Chapter 05-020

2005 -- S 0967

Enacted 05/04/05

A N A C T

RELATING TO SEPARATION OF POWERS

Introduced By: Senator J. Michael Lenihan

Date Introduced: March 16, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-52.1 of the General Laws entitled "Central Falls - Fiscal

Emergency Act" is hereby repealed in its entirety.

CHAPTER 45-52.1

Central Falls - Fiscal Emergency Act

45-52.1-1. Declaration of policy. -- The general assembly determines that the public

health and welfare of the citizens of Central Falls and of this state would be adversely affected by

the insolvency of the local government of Central Falls. The general assembly further determines

that it is necessary to protect the credit of the state and its political subdivisions, and that it is a

valid public purpose for the state to take action to assist a unit of local government in a financial

emergency and to remedy this emergency by requiring prudent fiscal management. The general

assembly therefore determines that the authority and powers conferred by this chapter constitute a

necessary program and serve a valid public purpose.

45-52.1-2. Declaration of financial emergency in Central Falls. -- The general

assembly declares that a financial emergency continues to exist in the city of Central Falls

because the following conditions have occurred:

(1) The tax base has sustained little or no growth over the past several years;

(2) There are no significant developable parcels of property;

(3) The effective property tax rate in Central Falls ranks highest in the state, while its

residents have the lowest per capita income;

(4) School costs have increased dramatically due to demand for special education and

English as a second language services for the city's students while city appropriations to schools

have decreased substantially;

(5) The "Report of the Fact Finding Panel, January 4, 1991" recommended that "as the

Central Falls School Department cannot meet its contractual, legal and regulatory obligations

without increased funding, $1,500,000 to $2,000,000 must be added to its operating budget for

1990-1991";

(6) Basic education program monitoring by the department of education has found the

city to be in violation of state statutes and regulations. Amelioration of these thirty-two (32)

deficiencies will cost an additional estimated $1.2 million dollars; and

(7) Cumulative deficits for 1989 (excluding unfunded liabilities for pensions) equaled

$1.874 million, and the anticipated cumulative deficit for 1991 is estimated to be $2.7 million.

45-52.1-3. Central Falls review commission. -- (a) The Central Falls review

commission established by article 67 of chapter 65 of the 1990 public laws is reconstituted to be

comprised of seven (7) members as follows:

(1) The director of administration or his or her designee;

(2) The speaker of the house or his or her designee;

(3) The president of the senate or his or her designee;

(4) The mayor of the city of Central Falls or his or her designee;

(5) One member engaged in business, banking, or finance in Central Falls, who shall be

chosen by the governor;

(6) The president of the Rhode Island public expenditure council or his or her designee;

and

(7) The president of the Central Falls city council, or another council member appointed

by the council president.

(b) The chairperson of the commission is the director of administration or his or her

designee.

(c) Appointing authorities shall make their appointments within thirty (30) days of July

1, 1991, and the commission shall commence proceedings within forty (40) days of July 1, 1991.

(d) All departments, employees, agencies, and elected and appointed officials of the city

of Central Falls are required to cooperate with the commission. The commission has access to all

records and books of account of the city and may require the attendance of city officials and the

production of records, papers, contracts, and other documents relating to any matter within its

authority.

45-52.1-4. Powers and duties. -- The Central Falls review commission has the following

powers and duties:

(1) To analyze all factors contributing to the city's financial condition and advise the

mayor and the city council on this condition;

(2) To assist the city to implement the recommendations of the Central Falls review

commission as presented to the governor, the general assembly, and the mayor in the

commission's report dated January 4, 1991;

(3) To approve, modify, or disapprove any expenditure of funds that is available for

other purposes as a result of the operation and full financing of public education in the city by the

state. This amount shall be determined for each fiscal year, and shall be the difference between

the total operating budget for education for each year, and the amount of school operating aid of

all types that the city would have received absent state operation and financing. The review

commission shall be given written notice of any proposed expenditure of those funds. If the

review commission has not acted upon a written notice of proposed expenditure within thirty (30)

days of its receipt, the proposal is deemed to be approved;

(4) To review and advise on the annual operating and capital budgets, and on any single

expenditure of five thousand dollars ($5,000) or more, any collective bargaining agreement or

other contract, or the employment of any person or engagement of any consultant. The review

commission shall be given written notice of any proposed expenditure or action of these types,

and has fifteen (15) days to review the proposal and comment on it prior to an expenditure being

made or funds being encumbered or committed. This provision does not apply to expenditures

made necessary by emergencies that directly threaten public health or safety and authorized

pursuant to section 2-302(a) of the Central Falls City Charter. Emergency expenditures,

encumbrances, or commitments shall be reported to the commission in writing, however, together

with information documenting the emergency within five (5) days after the occurrence of the

emergency;

(5) To approve, modify, or disapprove any action that would incur short or long term

debt through the issuance of bonds or notes, or by any other means. The review commission shall

be given written notice of any proposed borrowing. If the review commission has not acted upon

a written notice of proposed borrowing within sixty (60) days of its receipt, the proposal is

deemed to be approved;

(6) To adopt, after consultation with the city council and the mayor, a plan for

elimination of cumulative debt, as required by section 45-12-22, or to approve a plan prepared by

the city. A plan adopted or approved under this provision shall be carried out by the city unless

modified by the review commission. The review commission shall not, however, disapprove a

reasonable and necessary request by the city for modification of a plan; and

(7) To request reports or information from the city on any aspect of municipal

government relevant to its fiscal status, which request shall be promptly complied with.

45-52.1-5. Termination of financial emergency. -- (a) A financial emergency is deemed

to no longer exist and the Central Falls review commission shall be inactivated at the time that the

city has completed a period of three (3) consecutive fiscal years in which no operating deficit has

been incurred and total debt does not exceed one hundred percent (100%) of the city's revenues

from its own sources. The city shall be deemed to have completed its fiscal year with no

operating deficit if that fact is certified by an independent audit.

(b) The review commission shall be reactivated, with all of the powers and duties

established in this chapter, immediately following any period of two (2) consecutive fiscal years

in which the city shall either have incurred an operating deficit or total debt has exceeded one

hundred percent (100%) of the city's revenues from its own sources. The reactivation of the

review commission shall occur upon delivery of written notice to the mayor by the director of

administration or the auditor general.

     SECTION 2. Chapter 24-11 of the General Laws entitled "Jamestown Ferry" is hereby

repealed in its entirety.

CHAPTER 24-11

Jamestown Ferry

24-11-1. -- 24-11-21. [Repealed.] --

24-11-22. Transfer of power to state director of transportation. -- The powers, rights,

and duties and functions of the Jamestown ferry authority are transferred to and vested in the state

director of transportation.

24-11-23. Exclusive right to operate -- Necessity for service. -- The exclusive right to

operate the ferry services which the Jamestown ferry authority had prior to May 22, 1958 by law,

is vested in the director of transportation who is authorized and directed to continue such

exclusive operation. Operation of the services is hereby declared to be necessary and convenient

in connection with the use of the state highway system, and ferries when so operated by the

director of transportation shall be deemed part of the state highway system.

24-11-24. Jamestown ferry commission. -- There is hereby created and established a

commission to be known as the Jamestown ferry commission, composed of the director of

transportation, as chairperson, the public utilities administrator, the director of administration, and

two (2) qualified electors, one of whom shall be a resident of the town of Jamestown and the

other a resident of the city of Newport, who shall be appointed by the governor and shall serve at

the governor's pleasure. No member of the commission shall receive any compensation for his or

her services as a member, and the powers and duties vested in the director of transportation, the

public utilities administrator and the director of administration by the provisions of sections 24-

11-22 -- 24-11-29 shall be construed to be in addition to any and all other powers and duties

vested in them by any other general or public law, and not in substitution thereof.

24-11-25. Fixing of tolls and charges. -- The Jamestown ferry commission shall by vote

of a majority of the full commission from time to time establish the tolls, rates or charges to be

paid for any services performed by or connected with ferries operated pursuant to sections 24-11-

22 -- 24-11-29; provided that no increase shall be made in a toll, rate, or charge except after thirty

(30) days' notice to the public published by posting the increase in plain type displayed at every

station or office where payments are made by the users of the ferry services.

24-11-26. Employees in ferry service. -- All employees essential to the operation of the

ferry service shall be in the classified service of the state. Preference shall be given to qualified

residents of the town of Jamestown to fill vacancies which may occur among the personnel of the

ferry service within the classified service of the state.

24-11-27. Revenue. -- All revenues derived from the operation of the ferry services shall

be paid over to the general treasurer as general revenue for use by the state.

24-11-28. Saving of existing rights. -- The passage of sections 24-11-22 -- 24-11-29

shall not affect any act done, any right accrued, acquired or established by, or any remedy for

injury to the Jamestown ferry authority, and the assignment and transfer provided for in this

chapter shall be deemed and held to be a continuation of all powers, duties, rights, and obligations

thereof.

24-11-29. Annual appropriation. -- The general assembly shall annually appropriate

such sum or sums as it may deem necessary to carry out the purposes of sections 24-11-22 -- 24-

11-29; and the state controller is hereby authorized and directed to draw his or her orders upon

the general treasurer for the payment of such sum or sums as may be necessary from time to time,

upon the receipt by the state controller of properly authenticated vouchers.

     SECTION 3. Chapter 42-43 of the General Laws entitled "Rhode Island Board for the

Classification of Motion Pictures" is hereby repealed in its entirety.

CHAPTER 42-43

Rhode Island Board for the Classification of Motion Pictures

42-43-1. Establishment of board. -- (a) There is hereby established a Rhode Island

board for the classification of motion pictures within the state department of elementary and

secondary education which shall be composed of a chairman and eight (8) members who shall be

appointed by the governor and who shall serve for a term of two (2) years. The members shall

adopt such rules and regulations as they deem best governing their action, proceeding, and

deliberation and the time and place of meeting.

(b) The chairman and all members of the board shall be citizens of the state of Rhode

Island and shall be chosen as far as is reasonably practicable in such a manner that they represent

a cross section of the community. In so far as is reasonable and practicable, the members

appointed to the board shall be persons educated and experienced in one or more of the following

fields: Literature, philosophy, sociology, psychology, history, education, music, or other related

fields.

(c) On April 6 of every even-numbered year, the governor shall announce the

appointments to the board, and within thirty (30) days thereafter the members of the board shall

meet at the call of the governor and elect one of its members as chairperson and shall elect such

other officers as they shall deem necessary or convenient. Five (5) members of the board shall

constitute a quorum, and the affirmative vote of five (5) members shall be necessary for any

action taken by the board provided, however, that no vacancy in the membership of the board

shall impair the right of a quorum to exercise all rights and perform all duties of the board.

Members of the board shall receive no compensation for their services, but shall receive the

necessary expenses incurred in the discharge of their official duties upon presentation of properly

authenticated vouchers.

(d) If a vacancy occurs upon the board by death, resignation, or otherwise, the governor

shall appoint a member to fill the vacancy for the unexpired term. The board shall report annually

to the governor on its operations and activities and shall make recommendations for the

improvement and facilitation of its functions.

42-43-2. Administration. -- The board shall appoint an administrator who shall be the

executive and administrative head responsible for the operations of the board. The administrator

shall devote such time to the duties of his or her office as may be required and as shall be

prescribed by the board. The salary of the administrator shall be determined by the board.

42-43-3. Definitions. -- As used in this chapter:

(a) "Advertisement" means any commercial promotional material initiated by an

exhibitor designed to bring a performance to public attention or to increase the sale of tickets to

the exhibition of the same whether by newspaper, billboard, motion picture, television, radio, or

other media;

(b) "Board" means the Rhode Island board for the classification of motion pictures as

established by this chapter;

(c) "Classification order" means any written determination by the board classifying a

performance;

(d) "Classify" means to determine whether a performance is (1) suitable for young

persons, or (2) not suitable for young persons;

(e) "Exhibit" means to present or conduct a performance in any public place within the

state of Rhode Island for which a charge is made for admission;

(f) "Exhibitor" means any person, firm, corporation, or association which exhibits a

performance;

(g) "File" means to deliver to the administrator for safe-keeping as a public record of the

board.

(h) "Initial exhibition" means the first exhibition of any performance within the state of

Rhode Island;

(i) "Not suitable for young persons" means that quality of any description or

representation, in any performance, of nudity, sexual conduct, sexual excitement, or sado-

masochistic abuse, when it:

(i) Predominantly appeals to the prurient, shameful, or morbid interest of young persons,

and

(ii) Is patently offensive to the prevailing standards in the adult community as a whole

with respect to what is suitable material for young persons, and

(iii) Is utterly without redeeming social importance for young persons.

(j) "Nudity" means the showing of the human male or female genitals, pubic area or

buttocks with less than a full opaque covering, or the showing of the female breast with less than

a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of

covered male genitals in a discernibly turgid state;

(k) "Performance" means any motion picture film or series of films with full length or

short subject, but does not include news reel film portraying actual current events or pictorial

news of the day;

(l) "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in

undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise

physically restrained on the part of one so clothed;

(m) "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or

physical contact with a person's clothed or unclothed genitals, pubic areas, buttocks, or, if such

person be a female, breast;

(n) "Sexual excitement" means the condition of human male or female genitals when in a

state of sexual stimulation or arousal;

(o) "Subsequent exhibition" means to exhibit subsequent to the initial exhibition whether

by the same or a different exhibitor;

(p) "Young person" means any person who has not attained his or her eighteenth

birthday.

42-43-4. Powers and duties of board. -- (a) It shall be the duty of the board to examine

and review all performances to be exhibited, conducted, or held in this state, irrespective of

whether or not the same has been licensed by any licensing authority for the purpose of

determining its probable effect upon persons under the age of eighteen (18) years.

(b) Seven (7) days before any initial exhibition, the exhibitor shall file a proposed

classification of the performance it is to exhibit stating the title of the performance and the name

of the producer and give a summary of the plot and such other information as the board may

require, together with the classification proposed by the exhibitor. The board shall examine the

proposed classification and if it approves the same shall mark it "Approved" and file it as its own

classification order. If the board fails to act, that is either file a classification order or hold a

hearing within five (5) days after the proposed classification is filed, the proposed classification

shall be considered approved.

(c) If upon examination of the proposed classification a majority of the board is not

satisfied that the proposed classification is proper, the chairperson shall hold a hearing and shall

direct the exhibitor to conduct the performance before the board at a suitably-equipped place, and

at a specified time which shall be the earliest time practicable. The exhibitor may at that time

make such statement to the board in support of his or her proposed classification and may present

such testimony as he or she desires. Within two (2) days of the conducting of the performance,

the board shall make and file its classification of the performance in question.

(d) Upon filing by the board of any classification order, the administrator shall

immediately issue and mail a notice of classification to the exhibitor involved and to any other

exhibitor who shall request that notice.

42-43-5. Judicial review. -- In addition to any other remedy he or she may have, any

exhibitor considering him or herself aggrieved by any classification order of the board may within

twenty-four (24) hours of the receipt of the notification file a notice of nonacceptance of the

board's classification, stating his or her intention to exhibit the performance in question under a

different classification. Thereupon it shall be the duty of the board to do the following: The board

shall within forty-eight (48) hours of the filing of the notice of non-acceptance commence a suit

against the exhibitor in the superior court for the counties of Providence and Bristol by filing a

complaint wherein shall be contained prayers that the performance is not suitable for young

persons and that its exhibition to young persons be permanently enjoined. Forthwith upon the

commencement of the proceedings the court may issue its order enjoining until full hearing by the

court the admission to such performance of any young person and the clerk of the court shall

cause notice of the pendency to be served upon the exhibitor. The matter shall then be heard by

the court on the question of whether or not the performance is suitable for young persons within

one day of the joinder of issue and the court shall render its decision within forty-eight (48) hours

of the conclusion of the hearing. The proceedings shall have priority on the court calendar. In

determining the time periods heretofore set forth in this section, Saturdays, Sundays, and court

holidays shall not be counted and the superior court shall not be required to hear these cases on

those days. Throughout these proceedings, the board shall have the burden of proof and if any of

the provisions of this chapter have not been strictly complied with by the board, the court shall

upon application forthwith dissolve any temporary injunction heretofore issued.

42-43-6. Offenses. -- (a) It shall be unlawful for any exhibitor or his or her employees:

(1) To exhibit any performance which has not been classified as provided in this chapter;

(2) To exhibit any performance classified "not suitable for young persons" if any current

advertisement of the performance by the exhibitor fails to state clearly the classification of the

performance;

(3) To exhibit any performance classified "not suitable for young persons" without

keeping the classification posted prominently in front of the theatre or building in which the

performance is being exhibited;

(4) Knowingly to sell or give to any young person a ticket to any performance classified

"not suitable for young persons";

(5) Knowingly to permit any young person to view the exhibition of any performance

classified "not suitable for young persons";

(6) To make any false or wilfully misleading statement in any proposed classification or

other proceeding before the board.

(b) It shall be unlawful for any young person:

(1) To give his or her age falsely as over eighteen (18) years of age for the purpose of

gaining admittance to the exhibition of a performance classified "not suitable for young persons";

(2) To enter or remain in the viewing portion of any theatre or other place where a

performance classified "not suitable for young persons" is being exhibited;

(3) To state falsely that he or she is married for the purpose of gaining admittance to an

exhibition of a performance classified as "not suitable for young persons."

(c) It shall be unlawful for any person:

(1) To sell or give to any young person a ticket or other form of admittance to an

exhibition of a performance classified "not suitable for young persons";

(2) To make any false or wilfully misleading statement in a proceeding before the board;

(3) To make any false statement for the purpose of enabling any young person to gain

admittance to the exhibition of a performance classified "not suitable for young persons."

(d) To the extent that any prosecution or other proceeding under this chapter involves the

entering, purchasing of a ticket, or viewing by a young person of a performance classified "not

suitable for young persons", it shall be a valid defense that the young person was accompanied by

a parent, legally appointed guardian, or spouse throughout the exhibition of the performance.

(e) (i) If an exhibitor or his or her employee is in doubt as to the age of any person

buying a ticket or seeking admittance to an exhibition of a performance classified "not suitable

for young persons" the exhibitor may demand that the person bring and display any of the

following documents:

(1) A birth certificate;

(2) A baptismal certificate;

(3) An armed services identification card;

(4) A Rhode Island motor vehicle operator's license;

(5) A Rhode Island identification card, and may require that any person who has shown a

document as set forth in this section substantiating his or her age to sign his or her name in a book

kept for this purpose, indicating what document was presented.

(ii) If a person whose age is questioned shall sign the book before he or she is admitted

to the exhibition of the performance and it is later determined that the person was not over

eighteen (18) years of age, it shall be considered prima facie evidence that the exhibitor or his or

her employee acted in good faith in admitting the person so producing the document as set forth

in this section misrepresenting his or her age.

(f) It shall be unlawful for any exhibitor to exhibit "X" rated films with any film with a

different rating or classification in a building with two (2) or more theatres without providing

separate entrances and box offices, and without preventing access from one theatre to another

theatre by patrons.

(g) It shall be unlawful for any exhibitor to exhibit "R" rated films or any films classified

"not suitable for young persons" with any film with a different rating or classification in a

building with two (2) or more theaters without providing separate entrances to the viewing area.

(h) The offenses under this section shall be deemed misdemeanors; provided, however,

that for all the offenses there shall be a mandatory fine of not less than fifty dollars ($50.00).

42-43-7. Appropriations and expenses. -- There is hereby appropriated the sum of ten

thousand dollars ($10,000) to carry out the purposes of this chapter, and the general assembly

shall annually appropriate such sums as it may deem necessary to carry out the provisions of this

chapter; and the state controller is hereby authorized and 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 him or her of proper vouchers duly authenticated.

42-43-8. Severability. -- If any clause, section, paragraph, or other part of this chapter or

the application thereof to any person or circumstances shall for any reason be adjudged by a court

of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the

remainder of this chapter or its application to other persons or circumstances.

42-43-9. Preview of "X" or "R" rated films. -- No person shall exhibit, show, or use

any preview film, reel, or view of any film rated "X" or "R" on any movie screen except at a

showing of a film rated "X" or "R." Any person who violates the provisions of this section shall

be fined not more than two hundred fifty dollars ($250) or imprisoned not more than six (6)

months or both.

42-43-10. "X" rated movies exhibited at drive-in theaters. -- Every person, firm,

corporation or association who operates a drive-in theater having a screen which is visible from

public highways, is prohibited from exhibiting films rated "X." Any violation of this section shall

be punishable by a fine of not more than five hundred ($500) dollars and/or imprisonment for a

term not to exceed one year.

     SECTION 4. Chapter 42-108 of the General Laws entitled "Comprehensive

Criminal/Juvenile Justice Information System Act" is hereby repealed in its entirety.

CHAPTER 42-108

Comprehensive Criminal/Juvenile Justice Information System Act

42-108-1. Short title. -- This chapter shall be known and may be cited as the

"Comprehensive Criminal/Juvenile Justice Information System Act".

42-108-2. Legislative findings. -- It is found and declared by the general assembly as

follows: that as specified in the report entitled "criminal justice information system", dated June

15, 1988, the departments and agencies concerned with criminal justice in the state, including the

Rhode Island state police, the department of public defender, the department of attorney general,

the department of corrections, the department of children, youth, and families, and the state

courts, do not have a network through which they can share information relating to criminal and

juvenile offenders; that the lack of such a network results in persons who should be confined or

whose activities should be monitored closely being able to travel unsupervised among the

citizenry of Rhode Island, resulting in danger to both adults and children; that in order to correct

this situation, it is necessary to create a committee to establish and administer a comprehensive

criminal/juvenile justice information system which will join in an economic manner all

departments and agencies concerned with criminal justice in the state in order to facilitate the

flow of information, eliminate the unnecessary redundant work presently performed, and

establish a more effective and efficient criminal justice program within the state.

42-108-2.1. Legislative findings -- Automated civil information system. -- It is found

and declared by the general assembly as follows: that the Rhode Island state courts do not have an

adequate computer system to effectively and timely provide information and processing for the

courts and its users; that the current court computer system for civil, family, and appellate case

processing is presently based on outdated technology that does not enable timely and complete

communication between courts, courts and attorneys, attorneys and their clients and between

court operations and administrators; that the court's current civil, family court, workers'

compensation, child support case tracking, and collections systems are all independent systems

that do not and cannot share essential information which results in duplication of data and

inefficiency; that the present system does not allow the courts any meaningful ability to plan

court operations or to quickly react to necessary changes; that through the comprehensive

automation of the civil, family, and appellate courts benefits will be realized to the courts and

most importantly to the litigants and users of the state's justice system; that pursuant to the

provisions of this chapter, the state is implementing a modern computer network to coordinate

criminal and juvenile justice information; that in order to correct the situation relating to the civil

information system and to coordinate with the criminal juvenile justices information system, it is

necessary for the courts to establish and implement an automated civil information system

(ACIS) in order to ensure the orderly and timely dispensation of justice.

42-108-3. Definitions. -- The following words and terms, unless the context clearly

indicates a different meaning, shall have the following meanings:

(1) "Account" means the restricted receipts account established pursuant to former

section 42-108-7.

(2) "Administrator" means the court administrator for the state.

(3) "Committee" means the comprehensive criminal/juvenile justice information systems

committee created pursuant to section 42-108-4.

(4) "Criminal justice agencies" means and includes the Rhode Island state police, the

department of public defender, the department of attorney-general, the department of corrections,

the department of children, youth, and families, and the state courts.

(5) "Executive director" means the executive director of the governor's justice

commission.

42-108-4. Committee established. -- There is created and established a committee to be

known as the "committee to establish and administer a comprehensive criminal/juvenile justice

information system".

42-108-5. Membership of committee. -- The committee shall consist of the executive

director of the governor's justice commission, or his or her designee; the auditor-general of the

state, or his or her designee; and the court administrator of the state or his or her designee. The

committee may be advised by the criminal justice information system subcommittee of the

governer's justice commission.

42-108-6. Powers and scope of activities. -- The committee shall have all the powers

necessary or convenient to carry out and effectuate the purpose and provisions of this chapter,

including in addition to other powers granted in this chapter, the following powers:

(1) To plan, develop and administer a comprehensive criminal/juvenile justice

information system to be utilized by the criminal justice agencies within the state;

(2) To work with a consultant to be selected, to implement the criminal justice

information system plan dated June 15, 1988 as deemed appropriate by the committee;

(3) To make and publish rules and regulations regarding the conduct of its business and

for the sharing of information among criminal justice agencies within the state;

(4) To receive on behalf of the state those grants or loans that may be made by the

federal government or by private persons or groups for the purposes of this chapter, and it shall be

the designated agency of the state in applying for those grants;

(5) To allocate funds to the various criminal justice agencies within the state in order to

enable the agencies to improve and upgrade their individual information systems in a manner

consistent with the criminal justice information system plans;

(6) To enter into contracts and funding agreements on behalf of the state in order to carry

out its powers and functions under this chapter;

(7) To authorize the improvement and upgrading of an individual information system by

the various criminal justice agencies and to allocate the funds for improvement and upgrading;

(8) To employ one fiscal clerk and one teller to be assigned to the traffic tribunal to assist

in accounting for revenue. Funding for those employees shall be provided from the restricted

receipts account;

(9) To hire any personnel as may be necessary to carry out the purpose of this chapter,

those positions to be funded by the restricted receipts account.

42-108-7. [Repealed.] --

42-108-8. Automated civil information system (ACIS) -- Committee established. --

There is created and established a committee to be known as the "Committee to Establish and

Administer a Comprehensive Automated Civil Information System."

42-108-9. Membership of committee (ACIS). -- The committee established pursuant to

section 42-108-8 shall consist of the auditor general of the state, or his or her designee; the court

administrator of the state or his or her designee; and the director of the department of

administration or his or her designee. The committee may be advised by a subcommittee to be

appointed by the chief justice of the supreme court.

42-108-10. Power and scope of authority (ACIS). -- The committee shall have all the

powers necessary or convenient to carry out and effectuate the purposes and provisions of this

chapter as set forth in section 42-108-2.1, including in addition to other powers granted in this

chapter, the following powers:

(1) To plan, develop, and administer an automated civil information system;

(2) To develop and implement a system enabling attorneys and third parties to access

court information to achieve an orderly and efficient civil, family, and appellate judicial system.

In order to carry out the provisions herein, the ACIS committee may establish certain fee

structures and take action consistent with the power herein;

(3) To prepare requests for proposals, bid specifications, and the like in order to carry out

its powers and functions;

(4) To enter into contracts on behalf of the state in order to carry out its powers and

functions.

     SECTION 5. Chapter 42-63.3 of the General Laws entitled "Socially Responsible

Corporations" is hereby repealed in its entirety.

CHAPTER 42-63.3

Socially Responsible Corporations

42-63.3-1. Legislative findings. -- (a) It is found and declared that corporations which

are socially responsible lessen the public assistance burden of the state, contribute to the health

and living conditions of the citizens, contribute to the commerce, welfare and prosperity of the

citizens of the state, contribute to a stable and prosperous state economy and generally benefit the

people of this state.

(b) It is further found and declared that the expansion, encouragement and development

of socially responsible corporations within the state shall further lessen the public assistance

burdens of the state, further contribute to the health and living conditions of the citizens, further

contribute to the commerce, welfare and prosperity of the citizens of the state, further contribute

to a stable and prosperous state economy and generally further benefit the people of this state.

(c) It is further found and declared to be the public policy of the state to encourage the

expansion and development of socially responsible corporations within the state.

42-63.3-2. Commission established. -- There shall be created a socially responsible

corporations commission. The commission shall consist of nine (9) members: two (2) of whom

shall be members of the house of representatives appointed by the speaker, not more than one of

whom shall be from the same political party; two (2) of whom shall be members of the senate,

appointed by the president of the senate, not more than one of whom shall be from the same

political party; one member of the general public appointed by the speaker; one member of the

general public appointed by the governor; one representative of the Rhode Island business

community to be appointed by the governor; one representative of a nonprofit community-based

service organization to be appointed by the speaker; and one representative of a statewide

religious organization to be appointed by the speaker. The commission shall meet at the call of

the speaker, who shall appoint the chairperson. Staffing for the commission shall be provided by

the office of the speaker. Members of the commission shall serve without compensation.

42-63.3-3. Powers. -- The commission shall annually designate and publish a list of

corporations which have been designated by the commission as qualifying as socially responsible

corporations and entitled to the benefits of this chapter. A corporation shall qualify as a socially

responsible corporation only if it meets the requirements as set forth by the commission and this

chapter and has been designated as a qualifying socially responsible corporation. The designation

shall be for a one year period and a corporation must annually reapply to the commission.

42-63.3-4. General requirements. -- Businesses qualifying as socially responsible for

this list should give evidence of good corporate citizenship -- communicating with local residents

about common concerns and sharing corporate resources to help solve community problems by

offering philanthropic support and having institutionalized corporate codes of conduct. They shall

demonstrate concern about employee relations. Energy shall be produced and used responsibly in

a safe, clean and efficient manner. They shall take an active role in improving the environment

and offer quality and useful products and services giving attention to how they are marketed and

the relationships with consumers. They shall not do business with South Africa nor depend

largely on defense contracts.

42-63.3-5. Specific criteria. -- A corporation shall qualify as a socially responsible

corporation only if it meets the following requirements:

(1) It shall be legally incorporated as a business entity according to state and federal

requirements and it shall be a corporation with its headquarters located in the state of Rhode

Island that employs not less than five (5) individuals;

(2) It derives less than fifty percent (50%) of its income from contracts or sales involving

military or defense related matters or has in place a reasonable concrete plan for economic

diversification;

(3) It practices a pay equity differential policy in which the total annual compensation of

the highest compensated individual does not exceed the total annual compensation of the lowest

compensated full time individual by twenty-five (25) times;

(4) It donates five percent (5%) of its pretax revenue or ten percent (10%) of its after tax

revenue to Rhode Island based nonprofit charitable causes whose goal it is to promote racial,

ethnic, social or community welfare.

(5) The commission shall adopt additional requirements to qualify as a socially

responsible corporation not inconsistent with the requirements set forth above such as (but not to

be limited to) requiring that:

(i) The corporation practices a program against racism, sexism or age discrimination and

conducts affirmative recruitment of racial minorities, women and the elderly at the employee,

management and executive levels;

(ii) The corporation has a board of directors that is representative of the changing racial

composition of the state of Rhode Island;

(iii) The corporation uses energy in a safe, clean, and efficient manner, and is active in

improving the environment;

(iv) The corporation is not involved in, nor has a history of being repeatedly involved in,

labor-related disputes.

42-63.3-6. Benefits. -- Corporations qualifying under the provisions of this chapter shall

be annually recognized by the commission in the following manner: presented an award at a

public event or ceremony hosted by the governor; given public acclaim through the placement of

a single advertisement and/or article listing the designees in major statewide newspapers; by other

means which the commission might deem appropriate given its budgetary capacity as established

by its own fundraising efforts.

42-63.3-7. Additional rules and regulations. -- The commission shall promulgate

appropriate rules and regulations to insure the proper administration of the provisions of this

chapter.

42-63.3-8. Severability. -- Every word, phrase, clause, section, subsection and any of the

provisions of this chapter are declared to be severable from the whole, and a declaration of

unenforceability or unconsitutionality of any of the portions of this chapter, by a judicial court of

competent jurisdiction, shall not affect the portions remaining.

     SECTION 6. Chapter 46-5.1 of the General Laws entitled "Commission on the Port of

Galilee" is hereby repealed in its entirety.

CHAPTER 46-5.1

Commission on the Port of Galilee

46-5.1-1. Permanent committee--Composition. -- There is hereby created a permanent

legislative commission on the Port of Galilee.

46-5.1-2. Composition. -- The commission shall consist of fifteen (15) members: three

(3) of whom shall be from the house of representatives, not more than two (2) from the same

political party to be appointed by the speaker; three (3) of whom shall be from the senate, not

more than two (2) from the same political party, to be appointed by the president of the senate;

one of whom shall be the director of the Department of Environmental Management, or his or her

designee, one of whom shall be the director of the Department of Transportation, or his or her

designee; one of whom shall be the director of the Department of Economic Development, or his

or her designee; and six (6) of whom shall be members of the general public, of whom two (2)

shall be appointed by the speaker, two (2) by the president of the senate and two (2) by the

governor.

46-5.1-3. Purpose. -- The purpose of the commission shall be to promote the economic

revitalization and development of the Port of Galilee.

46-5.1-4. Compensation. -- The members of the commission shall receive no

compensation for their services.

46-5.1-5. Appointments -- Vacancies. -- The members of the commission shall be

appointed forthwith. In lieu of any appointment of a member of the legislature to the commission,

the appointing authority may appoint a member of the general public to serve in lieu of a

legislator, provided that the president of the senate, if applicable, or the majority leader or the

minority leader of the political party which is entitled to the appointment consents to the

appointment of the member of the general public. Vacancies in said commission shall be filled in

like manner as the original appointment.

46-5.1-6. Organization. -- The members of the commission shall meet no later than

October 15, 1996 and shall elect a chairperson from among the legislators.

46-5.1-7. Cooperation -- Quarters. -- All departments and agencies of the state shall

furnish such advice and information, documentary and otherwise, to said commission and its

agents as is deemed necessary or desirable by the commission to facilitate the purposes of this

resolution. The speaker of the house is hereby authorized and directed to provide suitable quarters

for said commission.

46-5.1-8. Reports. -- The commission shall issue a report no later than February 15, 1997

and annually thereafter.

     SECTION 7. Sections 42-8.2-4, 42-8.2-6 and 42-8.2-9 of the General Laws in Chapter

42-8.2 entitled "State Register" are hereby amended to read as follows:

42-8.2-4. State register, printing, contents, distribution. -- Documents required or

authorized to be published by section 42-8.2-5 hereof shall be printed and distributed immediately

by the office in a serial publication designated the "state register". The contents of the daily issues

shall be indexed and shall comprise all documents, required or authorized to be published, filed

with the office of the secretary of state up to the time of the day immediately preceding the day of

distribution fixed by regulation established by said office. Distribution shall be made by delivery

or by deposit at a post office box at a time in the morning of the day of distribution fixed by

regulations prescribed by the secretary of state. The prices to be charged for the state register may

be fixed by the administrative committee of the state register established pursuant to section 42-

8.2-6 of this chapter secretary of state.

42-8.2-6. Administrative committee of the state register, establishment, composition,

powers, and duties. Regulations to be promulgated. -- The administrative committee of the

state register shall consist of the secretary of state, who shall be chairperson, the director of

administration or his or her designee, the state controller or his or her designee, a member of the

house of representatives or a member of the general public to be appointed by the speaker of the

house, and a member of the senate or member of the general public to be appointed by the

president of the senate. Every person designated by the speaker of the house of representatives

and by the president of the senate shall be appointed for a term of three (3) years. The committee

shall prescribe, with the approval of the governor, The secretary of state shall prescribe

regulations for carrying out this chapter. The regulations shall provide, among other things:

      (1) The manner of certification of copies required to be certified under section 42-8.2-3;

      (2) The documents which shall be authorized under section 42-8.2-5 to be published in

the state register;

      (3) The manner and form in which the state register shall be printed, reprinted, compiled,

indexed, bound and distributed;

      (4) The number of copies of the state register which shall be printed, reprinted and

compiled, the number which shall be distributed without charge to members of the state

legislature, officers and employees of the state of Rhode Island or any state agency, for official

use, and the number which shall be available for distribution to the public;

      (5) The price to be charged for individual copies of and subscriptions to the state register

and reprints and bound volumes of it; and

      (6) The administrative committee secretary of state shall allocate expenses for each

agency, board, commission or department.

42-8.2-9. Code of state regulations. -- (a) The administrative committee of the state

register, with the approval of the governor, secretary of state may require, from time to time as it

he or she considers necessary, the preparation and publication in special or supplemental editions

of the state register of the complete codifications of the documents of each agency of state

government having general applicability and legal effect, issued or promulgated by the agency by

publication in the state register or by filing with the secretary of state, and which rules and

regulations are relied upon by the agency as authority for, or are invoked or used by it in the

discharge of, its activities or functions, and are in effect as to facts arising on or after dates

specified by the administrative committee secretary of state.

      (b) A codification published under subsection (a) shall be printed and bound in

permanent form and shall be designated as the "Code of State Regulations". The administrative

committee secretary of state shall regulate the binding of the printed codifications into separate

books with a view to practical usefulness and economical manufacture. Each book shall contain

an explanation of its coverage and other aids to users that the administrative committee may

require. A general index to the entire code of state regulations shall be separately printed and

bound.

      (c) The administrative committee secretary of state shall regulate the supplementation

and the collation and republication of the printed codifications with a view to keeping the code of

state regulations as current as practicable. Each book shall be either supplemented or collated and

republished at least once each calendar year.

      (d) The office of the state register shall prepare and publish the codifications,

supplements, collations and indexes authorized by this section.

      (e) The codified documents of the several agencies published in the supplemental

addition of the state register under this section, as amended by documents subsequently filed with

the office of secretary of state and published in the daily issues of the state register, shall be prima

facie evidence of the text of the documents and of the fact that they are in effect on and after the

date of publication.

      (f) The administrative committee secretary of state shall prescribe, with the approval of

the governor, regulations for carrying out this section and the fee to be charged to state agencies,

boards, commissions, departments, subscribers, and the general public and all independent

agencies, boards, commissions, and departments not subject to the control of the state controller.

     SECTION 8. Chapter 42-97 of the General Laws entitled "Rhode Island Artifacts,

Artworks and Exhibition Objects" is hereby repealed in its entirety.

CHAPTER 42-97

Rhode Island Artifacts, Artworks and Exhibition Objects

42-97-1. Purpose. -- (a) The general assembly finds that since its founding three hundred

fifty (350) years ago in 1636, Rhode Island has produced an uncommon number of men and

women of aesthetic and mechanical genius whose products of art, invention, and craftsmanship

have won for our state a distinctive place in American history. Believing that examples of these

accomplishments serve to raise the spirits of our populace, document Rhode Island's contributions

to our national traditions, and stimulate emulation by coming generations, it would serve the

public interest if examples of these cultural accomplishments were accessible to the people of

Rhode Island in the form of exhibition.

(b) Rhode Islanders have been extremely generous in giving art and science objects to

public and private institutions over the course of two (2) centuries. Yet much of historical and

aesthetic importance has left the state to go into out-of-state museums or private collections. Still

more important materials reside in the possession of private owners in our state. From time to

time key artifactual documents and treasures appear for sale and leave the state because the

financial resources of public and private institutions are insufficient to prevent it.

(c) Therefore the general assembly finds:

(1) That favorable state tax incentives be extended to owners of objects of significance to

Rhode Island when they lend these items for public viewing; and

(2) That a contingency fund be created for the acquisition of artifacts significant to

Rhode Island to prevent their loss to the people of the state.

42-97-2. Board of curators. -- There is established a five (5) member board of curators,

three (3) of whom shall be appointed by the governor (executive appointments), one of whom

shall be the chairperson of the house finance committee, or the chairperson's designee and one of

whom shall be chairperson of the senate finance committee, or the chairperson's designee. The

executive appointees shall be selected from the administrators of museums in Rhode Island or the

administrators of historical societies in Rhode Island. One executive appointee shall be a

professional in art, one in history, and one in science. The tax administrator shall serve as an

advisor to the board. Members of the board shall not be compensated.

42-97-3. Term of members. -- The governor shall appoint one member for three (3)

years, one member for two (2) years, and one member for one year. In 1986, terms shall

commence on the date of appointment and expire on the thirty-first day of January thereafter

corresponding with the number of year(s) of the term to which appointed. Thereafter,

appointments shall be made for three (3) years commencing on the 1st day of February in the year

of appointment and ending on the thirty-first day of January in the third year thereafter. A

member shall serve until the member's successor is appointed. A vacancy shall be filled by

appointment of the governor for the remainder of the unexpired term.

42-97-4. Board -- Duties -- Definition. -- (a) For the purposes of this section, "art"

means a piece of fine art, or decorative arts, a work of craftsmanship, or an object of historical

value which directly documented a major aesthetic tradition in Rhode Island's history or was

associated with a major historical figure, event, custom, or activity purchased on or after July 1,

1986.

(b) It is the duty of the board:

(i) To determine gaps in the composite story of Rhode Island and promulgate a list of art

to be sought;

(ii) To suggest an appropriate location for the exhibition of art;

(iii) To certify that the art meets the stated definition of art;

(iv) To certify that the purchase price of the art was the fair market value price;

(v) To enter into agreement for the exhibition to the public of art in accordance with

section 42-97-6;

(vi) To accept application for tax credit;

(vii) To certify the tax credit pursuant to section 44-30-24; and

(viii) To advise the general treasurer on disbursements from the fund created in section

42-97-8.

42-97-5. Tax credit. -- A tax credit, in accordance with section 44-30-24, shall be given

to any individual who enters into an agreement with the board for the exhibition to the public of

art.

42-97-6. Agreement. -- An agreement entered into pursuant to section 42-97-5 shall

contain, as a minimum, the following requirements:

(1) The art shall be exhibited to the public for a minimum of five (5) years from the date

of the agreement.

(2) The state, for a period of ten (10) years from the date of the agreement, shall have the

first right to purchase the art, should it be placed on sale, at the then prevailing fair market value.

(3) During the period of time(s) set forth in subdivisions (a) and (b), the art shall not be

pledged, used as security or collateral, or in any other manner be encumbered. The state shall be

deemed to be the first creditor as regards the art.

(4) Any and all agreements shall be binding on the heirs, representatives, legatees,

devisees, donees, and any successor-in-interest to the applicant.

42-97-7. Rules and regulations. -- The board, in conjunction with the tax administrator

and general treasurer, shall promulgate rules and regulations to implement this chapter.

42-97-8. Rhode Island artifacts, artworks and exhibition objects fund. -- (a) There is

created the Rhode Island artifacts, artworks, and exhibition fund, hereinafter referred to as the

fund. The financial administration of the fund shall be under the general treasurer, who shall

invest and reinvest the fund in accordance with section 35-10-2. Disbursement of funds from the

fund shall be made by the general treasurer upon receipt by the treasurer or properly authenticated

vouchers from the board of curators.

(b) The fund shall consist of all revenues received pursuant to state appropriation and

gifts, grants, and donations from public and private sources. All revenues credited to the fund

shall not be subject to expenditure except for the purposes hereinafter stated.

(c) The fund shall be used to purchase art in accordance with this chapter.

(d) The fund shall not incur a deficit.

     SECTION 9. Sections 31-10-34, 31-10-34.1, 31-10-34.2, 31-10-34.3 and 31-10-34.4 of

the General Laws in Chapter 31-10 entitled "Operators' and Chauffeurs' Licenses" are hereby

repealed.

31-10-34. Drivers' training school licensing board. -- There shall be established a

board of licensing examiners of drivers' training schools consisting of five (5) members: one of

whom shall be from the house of representatives to be appointed by the speaker; one of whom

shall be from the senate to be appointed by the president of the senate; two (2) of whom shall be

operators of licensed driving schools appointed by the governor; and one of whom shall be the

administrator of the division of motor vehicles or his or her designee; all of whom shall serve

without compensation for a two (2) year term beginning September 1, 1976, and who shall

continue to serve until their successors are appointed and qualified. Vacancies shall be filled in

the same manner as original board positions.

31-10-34.1. Powers and duties of board. -- The board of licensing examiners of drivers'

training schools established by section 31-10-34 shall exercise all of the provisions of the general

laws previously carried out by the administrator of the division of motor vehicles pursuant to this

chapter and/or any rules or regulations under the general laws with relation to the regulation of

drivers' training schools and instructors.

31-10-34.2. Minimum requirements for schools. -- Each new applicant for a drivers'

training school license shall have worked a minimum of two hundred fifty (250) hours as a

licensed instructor prior to applying to the board for a license to operate a drivers' training school.

However, anyone who has taught or is presently teaching driver education classes shall have the

time spent teaching those classes credited toward this two hundred fifty (250) hour requirement.

31-10-34.3. Appointment of executive secretary. -- The board of licensing examiners of

drivers' training schools shall appoint an executive secretary who shall be in the classified service.

31-10-34.4. Facilities for board. -- The director of administration shall provide suitable

office space for the board and its personnel to suit the public convenience and to facilitate the

work of the board.

     SECTION 10. Chapter 31-10 of the General Laws entitled "Operators' and Chauffeurs'

Licenses" is hereby amended by adding thereto the following section:

31-10-34.5. Transfer of functions to administrator of division of motor vehicles. –

Upon the effective date of this act, all functions, services performed, responsibilities and duties

formerly of the drivers' training school licensing board are hereby transferred to the administrator

of the division of motor vehicles.

     SECTION 11. Section 11-47-35 of the General Laws in Chapter 11-47 entitled

"Weapons" is hereby amended to read as follows:

11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board --

Issuance of permits to certain government officers. -- (a) (1) No person shall deliver a pistol

or revolver to a purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00)

noon of the day following the day of application for the purchase, and when delivered, the pistol

or revolver shall be unloaded and securely wrapped, with the bill of sale to be enclosed within the

wrapper with the pistol or revolver. Any citizen of the United States and/or lawful resident of this

state who is twenty-one (21) years of age or older, and any nonresident member of the armed

forces of the United States who is stationed in this state and who is twenty-one (21) years of age

or older, may upon application purchase or acquire a pistol or revolver. At the time of applying

for the purchase of a concealable firearm, the purchaser shall: (i) complete and sign in triplicate

and deliver to the person selling the pistol or revolver the application form described in this

section, and in no case shall it contain the serial number of the pistol or revolver; and (ii) shall

present to the person selling the pistol or revolver a pistol/revolver safety certificate issued by the

department of environmental management. The certificate shall be retained in the possession of

the buyer. The pistol/revolver safety certificate shall certify that the purchaser has completed a

basic pistol/revolver safety course as shall be administered by the department of environmental

management.

     (Face of application form)

     Application to Purchase Pistol or Revolver

     Date ...................................................................

     Hour ................................................................... A.M. P.M.

     Name .........................................................................

     Address ......................................................................

     (Street and number) (City or town) (State)

     Date of Birth ................................................

     Place of Birth ..............................................................................

     Height ...............................................................

     Weight ..................................................................

     Color hair ..............................................................................

     Color eyes ...................................................................

     Scars ........................................................................

     Tattoos ......................................................................

     Other identifying marks ......................................................

     Are you a citizen of the United States .......................................

     Are you a citizen of Rhode Island ............................................

     How long .....................................................................

     Where stationed ..............................................................

     (Armed Forces only) ..........................................................

     Have you ever been convicted of a crime of violence ..........................

     (See section 11-47-2)

      Have you ever been adjudicated or under confinement as addicted to a controlled

substance .........................................................

     Have you ever been adjudicated or under confinement for alcoholism ...........

     Have you ever been confined or treated for mental illness ....................

     From whom is pistol or revolver being purchased ..............................

     Seller's address .............................................................

     Seller's signature ...........................................................

     Applicant's signature ........................................................

     (See section 11-47-23 for penalty for false information on this application)

     (Reverse side of application form)

     AFFIDAVIT:

     I certify that I have read and am familiar with the provisions of sections 11-47-1 - 11-47-

55, inclusive, of the general laws of the State of Rhode Island and Providence Plantations, and

that I am aware of the penalties for violation of the provisions of the cited sections. I further

certify that I have completed the required basic pistol/revolver safety course.

     Signed .......................................................................

     (over)

     County of .................................................................... State of Rhode Island

     Subscribed and sworn before me this.... day of.... A.D. 20..

     Notary Public ...................................................................

      (2) The person selling the pistol or revolver shall on the date of application sign and

forward by registered mail or by delivery in person the original and duplicate copies of the

application to the superintendent of the Rhode Island state police or the chief of police in the city

or town in which the person has his or her residence or place of business. The superintendent of

the Rhode Island state police or the chief of police in the city or town in which the person has his

or her residence or place of business shall mark or stamp the original copy of the application form

with the date and the time of receipt and return it by the most expeditious means to the person

who is selling the pistol or revolver. The triplicate copy duly signed by the person who is selling

the pistol or revolver shall within seven (7) days be sent by him or her by registered mail to the

attorney general. The person who is selling the pistol or revolver shall retain the original copy

duly receipted by the police authority to whom sent or delivered for a period of six (6) years with

other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of

the application form is sent or delivered to make a background check of the applicant to ascertain

whether he or she falls under the provisions of section 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If,

after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following

application, no disqualifying information has been received from the investigating police

authority by the person who is selling the pistol or revolver, he or she will deliver the firearm

applied for to the applicant. Upon the finding of no disqualifying information under the

provisions of the above cited sections of this chapter, and in no case later than thirty (30) days

after the date of application, the duplicate and triplicate copies of the application will be

destroyed. Retention of the duplicate and triplicate copies in violation of this section or any

unauthorized use of the information contained in the copies by a person or agency shall be

punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this

section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to

purchases by retail dealers duly licensed under the provisions of section 11-47-39.

     (b) (1) The department of environmental management shall establish the basic

pistol/revolver safety course required by this section. The safety course shall consist of not less

than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the

course shall be available to buyers continually throughout the year at convenient times and places

but at least monthly at locations throughout the state, or more frequently as required. Proficiency

in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate.

No person shall be required to complete the course more than once; provided, that any person

completing the course who is unable to produce the safety certificate issued by the department of

environmental management shall be required to take the course again unless the person provides

evidence to the department that he or she has successfully completed the course.

     (2) The administration of the basic pistol/revolver safety course required by this section

shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

     (c) Proof of passage of the department of environmental management's basic hunter

safety course will be equivalent to the pistol/revolver safety certificate mandated by this section.

      (d) Any person who has reason to believe that he or she does not need the required

handgun safety course may apply by any written means to the department of environmental

management to take an objective test on the subject of matter of the handgun safety course. The

test shall be prepared, as well as an instruction manual upon which the test shall be based, by the

department. The manual shall be made available by any means to the applicant who may, within

the time limits for application, take the objective test at the department or at any location where

the handgun safety course is being given. Any person receiving a passing grade on the test shall

be issued a pistol/revolver safety certificate by the department.

(e) (1) There is established within the department of environmental management a review

board which shall consist of five (5) members as follows: one member from the Rhode Island

house of representatives to be appointed by the speaker, one member from the Rhode Island

senate to be appointed by the president of the senate, two (2) members who are residents of the

state representing the public, to be appointed by the governor, one of whom shall be from the

Rhode Island Rifle and Revolver Association, and the director of the department of

environmental management or his or her designee. The legislative members of the review board

shall serve so long as they shall remain members of the house from which they were appointed

and until their successors are duly appointed and qualified. The board members representing the

public shall serve at the pleasure of the governor. Vacancies shall be filled in like manner as the

original appointments.

(2) It shall be the duty of the review board to monitor and evaluate the development of

the basic pistol/revolver safety course required by this section, to ensure compliance with the

provisions of subsection (b) of this section, and to periodically make or recommend any changes

in the safety course that the review board deems advisable, not inconsistent with the provisions of

this section. It shall further be the duty of the review board to decide all appeals from any

decisions of the department of environmental management rendered pursuant to its

responsibilities as set forth in subsection (b) of this section.

(3) There shall be no civil liability incurred and no cause of action of any nature shall

arise against any member of the review board or its agents, servants, or employees as a result of

any decisions made by the board or for any action taken by the board or its members, agents,

servants, or employees.

     (f) The following persons shall be issued basic pistol/revolver permits by the department

of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the

state police, prison or jail wardens or their deputies, members of the city or town police force,

members of the park police, conservation officers, and officers of the United States government

authorized by law to carry a concealed firearm and, at the discretion of the department of

environmental management, any person who can satisfactorily establish that he or she formerly

held one of these offices or were so authorized.

     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast

Guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate or

basic pistol/revolver permit under this section so long as he or she remains on active duty.

     (h) Any person who is serving in the active reserve components of the Army, Navy, Air

Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode

Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate

under this section so long as he or she remains in active status.

     SECTION 12. Severability. If any provision of this act or the application thereof to any

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

applications of the act, which can be given effect without the invalid provision or application, and

to this end the provisions of this act are declared to be severable.

     SECTION 13. This act shall take effect upon passage.

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LC02824

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