H7105A

	2010 -- H 7105 SUBSTITUTE A AS AMENDED
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	LC00205/SUB A
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	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2010

	____________


	A N A C T
	MAKING REVISED APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE
	FISCAL YEAR ENDING JUNE 30, 2010


	Introduced By: Representative Robert A. Watson

	Date Introduced: January 13, 2010

	Referred To: House Finance




	It is enacted by the General Assembly as follows:

1-1	ARTICLE 1 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF
1-2	FY 2010
1-3	ARTICLE 2 RELATING TO MOTOR VEHICLE REIMBURSEMENTS
1-4	ARTICLE 3 RELATING TO BUDGET RESERVE FUND
1-5	ARTICLE 4 RELATING TO DIVISION OF FEES AND FINES
1-6	ARTICLE 5 RELATING TO MENTAL HEALTH LAW
1-7	ARTICLE 6 RELATING TO WIC PROGRAM
1-8	ARTICLE 7 RELATING TO ECONOMIC DEVELOPMENT
1-9	ARTICLE 8 RELATING TO STATEWIDE FUGITIVE TASK FORCE
1-10	ARTICLE 9 RELATING TO EDUCATION AID
1-11	ARTICLE 10 RELATING TO RESTRICTED RECEIPT ACCOUNTS
1-12	ARTICLE 11 RELATING TO TELECOMMUNICATIONS EDUCATION ACCESS FUND
1-13	AND TDD
1-14	ARTICLE 12 RELATING TO MEDICAL MALPRACTICE
1-15	ARTICLE 13 RELATING TO AUTHORIZING THE FIRST AMENDMENTS TO THE
1-16	MASTER VIDEO LOTTERY TERMINAL CONTRACTS
1-17	ARTICLE 14 RELATING TO SUPPLEMENTAL SECURITY INCOME PAYMENTS
1-18	ARTICLE 15 RELATING TO TREATMENT ALTERNATIVES TO STREET CRIME
2-1	ARTICLE 16 RELATING TO PENSION REFORM
2-2	ARTICLE 17 RELATING TO RHODE ISLAND RESOURCE RECOVERY CORPORATION
2-3	ARTICLE 18 RELATING TO STATEWIDE PURCHASING SYSTEM AND PROGRAMS
2-4	FOR PUBLIC SCHOOLS
2-5	ARTICLE 19 RELATING TO MEDICAID REFORM ACT
2-6	ARTICLE 20 RELATING TO MEDICAL ASSISTANCE
2-7	ARTICLE 21 RELATING TO TOWNS AND CITIES – GENERAL POWERS
2-8	ARTICLE 22 RELATING TO EFFECTIVE DATE
2-9
3-1	ARTICLE 1
3-2	RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2010
3-3	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
3-4	in this article, the following general revenue amounts are hereby appropriated out of any money
3-5	in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
3-6	2010. The amounts identified for federal funds and restricted receipts shall be made available
3-7	pursuant to Section 35-4-22 and Chapter 42-41 of the Rhode Island General Laws. For the
3-8	purposes and functions hereinafter mentioned, the state controller is hereby authorized and
3-9	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
3-10	portions thereof as may be required from time to time upon receipt by him or her of properly
3-11	authenticated vouchers.
3-12	FY 2010 FY 2010 FY 2010
3-13	Enacted Change Final
3-14	Administration
3-15	Central Management
3-16	General Revenues 1,653,123 (338,266) 1,314,857
3-17	Federal Funds 41,246 (41,246) 0
3-18	Total - Central Management 1,694,369 (379,512) 1,314,857
3-19	Legal Services
3-20	General Revenue 1,088,274 465,775 1,554,049
3-21	Other Funds
3-22	Legal Support/DOT 25,595 12,919 38,514
3-23	Total - Legal Services 1,113,869 478,694 1,592,563
3-24	Accounts and Control
3-25	General Revenues 3,814,166 (202,311) 3,611,855
3-26	Stimulus - Accounts and Control 140,000 (140,000) 0
3-27	Total – Accounts and Control 3,954,166 (342,311) 3,611,855
3-28	Budgeting General Revenues 2,003,345 (251,136) 1,752,209
3-29	Purchasing
3-30	General Revenues 2,050,754 53,800 2,104,554
3-31	Federal Funds 0 37,717 37,717
3-32	Stimulus - Purchasing 570,000 (570,000) 0
3-33	Restricted Receipts 0 88,740 88,740
3-34	Total – Purchasing 2,620,754 (389,743) 2,231,011
4-1	Auditing
4-2	General Revenues 1,465,588 (233,367) 1,232,221
4-3	Stimulus - Auditing 70,000 (70,000) 0
4-4	Restricted Receipts 0 91,144 91,144
4-5	Total – Auditing 1,535,588 (212,223) 1,323,365
4-6	Human Resources
4-7	General Revenues 9,872,296 (1,611,653) 8,260,643
4-8	Federal Funds 726,665 (135,772) 590,893
4-9	Restricted Receipts 437,675 (81,055) 356,620
4-10	Other Funds 1,379,919 (44,371) 1,335,548
4-11	Total - Human Resources 12,416,555 (1,872,851) 10,543,704
4-12	Personnel Appeal Board General Revenues 84,090 (3,027) 81,063
4-13	Facilities Management
4-14	General Revenues 37,680,174 (5,730,949) 31,949,225
4-15	Federal Funds 1,214,588 (308,933) 905,655
4-16	Restricted Receipts 1,038,271 (147,831) 890,440
4-17	Other Funds 4,443,003 (295,423) 4,147,580
4-18	Total – Facilities Management 44,376,036 (6,483,136) 37,892,900
4-19	Capital Projects and Property Management
4-20	General Revenues 2,613,613 816 2,614,429
4-21	Stimulus - Capital Projects 80,000 45,625 125,625
4-22	Restricted Receipts 1,113,397 (105,417) 1,007,980
4-23	Total – Capital Projects and Property Mgmt 3,807,010 (58,976) 3,748,034
4-24	Information Technology
4-25	General Revenues 18,637,302 (253,851) 18,383,451
4-26	Federal Funds 6,458,209 (1,363,091) 5,095,118
4-27	Stimulus - Information Technology 390,000 (242,386) 147,614
4-28	Restricted Receipts 985,163 (119,760) 865,403
4-29	Other Funds 1,698,714 (26,970) 1,671,744
4-30	Total – Information Technology 28,169,388 (2,006,058) 26,163,330
4-31	Library and Information Services
4-32	General Revenues 884,607 (51,224) 833,383
4-33	Federal Funds 1,025,116 254,137 1,279,253
4-34	Restricted Receipts 6,000 (3,000) 3,000
5-1	Total - Library and Information Services 1,915,723 199,913 2,115,636
5-2	Planning
5-3	General Revenues 3,466,719 (151,153) 3,315,566
5-4	Federal Funds 14,196,840 (4,634,946) 9,561,894
5-5	Stimulus - Planning 3,681,730 (997,172) 2,684,558
5-6	Other Funds
5-7	Federal Highway - PL Systems Planning 2,002,192 706,822 2,709,014
5-8	Air Quality Modeling 10,000 0 10,000
5-9	Total - Planning 23,357,481 (5,076,449) 18,281,032
5-10	General
5-11	General Revenues
5-12	Economic Development Corporation 5,500,807 (82,435) 5,418,372
5-13	EDC – RI Airport Corporation Impact Aid 1,025,000 0 1,025,000
5-14	Sixty percent (60%) of the first $1,000,000 appropriated funds shall be distributed to each
5-15	airport serving more than 1,000,000 passengers based upon its percentage of the total passengers
5-16	served by all airports serving more than 1,000,000 passengers. Forty percent (40%) of the first
5-17	$1,000,000 shall be distributed to North Central Airport, Newport-Middletown Airport, Block
5-18	Island Airport, Quonset Airport, TF Green Airport, and Westerly Airport based on the share of
5-19	landings during the calendar year ~~2006~~ 2009, respectively. No airport shall receive less than
5-20	$25,000. Each airport receiving any portion of the amount appropriated shall make an impact
5-21	payment to the towns or cities in which the airport is located in the full amounts received from the
5-22	Corporation within thirty (30) days of the payment from the Corporation.
5-23	Each community upon which any parts of the above airports are located shall receive at
5-24	least $25,000.
5-25	EDC – EPScore (Research Alliance) 1,500,000 0 1,500,000
5-26	Miscellaneous Grants 395,956 0 395,956
5-27	Slater Centers of Excellence 2,000,000 0 2,000,000
5-28	Torts – Courts 400,000 400,000 800,000
5-29	Transfer to RICAP 22,000,000 (22,000,000) 0
5-30	State Employees/Teachers Retiree Health Subsidy 2,344,502 0 2,344,502
5-31	Motor Vehicle Excise Tax Payment 135,306,888 (18,168,861) 117,138,027
5-32	Property Valuation 1,843,500 0 1,843,500
5-33	Payment in Lieu of Tax Exempt Properties 27,580,409 0 27,580,409
5-34	Distressed Communities Relief Program 10,384,458 0 10,384,458
6-1	Station Fire 10,000,000 (10,000,000) 0
6-2	Resource Sharing and State Library Aid 8,773,398 0 8,773,398
6-3	Library Construction Aid 2,844,547 (105,059) 2,739,488
6-4	Restricted Receipts 1,378,997 0 1,378,997
6-5	Rhode Island Capital Plan Funds
6-6	Statehouse Renovations 2,500,000 (500,000) 2,000,000
6-7	Lead Mitigation Group Homes 85,338 (85,338) 0
6-8	Cranston Street Armory 300,000 (250,000) 50,000
6-9	Cannon Building 275,000 285,000 560,000
6-10	Pastore Center Rehab. DOA 800,000 (300,000) 500,000
6-11	Zambarano Building Rehabilitation 900,000 691,462 1,591,462
6-12	Old State House 250,000 (200,000) 50,000
6-13	State Office Building 1,350,000 (500,000) 850,000
6-14	Old Colony House 270,000 75,000 345,000
6-15	Neighborhood Opportunities Program 2,500,000 0 2,500,000
6-16	William Powers Building 500,000 700,000 1,200,000
6-17	Fire Code Compliance State Buildings 400,000 444,348 844,348
6-18	Pastore Center Fire Code Compliance 550,000 226,299 776,299
6-19	Pastore Center Water Tanks 415,000 (197,392) 217,608
6-20	Ladd Center Water System 350,000 50,000 400,000
6-21	Pastore Center Power Plant 1,000,000 (893,398) 106,602
6-22	Replacement of Fueling Tanks 725,000 85,000 810,000
6-23	Environmental Compliance 250,000 0 250,000
6-24	Pastore Utilities Upgrade 1,500,000 (700,000) 800,000
6-25	Pastore Center Building Demolition 200,000 (200,000) 0
6-26	Veterans Memorial Auditorium 0 1,000,000 1,000,000
6-27	McCoy Stadium 407,500 592,500 1,000,000
6-28	Washington County Government Center 75,000 178,000 253,000
6-29	Hazard Building Renovations 650,000 300,532 950,532
6-30	DoIT Computer Center 3,968,224 988,057 4,956,281
6-31	Forand Building Exterior Shell 0 201,972 201,972
6-32	Chapin Health Laboratory 0 100,000 100,000
6-33	Total – General 253,499,524 (47,864,313) 205,635,211
6-34	Debt Service Payments
7-1	General Revenues 157,553,100 (8,127,754) 149,425,346
7-2	Federal Funds 809,471 0 809,471
7-3	Restricted Receipts 6,309,696 934,726 7,244,422
7-4	Other Funds
7-5	RIPTA Debt Service 826,370 (1,573) 824,797
7-6	Transportation Debt Service 41,350,022 (1,015,585) 40,334,437
7-7	RIRBA - DLT – Temporary Disability Insurance 45,586 0 45,586
7-8	Investment Receipts – Bond Funds 100,000 0 100,000
7-9	COPS - DLT Building – TDI 279,166 0 279,166
7-10	Total - Debt Service Payments 207,273,411 (8,210,186) 199,063,225
7-11	Energy Resources
7-12	Federal Funds 41,107,828 12,444,521 53,552,349
7-13	Federal Funds – Stimulus 6,800,000 12,398,777 19,198,777
7-14	Restricted Receipts
7-15	American Electric Power – Weatherization 0 240,000 240,000
7-16	Overcharge Interest Earnings 222,040 (40) 222,000
7-17	Energy Efficiency and Resources Mgmt. Council 58,801 (14,107) 44,694
7-18	Regional Greenhouse Gas Initiative 4,900,000 6,494,889 11,394,889
7-19	Renewable Energy Fund Administration 123,804 (111,680) 12,124
7-20	Demand Side Management Grants 2,026,726 1,783,274 3,810,000
7-21	Total – Energy Resources 55,239,199 33,235,634 88,474,833
7-22	Pension Changes
7-23	General Revenues
7-24	Pension Reform 5,474,761 (5,474,761) 0
7-25	~~Pension Reform FY 2010 0 (12,492,283) (12,492,283)~~
7-26	Pension Reform FY 2010 0 (3,305,995) (3,305,995)
7-27	Federal Funds
7-28	Pension Reform 2,862,204 (2,862,204) 0
7-29	~~Pension Reform FY 2010 0 (5,291,189) (5,291,189)~~
7-30	Pension Reform FY 2010 0 (1,281,809) (1,281,809)
7-31	Restricted Receipts
7-32	Pension Reform 337,944 (337,944) 0
7-33	~~Pension Reform FY 2010 0 (1,128,691) (1,128,691)~~
7-34	Pension Reform FY 2010 0 (345,630) (345,630)
8-1	Other Funds
8-2	Pension Reform 769,799 (769,799) 0
8-3	~~Pension Reform FY 2010 0 (2,337,343) (2,337,343)~~
8-4	Pension Reform FY 2010 0 (566,229) (566,229)
8-5	~~Total – Pension Changes 9,444,708 (30,694,214) (21,249,506)~~
8-6	Total – Pension Changes 9,444,708 (14,944,371) (5,499,664)
8-7	Operational Savings General Revenues (67,881,345) 67,881,345 0
8-8	Sheriffs General Revenues 17,240,788 (2,081,846) 15,158,942
8-9	~~Grand Total – Administration 601,864,659 (4,130,395) 597,734,264~~
8-10	Grand Total – Administration 601,864,659 11,619,448 613,484,107
8-11	Business Regulation
8-12	Central Management General Revenues 1,084,422 99,673 1,184,095
8-13	Banking Division
8-14	General Revenues 1,749,677 (231,021) 1,518,656
8-15	Restricted Receipts 125,000 0 125,000
8-16	Total - Banking Division 1,874,677 (231,021) 1,643,656
8-17	Securities Division
8-18	General Revenues 823,110 (106,889) 716,221
8-19	Restricted Receipts 15,000 0 15,000
8-20	Total - Securities Division 838,110 (106,889) 731,221
8-21	Commercial Licensing, Racing & Athletics
8-22	General Revenues 795,557 (14,226) 781,331
8-23	Restricted Receipts 449,196 (2,014) 447,182
8-24	Total - Commercial Licensing, Racing
8-25	& Athletics 1,244,753 (16,240) 1,228,513
8-26	Insurance Regulation
8-27	General Revenues 4,645,367 (655,727) 3,989,640
8-28	Restricted Receipts 1,165,615 (18,899) 1,146,716
8-29	Total - Insurance Regulation 5,810,982 (674,626) 5,136,356
8-30	Board of Accountancy General Revenues 164,526 (7,072) 157,454
8-31	Board for Design Professionals General Revenues 314,575 (13,090) 301,485
8-32	Grand Total - Business Regulation 11,332,045 (949,265) 10,382,780
8-33	Labor and Training
8-34	Central Management
9-1	General Revenues 310,311 (239,349) 70,962
9-2	Restricted Receipts 832,687 (260,997) 571,690
9-3	Rhode Island Capital Plan Funds
9-4	Center General Roof 793,001 (745,543) 47,458
9-5	Total - Central Management 1,935,999 (1,245,889) 690,110
9-6	Workforce Development Services
9-7	General Revenues 95,409 (17,962) 77,447
9-8	Federal Funds 18,189,313 11,083,009 29,272,322
9-9	Federal Funds – Stimulus 12,836,684 (124,837) 12,711,847
9-10	Restricted Receipts 11,793,736 (1,612,468) 10,181,268
9-11	Other Funds 0 100,000 100,000
9-12	Total - Workforce Development Services 42,915,142 9,427,742 52,342,884
9-13	Workforce Regulation and Safety General Revenues 2,254,033 (202,737) 2,051,296
9-14	Income Support
9-15	General Revenues 3,581,636 302,035 3,883,671
9-16	Federal Funds 19,170,615 1,958,817 21,129,432
9-17	Federal Funds – Stimulus 1,520,000 150,683 1,670,683
9-18	Federal Funds - Stimulus - UI 162,650,000 128,790,000 291,440,000
9-19	Restricted Receipts 1,301,331 368,595 1,669,926
9-20	Other Funds
9-21	Temporary Disability Insurance Fund 182,191,509 (19,368,876) 162,822,633
9-22	Employment Security Fund 500,700,000 71,312,920 572,012,920
9-23	Total - Income Support 871,115,091 183,514,174 1,054,629,265
9-24	Injured Workers Services Restricted Receipts 11,387,196 (1,791,410) 9,595,786
9-25	Labor Relations Board General Revenues 426,605 (50,178) 376,427
9-26	Grand Total - Labor and Training 930,034,066 189,651,702 1,119,685,768
9-27	Department of Revenue
9-28	Director of Revenue General Revenues 562,988 (177,246) 385,742
9-29	Office of Revenue Analysis General Revenues 598,055 (193,675) 404,380
9-30	Lottery Division Lottery Funds 187,710,749 3,773,181 191,483,930
9-31	Municipal Finance General Revenues 1,173,544 (93,448) 1,080,096
9-32	Taxation
9-33	General Revenues 17,028,276 (1,772,534) 15,255,742
9-34	Federal Funds 1,292,658 (178,250) 1,114,408
10-1	Federal Funds-Stimulus 0 16,258 16,258
10-2	Restricted Receipts 830,192 (105,340) 724,852
10-3	Other Funds
10-4	Motor Fuel Tax Evasion 105,149 (23,064) 82,085
10-5	Temporary Disability Insurance 948,004 (128,182) 819,822
10-6	Total – Taxation 20,204,279 (2,191,112) 18,013,167
10-7	Registry of Motor Vehicles
10-8	General Revenues 16,828,201 (271,874) 16,556,327
10-9	Federal Funds 1,312,271 (23,797) 1,288,474
10-10	Restricted Receipts 15,100 4,350,000 4,365,100
10-11	Rhode Island Capital Plan Funds-Registry 11,400,000 (12,320) 11,387,680
10-12	Total – Registry of Motor Vehicles 29,555,572 4,042,009 33,597,581
10-13	Grand Total – Revenue 239,805,187 5,159,709 244,964,896
10-14	Legislature
10-15	General Revenues 35,874,012 (1,842,847) 34,031,165
10-16	Restricted Receipts 1,556,712 (53,681) 1,503,031
10-17	Grand Total – Legislature 37,430,724 (1,896,528) 35,534,196
10-18	Lieutenant Governor General Revenues 973,262 (93,773) 879,489
10-19	State
10-20	Administration General Revenues 1,904,137 (62,473) 1,841,664
10-21	Corporations General Revenues 1,782,133 (32,160) 1,749,973
10-22	State Archives
10-23	General Revenues 80,084 0 80,084
10-24	Restricted Receipts 474,338 22,587 496,925
10-25	Total - State Archives 554,422 22,587 577,009
10-26	Elections & Civics
10-27	General Revenues 878,262 (168,876) 709,386
10-28	Federal Funds 500,000 (91,600) 408,400
10-29	Total – Elections and Civics 1,378,262 (260,476) 1,117,786
10-30	State Library General Revenues 575,937 (22,242) 553,695
10-31	Office of Public Information General Revenues 300,688 216 300,904
10-32	Grand Total – State 6,495,579 (354,548) 6,141,031
10-33	General Treasurer
10-34	Treasury
11-1	General Revenues 2,367,841 (273,227) 2,094,614
11-2	Federal Funds 249,523 4,516 254,039
11-3	Other Funds
11-4	Temporary Disability Insurance Fund 202,290 11,884 214,174
11-5	Total – Treasury 2,819,654 (256,827) 2,562,827
11-6	State Retirement System
11-7	Restricted Receipts
11-8	Admin Expenses - State Retirement System 9,097,737 238,042 9,335,779
11-9	Retirement - Treasury Investment Operations 1,109,132 4,041 1,113,173
11-10	Total - State Retirement System 10,206,869 242,083 10,448,952
11-11	Unclaimed Property Restricted Receipts 15,051,045 1,181,101 16,232,146
11-12	RI Refunding Bond Authority General Revenues 41,641 (9,159) 32,482
11-13	Crime Victim Compensation Program
11-14	General Revenues 90,817 (2,230) 88,587
11-15	Federal Funds 858,017 (21,076) 836,941
11-16	Federal Funds - Stimulus 186,000 (375) 185,625
11-17	Restricted Receipts 1,482,589 20,628 1,503,217
11-18	Total - Crime Victim Compensation Program 2,617,423 (3,053) 2,614,370
11-19	Grand Total – General Treasurer 30,736,632 1,154,145 31,890,777
11-20	Board of Elections
11-21	General Revenues 1,600,141 (438,545) 1,161,596
11-22	Federal Funds 250,000 (29,419) 220,581
11-23	Grand Total - Board of Elections 1,850,141 (467,964) 1,382,177
11-24	Rhode Island Ethics Commission General Revenues 1,437,730 (20,898) 1,416,832
11-25	Office of Governor
11-26	General Revenues 4,856,754 (418,313) 4,438,441
11-27	Contingency Fund 250,000 (226,000) 24,000
11-28	From the appropriation for contingency shall be paid such sums as may be required at the
11-29	discretion of the Governor to fund expenses for which appropriations may not exist. Such
11-30	contingency funds may also be used for expenditures in departments and agencies where
11-31	appropriations are insufficient, or where such requirements are due to unforeseen conditions or
11-32	are non-recurring items of an unusual nature. Said appropriation may also be used for the
11-33	payment of bills incurred due to emergencies or to any offense against public peace and property,
11-34	in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as amended.
12-1	All expenditures and transfers from this account shall be approved by the Governor.
12-2	Federal Stimulus - OERR 630,630 (630,630) 0
12-3	Restricted Receipts - OERR 0 1,257,414 1,257,414
12-4	Grand Total – Office of Governor 5,737,384 (17,529) 5,719,855
12-5	Commission for Human Rights
12-6	General Revenues 1,016,242 (54,368) 961,874
12-7	Federal Funds 408,505 (95,286) 313,219
12-8	Grand Total - Commission for Human Rights 1,424,747 (149,654) 1,275,093
12-9	Public Utilities Commission
12-10	Federal Funds 103,600 (7,070) 96,530
12-11	Federal Funds-Stimulus 0 107,334 107,334
12-12	Restricted Receipts 7,308,931 (190,764) 7,118,167
12-13	Grand Total - Public Utilities Commission 7,412,531 (90,500) 7,322,031
12-14	Rhode Island Commission on Women
12-15	General Revenues 109,462 (9,504) 99,958
12-16	Office of Health and Human Services
12-17	General Revenues 3,621,896 (348,068) 3,273,828
12-18	Federal Funds 4,484,003 (630,584) 3,853,419
12-19	Restricted Receipts 1,284,790 (424,144) 860,646
12-20	Grand Total – Health and Human Services 9,390,689 (1,402,796) 7,987,893
12-21	Children, Youth, and Families
12-22	Central Management
12-23	General Revenues 5,077,434 (1,046,221) 4,031,213
12-24	Federal Funds 2,274,715 (460,577) 1,814,138
12-25	Restricted Receipts 0 507,014 507,014
12-26	Total - Central Management 7,352,149 (999,784) 6,352,365
12-27	Children's Behavioral Health Services
12-28	General Revenues 10,687,390 807,364 11,494,754
12-29	Federal Funds 9,494,176 3,937,083 13,431,259
12-30	Federal Funds – Stimulus 758,871 379,138 1,138,009
12-31	Rhode Island Capital Plan Funds
12-32	Groden Center Mt. Hope 50,000 (33,545) 16,455
12-33	NAFI Center 584,224 (584,224) 0
12-34	Groden Center Cowesett 0 62,000 62,000
13-1	Total - Children's Behavioral Health Services 21,574,661 4,567,816 26,142,477
13-2	Juvenile Correctional Services
13-3	General Revenues 34,117,789 (3,226,398) 30,891,391
13-4	Federal Funds 1,706,512 643,240 2,349,752
13-5	Federal Funds – Stimulus 310,257 221,785 532,042
13-6	Restricted Receipts 23,059 (23,059) 0
13-7	Rhode Island Capital Plan Funds
13-8	Training School-Girls’ Facility (Adolph Meyer) 0 100,000 100,000
13-9	Total - Juvenile Correctional Services 36,157,617 (2,284,432) 33,873,185
13-10	Child Welfare
13-11	General Revenues 99,526,633 (2,659,273) 96,867,360
13-12	18 to 21 Year Olds 9,213,181 (110,997) 9,102,184
13-13	Federal Funds
13-14	Federal Funds 60,445,770 (5,372,965) 55,072,805
13-15	18 to 21 Year Olds 3,095,672 1,088,925 4,184,597
13-16	Federal Funds – Stimulus 7,418,972 (1,117,663) 6,301,309
13-17	Restricted Receipts 2,180,000 (174,207) 2,005,793
13-18	Rhode Island Capital Plan Funds
13-19	Camp E-Hun-Tee 85,000 (85,000) 0
13-20	Fire Code Upgrades 500,000 (12,636) 487,364
13-21	Total - Child Welfare 182,465,228 (8,443,816) 174,021,412
13-22	Higher Education Incentive Grants General Revenues 200,000 0 200,000
13-23	Grand Total - Children, Youth, and Families 247,749,655 (7,160,216) 240,589,439
13-24	Elderly Affairs
13-25	General Revenue
13-26	General Revenues 8,776,624 (1,955,313) 6,821,311
13-27	RIPAE 1,142,763 (139,948) 1,002,815
13-28	Safety and Care of the Elderly 1,300 0 1,300
13-29	Federal Funds 13,842,956 3,176,658 17,019,614
13-30	Federal Funds – Stimulus 1,367,408 (5) 1,367,403
13-31	Restricted Receipts 392,115 702,228 1,094,343
13-32	Grand Total - Elderly Affairs 25,523,166 1,783,620 27,306,786
13-33	Health
13-34	Central Management
14-1	General Revenues 1,811,914 (82,416) 1,729,498
14-2	Federal Funds 9,260,272 9,693,934 18,954,206
14-3	Restricted Receipts 2,504,304 639,765 3,144,069
14-4	Total - Central Management 13,576,490 10,251,283 23,827,773
14-5	State Medical Examiner
14-6	General Revenues 2,439,972 205,423 2,645,395
14-7	Federal Funds 135,017 100,108 235,125
14-8	Total - State Medical Examiner 2,574,989 305,531 2,880,520
14-9	Environmental and Health Services Regulation
14-10	General Revenues 8,914,730 (1,320,709) 7,594,021
14-11	Federal Funds 3,811,915 620,537 4,432,452
14-12	Restricted Receipts 3,332,067 387,101 3,719,168
14-13	Total - Environmental and Health Services
14-14	Regulation 16,058,712 (313,071) 15,745,641
14-15	Health Laboratories
14-16	General Revenues 7,079,007 (222,618) 6,856,389
14-17	Federal Funds 900,905 405,013 1,305,918
14-18	Total - Health Laboratories 7,979,912 182,395 8,162,307
14-19	Public Health Information
14-20	General Revenues 1,945,787 (215,160) 1,730,627
14-21	Federal Funds 2,348,236 (652,946) 1,695,290
14-22	Total – Public Health Information 4,294,023 (868,106) 3,425,917
14-23	Community and Family Health and Equity
14-24	General Revenues 5,089,737 (545,981) 4,543,756
14-25	Federal Funds 56,830,511 3,164,385 59,994,896
14-26	Federal Funds – Stimulus 2,343,752 (1,585,336) 758,416
14-27	Restricted Receipts 18,857,066 33,277 18,890,343
14-28	Other Funds
14-29	Walkable Communities Initiative 46,263 (33,172) 13,091
14-30	Safe and Active Commuting 0 56,749 56,749
14-31	RI Airport Corporation Funds 185,149 (91,979) 93,170
14-32	Total – Community and Family Health
14-33	& Equity 83,352,478 997,943 84,350,421
14-34	Infectious Disease and Epidemiology
15-1	General Revenues 2,273,425 (40,699) 2,232,726
15-2	Federal Funds 2,200,762 (68,335) 2,132,427
15-3	Federal Funds – Stimulus 0 201,830 201,830
15-4	Total – Infectious Disease and Epidemiology 4,474,187 92,796 4,566,983
15-5	Grand Total – Health 132,310,791 10,648,771 142,959,562
15-6	Human Services
15-7	Central Management
15-8	General Revenues 5,980,973 (921,625) 5,059,348
15-9	Federal Funds 5,255,506 (163,010) 5,092,496
15-10	Federal Funds – Stimulus 3,176,247 1,015,686 4,191,933
15-11	Restricted Receipts 601,715 198,286 800,001
15-12	Total - Central Management 15,014,441 129,337 15,143,778
15-13	Child Support Enforcement
15-14	General Revenues 2,373,898 (157,968) 2,215,930
15-15	Federal Funds 5,924,700 (135,567) 5,789,133
15-16	Federal Funds – Stimulus 2,300,000 0 2,300,000
15-17	Total – Child Support Enforcement 10,598,598 (293,535) 10,305,063
15-18	Individual and Family Support
15-19	General Revenues 22,152,850 (1,606,091) 20,546,759
15-20	Federal Funds 57,876,042 990,789 58,866,831
15-21	Federal Funds – Stimulus 2,350,000 19,212,960 21,562,960
15-22	Restricted Receipts 134,150 45,850 180,000
15-23	Other Funds
15-24	Food Stamp Bonus Funding 0 150,000 150,000
15-25	Intermodal Surface Transportation Fund 4,400,000 (215,000) 4,185,000
15-26	Rhode Island Capital Plan Funds
15-27	Blind Vending Facilities 125,000 (50,000) 75,000
15-28	Total - Individual and Family Support 87,038,042 18,528,508 105,566,550
15-29	Veterans' Affairs
15-30	General Revenues 17,852,470 (100,631) 17,751,839
15-31	Federal Funds 5,933,514 769,281 6,702,795
15-32	Restricted Receipts 2,273,637 (609,037) 1,664,600
15-33	Total - Veterans' Affairs 26,059,621 59,613 26,119,234
15-34	Health Care Quality, Financing and Purchasing
16-1	General Revenues 21,771,668 (2,225,045) 19,546,623
16-2	Federal Funds 44,871,085 (488,068) 44,383,017
16-3	Federal Funds-Stimulus 0 1,600,000 1,600,000
16-4	Restricted Receipts 60,000 0 60,000
16-5	Total - Health Care Quality,
16-6	Financing & Purchasing 66,702,753 (1,113,113) 65,589,640
16-7	Medical Benefits
16-8	General Revenues
16-9	Managed Care 205,075,368 833,708 205,909,076
16-10	Hospitals 97,221,709 (205,688) 97,016,021
16-11	Long Term Care
16-12	Nursing Facilities 105,152,488 6,580,492 111,732,980
16-13	Home and Community Based Services 24,491,324 (6,675,020) 17,816,304
16-14	Other 28,303,764 6,516,507 34,820,271
16-15	Pharmacy 48,704,880 (17,683,037) 31,021,843
16-16	Rhody Health 53,398,400 0 53,398,400
16-17	Federal Funds
16-18	Managed Care 307,580,071 (6,879,353) 300,700,718
16-19	Hospitals 117,144,752 4,394,194 121,538,946
16-20	Long Term Care
16-21	Nursing Facilities 153,952,160 9,172,303 163,124,463
16-22	Home and Community Based Services 35,718,777 (9,735,021) 25,983,756
16-23	Other 47,823,829 10,920,468 58,744,297
16-24	Pharmacy 5,840,820 1,499,670 7,340,490
16-25	Rhody Health 77,877,600 0 77,877,600
16-26	Special Education 20,733,240 0 20,733,240
16-27	Federal Funds – Stimulus 138,618,537 7,418,500 146,037,037
16-28	Restricted Receipts 5,246,911 568,089 5,815,000
16-29	Total - Medical Benefits 1,472,884,630 6,725,812 1,479,610,442
16-30	Supplemental Security Income Program
16-31	General Revenues 20,706,354 1,185,966 21,892,320
16-32	Family Independence Program
16-33	General Revenues
16-34	Child Care 6,500,000 (326,523) 6,173,477
17-1	Federal Funds 85,172,800 (3,503,421) 81,669,379
17-2	Federal Funds – Stimulus 4,700,000 (157,856) 4,542,144
17-3	Total - Family Independence Program 96,372,800 (3,987,800) 92,385,000
17-4	State Funded Programs
17-5	General Revenues
17-6	General Public Assistance 2,395,456 77,205 2,472,661
17-7	Federal Funds 130,737,444 60,428,292 191,165,736
17-8	Federal Funds – Stimulus 35,000,000 0 35,000,000
17-9	Total - State Funded Programs 168,132,900 60,505,497 228,638,397
17-10	Grand Total - Human Services 1,963,510,139 81,740,285 2,045,250,424
17-11	Mental Health, Retardation, and Hospitals
17-12	Central Management
17-13	General Revenues 1,035,453 (322,506) 712,947
17-14	Federal Funds 131,287 0 131,287
17-15	Restricted Receipts 0 986,375 986,375
17-16	Total - Central Management 1,166,740 663,869 1,830,609
17-17	Hospital and Community System Support
17-18	General Revenues 2,655,402 (960,462) 1,694,940
17-19	Federal Funds 849,939 0 849,939
17-20	Federal Funds – Stimulus 182,290 0 182,290
17-21	Rhode Island Capital Plan Funds
17-22	Medical Center Rehabilitation 1,000,000 (566,255) 433,745
17-23	Community Facilities Fire Code 1,050,000 (768,933) 281,067
17-24	DD Private Waiver Com Facilities-Fire Code 965,669 (274,307) 691,362
17-25	Total - Hospital & Community System Support 6,703,300 (2,569,957) 4,133,343
17-26	Services for the Developmentally Disabled
17-27	General Revenues 80,278,072 4,604,550 84,882,622
17-28	Federal Funds 118,998,274 7,157,426 126,155,700
17-29	Federal Funds – Stimulus 25,799,627 294,133 26,093,760
17-30	Restricted Receipts 2,813,044 (803,714) 2,009,330
17-31	Rhode Island Capital Plan Funds
17-32	Regional Center Repair/Rehabilitation 500,000 0 500,000
17-33	MR Community Facilities 770,000 0 770,000
17-34	Developmental Disability Group Homes 860,000 210,421 1,070,421
18-1	Total - Services for the Developmentally
18-2	Disabled 230,019,017 11,462,816 241,481,833
18-3	Integrated Mental Health Services
18-4	General Revenues 28,312,837 (468,707) 27,844,130
18-5	Federal Funds 45,139,838 (3,051,934) 42,087,904
18-6	Federal Funds – Stimulus 8,200,103 (1,094,527) 7,105,576
18-7	Rhode Island Capital Plan Funds
18-8	MH Community Facilities Repair 200,000 70,600 270,600
18-9	MH Housing Development-Thresholds 500,000 0 500,000
18-10	MH Residence Furniture 26,000 0 26,000
18-11	Total - Integrated Mental Health Services 82,378,778 (4,544,568) 77,834,210
18-12	Hospital and Community Rehabilitative Services
18-13	General Revenues 40,770,397 (6,293,138) 34,477,259
18-14	Federal Funds 50,477,112 (6,819,133) 43,657,979
18-15	Federal Funds – Stimulus 10,798,682 (1,386,429) 9,412,253
18-16	Restricted Receipts 2,300,000 3,305,000 5,605,000
18-17	Rhode Island Capital Plan Funds
18-18	Zambarano Buildings and Utilities 500,000 572,000 1,072,000
18-19	Hospital Consolidation 4,470,000 (3,800,000) 670,000
18-20	MHRH Administrative Upgrades 555,000 0 555,000
18-21	Total - Hospital & Community
18-22	Rehabilitative Services 109,871,191 (14,421,700) 95,449,491
18-23	Substance Abuse
18-24	General Revenues 12,963,619 (335,747) 12,627,872
18-25	Federal Funds 18,807,689 385,923 19,193,612
18-26	Federal Funds – Stimulus 673,397 (180,544) 492,853
18-27	Restricted Receipts 90,000 0 90,000
18-28	Rhode Island Capital Plan Funds
18-29	Asset Protection 200,000 0 200,000
18-30	Total - Substance Abuse 32,734,705 (130,368) 32,604,337
18-31	Grand Total – M. H., Retardation, & Hosp 462,873,731 (9,539,908) 453,333,823
18-32	Office of the Child Advocate
18-33	General Revenues 547,048 (34,783) 512,265
18-34	Federal Funds 41,100 4,794 45,894
19-1	Grand Total – Office of the Child Advocate 588,148 (29,989) 558,159
19-2	Commission on the Deaf and Hard of Hearing
19-3	General Revenues 370,146 (20,476) 349,670
19-4	Governor's Commission on Disabilities
19-5	General Revenues 366,450 (22,223) 344,227
19-6	Federal Funds 174,949 23,380 198,329
19-7	Restricted Receipts 10,001 3,558 13,559
19-8	Rhode Island Capital Plan Funds
19-9	Facility Renovation – Handicapped 175,000 15,151 190,151
19-10	Grand Total - Governor's Commission on
19-11	Disabilities 726,400 19,866 746,266
19-12	Mental Health Advocate General Revenues 448,423 (71,014) 377,409
19-13	Elementary and Secondary Education
19-14	Administration of the Comprehensive Education Strategy
19-15	General Revenues 20,387,006 (1,220,400) 19,166,606
19-16	Federal Funds 192,228,874 (6,319,299) 185,909,575
19-17	Federal Funds – Stimulus 47,202,040 19,858,462 67,060,502
19-18	Restricted Receipts
19-19	Restricted Receipts 878,114 121,808 999,922
19-20	HRIC Adult Education Grants 4,640,000 435,000 5,075,000
19-21	Statewide Transportation - RIPTA Grant 0 200,000 200,000
19-22	Rhode Island Capital Plan Funds
19-23	Shepards Building Air Quality 0 146,388 146,388
19-24	State-owned Chariho Repairs 200,000 0 200,000
19-25	State-owned East Providence Repairs 0 50,000 50,000
19-26	State-owned Warwick Repairs 0 100,000 100,000
19-27	State-owned Woonsocket Repairs 0 200,000 200,000
19-28	State-owned Cranston Repairs 0 160,000 160,000
19-29	Total – Administration of the Comprehensive
19-30	Education Strategy 265,536,034 13,731,959 279,267,993
19-31	Davies Career and Technical School
19-32	General Revenues 14,056,193 (606,783) 13,449,410
19-33	Federal Funds 1,379,313 117,824 1,497,137
19-34	Federal Funds – Stimulus 718,226 394,036 1,112,262
20-1	Restricted Receipts 0 376 376
20-2	Rhode Island Capital Plan Funds
20-3	Davies HVAC 925,000 (276,823) 648,177
20-4	Davies Asset Protection 125,000 0 125,000
20-5	Davies Roof Repair 1,000,000 0 1,000,000
20-6	Total - Davies Career and Technical School 18,203,732 (371,370) 17,832,362
20-7	RI School for the Deaf
20-8	General Revenues 5,947,646 (302,700) 5,644,946
20-9	Federal Funds 319,863 104,210 424,073
20-10	Federal Funds – Stimulus 348,107 45,852 393,959
20-11	Restricted Receipts 603,540 117,401 720,941
20-12	Total - RI School for the Deaf 7,219,156 (35,237) 7,183,919
20-13	Metropolitan Career and Technical School
20-14	General Revenues 12,187,381 (330,050) 11,857,331
20-15	Federal Funds – Stimulus 571,386 80,050 651,436
20-16	Rhode Island Capital Plan Funds
20-17	MET School East Bay 4,000,000 (3,200,000) 800,000
20-18	Total – Metropolitan Career and Technical
20-19	School 16,758,767 (3,450,000) 13,308,767
20-20	Education Aid
20-21	~~General Revenues 623,428,385 (46,048,652) 577,379,733~~
20-22	General Revenues 623,428,385 (37,633,040) 585,795,345
20-23	~~Federal Funds – Stimulus 33,410,743 11,812,340 45,223,083~~
20-24	Federal Funds-Stimulus 33,410,743 17,407,282 50,818,025
20-25	Restricted Receipts 1,379,423 8,855,021 10,234,444
20-26	~~Total – Education Aid 658,218,551 (25,381,291) 632,837,260~~
20-27	Total – Education Aid 658,218,551 (11,370,737) 646,847,814
20-28	Central Falls School District
20-29	~~General Revenues 42,428,937 (2,270,944) 40,157,993~~
20-30	General Revenues 42,428,937 (2,322,849) 40,106,088
20-31	~~Federal Funds – Stimulus 2,167,539 1,548,381 3,715,920~~
20-32	Federal Funds-Stimulus 2,167,539 1,953,439 4,120,978
20-33	Permanent School Fund – Central Falls 183,624 0 183,624
20-34	~~Total - Central Falls School District 44,780,100 (722,563) 44,057,537~~
21-1	Total–Central Falls School District 44,780,100 (369,410) 44,410,690
21-2	Housing Aid General Revenues 61,538,663 (3,182,767) 58,355,896
21-3	~~Teachers' Retirement General Revenues 77,752,559 (14,452,940) 63,299,619~~
21-4	Teachers’ Retirement General Revenues 77,752,559 (6,151,836) 71,600,723
21-5	~~Grand Total - Elementary and Secondary Ed 1,150,007,562 (33,864,209) 1,116,143,353~~
21-6	Grand Total-Elementary & Secondary Ed 1,150,007,562 (11,199,398) 1,138,808,164
21-7	Public Higher Education
21-8	Board of Governors/Office of Higher Education
21-9	General Revenues 7,364,037 (702,582) 6,661,455
21-10	Federal Funds 3,757,508 (148,469) 3,609,039
21-11	Restricted Receipts 0 112,577 112,577
21-12	Total - Board of Governors/Office of
21-13	Higher Education 11,121,545 (738,474) 10,383,071
21-14	University of Rhode Island
21-15	General Revenues
21-16	General Revenues 61,485,106 (4,601,613) 56,883,493
21-17	Debt Service 14,299,321 (80,580) 14,218,741
21-18	Federal Funds
21-19	RI Developmental Disabilities Council 474,013 (474,013) 0
21-20	Stabilization Funds - Fire Safety 7,171,090 0 7,171,090
21-21	Stimulus – Byrne Grant Crime Lab 0 125,076 125,076
21-22	University and College Funds
21-23	University and College Funds 478,515,279 22,145,373 500,660,652
21-24	Debt – Dining Services 1,141,724 (2,415) 1,139,309
21-25	Debt – Education and General 5,136,539 (2,117,224) 3,019,315
21-26	Debt – Health Services 130,411 100 130,511
21-27	Debt – Housing Loan Funds 7,605,889 1,155,995 8,761,884
21-28	Debt – Memorial Union 150,716 (2,859) 147,857
21-29	Debt – Ryan Center 2,797,945 (1,302) 2,796,643
21-30	Debt – Alton Jones Services 149,425 (2) 149,423
21-31	Debt - Parking Authority 1,257,596 (2,400) 1,255,196
21-32	Debt – Sponsored Research 100,589 1,799 102,388
21-33	Debt – URI Vehicle Lease Payments 71,080 0 71,080
21-34	Debt – URI Energy Conservation 2,133,127 (798,406) 1,334,721
22-1	Rhode Island Capital Plan Funds
22-2	Asset Protection 4,444,640 0 4,444,640
22-3	New Chemistry Building 0 300,000 300,000
22-4	Nursing & Assoc. Health Building 0 300,000 300,000
22-5	URI Biotechnology Center 0 2,765,090 2,765,090
22-6	Superfund Site Remediation 0 46,911 46,911
22-7	Total – University of Rhode Island 587,064,490 18,759,530 605,824,020
22-8	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
22-9	unencumbered balances as of June 30, 2010 relating to the University of Rhode Island are hereby
22-10	reappropriated to fiscal year 2011.
22-11	Rhode Island College
22-12	General Revenues
22-13	General Revenues 40,818,151 (3,097,208) 37,720,943
22-14	Debt Service 1,368,648 362,190 1,730,838
22-15	Federal Funds
22-16	Stabilization Funds - Fire Safety 5,695,093 0 5,695,093
22-17	University and College Funds
22-18	University and College Funds 101,997,361 (6,354,695) 95,642,666
22-19	Debt – Education and General 295,196 0 295,196
22-20	Debt – Housing 3,629,430 (1,608,426) 2,021,004
22-21	Debt – Student Center and Dining 172,639 0 172,639
22-22	Debt – Student Union 231,856 0 231,856
22-23	Debt – RIC Vehicle Lease Payments 12,002 0 12,002
22-24	Rhode Island Capital Plan Funds
22-25	Asset Protection 1,929,910 1,293,646 3,223,556
22-26	New Art Center 0 100,000 100,000
22-27	Total – Rhode Island College 156,150,286 (9,304,493) 146,845,793
22-28	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
22-29	unencumbered balances as of June 30, 2010 relating to Rhode Island College are hereby
22-30	reappropriated to fiscal year 2011.
22-31	Community College of Rhode Island
22-32	General Revenues
22-33	General Revenues 46,527,444 (3,721,637) 42,805,807
22-34	Debt Service 1,444,137 1,071 1,445,208
23-1	Federal Funds
23-2	Stabilization Funds - Fire Safety 3,240,712 0 3,240,712
23-3	Restricted Receipts 667,543 (25,543) 642,000
23-4	University and College Funds
23-5	University and College Funds 77,374,247 653,332 78,027,579
23-6	Debt – Bookstore 102,718 0 102,718
23-7	Rhode Island Capital Plan Funds
23-8	Asset Protection 1,228,125 558,609 1,786,734
23-9	Fire Code and HVAC 1,848,485 (342,632) 1,505,853
23-10	Total – Community College of RI 132,433,411 (2,876,800) 129,556,611
23-11	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
23-12	unencumbered balances as of June 30, 2010 relating to the Community College of Rhode Island
23-13	are hereby reappropriated to fiscal year 2011.
23-14	Grand Total – Public Higher Education 886,769,732 5,839,763 892,609,495
23-15	RI State Council on the Arts
23-16	General Revenues
23-17	Operating Support 663,261 (26,112) 637,149
23-18	Grants 1,320,725 (39,375) 1,281,350
23-19	Federal Funds 855,840 47,936 903,776
23-20	Federal Funds Stimulus 0 291,500 291,500
23-21	Restricted Receipts 0 100,000 100,000
23-22	Other Funds
23-23	Arts for Public Facilities 435,000 0 435,000
23-24	Grand Total - RI State Council on the Arts 3,274,826 373,949 3,648,775
23-25	RI Atomic Energy Commission
23-26	General Revenues 775,346 13,653 788,999
23-27	Federal Funds 107,000 193,159 300,159
23-28	URI Sponsored Research 284,769 (31,086) 253,683
23-29	Rhode Island Capital Plan Funds
23-30	RINSC Asset Protection 50,000 0 50,000
23-31	Grand Total - RI Atomic Energy Commission 1,217,115 175,726 1,392,841
23-32	RI Higher Education Assistance Authority
23-33	General Revenues
23-34	Needs Based Grants and Work Opportunities 6,382,700 (7,631) 6,375,069
24-1	Authority Operations and Other Grants 923,041 (84,960) 838,081
24-2	Federal Funds 14,575,320 (2,389,400) 12,185,920
24-3	Other Funds
24-4	Tuition Savings Pgm. – Needs Based Grants 6,017,300 (267,300) 5,750,000
24-5	Tuition Savings Program – Administration 732,977 (20,258) 712,719
24-6	Grand Total – RI Higher Ed Assistance
24-7	Authority 28,631,338 (2,769,549) 25,861,789
24-8	RI Historical Preservation and Heritage Commission
24-9	General Revenues 1,285,100 (25,042) 1,260,058
24-10	Federal Funds 819,367 0 819,367
24-11	Restricted Receipts 509,037 (27,788) 481,249
24-12	Grand Total – RI Historical Preservation
24-13	and Heritage Commission 2,613,504 (52,830) 2,560,674
24-14	RI Public Telecommunications Authority
24-15	General Revenues 1,142,702 (138,850) 1,003,852
24-16	Corporation for Public Broadcasting 765,656 (151,627) 614,029
24-17	Grand Total – RI Public Telecommunications
24-18	Authority 1,908,358 (290,477) 1,617,881
24-19	Attorney General
24-20	Criminal
24-21	General Revenues 13,010,243 (774,022) 12,236,221
24-22	Federal Funds 1,218,040 9,415 1,227,455
24-23	Federal Funds – Stimulus 0 671,647 671,647
24-24	Restricted Receipts 344,298 57,329 401,627
24-25	Total – Criminal 14,572,581 (35,631) 14,536,950
24-26	Civil
24-27	General Revenues 4,385,190 (242,097) 4,143,093
24-28	Restricted Receipts 588,632 99,876 688,508
24-29	Total – Civil 4,973,822 (142,221) 4,831,601
24-30	Bureau of Criminal Identification
24-31	General Revenues 1,000,244 25,333 1,025,577
24-32	Federal Funds 56,500 30,759 87,259
24-33	Total - Bureau of Criminal Identification 1,056,744 56,092 1,112,836
24-34	General
25-1	General Revenues 2,704,066 (37,991) 2,666,075
25-2	Rhode Island Capital Plan Funds
25-3	Building Renovations and Repairs 200,000 426,847 626,847
25-4	Total – General 2,904,066 388,856 3,292,922
25-5	Grand Total - Attorney General 23,507,213 267,096 23,774,309
25-6	Corrections
25-7	Central Management General Revenues 8,021,430 (1,066,870) 6,954,560
25-8	Parole Board
25-9	General Revenues 1,269,396 24,449 1,293,845
25-10	Federal Funds 24,300 15,700 40,000
25-11	Total - Parole Board 1,293,696 40,149 1,333,845
25-12	Institutional Corrections
25-13	General Revenues 153,293,213 (1,075,451) 152,217,762
25-14	Federal Funds 1,948,122 542,803 2,490,925
25-15	Rhode Island Capital Plan Funds
25-16	General Renovations – Maximum 434,705 15,400 450,105
25-17	Women's Bathroom Renovations 650,000 0 650,000
25-18	Bernadette Guay Building Roof 1,290,000 (862,733) 427,267
25-19	Asset Protection 2,500,000 (248,600) 2,251,400
25-20	Reintegration Center match 188,571 1,497,818 1,686,389
25-21	General Renovations - Women 705,000 963,363 1,668,363
25-22	Total - Institutional Corrections 161,009,611 832,600 161,842,211
25-23	Community Corrections
25-24	General Revenues 14,806,523 (1,739,901) 13,066,622
25-25	Federal Funds 224,246 531,158 755,404
25-26	Federal Funds - Stimulus 0 68,000 68,000
25-27	Restricted Receipts 0 122,837 122,837
25-28	Total – Community Corrections 15,030,769 (1,017,906) 14,012,863
25-29	Grand Total – Corrections 185,355,506 (1,212,027) 184,143,479
25-30	Judiciary
25-31	Supreme Court
25-32	General Revenues
25-33	General Revenues 24,678,116 (556,249) 24,121,867
25-34	Defense of Indigents 3,365,689 0 3,365,689
26-1	Federal Funds 102,440 402,761 505,201
26-2	Federal Funds – Stimulus 0 43,428 43,428
26-3	Restricted Receipts 1,302,005 288,743 1,590,748
26-4	Rhode Island Capital Plan Funds
26-5	Judicial HVAC 300,000 0 300,000
26-6	Judicial Complexes Asset Protection 525,000 4,466 529,466
26-7	Total - Supreme Court 30,273,250 183,149 30,456,399
26-8	Superior Court
26-9	General Revenues 19,861,308 (410,474) 19,450,834
26-10	Federal Funds 90,000 0 90,000
26-11	Federal Funds – Stimulus 0 85,000 85,000
26-12	Restricted Receipts 287,000 0 287,000
26-13	Total - Superior Court 20,238,308 (325,474) 19,912,834
26-14	Family Court
26-15	General Revenues 18,151,560 (2,718,548) 15,433,012
26-16	Federal Funds 1,253,012 1,359,323 2,612,335
26-17	Federal Funds – Stimulus 0 128,180 128,180
26-18	Total - Family Court 19,404,572 (1,231,045) 18,173,527
26-19	District Court
26-20	General Revenues 10,175,958 (399,785) 9,776,173
26-21	Restricted Receipts 639,193 (231,035) 408,158
26-22	Total - District Court 10,815,151 (630,820) 10,184,331
26-23	Traffic Tribunal General Revenues 7,545,676 (177,641) 7,368,035
26-24	Workers' Compensation Court Restricted Receipts 7,578,922 (250,544) 7,328,378
26-25	Judicial Tenure and Discipline General Revenues 128,922 (22,519) 106,403
26-26	Grand Total – Judiciary 95,984,801 (2,454,894) 93,529,907
26-27	Military Staff
26-28	National Guard
26-29	General Revenues 1,517,828 (149,149) 1,368,679
26-30	Federal Funds 11,008,369 (402,802) 10,605,567
26-31	Federal Funds – Stimulus 0 605,000 605,000
26-32	Restricted Receipts 190,000 0 190,000
26-33	Rhode Island Capital Plan Funds
26-34	AMC – Roof Replacement 1,100,000 (152,955) 947,045
27-1	State Armories Fire Code Comp. 50,000 169,496 219,496
27-2	Federal Armories Fire Code 12,500 66,232 78,732
27-3	Asset Protection 250,000 153,482 403,482
27-4	Quonset Point Hangar 0 460,797 460,797
27-5	Logistics/Maint Facilities Fire Code 6,250 57,500 63,750
27-6	Woonsocket Building Demolition 63,340 (46,540) 16,800
27-7	Total - National Guard 14,198,287 761,061 14,959,348
27-8	Emergency Management
27-9	General Revenues 1,762,151 (832,533) 929,618
27-10	Federal Funds 10,933,246 3,592,107 14,525,353
27-11	Restricted Receipts 147,449 773,952 921,401
27-12	Total - Emergency Management 12,842,846 3,533,526 16,376,372
27-13	Grand Total - Military Staff 27,041,133 4,294,587 31,335,720
27-14	Public Safety
27-15	Central Management
27-16	General Revenues 770,605 (96,686) 673,919
27-17	Federal Funds 4,531,428 (87,186) 4,444,242
27-18	Federal Funds – Stimulus 0 2,677,261 2,677,261
27-19	Restricted Receipts 133,000 695,448 828,448
27-20	Total – Central Management 5,435,033 3,188,837 8,623,870
27-21	E-911 Emergency Telephone System
27-22	General Revenues 4,831,572 (47,603) 4,783,969
27-23	Federal Funds 0 253,030 253,030
27-24	Rhode Island Capital Plan Funds
27-25	E-911 PSAP Building Renovations 55,000 (55,000) 0
27-26	Total - E-911 Emergency Telephone
27-27	System 4,886,572 150,427 5,036,999
27-28	State Fire Marshal
27-29	General Revenues 2,631,162 (194,663) 2,436,499
27-30	Federal Funds 376,000 623,974 999,974
27-31	Restricted Receipts 0 10,900 10,900
27-32	Total - State Fire Marshal 3,007,162 440,211 3,447,373
27-33	Capitol Police General Revenues 3,310,591 (109,013) 3,201,578
27-34	Municipal Police Training Academy
28-1	General Revenues 349,696 (29,020) 320,676
28-2	Federal Funds 186,505 30,355 216,860
28-3	Federal Funds – Stimulus 0 110,487 110,487
28-4	Total - Municipal Police Training
28-5	Academy 536,201 111,822 648,023
28-6	State Police
28-7	General Revenues 42,852,283 (364,911) 42,487,372
28-8	Federal Funds 2,133,313 1,993,145 4,126,458
28-9	Federal Funds – Stimulus 0 385,190 385,190
28-10	Federal Funds – Stimulus – State Fiscal Stabilization 10,000,000 17,669 10,017,669
28-11	Restricted Receipts 476,000 591,282 1,067,282
28-12	Rhode Island Capital Plan Funds
28-13	Barracks & Training 750,000 (350,000) 400,000
28-14	State Police New Headquarters 13,000,000 3,334,316 16,334,316
28-15	Parking Area Improvements 225,000 (200,000) 25,000
28-16	Statewide Microwave Upgrade 2,300,000 2,257,860 4,557,860
28-17	Headquarters Repairs/Rehabilitation 50,000 50,150 100,150
28-18	Headquarters Sewer Project 0 293,049 293,049
28-19	Traffic Enforcement - Municipal Training 107,150 159,467 266,617
28-20	Lottery Commission Assistance 170,708 (9,811) 160,897
28-21	Airport Corporation 167,171 17,147 184,318
28-22	Road Construction Reimbursement 2,020,300 152,954 2,173,254
28-23	Total - State Police 74,251,925 8,327,507 82,579,432
28-24	Grand Total – Public Safety 91,427,484 12,109,791 103,537,275
28-25	Office of Public Defender
28-26	General Revenues 9,583,189 (378,764) 9,204,425
28-27	Federal Funds 225,898 89,067 314, 965
28-28	Federal Funds – Stimulus 0 66,358 66,358
28-29	Grand Total - Office of Public Defender 9,809,087 (223,339) 9,585,748
28-30	Environmental Management
28-31	Office of the Director
28-32	General Revenues 5,185,950 (769,913) 4,416,037
28-33	Federal Funds 791,315 (135,000) 656,315
28-34	Restricted Receipts 2,668,020 (124,495) 2,543,525
29-1	Total – Office of the Director 8,645,285 (1,029,408) 7,615,877
29-2	Natural Resources
29-3	General Revenues 18,222,294 (1,202,636) 17,019,658
29-4	Federal Funds 18,203,843 725,290 18,929,133
29-5	Restricted Receipts 3,586,240 76,544 3,662,784
29-6	Other Funds
29-7	DOT Recreational Projects 71,354 1,213,698 1,285,052
29-8	Blackstone Bikepath Design 980,601 (830) 979,771
29-9	Transportation MOU 0 78,737 78,737
29-10	Rhode Island Capital Plan Funds
29-11	Dam Repair 1,910,000 (810,000) 1,100,000
29-12	Recreational Facilities Improvement 1,100,000 838,044 1,938,044
29-13	Fort Adams Rehabilitation 250,000 0 250,000
29-14	Galilee Piers Upgrade 750,000 (380,000) 370,000
29-15	Newport Piers 500,000 228,386 728,386
29-16	Total - Natural Resources 45,574,332 767,233 46,341,565
29-17	Environmental Protection
29-18	General Revenues 12,076,125 (999,892) 11,076,233
29-19	Federal Funds 12,660,714 (567,873) 12,092,841
29-20	Federal Funds – Stimulus 2,025,000 1,580,031 3,605,031
29-21	Restricted Receipts 8,991,789 (1,248,056) 7,743,733
29-22	Transportation MOU 0 116,698 116,698
29-23	Retrofit Heavy-Duty Diesel Vehicles 1,000,000 1,560,000 2,560,000
29-24	Rhode Island Capital Plan Funds
29-25	Rose Hill Superfund Site 0 21,670 21,670
29-26	Total - Environmental Protection 36,753,628 462,578 37,216,206
29-27	Grand Total - Environmental Mgmt 90,973,245 200,403 91,173,648
29-28	Coastal Resources Management Council
29-29	General Revenues 2,027,574 (82,528) 1,945,046
29-30	Federal Funds 1,608,438 1,541,670 3,150,108
29-31	Federal Funds - Stimulus 0 3,030,564 3,030,564
29-32	Restricted Receipts 250,000 0 250,000
29-33	Rhode Island Capital Plan Funds
29-34	Providence River Dredging 1,655,509 0 1,655,509
30-1	Grand Total - Coastal Resources Mgmt
30-2	Council 5,541,521 4,489,706 10,031,227
30-3	State Water Resources Board
30-4	General Revenues 1,370,785 (270,849) 1,099,936
30-5	Rhode Island Capital Plan Funds
30-6	Big River Management Area 103,000 (25,542) 77,458
30-7	Big River Well Development 0 376,520 376,520
30-8	Grand Total - State Water Resources Brd 1,473,785 80,129 1,553,914
30-9	Transportation
30-10	Central Management
30-11	Federal Funds 17,203,537 (6,680,604) 10,522,933
30-12	Other Funds
30-13	Gasoline Tax 1,905,734 (721,492) 1,184,242
30-14	Total - Central Management 19,109,271 (7,402,096) 11,707,175
30-15	Management and Budget
30-16	Other Funds
30-17	Gasoline Tax 1,186,330 170,662 1,356,992
30-18	Infrastructure Engineering
30-19	Federal Funds 266,742,846 (35,684,555) 231,058,291
30-20	Federal Funds – Stimulus 97,402,000 (30,680,272) 66,721,728
30-21	Restricted Receipts 1,500,000 (500,000) 1,000,000
30-22	Other Funds
30-23	Gasoline Tax 56,395,537 (4,827,938) 51,567,599
30-24	State Infrastructure Bank 1,387,984 16 1,388,000
30-25	Land Sale Revenue 3,199,768 (1,199,768) 2,000,000
30-26	Highway Logo Program 100,000 0 100,000
30-27	Rhode Island Capital Plan Funds
30-28	RIPTA - Land and Buildings 2,602,609 1,328,591 3,931,200
30-29	Pawtucket/Central Falls Train Station 40,267 0 40,267
30-30	Total - Infrastructure Engineering 429,371,011 (71,563,926) 357,807,085
30-31	Infrastructure Maintenance
30-32	Gasoline Tax 36,749,879 (1,480,124) 35,269,755
30-33	Non-Land Surplus Property 25,000 15,000 40,000
30-34	Outdoor Advertising 200,000 125,000 325,000
31-1	Rhode Island Capital Plan Funds
31-2	Cherry Hill/Lincoln Facility 950,000 (950,000) 0
31-3	Maintenance Facilities Improvements 325,000 80,445 405,445
31-4	East Providence Facility 0 1,017,190 1,017,190
31-5	Salt Storage Facilities 1,000,000 300,000 1,300,000
31-6	Maintenance Facility Fire Alarm 150,000 0 150,000
31-7	Total - Infrastructure Maintenance 39,399,879 (892,489) 38,507,390
31-8	Grand Total – Transportation 489,066,491 (79,687,849) 409,378,642
31-9	Statewide Totals
31-10	~~General Revenues 3,000,341,114 (150,675,027) 2,849,666,087~~
31-11	General Revenues 3,000,341,114 (124,823,928) 2,875,517,186
31-12	~~Federal Funds 2,828,214,952 227,128,001 3,055,342,953~~
31-13	Federal Funds 2,828,214,952 237,137,381 3,065,352,333
31-14	~~Restricted Receipts 162,397,115 26,384,098 188,781,213~~
31-15	Restricted Receipts 162,397,115 27,167,159 189,564,274
31-16	~~Other Funds 1,823,784,957 68,192,045 1,891,977,002~~
31-17	Other Funds 1,823,784,957 69,963,159 1,893,748,116
31-18	~~Statewide Grand Total 7,814,738,138 171,029,117 7,985,767,255~~
31-19	Statewide Grand Total 7,814,738,138 209,443,771 8,024,181,909
31-20	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
31-21	appropriation.
31-22	SECTION 3. The general assembly authorizes the state controller to establish the
31-23	internal service accounts shown below, and no other, to finance and account for the operations of
31-24	state agencies that provide services to other agencies, institutions and other governmental units on
31-25	a cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
31-26	managed in a businesslike manner, promote efficient use of services by making agencies pay the
31-27	full costs associated with providing the services, and allocate the costs of central administrative
31-28	services across all fund types, so that federal and other non-general fund programs share in the
31-29	costs of general government support. The controller is authorized to reimburse these accounts for
31-30	the cost of work or services performed for any other department or agency subject to the
31-31	following expenditure limitations:
31-32	FY 2010 FY 2010 FY 2010
31-33	Account Enacted Change Final
31-34	State Assessed Fringe Benefit Internal Service Acct 31,824,722 1,671,458 33,496,180
32-1	Administration Central Utilities Internal Service Acct 24,525,696 (2,806,179) 21,719,517
32-2	State Central Mail Internal Service Account 5,582,779 (384,436) 5,198,343
32-3	State Telecommunications Internal Service Account 3,508,119 (79,439) 3,428,680
32-4	State Automotive Fleet Internal Service Account 14,408,646 (1,264,436) 13,144,210
32-5	State Fleet Replacement Revolving Loan Fund 2,500,000 0 2,500,000
32-6	Capital Police Internal Service Account 763,874 (127,326) 636,548
32-7	Health Insurance Internal Service Fund 306,132,044 0 306,132,044
32-8	Corrections General Svcs & Warehouse Internal
32-9	Service Acct 6,766,198 219,330 6,985,528
32-10	Correctional Industries Internal Service Account 7,205,297 76,838 7,282,135
32-11	Secretary of State Record Center Internal Service Account 814,696 (11,296) 803,400
32-12	SECTION 4. Departments and agencies listed below may not exceed the number of full-
32-13	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
32-14	not include seasonal or intermittent positions whose scheduled period of employment does not
32-15	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
32-16	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
32-17	individuals engaged in training, the completion of which is a prerequisite of employment.
32-18	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
32-19	designee, and President of the Senate or designee may authorize an adjustment to any limitation.
32-20	Prior to the authorization, the State Budget Officer shall make a detailed written recommendation
32-21	to the Governor, the Speaker of the House, and the President of the Senate. A copy of the
32-22	recommendation and authorization to adjust shall be transmitted to the chairman of the House
32-23	Finance Committee, the chairman of the Senate Finance Committee, the House Fiscal Advisor
32-24	and the Senate Fiscal Advisor.
32-25	No agency or department may employ contracted employees or employee services where
32-26	the contracted employees would work under state employee supervisors without determination of
32-27	need by the Director of Administration acting upon positive recommendations of the Budget
32-28	Officer and the Personnel Administrator and 15 days after a public hearing.
32-29	Nor may any agency or department contract for services replacing work done by state
32-30	employees at that time without determination of need by the Director of Administration acting
32-31	upon the positive recommendations of the Budget Officer and the Personnel Administrator and 30
32-32	days after a public hearing.
32-33	State employees whose funding is from non-state general revenue funds that are time
32-34	limited shall receive limited term appointment with the term limited to the availability of non-
33-1	state general revenue funding source.
33-2	FTE POSITION AUTHORIZATION
33-3	Departments and Agencies Full-Time Equivalent
33-4	Administration ~~895.6~~ 835.4
33-5	Business Regulation ~~91.0~~ 85.5
33-6	Labor and Training ~~436.3~~ 514.4
33-7	Revenue ~~424.0~~ 413.5
33-8	Legislature ~~297.9~~ 288.8
33-9	Office of the Lieutenant Governor 8.0
33-10	Secretary of State ~~57.0~~ 56.5
33-11	General Treasurer ~~83.0~~ 79.5
33-12	Board of Elections ~~12.0~~ 11.5
33-13	Rhode Island Ethics Commission 12.0
33-14	Office of the Governor ~~43.0~~ 44.0
33-15	Commission for Human Rights ~~14.5~~ 14.2
33-16	Public Utilities Commission ~~44.0~~ 45.5
33-17	Rhode Island Commission on Women 1.0
33-18	Office of Health and Human Services ~~74.1~~ 52.9
33-19	Children, Youth, and Families ~~700.0~~ 658.5
33-20	Elderly Affairs ~~31.0~~ 29.5
33-21	Health ~~414.6~~ 397.4
33-22	Human Services ~~954.6~~ 919.7
33-23	Mental Health, Retardation, and Hospitals ~~1,398.4~~ 1,294.0
33-24	Office of the Child Advocate 5.8
33-25	Commission on the Deaf and Hard of Hearing 3.0
33-26	Governor's Commission on Disabilities 4.0
33-27	Office of the Mental Health Advocate 3.7
33-28	Elementary and Secondary Education 134.4
33-29	School for the Deaf ~~60.0~~ 57.6
33-30	Davies Career and Technical School ~~133.0~~ 123.5
33-31	Office of Higher Education ~~20.4~~ 17.2
33-32	Provided that 1.0 of the total authorization would be available only for a position that is
33-33	supported by third-party funds.
33-34	University of Rhode Island ~~2,453.5~~ 2,364.5
34-1	Provided that ~~602.0~~ 550.1 of the total authorization would be available only for positions
34-2	that are supported by third-party funds.
34-3	Rhode Island College ~~895.1~~ 880.3
34-4	Provided that ~~82.0~~ 75.1 of the total authorization would be available only for positions
34-5	that are supported by third-party funds.
34-6	Community College of Rhode Island ~~813.1~~ 767.9
34-7	Provided that ~~100.0~~ 61.5 of the total authorization would be available only for positions
34-8	that are supported by third-party funds.
34-9	Rhode Island State Council on the Arts 8.6
34-10	RI Atomic Energy Commission 8.6
34-11	Higher Education Assistance Authority ~~42.6~~ 37.3
34-12	Historical Preservation and Heritage Commission 16.6
34-13	Public Telecommunications Authority ~~18.0~~ 16.0
34-14	Office of the Attorney General ~~231.1~~ 230.0
34-15	Corrections ~~1,423.0~~ 1,402.5
34-16	Judicial ~~729.3~~ 699.7
34-17	Military Staff ~~111.0~~ 109.0
34-18	Public Safety ~~432.1~~ 418.6
34-19	Office of the Public Defender ~~91.0~~ 92.0
34-20	Environmental Management ~~417.0~~ 402.5
34-21	Coastal Resources Management Council 30.0
34-22	Water Resources Board 6.0
34-23	Transportation ~~780.2~~ 739.4
34-24	Total ~~14,863.0~~ 14,340.5
34-25	SECTION 5. Notwithstanding any provision of section 42-11-2.4 of the Rhode Island
34-26	General Laws, the State Controller shall transfer the sum of three million six hundred thirty-eight
34-27	thousand dollars ($3,638,000) from the State Fleet Replacement Revolving Loan Fund to the
34-28	State General Fund by June 30, 2010.
34-29	SECTION 6. Renewable Energy Development Fund. Notwithstanding the provisions of
34-30	section 39-26-7 or any other provisions to the contrary, the Rhode Island Economic Development
34-31	Corporation shall transfer the sum of one million dollars ($1,000,000) from the Renewable
34-32	Energy Development Fund to the State General Fund by June 30, 2010.
34-33	SECTION 7. Notwithstanding any provisions of Chapter 102 in Title 42 of the Rhode
34-34	Island General Laws, the Human Resource Investment Council shall transfer to the State
35-1	Controller the sum of two million five hundred thousand dollars ($2,500,000) on June 30, 2010.
35-2	SECTION 8. There is hereby appropriated ~~$16,000,000~~ $42,000,000 from the Budget
35-3	Reserve and Cash Stabilization Account for FY 2010.
35-4	SECTION 9. This article shall take effect upon passage.
35-5	ARTICLE 2
35-6	RELATING TO MOTOR VEHICLE REIMBURSEMENTS
35-7	SECTION 1. 44-34.1-2. City and town and fire district reimbursement. -- (a) In fiscal
35-8	years 2000 and thereafter, cities and towns and fire districts shall receive reimbursements, as set
35-9	forth in this section, from state general revenues equal to the amount of lost tax revenue due to
35-10	the phase out or reduction of the excise tax. Cities and towns and fire districts shall receive
35-11	advance reimbursements through state fiscal year 2002. In the event the tax is phased out, cities
35-12	and towns and fire districts shall receive a permanent distribution of sales tax revenue pursuant to
35-13	section 44-18-18 in an amount equal to any lost revenue resulting from the excise tax elimination.
35-14	Lost revenues must be determined using a base tax rate fixed at fiscal year 1998 levels for each
35-15	city, town, and fire district, except that the Town of Johnston's base tax rate must be fixed at a
35-16	fiscal year 1999 level.
35-17	(b) (1) The director of administration shall determine the amount of general revenues to
35-18	be distributed to each city and town and fire district for the fiscal years 1999 and thereafter so that
35-19	every city and town and fire district is held harmless from tax loss resulting from this chapter,
35-20	assuming that tax rates are indexed to inflation through fiscal year 2003.
35-21	(2) The director of administration shall index the tax rates for inflation by applying the
35-22	annual change in the December Consumer Price Index -- All Urban Consumers (CPI-U),
35-23	published by the Bureau of Labor Statistics of the United States Department of Labor, to the
35-24	indexed tax rate used for the prior fiscal year calculation; provided, that for state reimbursements
35-25	in fiscal years 2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U
35-26	adjustments. The director shall apply the following principles in determining reimbursements:
35-27	(i) Exemptions granted by cities and towns and fire districts in the fiscal year 1998 must
35-28	be applied to assessed values prior to applying the exemptions in section 44-34.1-1(c)(1). Cities
35-29	and towns and fire districts will not be reimbursed for these exemptions.
35-30	(ii) City, town, and fire districts shall be reimbursed by the state for revenue losses
35-31	attributable to the exemptions provided for in section 44-34.1-1 and the inflation indexing of tax
35-32	rates through fiscal 2003. Reimbursement for revenue losses shall be calculated based upon the
35-33	difference between the maximum taxable value less personal exemptions and the net assessed
35-34	value.
36-1	(iii) Inflation reimbursements shall be the difference between:
36-2	(A) The levy calculated at the tax rate used by each city and town and fire district for
36-3	fiscal year 1998 after adjustments for personal exemptions but prior to adjustments for
36-4	exemptions contained in section 44-34.1-1(c)(1); provided, that for the town of Johnston the tax
36-5	rate used for fiscal year 1999 must be used for the calculation; and
36-6	(B) The levy calculated by applying the appropriate cumulative inflation adjustment
36-7	through state fiscal 2003 to the tax rate used by each city and town and fire district for fiscal year
36-8	1998; provided, that for the town of Johnston the tax rate used for fiscal year 1999 shall be used
36-9	for the calculation after adjustments for personal exemptions but prior to adjustments for
36-10	exemptions contained in section 44-34.1-1.
36-11	(c) (1) Funds shall be distributed to the cities and towns and fire districts as follows:
36-12	(i) On October 20, 1998, and each October 20 thereafter through October 20, 2001,
36-13	twenty-five percent (25%) of the amount calculated by the director of administration to be the
36-14	difference for the upcoming fiscal year.
36-15	(ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002,
36-16	twenty-five percent (25%) of the amount calculated by the director of administration to be the
36-17	difference for the upcoming fiscal year.
36-18	(iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent
36-19	(50%) of the amount calculated by the director of administration to be the difference for the
36-20	upcoming fiscal year.
36-21	(iv) On August 1, 2002, and each August 1 thereafter, twenty-five percent (25%) of the
36-22	amount calculated by the director of administration to be the difference for the current fiscal year.
36-23	(v) On November 1, 2002, and each November 1 thereafter, twenty-five percent (25%)
36-24	of the amount calculated by the director of administration to be the difference for the current
36-25	fiscal year.
36-26	(vi) On February 1, 2003, and each February 1 thereafter, twenty-five percent (25%) of
36-27	the amount calculated by the director of administration to be the difference for the current fiscal
36-28	year.
36-29	(vii) On May 1, 2003, and each May 1 thereafter, twenty-five percent (25%) of the
36-30	amount calculated by the director of administration to be the difference for the current fiscal year.
36-31	Provided, however, the February and May payments shall be subject to submission of
36-32	final certified and reconciled motor vehicle levy information.
36-33	(2) Each city, town, or fire district shall submit final certified and reconciled motor
36-34	vehicle levy information by August 30 of each year. Any adjustment to the estimated amounts
37-1	paid in the previous fiscal year shall be included or deducted from the payment due November 1.
37-2	(3) On any of the payment dates specified in paragraphs (1)(i) through (vii) of this
37-3	subsection, the director is authorized to deduct previously made over-payments or add
37-4	supplemental payments as may be required to bring the reimbursements into full compliance with
37-5	the requirements of this chapter.
37-6	(4) For the city of East Providence, the payment schedule is twenty-five percent (25%)
37-7	on February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five
37-8	percent (25%) on June 20, 1999, and each June 20 thereafter through June 20, 2002, which
37-9	includes final reconciliation of the previous year's payment, and fifty percent (50%) on October
37-10	20, 1999, and each October 20 thereafter through October 20, 2002. For local fiscal years 2003
37-11	and thereafter, the payment schedule is twenty-five percent (25%) on each November 1, twenty-
37-12	five percent (25%) on each February 1, twenty-five percent (25%) on each May 1, which includes
37-13	final reconciliation of the previous year's payment, and twenty-five percent (25%) on each
37-14	August 1; provided, the May and August payments shall be subject to submission of final
37-15	certified and reconciled motor vehicle levy information.
37-16	(5) When the tax is phased out, funds distributed to the cities, towns, and fire districts for
37-17	the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase-
37-18	out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities and
37-19	towns and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%)
37-20	on the following November 1, twenty-five percent (25%) on the following February 1, and
37-21	twenty-five percent (25%) on the following May 1. The funds shall be distributed to each city and
37-22	town and fire district in the same proportion as distributed in the fiscal year of the phase-out.
37-23	(6) When the tax is phased out to August 1, of the following fiscal year the director of
37-24	administration shall calculate to the nearest tenth of one cent ($.001) the number of cents of sales
37-25	tax received for the fiscal year ending June 30, of the year following the phase-out equal to the
37-26	amount of funds distributed to the cities, towns, and fire districts under this chapter during the
37-27	fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year
37-28	following the phase-out received by each city, town, and fire district, calculated to the nearest
37-29	one-hundredth of one percent (0.01%). The director of the department of administration shall
37-30	transmit those calculations to the governor, the speaker of the house, the president of the senate,
37-31	the chairperson of the house finance committee, the chairperson of the senate finance committee,
37-32	the house fiscal advisor, and the senate fiscal advisor. The number of cents, applied to the sales
37-33	taxes received for the prior fiscal year, shall be the basis for determining the amount of sales tax
37-34	to be distributed to the cities and towns and fire districts under this chapter for second fiscal year
38-1	following the phase-out and each year thereafter. The cities and towns and fire districts shall
38-2	receive that amount of sales tax in the proportions calculated by the director of administration as
38-3	that received in the fiscal year following the phase-out.
38-4	(7) When the tax is phased out, twenty-five percent (25%) of the funds shall be
38-5	distributed to the cities, towns, and fire districts on August 1, of the following fiscal year and
38-6	every August 1 thereafter; twenty-five percent (25%) shall be distributed on the following
38-7	November 1, and every November 1 thereafter; twenty-five percent (25%) shall be distributed on
38-8	the following February 1, and every February 1 thereafter; and twenty-five percent (25%) shall be
38-9	distributed on the following May 1, and every May 1 thereafter.
38-10	(8) For the city of East Providence, in the event the tax is phased out, twenty-five percent
38-11	(25%) shall be distributed on November 1, of the following fiscal year and every November 1
38-12	thereafter, twenty-five percent (25%) shall be distributed on the following February 1, and every
38-13	February 1 thereafter; twenty-five percent (25%) shall be distributed on the following May 1, and
38-14	every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on the
38-15	following August 1, and every August 1 thereafter.
38-16	(9) As provided for in section 44-34-6, the authority of fire districts to tax motor vehicles
38-17	is eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts
38-18	shall be based on the provisions of section 44-34-6. All references to fire districts in this chapter
38-19	do not apply to the year 2001 tax roll and thereafter.
38-20	(10) For reimbursements payable in the year ending June 30, 2008 and thereafter, except
38-21	for the year ending June 30, 2010, the director of administration shall discount the calculated
38-22	value of the exemption to ninety-eight percent (98%) in order to establish a collection rate that is
38-23	comparable to the collection rate achieved by municipalities in the levy of the motor vehicle
38-24	excise tax.
38-25	(11) For reimbursements payable in the year ending June 30, 2010, the director of
38-26	administration shall discount the calculated value of the exemption to eighty-eight percent (88%).
38-27	SECTION 2. This article shall take effect upon passage.
38-28	ARTICLE 3
38-29	RELATING TO BUDGET RESERVE FUND
38-30	SECTION 1. Section 35-3-20 of the General Laws in Chapter 35-3 entitled “State
38-31	Budget” is hereby amended to read as follows:
38-32	35-3-20. State budget reserve and cash stabilization account. -- (a) There is hereby
38-33	created within the general fund a state budget reserve and cash stabilization account, which shall
38-34	be administered by the state controller and which shall be used solely for the purpose of providing
39-1	such sums as may be appropriated to fund any unanticipated general revenue deficit caused by a
39-2	general revenue shortfall.
39-3	(b) In carrying out the provisions of § 35-3-20.1, the state controller shall, based on that
39-4	fiscal years estimate, transfer the amounts needed to fund cash requirements during the fiscal
39-5	year; the transfer shall be adjusted at the end of the fiscal year in order to conform to the
39-6	requirements of § 35-3-20.1. To the extent that funds so transferred are not needed by the Rhode
39-7	Island Capital Plan fund the funds may be loaned back to the general fund.
39-8	(c) For the fiscal year ending June 30, 2009, whenever the aggregate of the monies and
39-9	securities held for the credit of the state budget reserve and cash stabilization account exceeds
39-10	three and four tenths of one percent (3.4%) of total fiscal year resources, consisting of the
39-11	aggregate of (1) actual revenues from taxes and other departmental general revenue sources; and
39-12	(2) the general revenue balance available for appropriations at the beginning of the fiscal year; the
39-13	excess shall be transferred to the Rhode Island Capital Plan fund, to be used solely for capital
39-14	projects. Provided further, the applicable percentage shall increase by four-tenths of one percent
39-15	(.4%) for the succeeding four (4) fiscal years as follows:
39-16	Fiscal year ending June 30, 2010 3.8%
39-17	Fiscal year ending June 30, 2011 4.2%
39-18	Fiscal year ending June 30, 2012 4.6%
39-19	Fiscal years ending June 30, 2013 and thereafter 5.0%
39-20	(d) At any time after the third quarter of a fiscal year, that it is indicated that total
39-21	resources which are defined to be the aggregate of estimated general revenue, general revenue
39-22	receivables, and available free surplus in the general fund will be less than the estimates upon
39-23	which current appropriations were based, the general assembly may make appropriations from the
39-24	state budget reserve and cash stabilization account for the difference between the estimated total
39-25	resources and the original estimates upon which enacted appropriations were based, but only in
39-26	the amount of the difference based upon the revenues projected at latest state revenue estimating
39-27	conference pursuant to chapter 16 of title 35 as reported by the chairperson of that conference.
39-28	(e) Whenever a transfer has been made pursuant to subsection (d), that transfer shall be
39-29	considered as estimated general revenues for the purposes of determining the amount to be
39-30	transferred to the Rhode Island Capital Plan fund for the purposes of subsection 35-3-20.1(b).
39-31	(f) Whenever a transfer has been made pursuant to subsection (d), the amount of the
39-32	transfer shall be transferred to the Rhode Island Capital Plan fund from funds payable into the
39-33	general revenue fund pursuant to § 35-3-20.1 in the fiscal year following the fiscal year in which
39-34	the transfer was made, except that in fiscal year 2010 there shall be no repayment of the amount
40-1	transferred, and the repayment shall be made in fiscal year 2011.
40-2	SECTION 2. This article shall take effect upon passage.
40-3	ARTICLE 4
40-4	RELATING TO FEES AND FINES
40-5	SECTION 1. Sections 3-8-6 and 3-8-6.1 of the General Laws in Chapter 3-8 entitled
40-6	“Regulation of Sales” are hereby amended to read as follows:
40-7	3-8-6. Unlawful drinking and misrepresentation by underage persons –
40-8	Identification cards for persons twenty-one and older. -- (a) It is unlawful for:
40-9	(1) A person who has not reached his or her twenty-first (21st) birthday to enter any
40-10	premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or
40-11	having served or delivered to him or her alcoholic beverages; or
40-12	(2) A person who has not reached his or her twenty-first (21st) birthday to consume any
40-13	alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase,
40-14	attempt to purchase, or have another purchase for him or her any alcoholic beverage; or
40-15	(3) A person to misrepresent or misstate his or her age, or the age of any other persons,
40-16	or to misrepresent his or her age through the presentation of any of the following documents:
40-17	(i) An armed service identification card, valid passport, the identification card license,
40-18	or any other documentation used for identification purposes that may belong to any other person
40-19	who is twenty-one (21) years or older;
40-20	(ii) A motor vehicle operator's license which bears the date of birth of the licensee, and
40-21	which is issued by this state or any other state;
40-22	(iii) A Rhode Island identification card as defined in subsection (b) for the purpose of
40-23	inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic
40-24	beverage to a minor.
40-25	(b) The administrator of the division of motor vehicles shall issue to any person who
40-26	has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon
40-27	payment of a fee of ~~fifteen dollars ($15)~~ twenty five dollars ($25), and, upon presentation of a
40-28	certified birth or baptismal certificate, or U.S. or foreign passport, or U.S. naturalization
40-29	certificate or a valid immigrant or refugee document issued by the United States immigration and
40-30	naturalization service, including, but not limited to, any one of the following: Form I-551, Form
40-31	I-94, Form I-688A, and Form I-688, together with a document bearing the applicant's signature.
40-32	(2) A person who has reached his or her fifty ninth (59th) birthday is not required to
40-33	pay the fee.
40-34	(3) Each registration card shall be subject to renewal every five (5) years upon payment
41-1	of a fee of ~~fifteen dollars ($15)~~ twenty five dollars ($25).
41-2	(4) No person who holds an operator's license issued by this state or any other state
41-3	shall be issued a Rhode Island identification card.
41-4	(5) The identification card shall be signed by the administrator of the division of motor
41-5	vehicles and by the applicant and his or her picture shall appear on the card along with the
41-6	required information and the card shall be encased in laminated plastic. The card shall be two
41-7	inches (2") in height and four inches (4") in length and shall be printed in the following form:
41-8	RHODE ISLAND IDENTIFICATION CARD
41-9	Date Issued No. . . . . . .
41-10	First Name Middle Name Last Name
41-11	)
41-12	Address
41-13	)
41-14	BIRTH RECORD
41-15	Month Day . . . . . . . . . . Year . . . . . . . . .
41-16	Secure Color Color Sex Ht. Wt.
41-17	Photo of hair of eyes
41-18	by Pasting
41-19	here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41-20	Issued by
41-21	Administrator of the Division of Motor Vehicles
41-22	Administrator
41-23	(6) The identification cards shall be produced at the adult correctional institutions if
41-24	they have facilities to do so; if the adult correctional institutions have no facilities to do so, then
41-25	all cards shall be manufactured by the lowest responsible bidder following advertisement for the
41-26	solicitation of bids.
41-27	(7) The identification cards shall be clearly distinguishable from those issued pursuant
41-28	to § 3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31.
41-29	(8) Any person who has been designated as permanently and totally disabled by the
41-30	social security administration or who upon certification by an optometrist, ophthalmologist or
41-31	physician that a holder of a valid and current motor vehicle operator's license is no longer able to
41-32	operate a motor vehicle, the administrator of the division of motor vehicles shall issue to such
41-33	person, upon request, a Rhode Island identification card for the unexpired term of such person's
41-34	motor vehicle operator's license at no additional cost. Thereafter, a renewal of such card shall be
42-1	subject to the standard renewal charge of ~~fifteen dollars ($15)~~ twenty-five dollars ($25) until such
42-2	person shall reach his or her fifty-ninth (59th) birthday.
42-3	(c)(1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or
42-4	photographic reproduction equipment which provides the same information as required by the
42-5	book. That licensee and/or the licensee's employee shall require any person who has shown a
42-6	document as set forth in this section substantiating his or her age to sign that book or to permit the
42-7	taking of his or her photograph and indicate what document was presented. Use of the
42-8	photographic reproduction equipment is voluntary for every Class A, B, C and D licensee.
42-9	(2) The sign-in as minor book and photographic reproduction equipment shall be
42-10	prescribed, published, and approved at the direction and control of the division. The book shall
42-11	contain at least four hundred (400) pages, shall be uniform throughout the state, and shall be
42-12	distributed at a cost not to exceed seven dollars ($7).
42-13	(3) If a person whose age is in question signs the sign-in as minor book or has a
42-14	photograph taken before he or she is sold any alcoholic beverage and it is later determined that
42-15	the person had not reached his or her twenty-first (21st) birthday at the time of sale, it is
42-16	considered prima facie evidence that the licensee and/or the licensee's agent or servant acted in
42-17	good faith in selling any alcoholic beverage to the person producing the document as set forth in
42-18	this section misrepresenting his or her age.
42-19	(4) Proof of good faith reliance on any misrepresentation is a defense to the prosecution
42-20	of the licensee and/or the licensee's agent or servant for an alleged violation of this section.
42-21	(d)(1) Any person who violates this section shall be punished for the first offense by a
42-22	mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars
42-23	($500) and shall be further punished by thirty (30) hours of community service and shall be
42-24	further punished by a suspension of his or her motor vehicle operator's license or driving
42-25	privileges for a period of thirty (30) days; for the second offense by a mandatory fine of not less
42-26	than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be
42-27	further punished by forty (40) hours of community service and will be further punished by a
42-28	suspension of his or her motor vehicle operator's license or driving privileges for a period of three
42-29	(3) months; and for the third and subsequent offenses by a mandatory fine for each offense of not
42-30	less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall
42-31	be further punished by fifty (50) hours of community service and will be further punished by a
42-32	suspension of his or her motor vehicle operator's license or driving privileges for a period of one
42-33	year.
42-34	(2) Any suspension of an operator's license or driving privilege pursuant to this section
43-1	shall not operate to affect the insurance rating of the offender and any operator's license or
43-2	driving privilege suspended pursuant to this section shall be reinstated without further expense
43-3	upon application.
43-4	(e) Within thirty (30) days after this incident the police chief of the city or town where
43-5	the incident took place is directed to inform, in writing, the department of business regulation
43-6	whether or not charges in accordance with this section have been preferred against a person who
43-7	has not reached his or her twenty-first (21st) birthday and has violated this section. If no charge is
43-8	brought against any person who has not reached his or her twenty-first (21st) birthday and has
43-9	violated the provisions of this section, then the police chief of the city or town where the incident
43-10	took place will state the reason for his or her failure to charge the person who has not reached his
43-11	or her twenty-first (21st) birthday.
43-12	(f) The Rhode Island identification card may be withdrawn at any time for just cause, at
43-13	the discretion of the administrator of the division of motor vehicles. The administrator of the
43-14	division of motor vehicles shall keep a record of the cards issued and each card shall contain an
43-15	identification number specifically assigned to the person to whom the card was issued.
43-16	3-8-6.1. Identification cards for persons under the age of 21. -- (a) (1) The
43-17	administrator of the division of motor vehicles shall issue to any person upon request, who is
43-18	under twenty-one (21) years of age, an identification card upon payment of a fee of ~~fifteen dollars~~
43-19	~~($15.00)~~ twenty-five dollars ($25.00), and, upon presentation of a certified birth or baptismal
43-20	certificate, or U.S. or foreign passport, or U.S. naturalization certificate, or a valid immigrant or
43-21	refugee document issued by the United States immigration and naturalization service including,
43-22	but not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, and Form I-
43-23	688, together with a document bearing the applicant's signature. No person who holds an
43-24	operator's license, issued by this state or any other state, shall be issued an identification card.
43-25	(2) The identification card shall be subject to renewal every five (5) years upon the
43-26	payment of a fee of ~~fifteen dollars ($15.00)~~ twenty-five dollars ($25.00).
43-27	(3) The identification card shall be signed by the administrator of the division of motor
43-28	vehicles and also by the applicant, and his or her picture shall appear on the card along with the
43-29	required information and the card shall be encased in laminated plastic. The card shall be two
43-30	inches (2") in height and four inches (4") in length and shall be printed in the following form:
43-31	IDENTIFICATION CARD
43-32	Date Issued ............ No. . . . . . .
43-33	First Name Middle Name Last Name .............................................................................
43-34	Address .............................................................................
44-1	BIRTH RECORD
44-2	Month ............ Day . . . . . . . . . Year . . . . . . . . .
44-3	Secure Color Color Sex Ht. Wt.
44-4	Photo of hair of eyes
44-5	by Pasting
44-6	here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44-7	Issued by
44-8	Administrator of the Division of Motor Vehicles ............ ............ ............
44-9	Administrator
44-10	(4) The identification cards shall be produced at the adult correctional institution if they
44-11	have facilities to do so; if the adult correctional institutions have no facilities to do so, then all
44-12	cards shall be manufactured by the lowest responsible bidder following advertisement for the
44-13	solicitation of bids.
44-14	(5) The identification cards shall be clearly distinguishable from those issued pursuant to
44-15	section 3-8-6 and operators' and chauffeurs' licenses issued pursuant to title 31.
44-16	(b) The identification card may be withdrawn at any time for just cause, at the discretion
44-17	of the administrator of the division of motor vehicles. The administrator of the division of motor
44-18	vehicles shall keep a record of the cards issued and each card shall contain an identification
44-19	number specifically assigned to the person to whom the card was issued.
44-20	SECTION 2. Section 31-3.1-38 of the General Laws in Chapter 31-3.1 entitled
44-21	“Certification of Title and Security Interests” is hereby amended to read as follows:
44-22	31-3.1-38. Effective dates – Applicability. -- This chapter shall apply to all model
44-23	vehicles designated as ~~1973~~ 2001 models and all subsequent model year vehicles. All vehicles
44-24	designated as model years prior to ~~1973~~ 2001 shall be excluded from these provisions, provided
44-25	that no title certificate shall be required once a vehicle is ~~ten (10)~~ twenty (20) years old.
44-26	SECTION 3. Section 31-5-8 of the General Laws in Chapter 31-5 entitled “Dealers’,
44-27	Manufacturers’ and Rental Licenses” is hereby amended to read as follows:
44-28	31-5-8. License fee. -- The license fee for each year shall be as follows: the fee for the
44-29	license to each motor vehicle dealer shall be ~~one hundred dollars ($100)~~ three hundred dollars
44-30	($300) plus a fee in like amount for each office or branch.
44-31	SECTION 4. Section 31-5-22 of the General Laws in Chapter 31-5 entitled “Dealers’,
44-32	Manufacturers’, and Rental Licenses” is hereby amended to read as follows:
44-33	31-5-22. Application for license – Fee – Expiration. -- (a) Any person desiring to be
44-34	licensed as a manufacturer, factory representative, or distributor shall apply to the department of
45-1	revenue upon a form containing any information that the department shall require. The
45-2	department may require with the application or, otherwise, information relating to the applicant's
45-3	solvency, his or her financial standing, or other pertinent matter commensurate with the
45-4	safeguarding of the public interest, all of which may be considered by the department in
45-5	determining the fitness of the applicant to engage in the business for which the applicant desires
45-6	the license.
45-7	(b) Each application of a factory representative shall be accompanied by a fee of ~~forty~~
45-8	~~dollars ($40)~~ one hundred dollars ($100). Each application of a manufacturer or distributor shall
45-9	be accompanied by a fee of ~~two hundred dollars ($200)~~ three hundred dollars ($300).
45-10	(c) All licenses shall be granted or refused within thirty (30) days after the application
45-11	is filed and shall expire, unless revoked or suspended before that time, on December 31st of the
45-12	calendar year for which they are granted.
45-13	SECTION 5. Section 31-6-1 of the General Laws in Chapter 31-6 entitled “Registration
45-14	Fees” is hereby amended to read as follows:
45-15	31-6-1. Amount of registration and miscellaneous fees. -- (a) The following
45-16	registration fees shall be paid to the division of motor vehicles for the registration of motor
45-17	vehicles, trailers, semi-trailers, and school buses subject to registration for each year of
45-18	registration:
45-19	(1) For the registration of every automobile, when equipped with pneumatic tires, the
45-20	gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30).
45-21	(2) For the registration of every motor truck or tractor when equipped with pneumatic
45-22	tires, the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty-four
45-23	dollars ($34).
45-24	(3) For the registration of every automobile, motor truck or tractor, when equipped with
45-25	pneumatic tires, the gross weight of which is:
45-26	(i) More than four thousand pounds (4,000 lbs.), but not more than five thousand
45-27	pounds (5,000 lbs.): forty dollars ($40);
45-28	(ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds
45-29	(6,000 lbs.): forty-eight dollars ($48);
45-30	(iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand
45-31	pounds (7,000 lbs.): fifty-six dollars ($56);
45-32	(iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand
45-33	pounds (8,000 lbs.): sixty-four dollars ($64);
45-34	(v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand
46-1	pounds (9,000 lbs.): seventy dollars ($70);
46-2	(vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand
46-3	pounds (10,000 lbs.): seventy-eight dollars ($78);
46-4	(vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand
46-5	pounds (12,000 lbs.): one hundred six dollars ($106);
46-6	(viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen
46-7	thousand pounds (14,000 lbs.): one hundred twenty-four dollars ($124);
46-8	(ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen
46-9	thousand pounds (16,000 lbs.): one hundred forty dollars ($140);
46-10	(x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen
46-11	thousand pounds (18,000 lbs.): one hundred fifty-eight dollars ($158);
46-12	(xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty
46-13	thousand pounds (20,000 lbs.): one hundred seventy-six dollars ($176);
46-14	(xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two
46-15	thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194);
46-16	(xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-
46-17	four thousand pounds (24,000 lbs.): two hundred ten dollars ($210);
46-18	(xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-
46-19	six thousand pounds (26,000 lbs.): two hundred thirty dollars ($230);
46-20	(xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-
46-21	eight thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296);
46-22	(xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty
46-23	thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316);
46-24	(xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two
46-25	thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422);
46-26	(xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-
46-27	four thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448);
46-28	(xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six
46-29	thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476);
46-30	(xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight
46-31	thousand pounds (38,000 lbs.): five hundred and two dollars ($502);
46-32	(xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty
46-33	thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528);
46-34	(xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two
47-1	thousand pounds (42,000 lbs.): five hundred and fifty-four dollars ($554);
47-2	(xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six
47-3	thousand pounds (46,000 lbs.): six hundred and eight dollars ($608);
47-4	(xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty
47-5	thousand pounds (50,000 lbs.): six hundred and sixty dollars ($660);
47-6	(xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four
47-7	thousand pounds (54,000 lbs.): seven hundred and twelve dollars ($712);
47-8	(xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight
47-9	thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768);
47-10	(xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-
47-11	two thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816);
47-12	(xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six
47-13	thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876);
47-14	(xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy
47-15	thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924);
47-16	(xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four
47-17	thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972);
47-18	(xxxi) Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two
47-19	dollars ($972), plus twenty-four dollars ($24) per two thousand pounds (2,000 lbs.) gross weight.
47-20	(4) For the registration of every semi-trailer to be used with a truck-tractor as defined in
47-21	§ 31-1-4(a) shall be as follows annual fee of twelve dollars ($12) for a one year registration, for
47-22	multi-year registrations the fee of fifty dollars ($50) for a five (5) year registration and eighty
47-23	dollars ($80) for an eight (8) year registration. However, when in use the weight of the resulting
47-24	semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of the
47-25	original semi-trailer unit from which the gross weight of the tractor was determined. A
47-26	registration certificate and registration plate shall be issued for each semi-trailer so registered.
47-27	There shall be no refund of payment of such fee, except that when a plate is returned prior to
47-28	ninety (90) days before the effective date of that year's registration, the pro rate amount, based on
47-29	the unused portion of the multi-year registration plate period at time of surrender, shall be
47-30	refunded. A multi-year semi-trailer registration may be transferred to another semi-trailer subject
47-31	to the provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer
47-32	registration fee shall be retained by the division of motor vehicles to defray the costs of
47-33	implementation of the international registration plan (IRP) and fleet registration section.
47-34	(5) For the registration of every automobile, motor truck, or tractor, when equipped
48-1	with other than pneumatic tires, there shall be added to the above gross weight fees a charge of
48-2	ten cents (10¢) for each one hundred (100) pounds of gross weight.
48-3	(6) For the registration of every public bus, the rates provided for motor vehicles for
48-4	hire plus two dollars ($2) for each passenger which that bus is rated to carry, the rating to be
48-5	determined by the administrator of the division of motor vehicles.
48-6	(7) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars
48-7	($13). Three dollars ($3) from that sum shall be turned over to the department of education to
48-8	assist in the payment of the cost of the motorcycle driver's education program as enumerated in §
48-9	31-10.1-1.1.
48-10	(8) For the registration of every trailer not including semi-trailers used with a truck-
48-11	tractor as defined in § 31-1-4(a), with a gross weight of three thousand pounds (3,000 lbs.) or
48-12	less, five dollars ($5). Trailers with a gross weight of more than three thousand pounds (3,000
48-13	lbs.) shall be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds
48-14	(1,000 lbs.).
48-15	(9) The annual registration fee for a motor vehicle, commonly described as a boxcar
48-16	and/or locomotive, and used only by la societe des 40 hommes et 8 chevaux for civic
48-17	demonstration, parades, convention purposes or social welfare work, shall be two dollars ($2).
48-18	(10) For the registration of every motor vehicle, trailer, or semi-trailer owned by any
48-19	department or agency of any city or town or district, provided the name of the city or town or
48-20	district or state department or agency owning the same shall be plainly printed on two (2) sides of
48-21	the vehicle, two dollars ($2).
48-22	(11) For the registration of motor vehicles used for racing, fifteen dollars ($15).
48-23	(12) For every duplicate registration certificate, seventeen dollars ($17).
48-24	(13) For every certified copy of a registration certificate or application, ten dollars
48-25	($10).
48-26	(14) For every certificate assigning a special identification number or mark as provided
48-27	in § 31-3-37, one dollar ($1).
48-28	(15) For every replacement of number plates or additional pair of number plates,
48-29	without changing the number, thirty dollars ($30).
48-30	(16) For the registration of every farm vehicle, used in farming as provided in § 31-3-
48-31	31, ten dollars ($10).
48-32	(17) For the registration of antique motor vehicles, five dollars ($5).
48-33	(18) For the registration of a suburban vehicle, when used as a pleasure vehicle and the
48-34	gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as
49-1	charged in subdivision (1) of this subsection shall be applicable and when used as a commercial
49-2	vehicle and the gross weight of which is not more than four thousand pounds (4,000 lbs.), the
49-3	same rates as provided in subdivision (2) of this subsection shall be applicable. The rates in
49-4	subdivision (3) of this subsection shall be applicable when the suburban vehicle has a gross
49-5	weight of more than four thousand pounds (4,000 lbs.), regardless of the use of the vehicle.
49-6	(19) For the registration of every motor bus which is used exclusively under contract
49-7	with a political subdivision or school district of the state for the transportation of school children,
49-8	~~three dollars ($3)~~ twenty-five dollars ($25) provided that the motor bus may also be used for the
49-9	transportation of persons to and from church and Sunday school services, and for the
49-10	transportation of children to and from educational or recreational projects sponsored by a city or
49-11	town or by any association or organization supported wholly or in part by public or private
49-12	donations for charitable purposes, without the payment of additional registration fee.
49-13	(20) For the registration of every motorized bicycle, ten dollars ($10).
49-14	(21) For the registration of every motorized tricycle, ten dollars ($10).
49-15	(22) For the replacement of number plates with a number change, twenty dollars ($20).
49-16	(23) For the initial issuance and each reissuance of fully reflective plates as required by
49-17	§§ 31-3-10 and 31-3-32, an additional six dollars ($6).
49-18	(24) For the issuance of a trip permit under the International Registration Plan, twenty-
49-19	five dollars ($25) per vehicle. The division of motor vehicles is authorized to issue seventy-two
49-20	(72) hour trip permits for vehicles required to be registered in the International Registration Plan
49-21	that have not been apportioned with the state of Rhode Island.
49-22	(25) For the issuance of a hunter's permit under the International Registration Plan,
49-23	twenty-five dollars ($25) per vehicle. The division of motor vehicles is authorized to issue
49-24	hunter's permits for motor vehicles based in the state of Rhode Island and otherwise required to
49-25	be registered in the International Registration Plan. These permits are valid for thirty (30) days.
49-26	(26) For the registration of a specially adapted motor vehicle necessary to transport a
49-27	family member with a disability for personal, noncommercial use, a fee of thirty dollars ($30)
49-28	assessed.
49-29	(b) In the event that the registrant voluntarily cancels his registration within the period
49-30	of registration, the division of motor vehicles shall refund only that portion of the fee paid which
49-31	represents full-year segments of the registration fee paid.
49-32	SECTION 6. Sections 31-10-22 and 31-10-31 of the General Laws in Chapter 31-10
49-33	entitled “Operators’ and Chauffeurs’ Licenses” are hereby amended to read as follows:
49-34	31-10-22. Road test. -- All applicants for a motor vehicle license shall pass a motor
50-1	vehicle road test as prescribed by the administrator of the division of motor vehicles in a motor
50-2	vehicle supplied by the applicant or in a dual controlled motor vehicle supplied by the state. In the
50-3	case of the examination for a chauffeur to operate a truck, tractor, trailer, tractor semi-trailer, bus,
50-4	or other vehicle for hire or a person who will operate only a vehicle equipped with automatic shift
50-5	or a person who is disabled and requires the use of a specially equipped motor vehicle, those
50-6	persons shall be examined in vehicles furnished by them. At the option of any person who is
50-7	disabled, the road test shall be administered by the local office of the division of motor vehicles
50-8	nearest that person's home. A fee of twenty five dollars ($25) shall be charged for all road tests,
50-9	including repeat road tests, following failure of a road test.
50-10	31-10-31. Fees. -- The following fees shall be paid to the division of motor vehicles:
50-11	(1) For every operator's first license to operate a motor vehicle, twenty-five dollars
50-12	($25);
50-13	(2) For every chauffeur's first license, twenty-five dollars ($25); provided, that when a
50-14	Rhode Island licensed operator transfers to a chauffeur's license, the fee for the transfer shall be
50-15	two dollars ($2);
50-16	(3) For every learner's permit to operate a motorcycle, twenty-five dollars ($25);
50-17	(4) For every operator's first license to operate a motorcycle, twenty-five dollars ($25);
50-18	(5) For every renewal of an operator's or chauffeur's license, thirty dollars ($30); with
50-19	the exception of any person seventy-five (75) years of age or older for whom the renewal fee will
50-20	be eight dollars ($8);
50-21	(6) For every duplicate operator's or chauffeur's license, twenty-five dollars ($25);
50-22	~~(7) For every road test, other than the road test included in the first license examination,~~
50-23	~~two dollars ($2);~~
50-24	~~(8)~~(7) For every certified copy of any license, permit, or application issued under this
50-25	chapter, ten dollars ($10);
50-26	~~(9)~~(8) For every duplicate instruction permit, ten dollars ($10);
50-27	~~(10)~~(9) For every first license examination, five dollars ($5);
50-28	~~(11)~~(10) For every routine information update, i.e., name change or address change,
50-29	five dollars ($5).
50-30	~~(12)~~(11) For surrender of an out-of-state license, in addition to the above fees, five
50-31	dollars ($5).
50-32	SECTION 7. Section 31-24-31 of the General Laws in Chapter 31-24 entitled “Lighting
50-33	Equipment and Reflectors” is hereby amended to read as follows:
50-34	31-24-31. Flashing lights -- Forward viewing or rotary beam lights. – (a) Flashing lights
51-1	are prohibited, except on an authorized emergency vehicle, school bus, snow removal equipment,
51-2	or on any vehicle as a means for indicating a right or left turn. However, the requirements of §
51-3	31-24-33 shall be deemed to be satisfied if the vehicle is equipped with lamps at the front
51-4	mounted at the same level, displaying simultaneously flashing white or amber lights, and at the
51-5	rear mounted at the same level, and displaying simultaneously flashing red lights, all of which
51-6	lights shall be visible from a distance of not less than five hundred feet (500').
51-7	(b) Forward viewing or rotating beam lights may be installed on and shall be restricted
51-8	to the following categories of vehicles, and these lights shall be of color designated:
51-9	(1) Emergency response vehicles of any fire, rescue, or ambulance department, fire
51-10	chiefs, assistant fire chiefs, deputy chiefs, captains; any privately owned vehicle of any authorized
51-11	volunteer member of a fire, rescue, or ambulance department; emergency management agency
51-12	directors, assistant directors, assistant medical examiners and/or forensic pathologists of the
51-13	office of state medical examiners; rescue vehicles, emergency response vehicles of the
51-14	department of environmental management and the division of state fire marshal; school buses;
51-15	hospital emergency response vehicles; and two (2) American Red Cross disaster vehicles: Red,
51-16	white and/or alternating flashing white;
51-17	(2) Wrecker trucks, service station trucks, state and town safety and maintenance
51-18	vehicles; snowplows and tractors; light company trucks, telephone company trucks, water
51-19	company trucks, oil company trucks, and other utilities' trucks; vehicles of television, radio and
51-20	press photographers; rural mail carriers; all motor-propelled vehicles owned by the Northern
51-21	Rhode Island REACT (radio emergency associated citizens team); all motor-propelled vehicles
51-22	owned by or under contract to the Rhode Island department of transportation when on official
51-23	state business; and vehicles marking the beginning and end of funeral processions: Amber,
51-24	provided, however, that wrecker and transportation vehicles operated pursuant to a public utilities
51-25	commission license, and roadside assistance vehicles of any type operated for that purpose by the
51-26	American Automobile Association shall be permitted to use flashing amber lights at the front and
51-27	rear of the vehicle, to be activated only in the course of providing assistance to or transportation
51-28	for a disabled vehicle. A fee of twenty-five dollars ($25) shall be charged for the issuance of a
51-29	flashing lights permit to every vehicle identified in this subsection, with the exception of flashing
51-30	lights permits issued to state and town safety and maintenance vehicles, which shall not be
51-31	charged a fee.
51-32	(3) Police units, state and local: Center rotating beam lights: Blue or red; Outboard
51-33	mounted lights: Blue or red.
51-34	(4) Violations of this section are subject to fines enumerated in § 31-41.1-4.
52-1	SECTION 8. Section 42-28-37 of the General Laws in Chapter 42-28 entitled “State
52-2	Police” is hereby amended to read as follows:
52-3	42-28-37. Accident reports – Fee. -- The state police, upon written request, shall furnish
52-4	to any person involved in an accident or his or her legal representative a copy of the official state
52-5	police report of the investigation of the accident. A fee of ~~ten dollars ($10.00)~~ fifteen dollars
52-6	($15.00) shall accompany each written request. All fees collected pursuant to this section shall be
52-7	deposited as general revenues.
52-8	SECTION 9. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled
52-9	"Licensing of Health Care Facilities" is hereby amended to read as follows:
52-10	23-17-38.1. Hospitals -- Licensing fee. -- (a) There is also imposed a hospital licensing
52-11	fee at the rate of five and four hundred seventy-three thousandths percent (5.473%) upon the net
52-12	patient services revenue of every hospital for the hospital's first fiscal year ending on or after
52-13	January 1, 2007. This licensing fee shall be administered and collected by the tax administrator,
52-14	division of taxation within the department of administration, and all the administration, collection
52-15	and other provisions of chapters 50 and 51 of title 14 shall apply. Every hospital shall pay the
52-16	licensing fee to the tax administrator on or before July 13, 2009 and payments shall be made by
52-17	electronic transfer of monies to the general treasurer and deposited to the general fund in
52-18	accordance with section 44-50-11. Every hospital shall, on or before June 15, 2009, make a return
52-19	to the tax administrator containing the correct computation of net patient services revenue for the
52-20	hospital fiscal year ending September 30, 2007, and the licensing fee due upon that amount. All
52-21	returns shall be signed by the hospital's authorized representative, subject to the pains and
52-22	penalties of perjury.
52-23	(b) There is also imposed a hospital licensing fee at the rate of ~~five and two hundred~~
52-24	~~thirty-seven thousandths percent (5.237%)~~ five and two hundred seventy-six thousandths percent
52-25	(5.276%) upon the net patient services revenue of every hospital for the hospital's first fiscal year
52-26	ending on or after January 1, 2008. This licensing fee shall be administered and collected by the
52-27	tax administrator, division of taxation within the department of administration, and all the
52-28	administration, collection and other provisions of chapters 50 and 51 of title 14 shall apply. Every
52-29	hospital shall pay the licensing fee to the tax administrator on or before July 12, 2010 and
52-30	payments shall be made by electronic transfer of monies to the general treasurer and deposited to
52-31	the general fund in accordance with section 44-50-11. Every hospital shall, on or before June 14,
52-32	2010, make a return to the tax administrator containing the correct computation of net patient
52-33	services revenue for the hospital fiscal year ending September 30, 2007, and the licensing fee due
52-34	upon that amount. All returns shall be signed by the hospital's authorized representative, subject
53-1	to the pains and penalties of perjury.
53-2	(c) For purposes of this section the following words and phrases have the following
53-3	meanings:
53-4	(1) "Hospital" means a person or governmental unit duly licensed in accordance with this
53-5	chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and
53-6	primary bed inventory are psychiatric.
53-7	(2) "Gross patient services revenue" means the gross revenue related to patient care
53-8	services.
53-9	(3) "Net patient services revenue" means the charges related to patient care services less
53-10	(i) charges attributable to charity care, (ii) bad debt expenses, and (iii) contractual allowances.
53-11	(d) The tax administrator shall make and promulgate any rules, regulations, and
53-12	procedures not inconsistent with state law and fiscal procedures that he or she deems necessary
53-13	for the proper administration of this section and to carry out the provisions, policy and purposes
53-14	of this section.
53-15	(e) The licensing fee imposed by this section shall be in addition to the inspection fee
53-16	imposed by section 23-17-38 and to any licensing fees previously imposed in accordance with
53-17	section 23-17-38.1.
53-18	SECTION 10. Section 8 of this article shall take effect as of May 1, 2010. Section 9 of
53-19	this article shall take effect upon passage. The remainder of this article shall take effect as of July
53-20	1, 2010.
53-21	ARTICLE 5
53-22	RELATING TO MENTAL HEALTH LAW
53-23	SECTION 1. Section 40.1-5-26 of the General Laws in Chapter 40.1-5 entitled "Mental
53-24	Health Law" is hereby amended to read as follows:
53-25	40.1-5-26. Disclosure of confidential information and records. -- (a) The fact of
53-26	admission or certification and all information and records compiled, obtained, or maintained in
53-27	the course of providing services to persons under this chapter shall be confidential.
53-28	(b) Information and records may be disclosed only:
53-29	(1) To any person, with the written consent of the patient or his or her guardian.
53-30	(2) In communications among qualified medical or mental health professionals in the
53-31	provision of services or appropriate referrals, or in the course of court proceedings. The consent
53-32	of the patient, or his or her guardian, must be obtained before information or records may be
53-33	disclosed by a professional person employed by a facility to a professional person not employed
53-34	by the facility who does not have the medical responsibility for the patient's care.
54-1	(3) When the person receiving services, or his or her guardian, designates persons to
54-2	whom information or records may be released, or if the person is a minor, when his or her parents
54-3	or guardian makes the designation.
54-4	(4) To the extent necessary for a recipient to make a claim, or for a claim to be made on
54-5	behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.
54-6	(5) To proper medical authorities for the purpose of providing emergency medical
54-7	treatment where the person's life or health are in immediate jeopardy.
54-8	(6) For program evaluation and/or research, provided that the director adopts rules for the
54-9	conduct of the evaluations and/or research. The rules shall include, but need not be limited to, the
54-10	requirement that all evaluators and researchers must sign an oath of confidentiality, agreeing not
54-11	to divulge, publish, or otherwise make known, to unauthorized persons or the public, any
54-12	information obtained in the course of the evaluation or research regarding persons who have
54-13	received services such that the person who received the services is identifiable.
54-14	(7) To the courts and persons designated by judges thereof in accordance with applicable
54-15	rules of procedure. The records and files maintained in any court proceeding pursuant to this
54-16	chapter shall be confidential and available only to the person who was the subject of the
54-17	proceeding or his or her attorney.
54-18	(8) To the state medical examiner in connection with the investigation of a fatality of a
54-19	current or former patient to the extent necessary to assist the medical examiner in determining the
54-20	cause of death.
54-21	(9) To the director of health in accordance with and to the extent authorized by the
54-22	provisions of chapter 37.3 of title 5 and all applicable federal laws and regulations; provided,
54-23	however, that with respect to any information obtained, the department complies with all state
54-24	and federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 and
54-25	specifically section 5-37.3-4(c), and that the name or names of the patient or patients who is or
54-26	are determined by the director of health to be immaterial to the request, inquiry or investigation
54-27	remain unidentifiable. Any treatment facility, which provides information to the director of health
54-28	in accord with a request under this subsection is not liable for wrongful disclosure arising out of
54-29	any subsequent disclosure by the director of health.
54-30	(10) To a probate court of competent jurisdiction, petitioner, respondent, and/or their
54-31	attorneys, when the information is contained within a decision-making assessment tool which
54-32	conforms to the provisions of section 33-15-47.
54-33	(11) To the department of children, youth, and families and/or the department's
54-34	contracted designee for the purpose of facilitating effective care planning pursuant to section 42-
55-1	72-5.2(2) and in accordance with applicable state and federal laws, for ~~children~~ a child
55-2	hospitalized for psychiatric services and such ~~placement is supported by the department~~ services
55-3	are paid for in whole or in part by the state, or for a child who may be discharged from an acute
55-4	care facility to an out-of-home ~~placement supported by the department, for the purpose of~~
55-5	~~effective care planning~~ mental or behavioral health agency for services and when such services
55-6	will be paid for in whole or in part by the state.
55-7	(12) To the RIte Care health plans for any child enrolled in RIte Care.
55-8	SECTION 2. This article shall take effect upon passage.
55-9	ARTICLE 6
55-10	RELATING TO WIC PROGRAM
55-11	SECTION 1. Section 42-7.2-6.1 of the General Laws in Chapter 42-7.2 entitled “Office
55-12	of Health and Human Services” is hereby amended to read as follows:
55-13	42-7.2-6.1. Transfer of powers and functions. -- (a) There are hereby transferred to the
55-14	executive office of health and human services the powers and functions of the departments with
55-15	respect to the following:
55-16	(1) By July 1, 2007, fiscal services including budget preparation and review, financial
55-17	management, purchasing and accounting and any related functions and duties deemed necessary
55-18	by the secretary;
55-19	(2) By July 1, 2007, legal services including applying and interpreting the law, oversight
55-20	to the rule-making process, and administrative adjudication duties and any related functions and
55-21	duties deemed necessary by the secretary;
55-22	(3) By September 1, 2007, communications including those functions and services related
55-23	to government relations, public education and outreach and media relations and any related
55-24	functions and duties deemed necessary by the secretary;
55-25	(4) By March 1, 2008, policy analysis and planning including those functions and
55-26	services related to the policy development, planning and evaluation and any related functions and
55-27	duties deemed necessary by the secretary;
55-28	(5) By June 30, 2008, information systems and data management including the financing,
55-29	development and maintenance of all data-bases and information systems and platforms as well as
55-30	any related operations deemed necessary by the secretary;
55-31	(6) By October 1, 2009, assessment and coordination for long-term care including those
55-32	functions related to determining level of care or need for services, development of individual
55-33	service/care plans and planning, identification of service options, the pricing of service options
55-34	and choice counseling; and
56-1	(7) By October 1, 2009, program integrity, quality control and collection and recovery
56-2	functions including any that detect fraud and abuse or assure that beneficiaries, providers, and
56-3	third-parties pay their fair share of the cost of services, as well as any that promote alternatives to
56-4	publicly financed services, such as the long-term care health insurance partnership.
56-5	(8) By January 1, 2011, client protective services including any such services provided to
56-6	children, elders and adults with developmental and other disabilities;
56-7	~~(9) By March 1, 2010, administrative management of food and nutritional services~~
56-8	~~including food stamps, WIC and any other such programs or initiatives in which operational~~
56-9	~~efficiencies that improve access may be achieve through greater consolidation or coordination of~~
56-10	~~functions.~~
56-11	(b) The secretary shall determine in collaboration with the department directors whether
56-12	the officers, employees, agencies, advisory councils, committees, commissions, and task forces of
56-13	the departments who were performing such functions shall be transferred to the office.
56-14	(c) In the transference of such functions, the secretary shall be responsible for ensuring:
56-15	(1) Minimal disruption of services to consumers;
56-16	(2) Elimination of duplication of functions and operations;
56-17	(3) Services are coordinated and functions are consolidated where appropriate;
56-18	(4) Clear lines of authority are delineated and followed;
56-19	(5) Cost-savings are achieved whenever feasible;
56-20	(6) Program application and eligibility determination processes are coordinated and,
56-21	where feasible, integrated; and
56-22	(7) State and federal funds available to the office and the entities therein are allocated and
56-23	utilized for service delivery to the fullest extent possible.
56-24	(d) Except as provided herein, no provision of this chapter or application thereof shall be
56-25	construed to limit or otherwise restrict the departments of children, youth and families, human
56-26	services, elderly affairs, health, and mental health, retardation, and hospitals from fulfilling any
56-27	statutory requirement or complying with any regulation deemed otherwise valid.
56-28	(e) The secretary shall prepare and submit to the leadership of the house and senate
56-29	finance committees, by no later than January 1, 2010, a plan for restructuring functional
56-30	responsibilities across the departments to establish a consumer centered integrated system of
56-31	health and human services that provides high quality and cost-effective services at the right time
56-32	and in the right setting across the life-cycle.
56-33	SECTION 2. Section 42-18-5 of the General Laws in Chapter 42-18 entitled "Department
56-34	of Health" is hereby amended to read as follows:
57-1	42-18-5. Transfer of powers and functions from department of health. – (a) There are
57-2	hereby transferred to the department of administration:
57-3	(1) Those functions of the department of health which were administered through or with
57-4	respect to departmental programs in the performance of strategic planning as defined in section
57-5	42-11-10(c);
57-6	(2) All officers, employees, agencies, advisory councils, committees, commissions, and
57-7	task forces of the department of health who were performing strategic planning functions as
57-8	defined in section 42-11-10(c); and
57-9	(3) So much of other functions or parts of functions and employees and resources,
57-10	physical and funded, related thereto of the director of health as are incidental to and necessary for
57-11	the performance of the functions transferred by subdivisions (1) and (2).
57-12	(b) There is hereby transferred to the department of human services the administration
57-13	and management of the special supplemental nutrition program for women, infants, and children
57-14	(WIC) and all functions and resources associated therewith.
57-15	SECTION 3. Chapter 42-12 of the General Laws entitled "Department of Human
57-16	Services" is hereby amended by adding thereto the following section:
57-17	42-12-1.4. Transfer of functions from the department of health. – There is hereby
57-18	transferred from the department of health to the department of human services the administration
57-19	and management of the special supplemental nutrition program for women, infants, and children
57-20	(WIC) and all functions and resources associated therewith.
57-21	SECTION 4. Section 1 of this article shall take effect as of March 1, 2010. Sections 2
57-22	and 3 of this article shall take effect as of October 1, 2010.
57-23	ARTICLE 7
57-24	RELATING TO ECONOMIC DEVELOPMENT
57-25	SECTION 1. WHEREAS, The Rhode Island Economic Development Corporation was
57-26	created by the general assembly pursuant to chapter 64 of title 42 of the general laws in order to,
57-27	among other things, promote the retention and expansion of businesses and the creation of jobs in
57-28	Rhode Island; and
57-29	WHEREAS, One of the methods utilized by the Rhode Island Economic Development
57-30	Corporation to help promote and expand businesses in Rhode Island is the use of its quasi-public
57-31	corporation powers to issue bonds and debt and guarantees of debt; and
57-32	WHEREAS, Rhode Island continues to suffer from continuing high unemployment and
57-33	other ill effects from the most recent national recession; and
57-34	WHEREAS, One of Rhode Island's economic development's strategies of continuing to
58-1	optimize its knowledge economy assets such, as the sciences, technology, digital media,
58-2	innovative manufacturing and other technologies, requires adequate access to capital; and
58-3	WHEREAS, Rhode Island companies in growth phases are limited in their ability to
58-4	obtain reasonable credit without access to credit enhancement; and
58-5	WHEREAS, The Rhode Island Economic Development Corporation desires to create a
58-6	loan guarantee and bond program pursuant to which it will be able to guarantee loan repayments
58-7	either directly or through the issuance of its bonds in order to induce lending to companies
58-8	growing their employment in Rhode Island;
58-9	WHEREAS, The Rhode Island Economic Development Corporation seeks to have
58-10	authority pursuant to chapter 18 of title 35 of the general laws to guarantee debts or otherwise
58-11	issue its bonds for this purpose not to exceed one hundred twenty five million dollars
58-12	($125,000,000) in the aggregate of unpaid principal and interest, thereby limiting the contingent
58-13	long-term cost of such program to the state to such maximum amount; and
58-14	WHEREAS, The Rhode Island Economic Development Corporation requests the
58-15	approval of the general assembly prior to undertaking such program; now, therefore be it
58-16	RESOLVED, That the Rhode Island Economic Development Corporation (the
58-17	"corporation") is hereby empowered and authorized pursuant to chapter 18, title 35 of the general
58-18	laws, and notwithstanding any provisions of chapter 64, title 42 of the general laws to the
58-19	contrary, to create the corporation's Job Creation Guaranty Program (the "program") and
58-20	guarantee annual debt service or issue bonds up to an aggregate guaranty or bond obligations of
58-21	the corporation with respect to the program not to exceed one hundred twenty five million dollars
58-22	($125,000,000) in the aggregate;
58-23	RESOLVED, That guaranties or bonds issued by the corporation shall be approved by its
58-24	board of directors, or a committee of the board as so designated by the board, and shall be
58-25	executed by its executive director or any authorized officer of the corporation as authorized in a
58-26	resolution approved by the board of directors of the corporation from time to time in a form the
58-27	corporation may prescribe. The board of directors of the corporation in authorizing any such
58-28	guaranty or bond obligations shall consider and be guided by the following objectives:
58-29	(a) Priority will be given to projects that promptly create permanent, full-time jobs with
58-30	annual wages in excess of two hundred fifty percent (250%) of the then current minimum wage
58-31	earned annually with industry comparable benefits. A full-time job shall mean one in which the
58-32	employee works a minimum of thirty (30) hours per week within this state.
58-33	(b) Any guaranty or bond obligations hereby authorized should leverage capital
58-34	formation to facilitate business development with new and existing companies that will create or
59-1	retain jobs in this state. The documentation reflecting guaranty and bond obligations authorized
59-2	hereby shall contain adequate legal provisions for assuring performance by the borrower of
59-3	creating and retaining new jobs within this state.
59-4	(c) Priority shall be given to guarantees that align with the State’s economic development
59-5	strategy to expand high-wage jobs in knowledge industry growth clusters or with respect to assets
59-6	related thereto.
59-7	(d) Guarantees or loan obligations from the program’s borrower will be collateralized by
59-8	any and all available assets of the borrower and guarantors, where applicable, including
59-9	subordinate collateral positions, cross collateralization with other lenders and collateralized
59-10	guarantees as appropriate.
59-11	(e) Insurances, including hazard and key person life, may be required where appropriate.
59-12	(f) The corporation may utilize such data and retain experts as necessary to assess and
59-13	validate associated guaranty risk, and the corporation may charge borrower reasonable fees for
59-14	the corporation’s guaranty and reimbursement of expenses;
59-15	RESOLVED, that in order assure any payments due on guarantees or bond obligations
59-16	issued by the corporation in connection with the program pursuant to this authorization are made,
59-17	to assure the continued operation and solvency of the corporation for the carrying out of its
59-18	corporate purposes, and except as otherwise set forth in these authorizing resolutions in
59-19	accordance with the provisions of chapter 64, title 42 of the general laws: (i) The corporation
59-20	shall create a reserve fund from which shall be charged any and all expenses of the corporation
59-21	with respect to guarantee or bond obligations of the corporation pursuant to these resolutions
59-22	resulting from a program borrower’s default; and (ii) The corporation shall credit to the reserve
59-23	fund no less than fifty percent (50%) of all program receipts of the corporation including guaranty
59-24	fees, premiums and any other receipts or recoveries from collections received pursuant to the
59-25	corporation’s rights to recover payments as a guarantor; and (iii) To the extent the corporation’s
59-26	obligations as a guarantor or pursuant to its program bond obligations are not satisfied by
59-27	amounts in its guaranty reserve fund, the executive director of the corporation shall annually, on
59-28	or before December 1st, make and deliver to the governor a certificate stating the minimum
59-29	amount, if any, required for the corporation to make payments due on such guarantees. During
59-30	each January session of the general assembly, the governor shall submit to the general assembly,
59-31	as part of the governor’s budget, the total of such sums, if any, required to pay any and all
59-32	obligations of the corporation under such guarantees or bond obligations pursuant to the terms of
59-33	this authorization. All sums appropriated by the general assembly for that purpose, and paid to the
59-34	corporation, if any, shall be utilized by the corporation to make payments due on such guarantees
60-1	or bond obligations. Any recoveries by the corporation of guarantee payments are to be returned
60-2	to the guarantee reserve fund and utilized to reduce any obligation of the state pursuant to any
60-3	guarantees entered into by the corporation;
60-4	RESOLVED, on or before January 1 of each year, the corporation shall issue a report on
60-5	all guarantees issued by the corporation pursuant to this authorization. The report shall include at
60-6	a minimum: a list of each guarantee issued; a description of the borrower on behalf of which the
60-7	guarantee was issued; the lender or lenders that made the loan, and the amount of such loan, to
60-8	such borrower; the amount of principal and interest on each such loan outstanding as of the date
60-9	of such report; a summary of the collateral securing the repayment of such loan for which the
60-10	guarantee was issued; and a summary of the economic impacts made by such borrower as a result
60-11	of the guaranteed loan, including but not limited to the number, type and wages of jobs created by
60-12	such borrower, any impacts on the industry in which the borrower operates and an estimate of
60-13	income taxes for the state of Rhode Island generated by the employees of such borrower and the
60-14	borrower itself.
60-15	SECTION 2 WHEREAS, The State and its small businesses face unprecedented
60-16	unemployment and challenging economic conditions that continue to stifle economic growth and
60-17	job creation;
60-18	WHEREAS, The Rhode Island Economic Development Corporation’s (RIECD) primary
60-19	mission is to accelerate job creation, and traditional economic development programs are
60-20	insufficient in these unprecedented times;
60-21	WHEREAS, The opportunities for growth by bidding and winning government contracts
60-22	is at an historic high, and winning new contracts offers major opportunities, including retaining
60-23	existing jobs, creating new jobs, gaining access to financing, and plant expansion, among other
60-24	things. However, many companies offer competitive products and services, but they often do not
60-25	know how to win business from federal and state contracts.
60-26	WHEREAS, Many small businesses could compete and win such contracts and create
60-27	jobs if they were provided more in-depth and substantive assistance and support throughout the
60-28	procurement process; specifically in the phases before, during, and after the RFP release, and
60-29	there are programs in other states that are proven in achieving these goals;
60-30	WHEREAS, Such programs in other states, which are generally referred to as
60-31	Procurement Assistance Programs, are specialized public-private partnerships that are successful
60-32	in accelerating small business growth by providing the business development “know how” for
60-33	augmenting current state economic development services, from identifying the right sales
60-34	strategies and developing a winning proposal to gaining access to government customers
61-1	nationally; and
61-2	WHEREAS, The RIEDC has studied other innovative economic development programs
61-3	that are proven to accelerate business growth and job creation and believes that a Procurement
61-4	Assistance Program can help it achieve this goal.
61-5	SECTION 3. The State of Rhode Island shall create the Procurement Assistance Program,
61-6	subject to appropriation, under the management of the RIEDC, as follows:
61-7	(A) The RIEDC, through the appropriate procurement process, shall engage in an
61-8	agreement with a Contractor with experience in such programs to assist the RIEDC in
61-9	augmenting the scope, range and quality of business development services that go beyond the
61-10	basis level of services currently offered by the RIEDC. The Contractor will provide specialized
61-11	business development services and/or products, assistance and support to businesses throughout
61-12	the State in procuring federal, state, and local government contracts, as well as certain
61-13	commercial opportunities. These new services are intended to augment, extend and build upon
61-14	the current RIEDC services for small businesses, including the basic training services of the
61-15	State’s Procurement Technical Assistance Center program (“PTAC program”) and other state
61-16	economic initiatives and services.
61-17	The RIEDC shall take all steps necessary to ensure the Procurement Assistance Program
61-18	is rapidly deployed, properly organized, integrated and seamlessly delivered in conjunction with
61-19	its other services. To the extent the RIEDC needs to reorganize or eliminate current programs or
61-20	activities in order to achieve the full benefits of the Procurement Assistance Program, such
61-21	actions shall be taken as soon as possible. In order to maximize the value and return on
61-22	investment of this program, the RIEDC, in cooperation with the Contractor, should develop and
61-23	implement plans and strategies to:
61-24	(1) Ensure efficient integration of services, from baseline orientation and training through
61-25	detailed strategy, procurement representation, and related customized services;
61-26	(2) Avoid duplication of services or delivery of services to poorly or unqualified
61-27	companies; and
61-28	(3) Prioritize the most valuable set of services and capabilities for the highest potential
61-29	companies (speed of growth, number of jobs, residual and longer-term associated economic
61-30	benefits such as in-state manufacturing, etc).
61-31	(B) The Procurement Assistance Program is intended to be a model public-private
61-32	partnership that will take qualified Rhode Island businesses to the next level of knowledge,
61-33	competency, and readiness to win government and commercial contracts. As such, the Contractor,
61-34	shall provide a suite of business development consulting services that will include, but not be
62-1	limited to, strategy consulting, organizational and business development process
62-2	recommendations, capture strategies, local, regional and national representation to potential
62-3	customers, marketing/proposal development support and services, and other related services as
62-4	required to deliver on the objectives of this program.
62-5	(C) The RIEDC shall provide regular reports on:
62-6	(1) The number of Rhode Island companies identified, qualified and supported;
62-7	(2) The total contract dollars awarded to supported businesses;
62-8	(3) The jobs created/retained, and the average annual salary; and
62-9	(4) The return on investment/cost per job.
62-10	SECTION 4. This act shall take effect upon passage.
62-11	ARTICLE 8
62-12	RELATING TO STATEWIDE FUGITIVE TASK FORCE
62-13	SECTION 1. Section 11-47-9 of the General Laws in Chapter 11-47 entitled “Weapons”
62-14	is hereby amended to read as follows:
62-15	11-47-9. Persons exempt from restrictions. -- The provisions of § 11-47-8 shall not
62-16	apply to sheriffs, deputy sheriffs, the superintendent and members of the state police, members of
62-17	the Rhode Island airport police department, members of the Rhode Island state marshals, Rhode
62-18	Island state fire marshal, chief deputy state fire marshals, deputy state fire marshals assigned to
62-19	the bomb squad, and those assigned to the investigation unit, correctional officers, all within the
62-20	department of corrections, members of the city or town police force, capitol police investigators
62-21	of the department of attorney general appointed pursuant to § 42-9-8.1, the witness protection
62-22	coordinator for the witness protection review board as set forth in chapter 30 of title 12 and
62-23	subject to the minimum qualifications of § 42-9-8.1, the director, assistant director, ~~and other~~
62-24	~~inspectors and agents at the Rhode Island state fugitive task force appointed pursuant to § 12-6-~~
62-25	~~7.2,~~ investigators of the department of public safety Workers’ Compensation Investigations unit
62-26	pursuant to section 42-7.3-3.1 and automobile theft investigators of the Rhode Island state police
62-27	pursuant to section 31-50-1, railroad police while traveling to and from official assignments or
62-28	while on assignments, conservation officers, or other duly appointed law enforcement officers,
62-29	nor to members of the Army, Navy, Air Force, and Marine Corps of the United States, the
62-30	National Guard, or organized reserves, when on duty, nor to members of organizations by law
62-31	authorized to purchase or receive firearms from the United States or this state, provided these
62-32	members are at or going to or from their places of assembly or target practice, nor to officers or
62-33	employees of the United States authorized by law to carry a concealed firearm, nor to any civilian
62-34	guard or criminal investigator carrying sidearms or a concealed firearm in the performance of his
63-1	or her official duties under the authority of the commanding officer of the military establishment
63-2	in the state of Rhode Island where he or she is employed by the United States, nor to any civilian
63-3	guard carrying sidearms or a concealed firearm in the performance of his or her official duties
63-4	under the authority of the adjutant general where he or she is employed guarding a national guard
63-5	facility, provided, that the commanding officer of the military establishment shall have on file
63-6	with the attorney general of this state a list of the names and addresses of all civilian guards and
63-7	criminal investigators so authorized, nor to duly authorized military organizations when on duty,
63-8	nor to members when at or going to or from their customary places of assembly, nor to any
63-9	individual employed in the capacity of warden, associate warden, major, captain, lieutenant,
63-10	sergeant, correctional officer or investigator at any project owned or operated by a municipal
63-11	detention facility corporation, including the Donald W. Wyatt Detention Facility, nor to the
63-12	regular and/or ordinary transportation of pistols or revolvers as merchandise, nor to any person
63-13	while transporting a pistol, or revolvers, unloaded from the place of purchase to their residence,
63-14	or place of business, from their residence to their place of business or from their place of business
63-15	to their residence, or to a Federal Firearms licensee for the purpose of sale, to or from a bona fide
63-16	gunsmith, or firearms repair facility, to any police station or other location designated as a site of
63-17	a bona fide "gun buy-back" program but only if said pistol or revolver is unloaded and any
63-18	ammunition for said pistol or revolver is not readily or directly accessible from the passenger
63-19	compartment of such vehicle while transporting same and further provided that in the case of a
63-20	vehicle without a compartment separate from the passenger compartment the firearm or the
63-21	ammunition shall be stored in a locked container. Persons exempted by the provisions of this
63-22	section from the provisions of § 11-47-8 shall have the right to carry concealed firearms
63-23	everywhere within this state; provided, that this shall not be construed as giving the right to carry
63-24	concealed firearms to a person transporting firearms as merchandise or as household or business
63-25	goods.
63-26	SECTION 2. Section 12-6-7.2 of the General Laws in Chapter 12-6 entitled “Warrants
63-27	for Arrest” is hereby repealed.
63-28	~~12-6-7.2. Warrant squad.~~ ~~(a) There is established a statewide warrant squad which shall~~
63-29	~~be known as the Rhode Island state fugitive task force, whose purpose is to arrest individuals for~~
63-30	~~whom arrest warrants have been issued and remain outstanding.~~
63-31	~~(b) The warrant squad shall consist of a director, assistant director, additional members,~~
63-32	~~whose title shall be task force agents, and the sheriffs and police officers that are provided for in~~
63-33	~~this section.~~
63-34	~~(c) All state, county, local law enforcement and criminal justice agencies may assign~~
64-1	~~personnel to be members of the warrant squad to assist the director or assistant director. All~~
64-2	~~personnel assigned to the warrant squad during their normal work hours shall be paid their regular~~
64-3	~~salary by their respective departments and there shall be no reimbursement for these payments.~~
64-4	~~The warrant squad shall be responsible for supervising the conduct of all law enforcement~~
64-5	~~officers employed by it pursuant to this chapter and the state, and not the city or town, shall be~~
64-6	~~liable for the actions of any municipal police officer which are committed on behalf of and under~~
64-7	~~the direction and supervision of the warrant squad.~~
64-8	~~(d) Federal, state and local officers assigned to the Rhode Island state fugitive task force~~
64-9	~~as fugitive investigators shall exercise the same authority as the statutory agents appointed under~~
64-10	~~this section as long as the officer is under the direct supervision of the warrant squad. The~~
64-11	~~authorization for local police officers acting under the authority of this statute shall be on file at~~
64-12	~~the office of the Rhode Island state fugitive task force.~~
64-13	~~(e) The superintendent of the state police shall appoint the director, assistant director, and~~
64-14	~~the members of the warrant squad. The salary of the director and the assistant director shall be set~~
64-15	~~by the department of administration in accordance with chapter 4 of title 36. The fees collected in~~
64-16	~~the amount of one hundred twenty-five dollars ($125) assessed to the arrestee when apprehended~~
64-17	~~and brought to court shall be deposited as general revenues. Each arrestee who has been~~
64-18	~~apprehended shall be assessed the fee in the amount of one hundred twenty-five dollars ($125) in~~
64-19	~~addition to any other court costs imposed. All fees collected shall be deposited as general~~
64-20	~~revenues, and distributed consistent with the provisions of § 12-6-7.1.~~
64-21	~~(f) The Providence county sheriff shall make suitable office facilities available to the~~
64-22	~~squad until the state police make suitable space available. The police departments of every city~~
64-23	~~and town and the state police shall make available to the squad temporary detention facilities. All~~
64-24	~~fees collected shall be deposited as general revenues.~~
64-25	~~(g) The warrant squad shall be under the authority of, and report to, the superintendent of~~
64-26	~~the state police.~~
64-27	~~(h) The statewide warrant squad shall commence on September 1, 1989, and all state and~~
64-28	~~local police, law enforcement and criminal justice agencies shall cooperate with the Rhode Island~~
64-29	~~state fugitive task force in carrying out the provisions of this chapter.~~
64-30	~~(i) The Rhode Island state fugitive task force shall adopt and implement standards,~~
64-31	~~policies, and regulations applicable to its scope and purpose of locating and arresting fugitives~~
64-32	~~from justice.~~
64-33	~~(j) Persons appointed as director, assistant director, and inspectors must have completed a~~
64-34	~~basic course for police or law enforcement officers at a certified federal (including military),~~
65-1	~~state, or local law enforcement training academy or must document a record of equivalent~~
65-2	~~qualifying experience in an on-the-job training program. Persons appointed to be either director~~
65-3	~~or assistant director, must, in addition to the preceding, have three (3) years of law enforcement~~
65-4	~~experience and three (3) years of law enforcement management or command experience or the~~
65-5	~~equivalent.~~
65-6	~~(k) The director, the assistant director, and inspectors and officers assigned on temporary~~
65-7	~~duty to the Rhode Island state fugitive task force may carry firearms, apply for and execute search~~
65-8	~~and arrest warrants and subpoenas, serve summonses, and apply for court or grand jury process,~~
65-9	~~and will have statewide authority to serve warrants to locate and arrest persons who are fugitives~~
65-10	~~or who have failed to appear in state court for violations of Rhode Island general laws or court~~
65-11	~~orders or who are fugitives located in Rhode Island from jurisdictions outside the state of Rhode~~
65-12	~~Island, and may make arrests without a warrant in the execution of court orders for any offenses~~
65-13	~~committed in their presence if they have reasonable grounds to believe that the person to be~~
65-14	~~arrested has committed or is committing a crime cognizable under Rhode Island general laws.~~
65-15	SECTION 3. Section 12-7-21 of the General Laws in Chapter 12-7 entitled “Arrest” is
65-16	hereby amended to read as follows:
65-17	12-7-21. "Peace officer" defined. -- "Peace officer", as used within this chapter, means
65-18	the following individuals or members of:
65-19	(1) Rhode Island state police;
65-20	(2) Any member of a municipal or local police department;
65-21	~~(3) Rhode Island marshals,~~
65-22	~~(4)~~(3) Rhode Island airport corporation police;
65-23	~~(5)~~(4) Rhode Island park police;
65-24	~~(6)~~(5) Rhode Island capitol police;
65-25	~~(7)~~(6) Rhode Island conservation officers;
65-26	~~(8)~~(7) Rhode Island department of environmental management officers;
65-27	~~(9)~~(8) Rhode Island fire marshals;
65-28	~~(10)~~(9) Brown University police officers;
65-29	~~(11)~~(10) University of Rhode Island campus police officers;
65-30	~~(12)~~(11) Rhode Island College campus security;
65-31	~~(13)~~(12) Campus security at the Community College of Rhode Island;
65-32	~~(14)~~(13) Rhode Island sheriff's department;
65-33	~~(15) Rhode Island drug enforcement officers;~~
65-34	~~(16)~~(14) The investigators of the department of attorney general appointed pursuant to
66-1	§ 42-9-8.1;
66-2	~~(17) The director, assistant director, and other inspectors and agents of the Rhode Island~~
66-3	~~state fugitive task force appointed pursuant to § 12-6-7.2;~~
66-4	~~(18)~~ (15) Any federal law enforcement officer;
66-5	~~(19)~~ (16) Correctional investigators and correctional officers of the Rhode Island
66-6	department of corrections;
66-7	~~(20)~~ (17) The witness protection coordinator of the department of attorney general;
66-8	~~(21)~~ (18) The warden, associate wardens, majors, captains, lieutenants, sergeants,
66-9	correctional officers and investigators employed by a project operated by a municipal detention
66-10	facility corporation, including, but not limited to, the Donald W. Wyatt Detention Facility;
66-11	provided, such parties listed in this subsection ~~(21)~~(18) herein shall be deemed to be peace
66-12	officers while in performance of their duties for the municipal detention facility only, and shall
66-13	not be deemed to be peace officers at any time when they are not in performance of said duties;
66-14	~~and~~
66-15	~~(22)~~ (19) Retired non-permanent sworn members of any municipal police department
66-16	shall be deemed to be peace officers only while in the performance of their duties for any
66-17	municipal police department, and shall be permitted to carry their firearm while in the
66-18	performance of their duties for the municipal police department, and shall be subject to in-service
66-19	training requirements of title 42, chapter 28.;
66-20	(20) Workers’ Compensation investigators of the department of public safety appointed
66-21	pursuant to section 42-7.3-3.1; and
66-22	(21) Auto theft investigators appointed pursuant to section 31-50-1.
66-23	SECTION 4. Chapter 42-7.3 of the General Laws entitled "Department of Public Safety"
66-24	is hereby amended by adding thereto the following section:
66-25	42-7.3-3.1. Workers' compensation investigations unit --Powers and duties of
66-26	investigators. – (a) There is established a workers’ compensation investigations unit, the purpose
66-27	of which shall be to prevent and detect fraud, abuse, and mismanagement in the expenditure of
66-28	public funds, relating to any and all state programs and operations by agencies, bureaus,
66-29	divisions, sections, departments, offices, commissions, institutions and activities of the state of
66-30	Rhode Island, including those districts, authorities, or political subdivisions created by the general
66-31	assembly or the governor.
66-32	(b) The workers’ compensation investigations unit shall be under the jurisdiction of the
66-33	commissioner of public safety/superintendent of the state police, and shall consist of a director
66-34	and investigators, who shall be selected and who shall be specially-trained to prevent and
67-1	investigate instances of fraud, abuse, and mismanagement in the expenditure of public funds.
67-2	(c) The director shall be a member of the Rhode Island state police with at least the rank
67-3	of sergeant, and shall remain on the personnel rolls of the Rhode Island state police, with the
67-4	same salary and benefits schedule, and shall retain all powers of a member of the Rhode Island
67-5	state police of that rank. The director, with the approval of the superintendent, shall have the
67-6	authority to appoint, the investigators and staff of the office.
67-7	(d) The director and the investigators shall have the following powers:
67-8	(1) To arrest independently or in conjunction with state or federal law enforcement
67-9	agencies;
67-10	(2) To apply for and execute search warrants; and
67-11	(3) To serve civil and criminal process.
67-12	(e) No person shall be appointed as an investigator in the office unless he or she has
67-13	successfully completed the basic course of instruction for police officers at the Providence Police
67-14	Training Academy, the Rhode Island Municipal Police Training Academy, or the Rhode Island
67-15	State Police Training Academy, and has at least three (3) years of active law enforcement
67-16	experience, or has served as a member of the United States Marshal’s Service or as a special
67-17	agent of the Federal Bureau of Investigation, a criminal law enforcement agency of the United
67-18	States Department of Justice, the United States Department of State, the United States
67-19	Department of the Treasury or the United States Postal Inspection Service and has at least three
67-20	(3) years of active law enforcement experience, or has been certified as a police officer by the
67-21	duly-constituted state commission on police officer standards and training of another state, and
67-22	has at least three (3) years of active law enforcement experience. Prior to the appointment of any
67-23	qualified individual, a background examination shall be conducted utilizing federal, state and
67-24	local law enforcement agencies, bureau of criminal identification, national crime information
67-25	center, and any and all relevant records existing within the federal and state court systems.
67-26	(f) The director and investigators shall be indemnified to the extent provided under
67-27	section 9-31-12 for acts committed within the scope of their employment.”
67-28	SECTION 5. This article shall take effect as of January 1, 2010.
67-29	ARTICLE 9
67-30	RELATING TO EDUCATION AID
67-31	SECTION 1. Section 16-7.1-15 of the General Laws in Chapter 16-7.1 entitled “The Paul
67-32	W. Crowley Rhode Island Student Investment Initiative” is hereby amended to read as follows:
67-33	SECTION 1. Section 16-7.1-15 of the General Laws in Chapter 16-7.1 entitled “The Paul
67-34	W. Crowley Rhode Island Student Investment Initiative” is hereby amended to read as follows:
68-1	16-7.1-15. The Paul W. Crowley Rhode Island student investment initiative.
68-2	~~[Effective July 1, 2010.]~~.-- (a) Each locally or regionally operated school district shall receive as
68-3	a base the same amount of school aid as each district received in fiscal year 1997-1998, adjusted
68-4	to reflect the increases or decreases in aid enacted to meet the minimum and maximum funding
68-5	levels established for FY 2000 through FY 2008. Each school district shall also receive school aid
68-6	through each investment fund for which that district qualifies pursuant to §§ 16-7.1-8, 16-7.1-9,
68-7	16-7.1-10, 16-7.1-11, 16-7.1-12, 16-7.1-16 and 16-7.1-19. These sums shall be in addition to the
68-8	base amount described in this section. For FY 2009 and FY 2010, the reference year for the data
68-9	used in the calculation of aid pursuant to § 16-7.1-8, § 16-7.1-9, § 16-7.1-10, § 16-7.1-11, § 16-
68-10	7.1-11.1, § 16-7.1-12, § 16-7.1-16, § 16-7.1-19 and 16-77.1-2(b) shall be FY 2004. Calculation
68-11	and distribution of education aid under §§ 16-5-31, 16-5-32, 16-7-20, 16-7-20.5, 16-7-34.2, 16-7-
68-12	34.3, 16-24-6, 16-54-4, and 16-67-4 is hereby suspended. Provided, however, calculation and
68-13	distribution of education aid under § 16-7.1-10 is suspended for FY 2009 and FY 2010. School
68-14	districts may continue to maintain professional development programs and may reduce other
68-15	education programs to achieve savings during FY 2009 and FY 2010. The funding of the
68-16	purposes and activities of chapter 67 of this title, the Rhode Island Literacy and Dropout
68-17	Prevention Act of 1967, shall be the same amount of the base amount of each district funded for
68-18	that purpose in fiscal year 1997-1998. In addition each district shall expend three percent (3%) of
68-19	its student equity and early childhood funds under the provisions of chapter 67 of this title.
68-20	(b) Funding for full day kindergarten programs in accordance with § 16-7.1-11.1 shall be
68-21	in addition to funding received under this section.
68-22	(c) Funding distributed under §§ 16-77.1-2(b) and 16-64-1.1 shall be in addition to
68-23	funding distributed under this section.
68-24	(d) For FY 2009, aid to school districts shall be reduced by the equivalent savings that are
68-25	realized due to a reduction of payments to the teachers' retirement system. The reduction for the
68-26	Chariho regional school district shall be prorated among the member communities. In addition,
68-27	for FY 2009 aid to school districts shall be reduced by any amount of previously appropriated
68-28	school housing aid determined to be ineligible for reimbursement in accordance with § 16-7-44.2.
68-29	For FY 2009 aid shall also be reduced by the amount of projected revenue for the period
68-30	December 1, 2008 through June 30, 2009 from the permanent school fund. The projected revenue
68-31	shall be determined by annualizing actual earnings from the period May 12, 2008 through
68-32	November 30, 2008. The department of elementary and secondary education shall reduce aid in
68-33	two equal installments, payable in May and June; provided however, that East Providence shall
68-34	receive one payment of reduced aid in May.
69-1	For FY 2009, aid to school districts shall include thirty eight million, three hundred
69-2	twenty-four thousand, eight hundred twenty-two dollars ($38,324,822) from federal fiscal
69-3	stabilization funds offset by a like reduction from general revenues. The distribution shall be in
69-4	the same proportion as general operating aid.
69-5	(e) ~~For FY 2010, aid to school districts shall be reduced by the equivalent savings that are~~
69-6	~~realized due to a reduction of payments to the teachers' retirement system. The reduction for the~~
69-7	~~Chariho regional school district shall be prorated among the member communities. For FY 2010,~~
69-8	~~aid to school districts shall be reduced by thirty-three million nine hundred twenty-eight thousand~~
69-9	~~two hundred sixteen dollars ($33,928,216) based on the school district's share of total FY 2009~~
69-10	~~enacted education aid, including state schools and charter schools. For FY 2010, a distribution of~~
69-11	~~stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling thirty-four~~
69-12	~~million one hundred seven thousand one hundred ninety-five dollars ($34,107,195) shall be~~
69-13	~~allocated to school districts proportionately based on their share of total FY 2009 enacted~~
69-14	~~education aid, including state schools and charter schools.~~
69-15	Districts shall comply with the assurances and reporting requirements provided in the
69-16	federal guidance for the (ARRA) allocation and by the commissioner of elementary and
69-17	secondary education.
69-18	(f) There shall be an appropriation to ensure that total aid distributed to communities in
69-19	FY 2010 under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) and excluding any FY
69-20	2009 Stabilization reappropriations shall be as follows:
69-21	FY 2010 Stimulus Fiscal
69-22	General Revenues Stabilization Allocation

69-24	Barrington ~~1,863,090~~ 1,661,678 ~~128,427~~ 173,472
69-25	Burrillville ~~12,928,167~~ 12,334,133 ~~684,478~~ 969,262
69-26	Charlestown ~~1,697,497~~ 1,606,774 ~~98,948~~ 137,560
69-27	Coventry ~~18,056,601~~ 17,085,340 ~~991,787~~ 1,394,351
69-28	Cranston ~~31,662,364~~ 29,929,058 ~~1,752,647~~ 2,460,366
69-29	Cumberland ~~11,829,002~~ 11,180,834 ~~654,948~~ 919,372
69-30	East Greenwich ~~1,503,975~~ 1,346,663 ~~96,326~~ 131,701
69-31	East Providence ~~24,499,858~~ 23,269,359 ~~1,328,384~~ 1,872,271
69-32	Foster ~~1,286,565~~ 1,220,453 ~~69,979~~ 98,570
69-33	Glocester ~~2,927,940~~ 2,780,765 ~~158,776~~ 223,779
69-34	Hopkinton ~~5,677,786~~ 5,377,375 ~~308,347~~ 434,459
70-1	Jamestown ~~398,901~~ 362,173 ~~26,278~~ 35,758
70-2	Johnston ~~9,596,568~~ 9,056,197 ~~531,110~~ 745,600
70-3	Lincoln ~~6,363,969~~ 5,954,917 ~~365,750~~ 509,809
70-4	Little Compton ~~296,650~~ 271,373 ~~18,221~~ 25,093
70-5	Middletown ~~9,533,084~~ 9,027,971 ~~518,598~~ 730,459
70-6	Narragansett ~~1,467,137~~ 1,335,663 ~~93,727~~ 128,202
70-7	Newport ~~10,744,683~~ 10,201,759 ~~586,477~~ 825,529
70-8	New Shoreham ~~64,987~~ 52,255 ~~5,254~~ 6,929
70-9	North Kingstown ~~10,631,113~~ 10,028,321 ~~2,155~~ 830,277
70-10	North Providence ~~12,081,507~~ 11,427,858 ~~661,166~~ 930,191
70-11	North Smithfield ~~4,344,329~~ 4099,036 ~~238,830~~ 335,713
70-12	Pawtucket ~~62,176,676~~ 59,266,032 ~~3,311,223~~ 4,683,455
70-13	Portsmouth ~~5,923,071~~ 5,632,722 ~~331,008~~ 463,823
70-14	Providence ~~178,309,944~~ 169,911,081 ~~9,577,917~~ 13,524,220
70-15	Richmond ~~5,652,344~~ 5,353,443 ~~305,742~~ 431,124
70-16	Scituate ~~2,926,243~~ 2,744,002 ~~168,328~~ 234,589
70-17	Smithfield ~~4,992,643~~ 4,687,877 ~~283,754~~ 396,343
70-18	South Kingstown ~~9,224,287~~ 8,671,223 ~~521,147~~ 728,746
70-19	Tiverton ~~5,271,861~~ 4,975,480 ~~293,067~~ 411,072
70-20	Warwick ~~33,468,879~~ 31,591,853 ~~1,858,870~~ 2,607,805
70-21	Westerly ~~5,774,932~~ 5,385,706 ~~338,074~~ 469,030
70-22	West Warwick ~~18,738,108~~ 17,803,704 ~~1,009,842~~ 1,424,995
70-23	Woonsocket ~~44,074,702~~ 42,013,721 ~~2,342,811~~ 3,314,944
70-24	Bristol-Warren ~~18,764,456~~ 17,842,496 ~~1,009,726~~ 1,425,256
70-25	Exeter-West Greenwich ~~6,814,331~~ 6,443,770 ~~374,779~~ 526,768
70-26	Chariho ~~378,758~~ 362,712 ~~19,679~~ 27,972
70-27	Foster-Glocester ~~5,194,804~~ 4,926,575 ~~283,077~~ 398,590
70-28	Central Falls ~~42,507,399~~ 40,589,608 ~~2,167,539~~ 3,089,121
70-29	In addition to the amounts listed above, the department of elementary and secondary
70-30	education shall allocate monthly to each school district all funds received into the permanent
70-31	school fund pursuant to § 42-61.2-7, as amended by chapter 13 of the 2008 Public Laws entitled
70-32	"An Act Relating to State Affairs and Government", up to $14.1 million, in the same proportion
70-33	as the aid distribution in the FY 2009 enacted appropriations act.
70-34	This special provision shall not limit entitlements as determined by application of other
71-1	formula provisions in this section.
71-2	(g) For FY 2009 payments to charter public schools shall be reduced by the equivalent
71-3	savings that are realized due to a reduction of payments to the teachers' retirement system. The
71-4	reduction for district sponsored charter schools shall be incorporated in the sponsoring school
71-5	district's aid as noted in subsection (f). Aid to charter public schools shall be reduced in the April
71-6	quarterly payment. For FY 2009, charter public school funding is as follows:
71-7	Beacon Charter School 1,512,785
71-8	Blackstone Academy 1,469,349
71-9	Compass 614,485
71-10	Paul Cuffee 4,449,006
71-11	CVS Highlander 2,596,782
71-12	International 2,863,818
71-13	Kingston Hill Academy 736,784
71-14	Learning Community 3,669,529
71-15	NE Laborer's 1,508,866
71-16	Textron 2,361,370
71-17	Times 2 Academy 6,870,410
71-18	(h) (1) For FY 2010, payments to charter public schools shall be reduced by the
71-19	equivalent savings that are realized due to a ~~deferment~~ reduction of payments to the teachers'
71-20	retirement system. The reduction for district sponsored charter schools shall be incorporated in
71-21	the sponsoring schools district's aid as noted in subsection (f). For FY 2010, payments to charter
71-22	public schools shall be reduced by one million four hundred sixty-three thousand three hundred
71-23	sixty-seven dollars ($1,463,367) based on the charter schools' share of total FY 2009 enacted
71-24	education aid, including school districts and state schools. For FY 2010, a distribution of
71-25	stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling one
71-26	million four hundred seventy-one thousand eighty-seven dollars ($1,471,087) shall be allocated to
71-27	charter public schools proportionately based on their share of total FY 2009 enacted education
71-28	aid, including school districts and state schools.
71-29	(2) For FY 2010, payments to charter public schools shall be further reduced by one
71-30	million one hundred fifty-eight thousand one dollars ($1,158,001) based on the charter schools'
71-31	share of total FY 2010 originally enacted education aid. For FY 2010, an additional distribution
71-32	of stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling one
71-33	hundred ninety-seven thousand seven hundred fifty-two dollars ($197,752) shall be allocated to
71-34	charter public schools proportionately based on their share of total FY 2010 originally enacted
72-1	education aid.
72-2	(3) Public charter schools shall comply with the assurances and reporting requirements
72-3	provided in the federal guidance for the (ARRA) allocation and by the commissioner of
72-4	elementary and secondary education.
72-5	(i) There shall be deducted from the final aid payment to each school district any amounts
72-6	owed to the state at the end of the fiscal year for transportation of the district’s students under the
72-7	statewide transportation system established pursuant to R.I.G.L. 16-21.1-7 and 16-21.1-8.
72-8	Districts shall receive monthly invoices summarizing the basis of the transportation fees charged.
72-9	Any such deductions in aid shall be transferred to the statewide student transportation services
72-10	restricted receipt account.
72-11	(j) The provisions of R.I.G.L. 16-26-7.1 notwithstanding, districts shall be assessed
72-12	tuition to cover the costs of educational services that are additional to the core deaf and hard of
72-13	hearing education program that is provided to resident students at the Rhode Island School for the
72-14	Deaf. This tuition shall be based on a graduated tuition schedule that is based on the varying
72-15	needs of students. The department of elementary and secondary education shall develop and
72-16	implement the schedule. Districts shall receive monthly invoices summarizing the basis for the
72-17	tuition charged. There shall be deducted from the final aid payment to each school district at the
72-18	end of the fiscal year any amounts owed to the state for these additional educational services.
72-19	~~(i)~~ (k) Children with disabilities. (1) Based on its review of special education within the
72-20	context of Rhode Island school reform, the general assembly recommends addressing the needs of
72-21	all children and preventing disability through scientific research based, as described in the No
72-22	Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading
72-23	instruction and the development of Personal Literacy Programs for students in the early grades
72-24	performing below grade level in reading and implement a system of student accountability that
72-25	will enable the state to track individual students over time. Additionally, the department of
72-26	elementary and secondary education must provide districts with rigorous criteria and procedures
72-27	for identifying students with learning disabilities and speech/language impairments. Additional
72-28	study is required of factors that influence programming for students with low incidence
72-29	disabilities; those with disabilities that severely compromise life functions; and programming for
72-30	students with disabilities through urban special education. Alternatives for funding special
72-31	education require examination.
72-32	(2) All departments and agencies of the state shall furnish any advice and information,
72-33	documentary and otherwise, to the general assembly and its agents that is deemed necessary or
72-34	desirable by the study to facilitate the purposes of this section.
73-1	SECTION 2. Section 16-7-23 of the General Laws in Chapter 16-7 entitled "Foundation
73-2	Level School Support" is hereby amended to read as follows:
73-3	16-7-23. Community requirements -- Adequate minimum budget provision. -- (a)
73-4	The school committee's budget provisions of each community for current expenditures in each
73-5	budget year shall provide for an amount from all sources sufficient to support the basic program
73-6	and all other approved programs shared by the state. Each community shall contribute local funds
73-7	to its school committee in an amount not less than its local contribution for schools in the
73-8	previous fiscal year. Provided, that for the fiscal year 2010 each community shall contribute local
73-9	funds to its school committee in an amount not less than ninety-five percent (95.0%) of its local
73-10	contribution for schools for the fiscal year 2009. Calculation of the annual local contribution
73-11	shall not include Medicaid revenues received by the municipality or district pursuant to chapter 8
73-12	of title 40. A community which has a decrease in enrollment may compute maintenance of effort
73-13	on a per pupil rather than on an aggregate basis when determining its local contribution;
73-14	furthermore, a community which experiences a nonrecurring expenditure for its schools may
73-15	deduct the nonrecurring expenditure in computing its maintenance of effort. The deduction of
73-16	nonrecurring expenditures shall be with the approval of the commissioner. The courts of this state
73-17	shall enforce this section by writ of mandamus.
73-18	(b) Whenever any state funds are appropriated for educational purposes, the funds shall
73-19	be used for educational purposes only and all state funds appropriated for educational purposes
73-20	must be used to supplement any and all money allocated by a city or town for educational
73-21	purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money
73-22	allocated by a city or town for educational purposes. All state funds shall be appropriated by the
73-23	municipality to the school committee for educational purposes in the same fiscal year in which
73-24	they are appropriated at the state level even if the municipality has already adopted a school
73-25	budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall
73-26	remain a surplus of the school committee and shall not revert to the municipality. Any surplus of
73-27	state or local funds appropriated for educational purposes shall not in any respect affect the
73-28	requirement that each community contribute local funds in an amount not less than its local
73-29	contribution for schools in the previous fiscal year, subject to subsection (a) of this section, and
73-30	shall not in any event be deducted from the amount of the local appropriation required to meet the
73-31	maintenance of effort provision in any given year.
73-32	SECTION 3. Sections 1 and 2 of this article shall take effect upon passage and shall
73-33	apply retroactively to July 1, 2009.
73-34	ARTICLE 10
74-1	RELATING TO RESTRICTED RECEIPT ACCOUNTS
74-2	SECTION 1. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State
74-3	Funds” is hereby amended to read as follows:
74-4	35-4-27. Indirect cost recoveries on restricted receipt accounts. -- Indirect cost
74-5	recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt
74-6	accounts, to be recorded as general revenues in the general fund. However, there shall be no
74-7	transfer from cash receipts with restrictions received exclusively: (1) from contributions from
74-8	non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on
74-9	federal grant funds; or (3) through transfers from state agencies to the department of
74-10	administration for the payment of debt service. These indirect cost recoveries shall be applied to
74-11	all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The
74-12	following restricted receipt accounts shall not be subject to the provisions of this section:
74-13	Department of Human Services
74-14	Veterans' home – Restricted account
74-15	Veterans' home – Resident benefits
74-16	Organ transplant fund
74-17	Veteran's Cemetery Memorial Fund
74-18	Department of Health
74-19	Pandemic medications and equipment account
74-20	Department of Mental Health, Retardation and Hospitals
74-21	Eleanor Slater non-Medicaid third-party payor account
74-22	Hospital Medicare Part D Receipts
74-23	RICLAS Group Home Operations
74-24	Vigneron Memorial Fund Grant
74-25	Department of Environmental Management
74-26	National heritage revolving fund
74-27	Environmental response fund II
74-28	Underground storage tank registration fees
74-29	Rhode Island Council on the Arts
74-30	Art for public facilities fund
74-31	Rhode Island Foundation Grant
74-32	Rhode Island Historical Preservation and Heritage Commission
74-33	Historic preservation revolving loan fund
74-34	Historic Preservation loan fund – Interest revenue
75-1	~~State Police~~ Department of Public Safety
75-2	Forfeited property – Retained
75-3	Forfeitures – Federal
75-4	Forfeited property – Gambling
75-5	Donation – Polygraph and Law Enforcement Training
75-6	Rhode Island State Firefighter’s League Training Account
75-7	Fire Academy Training Fees Account
75-8	Attorney General
75-9	Forfeiture of property
75-10	Federal forfeitures
75-11	Attorney General multi-state account
75-12	Department of Administration
75-13	Restore and replacement – Insurance coverage
75-14	Convention Center Authority rental payments
75-15	Investment Receipts – TANS
75-16	Car Rental Tax/Surcharge-Warwick Share
75-17	OPEB System Restricted Receipt Account
75-18	ARRA Administrative Expenses – Bureau of Audits
75-19	ARRA Administrative Expenses – Purchasing
75-20	Legislature
75-21	Audit of federal assisted programs
75-22	Department of Elderly Affairs
75-23	Pharmaceutical Rebates Account
75-24	Department of Children Youth and Families
75-25	Children's Trust Accounts – SSI
75-26	Military Staff
75-27	RI Military Family Relief Fund
75-28	Treasury
75-29	Admin. Expenses – State Retirement System
75-30	Retirement – Treasury Investment Options
75-31	Business Regulation
75-32	Banking Division Reimbursement Account
75-33	Office of the Health Insurance Commissioner Reimbursement Account
75-34	Securities Division Reimbursement Account
76-1	Commercial Licensing and Racing and Athletics Division Reimbursement Account
76-2	Insurance Division Reimbursement Account
76-3	Historic Preservation Tax Credit Account
76-4	Judiciary
76-5	Arbitration Fund Restricted Receipt Account
76-6	Department of Elementary and Secondary Education
76-7	Statewide Student Transportation Services Account
76-8	Office of the Governor
76-9	ARRA Administrative Expenses – Office of Economic Recovery and ReInvestment
76-10	SECTION 2. Section 16-21-1 of the General Laws in Chapter 16-21 entitled “Health and
76-11	Safety of Pupils” is hereby amended to read as follows:
76-12	16-21-1. Transportation of public and private school pupils. -- (a) The school
76-13	committee of any town or city shall provide suitable transportation to and from school for pupils
76-14	attending public and private schools of elementary and high school grades, except private schools
76-15	that are operated for profit, who reside so far from the public or private school which the pupil
76-16	attends as to make the pupil's regular attendance at school impractical and for any pupil whose
76-17	regular attendance would otherwise be impracticable on account of physical disability or
76-18	infirmity.
76-19	(b) For transportation provided to children enrolled in grades kindergarten through five
76-20	(5), school bus monitors, other than the school bus driver, shall be required on all school bound
76-21	and home bound routes. Variances to the requirement for a school bus monitor may be granted by
76-22	the commissioner of elementary and secondary education if he or she finds that an alternative
76-23	plan provides substantially equivalent safety for children. For the purposes of this section a
76-24	"school bus monitor" means any person sixteen (16) years of age or older.
76-25	(c) No school committee shall negotiate, extend, or renew any transportation contract
76-26	unless such contract enables the district to participate in the statewide transportation system,
76-27	without penalty to the district, upon implementation of the statewide transportation system
76-28	described in RIGL §§ 16-21.1-7 and 16-21.1-8. Notice of the implementation of the statewide
76-29	transportation system for in-district transportation shall be provided in writing by the department
76-30	of elementary and secondary education to the superintendent of each district upon
76-31	implementation. Upon implementation of the statewide system of transportation for all students,
76-32	each school committee shall purchase transportation services for their own resident students by
76-33	accessing the statewide system on a fee-for-service basis for each student; provided, however,
76-34	that any school committee that fulfills its transportation obligations primarily through the use of
77-1	district-owned buses or district employees may continue to do so. Variances to the requirement
77-2	for the purchase of transportation services through the statewide transportation system for non-
77-3	public and non-shared routes may be granted by the commissioner of elementary and secondary
77-4	education if the commissioner finds that an alternative system is more cost effective. All fees paid
77-5	for transportation services provided to students under the statewide system shall be paid into a
77-6	statewide student transportation services restricted receipt account within the department of
77-7	elementary and secondary education. Payments from the account shall be limited to payments to
77-8	the transportation service provider and transportation system consultants. This restricted receipt
77-9	account shall not be subject to the indirect cost recoveries provisions set forth in § 35-4-27.
77-10	SECTION 3. Sections 16-21.1-7 and 16-21.1-8 of the General Laws in Chapter 16-21.1
77-11	entitled “Transportation of School Pupils Beyond City and Town Limits” are hereby amended to
77-12	read as follows:
77-13	16-21.1-7. Statewide transportation of students with special needs. -- Notwithstanding
77-14	the regional structure created in this chapter, and pursuant to the obligation of school committees
77-15	to transport children with special needs to and from school either within the school district or in
77-16	another school district of the state created by § 16-24-4, the department of elementary and
77-17	secondary education, in collaboration with the office of statewide planning of the department of
77-18	administration, and the Rhode Island public transit authority shall develop a plan for the creation
77-19	and implementation of a statewide system of transportation of students with special needs to and
77-20	from school. The statewide school transportation system for children with special needs shall be
77-21	provided through a competitive request for proposals to which vendors of transportation services
77-22	may respond. Effective upon the implementation of this statewide system of transportation for
77-23	students with special needs, each school committee shall purchase the transportation services for
77-24	their own resident students with special needs by accessing this integrated statewide system of
77-25	transportation for children with special needs on a fee-for-service basis for each child; provided,
77-26	however, that any school committee that fulfills its transportation obligations primarily through
77-27	the use of district-owned buses or district employees may continue to do so. All fees paid for
77-28	transportation services provided to students under the statewide system shall be paid into a
77-29	statewide student transportation services restricted receipt account within the department of
77-30	elementary and secondary education. Payments from the account shall be limited to payments to
77-31	the transportation service provider and transportation system consultants. This restricted receipt
77-32	account shall not be subject to the indirect cost recoveries provisions set forth in § 35-4-27. The
77-33	goal of the statewide system of transportation for students with special needs shall be the
77-34	reduction of duplication of cost and routes in transporting children from the various cities and
78-1	towns to the same special education program providers using different buses from each city and
78-2	town, the improvement of services to children through the development of shorter ride times and
78-3	more efficient routes of travel, and the reduction of cost to local school committees through
78-4	achieving efficiency in eliminating the need for each school district to contract for and provide
78-5	these specialized transportation services separately. The department of elementary and secondary
78-6	education shall submit a report of their findings and plans to the general assembly by March 30,
78-7	2008.
78-8	16-21.1-8. Statewide transportation system for all students to be established.--
78-9	Notwithstanding the regional structure created in this chapter, the department of elementary and
78-10	secondary education, in collaboration with the office of statewide planning of the department of
78-11	administration, and the Rhode Island public transit authority shall conduct a comprehensive study
78-12	of all current transportation services for students in Rhode Island school districts in order to
78-13	develop a plan for the creation and implementation of a statewide system of transportation of all
78-14	students to and from school. The statewide school transportation system for all students shall be
78-15	provided through a competitive request for proposals to which vendors of transportation services
78-16	may respond. Effective upon the implementation of this statewide system of transportation for all
78-17	students, each school committee shall purchase the transportation services for their own resident
78-18	students by accessing this integrated statewide system of transportation on a fee-for-service basis
78-19	or each child; provided, however, that any school committee that fulfills its transportation
78-20	obligations primarily through the use of district-owned buses or district employees may continue
78-21	to do so. All fees paid for transportation services provided to students under the statewide system
78-22	shall be paid into a statewide student transportation services restricted receipt account within the
78-23	department of elementary and secondary education. Payments from the account shall be limited
78-24	to payments to the transportation service provider and transportation system consultants. This
78-25	restricted receipt account shall not be subject to the indirect cost recoveries provisions set forth in
78-26	§ 35-4-27. The goals of the statewide system of transportation for all students shall be the
78-27	reduction of duplication of cost and routes in transporting children from the various cities and
78-28	towns using different buses within and between each city and town, the improvement of services
78-29	to children through the development of shorter ride times and more efficient routes of travel, and
78-30	the reduction of cost to local school committees through achieving efficiency in eliminating the
78-31	need for each school district to contract for and provide these transportation services separately.
78-32	The comprehensive study of all current transportation services for students in Rhode Island
78-33	school districts and development of a plan for a statewide system of transportation of all students
78-34	to and from school shall be completed, with a report to the general assembly by March 30, 2008.
79-1	SECTION 4. Chapter 23-28.2 of the General Laws entitled “Division of Fire Safety” is
79-2	hereby amended by adding thereto the following section:
79-3	23-28.2-28. Rhode Island state firefighter's league grant account.-- (a) There is
79-4	hereby created within the department of public safety a restricted receipt account to be known as
79-5	the Rhode Island state firefighter’s league grant account. Donations received from the Rhode
79-6	Island state firefighter’s league shall be deposited into this account, and shall be used solely to
79-7	fund education and training programs for firefighters in the state.
79-8	(b) All amounts deposited in the Rhode Island state firefighter's league grant account
79-9	shall be exempt from the indirect cost recovery provisions of § 35-4-27.
79-10	SECTION 5. Chapter 40.1-3 of the General Laws entitled “Curative Services” is hereby
79-11	amended by adding thereto the following section:
79-12	40.1-3-16. Vigneron memorial fund grant account.-- (a) There is hereby created
79-13	within the department of mental health, retardation, and hospitals a restricted receipt account to
79-14	be known as the Vigneron memorial fund grant account. Donations deposited into the Vigneron
79-15	memorial fund grant account shall be used solely to provide material for the patients at
79-16	Zambarano hospital to improve their ability to express themselves, participate in motivating
79-17	activities, exert greater control over their daily environment, and increase their independence.
79-18	(b) All amounts deposited in the Vigneron memorial fund grant account on or after June
79-19	24, 2009, shall be exempt from the indirect cost recovery provisions of § 35-4-27.
79-20	SECTION 6. Chapter 42-7 of the General Laws entitled “Executive Department” is
79-21	hereby amended by adding thereto the following section:
79-22	42-7-8. American Recovery and Reinvestment Act Administration Expenses.-- (a)
79-23	There is hereby created restricted receipt accounts, within the office of the governor, for the
79-24	office of economic recovery and reinvestment, and within the department of administration for
79-25	the bureau of audits and the division of purchasing, to be known as ARRA administrative expense
79-26	accounts. Payments from the accounts shall be limited to expenses for administrative oversight
79-27	of American Recovery and Reinvestment Act (ARRA) funds. The governor's office of economic
79-28	recovery and reinvestment is authorized by OMB memorandum 09-18 to receive up to one-half
79-29	percent (0.5%) of stimulus funding to cover oversight expenses.
79-30	(b) All amounts deposited in the ARRA administration accounts shall be exempt from the
79-31	indirect cost recovery provisions of § 35-4-27.
79-32	(c) It is hereby provided, at the end of the American Recovery and Reinvestment Act
79-33	oversight period, balances from the ARRA administrative accounts shall revert to general
79-34	revenues.
80-1	SECTION 7. Section 42-75-13 of the General Laws in Chapter 42-75 entitled "Council
80-2	on the Arts" is hereby amended to read as follows:
80-3	42-75-13. Appropriation. – (a) During the fiscal year ending June 30, 2008, the state
80-4	lottery division within the department of revenue shall conduct, pursuant to chapter 62.61 of the
80-5	general laws, an instant game to be known as the "Arts Lottery Game." The net revenue from the
80-6	first three (3) months of the running of the "Arts Lottery Game" shall be deposited in a restricted
80-7	revenue account to be used by the Rhode Island Council on the Arts for the support and
80-8	improvement of the arts in this state. The provisions of this section shall prevail over any
80-9	inconsistent provisions of chapter 42-61.
80-10	(b) During the fiscal year ending June 30, 2010, the Rhode Island Council on the Arts
80-11	shall deposit any funds received from the Rhode Island Foundation in a restricted receipt account
80-12	to be used for the support and improvement of the arts in this state. All such funds deposited shall
80-13	be exempt from the indirect cost recovery provisions of section 35-4-7.
80-14	SECTION 8. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled
80-15	"Department of Mental Health, Retardation, and Hospitals" is hereby amended to read as follows:
80-16	40.1-1-13. Powers and duties of the office. -- Notwithstanding any provision of the
80-17	Rhode Island general laws to the contrary, the department of mental health, retardation, and
80-18	hospitals shall have the following powers and duties:
80-19	(1) To establish and promulgate the overall plans, policies, objectives, and priorities for
80-20	state substance abuse education, prevention and treatment; provided, however, that the director
80-21	shall obtain and consider input from all interested state departments and agencies prior to the
80-22	promulgation of any such plans or policies;
80-23	(2) Evaluate and monitor all state grants and contracts to local substance abuse service
80-24	providers;
80-25	(3) Develop, provide for, and coordinate the implementation of a comprehensive state
80-26	plan for substance abuse education, prevention and treatment;
80-27	(4) Ensure the collection, analysis, and dissemination of information for planning and
80-28	evaluation of substance abuse services;
80-29	(5) Provide support, guidance, and technical assistance to individuals, local
80-30	governments, community service providers, public and private organizations in their substance
80-31	abuse education, prevention and treatment activities;
80-32	(6) Confer with all interested department directors to coordinate the administration of
80-33	state programs and policies that directly affect substance abuse treatment and prevention;
80-34	(7) Seek and receive funds from the federal government and private sources in order to
81-1	further the purposes of this chapter;
81-2	(8) Act in the capacity of "state substance abuse authority" as that term has meaning for
81-3	coordination of state substance abuse planning and policy and as it relates to requirements set
81-4	forth in pertinent federal substance abuse laws and regulations;
81-5	(9) Propose, review and/or approve, as appropriate, proposals, policies or plans involving
81-6	insurance and managed care systems for substance abuse services in Rhode Island;
81-7	(10) To enter into, in compliance with the provisions of title 37, chapter 2, contractual
81-8	relationships and memoranda of agreement as necessary for the purposes of this chapter;
81-9	(11) To license facilities and programs for the care and treatment of substance abusers,
81-10	and for the prevention of substance abuse;
81-11	(12) To promulgate rules and regulations necessary to carry out the requirements of this
81-12	chapter;
81-13	(13) Perform other acts and exercise any other powers necessary or convenient to carry
81-14	out the intent and purposes of this chapter; and
81-15	(14) To exercise the authority and responsibilities relating to education, prevention and
81-16	treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter
81-17	1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter
81-18	21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and section
81-19	35-4-18.
81-20	(15) To establish a Medicare Part D restricted receipt account in the Hospitals and
81-21	Community Rehabilitation Services program to receive and expend Medicare Part D
81-22	reimbursements from pharmacy benefit providers consistent with the purposes of this chapter.
81-23	(16) To establish a RICLAS Group Home Operations restricted receipt account in the
81-24	services for the developmentally disabled program to receive and expend rental income from
81-25	RICLAS group clients for group home-related expenditures, including food, utilities, community
81-26	activities, and the maintenance of group homes.
81-27	(17) To establish a non-Medicaid third-party payor restricted receipt account in the
81-28	hospitals and community rehabilitation services program to receive and expend reimbursement
81-29	from non-Medicaid third-party payors to fund hospital patient services that are not Medicaid
81-30	eligible.
81-31	SECTION 9. Chapter 23-28.2 of the General Laws entitled "Division of Fire Safety" is
81-32	hereby amended by adding thereto the following section:
81-33	23-28.2-29. Fire academy training fees restricted receipt account. – There is hereby
81-34	created with the department of public safety a restricted receipt account to be known as the fire
82-1	academy training fees account. All receipts collected pursuant to section 23-28.2-23 shall be
82-2	deposited in this account and shall be used to fund costs associated with the fire training
82-3	academy. All amounts deposited into the fire academy training restricted receipt account shall be
82-4	exempt from the indirect cost recovery provisions of section 35-4-27.
82-5	SECTION 10. Section 9 shall take effect on July 1, 2010. The remainder of this article
82-6	shall take effect upon passage and shall apply retroactively to July 1, 2009, except as provided
82-7	within.
82-8	ARTICLE 11
82-9	RELATING TO TELECOMMUNICATIONS EDUCATION ACCESS FUND AND TDD
82-10	SECTION 1. Sections 39-1-42 and 39-1-61 of the General Laws in Chapter 39-1 entitled
82-11	“Public Utilities Commission” are hereby amended to read as follows:
82-12	39-1-42. Access to telephone information services for persons with disabilities. --
82-13	(a) The public utilities commission shall establish, administer and promote an
82-14	information accessibility service that includes:
82-15	(1) A statewide telephone relay service and, through the competitive bidding process,
82-16	contract for the administration and operation of such a relay system for utilization of the
82-17	telecommunications network by deaf, hard of hearing and speech impaired persons;
82-18	(2) The adaptive telephone equipment loan program capable of servicing the needs of
82-19	persons who are deaf, hard of hearing, severely speech impaired, or those with neuromuscular
82-20	impairments for use with a single party telephone line, to any subscriber who is certified as deaf,
82-21	hard of hearing, severely speech impaired, or with neuromuscular impairments by a licensed
82-22	physician, audiologist, speech pathologist, or a qualified state agency, pursuant to chapter 23 of
82-23	this title; and
82-24	(3) A telephone access to the text of newspaper programs to residents who are blind, deaf
82-25	or blind, visually impaired, or reading impaired with a single party telephone line.
82-26	(b) The commission shall establish, by rule or regulation, an appropriate funding
82-27	mechanism to recover the costs of providing this service from each residence and business
82-28	telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks
82-29	and each service line or trunk, and upon each user interface number or extension number or
82-30	similarly identifiable line, trunk, or path to or from a digital network and upon each wireless
82-31	(cellular) line. Notwithstanding the foregoing, there shall not be any additional funding
82-32	mechanism used to charge each residence and business telephone access line or truck in the state,
82-33	including PBX trunks and centrex equivalent trunks and each service line or trunk, or upon each
82-34	user interface number or extension number or similarly identifiable line, trunk or path to or from
83-1	a digital network, to recover the costs of providing the services outlined in subsections (a)(1), (2)
83-2	or (3) above.
83-3	(c) The commission, with the assistance of the state commission on the deaf and hard of
83-4	hearing, shall also develop the appropriate rules, regulations and service standards necessary to
83-5	implement the provisions of subsection (a)(1) of this section. At a minimum, however, the
83-6	commission shall require, under the terms of the contract, that the relay service provider:
83-7	(1) Offer its relay services seven (7) days a week, twenty-four (24) hours a day, including
83-8	holidays;
83-9	(2) Hire only qualified salaried operators with deaf language skills; and
83-10	(3) Maintain the confidentiality of all communications.
83-11	(d) [Deleted by P.L. 2004, ch. 504, § 3.]
83-12	(e) The commission shall collect from the telecommunications service providers the
83-13	amounts of the surcharge collected from their subscribers and remit to the department of human
83-14	services an additional ten thousand dollars ($10,000) annually commencing in fiscal year 2005
83-15	for the adaptive telephone equipment loan program and forty thousand dollars ($40,000) to the
83-16	department of human services for the establishment of a new telephone access to the text of
83-17	newspaper programs. The surcharge referenced hereunder shall be generated from existing
83-18	funding mechanisms and shall not be generated as a result of any new funding mechanisms
83-19	charged to each residence and business telephone access line or trunk in the state, including PBX
83-20	trunks and centrex equivalent trunks and each service line or trunk, or upon each user interface
83-21	number or extension number or similarly identifiable line, trunk or path to or from a digital
83-22	network.
83-23	39-1-61. Rhode Island telecommunications education access fund. -- (a) Preamble.
83-24	For the past ten (10) years, the schools and libraries of Rhode Island have benefited from a
83-25	regulatory agreement with Verizon and its predecessor companies that has provided up to two
83-26	million dollars ($2,000,000) annually for support of telecommunications lines for internet access.
83-27	In addition, the funds provided for in the original regulatory agreement and every dollar
83-28	generated hereunder leverages a one dollar and twenty-seven cents ($1.27) federal E-Rate match.
83-29	With the regulatory agreement approaching its termination and the advent of more advanced
83-30	technologies, it is the intent of this section to provide a continued source of funding for internet
83-31	access for eligible public and private schools and libraries.
83-32	(b) Definitions. As used in this section, the following terms have the following meanings:
83-33	(1) "Department" means the Rhode Island department of elementary and secondary
83-34	education.
84-1	(2) "Division" means the Division of Public Utilities and Carriers.
84-2	(3) "Telecommunications education access fund" means the programs and funding made
84-3	available to qualified libraries and schools to assist in paying the costs of acquiring, installing and
84-4	using telecommunications technologies to access the internet.
84-5	(c) Purpose. The purpose of the telecommunications education access fund shall be to
84-6	fund a basic level of internet connectivity for all of the qualified schools (kindergarten through
84-7	grade 12) and libraries in the state.
84-8	(d) Authority. The division shall establish, by rule or regulation, an appropriate funding
84-9	mechanism to recover from the general body of ratepayers the costs of providing
84-10	telecommunications technology to access the internet.
84-11	(1) The general assembly shall determine the amount of a monthly surcharge to be levied
84-12	upon each residence and business telephone access line or trunk in the state, including PBX
84-13	trunks and centrex equivalent trunks and each service line or trunk, and upon each user interface
84-14	number or extension number or similarly identifiable line, trunk, or path to or from a digital
84-15	network and upon each wireless (cellular) line. The department will provide the general assembly
84-16	with information and recommendations regarding the necessary level of funding to effectuate the
84-17	purposes of this article. The surcharge shall be billed by each telecommunications services
84-18	provider and shall be payable to the telecommunications services provider by the subscriber of
84-19	the telecommunications services. State, local and quasi-governmental agencies shall be exempt
84-20	from the surcharge. The surcharge shall be deposited in a restricted receipt account, hereby
84-21	created within the department of elementary and secondary education and known as the
84-22	telecommunications education access fund, to pay any and all costs associated with subsection
84-23	(b)(3). The amount of the surcharge shall not exceed thirty-five cents ($.35) per access line or
84-24	trunk.
84-25	(2) The surcharge is hereby determined to be ~~twenty-six cents ($.26)~~ thirty-two cents
84-26	($.32) per access line or trunk and six cents ($0.06) per wireless (cellular) line.
84-27	(3) The amount of the surcharge shall not be subject to the sales and use tax imposed
84-28	under chapter 18 of title 44 nor be included within the gross earnings of the telecommunications
84-29	corporation providing telecommunications service for the purpose of computing the tax under
84-30	chapter 13 of title 44.
84-31	(e) Administration. The division, with input from the department, shall administer the
84-32	telecommunications education access fund consistent with the requirements of the Universal
84-33	Service (E-Rate) program. The division of taxation shall collect from the telecommunications
84-34	service providers the amounts of the surcharge collected from their subscribers. The department,
85-1	with the approval of the division, shall publish requests for proposals that do not favor any
85-2	particular technology, evaluate competitive bids, and select products and services that best serve
85-3	the internet access needs of schools and libraries. In doing so, the department shall endeavor to
85-4	obtain all available E-Rate matching funds. The department is further authorized and encouraged
85-5	to seek matching funds from all local, state, and federal public or private entities. The department
85-6	shall approve dispersement [disbursement] of funds under this section in accordance with the
85-7	division's directives. Unsuccessful bids may be appealed to the division. The division shall
85-8	annually review the department's disbursements from this account to ensure that the department's
85-9	decisions do not favor any competitor.
85-10	(f) Eligibility. All schools seeking support from the fund must be eligible for Universal
85-11	Service (E-Rate) support and meet the definition of "elementary school" or "secondary school" in
85-12	the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. § 8801). Schools
85-13	operating as a for-profit business or with endowments exceeding fifty million dollars
85-14	($50,000,000) are not eligible for support. All libraries seeking support from the fund must meet
85-15	the definition of "library" or "library consortium" in the Library Services and Technology Act,
85-16	P.L. 104-208, § 211 et seq., 110 Stat. 3009 (1996) and must be eligible for assistance from a state
85-17	library administrative agency under that act. Only libraries that have budgets that are completely
85-18	separate from any schools (including, but not limited to, elementary and secondary, colleges and
85-19	universities) shall be eligible to receive support. Libraries operating as a for-profit business shall
85-20	not be eligible for support.
85-21	(g) Effective date. The effective date of assessment for the telecommunications
85-22	education access fund shall be January 1, 2004.
85-23	SECTION 2. This article shall take effect as of May 1, 2010.
85-24	ARTICLE 12
85-25	MEDICAL MALPRACTICE
85-26	SECTION 1. Section 42-14.1-1 of the General Laws in Chapter 42-14.1 entitled
85-27	"Department of Business Regulation - Medical Malpractice Insurance" is hereby amended to read
85-28	as follows:
85-29	42-14.1-1. Finding required. -- Upon a finding by the director of business regulation
85-30	that a competitive, stable market for medical malpractice insurance is lacking in the state of
85-31	Rhode Island and that as a consequence thereof, there is peril to the public health, safety, and
85-32	welfare of the people of the state of Rhode Island, the director is authorized to promulgate a
85-33	regulation addressed to the solution of the problem which may encompass among others, the
85-34	following provisions:
86-1	(a) Creation of a joint underwriting association consisting of all insurers authorized to
86-2	write, within this state on a direct basis, personal injury liability insurance as defined in section
86-3	27-9-2, including insurers covering these perils in multiple peril package policies. Every insurer
86-4	shall be a member of the association and shall remain a member as a condition of its authority to
86-5	continue to transact these kinds of insurance in this state.
86-6	(b) To effectuate the purpose of the association which is to provide a market for medical
86-7	malpractice insurance on a self-supporting basis, the association shall be authorized to issue
86-8	policies of medical malpractice and incidental liability insurance to physicians, hospitals, and
86-9	other health care providers, but need not be the exclusive agency through which this insurance
86-10	may be written on a primary basis in this state.
86-11	(c) Policies issued by the association shall be subject to a group retrospective rating plan
86-12	to be approved by the director of business regulation and shall be calculated to be self-supporting.
86-13	(d) The creation and administration of a stabilization reserve fund and initial
86-14	policyholder contribution to the fund. The purpose of the fund shall be the discharge when due of
86-15	any retrospective premium charges payable by policyholders of the association under the group
86-16	retrospective rating plan authorized by regulation. Any monies remaining in the fund after all
86-17	retrospective premium charges have been paid shall be returned to policyholders.
86-18	(e) Upon certification by the association to the director that the estimated amount of any
86-19	deficit remaining after the stabilization reserve fund has been exhausted in payment of the
86-20	maximum final premium for all policyholders of the association, the director shall authorize
86-21	members of the association to commence recoupment by one of the following procedures:
86-22	(1) Applying a surcharge to be determined by the association at a rate not to exceed one
86-23	percent (1%) of the annual premiums on future policies affording those kinds of insurance which
86-24	form the basis for their participation in the association, under procedures established by the
86-25	association; or
86-26	(2) Deducting their share of the deficit from past or future taxes due the state of Rhode
86-27	Island.
86-28	(f) Organization of a plan of operation, use of policies written on a "claim made" or
86-29	"occurrence" basis, participation of members of the association and all other powers necessary to
86-30	effectuate the purposes of the regulation.
86-31	(g) Any joint underwriting association created pursuant to the authority granted in this
86-32	chapter shall ~~be exempt from taxation on gross premiums and stabilization reserve funds received~~
86-33	~~for medical malpractice insurance as provided for in section 44-17-1. This provision shall be~~
86-34	~~applied retroactively to June 16, 1975, but in no way shall allow an exemption from taxation for~~
87-1	~~premiums received other than for medical malpractice insurance~~ pay an annual tax to the tax
87-2	administrator of two percent (2%) of the gross premiums on contracts of insurance.
87-3	(h) Any joint underwriting association created pursuant to the authority granted in this
87-4	chapter (including the related stabilization reserve fund) shall be an integral part of the state
87-5	government, and its activities shall constitute the performance of an essential governmental
87-6	function of the state of Rhode Island. This subdivision shall be applied retroactively to June 16,
87-7	1975.
87-8	SECTION 2. Section 44-17-1 of the General Laws in Chapter 44-17 entitled "Taxation of
87-9	Insurance Companies" is hereby amended to read as follows:
87-10	44-17-1. Companies required to file -- Payment of tax -- Retaliatory rates. -- (a)
87-11	Every domestic, foreign, or alien insurance company, mutual association, organization, or other
87-12	insurer, including any health maintenance organization, as defined in section 27-41-1, any
87-13	medical malpractice insurance joint underwriters association as defined in section 42-14.1-1, any
87-14	nonprofit dental service corporation as defined in section 27-20.1-2 and any nonprofit hospital or
87-15	medical service corporation, as defined in chapters 27-19 and 27-20, except companies mentioned
87-16	in section 44-17-6, and organizations defined in section 27-25-1, transacting business in this state,
87-17	shall, on or before March 1 in each year, file with the tax administrator, in the form that he or she
87-18	may prescribe, a return under oath or affirmation signed by a duly authorized officer or agent of
87-19	the company, containing information that may be deemed necessary for the determination of the
87-20	tax imposed by this chapter, and shall at the same time pay an annual tax to the tax administrator
87-21	of two percent (2%) of the gross premiums on contracts of insurance, except:
87-22	Ocean marine insurance, as referred to in section 44-17-6, covering property and risks
87-23	within the state, written during the calendar year ending December 31st next preceding, but in the
87-24	case of foreign or alien companies, except as provided in section 27-2-17(d) the tax is not less in
87-25	amount than is imposed by the laws of the state or country under which the companies are
87-26	organized upon like companies incorporated in this state or upon its agents, if doing business to
87-27	the same extent in the state or country.
87-28	SECTION 3. This article shall take effect as of January 1, 2010.
87-29	ARTICLE 13
87-30	PART A – Authorized Amendment to UTGR Master Contract
87-31	SECTION 1. Purpose. The general assembly hereby finds that the Twin River facility
87-32	located in the Town of Lincoln is an important source of revenue for the State of Rhode Island.
87-33	The purpose of the following sections related to UTGR is to help effectuate a plan for
87-34	reorganization, pursuant to the United States Bankruptcy Code, for UTGR, and thereby
88-1	strengthen the commercial health of the Twin River facility and protect for the people of Rhode
88-2	Island the public's share of revenues generated at the Twin River facility. It is the intent of the
88-3	general assembly that this article, being necessary for the welfare of the State and its citizens,
88-4	shall be liberally construed so as to effectuate its purposes, including without limitation, the
88-5	state's attempt to minimize certain commercial risks faced by UTGR when it operates the facility
88-6	and the business conducted thereon.
88-7	SECTION 2. Definitions. For purposes of this article, the following terms shall have the
88-8	following meanings, and to the extent that such terms are defined in Chapters 322 and 323 of the
88-9	Public Laws of 2005, those terms are herby amended as follows, provided that such terms, as they
88-10	may be amended hereby, only apply to UTGR and Twin River and shall have no effect with
88-11	regard to NGJA or Newport Grand.
88-12	(a) "Control" of an entity means the power of a person (or persons acting in concert) to
88-13	cause the entity to be managed in accordance with the wishes of that person (or persons acting in
88-14	concert) whether by means of being the beneficial owner of more than fifty percent (50%) of the
88-15	issued share capital or voting rights in that entity, or having the right to appoint or remove a
88-16	majority of the directors or otherwise control the votes at board meetings of that entity.
88-17	(b) "Director" means the director of the division of lotteries.
88-18	(c) "Division" means the division of lotteries within the department of revenue and/or any
88-19	successor as party to the UTGR Master Contract.
88-20	(d) "Division Percentage" means for any Marketing Year, the Division's percentage of net
88-21	terminal income as set forth in section 42-61.2-7.
88-22	(e) "First Amendment" means that certain first amendment to the UTGR Master Contract
88-23	authorized herein, which first amendment is to be entered into by and between the Division, the
88-24	department of transportation, and UTGR.
88-25	(f) "Lincoln Park" and Twin River" each means the gaming and entertainment facility
88-26	located at 100 Twin River Road, Lincoln, Rhode Island.
88-27	(g) "Marketing Program" means that Marketing Program authorized in section 4(a)(iii) of
88-28	this article, which program shall include marketing expenditures as defined by the Division.
88-29	(h) "Marketing Year" means each fiscal year of the state or a portion thereof between the
88-30	effective date of the First Amendment and the termination date of the UTGR Master Contract.
88-31	(i) "Master Contract" means with respect to UTGR, the UTGR Master Contract.
88-32	(j) "Plan" means that plan of reorganization filed pursuant to chapter 11 of title 11 of the
88-33	United States Code (11 U.S.C. sections 101-1532) and to be confirmed by order of the United
88-34	States Bankruptcy Court for the District of Rhode Island in those cased jointly administered under
89-1	case number 09-12418 (ANV).
89-2	(k) "Promotional Points Program" means that promotional points program authorized in
89-3	section 4(a)(ii) of this article.
89-4	(l) "State" means the State of Rhode Island.
89-5	(m) "Term" means with respect to UTGR, the UTGR Term.
89-6	(n) "UTGR" means UTGR, Inc., a Delaware corporation and including such entity, as
89-7	reorganized under the Plan, and any UTGR Business Affiliate. References herein to "UTGR"
89-8	shall include its permitted successors and assigns under the UTGR Master Contract, if licensed by
89-9	the Rhode Island department of business regulation.
89-10	(o) "UTGR" Business Affiliate" means any corporation, trust, partnership, joint venture
89-11	or any other form of business entity that Controls, is Controlled by or is under common Control
89-12	with, UTGR.
89-13	(p) "UTGR Master Contract" means that certain master video lottery terminal contract
89-14	made as of July 18, 2005 by and between the Division, department of transportation, and UTGR,
89-15	as such UTGR Master Contract is amended and extended as authorized herein and/or as such
89-16	UTGR Master Contract may be assigned as permitted herein.
89-17	(q) "UTGR Term" means the term of the UTGR Master Contract, which term commences
89-18	on the effective date of the UTGR Master Contract and continues through and including the fifth
89-19	(5th) anniversary of such effective date; provided that UTGR shall have two (2) successive five
89-20	(5) year extension options consistent with the terms of the UTGR Master Contract.
89-21	SECTION 3. Unless otherwise amended by this article, the terms, conditions, provisions,
89-22	and definitions of chapters 322 and 323 of the public laws of 2005 are hereby incorporated herein
89-23	by reference and shall remain in full force and effect.
89-24	SECTION 4. Authorized Procurement of First Amendment to the Master Video Lottery
89-25	Terminal Contract.
89-26	(a) Notwithstanding any provisions of the general laws or regulations adopted thereunder
89-27	to the contrary, including, but not limited to, the provisions of: Chapters 322 and 323 of the
89-28	public laws of 2005; chapter 2 of title 37 of the general laws; chapter 61 of title 42 of the general
89-29	laws; and chapter 61.2 of title 42 of the general laws, the Division is hereby expressly authorized
89-30	and empowered, and with respect to section 4(a)(vi) of this article the department of
89-31	transportation is also hereby expressly authorized and empowered, to enter into with UTGR a
89-32	First Amendment to the UTGR Master Contract, to be become effective upon the effective date of
89-33	the Plan for the following purposes and containing the following terms and conditions, all of
89-34	which shall be set forth in more particular detail in the First Amendment:
90-1	(i) To provide for a UTGR Term commencing on the effective date of the UTGR Master
90-2	Contract and continuing through and including the fifth (5th) anniversary of such effective date;
90-3	provided that UTGR shall have two (2) successive five (5) years extension options with the First
90-4	Extension Term, as defined in the UTGR Master Contract, commencing on July 18, 2010 and the
90-5	Second Extension Term, as defined in the UTGR Master Contract, commencing on July 18, 2015.
90-6	Except as otherwise provided herein in section 4(a)(vi), the exercise of the option to extend said
90-7	Master Contract shall be subject to the terms and conditions of section 2.5 of the UTGR Master
90-8	Contract; provided however, section 2.5B of the UTGR Master Contract shall be amended such
90-9	that with respect to UTGR's exercise of its option to extend for the Second Extension Term,
90-10	UTGR shall be required to certify to the Division that (i) there are 650 full-time equivalent
90-11	employees at the Twin River facility on the date of the exercise of the option for the Second
90-12	Extension Term; and (ii) for the one-year period preceding the date said Second Extension Term
90-13	option is exercised, there had been 650 full-time equivalent employees on average, as the term
90-14	full-time equivalent employee is defined in section 2.5B of the UTGR Master Contract and as
90-15	confirmed by the Rhode Island department of labor and training.
90-16	(ii) To provide for a Promotional Points Program at Twin River, pursuant to the terms
90-17	and conditions established from time to time by the Division during the UTGR Term, such terms
90-18	to include, but not limited to, a State fiscal year audit of the Promotional Points Program, the cost
90-19	of which audit shall be borne by UTGR. The approved amount of the Promotional Points
90-20	Program shall not exceed four percent (4%) of the amount of UTGR's net terminal income of the
90-21	prior Marketing Year. Said promotional points are to be used by UTGR to provide promotional
90-22	points to customers and prospective customers of UTGR at Twin River. Nothing herein shall
90-23	prohibit UTGR, with prior approval from the Division, from spending additional funds on the
90-24	Promotional Points Program; provided, however, that said additional amounts shall not be funded
90-25	in any part by net terminal income.
90-26	(iii) To provide for a Marketing Program for Twin River, which shall be monitored by the
90-27	Division and pursuant to which, for each Marketing Year, to the extent UTGR's marketing
90-28	expenditures exceed four million dollars ($4,000,000), the Division shall pay UTGR an amount
90-29	equal to the product of such excess multiplied by the Division Percentage, provided, however,
90-30	that (1) the total amount payable by the Division for each Marketing Year pursuant to this section
90-31	4(a)(iii) shall be capped at an amount equal to the Division Percentage multiplied by six million
90-32	dollars ($6,000,000) and (2) the Division shall not owe any amount pursuant to this section
90-33	4(a)(iii) in any given Marketing Year unless, pursuant to subsection 42-61.2-7(a), the State has
90-34	received net terminal income for such Marketing Year in an amount equal to or exceeding the
91-1	amount of net terminal income the State received for the State's fiscal year 2009; provided,
91-2	further, that in any partial Marketing Year, the total amount payable by the Division shall be
91-3	capped at an amount equal to six million dollars ($6,000,000) multiplied by the Division
91-4	Percentage, the product of which shall be further reduced by multiplying it by a fraction, (A) the
91-5	numerator of which is the number of days in any such partial Marketing Year and (B) the
91-6	denominator of which is 365. (It is anticipated that the only partial Marketing Years shall occur
91-7	between the effective date of the First Amendment and the last day of the fiscal year of the State
91-8	during which such effective date occurred and/or the first day of the fiscal year of the State in
91-9	which the termination of the UTGR Master Contract occurs and the termination date of the
91-10	UTGR Master Contract, as the case may be).
91-11	(iv) To provide that the UTGR Master Contract shall not be assigned by either party
91-12	without the prior written consent of the other party and to further provide that so long as the
91-13	proposed assignee of UTGR or any of its permitted successors shall have been found to be
91-14	qualified by the Division to hold a video lottery terminal license, the Division shall not
91-15	unreasonably withhold or delay its consent to such proposed assignment. Proposed assignees
91-16	and/or successors shall be subject to licensure by the appropriate regulatory authorities.
91-17	(v) To permit UTGR, at its discretion, to maintain and operate all video lottery games at
91-18	Twin River up to twenty-four (24) hours per day, up to seven (7) days per week, including
91-19	without limitation, federal and state recognized holidays.
91-20	(vi) To irrevocably waive, release, acknowledge the fulfillment of or to deem fulfilled, as
91-21	applicable, as of the effective date of the Plan, (1) any obligation, covenant, condition or
91-22	commitment performed or to be performed by UTGR, BLB and/or any BLB affiliate under or in
91-23	connection with the UTGR Master Contract prior to and/or including the effective date of the
91-24	Plan; (2) any UTGR breach, default, noncompliance or delayed compliance on the part of UTGR,
91-25	BLB and/or any BLB affiliate of any representation, warranty, covenant, term or condition any
91-26	time prior to and/or including the effective date of the Plan, and (3) in connection with UTGR's
91-27	right to exercise the option for the First Extension Term only, any prior obligation, covenant,
91-28	condition, circumstance or commitment under section 2.5.B of the UTGR Master Contract;
91-29	specifically, said waiver, release, and acknowledgement of section 2.5B shall not relate to the
91-30	Second Extension Term.
91-31	(b) The entry into by the Division, department of transportation, and UTGR of the First
91-32	Amendment is hereby authorized, approved, ratified and confirmed in all respects.
91-33	(c) Any amounts related to the Marketing Program payable by the Division shall be paid
91-34	on a frequency agreed by the Division (but no less frequently than annually) out of that share of
92-1	net terminal income disbursed pursuant to subsection 42-61.2-7(a)(1) as an administrative
92-2	expense of the Division, after allocation of net terminal income pursuant to subsections 42-61.2-
92-3	7(a)(1), (2), (3), (4), (5), and (6).
92-4	SECTION 5. Section 41-3.1-3 of the General Laws in Chapter 41-3.1 entitled "Dog
92-5	Racing in Burrillville, Lincoln, and West Greenwich" is hereby amended to read as follows:
92-6	41-3.1-3. Regulation of operations. -- (a) The division of racing and athletics is hereby
92-7	authorized to license dog racing in the towns of Burrillville, Lincoln, and West Greenwich. The
92-8	operation of a dog track shall be under the division's supervision. The division is hereby
92-9	authorized to issue rules and regulations for the supervision of the operations, and the regulations
92-10	are to be issued prior to commencement of licensing hearings.
92-11	(b) Any license granted under the provisions of this chapter shall be subject to the rules
92-12	and regulations promulgated by the division and shall be subject to suspension or revocation for
92-13	any cause which the division shall deem sufficient after giving the licensee a reasonable
92-14	opportunity for a hearing at which he or she shall have the right to be represented by counsel. If
92-15	any license is suspended or revoked, the division shall state the reasons for the suspension or
92-16	revocation and cause an entry of the reasons to be made on the record books of the division.
92-17	(c) The division of commercial licensing and racing and athletics in the department of
92-18	business regulation shall be prohibited from licensing dog racing and/or the operation of a dog
92-19	track upon which dog racing occurs in the town of Lincoln. Any license having been issued and
92-20	in effect as of the effective date of this article shall be null and void and any licensee shall be
92-21	prohibited form operating thereunder; provided, however, that the following entities shall be
92-22	deemed pari-mutuel licensees as defined in section 42-61.2-1 et seq. and licensees as defined in
92-23	section 41-11-1 et seq.: (i) any entity having been issued a license to operate a dog track prior to
92-24	December 31, 2008; and (ii) any entity having been issued a license to operate a dog track prior to
92-25	December 31, 2008 that after such date is reorganized under a confirmed plan of reorganization
92-26	pursuant to chapter 11 of title 11 of the United States Bankruptcy Code (11 U.S.C. sections 101-
92-27	1532); and provided further, that in the case of a reorganized licensee under clause (ii) above, its
92-28	application for a license is approved and issued by the department of business regulation in the
92-29	event of a proposed change in Control of the entity. Nothing herein shall limit the ability of the
92-30	department of business regulation, in connection with a proposed change in Control, to
92-31	investigate and subject to the regulatory due diligence process, any holder of an ownership
92-32	interest regardless of percentage of ownership held.
92-33	SECTION 6. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled "Video
92-34	Lottery Terminal" is hereby amended as follows:
93-1	42-61.2-7. Division of revenue. [Effective June 30, 2009 and expires June 30, 2010.] -
93-2	(a) Notwithstanding the provisions of section 42-61-15, the allocation of net terminal
93-3	income derived from video lottery games is as follows:
93-4	(1) For deposit in the general fund and to the state lottery division fund for
93-5	administrative purposes: Net terminal income not otherwise disbursed in accordance with
93-6	subdivisions (a)(2) -- (a)~~(7)~~(6) herein;
93-7	(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one
93-8	percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally
93-9	allocated to the distressed communities as defined in section 45-13-12 provided that no eligible
93-10	community shall receive more than twenty-five percent (25%) of that community's currently
93-11	enacted municipal budget as its share under this specific subsection. Distributions made under
93-12	this specific subsection are supplemental to all other distributions made under any portion of
93-13	general laws section 45-13-12. For the fiscal year ending June 30, 2008 distributions by
93-14	community shall be identical to the distributions made in the fiscal year ending June 30, 2007 and
93-15	shall be made from general appropriations. For the fiscal year ending June 30, 2009, the total
93-16	state distribution shall be the same total amount distributed in the fiscal year ending June 30,
93-17	2008 and shall be made from general appropriations. For the fiscal year ending June 30, 2010, the
93-18	total state distribution shall be the same total amount distributed in the fiscal year ending June 30,
93-19	2009 and shall be made from general appropriations, provided however that $784,458 of the total
93-20	appropriation shall be distributed equally to each qualifying distressed community.
93-21	(ii) Five one hundredths of one percent (0.05%) up to a maximum of five million dollars
93-22	($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of section 44-
93-23	33-2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum
93-24	amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit
93-25	of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be
93-26	less than the prior fiscal year.
93-27	(iii) One and twenty-two one hundredths of one percent (1.22%) to fund section 44-34.1-
93-28	1, entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum
93-29	amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event
93-30	shall the exemption in any fiscal year be less than the prior fiscal year.
93-31	(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent
93-32	(0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to
93-33	communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of
93-34	general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008
94-1	distributions by community shall be identical to the distributions made in the fiscal year ending
94-2	June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30,
94-3	2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010 and thereafter,
94-4	funding shall be determined by appropriation.
94-5	(2) To the licensed video lottery retailer:
94-6	(a) (i) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-
94-7	six percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars
94-8	($384,996);
94-9	(ii) On and after the effective date of the NGJA Master Contract, to the licensed video
94-10	lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said
94-11	Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars
94-12	($384,996).
94-13	(b) (i) Prior to the effective date of the UTGR Master Contract, to the present licensed
94-14	video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-
94-15	eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven
94-16	thousand six hundred eighty-seven dollars ($767,687);
94-17	(ii) On and after the effective date of the UTGR Master Contract, to the licensed video
94-18	lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said
94-19	Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars
94-20	($767,687).
94-21	(3) (i) To the technology providers who are not a party to the GTECH Master Contract
94-22	as set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net
94-23	terminal income of the provider's terminals;
94-24	(ii) To contractors who are a party to the Master Contract as set forth and referenced in
94-25	Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;
94-26	(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted
94-27	proportionately from the payments to technology providers the sum of six hundred twenty-eight
94-28	thousand seven hundred thirty-seven dollars ($628,737);
94-29	(4) To the city of Newport one and one hundredth percent (1.01%) of net terminal
94-30	income of authorized machines at Newport Grand except that ~~upon passage~~ effective November
94-31	9, 2009, the allocation shall be one and two tenths percent (1.2%) of net terminal income of
94-32	authorized machines at Newport Grand for each week the facility operates video lottery games on
94-33	a twenty-four (24) hour basis for all eligible hours authorized and to the town of Lincoln one and
94-34	twenty-six hundredths percent (1.26%) of net terminal income of authorized machines at Lincoln
95-1	Park except that ~~upon passage~~ effective November 9, 2009, the allocation shall be one and forty-
95-2	five hundredths percent (1.45%) of net terminal income of authorized machines at Lincoln Park
95-3	for each week the facility operates video lottery games on a twenty-four (24) hour basis for all
95-4	eligible hours authorized;
95-5	(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net
95-6	terminal income of authorized machines at Lincoln Park up to a maximum of ten million dollars
95-7	($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a
95-8	Tribal Development Fund to be used for the purpose of encouraging and promoting: home
95-9	ownership and improvement, elderly housing, adult vocational training; health and social
95-10	services; childcare; natural resource protection; and economic development consistent with state
95-11	law. Provided, however, such distribution shall terminate upon the opening of any gaming facility
95-12	in which the Narragansett Indians are entitled to any payments or other incentives; and provided
95-13	further, any monies distributed hereunder shall not be used for, or spent on previously contracted
95-14	debts; and
95-15	(6) Unclaimed prizes and credits shall remit to the general fund of the state;
95-16	(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)~~(7)~~(6)
95-17	shall be made on an estimated monthly basis. Payment shall be made on the tenth day following
95-18	the close of the month except for the last month when payment shall be on the last business day.
95-19	(b) Notwithstanding the above, the amounts payable by the Division to UTGR related to
95-20	the Marketing Program shall be paid on a frequency agreed by the Division, but no less
95-21	frequently than annually.
95-22	(c) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the
95-23	Director is authorized to fund the Marketing Program as described above in regard to the First
95-24	Amendment to the UTGR Master Contract.
95-25	42-61.2-7. Division of revenue. [Effective June 30, 2010] -- (a) Notwithstanding the
95-26	provisions of section 42-61-15, the allocation of net terminal income derived from video lottery
95-27	games is as follows:
95-28	(1) For deposit in the general fund and to the state lottery division fund for
95-29	administrative purposes: Net terminal income not otherwise disbursed in accordance with
95-30	subdivisions (a)(2) -- (a)~~(7)~~(6) herein;
95-31	(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one
95-32	percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally
95-33	allocated to the distressed communities as defined in section 45-13-12 provided that no eligible
95-34	community shall receive more than twenty-five percent (25%) of that community's currently
96-1	enacted municipal budget as its share under this specific subsection. Distributions made under
96-2	this specific subsection are supplemental to all other distributions made under any portion of
96-3	general laws section 45-13-12. For the fiscal year ending June 30, 2008 distributions by
96-4	community shall be identical to the distributions made in the fiscal year ending June 30, 2007 and
96-5	shall be made from general appropriations. For the fiscal year ending June 30, 2009, the total
96-6	state distribution shall be the same total amount distributed in the fiscal year ending June 30,
96-7	2008 and shall be made from general appropriations. For the fiscal year ending June 30, 2010, the
96-8	total state distribution shall be the same total amount distributed in the fiscal year ending June 30,
96-9	2009 and shall be made from general appropriations, provided however that $784,458 of the total
96-10	appropriation shall be distributed equally to each qualifying distressed community.
96-11	(ii) Five one hundredths of one percent (0.05%) up to a maximum of five million dollars
96-12	($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of section 44-
96-13	33-2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum
96-14	amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit
96-15	of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be
96-16	less than the prior fiscal year.
96-17	(iii) One and twenty-two one hundredths of one percent (1.22%) to fund section 44-34.1-
96-18	1, entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum
96-19	amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event
96-20	shall the exemption in any fiscal year be less than the prior fiscal year.
96-21	(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent
96-22	(0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to
96-23	communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of
96-24	general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008
96-25	distributions by community shall be identical to the distributions made in the fiscal year ending
96-26	June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30,
96-27	2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010 and thereafter,
96-28	funding shall be determined by appropriation.
96-29	(2) To the licensed video lottery retailer:
96-30	(a) (i) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-
96-31	six percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars
96-32	($384,996);
96-33	(ii) On and after the effective date of the NGJA Master Contract, to the licensed video
96-34	lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said
97-1	Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars
97-2	($384,996).
97-3	(b) (i) Prior to the effective date of the UTGR Master Contract, to the present licensed
97-4	video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-
97-5	eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven
97-6	thousand six hundred eighty-seven dollars ($767,687);
97-7	(ii) On and after the effective date of the UTGR Master Contract, to the licensed video
97-8	lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said
97-9	Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars
97-10	($767,687).
97-11	(3) (i) To the technology providers who are not a party to the GTECH Master Contract
97-12	as set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net
97-13	terminal income of the provider's terminals;
97-14	(ii) To contractors who are a party to the Master Contract as set forth and referenced in
97-15	Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;
97-16	(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted
97-17	proportionately from the payments to technology providers the sum of six hundred twenty-eight
97-18	thousand seven hundred thirty-seven dollars ($628,737);
97-19	(4) To the city of Newport one and one hundreth percent (1.01%) of net terminal income
97-20	of authorized machines at Newport Grand and to the town of Lincoln one and twenty-six
97-21	hundreths (1.26%) of net terminal income of authorized machines at Lincoln Park; and
97-22	(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net
97-23	terminal income of authorized machines at Lincoln Park up to a maximum of ten million dollars
97-24	($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a
97-25	Tribal Development Fund to be used for the purpose of encouraging and promoting: home
97-26	ownership and improvement, elderly housing, adult vocational training; health and social
97-27	services; childcare; natural resource protection; and economic development consistent with state
97-28	law. Provided, however, such distribution shall terminate upon the opening of any gaming facility
97-29	in which the Narragansett Indians are entitled to any payments or other incentives; and provided
97-30	further, any monies distributed hereunder shall not be used for, or spent on previously contracted
97-31	debts; and
97-32	(6) Unclaimed prizes and credits shall remit to the general fund of the state;
97-33	(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)~~(7)~~(6)
97-34	shall be made on an estimated monthly basis. Payment shall be made on the tenth day following
98-1	the close of the month except for the last month when payment shall be on the last business day.
98-2	(b) Notwithstanding the above, the amounts payable by the Division to UTGR related to
98-3	the Marketing Program shall be paid on a frequency agreed by the Division, but no less
98-4	frequently than annually.
98-5	(c) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the
98-6	Director is authorized to fund the Marketing Program as described above in regard to the First
98-7	Amendment to the UTGR Master Contract.
98-8	SECTION 7. Chapter 322 of the 2005 Public Laws entitled "An Act Enabling the
98-9	Division of Lotteries to Enter into a Master Video Lottery Terminal Contract with UTGR, Inc.
98-10	and to Enter into a Master Video Lottery Terminal Contract With Newport Grand Jai Alai, LLC."
98-11	is hereby amended by adding thereto the following sections:
98-12	Section 8A. Waiver and Release of UTGR, BLB and BLB Affiliates.
98-13	The State, on behalf of itself and each entity thereof, including, but not limited to, the
98-14	Division, and the department of revenue and the department of transportation, hereby expressly
98-15	waives and authorizes the Division, on behalf of itself and the department of revenue and the
98-16	department of transportation on behalf of itself, to separately irrevocably waive, release,
98-17	acknowledge the fulfillment of or to deem fulfilled, as applicable, as of the effective date of the
98-18	Plan: (1) any obligation, covenant, condition or commitment performed or to be performed by
98-19	UTGR, BLB and/or any BLB affiliate under or in connection with the UTGR Master Contract
98-20	prior to and/or including the effective date of the Plan; (2) any UTGR breach, default,
98-21	noncompliance or delayed compliance on the part of UTGR, BLB and/or any BLB affiliate of any
98-22	representation, warranty, covenant, term or condition any time prior to and/or including the
98-23	effective date of the Plan; and (3) in connection with UTGR's right to exercise the option for the
98-24	First Extension only, any obligation, covenant, condition, circumstance or commitment under
98-25	section 2.5.B of the UTGR Master Contract; specifically, said waiver, release, and
98-26	acknowledgement of section 2.5B shall not relate to the Second Extension Term.
98-27	Section 8B. Enforcement of Obligations.
98-28	(a) Except as currently exists for Twin River under the provisions of subsection 42-61.2-
98-29	7(a)(2) and except as hereinafter expressly provided in section 8B(b), hereof, if the State or any
98-30	entity thereof, including the Division, enters into any agreement or adopts, modifies or amends
98-31	any law, rule or regulation that would impair the rights of UTGR under this article and/or under
98-32	the UTGR Master Contract, as may be amended in the future, and as extended pursuant to this
98-33	article and as may be extended in the future (as so amended and extended by this article and as
98-34	may be amended and extended in the future), and/or fails to provide UTGR with slippage
99-1	protection as described herein and the UTGR Master Contract, UTGR may bring a claim against
99-2	the State and/or Division, for actual damages and/or specific performance and/or other equitable
99-3	relief, notwithstanding any limitation on such damages imposed by the laws of the State. For
99-4	purposes of computing the actual damages with respect to any claim by UTGR against the State
99-5	and/or the Division for a failure to provide slippage protection pursuant to the provisions of this
99-6	article and the UTGR Master Contract, "actual damages" means the positive difference between:
99-7	(i) the gaming facility revenues UTGR would have retained had the State or any entity thereof,
99-8	including, the Division, provided slippage protection for the period of time that the State and/or
99-9	the Division fails to provide slippage protect on during the term of the UTGR Master Contract;
99-10	and (ii) the gaming facility revenues actually retained by UTGR.
99-11	(b) Except only as provided in section 8A, nothing in this article shall limit the authority
99-12	of the Division to enforce its rights under the UTGR Master Contract. Except as provided in
99-13	section 8B(a), nothing in this article shall limit the authority of the State to enact, adopt and
99-14	enforce laws and regulations which are of general application.
99-15	(c) In the event of any inconsistency between the provisions of this section 8B and the
99-16	provisions of subsections (c) and (d) of section 5 of chapters 322 and 323 of the public laws of
99-17	2005, the provisions of this section 8B shall govern.
99-18	(d) The Division is authorized and empowered to amend the UTGR Master Contract
99-19	consistent with the provisions of this article.
99-20	SECTION 8. Chapter 323 of the 2005 Public Laws entitled "An Act Enabling the
99-21	Division of Lotteries to Enter into a Master Video Lottery Terminal Contract with UTGR, Inc.
99-22	and to Enter into a Master Video Lottery Terminal Contract With Newport Grand Jai Alai, LLC."
99-23	is hereby amended by adding thereto the following sections:
99-24	Section 8A. Waiver and Release of UTGR, BLB and BLB Affiliates.
99-25	The State, on behalf of itself and each entity thereof, including, but not limited to, the
99-26	Division, and the department of revenue and the department of transportation, hereby expressly
99-27	waives and authorizes the Division on behalf of itself and the department of revenue and the
99-28	department of transportation on behalf of itself, to separately irrevocably waive, release,
99-29	acknowledge the fulfillment of or to deem fulfilled, as applicable, as of the effective date of the
99-30	Plan: (1) any obligation, covenant, condition or commitment performed or to be performed by
99-31	UTGR, BLB and/or any BLB affiliate under or in connection with the UTGR Master Contract
99-32	prior to and/or including the effective date of the Plan; (2) any UTGR breach, default,
99-33	noncompliance or delayed compliance on the part of UTGR, BLB and/or any BLB affiliate of any
99-34	representation, warranty, covenant, term or condition any time prior to and/or including the
100-1	effective date of the Plan; and (3) in connection with UTGR's right to exercise the option for the
100-2	First Extension only, any obligation, covenant, condition, circumstance or commitment under
100-3	section 2.5.B of the UTGR Master Contract; specifically, said waiver, release, and
100-4	acknowledgement of section 2.5B shall not relate to the Second Extension Term.
100-5	Section 8B. Enforcement of Obligations.
100-6	(a) Except as currently exists for Twin River under the provisions of subsection 42-61.2-
100-7	7(a)(2) and except as hereinafter expressly provided in section 8B(b), hereof, if the State or any
100-8	entity thereof, including the Division, enters into any agreement or adopts, modifies or amends
100-9	any law, rule or regulation that would impair the rights of UTGR under this article and/or under
100-10	the UTGR Master Contract, as may be amended in the future, and as extended pursuant to this
100-11	article and as may be extended in the future (as so amended and extended by this article and as
100-12	may be amended and extended in the future), and/or fails to provide UTGR with slippage
100-13	protection as described herein and the UTGR Master Contract, UTGR may bring a claim against
100-14	the State and/or Division, for actual damages and/or specific performance and/or other equitable
100-15	relief, notwithstanding any limitation on such damages imposed by the laws of the State. For
100-16	purposes of computing the actual damages with respect to any claim by UTGR against the State
100-17	and/or the Division for a failure to provide slippage protection pursuant to the provisions of this
100-18	article and the UTGR Master Contract, "actual damages" means the positive difference between:
100-19	(i) the gaming facility revenues UTGR would have retained had the State or any entity thereof,
100-20	including, the Division, provided slippage protection for the period of time that the State and/or
100-21	the Division fails to provide slippage protect on during the term of the UTGR Master Contract;
100-22	and (ii) the gaming facility revenues actually retained by UTGR.
100-23	(b) Except only as provided in section 8A, nothing in this article shall limit the authority
100-24	of the Division to enforce its rights under the UTGR Master Contract. Except as provided in
100-25	section 8B(a), nothing in this article shall limit the authority of the State to enact, adopt and
100-26	enforce laws and regulations which are of general application.
100-27	(c) In the event of any inconsistency between the provisions of this section 8B and the
100-28	provisions of subsections (c) and (d) of section 5 of chapters 322 and 323 of the public laws of
100-29	2005, the provisions of this section 8B shall govern.
100-30	(d) The Division is authorized and empowered to amend the UTGR Master Contract
100-31	consistent with the provisions of this article.
100-32	SECTION 9. Section 8 of Chapter 322 of the 2005 Public Laws entitled "An Act
100-33	Enabling the Division of Lotteries to Enter into a Master Video Lottery Terminal Contract with
100-34	UTGR, Inc. and to Enter into a Master Video Lottery Terminal Contract With Newport Grand Jai
101-1	Alai, LLC." is hereby amended as follows:
101-2	SECTION 8. State's Lincoln Park Obligations Contingent Upon Acquisition Completion.
101-3	The obligations of the State, including the department of transportation and/or the
101-4	division, set forth under the provisions of this act shall be and are hereby declared to be expressly
101-5	contingent upon the acquisition of the Wembley US Group by BLB or a BLB Affiliate taking
101-6	place, as contemplated in this act. Except as may be permitted by the UTGR Master Contract, this
101-7	act shall not be deemed and/or construed to create and or vest any rights in BLB, or a BLB
101-8	Affiliate, or any entity Controlling, Controlled by or under common Control with UTGR, which
101-9	may be assigned, delegated, and/or otherwise transferred to any other entity.; provided however,
101-10	that notwithstanding subsection 41-3.1-3(c), (i) nothing in this act shall restrict the ability of any
101-11	person owning all or part of UTGR, including a person (or persons acting in concert) Controlling
101-12	UTGR, from assigning, delegating and/or otherwise transferring its (or their) interest in UTGR to
101-13	any other entity, and (ii) any such assignment, delegation and/or transfer shall not affect UTGR's
101-14	pari-mutuel license; provided however, that any such proposed assignment, delegation and/or
101-15	transfer that effects a change of Control of UTGR shall be subject to prior approval and licensure
101-16	by the appropriate regulatory authorities. Nothing herein shall limit the ability of the department
101-17	of business regulation, in connection with any such proposed assignment, delegation and/or
101-18	transfer that effects a change of Control of UTGR, to investigate and subject to the regulatory due
101-19	diligence process, any holder of an ownership interest regardless of percentage of ownership held.
101-20	SECTION 10. Section 8 of Chapter 323 of the 2005 Public Laws entitled "An Act
101-21	Enabling the Division of Lotteries to Enter into a Master Video Lottery Terminal Contract with
101-22	UTGR, Inc. and to Enter into a Master Video Lottery Terminal Contract With Newport Grand Jai
101-23	Alai, LLC." is hereby amended to read as follows:
101-24	SECTION 8. State's Lincoln Park Obligations Contingent Upon Acquisition Completion.
101-25	The obligations of the State, including the department of transportation and/or the
101-26	division, set forth under the provisions of this act shall be and are hereby declared to be expressly
101-27	contingent upon the acquisition of the Wembley US Group by BLB or a BLB Affiliate taking
101-28	place, as contemplated in this act. Except as may be permitted by the UTGR Master Contract, this
101-29	act shall not be deemed and/or construed to create and or vest any rights in BLB, or a BLB
101-30	Affiliate, or any entity Controlling, Controlled by or under common Control with UTGR, which
101-31	may be assigned, delegated, and/or otherwise transferred to any other entity.; provided however,
101-32	that notwithstanding subsection 41-3.1-3(c), (i) nothing in this act shall restrict the ability of any
101-33	person owning all or part of UTGR, including a person (or persons acting in concert) Controlling
101-34	UTGR, from assigning, delegating and/or otherwise transferring its (or their) interest in UTGR to
102-1	any other entity, and (ii) any such assignment, delegation and/or transfer shall not affect UTGR's
102-2	pari-mutuel license; provided however, that any such proposed assignment, delegation and/or
102-3	transfer that effects a change of Control of UTGR shall be subject to prior approval and licensure
102-4	by the appropriate regulatory authorities. Nothing herein shall limit the ability of the department
102-5	of business regulation, in connection with any such proposed assignment, delegation and/or
102-6	transfer that effects a change of Control of UTGR, to investigate and subject to the regulatory due
102-7	diligence process, any holder of an ownership interest regardless of percentage of ownership held.
102-8	SECTION 11. Consistent with the Rhode Island Constitution, nothing in this article shall
102-9	be deemed to give any person or entity other than the Division operational control of video lottery
102-10	games or the conduct thereof, and provided further, this article shall not affect any statutory
102-11	authority establishing regulatory authority over or control by any other State agency(ies) of Twin
102-12	River, its licensees, Video Lottery Terminals, individuals, and/or entities as appropriate.
102-13	SECTION 12. Severability. If any clause, sentence, paragraph, section, or part of this
102-14	article shall be adjudged by any court of competent jurisdiction as invalid, such judgment shall
102-15	not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to
102-16	clause, sentence, paragraph, section or part directly involved in the controversy in which such
102-17	judgment shall have been rendered.
102-18	SECTION 13. This article shall take effect upon passage.
102-19	PART B – Authorized Amendment to Newport Grand Master Contract
102-20	SECTION 1. Purpose. The general assembly hereby finds that the Newport Grand facility
102-21	located in the City of Newport is an important source of revenue for the State of Rhode Island.
102-22	The purpose of the following sections related to Newport Grand is to help strengthen the
102-23	commercial health of the Newport Grand facility and protect for the people of Rhode Island the
102-24	public's share of revenues generated at the Newport Grand facility. It is the intent of the general
102-25	assembly that this article, being necessary for the welfare of the State and its citizens, shall be
102-26	liberally construed so as to effectuate its purposes, including without limitation, the state's attempt
102-27	to minimize certain commercial risks faced by Newport Grand when it operates the facility and
102-28	the business conducted thereon.
102-29	SECTION 2. Definitions. For purposes of this article, the following terms shall have the
102-30	following meanings, and to the extent that such terms are defined in Chapters 322 and 323 of the
102-31	Public Laws of 2005, those terms are herby amended as follows, provided that such terms, as they
102-32	may be amended hereby, only apply to Newport Grand and shall have no effect with regard to
102-33	UTGR or Twin River.
102-34	(a) "Director" means the director of the division of lotteries.
103-1	(b) "Division" means the division of lotteries within the department of revenue and/or
103-2	any successor as party to the Newport Grand Master Contract.
103-3	(c) "Division Percentage" means for any Marketing Year, the Division's percentage of net
103-4	terminal income as set forth in section 42-61.2-7.
103-5	(d) "First Amendment" means that certain first amendment to the Newport Grand Master
103-6	Contract authorized herein, which first amendment is to be entered into by and between the
103-7	Division and Newport Grand.
103-8	(e) "Newport Grand facility" means the gaming and entertainment facility located at 150
103-9	Admiral Kalbfus Road, Newport, Rhode Island.
103-10	(f) "Marketing Program" means that Marketing Program authorized in section 4(a)(iii) of
103-11	this article, which program shall include marketing expenditures as defined by the Division.
103-12	(g) "Marketing Year" means each fiscal year of the state or a portion thereof between the
103-13	effective date of the First Amendment and the termination date of the Newport Grand Master
103-14	Contract.
103-15	(h) "Master Contract" means with respect to Newport Grand, the Newport Grand Master
103-16	Contract as the same may have heretofore been amended.
103-17	(i) "Promotional Points Program" means that promotional points program authorized in
103-18	section 4(a)(ii) of this article.
103-19	(j) "State" means the State of Rhode Island.
103-20	(k) "Term" means with respect to Newport Grand, the Newport Grand Term.
103-21	(l) "Newport Grand" means Newport Grand, LLC, a Rhode Island Limited Liability
103-22	corporation, Newport Grand being successor to "Newport Grand Jai Alai, LLC" as defined in
103-23	Newport Grand Master Contract. References herein to "Newport Grand" shall include its
103-24	permitted successors and assigns under the Newport Grand Master Contract, if licensed by the
103-25	Rhode Island department of business regulation.
103-26	(m) "Newport Grand Master Contract" means that certain master video lottery terminal
103-27	contract made as of November 23, 2005 by and between the Division and Newport Grand Jai
103-28	Alai, LLC, as such Newport Grand Master Contract is amended and extended as authorized
103-29	herein and/or as such Newport Grand Master Contract may be assigned as permitted herein.
103-30	(n) "Newport Grand Term" means the term of the Newport Grand Master Contract, which
103-31	term commences on the effective date of the Newport Grand Master Contract and continues
103-32	through and including the fifth (5th) anniversary of such effective date; provided that Newport
103-33	Grand shall have one (1) successive five (5) year extension option consistent with the terms of the
103-34	Newport Grand Master Contract, and a section option pursuant to section 4 (a)(i) below.
104-1	SECTION 3. Unless otherwise amended by this article, the terms, conditions, provisions,
104-2	and definitions of chapters 322 and 323 of the public laws of 2005 are hereby incorporated herein
104-3	by reference and shall remain in full force and effect.
104-4	SECTION 4. Authorized Procurement of First Amendment to the Master Video Lottery
104-5	Terminal Contract.
104-6	(a) Notwithstanding any provisions of the general laws or regulations adopted thereunder
104-7	to the contrary, including, but not limited to, the provisions of: Chapters 322 and 323 of the
104-8	public laws of 2005; chapter 2 of title 37 of the general laws; chapter 61 of title 42 of the general
104-9	laws; and chapter 61.2 of title 42 of the general laws, the Division is hereby expressly authorized
104-10	and empowered to enter into with Newport Grand a First Amendment to the Newport Grand
104-11	Master Contract, for the following purposes and containing the following terms and conditions,
104-12	all of which shall be set forth in more particular detail in the First Amendment:
104-13	(i) To provide for a Newport Grand Term commencing on the effective date of the
104-14	Newport Grand Master Contract and continuing through and including the fifth (5th) anniversary
104-15	of such effective date; provided that Newport Grand shall have two (2) successive five (5) years
104-16	extension options with the First Extension Term, as defined in the Newport Grand Master
104-17	Contract, commencing on November 23, 2010 and the Second Extension Term, commencing on
104-18	November 23, 2015. Except as otherwise provided herein in section 4(a)(vii), the exercise of the
104-19	option to extend said Master Contract shall be subject to the terms and conditions of section 2.3
104-20	of the Newport Grand Master Contract; provided however, section 2.3B of the Newport Grand's
104-21	Master Contract shall be amended such that with respect to UTGR's exercise of its option to
104-22	extend for the Second Extension Term, Newport Grand shall be required to certify to the Division
104-23	that (i) there are 180 full-time equivalent employees at the Newport Grand facility on the date of
104-24	the exercise of the option for the Second Extension Term; and (ii) for the one-year period
104-25	preceding the date said Second Extension Term option is exercised, there had been 180 full-time
104-26	equivalent employees on average, as the term full-time equivalent employee is defined in section
104-27	2.3B of the Newport Grand Master Contract and as confirmed by the Rhode Island department of
104-28	labor and training.
104-29	(ii) To provide for a Promotional Points Program at Newport Grand facility, pursuant to
104-30	the terms and conditions established from time to time by the Division during the Newport Grand
104-31	Term, such terms to include, but not limited to, a State fiscal year audit of the Promotional Points
104-32	Program, the cost of which audit shall be borne by Newport Grand. The approved amount of the
104-33	Promotional Points Program shall not exceed four percent (4%) of the amount of Newport
104-34	Grand's net terminal income of the prior Marketing Year. Said promotional points are to be used
105-1	by Newport Grand to provide promotional points to customers and prospective customers of
105-2	Newport Grand at the Newport Grand facility. Nothing herein shall prohibit Newport Grand, with
105-3	prior approval from the Division, from spending additional funds on the Promotional Points
105-4	Program; provided, however, that said additional amounts shall not be funded in any part by net
105-5	terminal income.
105-6	(iii) To provide for a Marketing Program for Newport Grand facility, which shall be
105-7	monitored by the Division and pursuant to which, for each Marketing Year, to the extent Newport
105-8	Grand's marketing expenditures exceed five hundred sixty thousand dollars ($560,000), the
105-9	Division shall pay Newport Grand an amount equal to the product of such excess multiplied by
105-10	the Division Percentage, provided, however, that (1) the total amount payable by the Division for
105-11	each Marketing Year pursuant to this section 4(a)(iii) shall be capped at an amount equal to the
105-12	Division Percentage multiplied by eight hundred forty thousand dollars ($840,000) and (2) the
105-13	Division shall not owe any amount pursuant to this section 4(a)(iii) in any given Marketing Year
105-14	unless, pursuant to subsection 42-61.2-7(a), the State has received net terminal income for such
105-15	Marketing Year in an amount equal to or exceeding the amount of net terminal income the State
105-16	received for the State's fiscal year 2010; provided, further, that in any partial Marketing Year, the
105-17	total amount payable by the Division shall be capped at an amount equal to eight hundred forty
105-18	thousand dollars ($840,000) multiplied by the Division Percentage, the product of which shall be
105-19	further reduced by multiplying it by a fraction, (A) the numerator of which is the number of days
105-20	in any such partial Marketing Year and (B) the denominator of which is 365. (It is anticipated that
105-21	the only partial Marketing Years shall occur between the effective date of the First Amendment
105-22	and the last day of the fiscal year of the State during which such effective date occurred and/or
105-23	the first day of the fiscal year of the State in which the termination of the Newport Grand Master
105-24	Contract occurs and the termination date of the Newport Grand Master Contract, as the case may
105-25	be).
105-26	(iv) To provide that the Newport Grand Master Contract shall not be assigned by either
105-27	party without the prior written consent of the other party and to further provide that so long as the
105-28	proposed assignee of Newport Grand or any of its permitted successors shall have been found to
105-29	be qualified by the Division to hold a video lottery terminal license, the Division shall not
105-30	unreasonably withhold or delay its consent to such proposed assignment. Proposed assignees
105-31	and/or successors shall be subject to licensure by the appropriate regulatory authorities.
105-32	(v) To provide that upon the effective date of the First Amendment to the Newport Grand
105-33	Master Contract there will be an allocation to Newport Grand of total video lottery net terminal
105-34	income equal in percentage terms to that amount allocated under Section 3 of the Master Video
106-1	Lottery Terminal Contract between the Division of Lotteries and UTGR, Inc. dated July 18, 2005
106-2	(UTGR Master Contract). Total net terminal income due to Newport Grand shall be the
106-3	equivalent total percentage as calculated in Section 3.4 of said UTGR Master Contract so as to
106-4	result in an equalized percentage of net terminal income payable to all facilities operating video
106-5	lottery terminals; provided, however, the allocation to Newport Grand set forth in this section
106-6	4(a)(v) shall apply beginning in the state’s fiscal year 2011.
106-7	(vi) To permit Newport Grand, at its discretion, to maintain and operate all video lottery
106-8	games at Newport Grand facility between the hours of 9:00 a.m. and 2:00 a.m. the following day,
106-9	up to seven (7) days per week, including without limitation, federal and state recognized holidays.
106-10	(vii) To irrevocably waive, release, acknowledge the fulfillment of or to deem fulfilled, as
106-11	applicable, as of the effective date of the First Amendment to the Newport Grand Master
106-12	Contract, (1) any obligation, covenant, condition or commitment performed or to be performed by
106-13	Newport Grand under or in section 4.1(i) of the Newport Grand Master Contract prior to and/or
106-14	including the effective date of the First Amendment to the Master Contract; (2) any Newport
106-15	Grand breach, default, noncompliance or delayed compliance on the part of Newport Grand of
106-16	any representation, warranty, covenant, term or condition of or under section 4.1(i) of the
106-17	Newport Grand Master Contract any time prior to and/or including the effective date of the First
106-18	Amendment to the Newport Grand Master Contract, and (3) in connection with Newport Grand's
106-19	right to exercise the option for the First Extension Term only, any prior obligation, covenant,
106-20	condition, circumstance or commitment under section 2.3.B of the Newport Grand Master
106-21	Contract; specifically, said waiver, release, and acknowledgement shall not relate to the Second
106-22	Extension Term.
106-23	(b) The entry into by the Division, and Newport Grand of the First Amendment is hereby
106-24	authorized, approved, ratified and confirmed in all respects.
106-25	(c) Any amounts related to the Marketing Program payable by the Division shall be paid
106-26	on a frequency agreed by the Division (but no less frequently than annually) out of that share of
106-27	net terminal income disbursed pursuant to subsection 42-61.2-7(a)(1) as an administrative
106-28	expense of the Division, after allocation of net terminal income pursuant to subsections 42-61.2-
106-29	7(a)(1), (2), (3), (4), (5), and (6).
106-30	SECTION 5. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled "Video
106-31	Lottery Terminal" is hereby amended as follows:
106-32	42-61.2-7. Division of revenue. [Effective June 30, 2009 and expires June 30, 2010.] -
106-33	(a) Notwithstanding the provisions of section 42-61-15, the allocation of net terminal income
106-34	derived from video lottery games is as follows:
107-1	(1) For deposit in the general fund and to the state lottery division fund for
107-2	administrative purposes: Net terminal income not otherwise disbursed in accordance with
107-3	subdivisions (a)(2) -- (a)~~(7)~~(6) herein;
107-4	(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one
107-5	percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally
107-6	allocated to the distressed communities as defined in section 45-13-12 provided that no eligible
107-7	community shall receive more than twenty-five percent (25%) of that community's currently
107-8	enacted municipal budget as its share under this specific subsection. Distributions made under
107-9	this specific subsection are supplemental to all other distributions made under any portion of
107-10	general laws section 45-13-12. For the fiscal year ending June 30, 2008 distributions by
107-11	community shall be identical to the distributions made in the fiscal year ending June 30, 2007 and
107-12	shall be made from general appropriations. For the fiscal year ending June 30, 2009, the total
107-13	state distribution shall be the same total amount distributed in the fiscal year ending June 30,
107-14	2008 and shall be made from general appropriations. For the fiscal year ending June 30, 2010, the
107-15	total state distribution shall be the same total amount distributed in the fiscal year ending June 30,
107-16	2009 and shall be made from general appropriations, provided however that $784,458 of the total
107-17	appropriation shall be distributed equally to each qualifying distressed community.
107-18	(ii) Five one hundredths of one percent (0.05%) up to a maximum of five million dollars
107-19	($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of section 44-
107-20	33-2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum
107-21	amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit
107-22	of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be
107-23	less than the prior fiscal year.
107-24	(iii) One and twenty-two one hundredths of one percent (1.22%) to fund section 44-34.1-
107-25	1, entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum
107-26	amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event
107-27	shall the exemption in any fiscal year be less than the prior fiscal year.
107-28	(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent
107-29	(0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to
107-30	communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of
107-31	general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008
107-32	distributions by community shall be identical to the distributions made in the fiscal year ending
107-33	June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30,
107-34	2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010 and thereafter,
108-1	funding shall be determined by appropriation.
108-2	(2) To the licensed video lottery retailer:
108-3	(a) (i) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-
108-4	six percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars
108-5	($384,996);
108-6	(ii) On and after the effective date of the NGJA Master Contract, to the licensed video
108-7	lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said
108-8	Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars
108-9	($384,996).
108-10	(b) (i) Prior to the effective date of the UTGR Master Contract, to the present licensed
108-11	video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-
108-12	eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven
108-13	thousand six hundred eighty-seven dollars ($767,687);
108-14	(ii) On and after the effective date of the UTGR Master Contract, to the licensed video
108-15	lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said
108-16	Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars
108-17	($767,687).
108-18	(3) (i) To the technology providers who are not a party to the GTECH Master Contract
108-19	as set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net
108-20	terminal income of the provider's terminals;
108-21	(ii) To contractors who are a party to the Master Contract as set forth and referenced in
108-22	Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;
108-23	(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted
108-24	proportionately from the payments to technology providers the sum of six hundred twenty-eight
108-25	thousand seven hundred thirty-seven dollars ($628,737);
108-26	(4) To the city of Newport one and one hundredth percent (1.01%) of net terminal
108-27	income of authorized machines at Newport Grand except that ~~upon passage~~ effective November
108-28	9, 2009, the allocation shall be one and two tenths percent (1.2%) of net terminal income of
108-29	authorized machines at Newport Grand for each week the facility operates video lottery games on
108-30	a twenty-four (24) hour basis for all eligible hours authorized and to the town of Lincoln one and
108-31	twenty-six hundredths percent (1.26%) of net terminal income of authorized machines at Lincoln
108-32	Park except that ~~upon passage~~ effective November 9, 2009, the allocation shall be one and forty-
108-33	five hundredths percent (1.45%) of net terminal income of authorized machines at Lincoln Park
108-34	for each week the facility operates video lottery games on a twenty-four (24) hour basis for all
109-1	eligible hours authorized;
109-2	(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net
109-3	terminal income of authorized machines at Lincoln Park up to a maximum of ten million dollars
109-4	($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a
109-5	Tribal Development Fund to be used for the purpose of encouraging and promoting: home
109-6	ownership and improvement, elderly housing, adult vocational training; health and social
109-7	services; childcare; natural resource protection; and economic development consistent with state
109-8	law. Provided, however, such distribution shall terminate upon the opening of any gaming facility
109-9	in which the Narragansett Indians are entitled to any payments or other incentives; and provided
109-10	further, any monies distributed hereunder shall not be used for, or spent on previously contracted
109-11	debts; and
109-12	(6) Unclaimed prizes and credits shall remit to the general fund of the state;
109-13	(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)~~(7)~~(6)
109-14	shall be made on an estimated monthly basis. Payment shall be made on the tenth day following
109-15	the close of the month except for the last month when payment shall be on the last business day.
109-16	(d) Notwithstanding the above, the amounts payable by the Division to Newport Grand
109-17	related to the Marketing Program shall be paid on a frequency agreed by the Division, but no less
109-18	frequently than annually.
109-19	(e) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the
109-20	Director is authorized to fund the Marketing Program as described above in regard to the First
109-21	Amendment to the Newport Grand Master Contract.
109-22	42-61.2-7. Division of revenue. [Effective June 30, 2010] -- (a) Notwithstanding the
109-23	provisions of section 42-61-15, the allocation of net terminal income derived from video lottery
109-24	games is as follows:
109-25	(1) For deposit in the general fund and to the state lottery division fund for
109-26	administrative purposes: Net terminal income not otherwise disbursed in accordance with
109-27	subdivisions (a)(2) -- (a)~~(7)~~(6) herein;
109-28	(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one
109-29	percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally
109-30	allocated to the distressed communities as defined in section 45-13-12 provided that no eligible
109-31	community shall receive more than twenty-five percent (25%) of that community's currently
109-32	enacted municipal budget as its share under this specific subsection. Distributions made under
109-33	this specific subsection are supplemental to all other distributions made under any portion of
109-34	general laws section 45-13-12. For the fiscal year ending June 30, 2008 distributions by
110-1	community shall be identical to the distributions made in the fiscal year ending June 30, 2007 and
110-2	shall be made from general appropriations. For the fiscal year ending June 30, 2009, the total
110-3	state distribution shall be the same total amount distributed in the fiscal year ending June 30,
110-4	2008 and shall be made from general appropriations. For the fiscal year ending June 30, 2010, the
110-5	total state distribution shall be the same total amount distributed in the fiscal year ending June 30,
110-6	2009 and shall be made from general appropriations, provided however that $784,458 of the total
110-7	appropriation shall be distributed equally to each qualifying distressed community.
110-8	(ii) Five one hundredths of one percent (0.05%) up to a maximum of five million dollars
110-9	($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of section 44-
110-10	33-2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum
110-11	amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit
110-12	of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be
110-13	less than the prior fiscal year.
110-14	(iii) One and twenty-two one hundredths of one percent (1.22%) to fund section 44-34.1-
110-15	1, entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum
110-16	amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event
110-17	shall the exemption in any fiscal year be less than the prior fiscal year.
110-18	(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent
110-19	(0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to
110-20	communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of
110-21	general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008
110-22	distributions by community shall be identical to the distributions made in the fiscal year ending
110-23	June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30,
110-24	2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010 and thereafter,
110-25	funding shall be determined by appropriation.
110-26	(2) To the licensed video lottery retailer:
110-27	(a) (i) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-
110-28	six percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars
110-29	($384,996);
110-30	(ii) On and after the effective date of the NGJA Master Contract, to the licensed video
110-31	lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said
110-32	Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars
110-33	($384,996).
110-34	(b) (i) Prior to the effective date of the UTGR Master Contract, to the present licensed
111-1	video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-
111-2	eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven
111-3	thousand six hundred eighty-seven dollars ($767,687);
111-4	(ii) On and after the effective date of the UTGR Master Contract, to the licensed video
111-5	lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said
111-6	Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars
111-7	($767,687).
111-8	(3) (i) To the technology providers who are not a party to the GTECH Master Contract
111-9	as set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net
111-10	terminal income of the provider's terminals;
111-11	(ii) To contractors who are a party to the Master Contract as set forth and referenced in
111-12	Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;
111-13	(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted
111-14	proportionately from the payments to technology providers the sum of six hundred twenty-eight
111-15	thousand seven hundred thirty-seven dollars ($628,737);
111-16	(4) To the city of Newport one and one hundreth percent (1.01%) of net terminal income
111-17	of authorized machines at Newport Grand and to the town of Lincoln one and twenty-six
111-18	hundreths (1.26%) of net terminal income of authorized machines at Lincoln Park; and
111-19	(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net
111-20	terminal income of authorized machines at Lincoln Park up to a maximum of ten million dollars
111-21	($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a
111-22	Tribal Development Fund to be used for the purpose of encouraging and promoting: home
111-23	ownership and improvement, elderly housing, adult vocational training; health and social
111-24	services; childcare; natural resource protection; and economic development consistent with state
111-25	law. Provided, however, such distribution shall terminate upon the opening of any gaming facility
111-26	in which the Narragansett Indians are entitled to any payments or other incentives; and provided
111-27	further, any monies distributed hereunder shall not be used for, or spent on previously contracted
111-28	debts; and
111-29	(6) Unclaimed prizes and credits shall remit to the general fund of the state;
111-30	(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)~~(7)~~(6)
111-31	shall be made on an estimated monthly basis. Payment shall be made on the tenth day following
111-32	the close of the month except for the last month when payment shall be on the last business day.
111-33	(d) Notwithstanding the above, the amounts payable by the Division to Newport Grand
111-34	related to the Marketing Program shall be paid on a frequency agreed by the Division, but no less
112-1	frequently than annually.
112-2	(e) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the
112-3	Director is authorized to fund the Marketing Program as described above in regard to the First
112-4	Amendment to the Newport Grand Master Contract.
112-5	SECTION 7. Chapter 322 of the 2005 Public Laws entitled "An Act Enabling the
112-6	Division of Lotteries to Enter into a Master Video Lottery Terminal Contract with UTGR, Inc.
112-7	and to Enter into a Master Video Lottery Terminal Contract With Newport Grand Jai Alai, LLC."
112-8	is hereby amended by adding thereto the following sections:
112-9	Section 4(e). Waiver and Release of Newport Grand.
112-10	The State, on behalf of itself and each entity thereof, including, but not limited to, the
112-11	Division, and the department of revenue hereby expressly waives and authorizes the Division, on
112-12	behalf of itself and the department of revenue on behalf of itself, to separately irrevocably waive,
112-13	release, acknowledge the fulfillment of or to deem fulfilled, as applicable, as of the effective date
112-14	of the First Amendment to the Newport Grand Master Contract: (1) any obligation, covenant,
112-15	condition or commitment performed or to be performed by Newport Grand under or in section 4.1
112-16	(i) of the Newport Grand Master Contract prior to and/or including the effective date of the First
112-17	Amendment to the Newport Grand Master Contract; (2) any Newport Grand breach, default,
112-18	noncompliance or delayed compliance on the part of Newport Grand of any representation,
112-19	warranty, covenant, term or condition of or under section 4.1(i) of the Newport Grand Master
112-20	Contract any time prior to and/or including the effective date of the First Amendment to the
112-21	Newport Grand Master Contract; and (3) in connection with Newport Grand's right to exercise
112-22	the option for the First Extension only, any obligation, covenant, condition, circumstance or
112-23	commitment under section 2.3.B of the Newport Grand Master Contract; specifically, said
112-24	waiver, release, and acknowledgement shall not relate to the Second Extension Term.
112-25	Section 4(f). Enforcement of Obligations.
112-26	(1) Except as currently exists for Newport Grand under the provisions of subsection 42-
112-27	61.2-7(a)(2) and except as hereinafter expressly provided in section 4(f)(2), hereof, if the State or
112-28	any entity thereof, including the Division, enters into any agreement or adopts, modifies or
112-29	amends any law, rule or regulation that would impair the rights of Newport Grand under this
112-30	article and/or under the Newport Grand Master Contract, as may be amended in the future, and as
112-31	extended pursuant to this article and as may be extended in the future (as so amended and
112-32	extended by this article and as may be amended and extended in the future), and/or fails to
112-33	provide Newport Grand with slippage protection as described herein and the Newport Grand
112-34	Master Contract, Newport Grand may bring a claim against the State and/or Division, for actual
113-1	damages and/or specific performance and/or other equitable relief, notwithstanding any limitation
113-2	on such damages imposed by the laws of the State. For purposes of computing the actual damages
113-3	with respect to any claim by Newport Grand against the State and/or the Division for a failure to
113-4	provide slippage protection pursuant to the provisions of this article and the Newport Grand
113-5	Master Contract, "actual damages" means the positive difference between: (i) the gaming facility
113-6	revenues Newport Grand would have retained had the State or any entity thereof, including, the
113-7	Division, provided slippage protection for the period of time that the State and/or the Division
113-8	fails to provide slippage protect on during the term of the Newport Grand Master Contract; and
113-9	(ii) the gaming facility revenues actually retained by Newport Grand.
113-10	(2) Except only as provided in section 4(e), nothing in this article shall limit the authority
113-11	of the Division to enforce its rights under the Newport Grand Master Contract. Except as
113-12	provided in section 4(f)(1), nothing in this article shall limit the authority of the State to enact,
113-13	adopt and enforce laws and regulations which are of general application.
113-14	(3) In the event of any inconsistency between the provisions of this section 4(f) and the
113-15	provisions of subsections (c) and (d) of section 5 of chapters 322 and 323 of the public laws of
113-16	2005, the provisions of this section 4(f) shall govern.
113-17	(4) The Division is authorized and empowered to amend the Newport Grand Master
113-18	Contract consistent with the provisions of this article.
113-19	SECTION 8. Chapter 323 of the 2005 Public Laws entitled "An Act Enabling the
113-20	Division of Lotteries to Enter into a Master Video Lottery Terminal Contract with UTGR, Inc.
113-21	and to Enter into a Master Video Lottery Terminal Contract With Newport Grand Jai Alai, LLC."
113-22	is hereby amended by adding thereto the following sections:
113-23	Section 4(e). Waiver and Release of Newport Grand.
113-24	The State, on behalf of itself and each entity thereof, including, but not limited to, the
113-25	Division, and the department of revenue hereby expressly waives and authorizes the Division, on
113-26	behalf of itself and the department of revenue on behalf of itself, to separately irrevocably waive,
113-27	release, acknowledge the fulfillment of or to deem fulfilled, as applicable, as of the effective date
113-28	of the First Amendment to the Newport Grand Master Contract: (1) any obligation, covenant,
113-29	condition or commitment performed or to be performed by Newport Grand under or in section 4.1
113-30	(i) of the Newport Grand Master Contract prior to and/or including the effective date of the First
113-31	Amendment to the Newport Grand Master Contract; (2) any Newport Grand breach, default,
113-32	noncompliance or delayed compliance on the part of Newport Grand of any representation,
113-33	warranty, covenant, term or condition of or under section 4.1(i) of the Newport Grand Master
113-34	Contract any time prior to and/or including the effective date of the First Amendment to the
114-1	Newport Grand Master Contract; and (3) in connection with Newport Grand's right to exercise
114-2	the option for the First Extension only, any obligation, covenant, condition, circumstance or
114-3	commitment under section 2.3.B of the Newport Grand Master Contract; specifically, said
114-4	waiver, release, and acknowledgement shall not relate to the Second Extension Term.
114-5	Section 4(f). Enforcement of Obligations.
114-6	(1) Except as currently exists for Newport Grand under the provisions of subsection 42-
114-7	61.2-7(a)(2) and except as hereinafter expressly provided in section 4(f)(2), hereof, if the State or
114-8	any entity thereof, including the Division, enters into any agreement or adopts, modifies or
114-9	amends any law, rule or regulation that would impair the rights of Newport Grand under this
114-10	article and/or under the Newport Grand Master Contract, as may be amended in the future, and as
114-11	extended pursuant to this article and as may be extended in the future (as so amended and
114-12	extended by this article and as may be amended and extended in the future), and/or fails to
114-13	provide Newport Grand with slippage protection as described herein and the Newport Grand
114-14	Master Contract, Newport Grand may bring a claim against the State and/or Division, for actual
114-15	damages and/or specific performance and/or other equitable relief, notwithstanding any limitation
114-16	on such damages imposed by the laws of the State. For purposes of computing the actual damages
114-17	with respect to any claim by Newport Grand against the State and/or the Division for a failure to
114-18	provide slippage protection pursuant to the provisions of this article and the Newport Grand
114-19	Master Contract, "actual damages" means the positive difference between: (i) the gaming facility
114-20	revenues Newport Grand would have retained had the State or any entity thereof, including, the
114-21	Division, provided slippage protection for the period of time that the State and/or the Division
114-22	fails to provide slippage protect on during the term of the Newport Grand Master Contract; and
114-23	(ii) the gaming facility revenues actually retained by Newport Grand.
114-24	(2) Except only as provided in section 4(e), nothing in this article shall limit the authority
114-25	of the Division to enforce its rights under the Newport Grand Master Contract. Except as
114-26	provided in section 4(f)(1), nothing in this article shall limit the authority of the State to enact,
114-27	adopt and enforce laws and regulations which are of general application.
114-28	(3) In the event of any inconsistency between the provisions of this section 4(f) and the
114-29	provisions of subsections (c) and (d) of section 5 of chapters 322 and 323 of the public laws of
114-30	2005, the provisions of this section 4(f) shall govern.
114-31	(4) The Division is authorized and empowered to amend the Newport Grand Master
114-32	Contract consistent with the provisions of this article.
114-33	SECTION 9. Consistent with the Rhode Island Constitution, nothing in this article shall
114-34	be deemed to give any person or entity other than the Division operational control of video lottery
115-1	games or the conduct thereof, and provided further, this article shall not affect any statutory
115-2	authority establishing regulatory authority over or control by any other State agency(ies) of
115-3	Newport Grand, its licensees, Video Lottery Terminals, individuals, and/or entities as appropriate.
115-4	SECTION 10. Severability. If any clause, sentence, paragraph, section, or part of this
115-5	article shall be adjudged by any court of competent jurisdiction as invalid, such judgment shall
115-6	not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to
115-7	clause, sentence, paragraph, section or part directly involved in the controversy in which such
115-8	judgment shall have been rendered.
115-9	SECTION 11. This article shall take effect upon passage.
115-10	ARTICLE 14
115-11	RELATING TO SUPPLEMENTAL SECURITY INCOME PAYMENTS
115-12	SECTION 1. Section 40-6-27 of the General Laws in Chapter 40-6 entitled "Public
115-13	Assistance Act" is hereby amended to read as follows:
115-14	40-6-27. Supplemental security income. -- (a) (1) The director of the department is
115-15	hereby authorized to enter into agreements on behalf of the state with the secretary of the
115-16	Department of Health and Human Services or other appropriate federal officials, under the
115-17	supplementary and security income (SSI) program established by title XVI of the Social Security
115-18	Act, 42 U.S.C. section 1381 et seq., concerning the administration and determination of eligibility
115-19	for SSI benefits for residents of this state, except as otherwise provided in this section. The state's
115-20	monthly share of supplementary assistance to the supplementary security income program
115-21	effective January 1, 2003, shall be as follows:
115-22	(i) Individual living alone: $57.35
115-23	(ii) Individual living with others: $69.94
115-24	(iii) Couple living alone: $108.50
115-25	(iv) Couple living with others: $128.50
115-26	(v) Individual living in state licensed assisted living residence: $575.00
115-27	(vi) Individual living in state licensed supportive residential care settings that, depending
115-28	on the population served, meet the standards set by the department of human services in
115-29	conjunction with the department(s) of children, youth and families, elderly affairs and/or mental
115-30	health, retardation and hospitals: $300.00.
115-31	Provided, however, that the department of human services shall by regulation reduce,
115-32	effective January 1, 2009, the state's monthly share of supplementary assistance to the
115-33	supplementary security income program for each of the above listed payment levels, by the same
115-34	value as the annual federal cost of living adjustment to be published by the federal social security
116-1	administration in October 2008 and becoming effective on January 1, 2009, as determined under
116-2	the provisions of title XVI of the federal social security act [42 U.S.C. section 1381 et seq.] and
116-3	provided further, that it is the intent of the general assembly that the January 1, 2009 reduction in
116-4	the state's monthly share shall not cause a reduction in the combined federal and state payment
116-5	level for each category of recipients in effect in the month of December 2008; provided further,
116-6	that the department of human services is authorized and directed to provide for payments to
116-7	recipients in accordance with the above directives beginning January 1, 2009 pending formal
116-8	revisions to the above table of payment levels by the general assembly during the 2009 session of
116-9	the general assembly~~; and provided, further, for individuals receiving residential services through~~
116-10	~~the Division of Developmental Disabilities, the Department of Mental Health, Retardation and~~
116-11	~~Hospitals shall provide the state supplement to the residential services provider~~.
116-12	(2) As of July 1, 2010, state supplement payments shall not be federally administered and
116-13	shall be paid directly by the department of human services to the recipient.
116-14	~~(2)~~(3) Individuals living in institutions shall receive a twenty dollar ($20.00) per month
116-15	personal needs allowance from the state which shall be in addition to the personal needs
116-16	allowance allowed by the Social Security Act, 42 U.S.C. section 301 et seq.
116-17	~~(3)~~(4) Individuals living in state licensed supportive residential care settings and assisted
116-18	living residences who are receiving SSI shall be allowed to retain a minimum personal needs
116-19	allowance of fifty-five dollars ($55.00) per month from their SSI monthly benefit prior to
116-20	payment of any monthly fees.
116-21	~~(4)~~(5) To ensure that supportive residential care or an assisted living residence is a safe
116-22	and appropriate service setting, the department is authorized and directed to make a determination
116-23	of the medical need and whether a setting provides the appropriate services for those persons
116-24	who:
116-25	(i) Have applied for or are receiving SSI, and who apply for admission to supportive
116-26	residential care setting and assisted living residences on or after October 1, 1998; or
116-27	(ii) Who are residing in supportive residential care settings and assisted living residences,
116-28	and who apply for or begin to receive SSI on or after October 1, 1998.
116-29	~~(5)~~(6) The process for determining medical need required by subsection (4) of this
116-30	section shall be developed by the office of health and human services in collaboration with the
116-31	departments of that office and shall be implemented in a manner that furthers the goals of
116-32	establishing a statewide coordinated long-term care entry system as required pursuant to the
116-33	Global Consumer Choice Compact Waiver.
116-34	~~(6)~~(7) To assure access to high quality coordinated services, the department is further
117-1	authorized and directed to establish rules specifying the payment certification standards that must
117-2	be met by those state licensed supportive residential care settings and assisted living residences
117-3	admitting or serving any persons eligible for state-funded supplementary assistance under this
117-4	section. Such payment certification standards shall define:
117-5	(i) The scope and frequency of resident assessments, the development and
117-6	implementation of individualized service plans, staffing levels and qualifications, resident
117-7	monitoring, service coordination, safety risk management and disclosure, and any other related
117-8	areas;
117-9	(ii) The procedures for determining whether the payment certifications standards have
117-10	been met; and
117-11	(iii) The criteria and process for granting a one time, short-term good cause exemption
117-12	from the payment certification standards to a licensed supportive residential care setting or
117-13	assisted living residence that provides documented evidence indicating that meeting or failing to
117-14	meet said standards poses an undue hardship on any person eligible under this section who is a
117-15	prospective or current resident.
117-16	~~(7)~~(8) The payment certification standards required by this section shall be developed in
117-17	collaboration by the departments, under the direction of the executive office of health and human
117-18	services, so as to ensure that they comply with applicable licensure regulations either in effect or
117-19	in development.
117-20	(b) The department is authorized and directed to provide additional assistance to
117-21	individuals eligible for SSI benefits for:
117-22	(1) Moving costs or other expenses as a result of an emergency of a catastrophic nature
117-23	which is defined as a fire or natural disaster; and
117-24	(2) Lost or stolen SSI benefit checks or proceeds of them; and
117-25	(3) Assistance payments to SSI eligible individuals in need because of the application of
117-26	federal SSI regulations regarding estranged spouses; and the department shall provide such
117-27	assistance in a form and amount, which the department shall by regulation determine.
117-28	SECTION 2. Subdivision (a) (1) of this article shall take effect upon passage and shall be
117-29	retroactively applied to July 1, 2009. The remainder of this article shall take effect upon passage.
117-30	ARTICLE 15
117-31	RELATING TO TREATMENT ALTERNATIVES TO STREET CRIME
117-32	SECTION 1. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled “Uniform
117-33	Controlled Substances Act” is hereby amended to read as follows:
117-34	21-28-4. 01. Prohibited acts A-Penalties. -- (a)(1) Except as authorized by this chapter,
118-1	it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture
118-2	or deliver a controlled substance.
118-3	(2) Any person who is not a drug addicted person, as defined in § 21-28-1.02(18), who
118-4	violates this subsection with respect to a controlled substance classified in schedule I or II, except
118-5	the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned
118-6	to a term up to life, or fined not more than five hundred thousand dollars ($500,000) nor less than
118-7	ten thousand dollars ($10,000), or both.
118-8	(3) Where the deliverance as prohibited in this subsection shall be the proximate cause of
118-9	death to the person to whom the controlled substance is delivered, it shall not be a defense that
118-10	the person delivering the substance was at the time of delivery, a drug addicted person as defined
118-11	in § 21-28-1.02(18).
118-12	(4) Any person, except as provided for in subdivision (2) of this subsection, who violates
118-13	this subsection with respect to:
118-14	(i) A controlled substance classified in schedule I or II, is guilty of a crime and upon
118-15	conviction may be imprisoned for not more than thirty (30) years, or fined not more than one
118-16	hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;
118-17	(ii) A controlled substance classified in schedule III or IV, is guilty of a crime and upon
118-18	conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty
118-19	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in
118-20	schedule III (d), upon conviction may be imprisoned for not more than five (5) years, or fined not
118-21	more than twenty thousand dollars ($20,000), or both.
118-22	(iii) A controlled substance classified in schedule V, is guilty of a crime and upon
118-23	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
118-24	dollars ($10,000), or both.
118-25	(b)(1) Except as authorized by this chapter, it is unlawful for any person to create,
118-26	deliver, or possess with intent to deliver, a counterfeit substance.
118-27	(2) Any person who violates this subsection with respect to:
118-28	(i) A counterfeit substance classified in schedule I or II, is guilty of a crime and upon
118-29	conviction may be imprisoned for not more than thirty (30) years, or fined not more than one
118-30	hundred thousand dollars ($100,000), or both;
118-31	(ii) A counterfeit substance classified in schedule III or IV, is guilty of a crime and upon
118-32	conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty
118-33	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in
118-34	schedule III (d), upon conviction may be imprisoned for not more than five (5) years, or fined not
119-1	more than twenty thousand dollars ($20,000) or both.
119-2	(iii) A counterfeit substance classified in schedule V, is guilty of a crime and upon
119-3	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
119-4	dollars ($10,000), or both.
119-5	(c)(1) It shall be unlawful for any person knowingly or intentionally to possess a
119-6	controlled substance, unless the substance was obtained directly from or pursuant to a valid
119-7	prescription or order of a practitioner while acting in the course of his or her professional
119-8	practice, or except as otherwise authorized by this chapter.
119-9	(2) Any person who violates this subsection with respect to:
119-10	(i) A controlled substance classified in schedules I, II and III, IV, and V, except the
119-11	substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for
119-12	not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five
119-13	thousand dollars ($5,000), or both;
119-14	(ii) A controlled substance classified in schedule I as marijuana is guilty of a
119-15	misdemeanor and upon conviction may be imprisoned for not more than one year or fined not less
119-16	than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.
119-17	(3) Additionally every person convicted or who pleads nolo contendere under paragraph
119-18	(2)(i) of this subsection or convicted or who pleads nolo contendere a second or subsequent time
119-19	under paragraph (2)(ii) of this subsection, who is not sentenced to a term of imprisonment to
119-20	serve for the offense, shall be required to:
119-21	(i) Perform no less than one hundred (100) hours of community service;
119-22	(ii) ~~Be referred to Treatment Alternatives to Street Crime (TASC) to determine the~~
119-23	~~existence of problems of drug abuse. Should TASC determine the person needs treatment, it will~~
119-24	~~arrange for the treatment to be provided and after completion of the treatment, the person shall~~
119-25	~~perform his or her required community service and attend the drug education program;~~
119-26	~~(iii)~~ Attend and complete a drug counseling and education program as prescribed by the
119-27	director of the department of ~~health~~ mental health, retardation and hospitals and pay the sum of
119-28	four hundred dollars ($400) to help defray the costs of this program which shall be deposited as
119-29	general revenues. Failure to attend may result after hearing by the court in jail sentence up to one
119-30	year;
119-31	~~(iv)~~(iii)The court shall not suspend any part or all of the imposition of the fee required by
119-32	this subsection, unless the court finds an inability to pay;
119-33	~~(v)~~(iv) If the offense involves the use of any automobile to transport the substance or the
119-34	substance is found within an automobile, then a person convicted or who pleads nolo contendere
120-1	under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period
120-2	of six (6) months for a first offense and one year for each offense after this.
120-3	(4) All fees assessed and collected pursuant to paragraph (3)~~(iii)~~(ii) of this subsection
120-4	shall be deposited as general revenues and shall be collected from the person convicted or who
120-5	pleads nolo contendere before any other fines authorized by this chapter.
120-6	(d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to
120-7	manufacture or distribute, an imitation controlled substance. Any person who violates this
120-8	subsection is guilty of a crime, and upon conviction shall be subject to the same term of
120-9	imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the
120-10	controlled substance which the particular imitation controlled substance forming the basis of the
120-11	prosecution was designed to resemble and/or represented to be; but in no case shall the
120-12	imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars
120-13	($20,000).
120-14	(e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an
120-15	anabolic steroid or human growth hormone for: (1) enhancing performance in an exercise, sport,
120-16	or game, or (2) hormonal manipulation intended to increase muscle mass, strength, or weight
120-17	without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor
120-18	and upon conviction may be imprisoned for not more than six (6) months or a fine of not more
120-19	than one thousand dollars ($1,000), or both.
120-20	SECTION 2. Section 31-27-2 of the General Laws in Chapter 31-27 entitled “Motor
120-21	Vehicle Offenses” is hereby amended to read as follows:
120-22	31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever drives or
120-23	otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,
120-24	drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any
120-25	combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3)
120-26	and shall be punished as provided in subsection (d) of this section.
120-27	(b)(1) Any person charged under subsection (a) of this section whose blood alcohol
120-28	concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a
120-29	chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of
120-30	this section. This provision shall not preclude a conviction based on other admissible evidence.
120-31	Proof of guilt under this section may also be based on evidence that the person charged was under
120-32	the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter
120-33	28 of title 21, or any combination of these, to a degree which rendered the person incapable of
120-34	safely operating a vehicle. The fact that any person charged with violating this section is or has
121-1	been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of
121-2	violating this section.
121-3	(2) Whoever drives or otherwise operates any vehicle in the state with a blood presence
121-4	of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by
121-5	analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as
121-6	provided in subsection (d) of this section.
121-7	(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence
121-8	as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter
121-9	28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown
121-10	by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be
121-11	admissible and competent, provided that evidence is presented that the following conditions have
121-12	been complied with:
121-13	(1) The defendant has consented to the taking of the test upon which the analysis is made.
121-14	Evidence that the defendant had refused to submit to the test shall not be admissible unless the
121-15	defendant elects to testify.
121-16	(2) A true copy of the report of the test result was mailed within seventy-two (72) hours
121-17	of the taking of the test to the person submitting to a breath test.
121-18	(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall
121-19	have a true copy of the report of the test result mailed to him or her within thirty (30) days
121-20	following the taking of the test.
121-21	(4) The test was performed according to methods and with equipment approved by the
121-22	director of the department of health of the state of Rhode Island and by an authorized individual.
121-23	(5) Equipment used for the conduct of the tests by means of breath analysis had been
121-24	tested for accuracy within thirty (30) days preceding the test by personnel qualified as
121-25	hereinbefore provided, and breathalyzer operators shall be qualified and certified by the
121-26	department of health within three hundred sixty-five (365) days of the test.
121-27	(6) The person arrested and charged with operating a motor vehicle while under the
121-28	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
121-29	title 21, or, any combination of these in violation of subsection (a) of this section was afforded the
121-30	opportunity to have an additional chemical test. The officer arresting or so charging the person
121-31	shall have informed the person of this right and afforded him or her a reasonable opportunity to
121-32	exercise this right, and a notation to this effect is made in the official records of the case in the
121-33	police department. Refusal to permit an additional chemical test shall render incompetent and
121-34	inadmissible in evidence the original report.
122-1	(d)(1)(i) Every person found to have violated subdivision (b)(1) of this section shall be
122-2	sentenced as follows: for a first violation whose blood alcohol concentration is eight one-
122-3	hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who
122-4	has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall
122-5	be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred
122-6	dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community
122-7	restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit
122-8	of the adult correctional institutions in the discretion of the sentencing judge and/or shall be
122-9	required to attend a special course on driving while intoxicated or under the influence of a
122-10	controlled substance, and his or her driver's license shall be suspended for thirty (30) days up to
122-11	one hundred eighty (180) days.
122-12	(ii) Every person convicted of a first violation whose blood alcohol concentration is one-
122-13	tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent
122-14	(.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than
122-15	one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to
122-16	perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned
122-17	for up to one year. The sentence may be served in any unit of the adult correctional institutions in
122-18	the discretion of the sentencing judge. The person's driving license shall be suspended for a
122-19	period of three (3) months to twelve (12) months. The sentencing judge shall require attendance
122-20	at a special course on driving while intoxicated or under the influence of a controlled substance
122-21	and/or alcoholic or drug treatment for the individual.
122-22	(iii) Every person convicted of a first offense whose blood alcohol concentration is
122-23	fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,
122-24	toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of
122-25	five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of
122-26	public community restitution and/or shall be imprisoned for up to one year. The sentence may be
122-27	served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
122-28	The person's driving license shall be suspended for a period of three (3) months to eighteen (18)
122-29	months. The sentencing judge shall require attendance at a special course on driving while
122-30	intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for
122-31	the individual.
122-32	(2)(i) Every person convicted of a second violation within a five (5) year period with a
122-33	blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than
122-34	fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or
123-1	who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every
123-2	person convicted of a second violation within a five (5) year period regardless of whether the
123-3	prior violation and subsequent conviction was a violation and subsequent conviction under this
123-4	statute or under the driving under the influence of liquor or drugs statute of any other state, shall
123-5	be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall
123-6	be suspended for a period of one year to two (2) years, and the individual shall be sentenced to
123-7	not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit
123-8	of the adult correctional institutions in the discretion of the sentencing judge; however, not less
123-9	than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge
123-10	shall require alcohol or drug treatment for the individual, and may prohibit that person from
123-11	operating a motor vehicle that is not equipped with an ignition interlock system for a period of
123-12	one year to two (2) years following the completion of the sentence as provided in § 31-27-2.8.
123-13	(ii) Every person convicted of a second violation within a five (5) year period whose
123-14	blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight as
123-15	shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of
123-16	a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to
123-17	mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine
123-18	of not less than one thousand dollars ($1,000) and a mandatory license suspension for a period of
123-19	two (2) years from the date of completion of the sentence imposed under this subsection.
123-20	(3)(i) Every person convicted of a third or subsequent violation within a five (5) year
123-21	period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above
123-22	but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is
123-23	unknown or who has a blood presence of any scheduled controlled substance as defined in
123-24	subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a
123-25	violation and subsequent conviction under this statute or under the driving under the influence of
123-26	liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory
123-27	fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period
123-28	of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year
123-29	and not more than three (3) years in jail. The sentence may be served in any unit of the adult
123-30	correctional institutions in the discretion of the sentencing judge; however, not less than forty-
123-31	eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall
123-32	require alcohol or drug treatment for the individual, and may prohibit that person from operating
123-33	a motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years
123-34	following the completion of the sentence as provided in § 31-27-2.8.
124-1	(ii) Every person convicted of a third or subsequent violation within a five (5) year period
124-2	whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight
124-3	as shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence
124-4	of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be subject to
124-5	mandatory imprisonment of not less than three (3) years nor more than five (5) years, a
124-6	mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars
124-7	($5,000) and a mandatory license suspension for a period of three (3) years from the date of
124-8	completion of the sentence imposed under this subsection.
124-9	(iii) In addition to the foregoing penalties, every person convicted of a third or
124-10	subsequent violation within a five (5) year period regardless of whether any prior violation and
124-11	subsequent conviction was a violation and subsequent conviction under this statute or under the
124-12	driving under the influence of liquor or drugs statute of any other state shall be subject, in the
124-13	discretion of the sentencing judge, to having the vehicle owned and operated by the violator
124-14	seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred
124-15	to the general fund.
124-16	(4)(i) For purposes of determining the period of license suspension, a prior violation shall
124-17	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.
124-18	(ii) Any person over the age of eighteen (18) who is convicted under this section for
124-19	operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of
124-20	these, while a child under the age of thirteen (13) years was present as a passenger in the motor
124-21	vehicle when the offense was committed may be sentenced to a term of imprisonment of not more
124-22	than one year and further shall not be entitled to the benefit of suspension or deferment of this
124-23	sentence. The sentence imposed under this section may be served in any unit of the adult
124-24	correctional institutions in the discretion of the sentencing judge.
124-25	(5)(i) Any person convicted of a violation under this section shall pay a highway
124-26	assessment fine of five hundred dollars ($500) which shall be deposited into the general fund. The
124-27	assessment provided for by this subsection shall be collected from a violator before any other
124-28	fines authorized by this section.
124-29	(ii) Any person convicted of a violation under this section shall be assessed a fee of
124-30	eighty six dollars ($86). ~~The fee shall be as follows:~~
124-31	~~FISCAL YEAR FISCAL YEAR FISCAL YEAR~~
124-32	~~1993-1995 1996-1999 2000-2010~~
124-33	~~$147 $173 $86~~
124-34	(6)(i) If the person convicted of violating this section is under the age of eighteen (18)
125-1	years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of
125-2	public community restitution, and the juvenile's driving license shall be suspended for a period of
125-3	six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing
125-4	judge shall also require attendance at a special course on driving while intoxicated or under the
125-5	influence of a controlled substance and alcohol or drug education and/or treatment for the
125-6	juvenile. The juvenile may also be required to pay a highway assessment fine of no more than
125-7	five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.
125-8	(ii) If the person convicted of violating this section is under the age of eighteen (18)
125-9	years, for a second or subsequent violation regardless of whether any prior violation and
125-10	subsequent conviction was a violation and subsequent under this statute or under the driving
125-11	under the influence of liquor or drugs statute of any other state, he or she shall be subject to a
125-12	mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)
125-13	years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode
125-14	Island training school for a period of not more than one year and/or a fine of not more than five
125-15	hundred dollars ($500).
125-16	(7) Any person convicted of a violation under this section may undergo a clinical
125-17	assessment at ~~a facility approved by the department of mental health retardation and hospitals~~ the
125-18	community college of Rhode Island's center for workforce and community education. Should this
125-19	clinical assessment determine problems of alcohol, drug abuse, or psychological problems
125-20	associated with alcoholic or drug abuse, this person shall be referred to ~~the T.A.S.C. (treatment~~
125-21	~~alternatives to street crime) program~~ an appropriate facility, licensed or approved by the
125-22	department of mental health, retardation and hospitals for treatment placement, case management,
125-23	and monitoring.
125-24	(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
125-25	per one hundred (100) cubic centimeters of blood.
125-26	(f)(1) There is established an alcohol and drug safety unit within the division of motor
125-27	vehicles to administer an alcohol safety action program. The program shall provide for placement
125-28	and follow-up for persons who are required to pay the highway safety assessment. The alcohol
125-29	and drug safety action program will be administered in conjunction with alcohol and drug
125-30	programs ~~within~~ licensed by the department of mental health retardation and hospitals.
125-31	(2) Persons convicted under the provisions of this chapter shall be required to attend a
125-32	special course on driving while intoxicated or under the influence of a controlled substance,
125-33	and/or participate in an alcohol or drug treatment program. The course shall take into
125-34	consideration any language barrier which may exist as to any person ordered to attend, and shall
126-1	provide for instruction reasonably calculated to communicate the purposes of the course in
126-2	accordance with the requirements of the subsection. Any costs reasonably incurred in connection
126-3	with the provision of this accommodation shall be borne by the person being retrained. A copy of
126-4	any violation under this section shall be forwarded by the court to the alcohol and drug safety
126-5	unit. In the event that persons convicted under the provisions of this chapter fail to attend and
126-6	complete the above course or treatment program, as ordered by the judge, then the person may be
126-7	brought before the court, and after a hearing as to why the order of the court was not followed,
126-8	may be sentenced to jail for a period not exceeding one year.
126-9	(3) The alcohol and drug safety action program within the division of motor vehicles
126-10	shall be funded by general revenue appropriations.
126-11	(g) The director of the health department of the state of Rhode Island is empowered to
126-12	make and file with the secretary of state regulations which prescribe the techniques and methods
126-13	of chemical analysis of the person's body fluids or breath, and the qualifications and certification
126-14	of individuals authorized to administer this testing and analysis.
126-15	(h) Jurisdiction for misdemeanor violations of this section shall be with the district court
126-16	for persons eighteen (18) years of age or older and to the family court for persons under the age
126-17	of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and
126-18	to order the suspension of any license for violations of this section. All trials in the district court
126-19	and family court of violations of the section shall be scheduled within thirty (30) days of the
126-20	arraignment date. No continuance or postponement shall be granted except for good cause shown.
126-21	Any continuances that are necessary shall be granted for the shortest practicable time. Trials in
126-22	superior court are not required to be scheduled within thirty (30) days of the arraignment date.
126-23	(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
126-24	driving while intoxicated or under the influence of a controlled substance, public community
126-25	restitution, or jail provided for under this section can be suspended.
126-26	(j) An order to attend a special course on driving while intoxicated that shall be
126-27	administered in cooperation with a college or university accredited by the state, shall include a
126-28	provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars
126-29	($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into
126-30	the general fund.
126-31	(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the
126-32	presence of alcohol, which relies in whole or in part upon the principle of infrared light
126-33	absorption is considered a chemical test.
126-34	(l) If any provision of this section or the application of any provision shall for any reason
127-1	be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the
127-2	section, but shall be confined in this effect to the provision or application directly involved in the
127-3	controversy giving rise to the judgment.
127-4	SECTION 3. Section 42-109-9 of the General Laws in Chapter 42-109 entitled “Omnibus
127-5	Substance Abuse Prevention Act” is hereby amended to read as follows:
127-6	42-109-9. Legislative oversight commission. -- (a) There is created a legislative
127-7	commission entitled “Legislative Oversight Commission on Special Substance Abuse Programs”,
127-8	the purpose of which shall be to oversee the implementation and administration of all moneys and
127-9	programs involving the Benjamin Rush Detox Program, and the Driving While Intoxicated
127-10	Program, ~~and the TASC Program,~~ and to report to the director of the department of mental health,
127-11	retardation, and hospitals and to the general assembly with advice and recommendations as to the
127-12	adequacy, efficacy and efficiency of all statutes, rules, regulations, guidelines, practices, and
127-13	programs relating to those substance abuse programs, and any other matters it deems appropriate.
127-14	(b) The commission shall consist of five (5) members: two (2) of whom shall be
127-15	appointed by the president of the senate as follows: one member who shall be a physician
127-16	licensed to practice medicine in this state and whose medical practice concentrates on substance
127-17	abuse treatment and prevention; one member who shall be a registered nurse (R.N.) who is
127-18	licensed in this state and concentrates in substance abuse treatment and prevention; three (3) of
127-19	whom shall be appointed by the speaker of the house as follows: one member who shall be a
127-20	certified chemical dependency professional (C.C.D.P.), one member who shall be clinical
127-21	supervisor of a private or public substance abuse treatment and prevention clinic; and one
127-22	member who shall be an executive director of a private or public substance abuse treatment
127-23	agency; provided, however, that no member of the general assembly shall be appointed to the
127-24	commission. The chairperson of the commission shall be appointed by the speaker of the house of
127-25	representatives. Members of the commission shall serve without compensation. The commission
127-26	may request and shall receive from any instrumentality of the state, including the department of
127-27	mental health, retardation, and hospitals, department of children, youth, and families, department
127-28	of human services and other departments as the commission sees fit and from any municipality or
127-29	any instrumentality thereof, any information and assistance that it deems necessary for the proper
127-30	execution of its powers and duties under this section. The commission shall meet at least
127-31	quarterly and shall report at least annually to the general assembly on its findings and
127-32	recommendations with respect to any matters relating to those substance abuse treatment
127-33	programs listed herein.
127-34	(c) The commission shall operate in conjunction with the permanent legislative oversight
128-1	commission on substance abuse prevention established pursuant to the provisions of § 16-21.2-9
128-2	and with the permanent legislative oversight commission on substance abuse treatment
128-3	established pursuant to the provisions of § 40.1-1-12; provided, however, that primary oversight
128-4	of the Benjamin Rush Detox Program, and the Driving While Intoxicated Program~~, and the TASC~~
128-5	~~Program~~ shall be the function of the commission established in this section.
128-6	SECTION 4. This article shall take effect upon passage.
128-7	ARTICLE 16
128-8	RELATING TO PENSION REFORM
128-9	SECTION 1. Sections 36-10-2 and 36-10-35 of the General Laws in Chapter 36-10
128-10	entitled “Retirement System Contribution and Benefits” are hereby amended to read as follows:
128-11	36-10-2. State contributions. -- (a) The State of Rhode Island shall make its contribution
128-12	for the maintenance of the system, including the proper and timely payment of benefits in
128-13	accordance with the provisions of this chapter and chapters 8, 16, 28, 31 and 42 of this title, by
128-14	annually appropriating an amount equal to a percentage of the total compensation paid to the
128-15	active membership. The percentage shall be computed by the actuary employed by the retirement
128-16	system and shall be certified by the retirement board to the director of administration on or before
128-17	the fifteenth day of October in each year. In arriving at the yearly employer contribution the
128-18	actuary shall determine the value of:
128-19	(1) The contributions made by the members;
128-20	(2) Income on investments; and
128-21	(3) Other income of the system.
128-22	(b) The Actuary shall thereupon compute the yearly employer contribution that will:
128-23	(1) Pay the actuarial estimate of the normal cost for the next succeeding fiscal year;
128-24	(2) Amortize the unfunded liability of the system as of June 30, 1999 utilizing a time
128-25	period not to exceed thirty (30) years.
128-26	(c) The State of Rhode Island shall remit to the general treasurer the employer's share of
128-27	the contribution for state employees, state police, and judges on a payroll frequency basis, and for
128-28	teachers in a manner pursuant to § 16-16-22.
128-29	(d) In accordance with the intent of § 36-8-20 that the retirement system satisfy the
128-30	requirements of § 401(a) of the Internal Revenue Code of 1986, the state shall pay to the
128-31	retirement system:
128-32	(i) By June 30, 1995, an amount equal to the sum of the benefits paid to state legislators
128-33	pursuant to § 36-10-10.1 in excess of ten thousand dollars ($10,000) per member (plus accrued
128-34	interest on such amount at eight percent (8%)) for all fiscal years beginning July 1, 1991, and
129-1	ending June 30, 1995, but this amount shall be paid only if § 36-10-10.1(e) becomes effective
129-2	January 1, 1995; and
129-3	(ii) By December 31, 1994, twenty million seven hundred eighty eight thousand eight
129-4	hundred twelve dollars and nineteen cents ($20,788,812.19) plus accrued interest on that amount
129-5	at eight percent (8%) compounded monthly beginning March 1, 1991, and ending on the date this
129-6	payment is completed (reduced by amortized amounts already repaid to the retirement system
129-7	with respect to the amounts withdrawn by the state during the fiscal year July 1, 1990 – June 30,
129-8	1991); and
129-9	(iii) By June 30, 1995, the sum of the amounts paid by the retirement system for retiree
129-10	health benefits described in § 36-12-4 for all fiscal years beginning July 1, 1989, and ending June
129-11	30, 1994, to the extent that the amounts were not paid from the restricted fund described in
129-12	subsection (c).
129-13	(2) Any and all amounts paid to the retirement system under this subsection shall not
129-14	increase the amount otherwise payable to the system by the state of Rhode Island under
129-15	subsection (a) for the applicable fiscal year. The actuary shall make such adjustments in the
129-16	amortization bases and other accounts of the retirement system as he or she deems appropriate to
129-17	carry out the provisions and intent of this subsection.
129-18	(e) In addition to the contributions provided for in subsection (a) through (c) and in order
129-19	to provide supplemental employer contributions to the retirement system, commencing in fiscal
129-20	year 2006, and each year thereafter:
129-21	(1) Except for fiscal year 2009, fiscal year 2010 and fiscal year 2011, ~~For~~ for each fiscal
129-22	year in which the actuarially determined state contribution rate for state employees is lower than
129-23	that for the prior fiscal year, the governor shall include an appropriation to that system equivalent
129-24	to twenty percent (20%) of the rate reduction for the state's contribution rate for state employees
129-25	to be applied to the actuarial accrued liability of the state employees' retirement system for state
129-26	employees for each fiscal year;
129-27	(2) Except for fiscal year 2009, fiscal year 2010 and fiscal year 2011, ~~For~~ for each fiscal
129-28	year in which the actuarially determined state contribution rate for teachers is lower than that for
129-29	the prior fiscal year, the governor shall include an appropriation to that system equivalent to
129-30	twenty percent (20%) of the rate reduction for the state's share of the contribution rate for
129-31	teachers to be applied to the actuarial accrued liability of the state employees' retirement system
129-32	for teachers for each fiscal year;
129-33	(3) The amounts to be appropriated shall be included in the annual appropriation bill and
129-34	shall be paid by the general treasurer into the retirement system.
130-1	(f) While the retirement system's actuary shall not adjust the computation of the annual
130-2	required contribution for the year in which supplemental contributions are received, such
130-3	contributions once made may be treated as reducing the actuarial liability remaining for
130-4	amortization in the next following actuarial valuation to be performed.
130-5	36-10-35. Additional benefits payable to retired employees. -- (a) All state employees
130-6	and all beneficiaries of state employees receiving any service retirement or ordinary or accidental
130-7	disability retirement allowance pursuant to the provisions of this title on or before December 31,
130-8	1967, shall receive a cost of living retirement adjustment equal to one and one-half percent
130-9	(1.5%) per year of the original retirement allowance, not compounded, for each calendar year the
130-10	retirement allowance has been in effect. For the purposes of computation, credit shall be given for
130-11	a full calendar year regardless of the effective date of the retirement allowance. This cost of living
130-12	adjustment shall be added to the amount of the retirement allowance as of January 1, 1968, and an
130-13	additional one and one-half percent (1.5%) shall be added to the original retirement allowance in
130-14	each succeeding year during the month of January, and provided further, that this additional cost
130-15	of living increase shall be three percent (3%) for the year beginning January 1, 1971, and each
130-16	year thereafter, through December 31, 1980. Notwithstanding any of the above provisions, no
130-17	employee receiving any service retirement allowance pursuant to the provisions of this title on or
130-18	before December 31, 1967, or the employee's beneficiary, shall receive any additional benefit
130-19	hereunder in an amount less than two hundred dollars ($200) per year over the service retirement
130-20	allowance where the employee retired prior to January 1, 1958.
130-21	(b) All state employees and all beneficiaries of state employees retired on or after January
130-22	1, 1968, who are receiving any service retirement or ordinary or accidental disability retirement
130-23	allowance pursuant to the provisions of this title shall, on the first day of January next following
130-24	the third anniversary date of the retirement, receive a cost of living retirement adjustment, in
130-25	addition to his or her retirement allowance, in an amount equal to three percent (3%) of the
130-26	original retirement allowance. In each succeeding year thereafter through December 31, 1980,
130-27	during the month of January, the retirement allowance shall be increased an additional three
130-28	percent (3%) of the original retirement allowance, not compounded, to be continued during the
130-29	lifetime of the employee or beneficiary. For the purposes of computation, credit shall be given for
130-30	a full calendar year regardless of the effective date of the service retirement allowance.
130-31	(c) Beginning on January 1, 1981, for all state employees and beneficiaries of the state
130-32	employees receiving any service retirement and all state employees, and all beneficiaries of state
130-33	employees, who have completed at least ten (10) years of contributory service on or before July 1,
130-34	2005 pursuant to the provisions of this chapter, and for all state employees, and all beneficiaries
131-1	of state employees who receive a disability retirement allowance pursuant to §§ 36-10-12 – 36-
131-2	10-15, the cost of living adjustment shall be computed and paid at the rate of three percent (3%)
131-3	of the original retirement allowance or the retirement allowance as computed in accordance with
131-4	§ 36-10-35.1, compounded annually from the year for which the cost of living adjustment was
131-5	determined to be payable by the retirement board pursuant to the provisions of subsection (a) or
131-6	(b) of this section. Such cost of living adjustments are available to members who retire before
131-7	October 1, 2009 or are eligible to retire as of September 30, 2009.
131-8	(2) The provisions of this subsection shall be deemed to apply prospectively only and no
131-9	retroactive payment shall be made.
131-10	(3) The retirement allowance of all state employees and all beneficiaries of state
131-11	employees who have not completed at least ten (10) years of contributory service on or before
131-12	July 1, 2005 or were not eligible to retire as of September 30, 2009, shall, on the month following
131-13	the third anniversary date of retirement, and on the month following the anniversary date of each
131-14	succeeding year be adjusted and computed by multiplying the retirement allowance by three
131-15	percent (3%) or the percentage of increase in the Consumer Price Index for all Urban Consumers
131-16	(CPI-U) as published by the United States Department of Labor Statistics determined as of
131-17	September 30 of the prior calendar year, whichever is less; the cost of living adjustment shall be
131-18	compounded annually from the year for which the cost of living adjustment was determined
131-19	payable by the retirement board; provided, that no adjustment shall cause any retirement
131-20	allowance to be decreased from the retirement allowance provided immediately before such
131-21	adjustment.
131-22	(d) For state employees not eligible to retire in accordance with this chapter as of
131-23	September 30, 2009 and not eligible upon passage of this article, and for their beneficiaries, the
131-24	cost of living adjustment described in subsection (3) above shall only apply to the first thirty-five
131-25	thousand dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon
131-26	the third (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65),
131-27	whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the
131-28	percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U)as published
131-29	by the United States Department of Labor Statistics determined as of September 30 of the prior
131-30	calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars
131-31	($35,000) of retirement allowance, as indexed, shall be multiplied by the percentage of increase
131-32	in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States
131-33	Department of Labor Statistics determined as of September 30 of the prior calendar year or three
131-34	percent (3%), whichever is less, on the month following the anniversary date of each succeeding
132-1	year. For state employees eligible to retire as of September 30, 2009 or eligible upon passage of
132-2	this article, and for their beneficiaries, the provisions of this subsection (d) shall not apply.
132-3	~~(d)~~ (e) All legislators and all beneficiaries of legislators who are receiving a retirement
132-4	allowance pursuant to the provisions of § 36-10-9.1 for a period of three (3) or more years, shall,
132-5	commencing January 1, 1982, receive a cost of living retirement adjustment, in addition to a
132-6	retirement allowance, in an amount equal to three percent (3%) of the original retirement
132-7	allowance. In each succeeding year thereafter during the month of January, the retirement
132-8	allowance shall be increased an additional three percent (3%) of the original retirement
132-9	allowance, compounded annually, to be continued during the lifetime of the legislator or
132-10	beneficiary. For the purposes of computation, credit shall be given for a full calendar year
132-11	regardless of the effective date of the service retirement allowance.
132-12	~~(e)~~ (f) The provisions of §§ 45-13-7 – 45-13-10 shall not apply to this section.
132-13	SECTION 2. Section 16-16-40 of the General Laws in Chapter 16-16 entitled “Teacher
132-14	Retirement” is hereby amended to read as follows:
132-15	16-16-40. Additional benefits payable to retired teachers. -- (a) All teachers and all
132-16	beneficiaries of teachers receiving any service retirement or ordinary disability retirement
132-17	allowance pursuant to the provisions of this chapter and chapter 17 of this title, on or before
132-18	December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half
132-19	percent (1.5%) per year of the original retirement allowance, not compounded, for each year the
132-20	retirement allowance has been in effect. For purposes of computation credit shall be given for a
132-21	full calendar year regardless of the effective date of the retirement allowance. This cost of living
132-22	retirement adjustment shall be added to the amount of the service retirement allowance as of
132-23	January 1, 1970, and payment shall begin as of July 1, 1970. An additional cost of living
132-24	retirement adjustment shall be added to the original retirement allowance equal to three percent
132-25	(3%) of the original retirement allowance on the first day of January, 1971, and each year
132-26	thereafter through December 31, 1980.
132-27	(b) All teachers and beneficiaries of teachers receiving any service retirement or ordinary
132-28	disability retirement allowance pursuant to the provisions of this title who retired on or after
132-29	January 1, 1968, shall, on the first day of January, next following the third (3rd) year on
132-30	retirement, receive a cost of living adjustment, in addition to his or her retirement allowance, an
132-31	amount equal to three percent (3%) of the original retirement allowance. In each succeeding year
132-32	thereafter, on the first day of January, the retirement allowance shall be increased an additional
132-33	three percent (3%) of the original retirement allowance, not compounded, to be continued through
132-34	December 31, 1980.
133-1	(c) Beginning on January 1, 1981, for all teachers and beneficiaries of teachers receiving
133-2	any service retirement and all teachers and all beneficiaries of teachers who have completed at
133-3	least ten (10) years of contributory service on or before July 1, 2005, pursuant to the provisions of
133-4	this chapter, and for all teachers and beneficiaries of teachers who receive a disability retirement
133-5	allowance pursuant to §§ 16-16-14 – 16-16-17, the cost of living adjustment shall be computed
133-6	and paid at the rate of three percent (3%) of the original retirement allowance or the retirement
133-7	allowance as computed in accordance with § 16-16-40.1, compounded annually from the year for
133-8	which the cost of living adjustment was determined to be payable by the retirement board
133-9	pursuant to the provisions of subsection (a) or (b) of this section. Such cost of living adjustments
133-10	are available to teachers who retire before October 1, 2009 or are eligible to retire as of
133-11	September 30, 2009.
133-12	(2) The provisions of this subsection shall be deemed to apply prospectively only and no
133-13	retroactive payment shall be made.
133-14	(3) The retirement allowance of all teachers and all beneficiaries of teachers who have
133-15	not completed at least ten (10) years of contributory service on or before July 1, 2005 or were not
133-16	eligible to retire as of September 30, 2009, shall, on the month following the third anniversary
133-17	date of the retirement, and on the month following the anniversary date of each succeeding year
133-18	be adjusted and computed by multiplying the retirement allowance by three percent (3%) or the
133-19	percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as
133-20	published by the United States Department of Labor Statistics, determined as of September 30 of
133-21	the prior calendar year, whichever is less; the cost of living adjustment shall be compounded
133-22	annually from the year for which the cost of living adjustment was determined payable by the
133-23	retirement board; provided, that no adjustment shall cause any retirement allowance to be
133-24	decreased from the retirement allowance provided immediately before such adjustment.
133-25	(d) For teachers not eligible to retire in accordance with this chapter as of September 30,
133-26	2009 and not eligible upon passage of this article, and for their beneficiaries, the cost of living
133-27	adjustment described in subsection (3) above shall only apply to the first thirty-five thousand
133-28	dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third
133-29	(3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65),
133-30	whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the
133-31	percentage increase in the Consumer Price Index for all Urban Consumer (CPI-U) as published
133-32	by the United States Department of Labor Statistics determined as of September 30 of the prior
133-33	calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars
133-34	($35,000), as indexed, of retirement allowance shall be multiplied by the percentage of increase
134-1	in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States
134-2	Department of Labor Statistics determined as of September 30 of the prior calendar year or three
134-3	percent (3%), whichever is less, on the month following the anniversary date of each succeeding
134-4	year. For teachers eligible to retire as of September 30, 2009 or eligible upon passage of this
134-5	article, and for their beneficiaries, the provisions of this subsection (d) shall not apply.
134-6	~~(d)~~ (e) The provisions of §§ 45-13-7 – 45-13-10 shall not apply to this section.
134-7	SECTION 3. Sections 8-3-15 of the General Laws in Chapter 8-3 entitled “Justices of
134-8	Supreme, Superior, and Family Courts” is hereby amended to read as follows:
134-9	8-3-15. Cost of living allowance. -- (a) All justices of the supreme court, superior court,
134-10	family court, or district court, or their surviving spouses or domestic partners, who retire after
134-11	January 1, 1970 and who receive a retirement allowance pursuant to the provisions of this title
134-12	shall, on the first day of January next following the third anniversary date of retirement, receive a
134-13	cost-of-living retirement adjustment in addition to his or her retirement allowance in an amount
134-14	equal to three percent (3%) of the original retirement allowance. In each succeeding year
134-15	thereafter during the month of January, the retirement allowance shall be increased an additional
134-16	three percent (3%) of the original allowance, not compounded, to be continued during the lifetime
134-17	of the justice or his or her surviving spouse or domestic partner. For the purpose of such
134-18	computation, credit shall be given for a full calendar year regardless of the effective date of the
134-19	retirement allowance.
134-20	(b) Any justice who retired prior to January 31, 1977 shall be deemed for the purpose of
134-21	this section to have retired on January 1, 1977.
134-22	(c) For justices not eligible to retire as of September 30, 2009 and not eligible upon
134-23	passage of this article, and for their beneficiaries, the cost of living adjustment described in
134-24	subsection (3) above shall only apply to the first thirty-five thousand dollars ($35,000) of
134-25	retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of
134-26	the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The
134-27	thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in
134-28	the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United States
134-29	Department of Labor Statistics determined as of September 30 of the prior calendar year or three
134-30	percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of
134-31	retirement allowance shall be multiplied by the percentage of increase in the Consumer Price
134-32	Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor
134-33	Statistics determined as of September 30 of the prior calendar year or three percent (3%),
134-34	whichever is less, on the month following the anniversary date of each succeeding year. For
135-1	justices eligible to retire as of September 30, 2009 or eligible upon passage of this article, and for
135-2	their beneficiaries, the provisions of this subsection (c) shall not apply.
135-3	SECTION 4. Sections 8-8.2-12 of the General Laws in Chapter 8-8.2 entitled “Traffic
135-4	Tribunal” is hereby amended to read as follows:
135-5	8-8.2-12. Additional benefits payable to retired judges and their surviving spouses
135-6	or domestic partners. – (a) All judges of the administrative adjudication court and all judges of
135-7	the administrative adjudication court who have been reassigned to the traffic tribunal, or their
135-8	surviving spouses or domestic partners, who retire after January 1, 1970 and who receive a
135-9	retirement allowance pursuant to the provisions of this title, shall, on the first day of January, next
135-10	following the third anniversary of the retirement, receive a cost of living retirement adjustment in
135-11	addition to his or her retirement allowance in an amount equal to three percent (3%) of the
135-12	original retirement allowance. In each succeeding year thereafter during the month of January, the
135-13	retirement allowance shall be increased an additional three percent (3%) of the original
135-14	allowance, compounded annually from the year cost of living adjustment was first payable to be
135-15	continued during the lifetime of the judge or his or her surviving spouse or domestic partner. For
135-16	the purpose of such computation, credit shall be given for a full calendar year regardless of the
135-17	effective date of the retirement allowance.
135-18	(b) Any judge who retired prior to January 31, 1980, shall be deemed for the purpose of
135-19	this section to have retired on January 1, 1980.
135-20	(c) For judges not eligible to retire as of September 30, 2009 and not eligible upon
135-21	passage of this article, and for their beneficiaries, the cost of living adjustment described in
135-22	subsection (3) above shall only apply to the first thirty-five thousand dollars ($35,000) of
135-23	retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of
135-24	the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The
135-25	thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in
135-26	the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United States
135-27	Department of Labor Statistics determined as of September 30 of the prior calendar year or three
135-28	percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of
135-29	retirement allowance shall be multiplied by the percentage of increase in the Consumer Price
135-30	Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor
135-31	Statistics determined as of September 30 of the prior calendar year or three percent (3%),
135-32	whichever is less on the month following the anniversary date of each succeeding year. For
135-33	judges eligible to retire as of September 30, 2009 or eligible upon passage of this article, and for
135-34	their beneficiaries, the provisions of this subsection (c) shall not apply.
136-1	SECTION 5. Sections 28-30-18 of the General Laws in Chapter 28-30-18 entitled
136-2	“Workers’ Compensation Court” is hereby amended to read as follows:
136-3	28-30-18. Additional benefits payable to retired judges and their surviving spouses
136-4	or domestic partners. -- (a) All judges of the workers' compensation court, or their surviving
136-5	spouses or domestic partners, who retire after January 1, 1970 and who receive a retirement
136-6	allowance pursuant to the provisions of this title, shall, on the first day of January next following
136-7	the third anniversary date of their retirement, receive a cost of living retirement adjustment in
136-8	addition to his or her retirement allowance in an amount equal to three percent (3%) of the
136-9	original retirement allowance. In each succeeding subsequent year during the month of January
136-10	the retirement allowance shall be increased an additional three percent (3%) of the original
136-11	allowance, compounded annually from the year the cost of living adjustment was first payable to
136-12	be continued during the lifetime of that judge or his or her surviving spouse or domestic partner.
136-13	For the purpose of that computation, credit shall be given for a full calendar year regardless of the
136-14	effective date of the retirement allowance.
136-15	(b) Any judge who retired prior to January 31, 1980, shall be deemed for the purpose of
136-16	this section to have retired on January 1, 1980.
136-17	(c) For judges not eligible to retire as of September 30, 2009 and not eligible upon
136-18	passage of this article, and for their beneficiaries, the cost of living adjustment described in
136-19	subsection (3) above shall only apply to the first thirty-five thousand dollars ($35,000) of
136-20	retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of
136-21	the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The
136-22	thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in
136-23	the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United States
136-24	Department of Labor Statistics determined as of September 30 of the prior calendar year or three
136-25	percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of
136-26	retirement allowance shall be multiplied by the percentage of increase in the Consumer Price
136-27	Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor
136-28	Statistics determined as of September 30 of the prior calendar year or three percent (3%),
136-29	whichever is less on the month following the anniversary date of each succeeding year. For
136-30	judges eligible to retire as of September 30, 2009 or eligible upon passage of this article, and for
136-31	their beneficiaries, the provisions of this subsection(c) shall not apply.
136-32	SECTION 6. This article shall take effect upon passage.
136-33	ARTICLE 17
136-34	RELATING TO RHODE ISLAND RESOURCE RECOVERY CORPORATION
137-1	SECTION 1. Section 23-18.8-2 of the General Laws in Chapter 23-18.8 entitled “Waste
137-2	Recycling” is hereby amended to read as follows:
137-3	23-18.8-2. Legislative findings. -- The general assembly recognizes and declares that:
137-4	(1) Any environmentally and economically sound solid waste management system must
137-5	incorporate recycling;
137-6	(2) A sound recycling program will be best achieved by cooperation of the Rhode
137-7	Island resource recovery corporation, the department of administration, the department of
137-8	environmental management and the cities and towns of the state;
137-9	(3) All solid waste capable of being recycled should be recycled, as a target, no less
137-10	than thirty-five percent (35%) of the solid waste generated in the state should be disposed of
137-11	through recycling; every effort should be made to exceed this target;
137-12	(4) A recycling facility should be operational at the central landfill;
137-13	(5) Upon full implementation of the recycling program, all solid waste management,
137-14	both from cities and towns, and from commercial establishments, will be separated into
137-15	recyclable and nonrecyclable components;
137-16	(6) Recycling operations should begin at resource recovery plants upon initiation of
137-17	plant operations;
137-18	(7) In order to develop a workable implementation schedule the department of
137-19	environmental management should develop schedules for the entry of cities and towns into the
137-20	source separation system;
137-21	(8) Private contractor arrangements for recovery of recyclables at the point of origin or
137-22	at the municipal level should be encouraged and not interfered with;
137-23	(9) Recyclable materials recovered at recycling facilities are to be made available to
137-24	private industry in the first instance, and where cost effective, operation of recycling facilities
137-25	should be by the private sector;
137-26	(10) The corporation should provide, for a period of three (3) years, the reasonable
137-27	additional allowable costs for implementing this program for the cities and towns;
137-28	(11) The definition of recyclable materials should be the responsibility of the
137-29	department of environmental management; provided, that the definition shall include, but not be
137-30	limited to, plastic materials that contain the plastic resins used to produce labeled (1) through (7)
137-31	with the numbers clearly marked on the product and contained in a triangle formed by chasing
137-32	arrows. The products shall be generated as part of daily, municipal, non-municipal residential, or
137-33	commercial activities,. ~~and the~~ The corporation shall accept ~~these materials~~ plastic materials
137-34	labeled (3) through (7) for recycling no later than ~~January 1, 2011~~ June 30, 2013. Plastic resin
138-1	by-products, or products produced for industrial use, shall not be required to be accepted at the
138-2	recycling facility, unless deemed appropriate for processing by the corporation. The definition
138-3	should be changed from time to time depending upon new technologies, economic conditions,
138-4	waste stream characteristics, environmental effects, or other factors;
138-5	(12) Telephone directories, five hundred thousand (500,000) of which, at an average
138-6	weight of five and one-quarter (5.25) pounds, are distributed yearly in the state, contribute
138-7	significantly to the solid waste stream, which would be greatly reduced if directories were printed
138-8	on recyclable paper and bound with a binder which will not interfere with recyclability.
138-9	(13) Any person who generates commercial solid waste and employs fifty (50) or more
138-10	employees, shall contract for recycling services as part of any agreement between a private waste
138-11	hauler and the commercial establishment for the disposal of solid waste. A commercial
138-12	establishment of any size may work with the city or town where it is located to consider options
138-13	that would allow the city or town to collect the commercial recyclables generated by the
138-14	commercial establishment.
138-15	SECTION 2. Section 23-19-31 of the General Laws in Chapter 23-19 entitled “Health
138-16	and Safety” is hereby amended to read as follows:
138-17	23-19-31. Recycling facility at central landfill. -- The Rhode Island resource recovery
138-18	corporation shall construct a recycling facility at the state's central landfill. This facility will
138-19	receive separated recyclable waste as defined by the department of environmental management;
138-20	provided, that the definition shall include, but not be limited to, plastic materials that contain the
138-21	plastic resins used to produce products labeled (1) through (7) with the numbers clearly marked
138-22	on the product and contained in a triangle formed by chasing arrows. The products shall be
138-23	generated as part of daily, municipal, non-municipal residential, or commercial activities,. ~~and the~~
138-24	The corporation shall accept ~~these materials~~ plastic materials labeled (3) through (7) for recycling
138-25	no later than ~~January 1, 2011~~ June 30, 2013. Plastic resin by-products, or products produced for
138-26	industrial use, shall not be required to be accepted at the recycling facility, unless deemed
138-27	appropriate for processing by the corporation. The corporation shall use its reasonable efforts to
138-28	market the recyclable materials to local commercial users of the material, including
138-29	owners/tenants located in any industrial/business park developed pursuant to § 23-19-35.1(c),
138-30	consistent with receiving optimum prices. The corporation shall also use its reasonable efforts to
138-31	market finished goods made from recyclable materials to local commercial users of those goods,
138-32	and shall offer these goods for sale through a quarterly competitive bid process consistent with
138-33	industry practices. No bid contract shall exceed one calendar year. The corporation shall provide
138-34	a thirty (30) calendar day prior public notice for any bid contract which would exceed one month.
139-1	Neither the corporation nor any private concern operating the recycling facility pursuant to §§ 23-
139-2	19-3(10) and 23-19-9(a)(6) shall purchase recyclable materials from the facility or for processing
139-3	at that facility. The corporation will provide this service at no tipping cost to the cities and towns
139-4	for materials delivered to the recycling facility.
139-5	SECTION 3. This article shall take effect upon passage.
139-6	ARTICLE 18
139-7	RELATING TO STATEWIDE PURCHASING SYSTEM AND PROGRAMS FOR PUBLIC
139-8	SCHOOLS
139-9	SECTION 1. Section 16-5-34 of the General Laws in Chapter 16-5 entitled “State Aid”
139-10	is hereby repealed.
139-11	~~16-5-34. Statewide purchasing system. --~~ ~~The department of elementary and secondary~~
139-12	~~education, pursuant to the collaborative established in Rhode Island General Laws § 6-2-9.2~~
139-13	~~along with the department of administration, shall develop a plan for the establishment and~~
139-14	~~implementation of a statewide purchasing system for all public schools in this state. Said~~
139-15	~~statewide purchasing system shall develop requests for proposals relating to goods and services to~~
139-16	~~enhance and support the mission of public schools and public education in general throughout this~~
139-17	~~state, including, but not limited to, the purchase of the following goods, supplies, and services:~~
139-18	~~(a) General school supplies such as paper goods, office supplies, and cleaning products~~
139-19	~~that are or may be utilized by school departments;~~
139-20	~~(b) Textbooks, telecommunications, wireless services, and software that have been~~
139-21	~~identified by local school departments as needed to support local curriculum objectives;~~
139-22	~~(c) A statewide school transportation system for children with special needs. Local school~~
139-23	~~departments shall be eligible to participate in this system by purchasing transportation services on~~
139-24	~~a fee-for-service basis. It is stated herein that the goals and intent of establishing this state-wide~~
139-25	~~transportation system shall be as follows:~~
139-26	~~(1) To reduce the duplication of bus routes;~~
139-27	~~(2) To improve services to children through the development of shorter, more efficient~~
139-28	~~routes that minimize the amount of time spent by the student traveling on school transportation to~~
139-29	~~and from school and school-related/sponsored activities; and~~
139-30	~~(3) To reduce transportation costs to local educational authorities through greater~~
139-31	~~efficiency and cost-effective measures.~~
139-32	~~(d) General non-medical and dental insurance products and services, provided however,~~
139-33	~~that the statewide purchasing system shall permit districts to establish their own benefit~~
139-34	~~and coverage levels.~~
140-1	~~(e) The department of elementary and secondary education, in collaboration with the~~
140-2	~~department of administration, shall also develop policies and procedures to reduce the~~
140-3	~~cost of health care insurance to local school departments by developing a collaborative process~~
140-4	~~which shall include local educational authorities and representatives of local educational unions~~
140-5	~~in discussions of cost saving efficiencies that could be achieved by including these employees in~~
140-6	~~a state health insurance contract.~~
140-7	SECTION 2. Chapter 16-60 of the General Laws entitled “Board of Regents for
140-8	Elementary and Secondary Education” is hereby amended by adding thereto the following
140-9	section:
140-10	16-60-7.3. Statewide purchasing system and programs. – (a) Notwithstanding the
140-11	provisions of any general or public law to the contrary, including the provisions of chapter 2 of
140-12	title 37, the department of elementary and secondary education, together with the department of
140-13	administration, is authorized to develop and implement a statewide purchasing system for all
140-14	public schools in this state, including regional school districts. Said system may be utilized for the
140-15	purchase of all goods, supplies and services to support and enhance public school operations
140-16	under a statewide contract, and shall include, but not be limited to, the following goods, supplies
140-17	and services:
140-18	(1) General school supplies such as paper goods, office supplies, textbooks and cleaning
140-19	products that are or may be utilized by school departments;
140-20	(2) Telecommunications, wireless services, computer equipment, hardware and software
140-21	that have been identified by local school departments as needed to support curriculum objectives;
140-22	(3) General non-medical and dental insurance products and services; provided however,
140-23	that the statewide purchasing system shall permit districts to establish their own benefit and
140-24	coverage levels.
140-25	(b) Notwithstanding the provisions of any general or public law to the contrary, including
140-26	the provisions of chapter 2 of title 37, the department of elementary and secondary education and
140-27	local and regional school districts are authorized to participate in purchasing collaboratives,
140-28	consisting of two (2) or more states. Said participation shall be subject to prior approval of the
140-29	chief purchasing officer and rules and regulations promulgated by the department.
140-30	SECTION 3. Section 37-2-56 of the General Laws in Chapter 37-2 entitled “State
140-31	Purchases” is hereby amended to read as follows:
140-32	37-2-56. Purchasing for municipalities and regional school districts. -- (a) Any
140-33	municipality or regional school district of the state may participate in state master price
140-34	agreement contracts for the purchase of materials, supplies, services and equipment entered into
141-1	by the purchasing agent, provided, however, that the contractor is willing, when requested by the
141-2	municipality or school district, to extend the terms and conditions of the contract and that the
141-3	municipality or school district will be responsible for payment directly to the vendor under each
141-4	purchase contract. Unless a state contract is the result of an intergovernmental cooperative
141-5	purchase contract to which a municipality or school district is a party, the purchasing agent shall
141-6	not compel a successful bidder to extend the same terms and conditions to a municipality or
141-7	school district. However, the purchasing agent may, in the interest of obtaining better pricing on
141-8	behalf of the state and local entities, solicit offers based upon anticipated master price agreement
141-9	utilization by municipalities and school districts.
141-10	SECTION 4. This article shall take effect upon passage.
141-11	ARTICLE 19
141-12	RELATING TO MEDICAID REFORM ACT
141-13	SECTION 1. This article shall serve as a Joint Resolution required pursuant to Rhode
141-14	Island General Laws § 42-12.4-1, et seq.
141-15	WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode
141-16	Island Medicaid Reform Act of 2008”; and
141-17	WHEREAS, Rhode Island General Law § 42-12.4-7 provides that any change that
141-18	requires the implementation of a rule or regulation or modification of a rule or regulation in
141-19	existence prior to the implementation of the global consumer choice section 1115 demonstration
141-20	(“the demonstration”) shall require prior approval of the general assembly; and further provides
141-21	that any category II change or category III change as defined in the demonstration shall also
141-22	require prior approval to the general assembly; and
141-23	WHEREAS, Rhode Island General Law § 42-7.2-5 states that the Secretary of the Office
141-24	of Health and Human Services is responsible for the “review and coordination of any Global
141-25	Consumer Choice Compact Waiver requests and renewals as well as any initiatives and proposals
141-26	requiring amendments to the Medicaid state plan or category I or II changes” as described in the
141-27	demonstration, with “the potential to affect the scope, amount, or duration of publicly-funded
141-28	health care services, provider payments or reimbursements, or access to or the availability of
141-29	benefits and services provided by Rhode Island general and public laws”; and
141-30	WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
141-31	fiscally sound and sustainable, the Secretary requests that the following proposals to amend the
141-32	demonstration be approved by the general assembly:
141-33	(a) Expansion and integration of care management strategies. The department of human
141-34	services proposes to establish a contractual agreement between the Medicaid agency and a
142-1	contractor (e.g., managed care entity) to manage primary, acute and long-term care services for
142-2	Medicaid-only beneficiaries and managed long-term care benefits for individuals dually eligible
142-3	for Medicaid and Medicare. The changes in service delivery will require changes to the rules,
142-4	regulations and procedures governing this area for Medicaid-only and dually eligible
142-5	beneficiaries, as well as Category II changes to the Global Consumer Choice Compact Waiver
142-6	authorizing the expansion of managed care to new service areas and populations.
142-7	(b) Re-procure Medicaid managed care. The department of human services proposes to
142-8	seek a new managed care procurement for RIte Care children and families; children with special
142-9	health care needs; and adults enrolled in Rhody Health Partners living in the community with no
142-10	other form of coverage for the purposes of achieving cost-effective program modifications
142-11	including implementation of communities of care, rate reform, pharmacy efficiencies, selective
142-12	contracting and enhanced benefit management. The re-procurement will follow purchasing rules
142-13	pursuant to Chapter 37-2 of the Rhode Island General Laws. Implementation of these
142-14	modifications may require changes to the rules, regulations and procedures related to managed
142-15	care for the populations affected and Category II changes to the Global Consumer Choice
142-16	Compact Waiver in those areas where additional authority under the terms and conditions of the
142-17	demonstration agreement are warranted.
142-18	(c) Modify payment system for supportive employment programs and day treatment. The
142-19	department of mental health, retardation, and hospitals proposes to modify the payment system
142-20	for certain day programs and treatments provided to beneficiaries receiving behavioral health
142-21	service. These modifications will alter the way these programs and treatments are categorized
142-22	under Medicaid, and will require a Category II change under the terms and conditions established
142-23	for the Global Consumer Choice Compact Waiver.
142-24	(d) Refine payment system for multi-disciplinary treatment planning. The department of
142-25	mental health, retardation, and hospitals proposes to modify the current payment strategy for a
142-26	multi-disciplinary treatment plan to ensure program integrity and accuracy. The changes in the
142-27	payment structure for Medicaid funded services will require a Category II change under the terms
142-28	and conditions established for the Global Consumer Choice Compact Waiver.
142-29	(e) Establish behavioral health community safety net. The department of mental health,
142-30	retardation, and hospitals proposes that the division of behavioral health services use contracting
142-31	to provide community mental health centers a consistent and predictable payment system that
142-32	provides performance and financial incentives. The contracting strategy proposed may result in
142-33	payment restructuring requiring a Category II change under the Global Waiver and amendments
142-34	to the department’s rules, regulations and procedures.
143-1	(f) Restructuring of the network of providers serving persons with developmental
143-2	disabilities. The department of mental health, retardation, and hospitals amendment intends to
143-3	establish through a competitive bidding process one or more networks of service providers, each
143-4	headed by a lead agency, for the purposes of maximizing services and operational efficiencies
143-5	and assuring beneficiaries’ needs are met with the most appropriate services in the most
143-6	appropriate setting. The changes in payment structures and service delivery will require a
143-7	Category II change to the Global Consumer Choice Compact Waiver and certain modifications to
143-8	department rules, regulations and procedures.
143-9	(g) Transfer of state funded methadone maintenance and treatment to costs not otherwise
143-10	matchable. The department of mental health, retardation, and hospitals proposes to obtain federal
143-11	matching funds for certain state-only funded methadone maintenance and treatment costs under
143-12	the terms and conditions of the Global Consumer Choice Compact Waiver. Although such
143-13	matching funds are authorized, the department may need to request certain Category II changes to
143-14	the waiver demonstration prior to implementation.
143-15	(h) Pharmacy – SMAC Program for fee for service. The department of human services
143-16	proposes to establish a state maximum allowable cost (SMAC) program for multi-source generic
143-17	prescription drugs dispensed to Medicaid beneficiaries through fee for service delivery that
143-18	furthers ongoing efforts to leverage the state's purchasing power to obtain the best health
143-19	outcomes at the best price. The implementation of this program requires a Category II change to
143-20	the demonstration under the terms and conditions established under the Global Consumer Choice
143-21	Compact Waiver.
143-22	(i) Personal Choice and Habilitation Services Reform. The department of human services
143-23	is proposing changes to the personal choice and habilitation services programs, which will ensure
143-24	that appropriate, cost effective care is provided in the in the least restrictive setting with improved
143-25	oversight and monitoring and a broader array of service alternatives. The reforms will require
143-26	changes to the department of human services rules, regulations and procedures for these
143-27	programs. Now, therefore, be it
143-28	RESOLVED, that the general assembly hereby approves the changes set forth in
143-29	proposals (a) through (i) listed above to amend the demonstration; and be it further
143-30	RESOLVED, that the secretary of the office of health and human services is authorized
143-31	to pursue and implement any such necessary waiver amendments, category II or category III
143-32	changes, state plan amendments and/or changes to the applicable department’s rules, regulations
143-33	and procedures approved herein and as authorized by § 42-12.4-7.
143-34	SECTION 2. This article shall take effect upon passage.
144-1	ARTICLE 20
144-2	RELATING TO MEDICAL ASSISTANCE
144-3	SECTION 1. Sections 40-8-13.3, 40-8-13.4 and 40-8-29 of the General Laws in Chapter
144-4	40-8 entitled “Medical Assistance” are hereby amended to read as follows:
144-5	40-8-13.3. Payment for services provided by in state and out of state hospitals. -- The
144-6	department of human services and/or the secretary of executive office of health and human
144-7	services is hereby authorized and directed to amend its rules and regulations and amend the
144-8	Rhode Island state plan for medical assistance (Medicaid) pursuant to Title XIX of the federal
144-9	Social Security Act in order to provide for payment to hospitals for services provided to eligible
144-10	recipients in accordance with this chapter. The provisions of this section shall be effective upon
144-11	the promulgation of the amendments and new payment methodology pursuant to this section and
144-12	section 40-8-13.4, which shall in any event be no later than ~~March 30, 2010~~ July 1, 2010, at
144-13	which time the provisions of sections 40-8-13.2, 27-19-14, 27-19-15 and 27-19-16 shall be
144-14	repealed in their entirety.
144-15	40-8-13.4. Rate methodology for payment for in state and out of state hospital
144-16	services. -- (a) The department of human services shall implement a new methodology for
144-17	payment for in state and out of state hospital services in order to ensure access to and the
144-18	provision of high quality and cost-effective hospital care to its eligible recipients.
144-19	(b) In order to improve efficiency and cost effectiveness, the department of human
144-20	services shall:
144-21	(1) With respect to inpatient services: Implement a new payment methodology for
144-22	inpatient services utilizing the Diagnosis Related Groups (DRG) method of payment, which is, a
144-23	patient classification method which provides a means of relating payment to the hospitals to the
144-24	type of patients cared for by the hospitals. It is understood that a payment method based on
144-25	Diagnosis Related Groups may include cost outlier payments and other specific exceptions.
144-26	(2) With respect to outpatient services.: Notwithstanding any provisions of the law to
144-27	the contrary, the department will reimburse hospitals for outpatient services using a rate
144-28	methodology determined by the department and in accordance with federal regulations.
144-29	(c) It is intended that payment utilizing the Diagnosis Related Groups method shall
144-30	reward hospitals for providing the most efficient care, and provide the department the opportunity
144-31	to conduct value based purchasing of inpatient care.
144-32	(d) The director of the department of human services and/or the secretary of executive
144-33	office of health and human services is hereby authorized to promulgate such rules and regulations
144-34	consistent with this chapter, and to establish fiscal procedures he or she deems necessary for the
145-1	proper implementation and administration of this chapter in order to provide payment to hospitals
145-2	using the Diagnosis Related Group payment methodology. Furthermore, amendment of the
145-3	Rhode Island state plan for medical assistance (Medicaid) pursuant to Title XIX of the federal
145-4	Social Security Act is hereby authorized to provide for payment to hospitals for services provided
145-5	to eligible recipients in accordance with this chapter.
145-6	(e) The department shall comply with all public notice requirements necessary to
145-7	implement these rate changes.
145-8	(f) As a condition of participation in the DRG methodology for payment of hospital
145-9	services, every hospital shall submit year-end settlement reports to the department within one
145-10	year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit
145-11	a year-end settlement report as required by this section, the department shall withhold financial
145-12	cycle payments due by any state agency with respect to this hospital by not more than ten percent
145-13	(10%) until said report is submitted.
145-14	(g) The provisions of this section shall be effective upon implementation of the
145-15	amendments and new payment methodology pursuant to this section and section 40-8-13.3, which
145-16	shall in any event be no later than ~~March 30, 2010~~ July 1, 2010, at which time the provisions of
145-17	§§ 40-8-13.2, 27-19-14, 27-19-15 and 27-19-16 shall be repealed in their entirety.
145-18	40-8-29. Selective contracting. -- (a) Notwithstanding any other provision of state law,
145-19	the department of human services is authorized to utilize selective contracting with prior general
145-20	assembly approval for the purpose of purchasing for Medicaid recipients shared living provider
145-21	services, durable medical equipment and supplies, non-emergency transportation, and any other
145-22	Medicaid services, when appropriate, in order to assure that all service expenditures under this
145-23	chapter have the maximum benefit of competition, and afford Rhode Islanders the overall best
145-24	value, optimal quality, and the most cost-effective care possible. Beneficiaries will be limited to
145-25	using the services/products of only those providers determined in a competitive bidding process
145-26	to meet the standards for best quality, performance and price set by the department in accordance
145-27	with applicable federal and state laws.
145-28	(b) For purposes of this section "selective contracting" shall mean the process for
145-29	choosing providers to serve Medicaid beneficiaries based on their ability to deliver the best
145-30	quality products or services, at the best value or price.
145-31	(c) To ensure all services allowable for Medicare reimbursement for beneficiaries who
145-32	are dually eligible, selective contractors must be willing and able to accept Medicare.
145-33	SECTION 2. Section 40-8.3-5 of the General Laws in Chapter 40-8.3 entitled
145-34	“Uncompensated Care” is hereby amended to read as follows:
146-1	40-8.3-5. Hospital payments. -- Due to the high ratio of unqualified uncompensated
146-2	care expenses to qualified uncompensated care expenses, the department of human services is
146-3	hereby authorized and directed to pay ~~during state fiscal~~ ~~years~~ ~~2009 and~~ by September 1, 2010
146-4	from revenues derived from taxes imposed in accordance with § 44-17-1: (1) acute care hospitals
146-5	in Washington County the amount of five hundred thousand dollars ($500,000) to South County
146-6	Hospital, and seven hundred and fifty thousand dollars ($750,000) to The Westerly Hospital; (2)
146-7	any acute care hospital in Kent County the amount of eight hundred thousand dollars ($800,000);
146-8	and (3) Miriam Hospital the amount of one million six hundred thousand dollars ($1,600,000).
146-9	SECTION 3. Section 40-8.5-1.1 of the General Laws in Chapter 40-8.5 entitled “The
146-10	Health Care for Elderly and Disabled Residents Act” is hereby amended to read as follows:
146-11	40-8.5-1.1. Managed health care delivery systems. -- (a) To ensure that all medical
146-12	assistance beneficiaries, including the elderly and all individuals with disabilities, have access to
146-13	quality and affordable health care, the department of human services is authorized to implement
146-14	mandatory managed care health systems.
146-15	(b) "Managed care" is defined as systems that: integrate an efficient financing
146-16	mechanism with quality service delivery; provides a "medical home" to assure appropriate care
146-17	and deter unnecessary services; and place emphasis on preventive and primary care. For purposes
146-18	of Medical Assistance, managed care systems are also defined to include a primary care case
146-19	management model in which ancillary services are provided under the direction of a physician in
146-20	a practice that meets standards established by the department of human services. Managed care
146-21	systems may also include services and supports that optimize the health and independence of
146-22	recipients who are determined to need Medicaid funded long-term care under § 40-8.10 or to be
146-23	at risk for such care under applicable rules and regulations promulgated by the department. ~~Those~~
146-24	Any medical assistance recipients who have third-party medical coverage or insurance may be
146-25	provided such services through an entity certified by or in a contractual arrangement with the
146-26	department or, as deemed appropriate, exempt from mandatory managed care in accordance with
146-27	rules and regulations promulgated by the department of human services. The department is
146-28	further authorized to redesign benefit packages for medical assistance beneficiaries subject to
146-29	appropriate federal approval.
146-30	(c) ~~The~~ In accordance with § 42-12.4-7, the department is authorized to obtain any
146-31	approval through waiver(s), category II or III changes, and/or state plan amendments, from the
146-32	secretary of the United States department of health and human services, that are necessary to
146-33	implement mandatory managed health care delivery systems for all medical assistance recipients,
146-34	including the primary case management model in which ancillary services are provided under the
147-1	direction of a physician in a practice that meets standards established by the department of human
147-2	services. The waiver(s), category II or III changes, and/or state plan amendments shall include the
147-3	authorization to ~~exempt~~ extend managed care to cover long-term care services and supports.
147-4	Such authorization shall also include, as deemed appropriate, exempting certain beneficiaries
147-5	with third-party medical coverage or insurance from mandatory managed care in accordance with
147-6	rules and regulations promulgated by the department of human services.
147-7	(d) To ensure the delivery of timely and appropriate services to persons who become
147-8	eligible for Medicaid by virtue of their eligibility for a U.S. social security administration
147-9	program, the department of human services is authorized to seek any and all data sharing
147-10	agreements or other agreements with the social security administration as may be necessary to
147-11	receive timely and accurate diagnostic data and clinical assessments. Such information shall be
147-12	used exclusively for the purpose of service planning, and shall be held and exchanged in
147-13	accordance with all applicable state and federal medical record confidentiality laws and
147-14	regulations.
147-15	SECTION 4. Section 35-17-1 of the General Laws in Chapter 35-17 entitled "Medical
147-16	Assistance and Public Assistance Caseload Estimating Conferences" is hereby amended to read
147-17	as follows:
147-18	35-17-1. Purpose and membership. -- (a) In order to provide for a more stable and
147-19	accurate method of financial planning and budgeting, it is hereby declared the intention of the
147-20	legislature that there be a procedure for the determination of official estimates of anticipated
147-21	medical assistance expenditures and public assistance caseloads, upon which the executive budget
147-22	shall be based and for which appropriations by the general assembly shall be made.
147-23	(b) The state budget officer, the house fiscal advisor, and the senate fiscal advisor shall
147-24	meet in regularly scheduled caseload estimating conferences (C.E.C.). These conferences shall be
147-25	open public meetings.
147-26	(c) The chairpersonship of each regularly scheduled C.E.C. will rotate among the state
147-27	budget officer, the house fiscal advisor, and the senate fiscal advisor, hereinafter referred to as
147-28	principals. The schedule shall be arranged so that no chairperson shall preside over two (2)
147-29	successive regularly scheduled conferences on the same subject.
147-30	(d) Representatives of all state agencies are to participate in all conferences for which
147-31	their input is germane.
147-32	(e) The department of human services shall provide monthly data to the members of the
147-33	caseload estimating conference by the fifteenth day of the following month. Monthly data shall
147-34	include, but is not limited to, actual caseloads and expenditures for the following case assistance
148-1	programs: temporary assistance to needy families, SSI federal program and SSI state program,
148-2	general public assistance, child care, state food stamp program, and weatherization. The report
148-3	shall include relevant caseload information and expenditures for the following medical assistance
148-4	categories: hospitals, nursing homes, managed care, special education, and all other. In the
148-5	category of managed care, caseload information and expenditures for the following populations
148-6	shall be separately identified and reported: children with disabilities, children in foster care, and
148-7	children receiving adoption assistance. The information shall include the number of Medicaid
148-8	recipients whose estate may be subject to a recovery, the anticipated recoveries form the estate
148-9	and the total recoveries collected each month.
148-10	SECTION 5. This article shall take effect upon passage.
148-11	ARTICLE 21
148-12	RELATING TO TOWNS AND CITIES – GENERAL POWERS
148-13	SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby
148-14	amended by adding thereto the following section:
148-15	45-2-1.1. Authorization of every town, city and district to postpone their budgets
148-16	and Financial Town Meetings for Fiscal Year 2010-2011. – (a) Notwithstanding any general or
148-17	public law or rule or local charter or ordinance to the contrary, every city or town council in the
148-18	State of Rhode Island is hereby authorized to postpone their FY 2010-2011 budget decisions,
148-19	including their financial town meetings for up to ninety (90) days.
148-20	(b) For FY 2010-2011 only, every state or local statute, regulation, ordinance or other
148-21	rule that requires related action (for example, the certifying of a tax roll) shall be extended for
148-22	ninety (90) days from the date the statute, regulation, ordinance or other rule otherwise requires.
148-23	SECTION 2. This article shall take effect upon passage.
148-24	ARTICLE 22
148-25	RELATING TO EFFECTIVE DATE
148-26	This act shall take effect upon passage, except as otherwise provided herein.

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	LC00205/SUB A
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H7105A