It is enacted by the General Assembly as follows

SECTION 1. There is hereby appropriated, out of any money in the treasury not otherwise appropriated, to be expended during the fiscal year ending June 30, 1997 for the purposes hereinafter mentioned, such sums to be the sole change to any sum heretofore appropriated for the same fiscal year, notwithstanding the provisions of section 22.2 of chapter 4 and section 15 of chapter 3 of title 35 of the Rhode Island general laws and section 6 of chapter 41 of title 42 of the Rhode Island general laws. The state controller is hereby authorized to draw his or her orders upon the general treasurer for the payment of such sum, or so much thereof as may be required from time to time, upon receipt of properly authenticated vouchers.

SECTION 2. Notwithstanding the provisions of section 31-36-20 of the general laws, the state controller is hereby authorized to transfer from the general fund portions of the gas tax receipts the sum of three hundred thousand dollars ($300,000) to the Rhode Island Public Transit Authority on or before June 15, 1997.

SECTION 3. Section 4 of Article 3 of Chapter 100 of the Public Laws of 1996 entitled "An Act Making Appropriations For Support of the State for the Fiscal Year Ending June 30, 1997" is hereby amended to read as follows:

Section 4. Notwithstanding the provisions of any general or special law to the contrary, general revenues received in excess of {ADD $1,755,685,552 ADD} {DEL the estimated general revenues as set forth in Article 1 of the Annual Appropriation Act for fiscal year 1996-1997, net of the amounts transferred to the State Budget Reserve and Cash Stabilization Account DEL} shall be transferred to the Rhode Island Depositors Economic Protection Corporation special revenue fund. {ADD The amount shall include all general revenues received, plus all unexpended or unencumbered balances of general revenue appropriations reappropriated under the provisions of Section 15 of Chapter 3 of Title 35 of the Rhode Island General Laws, plus the general revenue balance available for appropriations at the beginning of fiscal year 1997, net of the amounts transferred to the State Budget Reserve and Cash Stabilization Account. ADD}

SECTION 4. Section 13 of Article 1 of Chapter 100 of the Public Laws of 1996 is hereby amended to read as follows:

Section 13. Notwithstanding section 31-36-20 of the general laws, the State Controller is hereby authorized to transfer from the Department of Elderly Affairs portions of gas tax receipts the sum of one hundred thousand dollars ($100,000) to the state general fund on {DEL both December 15, 1996 and DEL} June 15, 1997.

SECTION 5. Section 14 of Article 1 of Chapter 100 of the Public Laws of 1996 relating to the Department of Transportation portion of gas tax receipts is hereby repealed in its entirety.

SECTION 6. Notwithstanding section 31-36-20 of the Rhode Island

SECTION 7. Section 15 of Article 1 of Chapter 100 of the Public Laws of 1996 is hereby amended to read as follows:

Section 15. Departments and agencies listed below may not exceed the number of full time equivalent (FTE) positions shown below in any pay period. Full time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period.

Provided, however, that the Director of Administration may, upon the recommendation of the State Budget Officer, authorize an adjustment to any limitation. Within ten (10) business days of receipt of an adjusted request by the Budget Office, the Director of Administration shall act on the recommendation of the Budget Office for such adjustment or else the request shall be considered granted. A copy of the recommendation and authorization to adjust shall be transmitted to the Chairman of the Senate Finance Committee, the Chairman of the House Finance Committee, the Senate Fiscal Advisor and the House Fiscal Advisor.

Provided further that the total full time equivalent positions during the last full pay period in June 1997 shall not exceed {DEL 15,375.4. DEL} {ADD 15,475.4. ADD}

SECTION 8. Section 3 of Article 1 of Chapter 100 of the Public Laws of 1996 entitled "An Act Making Appropriations for the Support of the State for the Fiscal Year ending June 30, 1997" is hereby amended to read as follows:

Section 3. From the appropriation for contingency shall be paid such sums as may be required {ADD at the discretion of the Governor and the Director of Administration to fund expenditures for which appropriations may not exist. Such contingency funds may also be used for expenditures in ADD} {DEL for DEL} the several departments and agencies where appropriations are insufficient, or where such requirements are due to unforeseen conditions or are non-recurring items of an unusual nature. Said appropriations may also be used for the payment of bills incurred due to emergencies or to any offense against public peace and property, in accordance with the provisions of Titles 11 and 45 of the general laws of 1956, as amended. All expenditures and transfers from this account shall be approved by the Director of Administration and the Governor.

SECTION 9. Judicial end of year balances: Reappropriation. -- Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget", all unexpended, encumbered, and unencumbered balances of said revenue appropriations within the judicial budget, whether regular or special appropriations, at the end of fiscal year 1996-1997 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former appropriations.

SECTION 10. Coopers and Lybrand Accountability Program -- Notwithstanding the provisions of section 35-3-15 of the General Laws in Chapter 35-3 entitled "State Budget", all unexpended and unencumbered balances of said revenue appropriations at the end of fiscal year 1996-1997, relating to the Coopers and Lybrand Accountability Program within the Department of Elementary and Secondary Education Budget shall be reappropriated to fiscal year 1998 and made immediately available for the same and no other purpose.

SECTION 11. Sections 35-3-15 and 35-3-20 of the General Laws in Chapter 35-3 entitled "State Budget" are hereby amended to read as follows:

35-3-15. Unexpended and unencumbered balances of revenue appropriations. -- (a) All unexpended or unencumbered balances of said revenue appropriations, whether regular or special appropriations, at the end of any fiscal year, shall revert to the surplus account in the general fund, and may be reappropriated by the governor {DEL in DEL} {ADD to ADD} the ensuing fiscal year and made immediately available for the same purposes as the former appropriations; provided, however, that the disposition of unexpended or unencumbered appropriations for the general assembly and legislative agencies shall be determined by the joint committee on legislative services, and written notification given thereof to the state controller within twenty (20) days after the end of the fiscal year.

{DEL (b) On June 1 of each year the governor shall report to the chairperson of the house finance committee and the chairperson of the senate finance committee any sums by appropriation account expected to be unexpended or unencumbered on June 30 of that respective year. DEL}

{ADD (b) The governor shall submit a report of such reappropriations to the chairperson of the house finance committee and the chairperson of the senate finance committee of each reappropriation stating the general revenue appropriation, the unexpended or unencumbered balance, the amount reappropriated, and a explanation of the reappropriation and the reason for the reappropriation by August 15 of each year. ADD}

35-3-20. State budget reserve and cash stabilization account. -- (a) There is hereby created within the general fund a state budget reserve and cash stabilization account which shall be administered by the state controller and which shall be used solely for the purpose of providing sums as may be required to fund any unanticipated general revenue deficit caused by a general revenue shortfall as identified by the state controller at the close of any fiscal year as provided in subsection (d) of this section.

(b) In carrying out the provisions of section 35-3-20.1, the state controller shall initially, at fiscal year opening, transfer the amount identified as that fiscal year's projected estimate; the transfer shall be adjusted at the end of the fiscal year in order to conform to the requirements of section 35-3-20.1

(c) Whenever the aggregate of the monies and securities held for the credit of the state budget reserve and cash stabilization account exceeds three percent (3%) of total fiscal year resources consisting of the aggregate of (1) actual revenues from taxes and other departmental general revenue sources and (2) the general revenue balance available for appropriations at the beginning of the fiscal year, the excess shall be transferred to the state's bond capital fund to be used solely for the purposes of reduction of state indebtedness, payment of debt service, and/or funding of capitol projects.

(d)(1) At any time prior to June 1 of a fiscal year, upon notification by the budget officer that it is indicated that total resources {ADD which are defined to be the aggregate of estimated general revenue, general revenue receivables, other financing sources and available free surplus in the general fund ADD} {DEL including actual general revenue receipts DEL} will {DEL not equal DEL} {ADD be less than ADD} the original estimates upon which {ADD current ADD} appropriations were based, the governor {DEL shall DEL} {ADD may ADD} submit to the general assembly a resolution for proposed appropriations from the state budget reserve and cash stabilization account. {ADD The budget officer's notification shall be based upon the revenues projected at latest state revenue estimating conference pursuant to chapter 16 of title 35 as reported by the chairman of that a conference. ADD} The resolution shall be referred in the manner prescribed in section 35-3-9.

(2) After final action by the general assembly defining the amount to be withdrawn from the state budget reserve and cash stabilization account, the state controller shall transfer to the state's general fund balance available the amount specified in the enacted resolution from the state budget reserve and cash stabilization account.

(e) Whenever a transfer has been made pursuant to subsection (d) of this section, the amount of the transfer shall be returned to the budget reserve and cash stabilization account from funds payable into the general revenue fund pursuant to section 35-3-20.1 in the second fiscal year following the fiscal year in which the transfer was made, and, if necessary, in subsequent fiscal years.

SECTION 12. Mental Health and Retardation: Notwithstanding the provisions of Section 35-3-15 of Chapter 35 of the Rhode Island General Laws, all unexpended and unencumbered balances as of June 30, 1997 relating to the Pirovano Trust in the Department of Mental Health and Retardation are hereby reappropriated to fiscal year 1998.

SECTION 13. This act shall take effect upon passage.