subsidy will be insufficient to discharge the corporation's obligations for the current fiscal year, it shall request, in writing, to the director of administration for a supplemental appropriation. After review, the director of administration will recommend to the governor additional funding for the corporation, and the governor after further review, shall submit a supplemental appropriation bill request for the funds to the general assembly. (3) From the appropriations made by the general assembly, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer every month for the payment of such sums as may be required upon receipt by him or her of properly authenticated vouchers.

(k) If, in any fiscal year, the appropriation for the state subsidy is not made and if the corporation has insufficient other funds to discharge its obligations to holders of its bonds and notes as certified by the state auditor general the corporation shall be empowered to charge both municipal and non-municipal users whatever fees are necessary to discharge its obligations to holders of its bonds and notes, and the municipal tipping fee set forth in subsection (g) shall not be applicable for the fiscal year.

(l) On or after the date established for separation of recyclable solid waste in the statewide plan for separation of recyclables by the department of environmental management, only segregated solid waste shall be accepted at the corporation's facilities.

(m) Costs associated with participation in the state program shall not constitute state mandated costs under 45-13-7.

23-19-18. Trust funds.

All money received pursuant to the authority of this chapter, whether as provided from the sale of bonds or notes or as revenues, receipts, or income, shall be trust funds to be held and applied solely as provided in the proceedings under which the bonds or notes are authorized. Any officer with whom or any bank or trust company with which moneys shall be deposited as trustee thereof, shall hold and apply the same trust funds for the purposes thereof for which the bonds or notes are authorized, subject to the applicable provisions of this chapter, the proceedings authorizing the bonds or notes, and the trust agreement securing the bonds or notes, if any.

23-19-19. Remedies of bondholders and noteholders.

(a) In the event that the corporation shall default on the payment of principal of or interest on any bonds or notes issued under this chapter after the same bonds or notes shall become due, whether at maturity or upon call for redemption, and the default shall continue for a period of thirty (30) days, or in the event that the corporation shall fail or refuse to comply with the provisions of this chapter, or shall default in any agreement made with the holders of an issue of bonds or notes of the corporation, the holders of twenty-five percent (25%) in the aggregate principal amount of the outstanding bonds or notes of the issue then outstanding, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of the bonds or notes for the purposes herein provided in this section.

(b) The trustee may, and upon written request of the holders of twenty-five percent (25%) in principal amount of the outstanding bonds or notes then outstanding shall, in the trustee's own name:

(1) Enforce all rights of the bondholders or noteholders, including the right to require the corporation to collect rent, interest, repayments, and payments on the leases, mortgages, loan agreements, sales agreements, and other contracts held by it adequate to carry out any agreement as to, or pledge of, such rent, interest, repayments, and payments, and to require the corporation to carry out any other agreements with the holders of the bonds or notes, and to perform its duties under this chapter;

(2) Enforce all rights of the bondholders or noteholders, so as to carry out any contract as to, or pledge of revenues, and to require the corporation to carry out and perform the terms of any contract with the holders of the bonds or notes or its duties under this chapter;

(3) Bring suit upon all or any part of the bonds or notes;

(4) By action or suit, require the corporation to account as if it were the trustee of an express trust for the holders of the bonds or notes;

(5) By action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the bonds or notes;

(6) Declare all the bonds or notes due and payable and, if all defaults shall be made good, then with the consent of the holders of twenty-five percent (25%) of the principal amount of the outstanding bonds or notes then outstanding, to annul the declaration and its consequences.

(c) The trustee shall, in addition to the foregoing provisions of subsections (a) and (b), have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth herein in this section or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

(d) Before declaring the principal of bonds or notes due and payable, the trustee shall first give thirty (30) days' notice in writing to the governor, to the corporation and to the attorney general of the state.

(e) The superior court of Providence County shall have jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders or noteholders.

23-19-20. Pledge of the state.

The state does hereby pledge to and agree with the holders of any notes or bonds issued under this chapter and with those parties who may enter into contracts with the corporation, that the state will not limit or alter the rights hereby vested in the corporation to fulfill the terms of any agreements made with the holders thereof of any notes or bonds issued under this chapter or in any way impair the rights and remedies of the holders and other parties until the notes and bonds together with their interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders and other parties, are fully met and discharged and the contracts are fully performed on the part of the corporation. The corporation is authorized to include this pledge and agreement of the state in any agreement with the holders of the notes or bonds or contracts.

23-19-21. Credit of state not pledged.

Obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the state or of any political subdivision thereof of the state or a pledge of the faith and credit of the state or of any political subdivision, but shall be payable solely from the revenues or assets of the corporation. Each obligation issued under this chapter shall contain on the its face thereof a statement to the effect that the corporation shall not be obligated to pay the same principal of the obligation nor the interest thereon on it except from the revenues or assets pledged to the payment of the principal of or the interest on the obligation, and that neither the faith and credit nor the taxing power of the state or of any political subdivision , thereof is pledged to the payment of the principal of or the interest on the obligation.

23-19-23. Citizen advisory board.

The governor shall appoint from among interested citizens of the state eleven (11) members, and the mayor of Johnston shall appoint one member to a citizens solid waste management advisory board consisting of twelve (12) persons. In the month of June 1975, and in the month of June each year thereafter, the governor shall appoint a successor to the member of the board whose term shall expire in such year, to hold office commencing on the first day of July in the year of appointment and until the first day of July in the third year after their respective appointments and until their respective successors are appointed and qualified. In the month of June, 1986, and thereafter upon the expiration of the terms, the mayor of the town of Johnston shall appoint a successor to the member of the board whose term shall expire in such year, to hold office commencing on the first day of July in the year of appointment and until the first day of July in the third year after his or her appointment, and until his or her successor is appointed and qualified. Any vacancy which may occur in the board shall be filled by the governor or the mayor of Johnston in accordance with the original manner of appointment, for the duration of the unexpired term. It shall be the role of the citizens advisory board to give advice to the corporation concerning rules and regulations and legislation affecting solid waste management, resource recovery, and recycling; and to study the effects of existing recovery and recycling programs, and to report its findings annually to the governor and to recommend to the corporation, special studies and projects which it feels are needed to further economic solid waste management, resource recovery, and recycling. At least two (2) members of the board shall be designated from time to time to attend all meetings of the solid waste management corporation. The members of the citizen advisory board shall receive compensation in the amount of twenty-five dollars ($25.00) for attendance at board or corporation meetings where submitted; provided, however, that the compensation in any one year shall not exceed the sum of five hundred dollars ($500) per member. The board shall, at regular intervals, conduct business meetings for the purpose of carrying out its general business, and the meetings shall be open to the public and all records and minutes will be a matter of public record.

23-19-29. Liberal construction.

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed so as to effectuate its purposes. Neither this chapter nor anything herein contained in this chapter is or shall be construed as a restriction or limitation upon any powers which that the corporation might otherwise have under any laws of this state, and this chapter is cumulative to any such powers conferred by other laws. This chapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes, and other obligations of the corporation under the provisions of this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds, and other obligations. Contracts for the construction and acquisition of any project undertaken pursuant to this chapter shall comply with the provisions of any other state law applicable to contracts for the construction and acquisition of state owned property. No proceedings, notice, or approval shall be required for the issuance of any bonds, notes and other obligations or any instrument as security therefor for them, except as is provided in this chapter.

23-19-40. Utilization of buffer zone - Restrictions.

(a) Legislative purpose. A buffer zone is an area between two (2) different land uses. The purpose of this section is to specifically prohibit using certain areas of the central landfill buffer zone for the expansion of any waste operations.

(2) The statutes which created the buffer zone contain no specific prohibitions on its use. This section is intended to add specific restrictions to the portion delineated below in subsection (b)(1). It is not intended as authorization for waste operations in other areas of the buffer zone.

(b) (1) The solid waste management corporation resource recovery corporation and/or any successor, transferee, or assignee of the corporation and/or any other governmental entity or agency which conducts a solid waste management disposal business, is hereby prohibited from using any real property situated in that triangular shaped area bounded by Central Avenue on the south and Reservoir Avenue on the east, whether already owned or hereafter acquired, for any extension of the entire operational portion of the central landfill, as defined in 23-19-34, for any other type of waste operation, or for the opening or operation of any recycling or incineration operations.

(2) Any undeveloped real property in the area delineated in subsection (b)(1), that is presently owned or later acquired by the solid waste management corporation or by any successor, transferee or assignee of the corporation, or by any other governmental entity or agency which conducts a solid waste management or disposal business, shall, on or before September 1, 1994, be converted to and thereafter maintained as a vegetated area.

SECTION 81. Section 23-19.1-10.3 of the General Laws in Chapter 23-19.1 entitled "Hazardous Waste Management" is hereby amended to read as follows:

23-19.1-10.3. Emergency and temporary permits.

(a) The director is hereby authorized to issue emergency permits for the storage, transportation, treatment, or disposal of hazardous waste when the director finds that a situation, if not immediately remediated, presents an imminent hazard to the public health or safety, or to the environment.

(b) The director is hereby authorized to issue temporary permits for the storage, treatment, or disposal of hazardous wastes for the purpose of expeditiously remediating an existing site of hazardous waste contamination. Temporary permits shall explicitly prohibit the acceptance of hazardous waste from off-site for treatment or disposal, and shall be valid only for the period specified by the director.

(c) Permits issued under this section shall meet the substantive standards delineated in the rules and regulations promulgated under the authority of 23-19.1-6 insofar as is practicable.

(d) All interim (Part A) permits issued under the provisions of this chapter shall expire six (6) months after July 1, 1987. No interim (Part A) permit for any facility or site shall be extended or renewed for an additional six (6) month period without notice and a public hearing being held pursuant to 23-19.1-10, on a permanent permit application for the facility or site.

SECTION 82. Section 23-20.7-7 of the General Laws in Chapter 23-20.7 entitled "Workplace Smoking Pollution Control Act" is hereby amended to read as follows:

23-20.7-7. Penalties and enforcement.

(a) The department of health, having received a written and signed letter of complaint from an employee citing a violation of this chapter, shall enforce this entire chapter against violations by either of the following actions:

(1) Serving written notice to comply to an employer, with a copy of the notice to the complaining employee, requiring the employer to correct within ten (10) days any violation or of a section of this chapter.

(2) Upon receiving a second complaint at the department of health for the same or continued violation by the same employer, the complaint shall be resolved by calling upon the attorney general to maintain, without delay, an action for injunction to enforce the provisions of this chapter, to cause the correction of such this violation or section, and for assessment and recovery of a civil penalty for such this violation.

(b) An employer who violates this chapter shall be liable for a civil penalty, not to be less than fifty dollars ($50.00) nor to exceed five hundred dollars ($500) which shall be assessed and recovered in a civil action brought by the attorney general in any court of competent jurisdiction. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such a separate offense. Any penalty assessed and recovered in an action brought pursuant to this subsection shall be paid over to the general treasurer and added to the general fund.

(c) In undertaking the enforcement of this chapter, the state is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such this breach proximately caused injury.

SECTION 83. Section 23-22.5-5 of the General Laws in Chapter 23-22.5 entitled "Drowning Prevention and Lifesaving" is hereby amended to read as follows:

23-22.5-5. Orders to cease operating - Relief in equity.

(a) Whenever the director of environmental management or any of his or her duly authorized agents deems it necessary in the interest of public safety to cause any of the above-mentioned facilities mentioned in section 23-22.5-4 to cease operating, he or she may do so by serving written notice upon the owner or manager thereof of these facilities; provided, however, that before that notice is given, the owner or manager shall have been given an opportunity to show cause why the business should not cease operating. Written notice to cease operating the business shall remain in effect until the director of environmental management or any of his or her duly authorized agents serves further notice permitting the resumption of operation of that business. The director of natural resources environmental management may obtain relief in a court of equity whenever that relief shall be necessary in the proper performance of his or her duty under this chapter.

(b) Notwithstanding any situation referred to above in subsection(a), whenever the director or any of his or her duly authorized agents determines that an emergency situation exists which poses an imminent threat to public health or safety, he or she may issue an order mandating the immediate closure of the facility. The owner or manager of the facility shall be afforded an opportunity to be heard within ten (10) days of the order to show cause why the facility should be allowed to reopen.

(c) The director may obtain relief in a court of equity whenever that relief shall be necessary in the proper performance of his or her duty under this chapter.

SECTION 84. Section 23-25.2-3 of the General Laws in Chapter 23-25.2 entitled "Pesticide Relief Fund" is hereby amended to read as follows:

23-25.2-3. Pesticide relief advisory board established - Appointment of members.

(a) There is hereby created a pesticide relief advisory board consisting of eleven (11) members: one member shall be the chairperson of the joint committee on the environment or his or her designee, ex officio, and is referred to as the legislative member; the other ten (10) members shall be referred to as public members, and shall be appointed as follows: one public member shall be a faculty member in the department of plant pathology and entomology at the University of Rhode Island, to be appointed by the governor; the lieutenant governor, the speaker of the house, and the majority leader of the senate shall each appoint one public member; the lieutenant governor shall appoint a public member who shall be a person engaged in full time vocation as an agricultural farmer; one public member shall be a professional toxicologist or a physician with sufficient experience in public health as it relates to pesticides or toxicology, to be appointed by the governor; one public member shall be a faculty member in environmental studies at a Rhode Island college or university, to be appointed by the governor; and one public member shall be a representative of the urban pest control industry or the chemical or pesticide industry, to be appointed by the governor and two (2) public members shall be representatives of the community at large, to be appointed by the governor.

(b) The terms of office of the members of the board shall be as follows: the legislative member shall serve until the end of his or her legislative term; each faculty member shall serve until January 31, 1988; during the month of January 1988 and biennially thereafter, the governor shall appoint faculty members to succeed faculty members whose terms shall expire in that year, to hold office for a term of two (2) years commencing on the first day of February next following; .the member appointed by the majority leader of the senate shall serve until January 31, 1987; the member appointed by the speaker of the house shall serve until January 31, 1988; and the member appointed by the lieutenant governor shall serve until January 31, 1989; the farmer appointed by the lieutenant governor shall serve until January 31, 1988; the toxicologist appointed by the governor shall serve until January 31, 1989; the representative of the urban pest control industry appointed by the governor shall serve until January 31, 1987; and the public members appointed by the governor to represent the community at large shall serve until January 31, 1989. In the month of January in any year in which a public member's term of office expires, the respective appointing authority shall appoint a successor to the member whose term shall expire in that year, to hold office for a term of two (2) years commencing on the first day of February next following. All members shall serve until their successors are appointed and qualified. Any vacancy other than by expiration shall be filled in like manner as the original appointment, but only for the unexpired portion of the term. All appointments shall be made in a timely manner.

(c) Forthwith Immediately upon the completion of the initial appointments, the board shall meet at the call of the director and shall elect from among themselves a chairperson.

SECTION 85. Section 31-10.2-2 of the General Laws in Chapter 31-10.2 entitled "Voluntary Termination of Operators' and Chauffeurs' Licenses" is hereby amended to read as follows:

31-10.2-2. Operators' licenses.

(a) An individual may voluntarily terminate his or her operators' license by tendering the license to the operator control section of the division of motor vehicles.

(1) Should an individual terminate his or her operators' license, the individual may not reapply for a new operators' license for a period of six (6) months from the date of the voluntary license termination.

(2) Before an individual voluntarily may terminate his or her license, the individual must sign an affidavit as established by the division of motor vehicles, notifying the individual of the consequences of voluntary license termination.

(b) Upon reapplication for an operators' license following voluntary termination by an individual, the individual shall be required to take a written test and a road test, and but shall not pay the required reinstatement fee as established by the operator control division before the granting of a new operators' license.

SECTION 86. Sections 31-25-6, 31-25-13 and 31-25-14 of the General Laws in Chapter 31-25 entitled "Size, Weight, and Load Limits" are hereby amended to read as follows:

31-25-6. Maximum number and length of coupled vehicles.

(a) No combination of vehicles coupled together shall consist of more than three (3) units, a truck-tractor, semitrailer, and trailer, and combination of vehicles shall not be restricted in overall length, except that when a truck-tractor, semitrailer, and a trailer are used in combination, the trailer or semitrailer each shall not exceed twenty-eight and one-half feet (28', 6"), excluding bumpers and accessories; provided, that combinations of vehicles consisting of three (3) units shall be permitted to operate only on the interstate highway system and on those highways, streets, and roads designated by the director of the Rhode Island department of administration.

(b) Combinations of vehicles consisting of truck-tractor and semitrailer coupled together shall not be restricted in overall length, and semitrailers shall not exceed fifty-three feet (53') in length, excluding bumpers and accessories. Semitrailers exceeding forty-eight and one-half feet (48', 6") shall be permitted to operate only on the interstate highway system and on those highways, streets and roads designated by the director of the Rhode Island department of administration. Exceptions to the requirements of this section include the use of a pole trailer and combinations designed to transport motor vehicles and/or automobiles as authorized in 31-25-7 and 31-25-8 of this chapter. The provision that no combination of vehicles coupled together shall consist of more than three (3) units shall not apply to vehicles coupled together by a saddle mount device used to transport motor vehicles in a drive-away service when no more than three (3) saddle mounts are used, and equipment used in the combination is approved by part 393.71 of the federal motor carrier safety regulations, 49 CFR 393.71, and safety regulations of the division of motor vehicles of the department of administration of the state of Rhode Island. Any owner or operator found deviating from the approval permitted routes shall be fined a minimum mandatory fine of five hundred dollars ($500), but not more than one thousand dollars ($1,000).

(c) The distance from the kingpin of the trailer to the center of the rear axle may not exceed forty-one feet (41').

(d) Fifty-three foot (53') trailers shall be equipped with a rear end protection device of substantial construction consisting of a continuous lateral beam extending to within four inches (4") of the lateral extremities of the trailer, and located not more than twenty-two inches (22") from the surface of the road as measured with the vehicle empty and on level surface.

(e) Exceptions to the requirements of this section include the use of a pole trailer and combinations designed to transport motor vehicles and/or automobiles as authorized in 31-25-7 and 31-25-8 of this chapter. The provision that no combination of vehicles coupled together shall consist of more than three (3) units shall not apply to vehicles coupled together by a saddle mount device used to transport motor vehicles in a drive-away service when no more than three (3) saddle mounts are used, and equipment used in the combination is approved by part 393.71 of the federal motor carrier safety regulations, 49 CFR 393.71, and safety regulations of the division of motor vehicles of the department of administration of the state of Rhode Island.

31-25-13. Axle load limit -- (a) The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed twenty-two thousand four hundred pounds (22,400 lbs.).

(b) For the purposes of this chapter, an axle load shall be defined as the total load transmitted to the road by all wheels whose centers are included between two (2) parallel transverse vertical planes forty inches (40") apart, extending across the full width of the vehicle.

(c) Any carrier operating a vehicle or combination of vehicles in excess of the weight limits for single axle limits as set forth in subsection (a) of this section shall be fined one hundred dollars ($100).

31-25-14. Maximum weight and tandem axles.

(a) It is unlawful to transport or operate over or upon any public highway in this state any vehicle equipped with tandem axles, should the gross weight of the axles exceed thirty-six thousand pounds (36,000 lbs.) if the axle spacing does not exceed eight feet (8').

(b) With respect to all public highways, the overall gross weight on a group of two or more consecutive axles of a vehicle or combination of vehicles, shall be determined by the following bridge gross weight formula:

W = 500 [(LN / (N-1) ) + 12N + 36]

where W = the overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds; L = the distance in feet between the extremes of any group of two or more consecutive axles; and N = the number of axles in the group under consideration. The overall gross weight of any vehicle or combination of vehicles may not exceed eighty thousand pounds (80,000 lbs.) except as specified in 31-25-1, 31-25-2, and 31-25-21.

(c) In any calculation using the above formula in which the tandem axle limit is less than thirty-six thousand pounds (36,000 lbs.), thirty-six thousand pounds (36,000 lbs.) shall be considered the legal limit. Single axle limits shall be as defined in 31-25-13. Nothing in this chapter shall be construed to abrogate any of the "grandfather rights" in existence as of April 1, 1989.

(d) Penalties for violations of this section are as follows:

(1) Any carrier operating a vehicle or combination of vehicles in excess of the weight limits of tandem-axle vehicles shall be fined one hundred dollars ($100).

(2) Any carrier, as defined in 31-25-16, operating a vehicle or combination of vehicles that exceeds the weight limits of twenty two thousand four hundred pounds (22,400 lbs.) single limits as cited in 31-25-13, shall be fined one hundred dollars ($100).

(23) Any carrier operating a vehicle or combination of vehicles in excess of the bridge gross weight formula shall be fined one hundred dollars ($100).

SECTION 87. Section 31-41.1-4 of the General Laws in Chapter 31-41.4 entitled "Adjudication of Traffic Offenses" is hereby amended to read as follows:

31-41.1-4. Schedule of violations.

(a) The table below details the penalties for violations of the enumerated sections. However, those offenses for which punishments vary according to the severity of the offense, or which require the violator to perform a service, shall be heard and decided by the traffic tribunal or municipal court. The following violations may be handled administratively through the method prescribed in this chapter. This list is not exclusive, and jurisdiction may be conferred on the traffic tribunal with regard to other violations:

VIOLATIONS SCHEDULE

* * *

31-12-2 Obedience to laws 50.00

* * *

SECTION 88. Section 23-19.5-5 of the General Laws in Chapter 23-19.5 entitled "Percolation Tests and Water Table Elevation Determinations" is hereby amended to read as follows:

23-19.5-5. Exclusion of certain property -- The foregoing requirements of this chapter shall not apply to any such conveyance if the deed contains an express condition that the parties thereto to it covenant that no building will be erected thereon on this land during ownership by the grantee which will require sanitary sewage disposal, and a statement to that effect is filed with the department of environmental management. In addition, the foregoing These requirements shall not apply to that portion of any tract of land in the conveyance upon which no building is to be erected.

SECTION 89. Section 23-19.10-4 of the General Laws in Chapter 23-19.10 entitled "Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986" is hereby repealed in its entirety.

23-19.10-4. Study and recommendations -- On or before June 1, 1987, the department shall conduct a study and make recommendations to the general assembly on the establishment of a comprehensive program for achieving reductions in hazardous waste generation. The study shall address, but not be limited to, all of the following program elements, as they relate to hazardous waste reduction:

(1) Funding assistance, such as grants, low-interest loans, and tax incentives.

(2) Disposal fee levels and types.

(3) Technical assistance.

(4) Regulatory incentives.

(5) Demonstration projects.

(6) Research activities.

(7) Funding and staffing necessary to fully implement this program.

SECTION 90. Section 28-42-3 of the General Laws in Chapter 28-42 entitled "Employment Security - General Provisions" is hereby amended to read as follows:

28-42-3. Definitions -- The following words and phrases, as used in chapters 42 -- 44 of this title, have the following meanings unless the context clearly requires otherwise:

(1) "Administration account" means the employment security administration account established by this chapter;

(2) "Average weekly wage" means the amount determined by dividing the individual's total wages earned for service performed in employment within his or her base period by the number of that individual's credit weeks within his or her base period;

(3) "Base period" with respect to an individual's benefit year, means the first four (4) of the most recently completed five (5) calendar quarters immediately preceding the first day of an individual's benefit year. For any individual's benefit year and for any individual deemed monetarily ineligible for benefits for the "base period" as defined in this subdivision, the department will make a redetermination of entitlement based upon the alternate base period, the last four (4) completed calendar quarters immediately preceding the first day of the claimant's benefit year. Notwithstanding anything contained to the contrary in this subdivision, the base period does not include any calendar quarter previously used to establish a valid claim for benefits; provided, that notwithstanding any provision of chapters 42 -- 44 of this title to the contrary, for the benefit years beginning on or after October 4, 1992, whenever an individual who has received workers' compensation benefits is entitled to reinstatement under section 28-33-47, but the position to which reinstatement is sought does not exist or is not available, the individual's base period will be determined as if the individual filed for benefits on the date of the injury;

(4) "Benefit" means the money payable to an individual as compensation for his or her wage losses due to unemployment as provided in these chapters;

(5) "Benefit credits" means the total amount of money payable to an individual as benefits, as determined by section 28-44-5 28-44-9;

(6) "Benefit rate" means the money payable to an individual as compensation, as provided in chapters 42 -- 44 of this title, for his or her wage losses with respect to any week of total unemployment;

(7) "Benefit year", with respect to any individual who does not already have a benefit year in effect and who files a valid claim for benefits, means fifty-two (52) consecutive calendar weeks, the first of which will be the week containing the day as of which he or she first files a valid claim in accordance with regulations adopted as subsequently prescribed in this chapter; provided, however, that the benefit year will be fifty-three (53) weeks if the filing of a new valid claim would result in overlapping any quarter of the base period of a prior new claim previously filed by the individual; provided, further, that in no event does a new benefit year begin prior to the Sunday next following the end of the old benefit year;

(8) "Calendar quarter" means the period of three (3) consecutive calendar months ending March 31, June 30, September 30, and December 31; or the equivalent in accordance with regulations as subsequently prescribed;

(9) "Contributions" means the money payments to the state employment security fund required by those chapters;

(10) "Credit week" means any week within an individual's base period in which that individual earned wages amounting to at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title for performing services in employment for one or more employers subject to chapters 42 -- 44 of this title;

(11) "Crew leader", for the purpose of subdivision (18), means an individual who:

(i) Furnishes individuals to perform service in agricultural labor for any other person;

(ii) Pays (either on his or her own behalf or on behalf of that other person) the individuals furnished by him or her for the service in agricultural labor performed by them; and

(iii) Has not entered into a written agreement with that other person (farm operator) under which that individual (crew leader) is designated as an employee of that other person (farm operator).

(12) "Director" means the head of the department of labor and training or his or her authorized representative;

(13) "Domestic service employment". The term "employment" includes domestic service in a private home performed for a person who paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the current calendar year or the preceding calendar year to individuals employed in that domestic service;

(14) "Employee" means any person who is or has been employed by an employer subject to those chapters and in employment subject to those chapters;

(15) "Employer" means:

(i) Any employing unit which was an employer as of December 31, 1955;

(ii) Any employing unit which for some portion of a day on and after January 1, 1956, has or had in employment within any calendar year one or more individuals; except, however, for "domestic service employment", as defined in subdivision (13) of this section;

(iii) For the effective period of its election pursuant to section 28-42-12, any other employing unit which has elected to become subject to chapters 42 -- 44 of this title;

(iv) Any employing unit not an employer by reason of any other paragraph of this subdivision for which, within either the current or preceding calendar year, service is or was performed with respect to which that employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into this state's employment security fund; or which, as a condition for approval of chapters 42 -- 44 of this title for full tax credit against the tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. section 3301 et seq., is required, pursuant to that act, to be an "employer" under chapters 42 -- 44 of this title;

(16) "Employing unit" means any person, partnership, association, trust, estate, or corporation whether domestic or foreign, or the legal representative, trustee in bankruptcy, receiver, or trustee of any of them, or the legal representative of a deceased person, which has, or had in his or her employ one or more individuals; provided, that for the purposes of subdivision (13) of this section, a private home is considered an employing unit only if the person for whom the domestic service was performed paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the current calendar year or the preceding calendar year to individuals employed in that domestic service in that private home;

(17) (i) "Employment", subject to sections 28-42-4 -- 28-42-10, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied; provided, that service performed is also deemed to constitute employment for all the purposes of chapters 42 -- 44 of this title, if performed by an individual in the employ of a nonprofit organization as described in subdivision (24) of this section except as provided in section 28-42-8(7).

(ii) Notwithstanding any other provisions of this section, "Employment" also means service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into this state's employment security fund or which, as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required to be covered under chapters 42 -- 44 of this title;

(18) "Employment -- Crew leader", for the purposes of subdivision (14) of this section:

(i) Any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of that crew leader if:

(A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. section 1801 et seq., or substantially all members of that crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other mechanized equipment, which is provided by that crew leader; and

(ii) That individual is not an employee of that other person within the meaning of subdivision (14) of this section; and

(iii) In the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of that crew leader:

(A) That other person and not the crew leader will be treated as the employer of that individual; and

(B) That other person will be treated as having paid cash remuneration to that individual in an amount equal to the amount of cash remuneration paid to that individual by the crew leader (either on his or her own behalf or on behalf of that other person) for the service in agricultural labor performed for that other person;

(19) "Employment office" means a free public employment office, or branch, operated by the director or by this state as part of a system of free public employment offices, or other agency that the director may designate with the approval of the social security administration;

(20) "Fund" means the employment security fund established by this chapter;

(21) "Governmental entity" means state and local governments in this state and includes the following:

(i) The state of Rhode Island or any of its instrumentalities, or any political subdivision of these or any of its instrumentalities;

(ii) Any instrumentality of more than one of these; or

(iii) Any instrumentality of any of these and one or more other states or political subdivisions;

(22) "Hospital" means an institution which has been licensed, certified, or approved by the department of health as a hospital;

(23) (i) "Institution of higher education" means an educational institution in this state which:

(A) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of this certificate;

(B) Is legally authorized within this state to provide a program of education beyond high school;

(C) Provides:

(I) An educational program for which it awards a bachelor's or higher degree, or a program which is acceptable for full credit toward this degree;

(II) A program of post-graduate or post-doctoral studies; or

(III) A program of training to prepare students for gainful employment in a recognized occupation; and

(D) Is a public or other non-profit institution.

(ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges and universities in this state are institutions of higher education for purposes of this section;

(24) "Nonprofit organization" means an organization or group of organizations as defined in 26 U.S.C. section 501(c)(3) which is exempt from income tax under 26 U.S.C. section 501(a);

(25) (i) "Partial unemployment". An employee is deemed partially unemployed in any week of less than full-time work if he or she fails to earn in wages for that week an amount equal to the weekly benefit rate for total unemployment to which he or she would be entitled if totally unemployed and eligible.

(ii) For the purposes of this subdivision and subdivision (27) of this section, the term "wages" includes only that part of remuneration for any work, which is in excess of one-fifth ( 1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week, and the term "services" includes only that part of any work for which remuneration in excess of one-fifth ( 1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week is payable; provided, that nothing contained in this section permits any individual to whom remuneration is payable for any work performed in any week in an amount equal to or greater than his or her weekly benefit rate to receive benefits under this subdivision for that week.

(iii) Notwithstanding anything contained to the contrary in this subdivision, the term "services", as used in this subdivision and in subdivision (27) of this section, does not include services rendered by an individual under the exclusive supervision of any agency of this state, or any political subdivision of the state, where the services are required solely for the purpose of affording relief, support, or assistance to needy individuals performing those services, or services performed by members of the national guard and organized reserves in carrying out their duties in weekly drills as members of those organizations, and the term "wages", as used in this subdivision and in subdivision (27) of this section, does not include either remuneration received by needy individuals for rendering these services when that remuneration is paid exclusively from funds made available for that purpose out of taxes collected by this state or any political subdivision of the state, or remuneration received from the federal government by members of the national guard and organized reserves, as drill pay, including longevity pay and allowances;

(26) "Payroll" means the total amount of all wages paid by the employer to his or her employees for employment;

(27) "Total unemployment." An individual is deemed totally unemployed in any week in which he or she performs no services (as used in subdivision (25) of this section) and for which he or she earns no wages (as used in subdivision (25) of this section), and in which he or she cannot reasonably return to any self-employment in which he or she has customarily been engaged;

(28) "Wages" means all remuneration paid for personal services on or after January 1, 1940, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash, and all other remuneration which is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund. Gratuities customarily received by an individual in the course of his or her employment from persons other than his or her employing unit will be treated as wages paid by his or her employing unit. The reasonable cash value of remuneration paid in any medium other than cash, and the reasonable amount of gratuities, will be estimated and determined in accordance with rules prescribed by the director; except that for the purpose of this subdivision and of sections 28-43-1 -- 28-43-14, this term do not include:

(i) That part of remuneration which is paid by an employer to an individual with respect to employment during any calendar year, after remuneration equal to the amount of the taxable wage base as determined in accordance with section 28-43-7 has been paid during that calendar year by the employer or his or her predecessor to that individual; provided, that if the definition of the term "wages" as contained in the Federal Unemployment Tax Act, 26 U.S.C. section 3301 et seq., is amended to include remuneration in excess of the taxable wage base for that employment, then, for the purposes of sections 28-43-1 -- 28-43-14, "wages" includes the remuneration as previously set forth in this subsection up to an amount equal to the dollar limitation specified in the federal act. For the purposes of this subdivision, the term "employment" includes services constituting employment under any employment security law of another state or of the federal government;

(ii) The amount of any payment made to, or on behalf of, an employee under a plan or system established by an employer which makes provision for his or her employees generally or for a class or classes of his or her employees (including any amount paid by an employer or an employee for insurance or annuities, or into a fund, to provide for this payment), on account of:

(A) Retirement;

(B) Sickness or accident disability;

(C) Medical and hospitalization expenses in connection with sickness or accident disability; or

(D) Death; provided, that the employee does not have:

(I) The option to receive, instead of provision for that death benefit, any part of that payment or, if that death benefit is insured, any part of the premiums (or contributions to premiums) paid by his or her employer; and

(II) The right, under the provisions of the plan or system or policy of insurance providing for that death benefit, to assign that benefit, or to receive a cash consideration in lieu of that benefit either upon his or her withdrawal from the plan or system providing for that benefit or upon termination of the plan or system or policy of insurance, or of his or her employment with that employer; or

(III) Any amount paid by an employee or an amount paid by an employer under a benefit plan organized under section 125 of the Internal Revenue Code, 26 U.S.C. section 125.

(E) The payment by an employer (without deduction from the remuneration of the employee) of :

(I) The tax imposed upon an employee under 26 U.S.C. section 3101; or

(II) Any payment required from an employee under chapters 42 -- 44 of this title.

(29) "Week" means the seven (7) day calendar week beginning on Sunday at 12:01 A.M. and ending on Saturday at 12:00 A.M. midnight.

SECTION 91. Sections 28-43-2, 28-43-24, 28-43-29, 28-43-30 and 28-43-31 of the General Laws in Chapter 28-43 entitled "Employment Security - Contributions" are hereby amended to read as follows:

28-43-2. Balancing account -- Credits and charges. -- Subsequent to the establishment of the balancing account as set forth in section 28-43-1(1), the credits and charges to that account are determined by the director as follows:

(1) Credits to the balancing account:

(i) All interest earnings received by the fund;

(ii) All transfers to the credit of the account of this state in the unemployment trust fund under 42 U.S.C. section 903(a);

(iii) Any plus balance remaining to the credit of an employer's account after he or she has ceased to be subject to chapters 42 -- 44 of this title;

(iv) The entire amount credited to the balancing account under section 28-43-9 relating to the balancing rate;

(v) An amount equal to the amount of any restitution by an employee of benefits, whether that restitution is in cash or in the form of offset against benefits otherwise due, when that restitution is made;

(vi) Any deposits made by employers in connection with an appeal under section 28-44-39, which are not returnable;

(vii) The amount reimbursed or advanced to this state as the federal share of extended benefits paid to individuals under section 28-44-62; and

(viii) The amount reimbursed to this state in accordance with section 121 of United States P.L. 94-566.

(2) Charges to the balancing account:

(i) Any minus balance of an employer's account after he or she has ceased to be subject to this title, together with an amount equal to benefits thereafter paid based on wages reported by that employer;

(ii) Any disbursements from the fund which are not chargeable to employer accounts;

(iii) Any benefit payments paid to a claimant and charged to an employer's account after a hearing in which the employer appeared and contested the award which is thereafter finally disallowed on appeal, which the charges to the employer's account are cancelled;

(iv) Any benefit payments based on determinations by the administrative agencies of other states;

(v) Dependent's allowances not otherwise chargeable to an employer's account paid under section 28-44-6 for benefit years beginning subsequent to September 30, 1985;

(vi) Benefits not chargeable to any individual employer's account;

(vii) Any benefit payments paid to an individual who has left his or her employment for reasons which have been determined not to have been connected with the employment; provided, that the benefits paid to an individual who leaves work pursuant to a retirement plan, system, or program in accordance with section 28-44-17 of this title is charged in accordance with section 28-43-3(2)(ii); and

(viii) Any benefits paid for benefit years beginning subsequent to September 30, 1985, to an individual in accordance with section 28-44-62, and not otherwise chargeable to an employer's account;

(ix) Any benefits paid to an individual in accordance with the provisions of section 28-44-3.1 to the extent that the employment security fund is reimbursed for the benefits pursuant to section 121 of United States P.L. 94-566;

(x) The foregoing charges to the balancing account are limited to benefits paid based on service with an employer required to pay contributions under chapters 42 -- 44 of this title.

(xi) Any benefits paid for benefit years beginning subsequent to July 7, 1996 to an individual unemployed as a result of physical damage to the real property at the employer's usual place of business caused by severe weather conditions, including, but not limited to, hurricanes, snowstorms, ice storms or flooding, or fire except where caused by the employer.

28-43-24. Contributions payable by governmental entities. -- (a) In lieu of contributions required by employers under chapters 42 -- 44 of this title, a governmental entity as defined in section 28-42-3(21) may elect to pay to the director for the employment security fund an amount equal to the amount of regular benefits and of one-half ( 1/2) of the extended benefits paid that are attributable to service in the employ of the governmental entity for weeks of unemployment which begin during the effective period of that election in accordance with section 28-43-29; provided, that for weeks of unemployment beginning on or after January 1, 1979, governmental entities which have elected reimbursement are responsible for reimbursing the fund for the full amount of extended benefits that are attributable to service in the employ of that governmental entity; provided further, that the governmental entity is not liable for any benefits paid in accordance with section 28-44-3.1 to the extent that the employment security fund is reimbursed for the benefits pursuant to section 121 of United States P.L. 94-566.

(b) If a governmental entity elects to reimburse the fund, reimbursement payments are made in accordance with section 28-43-30 and the allocation of benefit costs is made in accordance with section 28-43-31.

(c) If a governmental entity does not elect to reimburse the fund, it is required to pay contributions as provided in chapters 42 -- 44 of this title.

28-43-29. Liability for contributions and election of reimbursement. -- (a) Any nonprofit organization or governmental entity which is or becomes subject to chapters 42 -- 44 of this title on or after January 1, 1978, shall pay contributions under chapters 42 -- 44 of this title, unless it elects, in accordance with this section, to pay to the director for the employment security fund the full amount of regular benefits paid plus the full amount of the extended benefits paid, less any federal payments to the state under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, that are attributable to service in the employ of that nonprofit organization or governmental entity to individuals for weeks of unemployment which begin during the effective period of that election; provided, that for weeks of unemployment beginning on or after January 1, 1979, governmental entities which have elected reimbursement shall be responsible for reimbursing the employment security fund for the full amount of extended benefits paid that is attributable to service in the employ of those entities ; provided further, that any nonprofit organization or governmental entity which elects to make payments in lieu of contributions shall not be liable to make those payments with respect to the benefits paid in accordance with section 28-44-3.1 to the extent that the employment security fund is reimbursed for those benefits pursuant to section 121 of United States P.L. 94-566.

(b) Any nonprofit organization or governmental entity which is or becomes subject to chapters 42 -- 44 of this title on January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than the 1978 tax year and the next ensuing tax year provided it files with the director a written notice of its election within the thirty (30) day period immediately following January 1, 1978.

(c) Any nonprofit organization or governmental entity which becomes subject to chapters 42 -- 44 of this title after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than the balance of the tax year beginning with the date on which that subjectivity begins and the next ensuing tax year by filing a written notice of its election with the director not later than thirty (30) days immediately following the date of the determination of that subjectivity.

(d) Any nonprofit organization or governmental entity which makes an election in accordance with subsection (b) or (c) will continue to be liable for payments in lieu of contributions until it files with the director a written notice terminating its election not later than thirty (30) days prior to the beginning of the tax year for which that termination shall first be effective. The nonprofit organization or governmental entity is thereafter liable for the payment of contributions for not less than that tax year and the next ensuing tax year before another election can be exercised.

(e) Any nonprofit organization or governmental entity which has been paying contributions under chapters 42 -- 44 of this title for a period subsequent to January 1, 1978, may change to a reimbursable basis by filing with the director not later than thirty (30) days prior to the beginning of any tax year a written notice of election to become liable for payments in lieu of contributions. That election is not terminable by the organization or entity for that tax year and for the next ensuing tax year.

(f) The director may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid on or after January 1, 1978.

(g) The director, in accordance with those procedures that he or she may prescribe, shall notify each nonprofit organization or governmental entity of any determination which may be made of its status as an employer and of the effective date of any election which it makes and of any termination of that election. Any determination is conclusive on the organization or the entity unless within fifteen (15) days after notice of the determination has been mailed or otherwise delivered to it, appeal is made to the board of review in writing in accordance with section 28-43-14.

28-43-30. Reimbursement payments -- Nonprofit organizations and governmental entities. -- (a) At the end of each month, the director shall bill each nonprofit organization or group of those organizations or governmental entity which has elected to make payment in lieu of contributions, for an amount equal to the full amount of regular benefits, plus the full amount of extended benefits paid during that month, less any federal payments to the state under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, that is attributable to service in the employ of that organization or entity; provided, that for weeks of unemployment beginning on or after January 1, 1979, those governmental entities are responsible for reimbursing the employment security fund for the full amount of extended benefits paid that is attributable to service in the employ of those entities ; provided, further, that the organization or governmental entity is not liable for any benefits paid in accordance with section 28-44-3.1 to the extent the employment security fund is reimbursed for those benefits pursuant to section 121 of United States P.L. 94-566.

(b) The amount computed for the state shall be reported monthly to the general treasurer and is at that time paid from the general fund of the state upon approval of the amount in accordance with the law in effect, except that to the extent that benefits are paid by the state from special administrative funds, the payment by the state into the employment security fund is made from special funds.

(c) The amount computed for political subdivisions, instrumentalities, and all other governmental entities shall be reported monthly to the financial authorities who will pay the required amount into the employment security fund in accordance with regulations as prescribed.

(d) Payment of any bill rendered under subsection (a) shall be made not later than thirty (30) days after that bill was mailed to the last known address of the nonprofit organization or governmental entity, or was otherwise delivered to it. The bill rendered to an employer constitutes the director's determination and is binding upon the employer unless an appeal is filed in writing to the board of review in accordance with section 28-43-14, within fifteen (15) days of the mailing or other delivery.

(e) Payments made by any nonprofit organization or governmental entity under the provisions of this section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.

(f) With respect to nonprofit organizations or group of organizations and governmental entities past due payments of amounts in lieu of contributions are subject to the same interest and penalties that apply to delinquent contributions under sections 28-42-65 and 28-43-15.

(g) If any nonprofit organization or governmental entity is delinquent in making payments in lieu of contributions as required under this section, the director may terminate that organization's or entity's election to make payments in lieu of contributions as of the beginning of the next taxable year and that termination is effective for that and the next taxable year.

28-43-31. Allocation of benefit costs -- Reimbursable employers. -- Each employer that is liable for payments in lieu of contributions in accordance with section 28-43-29 shall pay to the director for the fund the full amount of regular benefits paid plus the full amount of extended benefits paid, less any federal payments to the state under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, that are attributable to service in the employ of that employer. For weeks of unemployment beginning on or after January 1, 1979, governmental entities which are liable for reimbursement are responsible for reimbursing the fund for the full amount of extended benefits paid. Any organization or governmental entity is not liable for any benefits paid in accordance with section 28-44-3.1 to the extent that the employment security fund is reimbursed for those benefits pursuant to section 121 of United States P.L. 94-566.

SECTION 92. Section 28-44-4 of the General Laws in Chapter 28-44 entitled "Employment Security - Benefits" is hereby amended to read as follows:

28-44-4. Inclusion of unpaid wages. -- Wages earned by an employee for employment from employers which remain unpaid because the assets of the employer for whom that employment was rendered are in the custody or control of an assignee for the benefit of creditors, receiver, trustee, or any other fiduciary appointed by or under the control of a court of competent jurisdiction, are, for all purposes of sections 28-44-1, 28-44-3, 28-44-5, 28-44-6, and 28-44-11, deemed to be and shall be treated as though those wages had been paid to that employee during the calendar year within which those wages were earned.

SECTION 93. Chapter 28-37 of the General Laws entitled "Workers' Compensation Administrative Fund" is hereby amended by adding thereto the following section:

28-37-5. Dates of injuries compensable. -- Payments to be made in accordance in section 28-37-4 shall be applicable only to injuries occurring on or after July 1, 1943.

SECTION 94. Section 28-37-5 of the General Laws in Chapter 28-37 entitled "Workers' Compensation Administrative Fund" is hereby repealed.

28-37-5. Dates of injuries compensable. -- Payments to be made in accordance in section 28-37-4 shall be applicable only to injuries occurring on or after July 1, 1943.

SECTION 95. Section 31-44-3.1 of the General Laws in Chapter 31-44 entitled "Mobile and Manufactured Homes" is hereby amended to read as follows:

31-44-3.1. Sale of mobile home parks -- Tenants association right of first refusal. -- (a) If In any instance in which a mobile home park owner has been sent a registered or certified letter from an incorporated home owner households association indicating that the such association's membership is has at least fifty-one percent (51%) of the home owner households in residing within that park, as members and that the association has articles of incorporation specifying all rights and powers, including the power to negotiate for, acquire, and operate the mobile home park on behalf of the member residents, then, before a mobile home park may be sold or leased for any purpose and before it may be leased for any purpose that would result in a discontinuance, the owner shall notify the association by registered or certified mail, return receipt requested, of any bona fide offer that the owner intends to accept, to buy the park or to lease it for a use that would result in a discontinuance. The park owner also shall give notice by registered or certified mail, return receipt requested, to the incorporated home owners' association of any intention to sell or lease the park for a use which will result in a discontinuance within fourteen (14) days of any advertisement or other public notice by the owner or his or her agent that the park is for sale or the land upon which the park is located is for lease. Nothing in this chapter herein shall limits the such association from acting as an agent of the residents in any other cause of action, objective, or purpose in advancing a stated purpose in the articles of incorporation of the such home owners association.

(b) The notice of pending bona fide sale from the owner must contain at a minimum the following if known and available and applicable to the sale:

(1) An affidavit from the buyer or lessee stating the offered purchase price or offered lease payment;

(2) The terms of seller financing, including the amount, the interest rate, and the amortization rate of the financing thereof;

(3) The terms of any assumable financing, if any, including the amount, the interest rate, and the amortization rate of the financing thereof;

(4) The legal description and a statement of appraised or assessed value of property included in any land trade involved in the sale of the park;

(5) Proposed improvements to the property or any other economic concessions by the owner to be made by the owner in connection with the sale, or other economic concessions by the owner in connection with the sale, if any;

(6) A statement that the owner will allow reasonable access to the property by parties involved in the potential purchase including but not limited to the tenants' association, consultants, and lenders;

(7) A statement that the owner will make available to the residents copies of any easements either on or off the property to which the owner is a party and copies of all permits or licenses in force within seven (7) days of a signed purchase and sale agreement with the residents;

(8) A statement that the owner will make available to the residents a survey and legal description of the park, plus an itemized list of monthly operating expenses, utility consumption rates, taxes, insurance, and capital expenditures for each of the past three (3) years within seven (7) days of a signed purchase and sale agreement with the residents;

(9) A statement that the owner will make available to the tenants' association the most recent rent roll, a list of tenants, a list of vacant units, and a statement of the vacancy rate at the park for the three (3) preceding calendar years within seven (7) days of a signed purchase and sale agreement with the residents;

(10) A statement that the owner will make available to the tenants' association any available data relating to the past and present existence of hazardous waste either on the property or in close proximity within seven (7) days of a signed purchase and sale agreement with the residents;

(11) A statement that the owner will make available to the tenants' association any available data relating to the water, sewer, and electrical systems of the park within seven (7) days of a signed purchase and sale agreement with the residents;

(12) A statement that the owner will make available to the tenants' association all income and operating expenses relating to the property to be purchased for the three (3) preceding calendar years within seven (7) days of a signed purchase and sale agreement with the residents and any such other information as may be required by the lender. ;

(i) Any Such additional information as required by the lender shall be kept strictly confidential.

(ii) Any incorporated home owners' association entitled to notice under this section has shall have the right to purchase, in the case of a third party bona fide offer to purchase, or to lease in the case of a third party bona fide offer to lease, the said park, provided the association it meets the same price and the same terms and conditions of any offer of which it is entitled to notice under this section by (1) executing a contract or purchase and sale or lease agreement with the owner within forty-five (45) days of notice of the offer and (2) obtaining any necessary financing or guarantees within an additional one hundred thirty-five (135) days.

(iii) No owner shall unreasonably refuse to enter into, or unreasonably delay the execution of a purchase and sale or lease agreement with a home owners' association that has made a bona fide offer to meet the same price and the same terms and conditions of an offer for which notice is required to be given pursuant to this section.

(iv) The deposit monies must be credited to the purchase price of the mobile home park. The incorporated home owners' association will use diligent efforts to obtain a commitment for financing from a lender by making immediate application for financing upon signing of the purchase and sale agreement. In the event that the incorporated home owners' association, with the exercise of reasonable efforts, is unable to obtain necessary financing or comply with other contingencies of the purchase and sale agreement, the incorporated home owners' association shall immediately notify the park owner and the deposit shall be returned to the incorporated home owners' association.

(v) If the incorporated home owners' association defaults shall default in the performance of its obligations as a purchaser under the terms of the purchase and sale agreement, the park owner has shall have, as sole and exclusive remedy for the such default, the right to retain the deposit as liquidated damages in full settlement and discharge of all obligations of the incorporated home owners' association without further recourse in law or equity.

(vi) Failure of the incorporated home owners' association to execute such a purchase and sale agreement or lease within the forty-five (45) day period or to obtain a binding commitment for financing within the one hundred thirty-five (135) day period serves shall serve to terminate the right of such association's right to purchase or lease the mobile park home.

(vii) Residents shall have a total of one hundred eighty (180) days from the receipt of notice of a bona fide sale to complete a transaction under the right of first refusal legislation. Any delays by the seller in supplying requested information as stated in this chapter legislation or any delay resulting from litigation involving the sale and/or litigation affecting the marketability of the title of the mobile home park shall result in the same number of days over the due date being added to the one hundred and eighty (180) days available to the residents for a right of first refusal purchase, unless the such litigation is frivolous and prompted by the association for the sole purpose of delay by the home owners' association.

(viii) These The time periods herein provided may be extended by agreement of the association and the owner. Nothing in this chapter requires herein shall be construed to require an owner to provide financing to any association or to prohibits an owner from requiring an association which is offering to lease a park to have within its possession a sum equivalent to the capitalized value of the proposed rent of the park and requiring that a portion of that sum, of an amount necessary to pay the rent on the park for a period of no greater than two (2) years, be kept in escrow for that such purpose during the term of the lease.

(c) The right of first refusal created herein shall inures to a home owners' association for the time periods herein before provided in this section, beginning on the date of notice to the home owners' association. The effective period of the right of first refusal applies shall apply separately for each substantially different bona fide offer to purchase the park or to lease it for a purpose that would result in a discontinuance, and for each offer the same as an offer made more than three (3) months prior to the later offer. If ; provided however, that in the case of the same offer made by a prospective buyer who has previously made an offer for which notice to a home owners' association was required by this section, the right of first refusal applies shall apply only if the subsequent offer is made more than six (6) months after the earlier offer. The right of first refusal shall not apply as with respect to any offer received by the owner for which notice to a home owners' association is not required pursuant to this section.

(d) No right of first refusal applies shall apply to a government taking by eminent domain or negotiated purchase, a forced sale pursuant to a foreclosure, transfer by gift, devise, or operation of law, or a sale to a person who would be included within the table of descent and distribution if there were to be a death intestate of a park owner.

(e) In any instance in which the incorporated home owners' association of a mobile home park is not the successful purchaser or lessee of the mobile home park, the seller or lessor of the park shall proves compliance with this section by filing an affidavit of compliance in the official land evidence records of the city or town where the property is located within seven (7) days of the sale or lease of the park.

(f) In any instance in which the incorporated homeowners' association of a mobile home park is the successful purchaser or lessee of the such mobile home park, the said association has shall have the right to distinguish in terms of lease conditions, and rent, and fees as between members of said association and non-members of the said association. For purposes of this chapter, members and non-members of a homeowners' association and non-members of a homeowners' association are shall not be deemed residents of a similar class.

SECTION 96. This act shall take effect upon passage.


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