CHAPTER 326


97-H 6385A
Effective Without the Governor's Signature
Jul. 8, 1997


AN ACT RELATING TO STATUTES AND STATUTORY CONSTRUCTION

It is enacted by the General Assembly as follows:

SECTION 1. The text of statutes herein appended is hereby enacted together with the amendments and corrections hereafter made, as titles 8 through 10, inclusive, of the general laws of 1956 (reenactment of 1985), titles 23-26 through 24, inclusive, of the general laws of 1956 (reenactment of 1990), titles 35 through 41, inclusive, of the general laws of 1956 (reenactment of 1990) -- reenactment of 1997.

The phrase "text" as used herein does not include (1) printers reference lines appearing at the top or bottom of any galley proof; or (2) title or chapter headings (except the numbers of said titles and chapters); or (3) tables of contents appearing at the beginning of the titles and chapters; or (4) boldface captions appearing at the beginning of sections (except the numbers of said sections), except insofar as said title or chapter headings or boldface captions necessary for clarification of any statutory text.

SECTION 2. All laws passed at this January Session of the General Assembly in the year 1997 shall be and remain in full force and effect notwithstanding the enactment of titles 8 through 10, inclusive, titles 23-26 through 24, inclusive, titles 35 through 41, inclusive, of the general laws, by this act; and all laws passed at this January Session of 1997, affecting titles 8 through 10, inclusive, titles 23-26 through 24, inclusive, titles 35 through 41 inclusive, of the general laws, shall be construed and deemed to be in amendment of or in addition to titles 8 through 10, inclusive, titles 23-26 through 24, inclusive, titles 35 through 41, inclusive, of the general laws as enacted by this act.

SECTION 3. Section 3-5-23 of the General Laws in Chapter 3-5 entitled "Licenses Generally" is hereby amended to read as follows:

3-5-23 Revocation of license for criminal offenses or disorderly conditions -- Action on bond. If any licensed person shall be convicted of violation of any of the provisions of this title, or of chapter 6, chapter 10, chapter 34, chapter 40 or chapter 45 of title 11, or of sections 11-2-1, 11-9-13, 11-9-15, 11-11-5, 11-11-6, 11-18-2 --11-18-4, inclusive, sections 11-20-1, 11-20-2, 11-23-4, {DEL 11-27-20, DEL} 11-30-1 --11-30-11, inclusive, section 11-31-1 or sections 11-37-2 --11-37-4, inclusive, or shall plead guilty or nolo contendere to any complaint or indictment thereunder, or if his or her license shall be revoked, his or her bond shall be put in suit by the town or city treasurer of the town where the bond is given, and by due process of law the penal sum thereof shall be recovered for the use of the town or city. If any licensed person shall permit the house or place where he or she is licensed to sell beverages under the provisions of this title to become disorderly so as to annoy and disturb the persons inhabiting or residing in the neighborhood thereof, or shall permit any gambling or unlawful gaming to be carried on therein, or shall permit any of the laws of this state to be violated therein, in addition to any punishment, penalty or penalties which may be prescribed by statute for that offense, he or she may be summoned before the board, body or official which issued his or her license including before the Department, when he or she and the witnesses for and against him or her may be heard; and if it shall be made to appear to the satisfaction of the board, body or official hearing such charges that he or she has violated any of the provisions of this title or has permitted to be done any of the things hereinbefore in this section mentioned, then the board, body or official may suspend or revoke his or her license or enter other order thereon. In case the license is revoked, the licensed person after the revocation shall cease to have any authority under the license and shall be disqualified from holding any of the licenses provided for in this title for a period of five (5) years next following the revocation. The revocation of a license, as aforesaid, shall not interfere with or prejudice the right of recovery upon his or her bond for the full amount thereof.

SECTION 4. Section 3-6-13 of the General Laws in Chapter 3-6 entitled "Manufacturing and Wholesale Licenses" is hereby amended to read as follows:

3-6-13 License bonds to state. As conditions precedent to the issuance by the department of any manufacturer's license, rectifier's license, wholesaler's license Class A, wholesaler's license Class B, and wholesaler's license Class C under the provisions of this chapter, the person applying therefor shall give bond to the general treasurer of the state in a penal sum in such amount as the department of business regulation shall request with at least two (2) resident sureties satisfactory to the department of business regulation, or a surety company authorized to do business in this state as surety, which bond shall be on condition that the licensee will not violate or suffer to be violated on any licensed premises under his or her control any of the provisions of this chapter or of chapter 5 of this title or of chapter 10, chapter 34, chapter 40 or chapter 45 of title 11 or of sections 11-2-1, 11-9-13, 11-9-15, 11-11-5, 11-11-6, 11-18-2 --11-18-4, inclusive, section 11-20-1, section 11-20-2, section 11-23-4, {DEL section 11-27-20, DEL} section 11-31-1 or sections 11-37-2 --11-37-4, inclusive, as amended, and on condition that the licensee will pay all costs and damages incurred by any violation of any of those chapters or sections, and shall also pay to the Division of Taxation the license fee required by this chapter.

SECTION 5. Section 5-37.3-4 of the General Laws in Chapter 5-37.3 entitled "Healthcare Information act" is hereby amended to read as follows:

5-37.3-4 Limitations on and permitted disclosures. (a) Except as provided in subsection (b) or as otherwise specifically provided by the law, a patient's confidential health care information shall not be released or transferred without the written consent of such patient or his or her authorized representative, on a consent form meeting the requirements of subsection (d), a copy of any notice used pursuant to subsection (d), and of any signed consent shall upon request, be provided to the patient prior to his or her signing a consent form.

Provided however, that any and all managed care entities and managed care contractors writing policies in the state are hereby prohibited from providing any information related to enrollees which is personal in nature and could reasonably lead to identification of an individual and is not essential for the compilation of statistical data related to enrollees, to any international, national, regional or local medical information data base. Provided further however, that this provision would not restrict or otherwise prohibit the transfer of information to the department of health to carry out its statutory duties and responsibilities.

(1) Any person who violates the provisions of this section may be liable for actual and punitive damages.

(2) The court may award a reasonable attorney's fee at its discretion to the prevailing party in any civil action under this section.

(3) Any person who knowingly and intentionally violates the provisions of this section shall upon conviction, be fined not more than five thousand ($ 5,000) dollars for each violation or imprisoned not more than six (6) months for each violation, or both.

(4) Any contract or agreement which purports to waive the provisions of this section is hereby declared null and void as against public policy.

(b) No consent for release or transfer of confidential health care information is required in the following situations:

(1) To a physician, dentist, or other medical personnel who believes in good faith that the information is necessary for diagnosis or treatment of that individual in a medical or dental emergency; or

(2) To medical and dental peer review board, or the board of medical licensure and discipline; or board of examiners in dentistry; or

(3) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, program evaluations, actuarial, insurance underwriting, or similar studies, provided that personnel shall not identify, directly or indirectly, any individual patient in any report of that research, audit, or evaluation, or otherwise disclose patient identities in any manner; or

(4) By a health care provider to appropriate law enforcement personnel, or to a person if the health care provider believes that person or his or her family to be in danger from a patient, or to appropriate law enforcement personnel if the patient has or is attempting to obtain narcotic drugs from the health care provider illegally, or to appropriate law enforcement personnel or appropriate child protective agencies if the patient is a minor child who the health care provider believes, after providing health care services to such patient, to have been physically or psychologically abused or to law enforcement personnel in the case of a gunshot wound reportable under section 11-47-48; or

(5) Between or among qualified personnel and health care providers within the health care system for purposes of coordination of health care services given to the patient and for purposes of education and training within the same health care facility; or

(6) To third party health insurers for the purpose of adjudicating health insurance claims including to utilization review agents as provided by section 23-17.12-9{DEL (k) DEL}{ADD (11) ADD} ; or

(7) To a malpractice insurance carrier or lawyer if the health care provider has reason to anticipate a medical liability action; or

(8) To a court or lawyer or medical liability insurance carrier if a patient brings a medical liability action against a health care provider; or

(9) To public health authorities in order to carry out their functions as described in this title and titles 21 and 23, and rules promulgated thereunder. These functions include, but are not restricted to, investigations into the causes of disease, the control of public health hazards, enforcement of sanitary laws, investigation of reportable diseases, certification and licensure of health professionals and facilities, review of health care such as that as required by the federal government and other governmental agencies; or

(10) To the state medical examiner in the event of a fatality that comes under his or her jurisdiction; or

(11) In relation to information that is directly related to current claim for workers' compensation benefits or to any proceeding before the workers' compensation commission or before any court proceeding relating to workers' compensation; or

(12) To the attorneys for a health care provider whenever that provider considers that release of information to be necessary in order to receive adequate legal representation; or

(13) By a health care provider to appropriate school authorities of disease, health screening and/or immunization information required by the school; or when a school age child transfers from one school or school district to another school or school district; or

(14) To a law enforcement authority to protect the legal interest of an insurance institution agent or insurance-support organization in preventing and prosecuting the perpetration of fraud upon them; or

(15) To a grand jury or to a court of competent jurisdiction pursuant to a subpoena or subpoena duces tecum when that information is required for the investigation or prosecution of criminal wrongdoing by a health care provider relating to his or her or its provisions of health care services and that information is unavailable from any other source; provided however, that any information so obtained shall not be admissible in any criminal proceeding against the patient to whom that information pertains; or

(16) To the state board of elections pursuant to a subpoena or subpoena duces tecum when that information is required to determine the eligibility of a person to vote by mail ballot and/or the legitimacy of a certification by a physician attesting to a voter's illness or disability; or

(17) To certify, pursuant to chapter 20 of title 17, the nature and permanency of a person's illness or disability, the date when that person was last examined and that it would be an undue hardship for the person to vote at the polls so that the person may obtain a mail ballot; or

(18) To the central cancer registry; or

(19) To the medicaid fraud control unit of the attorney general's office for the investigation or prosecution of criminal or civil wrongdoing by a health care provider relating to his or her or its provision of health care services to then medicaid eligible recipients or patients, residents or former patients or residents of long term residential care facilities. Provided, however, that any information so obtained shall not be admissible in any criminal proceeding against the patient to whom said information pertains;

(20) To the state department of children, youth, and families pertaining to the disclosure of health care records of children in the custody of the department.

(21) To the foster parent or parents pertaining to the disclosure of health care records of children in the custody of the foster parent or parents, provided that the foster parent or parents receive appropriate training and have ongoing availability of supervisory assistance in the use of sensitive information that may be the source of distress to such children.

(22) A hospital may release the fact of a patient's admission and a general description of a patient's condition to persons representing themselves as relatives or friends of the patient or as a representative of the news media. The access to confidential health care information to persons in accredited educational programs under appropriate provider supervision shall not be deemed subject to release or transfer of that information under subsection (a). The release or transfer of confidential health care information under any of the above exceptions shall not be the basis for any legal liability, civil or criminal, nor considered a violation of this chapter.

(c) Third parties receiving and retaining a patient's confidential health care information must establish at least the following security procedures:

(1) Limit authorized access to personally identifiable confidential health care information to persons having a "need to know" that information; additional employees or agents may have access to that information which does not contain information from which an individual can be identified;

(2) Identify an individual or individuals who have responsibility for maintaining security procedures for confidential health care information;

(3) Provide a written statement to each employee or agent as to the necessity of maintaining the security and confidentiality of confidential health care information, and of the penalties provided for in this chapter for the unauthorized release, use, or disclosure of such information. The receipt of that statement shall be acknowledged by the employee or agent, who shall sign and return the statement to his or her employer or principal, who shall retain the signed original. The employee or agent shall be furnished with a copy of the signed statement;

(4) Take no disciplinary or punitive action against any employee or agent solely for bringing evidence of violation of this chapter to the attention of any person.

(d) Consent forms for the release or transfer of confidential health care information shall contain, or in the course of an application or claim for insurance be accompanied by a notice containing, the following information in a clear and conspicuous manner:

(1) A statement of the need for and proposed uses of that information;

(2) A statement that all information is to be released or clearly indicating the extent of the information to be released; and

(3) A statement that the consent for release or transfer of information may be withdrawn at any future time and is subject to revocation, except where an authorization is executed in connection with an application for a life or health insurance policy in which case the authorization shall expire two (2) years from the issue date of the insurance policy and when signed in connection with a claim for benefits under any insurance policy the authorization shall be valid during the pendency of that claim. Any revocation shall be transmitted in writing.

(e) Except as otherwise specifically provided by law an individual's confidential health care information shall not be given, sold, transferred, or in any way relayed to any other person not specified in the consent form or notice meeting the requirements of subsection (d) without first obtaining the individual's additional written consent on a form stating the need for the proposed new use of such information or the need for its transfer to another person.

(f) Nothing contained in this chapter shall be construed to limit the permitted disclosure of confidential health care information and communications set forth in subsection (b) of this section.

SECTION 6. Section 8-2-29 of the General Laws in Chapter 8-2 entitled "Superior Court" is hereby amended to read as follows:

8-2-29 Grounds for change of venue. Whenever it shall be made to appear to the satisfaction of the superior court, as {DEL hereinafter DEL}provided{ADD in section 8-2-30 ADD}, by either party to any civil action, suit, or proceeding now or hereafter pending therein, that by reason of local prejudice or other cause the parties to such action or proceeding, or either of them, cannot have a full, fair and impartial trial in the court for the county where the same shall have been commenced or shall be pending, the court shall order such cause to be removed for trial to such other county as shall be deemed most fair and equitable for the parties.

SECTION 7. Section 8-8.1-3 of the General Laws in Chapter 8-8.1 entitled "Domestic Assault" is hereby amended to read as follows:

8-8.1-3 Protective orders --Penalty --Jurisdiction. A person suffering from domestic abuse may file a complaint in the district court requesting any order which will protect her or him from such abuse, including but not limited to the following:

(a) ordering that the defendant be restrained and enjoined from contacting, assaulting, molesting or otherwise interfering with the plaintiff at home, on the street or elsewhere, whether the defendant is an adult or minor;

(b) ordering the defendant to vacate the household forthwith, unless the defendant holds sole legal interest in said household;

(c) upon motion by the plaintiff, his or her address shall be released only at the discretion of the district court judge.

Any violation of the aforementioned protective order shall subject the defendant to being found in contempt of court.

No order shall issue {DEL hereunder DEL}{ADD under this section ADD} which would have the effect of compelling a defendant who has the sole legal interest in a residence to vacate said residence.

The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to exceed three (3) years, at the expiration of which time the court may extend any order, upon motion of the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse. The court may modify its order at any time upon motion of either party.

Any violation of a protective order under this chapter of which the defendant has actual notice shall be a misdemeanor which shall be punished by a fine of no more than one thousand dollars ($ 1,000) or by imprisonment for not more than one year, or both.

The penalties for violation of this section shall also include the penalties provided under section 12-29-5.

Actual notice means that the defendant has received a copy of the order by service thereof or by being handed a copy of the same by a police officer pursuant to section 8-8.1-5(D).

The district court shall have criminal jurisdiction over all violations of this chapter.

SECTION 8. Section 8-10-5 of the General Laws in Chapter 8-10 entitled "Family Court" is hereby amended to read as follows:

8-10-5 Attempts at reconciliation by family court. In all the {DEL above DEL} causes {ADD in section 8-10-4 ADD}, the family court shall seek to reconcile the parties and to re-establish friendly family relations, and to this end may suggest and hold conferences in chambers with the parties interested, and with their counsel, if they are represented by counsel, and may have the children of the parties brought before it for examination.

SECTION 9. Section 8-12-2 of the General Laws in Chapter 8-12 entitled "Conditional Escheat of Unclaimed Funds in Court Registries" is hereby amended to read as follows:

8-12-2. Deposit of unclaimed funds with court improvement project fund. If, upon examination of the sworn statement required to be filed by the several clerks under the provisions of section 8-12-1, it shall appear that there are deposits in the registry of the supreme court, the superior court, the family court or the district court unclaimed by any person prima facie entitled thereto, or his or its representative, for a period of five (5) years next preceding the last business day of the month of June of the then current year, all deposits in the registry of said applicable court unclaimed by any person, firm or corporation, or his or its representatives for a period of five (5) years next preceding the last business day of the month of June of the then current year shall, together with any interest thereon, be paid to the court improvement project fund to be held and used by the administrator of the state courts as approved by the chief justice of the supreme court subject to being repaid to the person who may thereafter establish a lawful right thereto as provided in section 8-12-3. If the court in which said registry fund has been maintained shall determine in any given case that all issues in the case have been disposed of except as to the disposition of the fund, and that no claim to said fund, any portion thereof, or the income thereof, is being actively prosecuted or has been presented to the said court by any person, persons, firm or corporation within the period of five (5) years next preceding the last business day of the month of June of the year, then the said applicable court shall pay the full amount of said fund on deposit, together with all interest and accumulations thereon to the court improvement project fund to be held and used by him according to law, subject however, to repayment to the person, persons, firm or corporation who may thereafter establish entitlement thereto as {DEL hereinafter set forth DEL}{ADD provided in section 8-12-3 ADD}.

SECTION 10. Section 8-12-2 of the General Laws in Chapter 8-12 entitled "Conditional Escheat of Unclaimed Funds in Court Registries" is hereby amended to read as follows:

8-12-2 Deposit of unclaimed funds with court improvement project fund. If, upon examination of the sworn statement required to be filed by the several clerks under the provisions of section 8-12-1, it shall appear that there are deposits in the registry of the supreme court, the superior court, the family court or the district court unclaimed by any person prima facie entitled thereto, or his or its representative, for a period of five (5) years next preceding the last business day of the month of June of the then current year, all deposits in the registry of said applicable court unclaimed by any person, firm or corporation, or his or its representatives for a period of five (5) years next preceding the last business day of the month of June of the then current year shall, together with any interest thereon, be paid to the court improvement project fund to be held and used by the administrator of the state courts as approved by the chief justice of the supreme court subject to being repaid to the person who may thereafter establish a lawful right thereto as provided in section 8-12-3. If the court in which said registry fund has been maintained shall determine in any given case that all issues in the case have been disposed of except as to the disposition of the fund, and that no claim to said fund, any portion thereof, or the income thereof, is being actively prosecuted or has been presented to the said court by any person, persons, firm or corporation within the period of five (5) years next preceding the last business day of the month of June of the year, then the said applicable court shall pay the full amount of said fund on deposit, together with all interest and accumulations thereon to the court improvement project fund to be held and used by him according to law, subject however, to repayment to the person, persons, firm or corporation who may thereafter establish entitlement thereto as {DEL hereinafter set forth DEL}{ADD provided in section 8-12-3 ADD}.

SECTION 11. Section 8-13-2 of the General Laws in Chapter 8-13 entitled "Judicial Council" is hereby amended to read as follows:

8-13-2 Appointment of members --Vacancies. In the month of January in each year, the governor shall appoint two (2) persons, qualified as {DEL aforesaid DEL}{ADD provided in section 8-13-1 ADD}, to succeed the members of said council whose offices shall next expire, to hold office for three (3) years and until their respective successors shall be appointed and qualified. Any vacancy that shall occur in the membership of said council shall be filled by another appointment by the governor for the remainder of the term.

SECTION 12. Section 9-1-1 of the General Laws in Chapter 9-1 entitled "Causes of Action" is hereby amended to read as follows:

9-1-1 Action on promissory note. Whenever any persons or bodies corporate, by themselves or by any person by them lawfully authorized for the purpose, shall make or sign any promissory note, whereby such persons or bodies corporate shall promise to pay to any other person or body corporate any sum of money or specific article mentioned in such note, the {DEL same DEL} {ADD sum or article ADD} shall be taken and construed to be, by virtue thereof, due and payable to such person or body corporate; and such person or body corporate may maintain an action for the same against the person or body corporate who shall have made the {DEL same DEL}{ADD promissory note ADD}.

SECTION 13. Section 9-1-18 of the General Laws in Chapter 9-1 entitled "Causes of Action" is hereby amended to read as follows:

9-1-18 Effect of absence from state on limitations. If any person against whom there is or shall be cause for any action, {DEL hereinbefore DEL}enumerated{ADD in this chapter ADD}, in favor of a resident of the state, shall at the time such cause accrue be {DEL without DEL}{ADD outside ADD} the limits {DEL thereof DEL}{ADD of the state ADD}, or, being within the state at the time such cause accrues, shall go out of the state before said action shall be barred by the provisions of this chapter, and shall not have or leave property or estate {DEL therein DEL}{ADD in the state ADD} that can be attached by process of law, then the person entitled to such action may commence the same, within the time before limited, after such person shall return into the state in such manner that an action may, with reasonable diligence, be commenced against him by the person entitled to the same; Provided, however, that no action shall be brought by any person upon a cause of action accruing {DEL without DEL}{ADD outside ADD}this state which was barred by limitation or otherwise in the state, territory or country in which such cause of action arose while he resided {DEL therein DEL}{ADD in the state ADD}.

SECTION 14. Section 9-1-21 and 9-1-37 of the General Laws in Chapter 9-1 entitled "Causes of Action" is hereby amended to read as follows:

9-1-21 Effect of death of party on statute of limitations. If any person, for or against whom any {DEL of such DEL}causes of action{ADD , enumerated in this chapter, ADD} shall accrue, shall die before the time limited for bringing action, or within sixty (60) days after the expiration of said time, and the cause of such action shall survive, such action may be commenced by or against the executor or administrator of the deceased person, as the case may be, at any time not more than one (1) year after the appointment of the executor or administrator of such person so dying, and not afterwards, if barred by the provisions of this chapter; Provided, however, That any such action shall be brought within three (3) years after the decease of such person and not after.

9-1-37 Enumeration of periods of appeal. The following compilation of periods of appeal for criminal and civil actions is set forth as an aid to the public, and is not intended to replace the specific statutes referred to herein. The omission of any such statute from this list shall in no way affect the validity of such omitted statute.

{ADDSectionAction Period of AppealADD}
* * *
{DEL 15-11-34Reciprocal enforcement of support cases, by state, from family to supreme court 20 daysDEL}
* * *
33-15-40Orders of superior

court regarding powers of guardians or conservators to support dependents of ward

{DEL 10 DEL}{ADD 20 ADD}days
* * *
45-23-20 Boards of review for subdivision control, or plan commissioner, to superior court {DEL 15 DEL} {ADD 20 ADD} days
* **
45-24-{DEL 20 DEL}{ADD 69 ADD}Zoning board cases generally to superior court20 days
* * *
SECTION 15. Sections 9-2-2, 9-2-9, 9-2-13 and 9-2-14 of the General Laws in Chapter 9-2 entitled "Parties" are hereby amended to read as follows:

9-2-2 Joinder of defendants in action on contract or instrument. When, in an action on any contract or specialty, including a bill of exchange or a promissory note, the property of a surety, endorser or drawer has been attached, {DEL that DEL}{ADD the property ADD} of the promissor, acceptor or principal, properly before the court, if any he has within its jurisdiction, if not attached at the commencement of the action, may be attached on mesne process or execution, and shall in all cases be first applied in the satisfaction of any judgment recovered therein.

9-2-9 Restricted liability on instrument signed as fiduciary. Where an instrument contains, or a person adds to his signature thereto, words indicating that he contracts or signs in his representative capacity as trustee, executor, administrator, guardian or conservator, he shall not be personally liable on the instrument, if he was duly authorized to make the same in his representative capacity; {DEL [ DEL}should{DEL ] DEL} an action on the instrument {DEL shall DEL}be brought against such trustee, executor, administrator, guardian or conservator in his representative capacity, or against his successor, an execution on any judgment obtained against him shall run only against the goods, chattels, and real estate of the estate in the hands and possession of such trustee, executor, administrator, guardian or conservator, or his successor, and not against his own property and estate; Provided, That upon a suggestion of waste as provided in section 33-9-28, a civil action may be brought against him personally in the manner provided in said section 33-9-28, and the procedure shall be in conformity with said section 33-9-28 and applicable procedural rules.

9-2-13 Death or incapacity of member or representative of association. The death or legal incapacity of a member of the association shall not affect an action or other civil proceeding brought as heretofore provided in sections 9-2-11 and 9-2-12. If either of the officers or persons by or against whom {DEL it DEL} {ADD the action or other civil ADD} {ADD proceeding ADD} is brought dies, is removed, resigns, or becomes otherwise incapacitated during the pendency thereof, the court before which such action or proceeding is pending shall make an order directing such action or proceeding to be continued by or against his successor in office or by or against any other officer or member who might have been a party originally to such action or proceeding.

9-2-14 Judgment and execution against association. In such action or proceeding {ADD brought pursuant to sections 9-2-11 and 9-2-12 ADD}, the officers or members against whom {DEL it DEL}{ADD the action ADD} is brought shall not be arrested; and a judgment against them shall not authorize an execution to be issued against their property or person. When such judgment is for a sum of money, an execution issued thereon must require the officer serving the {DEL same DEL} {ADD execution ADD} to satisfy such execution out of any personal or real property belonging to the association or owned jointly or in common by all members thereof.

SECTION 16. Section 9-3-6 of the General Laws in Chapter 9-3 entitled "Liens Against Causes of Action" is hereby amended to read as follows:

9-3-6 Liability for payments to patient without honoring hospital lien. Any person or persons, firm or firms, corporation or corporations, making any payment to such patient or to his attorneys or heirs or legal representatives as compensation for the injury sustained, after the filing and mailing of such notice {ADD provided in section 9-3-5 ADD}, without paying to such hospital the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement after paying the amount of any prior liens, shall, for a period of one (1) year from the date of payment to such patient or his heirs, attorneys or legal representatives, as aforesaid, be and remain liable to such hospital for the amount which such hospital was entitled to receive as aforesaid; and any such association, corporation or other institution maintaining such hospital may, within such period, enforce its lien by a suit at law against such person or persons, firm or firms, corporation or corporations, making any such payment.

SECTION 17. Section 9-4-8 of the General Laws in Chapter 9-4 entitled "Commencement of Proceedings" is hereby amended to read as follows:

9-4-8 Correction of defective entries. Except as otherwise provided by law, whenever any civil action (except in a district court), or whenever any appeal, shall not be entered according to law, the court to which the {DEL same DEL}{ADD action or appeal ADD} is returnable may, in case of accident, mistake, unforeseen cause or excusable neglect, in its discretion, allow the {DEL same DEL}{ADD action or appeal ADD} to be entered with or without terms; Provided, That if the {DEL same DEL}{ADD action or appeal ADD} be not entered according to law, in the first instance, all attachments and arrests made therein shall be thereby vacated.

SECTION 18. Sections 9-5-28 and 9-5-30 of the General Laws in Chapter 9-5 entitled "Writs, Summons and Process"are hereby amended to read as follows:

9-5-28 Affidavit or admission of service on nonresident. A disinterested person, serving process as {DEL aforesaid DEL}{ADD provided in section 9-5-27 ADD}, shall make affidavit of the service thereof, and of the manner in which, the time when, and the place where, the service was made; or the service thereof may be made by the admission of service by said guardian, executor or administrator, on the back of the process, and by his acknowledgment thereof some officer authorized to administer oaths.

9-5-30. Replacement of attorney for nonresident --Revocation of power. If such resident attorney{ADD , as provided in section 9-5-29, ADD} shall die, resign or remove from the state, such individual or partnership shall forthwith file with the secretary of state a further similar written power appointing some other competent resident in this state as his or its attorney for the purpose {DEL aforesaid DEL}{ADD as provided in section 9-5-29 ADD}. No power of attorney required to be filed by section 9-5-29 shall be revoked until after a like power shall have been given to some other competent person resident in this state and filed as aforesaid. Any such individual or partnership which has ceased to have a usual place of business in this state or to be engaged in this state in the construction, erection, alteration or repair of a building, bridge, railroad, railway or structure of any kind, may, however, revoke such power of attorney by a written instrument of revocation filed in the office of the secretary of state; but no such revocation shall be effective as to any liability arising out of any act or omission occurring prior to the time when such individual or partnership ceased to have a usual place of business in this state or to be engaged here as aforesaid

SECTION 19. Section 9-9-1 of the General Laws in Chapter 9-1 entitled "Jury Lists" is hereby amended to read as follows:

9-9-1 Persons liable to service -- Voting, operator's licenses, Rhode Island identification card lists as evidence. A person is liable to serve as a juror if the person is:

(1) A citizen of the United States; and

(2) At least eighteen (18) years of age; and

(3) A resident of Rhode Island who either:

(a) Resides in the county where the person is registered to vote; or

(b) Is licensed to operate a motor vehicle within this state; or

(c) Possesses a Rhode Island identification card issued pursuant to the provisions of sections 3-8-6 and 3-8-6.1. The list of qualified electors of each town and city as made up by the board of canvassers thereof, at its last meeting prior to the Tuesday after the first Monday in November in each even-numbered year, and the duly certified records of the registrar of motor vehicles shall be conclusive evidence of the liability of each person to serve as {DEL herein DEL} provided {ADD in this chapter ADD}, unless in the case of a qualified elector the name of said person has been removed from the list of qualified electors of that town or city on which the name of that person appears prior to being summoned to appear in court as a juror, and except as {DEL hereinafter DEL} provided {ADD in this chapter ADD}. The jury commissioner shall notify the clerk of the board of canvassers and registration of each particular city or town when it appears that a person on a list of qualified jurors does not reside at the address on said list. Said board of canvassers and registration, after due notice to such person, shall challenge the listing thereof and after a hearing thereon may remove that person from the list.

The registry of motor vehicles shall forward to the jury commissioner the names of licensed drivers and the names of those persons who possess Rhode Island identification cards issued pursuant to the provisions of sections 3-8-6 and 3-8-6.1 in the state on a yearly basis.

SECTION 20. Sections 9-10-1, 9-10-2 and 9-10-5 of the General Laws in Chapter 9-10 entitled "Selection of Jury" are hereby amended to read as follows:

9-10-1 Notice by court of jurors required --Notifications to sergeants and constables. From time to time as occasion may require, the superior court or family court shall direct notices to be sent by the clerk thereof to the jury commissioner that there will be required for the county or counties for which said court is holden a certain number of grand or petit jurors and the time and place at which they are required to attend. And the jury commissioner on receiving said notice shall take from the list of jurors qualified as {DEL aforesaid DEL} {ADD provided in chapter 9 of this title ADD}, in the order in which said names appear on said list, so many names as may be required to insure the attendance of the number of jurors required by the court, and shall issue notifications to the city or town sergeant or any constable of the town where the jurors reside, either in person or by one of his assistants or by registered or certified mail, and under his hand and seal, designating who are grand and petit jurors, and the time and place at which the jurors are required to attend. Upon consent of the town sergeant of the town where any juror resides, the jury commissioner may retain said notifications for service by the jury commissioner or his agents.

9-10-2 Service of notice on jurors. The city or town sergeant or constable, upon receipt of such notification {ADD as provided in section 9-10-1 ADD}, shall forthwith make service of the said notification upon the persons named therein as jurors by delivering to each of them, or by leaving at their last and usual place of abode, a notice substantially in the following form:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

Sc.

TO Greeting:

You are hereby notified that you have been drawn as a juror for the superior or family court for the county (or counties) of and you are required to attend the said court be holden at on the day of , at o'clock in the forenoon.

Sergeant.

Constable.

For warning each person said town sergeant or constable shall be paid fifty cents ($ .50) out of the town treasury. The jury commissioner or his agents, having retained such notifications in accordance with section 9-10-1, shall forthwith serve said notifications in the same form as contained in this section by regular mail.

9-10-5 Penalty for failure to serve notice on juror. Every officer charged with a notification to any person drawn as juror, who shall neglect to serve and return the {DEL same DEL}{ADD notification ADD}as {DEL herein DEL} required {ADD in section 9-10-4 ADD}, shall for each offense be fined twenty dollars ($ 20.00).

SECTION 21. Section 9-19-5 and 9-19-6 of the General Laws in Chapter 9-19 entitled "Evidence" is hereby amended to read as follows:

9-19-5 Determination made by court --Review. The determination of {DEL such DEL} {ADD foreign ADD} laws shall be made by the court and not by the jury, and shall be reviewable.

9-19-6 Evidence of foreign law. Any party may also present to the trial court any admissible evidence of {DEL such DEL} {ADD foreign ADD} laws, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties either in the pleadings or otherwise.

SECTION 22. Section 9-22-3 of the General Laws in Chapter 9-22 entitled "Costs" is hereby amended to read as follows:

9-22-3 Dismissal for failure to give surety. Upon the neglect of the plaintiff to comply with an order of the court requiring a surety or another surety, as {DEL herein DEL} provided {ADD in section 9-22-1 ADD}, his action or suit may be dismissed with costs for the defendant.

SECTION 23. Section 9-26-11, 9-26-13 and 9-26-17 of the General Laws in Chapter 9-26 entitled "Levy and Sale on Execution" are hereby amended to read as follows:

9-26-11 Attachment void unless mortgage redeemed or property sold. If the mortgage be not redeemed by the plaintiff or sold as {DEL before mentioned DEL}{ADD provided in ADD}{DEL DEL}{ADD section 9-26-8 ADD}, before the time of redemption expires, the attachment shall become void.

9-26-13 Sale at auction --Surplus proceeds. In case such owner shall not redeem them as {DEL aforesaid DEL}{ADD provided in section 9-26-12 ADD}, and in case they be not sold under special order, the officer shall sell the same at public auction to the highest bidder, and in any case if any overplus shall remain after the debt or damages and costs and charges are paid, the same shall be delivered by the officer to the owner or to any person legally qualified on his behalf to receive the same.

9-26-17 Adjournment of sale. The officer may, for good cause, from time to time adjourn the sale of said real estate or of any interest therein levied on, giving one (1) week's notice thereof by publication in some public newspaper in the manner {DEL above DEL}{ADD as ADD} provided {ADD in section 9-26-16 ADD}.

SECTION 24. Section 9-28-7 of the General Laws in Chapter 9-28 entitled "Proceedings in Aid of Execution" is hereby amended to read as follows:

9-28-7 Revision or suspension of decree. The court may, at any time on written notice to the adverse party or his attorney of record for cause shown, revise, modify or suspend a decree made in any proceedings {DEL hereunder DEL}{ADD under this chapter ADD}.

SECTION 25. Section 9-29-15 of the General Laws in Chapter 9-29 entitled "Fees" is hereby amended to read as follows:

9-29-15 Indorsement of fees on process. Every officer who shall serve any process, civil or criminal, shall indorse thereon the several items which constitute the amount of his fees, and on failure thereof the same shall not {ADD be ADD} taxed or allowed in any bill of costs, nor be recoverable by law.

SECTION 26. Sections 10-2-1 and 10-2-2 of the General Laws in Chapter 10-2 entitled "Account" are hereby amended to read as follows:

10-2-1 Account between owners of common property. Whenever two (2) or more persons have and hold any estate, interest or property, whether real or personal, in common as joint tenants, tenants in common, co-parceners or joint owners and one or more of the owners of such common property shall take, receive, use or have benefit thereof, in greater proportion than his or their interest therein, such owner or owners, his or their executors and administrators shall be liable to render his or their account of the use and profit of such common property to his or their fellow commoner or commoners, jointly or severally; and such the fellow commoner or commoners or any or either of them, their executors or administrators, shall have his or their action against such receiver or receivers or either of them, as his or their bailiff or bailiffs, for receiving more than his or their part or proportion as {DEL aforesaid DEL}{ADD provided in this section ADD}.

10-2-2 Appointment and meeting of auditors. Upon rendering final judgment against the defendant in such action {ADD under section 10-2-1 ADD} that he shall account, the court rendering the same shall appoint not more than three (3) auditors who, upon being sworn by said court, or any justice of the peace or notary public, to a faithful and impartial discharge of their duties, shall appoint a time and place to meet the parties in such action and to take the account, as required in such judgment, and shall give notice {DEL thereof DEL} {ADD of the meeting ADD} to said parties.

SECTION 27. Section 10-3-6 of the General Laws in Chapter 10-3 entitled "Arbitration" is hereby amended to read as follows:

10-3-6 Judicial appointment of arbitrators. If, in the agreement, provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or an umpire, or in filling a vacancy, then, upon the application of either party to the controversy, the court {DEL aforesaid DEL} {ADD as described in section 10-3-4 ADD}, shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and, unless otherwise provided in the agreement, the arbitration shall be by a single arbitrator.

SECTION 28. Section 10-5-46 of the General Laws in Chapter 10-5 entitled "Attachment" is hereby amended to read as follows:

10-5-46 Dissolution of attachment of real estate after 20 years. In addition to the remedies provided by sections 10-5-44, 10-5-45, and 9-25-23 any attachment levied against real estate, heretofore or hereafter of record, shall be dissolved, and no longer be a lien upon the real estate {DEL therein DEL}{ADD in the attachment ADD} described or referred to, after the expiration of a period of twenty (20) years from the date of the recording of said attachment.

SECTION 29. Section 10-6-4 of the General Laws in Chapter 10-6 entitled "Contributions Among Joint Tortfeasors" is hereby amended to read as follows:

10-6-4 Payment as prerequisite --Limitation of actions. A joint tortfeasor is not entitled to a final money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share {DEL thereof DEL} {ADD of the final money judgement ADD}. Actions for contribution shall be commenced not later than one (1) year next after the first payment made by a joint tortfeasor which has discharged the common liability or is more than his pro rata share thereof.

SECTION 30. Sections 10-7-2, 10-7-4, 10-7-6, 10-7-7, 10-7-8 and 10-7-13 of the General Laws in Chapter 10-7 entitled "Death by Wrongful Act" are hereby amended to read as follows:

10-7-2 Persons who may bring actions --Limitation of actions --Minimum recovery period. Every such action {ADD under this chapter ADD}, other than one brought under section 10-7-1.2, shall be brought by and in the name of the executor or administrator of such deceased person, whether appointed or qualified within or without the state, and the amount recovered in every such action {ADD under this chapter ADD} shall one-half (1/2) thereof go to the husband or widow, and one-half (1/2) thereof to the children of the deceased, and if there be no children, the whole shall go to the husband or widow, and, if there be no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate; except that no person who is adjudged to be in wilful contempt of being in excess of six (6) months in arrears of an order to pay child support for the deceased individual shall be allowed recovery pursuant to this chapter and {DEL such DEL}{ADD a ADD} person {ADD so adjudged ADD} shall be deemed to have predeceased the child for the purpose of determining distribution under the intestacy statute. Every action brought under sections 10-7-1.2 shall be brought by and in the name of the person or persons sustaining the loss of society, companionship and/or consortium and the amount recovered shall go to the person or persons who sustained said loss. Except as otherwise provided, every action brought pursuant to this chapter shall be commenced within three (3) years after the death of such person. With respect to any death caused by any wrongful act, neglect or default which is not known at the time of death, such action shall be commenced within three (3) years of the time that the wrongful act, neglect or default is discovered or, in the exercise of reasonable diligence, should have been discovered. Whenever any person or corporation is found liable under sections 10-7-1--10-7-4, inclusive, he or she or it shall be liable in damages in the sum of not less than one hundred thousand dollars ($ 100,000.00).

10-7-4 Cause surviving death of person liable. Any cause of action arising under sections 10-7-1 --10-7-4, inclusive, and any action authorized {DEL hereby DEL}{ADD by this ADD} {ADD chapter ADD} shall survive the death of any person liable for damages {DEL hereunder DEL}{ADD under this ADD} {ADD chapter ADD}, and may be originally brought against his executor or administrator or, if brought against {DEL such DEL}{ADD the liable ADD} person in his lifetime, may in the event of his death be defended by his executor or administrator.

10-7-6 Executor or administrator to bring section 10-7-5 action --Amount recovered to estate. Every {DEL such DEL} action {ADD under section 10-7-5 ADD} shall be brought by and in the name of the executor or administrator of such deceased person, whether appointed or qualified within or without the state, and the amount recovered in every {DEL such DEL}action {ADD under section 10-7-5 ADD} shall go to the decedent's estate and become part {DEL thereof DEL}{ADD of the estate ADD}.

10-7-7 Pain and suffering recoverable --Limitation of action. In such an action {ADD under section 10-7-5 ADD}, recovery may be had for pain and suffering. Except as otherwise provided, every such action shall be commenced within three (3) years after the death of such person. With respect to any death caused by any wrongful act, neglect or default which is not known at the time of death, such action shall be commenced within three (3) years of the time that the wrongful act, neglect or default is discovered or, in the exercise of reasonable diligence, should have been discovered.

10-7-8 Cause surviving death of person liable. Any cause of action arising under sections 10-7-5 --10-7-8, inclusive, and any action authorized {DEL hereby DEL}{ADD by this chapter ADD} shall survive the death of any person liable for damages {DEL thereunder DEL} {ADD under the ADD} {ADD cause of action ADD} and may be originally brought against his executor or administrator or if brought against such person in his lifetime may, in the event of his death, be defended by his executor or administrator.

10-7-13 Effect of invalidity of part of this chapter. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section or part of this chapter, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this chapter, but the effect {DEL thereof DEL}{ADD of the court's adjudication ADD}shall be confined to the clause, sentence, paragraph, section or part of this chapter so adjudged to be invalid or unconstitutional.

SECTION 31. Sections 10-7.1-2 and 10-7.1-4 of the General Laws in Chapter 10-7.1 entitled "Libel of a Deceased Person" are hereby amended to read as follows:

10-7.1-2 Action by executor or administrator --Persons benefited --Limitation of action. Every such action{ADD under this chapter ADD} shall be brought by and in the name of the executor or administrator of such deceased person, whether appointed or qualified within or without the state, and the amount recovered in every such action{ADD under this chapter ADD} shall one-half (1/2) thereof go to the husband or widow, and one-half (1/2) thereof to the children of the deceased, and if there be no children the whole shall go to the husband or widow, and, if there be no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate. Provided, that every such action {ADD under this chapter ADD} shall be commenced within one (1) year after the death of such person.

10-7.1-4 Cause surviving death of person liable. Any cause of action arising under sections 10-7.1-1--10-7.1-4, inclusive, and any action authorized {DEL hereby DEL} {ADD by this chapter ADD} shall survive the death of any person liable for damages {DEL hereunder DEL}{ADD under this chapter ADD}, and may be originally brought against his executor or administrator or, if brought against such person in his lifetime, may in the event of his death be defended by his executor or administrator.

SECTION 32. Sections 10-10-9 and 10-10-12 of the General Laws in Chapter 10-10 entitled "Imprisonment on Civil Process" are hereby amended to read as follows:

10-10-9 Privileges allowed person committed in absence of memorandum. If no such memorandum {ADD as described in section 10-10-8 ADD} be made by such clerk on any execution, or if the officer shall not note the {DEL same DEL} {ADD cause of action as provided in ADD} {ADD section 10-10-8 ADD} in his commitment, the warden of the adult correctional institutions shall be held harmless if he permit the person committed to have the liberty of the jail yard, or discharge him, on his producing a certificate of having taken the oath prescribed by law for poor debtors.

10-10-12 Payment of prisoner's board. Whenever any person shall be imprisoned in or committed to the adult correctional institution upon original writ, mesne process, execution, or surrender or commitment by bail, in any action whatsoever, the party at whose suit such person is imprisoned, or committed for the benefit of or at the request of the United States of America shall pay to the warden of said institution in which he is imprisoned or committed the sum of two hundred ten dollars ($ 210), per week in advance for the board of such prisoner or person, reckoning such board from the time of such commitment; which payment in advance shall continue to be made by such creditor or the United States of America during the time such person shall be detained at his suit; Provided, however, That in all cases in which any person shall be imprisoned under an original writ, mesne process, execution against the body or because of surrender or commitment by bail, in any suit in favor of the state and in all cases where the person is held in civil or criminal contempt by any court of the state of Rhode Island, or any commitment under section 15-5-16, entitled "Divorce and separation," no board need be demanded by or paid to the warden. Provided, further, however, That in all applicable cases of commitment, the party so committing shall pay such board in advance until one (1) week after notice in writing of such commitment shall have been duly served upon the said party, or his attorney of record, by the sheriff, his deputy, or other duly qualified officer and lodged with the said warden {ADD of the institution where the person is committed ADD}.

SECTION 33. Section 10-12-1, 10-12-4, 10-12-6, 10-12-7, 10-12-8, and 10-12-10 of the General Laws in Chapter 10-12 entitled "Liberty of the Jail Yard" are hereby amended to read as follows:

10-12-1 Power of sheriff or warden to grant liberty. Whenever any person shall be imprisoned for want of bail in any civil action, or upon surrender or commitment by bail in any such action, or on execution in any civil action, except on executions awarded in actions on penal statutes or on bonds given in pursuance of the provisions of this chapter, or in any action for conversion, all actions sounding in tort other than for replevin and for trespass to land in which the title to the land was in dispute, and actions to recover possession of land, or in an action prosecuted by bail against his principal, the sheriff or warden of the correctional institution may grant such person a chamber or lodging in any of the houses or apartments belonging to such institution and the liberty of the yard within the limits thereof, upon reasonable payment to be made for chamber room and upon bond being given by such person as {DEL hereinafter DEL} provided {ADD in section 10-12-2 ADD}.

10-12-4 Entry into places within yard. Any person confined in any correctional institution who shall give bond as {DEL aforesaid DEL} {ADD provided in section 10-12-2 ADD} may go into any building or place within the exterior limits of the yard, complying with such bond and conforming to law.

10-12-6 Warden's responsibility on assignment. The warden receiving an assignment as {DEL aforesaid DEL}{ADD provided in section 10-12-5 ADD} shall not be held responsible to any person for any property of any assignor, except such as he has actually received into his possession; provided, he shall assign all the interest he shall obtain thereby to the committing creditor, if a resident of this state, upon his request, or to such person, being a resident thereof, as such creditor shall name, to be held by such creditor or person so named, his heirs, executors, administrators and assigns, for the purposes and uses set forth in said deed, and a record of such assignment and of said transfers shall be made by said warden.

10-12-7 Failure to report or assign to warden deemed an escape. If any person so committed shall neglect to render himself to the warden of the institution, in said institution, within said thirty (30) days, or make an assignment as {DEL hereinbefore DEL} provided {ADD in section 10-12-5 ADD}, he shall be deemed to have committed an escape under his bond for the liberty of the jail yard.

10-12-8 Surrender of principal by surety on jail yard bond. Every person who shall become surety in any bond given by any debtor for the liberty of the jail yard as {DEL aforesaid DEL}{ADD provided in section 10-2-2 ADD}, shall have a right at any time to deliver up the principal in such bond to the sheriff of the county in which such debtor shall have been committed, or to the warden of the adult correctional institutions, and within such institutions, whereupon he shall be detained by such sheriff or warden in close jail, in the same manner as though he had not been liberated on bond, until he shall give other bond according to the provisions of this chapter, or be otherwise discharged according to law, and none of the sureties, after the principal has been delivered up as {DEL aforesaid DEL}{ADD provided in this section ADD}, shall be liable for any escape thereafter committed by the principal

10-12-10 Limitation of actions on jail yard bond. No action shall be maintained for the breach of any bond given for the liberty of the jail yard as {DEL aforesaid DEL}{ADD provided in section 10-12-2 ADD}, unless the{DEL same be DEL} {ADD action is ADD} brought within one (1) year after the time such breach was committed.

SECTION 34. Sections 10-13-2, 10-13-3, 10-13-4, 10-13-6, 10-13-7, 10-13-11, 10-13-13, 10-13-14, 10-13-17, 10-13-19, 10-13-20 and 10-13-23 of the General Laws in Chapter 10-13 entitled "Relief of Poor Debtors" are hereby amended to read as follows:

10-13-2 Persons not entitled to take oath. No person who shall be committed on execution awarded against him as plaintiff in replevin or as defendant in any action on a penal statute or in any action for conversion or detention of personal property, or for any malicious injury to the person, health or reputation of the plaintiff in such suit, or for seduction, or for any trespass, excepting only such as are particularly named in section 10-13-1, shall be deemed to be within the meaning of the provisions of that section or entitled to be admitted to take the oath as {DEL aforesaid DEL} {ADD provided in ADD}{DEL DEL}{ADD section 10-13-1 ADD}.

10-13-3 Citation to creditor to show cause against debtor's oath. Such justice shall forthwith issue a citation to the creditor, if within this state, or if such creditor does not live within this state, then to his agent or attorney of record within this state, or if he has no such agent or attorney, then to such creditor without the state, to appear at such time and place as the said justice shall appoint, to show cause, if any he have, why the person complaining as {DEL aforesaid DEL}{ADD provided in section 10-13-1 ADD} should not be admitted to take {DEL such DEL} {ADD the poor debtor's ADD} oath.

10-13-4 Service of citation on creditor. The citation shall be served on the creditor, his agent or attorney as {DEL aforesaid DEL}{ADD provided in section 10-13-3 ADD}, seven (7) days at least before the time appointed as aforesaid, by reading the same to him, or by leaving an attested copy with some person living at his last and usual place of abode, by the sheriff, his deputy or either of the town sergeants or constables in the county in which such creditor, his agent or attorney, shall reside. If such creditor does not live or have any agent or attorney within this state, such service shall be made upon the creditor by any disinterested person.

10-13-6 Service of citation on attorney general. Such citation{ADD , described in ADD} {ADD section 10-13-5, ADD} shall be issued to and served upon the attorney general, in the same manner and with the same effect as is provided in the case of creditors other than the state.

10-13-7 Administration of oath --Assignment of estate.-- The justice of any district court in the county where the prisoner is committed may at the time and place appointed examine the return of such citation, and if it shall appear to have been duly served, may administer the oath {DEL hereinafter DEL} prescribed {ADD in section 10-13-8 ADD} to the party imprisoned as {DEL aforesaid DEL}{ADD provided in section 10-13-5 ADD}, if, after fully examining the prisoner under oath and hearing the parties, the said justice shall think it proper so to do; provided, such applicant shall then and there first make and execute a deed of assignment of all his estate of every kind and wherever the same may be, except what is exempted from attachment by law, other than debts secured by bills of exchange or negotiable promissory notes, to such warden and his successor in his such office and his heirs and assigns, in trust for the benefit of all his creditors in proportion to their respective demands.

10-13-11 Detainment for fees prohibited.-- No person who has been admitted to take the oath {DEL aforesaid DEL} {ADD as provided in section 10-13-8 ADD} shall be retained in a correctional institution for the prison fees or for the fees of the justice before whom he may have taken such oath.

10-13-13 Second citation to creditor by debtor not admitted to oath.-- If a debtor take out a citation to his committing creditor and have the same served and subsequently withdraw the same, or if upon trial he shall not be admitted to take the oath {DEL above DEL} prescribed {ADD in section 10-13-8 ADD}, he shall not be entitled to another citation to the same creditor unless on proof of some change of circumstances after the taking out of the first citation, a statement of which change of circumstances shall be annexed to or cited in the second citation and form a part thereof.

10-13-14 Administration of debtor's oath pending original action.-- The court before which any action is pending for the recovery of any debt or demand for which the defendant, if committed to a correctional institution thereon, would be entitled to be admitted to take the oath {DEL aforesaid DEL}{ADD as provided in section 10-13-8 ADD}, may administer the said oath to the defendant as hereinafter provided {ADD in this chapter ADD}.

10-13-17 Examination of defendant and administration of oath.-- If it shall appear to the court in which the said action is pending that notice has been given as {DEL before DEL} provided {ADD in section 10-13-16 ADD}, such court shall examine the defendant on his oath concerning his estate and effects and the disposal thereof and may also receive any other evidence offered by the defendant or by the plaintiff, and upon such examination the court may, in its discretion, administer to the defendant the said oath.

10-13-19 Application for oath after judgment and before commitment.-- Every defendant in any execution, who would, if committed to a correctional institution thereon, and every person against whom final judgment has been rendered in any civil action, who would, if committed to a correctional institution on execution to be issued thereon, be entitled to be admitted to take the oath aforesaid, may apply in the manner {DEL hereinbefore mentioned DEL}{ADD as provided in this chapter ADD}, for a citation to his creditor to show cause why he should not be admitted to take {DEL said DEL} {ADD the debtor's ADD} oath.

10-13-20 Service of citation.-- Such citation{ADD , described in section 10-13-19, ADD} shall be served in the same manner as is provided in section 10-13-16.

10-13-23 Certificate as to oath --Certificate of discharge.-- The justice administering the oath {DEL aforesaid DEL}{ADD as provided in section 10-13-7 ADD}, pursuant to the provisions of section 10-13-21, shall give a certificate to that effect, under his hand and seal, to the said defendant. In all cases the justice who commences the examination under the provisions of this chapter shall alone have the power to sign and seal the certificate of discharge.

SECTION 35. Section 11-37.1-5 of the General Laws in Chapter 11-37.1 entitled "Sexual Offenders Registration act" is hereby amended to read as follows:

11-37.1-5 Registration requirement upon release, parole, or probation.-- (A)Duty of State Officials. -- (1) If a person who is required to register under this chapter is released from prison, then the official in charge of the place of confinement or his or her designee shall comply with the provisions of subsection (B); or,

(2) If a person who is required to register under this chapter is placed on parole, the executive secretary of the parole board shall comply with the provisions of subsection (B); or,

(3) If a person who is required to register under this chapter is released on probation or placed on home confinement, then the assistant administrator or the division of probation shall comply with the provisions of subsection (B); or,

(4) If a person who is required to register under this chapter, is released from a juvenile correctional facility, either outright or on some form of supervised release, then the person in charge of such institution shall comply with the provisions of subsection (B); or,

(5) If a person who is required to register under this chapter is placed on juvenile probation, then the person in charge of such program shall comply with the provisions of subsection (B); or

(6) If a person who is required to register under this chapter has moved into this state under the provisions of an interstate compact providing for supervision of the terms of his or her release by agents of this state, then the administrator of such interstate compact shall comply with the provisions of subsection (B).

(B) Notification of registration requirements. --The person designated with the responsibility for the notification requirements of this chapter shall, prior to the release of any person required to register under this chapter:

(1) Inform the person of the duty to register and obtain the information required for such registration; and

(2) Inform the person that if the person changes his or her residence address, the person shall give the new address to a designated state law enforcement agency in writing within ten (10) days; and

(3) Inform the person that if the person changes residence to another state, the person shall register the new address with the law enforcement agency with whom the person last registered, and the person is also required to register with a designated law enforcement agency in the new state not later than ten (10) days after establishing residence in the new state, if the new state has a registration requirement; and

(4) Obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and

(5) Require the person to read and sign a form approved by the attorney general stating that the duty of the person to register under this section has been explained.

(C) In addition to the requirements of subsection (B), for a person required to register under subsection (C) of section 11-37.1-3 of this chapter, then the person responsible for the notification required under subsection (B) of this section shall obtain the name of the person, identifying factors, anticipated future residence, offense history, and documentation of any treatment received for the mental abnormality or personality disorder of the person. For purposes of this subsection, the provisions of section 5-37-3, pertaining to health care privileges or the provisions of section 9-17-24, pertaining to the privilege of witnesses, shall not be effective so as to prevent the transfer of information or the testimony of any person possessing such information required by this subsection. Any information so obtained may be used by the board of review or the community notification board in making a determination of whether or not the person is or continues to be a sexually violent predator or in determining the level of notification under section {DEL 11-37.3-12 DEL}{ADD 11-37.1-12 ADD}. Such information may also be used by the sentencing court or by any court reviewing the level of notification determined by the community notification board or any conviction or sentence which requires registration under this chapter. Provided, however, information so obtained shall not be admissible in any other judicial proceeding against the subject of such information except to determine, redetermine or review a person's status as a sexually violent predator or to determine or review the level of notification to the community which has been made by a court or the community notification board. Provided, further, that this subsection shall not be applicable to any person for whom an appeal is pending for which a final judgment of conviction has not been entered, until such time as a final conviction has been entered.

SECTION 36. Sections 23-27.3-2, 23-27.3-3, 23-27.3-4, 23-27.3-5, 23-27.3-12 and 23-27.3-13 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby re-numbered to read as follows:

{DEL 23-27.3-2 DEL}{ADD 23-27.3-200. ADD} Savings clause. That nothing in these regulations hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing under any act or local regulations repealed as prescribed in this chapter.

{DEL 23-27.3-3 DEL}{ADD 23-27.3-300. ADD} Publication of act. The administrative provisions of the code as printed in the general laws are numbered to be consistent with the referenced sections of the Model Code and Standards as adopted by the building code standards committee as rules and regulations.

{DEL 23-27.3-4. DEL}{ADD 23-27.3-400. ADD} Severability. The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.

{DEL 23-27.3-5 DEL}{ADD 23-27.3-500.ADD} Effective date of code. The effective date of this code shall be July 1, 1977.

{DEL 23-27.3-12. DEL}{ADD 23-27.3-600. ADD} Fresh water wetlands. The provisions of section 2-1-18 et seq. relating to fresh water wetlands, and any rules or regulations promulgated thereunder, are hereby adopted by reference into the state code.

{DEL 23-27.3-13 DEL}{ADD 23-27.3-700.ADD} Water closets, faucets and showerheads --Installation --New and existing buildings. (a) All buildings, the construction of which commences on or after [July 7, 1989], shall be equipped with water closets using a maximum of 1.6 gallons of water per flushing cycle and/or urinals using a maximum of 1.5 gallons of water per flushing cycle.

(b) Commencing September 1, 1990, all cities and towns shall be subject to the provisions of this subsection (b). The towns of Smithfield, Portsmouth, Middletown, and Newport, however, may impose the use of two-piece 1.6 gallon low consumption water closets upon [July 7, 1989]. These water closets shall be tested in accordance with the approved testing standards of the state building code in effect on April 1, 1989.

(1) All two-piece water closets shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of the American society of mechanical engineers (ASME) and the American national standards institute (ANSI) A112.19.2-90 and ASME/ANSI A112.19.6-90.

(2) Water outlets and/or adjacent fittings serving lavatories, kitchen sinks and other sinks shall restrict and/or control the flow rate to not more than 2.0 gallons per minute (gpm) (7.5 lpm) at 80 psi. Lavatories in restrooms of public facilities shall be equipped with self-closing faucets having outlet devices which limit the flow rate to a maximum of 0.5 gpm (1.9 lpm) or self-closing metering valves which limit flow to 0.25 gallons (0.951 liters) per cycle. Showerheads shall restrict and/or control the flow rate to not more than 2.5 gpm (13.31 lpm) at 80 psi. All lavatory and sink fittings and showerheads shall be tested in accordance with ASME/ANSI A112.18 1M 1990.

(c) Effective March 1, 1991, flushometer water closets for public use having a floor or wall mounted outlet shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90.

Except as provided in section 23-27.3-13(d), all other public use water closet types shall also be low consumption toilets which shall use a maximum of 1.6 gallons (6 liters) per flush cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90 and all urinals shall use a maximum of 1.0 gallons (3.785 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90.

(d) Commencing March 1, 1991, all one-piece water closets shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90.

(e) The provisions of this section shall apply to all new construction as well as to renovations and replacement in existing structures, after [July 7, 1989]. In satisfaction of the requirements of this section, the installation of tank-type water closets equipped with devices which meet the test requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90 shall be permitted.

(f) The performance standards of this section shall not apply to fixtures and fittings such as emergency showers, aspirator faucets, and blowout fixtures that, in order to perform a specialized function, cannot meet the standards herein specified.

(g) Based upon the evaluation and analysis of an engineer that the configuration of the building drainage system requires a greater quantity of water to adequately flush the system, an owner may submit engineering documentation to the commissioner for approval. If the documentation is denied, then the owner may appeal the denial to the state board of standards and appeals.

(h) No water closet may be sold in the state after March 1, 1991, unless it meets the water use efficiency standards set forth in this section.

(i) Public or public use: In the classification of plumbing fixtures, public shall apply to every fixture not defined under private or private use; whether that use is restricted or unrestricted; private shall apply to fixtures in residences, apartments, condominiums and to private guest rooms in hotels where the fixtures are intended for the use of an individual.

SECTION 37. Sections 23-28.13-1, 23-28.13-20, 23-28.13-26 and 23-28.13-28 of the General Laws in Chapter 23-28.13 entitled "Boarding Homes" are hereby amended to read as follows:

23-28.13-1 Applicability --"Boarding homes" defined.-- (a) The regulations contained in this chapter shall apply to all boarding homes as defined {DEL herein DEL}{ADD in this section ADD}, except such places as are expressly exempt in accordance with the provisions of this code.

(b) The term "boarding home" shall mean a building used in whole or in part as a place for the boarding and care of five (5) or more persons, excluding the following: a family group of a dwelling or home, family day care homes, licensed boarding homes for children, hospitals, intermediate care facilities, and skilled nursing homes.

23-28.13-20 Decorative and acoustical materials.-- (a) All combustible decorative and acoustical material, including curtains located in corridors, passageways, stairways, lobbies, and other rooms or spaces for general boarder or public use shall be rendered and maintained flame-resistant.

(b)(1) All approvals of decorative materials shall be limited to one (1) year. The owner or the owner's authorized agent shall file an affidavit with the enforcing officer certifying to the following:

(A) The product used will render the decorative material flame resistant in accordance with N.F.P.A. Standard 701, 1989 edition.

(B) That the product used was applied in accordance with the manufacturer's specifications.

(C) State the date of treatment and warranty period.

(2) When a doubt exists as to the fire retardant quality or the permanency of treatment, material shall be subject to the field check test {DEL herein provided DEL}{ADD as provided in subsection (b) (3) ADD}.

(3) Field test: Match flame test. (A) Samples, in dry condition, are to be selected for tests and are to be a minimum of one and one-half inches (11/2") wide and four inches (4") long. The fire exposure shall be the flame from a common wood kitchen match (approximate length two and seven-sixteenths inches (2 7/16"); approximate weight twenty-nine (29) grams per hundred), applied for twelve (12) seconds.

(B) The test shall be performed in a draft-free and safe location. The sample shall be suspended (preferably held with a spring clip, tongs or some similar device) with the long axis vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to be removed gently away from the sample.

(C) During the exposure, flaming shall not spread over the complete length of the sample, or in excess of four inches (4") from the bottom of the sample (for larger size samples). There shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming particles shall be rejected if the materials continue to burn after they reach the floor.

(c)(1) In all new boarding homes, interior finish shall be as regulated or modified by the provisions of the description of interior finish in section 23-28.1-5 and shall not exceed the following classifications for the locations indicated:

(2) All changes of interior finishes in existing boarding homes shall also conform to the regulations listed below:

(A) In all vertical means of egress and connecting passages to the outside "Class A."

(B) In all access corridors "Class B."

(C) In all other rooms or spaces "Class C."

(d) Floor coverings must conform to the requirements of the next class lower than the classifications above, but in no instance should they be less than "Class C," except that in sprinklered buildings all floor coverings may be "Class C" throughout.

23-28.13-26 Attendants required.-- (a) There shall be at least one attendant in residence at all times in each boarding home housing twenty-five (25) or less boarders. There shall be one additional attendant in residence at all times for more than twenty-five (25) and not more than fifty (50), and one additional attendant for each twenty-five (25) or part in excess thereof.

(b) Attendants as required {DEL herein DEL}{ADD in this section ADD} shall be at least eighteen (18) years of age and capable of performing the duties of evacuation. No person other than the management or a person under management control shall be considered as an attendant.

(c) In noncombustible buildings or combustible buildings completely protected by a system of automatic sprinklers, there shall be one attendant in residence at all times for each thirty-five (35) boarders or numerical fraction thereof.

(d) Nothing in this section shall be construed as waiving any requirement of the state department of health as to boarder care personnel.

23-28.13-28 Boarding homes for children --Basements --Heating units.-- (a) The use of basements as defined in section 23-28.1-5 shall not be allowed for sleeping quarters.

(b) Levels below ground, not considered as a basement as defined in this code, and levels on grade with sleeping quarters with a central heating unit contained therein, {DEL the unit DEL} shall be segregated by partitions and doors having a one hour fire resistant rating. Enclosures shall be provided with an air vent to the outside sufficient for proper combustion and exhaust.

SECTION 38. Section 23-28.15-18 of the General Laws in Chapter 23-28.15 entitled "Child Day Care Centers" is hereby amended to read as follows:

23-28.15-18 Decorative and acoustical materials.-- (a)(1) All combustible decorative and acoustical materials, and curtains located in corridors, passageways, stairways, and lobbies, shall be rendered and maintained flame resistant. This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed directly to the wall or ceiling, provided the surface will not be readily flammable and will not carry or communicate fire.

(2) All approvals of decorative materials shall be limited to one year. The owner or the owner's authorized agent shall file an affidavit with the enforcing officer certifying to the following:

(A) The product used will render the decorative material flame resistant in accordance with N.F.P.A. Standard 701, 1989 edition.

(B) That the product used was applied in accordance with the manufacturer's specifications.

(C) State the date of treatment and warranty period.

(3) When a doubt exists as to the fire retardant quality or the permanency of treatment, material shall be subject to the field test {DEL herein provided DEL}{ADD as provided in subsection (a)(4 ADD}).

(4) Field test: Match flame test. (A) Samples, in dry condition, are to be selected for tests and are to be a minimum of one and one-half inches (11/2") wide and four inches (4") long. The fire exposure shall be the flame from a common wood kitchen match (approximate length two and seven-sixteenths inches (2 7/16"); approximate weight twenty-nine (29) grams per hundred), applied for twelve (12) seconds.

(B) The test shall be performed in a draft-free and safe location. The sample shall be suspended (preferably held with a spring clip, tongs or some similar device) with the long axis vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to be removed gently away from the sample.

(C) During the exposure, flaming shall not spread over the complete length of the sample or in excess of four inches (4") from the bottom of the sample (for larger size samples). There shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming particles shall be rejected if the materials continue to burn after they reach the floor.

(b) In all new child day care centers, interior finish shall be as regulated or modified by the provisions of the description of interior finish in section 23-28.1-5 and shall not exceed the following classifications for the locations indicated:

All changes of interior finishes in existing child day care centers shall also conform to the regulations listed below:

(1) In all vertical means of egress and connecting passages to the outside "Class A."

(2) In all access corridors "Class B."

(3) In all other rooms or spaces "Class C."

(c) Floor coverings must conform to the requirements of the next class lower than the classifications above, but in no instance should they be less than "Class C," except that in sprinklered buildings all floor coverings may be "Class C" throughout.

SECTION 39. Sections 23-28.20-7 and 23-28.20-9 of the General Laws in Chapter 23-28.20 entitled "Storage and Handling of Liquified Petroleum Gas" are hereby amended to read as follows:

23-28.20-7 Application and hearings on permits.-- --(a) Application for permits {DEL hereunder DEL} {ADD under this chapter ADD} shall be made pursuant to regulations adopted by the state fire marshal and those regulations may from time to time be amended by the marshal.

(b) The fire marshal shall have the authority to conduct hearings or proceedings concerning the suspension, revocation, or refusal of the issuance or renewal of permit.

23-28.20-9 Permit fee.-- Each application for a permit {DEL hereunder DEL}{ADD under this chapter ADD}shall be accompanied by the fee {DEL hereinafter DEL} {ADD prescribed by this section ADD}, which fee shall be returned in the event the application is denied. The permit fee shall be seventy-five dollars ($ 75.00) annually. All fees collected pursuant to this section shall be deposited as general revenue.

SECTION 40. Sections 23-28.29-2 and 23-28.29-5 of the General Laws in Chapter 23-28.29 entitled "Model Rocket Engines" are hereby amended to read as follows:

23-28.29-2 Sale and use of rocket engines.-- No model rocket engine as {DEL hereinafter DEL}defined{ADD in section 23-28.29-3 ADD} shall be sold or offered for sale, or otherwise transferred, and no such model rocket engine shall be ignited or used or caused to be ignited or used, except in accordance with this chapter, and the rules and regulations promulgated by the state fire marshal, or his or her duly authorized deputy, both hereinafter referred to as "state fire marshal" in this chapter.

23-28.29-5 Engine standards.-- No model rocket engines shall be sold or used as provided {DEL herein DEL}{ADD in this chapter ADD}, unless they shall be manufactured and classified in accordance with the recommendations of the national fire protection association. Each model rocket engine shall be imprinted with this standardized classification.

SECTION 41. Sections 23-28.32-4, 23-28.32-7 and 23-28.32-8 of the General Laws in Chapter 23-28.32 entitled "Sales or Leasing and Servicing of Portable Fire Extinguishers and Fixed Fire Extinguishing Systems" is hereby amended to read as follows:

23-28.32-4 Definitions.-- (a)Firm. A firm is any person, partnership, corporation, or association.

(b) "Hydrostatic testing" means pressure testing by approved hydrostatic methods.

(c) Portable fire extinguishers. A device that contains within it, chemicals, fluids, or gases for extinguishing fires, the means for application of its contents to that purpose, and is capable of being readily moved from place to place.

(d) Leased. For the purpose of this chapter, a leased fire extinguisher shall be treated the same as an extinguisher which has been sold.

(e) "Service and servicing" means servicing portable fire extinguishers or fixed fire extinguishing systems by charging, filling, maintaining, recharging, refilling, repairing, testing, and tagging.

(f) "Apprentice" means a specific individual to whom a permit has been issued by the state fire marshal to perform various acts of service while under the direct supervision of a person holding a valid license to perform the acts.

(g) "Certificate of registration" means a written document issued by the state fire marshal authorizing a person, firm, or corporation to engage in the business of installing, servicing, charging, and repairing fixed fire extinguisher systems and/or portable fire extinguishers.

(h) "Certified firm" means any individual, person, partnership, corporation, or association holding a current certificate of registration issued by the state fire marshal.

(i) "Department of transportation (D.O.T.) cylinder" means all cylinders manufactured and tested in compliance with specifications of the United States department of transportation.

(j) "Engineered systems" are those requiring individual calculation and design to determine the flow rates, nozzle pressures, quantities of extinguishing agents, and the number and types of nozzles and their placement in a specific system.

{DEL (k) "Firm" means any person, partnership, or corporation. DEL}

( l ) "Fixed fire extinguisher system" means a system that contains within it chemicals, dry powder, fluid, or gases for extinguishing fires.

(m) "License" means a written document issued by the state fire marshal to any person for the purpose of granting permission to the person to perform any act or acts for which authorization is required.

(n) "Licensee" means a specific individual to whom a license has been issued by the state fire marshal.

(o) "Pre-engineered fixed system" are those having predetermined flow rates, nozzle pressure, and quantities of extinguishing agents. These systems have the specific pipe size, maximum and minimum pipe lengths, number of fittings, and number and type of nozzles, prescribed by a nationally recognized testing laboratory. The hazards protected by these systems are specifically limited as to type and size by a nationally recognized testing laboratory based upon actual fire tests.

(p) "Recognized testing laboratory" means a nationally recognized testing or any other testing agency recognized by the state fire marshal.

(q) "Repair" means any work performed to a fixed fire extinguisher system and not defined as charging, recharging, or hydrostatic testing.

(r) "Test" means to subject any fixed fire extinguisher system to any procedure necessary to insure its proper operation or installation, and for its approval by the authority having jurisdiction.

23-28.32-7 Prohibition against servicing portable fire extinguishers and fixed fire extinguishing systems by unlicensed personnel.-- (a) Except as provided in section 23-28.32-2, only the holder of a current and valid license, or of an apprentice permit issued {DEL hereunder DEL}{ADD under this chapter ADD}, may service portable fire extinguishers, and/or fixed fire extinguishing systems.

(b) A person who has been issued a license under this chapter to service portable fire extinguishers, and/or fixed fire extinguishing systems must be an employee, agent, or servant of a firm that holds a certificate of registration, or the licensee himself or herself must hold a certificate of registration issued under this chapter.

23-28.32-8 Application and hearings on licenses, permits, and certificates.-- (a) Applications for licenses, permits, and certificates {DEL hereunder DEL} {ADD under this chapter ADD} shall be made pursuant to regulations adopted by the state fire marshal as those regulations may from time to time be amended by him or her.

(b) The state fire Marshal shall have the authority to conduct hearings or proceedings concerning the suspension, revocation, or refusal of the issuance or renewal of licenses, apprentice permits, hydrostatic testing certificates, certificates of registration, or approval of testing laboratories issued under this chapter or application therefor, and to suspend, revoke, refuse to renew, or refuse to issue the same.

SECTION 42. Section 23-28.33-1 of the General Laws in Chapter 23-28.33 entitled "Storage and Handling of Liquified Natural Gas" is hereby amended to read as follows:

23-28.33-1 Applicability.-- These chapter provisions shall apply to all persons, firms, corporations, {DEL co- DEL}partnerships, voluntary associations, and government agencies, except federal, storing or handling liquefied natural gas, and to the owner or lessee of any building, or equipment in or on which liquefied natural gas is stored or handled, and shall apply to motor vehicles that are used for the transportation of liquefied natural gas. These chapter provisions are also intended to provide the requirements for the design, construction, and operation of tank motor vehicles and certain features of tank motor vehicle chassis for the transportation of liquefied natural gas.

SECTION 43. Sections 23-33-1, 23-33-9.1, 23-33-11 and 23-33-28 of the General Laws in Chapter 23-33 entitled "Elevators, Escalators and Dumbwaiters" are hereby amended to read as follows:

23-33-1 Definitions.-- In {DEL sections 23-33-2 --23-33-29, inclusive DEL}{ADD this chapter ADD}, unless the context otherwise requires:

(1) "Commission" means the code commission for occupational safety and health created under section 28-20-22.

(2) "Code of rules" means the standard code of rules formulated and adopted by the code commission for occupational safety and health under the provisions of this chapter and of chapter 20 of title 28.

(3) "Compliance inspector" means an industrial safety technician (also known as a safety compliance inspector) who holds a certification as a Qualified Elevator Inspector as required by the American Society of Mechanical Engineers and is appointed by the director of labor and training under the provisions of chapter 20 of title 28.

(4) "Authorized inspector" means an inspector of elevators employed by (1) an insurance company, or making inspection for an insurance company, or (2) any person, firm, or corporation engaged in the business of inspecting elevators, to whom, under the provisions of this chapter, a permit is issued either as a result of an examination or because of experience and fitness, as determined by the chief of the division of occupational safety.

(5) "Elevator" means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. The term "elevator" or other device, whenever used in {DEL sections 23-33-2 --23-33-29, inclusive DEL}{ADD this chapter ADD}, shall include but not be limited to dumbwaiters, vertical reciprocating conveyors, wheelchair lifts, and material lifts. The term "elevator" shall also include any lifting and lowering mechanisms moving in fixed guides, erected and used solely during and in aid of the construction, alteration, or demolition of buildings.

(6) "Escalator" means a moving, inclined, continuous stairway, or runway used for raising or lowering passengers.

(7) "Owner" means any person owning, operating, or in charge or control of any elevator or escalator, or other device subject to the provisions of this chapter as {DEL herein DEL}defined {ADD in this section ADD} .

(8) "Building" means any structure existing or hereafter erected in any part of this state except a private dwelling when used as such, and except any building located on a United States government reservation.

(9) "Chief Inspector" means the existing position of chief elevator inspector as appointed by the director of labor and training.

(10) "Director" shall mean the director of labor and training or his or her duly authorized representative.

(11) "Review board" shall mean the occupational safety and health review board created under section 28-20-19.

(12) "Qualified service company" shall mean a firm or corporation engaged in the business of construction, installation, maintenance or repair of elevators, escalators or other devices subject to the provisions of {DEL sections 23-33-1 --23-33-29, inclusive DEL}{ADD this chapter ADD}, to which a license to conduct such business has been issued by the administrator of the division of occupational safety.

(13) "Qualified mechanic" shall mean a person employed by a qualified service company to whom, due to experience and qualifications, a license to construct, install, maintain, or repair elevators, escalators or other devices subject to the provisions of {DEL sections 23-33-1 --23-33-29, inclusive DEL}{ADD this chapter ADD}, has been issued by the administrator of the division of occupational safety.

(14) "Full Maintenance Contract" shall mean a signed contract between a qualified service company and the owner or responsible party of an elevator, escalator, or other device subject to the provisions of {DEL sections 23-33-1--23-33-29, inclusive DEL}{ADD this chapter ADD}. The contract shall provide that all parts of the elevator or other device shall be maintained in compliance with the rules and regulations promulgated by the commission and shall provide for service inspections by a qualified mechanic within specific periods for the duration of the contract. Code revisions, vandalism, or acts of God are excluded from the contract unless specifically stated within the contract. In addition, the contract shall state the number of non-chargeable service calls, per month as well as the rate for emergency or chargeable calls. The contract shall also provide a means of emergency dispatching and reasonable response time.

23-33-9.1 Owner's responsibility.-- (a) Each owner of an elevator, or other device subject to the provisions of this chapter, shall maintain the {DEL aforesaid DEL}{ADD elevator or device ADD}in such a manner by code requirement to insure the safety of all those who use this mode of transportation.

(b) Each owner shall comply with all safety codes, rules and regulations promulgated under this chapter.

23-33-11 Periodic inspections --Right of access --Consultation with person in charge.-- The chief, or any compliance inspector, or any authorized inspector shall make the required inspection of each elevator or other device subject to the provisions of this chapter at least once a year, except that each elevator or other device subject to a full maintenance contract with a qualified service company shall be inspected at least once every two years, and more often if the chief or inspector shall deem it necessary. The owner of any elevator or device subject to inspection under the provisions of {DEL sections 23-33-1 --23-33-29, inclusive DEL}{ADD this chapter ADD}, shall allow the compliance inspector free access to the elevator or device at all reasonable times. The compliance inspector shall comply with the convenience and business requirements of the owner as far as he or she reasonably can. The chief, or the compliance inspector, shall consult with the engineer or other person in charge of each elevator or device as to condition and operation thereof, and if he or she shall thereby discover or in any manner learn of any defect or imperfection in that elevator or device, or any dereliction or carelessness on the part of the engineer or other person in charge of the elevator or device relative thereto, or to the operation thereof, the chief or inspector shall, as soon as may be expedient, give notice thereof to the owner of the elevator or device.

Prior to the termination of any elevator or device contract becoming effective, the service company shall be required to provide written notice by certified mail to be sent no less than ten (10) days prior to the date of contract termination to the department of labor and training.

23-33-28 Municipal regulation.-- No city or town shall have power to make any ordinance, by-law or resolution concerning elevators, escalators, or other devices subject to the provisions of this chapter regarding the inspection, licensing, construction, installation, maintenance or repair of any elevator, escalator or other device subject to the provisions of sections 23-33-1 --23-33-29, inclusive, within the limits of such city or town, and any ordinance, by-law or resolution heretofore made or passed or concerning any of the matters {DEL aforesaid DEL}{ADD subject to this chapter ADD}, shall be void and of no effect. Any application made to municipalities shall be immediately forwarded for consideration and inspection to the division of occupational safety.

SECTION 44. Section 23-38-3 of the General Laws in Chapter 23-38 entitled "Degradable Connectors and Nondetachable Metal Openers for Beverage Containers" is hereby amended to read as follows:

23-38-3 Penalty for violation.-- A person who violates this {DEL section DEL} {ADD chapter ADD} shall be deemed guilty of a violation and shall be fined not more than two hundred fifty dollars ($ 250). Each day that such violation continues or exists shall constitute a separate offense.

SECTION 45. Section 23-39-9 of the General Laws in Chapter 23-39 entitled "Respiratory Care act" is hereby amended to read as follows

23-39-9 Other licensing provisions.-- (a) Every graduate of a board approved respiratory care school who has filed a respiratory care practitioner application may, upon receiving a receipt from the division of professional regulation, perform as a respiratory care practitioner under the supervision of a respiratory care practitioner licensed in this state.

During this period the applicant shall identify himself or herself only as a "graduate respiratory care practitioner."

If the applicant shall fail to take the next succeeding examination without due cause or fail to pass the examination and receive a license, all {DEL aforementioned DEL}{ADD described in subsection (a) (1) ADD} privileges shall automatically cease.

(b) Unless licensed as a respiratory care practitioner under the respiratory care act, no person shall use any title or abbreviation to indicate that the person is a licensed respiratory care practitioner.

(c) Verification of a valid license issued pursuant to this chapter shall be available at the respiratory care practitioner's place of employment.

(d) Licenses, including initial licenses, shall be issued for a period of two (2) years.

(e) License renewal dates will be set by the division.

SECTION 46. Section 23-59-13 of the General Laws in Chapter 23-59 entitled "Continuing Care Provider Registration and Disclosure " is hereby amended to read as follows:

23-59-13 Special provisions for existing providers --Rights of residents with certain existing providers.-- (A) Providers existing prior to June 18, 1987 shall comply with{DEL its DEL} {ADD this chapter's ADD} provisions within six (6) months of that date. However, the department may extend the period within which an existing facility shall comply with this chapter for an additional six (6) months, for good cause shown.

(B) Continuing care contracts entered into prior to June 18, 1987 or prior to registration of the provider shall be valid and binding upon both parties in accordance with their terms.

SECTION 47. Section 23-61-10 of the General Laws in Chapter 23-61 entitled "Radon Control" is hereby amended to read as follows:

23-61-10 Exemptions.-- The provisions of sections 45-13-7 through 45-13-10 shall not apply to this {DEL section DEL}{ADD chapter ADD}.

SECTION 48. Section 23-63-4.1, 23-63-4.2, 23-63-4.3 and 23-63-5 of the General Laws in Chapter 23-63 entitled "Vehicle Tire Storage and Recycling" are hereby amended to read as follows:

23-63-4.1 Tire site remediation account.-- There is hereby created a separate account to be held by the {DEL Port Authority DEL} {ADD corporation ADD}to be known as the tire site remediation account. All fees, revenues, assessments, fines, forfeitures, and other funds collected or received pursuant to this chapter shall be deposited into the tire site remediation account and used for the purposes specified in section 23-63-4.2. The Department of Environmental Management shall be authorized to spend such funds specified in this section pursuant to section 23-63-4.2.

23-63-4.2 Allocation of funds.-- The funds deposited into the tire site remediation account shall be used for the following activities:

(a) No less than ninety percent (90%) of all funds shall be used for the cleanup, recycling and disposal of tires in existing tire piles and for the overall investigation of, and design of remedial actions for properties of economic concern pursuant to chapter 19.14 of title 23;

(b) No more than ten percent (10%) of all funds shall be used to assist cities and towns with the collection and proper disposal of waste tires in their respective communities;

(c) The {DEL Port Authority DEL} {ADD corporation ADD} shall borrow money and issue its bonds and notes for the purposes set forth in this section in an amount not to exceed eight million dollars ($ 8,000,000) and pursuant to the authority and procedures set forth in chapter 64 of title 42, which shall be secured by pledging or assigning, in whole or in part, the monies held or to be deposited in the tire site remediation account; and

(d) All amounts in the tire site remediation account, fees, and any other revenues, assessments, fines, forfeitures, and other funds collected or received pursuant to this chapter for deposit into the tire site remediation account shall be deemed to be trust funds to be held and applied solely as provided in this chapter and chapter 19.14 of title 23.

23-63-4.3 Revenue bond repayment fee.-- (a) There shall be imposed on all tires sold at retail a fee of seventy-five cents ($ 0.75) per vehicle tire. The fee shall be separately stated and collected upon the sale by the retailer from the consumer at the point of sale.

(b) On June 30th of each year every retailer shall pay to the tax administrator to be deposited in the tire site remediation account all fees collected in the previous twelve (12) month period pursuant to subsection (a) except that on June 30, 1993 each retailer shall pay to the tax administrator all fees collected during the preceding six (6) month period. At the same time, the retailer shall file a return in such form as the tax administrator may by regulation prescribe. If such fees are not paid to the tax administrator when due, or if any such return is not filed when due, there shall be added to the fees and made a part thereof interest at the rate set forth in section 44-1-7 from the date when the fees became due until the date of payment. The tax administrator shall hold the fees, together with any other revenues, assessments, fines, forfeitures, and other funds collected or received pursuant to this chapter in a restricted account and shall remit the same to the {DEL Port Authority DEL} {ADD corporation ADD} on August 1 of each year. Any interest actually collected on such fees prior to deposit with the {DEL Port Authority DEL} {ADD corporation ADD} while held by a retailer shall accrue to the benefit of said retailer.

23-63-5 Penalty.-- Any person who violates sections 23-6-2, 23-63-3 or 23-63-4 and 23-63-4.9(b) of this chapter shall be fined not more than one thousand dollars ($ 1,000) per occurrence. Fines collected pursuant to this section shall be remitted to the {DEL Port Authority DEL} {ADD corporation ADD}for deposit in the tire site remediation account. Each day that the violation continues or exists shall constitute a separate occurrence. The provisions of this chapter may also be enforced by an action for injunctive or other relief in the superior court for Providence county to be brought by either the department of environmental management or the attorney general.

SECTION 49. Section 23-65-12 and 23-65-13 of the General Laws in Chapter 23-65 entitled "Board of Certification of Operators of Public Water Supply Facilities" are hereby amended to read as follows:

23-65-12 Disciplinary actions.-- The board may revoke, suspend or otherwise discipline the holder of a certificate issued under this chapter when it is found that the individual performed his duties in a negligent manner that produced a supply below the standards normal for the particular facility operated; or that he has practiced fraud or deception; or that reasonable care, judgment or the application of this knowledge or ability was not used in the performance of his duties or that an individual is incompetent or unable to perform his duties properly or performed duties in violation of chapter 13 of title 46 or regulations promulgated under chapter 13 of title 46. The board must grant a hearing to any operator prior to deliberations regarding or decision of revocation. Appeal from the decision may be made as provided under chapter 35 of {DEL this title DEL}{ADD title 42 ADD}.

23-65-13 Penalty for violation.-- Any person who shall be found guilty of violation of any of the provisions of this chapter or any rules and regulations adopted {DEL hereunder DEL} {ADD under this chapter ADD} shall be punished by a fine of not more than five hundred dollars ($ 500) or by imprisonment for not more than thirty (30) days, or both by such fine or imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which such violation is repeated or continued.

SECTION 50. Section 23-66-2 of the General Laws in Chapter 23-66 entitled "Comprehensive Health Risk Assessments" is hereby amended to read as follows:

23-66-2 Assessment.-- Any party or parties wishing to construct and operate a new sewage sludge incineration facility (hereinafter called the "proponent") shall complete an assessment. The assessment shall comply with the requirements listed within this {DEL statute DEL} {ADD chapter ADD} as well as any rules, regulations and/or guidance pertaining to the assessment issued by the department of environmental management.

SECTION 51. Section 23-68-5 and 23-68-6 of the General Laws in Chapter 23-68 entitled "Tanning Facility Safety Standards Act" are hereby amended to read as follows:

23-68-5 Certification of facilities.-- The director of the department of health shall certify that a facility is in compliance with the safety standards established pursuant to section 23-68-4 and shall annually inspect the facility to ensure continued compliance with safety standards {DEL herein DEL} enumerated {ADD in this chapter ADD}.

23-68-6 Registration of facilities.-- (a) A tanning facility shall register annually with the department of health on forms provided by said department and shall pay to said department an annual registration fee established by said director for said license.

(b) The director of the department of health shall establish a registration fee schedule, by regulation, to cover the costs of implementing the provisions of this chapter, including the costs incurred by said director pursuant to the provisions of section {DEL 5 hereof DEL}{ADD 23-68-5 ADD}.

SECTION 52. Section 24-1-12 of the General Laws in Chapter 24-1 entitled "Laying Out and Taking by Cities and Towns" is hereby amended to read as follows:

24-1-12 Late filing of petition.-- In case any owner of or any person having an estate or interest in real property shall fail to file his or her petition as {DEL above DEL} provided {ADD in section 24-1-8 ADD}, the superior court for the county in which the real property is situated, in its discretion, may permit the filing of such petition within one year subsequent to the year following the time of the deposit in the superior court of the sum of money estimated to be just compensation for the property taken; provided, the person shall have had no actual knowledge of the taking of the land in season to file the petition; and provided, no other person or persons claiming to own the real property or estate or interest therein shall have been paid the value thereof; and provided, no judgment has been rendered against the city or town for the payment of the value to any other person or persons claiming to own the real estate.

SECTION 53. Section 24-2-3, 24-2-4, 24-2-5 and 24-2-7 of the General Laws in Chapter 24-2 entitled "Highways by Grant or Use" are hereby amended to read as follows:

24-2-3 Appeal of declaration.-- Every person aggrieved by such proceedings {ADD described in section 24-2-2 ADD} may appeal therefrom to the superior court.

24-2-4 Platting of highway.-- In declaring lands which have been quietly, peaceably and actually used and improved and considered as public highways and streets for the space of twenty (20) years, to be public highways as {DEL aforesaid DEL}{ADD provided in section 24-2-1 ADD}, the town council of the town in which the lands lie shall determine, mark out, plat, or cause to be marked out and platted, the lands, in width as well as length, by use and improvement appropriated as public highways, and declared as such, and shall cause the plats to be recorded; but nothing {DEL herein DEL} contained {ADD in this section ADD} shall be so construed as to affect the requirements or provisions of section 24-2-3.

24-2-5 Platting of highways previously declared.-- In case any lands have previously been declared to be a public highway under section 24-2-1, and no such plat was made and recorded as {DEL aforesaid DEL}{ADD provided in section 24-2-4 ADD}, the town council may cause the lands, appropriated by such declaration as a public highway, to be marked out, platted, and recorded as provided in section 24-2-4; in which case they shall give the notice and their proceedings shall be subject to the appeal above provided {ADD in section 24-2-3 ADD}.

24-2-7 Proceedings and plats as evidence of highway.-- The proceedings before the town council under sections 24-2-1 to 24-2-6, inclusive, insofar as the proceedings shall not have been set aside on appeal as {DEL above DEL} provided {ADD in section 24-2-3 ADD}, with the accompanying plat or duly certified copies thereof, shall forever thereafter be conclusive evidence upon the town and all parties notified, and their privies, as to the existence of the highway in width and length as platted, and prima facie evidence thereof as to all others.

SECTION 54. Section 24-3-3, 24-3-6, 24-3-25, 24-3-28 of the General Laws in Chapter 24-3 entitled "Improvement and Grading by Towns" are hereby amended to read as follows:

24-3-3 Hearing on enlargement or relocation in towns --Commissioners of estimate and assessment.-- Whenever the town council of any town {DEL hereinafter DEL}named {ADD in section 24-3-17 ADD}, shall adjudge it to be necessary to lay out, enlarge, straighten, improve, or alter any street or highway, or any part thereof, in the town, the council may cause the same to be done in the manner following: Whenever any lands shall be required for the purpose aforesaid, and the town council shall be of the opinion that any estates will be specially benefited thereby, the council shall, after notice to all persons interested, which notice shall specify the time and place of the meetings of the council and the nature and extent of the intended improvement, and after hearing all persons who desire to be heard in the matter, appoint not less than three (3) nor more than five (5) discreet and disinterested persons as commissioners of estimate and assessment, who may be residents and taxpayers in the town; and the council may at the same time determine that a portion of the damage occasioned by taking any real estate for the aforesaid purpose, not exceeding three-fourths (3/4) thereof, shall be assessed upon the owners of estates which the commissioners shall find will be specially benefited by making the proposed improvement, whether any part of the estates are taken for the improvement or not; provided, that the owners shall not be assessed in any case beyond the amount that the commissioners shall consider their estates to be specially benefited thereby. The commissioners, before entering upon the duties of their office, shall be severally engaged to the faithful discharge of the trust and duties required of them.

24-3-6 Filing and notice of report.-- The town council or city council shall, within fourteen (14) days after the making of a report, cause personal notice to be served upon all persons named in the report, residing in the state, and shall also cause a copy of the notice to be published, as {DEL hereinafter DEL}provided {ADD in section 24-3-7 ADD}, to the effect that the report has been filed in the clerk's office, and that any person aggrieved by the report must file, with the clerk of the superior court for the county where the town or city is situated, a notice in writing of his or her intention to claim a jury trial as provided in section 24-3-8; and they shall also cause a copy of the report to be filed with the clerk of the superior court.

24-3-25 Liability for cost of curbs.-- Whenever any highway shall be graded, and sidewalks established therein, and the sidewalks shall be ordered to be curbed as {DEL is hereinbefore DEL} provided {ADD in section 24-3-24 ADD}, the owners of land abutting on the sidewalks shall pay the cost of the curbstones to be set against their respective lands.

24-3-28 Appeal of appraisals and assessments.-- Every person having been notified as {DEL aforesaid DEL}{ADD provided in section 24-3-23 ADD}, and having objected in writing to the action of the town council, on or before the day specified in the notice, who shall be aggrieved by any appraisal of damages made by any town council under the provisions of section 24-3-27, or who shall be aggrieved by the assessment of any curbstone tax ordered as is {DEL hereinbefore DEL} provided {ADD in section 24-3-25 ADD}, may appeal therefrom according to the provisions of law with reference to appeals from town councils.

SECTION 55. Sections 24-3-10, 24-3-11 and 24-3-12 of the General Laws in Chapter 24-3 entitled "Improvement and Grading by Towns" are hereby amended to read as follows:

24-3-10 Taking of possession by town --Removal of crops and improvements.-- The town or city, after electing by the town or city council to make the improvements as {DEL aforesaid DEL}{ADD provided in section 24-3-9 ADD}, shall become seised of all the land in the report mentioned that shall be required for making the improvements, in trust for use as a public highway. And the town or city may, by the person and at such time as the town council or city council shall order, take possession of the land or any part thereof, without any process of law, and remove all buildings and other impediments as the town council or city council shall order and direct; provided, that the owner of the land shall have the right, within thirty (30) days after the town or city council shall have elected to make the improvements, or within such further time as the town council or city council may grant, to remove all crops, trees, buildings or other improvements thereon, for his or her own use and benefit.

24-3-11 Confirmation of reports.-- The town council or city council, after the election to make improvements, as {DEL aforesaid DEL}{ADD provided in section 24-3-9 ADD}, shall confirm the report of the commissioners to all persons who have not given notice of their intention to claim a jury trial as aforesaid, and shall finally confirm the report, as to those persons who shall have claimed a trial by jury, in accordance with the verdicts rendered, or in accordance with such other disposition as shall have been made of the claims for a jury trial; and the report, so confirmed, shall be final and conclusive upon the parties.

24-3-12 Termination of leases and contracts on land taken.-- Whenever the whole of any lot or parcel of land, or any building under lease or other contract, shall be taken as {DEL aforesaid DEL}{ADD provided in section 24-3-10 ADD}, for any of the purposes {DEL aforesaid DEL}{ADD as provided in this chapter ADD}, upon the election of the town or city council, as provided in this chapter, to make improvements, the lease or contract shall immediately cease and determine and be absolutely discharged. In case only part of any parcel of real estate so under lease or other contract shall be taken, all contracts and engagements respecting the same shall, from the time of the aforesaid election, cease and determine, and be absolutely discharged as to the part so taken, but shall remain valid as to the residue, and the rents, considerations and payments, reserved or payable and to be paid for or in respect of the time, shall be apportioned so that the just proportional part thereof shall be demanded or paid or recoverable for or in respect of the same.

SECTION 56. Sections 24-5-1, 24-5-8, 24-5-15, 24-5-21, 24-5-30 and 24-5-33 of the General Laws in Chapter 24-5 entitled "Maintenance of Town Highways" are hereby amended to read as follows:

24-5-1 Duty of town to maintain highways.-- All highways, causeways, and bridges, except as is {DEL hereinafter DEL} provided {ADD by this chapter ADD}, lying and being within the bounds of any town, shall be kept in repair and amended, from time to time, so that the same may be safe and convenient for travelers with their teams, carts and carriages at all seasons of the year, at the proper charge and expense of the town, under the care and direction of the town council of the town, provided that the state of Rhode Island shall be responsible for the annual cleaning of all sidewalks on all state highways, causeways, and bridges.

24-5-8 General duties of surveyors of highways.-- Every surveyor of highways shall execute the directions given to the surveyor by the town council or the committee thereof{DEL herein DEL}{ADD as ADD} provided for {ADD in this chapter ADD}, and shall purchase and use such materials and employ such personnel, teams, and road-making apparatus as may be necessary therefor at the rates of compensation fixed by the town council. The surveyor shall keep himself or herself informed as to the condition of all the highways in the surveyor's district, taking particular care to do so immediately after all storms and freshets, and shall seasonably communicate such information to the town council or to the committee thereof having care of his or her district; and it shall be the surveyor's duty, in case of sudden and unforeseen damage to any highway or bridge, to forthwith repair the same at the expense of the town so that it will be safe and passable, without instruction or direction from such council or committee.

24-5-15 Penalty for failure to remove snow.-- If the snow is allowed to remain in any public highway in any town so as to obstruct any person in passing along the highway with his or her team, sled or sleigh, for twenty-four (24) hours after the highway shall become obstructed, the town shall be fined not less than ten dollars ($ 10.00) nor more than one hundred dollars ($ 100); but nothing herein contained shall be so construed as to subject any town to the fine {DEL aforesaid DEL} {ADD provided for in this ADD} {ADD section ADD} if the surveyor of highways, or some other person duly authorized for that purpose by the town, with the power vested in him or her by the laws of the state, shall have commenced the removal of the obstructions within the time aforesaid, and shall within three (3) days remove the same.

24-5-21 Penalty for neglect of boundary line bridge.-- If any town adjoining any boundary line bridge shall refuse or neglect to keep in good repair the part of the bridge within and next adjoining the line of the town, the town so neglecting or refusing shall be fined not less than twenty dollars ($ 20.00) nor more than one thousand dollars ($ 1,000), and execution shall issue for the amount of the fine and costs against the town; but nothing {DEL herein DEL} contained {ADD in this section ADD} shall be so construed as to impair any agreement made between any towns relative to the supporting and repairing of bridges.

24-5-30 Erection of guideposts --Specifications.-- Such town councils shall cause to be erected and maintained, at the several corners and angles so determined {ADD pursuant to section 24-5-28 ADD}, substantial posts not less than eight feet (8') high, upon the upper end of which shall be placed a board upon which shall be plainly and legibly painted the name of the next town, with the other noted town or place as may be judged most expedient for the direction of travelers, to which each of the roads may lead, together with the number of miles to the next town; and also the figure of a hand, with the forefinger thereof pointing toward the town or place to which the said road may lead.

24-5-33 Injury to guideposts.-- Every person who shall injure, mar or deface any guidepost or its substitute, agreed upon as {DEL aforesaid DEL}{ADD provided in section 24-5-31 ADD}, or board which shall be set up as is {DEL herein DEL} provided {ADD by this chapter ADD}, shall be fined not exceeding twenty dollars ($ 20.00) nor less than five dollars ($ 5.00) to the use of the town.

SECTION 57. Section 24-6-1of the General Laws in Chapter 24-6 entitled "Abandonment by Towns" is hereby amended to read as follows:

24-6-1 Order of abandonment --Reversion of title --Notice.-- Whenever, by the judgment of the town council of any town, a highway or driftway in the town, or any part of either, has ceased to be useful to the public the town council of the town is authorized so to declare it by an order or decree which shall be final and conclusive; and thereupon the title of the land upon which the highway or driftway or part thereof existed shall revert to its owner, and the town shall be no longer liable to repair the highway or driftway; provided, however, that the town council shall cause a sign to be placed at each end of the highway or driftway, having thereon the words "Not a public highway", and after the entry of the order or decree shall also cause a notice thereof to be published in a newspaper of general circulation, printed in English at least once each week for three (3) successive weeks in a newspaper circulated within the city or town and a further and personal notice shall be served upon every owner of land abutting upon that part of the highway or driftway which has been abandoned who is known to reside within this state but nothing {DEL herein DEL} contained {ADD in this chapter ADD} shall in any manner affect any private right-of-way over the land so adjudged to be useless as a highway or driftway, if the right had been acquired before the taking of the land for a highway or driftway. Provided, however, that the town of Coventry and any community, with a population of not less than one hundred thousand (100,000), receiving a request for the abandonment of a highway or driftway from an abutting property owner may sell the highway or driftway to the abutting owner at fair market value; and provided, further, that the town of North Providence, upon receiving a request for the abandonment of a highway or driftway from an abutting property owner may sell the highway or driftway to the abutting owner at fair market value; and provided, further, that the city of Cranston, upon receipt of a request for abandonment of a highway or driftway within the city of Cranston, where the sale of the highway or driftway to an abutting owner would result in the creation of a new lot which would be in compliance with the minimum area requirement for construction of a building which is a permitted use, may sell the highway or driftway to the abutting owner at fair market value.

Provided further that nothing in this section shall apply to private ways regardless of their use or maintenance thereof by any municipal corporation.

SECTION 58. Sections 24-7-3, 24-7-5 and 24-7-8 of the General Laws in Chapter 24-7 entitled "Sidewalks" are hereby amended to read as follows:

24-7-3 Division of costs between town and landowners.-- Whenever any sidewalk in and upon any street or highway shall be ordered made and laid as {DEL hereinbefore DEL}provided {ADD in section 24-7-2 ADD}, the owners of the land abutting on the sidewalk shall pay one-half (1/2) the costs thereof to be set against their respective lands, and the town shall pay the balance of the costs thereof.

24-7-5 Appeal of assessment.-- Whenever any abutting landowner shall deem himself or herself aggrieved by the assessment of any tax for the making and laying of any sidewalk, as {DEL hereinbefore DEL} provided {ADD in section 24-7-4 ADD}, the landowner may appeal therefrom, according to provisions of law with reference to appeals from town councils.

24-7-8 Sidewalks along state highways.-- Nothing {DEL herein DEL} {ADD in this chapter ADD} shall be held to oust the state of jurisdiction over any such sidewalks and curbing as may be made, laid or constructed upon state highways within a town, but no sidewalks or curbing on state highways shall be made, laid or constructed without the approval of the director of transportation first being had and obtained as to the feasibility, location, type and time of construction.

SECTION 59. Sections 24-8-7, 24-8-8, 24-8-15, 24-8-17 and 24-8-24 of the General Laws in Chapter 24-8 entitled "Construction and Maintenance of State Roads" are hereby amended to read as follows:

24-8-7 Specifications for curbs and sidewalks.-- Whenever and wherever the director of transportation shall order and cause the building and construction of curbs and sidewalks as {DEL hereinbefore DEL} provided{ADD in this chapter ADD}, the curb shall be made and constructed of a suitable and hard material. The curb shall be set and shall not project above the edge of the highway more than twelve inches (12") nor less than four inches (4") . The width of the curb at the top shall not be more than twelve inches (12") and not less than four inches (4"). The sidewalk shall be made and constructed of a suitable and hard material with a smooth hard finished surface or face. Whenever and wherever feasible and practical, the surface or face of the sidewalk shall be set and laid flush with the top of the curb and shall not be less than four feet (4') wide from the inside top edge of the curb.

24-8-8 Space between curb and traveled highway.-- The director of transportation whenever and wherever laying out the plans and drawing up the specifications for the building and construction of curbs and sidewalks, as {DEL hereinbefore DEL} provided {ADD in this ADD} {ADD chapter ADD}, shall, whenever and wherever feasible and practical, cause and order the curb to be placed and set back from the outside paved or metal edge of the state road not less than eight feet (8'). The intervening part of the road between the outside paved or metal edge of the road and the curb shall be brought up to the proper grade and line of the road and shall have a continuous smooth surface so that the road shall have a continuous smooth surface from the center line of the road to the face of the curb. Whenever and wherever the director of transportation decides that in his or her opinion and judgment on certain roads and portions of certain roads it is not feasible and practical to build and construct the curb placed and set back not less than eight feet (8') from the outside paved or metal edge of the roads as {DEL hereinbefore DEL} provided {ADD in this chapter ADD}, the director of transportation shall cause and order the curb placed and set against the outside paved or metal edge of the roads; provided, the adjacent outside lane of vehicle travel of the paved or metal portion of the road is not less than twelve feet (12') in width where feasible and practicable.

24-8-15 Snow and ice removal --Notice of defects.-- (a) Every such town or city shall at its own expense keep such state road within its limits, respectively, sufficiently clear of snow and ice so the road shall be reasonably safe for travel as now required by law, and shall at once notify in writing the director of transportation or his or her employees of any defect or want of repair of {DEL such DEL}{ADD state ADD} roads {ADD within it's ADD} {ADD limits ADD}.

(b) Notwithstanding any other provision of law or state policy regarding the removal of snow and ice from state maintained roads, the application of de-icing agents to any road within the Scituate watershed shall, whenever possible and not precluded by the severity of road conditions, be in the premixed ratio of four (4) parts sodium chloride to one part calcium chloride, which de-icing mix shall be applied at the ratio of two (2) parts de-icing agent to seven (7) parts sand at the rate of one hundred seventy (170) pounds per lane mile.

All storage piles or areas where road de-icing agents are stored within the Scituate watershed shall be adequately covered and stored on an impervious base to mitigate runoff impacts to ground and surface waters. The director of the department of transportation shall ensure where funds allow, that all drivers, loaders and handlers of de-icing agents within any watershed participate in training sessions in the proper application and control of road de-icing agents; that de-icing vehicles, wherever feasible, operating within the Scituate watershed area equipped with sensor devices to control the spread rate of de-icing materials in relation to the speed of the vehicle.

For purposes of this section the "Scituate watershed" shall mean the total drainage area into the Scituate Reservoir --an area of some 92.8 square miles in the towns of Scituate, Johnston, Foster, Glocester and Smithfield --which because of its topography, soil type and drainage patterns acts as a collector of rain waters which replenish or regorge existing pubic drinking water supplies in the Scituate Reservoir.

24-8-17 Determination and payment of appropriations to the state, cities and towns.-- The amounts which the state, cities and towns shall receive from the appropriations provided for in this chapter, shall annually be determined by the state controller upon filing by the director of transportation of a report setting forth the number of miles of roads within the state and within each city and town which are functionally classified as: principal arterials, minor arterials, major collectors, minor collectors, and urban collectors, and within each city and town of the total number of motor vehicle registrations. The state controller is hereby authorized and directed, upon receipt by him or her of the report as {DEL herein DEL} provided {ADD in this section ADD}, to draw his or her orders upon the general treasurer in favor of the respective state budget officer for the payment of such sums, as may from time to time be required, or become due to the respective state, city or town under the provisions of this chapter. {DEL None of the DEL} {DEL above DEL} {ADD Nothing in this section ADD} shall affect the federal aid transportation program.

24-8-24 Bridges incorporated into state system --Responsibility for maintenance.-- All bridges so repaired, constructed or reconstructed pursuant to the provisions {DEL hereinbefore DEL} set forth {ADD in this chapter ADD} shall, upon the completion of the construction, reparation or reconstruction, be and become a part of the state highway system, and shall henceforth be repaired, maintained and reconstructed by the state under the supervision of the director of transportation, except that where any of the bridges are used by any public utility, then the public utility shall pay in the manner provided by section 24-8-23 toward the maintenance, reparation and reconstruction of the bridge

SECTION 60. Section 24-8.1-5 of the General Laws in Chapter 24-8.1 entitled "Relocation of Utility Services" is hereby amended to read as follows:

24-8.1-5 Public utility and other acts unaffected.-- Nothing {DEL herein DEL}contained {ADD in this chapter ADD} shall be deemed to repeal, abridge, or modify the provisions of the Public Utilities Act, compiled in title 39, or any related acts now in force.

SECTION 61. Section 24-9-5 of the General Laws in Chapter 24-9 entitled "Storm Emergency Account" is hereby amended to read as follows:

24-9-5 Liberal construction --Powers additional.-- The provisions of this chapter shall be liberally construed in order to accomplish the purposes hereof and to permit the director to adequately cope with any emergency which may arise, as {DEL aforesaid DEL}{ADD provided in this chapter ADD}; and the powers herein vested in the director of transportation shall be construed as being in addition to all other powers presently vested in him or her, and not in derogation of any existing powers.

SECTION 62. Section 24-10.1-5 of the General Laws in Chapter 24-10.1 entitled "Outdoor Advertising" is hereby amended to read as follows:

24-10.1-5 Removal of non-conforming advertising.-- Any sign, display or device lawfully in existence along the interstate system or the primary system on May 6, 1966 and which is not in conformity with the provisions contained {DEL herein DEL} {ADD in this ADD} {ADD chapter ADD} shall not be required to be removed until July 1, 1970. Any other sign, display or device lawfully erected which does not conform to this chapter shall not be required to be removed until the end of the fifth year after it becomes non-conforming.

SECTION 63. Section 24-11-28 of the General Laws in Chapter 24-11 entitled "Jamestown Ferry" is hereby amended to read as follows:

24-11-28 Saving of existing rights.-- The passage of sections 24-11-22 to 24-11-29, inclusive 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 {DEL herein DEL} provided for {ADD in this chapter ADD} shall be deemed and held to be a continuation of all powers, duties, rights and obligations thereof.

SECTION 64. Section 29-8-6 of the General Laws in Chapter 29-8 entitled "Information Resources Management Board" is hereby amended to read as follows:

29-8-6 Term of office.-- (a) The term of office of the members specified in section 29-8-4(b), (c), (d), (e), (j), (k), ( l ), (m), {ADD and ADD} (o) {DEL and (p) DEL} shall be the same as the term of office by virtue of which they serve upon the board.

(b) The terms of the department directors appointed pursuant to section 29-8-4(a) shall be established in the board's operating policies or bylaws to be not less than two (2) years.

(c) All other members of the board appointed pursuant to section 29-8-4 shall serve for a term of four (4) years. Vacancies in the membership of the board shall be filled in the same manner as the original appointments. If a nominating organization changes its name, the subsequent organization having the same responsibilities and purposes shall be the nominating organization.

SECTION 65. Section 23-28.22-4 of the General Laws in Chapter 23-28.22 entitled "Flammable and Combustible Liquids" is hereby amended to read as follows:

23-28.22-4 Storage of flammable liquids other than as provided herein prohibited.-- No person shall store any flammable liquids at a bulk plant or service station except in accordance with {DEL these DEL} regulations {ADD in this chapter ADD}.

SECTION 66. Section 23-28.5-1 of the General Laws in Chapter 23-28.5 entitled "Inspection of Buildings" is hereby amended to read as follows:

23-28.5-1 Inspection of places where combustible materials accumulate.-- The authority having jurisdiction is hereby authorized and empowered to inspect at any reasonable hour all buildings, structures, or other places, except buildings used wholly as dwelling houses, where any combustible material, that is or may become dangerous as a fire menace to the buildings, structures, or other places, has been allowed to accumulate, or where the authority having jurisdiction has reason to believe that the material of a combustible nature had accumulated, or is liable to accumulate, provided, that any building constructed so as to be occupied as dwellings in more than one apartment, reached by common stairs, hallways, entries, or corridors, or shall be so constructed as to be occupied in part for a dwelling or dwellings, and in part for business purposes, the stairs, hallways, entries and corridors, basement, storage areas, boiler rooms, and laundry rooms thereof used in common, shall be subject to inspection in the daytime as is provided above, and the occupant or occupants thereof shall be subject to the same duties and liabilities as are provided {DEL above DEL}{ADD in the fire safety code ADD}, and shall likewise be subject to the provisions of section 23-28.5-3.

SECTION 67. Section 23-28.2-13 of the General Laws in Chapter 23-28.2 entitled "Division odf Fire Safety" is hereby amended to read as follows:

23-28.2-13 Reports of investigations.-- If upon investigation, the fire marshal believes that the evidence is sufficient to charge any person with the commission of any offense, the fire marshal shall report {DEL the same DEL} {ADD that investigation and belief ADD} to the attorney general. The fire marshal shall make a report of the same in writing and the report shall be filed in the office of the state fire marshal within ten (10) days after the making thereof.

SECTION 68. Section 23-28.1-8 of the General Laws in Chapter 23-28.1 entitled "Fire Safety Code-General provisions" is hereby amended to read as follows:

23-28.1-8 Maintenance of systems --Vacated buildings.-- (a) Every required automatic sprinkler system, fire detection and alarm system, {DEL exist DEL}{ADD exit ADD} lighting, fire door, and other items of equipment required by this code shall be continuously in proper operating condition.

(b) If any building covered by the provisions of this code should become vacant, all required sprinkler systems shall be maintained in operating condition during the period of time which the building is vacant. The chief of the local fire department may waive this requirement under the following conditions:

(1) The water supply to the system has been shut off and the system completely drained. The system has been inspected by the local fire department and determined to be in satisfactory condition.

(2) The system is equipped with fire department connections which will enable the local fire department to supply water to the system.

(3) The local fire department has the capability to supply adequate water to the system under emergency conditions

SECTION 69. Sections 9-18-5 and 9-18-13 of the General Laws in Chapter 9-18 entitled "Depositions" are hereby amended to read as follows:

9-18-5 Manner of taking depositions outside state for use in state.-- Depositions may be taken without this state to be used in the tribunals of this state, upon written notice conforming to the applicable rules of procedure, and shall be taken in the manner and with the formalities required by the law of this state or the state, district, territory, or country in which the same shall be taken; or second, shall be taken, if taken in any other state, district, or territory of the United States, before a commissioner appointed by the governor of this state, or before a judge, chancellor, justice of the peace, notary public, or civil magistrate of such state, district, or territory, respectively, or, if taken out of the United States, before a resident official of the United States, or, if the deponent to be in the military, air, or naval service of the United States, before a colonel, lieutenant-colonel, or major in the army or air force, or before any officer in the navy not below the grade and rank of lieutenant-commander. And in every such case under the second method, the party causing such depositions to be taken shall notify the adverse party, or his or her attorney of record, of the time and place appointed for taking the same; and such notification issued by the official before whom such deposition is to be taken shall be served, in the manner {DEL hereinbefore DEL} {ADD as ADD}provided {ADD in section 9-18-4 ADD}, such reasonable time before the taking of such deposition as will give the adverse party a full opportunity to be present in person or by attorney and put interrogatories to the deponent, if he or she thinks fit.

9-18-13 Manner of taking deposition in perpetual memory.-- The same formalities shall be observed as to notice, and the same methods may be employed, in the taking of depositions in perpetual memory, as in the taking of other depositions, and the officer taking the same shall have the same power and authority as magistrates taking other depositions to compel any person to appeal and depose as {DEL aforesaid DEL}{ADD provided in this chapter ADD}, within this state, in the same manner as to appear and testify in court. In case any person who is entitled to notice of the taking of such deposition shall be or reside outside of this state, such notice may be served by any disinterested person, and such other notice shall be given as the justice to whom such petition was presented may order.

SECTION 70. Sections 9-19-32 and 9-19-35 of the General Laws in Chapter 9-19 entitled "Evidence" are hereby amended to read as follows

9-19-32 Informed consent a preliminary question.-- In actions against licensed physicians as defined in section {DEL 5-37.1-1 DEL}{ADD 5-37-1(12) ADD}, hospitals, clinics, health maintenance organizations or professional service corporations providing health care services and organized under chapter 5.1 of title 7, for malpractice in providing treatment to patients, issues of informed consent or reasonable disclosure of all known material risks shall be initially considered by the court as preliminary questions of fact. Such issues shall be submitted to the jury by the court only in the event that it finds, after weighing the evidence and considering the credibility of the witnesses, that reasonable minds might fairly come to different conclusions in respect to such issues on the basis of the evidence presented and inferences to be drawn therefrom.

9-19-35 Failure to bill inadmissible in medical malpractice cases.-- (a) For the purposes of this section, "health care provider" means any licensed physician as defined in section {DEL 5-37.1-1 DEL} {ADD 5-37-1(12 ADD}), hospital, clinic, health maintenance organization or professional service corporation providing health care services and organized under chapter 5.1 of title 7, or any officer, employee or agent thereof acting in the course and scope of his employment.

(b) The failure of a health care provider to bill a patient for services rendered shall not be construed as an admission of liability and shall not be admissible in evidence as to liability in any hearing or trial of an action of tort or breach of contract for malpractice, error or mistake against a health care provider.

SECTION 71. Section 9-20-5 of the General Laws in Chapter 9-20 entitled "Decisions, Special Findings and Assessment of Damages" is hereby amended to read as follows:

9-20-5 Assumption of risk.-- Notwithstanding the provisions of section 9-20-4, in any legal action against the state of Rhode Island or any political subdivision thereof, an operator or passenger of (1) a recreational vehicle as defined in section {DEL 31-3.2-1(4)[(9)] DEL} {ADD 31-3.2-1(9) ADD}or (2) a snowmobile as defined in {DEL [ DEL}section 31-3.2-1(12){DEL ] DEL}, or (3) an All Terrain Vehicle (A.T.V.) or (4) a motor vehicle primarily designed for use off public roads shall, while on state property assume as a matter of law the risks inherent in such operation insofar as they are obvious and necessary.

The director of the department of environmental management shall post signs warning operators and passengers that they assume the risk of injury while on said property. Provided, however, that the lack of such signs shall not be admissible in a suit for negligence.

SECTION 72. Sections 9-25-13 and 9-25-24 of the General Laws in Chapter 9-25 entitled "Execution" are hereby amended to read as follows:

9-25-13 Variation of forms to comply with law.-- The court issuing an execution in any case in which no form shall be prescribed may vary the {DEL above DEL} forms {ADD as ADD} {ADD provided in this chapter ADD} so as to comply with the law governing the particular case.

9-25-24 Trustee's affidavit as to want of notice, accident, mistake, or excusable neglect.-- If any person named as the trustee of a defendant, who shall have been charged as trustee by reason of his default, shall make affidavit as to whether or not he had personal property of the defendant in his hands or possession at the time of the service of a writ in said action or suit upon him, and stating the amount or articles, if any, so in his hands, and that he failed to file an affidavit therein before he was charged by the court as the trustee of the defendant, either from want of actual notice of the service of said writ, or by accident, mistake or excusable neglect, and shall give such affidavit to the officer charged with the service of the execution (who shall annex such affidavit to his return on such execution), or, if execution has not issued, if such person shall file such affidavit in the court in which he has been charged, with the clerk, if there {DEL be DEL} {ADD is ADD} a clerk, otherwise with the justice thereof, and shall pay to said officer, clerk, or justice, respectively, the money paid for his attendance at the time of the service of the writ, and another like sum, and, in case execution has issued, shall pay to said officer the sum stated in his affidavit to be so in his hands, if any, or so much thereof as may be necessary to satisfy said execution, or, if the property in his hand as disclosed by his affidavit consists of specific articles, shall then deliver the same to said officer, no further proceeding shall be{DEL had therein DEL} {ADD commenced ADD}against such trustee, except as is provided in section 10-17-14, in case of a false answer or affidavit by the person summoned as trustee, and the officer shall pay the money paid to him by such trustee to the plaintiff, or take such specific articles on said execution.

SECTION 73. Section 9-26-6 of the General Laws in Chapter 9-26 entitled "Levy and Sale on Execution" is hereby amended to read as follows:

9-26-6 Setoff of executions.-- If any officer shall, at the same time, have two or more executions delivered to him to serve, in which the parties shall be reversed, and shall sue and be sued in the same right and capacity, he shall set off the debts or damages in the {DEL same DEL} {ADD actions ADD}and levy and collect the balance only that shall remain due thereon, with the costs on all said executions.

SECTION 74. Section 10-11-3 of the General Laws in Chapter 10-11 entitled "Bail of Persons Imprisoned on Civil Process" is hereby amended to read as follows:

10-11-3 Bail by indorsement of process.-- Instead of giving bond as {DEL aforesaid DEL}{ADD provided in section 10-11-2 ADD}, the person becoming bail may indorse his Christian name and surname on the back of the writ or process, which shall hold him as bail to the same extent as if he had executed and delivered a formal bail bond.

SECTION 75. Section 10-9-15 of the General Laws in Chapter 10-9 entitled "Habeus Corpus" is hereby amended to read as follows:

10-9-15 Notice to party on whose process restraint based.-- Whenever it appears, from the return of the writ, or otherwise, that the party is detained on any process under which any other person has an interest in continuing his imprisonment or restraint, the party shall not be discharged until sufficient notice shall have been given to {DEL such other DEL}{ADD the interested ADD} person or his attorney, if within the state or within thirty (30) miles of the place of examination, to appear and object to such discharge, if he think fit, which notice shall be given by the party imprisoned, in the manner prescribed by the court, or, in default thereof, he shall be remanded to the custody of the person against whom the writ of habeas corpus issued.

SECTION 76. Section 9-26-29 of the General Laws in Chapter 9-26 entitled "Levy and Sale on Execution" is hereby amended to read as follows:

9-26-29 Execution against body of sheriff for want of property.-- For want of goods and chattels and real estate or other property, subject to levy on execution, {DEL such DEL}{ADD the other ADD} sheriff or deputy shall take the body of the defendant sheriff and him commit to the adult correctional institutions, whenever the writ of execution shall command him so to do.

SECTION 77. Section 10-7-1.1 of the General Laws in Chapter 10-7 entitled "Death by Wrongful act" is hereby amended to read as follows:

10-7-1.1 Pecuniary damages --How determined.-- Pecuniary damages to the beneficiaries described under section 10-7-2 and recoverable by such persons shall be ascertained as follows:

(1) Determine the gross amount of the decedent's prospective income or earnings over the remainder of his life expectancy, including {DEL therein DEL} all estimated income he would probably have earned by his own exertions, both physical and mental. Pecuniary damages shall include the value of homemaker services lost as a result of the death of a homemaker. The fair value of homemaker services shall not be limited to moneys actually expended to replace the services usually provided by the homemaker. In such a suit, the value of homemaker services may be shown by expert testimony, but {DEL such DEL}{ADD expert ADD} testimony is not required.

(2) Deduct {DEL therefrom DEL} {ADD from the amount determined in subdivision (1) ADD} the estimated personal expenses that the decedent would probably have incurred for himself, exclusive of any of his dependents, over the course of his life expectancy.

(3) Reduce the remainder thus ascertained to its present value as of the date of the award. In determining said award, evidence shall be admissible concerning economic trends, including but not limited to projected purchasing power of money, inflation and projected increase or decrease in the costs of living.

SECTION 78. Section 9-33-4 of the General Laws in Chapter 9-33 entitled "Limits on Strategic Litigation Against Public Participation" is hereby amended to read as follows:

9-33-4 Construction of {DEL act DEL}{ADD chapter ADD}.-- Nothing contained {DEL herein DEL} {ADD in this chapter ADD} shall be construed to limit or affect any additional constitutional, statutory or common law protections of defendants in actions involving their exercise of rights of petition or of free speech.

SECTION 79. Sections 10-1-3, 10-1-4, 10-1-8 and 10-1-9 of the General Laws in Chapter 10-1 entitled "Abatement of Nuisances" are hereby amended to read as follows:

10-1-3 Temporary injunction --Enforcement.-- If it shall appear to the court at such hearing that the alleged nuisance exists, a temporary injunction shall issue enjoining any and all respondents from further maintaining or permitting the same, and from removing any personal property from the place where such nuisance is alleged to exist. It shall be within the power of the court to require any and all respondents to furnish a bond in a given amount, with or without surety, within such time as the court shall direct, conditioned upon the due observance of said injunction. Any violation of said injunction or any condition thereof shall be contempt of court to be punished as {DEL hereinafter DEL} provided {ADD in section 10-1-10 ADD}.

10-1-4 Application of rules of equity.-- Proceedings under this chapter shall follow the usual and accepted rules of equity, except as {DEL herein DEL} {ADD provided in this chapter ADD} or otherwise provided by statute or rule of court.

10-1-8 Dissolution of order to keep closed.-- (a) The owner or lessor of any such place {ADD ordered closed pursuant to 10-1-7 ADD} may, at any time, have the order to keep such place closed dissolved upon the payment of all costs incurred and upon the filing of a bond in such sum and with such surety as shall be fixed and approved by the court, conditioned upon the immediate abatement of the nuisance and against any further maintenance thereof, provided such owner or lessor shall prove to the satisfaction of the court that he had no knowledge and by the exercise of reasonable diligence could not have learned of the existence of said nuisance before the commencement of the action.

(b) The dissolution of such order to keep such place closed shall not release such place from any judgment, lien, penalty, or liability, to which it may be subject by law. If any person shall break and enter or use such place {ADD ordered closed pursuant to 10-1-7 ADD}, he shall be punished for contempt as {DEL hereinafter DEL} provided {ADD in section 10-1-10 ADD}.

10-1-9 Proceedings after conviction in criminal proceedings.-- In case the existence of a nuisance, as defined in sections 11-30-1 and 11-30-2, is established in criminal proceedings, the attorney general may proceed under this chapter to enforce the provisions and penalties {DEL hereof DEL}{ADD of this chapter ADD}, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive evidence as against such defendant as to the existence of a nuisance in proceedings under this chapter.

SECTION 80. Sections 9-12-4 and 9-12-10.1 of the General Laws in Chapter 9-12 entitled "District Court Practice" are hereby amended to read as follows:

9-12-4 Action on instrument originally exceeding jurisdictional amount.-- In all actions for the recovery of money due on any note or other instrument in writing, which was given originally for five thousand dollars ($ 5,000) or a larger sum, and which by indorsement or by acknowledgment is reduced to five thousand dollars ($ 5,000) or under, including principal and interest, suit may be brought before the district court as {DEL aforesaid DEL}{ADD provided in section 9-12-3 ADD}, and judgment may be entered thereon, and execution awarded, in the same manner as though such note or other instrument in writing had been originally given for the sum to which said note or other instrument in writing has been reduced.

9-12-10.1 Claim of appeal to superior court in landlord tenant actions.-- In any civil action pursuant to chapter 18 of title 34 entitled the "Residential Landlord and Tenant Act," in the district court or other appropriate court, any party may cause such case to be removed for trial on all questions of law and fact to the superior court for the county in which division the suit is pending, by claiming an appeal from the judgment of the district or other appropriate court, in writing, filed with the clerk of said division within five (5) days after the judgment is entered; provided, that the party claiming such appeal at the time of claiming the{DEL same DEL}{ADD appeal ADD}, shall pay to the clerk all costs including an attorney's fee of fifty dollars ($ 50.00) for the party or parties adversely interested in the judgment, to be paid by the clerk to the attorney for such adverse party; provided, further, that costs shall not be taxed, exclusive of said attorney's fee, at a sum less than twenty-five dollars ($ 25.00).

SECTION 81. Section 9-15-2 of the General Laws in Chapter 9-15 entitled "Referees, Auditors, and Masters in Chancery" is hereby amended to read as follows:

9-15-2 Reference without action or suit brought.-- Though no action or suit be brought or pending, as {DEL aforesaid DEL}{ADD provided in section 9-15-1 ADD}, the district court may permit any persons or corporations who have any cause or causes of action not following the course of equity and the superior court may permit any persons or corporations who have any cause or causes of action, existing between them, to enter into a rule of court to refer such cause or causes of action to the decision of one or more referees, as aforesaid, either jointly or severally, generally or specially; Provided, That no rule entered into in the district court under the provisions of this chapter shall be made for any claim or claims which exceed in amount the sum of five thousand dollars ($ 5,000).

SECTION 82. Sections 9-17-9, 9-17-10 and 9-17-22 of the General Laws in Chapter 9-17 entitled "Witnesses" are hereby amended to read as follows:

9-17-9 Commitment of attached witness --Recognizance.-- If the court from which such writ of attachment issues{ADD , pursuant to section 9-17-8, ADD} shall not be in session at the time of the service of such writ, the officer charged with the service thereof shall commit such witness to jail, either in the county from which the writ shall issue or in which such witness shall be, there to be kept until he shall give recognizance before some person authorized to take bail in the same county, with sufficient surety, in the sum of one hundred dollars ($ 100), to appear before said court on the day named in the writ, or, failing to give recognizance, until he be discharged by the court; and said recognizance shall be returned by such person to the clerk of said court.

9-17-10 Discharge from custody on giving of recognizance.-- The witness may give recognizance as {DEL aforesaid DEL} {ADD provided in section 9-17-9 ADD} while in custody of the officer, before he is committed to jail; and thereupon the officer shall discharge him from custody.

9-17-22 Expert fees as costs.-- Fees of experts, except as provided in {DEL section 9-17-19 DEL}{ADD the Rules of Evidence ADD}, shall not be allowed as part of the costs in any case, in excess of the fees allowed for ordinary witnesses.

SECTION 83. Section 9-18-7 of the General Laws in Chapter 9-18 entitled "Depositions" is hereby amended to read as follows:

9-18-7 Sealing and delivery to court.-- The deposition, so taken, shall be retained by such magistrate, officer, or commissioner until he delivers the {DEL same DEL} {ADD deposition ADD}with his own hand to the court for which it is taken, or shall, together with a certificate of its having been duly taken, be by said magistrate, officer, or commissioner, sealed up and directed to such court and delivered to the clerk thereof, and remain so sealed until opened by order of the court or of some justice thereof, or by the clerk with the consent of the parties; and any person may be compelled to appear and depose as {DEL aforesaid DEL}{ADD provided in this chapter ADD} within this state, in the same manner as to appear and testify in court.

SECTION 84. Section 9-28-4 of the General Laws in Chapter 9-28 entitled "Proceedings in Aid of Execution" is hereby amended to read as follows:

9-28-4 Appearance of judgment debtor --Hearing on citation.-- A judgment debtor upon whom such citation shall be served as herein provided {ADD in section 9-28-3 ADD} shall be obliged to appear in court in person in response to such citation as therein commanded, and for failure to so appear, may be proceeded against as provided by chapter 17 of this title in the case of a witness duly summoned who fails to appear as commanded. At the hearing on such citation, the court shall make inquiry by examination of the judgment debtor, or otherwise, as to his circumstances, his income from any source, and his ability to pay said judgment; and if the debtor fails to appear at the time and place fixed the inquiry may proceed in his absence.

SECTION 85. Section 23-27.3-13, 23-27.3-101.3, 23-27.3-106.0, 23-27.3-107.7, 23-27.3-107.8, 23-27.3-108.1.5, 23-27.3-108.2, 23-27.3-122.4 and 23-27.3-127.2.1 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows:

23-27.3-13 Water closets, faucets and showerheads --Installation --New and existing buildings.-- (a) All buildings, the construction of which commences on or after [July 7, 1989], shall be equipped with water closets using a maximum of 1.6 gallons of water per flushing cycle and/or urinals using a maximum of 1.5 gallons of water per flushing cycle.

(b) Commencing September 1, 1990, all cities and towns shall be subject to the provisions of this subsection (b). The towns of Smithfield, Portsmouth, Middletown, and Newport, however, may impose the use of two-piece 1.6 gallon low consumption water closets upon [July 7, 1989]. These water closets shall be tested in accordance with the approved testing standards of the state building code in effect on April 1, 1989.

(1) All two-piece water closets shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of the American society of mechanical engineers (ASME) and the American national standards institute (ANSI) A112.19.2-90 and ASME/ANSI A112.19.6-90.

(2) Water outlets and/or adjacent fittings serving lavatories, kitchen sinks and other sinks shall restrict and/or control the flow rate to not more than 2.0 gallons per minute (gpm) (7.5 lpm) at 80 psi. Lavatories in restrooms of public facilities shall be equipped with self-closing faucets having outlet devices which limit the flow rate to a maximum of 0.5 gpm (1.9 lpm) or self-closing metering valves which limit flow to 0.25 gallons (0.951 liters) per cycle. Showerheads shall restrict and/or control the flow rate to not more than 2.5 gpm (13.31 lpm) at 80 psi. All lavatory and sink fittings and showerheads shall be tested in accordance with ASME/ANSI A112.18 1M 1990.

(c) Effective March 1, 1991, flushometer water closets for public use having a floor or wall mounted outlet shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90.

Except as provided in section 23-27.3-13(d), all other public use water closet types shall also be low consumption toilets which shall use a maximum of 1.6 gallons (6 liters) per flush cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90 and all urinals shall use a maximum of 1.0 gallons (3.785 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90.

(d) Commencing March 1, 1991, all one-piece water closets shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90.

(e) The provisions of this section shall apply to all new construction as well as to renovations and replacement in existing structures, after [July 7, 1989]. In satisfaction of the requirements of this section, the installation of tank-type water closets equipped with devices which meet the test requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90 shall be permitted.

(f) The performance standards of this section shall not apply to fixtures and fittings such as emergency showers, aspirator faucets, and blowout fixtures that, in order to perform a specialized function, cannot meet the standards {DEL herein DEL}specified{ADD in this section ADD} .

(g) Based upon the evaluation and analysis of an engineer that the configuration of the building drainage system requires a greater quantity of water to adequately flush the system, an owner may submit engineering documentation to the commissioner for approval. If the documentation is denied, then the owner may appeal the denial to the state board of standards and appeals.

(h) No water closet may be sold in the state after March 1, 1991, unless it meets the water use efficiency standards set forth in this section.

(i) Public or public use: In the classification of plumbing fixtures, public shall apply to every fixture not defined under private or private use; whether that use is restricted or unrestricted; private shall apply to fixtures in residences, apartments, condominiums and to private guest rooms in hotels where the fixtures are intended for the use of an individual

23-27.3-101.3 Zoning restrictions.-- When the provisions {DEL herein DEL}{ADD in this code ADD} specified for structural strength, adequate egress facilities, sanitary conditions, equipment, light and ventilation, and fire safety conflict with the local zoning ordinances, this code shall control the erection or alteration of buildings. In respect to location, use and type, permissible area, and height, the local zoning ordinance shall control.

23-27.3-106.0 Existing structures.-- (a)(1) Except as provided in this section, existing buildings or structures when altered or repaired as {DEL herein DEL} specified {ADD in this ADD} {ADD section ADD} shall be made to conform to the full requirements of this code. See Articles 2 through 32 of regulation SBC-1 for new buildings.

(2) The alternative procedures of SBC-1, article 32, entitled Repair, Alteration, Addition to, and Change of Use of Existing Buildings, may be used in lieu of the provisions of this section for all existing buildings in which there is work involving repairs, alterations, additions, or changes of use and occupancy.

(b) In order to determine the percentage between the costs for alterations and repairs and the physical value of the building or structure, the building official shall exclude the alteration and repair cost of the following items:

(1) All nonpermit items such as painting, decorating, landscaping, fees, and the like.

(2) All electrical, mechanical, plumbing, and equipment systems.

(c)(1) Renovations or alterations to buildings or structures which utilize electric resistance heating as the replacement energy source of heat or air conditioning shall comply with the energy conservation provisions for new buildings. Provided, however, that individual through-wall-air-conditioning units are not included in this exception.

(2) Alternative energy systems, as allowed in the energy conservation provisions, may utilize electric resistance heating and, through the performance approach, not be required to comply with the new code provisions or energy conservation.

(d) All projects subject to the provisions of Regulation SBC-8, Construction in Flood Hazard Areas, when calculating a substantial improvement will not utilize the more liberal provisions allowed by subsections (a)(2), (b)(1) and (2). Also the definition of physical value of a building subject to Regulation SBC-8 shall be based upon market value and not current replacement value as defined in section 23-27.3-106.5, Physical Value.

23-27.3-107.7 Recertification and continuing education.-- --(a) The committee shall offer a continuing educational program designed to assist all state and local building officials and inspectors in executing their responsibilities as defined {DEL herein DEL}{ADD in this chapter ADD}. Regular attendance at these programs shall be required to all building officials and inspectors, and no building official or inspector who attends a course of instruction shall lose any rights relative to compensation or vacation time.

(b) In order to provide for professional administration of the code and maintain the official's and inspector's level of competency, the committee shall develop regulations which will require the officials and inspectors to attend approved continuing education courses to retain their certification. The committee shall develop the program within one year of [July 3, 1989]. The committee may make use of model code, regional or national education programs as a basis of the acceptable courses for credit in this program.

(c) The financing for this continuing education program will be provided through the registration fee for buildings required by chapter 64 of title 5 entitled "Builders and Contractors."

23-27.3-107.8 Restriction on employees' activities.-- Neither the building commissioner, nor any full-time building officials, or full-time local inspectors, as defined {DEL herein DEL}{ADD in this code ADD}, shall be engaged in, or directly or indirectly connected with, the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of any building or structure, or the preparation of plans or specifications therefor for the state of Rhode Island, in the case of the building commissioner, or within the municipality in which he or she is respectively employed in the case of a building official or local inspector unless the individual is the owner of the building or structure; nor shall any officer or employee associated with the building department of the state or municipality engage in any work which conflicts with his or her official duties or with the interests of the department.

23-27.3-108.1.5 Inspection and certification --Specified use groups.-- The building official may inspect and certify buildings and structures in use groups A, I, R-1, and R-2, according to Table I. No certificate of use and occupancy as {DEL herein DEL}specified {ADD in this section ADD} shall be issued until there shall have been paid to the building department a fee as specified in section 23-27.3-118.0. A copy of the certificate shall be kept posted as specified in section 23-27.3-121.2.

23-27.3-108.2 State building commissioner's duties.-- (a) This code shall be enforced by the state building commissioner as to any structures or buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction of the state of Rhode Island or any of its departments, commissions, agencies, or authorities established by an act of the general assembly, and as to any structures or buildings or parts thereof that are built upon any land owned by or under the jurisdiction of the state of Rhode Island.

(b) Permit fees for the projects shall be established by the committee. The fees shall be deposited as general revenues.

(c) Fee levy : The local cities and towns shall charge each permit applicant an additional .1 (.001) percent (levy) of the total construction cost for each permit issued. Said levy shall be limited to a maximum of fifty dollars ($ 50.00) for each of the permits issued for one (1) and two (2) family dwellings. This additional levy shall be transmitted monthly to the Building Commission at the Department of Administration, and shall be used to staff and support the following programs {ADD described in this chapter ADD}. The fee levy shall be deposited as general revenues.

(d) The building commissioner shall, upon request by any state contractor described in section 37-2-38.1, review, and when all conditions for certification have been met, certify to the state controller that the payment conditions contained in section 37-2-38.1 have been met.

23-27.3-122.4 Abatement of violations.-- The imposition of the penalties {DEL herein DEL}prescribed {ADD in this code ADD}shall not preclude the building official from instituting appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct business, or use of a building or structure in or about any premises.

23-27.3-127.2.1 Membership and local board.-- Any building code board of appeals duly established by ordinance or otherwise in a city or town and in existence on July 1, 1977, shall qualify as a local board of appeals under section 23-27.3-127.0, notwithstanding anything to the contrary contained {DEL herein DEL}{ADD in this section ADD}. However, the procedure and rights for appeal for the board of appeals shall be governed by this code. If a city or town has not duly established by ordinance or otherwise a local building code appeals board by July 1, 1977, the city or town shall establish a board of appeals, hereinafter referred to as the local board of appeals, consisting of five (5) members appointed by the chief executive officer of the city or town; one member appointed for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years and one to serve for one year or until his or her successor has been appointed, provided, however that appointments to the building code board of appeals for the city of East Providence shall be made by unanimous vote of the city council of the city of East Providence.

SECTION 86. Sections 23-26-2, 23-26-4, 23-26-6, 23-26-8, 23-26-9, 23-26-10, 23-26-12, 23-26-14, 23-26-16 and 23-26-26 of the General Laws in Chapter 23-26 entitled "Bedding and Upholstered Furniture" are hereby amended to read as follows:

23-26-2 All new materials required for new articles -- Tagging.-- No person shall sell as new any article of bedding unless it is made from all new material and is tagged as provided {DEL herein DEL}{ADD in this chapter ADD}.

23-26-4 Sterilization and tagging of second-hand articles or material.-- No person shall sell any article of bedding, made from old or second-hand material, or piece of second-hand upholstered furniture unless it shall have been sterilized and tagged as provided {DEL herein DEL}{ADD in this chapter ADD}.

23-26-6 Sterilization and tagging of material exposed to contagious disease.-- No person shall make or sell any article of bedding, or any material used in the making thereof, which has been used by or about any person having an infectious or contagious disease, unless the article or material shall have been sterilized and is tagged as provided {DEL herein DEL}{ADD in this chapter ADD}.

23-26-8 Inspection stamp required on tags.-- No person shall sell, offer for sale, exchange or lease or deliver or consign for like purpose any article or material {DEL herein DEL}required {ADD by this chapter ADD} to be tagged, unless there is affixed on the tag an inspection stamp as required by this chapter; provided, however, that nothing {DEL herein contained DEL} {ADD in this section ADD} shall be deemed to require an inspection stamp to be affixed on the tag attached to an article of bedding made in this state for shipment and sale outside of this state.

23-26-9 Removal or defacement of tags.-- No person other than a purchaser at retail for his or her own use, or except as {DEL herein DEL}otherwise provided {ADD in this chapter ADD}, shall remove, deface, alter, or cause to be removed, defaced, or altered any tag attached to an article of bedding; but immediately after material used for filling has been removed from its container, the tag and inspection stamp thereon shall be removed and destroyed by the person removing the material.

23-26-10 Sale of unattached tags.-- No manufacturer or vendor shall deliver to any person any tags required by this chapter, unless it is affixed or attached to an article as required {DEL herein DEL}{ADD in this chapter ADD}; except that the director may, on application, permit the delivery of unattached tags.

23-26-12 Sterilization permits.-- Any sterilization process, before being used in connection {DEL herewith DEL}{ADD with this chapter ADD}, must receive the approval of the director. Every person, firm, or corporation desiring to operate the sterilization process shall first obtain a numbered permit from the director and shall not operate the process unless the permit is kept conspicuously posted in the establishment. Fee for original permit shall be fifty dollars ($ 50.00). Application for the permit shall be accompanied by specifications in duplicate, in such form as the director shall require. Each permit shall expire one year from date of issue. Fee for annual renewal of a sterilizing permit shall be one-half (1/2) the original fee.

23-26-14 Contents of tag on articles renovated for owner.-- Every remade or renovated article of bedding not for sale, but for return to the owner for his or her own use, shall have attached thereto a tag which, in addition to the statements {DEL hereinbefore DEL} {ADD otherwise ADD} required {ADD by this chapter ADD}, shall state the name and address of the owner, the date of the sterilization, that the article is not for sale, and that the article contains the same material and the name and amount of any material added during remaking.

23-26-16 Misleading tags --Variances allowed --Ordering articles off sale.-- In the description of material used on any tag attached to an article of bedding, no term or designation intended or likely to mislead shall be used; provided, however, that where the article contains more than one material, and rules adopted {DEL hereunder DEL}{ADD pursuant to this chapter ADD} require the amount of the materials to be stated on the tag, a variance not in excess of ten percent (10%) from the amount stated on the tag shall not be deemed misleading. No variance shall be allowed for material which is described as "all pure one hundred percent (100%)" or terms of similar import. The director may order off sale, and may so tag, any article of bedding or material therefor, which is tagged with a tag bearing a misleading term, description, designation, or statement. Articles or materials placed off sale by the director shall not be sold until the articles or materials are lawfully tagged and the director has removed the "off sale" tag.

23-26-26 Appeal of director's decisions.-- Any person aggrieved by the action of the director in denying an application for a permit or for registration, or in revoking or suspending any permit or registration, or by any order or decision of the director, shall have the right to appeal to the supreme court {DEL upon the same grounds and in the DEL} {DEL same manner provided in section 7-11-22, DEL} and the procedure in case of the appeal shall be the same as that provided in {DEL sections 7-11-22 and 7-11-23 DEL} {ADD section 42-35-15 ADD}.

SECTION 87. Section 23-27.3-105.3 of the General Laws in Chapter 23-27.3 entitled "State Building Code" is hereby amended to read as follows:

23-27.3-105.3 Part change in use.-- If a portion of a building is changed in occupancy or to a new use group, and that portion is separated from the remainder of the building with the required vertical and horizontal fire division complying with the fire grading as {DEL hereinafter set forth DEL}{ADD provided by this code ADD}, then the construction involved in the change shall be made to conform to the requirements of this code for the new use and occupancy, and the existing portion shall be made to comply with the exitway requirements of this code.

SECTION 88. Section 23-28.7-15 of the General Laws in Chapter 23-28.7 entitled "Hotels and Motels" is hereby amended to read as follows:

23-28.7-15 Decorative and acoustical material.-- (a)Decorative and acoustical materials. All combustible decorative and acoustical material, including curtains, streamers and other paper and decorative materials, but not including floor coverings, located in all corridors, passageways, and in lobbies and other rooms or spaces for general guest or public use, shall be rendered and maintained flame resistant. This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed directly to the wall or ceiling, provided the surface will not be readily flammable.

(b) Limitation of approval. All approvals of decorative materials shall be limited to one year. The owner or the owner's authorized agent shall file an affidavit with the enforcing officer certifying to the following:

(1) The product used will render the decorative material flame resistant in accordance with N.F.P.A. Standard 701, 1989 edition.

(2) That the product used was applied in accordance with manufacturer's specifications.

(3) State the date of treatment and warranty period.

(c) When a doubt exists as to the fire retardant quality or the permanency of treatment, material shall be subject to the field check test {DEL herein DEL} {ADD as ADD} provided {ADD in subsection (d ADD}).

(d) Field test: Match flame test. (1) Samples, in dry condition, are to be selected for tests and are to be a minimum of one and one half inch (1 1/2") wide and four inches (4") long. The fire exposure shall be the flame from a common wood kitchen match (approximate length two and seven sixteenths inches (2 7/16"); approximate weight twenty-nine (29) grams per hundred), applied for twelve (12) seconds.

(2) The test shall be performed in a draft-free and safe location. The sample shall be suspended (preferably held with a spring clip, tongs or some similar device) with the long axis vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half inch ( 1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to be removed gently away from the sample.

(3) During the exposure, flaming shall not spread over the complete length of the sample or in excess of four inches (4") from the bottom of the sample (for larger size samples). There shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming particles shall be rejected if the materials continue to burn after they reach the floor.

(e) The interior finish in all hotels and motels shall be as regulated or modified by the provisions of the definition of interior finish in section 23-28.1-5 and shall not exceed the following classifications for the locations indicated:

(1) In all vertical means of egress "Class A."

(2) In all horizontal means of egress "Class B."

(3) In all other rooms or spaces "Class C."

(f ) Floor coverings must conform to the requirements of the next class lower than the classifications above, but in no instance should they be less than "Class C," except that in sprinklered buildings all floor coverings may be "Class C" throughout.

IN ADDITION: All floor coverings referred to in N.F.P.A. Standard 253, 1984 edition, and described as Class I and Class II in N.F.P.A. Standard 101 Life Safety Code, 1985 edition, may be used on all floors where combustible floor coverings are allowed.

SECTION 89. Section 23-28.14-11 of the General Laws in Chapter 23-28.14 entitled "Rooming Houses" is hereby amended to read as follows:

23-28.14-11 Decorative and acoustical materials.-- (a)(1) All combustible decorative and acoustical materials, and curtains located in corridors, passageways, stairways and lobbies, shall be rendered and maintained flame resistant. This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed directly to the wall or ceiling, provided the surface will not be readily flammable and will not carry or communicate fire.

(2) All approvals of decorative materials shall be limited to one year. The owner or the owner's authorized agent shall file an affidavit with the enforcing office certifying to the following:

(A) The product used will render the decorative material flame resistant in accordance with N.F.P.A. Standard 701, 1989 edition.

(B) That the product used was applied in accordance with the manufacturer's specifications.

(C) State the date of treatment and warranty period.

(3) When a doubt exists as to the fire retardant quality or the permanency of treatment, material shall be subject to the field check test {DEL herein provided DEL}{ADD as provided in subsection (a) (3 ADD}).

(4) Field test: Match flame test. (A) Samples, in dry condition, are to be selected for tests and are to be a minimum of one and one-half inches (11/2") wide and four inches (4") long. The fire exposure shall be the flame from a common wood kitchen match (approximate length two and seven-sixteenths inches (2 7/16"); approximate weight twenty-nine (29) grams per hundred), applied for twelve (12) seconds.

(B) The test shall be performed in a draft-free and safe location. The sample shall be suspended (preferably held with a spring clip, tongs or some similar device) with the long axis vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to be removed gently away from the sample.

(C) During the exposure, flaming shall not spread over the complete length of the sample or in excess of four inches (4") from the bottom of the sample (for larger size samples). There shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming particles shall be rejected if the materials continue to burn after they reach the floor.

(b)(1) In all new rooming houses, interior finish shall be as regulated or modified by the provisions of the description of interior finish in section 23-28.1-5, and shall not exceed the following classifications for the locations indicated.

(2) All changes of interior finishes in existing rooming houses shall also conform to the regulations listed below.

(3) In all vertical means of egress and connecting passages to the outside "Class A."

(A) In all access corridors "Class B."

(B) In all other rooms or spaces "Class C."

(c) Floor coverings must conform to the requirements of the next class lower than the classifications above, but in no instance should they be less than "Class C," except that in sprinklered buildings all floor coverings may be "Class C" throughout.

SECTION 90. Section 23-28.16-15 of the General Laws in Chapter 23-28.16 entitled "Apartment Houses" is hereby amended to read as follows:

23-28.16-15 Decorative and acoustical material.-- (a)(1) All combustible decorative and acoustical material, including curtains, streamers, and other paper and decorative materials, but not including floor coverings, located in all corridors, passageways, and in lobbies and other rooms or spaces for general guest or public use, shall be rendered and maintained flame resistant. This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed directly to the wall or ceiling, provided the surface will not be readily flammable.

(2) All approvals of decorative materials shall be limited to one year. The owner or the owner's authorized agent shall file an affidavit with the enforcing officer certifying to the following:

(A) The product used will render the decorative material flame resistant in accordance with N.F.P.A. Standard 701, 1989 edition.

(B) That the product used was applied in accordance with the manufacturer's specifications.

(C) State the date of treatment and warranty period.

(3) When a doubt exists as to the fire retardant quality or the permanency of treatment, material shall be subject to the field check test {DEL herein provided DEL}{ADD as provided in subsection (a) (4).

ADD}

(4) Field test: Match flame test.

(A) Samples, in dry condition, are to be selected for tests and are to be a minimum of one and one-half inches (11/2") wide and four inches (4") long. The fire exposure shall be the flame from a common wood kitchen match (approximate length two and seven-sixteenths inches (2 7/16"); approximate weight twenty-nine (29) grams per hundred), applied for twelve (12) seconds.

(B) The test shall be performed in a draft-free and safe location. The sample shall be suspended (preferably held with a spring clip, tongs or some similar device) with the long axis vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure the match is to be removed gently away from the sample.

(C) During the exposure, flaming shall not spread over the complete length of the sample or in excess of four inches (4") from the bottom of the sample (for larger size samples). There shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming particles shall be rejected if the materials continue to burn after they reach the floor.

(b) The interior finish shall be as regulated or modified by the provisions of the description of interior finish in section 23-28.1-5 and shall not exceed the following classifications for the locations indicated:

(1) In all vertical means of egress "Class A."

(2) In all horizontal means of egress "Class B."

(3) In all other rooms or spaces "Class C."

(c) Floor coverings must conform to the requirements of the next class lower than the classifications above, but in no instance should they be less than "Class C," except that in sprinklered buildings all floor coverings may be "Class C" throughout.

SECTION 91. Sections 23-28.28-24 and 23-28.28-32 of the General Laws in Chapter 23-28.28 entitled "Explosives" is hereby amended to read as follows:

23-28.28-24 Transportation of explosives.-- (a) When any Class A or Class B explosives are to be transported within this state, the explosives shall be packed in strong wooden boxes or cases suitable for the purpose and shall bear a label stating the kind of explosive therein. All boxes or cases containing any high explosives shall be plainly marked with the words "HIGH EXPLOSIVE --DANGEROUS."

(b) No Class A or Class B explosives shall be carried or transported in any public conveyance through any street, tunnel, subway, right-of-way, or on an elevated structure.

(c) All Class A and Class B explosives transported by a vehicle shall be carried in a magazine or compartment constructed in compliance with federal explosive storage requirements, regulations number 27 CFR, section 181, subpart J-storage as promulgated by the bureau of alcohol, tobacco and firearms of the department of the treasury.

(d) A vehicle used for the transportation of Class A or Class B explosives shall have a strong substantial body, spring-mounted on a strong running gear, and shall be suitable for the purpose.

(e) The operator of a vehicle carrying Class A or Class B explosives shall avoid, whenever possible, those streets on which there is a large number of persons, and the operator shall at no time leave such vehicle unattended.

(f) No vehicle containing high explosives shall be driven along any street, avenue, or highway over which there is an elevated railway, except when necessary to reach the destination.

(g) Vehicles containing Class A or Class B explosives in transit shall not be driven nearer than three hundred feet (300') of each other.

(h) Each vehicle carrying more than two thousand (2,000) pounds of high explosives shall be continuously in the charge of one competent person and no other person shall be allowed in or upon the vehicle.

(i) Any vehicle used for the transportation of Class A or Class B explosives shall carry signs that are in compliance with the U.S. department of transportation regulations regarding such signs and shall also have the owner's name painted on each side.

(j) No metal tools or other pieces of metal, excepting such as may be necessary for the proper operation of the vehicle shall be carried on any vehicle carrying or transporting any high explosive.

(k) All detonators carried or transported on the same vehicle or vessel which is carrying or transporting any other Class A explosives, shall be carried in a separate magazine.

( l ) Not more than thirty thousand (30,000) detonators, nor more than five thousand (5,000) pounds of other Class A explosives shall be transported on a vehicle at any one time through any street or public way except for a manufacturer who is regulated by the U.S. department of transportation.

(m) All vehicles used for the transportation of Class A or Class B explosives shall be subject to annual inspection by the state fire marshal's office and a permit issued stating that the vehicle meets the requirements of this section. There shall be a thirty dollar ($ 30.00) permit fee.

(n) All fees collected pursuant to this section shall be {DEL placed in the fee account DEL} {DEL established under section 23-28.2-25 DEL}{ADD deposited as general revenue ADD}.

23-28.28-32 Bond for blasting operations.-- (a) The applicant for a permit to possess or to use explosives shall file a bond with the state fire marshal in the penal sum of not less than fifty thousand dollars ($ 50,000), running to the state, with sureties approved by the state fire marshal, and with such conditions as the state fire marshal shall reasonably deem necessary and for such additional penal sums as the state fire marshal shall determine to be necessary to cover the losses, damages, or injuries that might ensue to persons or property by reason thereof.

(b) In addition to the requirement of section (a) hereof, prior to the use of explosives for demolition or prior to the issuance of a demolition permit, the local building inspector may require the applicant to file a bond with the locality in such amount, with such sureties and upon such conditions as the local building inspector may reasonably deem necessary.

(c) Any person may recover on such bonds as described {DEL herein DEL} {ADD in this section ADD} for injury to his or her person or property.

SECTION 92. Section 23-59-7 of the General Laws in Chapter 23-59 entitled "Continuing Care Provider Registration and Disclosure" is hereby amended to read as follows:

23-59-7 Sale or transfer of ownership or change in management.-- (A) No provider and no person or entity owning a provider shall sell or transfer, directly or indirectly, more than fifty percent (50%) of the ownership of the provider or of a continuing care facility without giving the department written notice of the intended sale or transfer at least thirty (30) days prior to the consummation of the sale or transfer. A series of sales or transfers to one person or entity, or one or more entities controlled by one person or entity, consummated within a six (6) month period that constitutes, in the aggregate, a sale or transfer of more than fifty percent (50%) of the ownership of a provider or of a continuing care facility shall be subject to the foregoing notice provisions.

(B) A provider or continuing care facility that shall change its chief executive officer, or its management firm if managed under a contract with a third party, shall promptly notify the department and the residents of each {DEL such DEL} change {ADD of chief ADD} {ADD executive officer or management firm ADD}.

SECTION 93. Sections 10-3-7, 10-3-8, 10-3-9, 10-3-16, 10-3-19, and 10-3-21 of the General Laws in Chapter 10-3 entitled "Arbitration" are hereby amended to read as follows:

10-3-7 Manner of making and hearing applications.-- Any application to the court {DEL hereunder DEL} {ADD under this chapter ADD} shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise {DEL herein DEL}expressly provided {ADD in this chapter ADD}.

10-3-8 Arbitrators' hearing --Summons of witnesses.-- When more than one arbitrator is agreed to, all the arbitrators shall sit at the hearing of the case, unless, by consent in writing, all parties shall agree to proceed with the hearing with a less number. The arbitrators selected either as prescribed in this chapter or otherwise, or a majority of them, may summon in writing any person, to attend before them or any of them as a witness, and in a proper case to bring with him or them any book, record, document or paper, which may be deemed material as evidence in the case. The fees for such attendance shall be the same as the fees of witnesses in{DEL said DEL} {ADD the superior ADD} court. The summons shall issue in the name of the arbitrator or arbitrators, or a majority of them, and shall be signed by the arbitrator or arbitrators, or a majority of them, and shall be directed to the said person {ADD to be summoned ADD} and shall be served in the same manner as subpoenas to appear and testify before {DEL said DEL}{ADD superior ADD}courts. If any person or persons, so summoned to testify, shall refuse or neglect to obey said summons, upon petition said court may compel the attendance of such person or persons before said arbitrator or arbitrators or punish said person or persons for contempt, in the same manner now provided for securing the attendance of witnesses or their punishment for neglect or refusal to attend {DEL said DEL} {ADD superior ADD} court.

10-3-9 Taking of depositions.-- Upon petition, approved by the arbitrators or by a majority of them, {DEL said DEL} {ADD superior ADD} court may direct the taking of depositions to be used as evidence before the arbitrators, in the same manner and for the same reasons as provided by law for the taking of depositions in suits or proceedings pending in said court.

10-3-16 Judgment on award.-- Upon the granting of an order confirming, modifying or correcting an award, judgment shall be entered in conformity {DEL therewith in said DEL} {ADD with the award in the ADD} court within thirty (30) days, unless an appeal be taken as {DEL herein DEL} provided {ADD in this chapter ADD}, in which last case the order of the superior court shall pursue the mandate of the supreme court.

10-3-19 Appeal to supreme court.-- Any party aggrieved by any ruling or order made in any court proceeding {DEL herein DEL}{ADD as ADD}authorized {ADD in this chapter ADD} may obtain review as in any civil action, and upon the entry of any final order provided in section 10-3-3, or an order confirming, modifying or vacating an award, he may appeal to the supreme court as provided for appeals in civil actions, and the supreme court shall make such orders in the premises as the rights of the parties and the ends of justice require.

10-3-21 Sureties --Bound to arbitration award on construction contract.-- If a contractor principal on a bond furnished to guarantee performance or payment on a construction contract and the claimant are parties to a written contract with a provision to submit to arbitration any controversy thereafter arising under the contract, the arbitration provisions shall apply to the surety for all disputes involving questions of the claimant's right of recovery against the surety. Either the claimant, the contractor principal or surety may demand arbitration in accordance with said written contract in one arbitration proceeding. The arbitration award shall decide all controversies subject to arbitration between the claimant, on the one hand, and the contractor principal and surety on the other hand, including all questions involving liability of the contractor principal and surety on {DEL said DEL}{ADD the construction ADD} bond, but a claimant must file suit for recovery against the surety within the time limits set forth by law or by the terms of the bond when there are no applicable statutory provisions. The arbitration shall be in accordance with section 10-3-1 et seq. and the court shall enter judgment {DEL thereon as provided therein DEL}{ADD on the arbitration as provided in the agreement ADD}.

The arbitrator or arbitrators, if more than one, shall make findings of fact as to the compliance with the requirements for recovery against the surety, and those findings of fact shall be a part of the award binding on all parties to the arbitration.

SECTION 94. Sections 10-4-2, 10-4-4, 10-4-5, 10-4-6, 10-4-7, 10-4-9, 10-4-10 and 10-4-12 of the General Laws in Chapter 10-4 entitled "Assignment For Benefit of Creditors" are hereby amended to read as follows:

10-4-2 Filing of schedules and lists --Certificate of deed of assignment.-- Every person making an assignment at common law for the benefit of creditors shall file with his assignee a sworn itemized schedule of all his assets, showing the amount and kind of his property, where located and the cash value thereof, to the best of his knowledge and belief, and a list of his creditors, stating their names, residences, and the amounts due each of them, and the evidences thereof and securities therefor, if any, held by them. {DEL Said DEL} {ADD The sworn itemized ADD} schedule and the bond required in section 10-4-1 shall be filed with the clerk of the superior court who shall certify on the deed of assignment that the assignee named {DEL therein DEL} {ADD in the deed of assignment ADD} has complied with the provisions of sections 10-4-1 and {DEL 10-4-2 DEL}{ADD this section ADD}. No city or town clerk shall accept any such deed of assignment for record unless it shall bear {DEL said DEL} {ADD the ADD}certificate of the clerk of the superior court {ADD showing compliance with section 10-4-1 ADD} {ADD and this section ADD}, and any deed of assignment which does not bear {DEL such DEL} {ADD the ADD}certificate {ADD showing compliance with section 10-4-1 and this section ADD} shall be null and void.

10-4-4 Recording and notice of assignments.-- Every such assignee {ADD under this ADD} {ADD chapter ADD} shall forthwith cause said deed of assignment to be recorded in the registry of deeds in each town or city in which there may be real estate of the assignor on which it may operate, and in any event in the registry of deeds of the town or city where such assignor resides or is located, and shall forthwith give public notice of his qualification, with notice to all creditors to present claims and all debtors to make payments to such assignee, in some newspaper published in the county in which such assignor resides or is located; and such assignee shall forthwith also notify creditors by depositing like notice in the United States mail, postpaid, and directed to such creditors at their respective address as they appear in the schedule made by the assignor and filed with the assignee.

10-4-5 Removal or replacement of assignee.-- Any such assignee {ADD under this ADD} {ADD chapter ADD} may be removed by said superior court, for cause shown, upon petition of one-fifth in amount of the creditors and upon at least five (5) days' notice by mail, postpaid, directed to all creditors at their respective addresses, as aforesaid, and directed to said assignee. In case of the death, resignation, or removal of any such assignee, a successor may be appointed by said superior court, upon the petition of any person interested, with like notice, as {DEL aforesaid DEL}{ADD provided in this section ADD}, to all such creditors and to such assignor.

10-4-6 Effect of assignment on liens.-- Every assignment at common law for the benefit of creditors shall be effectual to dissolve any attachment, levy, or lien placed upon the property of the assignor not more than four (4) months prior to the making of such assignment, and the costs in full of such attachment, levy, or lien shall constitute a preferred claim against the assigned estate as part of the costs of administering the trust. The property affected by such attachment, levy, or lien shall be deemed wholly discharged and released from the {DEL same DEL}{ADD attachment, levy, or lien ADD}{DEL DEL}and shall pass to the assignee as part of the assigned estate, and the superior court may order such conveyance as may be necessary to carry the purposes of this section into effect; Provided, That nothing {DEL herein DEL}contained {ADD in this section ADD} shall have the effect to destroy or impair any title obtained by such attachment, levy, or lien by a bona fide purchaser for value, who shall have acquired the {DEL same DEL} {ADD attachment, levy, or lien ADD} without notice or reasonable cause of inquiry, or to dissolve, vacate, destroy or impair any lien which exists at common law or any lien for which provision is made in chapter 9 of title 6A, chapter 3 of title 9, chapters 28, 29, 30, 34, or 35 of title 34, or chapter 15 of title 39.

10-4-7 Sale of assigned property --Continuation of business --Redemption of property subject to liens.-- No such assignee {ADD under this chapter ADD} shall sell any property of his assignor, except perishable goods, or in continuation of the business of the assignor in its ordinary course and without power to purchase new stock or to incur other than necessary expense for keeping the business along, without giving at least ten (10) days' notice to all creditors by mail, postpaid, directed to such creditors at their respective addresses as they appear in the schedule made by the assignor, and stating that such property will be sold at public auction at a given time and place, and such assignee shall also give like notice of such auction sale in some public newspaper published in the town or city, or if none be there published, in some public newspaper published in the county where such auction sale will be held; Provided, That private sale at a fixed price may be made by consent of all creditors named in such schedule {ADD made by the assignor ADD}, or by order of the superior court upon application of the assignee and after like ten (10) days' notice by mail to such creditors. Such assignee may also, upon like consent of such creditors, or like order of said superior court, redeem all mortgages, conditional contracts, pledges, and liens of or upon any property of the assignor conveyed under the assignment.

10-4-9 Effect on suits and proceedings of death, resignation, or removal of assignee.-- No suit or proceeding pending at the time of the death, resignation, or removal of any {DEL such DEL} assignee {ADD under this chapter ADD}, and to which he is a party, shall be abated by his death, resignation, or removal, but the same may be proceeded with or defended by his joint assignees or assignee or successor, in the same manner as though the same had been begun or was being defended by such joint assignees or assignee alone, or by such successor.

10-4-10 Dividends to creditors --Assignee's report --Discharge of surety on bond.-- No such assignee {ADD under this chapter ADD} at common law for the benefit of creditors shall, except by consent in writing of all the creditors of the assignor, pay any dividend until the expiration of the period of four (4) months from the making of such assignment. In case no petition in bankruptcy or insolvency has been filed within {DEL such DEL} {ADD the four month ADD} period, such assignee shall complete the administration of said assigned estate as soon as may be, and upon the payment of final dividend shall make itemized sworn report in writing to the superior court of all his proceedings under his trust; and said court, after at least ten (10) days' notice by such assignee by mail postpaid, directed to the creditors of such assignor at the respective addresses as they appear in the schedule made by such assignor and filed with such assignee, of the time and place for hearing upon such assignee's report, shall examine such assignee's report and hear any parties interested, and upon the expiration of thirty (30) days after the approval of {DEL such DEL}{ADD the assignee's ADD} report, or upon a decision approving such report by the supreme court upon appeal, or upon certification by the superior court as {DEL hereinafter DEL} provided {ADD in this chapter ADD}, the surety upon any bond of such assignee shall be thereupon discharged.

10-4-12 Appeal to supreme court --Certification of questions.-- Any party aggrieved by a decision or order of the superior court upon any question arising in any proceedings {DEL hereunder DEL} {ADD under this chapter ADD} may appeal to the supreme court by claiming the same in writing filed with the clerk at any time within thirty (30) days after the entry of such decision or order; and also the said court may at once certify any question to the supreme court.

SECTION 95. Sections 10-5-2, 10-5-8, 10-5-13, 10-5-15, 10-5-17, 10-5-23, 10-5-24, 10-5-25, 10-5-28, 10-5-29, 10-5-30, 10-5-33, 10-5-36 and 10-5-44 of the General Laws in Chapter 10-5 entitled "Attachment" are hereby amended to read as follows:

10-5-2 Procedure.-- (a) A court having jurisdiction over a defendant or his assets, including his personal estate or real estate, may authorize a plaintiff to attach same, or any part thereof, after hearing on a motion to attach, notice of which has been given to the defendant as {DEL herein DEL}provided {ADD in this section ADD}. At the time of the commencement of the action, or at any time thereafter, a plaintiff must file a motion in {DEL said DEL} {ADD the ADD}court {ADD having jurisdiction ADD} for authority to attach said defendant's assets, including his personal or real estate, and the {DEL said DEL} {ADD attachment ADD}motion must state the day, time and place of hearing and a copy must be served by the process server on the defendant or by leaving it at his last and usual place of abode with some person there at least five (5) days before the fixed date of hearing.

(b) If the defendant does not reside in the state of Rhode Island, service of {DEL said DEL}{ADD the attachment ADD} motion shall be made upon him by mailing a copy of the said motion to attach, by certified mail, to his last known address and, if service is made in this manner, the plaintiff or his attorney must attach the sender's receipt to an affidavit of compliance with this section by the plaintiff or his attorney and filing it with the case in said court.

(c) If the plaintiff after diligent search and by affidavit avers that he does not know of the defendant's address, service on the defendant of the motion to attach may after order of the court be made by publication in some public newspaper, once, published in the town, city or county where the said defendant's assets are situated. If there be no public newspaper published in the town, city or county where the defendant's assets are situated, then in some public newspaper published in the city of Providence. Provided, however, that in all actions where the plaintiff's claim against the defendant has been reduced to a judgment, the defendant's assets, including his personal estate and real estate, may be attached and may be subject to trustee process as set out in chapter 17 of this title in the same action in which the judgment has been entered.

10-5-8 Garnishment of wages restricted to amounts not exempt.-- Any writ of attachment, served as a writ of garnishment for the attachment of the personal estate of the defendant in the hand and possession of any employer of the defendant, shall be effective to attach so much only of such personal estate consisting of the salary or wages due and payable to the defendant, or to become in the future due and payable to the defendant, as is in excess of the amount of {DEL such DEL} {ADD the defendant's ADD} salary or wages exempt by law from attachment. And the garnishee, being such employer, shall be required to make affidavit and shall be held liable for such personal estate consisting of the salary or wages due and payable to the defendant or to become in the future due and payable to the defendant only in respect of {DEL such DEL} {ADD the ADD} excess {ADD amount exempt ADD} {ADD from attachment ADD}. Any writ of garnishment served under the provisions of this section shall state the judgment amount, and the employer shall withhold sums not exempt by law until the amount of withholding equals the amount of the judgment. The employer shall be entitled to the sum of five dollars ($ 5.00), payable directly from the employee to the employer, for each writ of garnishment served upon the employer regarding any employee.

Subject to any federal or state law to the contrary, any garnishment of wages for child support issued pursuant to section 15-5-25, and any wage assignment pursuant to section 15-5-24, or chapter 16 of title 15 shall take priority over any garnishment issued in accordance with this section. This priority shall occur whether or not the garnishment or assignment pursuant to section 15-5-24 or 15-5-25 or chapter 16 of title 15 occurs before or after any garnishment pursuant to this section. In addition, consistent with federal and state law, the state court system may develop a system for the collection of court imposed or assessed fines, costs, fees or other assessments, including restitution, through wage assignment procedures.

10-5-13 Defendant's bond.-- The defendant in any writ upon which goods and chattels shall have been attached may, at any time within forty-eight (48) hours, exclusive of Sundays and legal holidays, after such attachment, deliver to the officer a bond in the penal sum of the amount of damages laid in the writ, signed by the defendant or some one in his behalf, with surety or sureties to the satisfaction of the officer, with a condition {DEL therein DEL} {ADD in the surety ADD} that the {DEL same DEL} {ADD surety ADD} shall be null and void if the final judgment or decree in the action or cause in which the writ was served shall be forthwith paid and satisfied after the rendition thereof.

10-5-15 Filing of bond and delivery of property to defendant.-- Upon accepting a bond given to satisfy a judgment or decree as {DEL herein DEL}required {ADD in this chapter ADD}, the officer shall lodge the same with the clerk of the court to which the writ in the action shall be returnable and shall forthwith surrender the goods and chattels attached by him to the person whose interest therein shall have been attached, or from whose possession the same were taken, by virtue of the writ.

10-5-17 Release of real estate on bond.-- Each sheriff in each county wherein any officer commanded by any original writ or writ of mesne process to attach the real estate or right, title and interest therein of any defendant has attached such real estate or defendant's right, title and interest therein, whether during his tenure as sheriff or during the tenure of a prior sheriff, shall, by himself or through his deputies, release and discharge such attachment upon the public records at any time after such attachment and before final judgment or decree:

(A) Upon being tendered a bond, running to said sheriff and his successors in office, by the defendant or some one in his behalf with sufficient surety, which surety shall be a surety corporation authorized so to act in this state, in the penal sum of the amount of damages laid in said writ, with condition that such bond shall be null and void if there be a settlement or discontinuance of said action or cause, or if the final judgment or decree in the action or cause in which the writ of attachment was served shall be forthwith paid and satisfied after the rendition thereof, or if the execution issued therein be returned satisfied, or if final judgment or decree in said action or cause be for the defendant, or upon the happening of any event which, ipso facto, would have resulted in the extinguishment of the lien of such attachment had the attachment not been released and discharged pursuant to the provisions {DEL hereof DEL}{ADD of this section ADD}; or

(B) Upon payment by a defendant, or by some one in his behalf, of the amount of damages laid in said writ, into the registry of the court in which said action or cause is then pending, and the clerk thereof shall forthwith notify such sheriff of the fact of such payment and thereafter shall pay from the amount so deposited to the plaintiff, if final judgment or decree be in his favor, so much thereof as may be required to satisfy his execution, and shall pay the balance, if any, of the amount so deposited, with actual accrued interest, if any, to the defendant, and if judgment or decree in said action or cause be for defendant, in such event upon presentation of execution in his favor, the amount so deposited, with actual accrued interest, if any, shall be forthwith paid to said defendant, but such amount may at any time be paid by said clerk as the parties may by their agreement stipulate, or as the court upon motion of any party in interest may direct.

10-5-23 Release of stock or trust estate on acceptance of bond by officer.-- Upon the acceptance of {DEL such DEL} {ADD the ADD} bond {ADD as described in section 10-5-22 ADD} by the officer, he shall forthwith deliver to the person, co-partnership or corporation named as trustee in the writ, a certified copy of the writ, with an indorsement thereon, signed by said officer, setting forth therein that he has accepted such bond and released the shares or personal estate in the hands or possession of such trustee from the attachment; and thereupon the shares or personal estate in the hands or possession of the trustee shall become discharged from the attachment.

10-5-24 Release of stock or trust estate by plaintiff.-- In case the writ shall have been returned to the court to which it is made returnable, and duly entered therein, or in case the officer who served the writ shall, from any cause, be unable to accept such bond and release the shares or personal estate in the hands or possession of such trustee from the attachment, then the bond given to release the attachment shall be delivered to the plaintiff, or his attorney named on said writ, the bond running to the plaintiff, and with surety to the satisfaction of the plaintiff or such attorney; and upon the acceptance of such bond by said plaintiff or such attorney, said plaintiff or his attorney shall {DEL thereupon DEL} {ADD upon receipt of the bond ADD} give to said defendant a certificate, signed by such plaintiff or his attorney, that he has accepted said bond and released said shares or personal estate from attachment. In the case of the refusal of said plaintiff or his attorney to act upon said bond or to receive a proper bond and give such certification, said defendant may petition the court to which the writ is returnable, or if appellate proceedings have been taken may petition the court to which such proceedings have been taken, to accept a bond running to the plaintiff and satisfactory to the court and release said shares or personal estate from attachment.

10-5-25 Liens and claims on stock preserved.-- Nothing {DEL herein DEL}contained {ADD in this ADD} {ADD chapter ADD} shall be so construed as to destroy or impair any lien or claim of any person or body corporate upon any stock or shares attached under the provisions of this chapter.

10-5-28 Proceeds of sale of mortgaged property.-- Upon any {DEL such DEL} sale {ADD as provided ADD} {ADD in section 10-5-27 ADD}, the attaching officer shall first apply so much of the proceeds of the sale as may be necessary to pay the amount for which the said property was mortgaged, with such deduction for interest for the anticipated payment, or allowance for damages for such anticipated payment, as may be allowed by the justice directing the sale; and the officer shall pay only the balance into the registry of the court for the purposes of the attachment.

10-5-29 Redemption of mortgage by plaintiff in attachment.-- The plaintiff in any {DEL such DEL}attachment {ADD under section 10-5-26 ADD} may redeem the mortgaged estate in the same manner as the mortgagor might have done; and in case of such redemption, the plaintiff shall have the same lien on the property for the amount paid by him, with interest, as the mortgagee had.

10-5-30 Defeat of attachment by failure to sell or redeem from mortgage.-- If the mortgage be not redeemed by the plaintiff, or the mortgaged property sold as {DEL before DEL} {DEL mentioned DEL}{ADD provided in section 10-5-27 ADD}, before the time of redemption expires, the attachment shall become void.

10-5-33 Inventory included in return of writ.-- If the defendant in such writ shall not, within the said forty-eight (48) hours, either give {DEL such DEL} bond {ADD as provided in ADD} {ADD section 10-5-13 ADD} or a bond for the value of the goods and chattels attached, in the manner by law provided, such officer shall make an inventory of the goods and chattels by him attached upon the writ, and return the same as a part of his doings in his return upon the writ.

10-5-36 Sale of perishable property or property expensive to keep.-- If, after reasonable notice, no person appear, or no sufficient cause to the contrary be shown, said justice may direct the officer to sell the {DEL same DEL} {ADD perishable property ADD} in such manner, on such notice, and at such time, as said justice may prescribe; and the officer shall immediately pay the proceeds of such sales, after deducting therefrom the necessary charges thereof, into the registry of the court, there to be held as security to satisfy the judgment or decree which the attaching creditor or complainant may recover.

10-5-44 Dissolution of attachment of real property for want of action.-- The lien of any attachment of real property filed on or before May 5, 1955, wherein decision has not been entered, shall be dissolved whenever the cause shall hereafter remain without action for a period of six (6) years, as shown by the court docket. The lien of any attachment of real property filed after May 5, 1955, wherein decision shall not have been entered, shall be dissolved whenever the cause shall remain without action for a period of six (6) years, as shown by the court docket. A certificate of the clerk of the court wherein such cause is pending, to the effect that such cause has remained without action for {DEL said DEL} {ADD a ADD} period{ADD of six (6) years ADD}, shall be entitled to be recorded, upon payment of the fee therefor, in the records of land evidence wherever any such attachment may have been filed.

SECTION 96. Sections 10-13-24 and 10-13-25 of the General Laws in Chapter 10-13 entitled "Relief of Poor Debtors" are hereby amended to read as follows:

10-13-24 Assignment for benefit of creditors upon administration of oath.-- Whenever the oath {DEL aforesaid DEL} {ADD as provided in this chapter ADD} shall be administered to any defendant, under the provisions of sections 10-13-14 to 10-13-23, inclusive, he shall then and there make an assignment of all his estate, real and personal, not exempted from attachment by law, to some responsible inhabitant of this state, his heirs and assigns, to be approved by the magistrate administering said oath, in trust for the benefit of all his creditors in proportion to their demands, and a copy of such assignment shall be filed by the assignee in the office of the clerk of the court issuing such execution.

10-13-25 Party deemed creditor --Effect of executions subsequent to oath.-- The person to whom the debt appears, by the process, to belong at the time complaint is made, shall be deemed the creditor within the meaning of the provisions of this chapter. Neither the commitment of the prisoner, nor his discharge, shall be a satisfaction of the debt for which he was committed. If committed on execution, the plaintiff may take out another execution, which shall not, however, run against the body of the defendant. If suit be brought on the judgment, execution in such suit shall not run against the body of the defendant, nor shall the defendant be held to bail on the writ in such case. If the defendant be committed on mesne process, when he receives a certificate as {DEL aforesaid DEL} {ADD provided in section 10-13-23 ADD}, if that fact be shown by plea to the court before which the action is pending, then execution shall not issue against the body of the defendant, but in all such cases execution shall issue against the goods and chattels and real estate of such defendant.

SECTION 97. Sections 24-1-2 and 24-1-3 of the General Laws in Chapter 24-1 entitled "Laying Out and Taking by Cities and Towns" are hereby amended to read as follows:

24-1-2 Filing of plat and declaration.-- Within one year after its passage, the city or town council shall cause to be filed in the land evidence records a copy of its resolution declaring that the public interest and convenience makes necessary or advantageous the acquisition of real property in the manner prescribed by this chapter and also a description of the land or other real property indicating the nature and extent of the estate or interest therein taken as {DEL aforesaid DEL}{ADD provided in this chapter ADD} and a plat thereof, and a copy of the resolution, description and plat shall be certified by the city or town clerk.

24-1-3 Deposit of compensation for property taken.-- {DEL Forthwith thereafter DEL} {ADD Immediately after the taking of property, ADD} the city or town council shall cause to be filed in the superior court in and for the county in which the real property lies a statement of the sum of money estimated to be just compensation for the property taken, and shall deposit in the superior court to the use of the persons entitled thereto the sum set forth in the statement. The city or town council shall satisfy the court that the amount so deposited with the court is sufficient to satisfy the just claims of all persons having an estate or interest in the real property. Whenever the city or town council satisfies the court that the claims of all persons interested in the real property taken have been satisfied, the unexpended balance shall be ordered repaid forthwith

SECTION 98. Section 23-28.12-29 of the General Laws in Chapter 23-28.12 entitled "Schools" is hereby amended to read as follows:

23-28.12-29 Corridors and egress passageways.-- (a) Corridors used as a means of egress from pupil-occupied areas shall not be less than thirty-six inches (36") in unobstructed width. Exception is that fire protection equipment may protrude no more than eight and one half inches (81/2").

(b)(1) All combustible decorative and acoustical material, and curtains, located in corridors, passageways, stairways, and lobbies, shall be rendered and maintained flame resistant. This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed directly to the wall or ceiling, provided the surface will not be readily flammable and will not carry or communicate fire.

(2) All approvals of decorative materials shall be limited to one year. The owner or the owner's authorized agent shall file an affidavit with the enforcing officer certifying to the following:

(A) The product used will render the decorative material flame resistant in accordance with N.F.P.A. Standard 701, 1989 edition.

(B) That the product used was applied in accordance with manufacturer's specifications.

(C) State the date of treatment and warranty period.

When a doubt exists as to the fire retardant quality or the permanency of treatment, material shall be subject to the field check test {DEL herein provided DEL}{ADD as provided in subsection (b) (3 ADD}).

(3) Field test: Match flame test. (A) Samples, in dry condition, are to be selected for tests and are to be a minimum of one and one half inches (11/2") wide and four inches (4") long. The fire exposure shall be the flame from a common wood kitchen match (approximate length two and seven sixteenths inches (2 7/16"); approximate weight twenty-nine grams (29 gr.) per hundred), applied for twelve (12) seconds.

(B) The test shall be performed in a draft-free and safe location. The sample shall be suspended (preferably held with a spring clip, tongs, or some similar device) with the long axis vertical, with the flame applied to the center of the bottom edge, and the bottom edge one half inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to be removed gently away from the sample.

(C) During the exposure, flaming shall not spread over the complete length of the sample or in excess of four inches (4") from the bottom of the sample (for larger size samples). There shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming particles shall be rejected if the materials continue to burn after they reach the floor.

(c) In existing schools, interior finish shall be as regulated or modified by the provisions of the description of interior finish in section 23-28.1-5 and shall not exceed the following classifications for the locations indicated:

(A) All changes of interior finishes in existing schools shall also conform to the regulations listed below:

(i) In all vertical means of egress and connecting passages to the outside "Class A."

(ii) In all access corridors "Class B."

(iii) In all other rooms or spaces "Class C."

(B) Floor coverings must conform to the requirements of the next class lower than the classifications above, but in no instance should they be less than "Class C," except that in sprinklered buildings all floor coverings may be "Class C" throughout.

SECTION 99. Section 23-28.25-9 of the General Laws in Chapter 23-28.25 entitled "Fire Alarm Systems" is hereby amended to read as follows:

23-28.25-9 Maintenance of the system.-- Owners of buildings where systems are installed shall ensure that the systems and all of their components are in one hundred percent (100%) operating condition at all times and provide a twenty-four (24) hour emergency service number at the fire alarm panel. Owners of buildings where systems are installed shall provide written evidence to the authority having jurisdiction that there is a maintenance and testing program in force for the fire alarm system providing for periodic testing of the system. All systems except a system as described in section 23-28.25-4(a) with six (6) or less initiating devices shall be tested at least once every three (3) months with twenty-five percent (25%) of all manual stations, thermodetectors, smoke detectors and other devices operated with each test. A different twenty-five percent (25%) of the above mentioned devices will be operated at each inspection so that the entire system will have been tested at the end of each year. A system as described in section 23-28.25-4(a) with six (6) or less initiating devices shall require a full system test once every six (6) months. The person(s) or firm responsible for this testing shall be licensed as required by chapter {DEL 6.1 DEL}{ADD 6 ADD} of title 5 et seq. The licensing requirements shall not apply to the fire department officer in charge of the scene to operate, reset or disconnect the fire alarm system as required by the authority having jurisdiction. Certification of these tests shall be forwarded to the authority having jurisdiction from the person(s) or firm performing the test within ten (10) days of the completion of such test. The person(s) or firm performing the maintenance and testing of the fire alarm system shall notify the authority having jurisdiction within five (5) days, in writing, after the cancellation of a maintenance/testing agreement with the building owner. Any existing unaltered fire alarm system installed in accordance with previous state fire codes shall be maintained and tested in accordance with this section. It shall be the building owners responsibility to certify periodic compliance with this section.

SECTION 100. Sections 9-9-22 and 9-9-23 of the General Laws in Chapter 9-9 entitled "Jury Lists" are hereby amended to read as follows:

9-9-22 Period during which names drawn are liable to service as jurors.-- The persons whose names are drawn as provided in sections 9-9-14.1 and 9-9-14.2, shall be liable to serve as grand or petit jurors commencing at any time during the year beginning July next after such drawing, whenever notified to appear for such service as {DEL hereinafter DEL} provided {ADD in chapter 10 of this title ADD}; and the persons whose names are so drawn at any other such meeting held in accordance with the provisions of section 9-9-14.2 shall be liable to so serve commencing at any time before July following the date of such drawing.

9-9-23 Investigation of names drawn --Lists of persons well qualified to serve.-- The jury commissioner, either personally or by such assistant as he may employ as {DEL aforesaid DEL}{ADD provided in 9-9-7 ADD}, shall investigate the names of all persons drawn as {DEL aforesaid DEL}{ADD provided in section 9-9-14.1 ADD}, and as far as possible in the order in which said names appear upon said lists. Such investigation may be made by the mailing of questionnaires to such persons, or by other written inquiries deemed by the jury commissioner to be appropriate, but where the jury commissioner considers further investigation to be necessary or desirable, said investigation may include a personal interview by the jury commissioner or by one of his duly appointed assistants. The jury commissioner shall make lists of all grand and petit jurors for each town not exempted as {DEL aforesaid DEL}{ADD provided in section 9-9-3 ADD}, and in the order in which they were originally drawn, as he shall deem well qualified to serve, being persons of good moral character, of sound judgment and free from all exception, which said lists shall be kept on file in the office of the jury commissioner. The jury commissioner shall preserve a full record of such investigation, which shall not be disclosed to any person except by order of a justice of the superior court, or by order of the chief judge or associate justice of the family court, and may summon before him any person subject to serve as a juror, or any person who in the jury commissioner's opinion has particular knowledge of a juror's fitness to serve as a juror, and for this purpose may administer oaths, and have the same powers as are by law provided for the summoning of witnesses by a coroner. Any person so summoned shall be entitled to the same fees as a witness summoned before a coroner. No rejection of a juror by the jury commissioner shall take final effect until the same has been approved by a justice of the superior court, appointed for this purpose by the presiding justice, and he may appoint different justices from time to time for each county. A justice of the family court who has been appointed by the chief judge for the purpose of considering the recommendations of the jury commissioner concerning the fitness of jurors may also reject jurors. The chief judge may appoint different justices from time to time for each county.

The jury commissioner shall not place any person upon said list who is not qualified as {DEL aforesaid DEL}{ADD provided in section 9-9-1.1 ADD}, nor shall he fail to place any person upon said list who is qualified as aforesaid, and if the commissioner or any of his assistants shall wilfully violate any of the provisions of this section they shall be fined not exceeding one thousand dollars ($ 1,000) or be imprisoned for the term of not more than one (1) year, or both.

SECTION 101. Section 9-19-34 of the General Laws in Chapter 9-19 entitled "Evidence" is hereby repealed in its entirety:

{DEL 9-19-34 Collateral source rule in medical malpractice actions.-- DEL} {DEL (a) In the event the defendant so elects, in an action for personal injury against a licensed physician, hospital, clinic, health maintenance organization or professional service corporation providing health care services under chapter 5.1 of title 7 of the general laws based upon professional negligence, he may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal injury pursuant to the United States social security act, any state or federal income disability or workers' compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services. Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his right to any insurance benefits concerning which the defendant has introduced evidence. When such evidence is introduced, the jury shall be instructed to reduce the award for damages by a sum equal to the difference between the total benefits received and the total amount paid to secure such benefits by the plaintiff or the court may ascertain such sum by special interrogatory and reduce the award for damages after verdict. DEL}

SECTION 102. Section 35-8-2 of the General Laws in Chapter 35-8 entitled "Bonded Indebtedness of State" is hereby amended to read as follows:

35-8-2 Destruction of bonds and certificates unsold or repurchased by state --Certificate.-- (a) All bonds, coupons, and certificates of indebtedness, which have or shall hereafter become the property of the state, except such as shall be held by the sinking fund commission, and all bonds, coupons, and certificates of indebtedness which have been issued by the state but which have not been sold during a period of five (5) years after the issuance of the bonds, coupons, and certificates of indebtedness, shall, within a reasonable time after the five-year period, be destroyed by the general treasurer, by burning {DEL the DEL} {DEL same DEL} {ADD bonds and certificates ADD}, in the presence of the secretary of state, the director of administration and the attorney general, who shall make, sign, and deliver to the general treasurer a certificate containing the number, date of issue, and denomination of each bond, and of each coupon and certificate of indebtedness so destroyed, and of the time when destroyed, which certificate shall be, by the general treasurer, with his or her next report, transmitted to the general assembly.

(b) At his or her discretion, the general treasurer may authorize the banks acting as fiscal agents of the state for these bonds and certificates of indebtedness to destroy the bonds, coupons, and certificates of indebtedness paid by them and submit to the general treasurer a notarized certificate of destruction in place of the paid bonds, coupons, and certificate of indebtedness, listing in numerical order the bond issue, the bond and/or coupon number, date of issue, and denominations of each bond and of each coupon and certificate of indebtedness so destroyed and the time when destroyed. The destruction certificate, to be provided by the general treasurer, shall be submitted by the fiscal agents in regular intervals each month together with a certification of the balance of the funds remaining in each bond account for the indebtedness matured and not presented for payment. The general treasurer and the state shall not be held liable for any bond, coupon, or certificate of indebtedness certified as reported destroyed by any bank acting as fiscal agents of the state.{DEL DEL}

SECTION 103. Sections 39-1-23, 39-1-23.1,39-1-27.3, 39-1-33, 39-1-38, of the General Laws in Chapter 39-1 entitled "Public Utilities Commission" are hereby amended to read as follows:

39-1-23 Administrative expenses --Assessment against utilities.-- (a) The administrator shall aggregate the expenses of the division, including expenses incurred by the attorney general pursuant to section 39-1-19, and expenses incurred by the commission for each upcoming fiscal year and shall apportion and assess these expenses among the state's regulated utilities based upon approved budgets. When submitting the budget, the budget office shall clearly indicate the revenues from assessments. Included within this prospective assessment shall be those expenses expected to be incurred by the attorney general pursuant to section 39-1-19 for the upcoming fiscal year. The expenses anticipated by the attorney general and the commission for each upcoming fiscal year shall be communicated to the administrator within thirty (30) days of request by the administrator. The administrator shall thereupon apportion and assess one hundred percent (100%) of such expenses among the several public utility companies and common carriers located in this state in the proportion that the gross intrastate utility operating revenues of each public utility company and common carrier shall bear to the total gross intrastate utility operating revenues for the last preceding fiscal year of all public utility companies and common carriers; provided, however, that any public utility or common carrier, whose gross intrastate revenues in any fiscal year as reported to the administrator do not exceed one hundred thousand dollars ($ 100,000), shall not be subject to the assessment under the provisions hereof; and, provided further, that all motor carriers subject to the provisions of chapter 12 of this title shall not be subject to the assessment under the provisions hereof. The sum so apportioned and assessed shall be in addition to any taxes payable to the state under any other provision of law. The assessments shall be divided between the commission and the division based upon the approved budgets.

(b) The administrator shall apply any budgetary balance or shortfalls remaining from a prior annual assessment toward the next upcoming fiscal year assessment to the division or the commission as appropriate.

(c) Upon collection from the several public utility companies and common carriers operating in this state, assessments and any state appropriations shall be deposited in an account to be known as the public utilities commission funding account. This fund shall be a restricted receipt account and shall be kept by the general treasurer separately and shall be paid out by the general treasurer only upon receipt of properly authenticated vouchers signed by the administrator or his or her designee for the division's share of the account. The same procedure shall be followed for the commission except that such vouchers shall be signed by the commission chairperson or his or her designee. The general treasurer shall provide for separate accounting of the division and commission budget and expenses. The moneys in {DEL said DEL}{ADD the public utilities ADD} fund shall be expended by the administrator or the commission, as appropriate for meeting the expenses of the operation of the commission, the division and those expenses incurred by the attorney general, pursuant to section 39-1-19.

(d) The legislature may appropriate from the general funds such sums as are necessary for the regulation of public utilities.

39-1-23.1 Motor carrier enforcement program created --Recovery of expenses through a percentage of fines collected from motor carriers.-- (a) The administrator has been charged under this title with the responsibility of promoting adequate, economical and efficient service by motor carriers and reasonable charges therefore without unjust discriminations, undue preferences, or advantages, or unfair or destructive competitive practices. This legislative charge further requires that the administrator improve the relations between, and coordinate transportation by, and the regulations between all modes of transportation provided by the various classes of motor carriers; develop and preserve a highway transportation system properly adapted to the needs of the commerce of the state; and promote safety upon its publicly used highways in the interest of its citizens.

(b) It is hereby declared that in order to enforce the statutes, rules and regulations under which the administrator carries out his or her efforts to fulfill the {DEL aforementioned DEL} mandates {ADD provided in subsection (a ADD}), general appropriations shall be provided for the purposes of providing the administrator with the financial means to maintain an enforcement presence in the transportation industry. The appropriations shall be used by the administrator to create and maintain a field enforcement staff of at least two (2) inspector-auditors whose sole responsibilities shall be to promote and compel compliance with all applicable motor carrier related statutes, rules and regulations. In addition to compensation for inspector-auditors, the motor carrier enforcement appropriations may be used to purchase any materials or equipment necessary for this field enforcement staff and any training or educational programs germane to its regulatory functions.

(c) General revenue receipts shall come from the money fines and/or penalties received by the general treasurer for violations of transportation related statutes, rules and regulations through the compliance efforts of the inspector-auditors created {DEL herein DEL}{ADD in this section ADD}. The funding shall be based upon the total dollar value of all citations issued by the administrator, whether or not through the assistance of state or local law enforcement agencies and any fines ordered by any judge of the district or superior courts pursuant to any plea bargaining agreements or fines ordered by the court after trial. All revenues received pursuant to this chapter shall be deposited as general revenues.

39-1-27.3 Electric distribution companies required to provide retail access and standard offer.-- (a) To promote economic development and the creation and preservation of employment opportunities within the state, on July 1, 1997, each electric distribution company shall offer retail access from nonregulated power producers to:

(i) All new commercial and industrial customers, including new manufacturing customers, commencing service on or after July 1, 1997, with an anticipated average annual demand of two hundred (200) kilowatts or greater;

(ii) All existing manufacturing customer with an average annual demand of fifteen hundred (1500) kilowatts or greater; and

(iii) All accounts in the name of the State of Rhode Island, provided, however, no electric distribution company shall be required to release more than ten percent (10%) of its total kilowatt-hour sales to retail access pursuant to this paragraph (a).

(b) On January 1, 1998, all electric distribution companies shall expand their offer of retail access to include existing manufacturing customers with an average annual demand of two hundred (200) kilowatts or greater and all accounts in the name of the cities and towns in Rhode Island, provided, however, no electric distribution company shall be required to release a total of more than twenty percent (20%) of its total kilowatt-hour sales to retail access pursuant to paragraphs (a) and (b) of this section.

(c) Retail access shall be implemented for all customers in Rhode Island within three (3) months after retail access is available to forty percent (40%) or more of the kilowatt-hour sales in New England including the total kilowatt-hour sales in Rhode Island; provided however, that if such retail access in New England has not occurred by July 1, 1998, then each electric distribution company shall expand its offer of retail access to all of the electric distribution company's remaining customers. The commission may extend this deadline for up to six (6) months for some or all customers if it determines that additional time is necessary to ensure that retail access can be extended to all customers on reasonable terms. Each electric distribution company shall notify all customers in its service territory of the options available to them to procure electric service at lease ninety (90) days before such customers become eligible for retail access. Upon request from any nonregulated power producer, an electric distribution company shall make available a list of the names and addresses of its customers that are, or within sixty (60) days are expected to become, eligible for retail access; provided, however, such lists shall not include customers that have submitted written requests to the electric distribution company that they be excluded from such lists.

(d) Within three (3) months after retail access is available to forty percent (40%) or more of the kilowatt-hour sales in New England and extending through year 2009, each electric distribution company shall arrange with its wholesale power supplier for a standard power supply offer ("Standard Offer") to customers that have not elected to enter into power supply arrangements with other nonregulated power suppliers. The standard offer shall be priced such that the average revenue per kilowatt-hour received from the customer for such power together with approved distribution, transmission and transition charges shall equal the price that would have been paid under rates in effect during the twelve (12) month period ending September 30, 1996 adjusted annually for eighty percent (80%) of the change in the consumer price index for the immediately preceding twelve (12) month period, and also for other factors reasonably beyond the control of the electric distribution company and its former wholesale power supplier including but not limited to changes in federal, state or local taxes or extraordinary fuel costs; provided, however, that adjustments to the standard offer for factors other than inflation must be approved by the commission. The standard offer is to be a price cap and may, after notice to the commission, be less than the maximum allowed at anytime for the generation component of the standard offer. Once a customer has elected to enter into a power supply arrangement with a nonregulated power producer, the electric distribution company shall not be required to arrange for the standard offer to such customer. No customer who initially elects the standard offer and then chooses an alternative supplier shall be required to pay any withdrawal fee or penalty to the provider of the standard offer unless such a penalty or withdrawal fee was agreed to as part of a contract; however, no residential customer shall be required to pay a penalty or withdrawal fee for choosing an alternative supplier. Nothing in this paragraph shall be construed to restrict the right of any nonregulated power producer to offer to sell power to customers at a price comparable to that of the standard offer specified pursuant to this paragraph.

(e) On or before January 1, 1997, each retail distribution company shall file with the commission unbundled rates which separately identify charges for use of transmission and distribution facilities and provide for retail access in accordance with the schedule set forth in {DEL section 39-1-27.2 DEL}{ADD this section ADD}. Such unbundled rates shall also include transition charges calculated in accordance with section 39-1-27.4 and shall become effective on July 1, 1997. Such unbundled rates shall also include just and reasonable terms, conditions, and procedures for interconnection with small scale generating units located on the distribution system. If the Federal Energy Regulatory Commission (FERC) also requires such filings, then the retail distribution or transmission company may submit to the commission the same filing as provided to FERC to meet the intent of this paragraph.

(f) In recognition that electricity is an essential service, each electric distribution company shall, within three (3) months after retail access is available to forty percent (40%) or more of the kilowatt-hour sales in New England, arrange for a last resort power supply for customers who are no longer eligible to receive service under the standard offer and not adequately supplied by the market because they are unable to obtain or retain electric service from nonregulated power producers. The electric distribution company shall periodically solicit bids from nonregulated power producers for such service at market prices plus a fixed contribution from the electric distribution company. Acceptance of bids by the electric distribution company and the terms and conditions for such last resort service shall be subject to approval by the commission. The bids requiring the lowest fixed contribution from the electric distribution company shall be accepted. Nothing in this section shall be construed to prohibit an electric distribution company or nonregulated power producer from terminating service provided hereunder in accordance with commission rules and regulations in the event of nonpayment of such service. All fixed contributions and any reasonable costs incurred by the electric distribution company in arranging this service shall be included in the distribution rates charged to all other customers. The commission may promulgate regulations to implement this section.

39-1-33 Reports.-- The commission and division shall make reports due on the first (1st) day of June and the first (1st) day of December to the governor for transmittal to the general assembly, which shall contain summaries of every rate case hearing, and/or order of the commission and division occurring in the period immediately preceding the {DEL aforenamed deadlines DEL}{ADD first day of June and the first day of December ADD}.

39-1-38 Liberal construction --Incidental powers --Severability.-- The provisions of this title shall be interpreted and construed liberally in aid of its declared purpose. The commission and the division shall have, in addition to powers {DEL herein DEL} specified {ADD in this chapter ADD}, all additional, implied, and incidental power which may be proper or necessary to effectuate their purposes. No rule, order, act or regulation of the commission and of the division shall be declared inoperative, illegal, or void for any omission of a technical nature. If any provision of this title, or of any rule or regulation made thereunder, or the application thereof to any company of circumstance, is held invalid by a court of competent jurisdiction, the remainder of the title, rule, or regulation, and the application of such provision to other companies or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this title shall not affect the validity of the remainder of the title.

SECTION 104. Section 39-1.2-7 of the General Laws in Chapter 39-1.2 entitled "Excavation Near Underground Utility Facilities" is hereby amended to read as follows

39-1.2-7 Marking of underground utilities.-- (a) A public utility served with the notice in accordance with section 39-1.2-5 shall, within forty eight (48) hours, exclusive of Saturdays, Sundays, and legal holidays, of the receipt of the notice, unless otherwise agreed between the person or public agency performing the work and the public utility, mark the approximate location of the underground utilities. For the purposes of this chapter, the approximate location of underground facilities shall be marked with stakes, paint, or other physical means. The public utility shall follow the color coding prescribed {DEL herein DEL}{ADD in this section ADD}.

UTILITY AND TYPE OF PRODUCT SPECIFIC GROUP

IDENTIFYING COLOR

Electric power distribu- Safety Red

tion and transmission

State and municipal elec- Safety Red

tric systems

Gas distribution and High Visibility Safety

transmission Yellow

Dangerous materials, High Visibility Safety

product line Yellow

Telephone and telegraph Safety Alert Orange

systems

Water systems Safety Precaution Blue

(b) In the event the excavator shall damage the underground public utility facilities as the result of an incorrect marking by the public utility, the excavator shall not be responsible for the resulting damage.

SECTION 105. Sections 39-2-1.2, 39-2-5, 39-2-11, 39-2-12, 39-2-15, of the General Laws in Chapter 39-2 entitled "Duties of Utilities and Carriers" are hereby amended to read as follows:

39-2-1.2 Utility base rate --Prohibition of inclusion of advertising in base rate.-- (a) In addition to costs prohibited in section {DEL 39-1-27 DEL}{ADD 39-2-27.4 ADD} (b) no public utility distributing or providing heat, electricity or water, to or for the public shall include as part of its base rate any expenses for advertising, either direct or indirect, which promotes the use of its product or service, or is designed to promote the public image of the industry. No public utility may furnish support of any kind, direct, or indirect, to any subsidiary, group, association, or individual for advertising and include the expense as part of its base rate. Notwithstanding the foregoing, nothing contained in this section shall be deemed as prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or educational in nature, which is designed to promote public safety conservation of the public utility's product or service. The public utilities commission shall promulgate such rules and regulations as are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect, and to otherwise effectuate the provisions of this section.

(b) Preservation of environmental and low income programs. Effective as of January 1, 1997, and for a period of five (5) years thereafter, each electric distribution company shall include a charge of 2.3 mills per kilowatt-hour delivered to fund demand side management programs and renewable energy resources. The allocation of this revenue between demand side management programs and renewable energy resources shall be determined by the commission. During the {DEL aforementioned DEL} five (5) year period the commission may, in its discretion, after notice and public hearing, increase the sums for demand side management and renewable resources; thereafter, the commission shall, after notice and public hearing, determine the appropriate charge for these programs. As used in this section, renewable energy resources shall mean power generation technologies that produce electricity from wind energy, small scale (less than 100 megawatts) hydropower plants that do not require the construction of new dams, solar energy, and sustainably managed biomass. Fuel cells may be considered an energy efficiency technology to be included in demand-side management programs. Special rates for low income customers in effect as of the effective date of this act [August 7, 1996] shall be continued, and the costs of all such discounts shall be included in the distribution rates charged to all other customers. Nothing in this section shall be construed as prohibiting an electric distribution company from offering any special rates or programs for low income customers which are not in effect as of the effective date of this act, subject to the approval by the commission.

39-2-5 Exceptions to anti-discrimination provisions.-- The provisions of sections 39-2-2 --39-2-4, inclusive, shall be subject to the following exceptions:

(a) A public utility may issue or give free transportation or service to its employees and their families, its officers, agents, surgeons, physicians, and attorneys at law, and to the officers, agents, and employees, and their families of any other public utility.

(b) With the approval of the division any public utility may give free transportation or service, upon such conditions as the public utility may impose, or grant special rates therefor to the state, to any town, or city, or to any water or fire district, and to the officers thereof, for public purposes, and also to any special class or classes of persons, not otherwise referred to in this section, in cases where the same shall seem to the division just and reasonable, or required in the interests of the public, and not unjustly discriminatory.

(c) With the approval of the division any public utility operating a railroad or street railway may furnish to the publishers of newspapers and magazines, and to their employees, passenger transportation in return for advertising in the newspapers or magazines at full rates.

(d) With the approval of the division any public utility may exchange its service for the service of any other public utility furnishing a different class of service.

(e) Nothing in this section nor any other provision of the law shall be construed to prohibit the giving by any public utility, free or reduced rate service to an elderly person as defined by the division.

(f) Any motor carrier of persons, as defined in chapter 13 of this title, may elect to file a tariff providing for a rate reduction of twenty-five percent (25%) below its one-way fare tariff applying to any person who is sixty-five (65) years of age or older and any person assisting and traveling with a blind passenger who is not required to pay any fare pursuant to the provisions of section 39-2-13 for bus rides between the hours of ten o'clock (10:00) a.m. and three o'clock (3:00) p.m. of each day. In such event the reduced fare shall be paid in part by the passenger and in part by the state. That part of the reduced fare payable by the state shall be one half (1/2) of the reduced fare adjusted upward to end in the nearest zero (0) or five cents (.05), and that part payable by the passenger shall be the balance of the reduced fare. Payments by the state {DEL hereunder DEL} {ADD under this section ADD} shall be paid monthly under procedures agreed upon by the department of transportation and the carrier.

(g) Nothing in this section nor any other provision of the law shall be construed to prohibit the commission from designing and implementing a program to provide a telecommunications device capable of servicing the needs of the deaf, severely hearing impaired, severely speech impaired, or those suffering from neuromuscular damage or disease for use with a single party telephone line, at no additional charge to the basic exchange rate, to any subscriber who is certified as deaf, severely hearing impaired, severely speech impaired, or suffering from neuromuscular damage or disease by a licensed physician, audiologist, speech pathologist, or a qualified state agency. The commission shall establish a funding mechanism whereby the regulated telephone utilities will impose a monthly surcharge on residential, nonbusiness subscribers until seven hundred and fifty thousand dollars ($ 750,000) to fund the adaptive telephone equipment loan program is realized. This program shall be phased in by the commission over a four (4) year period ending June 30, 1987.

(h) Any person, firm, or corporation or any officer, agent, servant, or employee thereof who shall violate the provisions of subsection (g) of this section by fraudulently obtaining a telecommunications device shall, upon conviction, be fined not exceeding five hundred dollars ($ 500) or be imprisoned for a term not exceeding one year.

(i)(1) Nothing in this section nor any other provision of the general laws shall be construed to prohibit the commission from taking actions to enable the state of Rhode Island to participate in a federal communications commission telephone lifeline program. The commission may set a subscriber funded monthly residence basic exchange lifeline telephone service credit in an amount not to exceed the federal subscriber line access charge or the monthly basic service charge, whichever is less, for those persons who receive supplemental social security income (SSI), aid to families with dependent children (AFDC), general public assistance (GPA), aid from the Rhode Island medical assistance program, or food stamps issued pursuant to the Food Stamp Act of 1964 as amended (public law 88-525 and amendments made thereto [7 U.S.C. section 2011 et seq.]), assistance from the low-income home energy assistance program (LIHEAP) as administered by the department of administration, division of planning, and effective April 1, 1993, assistance from the Rhode Island Pharmaceutical Assistance Program administered by the department of elderly affairs. The public utilities commission may promulgate regulations to implement this section. The department of human services and the department of administration, division of planning shall certify subscriber eligibility for the programs in accordance with public utilities commission and federal communications commission guidelines.

(2) The department of human services shall report monthly to the governor and to the house of representatives fiscal advisor the number of persons newly eligible for the lifeline telephone service credit hereunder solely by virtue of their eligibility to receive food stamp assistance and the department of administration, division of planning shall, also, report monthly to the governor and to the house of representatives fiscal advisor the number of persons newly eligible for the lifeline telephone service credit hereunder solely by virtue of their participation in the low-income home energy assistance program (LIHEAP).

(j) Nothing in this section nor any other provision of the general laws shall be construed to prohibit any public utility with the approval of the commission, from forgiving arrearages of any person in accordance with the terms of a percentage of income payment plan administered by the governor's office of energy assistance for low-income households who are eligible to receive funds under the federal low income home energy assistance program.

(k) Nothing in this section or any other provision of the law shall be construed to prohibit any utility company from cutting, disconnecting, or removing mains, poles, wires, conduits, or fixtures free of charge to nonprofit housing development corporations prior to moving a building to be used as affordable housing for at least a ten (10) year period.

( l ) Nothing in this section nor any other provision of the general laws shall be construed to prohibit any telecommunications provider with the approval of the commission, from offering any person, firm or corporation a reduced rate, provided such rate covers all costs.

39-2-11 Penalty for refusal of carrier to receive and transport.-- Every common carrier who shall refuse or neglect to receive and transport goods, wares, and merchandise in the manner {DEL above DEL} {ADD as ADD}provided {ADD in this chapter ADD}, shall be fined not less than fifty dollars ($ 50.00) nor more than five hundred dollars ($ 500).

39-2-12 Civil liability of carrier for refusal.-- Every common carrier who shall so neglect or refuse shall also be civilly liable to any person aggrieved for any injury sustained by him or her by reason of {DEL such DEL}{ADD the carrier's ADD} neglect or refusal.

39-2-15 Interference with construction --Notice.-- (a) No utility shall interfere with, or delay the progress of work under any contract with the state department, agency, division or board, for the construction, reconstruction, or improvements of any highway, street, road, railroad grade crossing, bridge, tunnel, underpass, overpass, or other state contract work, by failing to remove or relocate its poles, wires, cables, conduits, pipes, or any other facilities or structures within the time schedule therefor by an agreement or under the terms of an agreement between the department, agency, division or board and the utility, or, if no time is fixed by an agreement or under the terms of such an agreement, within the time fixed by the department, agency, division, or board, by notice served upon the utility by the state department, agency, division, or board.

(b) If the notice is utilized, it shall describe the public improvement and the geographical location thereof, the date of commencement, and the date of completion, if any, provided for by the contract, the contractor's name and address, the manner in which and the extent to which the facilities and structures of the utility obstruct or prevent the contractor from progressing or performing the work comprehended by the contract, and shall fix the date or time within which the utility is required to remove or relocate its facilities or structures, specifying the same, in order to provide the contractor with the site when required by the contractor for progressing or performing the work pursuant to the state contract. The notice shall be in writing and shall be served upon the utility either personally or by certified mail at its principal office or place of business in the county where the work under the contract is to be performed, or, if there be no principal office or place of business in the county, at the nearest principal office or place of business of the utility, outside of the county.

(c) In the event the utility to whom the {DEL aforesaid DEL} notice {ADD described in subsection (b) ADD}was directed is, for any reason, unable, within the prescribed period, to remove or relocate the facilities or structures specified in the notice, the utility shall immediately advise the department, agency, division, or board and the contractor, in writing, of the inability, and in the same communication so advise the department, agency, division, or board, and the contractor of the approximate date that the removal or relocation of facilities or structures could be effected; and shall further state the basis for the inability of the utility to remove or relocate the facilities or structures within the time specified by the notice served thereon by the department, agency, division, or board. The department, agency, division, or board, after examining and considering the utility's basis for establishing a different schedule for the removal or relocation, shall, if its basis is reasonable, establish and notify the utility of a revised schedule for completing the removal or relocation.

(d) In cases where the utility has been reimbursed for removal, relocation, replacement, or reconstruction, a utility failing to complete the removal or relocation of the structures or facilities within a period of thirty (30) days beyond the time fixed therefor by the latest time schedule established in accordance with this section, shall be liable and responsible to any contractor for any damages, direct or consequential, sustained by any contractor as the result thereof, in an action to be brought by the contractor against the utility in a court of competent jurisdiction within three (3) years from the time fixed for the removal or relocation of the structures or facilities. If an action is commenced against a utility, as heretofore provided, the utility may interpose in its answer in the action any defense available under the provisions of the civil practice law and rules. The unreasonableness of the time schedule imposed by the state department, agency, division, or board shall be an absolute defense by the utility to any action by the contractor. If, in any action, the utility is found to owe nothing to the contractor, or if an offer of settlement is made by the utility which is not accepted by the contractor, and the resulting verdict against the utility is less than the offer of settlement, then in either event, the total cost of the utility of litigation, including reasonable attorney's fees, shall be paid to the utility by the contractor.

SECTION 106. Sections 39-3-1, 39-3-1.1, 39-3-11, 39-3-17, 39-3-19, 39-3-25, of the General Laws in Chapter 39-3 entitled "Regulatory Powers of Administration" are hereby amended to read as follows:

39-3-1 Services for which certificate of necessity required.-- No public utility whether privately owned or a quasi public agency shall distribute electricity or furnish or sell gas in any town or city in which any other public utility is at the time distributing electricity or furnishing or selling gas to the public generally, unless the public utility desiring to distribute electricity or to furnish or sell gas shall first have obtained a certificate from the division of public utilities and carriers certifying that public convenience and necessity require the same. Nothing {DEL herein DEL}contained {ADD in this ADD} {ADD chapter ADD} shall be construed to require a certificate to be obtained as a condition of distributing electricity or furnishing or selling gas in any town or city by any public utility which was actually distributing electricity or furnishing or selling gas to the public generally in the town or city on or prior to January 1, 1996 or by any successor to the public utility. The division shall not grant any such certificate to any electric distribution company if the electric distribution company that is distributing electricity in the town or city offers to provide distribution service to all customers served by any nonregulated power producer, whether affiliated or not, on comparable prices and terms approved pursuant to this title, including the transition charge pursuant to section 39-1-27.4.

39-3-1.1 Purchasing cooperatives.-- Purchasing cooperatives may at any time be organized consisting of any group of electricity consumers for the purpose of negotiating for electric power from nonregulated power producers. Such purchasing cooperatives shall be considered to be associations of electricity consumers organized solely for the purpose of negotiating the purchase of electric power by members of the cooperative. Purchasing cooperatives are specifically not required to be legal entities and are hereby prohibited from engaging in resale of electric power. Electricity consumers will maintain individual accounts with the nonregulated power producer with which a contract is concluded. Electricity consumers may withdraw from a purchasing cooperative at any time by providing thirty (30) days notice to the cooperative and to nonregulated power producers with which a purchasing cooperative has reached an agreement. Nothing in this {DEL paragraph DEL} {ADD section ADD}shall prevent a cooperative from becoming a legal entity or utilizing a legal entity to negotiate for rates for the purchasing cooperative.

39-3-11 Notice of change in rates --Suspension of change --Hearings.-- (a) No change shall be made in the rates, tolls, and charges which have been filed and published by any public utility in compliance with the requirements of section 39-3-10, except after thirty (30) days notice to the commission and to the public published as {DEL aforesaid DEL}{ADD provided in section 39-3-10 ADD}, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rates, tolls, or charges will go into effect. Whenever the commission receives notice of any change or changes proposed to be made in any schedule filed under the provisions of section 39-3-10, the commission shall hold a public hearing and make investigation as to the propriety of the proposed change or changes. After notice of any investigation, the commission shall have power, by any order served upon the public utility affected, to suspend the taking effect of the change or changes pending the decision thereof, but not for a longer period than six (6) months beyond the time when the change or changes would otherwise take effect. Each hearing and investigation shall be conducted as expeditiously as may be practicable, and with a minimum of delay. Within ninety (90) days after the completion of any hearing, the commission shall make such order in reference to any proposed rate, toll, or charge as may be proper. Notwithstanding the provisions of this section, the commission shall periodically hold a public hearing and make investigation as to the propriety of rates when charged by any public utility and shall make such order in reference to the rate, toll, or charge as may be just. The hearing prescribed by this section may be held simultaneously with the hearing prescribed by section 39-3-7. In the event of an appeal from an order of the commission in any hearing under this section, the order shall remain in full force and effect during the pendency of said appeal.

(b) Upon receipt from a common carrier of persons and/or property upon water of a notice of any change proposed to be made in any schedule filed pursuant to section 39-3-10, the commission shall give notice as it may prescribe of the pendency of the proposal and of the time and place of hearing thereon to the mayor and also any city manager of each city, and to the president of the town council and also any town manager of each town in which the carrier picks up or discharges passengers. The commission shall also publish a notice of the hearing at least ten (10) days prior to the date thereof in a newspaper of general circulation in each city or town in which the carrier picks up or discharges passengers. In all other respects, hearings and investigations with respect to the proposals by the carriers shall be governed by the provisions of subsection (a) of this section.

(c) The Kent County water authority shall provide notice by certified mail of rate increase requests to the several fire districts which purchase water from the authority.

(d) Costs incurred by electric distribution companies for filing rates, tolls and charges, for participating in hearings and investigations prior to December 31, 2000 or for appealing commission decisions rendered prior to December 31, 2000 pursuant to this section shall not be included in the rates, tolls or charges established by the commission pursuant to this section.

39-3-17 Procedure for obtaining authority for security issues.-- (a) The proceedings for obtaining the consent and authority of the division for {DEL such DEL} {ADD the ADD} {ADD security ADD}issue as provided in sections 39-3-15 --39-3-23, inclusive, shall be as follows:

(1) In case the stocks, bonds, notes, or other evidence of indebtedness are to be issued for money only, the public utility shall file with the division a statement, signed and verified by the president and secretary thereof, setting forth:

(i) The amount and character of the stocks, bonds, or other evidence of indebtedness;

(ii) The purposes for which they are to be issued;

(iii) The terms upon which they are to be issued;

(iv) The total assets and liabilities of the public utility in such detail as the division may require;

(v) If the issue is desired for the purpose of reimbursement of money expended from income, as herein provided, the amount expended, when and for what purposes expended; and

(vi) Such other facts and information pertinent to the inquiry as the division may require.

(2) If the stocks, bonds, notes, or other evidence of indebtedness are to be issued, partly, or wholly for property or services or other consideration than money, the public utility shall file with the division a statement, signed and verified by its president and secretary, setting forth:

(i) The amount and character of the stocks, bonds, or other evidence of indebtedness proposed to be issued;

(ii) The purposes for which they are to be issued;

(iii) The description and value of the property or services for which they are to be issued;

(iv) The terms on which they are to be issued or exchanged;

(v) The amount of money, if any, to be received from the same in addition to the property, service, or other consideration;

(vi) The total assets and liabilities of the public utility in such detail as the division may require; and

(vii) Such other facts and information pertinent to the inquiry as the division may require.

(b) For the purpose of enabling the division to determine whether it should issue the order, it shall hold such hearings, make such inquiries or investigations, examine such witnesses, books, papers, documents, and contracts as it may deem proper.

39-3-19 Unauthorized securities.-- All stocks, bonds, notes, or other evidence of indebtedness, payable at periods of more than twelve (12) months after the date of issue thereof, issued by any public utility after April 30, 1936 without the consent or permission of the division, as {DEL herein DEL} provided {ADD in this chapter ADD}, shall be void and of no effect.

39-3-25 Proceedings for approval of transactions between utilities.-- The proceedings for obtaining the consent and approval of the division for such authority shall be as follows:

There shall be filed with the division a petition, joint or otherwise, as the case may be, signed and verified by the president and secretary of the respective companies, clearly setting forth the object and purposes desired, stating whether or not it is for the purchase, sale, lease, or making of contracts or for any other purpose in section 39-3-24 provided, and also the terms and conditions of the same. The division shall upon the filing of the petition, if it deem {DEL the same DEL} {ADD a hearing ADD} necessary, fix a time and place for the hearing thereof. If, after the hearing, or, in case no hearing is required, the division is satisfied that the prayer of the petition should be granted, that the facilities for furnishing service to the public will not thereby be diminished, and that the purchase, sale, or lease and the terms thereof are consistent with the public interest, it shall make such order in the premises as it may deem proper and the circumstances may require.

SECTION 107. Sections 39-4-1, 39-4-8, 39-4-13, 39-4-17, 39-4-18 and 39-4-21 of the General Laws in Chapter 39-4 entitled "Hearings and Investigations" are hereby amended to read as follows:

39-4-1 Investigation of personal injuries and deaths.-- Every public utility shall, whenever any accident attended with loss of human life, or serious injury occurs within this state, directly or indirectly arising from or connected with its maintenance or operation, give immediate notice thereof to the division. In the event of any accident, the division, if it deem that the public interest requires it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless for the greater convenience of those concerned, it shall order the investigation to be held at some other place; and the investigation may be adjourned from place to place as may be found necessary and convenient. The division shall reasonably notify the public utility of the time and place of the investigation. The notice {DEL herein DEL} required {ADD by this section ADD} to be given shall not be admitted as evidence or used for any purpose against the public utility giving notice, in any suit, action, or proceeding brought for damages growing out of any matter mentioned in the notice; nor shall the notice be admitted as evidence or be used for any purpose in any criminal proceeding brought against the public utility giving notice, or against any of its officers, agents, or employees, growing out of any matter mentioned in the notice.

39-4-8 Filing of contracts.-- Upon any hearing and investigation the division may require the public utility to file with it a copy of any contract for the purchase of electricity, light, heat, or power, certified by its secretary or treasurer, which shall be open to inspection by the complainant or counsel for the complainant, and the division may consider the reasonableness of the amounts to be paid in accordance with the provisions of the contract for electricity, light, heat, or power insofar as the {DEL same DEL} {ADD amounts ADD} shall be relevant to the matters subject to discussion at the hearing and investigation.

39-4-13 Summary investigation by division.-- Whenever the division shall believe that any of the rates, tolls, charges, or any joint rate or rates, charged, demanded, exacted, or collected by any public utility are in any respect unreasonable, or unjustly discriminatory or otherwise in violation of this title, or that any regulation, measurement, practice, or act whatsoever of such public utility, affecting or relating to the conveyance of persons or property, or any service in connection therewith, or affecting or relating to the production, transmission, delivery, or furnishing of heat, light, water, or power, or any service in connection therewith, or the conveyance of telephone or telegraph messages, or any service in connection therewith, is in any respect unreasonable, insufficient, or unjustly discriminatory; or that any service of the public utility is inadequate or cannot be obtained, or is unsafe, or the public health is endangered thereby; or that an investigation of any matter relating to a public utility should, for any reason be made, it shall summarily investigate the same with or without notice as it shall deem proper. The summary investigation {DEL herein DEL} {ADD as ADD} provided {ADD under this section ADD} shall be in addition to the hearings conducted pursuant to the provisions of sections 39-3-7 and 39-3-11.

39-4-17 Rescission or alteration of orders.-- The public utilities administrator may, at any time, upon notice to the public utility and after opportunity to be heard as provided in section 39-4-5, rescind, alter, or amend any order fixing any rate, toll, charge, joint rate or rates, or any other order made by the public utilities administrator, and certified copies of the {DEL same DEL} {ADD order ADD} shall be served and take effect as herein provided {ADD in section 39-4-16 ADD} for original orders.

39-4-18 Review of grade crossing ordinances.-- All orders, decisions, requests, or ordinances hereafter made by any town or city council under the provisions of sections 39-8-2, 39-8-3, and 39-8-12, shall be subject to the supervision and control of the division as {DEL herein DEL} provided {ADD in this section ADD}. Upon the written complaint of any public utility, or by ten (10) qualified electors, residents of the town or city, the order of whose town council shall be drawn in question, upon the ground that the order, decision, request, or ordinance is unreasonable, the division shall set a hearing as provided in section 39-4-4, and if the commission shall find that the order, decision, request, or ordinance is unreasonable, the order, decision, request, or ordinance shall be void; provided, that nothing in this chapter shall be construed to take away or limit the existing powers of the town or city councils to abolish grade crossings.

39-4-21 Privilege against self-incrimination.-- No person shall be excused from testifying or from producing any books, accounts, papers, records, or documents in any investigation or inquiry by, or upon any hearing before, the division or member thereof when ordered to do so by the division or member, upon the ground that the testimony or evidence, accounts, papers, records, books, or documents, required of him or her may tend to incriminate him or her or subject him or her to penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which he or she shall, under oath, by order of the division or a member thereof, have testified or produced the documentary evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony. Nothing {DEL herein DEL} contained {ADD in this section ADD} is intended to give or shall be construed as in any manner giving any corporation immunity of any kind from the law.

SECTION 108. Section 39-5-5 of the General Laws in Chapter 39-5 entitled "Appeals" is hereby amended to read as follows:

39-5-5 Discovery of new evidence.-- If after appeal has been taken to the supreme court, new evidence shall be discovered by any party, an affidavit setting forth the newly discovered evidence shall be filed in the supreme court, and if that court finds the {DEL same DEL} {ADD newly discovered evidence ADD} to be of such character and sufficient importance to warrant reconsideration of the matter by the commission, the clerk of the supreme court shall transmit a copy of the affidavit to the commission for further consideration, and the court shall stay further proceedings in the supreme court for such time as it shall deem proper. The commission upon receiving the new evidence may confirm, alter, amend, rescind, or reverse the judgment or order which was appealed, and shall report its action to the court forthwith transmitting therewith a transcript of the new testimony. If the commission rescinds or reverses its prior judgment or order, the appeal shall be dismissed. If the prior order or judgment is confirmed, or if it is altered or amended, the altered or amended judgment or order shall be substituted for the original order or judgment, and the proceedings in the supreme court shall continue accordingly.

SECTION 109. Sections 39-6-6, 39-6-8, 39-6-18, 39-6-19, 39-6-20, 39-6-21, 39-6-24 and 39-6-29 of the General Laws in Chapter 39-6 entitled "Railroad Companies" are hereby amended to read as follows:

39-6-6 Security for damages required before entry on land.-- No railroad corporation shall enter upon or use the land or materials located for the use of their railroad, except for the purpose of making surveys, until the corporation shall have given such security for the payment of all damages as shall be finally awarded for the land or materials, and for costs, as shall be required by the commissioners appointed to estimate damages; nor shall the corporation enter upon or use the land or materials as aforesaid, unless, before the assessment by the commissioners, notice that security will be given on request in writing to the commissioners, shall be served on all know persons interested in the land and materials, and residing within this state, by delivering to them or by leaving at their last and usual places of abode a written statement as {DEL aforesaid DEL}{ADD provided in this section ADD}.

39-6-8 Reversion of abandoned lands.-- Any and all lands, materials, and their appurtenances, covered by an abandoned location, that may have been taken or used and not paid for by the railroad company before abandonment, shall immediately, on the report thereof to such court as {DEL aforesaid DEL}{ADD provided in section 39-6-7 ADD}, revert to, and the title thereof become revested in, the several owners thereof, and their respective heirs and assigns, in the same way and with the same effect as if the location had never been made, and such abandonment and reverter may be pleaded by the railroad company in offset and diminution of damages, if any, in any action or proceeding to recover damages for the taking or use.

39-6-18 Reduction of facilities by agreements --Filing of contracts.-- The facilities for travel and business on either of the roads of any corporations acting under the provisions of sections 39-6-16 --39-6-18, inclusive, shall not be diminished by the terms or conditions of any agreement {DEL hereunder DEL}{ADD under this chapter ADD}, and copies of all contracts made under the provisions of the sections shall be filed with the division of public utilities within thirty (30) days after execution thereof, who shall set forth a full statement thereof in their next annual report.

39-6-19 Sale of equipment with reserved title or lien --Lease with option to purchase.-- In any contract for the sale of railroad or street railway equipment or rolling stock, it shall be lawful to agree that the title to the property sold, or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money. And in any contract for the leasing or hiring of property, it shall be lawful to stipulate for a conditional sale thereof at the termination of the contract, and that the rentals or amounts to be received under the contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by the lessee or bailee; provided, that no such contract shall be valid as against any subsequent judgment creditor, or any subsequent bona fide purchaser for value and without notice, unless:

(1) The{DEL same DEL} {ADD contract ADD} shall be evidenced by an instrument executed by the parties and duly acknowledged by the vendee or lessee or bailee, as the case may be, or duly proved, before some person authorized by law to take acknowledgment of deeds, and in the same manner as deeds are acknowledged or proved;

(2) The instrument shall be filed for record in the office of the secretary of state;

(3) Each locomotive engine or car so sold, leased, or hired, or contracted to be sold, leased, or hired, as aforesaid, shall have the name of the vendor, lessor, or bailor plainly marked on each side thereof, followed by the word "Owner," or "Lessor," or "Bailor," as the case may be.

39-6-20 Recording of contracts --Declaration of full payment or performance of conditions --Fees.-- The contracts herein authorized shall be recorded by the secretary of state in a book of records to be kept for that purpose. And on payment in full of the purchase money, and the performance of the terms and conditions stipulated in any contract, a declaration in writing to that effect may be made by the vendor, lessor, or bailor, or his or her or its assignee, which declaration may be made on the margin of the record of the contract, duly attested, or it may be made by a separate instrument, to be acknowledged by the vendor, lessor, or bailor, or his or her or its assignee, and recorded as {DEL aforesaid DEL}{ADD provided in this section ADD}. And for such services the secretary of state shall be entitled to demand and retain for the use of the state the sum of fifty cents (50/c) for each one hundred (100) words recorded, for recording each of the contracts and each of the declarations, and a fee of fifty cents (50/c) for noting the declaration on the margin of the record.

39-6-21 Prior contracts for sale of equipment.-- Sections 39-6-19 and 39-6-20 shall not be held to invalidate or affect in any way any contract made prior to February 21, 1893, of the kind referred to in section 39-6-19, and any contract theretofore made may, upon compliance with the provisions of sections 39-6-19 and 39-6-20, be recorded as {DEL herein DEL} provided {ADD in this section ADD}.

39-6-24 Redemption of franchise and property from sale on execution.-- The franchise and property of a railroad corporation may be redeemed by it, or any mortgagee thereof, from sale on execution by paying or tendering to the purchaser the sum paid therefor at the sale, with interest, at any time within sixty (60) days after the final determination of any appeal to reverse the judgment upon which the execution issued, or of any suit to test the validity of the sale, brought before the sale or within sixty (60) days thereafter; but nothing {DEL herein DEL} {ADD in this section ADD} shall be construed as authorizing a sale.

39-6-29 Caboose car or rider car.-- (a) It shall be unlawful for any corporation or individual to maintain, equip, or use within the state, any railroad caboose car, a rider car, or any car used as either a caboose car or rider car, unless the car is equipped with suitable and adequate water supply to provide for sanitary washing, toilet, and drinking facilities, and further, unless the interior of the car is illuminated by electric lights of sufficient candle power to enable employees working in the caboose or rider cars to perform their respective duties safely and without undue eye strain; provided, however, that any of the aforesaid car or cars which are operated or used exclusively between one hour after sunrise and one hour before sunset need not be equipped as {DEL aforesaid DEL}{ADD provided in this section ADD}.

(b) Any violation of the provisions of this section shall be considered a misdemeanor, punishable by a fine of not less than two hundred dollars ($ 200) nor more than one thousand dollars ($ 1,000) for each separate offense.

SECTION 110. Section 39-8-8 of the General Laws in Chapter 39-8 entitled "Railroad Crossings" is hereby amended to read as follows:

39-8-8 Maintenance of highways occupied by rails.-- Every corporation which maintains or uses railroad tracks in any street or highway in any town or city in this state, shall be liable to keep and maintain in good order and repair, including paving and repaving whenever and wherever necessary, that portion of any street or highway occupied by its railroad and eighteen inches (18") outside of any of its rails, in order that the streets and highways may be safe and convenient for travelers with their vehicles at all times, and the extent of the liability shall not be varied; provided, however, that the character of the paving, repaving, and repairing, shall be such as is from time to time fixed by the town or city councils of the respective towns and cities; and provided, further, that nothing {DEL herein contained DEL}{ADD in this section ADD} shall relieve any railroad corporation from the payment of any sum of money which it is now required by law to pay to any town or city for the use and occupancy of the streets and highways in the town or city.

SECTION 111. Sections 39-10-4 and 39-10-6 of the General Laws in Chapter 39-10 entitled "Expressmen" are hereby amended to read as follows:

39-10-4 Replacement of attorney on termination of power.-- If the attorney shall die or resign or be removed, the corporation, individual, or co-partnership shall make a new appointment, as {DEL aforesaid DEL}{ADD provided in section 39-10-2 ADD}, and file a copy with the secretary of state as {DEL above described DEL}{ADD provided in section 39-10-3 ADD}, so that at all times there shall be within the state an attorney authorized as {DEL aforesaid DEL}{ADD provided in section ADD}{DEL DEL}{ADD 39-10-2 ADD}; and no power of attorney shall be revoked until after like power shall have been given to some competent person and a copy thereof filed as aforesaid.

39-10-6 Corporation charter or list of partners filed.-- Every corporation or co-partnership shall file in the office of the secretary of state, with the written power {DEL aforesaid DEL}{ADD described in section 39-10-2 ADD}, a copy of the charter of the corporation or a list of the names and the places of residence of all the members of the co-partnership.

SECTION 112. Sections 39-11-14 and 39-11-20 of the General Laws in Chapter 39-11 entitled "Air Carriers" are hereby amended to read as follows:

39-11-14 Revocation, suspension, or modification of certificate.-- Upon application of any person, or upon his or her own motion, and upon at least ten (10) days notice to the parties affected thereby, and for good cause, and after an opportunity for a hearing on the {DEL same DEL}{ADD application ADD}, the administrator may revoke, suspend, alter, amend, or modify any and all of his or her orders and findings, but no certificate shall be amended, altered, modified, revoked, suspended, or impaired except after like notice and opportunity to be heard and upon clear proof of good, just, and sufficient cause.

39-11-20 Certification of interstate carrier.-- Within a reasonable time after the filing of an application, the administrator shall issue a certificate to the applicant without a hearing thereon for that portion of the interstate operation which is within this state, upon such terms and conditions as he or she may deem proper and in the public interest, but the terms and conditions shall not conflict with those under which the federal certificate is issued. Any rights conferred upon the holder of any certificate issued under the provisions of sections 39-11-19 --39-11-21, inclusive, as well as the terms and conditions applicable thereto, shall apply only to intrastate operations performed in conjunction with interstate operations under the federal certificate, and the certificate issued {DEL hereunder DEL} {ADD under this section ADD} shall not be construed to grant to the holder thereof the right to operate otherwise as an intrastate carrier.

SECTION 113. Sections 39-12-4, 39-12-8, 39-12-12, 39-12-15, 39-12-16, 39-12-27, 39-12-27.1, 39-12-33, 39-12-34, 39-12-39, of the General Laws in Chapter 39-12 entitled "Motor Carriers of Property" are hereby amended to read as follows:

39-12-4 General powers and duties of the administrator.-- (a) It shall be the duty of the administrator:

(1) To regulate common carriers by motor vehicle as provided in this chapter, and, to that end, the administrator may establish reasonable requirements with respect to continuous and adequate service, uniform system of accounts, records and reports, and preservation of records;

(2) To regulate contract carriers by motor vehicle as provided in this chapter, and, to that end, the administrator may establish reasonable requirements with respect to uniform system of accounts, records, and reports, and preservation of records;

(3) To administer, execute, and enforce all provisions of this chapter, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedure of administration;

(4) For the purposes of the administration of the provisions of this chapter, to inquire into the management of the business of motor carriers and into the management of the business of persons controlling, controlled by, or under common control with, motor carriers to the extent that the business of the persons is related to the management of the business of one or more motor carriers, and the administrator shall keep him or herself informed as to the manner and method in which the same are conducted, and may obtain from the carriers and persons the information as the administrator deems necessary to carry out the provisions of this chapter.

(5) To administer, execute and enforce all provisions of chapter 12.1 of this title and to make all necessary orders in connection therewith and to prescribe rules, regulations and procedure of administration.

(b) The administrator may from time to time establish the just and reasonable classifications of groups of carriers included in the term "common carrier," or "contract carrier," as the special nature of the service performed by carrier shall require; and such just reasonable rules, regulations, and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the administrator deems necessary or desirable in the public interest.

(c) Upon complaint in writing to the administrator by any person, organization, or body politic or upon his or her own initiative without complaint, the administrator may investigate whether any motor carrier has failed to comply with any provisions of this chapter, or with any requirements established pursuant thereto. If the administrator, after notice and hearing, finds upon any investigation that the motor carrier has failed to comply with any provisions or requirement, the administrator shall issue an appropriate order to compel the carrier to comply therewith. Whenever the administrator is of the opinion that any complaint does not state reasonable grounds for investigation and action on his or her part, he or she may dismiss the complaint. Whenever a formal investigation shall be made by the administrator, it shall be his or her duty to make a report in writing in respect thereto, which shall state the conclusions of the administrator, together with his or her decision, order, or requirement in the premises. All reports of investigations made by the administrator shall be entered of record, and a copy thereof shall be furnished to the party who may have complained and to any common carrier or contract carrier that may have been complained of.

(d) The copies of schedules and classifications and tariffs of rates and charges, and all agreements and arrangements between common carriers filed with the administrator as {DEL herein DEL} provided {ADD in this chapter ADD}, and the statistics, tables, and figures contained in the annual or other reports of carriers filed with the administrator, as required under the provisions of this chapter, shall be preserved as public records in the custody of the administrator, and shall be received as prima facie evidence of what they purport to be for the purpose of investigation by the administrator and in all judicial proceedings, and copies of and extracts from any of the schedules, classifications, tariffs, agreements, or arrangements, or reports, made public records as {DEL aforesaid DEL}{ADD provided in this subsection ADD}, certified by the administrator, under the administrator's seal, shall be received in evidence with like effect as the originals.

(e) The administrator may establish reasonable requirements with respect to maximum hours of service of employees and safety of operation and equipment.

39-12-8 Declaration of public interest in contract carriers.-- It is hereby declared that the business of contract carrier, as {DEL herein DEL}defined {ADD in this chapter ADD}, is affected with the public interest, and that the safety and welfare of the public upon the public highways within this state, the preservation and maintenance of the highways, and the proper regulation of common carriers using highways require the regulation of contract carriers to the extent hereinafter provided.

39-12-12 Establishment of rates and charges of common carriers --Rate discrimination --Rebates.-- It shall be the duty of every common carrier of property by motor vehicle to establish, observe, and enforce just, reasonable, and reasonably compensatory rates, charges, and classification, and reasonable regulations and practices relating thereto, which shall become effective on a date fixed by the carrier, which shall be at least thirty (30) days after the filing of the tariff containing the rates, charges, and classification, unless suspended by the administrator, prior to the effective date of the tariff or classification, upon complaint of any person, organization, or body politic or by the administrator on his or her own motion. No change shall be made in any rate, charge, classification, or any rule, regulation, or practice affecting the rate, charge, or classification, or the value of the service thereunder specified in any tariff of a common carrier by motor vehicle, except after thirty (30) days notice of the proposed change filed and posted in accordance with section 39-12-11. The notice shall plainly state the changes proposed to be made and the time when the change will take effect. The administrator, in his or her discretion and for good cause shown, may allow the publication of rates or charges or a change in classification therein, upon notice less than that {DEL herein DEL}specified {ADD in this section ADD}, or may modify the requirements of this section with respect to the posting and filing of tariffs and classifications, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. The administrator, after hearing, may establish, from time to time, such reasonable rules and regulations as he or she may deem necessary pertaining to the form of tariffs, classifications, or supplements thereto, the time and manner of filing thereof, the suspension of rates before the same become effective, and bearing upon the validity of any filed or existing rate. No common carrier of property by motor vehicle shall charge or demand or collect or receive a greater or less compensation for transportation or any service in connection therewith between points enumerated in the tariff than the rates and charges specified in the filed tariffs in effect at the time; and no carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any other person, any portion of the rates or charges so specified, or extend to any person any privileges or facilities for transportation in intrastate commerce, except such as are specified in its tariffs.

39-12-15 Filing of contracts by contract carriers --Form of contract.-- Every contract carrier by motor vehicle shall file with the administrator a copy of every contract for the transportation of property by motor vehicle in effect in connection with its operations, which shall be in writing and shall be executed by all parties thereto. The period of time during which the contracts shall be in force, the charges for transportation and accessorial services, if any, and the duties and obligations of all parties thereto, shall be specifically stated {DEL therein DEL}{ADD in the contracts ADD}, and the copies shall be kept in the files of the administrator, but not opened to public inspection.

39-12-16 Duty of contract carriers to establish reasonable rates --Publication of rate schedules --Rate discrimination --Rebates.-- (a) It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable rates and charges for any service rendered or to be rendered in the transportation of property, and to establish and observe reasonable regulations and practices to be applied in connection with the reasonable rates and charges.

(b) It shall be the duty of every contract carrier by motor vehicle to publish, file with the administrator on not less than thirty (30) days notice, and keep open for public inspection in the form and manner prescribed by the administrator, schedules containing the actual rates and charges of the carrier, and any rule, regulation, or practice affecting the rates or charges, and the value of the service thereunder. A filing fee of fifty dollars ($ 50.00) must accompany all filings made pursuant to this section. All revenues received under this section shall be deposited as general revenues.

(c) No contract carrier shall engage in the transportation of property, unless the effective contract or contracts are in force, and a copy or copies filed with the administrator, and/or unless the actual charges for transportation by the carrier have been published, filed, and posted in accordance with the provisions of this chapter. No contract shall be filed nor reduction made in any charge, either directly or by means of any change in any rule, regulation, or practice affecting the charge or the value of the service {DEL thereunder DEL}{ADD under the contract ADD}, except after thirty (30) days notice of the proposed change filed in the{DEL aforesaid DEL} manner and form {ADD as provided in subsection ADD} {ADD (b ADD}); provided, that the administrator may, in his or her discretion and for good cause shown, allow the change upon less notice, or may modify the requirements of this section with respect to the posting and filing of the schedules, either in particular instances or by general order, applicable to special or peculiar circumstances or conditions.

(d) The schedule of actual rates of every contract carrier shall contain a list of all parties with whom contracts are or may from time to time be in effect, without designation of the party for whom the motor carrier services are being or are to be performed.

(e) No carrier shall demand, or collect, or charge a less compensation for transportation than the charge contained in his or her written contract and published in his or her schedule of actual rates on file with the administrator, or prescribed after a hearing by the administrator; and it shall be unlawful for any contract carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive less than the actual rates and charges so filed or prescribed. The charges of the contract carriers shall be no less than those of common carriers for substantially the same or similar service.

39-12-27 Security for protection of the public. No certificate or permit shall be issued to a motor carrier or remain in force, unless the carrier shall have furnished the administrator with evidence of insured financial responsibility. Each motor carrier shall satisfy the requirements by furnishing the administrator with proof of the carrier's ability to meet any and all legally established claim or claims for damages by reason of personal injury to, or the death of, any one person in an amount of at least two hundred and fifty thousand dollars ($ 250,000), or by reason of personal injuries to, or the death of all persons injured or killed in any one accident of five hundred thousand dollars ($ 500,000), (subject to a maximum of two hundred and fifty thousand dollars ($ 250,000) for bodily injuries to or the death of one person), and for damages to property (excluding cargo) in the amount of at least twenty-five thousand dollars ($ 25,000). A filing fee of ten dollars ($ 10.00) must accompany each insurance filing. All revenues received under this section shall be deposited as general revenues. No common or contract carrier by motor vehicle shall engage in intrastate commerce, nor shall any certificate or permit be issued to the carrier or remain in force, unless and until there shall be filed with the administrator evidence of insured financial responsibility by the carriers to meet any and all legally established claim or claims for loss or damage to all property belonging to the shipper or consignee and coming into possession of the carriers in connection with their motor carrier transportation service in an amount of at least twenty-five thousand dollars ($ 25,000); provided, however, that the requirements of this section shall not apply in connection with the transportation of commodities declared by the administrator, after notice and hearing, to be exempt from cargo insurance requirements. Each motor carrier required by the provisions of this chapter to furnish evidence of insured financial responsibility shall satisfy such requirements by filing with the administrator:

(1) A certificate of insurance issued by an insurance company authorized to transact business in this state, showing that the motor carrier has a policy of insurance in force insuring the carrier against public liability, property damage, and damage or loss to cargo, in at least the minimum amounts herein prescribed; or

(2) A certificate on blanks furnished by the administrator and issued by the general treasurer that the motor carrier has filed with the general treasurer a bond in the amount of one hundred thousand dollars ($ 100,000), issued by a surety company authorized to transact business in Rhode Island and conditioned upon payment of any sum up to and including the maximum amounts required {DEL herein DEL} {ADD in this section ADD} in the satisfaction of any final judgment rendered as the result of any claim, or claims for damages against the motor carrier. The administrator will give consideration to and will approve the application of a motor carrier to qualify as a self-insurer in lieu of the insurance prescribed {DEL herein DEL} {ADD in this section ADD}, if the carrier furnishes a true and accurate statement of its financial condition and other evidence as will establish to the satisfaction of the administrator the ability of the motor carrier to satisfy its obligations for liability and bodily injury or death and liability for the property damage in the minimum amounts prescribed therein without affecting the stability or permanency of the business of the motor carriers. All certificates of insurance, surety bonds, and other securities and agreements filed with the administrator must show the coverage effective continuously until canceled. Certificates of insurance, surety bonds, and other securities and agreements shall not be canceled or withdrawn until after thirty (30) days notice in writing by the insurance company, surety or sureties, motor carrier, or other party thereto, as the case may be, has first been given to the administrator at his or her office in Providence, which period of time shall commence to run from the date the notice is actually received at the office of the administrator. However, the surety bonds, certificates of insurance, and other securities and agreements may be canceled prior to the expiration of the thirty (30) days, if on or before the date notice of cancellation is received at the office of the administrator, a replacement filing acceptable to the administrator shall have been received, the replacement being effective on or before the effective date of the cancellation. No cancellation may become effective before the date of receipt of the notice by the administrator.

39-12-27.1 Advertisements by transporters of household goods. (a) Every motor carrier engaged in the transportation of household goods between points within the state including a carrier providing a service incidental to or part of such intrastate transportation shall include and shall require each of its agents to include in every advertisement as defined {DEL herein DEL} {ADD in this section ADD}, the name or trade name of the motor carrier under whose operating authority the advertised service will originate and the certificate of public convenience number or permit number issued to such operating authority by the public utilities commission.

(b) As used in this section "advertisement" shall mean any written or printed communication to the public in connection with an offer or sale of any intrastate transportation service but not including the name, address, and telephone number of the carrier.

39-12-33 Enforcement by police departments. The administrator is hereby authorized to avail him or herself of such state, city, and town police departments as are or may hereafter be existing by law, to enforce the provisions of this chapter and the rules, regulations, and orders of the administrator made {DEL hereunder DEL} {ADD under this chapter ADD}; and the police departments are hereby given the necessary authority and power, in addition to those which they now possess, to carry into effect the directions of this section.

39-12-34 Self-incrimination --Immunity from prosecution. No person shall be excused from testifying or from producing any books, accounts, records, memoranda, correspondence, or other documents in any investigation or inquiry by or upon any hearing before the administrator, when ordered to do so by the administrator, upon the ground that the testimony or evidence, books, accounts, records, memoranda, correspondence, or other documents required of him or her may tend to incriminate him or her or subject him or her to penalties or forfeitures; but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which he or she shall, under oath, by order of the administrator, have testified or produced documentary evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony. Nothing {DEL herein DEL} {ADD in this section ADD} contained is intended to give or shall be construed as in any manner giving any corporation immunity of any kind from the law.

39-12-39 Annual appropriations. The general assembly shall annually appropriate such sums as it may deem necessary to carry out the provisions of this chapter, and in so doing shall take into consideration the fees collected {DEL hereunder DEL} {ADD under this chapter ADD}.

SECTION 114. Sections 39-12.1-3, 39-12.1-4, 39-12.1-5 and 39-12.1-8 of the General Laws in Chapter 39-12.1 entitled "The Towing Storage act" are hereby amended to read as follows:

39-12.1-3 Removal of abandoned, abandoned and of no value and unattended vehicles. (a) Any member of any police department or the owner or person in control of private property may order the removal of any abandoned or unattended vehicle or, any member of any police department, upon completion of a vehicle survey report, as defined {DEL herein DEL} {ADD in this chapter ADD}, may order the removal of any abandoned vehicle of no value by a certificated tower and may instruct said certificated tower to remove said vehicle to its own place of storage.

(b) The last registered owner and/or the legal owner, or the person who left a vehicle in a position so that the same becomes abandoned, abandoned and of no value or unattended shall be liable for all reasonable costs of recovery, towing and storage in accordance with the certificated towers' tariff.

(c) Any member of a police department observing a vehicle on or near a public way which appears to be abandoned, abandoned and of no value or unattended shall tag the same by affixing securely to the same a colored form, or by using an easily observable sticker. Said tag or sticker shall show:

(1) The date and time of tagging, and the name and telephone number of the police department;

(2) That the vehicle will be removed pursuant to this chapter unless the vehicle is removed after forty-eight (48) hours, provided, however, the police officer may order the immediate removal of said vehicle without prior tagging as {DEL herein DEL} provided {ADD in this section ADD} if it is parked illegally, causes traffic congestion or hazard or when the operator is not allowed to continue to operate said vehicle after having been detained for operating in violation of the law.

(d) No person in possession of a vehicle which, in the opinion of the police officer in charge of the scene, needs to be removed to another location, shall be denied the right to have any certificated tower of his choice attend to the removal; provided, however, that allowing {DEL such DEL} {ADD the choice of certified tower ADD} does not cause a continuation of traffic congestion or of a hazardous condition on the highway which said police officer is able to eliminate by other means. When the hazardous condition has been eliminated, the said person's choice shall be employed to remove said vehicle to the place selected by such person in possession.

39-12.1-4 Notice and processing of abandoned and unclaimed motor vehicles by certificated tower. (a) A certificated tower removing an abandoned or unattended vehicle shall notify within fourteen (14) days thereof, by registered mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record at the address shown in the records of the appropriate registry in the state in which said vehicle is registered that the vehicle has been taken into custody. The notice shall be substantially in the form provided in section 39-12.1-13 and shall describe:

(1) The year, make, model and serial number of the vehicle.

(2) The name, address and telephone number of the certificated tower.

(3) That vehicle is in the possession of that certificated tower.

(4) That recovery, towing and storage charges are accruing as a legal liability of the registered and/or legal owner.

(5) That the certificated tower claims a possessory lien for all {DEL such DEL} {ADD recovery, towing, and storage ADD} charges.

(6) That the registered and/or legal owner may retake possession at any time during business hours by appearing, proving ownership, and paying all charges due the certificated tower pursuant to its published tariff.

(7) That should the registered and/or legal owner consider that the original taking was improper or not legally justified, he has a right to file an administrative complaint pursuant to chapter 12 of this title to contest such original taking.

(8) That if no claim is filed and the vehicle is not claimed and possession retaken or arranged for within thirty (30) days of the mailing of the notice, the lien will be foreclosed and said vehicle will be sold at public auction.

(9) That the proceeds of the sale shall be first applied to recovery, towing, and storage charges with and excess proceeds being deposited as provided in accordance with section 39-12.1-9(d)(3) hereof.

(10) That any recovery, towing and storage charges in excess of the sale proceeds shall remain as a civil obligation of the registered and/or legal owner.

(b) If the identity of the last registered owner cannot be determined from the records of the appropriate registry in the state in which the vehicle is registered, or if the registration contains no address for the ownership or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one (1) publication in one (1) newspaper of general circulation in the area where the vehicle was abandoned or left unattended shall be sufficient to meet all requirements of notice pursuant to this chapter. Such notice by publication may contain multiple listings of abandoned or unattended vehicles. Any such notice shall be within the time requirements prescribed for notice by registered mail and shall have the same contents required for a notice by registered mail.

39-12.1-5 Special procedure regarding certain abandoned vehicles. (a) If an abandoned, abandoned and of no value, or unattended vehicle, as defined {DEL herein DEL} {ADD in section 39-12-2 ADD} is at least ten (10) years old, or less than ten (10) years old and has altered vehicle identification number, has not been registered within one year, has no established fair market value and would not pass a safety inspection pursuant to chapter 38 of title 31 a certificated tower shall not be required to comply with the provisions of section 39-12.1-4.

(b) If a police department takes possession or orders the removal of a vehicle which meets the requirements of this section the police department shall request that the state police conduct a computer search to determine if the vehicle is a stolen vehicle. The police department shall remove the vehicle identification number from the vehicle, and shall maintain a record of all numbers removed from vehicles for a period of two (2) years.

(c) A police department which complies with the provisions of this section may dispose of the vehicle in accordance with the provisions of section 39-12.1-9 five (5) days after the removal of the vehicle identification number.

39-12.1-8 Notice prior to enforcement of possessory lien. (a) Prior to enforcement of its possessory lien as provided in section 39-12.1-9, the certificated tower shall give notice by registered mail, return receipt requested, to the last known registered owner and all known lienholders of record, at the address shown on the records appropriate of the registry, in the state of which such vehicle is registered, substantially in the form provided in section 39-12.1-14, stating:

(1) That no complaint having been filed and that the vehicle has not been claimed or possession retaken or arranged for within thirty (30) days of the notice given pursuant to section 39-12.1-4.

(2) That the certificated tower claims a possessory lien for all recovery, towing and storage charges.

(3) That the registered and/or legal owner may retake possession at any time during business hours by appearing, proving ownership, and paying all charges due the certificated tower pursuant to its published tariff; and

(4) That if the vehicle is not claimed and possession retaken, or arranged for, within ten (10) days of the mailing of the notice, the lien will be foreclosed and said vehicle will be sold at public auction;

(5) The date, time and place at which said public auction shall occur.

(6) That any charges in excess of the sale proceeds shall remain as a civil obligation of the owner.

(b) If the identity of the last known registered owner and/or the lienholders cannot be determined by a request to the appropriate registry in the state in which such vehicle is registered, notice by the certificated tower pursuant to section 39-12.1-4(b) shall be sufficient notice prior to foreclosure of the possessory lien; provided, however, in such instance, no such foreclosure shall occur prior to sixty (60) days after the date of notice by said certificated tower.

(c) During such sixty (60) day period {ADD described in subsection (b) ADD} , provided for in section 39-12.1-9(a) should the last registered and/or legal owner receive actual notice containing the items referred to in subparagraph (a) {DEL above DEL} {ADD of this section ADD}, the certificated tower may proceed with lien foreclosure procedures set forth in this chapter.

(d) Notwithstanding the fact that the last registered owner of said vehicle proves that said vehicle has been sold to another owner but that the registration has not been transferred, the last registered owner shall remain primarily liable to said certificated tower for all charges incurred for towing and storage charges less whatever proceeds are realized at the foreclosure sale.

(e) In the event it shall be determined that failure to locate the last registered and/or legal owner and/or lienholders was caused by any misinformation furnished by any agency of government, or because of lack of information which such agency has the legal duty to provide, and providing that said certificated tower shall have exercised its best efforts to locate said last registered and/or legal owner and/or lienholders such certificated tower shall be absolved of any civil duty to the lawful owner of said vehicle, and shall have complete defense against any criminal charges growing out of the disposal of such vehicle as {DEL hereinabove DEL} provided {ADD in this section ADD}. In this regard, a certificated tower shall rely on the performance of law enforcement to comply with statutes dealing with the reporting of vehicles reported stolen. (In addition, proof by the certificated tower of having made inquiry of the appropriate registry in the state in which the vehicle is registered in manner required by said registry shall constitute best efforts.)

SECTION 115. Sections 39-13-10, 39-13-11 and 39-13-12.2 of the General Laws in Chapter 39-13 entitled "Motor Passenger Carriers" are hereby amended to read as follows:

39-13-10 Display of certificate. The owner or operator of every jitney shall display in a conspicuous place {DEL therein such DEL} {ADD in the jitney the ADD} certificate {ADD issued pursuant to this chapter ADD} or a certified copy thereof.

39-13-11 Registration and licensing of vehicles and operators --CPR training requirement. (a) Upon the granting of a certificate of public convenience and necessity as {DEL hereinbefore DEL} provided {DEL for DEL} {ADD in this chapter ADD}, the division of motor vehicles shall have jurisdiction over the registration of any jitney and over the licensing of its operator and its lighting, safety, and sanitary conditions.

(b) Effective January 1, 1986, no new license shall be issued to a jitney operator unless he or she has presented evidence of satisfactory completion of a cardiopulmonary resuscitation (CPR) training program. The program is to be approved by the American heart association, Rhode Island affiliate, inc., or the American red cross association, inc., provided, however, that any person licensed as a jitney operator prior to January 1, 1986 shall not be required to complete the training program.

(c) This section shall not apply to operators of "taxicabs" or "limited public motor vehicles" as defined in chapter 14 of this title.

39-13-12.2 Registration and identification of vehicles. Every interstate motor carrier engaged in the transportation of passengers for compensation over the highways of this state, subject to the provisions of this chapter, shall apply to the administrator for the issuance of a vehicle identification device for the registration and identification of vehicles. The application shall be accompanied by a filing fee in the amount of eight dollars ($ 8.00) for each identification device applied for. All intrastate carriers shall be assessed twenty dollars ($ 20.00) for each identification device for which an application is made; provided, however, that this fee shall not apply to any city or town, or any agency or department of any city or town of the state of Rhode Island, or any nonprofit jitney service utilized for the transportation of senior citizens. All revenues received under this section shall be deposited {DEL in the restricted receipt account established in section 39-3-42 [repealed] DEL} {ADD as general -revenues ADD}. The identification device shall be furnished annually to every carrier whose duty it shall be to apply therefor. It shall be unlawful for any motor vehicle to be engaged in transporting passengers for compensation in either intrastate or interstate commerce without the owner thereof having applied for and received the required identification device, unless the vehicle is exempted from the provisions of this chapter. Each identification device shall be accompanied by a registration card issued by the administrator which shall be in the possession of the vehicle's driver, when the vehicle is in operation. Transfers of the identification device from one vehicle to another are hereby prohibited. The administrator in his or her discretion may refuse to reissue the identification device to the holder of any certificate, permit, or permit of registration, pending any complaint or hearing upon the question of revocation or suspension or in which the question is involved. The administrator shall prescribe reasonable rules and regulations governing the registration and identification of motor vehicles authorized for operation under this chapter.

SECTION 116. Section 39-14-1, 39-14-2.2, 39-14-3, 39-14-7, 39-14-18 and 39-14-26 of the General Laws in Chapter 39-14 entitled "Taxicabs and Limited Public Motor Vehicles" are hereby amended to read as follows:

39-14-1 Definitions. Terms used in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:

(1) "Motor carrier" means a common carrier by motor vehicle;

(2) "Common carrier" means any person who holds him or herself out to the general public as engaging in the transportation by motor vehicle of passengers for compensation in a taxicab or in a limited public motor vehicle;

(3) "Taxicab" means and includes every motor vehicle for hire, other than a jitney as defined in section 39-13-1, equipped with a taximeter, used for transporting members of the general public for compensation to any place within this state as may be directed by a passenger on a call and demand basis, when the solicitation or acceptance of the passenger occurs within the location named in the certificate; provided, that, the vehicle's driver may, if and when solicited on a public highway at any location at which he or she is discharging a passenger, which location is not shown in the certificate, provide transportation from the location only to a place named in the certificate;

(4) "Limited public motor vehicle" means and includes every motor vehicle for hire, other than a jitney, as defined in section 39-13-1, or a taxicab, as defined in this chapter, equipped with a taximeter used for transporting members of the general public for compensation only from a designated location on private property to such points as may be directed by the passenger;

(5) "Taximeter" means any instrument or device by which the charge for transportation in any taxicab or limited public motor vehicle is mechanically calculated and indicated by means of figures, either for distances traveled or for waiting time, or for both;

(6) "Driver" means any person operating a motor vehicle used for the transportation of passengers which he or she owns or is operating with the expressed or implied consent of the owner;

(7) "Certificate" means a certificate of public convenience and necessity issued to a common carrier;

(8) "Person" means and includes any individual, firm, partnership, corporation, company, association, joint stock association, or company, and his, her or its lessee, trustee, receiver, assignee, or personal representative, and, where the context requires, "driver" as {DEL herein DEL} defined {ADD in this section ADD}.

39-14-2.2 Notice of change in rates. (a) No change shall be made in the rates, tolls, and charges which have been filed and published by any taxicab or limited public motor vehicle in compliance with the requirements of section 39-14-2.1 except after thirty (30) days written notice to the administrator which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rates, tolls, or charges will go into effect. A filing fee of fifty dollars ($ 50.00) shall accompany all filings made pursuant to this section. All revenues received under this section shall be deposited {ADD as general revenues ADD} {DEL in the restricted receipt account established in section 39-3-42 [repealed DEL}]. Whenever the administrator receives notice of any change or changes proposed to be made in any schedule filed under the provisions of section 39-14-2.1, the administrator may hold a public hearing and make investigation as to the propriety of the proposed change or changes.

(b) After notice of any investigation, the administrator shall have power, by any order served upon the taxicab or limited public motor vehicle affected, to suspend the taking effect of any change or changes pending the decision thereof, but not for a longer period than five (5) months beyond the time when the change or changes would otherwise take effect; provided, however, that in the event that any hearing and/or investigation shall not have been completed at the expiration of the five month period, the administrator shall have power by an order served upon the taxicab or limited public motor vehicle affected to further suspend the taking effect of the change or changes pending the decision thereon, but not for a longer period than three (3) months beyond the expiration of the first mentioned five month period. Each hearing and investigation shall be conducted as expeditiously as may be practicable, and with a minimum of delay. Within ninety (90) days after the completion of any hearing, the administrator shall make such order in reference to any proposed rate, toll, or charge as may be proper.

(c) The administrator, in his or her discretion and for good cause shown, may allow the publication of rates or charges upon notice less than that {DEL herein DEL} {ADD specified in this section ADD}, or may modify the requirements of this section with respect to the posting and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. The administrator, after hearing, may establish from time to time such reasonable rules and regulations as he or she may deem necessary pertaining to the form of tariffs, the time and manner of filing thereof, the suspension of rates before the same become effective, and bearing upon the validity of any filed or existing rate. No taxicab or limited public motor vehicle shall charge or demand or collect or receive a greater or less compensation for transportation or any service in connection therewith between points enumerated in the tariff than the rates and charges specified in the filed tariffs in effect at the time.

(d) In the event of an appeal from an order of the administrator in any hearing under this section, the order shall remain in full force and effect during the pendency of the appeal.

39-14-3 Certificate required for operation --Application and fee. No person, association, or corporation shall operate a taxicab or taxicabs or a limited public motor vehicle or vehicles in any city or town in the state until such person, association, or corporation shall have obtained a certificate from the division certifying that public convenience and necessity require the operation of a taxicab or taxicabs or a limited public motor vehicle or vehicles for transportation of passengers, the acceptance or solicitation of which originate only within the territory specified in the certificate. The certificate shall be issued only after written application for the same, accompanied by a fee of one hundred dollars ($ 100), has been made, and public hearing held thereon. All revenues received under this section shall be deposited as general revenues. The assistant director for motor vehicles shall not register any vehicle defined in this section unless the person, association, or corporation shall present evidence of such certification {ADD pursuant to this section ADD} to the assistant director.

39-14-7 Display of certificate memorandum. The owner or operator of each taxicab or limited public motor vehicle subject to the provisions of sections 39-14-3 and 39-14-4, shall display, in a conspicuous place therein, a memorandum issued by the division of the certificate provided for in {DEL the sections DEL} {ADD this chapter ADD}.

39-14-18 Proof of financial responsibility. (a) The owner of every taxicab or limited public motor vehicle shall, before operating or continuing to operate the same on the public highways of this state, furnish to the division of motor vehicles, as the owner shall elect, either:

(1) A certificate of insurance issued by an insurance company authorized to transact business in this state, showing that the owner has a policy insuring him or her against liability for injury to persons and damage to property which may be caused by the operation of the taxicab or limited public motor vehicle, such policy to provide for indemnity in the sum of not less than twenty-five thousand dollars ($ 25,000) in the case of one person injured and not less than fifty thousand dollars ($ 50,000) in the case of injury to two (2) or more persons in any one accident, and indemnity of not less than ten thousand dollars ($ 10,000) for damage to property; or

(2) A certificate of the general treasurer of this state that the owner has filed in his or her office, a bond of a surety company authorized to transact business in this state, payable to the general treasurer, in the penal sum of at least twenty-five thousand dollars ($ 25,000), to indemnify any person who may be injured or whose property may be damaged as a result of the operation of the taxicab or limited public motor vehicle, and of any other taxicab or limited public motor vehicle belonging to the owner; or

(3) Evidence of the financial responsibility of the owner to answer, in an amount not exceeding fifty thousand dollars ($ 50,000) over and above his or her fixed liabilities, but including the fair value of all his or her real estate and tangible and intangible personal property, for injuries to persons or damage to property which may thereafter result from the operation of the taxicab or limited public motor vehicle, and of any other taxicab or limited public motor vehicle belonging to the owner, as the division may deem adequate; provided, however, that the division may, if satisfied after a hearing that the bond as given under subsection (a)(2) of this section or the financial responsibility as shown by the statement filed in subsection (a)(3) of this section are inadequate to protect the public order, require the owner to file a new or additional bond within the limits {DEL herein DEL} provided {ADD in this section ADD} unless the owner satisfies the registry of his or her financial responsibility in an amount up to fifty thousand dollars ($ 50,000) as {DEL hereinbefore DEL} provided {ADD in this section ADD}.

(b) The insurance and the bond shall be noncancelable by either party to the contract, except after five (5) days notice to the division of motor vehicles, furnished by the insurance company or the surety company. Any person aggrieved by any decision of the division made pursuant to the provisions hereof may, within ten (10) days after the rendition thereof, appeal to the sixth division of the district court for a review of such decision. The court shall, as soon as may be, give a summary hearing upon the appeal and shall have jurisdiction to affirm or reverse the decision, or make such order in the premises as to the court shall seem just, and the decision shall be subject to appeal to the supreme court in the same manner as provided for in civil actions. The court may make reasonable rules to insure a prompt hearing of the appeals and a speedy disposition thereof. The appeals shall not, however, operate as a suspension of any decision theretofore rendered by the division and all decisions shall continue in force and be operative unless reversed by the court. A party aggrieved by a final order of the court may seek review thereof in the supreme court by writ of certiorari in accordance with the procedures contained in section 42-35-16.

39-14-26 Revocation or amendment of certificate. Any taxi or limited public motor vehicle certificate holder who, during any period of not less than one hundred eighty (180) consecutive days, has failed to render the service authorized by his or her certificate, except for reasonable cause, including bankruptcy, receivership, or other trustee proceedings, shall be deemed to have abandoned the service; and if, after a hearing, the administrator finds the certificate holder has failed to render service in accordance with the certificate, it shall be revoked. The administrator may, for sufficient cause shown after a public hearing, amend, suspend, or revoke any certificate issued {DEL hereunder DEL} {ADD under this chapter ADD}.

SECTION 117. Sections 39-15-4 and 39-15-7 of the General Laws in Chapter 39-15 entitled "Water Supply" are hereby amended to read as follows:

39-15-4 Bond to pay damages for property taken. Whenever any property or estate or rights of property shall be taken under the provisions of this chapter for either of the purposes {DEL hereinbefore DEL} {ADD described in sections 39-15-2 or 39-15-3 ADD} named, and the person or corporation shall then, or at any time thereafter, be required by the owner of the property, estate, or right taken, to give bond with surety for the payment therefor, the person or corporation shall, without delay, give bond to the owner, with surety satisfactory to a justice of the superior court, conditioned to pay to the owner all damages which may be awarded him or her for the estate so taken.

39-15-7 Hearing on condemnation --Commissioners to appraise damages --Award. At the time mentioned in the notice given under the authority of section 39-15-6, or at such adjournment from the time as the court shall order, the court, after hearing the parties in interest therein who may desire to be heard, shall first adjudge whether the taking of the property, estate, or rights in question is a public necessity, and, if that be adjudged affirmatively, the property and rights of property shall from that time be deemed to have been taken, and the court shall then appoint three (3) suitable persons to be commissioners to appraise the damages sustained by any person whose property, estate, or rights of property shall have been taken for either or any of the purposes {DEL hereinbefore DEL} authorized {ADD in this chapter ADD}. The commissioners, after being duly sworn to the faithful discharge of their trust and giving due notice to the parties in interest, shall proceed to hear the parties with their allegations and proofs, and to examine the premises, and shall make up and return their award in the premises to the clerk of the superior court from which they received their appointment, with their fees marked thereon, which fees, being first allowed by the court, shall be forthwith paid by the town, person, or corporation taking the property, estate, or rights of property embraced in the award.

SECTION 118. Sections 39-16-11, 39-16-13, 39-16-21 and 39-16-22 of the General Laws in Chapter 39-16 entitled "Kent County Water District" are hereby amended to read as follows:

39-16-11 Terms and sale of bonds --Refunding. (a) The authority is hereby authorized to provide by resolution for the issuance, at one time or from time to time, of revenue bonds of the authority for the purpose of paying all or part of the cost to acquire, construct, reconstruct, rehabilitate, improve, or maintain any property necessary or desirable for the purposes of the authority. The bonds shall be authorized by resolution of the board, and shall bear such date or dates, mature at such time or times not exceeding forty (40) years from their date, bear interest at such rate or rates payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges and such privileges of reconversion from registered to coupon form, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to redemption at such premium, if required, and on such terms, as the resolution may provide. Notwithstanding the requirement of section 39-16-8 hereof that any indebtedness incurred by the authority shall be payable solely from the earnings or revenues derived from all or part of the property acquired by the authority, the authority may purchase or otherwise acquire or require bond insurance, letters of credit, lines of credit or such other instruments or securities to insure the timely payment of principal, interest, and/or redemption premium on the bonds.

(b) Pending the preparation of the bonds in definitive form, the board shall have the power to issue temporary bonds or interim receipts in such form as the board may elect. The definitive bonds shall be signed by the chairperson of the authority or a facsimile thereof shall be impressed or imprinted thereon and attested by the manual or facsimile signature of the secretary of the authority, and any coupons attached to the bonds shall bear the facsimile signature of the chairperson of the authority. In case any officer whose signature or facsimile of whose signature shall appear on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or the facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until delivery.

(c) Any bonds, authorized by and issued pursuant to this chapter, may be sold at public or private sale for such price or prices as the authority shall determine.

(d) The authority is hereby authorized to provide for the issuance of refunding bonds of the authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium thereon or interest accrued or to accrue to the earliest or subsequent date of redemption purchase or maturity of the bonds and, if deemed advisable by the authority, for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any property of the authority. The proceeds of bonds or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the authority, to the purchase, retirement at maturity, or redemption of the outstanding bonds or notes either on their earliest or a subsequent redemption date, and may, pending that application, be placed in escrow. Any escrowed proceeds may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit, time deposits, or repurchase agreements fully secured or guaranteed by the state or the United States, or an instrumentality of either, maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds or notes to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in furtherance of its purposes. The portion of the proceeds of bonds or notes issued for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, developing, or improving any property of the authority may be invested and reinvested in such obligations, securities, and other investments consistent {DEL herewith DEL} {ADD with this section ADD} as shall be specified in the resolutions under which the bonds are authorized and which shall mature not later than the times when the proceeds will be needed for these purposes. The interest, income, and profits, if any, earned or realized on the investments may be applied to the payment of all parts of the costs, or may be used by the authority otherwise in furtherance of its purposes. The issuance of the bonds, the maturities, and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the authority in respect to the same shall be governed by the provisions of this chapter insofar as the provisions may be applicable.

39-16-13 Tax exemption. It is hereby declared that the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and, for the improvement of their health, welfare, and prosperity, and the authority will be performing an essential governmental function in the exercise of the powers conferred by this chapter, and the state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments or sums in lieu of taxes, except as {DEL hereinafter DEL} provided {ADD in section 39-16-14 ADD}, to the state or any political subdivision thereof upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of the property or upon any earnings, revenues, moneys, or other income derived by the authority, and that the bonds of the authority and the income therefrom shall at all times be exempt from taxation.

39-16-21 Transfer on dissolution. If the authority shall be dissolved, all funds of the authority, not required for the payment of bonds or other debts of the authority, the disposition of which is not otherwise governed by contracts to which the authority may be party, shall be paid to the towns of East Greenwich, Coventry and West Warwick and the city of Warwick and, except as provided {DEL herein DEL} {ADD in this chapter ADD}, all property belonging to the authority shall be vested in the above-mentioned municipalities and delivered to them.

39-16-22 Notes. The authority may, by resolution, authorize the issue from time to time of interest bearing or discounted notes in anticipation of the issue of bonds. Temporary notes issued {DEL hereunder DEL} {ADD under this section ADD} shall be signed by the chairperson and the treasurer of the authority and shall be payable within five (5) years of their respective dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes {DEL hereunder DEL} {ADD under this section ADD}, provided the period from the date of the original note to the maturity of any note issued to renew or pay the same debt or the interest thereon shall not exceed five (5) years. All other terms and conditions of the notes shall be set by the authority in the resolution authorizing issuance.

SECTION 119. Sections 39-17-1, 39-17-2, 39-17-3, 39-17-4 and 39-17-5 of the General Laws in Chapter 39-17 entitled "Franchises" are hereby amended to read as follows:

39-17-1 Power of town or city to grant franchises. Any town or city, by vote of the town council or city council, may pass ordinances or make contracts to be executed by its proper officers, granting rights and franchises in, over, or under the streets and highways in the town or city to the corporations, as are provided for in section 39-17-2, and for the purposes and upon the condition {DEL hereinafter DEL} specified {ADD in this chapter ADD}.

39-17-2 Purposes for which permitted --Duration --Protection of existing businesses --Landowner's rights. Any grants, whether by ordinance or by contract, may confer upon any corporation created by the general assembly for the purpose of distributing water, or for the purpose of producing, selling, and distributing currents of electricity to be used for light, heat, or motive power, or for the purpose of manufacturing, selling, and distributing illuminating or heating gas, or for the purpose of operating street railways by any motive power, or for the purpose of operating telephones, the exclusive right, for a time not exceeding twenty-five (25) years, to erect, lay, construct, and maintain for the purposes for which the corporation is created, poles, wires, pipes, conduits, rails, or cables, with necessary and convenient appurtenances as may be required for the conduct of the business of the corporation, in, over or under the streets of the town or city; provided, however, that no grant of exclusive rights or franchises for any of the purposes {DEL aforesaid DEL} {ADD described in this section ADD} shall be made by any city or town wherein, at the time a corporation created for the same purpose, or a person duly authorized by law to use the streets for such purpose, shall be in actual use and enjoyment of the rights, except to the corporation or person already carrying on business in the city or town; and provided, further, that whenever in any city or town more than one corporation shall at the time be in actual use and enjoyment of portions of the streets and highways for any of the purposes {DEL aforesaid DEL} {ADD described in this section ADD}, no exclusive right or franchise shall be granted to either without the consent of the other; and provided, further, that no grant shall prevent any town or city from permitting any person or corporation to use streets or highways for any of the purposes {DEL aforesaid DEL} {ADD described in this section ADD} in order to connect and serve any two (2) or more estates owned by the person or corporation.

39-17-3 Franchise tax payable to city or town. Every corporation which shall accept exclusive rights or franchises granted by ordinance or contract under the provisions of this chapter, shall make and render to the treasurer of the town or city granting the same, on or before the thirtieth day of January, April, July, and October in every year, returns, verified by the oath of its president or treasurer, of the gross earnings of the corporation within such town or city for the period of three (3) months next preceding the first day of January, April, July, and October in the same year, and shall at the time pay to the town or city treasurer, in full payment for the rights and franchises {DEL aforesaid DEL} {ADD granted under this chapter ADD}, a special tax upon the gross earnings at a rate not exceeding three percent (3%) upon the gross earnings of the corporation within said town or city in that year.

39-17-4 Apportionment of gross earnings among cities and towns. In case any corporation shall do business in more than one town or city, and it shall be unable to ascertain the amount of its gross earnings in each town or city separately from actual accounts kept thereof, its returns of gross earnings to be made as {DEL aforesaid DEL} {ADD provided in section 39-17-3 ADD} shall state the gross earnings of its entire business and the length of its wires, pipes, mains, or tracks in the streets and highways of each town or city, and the gross earnings from its business in the town or city shall be taken to be that proportion of the whole gross earnings which the length of its wires, pipes, mains, or tracks in the streets and highways of the city or town bears to the total length of all its wires, pipes, mains, or tracks in streets and highways.

39-17-5 Delinquencies in franchise tax. In case any corporation shall neglect to make payment of the quarterly tax as {DEL aforesaid DEL} {ADD provided in section 39-17-3 ADD}, said town or city treasurer may collect and recover of the corporation, as other taxes are collectible, double the amount of the special tax shown to be due by the last preceding quarterly return of the corporation.

SECTION 120. Sections 39-18-4, 39-18-6, 39-18-7, 39-18-11 and 39-18-16 of the General Laws in Chapter 39-18 entitled "Rhode Island Public Transit Authority" are hereby amended to read as follows:

39-18-4 Powers of the authority. The authority is hereby authorized and empowered:

(a) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(b) To adopt an official seal and alter the same at pleasure;

(c) To maintain an office at such place or places within the state as it may designate;

(d) To sue and be sued in its own name, plead and be impleaded; provided, however, that any and all actions against the authority shall be brought only in the county in which the principal office of the authority shall be located;

(e) To acquire, purchase, hold, use, and dispose of any property, real, personal, or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the authority, and, to lease as lessee or lessor any property, real, personal or mixed, or any interest therein for such term and at such rental as the authority may deem fair and reasonable, and to sell, transfer, convey, mortgage, or give a security interest in any property, real, personal, or mixed, tangible or intangible, or any interest therein, at any time acquired by the authority;

(f) To employ, in its discretion, planning, architectural, and engineering consultants, attorneys, accountants, construction, financial, transportation, and traffic experts and consultants, superintendents, managers, and such other officers, employees, and agents as may be necessary in its judgment, and to fix their compensation;

(g)(1) To fix from time to time, subject to the provisions of this chapter, schedules and such rates of fare and charges for service furnished or operated as in its judgment are best adopted to insure sufficient income to meet the cost of service; provided, however, the authority is not empowered to operate a passenger vehicle under its control in competition with passenger vehicles of a private carrier over routes which the private carrier operates pursuant to a certificate of public convenience and necessity issued to the private carrier by the division of public utilities and carriers; and provided further that the authority shall not require any person who is sixty-five (65) years of age, or over, or who is physically handicapped to pay any fare or charge for bus rides on Saturdays, Sundays, or holidays or between the hours of nine o'clock (9:00) a.m. and three o'clock (3:00) p.m., between the hours of 12:00 a.m. and 7:00 a.m., and after the hour of six o'clock (6:00) p.m. of each weekday;

(2) Any person who accompanies and is assisting a physically handicapped person when the handicapped person is confined to a wheelchair shall be eligible for the same price exemptions extended to a handicapped person by the first paragraph of this subdivision. The cost to the authority for providing the service to the elderly shall be paid by the state;

(3) Any person who accompanies and is assisting a blind passenger shall be eligible for the same price exemptions extended to the blind person by section 39-18-4(g)(1). The cost to the authority for providing the service to the elderly shall be paid by the state.

(4) The authority shall be authorized and empowered to charge a fare for any paratransit services required by the Americans with Disabilities Act [42 U.S.C. section 12101 et seq.], in accordance with 49 C.F.R. Part 37.

(h) To borrow money and to issue bonds of the authority for any of its purposes including, without limitation, the borrowing of money in anticipation of the issuance of bonds or the receipt of any operating revenues or other funds or property to be received by the authority, and the financing of property to be owned by others and used, in whole or substantial part, by the authority for any of its purposes, all as may from time to time, be authorized by resolution of the authority; the bonds to contain on their face a statement to the effect that neither the state nor any municipality or other political subdivision of the state shall be obligated to pay the same or the interest thereon;

(i) To enter into management contracts for the operation, management, and supervision of any or all transit properties under the jurisdiction of the authority, and to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter;

(j) Without limitation of the foregoing, to borrow money from, to receive and accept grants for or in aid of the purchase, leasing, improving, equipping, furnishing, maintaining, repairing, constructing, and operating of transit property, and to enter into contracts, leases, or other transactions with any federal agency; and to receive and accept from the state, from any municipality, or other political subdivision thereof, and from any other source, aid or contributions of either money, property, labor, or other things of value, to be held, used and applied only for the purposes for which the grants and contributions may be made;

(k) To acquire in the name of the authority, by negotiated purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of condemnation to the extent only and in the manner {ADD as ADD} {DEL hereinafter DEL} provided {ADD in this chapter ADD}, such public and private lands, including public parks, playgrounds or reservations, or parts thereof, or rights therein, rights-of-way, property rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, however, that all public property damaged in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable;

(l) To contract with any municipality, public or private company or organization, whereby the authority will receive a subsidy to avoid discontinuance of service, and each municipality within the state is hereby authorized to make and enter into such contracts and to make, grant, or give to the authority a subsidy in such amount and for such period of time as it may deem advisable;

(m) To operate service to nearby Massachusetts terminals for the purpose of deboarding Rhode Island passengers at major traffic generating locations for the benefit of passengers and to board Rhode Islanders for the return trip, provided, however, that the authority operate closed door in Massachusetts to and from its destination; and

(n) To do all things necessary, convenient, or desirable to carry out the purpose of this chapter.

39-18-6 Eminent domain proceedings. (a) The authority shall have the power to acquire any transit property or any interest therein by the exercise of the power of eminent domain.

(b) The necessity for acquisition shall be conclusively presumed upon the adoption by the authority of a resolution declaring that the acquisition of the transit property or interest therein described in the resolution is necessary to provide transit services. Within six (6) months thereafter, in the event of acquisition by eminent domain, the authority shall cause to be filed in the land evidence records of the city or town in which the transit property is located (for the purpose of this section all personal property shall be deemed to be located in the city or town where the transit company has its principal place of business), a copy of the resolution of the authority together with a description of the property or interest therein and a statement signed by the chairperson of the authority that the property is taken pursuant to the provisions of this chapter. Thereupon, the authority shall file in the superior court, in and for the county in which the transit property is located, a statement of the sum of any estimate by the authority to be just compensation for the property taken. If the property is located in more than one county, the statement shall be filed in the superior court in and for the county where the transit company has its principal place of business.

(c) Upon the filing by the authority of the copy of resolution, description, and statement in the land evidence records of the city or town, the filing in the superior court of the statement and the depositing in the superior court to the use of the persons entitled thereto of such sum as the court shall determine to be amply sufficient to satisfy the claims of all persons having an estate or interest in the property (and the court may in its discretion take evidence on the question to determine the sum to be deposited), title to the property shall vest in the authority absolutely and in fee simple, and the authority thereupon may take possession of the property. No sum so paid into the court shall be charged with clerk's fees of any nature.

(d) After the filing of the copy of resolution, description, and statement, notice of the taking of the property shall be served upon the owners of and persons having an estate in or interest in the property by the sheriff or his or her deputies of the county in which the property is located, leaving a true and attested copy of the description and statement with each of the persons personally or at their last and usual place of abode in this state with some person living there, and in case any of the persons are absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the persons, if any, in charge of or having possession of the property, or interest therein, taken of such absent persons if the same are known to the officer; and after the filing of the copy of resolution, description, and statement, the secretary of the authority shall cause a copy of the resolution and statement to be published in some newspaper published or having general circulation in the county where the property or interest therein, may be located, at least once a week for three (3) successive weeks. If any person shall agree with the authority for the price of the property or interest therein so taken, the court upon the application of the parties in interest, may order that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to be awarded in the proceeding.

(e) Any owner of or persons entitled to any estate in or interest in any part of the real property or interest therein, so taken, who cannot agree with the authority for the price of the property or interest therein so taken in which he or she has an estate or interest as {DEL aforesaid DEL} {ADD provided in this section ADD}, may, within three (3) months after personal notice of the taking, or, if he or she have no personal notice, may within one year from the first publication of the copy of the resolution and statement, apply by petition to the superior court in and for the county in which the property, or interest therein, lies, setting forth the taking of his or her property, or interest therein, and praying for an assessment of damages. Upon filing of the petition, the court shall cause twenty (20) days notice of the pendency thereof to be given to the authority by serving the chairperson of the authority with a certified copy thereof, and may proceed after such notice to the trial thereof; and the trial shall determine all questions of fact relating to the value of property, or interest therein, and the amount thereof, and judgment shall be entered upon the verdict, and execution shall be issued therefor against the money so deposited in court and in default thereof against any other property of the authority. In case two (2) or more conflicting petitioners make claim to the same property, or to any interests therein, or to different interests in the same piece of property or parcel of land, the court upon motion shall consolidate their several petitions for trial at the same time, and may frame all necessary issues for the trial thereof; and all proceedings taken pursuant to the provisions of this chapter shall take precedence over all other civil matters then pending before the court, or if the superior court in and for the county in which such property, or interest therein, lies, be not in session in the county, then the same may be heard in the superior court for the counties of Providence and Bristol.

(f) If any properties, or interests therein, in which any minor or other person not capable in law to act in his or her own behalf is interested, are taken by the authority under the provisions of this chapter, the superior court, upon the filing therein of any petition by or in behalf of the minor or other person, may appoint a guardian ad litem for the minor or other person, and the guardian may appear and be heard on behalf of the minor or other persons; and the guardian may also with the advice and consent of the superior court, and upon such terms as the superior court may prescribe, release to the authority all claims for damages for the lands of the minor or other person or for any interests therein. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of any minor or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of any minor or other person, may, before the filing of any petition, agree with the authority upon the amount of damages suffered by the minor or other person by any taking of his property, or of his or her interests in any property, and may, upon receiving the amount, release to the authority all claims for damages of the minor or other person for such taking.

(g) Whenever, from time to time, the authority has satisfied the court that the amount deposited with the court is greater than is amply sufficient to satisfy the claims of all persons having estates or interests in the property, the court may order that the amount of any excess, including any interests or increment of any sums so deposited, shall be repaid to the authority. Whenever the authority has satisfied the court that the claims of all persons interested in land taken have been satisfied, the unexpended balance, including any interest or increment on any sums so deposited shall be paid forthwith to the authority.

(h) At any time during the pendency of any proceedings for the assessment of damages for property or interests therein taken or to be taken by eminent domain by the authority, the authority or any owner may apply to the court for an order directing an owner or the authority, as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.

39-18-7 Bonds. (a) The authority is hereby authorized to provide, by resolution, for the issuance at one time, or from time to time, of bonds of the authority for any of its purposes. The bonds may be general obligations of the authority or special obligations payable only from particular funds. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be determined by the authority, and shall mature at such time or times not exceeding thirty (30) years from their date or dates as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds. Temporary notes of the authority issued in anticipation of revenues to be received by the authority or in anticipation of the receipt of federal, state, or local grants or other aid shall mature no later than thirteen (13) months from their respective dates or six (6) months after the expected date of receipt of the grants or aid, whichever shall be later, and shall be in an amount not exceeding the limitations imposed by the last paragraph of this section. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairperson of the authority or shall bear his or her facsimile signature, and the official seal of the authority, or a facsimile thereof, shall be impressed or imprinted thereupon and attested by the secretary of the authority, and any coupons attached to the bonds shall bear the facsimile signature of the chairperson of the authority. In case any officer whose signature or facsimile of whose signature shall appear on any bonds or coupons shall cease to be the officer before the delivery of the bonds, the signature or the facsimile shall, nevertheless, be valid and sufficient for all purposes the same as if he or she had remained in office until delivery. The bonds may be issued in coupon or in registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bonds as to principal alone, and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The authority may sell such bonds in such manner either at public or private sale and for such price as it may determine will best effect the purposes of this chapter.

(b) The proceeds of the bonds of each issue shall be disbursed in such manner and under such restrictions, if any, as the authority may provide in the resolution authorizing the issuance of such bonds or in the trust agreement {DEL hereinafter mentioned DEL} {ADD described in section 39-18-8 ADD} securing the {DEL same DEL} {ADD bonds ADD}.

(c) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds with or without coupons, exchangeable for definitive bonds when the bonds shall have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Except as provided in the following paragraph, bonds may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau, or agency of the state, and without any other proceedings or the happenings of any other conditions, or things than those proceedings, conditions, or things which are specifically required by this chapter.

(d) No bonds shall be issued by the authority unless, at the time of the adoption by the authority of the resolution authorizing the issuance of the bonds, the authority shall have received from the general manager or chief financial officer of the authority a certificate indicating that the payments of principal (including any payments made to a reserve fund other than payments made from bond proceeds) and interest on the bonds, together with the payments of the principal and interest on all other then outstanding bonds of the authority, will not exceed during any fiscal year of the authority eighty percent (80%) of the revenues (including, without limitation, grants and other aid) of the authority during the fiscal year. In determining the amount of the principal and interest payments to be made during any fiscal year, there shall be deducted any payments to be made from a reserve fund previously established to provide for the payments. The certificate shall be based upon the reasonable expectations (both as to the amount of revenues to be received by the authority and as to the maximum amount of any variable payments to be made on the bonds) of the officer of the authority executing the certificate at the time the certificate is delivered. The certificate shall describe with reasonable particularity the calculations of principal and interest payments and of anticipated revenues upon which the certificate is based. A copy of the certificate shall be furnished to the governor prior to the issuance of the bonds described therein and, in the case of any bonds whose issuance, according to the certificate, is expected to result in the aggregate amount of principal and interest payments (calculated as above) on the bonds and all then outstanding bonds of the authority exceeding in any fiscal year of the authority fifty percent (50%) of the revenues of the authority, the bonds shall not be issued unless the governor shall have approved the issuance or not disapproved the issuance within thirty (30) days of the receipt of the certificate. Approval or disapproval of any bond issue by the governor shall be evidenced by delivery to the authority of a certificate approving or disapproving the issue or any part thereof.

39-18-11 Remedies. Any holder of bonds issued under the provisions of this chapter, or any of the coupons appertaining thereto, and the trustee under any trust agreement related thereto, except to the extent the rights {DEL herein DEL} given {ADD in this chapter ADD} may be restricted by the trust agreement, may by civil action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted {DEL hereunder DEL} {ADD in this chapter ADD}or under the trust agreement or the resolution authorizing the issuance of the bonds, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the authority or by any officer thereof, including the fixing and revising of schedules and rates of fare and charges for service.

39-18-16 Limitation of powers. The state does hereby pledge to and agree with any person, firm, corporation, or federal agency subscribing to or acquiring the bonds to be issued by the authority that the state will not limit or alter the rights hereby vested in the authority until all bonds at any time issued, together with the interest thereon, are fully met and discharged. The state does further pledge to and agree with the United States and any other federal agency, that in the event that any federal agency shall contribute any funds for the acquisition and improvement of any transit property or for the authority's operations or otherwise, the state will not alter or limit the rights and powers of the authority in any manner which would be inconsistent with the due performance of any agreements between the authority and the federal agency; and the authority shall continue to have and may exercise all powers {DEL herein DEL} granted {ADD in this chapter ADD}, so long as the same shall be necessary or desirable for the carrying out of the purposes of this chapter.

SECTION 121. Sections 39-20-7 and 39-20-12 of the General Laws in Chapter 39-20 entitled "Ownership of Electric GeneratingFacilities" are hereby amended to read as follows:

39-20-7 Taxation. (a) The interests of domestic electric utilities and foreign electric utilities in all electric generating facilities located in this state shall be liable to taxation by the cities and towns under the provisions of chapters 3 through 5 of title 44, as amended, and as from time to time amended. To the extent that the interests may be exempt from taxation because (1) the interests are owned by a quasi-municipal corporation which is exempt by the provisions of its charter from taxation by the city or town assessing the tax, or (2) the interests are owned by an individual, partnership, corporation, association, or entity which is exempt from taxation by any general or special law, the owners shall make payments to the city or town in lieu of such taxes in the same amounts as the taxes that would have been assessed were they not exempt. The payments in lieu of taxes to be made {DEL hereunder DEL} {ADD under this section ADD} shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law, including appeals, now and hereafter in effect applicable to the levy, assessment, collection, cancellation, and abatement of the taxes.

(b) Legislative consent is hereby given to the application of the laws of other states with respect to taxation, payments in lieu of taxes, and the assessment thereof to any domestic electric utility which has acquired or has an interest in an electric generating facility or a portion thereof without the state or is otherwise acting without the state pursuant to powers granted in this chapter.

39-20-12 Construction and severability. This chapter shall be construed in all respects so as to meet all constitutional requirements. Except as expressly provided {DEL herein DEL} {ADD in this chapter ADD}, the provisions of this chapter shall not affect the interpretation of other laws. If any provision of this chapter shall be held unconstitutional, the unconstitutionality shall not affect any other provisions.

SECTION 122. Sections 39-21-8, 39-21-10, 39-21-13 and 39-21-14 of the General Laws in Chapter 39-21 entitled "E-911 Uniform Emergency Telephone System Division" are hereby amended to read as follows:

39-21-8 Use of federal and state funds. The division may, for the purpose of carrying out the project or any part thereof herein authorized {ADD by this chapter ADD}, accept or use any federal or state funds or assistance, or both, provided thereof under any federal or state law. In the event that federal or state funds or assistance are made available for execution of the project, the project shall be carried out and executed in all respect subject to the provisions of the appropriate federal and state laws providing for the construction and operation of such projects, and the rules and regulations made pursuant thereto, and to such terms, conditions, rules, and regulations, not inconsistent with such federal and state law, rules, and regulations, as the division may establish to ensure the proper execution of the project.

39-21-10 Appropriation of revenues. With the exception of moneys received by the division from the sale or licensing of communications and educational materials regarding the use of 911 as a uniform emergency telephone number and system, all moneys received by the division for the use of the facilities of the project shall be paid over to the general treasurer and by him or her deposited in the fund. All moneys in the fund are hereby appropriated by the provisions of the chapter to be expended by the division for administration and all expenses relating to the planning, construction, equipping, operational, and maintenance of the project; 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. All moneys received by the division for the sale or licensing of communications and educational materials as {DEL herein before DEL} described {ADD in this chapter ADD} shall be deposited into a separate account or fund by the general treasurer for the sole restricted purpose of financially supporting the creation, distribution, and use of public educational materials regarding the use of 911 as a uniform emergency telephone number and system. For these purposes, 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 as determined by the executive director or his or her designee.

39-21-13 Division expenses as cost of project. The expenses of the division in the performance of its duties {DEL hereunder DEL} {ADD under this chapter ADD} shall be construed to be costs of operation and maintenance of the project.

39-21-14 Cooperation and coordination with other agencies. In the performance of its duties {DEL hereunder DEL} {ADD under this chapter ADD}, the division shall be entitled to ask for and to receive from any public or private agency and any other commission, board, officer, or agency of the state such information, cooperation, assistance, and advice as shall be reasonable and proper in view of the nature of its functions.

SECTION 123. Section 40-1-1 of the General Laws in Chapter 40-1 entitled "Department of Human Services" is hereby amended to read as follows:

40-1-1 Advisory council --Appointment of members. (a) Within the department of human services there shall be an advisory council consisting of nine (9) qualified electors of the state, who shall be appointed by the governor as {DEL herein DEL} provided {ADD in this section ADD}. In the month of February in each year the governor shall appoint a member or members of the council, each to hold office until the first day of March in the fifth year after his or her appointment and until his or her successor is appointed and qualified, to succeed the member whose term shall next expire.

(b) Any vacancy which may occur in the council shall be filled by appointment by the governor for the remainder of the unexpired term and members of the council shall be chosen with due regard to their knowledge of social welfare problems and the director of the department shall designate some person to act as secretary of the council.

(c) The council shall meet at least four (4) times during any one year and at such additional times as the director of the department shall designate. The members of the council shall elect one of their members as chairperson upon the appointment of any new member for a full term and whenever the office becomes vacant.

SECTION 124. Sections 40-2-7, 40-2-9, 40-2-14 and 40-2-19 of the General Laws in Chapter 40-2 entitled "Administration of State Institutions" are hereby amended to read as follows:

40-2-7 Property abandoned by deceased or discharged residents. All personal property, excepting moneys, which shall have been left by any discharged or deceased patient or inmate in any institution under the control of the department of human services and which, now or hereafter, shall not have been claimed by any of the discharged or deceased patients or inmates, or their next of kin, within one year from the date of discharge or decease, shall be deemed to have been abandoned. All abandoned personal property shall be disposed of as {DEL hereinafter DEL} provided {ADD in this chapter ADD}.

40-2-9 Description of abandoned property transferred. The director shall, upon ordering transfer of the abandoned personal property, cause to be forwarded to the state general treasurer a list or declaration setting forth the name of each discharged or deceased patient or inmate and a description of each article of personal property abandoned as {DEL aforesaid DEL} {ADD described in 40-2-7 ADD}.

40-2-14 Examination of inmates for contagious disease --Investigation and report of sources. The department is hereby authorized and directed, by the attending physician at any of the institutions or by such other physician as the director of the department may from time to time designate, to use every available means to ascertain the existence of any dangerous, infectious, or contagious disease, including syphilis in the infectious stages and gonococcus infection, among the inmates, prisoners, patients, and pupils of the institutions, and to make examination of any of them suspected of having syphilis in the infectious stages or gonococcus infection, and immediately to investigate the source of the infection, and, if ascertained, to report the {DEL same DEL} {ADD source of the infection ADD} to the department of health; and any person committed to or received into any of the institutions by, through, or under any order of court or any process of law shall be deemed to be an inmate, prisoner, patient, or pupil of the institution, as the case may be, within the provisions of sections 40-2-12 --40-2-17, inclusive.

40-2-19 Tenure of officers --Duties --Time devoted to duty --Holding other offices --Sales to state --Bond. All officers appointed by the director {DEL hereunder DEL} {ADD under this chapter ADD} shall hold their respective offices during his or her pleasure, and may be removed and their successors appointed by the director at any time. In addition to the duties prescribed for the officers by law, they shall perform such other duties as the director may from time to time require not inconsistent with law, and the officers shall make such reports and keep such records as the director may from time to time require in addition to the records and reports which the officers may be required to keep and make by any other provision of law. The officers, except those named in sections 40-2-13 --40-2-18, inclusive, shall give their entire time to the duties of their respective offices, and shall not hold any other state office except that of notary public or any other position of pay or profit in the service of the state, and shall not furnish for pay or profit any materials, merchandise, or supplies to the state. The director may require any of the officers to give bond to the state for the faithful performance of their duties in such sum and with such surety as to the director may seem advisable.

SECTION 125. Sections 40-5-14 and 40-5-21 of the General Laws in Chapter 40-5 entitled "Support of the Needy" are hereby amended to read as follows:

40-5-14 Enforcement of support obligation of kindred. The district court at any session thereof in any county where any kindred shall reside, upon the petition of the director of public welfare of any town, or the department of human services of the state through its representative duly appointed for that purpose, who shall have been at any expense for the relief and support of any pauper, may on due hearing, either upon the appearance or default of the kindred, they being summoned as {DEL hereinafter DEL}prescribed {ADD in section 40-5-15 ADD}, assess and apportion such sum within the limitation of time prescribed by section 40-5-17 as the court shall judge reasonable therefor, upon such of the kindred as the court shall judge to be of sufficient ability, and according thereto, and may enforce payment thereof by warrant of distress.

40-5-21 Alteration of orders and assessments. Upon application of any party interested, the court may from time to time vary any order by it made in the premises, or alter any assessment or apportionment by it made as {DEL aforesaid DEL} {ADD provided in this chapter ADD}, to meet a change of circumstances.

SECTION 126. Sections 40-5.1-8 and 40-5.1-30 of the General Laws in Chapter 40-5.1 entitled "Family Independence act" are hereby amended to read as follows:

40-5.1-8 Eligibility for cash assistance. [Contingently effective --See note]. (a) Except as otherwise provided for {DEL herein DEL} {ADD in this section ADD}, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, unless the person is either a citizen, or lawfully admitted for permanent residence or otherwise lawfully entitled to reside in the United States.

(b) No family shall be eligible for assistance payments if the combined value of its available resources (reduced by any obligations or debts with respect to such resources) exceed one thousand dollars ($ 1,000). For purposes of this subsection, the following shall not be counted as resources of the family:

(i) The home owned and occupied by a child, parent, relative or other individual;

(ii) Real property owned by a husband and wife as tenants by the entirety, if the property is not the home of the family and if the spouse of the applicant refuses to sell his/her interest in the property;

(iii) Real property which the family is making a good faith effort to dispose of, but any aid payable to the family for any such period shall be conditioned upon such disposal and any payments of such aid for that period shall (at the time of disposal) be considered overpayments to the extent that they would not have occurred at the beginning of the period for which such payments were made;

(iv) Income producing property other than real estate including but not limited to equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or services which the department determines are necessary for the family to earn a living;

(v) A vehicle used primarily for income producing purposes such as but not limited to a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which annually produces income consistent with its fair market value, even if only used on a seasonal basis; a vehicle necessary for long distance travel, other than daily commuting, which is essential to the employment of a family member; a vehicle necessary to transport a physically disabled family member where the vehicle is specially equipped to meet the specific needs of the disabled person or if the vehicle is a special type of vehicle that makes it possible to transport the disabled person;

(vi) Household furnishings and appliances, clothing, personal effects and keepsakes of limited value;

(vii) Burial plots (one for each such child, relative, and other individual), and funeral arrangements;

(viii) For the month of receipt and the following month, any refund of federal income taxes made to such family by reason of section 32 of the internal revenue code of 1986 [26 U.S.C. section 32] (relating to earned income tax credit), and any payment made to such family by an employer under section 3507 of the internal revenue code of 1986 [26 U.S.C. section 3507] (relating to advance payment of such earned income credit);

(ix) The resources of any family member receiving supplementary security income assistance under the social security act [42 U.S.C. section 301 et seq.].

(c) For purposes of subsection (b), the resources of a family shall include only that part of the fair market value of any vehicle (not otherwise excluded) which exceeds four thousand six hundred dollars ($ 4,600), or that portion of the family's equity in a vehicle which exceeds one thousand five hundred dollars ($ 1,500) --whichever is less;

(d) Except as otherwise provided for {DEL herein DEL} {ADD in this section ADD}, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, if that person after attaining eighteen (18) years of age, has received cash assistance under this chapter for a total of sixty (60) months (whether or not consecutive). The limitation in the preceding sentence only shall apply only if required by federal statute or regulation.

(e) Notwithstanding any other provision of this chapter, the amount of cash to which a family is entitled under the chapter shall be reduced by thirty percent (30%) until the family has been a resident of the state for twelve (12) consecutive months; provided, however, that no member of the family who has been resident of the state for twelve (12) consecutive months or longer shall have his or her benefit reduced under this subsection.

(f)(i) A family:

Consisting of a parent who is under the age of eighteen (18) (minor parent); and

Who has never been married; and

Who has a child, or a family which consists of a woman under the age of eighteen (18) who is at least six months pregnant (pregnant minor), shall be eligible for cash assistance only if such family resides in the home of a parent, legal guardian or other adult relative. Such assistance shall be provided to the parent, legal guardian, or other adult relative on behalf of such individual and child unless otherwise authorized by the department.

(ii) Subsection (i) shall not apply if: (A)(1) such minor parent or pregnant minor has no parent, legal guardian or other adult relative who is living and or whose whereabouts are known;

(2) The department determines that the physical or emotional health or safety of such minor parent, or his or her child, or such pregnant minor, would be jeopardized if he or she was required to live in the same residence as his or her parent, legal guardian or other adult relative (refusal of a parent, legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor, to live in his or her home shall constitute a rebutable presumption that the health or safety would be so jeopardized);

(3) Such minor parent or pregnant minor has lived apart form his or her own parent or legal guardian for a period of at least one year before either the birth of any such minor parent's child or the onset of such pregnant minor's pregnancy; or

(4) There is good cause, under departmental regulations, for waiving such subsection; and

(B) The individual resides in supervised supportive living arrangement to the extent available. For purposes of this section "supervised supportive living arrangement" means an arrangement which;

(1) Requires teen parents to enroll and make satisfactory progress in a program leading to a high school diploma or a general education development certificate;

(2) Requires teen parents to participate in the adolescent parenting program established in chapter 19 of this title to the extent such program is available; and

(3) Provides rules and regulations which insure regular adult supervision.

(g) As a condition of eligibility for cash and medical assistance under this chapter, each adult member of the family has:

(i) Assigned to the state any rights to support for children within the family from any person which such family member has at the time the assignment is executed or may have while receiving assistance under this chapter;

(ii) Consented to and is cooperating with the state in establishing the paternity of a child born out of wedlock with respect to whom assistance is claimed, and in obtaining support payments for such family member with respect to whom such aid is claimed, or in obtaining any other payments or property due any family member, unless such applicant is found to have good cause for refusing to comply with the requirements of this subsection.

(iii) Consented to and is cooperating with the state in identifying, and providing information to assist the state in pursuing any third party who may be liable to pay for care and services under Title XIX of the Social Security Act [42 U.S.C. section 1396 et seq.].

40-5.1-30 Records as to assistance. [Contingently effective --See note]. All records pertaining to the administration of public assistance pursuant to this chapter and chapter 8 of this title are hereby declared to constitute confidential matter. In furtherance thereof:

(a) It shall be unlawful for any person to make use of, or cause to be used, any information contained in records for purposes not directly connected with administration thereof, except with the consent of the individual concerned.

(b) The director of the department shall have the power to establish rules and regulations governing the custody, use, and preservation of the records, papers, files and communications dealing with the administration of public assistance. The rules and regulations shall have the same force and effect as law.

(c) The records shall be produced in response to subpoena duces tecum properly issued by any federal or state court; provided, however, that the purpose of for which the subpoena is sought is directly connected with the administration of public assistance. No subpoena shall be issued by a court asking either for the records, or for persons having custody or access to the records, unless the litigation involved in such matters is directly connected with the administration of public assistance.

(d) Any person who by law is entitled to a list of individuals receiving any of the assistance {DEL aforesaid DEL} {ADD as provided in this chapter ADD}, shall not publish or cause to be published the list except by the express consent of the director of the department, or to make use of thereof for purposes not directly connected with the administration thereof.

(e) Any person violating any of the provisions of this section, or the lawful rules and regulations made hereunder, shall be deemed guilty of a misdemeanor and shall be fined not more than two hundred dollars ($ 200) or shall be imprisoned for not more than six (6) months or both.

(f) Nothing in this section shall be deemed to prohibit the director of the department or his or her agents duly authorized for that purpose, from issuing any statistical material data, or publishing or causing the same to be published whenever he or she shall deem it to be in the public interest.

(g) The director of the department may inquire into the records of any state department or agency in the course of his or her administration of public assistance.

SECTION 127. Section 40-6-12 and 40-6-28, of the General Laws in Chapter 40-6 entitled "Public Assistance act" are hereby amended to read as follows:

40-6-12 Records as to assistance. All records pertaining to the administration of public assistance pursuant to this chapter and chapter 8 of this title are hereby declared to constitute confidential matter. It shall be unlawful for any person to make use of, or cause to be used, any information contained in records for purposes not directly connected with the administration thereof, except with the consent of the individual concerned. The director of the department shall have the power to establish rules and regulations governing the custody, use, and preservation of the records, papers, files, and communications dealing with the administration of public assistance. The rules and regulations shall have the same force and effect as law. The records shall be produced in response to subpoena duces tecum properly issued by any federal or state court; provided, however, that the purpose for which the subpoena is sought is directly connected with the administration of public assistance. No subpoena shall be issued by a court asking either for the records, or for persons having custody or access to the records, unless the litigation involved in such matters is directly connected with the administration of public assistance. Any person who by law is entitled to a list of individuals receiving any of the assistance {DEL aforesaid DEL} {ADD as provided in this section ADD}, shall not publish or cause to be published the list except by the express consent of the director of the department, or to make use thereof for purposes not directly connected with the administration thereof. Any person violating any of the provisions of this section, or the lawful rules and regulations made {DEL hereunder DEL} {ADD pursuant to this section ADD}, shall be deemed guilty of a misdemeanor, and shall be fined not more than two hundred dollars ($ 200) or shall be imprisoned for not more than six (6) months, or both. Nothing in this section shall be deemed to prohibit the director of the department, or his or her agents duly authorized for that purpose, from issuing any statistical material or data, or publishing or causing the same to be published whenever he or she shall deem it to be in the public interest. The director of the department may inquire into the records of any state department or agency in the course of his or her administration of public assistance.

40-6-28 Interim cash assistance for the disabled. (a) Interim cash assistance payments shall be provided to individuals determined by the director or his or her designee to have applied for and to have been approved for medical assistance ("Medicaid") under Title XIX of the Social Security Act [42 U.S.C. section 1396 et seq.] and to have applied for and to be pursuing a claim for supplemental security income benefits under Title XVI of the Social Security Act.

(b) Interim cash assistance payments shall continue until the recipient of such payments receives disability benefits from the Social Security Administration or until he or she has exhausted available administrative appeals. The individual may be required to present documentation that he or she is actively pursuing his or her claim.

(c) The department is authorized and directed to make payments of interim cash assistance to eligible recipients hereunder up to the standards of assistance established pursuant to section 40-6-3.3 of the general laws, and subject to the limits of the annual appropriation provided in subsection (f). In the event that the annual appropriation provided for in subsection (f) is not adequate for the provision of interim cash assistance payments to eligible individuals, the director is authorized to limit the amount and duration of the payments.

(d) The department is authorized to determine income and resource eligibility limits for the interim cash assistance program, provided that such limits shall be no stricter than those established pursuant to section 40-6-3.1 of the general laws.

(e) The department is directed to promulgate regulations to implement the interim cash assistance program including provisions to ensure recoupment of cash assistance by the state upon a determination of a recipient's eligibility for SSI benefits by the Social Security Administration.

(f) Out of the sum appropriated to the department of human services for general public assistance for the state fiscal year ending June 30, 1996, the sum of four hundred thousand dollars ($ 400,000), net of recoveries of disability benefits from the Social Security Administration, shall be used solely for the purposes and subject to the limitations {DEL hereinabove DEL} {ADD as ADD} provided {ADD in this section ADD}, and the state controller is hereby authorized and directed to draw his or her order upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers. The director is authorized to request such appropriations for subsequent state fiscal years as he or she deems necessary to carry out the purposes of this section.

SECTION 128. Section 40-6.1-2 of the General Laws in Chapter 40-6.1 entitled "Work Training Program" is hereby amended to read as follows:

40-6.1-2 Participation requirement --Assignment of work. As {DEL hereafter DEL} provided {ADD in this chapter ADD}, employable persons receiving financial support from the state shall be required to participate in the work training program and to perform such work as may be assigned to them by the director of the department of human services or his or her designee (hereinafter called the "director"). The director shall assign such work as is available in connection with the affairs of the state, and all of the several cities and towns participating in the general public assistance program (GPA) shall be required to provide work training opportunities for residents of their respective cities and towns who receive GPA support. The director shall determine if the work is suitable and whether the GPA recipient is able to perform the work. Notwithstanding the foregoing, the recipients shall not be utilized in any work position to replace or perform work ordinarily performed by regular employees of any department or agency of state or municipal government, nor to replace or perform work ordinarily performed by a craft or trade in private employment.

SECTION 129. Section 40-8-10 of the General Laws in Chapter 40-8 entitled "Medical Assistance" is hereby amended to read as follows:

40-8-10 Recovery of benefits paid in error. Any person, who through error or mistake of him or herself or another, receives medical care benefits to which he or she is not entitled or with respect to which he or she was ineligible, shall be required to reimburse the state for the {DEL same DEL} {ADD benefits paid through error or mistake ADD}.

SECTION 130. Section 40-8.2-14 of the General Laws in Chapter 40-8.2 entitled "Medical Assistance Fraud" is hereby amended to read as follows:

40-8.2-14 Investigative demand. The attorney general or his or her designated assistant attorney general shall have the power to issue a subpoena or subpoena duces tecum:

(a) Demand. Whenever the attorney general has reasonable cause to believe that any person may have knowledge or be in possession, custody, or control of any documentary material, pertinent to an investigation of a possible violation of this chapter, the attorney general may issue in writing and cause to be served upon the person an investigative demand by which he or she may:

(1) Compel the attendance of the person and require him or her to submit to examination and give testimony under oath; and/or

(2) Require the production of documentary material pertinent to the investigation for inspection or copying; and/or

(3) Require an answer to written interrogatories to be furnished under oath. The power to issue investigative demands shall not abate or terminate by reason of the bringing of any action or proceeding under this chapter. The attorney general may issue successive investigative demands to the same person in order to obtain additional information pertinent to an ongoing investigation.

Such civil investigative demands shall be filed in the superior court of the county in which the person served with the demand shall dwell or have his or her principal place of business.

(b) Contents of Investigative Demand. Each investigative demand shall:

(1) State the section or sections of the chapter, the alleged violation of which is under investigation, and the general subject matter of this investigation;

(2) Prescribe a reasonable return date no less than forty (40) days after service of the investigative demand, provided that an earlier date may be prescribed under compelling circumstances but in no event less than twenty (20) days;

(3) Specify the time and place at which the person is to appear and give testimony, produce documentary material, and furnish answers to interrogatories or do any or a combination of the aforesaid;

(4) Describe by class any documentary material required to be produced, so as to clearly indicate what is demanded; and

(5) Contain any interrogatories to which written answers under oath are required.

(c)Prohibition Against Unreasonable Demand. No investigative demand shall:

(1) Contain any requirement which would be unreasonable or improper if contained in a subpoena issued by a court of this state; or

(2) Require the disclosure of any material or information which would be privileged, or which for any other reason would not be required to be disclosed by a subpoena issued by a court of this state, including, but not limited to, trade secrets or confidential scientific, technical, merchandising, production, management, or commercial information, to the extent that the same are protected pursuant to the Rhode Island rules of civil procedure.

(d) Offer of Documentary Evidence. Where the information requested upon oral examination or written interrogatory pursuant to an investigative demand may be derived or ascertained from the business records of the person upon whom the demand has been served or from an examination, audit, or inspection of the business records, or from a compilation, abstract, or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the attorney general as for the person from whom the information is requested, it is sufficient for that person to specify the records from which the answer may be derived or ascertained, and to afford the attorney general reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries.

(e) Service of Investigative Demand. An investigative demand may be served by any means provided under the Rhode Island rules of civil procedure for service of a complaint in a civil action.

(f) Motion to Quash. Within twenty (20) days after the service of an investigative demand or at any time before the return date specified therein, which ever period is shorter, the person served may file in a state superior court and serve upon the attorney general a petition for an order of court modifying or setting aside the demand. The time allowed for compliance in whole or in part with the demand as deemed proper and ordered by the court, shall not run while the petition is pending before the court. The petition shall specifiy each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the demand to comply with the provisions of this chapter or upon any contitutional or other legal right, privilege, or qualified privilege of the party, including that the material or information sought constitutes trade secrets or confidential scientific, technical, merchandising, production, management, or commercial information. If qualified privilege is raised, the court may order the person to comply with the demand only upon a showing of particularized need and subject to an appropriate protective order. The provisions of this subsection shall be the sole and exclusive means for challenging the requirements of the demand.

(g) Those Authorized to Examine. The examinations of all persons pursuant to this section shall be conducted by the attorney general or his or her designee before an officer authorized to administer oaths in this state. The statement made shall be taken down stenographically or by a sound-recording device and shall be transcribed.

(h) Right of Persons Served With Investigative Demands. (1) Any person required to attend and give testimony or to submit documentary material pursuant to this section shall be entitled to retain, or on payment of a lawfully prescribed cost, to procure a copy of any document he or she produces and of his or her own statements as transcribed.

(2) Any person compelled to appear under a demand for oral testimony pursuant to this section may be accompanied, represented, and advised by counsel. Counsel may advise the person in confidence, upon the request of the person. The person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may properly be made, received, and entered upon the record when it is claimed that the person is entitled to refuse to answer the question on grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. The person shall not otherwise object to or refuse to answer any question, and shall not by him or herself or through counsel otherwise interrupt the oral examination. If the person refuses to answer any question, the attorney general may petition the superior court for an order compelling such person to answer the question.

(3) The information and materials supplied to the attorney general pursuant to an investigative demand shall not be permitted to become public or be disclosed by the attorney general or his or her employees beyond the extent necessary for enforcement purposes in the public interest.

(4) Upon the completion of a case brought under this chapter, the attorney general shall return any documents, answers, and transcripts, and all copies thereof, which have not passed into the control of the court through the introduction thereof into the record, to the person who provided the documents, answers, or testimony. If no case in which the material may be used has been commenced within a reasonable time after completion of the examination or analysis of all documentary material, but in no event later than two (2) years after production thereof, the attorney general shall, upon written request of the person who produced the material, return all documents, answers, and transcripts, and all copies thereof, to the person who provided them.

(5) The attorney general shall have the authority, at any time, to modify or revoke any investigative demand and to stipulate to protective orders with respect to documents and information submitted in response to a demand. The protective orders shall include provisions appropriate to the full and adequate protection of confidential health care information pursuant to chapter 37.3 of title 5.

(i) Witness Expenses. All persons served with an investigative demand, other than those persons whose conduct or practices are being investigated or any officer, director, or person in the employment of a person under investigation shall be paid the same fees and mileage as paid witnesses in the courts of this state. No person shall be excused from attending the inquiry pursuant to the mandate of an investigative demand or from giving testimony or from producing documentary material or from being required to answer questions on the ground of failure to tender or pay a witness fee or mileage, unless demand therefore is made at the time testimony is about to be taken or unless payment thereof is not thereupon made.

(j) Refusal of Witness to Testify or Produce Documents. Any person who shall neglect or refuse to attend and give testimony or to answer any lawful inquiry or to produce documentary material, if in his or her power to do so, in obedience to any investigative demand pursuant to this section, may be adjudged in civil contempt by the superior court until such time as he or she purges him or herself of contempt by testifying, producing documentary material, or presenting written answers as ordered. Any person who commits perjury or false swearing in response to an investigative demand pursuant to this section shall be punished pursuant to the provisions of chapter 33 of title 11.

(k) Duty to Testify --Immunity. (1) If, in any investigation brought by the attorney general pursuant to this section, any individual shall refuse to attend or to give testimony or to produce documentary material or to answer a written interrogatory in obedience to an investigative demand or under order of court on the ground that the testimony or material required of him or her may tend to incriminate him or her, that person may be ordered to attend and to give testimony or to produce documentary material or to answer the written interrogatory, or to do an applicable combination of these pursuant to section 12-17-15. The order {DEL aforesaid DEL} {ADD described in this subdivision ADD} shall be an order of court given after hearing in which the attorney general has established a need for the grant of immunity, as hereinafter provided.

(2) The attorney general may petition for an order as described in subsection (k)(1) above for any investigation pursuant to this chapter. The petition shall set forth the nature of the investigation and the need for the immunization of any witness.

(3) Testimony so compelled shall not be used against the witness as evidence in any criminal proceedings against him or her in any court. The grant of immunity shall not immunize the witness from civil liability arising from the transactions about which testimony is given, and he or she may nevertheless be presented or subjected to penalty or forfeiture for any perjury, false swearing, or contempt committed in answering or in failing to answer or in producing evidence or failing to do so in accordance with the order. The foregoing shall not prevent the attorney general from instituting other appropriate contempt proceedings against any person who violates any of the above provisions.

( l ) Duty of Public Officials. It shall be the duty of all officials of this state and its public bodies, their deputies, assistants, clerks, subordinates, or employees, and all other persons to reorder and furnish to the attorney general when so requested, all information and assistance in their possession or within their power.

SECTION 131. Section 40-11-2 of the General Laws in Chapter 40-11 entitled "Abused and Neglected Children" is hereby amended to read as follows:

40-11-2 Definitions. When used in this chapter and unless the specific context indicates otherwise:

(1) "Abused and/or neglected child" means a child whose physical or mental health or welfare is harmed or threatened with harm when his or her parent or other person responsible for his or her welfare:

(a) Inflicts, or allows to be inflicted upon the child physical or mental injury, including excessive corporal punishment; or

(b) Creates or allows to be created a substantial risk of physical or mental injury to the child, including excessive corporal punishment; or

(c) Commits or allows to be committed, against the child, an act of sexual abuse; or

(d) Fails to supply the child with adequate food, clothing, shelter, or medical care, though financially able to do so or offered financial or other reasonable means to do so; or

(e) Fails to provide the child with a minimum degree of care or proper supervision or guardianship because of his or her unwillingness or inability to do so by situations or conditions such as, but not limited to, social or psychiatric problems or disorders, mental incompetency, or the use of a drug, drugs, or alcohol to the extent that the parent or other person responsible for the child's welfare loses his or her ability or is unwilling to properly care for the child; or

(f) Abandons or deserts the child; or

(g) Sexually exploits the child in that said person allows, permits or encourages the child to engage in prostitution as defined by the provisions of chapter 34 of title 11, entitled "Prostitution and Lewdness"; or

(h) Sexually exploits the child in that the person allows, permits, encourages or engages in the obscene or pornographic photographing, filming or depiction of the child in a setting which taken as a whole suggests to the average person that the child is about to engage in or has engaged in, any sexual act, or which depicts any such child under eighteen (18) years of age, performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality; or

(i) Commits or allows to be committed any sexual offense against the child as such sexual offenses are defined by the provisions of chapter 37 of title 11 entitled "Sexual Assault", as amended; or

(j) Commits or allows to be committed against any child an act involving sexual penetration or sexual contact if the child is under fifteen (15) years of age; or if the child is fifteen (15) years or older, and (1) force or coercion is used by the perpetrator, or (2) the perpetrator knows or has reason to know that the victim is mentally incapacitated, mentally defective, or physically helpless.

(2) "Child" means a person under the age of eighteen (18).

(3) "Child protective investigator" means an employee of the department charged with responsibility for investigating complaints and/or referrals of child abuse and/or neglect and institutional child abuse and/or neglect.

(4) "Department" means department for children and their families.

(5) "Institution" means any private or public hospital or other facility providing medical and/or psychiatric diagnosis, treatment, and care.

(6) "Institutional child abuse and neglect" means situations of known or suspected child abuse or neglect where the person allegedly responsible for the abuse or neglect is a foster parent or the employee of a public or private residential child care institution or agency; or any staff person providing out-of-home care or situations where the suspected abuse or neglect occurs as a result of the institution's practices, policies, or conditions.

(7) "Law enforcement agency" means the police department in any city or town and/or the state police.

(8) "Mental injury" includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as: failure to thrive; ability to think or reason; control of aggressive or self-destructive impulses; acting-out or misbehavior, including incorrigibility, ungovernability, or habitual truancy; provided, however, that the injury must be clearly attributable to the unwillingness or inability of the parent or other person responsible for the child's welfare to exercise a minimum degree of care toward the child.

(9) "Person responsible for child's welfare" means the child's parent, guardian, foster parent, an employee of a public or private residential home or facility, or any staff person providing out-of-home care (out-of-home care means child day care to include family day care, group day care, and center-based day care).

(10) "Physician" means any licensed doctor of medicine, licensed osteopathic physician, and any physician, intern, or resident of an institution as {DEL hereinafter DEL} defined {ADD in subdivision (5 ADD}).

(11) "Probable cause" means facts and circumstances based upon as accurate and reliable information as possible that would justify a reasonable person to suspect that a child is abused or neglected. The facts and circumstances may include evidence of an injury or injuries, and the statements of a person worthy of belief, even if there is no present evidence of injury.

SECTION 132. Section 40-15-7 of the General Laws in Chapter 40-15 entitled "Interstate Compact on the Placement of Children" is hereby amended to read as follows:

40-15-7 Visitation, inspection or supervision of children, homes, institutions or other agencies. Any requirements for visitation, inspection, or supervision of children, homes, institutions or other agencies in another party state which may apply under chapter {DEL 12 of this title and chapter 13 of this title DEL} {ADD 72.1 of title 42 ADD} shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of article V of the interstate compact on the placement of children.

SECTION 132A. Section 40-15-8 in Chapter 40-15 entitleed "Interstate Compact on the Placement of Children" is hereby repealed in its entirety:

{DEL 40-15-8 Section 40-12-7 declared inapplicable. DEL} {DELThe provisions of section 40-12-7 shall not apply to placements made pursuant to the interstate compact on the placement of children. DEL}

SECTION 133. Section 40-16-1 of the General Laws in Chapter 40-16 entitled "Community Health Centers" is hereby amended to read as follows:

40-16-1 Funding of community health centers. (1) For the fiscal year ending June 30, 1989, and for each year thereafter the state shall contribute a share of the costs associated with community health centers as {DEL hereinafter DEL} provided {ADD in this chapter ADD}. Subject to the provisions of {DEL section (9) below DEL}, {ADD subsection (i) ADD} the state's share shall be calculated by multiplying the total number of medical patients treated at the health centers listed below by the sum of thirteen dollars and thirty-four cents ($ 13.34) for each patient; provided, that multiple visits or treatment shall be counted only once, by the state department of human services for grants to the following health centers:

Providence ambulatory health care foundation, Thundermist health associates, inc., Blackstone Valley community health care inc., Wood River health services, Family health center, East Providence community health center, new visions of Newport County, tri-town health center, Dr. John A. Ferris health center, Chad Brown health center, health center of South County, Bayside family healthcare, Northwest Community nursing and Block Island health services inc.; that sum shall be allocated by the department of human services as follows:

(a) One-half (1/2) of the state share in each fiscal year to be divided equally among the fourteen (14) {DEL aforesaid DEL} health centers {ADD listed in subsection (a) (2 ADD}); and

(b) One-half (1/2) of the state share to be allocated among the aforesaid health centers {ADD listed in subsection (a) (2) ADD} based on a per capita rate multiplied by the number of medical patients each center treated in the previous fiscal year; that per capita rate to be computed by dividing this half of the state share by the total number of medical patients treated by all aforesaid health centers in the previous fiscal year; each patient notwithstanding multiple visits or treatment, shall be counted once only.

(2) If the sum appropriated by the state for any fiscal year for making payments to the aforesaid health centers {ADD listed in subsection (a) (2) ADD} under this program is not sufficient to pay in full the total amount which all the aforesaid health centers are entitled to receive for that fiscal year, the maximum entitlement which all the aforesaid health centers {ADD listed in subsection (a) (2) ADD} shall receive for such fiscal year shall be ratably reduced.

(3) The appropriation of six hundred seventy-three thousand five hundred dollars ($ 673,500) for the fiscal year ending June 30, 1988, for the state department of human services for distribution to the health centers listed above shall be allocated as follows: three hundred thirty-six thousand seven hundred fifty dollars ($ 336,750) to be divided, equally, among the fourteen (14) health centers cited and three hundred thirty-six thousand seven hundred fifty dollars ($ 336,750) to be allocated {DEL amount the aforesaid DEL} {ADD among the ADD} health centers on a per capita rate of ten dollars ($ 10.00) for each patient.

(4) If the sum appropriated by the state for any fiscal year exceeds the amount to be distributed based upon the provisions of this section, the excess shall be distributed equally among the fourteen (14) designated health centers.

(5) In December of each year, the department of human services shall forward to the chairperson of the house finance committee and to the chairperson of the senate finance committee the proposed unduplicated per patient rate for the next fiscal year:

(6) In the event that a designated grantee shall cease to operate, then its share shall revert to the general fund.

(7) For purposes of this section, "reference year" shall mean the second fiscal year immediately proceeding the fiscal year of appropriation.

(8) For purposes of this section "unduplicated medical patient" shall mean an individual who receives service at a community health center. An individual can be counted only once and multiple visits by and/or multiple treatments of the individual shall not be counted.

(9) For as long as the United States Department of Health and Human Services, Health Care Financing Administration project No. 11-W-00004/1-01 entitled "RIte Care" remains in effect and the state is paying health maintenance organizations to care for RIte Care enrollees, the state's annual share of costs associated with community health centers to be paid under this chapter shall be an amount no less than $ 718,015, which amount shall be appropriated to the Rhode Island Department of Human Services. The Department of Human Services shall obtain federal matching funds for the state's annual share to the fullest extent permitted under Title XIX of the Social Security Act [42 U.S.C. section 1396 et seq.], as amended.

(a) In order to encourage federally qualified health centers and rural health centers to participate in RIte Care, for as long as RIte Care remains in effect, all funds appropriated under this chapter and all federal funds matched thereto, shall be paid by the Department of Human Services, without deduction for administrative or other expenses, to Rhode Island Health Center Association, Inc., provided that a majority of the health centers referred to in section (1) constitute a majority of the members of Rhode Island Health Center Association, Inc., and continue to participate as primary care providers in the RIte Care program of the health centers referred to in section (1). Such amounts shall be paid monthly to Rhode Island Health Center Association, Inc. by the Department of Human Services at the rate of fifteen dollars ($ 15.00) per member per month for each RIte Care member (regardless of health plan) selecting a federally qualified health center or rural health center, as those terms are defined in 42 U.S.C. section 1395x (or any successor statute), as the member's primary care provider.

(b) In no event shall the amounts payable under this section (9) exceed three million three hundred thousand dollars ($ 3,300,000) per fiscal year. In any fiscal year, if any portion of the state share appropriated in section (9) is not used to obtain Federal matching funds and pay the amounts due under section (9)(a) above, the unused portion of the appropriation shall be distributed by the Department of Human Services equally among the fourteen (14) health centers named in section (1). This section (9) shall be inapplicable and the remaining provisions of this chapter shall apply if at any time a majority of the health centers referred to in section (1) do not constitute a majority of the members of Rhode Island Health Center Association, Inc. and do not participate as primary care providers in the RIte Care program.

(c) Rhode Island Health Center Association, Inc., shall be entitled to disburse the funds paid under this section (9) to federally qualified health centers, rural health centers, other health centers or other entities in the manner it considers necessary or appropriate to encourage maximal participation of federally qualified health centers and rural health centers in RIte Care.

SECTION 134. Section 40.1-1-10 of the General Laws in Chapter 40.1-1 entitled "Department of Mental Health" is hereby amended to read as follows:

40.1-1-10 Parent deinstitutionalization subsidy aid program. (1) There is hereby established with the department of mental health, retardation, and hospitals a parent deinstitutionalization subsidy aid program. The program is founded for the express purpose of providing financial assistance or subsidy aid to the qualified parent applicant as defined in this chapter, who is found and certified to be qualified by the director of mental health, retardation, and hospitals to receive and take into his or her care, custody, and control a person under the legal authority and control of the director of mental health, retardation, and hospitals who is and has been a resident or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the institute of mental health or the general hospital, or a resident in an out of state institution, who would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital or the institute of mental health or the general hospital for a period of time not less than ninety (90) days, or would be a resident or patient of one of the {DEL aforementioned DEL} facilities {ADD listed in this section ADD} for a period of ninety (90) days or more if a specialized community program were not developed to meet the person's particular and/or unique needs.

(2) The general assembly hereby finds that such a parent deinstitutionalization program would promote the general welfare of the citizens of the state of Rhode Island and further the purpose of providing deinstitutionalization care, treatment, and training for the institutionalized person and subsidy aid to the qualified parent applicant of the same. It is further found that the program is established for the purpose of providing subsidy aid to assist and make available noninstitutional care, support, and training when it is found to be in the best interests of the health and welfare of the institutionalized person and where that placement may be made and certified by the director of mental health, retardation, and hospitals to the qualified parent applicant.

(3) The director of mental health, retardation, and hospitals is hereby vested with the authority to promulgate such rules and regulations as are deemed necessary and in the public interest to establish and place into operation the parent deinstitutionalization program and authorize the payment of subsidy aid to the qualified parent applicant who receives into his care, custody, and control a person under the legal authority and control of the director of mental health, retardation and hospitals who is or has been a resident or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the institute of mental health or the general hospital or a resident or patient in an out of state institution who would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital, or the institute of mental health, or the general hospital.

(4) Rules and regulations promulgated pursuant to subsection (3) shall include but not be limited to the following areas of concern:

(a) The establishment of eligibility and other requirements for the qualification and certification of the parent applicant applying for subsidy aid under this chapter;

(b) The establishment of eligibility and other requirements for the qualification and certification of a person to be removed and placed from the Dr. Joseph H. Ladd Center or Dr. U.E. Zambarano Memorial Hospital, or the institute of mental health or the general hospital, under this program as set forth in this chapter or a resident or patient in an out of state institution under this program as set forth in this chapter;

(c) The establishment of such other eligibility, certification, and qualification standards and guidelines for the person or the parent applicant to which the program applies as may be deemed reasonable and in the public interest;

(d) The establishment of such licensing, regulating, inspection, monitoring, investigation, and evaluation standards and requirements for the placement, care, support, custody, and training of the person as are deemed reasonable and in the public interest under this chapter;

(e) The periodic inspection, review and evaluation of the care, support, and treatment afforded the person placed in the home of the qualified parent applicant under this program and the making and implementation of such recommendations as are deemed necessary for the continued health, safety, and welfare of the person in accordance with the provisions of this chapter;

(f) The establishment and implementation of such other standards, safeguards, and protections as are deemed necessary and in the public interest to protect the health, safety, and welfare of the person placed under the program or in determining and certifying initial and/or continuing eligibility requirements as the director of the department of mental health, retardation, and hospitals shall in his or her discretion deem to be necessary and appropriate including specifically the authority to recall and return the child or adult to the custody and control of the state of Rhode Island and the director of mental health, retardation, and hospitals into any such care or placement program as the director may in his or her discretion order and direct, including therein summary removal from the custody of the qualified parent applicant and return to the state institution or out of state institution.

(5) For the purpose of this chapter the words "qualified parent applicant" shall mean any natural parent, adoptive parent, or foster parent or both natural parents jointly, both adoptive parents jointly, or a court appointed guardian or both foster parents jointly, or as defined by rules or regulations established by the department of mental health, retardation, and hospitals who may apply for inclusion in the mental health, retardation, and hospitals deinstitutionalization subsidy aid program as set forth in this chapter. For the situation where the natural or adoptive parents are divorced or separated, or where one of the parents is deceased, the words "parent" or "parent applicant" shall mean the parent legally having or giving custody to the person who may apply for inclusion in mental health, retardation, and hospitals deinstitutionalization subsidy aid program as set forth in this chapter.

(6) For the purpose of this chapter the words "subsidy aid" shall mean payment or continued payment to a parent applicant pursuant to the rules and regulations established by the director of mental health, retardation, and hospitals for deinstitutionalization subsidy aid program as set forth in this chapter.

SECTION 135. Sections 40.1-2-11, 40.1-2-13 and 40.1-2-25 of the General Laws in Chapter 40.1-2 entitled "" is hereby amended to read as follows:

40.1-2-11 Abandonment of property of deceased or discharged residents. All personal property, excepting moneys, which shall have been left by any discharged or deceased patient or inmate in any institutionunder the control of the department of mental health, retardation, andhospitals and which, now or hereafter, shall not have been claimed by any of the discharged or deceased patients or inmates, or their next of kin, within one year from the date of discharge or decease, shall be deemed to have been abandoned. All such abandoned personal property shall be disposed of as {DEL hereinafter DEL} provided {ADD in section 40.1-2-12 ADD}.

40.1-2-13 Description of abandoned property transferred. The fiscal agent shall, upon ordering transfer of the abandoned personal property, cause to be forwarded to the general treasurer a list or declaration setting forth the name of each discharged or deceased patient or inmate and a description of each article of personal property abandoned as {DEL aforesaid DEL} {ADD provided in section 40.1-2-11 ADD}.

40.1-2-25 Institutional farms. The director may set apart for cultivation and other farming purposes any of the land under his or her control, whether or not the same be within the limits of any institution defined as {DEL aforesaid DEL} {ADD provided in this chapter ADD}, and may place that land under the care and control of the officer in charge of the institution within the limits of which the land is situated or to which the land is adjacent, or the department may employ some experienced person to take charge of the cultivation of the whole or part of the land devoted to farming purposes and of the farm stock raised thereon, provided that careful account shall be kept of the product of such farming and each institution shall be credited, as near as may be, with the value of the farm product resulting from the labor of its inmates, and shall be charged with the value of all farm product used for the maintenance of such institution. All such farm products shall be disposed of as directed by the director of the department of mental health, retardation, and hospitals. The director may employ such assistance and hire such labor as he or she may deem necessary to enable him or her to carry out the provisions of this section and may fix the compensation thereof within the sum appropriated to be expended for that purpose.

SECTION 136. Sections 40.1-5-5, 40.1-5-6, 40.1-5-34 and 40.1-5-39 of the General Laws in Chapter 40.1-5 entitled "Mental Health Law" are hereby amended to read as follows:

40.1-5-5 Admission of patients generally --Rights of patients --Patients' records --Competence of patients. (1) Any person who is in need of care and treatment in a facility, as herein defined, may be admitted or certified, received, and retained as a patient in a facility by complying with any one of the following admission procedures applicable to the case:

(a) Voluntary admission.

(b) Emergency certification.

(c) Civil court certification.

(2) Forms. The director shall prescribe and furnish forms for use in admissions and patient notification procedures under this chapter.

(3) Exclusions. No defective delinquent, mentally retarded person, or person under the influence of alcohol or drugs shall be certified to a facility, as herein defined, solely by reason of that condition, unless the person also qualified for admission or certification under the provisions of this chapter.

(4) Examining physician. For purposes of certification, no examining physician shall be related by blood or marriage to the person who is applying for the admission of another, or to the person who is the subject of the application; nor shall he or she have any interest, contractually, testamentarily, or otherwise (other than reasonable and proper charges for professional services rendered), in or against the estate or assets of the person who is the subject of the application; nor shall he or she be a manager, trustee, visitor, proprietor, officer, stockholder, or have any pecuniary interest, directly or indirectly, or, except as otherwise herein expressly provided, be a director, resident physician, or salaried physician, or employee in any facility to which it is proposed to admit the person.

(5) Certificates. Certificates, as required by this chapter, must provide a factual description of the person's behavior which indicates that the person concerned is mentally disabled, creates a likelihood of serious harm, and is in need of care and treatment in a facility as {DEL herein DEL} defined {ADD in this chapter ADD}. They shall further set forth such other findings as may be required by the particular certification procedure used. Certificates shall also show that an examination of the person concerned was made within five (5) days prior to the date of admission or certification, unless otherwise herein provided. The date of the certificate shall be the date of the commencement of the examination, and in the event examinations are conducted separately or over a period of days, then the five (5) day period above referred to (unless otherwise expressly provided) shall be measured from the date of the commencement of the first examination. All certificates shall contain the observations upon which judgments are based, and shall contain such other information as the director may by rule or regulation require.

(6) Rights of patients. No patient admitted or certified to any facility under any provision of this chapter shall be deprived of any constitutional, civil or legal right, solely by reason of such admission or certification nor shall the certification or admission modify or vary any constitutional or civil right, including but not limited to the right or rights:

(a) To privacy and dignity;

(b) To civil service or merit rating or ranking and appointment;

(c) Relating to the granting, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law;

(d) To religious freedom;

(e) To be visited privately at all reasonable times by his or her personal physician, attorney, and clergyperson, and by other persons at all reasonable times unless the official in charge of the facility determines either that a visit by any of the other persons or a particular visitation time would not be in the best interests of the patient and he or she incorporates a statement for any denial of visiting rights in the individualized treatment record of the patient;

(f) To be provided with stationery, writing materials, and postage in reasonable amounts and to have free unrestricted, unopened, and uncensored use of the mails for letters;

(g) To wear one's own clothes, keep and use personal possessions, including toilet articles, to keep and be allowed to spend a reasonable sum of money for canteen expenses and small purchases, to have access to individual storage space for his or her private use, and reasonable access to telephones to make and receive confidential calls; provided, however, that any of these rights may be denied for good cause by the official in charge of a facility or a physician designated by him or her. A statement of the reasons for any denial shall be entered in the individualized treatment record of the patient;

(h) To seek independent psychiatric examination and opinion from a psychiatrist or mental health professional of his or her choice;

(i) To be employed at a gainful occupation insofar as the patient's condition permits, provided however, that no patient shall be required to perform labor;

(j) To vote and participate in political activity;

(k) To receive and read literature;

( l ) To have the least possible restraint imposed upon the person consistent with affording him or her the care and treatment necessary and appropriate to his or her condition;

(m) To have access to the mental health advocate upon request;

(n) To prevent release of his or her name to the advocate or next of kin by signing a form provided to all patients for that purpose at the time of admission.

(7) Records. A facility shall maintain for each patient admitted pursuant to this chapter, a comprehensive medical record. The record shall contain a recorded individualized treatment plan, which shall at least monthly be reviewed by the physician of the facility who is chiefly responsible for the patient's care, notations of the reviews to be entered in the record. The records shall also contain information indicating at the time of admission or certification what alternatives to admission or certification are available to the patient, what alternatives have been investigated, and why the investigated alternatives were not deemed suitable. The medical record shall further contain such other information as the director may by rule or regulation require.

(8) Competence. A person shall not, solely by reason of his or her admission or certification to a facility for examination or care and treatment under the provisions of this chapter thereby be deemed incompetent to manage his or her affairs, to contract, to hold, or seek a professional, occupational, or vehicle operator's license, to make a will, or for any other purpose. Neither shall any requirement be made, by rule, regulation, or otherwise, as a condition to admission and retention, that any person applying for admission shall have the legal capacity to contract, it being sufficient for the purpose, that the person understand the nature and consequence of making the application.

40.1-5-6 Voluntary admission. (1)General. Any individual of lawful age, may apply for voluntary admission to any facility provided for by this law seeking care and treatment for alleged mental disability. The application shall be in writing, signed by the applicant in the presence of at least one witness, who shall attest to the application by placing his or her name and address thereon. If the applicant has not yet attained his or her eighteenth birthday, the application shall be signed by him or her and his or her parent, guardian, or next of kin.

(2) Period of treatment. If it is determined that the applicant is in need of care and treatment for mental disability and no suitable alternatives to admission are available, he or she shall be admitted for a period not to exceed thirty (30) days. Successive applications for continued voluntary status may be made for successive periods not to exceed ninety (90) days each, so long as care and treatment is deemed necessary and documented in accordance with the requirements of this chapter, and no suitable alternatives to admission are available.

(3) Discharge. (a) A voluntary patient shall be discharged no later than the end of the business day following of his or her presenting a written notice his or her intent to leave the facility to the medical official in charge or the medical official designated by him or her, unless that official or another qualified person from the facility files an application for the patient's civil court certification pursuant to 40.1-5-8. The notice shall be on a form prescribed by the director and made available to all patients at all times. If a decision to file an application for civil court certification is made, the patient concerned and his or her legal guardian(s), if any, shall receive immediately, but in no event later than twelve (12) hours from the making of the decision, notice of the intention from the official in charge of the facility, or his or her designee, and the patient may, in the discretion of the official, be detained for an additional period not to exceed two (2) business days, pending the filing and setting down for hearing of the application under 40.1-5-8.

(b) A voluntary patient who gives notice of his or her intention or desire to leave the facility may at any time during the period of his or her hospitalization prior to any certification pursuant to 40.1-5-8, following the giving of the notice, submit a written communication withdrawing the notice, whereby his or her voluntary status shall be considered to continue unchanged until the expiration of thirty (30) or ninety (90) days as {DEL herein before DEL} provided {ADD in subsection (b ). ADD} In the case of an individual under eighteen (18) years of age, the notice or withdrawal of notice may be given by either of the persons who made the application for his or her admission, or by a person of equal or closer relationship to the patient, who shall, as well, receive notice from the official in charge indicating a decision to present an application for civil court certification. The official may in his or her discretion refuse to discharge the patient upon notice given by any person other than the person who made the application, and in the event of such a refusal the person giving notice may apply to a justice of the family court for release of the patient.

(4) Examination at facility. The medical official in charge of a facility shall ensure that all voluntary patients receive preliminary physical and psychiatric examinations within twenty-four (24) hours of admission. Furthermore, a complete psychiatric examination shall be conducted to determine whether the person qualifies for care and treatment under the provisions of this chapter. Such an examination shall begin within forty-eight (48) hours of admission and shall be concluded as soon as practicable, but in no case shall extend beyond five (5) days. The examination shall include an investigation with the prospective patient of (a) what alternatives for admission are available and (b) why those alternatives are not suitable. The alternatives for admission investigated and reasons for unsuitability, if any, shall be recorded on the patient's record. If it be determined that the patient does not belong to the voluntary class in that a suitable alternative to admission is available, or is otherwise ineligible for care and treatment, he or she shall be discharged.

(5) Rights of voluntary patients. A voluntary patient shall be informed in writing of his or her status and rights as a voluntary patient immediately upon his or her admission, and again at the time of his or her periodic review(s) as provided in 40.1-5-10, including his or her rights pursuant to 40.1-5-5(6). Blank forms for purposes of indicating an intention or desire to leave a facility shall be available at all times and on and in all wards and segments of a facility wherein voluntary patients may reside.

40.1-5-34 Exclusiveness of this chapter. Where under any provision of any existing law, except in the case of a person held under criminal process, or under process of the family court for an act which would be considered a crime if committed by an adult, any person with mental disability, as {DEL herein DEL} defined {ADD in this chapter ADD}, shall have recourse to or be dealt with as provided in this chapter, exclusively. This section shall prevail notwithstanding the provisions of 14-1-5(A)(5).

40.1-5-39 Deprivation of rights of persons admitted to facilities. Any person who willfully withholds from or denies to any person admitted to a facility as {DEL herein DEL} defined {ADD in this chapter ADD}, any of his or her rights as herein granted, shall, on conviction thereof, be fined not exceeding two thousand dollars ($ 2,000) or imprisoned not exceeding two (2) years at the discretion of the court.

SECTION 137. Section 40.1-5.3-12 of the General Laws in Chapter 40.1-5.3 entitled "In competancy to Stand Trial and Person Adjudged Not Guilty by Reason of Insanity" is hereby amended to read as follows:

40.1-5.3-12 Investigation of ability to pay for maintenance. It shall be the duty of the fiscal agent to investigate all cases of prisoners transferred pursuant to 40.1-5.3-7 to the facility provided for in 40.1-5.3-1 to ascertain whether there is any estate belonging to the prisoners which may be applied to satisfy the liability established by 40.1-5.3-11, and any bank or other custodian of the estate belonging to the prisoners shall be required to make discovery thereof upon written demand of the fiscal agent; provided, however, that any information so obtained shall not be disclosed, directly or indirectly, by the fiscal agent to any person except as necessary and proper to carry out the provisions of 40.1-5.3-11. The fiscal agent shall request that the general treasurer commence and prosecute an action, suit, or proceeding pursuant to 40.1-5.3-11 whenever he or she determines that {DEL such DEL} {ADD an action, suit, or proceeding ADD} is appropriate in light of the estate belonging to the prisoner sought to be charged. In determining the appropriateness of an action, suit, or proceeding, the fiscal agent shall consider the effect that execution against the estate would have upon the support and maintenance of those persons, if any, to whom the prisoner sought to be charged is liable for support.

SECTION 138. Section 40.1-7-4 of the General Laws in Chapter 40.1-7 entitled "Services for Emotionally Disturbed Children" is hereby amended to read as follows:

40.1-7-4 Definitions. Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in the printed forms prepared by the department or the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires, the term:

(1) "Care and treatment" means medical and psychiatric care, medical attention, nursing, and medications, as well as food, clothing, and maintenance, psychological, social work and recreational services, and those educational services furnished to a child other than those regular or special education programs under the jurisdiction of the board of regents for elementary and secondary education.

(2) "Department" means the state department for children and their families.

(3) "Director" means the director of the state department for children and their families.

(4) "Examining physician" shall mean a person, duly licensed to practice medicine or osteopathy in this state, and any such physician shall be authorized to make examinations as provided in this law and subject to its provisions.

(5) "Emotionally disturbed child" means any person under the age of twenty-one (21) years, and who has been evaluated and judged by a qualified child mental health professional to be in need of care and treatment as defined {DEL herein DEL} {ADD in this section ADD}.

(6) "Qualified child mental health professional" means a psychiatrist, psychologist, or a social worker with a masters or futher advanced degree from a school of social work which is accredited by the council of social work education.

SECTION 139. Sections 40.1-22-9, 40.1-22-20, 40.1-22-25, 40.1-22-26 and 40.1-22-27 of the General Laws in Chapter 40.1-22 entitled "Retardation Law" are hereby amended to read as follows:

40.1-22-9 Admission upon application of director, relative, or guardian. (1) (a) Upon the application of the director of the department of mental health, retardation, and hospitals or his or her designee, or of any relative, next of kin, or legally designated guardian of a person alleged to be developmentally disabled, and in need of immediate care and treatment, the superintendent or other official in charge of any facility may receive the person; provided the application is accompanied by the certificate of one examining physician; provided further that the person alleged to be developmentally disabled does not object to admission, or that parents, guardian, spouse, or next of kin do not object if under eighteen (18); and provided further that the need for residential care shall be confirmed by the facility by a team examination within twenty (20) days of admission.

(b) If objection is raised, by the person, or by the parent, guardian, spouse, or next of kin, then the matter shall be heard as provided in 40.1-22-10, so far as possible.

(2) If upon examination at the facility by a team the need of the client for residential care and treatment is not confirmed, the client shall be discharged.

(3) If upon examination by a team at the facility the need of the client for residential care and treatment is confirmed and the client agrees to remain in the facility as a voluntary client, then he or she shall be considered a voluntary client as of the date of his or her so agreeing.

(4) If upon examination at the facility the need of the client for residential care and treatment is confirmed and the client, if over eighteen (18), declines or refuses to remain in the facility as a voluntary client, then the certificate of a team supporting the application shall be filed with the facility. The team may be on the staff of any facility as herein defined, but persons on this team shall have no interest, directly or indirectly, in the assets or estate of the mentally retarded person, nor shall they be related to the person by blood or marriage. The examination and certification shall be made no later than ten (10) days from the date of the confirmation of the client's need for hospitalization, care, and treatment at the facility.

(5) From the time of his or her admission under the previous subsection, the retention of the person for residential care and treatment shall be subject to the provisions for notice, hearing, review, and judicial approval of continued retention or transfer and continued retention as {DEL hereinafter DEL} provided {ADD in this chapter ADD}. For the purposes of subsections (4) and (5) of this section the date of admission of the client shall be deemed to be the date of the second examination and certification.

(6) Failure to obtain the second certificate as required within the period specified shall result in the discharge of client no later than twenty (20) days after his or her original admission to the facility under the provisions of this chapter.

40.1-22-20 Exclusiveness of this chapter. Where under any provision of any existing law, except in the case of a person held under criminal process, any person coming within the definition of a developmentally disabled adult as {DEL herein DEL} defined {ADD in this chapter ADD}, shall have recourse to or be dealt with as provided in this chapter, exclusively.

40.1-22-25 Conspiracy to commit person improperly. Any person who willfully conspires with any other person unlawfully or improperly to cause to be admitted to any facility as developmentally disabled any person who is not developmentally disabled as {DEL herein DEL} defined {ADD in this chapter ADD} shall, on conviction therefor, be fined not exceeding five thousand dollars ($ 5,000) or imprisoned not exceeding five (5) years at the discretion of the court.

40.1-22-26 Deprivation of rights. Any person who willfully withholds from or denies to any person admitted to a facility as herein defined any of his or her rights as {DEL herein DEL}granted {ADD in this chapter ADD} shall, on conviction thereof, be fined not exceeding two thousand dollars ($ 2,000) or imprisoned not exceeding two (2) years at the discretion of the court.

40.1-22-27 Disciplinary action against employee. Any employee of any facility who shall deny to or withhold from any client any right granted him or her by law shall, independently of the {DEL above DEL}criminal sanctions {ADD described in section 40.1-22-26 ADD}, be subject to such disciplinary action as the director of the facility shall see fit to impose, after notice, hearing, and a finding of a violation of a right.

SECTION 140. Section 40.1-24-4, 40.1-24-5 and 40.1-24-9 of the General Laws in Chapter 40.1-24 entitled "Licensing of Facilities and Programs for the Mentally Ill and Mentally Retarded" is hereby amended to read as follows:

40.1-24-4 Application for license. An application for a license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as are lawfully prescribed {DEL hereunder DEL} {ADD pursuant to this chapter ADD}.

40.1-24-5 Issuance of license --Transfer. Upon receipt of an application for license the department shall issue a license if the applicant meets the requirements established under this chapter. If all the requirements under this chapter are not met, the department may issue a provisional license for a period not to exceed six (6) months if the issuance will not result in undue hazard to residents or clients. A license issued {DEL hereunder DEL} {ADD under this chapter ADD} shall be the property of the state and loaned to the licensee, and it shall be kept in an accessible place at all times on the licensed premises. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the department.

40.1-24-9 Rules, regulations, and standards. The department shall adopt, amend, promulgate, and enforce such rules, regulations, and standards with respect to all facilities and programs licensed {DEL hereunder DEL} {ADD under this chapter ADD} as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate facilities and programs in the interest of public health, safety, and welfare.

SECTION 141. Section 40.1-24.5-3, 40.1-24.5-15 and 40.1-24.5-18 of the General Laws in Chapter 40.1-24.5 entitled "Community Residences" are hereby amended to read as follows:

40.1-24.5-3 Legal rights and competence of persons admitted --Informing person as to rights, obligations, and grievance procedures. (1) No resident as a consequence of admission to a community residence and of receiving an evaluation of mental disability shall lose any legal rights, responsibility, or obligation, or suffer any legal disability as a citizen, unless otherwise prescribed by law. Among others, no resident shall be presumed to be incompetent to manage his or her affairs, to contract, to hold or seek a professional, occupational, or vehicle operator's license, to make a will, to marry or for any other purpose, unless otherwise prescribed by law. Neither shall any requirement be made, by rule, regulation, or otherwise, as a condition to admission and retention, that any individual applying for admission shall have the legal capacity to contract, it being sufficient for such purpose, that the individual understand the nature and consequence of making the application.

(2) Admission --Requirements --Duties of residence staff. (a) As part of the procedure for the admission of an individual to a community residence, each prospective resident shall be fully informed of all rules, regulations, and policies governing resident conduct and responsibilities, including grounds for dismissal and procedures for discharge. A written application acknowledging the disclosure shall be signed by the prospective resident in the presence of at least one witness, who shall attest to the application by placing his or her name and address thereon.

(b) Further, at the time of admission, each resident shall be fully informed of residents' rights and a written copy of the residents' rights shall be given to each resident who shall acknowledge {DEL such DEL} {ADD receipt of the written copy ADD} by his or her signature upon the copy. This written copy of residents' rights shall include the working hours, address, and telephone number of the mental health advocate.

(c) Further, at the time of admission each resident shall be fully informed orally and in writing of the grievance procedure established within the community residence.

(d) Further, at the time of admission, each resident shall be informed in writing of all anticipated financial charges, including all costs not covered either under federal and/or state programs, by other third payers by the community residence's basic per diem rate.

40.1-24.5-15 Willful deprivation of resident's rights. Any person who willfully withholds from or denies to any person admitted to a community residence, any of his or her rights as {DEL herein DEL} granted {ADD in this chapter ADD}, shall on conviction thereof, be fined not exceeding two thousand dollars ($ 2,000) or imprisoned not exceeding two (2) years or both.

40.1-24.5-18 Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder {DEL thereof DEL} {ADD of the chapter ADD}, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall be rendered.

SECTION 142. Section 40.1-25-1 of the General Laws in Chapter 40.1-25 entitled "Protection and Advocacy System --Right of Access" is hereby amended to read as follows:

40.1-25-1 Right of access. (a) Any facility rendering care or treatment to a mentally ill individual as defined {DEL herein DEL} {ADD in section 40.1-25-2 ADD} shall permit the protection and advocacy system established by 42 U.S.C. 10801 et seq., and its designees as certified by that agency, whose purposes include rendering assistance without charge to mentally ill individuals to have access to a facility in order to:

(1) Communicate privately by mail or orally with any person in treatment.

(2) Inspect all records relating to persons in treatment provided that the person in treatment or his or her guardian gives written permission.

(3) Take whatever steps are appropriate, including posting notice, to see that persons are made aware of the services of the protection and advocacy system, its purpose, and how it can be contacted. Officials in charge of each facility shall cooperate with the protection and advocacy system in this respect.

(4) Take such actions as it deems appropriate to protect the rights of those criminally insane patients included within the forensic unit of the department of mental health, retardation, and hospitals and those previously considered to be within the authority of the interstate compact on the mentally disordered offender.

(5) Have access to policies, rules, and regulations affecting care, rights, or responsibilities of individuals residing therein.

(6) Investigate incidents of abuse and neglect of mentally ill individuals if incidents are reported to the system or if there is probable cause to believe the incidents occurred.

SECTION 143. Section 40.1-26-7 of the General Laws in Chapter 40.1-26 entitled "Rights for Persons with Developmental Disabilities" is hereby amended to read as follows:

40.1-26-7 Deprivation of rights --Penalty. Any person who willfully withholds from, or denies to, any participant in an agency any of his or her rights as {DEL herein DEL}granted {ADD in this chapter ADD} or who retaliates against a participant who exercises the right to register an alleged violation of rights or on whose behalf a grievance is filed, shall on conviction thereof be fined not exceeding five hundred dollars ($ 500) or imprisoned not exceeding six (6) months.

SECTION 144. Section 40.1-27-6 of the General Laws in Chapter 40.1-27 entitled "Penalties for Abuse of Persons with Developmental Disabilities" is hereby amended to read as follows:

40.1-27-6 Immunity from liability. Any person who, in good faith, makes an oral or written report pursuant to 40.1-27-2, excluding any perpetrator or conspirator of the {DEL aforementioned DEL} acts {ADD described in section 40.1-27-1 ADD}, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made such a report. No program shall discharge, or in any manner discriminate or retaliate against any person who, in good faith, makes a report, testifies, or is about to testify in any proceeding about the abuse, mistreatment, or neglect of participants.

SECTION 145. Section 41-2-1 of the General Laws in Chapter 41-2 entitled "Racing and Athletic Hearing Board" is hereby amended to read as follows:

41-2-1 Board created --Appointment and removal of members. (a) Within the executive department there shall be a racing and athletics hearing board. The hearing board shall consist of three (3) members, not more than two (2) of whom shall be members of the same political party, who shall be appointed by the governor as {DEL herein DEL} provided {ADD in this section ADD}. In the month of February in each odd numbered year, the governor shall appoint one member of the board to hold office until the first day of March in the sixth year after his appointment and until his or her successor is appointed and qualified to succeed the member whose term will next expire.

(b) Any vacancy which may occur in the board shall be filled by appointment by the governor for the remainder of the unexpired term. A member of the board may be removed by the governor only for cause, after being given a copy of charges against him or her and an opportunity to be heard publicly on the charges before the governor. A copy of said charges and a transcript of the record of the hearing shall be filed with the secretary of state.

SECTION 146. Section 41-3-1 and 41-3-17 of the General Laws in Chapter 41-3 entitled "Horse Racing" is hereby amended to read as follows:

41-3-1 License required for racing. No person, association, or corporation shall hold or conduct any meeting within the state of Rhode Island where horse racing shall be permitted for any stake, purse, or reward, except such person, association, or corporation as shall be licensed by the division of racing and athletics as {DEL hereinafter DEL}provided {ADD in this chapter ADD}, and after an affirmative vote of the qualified electors as provided in chapter 9 of this title.

41-3-17 Ejection of undesirable persons --Rights of licensee. Any licensee {DEL hereunder DEL} {ADD under this chapter ADD} shall have the right to refuse admission to and to eject from the enclosure of any pari-mutuel facility where a pari-mutuel meeting licensed under the provisions of this chapter, is being held, any person or persons whose presence within the enclosure is, in the sole judgment of the licensee, its agents, or servants, undesirable.

SECTION 147. Section 41-4-1 of the General Laws in Chapter 41-4 entitled "Mutuel Betting and License Fees" is hereby amended to read as follows:

41-4-1 Meets at which betting authorized --Types of mutuels. (a) The division of racing and athletics may permit at racing events, licensed under the provisions of chapter 3 of this title betting under pari-mutuel system, so-called, or auction mutuel system, so-called, except as otherwise {DEL hereinafter DEL} provided {ADD in this chapter ADD}.

(b) Events run under Class A shall be conducted under the pari-mutuel system only.

(c) Events run under Classes B, C, and E shall be conducted under the pari-mutuel or auction mutuel system as the division may determine.

SECTION 148. Sections 41-5-6, 41-5-14, 41-5-16 and 41-5-17 of the General Laws in Chapter 41-5 entitled "Boxing and Wrestling" are hereby amended to read as follows:

41-5-6 Surety bond filed by licensee. No license as {DEL aforesaid DEL} {ADD provided in section ADD} {ADD 41-5-1 ADD} shall be granted unless the licensee has executed and filed with the division of racing and athletics a bond in such penal sum and with such surety or sureties as shall be satisfactory to the division, running to the state of Rhode Island, conditioned upon the payment to the state of the sums mentioned in section 41-5-15, and upon faithful compliance by the licensee with the provisions of this chapter, the rules and regulations of the division, and with such other laws of the state as may be applicable to anything done by the licensee in pursuance of the license.

41-5-14 Interest in contestant by promoter prohibited --Forfeiture of contestant's purse. No licensee {DEL hereunder DEL} {ADD under this chapter ADD} shall have, directly or indirectly, any financial interest in a boxer competing on premises owned or leased by the licensee, or in which the licensee is otherwise interested. No contestant in a match or exhibition shall be paid for services before the same are rendered, and should it be determined by the judges and referee that a contestant did not give an honest exhibition of his or her skill, his or her services shall not be remunerated.

41-5-16 Overcrowding of buildings --Ventilation and safety requirements. It shall be unlawful for any licensee {DEL hereunder DEL} {ADD under this chapter ADD} to sell or cause to be sold or issued more tickets or invitations purporting to admit to any match or exhibition, or otherwise to admit to {DEL the same DEL} {ADD any match or exhibition ADD}, more persons than are admissible according to the authorized capacity of the building, or part thereof actually used therefor. All buildings or structures used or intended to be used for the purpose of this chapter shall be properly ventilated and provided with fire escapes, if there need be, and in all manner conform to the laws, ordinances, and regulations pertaining to buildings of the city or town where situated. The provisions of this section shall also apply to buildings, portions of which are used for the purpose set forth in this chapter.

41-5-17 Suspension or revocation of license. Any license granted {DEL hereunder DEL} {ADD under this chapter ADD} may be revoked or suspended by the division of racing and athletics for a violation of any of the provisions of this chapter or of any other law of the state or of any rule or regulation adopted by the division or whenever the licensee has, in the judgment of the division, been guilty of any act or offense detrimental to the public interest.

SECTION 149. Section 41-6-3 and 41-6-5 of the General Laws in Chapter 41-6 entitled "Athletic Games on Sunday" are hereby amended to read as follows:

41-6-3 Professional games permissible by license. Professional athletic games, except ice polo and hockey, may be played and held in any city or town on the first day of the week under a license therefor issued by the licensing authorities of the town or city in the manner {DEL hereinafter DEL} designated {ADD under this chapter ADD}; provided, however, that the bureau of licenses of the city of Providence may license ice polo and hockey to be played or held in rinks or other enclosed buildings on the first day of the week.

41-6-5 Issuance or denial of license --Fees. Except as {DEL hereinafter DEL} provided {ADD in this chapter ADD}the licensing authorities may approve or reject any application, and if the licensing authorities shall approve any application they may issue a license for the playing or holding of professional athletic games in accordance therewith on the first day of the week between the hours of one o'clock (1:00 p.m.) in the afternoon and midnight, subject to such regulations as the licensing authorities may prescribe for the preservation of good order and the prevention of disturbances. In the case of every license so issued, said licensing authorities shall charge a license fee not exceeding one hundred dollars ($ 100) for every single game or exhibition authorized by the license and in addition thereto such reasonable sum as the licensing authorities may deem necessary to reimburse the town or city for police services at any game or exhibition so licensed; provided, however, that any professional athletic game, the proceeds of which are to be devoted chiefly to charitable or religious purposes, may in the discretion of the licensing authorities be exempted from paying any license fee.

SECTION 150. Section 41-7-4 and 41-7-7 of the General Laws in Chapter 41-7 entitled "Jai Alai" are hereby amended to read as follows:

41-7-4 Power and duties of the division of racing and athletics. In addition to the other powers conferred upon the division of racing and athletics, the division shall carry out the provisions of this chapter, and to that end, the division may:

(1) Personally or by agent, supervise and check the making of pari-mutuel pools and wagers and the distribution therefrom;

(2) Fix and set the dates within which any fronton may be operated; provided, however, there shall be at least one hundred (100) days annually of the operation; and

(3) Require any applicant for a permit to operate a fronton to file an application under oath setting forth:

(a) The full name of the person, firm, corporation, or association, and if a corporation, the name of the state under which it is incorporated, as well as the names of the officers, directors, and stockholders of the corporation, and their places of residence, or if an association, the name and residence of the members of the association;

(b) The exact location where it is desired to operate a fronton exhibiting the Spanish sport {DEL aforesaid DEL} {ADD jai alai or pelota ADD};

(c) Whether or not the fronton is owned or leased, and if leased, the name, residence, and address of the owners or lessees, or if the owner or lessee be a corporation, the name and address of the officers, directors, and stockholders thereof;

(d) A statement of the assets and liabilities of the person, firm, corporation, or association making application for the division permit;

(e) Such other information as the division may require.

41-7-7 Distribution of funds --Application of chapter. All moneys mentioned in this chapter derived from taxes on wagers and pari-mutuel pools shall be disbursed by the state treasurer pursuant to chapter 4 of this title. Except as is inconsistent {DEL herewith DEL} {ADD with this chapter ADD} the provisions of chapters 3 and 4 of this title shall apply to the sport of jai alai.

SECTION 151. Section 41-10-1 and 41-10-5 of the General Laws in Chapter 41-10 entitled "Off track Betting" are hereby amended to read as follows:

41-10-1 License required for off track betting. No person, association, or corporation shall hold or conduct off track betting on any racing event for any stake, purse, or reward, except such person, association, or corporation as shall be licensed by the division of racing and athletics as {DEL hereinafter DEL} provided {ADD by this chapter ADD} and as approved by the voters as required by this chapter.

41-10-5 Licensing restrictions. --(a) The division shall refuse to grant a license, or shall suspend a license, if the applicant or licensee:

(1) Has been convicted of a felony, or any crime involving moral turpitude;

(2) Has engaged in illegal gambling as a significant source of income;

(3) Has been convicted of violating any gambling statutes;

(4) Has been convicted of fraud or misrepresentation in any connection; or

(5) Has been found to have violated any rule, regulation, or order of the division.

(b) The license heretofore issued shall be suspended by the division for any charge which may result in a conviction or conduct prescribed in subdivisions (1) through (5) above; which suspension shall be effective until a final judicial determination.

(c) The division shall refuse to grant, or the division shall suspend, pending a hearing before the division, a license if the applicant or licensee is an association or corporation:

(1) Any of whose directors, officers, partners, or shareholders holding a five percent (5%) or greater interest have been found guilty of any of the activities specified in subsection (a) above; or

(2) In which it appears to the division that due to the experience, character, or general fitness of any director, officer, or controlling partner, or shareholder, the granting of a license would be inconsistent with the public interest, convenience, or trust.

(d) Whenever requested by the division, the division of criminal identification of the department of the attorney general, the superintendent of state police, and the superintendent or chief of police or town sergeant of any city or town, shall furnish all information on convictions, arrests, and present investigations concerning any person who is an applicant for a license or who is a licensee {DEL herein DEL} {ADD under this chapter ADD}.

SECTION 152. Section 41-11-3 of the General Laws in Chapter 41-11 entitled "Simulcast Programs from Licensed Betting Facilities" is hereby amended to read as follows:

41-11-3 Taxes and commissions. (a) Each licensee conducting wagering in a simulcast betting facility under the pari-mutuel system shall pay to the state, and there is hereby imposed, a tax on such programs at the rate of:

(1) Four percent (4%) of the total money wagered thereon on win, place and show wagers;

(2) Four percent (4%) on multiple wagers therein involving two (2) animals; and

(3) Five and one half percent (5.5%) on exotic wagers therein involving three (3) or more animals.

(b) Where the division has approved the integration of wagers placed at the simulcast facility into similar wagering pools at a host facility where the program is conducted, each licensee conducting wagering in a simulcast betting facility may retain as such licensee's commission an amount equal to the takeout at the host facility of which one and four tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of title 41. This tax structure shall apply to any transmission of programs between licensed facilities within the state of Rhode Island. Where integration of wagers does not occur the division shall be:

(1) Twenty percent (20%) of the amounts wagered on win, place and show wagers of which one and four tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of title 41.

(2) Twenty percent (20%) of the amounts wagered on multiple wagers involving two (2) animals of which one and four tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of title 41.

(3) Twenty-five percent (25%) of the amounts wagered on exotic wagers involving three (3) or more animals of which one and four tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of title 41.

(4) One half (1/2) of the breakage to the dime resulting from such betting shall be deposited as general revenues. The remaining breakage shall be retained by the licensee.

(c) The amount of unclaimed monies which shall hereafter be held by any licensee, on account of outstanding and uncashed winning tickets shall, at the expiration of one year after the close of the meeting during which the tickets were issued be paid into the general fund of the state.

(d) Notwithstanding any other provision of law, monies wagered on the simulcast of intrastate and interstate programs, as provided {DEL herein DEL} {ADD in this chapter ADD}, shall be subject only to the tax imposed in this section, and provided further, where there is interstate transmission of signals in accordance with national practice, the tax shall be levied in the receiving state only.

SECTION 153. Section 23-27.3-125.4 of the General Laws in Chapter 23-27.3 entitled "State Building Code" is hereby amended to read as follows:

23-27.3-125.4 Emergency repairs. For the purpose of {DEL this section DEL} {ADD sections 23-27.3-124.5 through 23-27.3-125.5 ADD}, the building official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

SECTION 154. Section 24-12-6, 24-12-8, 24-12-9, 24-12-13, 24-12-30, 24-12-31, 24-12-40B and 24-12-48 of the General Laws in Chapter 24-12 entitled "Rhode Island Turnpike and Bridge Authority" are hereby amended to read as follows:

24-12-6 Grants or leases of state or municipal lands. All towns, cities and other political subdivisions and all public agencies and commissions of the state of Rhode Island, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the authority at its request, upon such terms and conditions as the proper authorities of the towns, cities, other political subdivisions or public agencies and commissions may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads and other real property already devoted to public use, and subject to the {DEL aforesaid DEL} {ADD above provisions ADD}, the state hereby consents to the use of all lands owned by it, including lands lying under water, which are deemed by the authority to be necessary for the construction or operation of any project.

24-12-8 Expenses limited to funds provided. All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the provisions of this chapter and no liability or obligation shall be incurred by the authority {DEL hereunder DEL} {ADD under this chapter ADD} beyond the extent to which moneys shall have been provided under the provisions of this chapter.

24-12-9 Powers of authority. The authority is hereby authorized and empowered:

(a) To adopt by-laws for the regulation of its affairs and the conduct of its business;

(b) To adopt an official seal and alter it at pleasure;

(c) To maintain an office at such place or places within the state as it may designate;

(d) To sue and be sued in its own name, plead and be impleaded; provided, however, that any and all actions at law or in equity against the authority shall be brought only in the county in which the principal office of the authority shall be located;

(e) To determine, subject to the approval of the director of transportation, the location and the design standards of the Newport Bridge, the turnpike and any additional facility to be constructed;

(f) To issue bonds of the authority for any of its purposes and to refund its bonds, all as provided in this chapter;

(g) To combine for financing purposes the Newport Bridge, the Mount Hope Bridge, the turnpike and any additional facility or facilities, or any two (2) or more of such projects;

(h) To borrow money in anticipation of the issuance of bonds for any of its purposes and to issue notes, certificates, or other evidences of borrowing in form as may be authorized by resolution of the authority, the notes, certificates, or other evidence of borrowing to be payable in the first instance from the proceeds of any bonds issued under the provisions of this chapter and to contain on their face a statement to the effect that neither the state, the authority nor any municipality or other political subdivision of the state shall be obligated to pay the same or the interest thereon except from the proceeds of bonds in anticipation of the issuance of which the notes, certificates, or other evidences of borrowing shall have been issued, or from revenues;

(i) To fix and revise from time to time, subject to the provisions of this chapter, and to charge and collect tolls for transit over the turnpike and the several parts or sections thereof, and for the use of the Newport Bridge, the Mount Hope Bridge, and any additional facility financed under the provisions of this chapter;

(j) To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties;

(k) To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the rights of condemnation in the manner {DEL hereinafter DEL} {ADD as ADD} provided by this chapter, public or private lands, including public parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements and interests as it may deem necessary for carrying out the provisions of this chapter; provided, however, that all public property damaged in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable;

( l ) To designate the locations, with the approval of the director of transportation, and establish, limit and control the points of ingress to and egress from the turnpike and any additional facility as may be necessary or desirable in the judgment of the authority to insure the proper operation and maintenance thereof, and to prohibit entrance to and exit from any point or points not so designated;

(m) To employ, in its discretion, consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;

(n) To receive and accept from any federal agency grants for or in aid of the construction of the turnpike, the Newport Bridge or any additional facility, and to receive and accept from the state, from any municipality, or other political subdivision thereof and from any other source aid or contributions of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which the grants and contributions may be made;

(o) To construct grade separations at intersections of the turnpike, the approaches and highway connections of the Newport Bridge, and any additional facility with public highways, streets or other public ways or places, and to change and adjust the lines and grades thereof so as to accomodate the same to the design of the grade separation; the cost of the grade separations and any damage incurred in changing and adjusting the lines and grades of the highways, streets, ways and places shall be ascertained and paid by the authority as a part of the cost of the project;

(p) To vacate or change the location of any portion of any public highway, street or other public way or place, sewer, pipe, main, conduit, cable, wire, tower, pole and other equipment and appliance of the state or of any municipality or other political subdivision of the state and to reconstruct the same at such new location as the authority shall deem most favorable for the project and of substantially the same type and in as good condition as the original highway, street, way, place, sewer, pipe, main, conduit, cable, wire, tower, pole, equipment or appliance, and the cost of the reconstruction and any damage incurred in vacating or changing the location thereof shall be ascertained and paid by the authority as a part of the cost of the project; any public highway, street or other public way or place vacated or relocated by the authority shall be vacated or relocated in the manner provided by law for the vacation or relocation of public roads, and any damages awarded on account thereof shall be paid by the authority as a part of the cost of the project;

(q) The authority shall also have the power to make reasonable regulations, subject to the approval of the public utility administrator, for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called "public utility facilities") of any public utility as defined in section 39-1-2, in, on, along, over or under any project. Whenever the authority shall determine that it is necessary that any public facilities which now are, or hereafter may be, located in, on, along, over or under any project should be relocated in the project, or should be removed from the project, the public utility owning or operating the facilities shall relocate or remove the facilities in accordance with the order of the authority; provided, however, that the cost and expenses of the relocation or removal, including the cost of installing such facilities in a new location, or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights acquired to accomplish the relocation or removal, less the cost of any lands or any rights or interests in lands of any other rights of the public utility paid to the public utility in connection with the relocation or removal of the property, shall be ascertained and paid by the authority as a part of the cost of the project. In case of any relocation or removal of facilities, as aforesaid, the public utility owning or operating the facilities, its successors or assigns, may maintain and operate the facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate the facilities in their former location or locations;

(r) To make reasonable regulations and to grant easements for the installation, construction, maintenance, repair, renewal, relocation and removal of pipelines, other equipment and appliances of any corporation or person owning or operating pipelines in, on, along, over or under the turnpike, whenever the authority shall determine that it is necessary that any facilities which now are, or hereafter may be located in, on, along, over or under the turnpike should be relocated in the turnpike, or should be removed from the turnpike, the corporation or person owning or operating the facilities shall relocate or remove the facilities in accordance with the order of the authority; provided, however, that the cost and expense of the relocation or removal, including the cost of installing the facilities in a new location, or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights acquired to accomplish the relocation or removal, less the cost of any lands or any rights or interests in lands or any other rights of any corporation or person paid to any corporation or person in connection with the relocation or removal of the property, shall be ascertained and paid by the authority as a part of the cost of the project. In case of any relocation or removal of facilities, as aforesaid, the corporation or person owning or operating the same, its successors or assigns, may maintain and operate the facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate the facilities in their former location or locations;

(s) To enter upon any lands, waters and premises for the purpose of making such surveys, soundings, borings and examinations as the authority may deem necessary or convenient for its purposes, and the entry shall not be deemed a trespass, nor shall an entry for such purposes be deemed an entry under any condemnation proceedings; provided, however, the authority shall pay any actual damage resulting to the lands, water and premises as a result of the entry and activities as a part of the cost of the project;

(t) To enter into contracts or agreements with any board, commission, public instrumentality of another state or with any political subdivision of another state relating to the connection or connections to be established between the turnpike or any additional facility with any public highway or turnpike now in existence or hereafter to be constructed in another state, and with respect to the construction, maintenance and operation of interstate turnpikes or expressways;

(u) To enter into contracts with the department of transportation with respect to the maintenance and repair of any project and with the Rhode Island state police with respect to the policing of any project;

(v) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; and

(w) To do all other acts and things necessary or convenient to carry out the powers expressly granted in this chapter.

Provided, the authority in carrying out the provisions of this section shall hold public hearings in the city or town where a proposed project will be located prior to the finalization of any specifications or the awarding of any contracts for any project.

24-12-13 Deposits in court on eminent domain --Notice to owners --Agreement as to price. No sum so paid into the court {ADD as provided in section 24-12-12 ADD} shall be charged with clerk's fees of any nature. After the filing of the copy, plat and statement, notice of the taking of the land, or interest therein, shall be served upon the owners of and persons having an estate in and interested in the land by the sheriff or the sheriff's deputies of the county in which the land, or interest therein, lies, leaving a true and attested copy of the description and statement with each of the persons personally, or at their last and usual place of abode in this state with some person living there, and in case any of the persons are absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the persons, if any, in charge of or having possession of the land, or interest therein, taken of the absent persons if the same are known to the officer; and after the filing of the resolution, plat and statement, the secretary of the authority shall cause a copy of the resolution and statement to be published in some newspaper published in the county where the land, or interest therein, may be located, at least once a week for three (3) successive weeks. If any person shall agree with the authority for the price of the land, or interest therein, so taken, the court upon the application of the parties in interest, may order that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to be awarded in the proceeding.

24-12-30 Remedies of bondholders. Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee under the trust agreement, except to the extent the rights herein given may be restricted by the trust agreement, may, either at law or in equity, by civil action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted {DEL hereunder DEL} {ADD under this chapter ADD} or under the trust agreement or the resolution authorizing the issuance of the bonds, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the authority or by any officer thereof, including the fixing, charging and collecting of tolls.

24-12-31 Tax exemption. The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state of Rhode Island, for the increase of their commerce and prosperity and for the improvement of their health and living conditions, and as the acquisition, construction, operation and maintenance by the authority of the projects {DEL herein DEL} {ADD as ADD} defined {ADD in this chapter ADD} will constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon the projects or upon any property acquired or used by the authority under the provisions of this chapter or upon the income from the projects, and the bonds issued under the provisions of this chapter, their transfer and the income therefrom (including any profit made on the sale thereof) shall at all times be free from taxation within the state of Rhode Island.

24-12-40B Certain bonds guaranteed by state. (a) The authority is hereby authorized to provide by resolution for the issuance at one time or from time to time of bonds of the authority in an aggregate principal amount not exceeding seventeen million five hundred thousand dollars ($ 17,500,000) for paying a part of the cost of the Newport Bridge; the bonds shall be designated "Newport Bridge bonds --Guaranteed by the state," and shall mature in such annual instalments, the first of which shall be made payable not earlier than five (5) years after the date of the bonds and the last of which shall be made payable not later than fifty (50) years after the date of the bonds, as may be determined by the authority with the approval of the general treasurer. The bonds shall be dated, shall bear interest at such rate or rates not exceeding six percent (6%) per annum and shall be made redeemable before maturity, at the option of the authority, at the price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds. The principal of and the interest on the bonds shall be payable at the office of the general treasurer, or at the option of the holder, at any bank or trust company within or without the state. The bonds shall be sold by the authority at public sale upon a call for sealed bids to be received at the office of the general treasurer in the city of Providence; the authority shall cause a notice of the sale to be published at least once at least fourteen (14) days before the date fixed for the receipt of bids in a daily newspaper of general circulation published in the city of Providence and in a daily newspaper of a general circulation or a financial journal published in New York City and devoted primarily to the subject of state, county and municipal bonds; but no sale shall be made at less than par and accrued interest. The proceeds of the bonds shall be deposited to the credit of a special construction fund and applied by the authority to the payment of the cost of the Newport Bridge. The authority is further authorized, subject to the approval of the general treasurer, to provide by resolution for the issuance of bonds of the authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this paragraph. The issuance of the bonds and the maturities and other details thereof shall be governed by the foregoing provisions of this subsection insofar as {DEL the same DEL} {ADD this chapter ADD} may be applicable. The state hereby guarantees the payment of the principal of and interest on all bonds issued under the provisions of this subsection as the bonds respectively become due and payable and the full faith and credit of the state are hereby pledged for the payment, and a statement to that effect shall be endorsed on the bonds by the general treasurer.

(b) The revenue bonds issued under the provisions of this chapter for paying the balance of the cost of the Newport Bridge, which revenue bonds, together with the bonds issued under the provisions of subsection (a) of this section and other revenue bonds, if any, issued under the provisions of section 24-12-21 shall not exceed an aggregate principal amount of forty-seven million five hundred thousand dollars ($ 47,500,000) and shall mature at such time or times, not exceeding fifty (50) years from their date, as may be determined by the authority. Prior to the issuance of the bonds authorized to be issued under the provisions of the first subsection of this section, or the revenue bonds, if any, issued under the provisions of section 24-12-21, or the revenue bonds issued for paying the balance of the cost of the Newport Bridge, the authority shall determine the respective amounts which are to be deposited in each fiscal year to the credit of a special fund for the payment of the interest on and the principal of the bonds and to create a reserve for such purpose, and also to provide a fund for accelerating the maturity or maturities of the bonds (the amounts being hereinafter collectively called the "Principal and interest requirements for the bonds").

(c) Notwithstanding any of the foregoing provisions of this chapter, the authority is hereby authorized and directed to combine the Newport Bridge and the Mount Hope Bridge for financing purposes and to fix, revise, charge and collect tolls for the use of the Newport Bridge and the Mount Hope Bridge, which tolls and all other revenues derived from the Mount Hope Bridge and the Newport Bridge, except such part thereof as may be necessary to pay the cost of maintenance, repair and operation and to provide the reserves therefor as may be provided for in the resolution authorizing the issuance of the bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in the resolution or the trust agreement and deposited to the credit of the following funds in the following order, until the bonds shall have been paid or adequate provisions shall have been made for their payment:

(1) To the credit of a special fund for paying the interest on and the principal of the revenue bonds issued under the provisions of subsection (a) of section 24-12-18 and the revenue bonds, if any, issued under the provisions of section 24-12-21, such amount as may be required to make the amount deposited in the then current fiscal year to the credit of the fund equal to the principal and interest requirements of such bonds in such fiscal year;

(2) To the credit of a special fund for the payment of the interest on and the principal of the bonds issued under the provisions of the first subsection of this section, the amount as may be required to make the amount deposited in the then current fiscal year to the credit of the fund equal to the total amount of the principal of and the interest on the bonds which is payable in the fiscal year; and

(3) To the credit of the special fund referred to in subsection (c)(1) above, the balance, if any, of the revenues; provided, however, that if the amount so deposited to the credit of the special fund referred to in subsection (c)(1) above or to the credit of the special fund referred to in subsection (c)(2) above, in any fiscal year shall be less than the required amount, the requirement therefor shall nevertheless be cumulative and the amount of any deficiency in any fiscal year shall be added to the amount otherwise required to be deposited in each fiscal year thereafter until such time as all such deficiencies shall have been made up.

24-12-48 Provision for severance benefits. (a) In the event revenue bonds shall be issued in an amount estimated to be sufficient with any other available funds to pay the cost of constructing the Newport Bridge and opening the bridge for traffic, the authority shall cause a sufficient amount of the proceeds of the bonds as may be required to make the severance benefit payments hereinafter set forth, which amount shall in no event exceed the sum of two hundred fifty thousand dollars ($ 250,000), and which amount is hereby declared to be a part of the cost of the project or projects to be applied as follows:

(b) The sufficient amount of the proceeds shall be deposited in a bank in the state of Rhode Island in the name of the Jamestown and Newport ferry company thereby creating a "severance benefit" account to be used by said Jamestown and Newport ferry company as a checking account for the purpose of paying upon the opening of the Newport Bridge to traffic the severance benefits hereinafter set forth; namely,

(1) To employees of the department of transportation employed in the operation of the ferry from Jamestown to Newport at the time of the opening of the Newport Bridge to traffic.

(2) To employees of the department of transportation employed in the operation of the ferry from Jamestown to Newport, whose employment is terminated involuntarily including termination occasioned by accident or illness between the time of the initial issuance of revenue bonds under the provisions of this chapter and the time of the opening of the Newport Bridge to traffic, who have been regularly employed by the department of transportation and its predecessors in the operation of such ferry, including the Jamestown and Newport ferry company and the Jamestown ferry authority for twenty-four (24) months or longer, and who are separated from such employment, severance benefits as follows:

(a) For service of twenty-four (24) months --five (5) weeks additional pay at their respective rates of pay in effect at the time of the termination of their employment for regular work week exclusive of overtime.

(b) For service beyond twenty-four (24) months --five (5) weeks pay plus thirty (30) days pay for each additional year or major fraction thereof beyond twenty-four (24) months at their respective rates of pay in effect at the time of the termination of their employment for a regular work week exclusive of overtime.

(c) One day's pay at their respective rates of pay for regular work day exclusive of overtime in effect at the time of the termination of their employment for each day of authorized accumulated sick leave remaining to their credit on the date of termination of their employment.

(d) In event the severance benefits computed as {DEL above DEL} provided {ADD in subdivision (1) ADD} shall in the aggregate exceed the sum of two hundred fifty thousand dollars ($ 250,000), the amount of the benefit payable to each of the persons specified above shall be proportionately reduced and the sum of two hundred fifty thousand dollars ($ 250,000) shall be prorated among such persons.

(e) All sums remaining in the checking account after completion of the payments herein provided shall be paid to the Rhode Island turnpike authority.

SECTION 155. Section 24-13-2, 24-13-8, 24-13-12, 24-13-17, 24-13-21, 24-13-23, 24-13-27, of the General Laws in Chapter 24-13 entitled "Mount Hope Bridge Authority" are hereby amended to read as follows:

24-13-2 Creation of authority --Composition. Within the department of transportation there is hereby created a body corporate and politic to be known as the "Mount Hope Bridge authority," which shall function as a unit independent of the director and shall not be subject to the director's jurisdiction.

The authority shall consist of five (5) members, one of whom shall be the director of transportation, ex officio, and four (4) of whom shall be appointed by the governor as {DEL herein DEL} provided {ADD in section 24-13-3 ADD}.

24-13-8 General powers of authority. The Mount Hope Bridge authority is hereby authorized and empowered:

(a) To issue revenue bonds of the authority for any of its purposes, payable solely from the tolls and revenues pledged for their payment, and to refund its bonds, all as provided in this chapter; provided, however, that the initial issue of bonds under the provisions of this chapter shall provide funds to pay the cost of the Mount Hope Bridge;

(b) To borrow money in anticipation of the issuance of bonds for any of its purposes and to issue notes, certificates, or other evidences of borrowing in such form as may be authorized by resolution of the authority, the notes, certificates, or other evidence of borrowing to be payable in the first instance from the proceeds of any bonds issued under the provisions of this chapter and to contain on their face a statement to the effect that neither the state, the authority nor any municipality or other political subdivision of the state shall be obligated to pay the same or the interest thereon except from the proceeds of bonds in anticipation of the issuance of which the notes, certificates, or other evidences of borrowing shall have been issued, or from revenues;

(c) To fix and revise from time to time, subject to the provisions of this chapter, and to charge and collect tolls for the use of the Mount Hope Bridge;

(d) To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties;

(e) To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the rights of condemnation in the manner {DEL hereinafter DEL} provided {ADD in this chapter ADD}, the Mount Hope Bridge;

(f) To employ, in its discretion, consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;

(g) To enter into contracts with the department of transportation with respect to the maintenance and repair of said Mount Hope Bridge and with the Rhode Island state police with respect to the policing of the Mount Hope Bridge;

(h) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; and

(i) To do all other acts and things necessary or convenient to carry out the powers expressly granted in this chapter.

24-13-12 Filing of eminent domain resolution and statement of sum deemed just. The necessity for {DEL such DEL} acquisition {ADD by eminent domain ADD} shall be conclusively presumed upon the adoption by the authority of a resolution declaring that the acquisition of the Mount Hope Bridge is necessary. Within six (6) months thereafter the authority shall cause to be filed in the land evidence records of the towns of Bristol and Portsmouth copies of the resolution of the authority, together with a statement, signed by the chairman of the authority, that the Mount Hope Bridge is taken pursuant to the provisions of this chapter. Thereupon the authority shall file in the superior court in and for the county of Providence a statement of the sum of money estimated by the authority to be just compensation for the bridge thus taken.

24-13-17 Issuance and sale of bonds --Form and contents. Subject to the provisions of sections 24-13-18 and 24-13-19, the authority is hereby authorized to provide by resolution for the issuance, at one time or from time to time, of revenue bonds of the authority for the purpose of paying all or a part of the cost of the acquisition of the Mount Hope Bridge. The principal of and the interest on the bonds shall be payable solely from the funds {DEL herein DEL}provided {ADD in this chapter ADD} for the payment. The bonds of each issue shall be dated, shall bear interest at the rate or rates not exceeding five percent (5%) per annum, shall mature at such time or times, not exceeding fifteen (15) years from their date or dates, as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairman of the authority or shall bear the chairman's facsimile signature, and the official seal of the authority or a facsimile thereof shall be impressed or imprinted thereon and attested by the secretary of the authority, and any coupons attached to the bonds shall bear the facsimile signature of the chairman of the authority. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or a facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until delivery of the bonds. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The authority may sell such bonds in such manner, either at public or private sale, and for such price, as it may determine will best effect the purposes of this chapter.

24-13-21 Pledge of revenues --Sinking fund. The tolls and all other revenues derived from the bridge, except such part thereof as may be necessary to pay the cost of maintenance, repair and operation and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the bonds, or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in the resolution or the trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on the bonds as the bonds shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as {DEL therein DEL}provided {ADD in the resolution or trust agreement ADD}. The pledge shall be valid and binding from the time when the pledge is made; the tolls and other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether the parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of the sinking fund shall be subject to the provisions of the resolution authorizing the issuance of the bonds or of the trust agreement. Except as may otherwise be provided in the resolution or the trust agreement, the sinking fund shall be a fund for all such bonds without distinction or priority of one over another.

24-13-23 Bondholders' remedies. Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee under the trust agreement, except to the extent the rights herein given may be restricted by the trust agreement, may, either at law or in equity, by civil action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted {DEL hereunder DEL} {ADD under this chapter ADD} or under the trust agreement or the resolution authorizing the issuance of the bonds, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the authority or by any officer thereof, including the fixing, charging and collecting of tolls.

24-13-27 Refunding and improvement bonds. The authority is hereby authorized to provide for the issuance of revenue refunding bonds of the authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium thereon or any interest accrued or to accrue to the date of redemption of the bonds, and, if deemed advisable by the authority, for the additional purpose of constructing improvements, extensions or enlargements of the Mount Hope Bridge in connection with which the bonds to be refunded shall have been issued. The authority is further authorized to provide by resolution for the issuance of its revenue bonds for the combined purpose of (a) refunding any bonds then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued on or to accrue to the date of redemption of the bonds, and (b) paying all or any part of the cost of the improvements, extensions or enlargements. The issuance of the bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same shall be governed by the provisions of this chapter insofar as {DEL the DEL} {DEL same DEL} {ADD this chapter ADD} may be applicable.

SECTION 156. Section 24-14-7 and 24-14-12 of the General Laws in Chapter 24-14 entitled "Junkyard Control act" is hereby amended to read as follows:

24-14-7 Authority to acquire interest in land for removal and screening of junkyards. When the director of transportation determines that the topography of the land adjoining the highway will not permit adequate screening of the junkyards or the screening of the junkyards would not be economically feasible, the director of transportation shall have the authority to acquire by gift, purchase, or condemnation, such interests in lands as may be necessary to secure the relocation, removal, or disposal of the junkyards; and to pay for the costs of relocation, removal, or disposal, thereof. When the director of transportation determines that it is in the best interest of the state, the director may acquire such lands, or interests in lands, as may be necessary to provide adequate screening of the junkyards by gift, purchase or condemnation. The acquisition of lands or interests in lands {DEL hereunder DEL} {ADD under this section ADD} shall be made in accordance with the provisions of chapter 6 of title 37.

24-14-12 Severability. If any section, clause or provision of this chapter shall be held either unconstitutional or ineffective in whole or in part to the extent that it is not unconstitutional or ineffective, it shall be valid and effective and no other section, clause or provision shall on account {DEL thereof DEL} {ADD of the invalidity ADD} be termed invalid or ineffective.

SECTION 157. Sections 24-15-2 and 24-15-6 of the General Laws in Chapter 24-15 entitled "Scenic Highways" are hereby amended to read as follows:

24-15-2 Definitions. As used in this chapter:

(a) "Board" means the scenic roadways board in the department of transportation.

(b) "Municipality" means a city or town.

(c) "Director" means the director of the department of transportation.

(d) "Commission" means the scenic highway commission as established {DEL herein DEL} {ADD in this chapter ADD}.

24-15-6 Local authority. The director and the municipalities and all other authorities shall have the same authority over scenic highways as they possess over other highways under their jurisdiction except as otherwise provided in this {DEL section DEL} {ADD chapter ADD}.

SECTION 158. Sections 37-2-26 and 37-2-51of the General Laws in Chapter 37-2 entitled "State Purchases" are hereby amended to read as follows:

37-2-26 Prequalification of contractors --Roads --Department of transportation. Prequalification for a contractor who bids on road work for the department of transportation shall be as follows:

(1) A list of equipment in his or her possession and which he or she proposes to use on the contract if awarded to him or her.

(2) The name and qualifications of his superintendent or supervisory personnel to be assigned to the major features of the work.

(3) His or her financial references and an original copy of his or her current financial statement.

(4) The successful contractor is required to submit to the Rhode Island department of transportation for approval, executed contract agreement(s) between the contractor and the qualified DBE to be utilized during the performance of the work.

Prior to submitting the above, any subcontractor and/or supplier must first receive subcontract approval by the Rhode Island department of transportation.

(5) Provide the number of proposed trainees to be trained in each classification and training programs as stated in the required contract provisions for federal aid projects (training special provisions page 15 par. 3).

The above requirement will be submitted to the Rhode Island department of transportation external equal employment opportunity office for approval.

(6) The name of the individual who will act as equal employment opportunity officer for this company.

(7) Four (4) copies on the company's letterhead of certification of nondiscrimination in equal employment opportunity.

(8) The successful contractor shall provide the names of proposed subcontractors and the phase and extent of the work which they will perform. If any have not performed similar work for this state, supply experience records for similar types of work performed elsewhere.

(9) Copies of letters directly from {DEL your DEL} {ADD the contractor's ADD} bonding and insurance companies indicating their willingness to furnish the required bonds and insurance.

37-2-51 Decision presumed to be correct. The decision of any official, board, agent, or other person appointed by the state concerning any controversy arising under, or in connection with, the solicitation or award of a contract, shall be entitled to a presumption of correctness, {DEL and DEL} {ADD the decision ADD} shall not be disturbed unless {DEL the decision DEL} {ADD it ADD} was procured by fraud; in violation of constitutional or statutory provisions; in excess of the statutory authority of the agency; made upon unlawful procedure; affected by other error or law; clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

SECTION 159. Section 37-2.2-3.1, 37-2.2-4 of the General Laws in Chapter 37-2.2 entitled "Products and Services of Handicapped Persons" are hereby amended to read as follows:

37-2.2-3.1 Policy and applicability. It is the policy of the state of Rhode Island that small disadvantaged handicapped businesses shall have the maximum opportunity to participate in the performance of procurements and projects as outlined {DEL below DEL} {ADD in this chapter ADD}. This chapter shall apply to any and all state purchasing, including, but not limited to the procurement of goods and services and construction projects or contracts funded in whole or in part by state funds, or funds which, in accordance with a federal grant or otherwise, the state expends or administers or in which the state is a signatory to the construction contract.

37-2.2-4 Handicapped products procurement committee --Membership --Duties. (a) There is hereby established within the governor's commission on the handicapped a committee, consisting of nine (9) persons, to be known as the handicapped products procurement committee.

(b) The committee, shall consist of the director of the department of human services or his or her designee; the director of the department of mental health, retardation, and hospitals or his or her designee; the director of the economic development corporation or his or her designee; the state purchasing agent or his or her designee {ADD ; ADD}and {DEL appointed by the chairperson of the governor's commission on the handicapped; DEL} two (2) handicapped persons; and three (3) representatives of rehabilitation facilities in the state of Rhode Island {ADD appointed by the chairperson of the governor's commission on the handicapped ADD}. All members of the committee shall serve without compensation. Of the number appointed originally under this chapter, one-third (1/3) shall be appointed for a term of one (1) year; one-third (1/3) shall be appointed for a term of two (2) years; and one-third (1/3) shall be appointed for a term of three (3) years. Thereafter, vacancies created by expiration of terms shall be filled with appointments for terms of three (3) years. Members whose terms expire may be reappointed to succeed themselves. The chairperson of the governor's commission on the handicapped or his or her designee shall serve as chairperson of the committee. The members of the committee shall elect a vice chairperson and other officers as are necessary from amongst themselves annually.

(c) The commission on the handicapped shall promulgate such rules and regulations, in accordance with the Administrative Procedures Act, chapter 35 of title 42, as are necessary and proper to ensure responsible management, operation and oversight of the committee and ensure that all facilities, both nonprofit and profit-making, referred to in sections 37-2.2-3 and 37-2.2-3.1 meet all applicable government regulations and standards, including those of the United States department of labor, the state department of human services and the chief purchasing officer with regard to developing a program which involves small disadvantaged businesses as contractors, section 37-2-9(2)(n).

(d) The committee shall establish a procedure to certify small disadvantaged handicapped businesses and rehabilitation facilities, that qualify under their regulation for a preference under section 37-2.2-3 or 37-2.2-3.1 and submit a list of the certified small disadvantaged handicapped businesses and rehabilitation facilities and the products and services provided by them to the chief purchasing officer at least once a year. The chief purchasing officer shall utilize that list in the program which involves small disadvantaged businesses as contractors established by section 37-2-9(2)(n).

SECTION 160. Section 37-6-1, 37-6-2, 37-6-19 and 37-6-23.2 of the General Laws in Chapter 37-6 entitled "Acquisition of Land" are hereby amended to read as follows:

37-6-1 State properties committee --Composition. There is hereby created and established a committee to be known as the state properties committee to act in cooperation with the departments, boards, bureaus, commissions, and agencies of the state for the purpose of acquiring, administering, and disposing of interests in land and other real property for the improvement of the administration of the state government, the advancement of commerce, and the protection and improvement of the health, welfare, and safety of the inhabitants of this state. The committee shall be composed of the state's chief purchasing officer, as chairperson, {ADD serving ex-officio; ADD} the attorney general, both serving ex-officio, a representative of the department of administration, to be designated by the director, one member representing the public, one member of the house of representatives appointed by the speaker, and one member from the senate appointed by the majority leader representing the general assembly; provided, however, that any of the ex-officio members, including the chairperson, may from time to time designate a subordinate, from within his or her department or division, as a substitute member of the committee, in his or her stead, by filing a written notice thereof, in the office of the secretary of state. Any designation may be revoked at any time, by filing a written revocation in the {ADD secretary of state's ADD} office. The public member shall be appointed by the governor to serve for a term of three (3) years and until his or her successor is appointed and qualified, the appointment to be made for a term commencing March 1, 1961, and each third year thereafter. The public member shall be paid a daily rate of pay to be determined by the chairperson for each day in actual attendance at meetings and special business called by the chairperson.

37-6-2 Rules, regulations, and procedures of committee. (a) The state properties committee is hereby authorized and empowered to adopt and prescribe rules of procedure and regulations, and from time to time amend, change, and eliminate such rules and regulations, and make such orders and perform such actions as it may deem necessary to the proper administration of this chapter and sections 37-7-1 --37-7-9 {DEL , inclusive, and DEL} {ADD In ADD} the performance of {DEL its DEL} {ADD the commission's ADD} duties hereunder, {DEL by filing written notice thereof in the office of the secretary of state, and DEL} {ADD the commission ADD} may in any particular case prescribe a variation in procedure or regulation when it shall deem it necessary in view of the exigencies of the case and the importance of speedy action in order to carry out the intent and purpose of this chapter and sections 37-7-1 --37-7-9, {DEL inclusive, by filing DEL} {ADD the commission shall file ADD} written notice thereof in the office of the secretary of state. All filings shall be available for public inspection.

(b) The following siting criteria shall be utilized whenever current existing leases expire or additional office space is needed:

(1) A preference shall be given to sites designated as enterprise zone census tracts pursuant to chapter 64.3 of title 42; or in blighted and/or substandard areas pursuant to section 45-31-8 or in downtown commercial areas where it can be shown that such facilities would make a significant impact on the economic vitality of the community's central business district;

(2) Consideration should be given to adequate access via public transportation for both employees as well as the public being served; and where appropriate, adequate parking;

(3) A site must be consistent with the respective community's local comprehensive plan;

(4) The division of planning within the department of administration shall be included in the evaluation of all future lease proposals.

(c) The state properties committee shall explain, in writing, how each site selected by the committee for a state facility meets the criteria described in subsection (b) of this section.

37-6-19 Late filing of petition for assessment of damages. In case any owner of or any person having an estate or interest in land or other real property shall fail to file his or her petition as {DEL above DEL} provided {ADD in section 37-6-18 ADD}, the superior court in the county of Providence or the superior court for one of the counties in which the land or other real property may be situated, in its discretion, may permit the filing of the petition subsequent to period of one year from the filing of the description and statement; provided, the person shall have had no actual knowledge of the taking of the land in season to file the petition; and provided, the state shall not have paid any other person or persons claiming to own the land the value thereof or be liable to pay for the land under any judgment rendered under the provisions of this chapter.

37-6-23.2 Deposit of fair market value as determined by state's reviewing appraiser. (a) If, after the expiration of one year following the filing of the description, plat, and statement as provided in section 37-6-14, and after notice by publication as prescribed by section 37-6-16, no petition for an assessment of damages has been filed in the superior court pursuant to section 37-6-18 or otherwise, the acquiring authority may petition the superior court for one of the counties in which the land or other real property is situated or for Providence county for permission to deposit in the registry of the court a sum of money equal to the amount of appraisal of the parcel of land taken which was approved by the state's reviewing appraiser as the fair market value of the parcel or parcels of land taken and of appurtenant damages to any remainder; the sum shall be deposited in the registry of the court in a special account to accumulate for the benefit of the person or persons entitled thereto. The acquiring authority making the deposit shall take the receipt of the clerk of the superior court as evidence of his or her compliance with the order of the court. After such notice as the court shall order, the court after hearing evidence as to the approved figure of the state's reviewing appraiser, as aforesaid, shall direct the amount to be so deposited and invested. The acquiring authority shall have the right to join several parcels of land in a single petition, despite the fact that the parcels are owned by different persons, but, wherever possible, the sum deposited for each parcel owned separately or owned in common by more than one person shall be designated and recorded with the clerk of court at the time of the deposit. When any person entitled to money so deposited shall satisfy the superior court of his or her right to receive the money the court shall cause the money to be paid over to him or her with all accumulations thereon.

(b) If a petition is filed under the provisions of section 37-6-23.1 after the deposit of a sum of money in the registry of the court has been made for the land or real property so taken in accordance with the provisions of this section, upon entry of judgment thereon, the court shall order the sum of money theretofore deposited in the registry of the court transferred to the special account provided for in section 37-6-23.1, and the acquiring authority shall thereupon deposit in the special account a sum of money equal to the difference between the sum transferred and the sum awarded by the court in its decision made under the provisions of section 37-6-23.1.

(c) Nothing {DEL herein contained DEL} {ADD in this section ADD} shall prevent or interfere with the operation of any other section of this title.

SECTION 161. Sections 37-6.1-1 and 37-6.1-9 of the General Laws in Chapter 37-6.1 entitled "Relocation Payments" are hereby amended to read as follows:

37-6.1-1 Approval of payments. The director of the state department of transportation is hereby authorized to approve the payment by the general treasurer upon orders drawn by the state controller of relocation payments to eligible persons, businesses, farms, and nonprofit organizations of fair and reasonable relocation and other payments as {DEL herein DEL} provided {ADD by this chapter ADD} caused by their displacement from real property acquired by the state in conjunction with any federal or state highway program.

37-6.1-9 Definitions. As used in the preceding sections of this chapter:

(1) The term "person" means:

(a) Any individual, partnership, corporation, or association which is the owner of a business;

(b) Any owner, part owner, tenant, or sharecropper who operates a farm;

(c) An individual who is the head of a family; or

(d) An individual not a member of a family.

(2) The term "family" means two (2) or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, or adoption or legal guardianship.

(3) The term "displaced person" means any person who moves from real property on or after August 23, 1968 as a result of the acquisition or reasonable expectation of acquisition of real property, which is subsequently acquired in whole or in part by the state for a highway, or as the result of the acquisition by the state for a highway of other real property on which the person conducts a business or farm operation. A person who moves from real property which is subsequently acquired for a state highway as a result of the "reasonable expectation of acquisition of the real property" is one who moves from the property (i) after notification by the department of transportation that the property is to be acquired for a project or after the location of the highway has been definitely established and approved by the department of transportation and (ii) within twelve (12) months before the property is scheduled to be taken by the state; provided that a person who moves onto real property within twelve (12) months before the property is scheduled to be taken by the state and moves from the property more than ninety (90) days before the property is scheduled to be taken by the state is not a displaced person for the purposes {DEL hereof DEL} {ADD of this ADD} {ADD chapter ADD}; and provided further that any person who moves from the property prior to acquisition thereof by the state, in order to be eligible for payment {DEL hereunder DEL} {ADD under this chapter ADD} shall, prior to the removal, notify the department of transportation in writing thereof and receive the certificate of the department of transportation as to his or her eligibility as a displaced person for the purposes {DEL hereof DEL} {ADD of this chapter ADD} subject to the subsequent acquisition of said property by the state.

(4) The term "business" means any lawful activity conducted primarily:

(a) For the purchase and resale, manufacture, processing, or marketing of products, commodities, or any other personal property;

(b) For the sale of services to the public; or

(c) By a nonprofit organization.

(5) The term "farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

SECTION 162. Section 37-13-6 of the General Laws in Chapter 37-13 entitled "Labor and Payment of Debts by Contractors" is hereby amended to read as follows:

37-13-6 Ascertainment of prevailing rate of wages and other payments --Specification of rate in call for bids and in contract. Before awarding any contract for public works to be done, the proper authority shall ascertain from the director of labor and training the general prevailing rate of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees only, to lawful welfare, pension, vacation, apprentice training, and educational funds (payments to the funds must constitute an ordinary business expense deduction for federal income tax purposes by contractors) in the city, town, village, or other appropriate political subdivision of the state in which the work is to be performed, for each craft, mechanic, teamster, laborer, or type of workman needed to execute the contract for the public works {DEL , and DEL} {ADD The proper authority ADD}shall specify in the call for bids for the contract and in the contract itself the general prevailing rate of the regular, holiday, and overtime wages paid and the payments on behalf of employees only, to the welfare, pension, vacation, apprentice training, and education funds existing in the locality for each craft, mechanic, teamster, laborer, or type of worker needed to execute the contract or work.

SECTION 163. Section 37-14-5 of the General Laws in Chapter 37-14 entitled "Public Buildings Authority" is hereby amended to read as follows:

37-14-5 Powers of authority. The authority is hereby authorized and empowered:

(a) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(b) To adopt an official seal and alter the same at pleasure;

(c) To maintain an office within the department of administration and shall use department of administration personnel to assist the authority in the administration of this chapter;

(d) To sue and be sued in its own name, plead and be impleaded; provided, however, that any and all actions against the authority shall be brought only in the county in which the principal office of the authority shall be located;

(e) To acquire, purchase, hold, and use any property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the authority, and to mortgage, lease, or sell any of the property; and (without limitation of the foregoing) to lease as lessee, any property, real, personal, or mixed, or any interest therein to lease as lessor to the federal government, the state, and any municipality any project of the authority, and to sell, transfer, and convey to any lessee or to any other person upon such terms and conditions and for such considerations as the authority shall determine;

(f) To acquire by purchase, lease, or otherwise, and to construct, improve, equip, furnish, maintain, repair, and operate projects, and to establish rules and regulations for the use of any project;

(g) To rent such space in such public facilities as from time to time may not be needed by any governmental entity to any person for such other purposes as the authority may determine and upon such terms and in such manner as the authority may determine;

(h) To employ, in its discretion, planning, architectural, or engineering consultants, attorneys, accountants, construction, and financial experts, superintendents, managers, and such other officers, employees and agents as may be necessary in its judgment, and to fix their compensation;

(i) To fix and revise from time to time, subject to the provisions of this chapter, and to charge and collect fees, rentals, and other charges for the use of the facilities of, or for the services rendered by, the authority or projects thereof, at rates to be determined by the authority, for the purpose of providing for the payment of the expenses of the authority, the acquisition, construction, improvement, repair, equipping, furnishing, maintenance, and operation of its facilities and properties, the payment of the principal of and interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any obligations;

(j) {ADD To issue bonds, ADD} {DEL W DEL} {ADD w ADD}ith the consent of both the governor and the general assembly to issue bonds of the authority for any of its purposes, payable solely from the revenues pledged for their payment, all as provided in this chapter;

(k) To borrow money in anticipation of the issuance of bonds for any of its purposes and to issue notes, certificates, or other evidences of borrowing upon such terms as may be authorized by resolution of the authority;

(l) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter;

(m) {DEL Without limitation of the foregoing, DEL} {DEL t DEL} {ADD T ADD}o borrow money from, to receive, and accept grants for or in aid of construction or acquisition of projects authorized under this chapter from, and to enter into contracts, leases, or other transactions with, any federal agency {ADD this power being without limitation of the forgoing ADD}; and to receive and accept from the state or any municipality, and from any other source, aid or contributions of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which the grants and contributions may be made;

(n) To combine for financing purposes any two (2) or more projects authorized to be acquired or constructed under the provisions of this chapter;

(o) To be a promoter, partner, member, owner, associate, or manager of any partnership, condominium, or other enterprise or venture;

(p) To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the rights of condemnation in the manner hereinafter provided, such public or private lands, including public parks, playgrounds, or reservations, or parts thereof or rights therein, rights of way, property, rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, however, that all public property damaged in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable; and

(q) To do all other acts and things necessary or convenient to carry out the powers expressly granted in this chapter

SECTION 164. Section 37-15-12 of the General Laws in Chapter 37-15 entitled "Litter Control and Recycling" is hereby repealed in its entirety:

{DEL 37-15-12 Litter control. DEL} {DEL All assessments, fines, bail forfeitures, and other funds collected or received pursuant to this chapter shall be deposited as general revenues. DEL}

SECTION 165. Section 37-16-6 of the General Laws in Chapter 37-16 entitled "Public Works Arbitration" is hereby amended to read as follows:

37-16-6 Trial upon evidence of substantial issue. If evidentiary facts be set forth raising a substantial issue as to the making of the contract or the failure to comply therewith, the court, or the judge thereof, shall proceed immediately to the trial {DEL thereof DEL} {ADD of the issues ADD}. Whenever an immediate trial is ordered the order therefor shall provide that, if the court finds that a written contract providing for arbitration was made, and that there was a failure to comply therewith, the parties shall proceed with the arbitration in accordance with the terms of the contract and the order shall provide that if the court finds that there was no such contract or failure to comply {DEL therewith DEL} {ADD with the contract ADD}, then the proceeding shall be dismissed.

SECTION 166. Chapter 37-19 of the General Laws in Title 37 entitled "Public Property and Works" is hereby repealed in its entirety:

{DEL 37-19-1 Short title. DEL} {DEL This act may be referred to and cited as the "Howard development corporation". DEL}

{DEL 37-19-2 Legislative declaration. DEL} {DEL The general assembly hereby finds and declares that:

(a) Utilization of surplus state land for future industrial development, the planning of its use, and the establishment of sound development standards would help preserve one of the state's primary resources;

(b) The surplus state land at the Howard complex now available for industrial and commercial purposes, is adequate in location and in terms of accessibility or services to meet the needs of the expanding economy in the future;

(c) Providing land for the comprehensive economic development of the state promotes the prosperity and general welfare of the state, and is a proper concern of government;

(d) Private enterprise has encountered difficulty in providing new industrial and commercial facilities in economically strategic areas of the state, because of problems in assembling land suitable for building purposes and the cost of providing adequate public services to serve development;

(e) Efficiency and economy in the provision of public services, both in capital outlay and operating costs, depends upon an effective method for the utilization of surplus state land for economic development and for planning of its use for future industrial and commercial purposes;

(f) A corporation is the best means of supplementing and assisting existing agencies and private developers in the implementation of the orderly economic development of the state through the advance acquisition of strategically located surplus state industrial lands and through their planning, development, and disposition for such uses. DEL}

{DEL 37-19-3 Definitions. DEL} {DEL As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

(a) "Corporation" means the Howard development corporation created and established by section 37-19-4, or any board, body, commission, department, or officer succeeding to the principal functions thereof, or to whom the powers conferred upon the corporation by this chapter shall be given by law.

(b) "State" means the state of Rhode Island and Providence Plantations.

(c) "Improvement" means land preparation, and provision of public improvements, such as streets, sewers, and water lines and other utilities needed for industrial or commercial development.

(d) "State land use plan" means the plans, programs, and policies, in existence and as may be amended, as developed by the statewide planning program and other state planning agencies, and as approved by the state or its constituent legislative or executive agencies. DEL}

{DEL 37-19-4 Establishment --Board of directors. DEL} {DEL (a) The Howard development corporation is hereby constituted and established as a public body corporate and agency of the state of Rhode Island for the purposes of acquiring, improving, financing, and conveying and leasing land and interests therein, as defined in this chapter. 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.

(b) All the powers of the corporation shall be vested in the board of directors of the corporation. An annual report shall be compiled in accordance with chapter 36 of title 42 and shall also be submitted directly to the general assembly annually not later than February 15.

(c) The corporation shall consist of seven (7) directors, six (6) of whom shall be appointed by the economic development council for a period of five (5) years, as herein provided. The seventh member ex officio shall be the chairperson of the permanent joint committee on environment.

(d) Upon the enactment of this chapter, the economic development council shall appoint two (2) members to serve until the first day of February, 1973, and until their successors are appointed and qualified, and shall appoint the chairperson of the permanent joint committee on environment for a term to coincide with his or her duration of office as the chairperson, two (2) members to serve until the first day of February, 1974 and until their successors are appointed and qualified, and two (2) members to serve until the first day of February, 1975 and until their successors are appointed and qualified. Each director shall have one vote concerning the management of the affairs of the corporation.

(e) During the month of January, 1973, and during the month of January, annually thereafter, the economic development council shall appoint a member to succeed the member whose term will then next expire to serve for a term of five (5) years commencing on the first day of February and then next following, and until his or her successor is appointed and qualified. A member shall be eligible to succeed him or herself. Two (2) members shall be residents of the city of Cranston.

(f) Each member of the board of directors, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state. Further, no member of the board shall benefit directly or indirectly from any project undertaken by the corporation.

(g) The board of directors may elect such officers, who need not be members of the board, as may be required to conduct the corporation's business. The director of the department of economic development shall serve as executive director and chief executive officer, ex officio, of the corporation.

(h) Four (4) members of the board of directors of the corporation shall constitute a quorum and the vote of four (4) members of the board of directors shall be necessary for any action taken by the corporation. No vacancy in the membership of the board of directors of the corporation shall impair the right of a quorum to exercise all the powers and perform the duties of the corporation.

(i) Any action taken by the corporation under the provisions of this chapter may be authorized by resolution at any regular or special meeting, and each resolution shall take effect immediately. All meetings shall be open to the public and all records shall be a matter of public record except that if a majority of the board decides that it would be in the best interest of the corporation and the state to hold an executive session in private then the board is authorized to transact such business as it deems necessary at the closed meeting, and the records of the meeting shall not become public record until the transaction discussed has, in the opinion of the directors, been completed.

(j) The members of the board of directors and officers of the corporation shall receive no compensation for the performance of their duties hereunder, but each member or officer shall be paid his or her necessary expenses incurred while in the performance of their duties.

(k) Members of the commission who were appointed to the office prior to May 3, 1974 and are holding office on May 3, 1974, shall continue to hold the office until their successor is appointed and qualified pursuant to this section.DEL}

{DEL 37-19-5 Title to realty. DEL} {DEL The Howard development corporation is hereby vested with, in fee simple, all of the right, title, and interest of the state of Rhode Island in and to the following described real estate:

(a) That certain parcel or tract of land with all buildings and improvements thereon, situated on the easterly and southeasterly side of Pontiac Avenue in the city of Cranston, county of Providence, state of Rhode Island and is bounded and described as follows:

Beginning at the westerly corner of the parcel herein described, said point being the northwesterly corner of property now or formerly belonging to Daniel and Angelina Capuano;

thence running northerly along the easterly street line of Pontiac Avenue for a distance of two hundred sixty more or less feet (260') to a corner and property now or formerly belonging to Frederick M. and Carol T. Morse;

thence turning and running southeasterly bounding northeasterly by said Morse property for a distance of one hundred ninety-nine (199) more or less feet to a corner;

thence turning and running northerly bounding westerly by said Morse property and property now or formerly belonging to Helen F. Morse for a distance of two hundred four more or less feet (204') to a corner;

thence turning and running northwesterly bounding southwesterly by said Helen F. Morse property for a distance of two hundred thirty and forty-five hundredths more or less feet (230.45') to a corner and the easterly street line of Pontiac Avenue;

thence turning and running northerly and northeasterly along the easterly and southeasterly street line of Pontiac Avenue to a corner and property now or formerly belonging to Irvin D. Follett;

thence turning and running southeasterly bounding northeasterly by said Follett property for a distance of one hundred feet (100') to an angle;

thence continuing southeasterly bounding northeasterly by said Follett property for a distance of one hundred twenty-six more or less feet (126') to a corner;

thence turning and running northeasterly bounding northwesterly by Follett property for a distance of ninety-one more or less feet (91') to a corner;

thence turning and running northwesterly bounding southwesterly by said Follett property for a distance of one hundred twenty-six more or less feet (126') to an angle;

thence continuing northwesterly bounding southwesterly by said Follett property for a distance of one hundred more or less feet (100') to the southeasterly street line of Pontiac Avenue;

thence turning and running northeasterly along the southeasterly street line of Pontiac Avenue for a distance of two hundred fifteen more or less feet (215') to a corner and property now or formerly belonging to Minerva M. Simpson;

thence turning and running southeasterly bounding northeasterly by said Simpson property for a distance of three hundred seventy-two and eighty hundredths more or less feet (372.8') to a corner;

thence turning and running northeasterly bounding northwesterly by said Simpson property for a distance of ninety-seven and twenty-five hundredths more or less feet (97.25') to an angle;

thence continuing northeasterly bounding northwesterly by said Simpson property for a distance of two hundred ninety-six and six tenths more or less feet (296.6') to a corner;

thence turning and running northwesterly bounding southwesterly by said Simpson property for a distance of one hundred seventy-one and three tenths more or less feet (171.3') to a corner;

thence turning and running southwesterly bounding southeasterly by said Simpson property for a distance of eleven and six tenths more or less feet (11.6') to a corner;

thence turning and running northwesterly bounding southwesterly by said Simpson property for a distance of fifty-five and thirty-three hundredths more or less feet (55.33') to a corner;

thence turning and running northeasterly bounding northwesterly by said Simpson property for a distance of twenty more or less feet (20') to a corner;

thence turning and running northwesterly bounding southwesterly by said Simpson property for a distance of eighty-three more or less feet (83') to the southeasterly street line of Pontiac Avenue;

thence turning and running northeasterly along the southeasterly street line of Pontiac Avenue, curving to the right along the arc of a curve having a radius of three hundred twenty-one and one tenth more or less feet (321.1') to a point of tangency;

thence continuing northeasterly along the southeasterly street line of Pontiac Avenue for a distance of one hundred twenty-four and thirty hundredths more or less feet (124.30') to a point of curve;

thence continuing northeasterly and easterly along the southeasterly and southerly street line of Pontiac Avenue curving to the right along the arc of a curve having a radius of four hundred eighty and ninety-three hundredths more or less feet (480.93') to a point of tangency;

thence continuing easterly along the southerly street line of Pontiac Avenue for a distance of two hundred nine more or less feet (209') to a point of curve;

thence continuing easterly and northeasterly along the southerly and southeasterly street line of Pontiac Avenue curving to the left along the arc of a curve having a radius of three hundred twenty-seven and eighty-eight hundredths more or less feet (327.88') to a stone highway bound located at a point of tangency;

thence continuing northeasterly along the southeasterly street line of Pontiac Avenue for a distance of six hundred fifty-seven and forty-nine hundredths more or less feet (657.49'), crossing property of the Pawtuxet Valley railroad, to a stone highway bound located at an angle;

thence continuing northeasterly along the southeasterly street line of Pontiac Avenue for a distance of two hundred seventy-nine and fifty-two hundredths more or less feet (279.52') to a stone highway bound located at an angle;

thence continuing northeasterly along the southeasterly street line of Pontiac Avenue for a distance of four hundred twenty-seven and fifty-six hundredths more or less feet (427.56') to a corner;

thence turning an interior angle of ninety-one degrees, four minutes and forty seconds (91° 04' 40") and running southeasterly, bounding northeasterly by other state of Rhode Island property for a distance of sixteen hundred forty-five and ninety-six hundredths more or less feet (1645.96') to an angle;

thence turning an interior angle of two hundred four degrees, seventeen minutes and thirteen seconds (204° 17' 13") and running easterly bounding northerly by other state of Rhode Island property for a distance of nine hundred fifty more or less feet (950') to the west bank of the Pawtuxet River;

thence turning and running southerly, southwesterly, westerly, southerly and southwesterly along the west bank of the Pawtuxet River to the city of Warwick city line;

thence turning and running westerly along the city of Warwick city line bounding southerly by other state of Rhode Island property to the southerly line of property now or formerly belonging to the Pawtuxet Valley railroad;

thence turning and running easterly and northeasterly along the southerly and southeasterly line of property now or formerly belonging to the Pawtuxet Valley railroad curving to the left along the arc of a curve to a corner and property now or formerly belonging to Daniel and Angelina Capuano;

thence turning and running northeasterly bounding northwesterly by the Capuano property for a distance of one hundred seventy-four more or less feet (174') to a corner;

thence turning and running northeasterly bounding southwesterly by the Capuano property for a distance of ninety-three and twenty-five hundredths more or less feet (93.25') to the southeasterly line of property now or formerly belonging to the Pawtuxet Valley railroad;

thence continuing northwesterly in the same straight line to the northwesterly property line of property now or formerly belonging to the Pawtuxet Valley railroad, and property of said Capuano;

thence continuing northwesterly in the same straight line bounding southwesterly by the Capuano property for a distance of fourteen more or less feet (14') to a corner;

thence turning and running northeasterly bounding northwesterly by the Capuano property to an angle and the northwesterly line of property now or formerly belonging to the Pawtuxet Valley railroad;

thence turning and running northerly along the westerly line of property now or formerly belonging to the Pawtuxet Valley railroad bounding westerly by the Capuano property to a corner;

thence turning and running northerly bounding westerly by the Capuano property for a distance of one hundred eighty more or less feet (180') to an angle;

thence turning and running northwesterly bounding southwesterly by the Capuano property to a corner;

thence turning and running southwesterly bounding southeasterly by the Capuano property for a distance of four hundred ninety-five more or less feet (495') to a corner;

thence turning and running northwesterly bounding southwesterly by the Capuano property for a distance of three hundred forty more or less feet (340') to the point and place of beginning;

(b) Also, that parcel of land bounded and described as follows:

That certain tract or parcel of land, with any buildings or improvements thereon situated in the city of Cranston, county of Providence and state of Rhode Island and bounded and described as follows:

Beginning at the intersection of the old southeasterly line of Pontiac Avenue with the southwesterly line of the Pawtuxet Valley railroad location;

thence running northerly bounding easterly on the railroad location twenty six and ninety-four hundredths feet (26.94') to a corner;

thence turning an interior angle of two hundred twenty-seven degrees, fifty-five minutes and forty seconds (227° 55' 40") and running northeasterly bounding southeasterly on the railroad location fifty three and eighty-nine hundredths feet (53.89') to a corner;

thence turning an interior angle of one hundred thirty-two degrees, four minutes and twenty seconds (132° 04' 20") and running northerly bounding easterly on the railroad location forty and forty-one hundredths feet (40.41') to a corner;

thence turning an interior angle of forty-seven degrees, fifty-five minutes and forty seconds (47° 55' 40") and running southwesterly bounding northwesterly on the railroad location twenty and twenty-two hundredths feet (20.22') to a corner;

thence turning an interior angle of two hundred twenty-five degrees, forty-two minutes and twenty seconds (225° 42' 20") and running westerly bounding northerly on Pontiac Avenue as shown on state highway plat numbered sixteen hundred eighty-nine (1689) ninety five and ninety-five hundredths feet (95.95') to a corner, the corner being thirty-two feet (32') southeasterly of centerline station 33 + 50 as shown on the above mentioned highway plat.

thence turning an interior angle of one hundred forty-six degrees, twenty-nine minutes (146° 29') and running southwesterly bounding northwesterly on said Pontiac Avenue six hundred twenty three and sixty-five hundredths feet (623.65') to the point of curvature of a curve having a radius of twenty-two hundred thirty and ninety-eight hundredths feet (2230.98');

thence continuing southwesterly in the arc of the curve and bounding northwesterly on Pontiac Avenue twenty three feet (23'), more or less, to a point;

thence running easterly in the arc of a curve having a radius of four hundred eighty and ninety-three hundredths feet (480.93'), eighty and no hundredths feet (80.00'), more or less, to the point of tangency of the curve;

thence continuing easterly two hundred nine and no hundredths feet (209.00') to the point of curvature of a curve having a radius of three hundred twenty-seven and eighty-eight hundredths feet (327.88');

thence running northeasterly in the arc of the curve two hundred twenty six and fifty-two hundredths feet (226.52') to the point of tangency of the curve;

thence running still northeasterly one hundred eighty two and seventy-eight hundredths feet (182.78') to the point of beginning, the last four (4) courses bounding southerly, and southeasterly on land of Howard development corporation.

(c) Also, that parcel of land bounded and described as follows:

That certain tract or parcel of land, with any building or improvements thereon situated in the city of Cranston, county of Providence and state of Rhode Island and bounded and described as follows:

Beginning at the southwesterly corner of the parcel herein described, the corner being the most northerly corner of property now or formerly belonging to Howard development corporation, the corner also being in the southeasterly street line of Pontiac Avenue as established by the city layout of September 1877;

thence running N thirty degrees, no minutes and thirty-five seconds (30° 00' 35") E along the southeasterly street line of Pontiac Avenue for a distance of one thousand sixty and thirty-five hundredths feet (1060.35') (323.195m) to a corner;

thence turning an interior angle of eighty-nine degrees, fifty-eight minutes and fifteen seconds (89° 58' 15") and running S fifty-nine degrees, fifty-seven minutes and forty seconds (59° 57' 40") E along the state highway line of Pontiac Avenue as established by state highway plat number eighteen hundred seventy-two (1872) for a distance of six and fifty-five hundredths feet (6.55') (1.995m) to a corner;

thence turning an interior angle of two hundred seventy degrees, no minutes and no seconds (270° 00' 00") and running N thirty degrees, two minutes and twenty seconds (30° 02' 20") E along the southeasterly state highway line of Pontiac Avenue for a distance of ninety and no hundredths feet (90.00') (27.42m) more or less to a corner and property now or formerly belonging to the state of Rhode Island;

thence turning an interior angle of ninety degrees, no minutes and no seconds (90° 00' 00") and running S fifty-nine degrees, fifty-seven minutes and forty seconds (59° 57' 40") E bounding northeasterly by the state property for a distance of one hundred thirteen and no hundredths feet (113.00') (34.442m) to an angle;

thence turning an interior angle of one hundred fifty-five degrees, twenty-four minutes and no seconds (155° 24' 00") and running S thirty-five degrees, twenty-one minutes and forty seconds (35° 21' 40") E bounding northeasterly by the state property for a distance of four hundred fifty-eight and no hundredths feet (458.00') (139.599m) to corner;

thence turning an interior angle of two hundred sixty-three degrees, fourteen minutes and no seconds (263° 14' 00") and running N sixty-one degrees, twenty-four minutes and twenty seconds (61° 24' 20") E bounding northwesterly by the state property for a distance of four hundred seventy-eight and ninety-six hundredths feet (478.96') (145.987m) to a corner;

thence turning an interior angle of two hundred twenty-six degrees, no minutes and twenty-six seconds (226° 00' 26") and running N fifteen degrees, twenty-three minutes and fifty-four seconds (15° 23' 54") E bounding westerly by the state property for a distance of six hundred sixty and fifty-six hundredths feet (660.56') (201.339m) to a corner and state freeway line of route 37;

thence turning an interior angle of ninety degrees, no minutes and no seconds (90° 00' 00") and running S seventy-four degrees, thirty-six minutes and six seconds (74° 36' 06") E along the southerly state freeway line of route 37 for a distance of five hundred sixty-three and ten hundredths feet (563.10') (171.634m) to a corner and state highway line;

thence turning an interior angle of one hundred thirteen degrees, thirty-two minutes and thirty-two seconds (113° 32' 32") and running S eight degrees, eight minutes and thirty-eight seconds (08° 08' 38") E along the westerly state highway line of route 37 for a distance of three hundred eighteen and eighty hundredths feet (318.80') (97.171m) to a corner;

thence turning an interior angle of two hundred sixty-six degrees, fifty-three minutes and ten seconds (266° 53' 10") and running N eighty-four degrees, fifty-eight minutes and twelve seconds (84° 58' 12") E along the southerly state highway line of route 37 for a distance of two hundred sixty-seven feet (267') (81m) more or less to the Pawtuxet River;

thence turning and running generally southerly along the westerly side of the Pawtuxet River to a point, the point being in the westerly state highway line of interstate route 95 westerly of the center line opposite station 490 + 35 as shown on the state plat number 1217;

thence turning and running southerly along the westerly state highway line of interstate route 95 for a distance of one hundred ninety feet (190') (58m) more or less to an angle, the angle being four hundred fifty and no hundredths feet (450.00') westerly of the center line at station 488+50;

thence turning and running S twenty-one degrees, eight minutes and twenty-two seconds (21° 08' 22") W along the westerly state highway line of interstate route 95 for a distance of eight hundred fifty-three and thirty hundredths feet (853.30') (260.087m) to an angle;

thence turning an interior angle of two hundred eleven degrees, forty-eight minutes and thirty seconds (211° 48' 30") and running S ten degrees, forty minutes and eight seconds (10° 40' 08") E along the westerly state highway line of interstate route 95 for a distance of one hundred eighty-seven and eighty-nine hundredths feet (187.89') (57.268m) to a corner and property now or formerly belonging to Howard development corporation;

thence turning an interior angle of seventy-four degrees, forty-one minutes and ten seconds (74° 41' 10") and running N eighty-five degrees, twenty-one minutes and eighteen seconds (85° 21' 18") W bounding southerly by the Howard development corporation property for a distance of one hundred thirty and thirty-seven hundredths feet (130.37') (39.736m) to a corner, the corner being located at the northeasterly corner of property now or formerly belonging to Rhode Island port authority and economic development corp.;

thence turning an interior angle of eighty-six degrees, no minutes and twenty-one seconds (86° 00' 21") and running N eight degrees, thirty-eight minutes and twenty-one seconds (08° 38' 21") E bounding westerly by property now or formerly belonging to the state of Rhode Island for a distance of eight hundred six and forty hundredths feet (806.40') (245.792m) to a corner;

thence turning an interior angle of two hundred seventy-seven degrees, fifty-three minutes and fifty-six seconds (277° 53' 56") and running N eighty-nine degrees, fifteen minutes and thirty-five seconds (89° 15' 35") W bounding southerly by the state of Rhode Island property for a distance of one thousand twenty-four and fifty-seven hundredths feet (1024.57') (312.291m) to a corner;

thence turning an interior angle of two hundred seventy degrees, no minutes and no seconds (270° 00' 00") and running S zero degrees, forty-four minutes and twenty-five seconds (00° 44' 25") W bounding easterly by the state of Rhode Island property for a distance of six hundred forty-nine and no hundredths feet (649.00') (197.816m) to a corner and property now or formerly belonging to Howard development corporation;

thence turning an interior angle of sixty-one degrees, forty-eight minutes and thirty seconds (61° 48' 30") N sixty-one degrees, four minutes and five seconds (61° 04' 05") W bounding southwesterly in part by Howard development corporation property, in part by property now or formerly belonging to diversified containers, inc., in part by property now or formerly belonging to Rhode Island port authority and economic development corp., and in part by other Howard development corporation property for a distance of fourteen hundred thirty-four and no hundredths feet (1434.00') (437.084m) to the point and place of beginning;

the last described line forming an interior angle of eighty-eight degrees, fifty-five minutes and twenty seconds (88° 55' 20") with the first described line;

the parcel contains sixty-five (65) acres (26.3 hectares) more or less.

The parcel is subject to a thirty foot (30') wide easement to the Howard development corporation and is located along the southwesterly line of this parcel, the easement being recorded in the land evidence in the city of Cranston in deed book 427 on page 892.

Included with the above described parcel is a triangular shaped easement in the northwesterly corner of property now or formerly belonging to Rhode Island port authority and economic development corp. and is recorded in the land evidence in the city of Cranston and deed book 427 on page 895.

(d) Also, that parcel of land bounded and described as follows:

That certain tract or parcel of land, with any building or improvements thereon situated in the city of Cranston, county of Providence and state of Rhode Island and bounded and described as follows:

Beginning at a point in the southeasterly line of the New London Avenue, at the southwesterly corner of the parcel herein described and at the northwesterly corner of land now or formerly of northeast realty corp.; thence running northeasterly one hundred fifty two and sixty-three hundredths feet (152.63') to a point; the point being thirty feet (30') left of baseline station 209 + 00 3 as shown on Rhode Island highway plat number 201;

thence turning an interior angle of one hundred fifty-three degrees, fifty-seven minutes and eight seconds (153° 57' 08") and running northeasterly five hundred and ninety-nine hundredths feet (500.99') to an angle;

thence turning an interior angle of one hundred ninety-three degrees, twenty-seven minutes and twenty-four seconds (193° 27' 24") and running northeasterly three hundred eighty one and thirty-seven hundredths feet (381.87') to an angle;

thence turning an interior angle of two hundred three degrees, three minutes and twenty-seven seconds (203° 03' 27") and running northeasterly five hundred five and sixty-three hundredths feet (505.63') to an angle;

thence turning an interior angle of one hundred thirty-nine degrees, twenty-four minutes and twelve seconds (139° 24' 12") and running northeasterly three hundred sixty seven and two hundredths feet (367.02') to an angle;

thence turning an interior angle of one hundred seventy-seven degrees, fifty-eight minutes and thirty seconds (177° 58' 30") and running northeasterly four hundred nineteen and eighty-four hundredths feet (419.84') to an angle;

thence turning an interior angle of one hundred seventy-nine degrees, twenty-seven minutes and thirty-two seconds (179° 27' 32") and running northeasterly four hundred forty six and sixty-four hundredths feet (446.64') to an angle;

thence turning an interior angle of one hundred seventy-six degrees, twenty-four minutes and twelve seconds (176° 24' 12") and running northeasterly nine hundred eleven and seventy hundredths feet (911.70') to a corner, the last eight (8) courses bounding respectively northwesterly on New London Avenue;

thence turning an interior angle of ninety degrees, seventeen minutes and thirty seconds (90° 17' 30") and running southeasterly seventy eight and nine hundredths feet (78.09') to the point of curvature of a curve having a radius of two hundred ninety six and two hundredths feet (296.02') and a central angle of thirty degrees, seventeen minutes (30° 17');

thence running easterly in the arc of the curve one hundred fifty six and forty-six hundredths feet (156.46') to the point of tangency of the curve;

thence running northeasterly three and thirty-nine hundredths feet (3.39') to a corner; the last three (3) courses bounding respectively northeasterly, northerly, and northwesterly on Howard Avenue, so-called;

thence turning an interior angle of fifty-nine degrees, twenty-five minutes (59° 25') and running southwesterly bounding southeasterly on land of the state of Rhode Island four hundred eighty nine and twenty-six hundredths feet (489.26') to a corner;

thence turning an interior angle of two hundred forty-seven degrees, twenty-four minutes and forty-one seconds (247° 24' 41") and running southeasterly bounding northeasterly on land of the state of Rhode Island twelve hundred fifteen and eighty-six hundredths feet (1215.86') to a corner;

thence turning an interior angle of ninety degrees (90°) and running southwesterly bounding southeasterly on land of the state of Rhode Island four hundred sixty nine and ninety-five hundredths feet (469.95') to a corner;

thence turning an interior angle of two hundred seventy degrees (270°) and running southeasterly bounding northeasterly on land of the state of Rhode Island three hundred and eighteen hundredths feet (300.18') to a corner;

thence turning an interior angle of sixty-three degrees, twenty-nine minutes and fifty-eight seconds (63° 29' 58") and running southwesterly bounding southeasterly on land of the state of Rhode Island two hundred fifteen and seventy-seven hundredths feet (215.77') to a corner;

thence turning an interior angle of two hundred sixty-nine degrees, fifty-nine minutes and thirty-five seconds (269° 59' 35") and running southerly bounding easterly on land of the state of Rhode Island fourteen hundred eighty one and twenty-six hundredths feet (1481.26') to a corner;

thence turning an interior angle of one hundred twenty-one degrees, twenty-four minutes and thirteen seconds (121° 24' 13") and running southwesterly bounding southeasterly on land now or formerly of Hanes H.W. Achterberg, in part, on land now or formerly of John McGannon, et.ux., in part, on Bicknell Avenue, in part, and on land now or formerly of Joseph A. and Ronnie J. Rossi, in part, in all two hundred fifty eight and no hundredths feet (258.00') to an angle;

thence turning an interior angle of one hundred fifty-five degrees, forty-seven minutes (155° 47') and running southwesterly bounding southeasterly on the Rossi land five and fifteen hundredths feet (5.15') to an angle;

thence turning an interior angle of one hundred thirty degrees, five minutes and thirty seconds (130° 05' 30") and running northwesterly bounding southwesterly on the Rossi land in part, and on land now or formerly of David A. Dann, et.ux., in part, seventy four and forty-nine hundredths feet (74.49') to an angle;

thence turning an interior angle of two hundred eighty-four degrees, fifty-one minutes and twenty-five seconds (284° 51' 25") and running southwesterly bounding southeasterly on the Dann land sixty nine and sixty-two hundredths feet (69.62') to an angle;

thence turning an interior angle of one hundred twenty-five degrees, three minutes and thirty-five seconds (125° 03' 35") and running westerly bounding southerly on land now or formerly of David A. Dann, et.ux. in part, on land now or formerly of James P. Coupe, et.ux. in part, on land now or formerly of Sumner L. Olstein, et.ux. in part, on land now or formerly of Thomas R. Silva, et.ux. in part, on land now or formerly of Joseph P. Andoscia, et.ux. in part, on land now or formerly of Richard W. Youngs, et.ux. in part, on land now or formerly of Albert W. Seguin, Jr. et.ux. in part, on Eilein Avenue, in part, on land now or formerly of Ettore Picerne in part, and on land now or formerly of Theresa Ciccolello in part, in all six hundred five and seventy-three hundredths feet (605.73') to a corner;

thence turning an interior angle of seventy-eight degrees, forty-three minutes and thirty seconds (78° 43' 30") and running northerly bounding westerly on land now or formerly of Hope Holdcamper one hundred eighty and no hundredths feet (180.00') to an angle;

thence turning an interior angle of two hundred thirty-three degrees, nine minutes and forty-three seconds (233° 09' 43") and running northwesterly bounding southwesterly on the Holdcamper land fifty nine and fifty-eight hundredths feet (59.58') to an angle;

thence turning an interior angle of two hundred fifty-six degrees, twenty-four minutes and fourteen seconds (256° 24' 14") and running southwesterly bounding southeasterly on the Holdcamper land in part and on land now or formerly of Hope F. Holdcamper in part, three hundred nineteen and twenty hundredths feet (319.20') to a cement bound;

thence turning an interior angle of one hundred three degrees, sixteen minutes and twenty-three seconds (103° 16' 23") and running northwesterly bounding southwesterly on the Hope F. Holdcamper land in part and on land now or formerly of Hope F. Kane Holdcamper in part, two hundred twenty nine and ninety-one hundredths feet (229.91') to a cement bound;

thence turning an interior angle of one hundred twenty-four degrees, four minutes and seventeen seconds (124° 04' 17") and running northerly bounding westerly on the Hope F. Kane Holdcamper land in part, on land now or formerly of Audrey M. Taylor in part, on land now or formerly of Charles B. Long, et.ux. in part, on land now or formerly of Kathrine M. Ehrmann in part, and on land now or formerly of William R. Cloxton, et.ux. in all four hundred five and fifty-two hundredths feet (405.52') to an angle;

thence turning an interior angle of one hundred eighty degrees, fifty-four minutes and fifty seconds (180° 54' 50") and running northerly bounding westerly on the Cloxton land, in part, in part on land now or formerly of Patrick S. McMahon, III, et.ux., in part on land now or formerly of Pasquale Del Padre, et.ux. and in part on land now or formerly of Eugene F. Hackett, et.ux., in all, three hundred thirty nine and seventy-four hundredths feet (339.74') to a cement bound;

thence turning an interior angle of two hundred eighty two degrees, fifty eight minutes and sixteen seconds (282° 58' 16") and running westerly bounding southerly on the Hackett land, in part, on land now or formerly of George H. Bell, Jr., et.ux. in part, on land now or formerly of Paul J. Supple, et.ux. in part, in all three hundred twenty three and eighty-nine hundredths feet (323.89') to a corner;

thence turning an interior angle of one hundred one degrees, thirty-nine minutes and twenty-four seconds (101° 39' 24") and running northerly bounding westerly on the Supple land in part, on land now or formerly of Thomas H. Broadfoot, et.ux. in part and on land now or formerly of the city of Cranston in part, in all two hundred ninety four and thirty-eight hundredths feet (294.38') to a stone bound;

thence turning an interior angle of two hundred fifty-one degrees, twenty minutes and fifty-one seconds (251° 20' 51") and running westerly bounding southerly on the city of Cranston land in part and on land now or formerly of northeast realty corp. in part four hundred ninety two and seventy-one hundredths feet (492.71') to a corner;

thence turning an interior angle of one hundred twenty-nine degrees, forty minutes and forty seconds (129° 40' 40") and running northwesterly bounding southwesterly on the northeast realty corp. land seventy four and fifty-five hundredths feet (74.55') to a Rhode Island highway bound and the point of beginning. The last course forming an interior angle of ninety degrees and no minutes (90° 00') with the first course. This parcel contains one hundred two and four thousand seven ten thousands, more or less, acres of land. DEL}

{DEL 37-19-6 Reconveyance, lease or sale of land acquired. DEL} {DEL (a)(1) Notwithstanding any general or public law to the contrary, particularly the other chapters of this title, the corporation is hereby authorized and empowered to lease, or convey any land or other real property or interest therein in whole or in part, in such manner and upon such terms and conditions as may in the judgment of the directors be most advantageous to the public interest, and convey the same by proper deed or instrument for such consideration as the board of directors shall establish, provided however, that the conveyance shall be for the purpose of industrial and commercial use by the grantee, his or her or its heirs or assigns.

(2) The consideration for the conveyance shall be not less than the fair market value of the parcel conveyed.

(b) Notwithstanding subsection (a) of this section or any general or public law to the contrary, particularly the other chapters of this title, the corporation is hereby authorized and shall convey any land or other real property or interest therein, as designated by the governor, in whole or in part to the state of Rhode Island for no consideration for use by the state for the purpose of providing correctional and forensic services.

(c) Notwithstanding subsection (a) of this section or any general or public law to the contrary, particularly the other chapters of this title, the corporation is hereby authorized and prior to June 30, 1990, shall convey any land or other real property or interest therein to the Rhode Island port authority and economic development corporation for no consideration. Upon the sale of properties previously held by the Howard development corporation, the Rhode Island port authority and economic development corporation shall transfer the proceeds from the sale of properties to the state's general fund. DEL}

{DEL 37-19-7 General powers. DEL} {DEL The corporation shall have the following powers, together with all powers incidental thereto or necessary for the performance of those hereinafter stated:

(1) To have perpetual succession as a body corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) To sue and be sued, plead and be impleaded;

(3) To adopt an official seal and alter the same at pleasure;

(4) To maintain an office at such place or places as it may designate;

(5) To lease to any person, firm, partnership, or corporation, either public or private, any or all of its parcels and to charge and collect rent therefor and to terminate any lease upon the failure of the lessee to comply with any of the obligations thereof;

(6) To sell, exchange, mortgage, donate, and convey any or all of its properties whenever it shall find any action to be in furtherance of the purposes for which the corporation was established;

(7) To grant options to purchase any of its projects on whatever terms it may deem advisable and to grant options to renew any leases entered into by it in connection with any of its parcels on any terms it may deem advisable;

(8) To borrow money and otherwise incur indebtedness for any of the purposes of the corporation and to issue its bonds, debentures, notes, or other evidence of indebtedness therefor, and to secure the same by mortgage, pledge, deed of trust, or other lien on its property, franchise, rights, and privileges of any kind and nature, or any part thereof (but obligations issued under the provisions of this chapter shall not constitute a debt, liability, or obligation of the state of Rhode Island or a pledge of the faith and credit of the state of Rhode Island but shall be payable solely from the revenues or assets of the corporation);

(9) To employ, in its discretion, attorneys, accountants, architectural, and engineering consultants, financial consultants, and such other employees, including an executive director, and agents as it shall deem necessary in its judgment and to fix their compensation;

(10) To utilize the services of other state agencies;

(11) To accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof or from the state or municipality or from any other source and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;

(12) To do any and all things, not in conflict with other provisions of this chapter, necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter;

(13) The Cranston redevelopment agency in addition to all its powers thereunto enabling is hereby expressly authorized and empowered to make loans from its revolving fund to the Howard development corporation. Loans shall be repaid without interest or other charges in accordance with subdivision (14) of this section.

(14) To accept any gifts or grants or loans or funds or real or other property or financial or other aid in any form from any federal, state, local, or other government or governmental agency or subdivision thereof. Loans or other advances of funds or other aid other than grants shall be repaid, without interest or other charges, from funds realized by the corporation from the sale, lease, or other disposal of land or other property or interests therein, after the operating expenses of the corporation are deducted. The amount of reimbursement of loans or other advances, and the time at which reimbursement is made, shall be determined by the corporation.

(15) The corporation, upon discharge of all its contractual obligations, including required reimbursement of loans and other advances, shall deposit its surplus funds with the general treasurer. DEL}

{DEL 37-19-8 Trust funds. DEL} {DEL All moneys received pursuant to the authority of this chapter, whether as revenues, receipts, or income, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. 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 for the purposes thereof, subject to the provisions of this chapter.DEL}

{DELDEL} {DELThe exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state, for the increase of their commerce, welfare, and prosperity, and for the improvement of their health and living conditions, and will constitute the performance of an essential governmental function and the corporation shall not be required to pay any taxes or assessments upon or in respect of any property or moneys of the corporation, levied by a municipality or political subdivision of the state, nor shall the corporation be required to pay state taxes of any kind, and the corporation, its property, and moneys and any bonds, notes, or other evidences of indebtedness issued under the provisions of this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the state and by the municipalities and all other political subdivisions of the state; provided, however, any person, partnership, corporation, or concern leasing a parcel of real estate from the corporation shall pay to the city, town, school district, or other political subdivision or special district having taxing powers, in which any real estate is located, a payment in lieu of taxes which shall equal the taxes on real and personal property which the lessee would have been required to pay, had it been the owner of the property during the period for which the payment is made and under no circumstances shall the corporation or its properties, or money, or bonds, notes, or other evidences of indebtedness be obligated, liable, or subject to lien of any kind for the enforcement, collection, or payment thereof.DEL}

{DEL 37-19-10 Annual report and audit. DEL} {DEL Within four (4) months after the close of each fiscal year of the corporation, it shall make a report to the governor of its activities for the preceding fiscal year and the report shall set forth a complete operating and financial statement covering the corporation's operations during the preceding fiscal year. The corporation shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants and the cost thereof shall be paid by the corporation from funds available to it pursuant to this chapter. DEL}

{DEL 37-19-11 Termination of Howard development corporation. DEL} {DEL The Howard development corporation is hereby abolished and the assets of the corporation other than its real property or any interest therein shall be transferred to the state's general fund prior to June 30, 1990. DEL}

SECTION 167. Section 38-1-1 of the General Laws in Chapter 38-1 entitled "Custody and Protection" is hereby amended to read as follows:

38-1-1 Delivery of records on leaving public office. Every person who shall hold a public office shall, upon leaving the {DEL same DEL} {ADD office ADD}, deliver to his or her successor in office, or, if there is no successor, to the director of the department of administration, all records, books, writings, letters, and documents, kept or received by him or her in the transaction of his or her official business, and all moneys in his or her hands which he or she shall have received as trust funds from any person or otherwise in the course of his or her official business; and every person who shall, without just cause, refuse or neglect for the space of ten (10) days after request made in writing by any citizen of the state, to deliver as herein required those records, books, writings, letters, or documents, or to pay over those moneys, to the person authorized to receive the {DEL same DEL} {ADD requested items ADD}, shall be fined not exceeding five hundred dollars ($ 500) and be imprisoned not exceeding five (5) years.

SECTION 168. Section 38-2-3 of the General Laws in Chapter 38-2 entitled "Public Records" is hereby amended to read as follows:

38-2-3 Right to inspect and copy records --Duty to maintain minutes of meetings --Procedures for access. (a) Except as provided in section 38-2-2(d), all records maintained or kept on file by any public body, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect and/or copy such records at such reasonable time as may be determined by the custodian thereof.

(b) Each public body shall make, keep, and maintain written or recorded minutes of all meetings.

(c) Each public body shall establish procedures regarding access to public records.

(d) If a public record is in active use or in storage and, therefore, not available at the time a person requests access, the custodian shall so inform the person and make an appointment for the citizen to examine such records as expeditiously as they may be made available.

(e) Any public body which maintains its records in a computer storage system shall provide a printout of any data properly identified.

(f) Nothing {DEL herein DEL} {ADD in this section ADD} shall be construed as requiring a public body to reorganize, consolidate, or compile data not maintained by the public body in the form requested at the time the request to inspect the public records was made.

SECTION 169. Sections 10-9-4 and 10-9-5 of the general laws in chapter 10-9 entitled "Courts and Civil Procedure" are hereby amended to read as follows:

10-9-4 Issuance of writ --Forms. {ADD (a) ADD}The court or justice to whom such complaint shall be made shall, without delay, award and issue a writ of habeas corpus; if against any sheriff or deputy sheriff of this state, or against the warden of any correctional institution in this state, or against any marshal or deputy marshal of the United States, it shall be substantially in the following form:

The State of Rhode Island and Providence Plantations.

SC.

(SEAL): To Greeting:

We command you, that the body of of , in your custody (or, by you imprisoned or restrained of his liberty, as the case may be), as it is said, together with the day and cause of his taking and detaining by whatsoever name the said shall be called or charged, you have before our supreme (or superior as the case may be) court, holden at immediately after the receipt of this writ, to do and receive what our said court shall then and there consider concerning him in this behalf, and have there this writ.

Witness, the seal of the court at this day of , in the year .

Or, witness my hand this day of in the year .

Justice of the court.

And if not against such officer {ADD as described in subsection (a ), ADD} it shall be substantially in the following form:

The State of Rhode Island and Providence Plantations.

SC.

To the sheriffs of our several counties and their deputies,

(SEAL) Greeting:

We command you, that the body of of by of imprisoned or restrained of his liberty, as it is said, you take and have before our supreme (or superior, as the case may be) court, holden at immediately after the receipt of this writ, to do and receive whatever the court shall then consider concerning him in this behalf, and summon the said then and there to appear before our said court to show the cause of the taking and detaining of the said and have you there this writ with your doings thereon.

Witness, the seal of the court at this day of in the year .

, Clerk.

Or, witness my hand this day of in the year .

Justice of the court.

10-9-5 Court to which writ returnable. Any justice issuing {DEL such DEL} {ADD a ADD} writ {ADD under this chapter ADD} shall make the {DEL same DEL} {ADD writ ADD} returnable to the court of which he is a justice.

SECTION 170. Section 10-5- 24 of the general laws in Chapter 10-5 entitled "Attachment" is hereby amended to read as follows:

10-5-24 Release of stock or trust estate by plaintiff. In case the writ shall have been returned to the court to which it is made returnable, and duly entered {DEL therein DEL} {ADD in the court ADD}, or in case the officer who served the writ shall,from any cause, be unable to accept such bond and release the shares or personal estate in the hands or possession of such trustee from the attachment, then the bond given to release the attachment shall be delivered to the plaintiff, or his attorney named on said writ, the bond running to the plaintiff, and with surety to the satisfaction of the plaintiff or {DEL such DEL} {ADD the plaintiff's ADD} attorney; and upon the acceptance of such bond by {DEL said DEL} {ADD the ADD}plaintiff or {DEL such DEL} {ADD the plaintiff's ADD} attorney, {DEL said DEL} {ADD the ADD}plaintiff or his attorney shall {DEL thereupon DEL} {ADD upon receipt of the bond ADD} give to {DEL said DEL} {ADD the ADD}defendant a certificate, signed by {DEL such DEL} {ADD the ADD} plaintiff or his attorney, that he has accepted said bond and released said shares or personal estate from attachment. In the case of the refusal of {DEL said DEL} {ADD the ADD} plaintiff or his attorney to act upon said bond or to receive a proper bond and give such certification, {DEL said DEL} {ADD the ADD} defendant may petition the court to which the writ is returnable, or if appellate proceedings have been taken may petition the court to which such proceedings have been taken, to accept a bond running to the plaintiff and satisfactory to the court and release {DEL said DEL} {ADD the ADD}shares or personal estate from attachment.

SECTION 171. Section 23-28.6-15 of the General Laws in Chapter 23-28.6 entitled "Places of Assembly" is hereby amended to read as follows:

23-28.6-15 Decorative and acoustical material to be flame resistant. (a) All combustible decorative and acoustical material including curtains, but not including floor coverings shall be rendered and maintained flame resistant in accordance with subsection (d). This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed directly to the wall or ceiling, which meet the requirements of subsection (e). Furnishings or decorations of an explosive or highly flammable character shall not be used.

(b) No decorative material shall be in direct contact with electrical wiring or equipment of any kind, or lighted by candle or open flame or by other than indirect electrical lighting except as provided in subsection (c).

(c) Electric Christmas or holiday lights may be used only on trees, garlands, or wreaths that are artificial, made of nonmetallic material, and are labeled flame resistant by the manufacturer and are UL or FM approved. The labels stating the UL or FM approval or flame resistancy of the artificial decorations shall not be removed from them. All the lights and power supplies for the lights shall meet the following requirements:

(1) The electric lights that are to be used on the decorations shall be the low heat and low voltage type, and must be UL or FM approved. The electric cords supplying these lights must be UL or FM approved. The labels stating the UL or FM approvals shall not be removed from the lights or cords to be used.

(2) In-line fuses shall be provided for light sets.

(3) The circuit providing power directly to or by electric cord to the light set(s) must be properly grounded and rated at not more than fifteen (15) amps.

(4) Electric cords supplying the light sets shall be the grounded type and shall be of not less than fourteen (14) ga. wire.

(5) No electric wiring, lights or equipment shall be used on any natural tree, garland, or wreath of any kind.

(6) It shall be the responsibility of the management of the establishment to be sure that the lights are properly installed, and that the supply wires are not placed in such manner as to create an electrical or fire hazard, or to be an obstruction to occupants exiting the building.

(7) The management will be responsible for the care and condition of any lights and equipment to be used. Any repairs other than changing the bulbs is prohibited. Defective light sets and cords will be discarded.

(d)(1) All approvals of decorative materials shall be limited to one year. The owner or the owner's authorized agent shall file an affidavit with the enforcing officer certifying to the following:

(A) The product used will render the decorative material flame resistant in accordance with N.F.P.A. Standard 701, 1989 edition.

(B) That the product used was applied in accordance with the manufacturer's specifications.

(C) State the date of treatment and warranty period.

(2) When a doubt exists as to the fire retardant quality or the permanency of treatment, material shall be subject to the field check test {ADD as ADD} {DEL herein DEL} provided {ADD in subsection (d) (3 ADD}).

(3) Match Flame Test:

(A) Samples, in dry condition, are to be selected for tests and are to be a minimum of one and one-half inches (1 1/2") wide and four inches (4") long. The fire exposure shall be the flame from a common wood kitchen match (approximate length 2 7/16 inches; approximate weight twenty-nine (29) grams per hundred), applied for twelve (12) seconds.

(B) The test shall be performed in a draft-free and safe location. The sample shall be suspended (preferably held with a spring clip, tongs, or some similar device) with the long axis vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half inch ( 1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to be removed gently away from the sample.

(C) During the exposure, flaming shall not spread over the complete length of the sample or in excess of four inches (4") from the bottom of the sample (for larger size samples). There shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming particles shall be rejected if the materials continue to burn after they reach the floor.

(e) Interior finish in all places of assembly shall be as regulated or modified by the provisions of the description of interior finish in section 23-28.1-5 and shall not exceed the following classifications for the locations indicated:

(1) In all means of egress Class A.

(2) In all other rooms or spaces Class C.

(f ) Floor coverings must conform to the requirements of the next class lower than the classifications above, but in no instance should they be less than Class C except that in sprinklered buildings all floor coverings may be Class C throughout.

IN ADDITION: All floor covering referred to in N.F.P.A. Standard 253, 1984 edition and described as Class I and Class II in N.F.P.A. Standard 101, 1988 edition may be used on all floors where combustible floor coverings are allowed.

SECTION 172. Section 8-8.1-1 of the General Laws in Chapter 8-8.1 entitled "Domestic Assault" is hereby amended to read as follows:

8-8.1-1 Definitions. The following words as used in this chapter shall have the following meanings:

"Domestic abuse": The occurrence of one or more of the following acts between cohabitants or against the minor child of a cohabitant, or the occurrence of one or more of the following acts between persons who are or have been in a substantive dating or engagement relationship within the past six (6) months {ADD ; "domestic abuse" ADD} {DEL which DEL} shall be determined by the court's consideration of the following factors:

{DEL (1) DEL} {ADD i ADD} DEL}The length of time of the relationship;

{DEL (2) DEL} {ADD ii ADD}The type of the relationship;

{DEL (3) DEL} {ADD iii ADD}The frequency of the interaction between the parties.

{DEL (a) DEL} {ADD iv ADD} {DEL a DEL} {ADD A ADD}ttempting to cause or causing physical harm;

{DEL (b) DEL} {ADD v ADD} {DEL p DEL} {ADD P ADD}lacing another in fear of imminent serious physical harm;

{DEL (c) DEL} {ADD vi ADD} {DEL c DEL} {ADD C ADD}ausing another to engage involuntarily in sexual relations by force, threat of force, or duress.

"Courts": The district court.

"Cohabitants": Emancipated minors or persons eighteen (18) years of age or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who have resided together within the preceding three (3) years or who are residing in the same living quarters.

"Sole legal interest": Defendant has an ownership interest in the residence and plaintiff does not; or defendant's name is on the lease and plaintiff's is not.

SECTION 173. This section and sections 3 through 172 shall take effect upon passage; sections 1 and 2 shall take effect on December 31, 1997.



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