========
LC003615/SUB A
========
2014 -- H 7133 SUBSTITUTE A
S T A T E O F R H O D E I S L A N D
IN
GENERAL ASSEMBLY
JANUARY SESSION, A.D.
2014
A N A C T
RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE
STATE
FOR THE FISCAL YEAR ENDING JUNE 30, 2015
Introduced By: Representative Raymond
E. Gallison
Date Introduced: January 16,
2014
Referred To: House Finance
(Governor)
It is enacted
by the General Assembly as follows:
1 ARTICLE 1......... RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF
2 FY 2015
3 ARTICLE 2......... RELATING TO
STATE AID
4 ARTICLE 3......... RELATING TO RESTRICTED RECEIPT ACCOUNTS
5 ARTICLE 4......... RELATING TO DEBT MANAGEMENT ACT
JOINT RESOLUTIONS
6 ARTICLE 5......... RELATING TO CAPITAL DEVELOPMENT PROGRAM
7 ARTICLE 6......... RELATING TO RESOURCE
RECOVERY CORPORATION
8 ARTICLE 7......... RELATING TO REGIONAL GREENHOUSE GAS INITIATIVE ACT
9 ARTICLE 8......... RELATING TO
UNDERGROUND ECONOMY AND EMPLOYEE
10 MISCLASSIFICATION ACT
11 ARTICLE 9......... RELATING TO
GOVERNMENT REFORM
12 ARTICLE 10....... RELATING
TO
MAKING REVISED APPROPRIATIONS IN SUPPORT OF
13 FY 2014
14 ARTICLE 11....... RELATING TO
EMPLOYMENT
15 ARTICLE 12....... RELATING TO REVENUES
16 ARTICLE 13....... RELATING TO STATE LOTTERY
17 ARTICLE 14....... RELATING TO
GOVERNMENT REORGANIZATION
18 ARTICLE 15.......
RELATING TO
HEALTH AND HUMAN
SERVICES
1 ARTICLE 16....... RELATING
TO
HEALTH CARE
2 ARTICLE 17....... RELATING TO
HOSPITAL UNCOMPENSATED CARE
3 ARTICLE 18....... RELATING TO
MEDICAL
ASSISTANCE
4 ARTICLE 19....... RELATING TO
MEDICAL
ASSISTANCE RECOVERIES
5 ARTICLE 20....... RELATING TO BOARD OF EDUCATION
6 ARTICLE 21....... RELATING TO
TRANSPORTATION
7 ARTICLE 22....... RELATING
TO
EDUCATION
8 ARTICLE 23....... RELATING TO EFFECTIVE
DATE
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LC003615/SUB A
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LC003615/SUB A
- Page 2 of 2
1 ARTICLE 1
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art.001/5/001/4/001/3/001/2/001/1
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2 RELATING TO MAKING APPROPRIATIONS
FOR
THE SUPPORT OF
FY
2015
3 SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
4 in this act, the following general revenue amounts are hereby appropriated out of any money in
5 the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
6 2015. The amounts identified for federal funds and restricted receipts shall be made available
7 pursuant to section 35-4-22 and Chapter 41 of Title 42
of the Rhode Island General Laws. For the
8 purposes
and functions
hereinafter mentioned,
the state
controller
is hereby authorized and
9 directed to
draw
his or her orders
upon the general treasurer for the payment of such sums or such
10 portions thereof as may be required from time to time upon receipt by him or her of properly
11 authenticated
vouchers.
12 Administration
13 Central Management
14 General Revenues 1,594,772
15 Office of Digital Excellence 908,192
16 Total – Central Management 2,502,964
17 Legal Services General Revenues 2,039,872
18 Accounts and
Control General Revenues 3,973,748
19 Office of Management and Budget
20 General Revenues 4,018,136
21 Restricted
Receipts 61,374
22 Total – Office of Management and Budget 4,079,510
23 Purchasing
24 General Revenues 2,670,956
25 Other Funds 308,496
26 Total – Purchasing 2,979,452
27 Auditing General Revenues 1,434,565
28 Human Resources
29 General Revenues 7,830,548
30 Federal Funds 766,793
|
1
|
Restricted
Receipts
|
461,639
|
|
2
|
Other Funds
|
1,547,079
|
|
3
|
Total – Human Resources
|
10,606,059
|
|
4
|
Personnel Appeal Board General Revenues
|
75,216
|
|
5
|
Facilities Management
|
|
|
6
|
General Revenues
|
30,790,738
|
|
7
|
Federal Funds
|
1,155,237
|
|
8
|
Restricted
Receipts
|
462,262
|
|
9
|
Other Funds
|
3,322,025
|
|
10
|
Total – Facilities Management
|
35,730,262
|
|
11
|
Capital Projects and
Property Management General Revenues
|
1,252,875
|
|
12 Information
Technology
|
|
13
|
General Revenues
|
19,377,273
|
|
14
|
Federal Funds
|
6,631,482
|
|
15
|
Restricted
Receipts
|
4,099,027
|
|
16
|
Other Funds
|
3,701,511
|
|
17
|
Total – Information Technology
|
33,809,293
|
|
18
|
Library and Information Services
|
|
|
19
|
General Revenues
|
881,464
|
|
20
|
Federal Funds
|
1,184,567
|
|
21
|
Restricted
Receipts
|
653
|
|
22
|
Total – Library and
Information
Services
|
2,066,684
|
|
23
|
Planning
|
|
|
24
|
General Revenues
|
1,922,778
|
|
25
|
Federal Funds
|
12,561,957
|
|
26
|
Restricted
Receipts
|
3,400,000
|
|
27
|
Other Funds
|
|
|
28
|
Federal Highway – PL
Systems Planning
|
2,984,304
|
|
29
|
Air Quality Modeling
|
22,875
|
|
30
|
Total – Planning
|
20,891,914
|
|
31
|
General
|
|
|
32
|
General Revenues
|
|
|
33
|
Rhode Island Commerce Corporation
|
5,431,864
|
|
34
|
RICC – Airport Impact Aid
|
1,025,000
|
1 Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
2 distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
3 the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
4 (40%) of the first $1,000,000 shall be distributed based on the share of landings during the
5 calendar year 2014 at North Central Airport, Newport-Middletown Airport, Block Island Airport,
6 Quonset
Airport, T.F.
Green
Airport and
Westerly
Airport,
respectively. The Rhode
Island
7 Commerce Corporation shall make an impact payment to the towns or cities in which the airport
8 is located based on this calculation. Each community upon which any parts of the above airports
9 are located shall receive at least $25,000.
10 RICC – EPScore (Research Alliance) 1,150,000
11 Innovative Matching Grants 500,000
12 Miscellaneous Grants 146,049
13 Slater Centers
of
Excellence 150,000
14 Torts –
Courts/Awards 400,000
15 Current Care/Health
Information
Exchange 225,000
16 I-195 Commission 301,000
17 RI Film and
Television Office 310,312
18 State
Employees/Teachers Retiree Health
Subsidy 2,321,057
19 Resource Sharing and
State Library Aid 8,773,398
20 Library Construction
Aid 2,331,589
21 Federal Funds 4,345,555
22 Restricted
Receipts 421,500
23 Other Funds
24 Rhode Island Capital Plan Funds
25 Statehouse Renovations 3,000,000
26 DoIT Enterprise Operations Center 250,000
27 Cranston
Street Armory 2,000,000
28 Cannon Building 440,000
29 Zambarano
Building Rehabilitation 500,000
30 Pastore Center Rehab DOA Portion 3,150,000
31 Old
State
House 1,445,000
32 State
Office Building 1,700,000
33 Old
Colony House 100,000
34 William Powers Building 1,475,000
1 Fire Code
Compliance State Buildings 500,000
2 Pastore Center Fire Code
Compliance 1,300,000
3 Pastore Center Utility Systems
Upgrade 2,600,000
4 Replacement of Fueling Tanks 300,000
5 Environmental Compliance 200,000
6 Big River Management Area 120,000
7 Pastore Center Building Demolition 1,000,000
8 Washington
County Government Center 225,000
9 Chapin
Health
Laboratory 1,250,000
10 Pastore Center Parking 890,000
11 Pastore Center Water Tanks 250,000
12 Pastore Cottages Rehabilitation 800,000
13 Ladd
Center Building Demolition 2,100,000
14 I-195 Commission 250,000
15 RI Convention Center Authority 1,000,000
16 Dunkin Donuts Center 1,387,500
17 Mathias 800,000
18 Pastore Center Power Plant 194,723
19 Harrington
Hall Renovations 1,400,000
20 McCoy Stadium 150,000
21 Veterans Memorial Auditorium 1,370,099
22 Virks
Building Renovations 400,000
23 Total – General 60,379,646
24 Debt Service Payments
25 General Revenues 168,805,031
26 Out of the general revenue appropriations for debt service, the General Treasurer is
27 authorized to make payments for the I-195 Redevelopment District Commission loan up to the
28 maximum debt service due in
accordance with the loan agreement.
29 Federal Funds 2,667,399
30 Restricted
Receipts 20,589,305
31 Other Funds
32 Transportation
Debt Service 26,828,667
33 Investment Receipts – Bond Funds 100,000
34 COPS – DLT Building – TDI 271,653
1 Total - Debt Service Payments 219,262,055
2 Energy Resources
3 Federal Funds 524,775
4 Restricted
Receipts 5,215,426
5 Total – Energy Resources 5,740,201
6 Rhode Island
Health Benefits
Exchange Federal Funds 23,433,222
7 Construction
Permitting,
Approvals and
Licensing
8 General Revenues 1,483,525
9 Restricted
Receipts 1,339,903
10 Total – Construction Permitting,
Approvals and Licensing 2,823,428
11 Office of Diversity,
Equity & Opportunity
12 General Revenues 777,197
13 Federal Funds 82,284
14 Total – Office of Diversity,
Equity & Opportunity 859,481
15 Statewide
Personnel Adjustments
16 General Revenues (3,420,118)
17 Federal Funds (1,859,816)
18 Restricted
Receipts (402,343)
19 Other Funds (2,603,414)
20 Total – Statewide Personnel Adjustments (8,285,691)
21 Grand Total –
Administration 425,654,756
22 Business
Regulation
23 Central Management General Revenues 1,234,949
24 Banking Regulation
25 General Revenues 1,514,260
26 Restricted
Receipts 50,000
27 Total – Banking Regulation 1,564,260
28 Securities Regulation
29 General Revenues 1,009,651
30 Restricted
Receipts 3,500
31 Total – Securities Regulation 1,013,151
32 Insurance Regulation
33 General Revenues 3,883,238
34 Restricted Receipts 1,294,012
1 Total – Insurance
Regulation 5,177,250
2 Office of the
Health Insurance Commissioner
3 General Revenues 507,142
4 Federal Funds 2,021,830
5 Restricted
Receipts 10,500
6 Total – Office of the
Health Insurance Commissioner 2,539,472
7 Board of Accountancy General Revenues 16,654
8 Commercial Licensing, Racing &
Athletics
9 General Revenues 586,948
10 Restricted
Receipts 583,111
11 Total – Commercial Licensing,
Racing &
Athletics 1,170,059
12 Boards for Design
Professionals General Revenues 260,635
13 Grand Total –
Business Regulation 12,976,430
14 Labor and Training
15 Central Management
16 General Revenues 93,361
17 Restricted
Receipts 337,854
18 Other Funds
19 Rhode Island Capital Plan Fund
20 Center General Building Roof 505,996
21 Center General Asset Protection 1,500,000
22 Total – Central Management 2,437,211
23 Workforce
Development Services
24 General Funds 1,148,769
25 Federal Funds 23,892,612
26 Restricted
Receipts 9,644,795
27 Other Funds 75,000
28 Total – Workforce Development Services 34,761,176
29 Workforce
Regulation and
Safety General Revenues 2,720,916
30 Income
Support
31 General Revenues 4,317,409
32 Federal Funds 18,291,060
33 Restricted
Receipts
34 Restricted
Receipts 2,146,562
1 Job
Development Fund 20,460,000
2 Other Funds
3 Temporary Disability Insurance
Fund 198,485,516
4 Employment Security Fund 218,620,120
5 Total – Income Support 462,320,667
6 Injured Workers
Services Restricted Receipts 8,951,372
7 Labor Relations
Board General Revenues 388,648
8 Grand Total –
Labor and Training 511,579,990
9 Department of Revenue
10 Director of Revenue General Revenues 1,122,100
11 Office of Revenue Analysis
General Revenues 564,334
12 Lottery Division Lottery Funds 342,306,302
13 Municipal Finance General Revenues 2,256,992
14 Taxation
15 General Revenues 18,930,344
16 Federal Funds 1,294,330
17 Restricted
Receipts 878,210
18 Other Funds
19 Motor Fuel Tax Evasion 43,232
20 Temporary Disability Insurance 952,454
21 Total – Taxation 22,098,570
22 Registry of Motor Vehicles
23 General Revenues 18,826,844
24 Federal Funds 3,818,815
25 Restricted
Receipts 2,200,596
26 Total – Registry of Motor Vehicles 24,846,255
27 State Aid
28 General Revenue
29 Distressed
Communities Relief Fund 10,384,458
30 Payment in
Lieu
of
Tax Exempt Properties 40,080,409
31 Motor Vehicle
Excise Tax Payments 10,000,000
32 Property Revaluation
Program 633,209
33 Municipal Aid 5,000,000
34 Restricted Receipts 922,013
1 Total – State Aid 67,020,089
2 Grand Total –
Revenue 460,214,642
3 Legislature
4 General Revenues 36,429,671
5 Restricted
Receipts 1,587,079
6 Grand Total –
Legislature 38,016,750
7 Lieutenant Governor
8 General Revenues 1,015,084
9 Federal Funds 74,350
10 Grand Total –
Lieutenant Governor 1,089,434
11 Secretary of State
12 Administration General Revenues 2,205,748
13 Corporations General Revenues 2,278,601
14 State Archives
15 General Revenues 69,266
16 Restricted
Receipts 514,752
17 Total – State Archives 584,018
18 Elections &
Civics General Revenues 1,636,292
19 State Library General Revenues 521,178
20 Office of Public
Information
21 General Revenues 626,118
22 Receipted Receipts 15,000
23 Rhode Island Capital Plan Funds
24 Charter Encasement 500,000
25 Total – Office of Public
Information 1,141,118
26 Grand Total –
Secretary of State 8,366,955
27 General
Treasurer
28 Treasury
29 General Revenues 2,206,467
30 Federal Funds 270,861
31 Restricted
Receipts 37,651
32 Other Funds
33 Temporary Disability Insurance
Fund 220,608
34 Total – Treasury 2,735,587
1 State Retirement System
2 Restricted
Receipts
3 Admin Expenses – State
Retirement System 9,308,412
4 Retirement – Treasury Investment Operations 1,265,045
5 Defined Contribution Administration 263,588
6 Total – State Retirement System 10,837,045
7 Unclaimed Property Restricted Receipts 19,712,197
8 Crime
Victim Compensation Program
9 General Revenues 225,638
10 Federal Funds 599,477
11 Restricted
Receipts 1,131,949
12 Total – Crime Victim Compensation
Program 1,957,064
13 Grand Total –
General Treasurer 35,241,893
14 Board
of
Elections
15 General Revenues
16 General Revenues 2,145,127
17 Public Financing of General Elections 2,000,000
18 Grand Total –
Board of Elections 4,145,127
19 Rhode
Island Ethics Commission General Revenues 1,581,205
20 Office of Governor
21 General Revenues
22 General Revenues 4,277,562
23 Contingency Fund 250,000
24 Grand Total –
Office
of Governor 4,527,562
25 Commission for Human Rights
26 General Revenues 1,193,083
27 Federal Funds 287,096
28 Grand Total –
Commission for Human
Rights 1,480,179
29 Public Utilities Commission
30 Federal Funds 87,733
31 Restricted
Receipts 8,372,153
32 Grand Total –
Public Utilities Commission 8,459,886
33 Office of Health
and
Human Services
34 Central Management
1 General Revenues 28,044,154
2 Federal Funds
3 Federal Funds 92,223,591
4 Federal Funds –
Stimulus 312,000
5 Restricted
Receipts 5,292,880
6 Total – Central Management 125,872,625
7 Medical Assistance
8 General Revenue
9 Managed
Care 297,696,087
10 Hospitals 103,617,688
11 Nursing Facilities 81,024,113
12 Home
and Community Based Care 24,069,223
13 Other Services 44,649,734
14 Pharmacy 51,770,620
15 Rhody Health 273,995,508
16 Federal Funds
17 Managed
Care 317,716,679
18 Hospitals 102,962,352
19 Nursing Facilities 81,121,400
20 Home
and Community Based Care 30,197,385
21 Other Services 552,234,966
22 Pharmacy 32,003
23 Rhody Health 275,303,671
24 Special Education 19,000,000
25 Restricted
Receipts 10,615,000
26 Total – Medical Assistance 2,266,006,429
27 Grand Total –
Office
of Health and Human
Services 2,391,879,054
28 Children, Youth,
and
Families
29 Central Management
30 General Revenues 4,609,150
31 Federal Funds 2,269,607
32 Total – Central Management 6,878,757
33 Children's
Behavioral Health Services
34 General Revenues 5,895,388
1 Federal Funds 5,828,492
2 Other Funds
3 Rhode Island Capital Plan Funds
4 NAFI Center 21,494
5 Groden
Center –
Fire Towers 137,500
6 Various
Repairs and Improvements
to Training School 1,154,000
7 Total – Children's Behavioral Health Services 13,036,874
8 Juvenile
Correctional Services
9 General Revenue 23,400,611
10 Federal Funds 271,588
11 Other Funds
12 Rhode Island Capital Plan Funds
13 Thomas C. Slater Training School Generators 213,837
14 Thomas C.
Slater Training School Maintenance Building 535,000
15 Total – Juvenile
Correctional Services 24,421,036
16 Child Welfare
17 General Revenues
18 General Revenues 104,416,147
19 18
to 21
Year Olds 10,185,850
20 Federal Funds
21 Federal Funds 45,482,485
22 18
– 21 Year Olds 2,270,152
23 Federal Funds –
Stimulus 446,340
24 Restricted
Receipts 2,448,750
25 Other Funds
26 RICAP - Fire
Code Upgrades 850,000
27 Total – Child Welfare 166,099,724
28 Higher Education
Incentive Grants General Revenues 200,000
29 Grand Total –
Children, Youth, and
Families 210,636,391
30 Health
31 Central Management
32 General Revenues 481,489
33 Federal Funds 8,071,320
34 Restricted Receipts 4,826,651
1 Total – Central Management 13,379,460
2 State Medical Examiner
3 General Revenues 1,931,511
4 Federal Funds 141,325
5 Total – State Medical Examiner 2,072,836
6 Environmental and Health Services Regulation
7 General Revenues 9,251,095
8 Federal Funds 5,924,339
9 Restricted
Receipts 3,628,936
10 Total – Environmental and Health
Services Regulation 18,804,370
11 Health Laboratories
12 General Revenues 6,130,022
13 Federal Funds 1,718,714
14 Federal Funds – Stimulus 6,500
15 Total – Health Laboratories 7,855,236
16 Public
Health Information
17 General Revenues 1,559,128
18 Federal Funds 2,066,331
19 Total – Public
Health
Information 3,625,459
20 Community and Family
Health and Equity
21 General Revenues 2,176,155
22 Federal Funds 40,748,562
23 Federal Funds – Stimulus 1,267,231
24 Restricted
Receipts 26,137,670
25 Total – Community and
Family Health
and Equity 70,329,618
26 Infectious Disease and
Epidemiology
27 General Revenues 1,428,520
28 Federal Funds 5,150,071
29 Total – Infectious Disease and
Epidemiology 6,578,591
30 Grand Total –
Health 122,645,570
31 Human
Services
32 Central Management
33 General Revenues 4,692,120
34 Federal Funds 3,777,064
1 Restricted
Receipts 522,542
2 Total – Central Management 8,991,726
3 Child Support Enforcement
4 General Revenues 2,362,840
5 Federal Funds 5,877,595
6 Total – Child
Support Enforcement 8,240,435
7 Individual and Family
Support
8 General Revenues 24,327,801
9 Federal Funds 117,893,777
10 Federal Funds – Stimulus 10,571,598
11 Restricted
Receipts 340,431
12 Other Funds
13 Rhode Island Capital Plan Fund
14 Blind Vending Facilities 165,000
15 Intermodal Surface Transportation Fund 4,162,981
16 Total – Individual and Family Support 157,461,588
17 Veterans' Affairs
18 General Revenues 20,274,566
19 Federal Funds 7,481,344
20 Restricted
Receipts 635,000
21 Total – Veterans' Affairs 28,390,910
22 Health Care Eligibility
23 General Revenues 8,226,587
24 Federal Funds 11,774,391
25 Total – Health Care Eligibility 20,000,978
26 Supplemental Security
Income
Program General Revenues 18,197,356
27 Rhode Island
Works
28 General Revenues
29 Child
Care 9,668,635
30 Federal Funds 77,040,945
31 Total – Rhode Island Works 86,709,580
32 State Funded
Programs
33 General Revenues
34 General Public Assistance 1,616,000
1 Of this
appropriation,
$210,000
shall be used for hardship
contingency payments.
2 Federal Funds 300,692,138
3 Total – State Funded
Programs 302,308,138
4 Elderly
Affairs
5 General Revenues
6 General Revenue 6,195,226
7 RIPAE 24,484
8 Care
and Safety of the
Elderly 958
9 Federal Funds 12,223,967
10 Restricted
Receipts 299,336
11 Total – Elderly Affairs 18,743,971
12 Grand Total –
Human
Services 649,044,682
13 Behavioral Health, Developmental Disabilities, and Hospitals
14 Central Management
15 General Revenues 970,823
16 Federal Funds 539,262
17 Total – Central Management 1,510,085
18 Hospital and
Community
System Support
19 General Revenues 1,594,280
20 Restricted
Receipts 934,379
21 Other Funds
22 Rhode Island Capital Plan Fund
23 Medical Center Rehabilitation 1,000,000
24 Community Facilities Fire Code 400,000
25 Total – Hospital and
Community System Support 3,928,659
26 Services for the Developmentally
Disabled
27 General Revenues 111,028,105
28 Federal Funds 112,976,682
29 Restricted Receipts 1,977,450
30 Other Funds
31 Rhode Island Capital Plan Funds
32 DD Private Waiver 507,286
33 Regional Center Repair/Rehabilitation 400,000
34 MR Community Facilities/Access to Independence 500,000
1 Total – Services for the
Developmentally Disabled 227,389,523
2 Behavioral Healthcare Services
3 General Revenues 1,930,322
4 Federal Funds 14,581,527
5 Substance Abuse Prevention Task Forces 900,000
6 NAMI of RI 128,000
7 Restricted
Receipts 125,000
8 Other Funds
9 Rhode Island Capital Plan Funds
10 MH
Community Facilities Repair 400,000
11 MH
Housing Development Thresholds 800,000
12 Substance Abuse Asset Production 100,000
13 Total – Behavioral Healthcare Services 18,964,849
14 Hospital and
Community
Rehabilitative Services
15 General Revenues 51,963,343
16 Federal Funds 52,031,533
17 Restricted
Receipts 6,571,834
18 Other Funds
19 Rhode Island Capital Plan Funds
20 Zambarano
Buildings
and
Utilities 150,000
21 BHDDH
Administrative
Buildings 2,000,000
22 MR
Community Facilities 950,000
23 Total - Hospital and
Community Rehabilitative
Services 113,666,710
24 Grand Total –
Behavioral Health,
Developmental Disabilities,
25 and
Hospitals 365,459,826
26 Office of the Child
Advocate
27 General Revenues 611,817
28 Federal Funds 50,000
29 Grand Total –
Office
of the Child
Advocate 661,817
30 Commission
on the
Deaf and Hard of Hearing
31 General Revenues 394,279
32 Restricted
Receipts 80,000
33 Grand Total –
Com
on Deaf and Hard of Hearing 474,279
34 Governor's
Commission
on Disabilities
1 General Revenues 358,275
2 Federal Funds 141,350
3 Restricted
Receipts 9,177
4 Other Funds
5 RICAP - Handicapped Accessibility 1,000,000
6 Grand Total –
Governor's Commission
on Disabilities 1,508,802
7 Office of the Mental Health Advocate General Revenues 495,010
8 Elementary and Secondary
Education
9 Administration
of
the Comprehensive Education
Strategy
10 General Revenues 20,418,574
11 Federal Funds
12 Federal Funds 192,750,465
13 Federal Funds –
Stimulus 7,727,747
14 RTTT LEA Share 6,379,521
15 Restricted
Receipts 1,269,741
16 HRIC Adult Education Grants 3,500,000
17 Other Funds
18 Rhode Island Capital Plan Funds
19 State-Owned
Cranston 400,000
20 State-Owned Warwick 950,000
21 State-Owned
Woonsocket 1,844,364
22 Total – Administration
of the Comprehensive Education
Strategy 235,240,412
23 Davies Career
and Technical School
24 General Revenues 12,240,174
25 Federal Funds
26 Federal Funds 1,319,532
27 Federal Funds –
Stimulus 42,099
28 Restricted
Receipts 4,050,538
29 Other Funds
30 Rhode Island Capital Plan Funds
31 Davies HVAC 1,237,345
32 Davies Asset Protection 194,962
33 Total – Davies Career and Technical School 19,084,650
34 RI
School for the
Deaf
1 General Revenues 5,929,824
2 Federal Funds 221,056
3 Federal Funds – Stimulus 55,514
4 Restricted
Receipts 558,248
5 Other Funds 59,000
6 Total – RI School
for the Deaf 6,823,642
7 Metropolitan Career and Technical School
8 General Revenues 10,501,360
9 Other Funds
10 Rhode Island Capital Plan Funds
11 MET
Asset Protection 100,000
12 MET
School HVAC 1,160,657
13 Total – Metropolitan
Career and Technical School 11,762,017
14 Education Aid
15 General Revenues 759,595,856
16 Restricted
Receipts 17,575,445
17 Other Funds
18 Permanent School Fund – Education
Aid 300,000
19 Total – Education
Aid 777,471,301
20 Central Falls
School District General Revenues 39,036,247
21 Housing Aid General Revenues 67,949,504
22 Teachers' Retirement General Revenues 89,529,396
23 Grand Total –
Elementary and Secondary Education 1,246,897,169
24 Public Higher Education
25 Office of Postsecondary Commissioner
26 General Revenues 4,566,270
27 Federal Funds 5,092,287
28 Total – Office of Postsecondary Commissioner 9,658,557
29 University
of
Rhode Island
30 General Revenue
31 General Revenues 69,292,680
32 The University of Rhode
Island
shall
maintain tuition charges
in the 2014 – 2015
33 academic year at the same level as the 2013 – 2014 academic year. The University shall not
34 decrease internal student financial aid in the 2014 – 2015 academic year below the level of the
1 2013 – 2014
academic year. The President of the
institution shall report,
prior
to the
2 commencement of the 2014-2015 academic year, to the chair of the Rhode Island Board of
3 Education that such tuition charges and student aid levels have been achieved at the start of FY
4 2015 as prescribed
above.
5 Debt Service 20,903,400
6 State Crime Laboratory 1,035,888
7 Other Funds
8 University and College
Funds 612,113,492
9 Debt –
Dining Services 1,110,746
10 Debt –
Education and General 3,180,567
11 Debt –
Health
Services 136,814
12 Debt –
Housing Loan
Funds 10,625,414
13 Debt – Memorial Union 314,538
14 Debt –
Ryan
Center 2,798,531
15 Debt –
Alton Jones
Services 103,078
16 Debt –
Parking Authority 949,029
17 Debt –
Sponsored Research 94,572
18 Debt –
URI
Energy Conservation 2,460,718
19 Rhode Island
Capital Plan
Funds
20 Asset Protection 7,520,000
21 Fire and
Safety Protection 3,250,000
22 Nursing Education Center 700,000
23 Electric Substation 7,000,000
24 Total – University of Rhode Island 743,589,467
25 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
26 unencumbered balances as of June 30, 2015 relating to the University of Rhode Island are hereby
27 reappropriated
to
fiscal year 2016.
28 Rhode Island
College
29 General Revenues
30 General Revenues 42,911,103
31 Rhode Island College shall maintain tuition charges in the 2014 – 2015 academic year at
32 the same level as the 2013 – 2014 academic year. The College shall not decrease internal student
33 financial aid in the 2014 – 2015 academic year below the level of the 2013
– 2014 academic year.
34 The
President of the institution shall report, prior to
the commencement of the 2014-2015
1 academic year, to the chair of the Rhode Island Board of Education that such tuition charges and
2 student aid levels
have
been achieved at the
start of FY 2015 as prescribed
above.
3 Debt Service 4,450,296
4 Other Funds
5 University and College
Funds 112,190,914
6 Debt –
Education and General 883,664
7 Debt –
Housing 2,054,108
8 Debt –
Student Center and Dining 172,600
9 Debt –
Student Union 234,963
10 Debt –
G.O.
Debt Service 1,641,626
11 Rhode Island Capital Plan Funds
12 Asset Protection 2,963,548
13 Infrastructure Modernization 3,871,317
14 Total – Rhode Island College 171,374,139
15 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
16 unencumbered
balances as
of
June
30,
2015
relating to
Rhode Island College are
hereby
17 reappropriated
to
fiscal year 2016.
18 Community
College of Rhode Island
19 General Revenues
20 General Revenues 45,882,495
21 The Community College of Rhode Island shall maintain tuition charges in the 2014 –
22 2015 academic year at the same level as the 2013 – 2014 academic year. The College shall not
23 decrease internal student financial aid in the 2014 – 2015 academic year below the level of the
24 2013 – 2014
academic year. The President of the
institution shall report,
prior
to the
25 commencement of the 2014-2015 academic year, to the chair of the Rhode Island Board of
26 Education that such tuition charges and student aid levels have been achieved at the start of FY
27 2015 as prescribed
above.
28 Debt Service 1,912,779
29 Restricted
Receipts 644,000
30 Other Funds
31 University and College
Funds 102,754,282
32 Debt –
Bookstore 27,693
33 CCRI Debt Service – Energy Conservation 807,475
34 Rhode Island Capital Plan Funds
1 Asset Protection 2,138,305
2 Knight Campus
Renewal 2,000,000
3 Total – Community College of RI 156,167,029
4 Notwithstanding
the provisions
of
section 35-3-15
of
the general
laws, all unexpended
or
5 unencumbered balances as of June 30, 2015 relating to the Community College of Rhode Island
6 are hereby reappropriated to fiscal year 2016.
7 Grand Total –
Public Higher Education 1,080,789,192
8 RI State Council on the Arts
9 General Revenues
10 Operating Support 428,501
11 Grants 1,054,574
12 Federal Funds 799,348
13 Other Funds
14 Art for Public
Facilities 632,536
15 Grand Total –
RI
State Council on the Arts 2,914,959
16 RI Atomic Energy Commission
17 General Revenues 913,197
18 Other Funds
19 URI Sponsored
Research 257,977
20 RICAP - RINSC Asset Protection 100,000
21 Grand Total –
RI
Atomic
Energy Commission 1,271,174
22 RI Higher Education Assistance Authority
23 General Revenues
24 Authority Operations and Other Grants 147,000
25 Federal Funds
26 Federal Funds 10,680,967
27 WaytoGoRI Portal 650,000
28 Guaranty Agency Reserve
Fund 4,134,726
29 The $2,634,726 expended from the Guaranty Agency Reserve Fund shall be used for RIHEAA
30 need-based scholarships and grants.
31 Other Funds
32 Tuition Savings
Program – Needs
Based Grants and Work Opportunities 8,000,000
33 Tuition Savings
Program –
Administration 334,268
34 Grand Total –
RI
Higher Education Assistance Authority 23,946,961
1 RI Historical Preservation and
Heritage Commission
2 General Revenues 1,320,610
3 Federal Funds 2,183,588
4 Restricted
Receipts 434,910
5 Other Funds
6 RIDOT Project Review 70,868
7 RICAP - Eisenhower
House Asset Protection 1,900,000
8 Grand Total –
RI
Historical Preservation and
Heritage Commission 5,909,976
9 Attorney General
10 Criminal
11 General Revenues 14,475,192
12 Federal Funds 1,634,631
13 Restricted
Receipts 10,332,721
14 Total – Criminal 26,442,544
15 Civil
16 General Revenues 4,816,217
17 Restricted
Receipts 917,187
18 Total – Civil 5,733,404
19 Bureau of Criminal Identification General Revenues 1,542,124
20 General
21 General Revenues 2,773,613
22 Other Funds
23 RICAP - Building Renovations
and Repairs 300,000
24 Total – General 3,073,613
25 Grand Total –
Attorney General 36,791,685
26 Corrections
27 Central Management
28 General Revenues 9,070,974
29 Federal Funds 117,996
30 Restricted
Receipts 344,240
31 Total – Central Management 9,533,210
32 Parole Board
33 General Revenues 1,275,799
34 Federal Funds 38,000
1 Total – Parole
Board 1,313,799
2 Custody
and Security
3 General Revenues 118,747,911
4 Federal Funds 810,713
5 Total – Custody and Security 119,558,624
6 Institutional Support
7 General Revenues 15,726,066
8 Other Funds
9 Rhode Island Capital Plan Funds
10 Asset Protection 3,750,000
11 Maximum –
General Renovations 715,433
12 General Renovations Women's 850,000
13 Bernadette Guay Roof 1,203,112
14 ISC Exterior Envelope
and
HVAC 3,933,749
15 Minimum Security Kitchen Expansion 4,160,392
16 Medium Infrastructure 4,833,931
17 Dix
Building Plumbing and
Bathroom Renovations 80,821
18 Total – Institutional Support 35,253,504
19 Institutional Based Rehab./Population
Management
20 General Revenues 8,972,305
21 Federal Funds 619,476
22 Restricted
Receipts 29,164
23 Total – Institutional Based Rehab/Population Mgt. 9,620,945
24 Healthcare Services General Revenues 18,916,896
25 Community
Corrections
26 General Revenues 15,035,529
27 Federal Funds 68,518
28 Restricted
Receipts 25,475
29 Total – Community Corrections 15,129,522
30 Grand Total –
Corrections 209,326,500
31 Judiciary
32 Supreme Court
33 General Revenues
34 General Revenues 26,220,642
1 Defense of Indigents 3,542,240
2 Federal Funds 151,954
3 Restricted
Receipts 2,465,781
4 Other Funds
5 Rhode Island Capital Plan Funds
6 Judicial HVAC 525,000
7 Judicial Complexes Asset Protection 825,000
8 Total - Supreme
Court 33,730,617
9 Judicial Tenure and Discipline General Revenues 115,513
10 Superior Court
11 General Revenues 22,144,027
12 Federal Funds 47,552
13 Restricted
Receipts 302,378
14 Total – Superior Court 22,493,957
15 Family Court
16 General Revenues 19,245,592
17 Federal Funds 1,709,741
18 Total – Family Court 20,955,333
19 District Court
20 General Revenues 11,508,535
21 Restricted
Receipts 292,802
22 Total – District Court 11,801,337
23 Traffic Tribunal General Revenues 8,760,119
24 Workers' Compensation
Court Restricted Receipts 7,712,640
25 Grand Total – Judiciary 105,569,516
26 Military
Staff
27 General Revenues 1,842,096
28 Federal Funds 14,779,178
29 Restricted
Receipts 442,800
30 Other Funds
31 Rhode Island Capital Plan Fund
32 Armory of Mounted
Command
Roof Replacement 300,000
33 State
Armories Fire Code Compliance 10,000
34 Asset Protection 700,000
1 Logistics/Maintenance Facilities Fire Code
Compliance 5,000
2 Benefit Street Arsenal Rehabilitation 375,000
3 Grand Total –
Military Staff 18,454,074
4 Public Safety
5 Central Management
6 General Revenues 1,176,284
7 Federal Funds 4,096,105
8 Restricted
Receipts 20,000
9 Total – Central Management 5,292,389
10 E-911 Emergency
Telephone System General Revenues 5,428,479
11 State Fire Marshal
12 General Revenues 2,746,455
13 Federal Funds 94,000
14 Restricted
Receipts 498,854
15 Other Funds
16 Rhode Island Capital Plan Funds
17 Fire Academy 1,934,500
18 Quonset Development Corporation 57,335
19 Total – State Fire Marshal 5,331,144
20 Security
Services General Revenues 21,751,650
21 Municipal Police Training Academy
22 General Revenues 245,379
23 Federal Funds 397,400
24 Total – Municipal Police Training Academy 642,779
25 State Police
26 General Revenues 63,945,787
27 Federal Funds 2,306,770
28 Restricted
Receipts 12,345,000
29 Other Funds
30 Rhode Island Capital Plan Funds
31 Barracks
and
Training 4,127,659
32 Headquarters Repairs/Rehabilitation 737,800
33 Traffic Enforcement –
Municipal Training 134,500
34 Lottery Commission
Assistance 1,399,683
|
1
|
Airport Corporation
|
176,206
|
|
2
|
Road Construction Reimbursement
|
2,935,000
|
|
3
|
Total – State Police
|
88,108,405
|
|
4
|
Grand Total –
Public Safety
|
126,554,846
|
|
5 Office of Public
Defender
|
|
6
|
General Revenues
|
11,130,816
|
|
7
|
Federal Funds
|
248,864
|
|
8
|
Grand Total –
Office
of Public Defender
|
11,379,680
|
9 Emergency Management
10 General Revenues 1,959,858
11 Federal Funds 18,273,640
12 Restricted
Receipts 221,729
13 Other Funds
14 Rhode Island Capital Plan Fund
15 Hurricane
Sandy Cleanup 167,000
16 Grand Total –
Emergency Management 20,622,227
17 Environmental Management
18 Office of the
Director
19 General Revenues
20 General Revenues 5,020,153
21 Permit Streamlining 33,414
22 Federal Funds 150,000
23 Restricted
Receipts 2,884,372
24 Total – Office of the
Director 8,087,939
25 Natural Resources
26 General Revenues 19,244,615
27 Federal Funds 21,348,128
28 Restricted
Receipts 4,138,036
29 Other Funds
30 DOT Recreational Projects 1,114,278
31 Blackstone Bikepath
Design 2,059,795
32 Transportation MOU 78,579
33 Rhode Island Capital Plan Funds
34 Dam Repair 1,500,000
|
1
|
Fort Adams
Rehabilitation
|
300,000
|
|
2
|
Fort Adams
America's
Cup
|
3,000,000
|
|
3
|
Recreational Facilities
Improvements
|
3,500,000
|
|
4
|
Galilee Piers Upgrade
|
2,000,000
|
|
5
|
Newport Piers
|
100,000
|
|
6
|
World
War II Facility
|
2,600,000
|
|
7
|
Blackstone Valley Bike Path
|
659,170
|
|
8
|
Rocky Point Acquisition/Renovations
|
3,400,000
|
|
9
|
Total – Natural Resources
|
65,042,601
|
10 Environmental Protection
11 General Revenues 11,241,923
12 Federal Funds 10,361,483
13 Restricted
Receipts 8,912,581
14 Other Funds
15 Transportation MOU 165,000
16 Total – Environmental Protection 30,680,987
17 Grand Total –
Environmental Management 103,811,527
18 Coastal Resources
Management Council
19 General Revenues 2,185,538
20 Federal Funds 1,774,143
21 Restricted
Receipts 250,000
22 Rhode Island Capital Plan Funds
23 South Coast Restoration Project 450,000
24 Shoreline Change Beach
SAMP 300,000
25 Grand Total –
Coastal Resources Mgmt. Council 4,959,681
26 Transportation
27 Central Management
28 Federal Funds 9,199,986
29 Other Funds
30 Gasoline Tax 1,770,720
31 Total – Central Management 10,970,706
32 Management and
Budget Other Funds
Gasoline Tax 2,242,961
33 Infrastructure Engineering
- GARVEE/Motor
Fuel
Tax Bonds
34 Federal Funds 325,726,490
1 Of these
federal funds,
$1,790,000
is appropriated to the
Public Rail Corporation from
2 CMAQ federal funds for the payment of liability insurance.
3 Federal Funds – Stimulus 17,188,279
4 Restricted
Receipts 12,352,761
5 Other Funds
6 Gasoline Tax 68,064,896
7 Land
Sale
Revenue 21,300,002
8 Rhode Island Capital Funds
9 RIPTA Land
and Buildings 223,529
10 Highway Project Match
Plan 27,650,000
11 Total - Infrastructure
Engineering – GARVEE 472,505,957
12 Infrastructure Maintenance
13 Other Funds
14 Gasoline Tax 30,790,922
15 Non-Land
Surplus Property 10,000
16 Outdoor Advertising 150,000
17 Rhode Island Capital Plan Funds
18 Maintenance Facilities
Improvements 500,000
19 Salt Storage Facilities 1,000,000
20 Portsmouth Facility 500,000
21 Maintenance Equipment Replacement 2,500,000
22 Train Station Maintenance and Repairs 200,000
23 Cooperative Maintenance Facility DOT/RIPTA 500,000
24 Mass Transit Preliminary Conceptual Design 250,000
25 Total – Infrastructure Maintenance 36,400,922
26 Grand Total – Transportation 522,120,546
27 Statewide
Totals
28 General Revenues 3,445,950,836
29 Federal Funds 3,086,759,793
30 Restricted
Receipts 282,305,536
31 Other Funds 1,962,443,788
32 Statewide Grand Total 8,777,459,953
33 SECTION
2. Each line
appearing
in Section
1
of this
Article shall constitute an
34 appropriation.
1 SECTION 3. Upon the transfer of any function of a department or agency to another
2 department or agency, the Governor is hereby authorized by means of executive order to transfer
3 or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
4 thereby.
5 SECTION 4. From the appropriation for contingency shall be paid such sums as may be
6 required at the discretion of the Governor to fund expenditures for which appropriations may not
7 exist. Such contingency funds may also be used for expenditures in the several departments and
8 agencies where appropriations are insufficient, or where such requirements are due to unforeseen
9 conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
10 for the payment of bills incurred due to emergencies or to any offense against public peace and
11 property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
12 amended. All expenditures and
transfers from this account shall be approved
by the Governor.
13 SECTION 5. The general assembly
authorizes the state controller to establish the
internal
14 service accounts shown below, and no other, to finance and account for the operations of state
15 agencies that provide services to other agencies, institutions and other governmental units on a
16 cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
17 managed in a businesslike manner, promote efficient use of services by making agencies pay the
18 full costs associated with providing the services, and allocate the costs of central administrative
19 services across all fund types, so that federal and other non-general fund programs share in the
20 costs of general government support. The controller is authorized to reimburse these accounts for
21 the cost
of
work
or services performed
for any other
department
or
agency
subject to
the
22 following expenditure limitations:
23 Account Expenditure Limit
24 State
Assessed Fringe
Benefit Internal Service Fund 37,123,794
25 Administration
Central Utilities Internal Service Fund 14,244,902
26 State
Central Mail Internal Service Fund 5,617,173
27 State Telecommunications Internal Service Fund 4,080,029
28 State
Automotive Fleet Internal Service Fund 13,733,063
29 Surplus Property Internal Service Fund 2,500
30 Health Insurance Internal Service Fund 250,127,757
31 Other Post-Employment Benefits
Fund 63,934,483
32 Capital Police Internal Service Fund 1,060,301
1 Secretary of State Record
Center Internal Service Fund 882,436
2 SECTION 6. The General Assembly may provide a written "statement of legislative
3 intent"
signed by the chairperson of the House Finance Committee and by the chairperson of the
4 Senate Finance Committee to show the intended purpose of the appropriations contained in
5 Section 1 of this Article. The statement of legislative intent shall be kept on file in the House
6 Finance
Committee
and in the
Senate
Finance Committee.
7 At least twenty (20) days prior to the issuance of a grant or the release of funds, which
8 grant or funds are listed on the legislative letter of intent, all department, agency and corporation
9 directors, shall notify
in writing the
chairperson
of the
House
Finance Committee
and
the
10 chairperson of the Senate Finance Committee of the approximate date when the funds are to be
11 released or granted.
12 SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
13 appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all
14 funds required to be disbursed for the benefit payments from the Temporary Disability Insurance
15 Fund and Temporary Disability Insurance
Reserve Fund
for
the fiscal year ending June
30, 2015.
16 SECTION
8. Appropriation of Employment
Security
Funds
-- There is
hereby
17 appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to
18 be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending
19 June
30, 2015.
20 SECTION 9. Appropriation of Lottery Division Funds – There is hereby appropriated to
21 the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes
22 of paying commissions or transfers to
the
prize fund for the fiscal year ending June 30, 2015.
23 SECTION
10.
Departments and
agencies listed
below may not exceed the
number of full-
24 time
equivalent (FTE) positions shown below in any pay period.
Full-time equivalent positions do
25 not include seasonal or intermittent positions whose scheduled period of employment does not
26 exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
27 twenty-five (925)
hours,
excluding overtime, in
a
one-year period. Nor
do they include
28 individuals
engaged
in training, the
completion
of
which
is a prerequisite of employment.
29 Provided, however, that the Governor or designee, Speaker of the House of Representatives or
30 designee, and the
President
of
the
Senate
or
designee may
authorize an adjustment to
any
31 limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
32 recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
1 Senate Fiscal Advisor.
2 State employees whose funding is from non-state general revenue funds that are time
3 limited shall receive limited term appointment with the term limited to the availability of non-
4 state general revenue funding source.
5 FY 2015 FTE POSITION AUTHORIZATION
6 Departments and Agencies Full-Time Equivalent
7 Administration 710.7
8 Business Regulation 94.0
9 Labor and Training 410.0
10 Revenue 498.0
11 Legislature 298.5
12 Office of the Lieutenant Governor 8.0
13 Office of the Secretary of State 57.0
14 Office of the General Treasurer 83.0
15 Board
of
Elections 11.0
16 Rhode Island Ethics Commission 12.0
17 Office of the Governor 45.0
18 Commission for Human
Rights 14.5
19 Public Utilities Commission 50.0
20 Office of Health and
Human Services 184.0
21 Children,
Youth, and Families 670.5
22 Health 491.3
23 Human
Services 959.1
24 Behavioral Health, Developmental Disabilities, and Hospitals 1,422.4
25 Office of the Child Advocate 6.0
26 Commission on the
Deaf
and Hard of Hearing 3.0
27 Governor's Commission
on Disabilities 4.0
28 Office of the Mental Health Advocate 3.7
29 Elementary and Secondary Education 154.9
30 School for the Deaf 60.0
31 Davies Career and Technical School 126.0
32 Office of Postsecondary Commissioner 12.8
33 Provided that 1.0 of
the
total
authorization
would be available only for
positions
that
are
1 University of Rhode Island 2,456.5
2 Provided that 573.8 of the total authorization would be available only for positions that are
3 supported by third-party funds.
4 Rhode Island College 923.6
5 Provided that 82.0 of the total authorization would be available only for positions
that are
6 supported by third-party funds.
7 Community College
of Rhode Island 854.1
8 Provided that 94.0
of the total authorization would be
available only for positions that are
9 supported by third-party funds.
10 Rhode Island State Council on
the
Arts 6.0
11 RI Atomic
Energy Commission 8.6
12 Higher Education Assistance Authority 22.0
13 Historical Preservation and Heritage Commission 16.6
14 Office of the Attorney General 236.1
15 Corrections 1,419.0
16 Judicial 726.3
17 Military Staff 85.0
18 Public Safety 633.2
19 Office of the Public Defender 93.0
20 Emergency Management 32.0
21 Environmental Management 399.0
22 Coastal Resources Management Council 29.0
23 Transportation 752.6
24 Total 15,082.0
25 SECTION 11. The amounts reflected in this Article include the appropriation of Rhode
26 Island Capital Plan funds for fiscal year 2015 and supersede appropriations provided for FY 2015
27 within
Section 11 of Article 1 of Chapter 144 of the
P.L. of 2013.
28 The following amounts are hereby appropriated out of any money in the State's Rhode
29 Island
Capital Plan Fund
not
otherwise appropriated to
be expended during the fiscal years
ending
30 June 30, 2016, June 30, 2017,
June 30, 2018, and June 30, 2019. These amounts supersede
31 appropriations
provided
within Section
11 of Article 1 of Chapter 144 of
the P.L. of 2013. For the
32 purposes and functions hereinafter mentioned, the State Controller is hereby authorized and
33 directed to draw his or her orders upon the General Treasurer for the payment of such sums and
34 such portions thereof as may be required by him or her upon receipt of properly authenticated
|
1
|
vouchers.
|
|
|
2
|
|
Fiscal Year
|
Fiscal Year
|
Fiscal Year
|
Fiscal Year
|
|
3
|
|
Ending
|
Ending
|
Ending
|
Ending
|
|
4
|
Project
|
June 30, 2016
|
June 30, 2017
|
June 30, 2018
|
June 30, 2019
|
|
5
|
DOA-Big
River Management Area
|
120,000
|
120,000
|
120,000
|
120,000
|
|
6
|
DOA-Cannon
Building
|
150,000
|
150,000
|
300,000
|
300,000
|
|
7
|
DOA-Environmental Compliance
|
200,000
|
200,000
|
200,000
|
200,000
|
|
8
|
DOA-Fire Code Compliance –
|
|
|
|
|
|
9
|
State
Buildings
|
500,000
|
500,000
|
500,000
|
500,000
|
|
10
|
DOA-Old State House
|
800,000
|
800,000
|
0
|
0
|
11 DOA-Pastore Center Buildings
12 Demolition 1,025,000 975,000 1,200,000 0
13 DOA-Pastore Center - Fire Code
14 Compliance 500,000 500,000 500,000 500,000
15 DOA-Pastore Medical Center
16 Rehab 2,300,000 650,000 250,000 50,000
17 DOA-Utilities Upgrades 1,400,000 0 0 0
18 DOA- Statehouse
Renovations 3,000,000 4,000,000 2,400,000 1,000,000
19 DOA-State Office
Building 600,000 2,800,000 0 0
20 DOA-Washington
County
21 Government Center 475,000 350,000 350,000 0
22 DOA-William Powers
23 Administration Building 180,000 925,000 440,000 500,000
24 DOA-Zambarano Utilities and
25 Infrastructure 550,000 1,000,000 750,000 250,000
26 DLT-Center General Asset
27 Protection 1,500,000 1,200,000 1,000,000 0
28 DHS- Blind
Vending Facilities 165,000 165,000 165,000 165,000
29 BHDDH-Eleanor Slater Hospital
30 Consolidation 0 0 10,000,000 10,000,000
31 ELSEC-Davies School Asset
32 Protection 250,000 250,000 250,000 250,000
33 ELSEC-Met School Asset Protection 100,000 100,000 100,000 0
34 ELSEC-Warwick Career and
1 Technical 950,000 600,000 0 0
2 ELSEC-Woonsocket Career and
3 Technical 808,088 300,000 0 0
4 Higher Ed-Asset Protection-CCRI 2,184,100 2,232,100 2,299,063 2,368,035
5 Higher Ed-Asset Protection-RIC 3,080,400 3,357,700 3,458,431 3,562,184
6 Higher Ed-Asset Protection-URI 5,482,900 7,856,000 8,030,000 8,200,000
7 Higher Ed-CCRI Knight Campus
8 Renewal 2,000,000 5,000,000 11,000,000 0
9 Higher Ed-RIC Infrastructure
10 Modernization 2,000,000 3,000,000 3,500,000 2,000,000
11 AG-Building Renovations and
12 Repairs 300,000 300,000 400,000 400,000
13 DOC-Asset Protection 4,020,000 4,000,000 4,000,000 4,990,000
14 Judicial-Judicial Complexes Asset
15 Protection 850,000 875,000 950,000 950,000
16 Judicial-Judicial Complexes HVAC 750,000 900,000 900,000 900,000
17 Military Staff-Armory of Mounted
18 Commands 357,500 550,000 0 0
19 Military Staff-Emergency
20 Management Building 1,500,000 0 0 0
21 Military Staff-Asset Protection 700,000 700,000 700,000 700,000
22 DEM-Dam Repair 750,000 1,000,000 1,550,000 1,500,000
23 DEM-Fort Adams
Rehabilitation 125,000 0 0 0
24 DEM-Fort Adams Sailing
25 Improvements 1,400,000 0 0 0
26 DEM-Newport Piers 137,500 137,500 0 0
27 DEM-Recreation
Facilities
28 Improvements 2,850,000 2,250,000 1,500,000 500,000
29 DOT-Highway Projects Match
30 Plan 28,200,000 27,200,000 27,200,000 27,200,000
31 DOT-Maintenance Facilities
32 Asset Protection 500,000 500,000 500,000 500,000
33 DOT-Salt Storage Facilities 1,000,000 1,000,000 1,000,000 1,000,000
34 SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.
1 – Any
unexpended and
unencumbered funds from
Rhode Island Capital
Plan Fund project
2 appropriations may be reappropriated at the recommendation of the Governor in the ensuing
3 fiscal year and made available for the same purpose. However, any such reappropriations are
4 subject to final approval by the General Assembly as part of the supplemental appropriations act.
5 Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated at the
6 discretion of the
State
Budget Officer.
7 SECTION 13. For the Fiscal Year ending June 30, 2015, the Rhode Island Housing and
8 Mortgage Finance Corporation shall provide from its resources such sums as appropriate in
9 support of the Neighborhood Opportunities Program. The Corporation shall provide a report
10 detailing the amount of funding provided to this program, as well as information on the number
11 of units of housing provided as a result to the Director of Administration, the Chair of the
12 Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the
13 Senate Finance
Committee and
the
State
Budget Officer.
14 SECTION 14. Notwithstanding any general laws to the contrary, the Office of the
15 Attorney General shall transfer $600,000 from the lead
paint settlement to
the
Housing Resources
16 Commission restricted receipts account.
17 SECTION
15. This article
shall take
effect as of July 1, 2014.
18
19
20
21
22
=======
art.002/6/002/5/002/4/002/3/002/2/002/1
=======
1 ARTICLE 2
2 RELATING TO STATE AID
3 SECTION 1. Sections 45-13.2-4 and 45-13.2-6 of the General Laws in Chapter 45-13.2
4 entitled "Municipal Incentive
Aid" is hereby amended to
read as follows:
5 45-13.2-4. State Aid Incentive Program appropriated. –
There are hereby
appropriated
6 funds for a state aid program entitled "Municipal Incentive Aid Program." For fiscal year 2014,
7 fiscal year 2015 and fiscal year 2016, the amount of five million dollars ($5,000,000) shall be
8 appropriated., and an amount of ten
million dollars ($10,000.000)
will
be requested
for
9 appropriation for fiscal year 2015 and for fiscal year 2016. Municipal Incentive Aid shall be
10 administered
and managed by the division
of
municipal finance within
the
department of revenue.
11 45-13.2-6.
Distributions. -- (a) Municipal Incentive
Aid described in
this chapter shall be
12 distributed to eligible municipalities on the basis of the most recent population estimate for each
13 municipality as a share of the
total state population reported by
the U.S.
Department of
14 Commerce,
Bureau
of the
Census as of January 1 in
the year of the
payment. Such
payments shall
15 be made to
eligible communities in
March 2014, March
2015, and March 2016 of each year to the
16 extent that funds are appropriated.
17 (b) For fiscal year 2014, municipalities shall be eligible to receive aid under this chapter
18 if: (1) the municipality has no locally-administered pension; or (2) the municipality notified plan
19 participants, beneficiaries and others pursuant to chapter 45-65, and submitted to the state's
20 department of revenue a Funding
Improvement Plan ("FIP"), pursuant to section 45-65-6, for
21 every locally-administered pension plan in that municipality, and each FIP had been approved by
22 the plan sponsor and the local governing body no later than June 1, 2013; or (3) there existed a
23 locally-administered pension plan(s) in that municipality, but either: (i) no FIP was required
24 pursuant to chapter 45-65; or (ii) a FIP is required pursuant to chapter 45-65, but, the due date for
25 the FIP submission is
after the March
payment of state aid.
26 (c) For fiscal years year 2015 and 2016 and each fiscal year thereafter that municipal
27 incentive aid is distributed to eligible municipalities under this chapter, municipalities shall be
28 eligible to receive aid under this chapter, if: (1) the municipality has no locally-administered
29 pension;
or (2)
the municipality has transitioned all locally-administered
pension
plans into
30 MERS by June 30, 2014; or (3) the municipality had notified plan participants, beneficiaries and
1 others pursuant to chapter 45-65 and had submitted to the state's department of revenue a FIP,
2 pursuant to chapter 45-65, for every locally-administered pension plan and each submitted FIP
3 meets the guidelines of the Study
Commission on Locally-Administered Pension Plans created
4 pursuant to section 45-65-8 or otherwise applicable guidelines or regulations and each FIP has
5 been approved by the plan sponsor and the local governing body; or (4) the municipality has
6 implemented the original recommended FIP or an amended FIP pursuant to chapter 45-65 within
7 one month after the close of the fiscal year and made the required funding payment (formerly
8 referred to as Annually Required Contribution, or ARC) in compliance with the municipality's
9 adopted FIP(s) and the
funding guidelines established by the Pension Study Commission eighteen
10 (18) months after an actuary has certified that a locally administered plan is in critical status for a
11 plan year; and the FIPs are approved by the plan sponsor and the local governing body; or (5)
12 there existed a locally-administered pension plan in that municipality, but either: (i) no FIP was
13 required pursuant to chapter 45-65 and
either: (A) the municipality is funding one hundred
14 percent (100%) of its required funding payment; Annually Required Contribution (ARC) or (B)
15 the municipality has a funded ratio of one hundred percent (100%) or greater; or (ii) FIP is
16 required
pursuant
to chapter 45-65, however,
the due date
for
the FIP
submission or
17 implementation is
after the March payment of this municipal incentive
aid.
18 (d) In any fiscal year that a municipality does not receive an appropriation under this
19 chapter, the amount that would have been allocated to the municipality will be distributed in the
20 month of May
among the other eligible municipalities for that fiscal year, on the
basis
of
the most
21 recent population estimate for each municipality as a share of the total state population reported
22 by the U.S. Department of Commerce, Bureau of the Census. For fiscal year 2014, and in any
23 year thereafter that a municipality is not eligible to receive a distribution under this chapter, the
24 distribution that said
municipality would have received had it been eligible shall be
25 reappropriated to the immediately following fiscal year, at which time the amount reappropriated
26 shall be distributed
to said municipality
provided that
said
municipality
has
satisfied
the
27 eligibility requirements of both the prior fiscal year and the then current fiscal year. In the event
28 that said municipality fails to satisfy the eligibility requirements for the prior and the then current
29 fiscal year by the time that eligibility to receive distributions in the next fiscal year is determined,
30 then the amount that would have been distributed to the municipality for said prior year will be
31 distributed in the month of May among the municipalities that received a distribution in the prior
32 fiscal year, with the share to be received by each municipality calculated in the same manner as
1 Aid" is
hereby amended to read as follows:
2 45-13-5.1. General assembly appropriations in lieu of property tax from certain
3 exempt private and state properties. -- (a) In lieu of the amount of local real property tax on
4 real property owned by any private nonprofit institution of higher education, or any nonprofit
5 hospital facility, or
any state
owned
and
operated
hospital,
veterans'
residential
facility,
or
6 correctional facility occupied by more than one hundred (100) residents which may have been or
7 will be exempted from taxation by applicable state law, exclusive of any facility operated by the
8 federal government, the state of Rhode Island, or any of its subdivisions, the general assembly
9 shall annually appropriate for payment to the several cities and towns in which the property lies a
10 sum equal to twenty-seven percent (27%) of all tax that would have been collected had the
11 property been taxable.
12 (b) As used in this section, "private nonprofit institution of higher education" means any
13 institution engaged primarily in education beyond the high school level, the property of which is
14 exempt from property tax under any of the subdivisions, and "nonprofit hospital facility" means
15 any nonprofit hospital licensed by the state and which is used for the purpose of general medical,
16 surgical, or psychiatric care and treatment.
17 (c) The grant payable to any municipality under the provision of this section shall be
18 equal to twenty-seven percent (27%) of the property taxes which, except for any exemption to
19 any institution of higher education or general hospital facility, would have been paid with respect
20 to that exempt real property on the assessment list in the municipality for the assessment date of
21 December 31, 1986 and with respect to such
exempt real property appearing
on an assessment list
22 in the municipality on succeeding assessment dates. Provided however that the grant paid for the
23 fiscal year ending June 30, 2008 shall be based upon the assessment list in the municipality as of
24 December 31, 2004.
25 (d) The state budget offices shall include the amount of the annual grant in the state
26 budget for the
fiscal year commencing July 1, 1988 and
each fiscal year thereafter.
The amount of
27 the annual grant payable to each municipality in any year in accordance with this section shall be
28 reduced proportionately in the event that the total of the annual grants in any year exceeds the
29 amount appropriated that year for the purposes
of this section.
30 (e) Distribution of appropriations shall be made by the state on or before July 31 of 1988
31 and each July
31 thereafter,
and the payments may be counted as a receivable by
any city or town
32 for a fiscal year ending the preceding June
30.
33 (e) Distribution of appropriations shall be made by the state on July 31 in the year of
34 payment or on the date immediately
following
verified receipt of a municipality's assessment data
1 for the following fiscal year's payment,
whichever is later.
2 (f) Any act or omission by the state with respect to this chapter shall in no way diminish
3 the duty of any town or municipality to provide public safety or other ordinary services to the
4 properties or facilities of the
type
listed in
subsection (a).
5 (g) Provided, that payments authorized pursuant to this section shall be reduced pro rata,
6 for that period of time that the municipality suspends or reduces essential services to eligible
7 facilities. For the purposes of this section "essential services" include, but are not to be limited to,
8 police, fire
and rescue.
9 SECTION 3. This article shall take effect as of July 1, 2014 and section 1 of this article
10 shall apply retroactively to July 1,
2103.
1 ARTICLE 3
=======
art.003/3/003/2/003/1
=======
2 RELATING TO RESTRICTED RECEIPT ACCOUNTS
3 SECTION 1. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"
4 is hereby amended to read as follows:
5 35-4-27. Indirect
cost recoveries on restricted receipt accounts. – Indirect cost
6 recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt
7 accounts, to be recorded as general revenues in the general fund. However, there shall be no
8 transfer from cash receipts with restrictions received exclusively: (1) from contributions from
9 non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on
10 federal
grant
funds;
or (3)
through
transfers from state agencies
to the
department of
11 administration for the payment of debt service. These indirect cost recoveries shall be applied to
12 all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The
13 following restricted receipt accounts shall not be subject to the provisions of this section:
14 Executive Office of Health and
Human Services
15 Organ Transplant Fund
16 HIV Care Grant Drug Rebates
17 Department of Human
Services
18 Veterans' home –
Restricted account
19 Veterans' home –
Resident benefits
20 Pharmaceutical Rebates Account
21 Demand
Side Management Grants
22 Organ transplant fund
23 Veteran's Cemetery Memorial Fund
24 Donations- New
Veterans' Home
Construction
25 Department of Health
26 Providence Water Lead
Grant
27 Pandemic
medications and equipment account
28 Department of Behavioral Healthcare,
Developmental Disabilities and
Hospitals
29 Eleanor Slater non-Medicaid
third-party payor account
30 Hospital Medicare Part D Receipts
1 RICLAS
Group
Home
Operations
2 Commission on the
Deaf
and Hard of Hearing
3 Emergency and
public communication
access
account
4 Department of Environmental Management
5 National heritage
revolving fund
6 Environmental response
fund
II
7 Underground storage tanks
registration fees
8 Rhode Island Historical Preservation
and Heritage
Commission
9 Historic
preservation revolving loan fund
10 Historic
Preservation loan fund – Interest revenue
11 Department of Public Safety
12 Forfeited
property – Retained
13 Forfeitures – Federal
14 Forfeited
property – Gambling
15 Donation – Polygraph and
Law Enforcement Training
16 Rhode Island State Firefighter's
League Training Account
17 Fire Academy Training Fees Account
18 Attorney General
19 Forfeiture of property
20 Federal forfeitures
21 Attorney General multi-state
account
22 Forfeited
property – Gambling
23 Department of Administration
24 Office of Management and Budget
25 Information Technology Investment Fund
26 Restore
and replacement – Insurance
coverage
27 Convention Center Authority rental payments
28 Investment Receipts – TANS
29 Car Rental Tax/Surcharge-Warwick Share
30 Housing Resources
Commission
Restricted
Account
31 Legislature
32 Audit of federal assisted programs
33 Department of Children, Youth and
Families
34 Children's Trust Accounts – SSI
1 Military Staff
2 RI Military Family Relief Fund
3 RI National Guard Counterdrug Program
4 Treasury
5 Admin. Expenses
– State Retirement System
6 Retirement – Treasury Investment Options
7 Violent Crimes Compensation –
Refunds
8 Treasury Research Fellowship
9 Business Regulation
10 Banking Division Reimbursement Account
11 Office of the Health Insurance Commissioner Reimbursement Account
12 Securities Division Reimbursement Account
13 Commercial Licensing and Racing and
Athletics Division Reimbursement Account
14 Insurance
Division
Reimbursement Account
15 Historic
Preservation Tax Credit Account
16 Judiciary
17 Arbitration
Fund Restricted Receipt Account
18 Third Party Grants
19 Department of Elementary and
Secondary Education
20 Statewide Student Transportation
Services Account
21 School for the Deaf Fee for Service Account
22 Davies Career and Technical School Local Education Aid
Account
23 Department of Labor and Training
24 Job
Development Fund – Title XII loans principal and interest
25 Department of Transportation
26 Rhode Island Highway Maintenance Account
27 SECTION 2. Section 30-24-6 of the General Laws in Chapter 30-24 entitled "Rhode
28 Island
Veterans' Home" is hereby amended to
read
as
follows:
29 30-24-6.
Acceptance of gifts – Veterans' home
restricted account. – (a) The director of
30 human services is hereby authorized and empowered to take and receive in the name of the state
31 any grant, devise, gift, or bequest of real or personal property that may be made for the use and
32 benefit of the Rhode Island veterans' home or the residents or purposes thereof. All money so
33 received, and all money received under the provisions of §§ 30-24-9 and 30-24-10, shall be paid
34 over to the
general treasurer and shall be
kept
by him or her as a restricted account to
be known as
1 the "veterans' home restricted account". Use of the "veterans' home restricted account" funds may
2 only be made upon prior approval of the house of representatives' finance committee and senate
3 finance committee. The director may sell and dispose of any real or personal property received
4 under this section, and any property received under § 30-24-9, and the proceeds of the sale shall
5 be paid over to the general treasurer to be made a part of the restricted account. The restricted
6 account shall be used for the improvement of social, recreational, and educational programs,
7 including the purchase of educational and recreational supplies and equipment for the welfare of
8 members and for operational expenses and capital improvements at the veterans' home and
9 veterans' cemetery,
as deemed
necessary by the director of human
services.
10 (b) [Deleted by P.L. 1999,
ch. 11, section 5.]
11 (c) Notwithstanding the provisions of subsection (a) of this section, there is hereby
12 established a restricted receipt account within the general fund of the state for the sole purpose of
13 the collection and disbursement of any grant, devise, gift, or bequest of real or personal property
14 that may be made for the use and benefit of the design, construction, and furnishing of a new
15 Rhode Island veterans home in Bristol. This account shall be known as "donations- new veterans'
16 home construction".
17 SECTION 3. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human
18 Services" is
hereby amended by adding thereto the following section:
19 42-7.2-19. HIV Care Grant rebate account. –
(a) There is hereby created within the
20 executive office of health and human services a restricted
receipt account to be known as the HIV
21 Care Grant rebate account to receive and expend pharmaceutical rebates on HIV treatment and
22 prevention
services.
23 (b) All amounts deposited in the HIV Care Grant rebate account on or after July 1, 2014,
24 shall be exempt from the
indirect cost recovery provisions
of § 35-4-27.
25 SECTION
4. This article shall take
effect as of January 1,
2014.
=======
art.004/7/004/6/004/5/004/4/004/3/004/2/004/1
=======
1 ARTICLE 4
2 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
3 SECTION 1. This article consists of joint resolutions that are submitted pursuant to
4 Rhode Island General Laws § 35-18-1,
et seq.
5 SECTION
2 Garrahy Courthouse Parking Project.
6 WHEREAS, given the prime geographic location of the Garrahy Courthouse surface
7 parking lot site and its current limitations to adequately serve the Courthouse and surrounding
8 buildings; and
9 WHEREAS, given the results of the Garrahy Courthouse Parking Garage Conceptual
10 Analysis presented to a Special Legislative Commission for the Garrahy Parking Garage in
11 January, 2014 which identifies development of the current site into a multi-level parking garage
12 as a way to alleviate parking demand in
the area and to spur economic activity; and
13 WHEREAS, the
I-195
Redevelopment
District Commission
(“Commission”)
has
the
14 principal responsibility for developing the surplus land from the relocation of Interstate 195 (“the
15 Link”) to promote
economic
development through the best use of nearby freed-up
parcels; and
16 WHEREAS, the Commission has indicated that adequate structured parking is essential
17 to the development of the Link and that authorization for construction of a garage will assist it in
18 attracting interest in
parcels of land; and
19 WHEREAS,
the State would enter
into an
agreement
with
the Convention
Center
20 Authority to develop, construct and operate a garage on the Garrahy Courthouse parking lot site;
21 and
22 WHEREAS, the project costs associated with the construction of a garage is estimated at
23 forty-five million dollars ($45,000,000) based on industry guidelines of $31,250 per parking
24 space for 1,250 spaces, plus costs for build out of retail space on the first floor and costs
25 associated with the financing. Debt service payments on the bonds are not expected to exceed
26 seventy-eight million five hundred thousand dollars ($78,500,000) in the aggregate based on an
27 average interest rate of six percent (6.0%), with annual debt service payments expected to be
28 approximately three
million,
nine hundred twenty-five
thousand dollars ($3,925,000)
over a
29 twenty (20) year term, now,
therefore be
it
30 RESOLVED, that the State is authorized to effectuate the development of the garage, to
1 lease
or
sell
the surface
lot adjacent to
the Garrahy Courthouse
to the
Convention
Center
2 Authority, to enter into a long-term parking lease for court employees and other state employees,
3 as appropriate, and to enter into appropriate agreements including financing arrangements that
4 would permit the development and operation of the garage by the Convention Center Authority;
5 and be it further
6 RESOLVED, that no debt shall be issued by the Convention Center Authority until such
7 time that the Commission certifies to the State and the Authority that it has entered into at least
8 three (3) purchase and
sale
agreements for parcels of land under its control, excluding
parcels 6, 8
9 and 9; and be
it
further
10 RESOLVED, that the Department of Administration may advance from the Rhode Island
11 Capital Plan Fund (“Fund”) an amount not to exceed five hundred thousand dollars ($500,000)
12 for preliminary architectural and engineering work on the planned garage, the sum of which shall
13 be repaid to the Fund upon issuance of the debt by the Convention Center Authority, and be it
14 further
15 RESOLVED,
that
the
general assembly hereby
authorizes the
Convention
Center
16 Authority to issue debt in accordance with its authority under Chapter 42-99 of the General Laws
17 in an amount not to exceed forty-five million dollars ($45,000,000) to finance the construction of
18 a parking garage at the current site of the Garrahy surface parking lot providing approximately
19 1,250 parking spaces and 13,800 square feet of retail space
on the ground level; and further
20 RESOLVED, that this Joint Resolution shall take effect immediately upon its passage by
21 this
General Assembly; and further
22 RESOLVED, that this Resolution shall apply to debt issued within five (5) years of the
23 date of passage of this
Resolution.
24 SECTION 3. Rhode Island Airport Corporation.
25 WHEREAS, the Rhode Island Commerce Corporation is a public instrumentality of the
26 State of Rhode Island (the "State"), created by the General Assembly pursuant to Rhode Island
27 General Laws §§
42-64-1
et seq. (as enacted,
reenacted and
amended, the "Act"); and
28 WHEREAS, the Act declares, in part, that new industrial, manufacturing, recreational,
29 and commercial facilities are required to attract and house new industries and thereby reduce the
30 hazards of unemployment; and that unaided efforts of private enterprises have not met and cannot
31 meet the needs of providing those facilities due to problems encountered in assembling suitable
32 building sites, lack of adequate public service, unavailability of private capital for development,
33 and the inability of private enterprise
alone
to plan,
finance, and coordinate industrial,
34 recreational, and commercial development; and
1 WHEREAS, the Act further declares it to be the public policy of the state to furnish
2 proper and adequate airport facilities within the state and to encourage the integration of these
3 facilities so far as practicable; and
4 WHEREAS, in furtherance of these goals, it is the policy of the state to retain existing
5 industries
and
to induce, encourage
and
attract new industries
through the
acquisition,
6 construction,
reconstruction
and
rehabilitation
of
industrial,
manufacturing, recreational,
and
7 commercial facilities, as well as transportation, residential, environmental, utility, public service,
8 institutional and civic and community facilities, and to develop sites for such facilities; and
9 WHEREAS,
the Act has
empowered the Rhode Island Commerce Corporation
to
10 establish subsidiary corporations to exercise its powers and functions, or any of them, and,
11 pursuant to such power, the Rhode Island Commerce Corporation has established the Rhode
12 Island Airport Corporation to plan, develop, construct, finance, manage, and operate airport
13 facilities in the state; and
14 WHEREAS, the Act provides that the Rhode Island Airport Corporation shall have the
15 power to
purchase,
take,
receive,
lease
or
otherwise
acquire,
own, hold,
improve,
use
and
16 otherwise deal in and with, real or personal property, or any interest therein, wherever situated;
17 and
18 WHEREAS, the Act also provides that the Rhode Island Airport Corporation shall have
19 the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any
20 project,
(or
in the case of a sale, to
accept a purchase money mortgage in connection
therewith) or
21 to grant options for any such purposes with respect to any real or personal property or interest
22 therein, all of the foregoing for such consideration as the Rhode Island Airport Corporation shall
23 determine. Any lease by the Rhode Island Airport Corporation to another party may be for such
24 part of the Rhode Island Airport Corporation's property, real or personal, for such period, upon
25 such terms or conditions, with or without an option on
the
part of the lessee
to purchase any
or all
26 of the leased property for such consideration,
at or after the retirement
of all indebtedness
27 incurred by the Rhode Island Airport Corporation on account thereof, as the Rhode Island Airport
28 Corporation shall determine; and
29 WHEREAS, the Act authorizes the Rhode Island Commerce
Corporation to borrow
30 money and issue bonds for any of its
corporate
purposes; and
31 WHEREAS, pursuant to Rhode Island General Laws Sections 35-18-3 and 35-18-4, the
32 Rhode Island Commerce Corporation has requested the approval of the General Assembly of the
33 Rhode Island Commerce Corporation's issuance of airport revenue bonds (the "Bonds") for the
34 purpose of providing funds to the Rhode Island Airport Corporation for financing the various
1 capital projects
including by way
of
example
and
not
limitation
runway and taxiway
2 improvements and
facility
developments
on
the premises, the provision of architectural,
3 engineering, surveying, construction management and other professional services necessary or
4 appropriate therefore, funding capitalized interest, costs of issuing the Bonds and related costs,
5 and the establishment of reserves for the project and the Bonds, including a debt service reserve
6 fund (the "Airport Project"); and
7 WHEREAS, the financing of the Airport Project will be accomplished through one or
8 more loan agreements having the Rhode Island Airport Corporation as borrower, such agreement
9 or agreements to require that the Rhode Island Airport Corporation make loan payments in an
10 amount equal to the debt service on the
Bonds.
11 RESOLVED,
the General
Assembly
hereby approves
the Rhode
Island
Commerce
12 Corporation's issuance of the Bonds (as defined below) and notes in anticipation thereof. The
13 Bonds will be special obligations of the
Rhode Island Commerce Corporation
payable exclusively
14 from loan repayments under a loan agreement with the Rhode Island Airport Corporation and
15 from Bond proceeds, funds, accounts, and properties and the proceeds thereof pledged therefor,
16 and thus the Rhode Island Commerce Corporation's maximum liability will be limited to loan
17 repayments received under the loan agreement and the aggregate amount of such other funds,
18 accounts, properties, and
proceeds.
19 RESOLVED,
that the total amount of debt approved
to
be issued in the aggregate shall be
20 limited to not more than $60,000,000 (the "Bonds"). Total debt service on the Bonds is not
21 expected to exceed approximately $4,600,000 annually and approximately $135,000,000
in the
22 aggregate
based on anticipated
level annual payments,
an estimated
average interest rate of 6.25%
23 and a maturity of 30
years.
24 RESOLVED,
the General Assembly hereby
approves
the Rhode
Island
Airport
25 Corporation's
entering
into
the loan agreements described above. Payments
under
the
loan
26 agreements shall be derived exclusively from project revenues and such other proceeds, funds,
27 accounts, projects and the proceeds thereof as the Rhode Island Airport Corporation may pledge
28 therefor.
29 RESOLVED,
the Bonds
or
the
amounts
due under the loan agreements
shall
not
30 constitute indebtedness of the State or a debt for which the full faith and credit of the State is
31 pledged
or
a moral obligation
thereof.
32 RESOLVED, that this resolution shall apply to debt issued within two (2) years of the
1 WHEREAS, the Rhode Island Depositors Economic Protection Corporation ("DEPCO"),
2 was created by the General Assembly pursuant to the Rhode Island General Laws § 42-116-1 et
3 seq.; and
4 WHEREAS,
all of the
remaining
outstanding DEPCO
Bonds have
been
defeased
5 pursuant to
various escrow agreements; and
6 WHEREAS, because of declines m interest rates, certain of the remaining outstanding
7 DEPCO Bonds can
be called and refunded
with savings accruing to
the
State; and
8 WHEREAS, DEPCO can no longer issue refunding bonds since it was dissolved and
9 terminated
pursuant to the provisions
of
Rhode Island General Laws §
42-116-25; and
10 WHEREAS,
the Rhode
Island
Refunding Bond
Authority
(the
"Refunding Bond
11 Authority") was created by the General Assembly pursuant to Rhode Island General Laws § 35-
12 8.1-1 et seq., initially to authorize the refunding of certain State General Obligation Bonds that
13 could not otherwise be refunded without a new
referendum; and
14 WHEREAS, the General Assembly desires to authorize the Refunding Bond Authority to
15 refund certain DEPCO Bonds in order to accrue the benefits of savings to the State, now,
16 therefore, be
it
17 RESOLVED, the
General Assembly approves
the
issuance of up to $35,000,000
in
18 Bonds by
the Refunding Bond
Authority (the "Bonds") to refund a portion of DEPCO's remaining
19 outstanding $138,835,000 Rhode Island Economic Protection Corporation Special Obligation
20 Refunding Bonds, 1992 Series B, and the Refunding Bond Authority is authorized to proceed
21 with the financing, provided that payment of the debt service on the Bonds shall be fully secured
22 by non-callable direct obligations of the United States of America, or non-callable obligations
23 fully guaranteed as
to
principal and interest by the
United States of America,
and
24 RESOLVED, savings accruing
from
the refunding shall be transferred to
and shall vest in
25 the State's sinking fund established under Rhode Island General Laws § 35-8-1 et seq. and as
26 provided in Rhode Island General Laws § 42-116-25,
and
27 RESOLVED, the Governor is authorized to enter into agreements with the Refunding
28 Bond Authority
to effectuate the savings to
the
State. None of such agreements or the Bonds shall
29 constitute indebtedness of the State or a debt for which the full faith and credit of the State is
30 pledged
or
a moral obligation
thereof, and
31 RESOLVED, that this joint resolution shall take effect immediately upon passage by the
32 general assembly.
1 35-8.1-8. General powers. -- To carry out the purposes of this chapter, the authority has
2 the power to:
3 (1) Sue and be
sued;
4 (2) Adopt and
have an official seal and alter the seal at its
pleasure;
5 (3) Make and alter bylaws, rules, and regulations for the conduct of its affairs and
6 business;
7 (4) Maintain an office at such
place or places within
the
state as it may determine;
8 (5) Acquire,
hold, use, and dispose of its revenue income,
funds, and moneys;
9 (6) Acquire, purchase, hold, and use any property, real, personal or mixed, tangible or
10 intangible, or any interest therein necessary or desirable for carrying out the purposes of the
11 authority, and to mortgage, lease, or sell any of the property; and (without limitation of the
12 foregoing) to lease as lessee, any property, real, personal, or mixed, or any interest therein to
13 lease as lessor to the federal government, the state, and any municipality any project of the
14 authority, and to sell, transfer, and convey to any lessee or to any other person upon such terms
15 and conditions
and
for such considerations as the authority shall determine.
16 (7) Borrow money, issue its bonds, provide for and secure the payment thereof, and
17 provide for the rights of the holders thereof,
and purchase, hold, and
dispose of any of its bonds;
18 (8) Lend money for its purposes,
invest and reinvest its funds, and, at
its option, take and
19 hold property, real or personal, as security for the payment of funds so loaned and invested,
20 except that at no time will the authority take and hold property of the state as security for the
21 payment of funds so loaned;
22 (9) Accept, in furtherance of its purposes, appropriations, gifts, or grants of property,
23 funds, money, materials, labor, supplies, or services from the United States of America or the
24 state or any other state or agencies or departments thereof, or from any governmental unit or any
25 person, firm, or corporation, and to carry out the terms or provisions or make agreements with
26 respect to those appropriations, gifts, or grants, and to do any and all things necessary, useful,
27 desirable, or convenient in connection with the procurement, acceptance, or disposition of those
28 appropriations, gifts,
or grants;
29 (10) Do and perform any
acts and things authorized by
this chapter under,
through, or by
30 means of
its officers or consultants
or
by contracts
with any person,
firm, or corporation;
31 (11) Make, enter into, and enforce all contracts or agreements necessary, convenient, or
32 desirable for
the purposes of the authority or
pertaining to
any loan to the state
or to the
33 performance of its duties and
execution or carrying out of any of its powers under this
chapter;
1 enhancement arrangements with financial institutions
as the authority shall deem advisable;
2 (13) Invest any funds or moneys of the authority in the same manner as permitted for
3 investment of funds
belonging to
the
state or held in
the
state treasury; and
4 (14) Do all acts and things necessary, convenient, or desirable to carry out the powers
5 expressly granted or necessarily implied in
this chapter;
6 (15) Acquire by purchase, lease, or otherwise, and to construct, improve, equip, furnish,
7 maintain, repair, and operate projects, and to establish rules and regulations for the use of any
8 project;
9 (16) Rent such space in such public facilities as from time to time may not be needed by
10 any governmental entity to any person for such other purposes as the authority may determine
11 and upon such terms and
in
such manner as the
authority
may
determine;
12 (17) Employ,
in its discretion, planning, architectural,
or engineering
consultants,
13 attorneys, accountants, construction, and financial experts, superintendents, managers, and such
14 other officers, employees and agents as may be necessary in its judgment, and to fix their
15 compensation;
16 (18) Fix and revise from time to time, subject to the provisions of this chapter, and to
17 charge and collect fees, rentals, and other charges for the use of the facilities of, or for the
18 services rendered by, the authority or projects thereof, at rates to be determined by the authority,
19 for the purpose of providing for the payment of the expenses of the authority, the acquisition,
20 construction,
improvement,
repair, equipping, furnishing,
maintenance,
and operation
of
its
21 facilities and properties, the payment of the principal of and interest on its obligations, and to
22 fulfill the terms and provisions of any agreements made with the purchasers or holders of any
23 obligations;
24 (19) Without limitation of the foregoing, to borrow money from, to receive, and accept
25 grants for or in aid of construction or acquisition of projects authorized under this chapter from,
26 and to enter into contracts, leases, or other transactions with, any federal agency; and to receive
27 and accept from the state or any municipality, and from any other source, aid or contributions of
28 either money, property, labor, or other things of value, to be held, used, and applied only for the
29 purposes for which the
grants
and
contributions may be made;
30 (20) Combine for financing purposes any two (2) or more projects authorized to be
31 acquired or constructed
under the provisions
of
this chapter;
32 (21) Be a promoter, partner, member, owner, associate, or manager of any partnership,
33 condominium,
or other enterprise or venture;
34 (22) Acquire in the name of the authority by purchase or otherwise, on such terms and
1 conditions and in such manner as it may deem proper, or by the exercise of the rights of
2 condemnation in the manner hereinafter provided, such public or private lands, including public
3 parks, playgrounds, or reservations, or parts thereof or rights therein, rights of way, property,
4 rights, easements, and interests as it may deem necessary
for carrying out the provisions of this
5 chapter; provided, however, that all public property damaged in carrying out the powers granted
6 by this chapter shall be restored or repaired and placed in its original condition as nearly as
7 practicable.
8 (23)(i) Issue bonds and notes of the type and for those projects and for those purposes
9 specified in any Joint Resolution of the general assembly enacted by the Rhode Island house of
10 representatives and the Rhode Island senate pursuant to section 18 of title 35 of the general laws
11 entitled "Rhode Island Public Corporation Debt Management Act,"
which project and purposes
12 specified in such Joint Resolution shall constitute a "project"
within the meaning of this chapter;
13 and
14 (ii) To enter into such agreements, to deliver such instruments, and to take such other
15 actions as it shall deem necessary or desirable
to effectuate the financing of such project.
16 SECTION 6. (a) The Tobacco Settlement Financing Corporation (the "Corporation"),
17 which was established pursuant to Rhode Island general laws chapter 42-133 (as amended and
18 supplemented, the
"Tobacco
Settlement Financing Corporation
Act"), is
authorized
to raise
19 additional money pursuant to the Tobacco Settlement Financing Corporation Act through the
20 issuance of its bonds
and
to apply net bond
proceeds:
21 (i) For payment to the state of Rhode Island in an amount at least equal to twenty million
22 dollars ($20,000,000);
23 (ii) For payment of the redemption price and/or the tender price of outstanding bonds of
24 the Corporation that are
to
be retired; and
25 (iii) To establish reserves to secure the bonds, and pay the costs of issuance of the bonds
26 and all other
expenditures
of
the
Corporation incident
to and necessary to
carry out the
27 Corporation's
purposes and powers.
28 (b) To implement and effectuate the purposes of this act, the Governor, acting by and
29 through state general officers, state departments,
agencies
and
the Corporation, is
hereby
30 authorized and empowered to:
31 (1) Effectuate a transaction
pursuant
to the provisions
of
the
Tobacco Settlement
32 Financing Corporation Act, which authorizes and governs the issuance of Bonds, as such term is
1 (2) Cooperate with the Corporation in the amendment of existing bond documentation,
2 which
actions by the
Corporation are hereby authorized in order to carry out
the purposes
3 described in this act, including facilitation of payment to the state of amounts in one or more
4 installments, as a current payment of the state's residual interest in and to the "state's tobacco
5 receipts", as
such term is defined
in the Tobacco
Settlement Financing Corporation Act, including
6 disputed amounts
withheld from payment to the state and
subsequently released to the
state;
7 (3) Distribute the proceeds of amounts payable to the state pursuant to this act, provided
8 that
the
allocation of funds shall be made
by the
general
assembly pursuant to the
annual
9 appropriation
process; and
10 (4) Take such additional actions, or enter into such additional agreements, as may be
11 necessary or desirable to effectuate the purposes of this act.
12 (c) The Tobacco Settlement Financing Trust, a fund established pursuant to section 42-
13 133-9, shall receive all amounts
payable to the state pursuant to this act.
14 SECTION 7. The Corporation shall make the following transfers from the Tobacco
15 Settlement Financing Trust:
16 (1) Five million dollars ($5,000,000) to the state general fund;
17 (2) Five million dollars ($5,000,000) to the municipal road and bridge revolving fund,
18 established pursuant to
§ 24-18-4 of the
Rhode Island general laws; and
19 (3) All remaining net bond proceeds to the information technology investment fund,
20 established pursuant to
§ 42-11-2.5 of
the Rhode Island
general laws.
21 SECTION 8. Nursing Education Center for the University of Rhode Island College of
22 Nursing and the Rhode Island College School
of Nursing in the South Street Power Station
23 Building (also referred to
within
as South Street Landing).
24 WHEREAS, the University of Rhode Island (the "University") and Rhode Island College
25 (the "College") offer undergraduate, graduate, and certificate academic programs in Nursing
26 through the University's College of Nursing and the College's School of Nursing with teaching,
27 research, and outreach that benefits students seeking exceptional education and training in the
28 nursing profession, as well as Rhode Island medical institutions and patient care settings where
29 nurses
practice; and
30 WHEREAS,
the Board of Governors for Higher
Education
supported a Nursing
31 Education
Center, to
be
shared
by
the
University
and
the College,
in the
Board's Capital
32 Improvement Program in
FY 2010; and
1 requirements, specific sites, and comparative development methods for the project, resulting in
2 the completion of the "Feasibility Study for a Rhode Island Nursing Education Center" in May
3 2011; and
4 WHEREAS, in that study, the University and the College examined both the Nursing
5 program needs to educate and train an increasing number of nurses to fulfill the future workforce
6 needs of the State and the conceptual design of a shared facility, including the availability of
7 technology rich, simulation-based instructional settings, preferably offering a "Smart Hospital"
8 configuration,
for upper
class
undergraduate
and graduate nursing education
in the
former
9 Jewelry District in downtown Providence, Rhode Island. This would meet those needs as an
10 alternative to
two
independent projects
to renovate
and
expand existing
buildings
for the
11 University's College of Nursing and the College's School of Nursing, proposed by both programs
12 independently in FY 2010 on their respective main campuses in Kingston, Rhode Island and in
13 Providence, Rhode
Island; and
14 WHEREAS, the location within the former Jewelry District was well supported for its
15 opportunities for collaboration and economic growth with proximity to the State's major medical
16 and hospital facilities, higher education institutions, access to multiple transportation modes, and
17 the State's and the City of Providence's desire to see development and business activity expand in
18 the area; and
19 WHEREAS, during the 2013 General Assembly Session, an opportunity emerged for the
20 realization of the Nursing Education Center in a co-tenancy with Brown University as part of a
21 private developer lease project, led by Commonwealth Ventures of Boston, Massachusetts, for
22 the former South Street Power Station Building in the core of the former Jewelry District.
23 Nonbinding resolutions were issued individually by the House and the Senate during the 2013
24 Legislative Session, encouraging and supporting the efforts of the Board of Education and the
25 Department of Administration to locate a Nursing Education Center at the South Street Power
26 Station Building in
Providence; and
27 WHEREAS, the University, the College, and the Board of Education, together with the
28 Department
of
Administration,
have worked
as a collective
team in
the evaluation
of the
29 planning, design, and structure of the developer's project, and in negotiation of the financial and
30 legal terms
of the Lease Agreement; and
31 WHEREAS,
the team, utilizing five hundred thousand dollars
($500,000) in
Rhode Island
32 Capital Plan Fund financing, dedicated for professional services support to the Nursing
Education
33 Center in the budget for FY 2014, has been supported by legal counsel, an owners' agent project
1 WHEREAS,
the team
and
its
consultants have conducted its planning,
design and
2 negotiating in consultation with Brown
University; and
3 WHEREAS,
at
a
meeting
duly noticed on
March 11, 2014,
the State Properties
4 Committee provided approval to negotiate a lease for the Nursing Education Center at the former
5 South Street Power Station Building; and
6 WHEREAS, the Department of Administration has proposed a Lease (the "Proposed
7 Lease Agreement"), with a term of fifteen (15) years, with an option to extend the lease for a
8 period not to exceed two (2) years, for approximately one hundred thirty two thousand four
9 hundred forty-nine (132,449) square feet of space on the first, second, and a portion of the third
10 floor of the planned renovated and expanded former South Street Power Station Building for the
11 Nursing Education Center. The term of the Lease Agreement is anticipated to begin on July 1,
12 2016; and
13 WHEREAS, the Proposed Lease Agreement would require the Board of Education to
14 pay:
15 (1) Base Rent for the proportionate share of the core building design, renovation and
16 construction expenses of fourteen dollars ($14.00) per square foot, or one million eight hundred
17 fifty five
thousand dollars ($1,855,000) annually during the first five (5) years
of
the lease term;
18 (2) Tenant Improvement Rent for the anticipated cost of developer financing, design, and
19 construction of the Nursing Education Center space, presently estimated at eighteen dollars and
20 eighty-one cents ($18.81) per square foot per year, or an average of two million four hundred
21 ninety one thousand dollars ($2,491,000) annually for each year of the lease term, the exact
22 amount to
be determined in accordance with a formula in
the Lease Agreement; and
23 (3) Additional Rent
for the
proportionate
share
of the
actual building operating,
24 maintenance, and metered utility expenses, estimated at twelve dollars and seventy-five cents
25 ($12.75) per square foot, or one million
six hundred eighty
nine
thousand dollars
($1,689,000) for
26 the first year following the commencement of occupancy; and
27 WHEREAS, the Base Rent under the Proposed Lease Agreement would increase to
28 fifteen dollars and twelve cents ($15.12) per square foot in years six (6) through ten (10), sixteen
29 dollars and thirty-three cents ($16.33) per square foot for years eleven (11) through fifteen (15),
30 and seventeen dollars and fifteen cents ($17.15) during the Option Period. During the Option
31 Period, the Tenant Improvement Rent would be reduced to zero dollars ($0.00). The Operating
32 Expense Rent and metered utilities would be adjusted annually, based on a reconciliation of
33 estimated costs and actual costs; and
34 WHEREAS, the Proposed Lease Agreement provides that, during lease year six (6) and
1 after the end of lease year twelve (12), the Board of Education would have an option to purchase,
2 as a condominium unit, that portion of the building leased for the Nursing Education Center,
3 exercise of such option and the financing thereof subject to
General Assembly approval; and
4 WHEREAS, the State shall be responsible for paying the Base Rent and the Tenant
5 Improvement
Rent,
and
the Board of Education
shall
fairly apportion
the Additional
Rent
6 between the University and
the College; and
7 WHEREAS,
the Proposed Lease Agreement provides that no rent is payable until:
8 (1) the renovation and construction of the
South
Street Landing Project is completed;
9 (2) the developer has secured a certificate of occupancy for the Building, including
10 specifically the
Nursing Education
Center space; and
11 (3) the Nursing Education Center space is determined to be completed according to the
12 project specifications and terms
of the
Proposed Lease Agreement; now, therefore,
be it
13 RESOLVED, that
this General Assembly hereby approves the
Proposed
Lease
14 Agreement for the Nursing Education Center for the space in the former South Street Power
15 Station Building for a term not to exceed seventeen (17) years and at a total cost not to exceed
16 thirty four million six hundred
forty-one thousand dollars ($34,641,000) for the Base Rent; and
an
17 amount not to exceed twenty-five million dollars ($25,000,000), plus the applicable interest and
18 financing costs for the Tenant Improvement Rent; and Additional Rent for the
proportionate share
19 of operating and
maintenance expenses and metered utilities; and
be it further
20 RESOLVED, that this Joint Resolution shall take effect upon passage by the General
21 Assembly; and
be it further
22 RESOLVED, that the Secretary of State is hereby authorized and directed to transmit
23 duly certified copies of this resolution to the Governor, the Chair of the Board of Education, the
24 Director of Administration, the
State
Budget
Officer, and the Chair
of the State Properties
25 Committee.
26 SECTION 9. Public Finance Debt Management Act Authorization for Alternative Direct
27 State Financing of the Cost of the Tenant Improvements for the Nursing Education Center as an
28 Alternative and Substitution for the Developer Financing Offered as part of the Lease Agreement.
29 WHEREAS, the
Department of Administration's Proposed Lease Agreement grants
to the
30 Board of Education the right to finance the Tenant Improvements itself, without availing itself of
31 the provision of developer financing as contemplated in the Proposed Lease Agreement, if such
32 an alternative method is determined to be advantageous and in the best interest of Board of
33 Education and the State; and
34 WHEREAS, the exercise of the
Board of Education's
option to
finance the
Tenant
1 Improvements will thereby eliminate Tenant Improvement Rent (encompassing construction and
2 design costs) during the term of the Proposed Lease Agreement, provided that the proceeds of
3 such financing are available to the developer no earlier than the rent commencement date in the
4 Proposed Lease Agreement which is when the renovation and construction of the South Street
5 Landing Project is completed and the developer has secured a certificate of occupancy for the
6 Building, including specifically the Nursing Education Center space, and the Nursing Education
7 Center space is determined to be completed according to the project specifications and terms of
8 the Proposed
Lease
Agreement and no later than six (6) months thereafter; and
9 WHEREAS, the alternative Tenant Improvement project costs to be financed for the
10 Nursing Education Center are
anticipated
not
to exceed twenty-five million dollars ($25,000,000),
11 plus costs
associated
with the
issuance o f such
financing; and
12 WHEREAS,
the term
of
such financing would not
exceed
fifteen (15) years, with
13 provisions made in the structure of the financing to permit early payment of the outstanding
14 amount of such financing, if the option to purchase in the Proposed Lease Agreement is approved
15 and executed during either of the two (2) time periods when such an option is exercisable under
16 the Lease Agreement; and
17 WHEREAS, because o f the use of Federal Historic Preservation Tax Credits applicable
18 to the Tenant Improvement work for the Nursing Education Center, taxable rate financing must
19 be employed at a rate
not
expected to exceed eight percent (8.0%); and
20 WHEREAS, the resulting annual debt service associated with the state financing of the
21 Nursing Education Center is expected not to exceed three million eight hundred three thousand
22 dollars ($3,803,000) annually
and
forty eight million two hundred four thousand
dollars
23 ($48,204,000) for the duration
of an
up to
fifteen (15) year term; now, therefore, be it
24 RESOLVED, that the General Assembly hereby approves alternative financing not to
25 exceed twenty-five million five hundred thousand dollars ($25,500,000), including twenty-five
26 million dollars ($25,000,000)
for the estimated
Tenant Improvement Project Costs and five
27 hundred
thousand
dollars ($500,000) for the estimated cost of financing; and be it further
28 RESOLVED, that this Joint Resolution shall take effect immediately upon its passage by
29 the General Assembly and shall be limited to
debt
issued prior to January 1, 2018.
30 SECTION 10. Public Finance Debt Management Act Authorization for the
31 lease/purchase of Equipment, Fixtures
and
Furnishings Associated with the
occupancy and
32 conduct of Nursing Education
Programs by the
University and the
College
in the
Nursing
33 Education
Center spaces in the South Street Landing Project.
34 WHEREAS, the University's College of Nursing and the College's Nursing School, and
1 personnel from both
institutions
who support networking and instructional technology
have
2 worked closely with the developer's architectural team on the complement and configuration of
3 the instructional, simulation, and practice lab configuration of spaces through the schematic
4 design
phase of the
Nursing Education Center facilities,
with
the objective
of
achieving
a
5 technology rich, realistic, high-caliber learning and training experience for nursing undergraduate
6 students, graduate students, and those practicing nurses seeking higher levels of certification and
7 training; and
8 WHEREAS,
the manner
in which the
facilities are
furnished and equipped
is an
9 extremely important aspect of assuring that the completed and
occupied Nursing Education
10 Center exceeds the educational and training expectations of students and faculty when it opens
11 and into the future with opportunities for expanded use by other higher education institutions,
12 hospitals, and medical institutions for medical students, pharmacy students, physician assistant
13 students, medical technician trainees, as well as nurses in a simulated "Smart Hospital" physician
14 offices,
and
home care settings; and
15 WHEREAS, the initial and continuing success of a teaching and learning center such as
16 this
is highly
dependent upon the quality and sophistication
of
the equipment, including
17 computerized mannequins, interactive audio/visual, realistic hospital beds with support systems,
18 and video recording systems to enable post training review and critique of experiential learning
19 experiences; fixtures; and furnishings that are acquired and deployed to outfit both the formal
20 teaching and simulation facilities, as well as the traditional classrooms, gathering, meeting and
21 faculty office spaces; and
22 WHEREAS, architects and consultants on the developer's design team focusing on the
23 Nursing Education
Center
have provided a detailed
inventory
and
pricing analysis
of the
24 equipment,
fixtures, and furnishings,
on
a
room-by-room basis,
recommended to
meet the
25 objectives of the shared
Nursing Education Center; and
26 WHEREAS,
the investment in
technology, equipment, fixtures and furnishings
is
27 projected to cost ten million fifty thousand dollars ($10,050,000) and the intent is to secure
28 lease/purchase financing
through the issuance
of certificates of participation in order to spread
the
29 cost of that investment over ten (10) fiscal years, at an anticipated non-taxable interest rate
30 estimated not to exceed seven percent (7.0%); and
31 WHEREAS, the resulting annual debt service associated with the state financing of the
32 technology,
equipment, fixtures and furnishing is
expected
not to
exceed
one
million
four
33 hundred ninety-seven thousand dollars ($1,497,000) annually and fourteen million nine hundred
34 fifty thousand
dollars
($14,950,000) for the
duration of the term of financing; now, therefore, be
1 RESOLVED, that the General Assembly
hereby approves lease/purchase financing not to
2 exceed ten
million
five
hundred thousand dollars ($10,500,000),
including ten
million
fifty
3 thousand dollars ($10,050,000) for the estimated cost of technology, equipment, fixtures and
4 furnishings and four hundred fifty thousand dollars
($450,000) for
the estimated
cost of
5 financing; and be
it
further
6 RESOLVED, that this Joint Resolution shall take effect immediately upon its passage by
7 the General Assembly and shall be limited to
debt
issued prior to January I ,
2018.
8 SECTION
11. This article
shall take
effect upon
passage.
1 ARTICLE 5
=======
art.005/3/005/2/005/1
=======
2 RELATING TO CAPITAL
DEVELOPMENT PROGRAM
3 SECTION 1. Proposition to be submitted to the people. -- At the general election to be
4 held on the Tuesday next after the first Monday in November 2014, there shall be submitted to
5 the people for their approval or rejection the following proposition:
6 "Shall the action of the general assembly, by an act passed at the January 2014 session,
7 authorizing the issuance of bonds, refunding bonds,
and temporary notes of the state for the
8 capital projects and in the amount with respect to each
such
project listed below be approved, and
9 the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the
10 provisions
of
said act?"
11 Project
12 (1) Higher Education Facilities $125,000,000
13 Approval of this question will allow the State of Rhode Island to issue general obligation
14 bonds, refunding bonds, and temporary notes in an amount not to exceed
one hundred twenty-five
15 million dollars ($125,000,000) to construct a new College of Engineering building and undertake
16 supporting renovations. The new building will anchor the northwest corner of the Engineering
17 Quadrangle on the Kingston Campus and provide contemporary and state-of-the-art instructional
18 and research facilities. As part of this project, outdated engineering buildings will be taken out of
19 service and razed.
20 (2) Creative and Cultural Economy $35,000,000
21 Approval of this question will authorize the State of Rhode Island to issue general
22 obligation bonds, refunding bonds,
and temporary notes in an amount not to exceed thirty-five
23 million dollars ($35,000,000) to fund capital preservation and renovation projects for public and
24 nonprofit artistic, performance centers, historic sites, museums and cultural art centers located
25 throughout the
State
of Rhode Island, to be allotted
as follows:
26 (a) Cultural Arts
and the
Economy Grant Program $30,000,000
27 Provide
funds for the
a
new
Cultural
Arts and the Economy
Grant
program to be
28 administered
by
the Rhode Island State Council on the
Arts for capital preservation and
29 renovation projects for public and nonprofit artistic, performance centers and cultural art centers
30 located throughout the State of Rhode
Island.
1 1.
Trinity Repertory Company $4,647,750
2 For the Lederer Theater and the Pell Chafee Performance Center, both in Providence,
3 used for performance facilities, educational instruction, production and administration, including
4 reimbursements of advances of up to
$1,500,000 expended for ongoing fire code upgrades.
5 2.
Rhode Island Philharmonic $2,390,250
6 For the Carter Center for Music Education and Performance in East Providence, used for
7 music
teaching,
learning,
performance and
administration.
8 3.
Newport Performing Arts Center $4,216,800
9 For
the Opera House in
Newport
for use as
a
multi-cultural performing
arts
and
10 educational facility.
11 4.
United Theater/Westerly Land Trust $2,369,440
12 For
the
United Theater in
Westerly
for
use
as
space for
performing
arts,
fine
arts
13 showcase, arts
instruction, cinema,
public television
station
and
program administration.
14 5.
The
Chorus
of
Westerly $1,054,200
15 For the George Kent Performance Hall in Westerly for music and arts performance,
16 teaching and rehearsal space, administrative
and community function space.
17 6.
The
Stadium Theater Conservatory in
Woonsocket $2,108,400
18 For
set construction,
costuming, rehearsal, voice,
acting
and
dance
studios
and
19 administrative
spaces.
20 7.
2nd Story Theater $1,054,200
21 For performance venues in Warren, including concessions studio/classroom space, set
22 construction
shop and administrative offices.
23 8.
AS220 $2,108,400
24 For AS220's facilities in downtown Providence used for performing arts, dance studio,
25 youth
and adult education, gallery and artist live/work space.
26 9.
WaterFire
Providence $3,162,600
27 To develop
a
27,000 square foot historic warehouse
in the Valley/Olneyville
28 neighborhood into its headquarters, multi-use community arts center, visitor center, education
29 center and arts
and
creative
industries
incubator
30 10.
Other funds to be allocated by RISCA $6,887,960
31 For 1:1 matching grants to be allocated by the Rhode Island State Council on the Arts to
32 501(c)(3) nonprofit cultural organizations which lease or own their performance space, and for
33 RISCA’s expenses in administering the program. In awarding such grants RISCA shall take into
34 account financial need, the availability or actual expenditure of matching funds for the projects,
1 available gifts or grants for projects, the amount square footage to be improved, the geographical
2 location
and characteristics of audiences benefitted.
3 (b) State
Preservation Grants Program $5,000,000
4 Provide funds to cities, towns and non-profit organizations to preserve, renovate and
5 improve public and nonprofit historic sites, museums, and cultural art centers located in historic
6 structures
in the
State of Rhode
Island
to be administered by the
Rhode Island Historical
7 Preservation
and Heritage
Commission.
8 (3) Mass Transit Hub Infrastructure $35,000,000
9 Approval of this question will allow the State of Rhode Island to issue general obligation
10 bonds, refunding bonds,
and temporary notes in an amount not to exceed thirty-five million
11 dollars ($35,000,000) to fund enhancements and renovations to mass transit hub infrastructure
12 throughout
the State of
Rhode Island to
improve
access to
multiple intermodal sites,
key
13 transportation, healthcare, and other locations.
14 (4) Clean Water, Open
Space, and Healthy Communities $53,000,000
15 Approval of this question will allow the State of Rhode Island to issue general obligation
16 bonds, refunding bonds,
and temporary notes in an amount not to exceed fifty-three million
17 dollars ($53,000,000) for environmental and recreational purposes, to
be allotted as follows:
18 (a) Brownfield Remediation and Economic
Development $5,000,000
19 Provides up to eighty percent (80%) matching grants to public, private, and/or non-profit
20 entities for brownfield remediation
projects.
21 (b) Flood
Prevention $3,000,000
22 To provide grants to public and/or non-profit entities for project design and construction
23 grants for repairing and/or removing dams, restoring and/or improving resiliency of vulnerable
24 coastal habitats,
and restoring rivers and stream floodplains.
25 (c) Farmland
Acquisition $3,000,000
26 Provides funds to protect the
state’s working farms.
27 (d) Local Recreation
Grants $4,000,000
28 Provides up to eighty percent (80%) matching grant funds to municipalities to acquire,
29 develop,
or rehabilitate
local recreational
facilities to
meet the
growing
needs for
active
30 recreational facilities.
31 (e) Roger Williams
Park
Zoo $15,000,000
32 Provides funds for improvements and
renovations to the Roger Williams
Park
Zoo.
33 (f) Roger Williams
Park $3,000,000
34 Provides funds for improvements and
renovations to the Roger Williams
Park.
1 (g) Clean Water Finance Agency $20,000,000
2 Provides funds to finance
water pollution abatement infrastructure
projects.
3 SECTION 2. Ballot labels and applicability of general election laws. -- The secretary
4 of state shall prepare and deliver to the state board of elections ballot labels for each of the
5 projects
provided
for in section
1 hereof with
the
designations "approve" or "reject"
provided next
6 to the description of each such project to enable voters to approve or reject each such proposition.
7 The general election
laws, so far as consistent herewith, shall apply to this
proposition.
8 SECTION 3. Approval
of projects by people. -- If a majority of the people voting on
9 the proposition provided for in section 1 hereof shall vote to approve the proposition as to any
10 project provided for in section 1 hereof, said project shall be deemed to be approved by the
11 people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be
12 limited to
the
aggregate amount for all such
projects as
set
forth in the proposition provided
for
in
13 section 1
hereof which has been
approved by the people.
14 SECTION 4. Bonds for capital development program. -- The general treasurer is
15 hereby authorized and empowered with the approval of the governor and in accordance with the
16 provisions of this act, to issue from time to time capital development bonds in serial form in the
17 name and on behalf of the state
in amounts
as may
be specified from time to time by the governor
18 in an aggregate principal amount not to exceed the total amount for all projects approved by the
19 people and designated as "capital development loan of 2014 bonds" provided, however, that the
20 aggregate
principal
amount
of such capital
development bonds and of any temporary notes
21 outstanding at any one time issued in anticipation thereof pursuant to section 7 hereof shall not
22 exceed the total amount for all such projects as have been approved by the people. All provisions
23 in this act relating to "bonds" shall also be
deemed
to apply to "refunding bonds".
24 Capital development
bonds
issued under
this
act shall be in
denominations of one
25 thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency
26 of the United States which at the time of payment shall be legal tender for public and private
27 debts. These capital development bonds shall bear such date or dates, mature at specified time or
28 times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in
29 which they are issued, bear interest payable semi-annually at a specified rate or different or
30 varying rates, be payable at designated time or times at specified place or places, be subject to
31 expressed terms of redemption or recall, with or without premium, be in a form, with or without
32 interest
coupons attached,
carry
such registration, conversion, reconversion, transfer, debt
33 retirement, acceleration and other provisions as may be fixed by the general treasurer, with the
34 approval of the governor, upon each issue of such capital development bonds at the time of each
1 issue. Whenever the governor shall approve the issuance of such capital development bonds, he
2 or she shall certify approval to the secretary of state; the bonds shall be signed by the general
3 treasurer and countersigned by the manual or facsimile signature of the secretary of state and
4 shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be
5 endorsed
on each bond so approved with a facsimile of his
or
her signature.
6 SECTION 5. Refunding bonds for 2014 capital development program. -- The general
7 treasurer is
hereby authorized and empowered,
with the
approval of the governor
and
in
8 accordance with the provisions of this act, to issue from time to time bonds to refund the 2014
9 capital development program bonds in the name and on behalf of the state, in amounts as may be
10 specified from time to time by the governor in an aggregate principal amount not to exceed the
11 total amount approved by the people, to be designated as "capital development program loan of
12 2014 refunding bonds" (hereinafter "refunding bonds").
13 The general treasurer with the approval of the governor shall fix the terms and form of
14 any refunding bonds issued under this act in the same manner as the capital development bonds
15 issued under this act, except that the refunding bonds may not mature more than twenty (20)
16 years
from the
date
of
original issue of the
capital development bonds being refunded.
17 The proceeds of the refunding bonds, exclusive of any premium and accrual interest and
18 net the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the
19 general treasurer immediately to the paying agent for the capital development bonds which are to
20 be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they
21 are applied to prepay the capital development bonds. While such proceeds are held in trust, they
22 may be invested for the benefit of the state in obligations of the United States of America or the
23 State
of Rhode
Island.
24 If the general treasurer shall deposit with the paying agent for the capital development
25 bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when
26 invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
27 principal, interest, and premium, if any, on the capital development bonds until these bonds are
28 called for prepayment, then such capital development bonds shall not be considered debts of the
29 State of Rhode Island for any purpose from the date of deposit of such moneys with the paying
30 agent. The refunding bonds shall continue to
be a
debt of the state
until paid.
31 The term "bond" shall include "note", and the term "refunding bonds" shall include
32 "refunding notes" when used
in
this act.
33 SECTION 6. Proceeds of capital development program. -- The general treasurer is
34 directed to deposit the proceeds from the sale of capital development bonds issued under this act,
1 exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond
2 insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
3 in special accounts (hereinafter cumulatively referred
to as "such capital
development bond
4 fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
5 have been approved by the people to be used for the purpose of paying the cost of all such
6 projects
so
approved.
7 All monies in the capital development bond fund shall be expended for the purposes
8 specified in the proposition provided
for
in section
1 hereof under the direction
and supervision of
9 the director of administration (hereinafter referred to as "director"). The director or his or her
10 designee shall be vested with all power and authority necessary or incidental to the purposes of
11 this act, including but not limited to, the following authority: (a) to acquire land or other real
12 property or any interest,
estate or
right therein
as may
be
necessary
or
advantageous
to
13 accomplish
the purposes of this act; (b) to direct payment for the preparation
of any
reports, plans
14 and specifications, and relocation expenses and other costs such as for furnishings, equipment
15 designing, inspecting and engineering, required in connection with the implementation of any
16 projects
set forth
in section 1 hereof;
(c)
to direct
payment for
the
costs
of
construction,
17 rehabilitation, enlargement, provision
of
service
utilities, and razing
of facilities, and other
18 improvements to land in connection with the implementation of any
projects set forth in section 1
19 hereof; and (d) to
direct payment for the cost of equipment,
supplies, devices, materials
and labor
20 for repair, renovation or conversion of systems and structures as necessary for 2014 capital
21 development program bonds or notes hereunder from the proceeds thereof. No funds shall be
22 expended in excess of the amount of the capital development bond fund designated for each
23 project authorized in
section 1 hereof. With respect to
the bonds and temporary notes described
in
24 section 1,
the
proceeds shall be used for the following purposes:
25 Question 1 relating to bonds in the amount of one hundred twenty-five million dollars
26 ($125,000,000) to be provided to the University of Rhode Island to construct a state-of-the-art
27 College of
Engineering building and for supporting renovations and
demolition of
outdated
28 engineering buildings at the University of Rhode Island Kingston
Campus.
29 Question
2 relating
to bonds in the
amount of thirty-five million dollars ($35,000,000) for
30 capital preservation and
renovation projects for public and non-profit
artistic, performance
31 centers,
historic sites,
museums and
cultural arts
centers
to be
allocated
as follows:
1 renovation projects for public and nonprofit artistic, performance centers and cultural art centers
2 located throughout the
State
of Rhode Island.
3 1.
Trinity Repertory Company $4,647,750
4 For the Lederer Theater and the Pell Chafee Performance Center, both in Providence,
5 used for performance facilities, educational instruction, production and administration, including
6 reimbursements of advances of up to
$1,500,000 expended for ongoing fire code upgrades.
7 2.
Rhode Island Philharmonic $2,390,250
8 For the Carter Center for Music Education and Performance in East Providence, used for
9 music
teaching,
learning,
performance and
administration.
10 3.
Newport Performing Arts
Center $4,216,800
11 For
the Opera House in
Newport
for use as
a
multi-cultural performing
arts
and
12 educational facility.
13 4.
United Theater/Westerly Land Trust $2,369,440
14 For
the
United Theater in
Westerly
for
use
as
space for
performing
arts,
fine
arts
15 showcase, arts
instruction, cinema,
public television
station
and program administration.
16 5.
The
Chorus
of
Westerly $1,054,200
17 For the George Kent Performance Hall in Westerly for music and arts performance,
18 teaching and rehearsal space, administrative
and community function space.
19 6.
The
Stadium Theater Conservatory in
Woonsocket $2,108,400
20 For
set construction,
costuming, rehearsal, voice,
acting
and
dance
studios
and
21 administrative
spaces.
22 7.
2nd Story Theater $1,054,200
23 For performance venues in Warren, including concessions studio/classroom space, set
24 construction
shop and administrative offices.
25 8.
AS220 $2,108,400
26 For AS220's facilities in downtown Providence used for performing arts, dance studio,
27 youth
and adult education, gallery and artist live/work space.
28 9.
WaterFire
Providence $3,162,600
29 To develop a
27,000 square foot historic warehouse
in the Valley/Olneyville
30 neighborhood into its headquarters, multi-use community arts center, visitor center, education
1 RISCA’s expenses in administering the program. In awarding such grants RISCA shall take into
2 account financial need, the availability or actual expenditure of matching funds for the projects,
3 available gifts or grants for projects, the amount square footage to be improved, the geographical
4 location
and characteristics of audiences benefitted.
5 (c) State
Preservation Grants
Program $5,000,000
6 Provide funds to cities, towns and non-profit organizations to preserve, renovate and
7 improve public and nonprofit historic sites, museums, and cultural art centers located in historic
8 structures
in the
State of Rhode
Island
to be administered by the
Rhode Island Historical
9 Preservation
and Heritage
Commission.
10 Question 3 relating to bonds in the amount of thirty-five million dollars ($35,000,000) to
11 be provided to
the Department of Transportation to
provide funding for
enhancements and
12 renovations to mass transit hub infrastructure throughout the State of Rhode Island to improve
13 access to multiple intermodal sites,
key
transportation, healthcare, and
other locations.
14 Question
4 relating
to bonds in the
amount of fifty-three million dollars ($53,000,000) for
15 Clean Water, Open
Space, and Healthy Communities programs
to be allocated as follows:
16 (a) Brownfield Remediation
for
Economic Development $5,000,000
17 Provides up to eighty percent (80%) matching grants to public, private, and/or non-profit
18 entities for brownfield remediation projects. Between 10,000 and 12,000 abandoned industrial
19 sites, referred to as “brownfields,” lie idle in towns and cities across the state, much of it in prime
20 commercial or industrial locations within the state’s urban services boundaries established by
21 Land Use 2020. Cleanup, reinvestment and re-use of these sites creates and attracts jobs, protects
22 the urban environment, removes hazards, prevents sprawl, and reduces the cost of stormwater
23 flooding.
24 (b) Flood
Prevention $3,000,000
25 Provides grants to public and/or non-profit entities for project design and construction
26 grants for repairing and/or removing dams, restoring and/or improving resiliency of vulnerable
27 coastal habitats, and restoring rivers and stream floodplains. These funds are expected to leverage
28 significant matching funds to support local programs to improve community
resiliency
and public
29 safety in the face of increased
flooding, major storm events, and environmental degradation.
30 (c) Farmland
Acquisition for Active Use $3,000,000
1 in new projects.
Funds
provided
under this
section
may also
be
used
for the
purchase
of
2 development rights
to farms by the Agricultural Preservation Commission.
3 (d) Local Recreation Grants $4,000,000
4 Provides up to eighty percent (80%) matching grant funds to municipalities to acquire,
5 develop,
or rehabilitate
local recreational
facilities to
meet the
growing
needs for
active
6 recreational facilities. All grant applications are evaluated and ranked by the State Recreation
7 Resources Review Committee.
8 (e) Roger Williams
Park
Zoo $15,000,000
9 Provides funds to construct a new education center to meet the increased demand for
10 education programs; to renovate and convert the existing education center into a world class
11 reptile facility; for demolition of existing facilities and construction of a new tropical rainforest
12 building to house rare and endangered animals and event space; or for other improvements to the
13 Roger Williams
Park
Zoo.
14 (f) Roger Williams
Park $3,000,000
15 Provides
funds
for
construction and reconstruction of roads, bridges, sidewalks and
16 walkway within
Roger Williams Park.
17 (g) Capital for Clean Water $20,000,000
18 Provides funds to be administered by the Clean Water Finance Agency to finance water
19 pollution abatement infrastructure projects. The Department of Environmental Management has
20 compiled
a
list of more than
$1.8
billion dollars
of
needed clean
water infrastructure
21 improvements from municipalities and the Narragansett Bay Commission. Projects range from
22 wastewater treatment
upgrades and stormwater
quality
improvements to
combined sewer
23 overflow abatement projects.
24 SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority
25 of this act shall be sold from time to time at not less than the principal amount thereof, in such
26 mode and on such
terms and conditions as the general
treasurer, with the approval of the
27 governor, shall deem to
be for the
best interests of the state.
28 Any premiums and accrued interest, net of the cost of bond insurance and underwriter’s
29 discount, which may be received on the sale of the capital development bonds or notes shall
30 become part of the Municipal Road and Bridge Revolving Fund of the state, unless directed by
31 federal law or regulation to be
used
for some
other purpose.
1 accordance with the terms thereof or otherwise to purchase them as the general treasurer, with
the
2 approval of the governor, shall deem to
be for the best interests of the state.
3 Any bonds or notes issued under the provisions of this act and coupons on any capital
4 development bonds, if properly executed by the manual or facsimile signatures of officers of the
5 state in office on the date of execution shall be valid and binding according to their tenor,
6 notwithstanding that before the delivery thereof and payment therefor, any or all such officers
7 shall for any reason have
ceased to
hold
office.
8 SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -
9 - All bonds and notes issued under the authority of this act shall be exempt from taxation in the
10 state and
shall be general obligations of the state, and the
full faith and
credit of the
state is hereby
11 pledged for the due payment of the principal and interest on each of such bonds and notes as the
12 same
shall become due.
13 SECTION 9. Investment of moneys in fund. -- All moneys in the capital development
14 fund not immediately required for payment pursuant to the provisions of this act may be invested
15 by the
investment commission, as
established by chapter 35-10,
pursuant to the provisions of such
16 chapter; provided, however, that the securities in which the capital development fund is invested
17 shall remain a part of the capital development fund until exchanged for other securities; and
18 provided further, that the income from investments of the capital development fund shall become
19 a part of the general fund of the state and shall be applied to the payment of debt service charges
20 of the state, unless directed by federal law or regulation to be used for some other purpose, or to
21 the extent
necessary,
to rebate to
the United States
treasury
any
income
from
investments
22 (including gains from the disposition of investments) of proceeds of bonds or notes to the extent
23 deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from
24 federal income taxation.
25 SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not
26 otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and
27 notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise
28 appropriated.
29 SECTION 11. Advances from general fund. -- The general treasurer is authorized from
30 time to time with the approval of the director and the governor, in anticipation of the issue of
31 notes or bonds
under the
authority of this act, to advance to the capital development bond fund for
32 the purposes specified in section 6 hereof, any funds of the state not specifically held for any
33 particular purpose; provided, however, that all advances made to the capital development bond
34 fund shall be returned to the general fund from the capital development bond fund forthwith upon
1 the receipt by
the
capital development fund of proceeds resulting
from
the issue of notes or bonds
2 to the extent of such
advances.
3 SECTION 12. Federal assistance and private funds. -- In carrying out this act, the
4 director, or his or her designee, is authorized on behalf of the state, with the approval of the
5 governor, to apply for and accept any federal assistance which may become available for the
6 purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of
7 any federal legislation therefor, to enter into, act and carry out contracts in connection therewith,
8 to act as agent for the federal government in connection therewith, or to designate a subordinate
9 so to act. Where federal
assistance is
made available,
the project
shall
be
carried out
in
10 accordance with applicable federal law, the rules and regulations thereunder and the contract or
11 contracts providing for federal assistance, notwithstanding any contrary provisions of state law.
12 Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited
13 in the capital development bond fund and expended as a part thereof. The director or his or her
14 designee may also utilize any private funds that may be made available for the purposes of this
15 act.
16 SECTION 13. Effective Date. -- Sections 1, 2, 3, 11, and 12 of this article shall take
17 effect upon passage. The remaining sections of this article shall take effect when and if the state
18 board of elections shall certify to the secretary of state that a majority of the qualified electors
19 voting on the
propositions contained in section 1 hereof have
indicated their approval of all or any
20 projects thereunder.
1 ARTICLE 6
=======
art.006/2/006/1
=======
2 RELATING TO RESOURCE RECOVERY CORPORATION
3 SECTION 1. Section 23-19-13.5 of the General Laws in Chapter 23-19 entitled "Rhode
4 Island
Resource Recovery Corporation" is hereby amended
to read as
follows:
5 23-19-13.5. Interim rates. --
The municipal tipping
fee
charged by the resource recovery
6 corporation shall be as
follows:
7 (1) Thirty-two dollars ($32.00) per ton from July 1, 2011 to June 30, 2014 2015, for any
8 municipality that recycles between
zero percent (0%) and twenty-four and ninety-nine hundredths
9 percent (24.99%) of its solid waste at the Corporation's material recycling facility ("MRF") in
10 Johnston.
11 (2) Thirty-one dollars ($31.00) per ton from July 1, 2011 to June 30, 2014 2015, for any
12 municipality that recycles between twenty-five percent (25%) and twenty-nine and ninety-nine
13 hundredths
percent (29.99%) of its solid waste at the Corporation's
("MRF") in Johnston.
14 (3) Thirty dollars ($30.00) per ton from July 1, 2011 to June 30, 2014 2015, for any
15 municipality that recycles
between thirty
percent
(30%)
and
thirty-four and ninety-nine
16 hundredths
percent (34.99%) of its solid waste at the Corporation's
("MRF") in Johnston.
17 (4) Twenty-nine dollars ($29.00) per ton from July 1, 2011 to June 30,
2014 2015, for
18 any municipality that recycles
thirty-five percent (35%) or
more
of
its
solid waste at
the
19 Corporation's
("MRF") in Johnston.
20 (5) The Corporation shall issue a rebate not later than September 1 of each year to those
21 municipalities qualifying for a year-end tipping fee adjustment according to the municipality's
22 actual recorded tonnage delivered to the MRF in Johnston, and in accordance with the provisions
23 of the municipality's current-year signed solid waste and recycling services agreement with the
24 corporation.
25 (6) The corporation shall provide a rate plan with its proposed budget to be submitted to
26 the state on or before October 1, 2014 in accordance
with § 23-19-37 of the Rhode Island general
27 laws.
28 SECTION
2. This article shall take effect as of July 1,
2014.
29
1 ARTICLE 7
=======
art.007/1
=======
2 RELATING TO REGIONAL
GREENHOUSE
GAS INITIATIVE ACT
3 SECTION
1.
Section 23-82-6
of the
General
Laws in
Chapter
23-82
entitled
4 "Implementation of the Regional Greenhouse Gas Initiative Act"
is hereby amended to read as
5 follows:
6 23-82-6. Use of auction or sale proceeds. -- (a) The proceeds from the auction or sale of
7 the allowances shall be used for the benefit of energy consumers through investment in the most
8 cost-effective available projects that can reduce long-term consumer energy demands and costs.
9 Such proceeds may be used only for the following purposes, in a proportion to be determined
10 annually by the office in consultation
with the council and
the
board:
11 (1) Promotion of cost-effective energy
efficiency
and conservation
in order to achieve the
12 purposes of § 39-1-27.7;
13 (2) Promotion of cost-effective renewable non-carbon emitting energy technologies in
14 Rhode Island as defined in § 39-26-5 and to achieve the purposes of chapter 39-26 entitled
15 "Renewable Energy Standard";
16 (3) Cost-effective
direct rate relief for consumers;
17 (4) Direct rate relief for low-income
consumers;
18 (5) Reasonable compensation
to an
entity selected
to administer the auction
or
sale; and
19 (6) Reasonable costs of the department of environmental management and office of
20 energy
resources in
administering this program, as well as
other
climate
change, energy
21 efficiency, and renewable program efforts of the department of environmental management and
22 office of energy resources, which shall not in any year exceed three hundred thousand dollars
23 ($300,000) or five percent (5%) ten percent (10%) of the proceeds from sale or auction of the
24 allowances, whichever is less greater. Administrative funds not expended in any fiscal year shall
25 remain in the administrative account to be used as needed in subsequent years. The office of
26 energy resources shall have the ability to apply administrative funds not used in a fiscal year to
27 achieve the purpose of this section. The funds deposited into the administrative funds account
28 shall be exempt from the
indirect cost recovery provisions
of section
35-4-27.
29 (b) Any interest earned on the funds so generated must be credited to the fund. Funds not
30 spent in
any fiscal year shall remain
in the
fund
to be used for future
energy efficiency and carbon
1 reduction
programs.
2 (c) Annually, the office, in consultation with council and board, shall prepare a draft
3 proposal on how the proceeds from the allowances shall be allocated. The draft proposal shall be
4 designed
to augment and coordinate
with
existing
energy
efficiency
and
renewable energy
5 programs, and shall not propose use of auction proceeds for projects already funded under other
6 programs. The proposal for allocation of proceeds in subsections 23-82-6(1), (2) and (3) shall be
7 one that
best achieves
the purposes
of the
law, namely,
lowering
carbon
emissions
and
8 minimizing costs to consumers over the long term. The office shall hold a public hearing and
9 accept public comment on
the draft proposal in
accordance with
chapter 42-35 (the
10 "Administrative
Procedure Act"). Once the
proposal is
final,
the office
shall
authorize
the
11 disbursement of funds in accordance with the final plan.
12 (d) The office shall prepare, in consultation with council and board, a report by April
13 15th of each year describing the implementation and operation of RGGI, the revenues collected
14 and the expenditures, including funds that were allocated to the energy efficiency and renewable
15 energy programs, and the individuals, businesses and vendors that received funding, made under
16 this
section,
the
statewide energy
efficiency
and carbon reduction programs,
and
any
17 recommendations for
changes
to law
relating to
the state's energy conservation
or
carbon
18 reduction efforts. The report shall be made public and be posted electronically on the website of
19 the office of energy resources and shall also
be submitted to the
general assembly.
20 SECTION
2. This article shall take effect as of July 1,
2014.
Art7
RELATING TO REGIONAL GREENHOUSE GAS INITIATIVE ACT (Page -2-)
1 ARTICLE 8
=======
art.008/3/008/2/016/2/016/1
=======
2 RELATING TO UNDERGROUND ECONOMY
AND EMPLOYEE MISCLASSIFICATION
3 ACT
4 SECTION
1. Title 42 of the
General
Laws entitled
"STATE AFFAIRS AND
5 GOVERNMENT" is
hereby amended
by adding thereto the following chapter:
6 CHAPTER 155
7 UNDERGROUND ECONOMY AND EMPLOYEE MISCLASSIFICATION ACT
8 42-155-1. Short Title. --
This chapter shall be known as the "Underground Economy and
9 Employee Misclassification Act".
10 42-155-2. Declaration of purpose. --
The general assembly finds and declares that this
11 state's
economy,
its workers
and
its
businesses are
harmed by the
existence of an illegal
12 underground
economy
in which individuals
and
businesses
conceal their
activities from
13 government licensing, regulatory
and
taxing authorities.
The
underground
economy
and,
in
14 particular, the
practice of employee misclassification:
15 (a) exploits
vulnerable
workers and
deprives them of legal benefits and
protections;
16 (b) gives unlawful businesses an unfair competitive advantage over lawful businesses by
17 illegally driving down violators' taxes,
wages, and other overhead
costs;
18 (c) defrauds
the
government of substantial tax revenues; and
19 (d) harms
consumers who
suffer
at the
hands of
unlicensed businesses
that
fail
to
20 maintain
minimum levels
of skills and
knowledge.
21 The creation of a task force has proven to be an effective mechanism for enhancing
22 interagency cooperation,
information sharing, and the prosecution of violators.
23 42-155-3. Task Force.-- There is hereby established a Task Force on the Underground
24 Economy and Employee Misclassification.
The Task
Force shall consist of
the following
25 members or their designees:
26 (a) the director of labor and training or designee;
27 (b) the tax administrator or designee;
28 (c) the director of business regulation or designee;
29 (d) the head
of
the workforce regulation
and safety division or designee;
30 (e) the attorney general or designee;
1 (f) the
commissioner of the department of public safety or designee; and
2 (g) Chief Judge of the
Workers' Compensation Court or designee.
3 The director of labor and training shall chair the Task Force.
4 42-155-4.
Duties and Responsibilities. --
The Task Force
shall coordinate joint efforts
to
5 combat the underground economy and
employee misclassification. The Task Force shall:
6 (a) Foster
voluntary compliance with the
law by educating business owners
and
7 employees about applicable requirements;
8 (b) Conduct joint, targeted investigations and enforcement actions against violators;
9 (c) Protect the health,
safety and
benefit rights
of workers; and
10 (d) Restore competitive equality for law-abiding businesses.
11 42-155-5. Sharing of Information. -- Notwithstanding any other law or regulation to the
12 contrary, the Task Force shall facilitate timely information sharing between and among Task
13 Force members, including the establishment of protocols by which participating agencies will
14 advise or refer to other agencies matters of potential investigative interest.
15 44-155-6.
Annual Report.-- No later
than March 15, 2015 and every March 15th
16 thereafter, the Task Force shall submit a report to the governor and the chairpersons of the house
17 finance committee and senate finance committee summarizing the Task Force's activities during
18 the preceding year. The report shall, without limitation:
19 (a) Describe the Task Force's
efforts and accomplishments
during the year;
20 (b) Identify any administrative or legal barriers impeding the more effective operation of
21 the Task Force, including any barriers to information
sharing or joint action; and
22 (c) Propose appropriate administrative, legislative, or regulatory changes to strengthen
23 the Task Force's operations and enforcement efforts and reduce or eliminate any barriers to those
24 efforts.
25 SECTION
2. The article
shall take
effect upon passage.
=======
art.009/6/009/5/009/4/009/3/009/2/009/1
=======
1 ARTICLE 9
2 RELATING TO GOVERNMENT REFORM
3 SECTION 1. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and
4 Control" is hereby amended
to read as follows:
5 35-6-1. Controller -- Duties in general. -- (a) Within the department of administration
6 there shall be a controller who shall be appointed by the director of administration pursuant to
7 chapter 4 of title 36. The controller shall be responsible for accounting and expenditure control
8 and shall be required to:
9 (1) Administer a
comprehensive accounting and recording
system which will classify the
10 transactions
of
the state
departments and
agencies
in
accordance with the budget plan;
11 (2) Maintain
control accounts for
all supplies, materials,
and equipment
for all
12 departments
and agencies except as otherwise provided by law;
13 (3) Prescribe a financial, accounting, and cost accounting system for state departments
14 and agencies;
15 (4) Preaudit all state receipts and expenditures;
16 (5) Prepare financial statements required by the several departments and agencies, by the
17 governor, or by the general assembly;
18 (6) Approve the orders drawn on the general treasurer; provided, that the preaudit of all
19 expenditures under authority of the legislative department and the
judicial department by the state
20 controller shall be purely ministerial, concerned only with the legality of the expenditure and
21 availability of the funds, and in no event shall the state controller interpose his or her judgment
22 regarding the
wisdom or expediency of any item or items of expenditure;
23 (7) Prepare and timely file, on behalf of the state, any and all reports required by the
24 United States, including, but not limited to, the internal revenue service, or required by any
25 department or agency of the state, with
respect to the
state payroll; and
26 (8) Prepare a preliminary closing statement for each fiscal year. The controller shall
27 forward the statement to the chairpersons of the house finance committee and the senate finance
28 committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by
29 September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment
30 of the appropriations act,
whichever is later. The report shall include
but
is not limited
to:
1 (i) A report of all revenues received by the state in the completed fiscal year, together
2 with the estimates adopted for that year as contained in the final enacted budget, and together
3 with all deviations between estimated revenues and actual collections. The report shall also
4 include cash collections and
accrual adjustments;
5 (ii) A comparison
of
actual expenditures with each
of
the actual
appropriations,
6 including supplemental appropriations and other adjustments provided for in the Rhode Island
7 General Laws;
8 (iii) A statement of the
opening and closing surplus in the general revenue account; and
9 (iv) A statement of the opening surplus, activity, and closing surplus in the state budget
10 reserve and cash stabilization account and the state bond
capital fund.
11 (b) The
controller
shall
provide supporting
information on revenues, expenditures,
12 capital projects,
and debt service upon
request of the
house finance committee chairperson, senate
13 finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.
14 (c) Upon issuance of the audited
annual financial statement, the
controller shall provide
a
15 report of the differences between the preliminary
financial report and the
final report as contained
16 in the audited
annual financial statement.
17 (d) Upon issuance of the audited financial statement, the controller shall transfer all
18 general revenues received in the completed fiscal year net of transfer to the state budget reserve
19 and cash stabilization account as required by section 35-3-20 in excess of those estimates adopted
20 for that year as contained in the final enacted budget to the employees' retirement system of the
21 state of Rhode Island as defined in
section 36-8-2.
22 (e) The controller shall create a special fund not part of the general fund and shall
23 deposit
amounts
equivalent to
all
deferred contributions
under this
act into that fund. Any
24 amounts remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who
25 shall transfer such amounts into the retirement system as appropriate.
26 (f) The controller shall implement a
direct deposit payroll system for state
employees.
27 (i) There shall be no service charge of any type paid by the state employee at any time
28 which shall decrease the net amount of the employee's salary deposited to the financial institution
29 of the personal choice of the employee
as a
result of the use
of
direct deposit.
30 (ii) Employees hired after September 30, 2014, shall participate in the direct deposit
31 system. At the time the employee is hired, the employee shall identify a financial institution that
32 will serve
as a personal depository agent for the employee.
33 (iii) No later than
June
30, 2016, each employee hired before September 30, 2014,
who
is
34 not a participant in the
direct deposit system,
shall identify a
financial institution that will serve
as
1 a personal depository agent for the employee.
2 (iv) The controller shall promulgate rules and regulations as
necessary for
3 implementation and administration of the direct deposit system, which shall include limited
4 exceptions to required participation.
5 SECTION 2. Section 36-7-2 of the General Laws in Chapter 36-7 entitled "Federal Old-
6 Age
and Survivors' Insurance" is
hereby amended to
read as follows:
7 36-7-2. Definitions. -- For the purposes of §§ 36-7-1 – 36-7-31, 36-7-33.1, and 36-7-35,
8 the following terms shall have the meanings indicated unless different meanings are clearly
9 expressed
or required by the
context:
10 (1) "Agency of the state" shall mean:
11 (i) All departments, divisions, agencies, and instrumentalities of the state which are not
12 juristic entities, legally separate and distinct from the
state;
13 (ii) Civilian
employees of
the Rhode Island national guard; or
14 (iii)
Any instrumentality of the
state
such as fire
districts, water
districts,
water
15 authorities, sewer commissions and authorities, housing authorities, or other instrumentality of
16 the state which are a juristic entity and legally separate and distinct from the state and if the
17 employees of the instrumentality are not by virtue of their relation to juristic entity employees of
18 the state. Without limiting the generality of the foregoing, examples of those agencies would be
19 the Kent County water authority, the Providence housing authority, the Blackstone Valley sewer
20 district commission,
and other like
instrumentalities of the state.
21 (2) "City or town" shall mean:
22 (i) Any city or town of the state of Rhode Island, inclusive of any department, division,
23 agency,
board, commission, or bureau thereof;
24 (ii) Any instrumentality of a city or town which is a juristic entity and legally separate
25 and distinct from the city or town and if its employees are not by virtue of their relation to the
26 juristic entity employees
of the
city or town; or
27 (iii) Any instrumentality of two or more citizens and/or towns which is a juristic entity as
28 provided in subdivision (ii) hereof.
29 (3) "IRC"
shall mean the Internal Revenue Code
of
1986, as amended.
30 (4) "Coverage group"
shall mean:
31 (i) All employees
of
the state
other than those
engaged in
performing service
in
32 connection with a proprietary function;
33 (ii) All employees of a city or town other than those engaged in performing service in
34 connection
with
a single proprietary function;
1 (iii) All employees of the state engaged in performing service in connection with a single
2 proprietary function;
3 (iv) All employees
of an agency of the
state;
4 (v)
All
employees of a city or
town
of the state engaged
in performing service
in
5 connection with
a single proprietary
function. If under the preceding sentence an employee would
6 be included in more than one coverage group by reason of the fact that he or she performs service
7 in connection with two (2) or more proprietary functions or in connection with both a proprietary
8 function and a nonproprietary function, he or she shall be included in only one coverage group.
9 The determination of the coverage group in which the employee shall be included shall be made
10 in such manner as may be specified in the agreement. Members of retirement systems shall
11 constitute
separate coverage
groups as
provided
in § 36-7-10.
12 (5) "Employee" shall mean any officer or employee of any city, town, or agency of the
13 state receiving salaries or wages for employment.
14 (6) "Employment" shall mean any service performed by an employee for wages as a
15 member of a coverage group as herein defined, including service of an emergency nature, service
16 in any class or classes of elective positions and service in part-time positions, but excluding the
17 following:
18 (i) Service
in
a position the compensation
for
which is on a fee basis;
19 (ii) Service performed by election officials or election workers for calendar year 2003 in
20 which the remuneration paid for that service is less than one thousand two hundred fifty dollars
21 ($1,250), and for each calendar year after 2003 in which the remuneration paid is less than the
22 adjusted amount in accordance with
section 218(c)(8)(B) of the
Social Security Act;
23 (iii) Service which under the federal Social Security Act may not be included in an
24 agreement between the state and the secretary entered into under this chapter;
25 (iv) Service which, in the absence of an agreement entered into under §§ 36-7-1 – 36-7-
26 31, would constitute "employment" as defined in the federal Social Security Act. Service which
27 under the federal Social Security Act may be included in an agreement only upon certification by
28 the governor in accordance with § 218(d)(3) of the federal Social Security Act, 42 U.S.C. §
29 418(d)(3), shall be included in the term "employment" if and when the governor issues, with
30 respect to that service, a
certificate
to
the secretary, pursuant to §
36-7-19.
31 (B) Notwithstanding any of the foregoing, if pursuant to § 141 of P.L. 92-603, 42 U.S.C.
32 § 418, the state agreement with the federal government referred to in § 36-7-3 is modified
33 appropriately at any time prior to January 1, 1974, the term "employment" with respect to any
34 coverage group specified in the modification shall, effective after the effective date specified in
1 the modification, include services in designated part-time positions but not services performed in
2 the employ
of a school, college, or university by a student who
is enrolled and regularly
attending
3 classes at that school, college, or university.
4 (7) "FARP" shall mean the FICA Alternative Retirement Income Security Program as
5 described
in § 36-7-33.1.
6 (8) "FARP-eligible
employee" shall mean
any
part-time, seasonal, or
temporary
7 employee of the state of Rhode Island who is ineligible for participation in the Employees'
8 Retirement System of Rhode
Island.
9 (9)
"FARP part-time employee"
shall mean an employee of the
state
of Rhode
Island
who
10 works less than twenty (20) hours
or less per week,
in
accordance with IRC standards.
11 (10) "Federal Insurance
Contributions Act" or
"FICA" shall mean
subchapter
A
of
12 chapter 9 of the federal Internal Revenue Code of 1939, subchapters A and B of chapter 21 of the
13 federal Internal Revenue Code of 1954, and subchapters A and B of chapter 21 of the federal
14 Internal Revenue Code of 1986 as those codes have been and may
from
time to time be amended;
15 and the term "employee tax" shall mean the
tax imposed
by §
1400 of the code of 1939,
§ 3101 of
16 the code
of
1954, and § 3101
of the
code of 1986.
17 (11) "Federal Social Security Act",
42 U.S.C. § 301 et seq., shall mean the act
of
18 congress approved August 14, 1935, officially cited as the "Social Security Act", including any
19 amendments thereto, and any
regulations, directives, or requirements interpretative or
20 implementive
thereof.
21 (12) "Part-time employment" shall mean any employment by those
who work on a
22 regularly scheduled
basis regardless
of hours.
23 (13) "Retirement board" shall mean the retirement board as provided in chapter 8 of this
24 title.
25 (14) "Secretary", except when used in the title "secretary of the treasury", shall mean the
26 secretary of health and human services and any individual to whom the secretary of health and
27 human services has
delegated
any of his or her functions
under the federal Social Security Act, 42
28 U.S.C. § 301 et seq., with respect to coverage under that act of employees of states and their
29 political subdivisions.
30 (15) "Sick pay" shall mean the amount of any payment (including any amount paid by an
31 employer for insurance or annuities, or into a fund to provide for any sick pay) made to, or on
32 behalf of, an employee or any of his or her dependents under a plan or system established by an
33 employer which makes provision for his employees generally (or for his
or her employees
34 generally and their dependents) or for a class or classes of his employees (or for a
class or classes
1 of his
employees and
their dependents), on
account of sickness or accident disability.
2 (16) "State"
shall mean the state of Rhode Island.
3 (17) "Wages"
or "salaries"
shall mean all compensation received by an employee for
4 employment as defined herein, including the cash value of all remuneration received by an
5 employee in any medium other than cash, except that this term shall not include that part of the
6 remuneration which, even
if it
were for "employment" within the meaning of the
Federal
7 Insurance Contributions Act, 26 U.S.C. § 3101 et seq., would not constitute "wages" within the
8 meaning of that act.
9 SECTION 3. Sections 37-2.3-3 and 37-2.3-4 of the General Laws in Chapter 37-2.3
10 entitled "Government Oversight and Fiscal Accountability Review Act" are hereby amended to
11 read as follows:
12 37-2.3-3. Definitions. -- As used in this chapter, the following terms shall have the
13 following meanings:
14 (1) "Agency" includes any executive office, department, division, board, commission, or
15 other office or officer in the executive
branch
of the
government.
16 (2) "Person" includes an individual, institution, federal, state, or local governmental
17 entity, or any other public or private
entity.
18 (3) "Private contractor employee" includes a worker directly employed by a private
19 contractor, as defined in this section, as
well as an employee of a subcontractor or an independent
20 contractor that provides supplies or services to a
private
contractor.
21 (4) "Privatization or privatization contract" means an agreement or combination or series
22 of agreements by which a non-governmental person or entity agrees with an agency to provide
23 services expected to result in a fiscal year expenditure of at least one hundred fifty thousand
24 dollars ($150,000) (as of July 1 each year, the amount shall increase to reflect increases in the
25 consumer price index calculated by the United States Bureau of Labor Statistics for all urban
26 consumers
nationally during the
most recent
twelve
(12) month period for
which
data
are
27 available or more), which would contract services which are substantially similar to and in
28 replacement of work normally performed by an
employee of an agency
as of June 30,
2007.
29 "Privatization" or
"privatization contract" excludes:
30 (i) Contracts resulting from an emergency procurement;
31 (ii) Contracts with a term of one hundred eighty (180) days or less on a non-recurring
32 basis;
33 (iii) Contracts to provide highly specialized or technical services not normally provided
34 by state employees;
1 (iv) Any subsequent contract which: (a) renews or rebids a prior privatization contract
2 which existed before June 30, 2007; or (b) renews or rebids a privatization contract that was
3 subject to the provisions of this statute after its enactment; and
4 (v) An
agreement to provide
legal services or management consulting services.
5 (5) "Privatization
contractor" is
any vendor, contractor, consultant,
subcontractor,
6 independent contractor or private business owner that contracts with a state agency to perform
7 services
in accordance with the definition of
a "privatization contract."
8 (6) "Services" includes, with respect to a private contractor, all aspects of the provision
9 of services provided by a private contractor pursuant to a privatization contract, or any services
10 provided by a
subcontractor of a private contractor.
11 37-2.3-4. Fiscal monitoring of privatization contracts. -- Each private contractor shall
12 file a copy of each executed subcontract or amendment to the subcontract with the agency, which
13 shall maintain the subcontract or amendment as a public record, as defined in the access to public
14 records act.
15 (1) Audits. - Privatization contracts shall be subject to audit or review, as defined by the
16 American Institute of Certified Public Accountants, by the office of the auditor general at the
17 discretion of the auditor general. Any audit or review shall be conducted in compliance with
18 generally accepted auditing standards.
19 (2) Access. - All privatization contracts shall include a contract provision specifying
20 language that provides public access to
the
complete contract.
21 (3) Fiscal accountability. - As part of the budgetary process, each state agency shall
22 provide an addendum to include in their submitted budget request a listing
of all privatization
23 contracts for the prior,
current and
subsequent
fiscal years.
; the name
of
each
contractor,
24 subcontractor, duration of the contract provided and services provided; the total cost of each
25 contract(s) for the prior year; and the projected number of privatization service contracts for the
26 current and upcoming year, the
total cost of each contract(s) for the
prior year; the estimated costs
27 of each contract(s) for the current and upcoming year. The addendum for each agency shall also
28 contain a summary of contracted private contractor employees for each contract, reflected as full-
29 time equivalent positions, their hourly wage rate, and the number of private contractor employees
30 and consultants for the current and previous fiscal year. For the prior fiscal year, the listing shall
31 include the name of each contractor; a description of the services provided; the amount expended
32 for the fiscal year; the positions employed by title, if applicable; and the hourly wage paid by
33 position, if applicable. For the current and upcoming fiscal years, the listing shall include the
34 name of each contractor, if known at the time the listing is prepared; a description of the services
1 to be provided; the amount budgeted for the contract in each fiscal year; the positions to be
2 employed by title, if known and applicable; and the hourly wage to be paid by position, if known
3 and applicable. Positions shall be reflected as full-time equivalent positions. The listings shall be
4 published annually online at the state's transparency portal or an equivalent website, available for
5 public inspection,
no later than
December 1 of each year.
6 SECTION 4. Section 42-90-1 of the General Laws in Chapter 42-90 entitled "Disclosure
7 of Names of State Government Consultants"
is hereby amended
to
read as follows:
8 42-90-1.
Public disclosure required.
-- (a) All departments,
commissions,
boards,
9 councils, other agencies in the government of the state and public corporations shall annually
10 prepare and submit to
the secretary of state
quarterly a budget office by October
1
a list
11 containing:
12 (1) The name of any person privatization contractor, or vendor who performed legal,
13 medical, accounting, engineering, or any other professional, technical or consultant service to the
14 department, commission, board, council, agency or public corporation on a contractual basis
15 during the
previous quarter fiscal year; and
16 (2) The amount of compensation received by each
consultant during
the
previous quarter
17 fiscal year.
18 (b) All departments, commissions, boards, councils, other agencies in the government of
19 the state and public corporations shall prepare and submit to the
secretary of state budget office
20 on an annual basis by October 1 a contracting report containing:
21 (1)
Digital/Electronic
copies Copies of all
contracts
or agreements by which a
22 nongovernmental person or entity agrees with the
department,
commission,
board, council,
23 agency or public
corporation
to provide
services, valued at one hundred thousand
dollars
24 ($100,000) one hundred fifty thousand
dollars ($150,000) or more, which
are substantially similar
25 to and in lieu of services
heretofore provided, in
whole
or
in part,
by
regular employees
26 replacement of work normally performed by an employee of the department, commission, board,
27 council, agency or public corporation; and.
28 (2) A budget analysis of each contract reported
pursuant to this
subsection containing the
29 cost of each contract for the prior, current and next year; and the number of private contractor
30 employees reflected as full-time equivalent positions with their hourly wage rate, and costs of
31 benefits
for
each job classification
for the
current and
previous
year.
32 (c) The
secretary of state budget office shall compile, publish, and make available for
33 public inspection all lists and contracting reports prepared in accordance with this chapter post
34 electronic/digital copies of all contracts and reports online using the state's transparency portal or
1 an equivalent website, available for public inspection, annually no later than December 1 of each
2 year.
3 SECTION 5. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911
4 Emergency Telephone Number Act" is
hereby amended
to
read as follows:
5 39-21.1-14. Funding. -- (a) A monthly surcharge of one dollar ($1.00) is hereby levied
6 upon each residence and business telephone line or trunk or path and data, telephony, Internet,
7 Voice Over Internet Protocol (VoIP) wireline, line, trunk or path in the state including PBX
8 trunks and centrex equivalent trunks and each line or trunk serving, and upon each user interface
9 number or extension number or similarly identifiable line, trunk, or path to or from a digital
10 network (such as, but not exclusive of, integrated services digital network (ISDN), Flexpath or
11 comparable digital
private
branch exchange, or connecting to or from a
customer-based
or
12 dedicated telephone switch site (such as, but not exclusive of, a private branch exchange (PBX)),
13 or connecting to or from a customer-based or dedicated central office (such as, but not exclusive
14 of, a centrex system but exclusive of trunks and lines provided to wireless communication
15 companies) that can access to, connect with or interface with the Rhode Island E-911 Uniform
16 Emergency
Telephone System (RI E-911). The surcharge shall be billed by each
17 telecommunication services provider at the inception of services and shall be payable to the
18 telecommunication services provider by the subscriber of the services. A monthly surcharge of
19 one dollar ($1.00) is hereby levied effective July 1, 2002, on each wireless instrument, device or
20 means including prepaid, cellular, telephony, Internet, Voice Over Internet Protocol (VoIP),
21 satellite, computer, radio, communication, data or data only wireless lines or any other wireless
22 instrument, device or means which has access to, connects with, or activates or interfaces or any
23 combination thereof with the E 9-1-1 Uniform Emergency Telephone System. The surcharge
24 shall be in addition to the surcharge collected under section 39-1-62 and shall be billed by each
25 telecommunication services provider and shall be payable to the telecommunication services
26 provider by the subscriber. Prepaid wireless telecommunications services shall not be included in
27 this act, but shall be governed by chapter 21.2 of title 39. The E-911 Uniform Emergency
28 Telephone System shall establish, by rule or regulation an appropriate funding mechanism to
29 recover from the
general body of ratepayers this surcharge.
30 (b) The amount of the surcharge shall not be subject to the tax imposed under chapter 18
31 of title 44 nor be included within the telephone common carrier's gross earnings for the purpose
32 of computing the
tax under chapter 13
of title 44.
33 (c) Each telephone common carrier and each telecommunication services provider shall
34 establish a special account to which it shall deposit on a monthly basis the amounts collected as a
1 surcharge
under this section.
2 (d) The money
collected
by
each
telecommunication services provider shall be
3 transferred
within sixty (60)
days after its inception
of wireline,
wireless, prepaid, cellular,
4 telephony, Voice Over Internet Protocol (VoIP), satellite, computer, Internet, or communications
5 services in this state and every month thereafter, to the division of taxation, together with the
6 accrued interest and shall be
deposited in the
general fund
as general revenue. : provided,
7 however, that beginning July
1, 2015, ten (10) percent of such money collected
shall be deposited
8 in the Information Technology Investment Fund established pursuant to § 42-11-2.5. Any money
9 not transferred in accordance with this paragraph shall be assessed interest at the rate set forth in
10 section 44-1-7 from the
date the money should
have been transferred.
11 (e) Every billed subscriber-user shall be liable for any surcharge imposed under this
12 section until it has been paid to the telephone common carrier or telecommunication services
13 provider. Any surcharge shall be added to and may be stated separately in the billing by the
14 telephone common carrier or telecommunication services provider and shall be collected by the
15 telephone common
carrier or telecommunication services provider.
16 (f) Each
telephone
common
carrier and
telecommunication
services
provider shall
17 annually provide the E 9-1-1 uniform emergency telephone system division or any other agency
18 that may replace it, with a list of amounts uncollected together with the names and addresses of
19 its subscriber-users who can be determined by the telephone common carrier or
20 telecommunication services provider to have
not paid the surcharge.
21 (g) Included within, but not limited to, the purposes for which the money collected may
22 be used are rent, lease, purchase, improve, construct, maintenance, repair, and utilities for the
23 equipment and site or sites occupied by the E 9-1-1
uniform emergency telephone
system;
24 salaries, benefits, and other associated personnel costs; acquisition, upgrade or modification of
25 PSAP equipment to be capable of receiving E 9-1-1 information, including necessary computer
26 hardware,
software, and
data base
provisioning, addressing,
and
non-recurring
costs of
27 establishing emergency services; network development, operation and maintenance; data-base
28 development, operation, and maintenance; on-premise equipment maintenance and operation;
29 training emergency service personnel regarding use of E 9-1-1; educating consumers regarding
30 the operations, limitations, role and responsible use of E 9-1-1; reimbursement to telephone
31 common carriers or telecommunication services providers of rates or recurring costs associated
32 with any services, operation, administration or maintenance of E 9-1-1 services as approved by
33 the division;
reimbursement to
telecommunication
services
providers or telephone common
34 carriers of other costs
associated with
providing E
9-1-1
services,
including the
cost of the design,
1 development, and implementation of equipment or software necessary to provide E 9-1-1 service
2 information to
PSAP's, as approved by the division.
3 (h) [Deleted by
P.L. 2000, ch. 55, art.
28, section 1.]
4 (i) Nothing in this section shall be construed to constitute rate regulation of wireless
5 communication services
carriers,
nor
shall
this
section be
construed
to prohibit wireless
6 communication services
carriers from charging subscribers for any wireless service
or feature.
7 (j) [Deleted
by P.L. 2006, ch. 246,
art. 4, section 1_.
8 SECTION
6. Section
42-11-2.5
of
the General Laws
in Chapter 42-11 entitled
9 "Department of Administration"
is hereby amended
to
read as follows:
10 42-11-2.5. Information technology investment fund. -- (a) All sums from the sale of
11 any land and the buildings and improvements thereon, and other real property title to which is
12 vested
in the
state except as provided in
subsection 37-7-15(b)
shall
be
transferred
to an
13 Information Technology Investment Fund restricted receipt account that is hereby established.
14 This fund
shall
consist
of
such sums
from the
sale of any land and
the
buildings and
15 improvements thereon, and other real property title to which is vested in the state except as
16 provided in subsection 37-7-15(b), as well as a share of E-911 Uniform Emergency Telephone
17 System surcharge revenues collected under the provisions of § 39-21.1-14. This fund may also
18 consist of such sums as the state may from time to time appropriate, as well as money received
19 from the
disposal of information
technology
equipment, loan,
interest
and
service charge
20 payments from benefiting state agencies, as well as interest earnings, money received from the
21 federal government, gifts, bequest, donations, or to otherwise from any public or private source.
22 Any such funds shall be exempt from the
indirect cost recovery provisions of section 35-4-27.
23 (b) This
fund
shall
be
used for the
purpose of acquiring
information
technology
24 improvements, including, but not limited to, hardware, software, consulting services, and ongoing
25 maintenance and
upgrade contracts
for
state departments
and
agencies.
26 (c) The division of information
technology
of
the Rhode Island department
of
27 administration shall adopt rules and regulations consistent with the purposes of this chapter and
28 chapter 35 of title
42, in
order to provide for the orderly and equitable disbursement of funds from
29 this
account.
30 SECTION 7. Sections 1 through 4 shall take effect upon passage and sections 5 and 6
31 shall take
effect as of July 1,
2014.
32
=======
art.010/8/010/7/010/6/010/5/010/4/010/3/010/2/010/1
=======
1 ARTICLE 10
2 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF
FY
2014
3 SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
4 in this act, the following general revenue amounts are hereby appropriated out of any money in
5 the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
6 2014. The amounts identified for federal funds and restricted receipts shall be made available
7 pursuant to section 35-4-22 and Chapter 41 of Title 42
of the Rhode Island General Laws. For the
8 purposes
and functions
hereinafter mentioned,
the state
controller
is hereby authorized and
9 directed to
draw
his or her orders
upon the general treasurer for the
payment of such sums or such
10 portions thereof as may be required from time to time upon receipt by him or her of properly
11 authenticated
vouchers.
12 FY 2014 FY
2014 FY 2014
13 Enacted Change Final
14 Administration
15 Central Management
16 General Revenues 2,111,597 229,878 2,341,475
17 Office of Digital Excellence 810,441 5,099 815,540
18 Federal Funds 194,591 (194,591) 0
19 Total - Central Management 3,116,629 40,386 3,157,015
20 Legal Services General Revenues 1,948,683 364,033 2,312,716
21 Accounts and
Control General Revenues 3,966,422 (228,883) 3,737,539
22 Office of Management and Budget
23 General Revenues 4,049,888 (233,988) 3,815,900
24 Restricted
Receipts 481,303 (165,364) 315,939
25 Total – Office of Management and Budget 4,531,191 (399,352) 4,131,839
26 Purchasing
27 General Revenues 2,689,542 93,779 2,783,321
28 Federal Funds 193,710 (115,403) 78,307
29 Other Funds 360,814 (45,523) 315,291
30 Total – Purchasing 3,244,066 (67,147) 3,176,919
|
1
|
Auditing General Revenues
|
1,344,585
|
(8,331)
|
1,336,254
|
|
2
|
Human
Resources
|
|
|
|
|
3
|
General Revenues
|
8,329,216
|
(317,831)
|
8,011,385
|
|
4
|
Federal Funds
|
808,123
|
(80,589)
|
727,534
|
|
5
|
Restricted
Receipts
|
469,283
|
(36,684)
|
432,599
|
|
6
|
Other Funds
|
1,580,772
|
(49,414)
|
1,531,358
|
|
7
|
Total - Human Resources
|
11,187,394
|
(484,518)
|
10,702,876
|
|
8
|
Personnel Appeal Board General Revenues
|
75,036
|
0
|
75,036
|
|
9
|
Facilities Management
|
|
|
|
|
10
|
General Revenues
|
32,198,875
|
(1,920,548)
|
30,278,327
|
|
11
|
Federal Funds
|
925,630
|
206,048
|
1,131,678
|
|
12
|
Restricted
Receipts
|
616,083
|
(163,194)
|
452,889
|
|
13
|
Other Funds
|
3,696,513
|
(441,380)
|
3,255,133
|
|
14
|
Total – Facilities Management
|
37,437,101
|
(2,319,074)
|
35,118,027
|
|
15
|
Capital Projects and Property Management
|
|
|
|
|
16
|
General Revenues
|
1,240,545
|
23,888
|
1,264,433
|
|
17
|
Information Technology
|
|
|
|
|
18
|
General Revenues
|
19,293,222
|
(514,943)
|
18,778,279
|
|
19
|
Federal Funds
|
7,135,490
|
(613,302)
|
6,522,188
|
|
20
|
Restricted
Receipts
|
5,370,582
|
(234,387)
|
5,136,195
|
|
21
|
Other Funds
|
2,182,024
|
611,114
|
2,793,138
|
|
22
|
Total – Information Technology
|
33,981,318
|
(751,518)
|
33,229,800
|
|
23
|
Library and Information Services
|
|
|
|
|
24
|
General Revenues
|
1,007,465
|
(4,060)
|
1,003,405
|
|
25
|
Federal Funds
|
1,183,126
|
186,031
|
1,369,157
|
|
26
|
Restricted
Receipts
|
1,694
|
(1,041)
|
653
|
|
27
|
Total - Library and Information
Services
|
2,192,285
|
180,930
|
2,373,215
|
|
28
|
Planning
|
|
|
|
|
29
|
General Revenues
|
4,701,094
|
(17,377)
|
4,683,717
|
|
30
|
Federal Funds
|
10,935,098
|
4,094,745
|
15,029,843
|
|
31
|
Other Funds
|
|
|
|
|
32
|
Federal Highway – PL
Systems Planning
|
5,039,312
|
(1,311,824)
|
3,727,488
|
|
33
|
Air Quality Modeling
|
0
|
22,875
|
22,875
|
|
34
|
Total - Planning
|
20,675,504
|
2,788,419
|
23,463,923
|
1 General
2 General Revenues
3 Economic Development Corporation
4 Rhode Island Commerce Corporation 4,545,572 0 4,545,572
5 EDC RICC – Airport Corporation
Impact Aid 1,025,000 0 1,025,000
6 Sixty percent (60%) of the first one million dollars ($1,000,000) appropriated for airport
7 impact
aid shall be distributed
to each
airport serving more than
one million
(1,000,000)
8 passengers based upon its percentage of the total passengers served by all airports serving more
9 than 1,000,000 passengers. Forty percent (40%) of the first one million dollars ($1,000,000) shall
10 be distributed based on the share of landings during the calendar year 2013 at North Central
11 Airport,
Newport-Middletown
Airport,
Block
Island
Airport, Quonset Airport, T.F.
Green
Airport
12 and Westerly
Airport, respectively.
The Economic
Development
Corporation Rhode Island
13 Commerce Corporation shall make an impact payment to the towns or cities in which the airport
14 is located based on this calculation. Each community upon which any parts of the above airports
15 are located shall receive at least twenty-five
thousand dollars ($25,000).
16 EDC RICC – EPScore (Research Alliance) 1,150,000 0 1,150,000
17 Innovative Matching Grants 500,000 0 500,000
18 Miscellaneous Grants 146,049 0 146,049
19 Slater Centers
of
Excellence 1,000,000 0 1,000,000
20 Torts –
Courts 400,000 0 400,000
21 Current Care/Health
Information
Exchange 450,000 0 450,000
22 I-195 Commission 501,000 674,679 1,175,679
23 RI Film and
Television Office 310,747 (1,782) 308,965
24 State
Employees/Teachers Retiree Health Subsidy 2,321,057 0 2,321,057
25 Resource Sharing and
State Library Aid 8,773,398 0 8,773,398
26 Library Construction
Aid 2,500,666 0 2,500,666
27 Federal Funds 4,345,555 0 4,345,555
28 Restricted
Receipts 421,500 2,217,068 2,638,568
29 Rhode Island Capital Plan Funds
30 Statehouse Renovations 1,879,000 (256,532) 1,622,468
31 DoIT Enterprise Operations Center 250,000 106,350 356,350
32 Cranston
Street Armory 1,650,000 (1,550,000) 100,000
33 Cannon Building 650,000 (46,013) 603,987
34 Zambarano
Building Rehabilitation 1,530,000 63,080 1,593,080
|
1
|
Pastore Center Rehab DOA Portion
|
1,155,000
|
1,362,000
|
2,517,000
|
|
2
|
Old
State House
|
500,000
|
32,000
|
532,000
|
|
3
|
State
Office Building
|
715,000
|
108,936
|
823,936
|
|
4
|
Old
Colony House
|
175,000
|
187,605
|
362,605
|
|
5
|
William Powers Building
|
2,700,000
|
(200,000)
|
2,500,000
|
|
6
|
Fire Code
Compliance State
Buildings
|
500,000
|
(500,000)
|
0
|
|
7
|
Pastore Center Fire Code
Compliance
|
1,691,596
|
(1,043,051)
|
648,545
|
|
8
|
Pastore Center Utility Systems
Upgrade
|
2,745,789
|
(1,645,789)
|
1,100,000
|
|
9
|
Replacement of Fueling Tanks
|
300,000
|
350,000
|
650,000
|
|
10
|
Environmental Compliance
|
200,000
|
(46,000)
|
154,000
|
|
11
|
Big River Management Area
|
180,000
|
105,811
|
285,811
|
|
12
|
Pastore Center Building Demolition
|
2,400,000
|
(1,063,123)
|
1,336,877
|
|
13
|
Washington
County Government Center
|
612,000
|
(152,000)
|
460,000
|
|
14
|
Veterans Memorial Auditorium
|
5,298,789
|
246,016
|
5,544,805
|
|
15
|
Chapin Health Laboratory
|
1,725,000
|
(1,425,000)
|
300,000
|
|
16
|
Pastore Center Parking
|
300,000
|
300,884
|
600,884
|
|
17
|
Pastore Center Water Tanks
|
300,000
|
0
|
300,000
|
|
18
|
Board of Elections New
Location
|
1,250,000
|
(1,250,000)
|
0
|
|
19
|
Pastore Cottages Rehabilitation
|
800,000
|
(177,672)
|
622,328
|
|
20
|
Ladd
Center Building Demolition
|
1,500,000
|
(491,792)
|
1,008,208
|
|
21
|
I-195 Commission
|
250,000
|
30,789
|
280,789
|
|
22
|
RI
Convention Center Authority
|
1,000,000
|
58,531
|
1,058,531
|
|
23
|
Dunkin Donuts
Center
|
925,000
|
0
|
925,000
|
|
24
|
Mathias
|
1,600,000
|
(350,000)
|
1,250,000
|
|
25
|
Pastore Center Power Plant
|
1,600,000
|
164,516
|
1,764,516
|
|
26
|
Virks
|
1,000,000
|
(700,000)
|
300,000
|
|
27
|
Harrington
Hall Renovations
|
1,000,000
|
180,000
|
1,180,000
|
|
28
|
Veterans Land Purchase
|
4,150,000
|
(188,000)
|
3,962,000
|
|
29 Provided that the cost for the land purchase shall not exceed
$70.00 per square
foot.
|
|
30
|
Health Laboratory Feasibility Study
|
0
|
124,393
|
124,393
|
|
31
|
Zambarano Wood Chip Boiler
|
0
|
32,838
|
32,838
|
|
32
|
Total – General
|
70,922,718
|
(4,741,258)
|
66,181,460
|
|
33
|
Debt Service Payments
|
|
|
|
|
34
|
General Revenues
|
157,387,801
|
(3,476,802)
|
153,910,999
|
1 Of the general revenue appropriation for debt service, two million five hundred thousand
2 dollars ($2,500,000) is appropriated for transfer to the Capital Reserve Fund of the EDC RICC
3 Job
Creation Guaranty program.
4 Federal Funds 2,759,328 (91,929) 2,667,399
5 Restricted
Receipts 2,131,275 (46,026) 2,085,249
6 Other Funds
7 Transportation
Debt Service 30,369,820 116,868 30,486,688
8 Investment Receipts – Bond Funds 100,000 0 100,000
9 COPS - DLT Building – TDI 278,848 (7,195) 271,653
10 Total - Debt Service Payments 193,027,072 (3,505,084) 189,521,988
11 Energy Resources
12 Federal Funds 590,080 (18,915) 571,165
13 Federal Funds – Stimulus 5,150,000 560,235 5,710,235
14 Restricted
Receipts 5,459,477 233,062 5,692,539
15 Total – Energy Resources 11,199,557 774,382 11,973,939
16 Rhode Island
Health Benefits
Exchange Federal Funds 28,348,926 24,079,750 52,428,676
17 Construction
Permitting,
Approvals and
Licensing
18 General Revenues 1,421,350 (4,775) 1,416,575
19 Restricted
Receipts 1,408,159 (12,172) 1,395,987
20 Total – Construction Permitting,
Approvals and
21 Licensing 2,829,509 (16,947) 2,812,562
22 Statewide Personnel Adjustments
23 General Revenues (1,398,040) 3,834,452 2,436,412
24 Federal Funds (379,988) 1,516,875 1,136,887
25 Restricted
Receipts (446,548) 676,848 230,300
26 Other Funds (342,628) 2,031,490 1,688,862
27 Total – Personnel Savings (2,567,204) 8,059,665 5,492,461
28 Grand Total –
Administration 428,701,337 23,789,341 452,490,678
29 Business
Regulation
30 Central Management General Revenues 1,197,671 23,727 1,221,398
31 Banking Division
32 General Revenues 1,715,225 (247,531) 1,467,694
33 Restricted
Receipts 125,000 (50,000) 75,000
34 Total – Banking Division 1,840,225 (297,531) 1,542,694
1 Securities Regulation
2 General Revenues 980,090 (44,942) 935,148
3 Restricted
Receipts 15,000 (11,500) 3,500
4 Total - Securities
Regulation 995,090 (56,442) 938,648
5 Insurance Regulation
6 General Revenues 3,767,883 (59,931) 3,707,952
7 Restricted
Receipts 1,345,584 (62,844) 1,282,740
8 Total - Insurance
Regulation 5,113,467 (122,775) 4,990,692
9 Office of the
Health Insurance Commissioner
10 General Revenues 542,180 (42,005) 500,175
11 Federal Funds 1,747,589 2,210,905 3,958,494
12 Restricted
Receipts 10,500 0 10,500
13 Total – Office of the
Health Insurance
14 Commissioner 2,300,269 2,168,900 4,469,169
15 Board of Accountancy General Revenues 81,034 (64,380) 16,654
16 Commercial Licensing, Racing &
Athletics
17 General Revenues 707,941 (123,246) 584,695
18 Restricted
Receipts 500,329 56,287 556,616
19 Total - Commercial Licensing,
Racing &
20 Athletics 1,208,270 (66,959) 1,141,311
21 Board for
Design
Professionals General Revenues 253,854 2,360 256,214
22 Grand Total - Business
Regulation 12,989,880 1,586,900 14,576,780
23 Labor and Training
24 Central Management
25 General Revenues 118,760 (27,682) 91,078
26 Restricted
Receipts 342,730 244,280 587,010
27 Rhode Island Capital Plan Funds
28 Center General Building Roof 0 751,412 751,412
29 Center General Asset Protection 702,000 (376,931) 325,069
30 Total - Central Management 1,163,490 591,079 1,754,569
31 Workforce
Development Services
32 General Funds 1,250,000 (500,825) 749,175
33 Federal Funds 22,942,484 6,974,518 29,917,002
34 Restricted Receipts 9,134,984 3,327,267 12,462,251
|
1
|
Other Funds
|
0
|
40,250
|
40,250
|
|
2
|
Total - Workforce Development Services
|
33,327,468
|
9,841,210
|
43,168,678
|
|
3
|
Workforce Regulation and
Safety General Revenues
|
3,002,408
|
2,325
|
3,004,733
|
|
4
|
Income Support
|
|
|
|
|
5
|
General Revenues
|
4,299,157
|
17,344
|
4,316,501
|
|
6
|
Federal Funds
|
17,957,752
|
11,059,374
|
29,017,126
|
|
7
|
Federal Funds – Stimulus – UI
|
54,810,000
|
(14,677,519)
|
40,132,481
|
|
8
|
Restricted
Receipts
|
2,008,358
|
138,480
|
2,146,838
|
|
9
|
Job
Development Fund
|
22,500,000
|
8,605,360
|
31,105,360
|
|
10
|
Other Funds
|
|
|
|
|
11
|
Temporary Disability Insurance
Fund
|
172,549,295
|
8,513,122
|
181,062,417
|
|
12
|
Employment Security Fund
|
271,329,801
|
(29,212,784)
|
242,117,017
|
13 Total - Income Support 545,454,363 (15,556,623) 529,897,740
14 Injured Workers
Services Restricted Receipts 9,139,647 (198,616) 8,941,031
15 Labor Relations
Board General Revenues 393,736 (7,204) 386,532
16 Grand Total - Labor and Training 592,481,112 (5,327,829) 587,153,283
17 Department of Revenue
18 Director of Revenue General Revenues 1,222,847 (161,184) 1,061,663
19 Office of Revenue Analysis
General Revenues 528,721 (8,284) 520,437
20 Lottery Division
21 Lottery Funds 245,451,858 89,310,926 334,762,784
22 Rhode Island Capital Plan Funds
23 Lottery Building Renovations 0 306,750 306,750
24 Total – Lottery Division 245,451,858 89,617,676 335,069,534
25 Municipal Finance General Revenues 2,351,173 (451,580) 1,899,593
26 Taxation
27 General Revenues 18,027,851 (642,343) 17,385,508
28 Federal Funds 1,261,962 23,582 1,285,544
29 Restricted
Receipts 849,626 22,433 872,059
30 Other Funds
31 Motor Fuel Tax Evasion 43,232 0 43,232
32 Temporary Disability Insurance 916,617 29,364 945,981
33 Total – Taxation 21,099,288 (566,964) 20,532,324
34 Registry of Motor
Vehicles
|
1
|
General Revenues
|
18,895,421
|
(631,625)
|
18,263,796
|
|
2
|
Federal Funds
|
1,786,689
|
(1,226,042)
|
560,647
|
|
3
|
Restricted
Receipts
|
14,763
|
0
|
14,763
|
|
4
|
Rhode Island Capital Plan Funds
|
|
|
|
|
5
|
Safety & Emissions
Lift Replacement
|
150,000
|
150,000
|
300,000
|
|
6
|
Total – Registry of Motor Vehicles
|
20,846,873
|
(1,707,667)
|
19,139,206
|
|
7
|
State Aid
|
|
|
|
|
8
|
General Revenue
|
|
|
|
|
9
|
Distressed
Communities Relief Fund
|
10,384,458
|
0
|
10,384,458
|
|
10
|
Payment in
Lieu
of
Tax Exempt Properties
|
35,080,409
|
0
|
35,080,409
|
|
11
|
Motor Vehicle
Excise Tax Payments
|
10,000,000
|
0
|
10,000,000
|
|
12
|
Property Revaluation
Program
|
516,615
|
(55,999)
|
460,616
|
|
13
|
Municipal Aid
|
5,000,000
|
0
|
5,000,000
|
|
14
|
Restricted
Receipts
|
957,497
|
(48,514)
|
908,983
|
|
15
|
Total – State Aid
|
61,938,979
|
(104,513)
|
61,834,466
|
|
16
|
Grand Total –
Revenue
|
353,439,739
|
86,617,484
|
440,057,223
|
17 Legislature
18 General Revenues 36,186,933 2,467,284 38,654,217
19 Restricted
Receipts 1,604,615 (36,615) 1,568,000
20 Grand Total –
Legislature 37,791,548 2,430,669 40,222,217
21 Lieutenant Governor
22 General Revenues 986,890 (40,389) 946,501
23 Federal Funds 1,108,488 485,836 1,594,324
24 Restricted
Receipts 0 135,000 135,000
25 Grand Total - Lieutenant Governor 2,095,378 580,447 2,675,825
26 Secretary of State
27 Administration General Revenues 2,078,542 130,070 2,208,612
28 Corporations General Revenues 2,152,424 104,404 2,256,828
29 State Archives
30 General Revenues 131,705 (30,564) 101,141
31 Restricted
Receipts 449,931 56,482 506,413
32 Total - State Archives 581,636 25,918 607,554
33 Elections &
Civics
34 General Revenues 1,162,821 (324,015) 838,806
1 Federal Funds 0 50,163 50,163
2 Total – Elections &
Civics 1,162,821 (273,852) 888,969
3 State Library General Revenues 611,318 (93,230) 518,088
4 Office of Public
Information
5 General Revenues 361,023 133,071 494,094
6 Restricted
Receipts 5,000 8,431 13,431
7 Total – Office of Public
Information 366,023 141,502 507,525
8 Grand Total –
Secretary of State 6,952,764 34,812 6,987,576
9 General
Treasurer
10 Treasury
11 General Revenues 2,471,194 (112,024) 2,359,170
12 Federal Funds 293,099 (21,821) 271,278
13 Restricted
Receipts 40,000 246 40,246
14 Other Funds
15 Temporary Disability Insurance
Fund 228,923 (18,646) 210,277
16 Total – Treasury 3,033,216 (152,245) 2,880,971
17 State Retirement System
18 Restricted
Receipts
19 Admin Expenses - State
Retirement System 10,256,532 (421,569) 9,834,963
20 Retirement - Treasury Investment Operations 1,162,562 (112,654) 1,049,908
21 Defined Contribution – Administration 246,971 8,918 255,889
22 Total - State Retirement System 11,666,065 (525,305) 11,140,760
23 Unclaimed Property Restricted Receipts 18,559,092 3,954,270 22,513,362
24 Crime
Victim Compensation Program
25 General Revenues 183,498 14,649 198,147
26 Federal Funds 837,323 (257,572) 579,751
27 Restricted
Receipts 1,128,267 275,045 1,403,312
28 Total - Crime Victim Compensation Program 2,149,088 32,122 2,181,210
29 Grand Total –
General Treasurer 35,407,461 3,308,842 38,716,303
30 Board
of
Elections
31 General Revenues 1,589,361 (467) 1,588,894
|
32
|
Public Financing of General Elections
|
150,000
|
0
|
150,000
|
1 Office of Governor
2 General Revenues 4,193,513 (310,867) 3,882,646
|
3
|
Contingency Fund
|
250,000
|
0
|
250,000
|
4 Grand Total –
Office
of Governor 4,443,513 (310,867) 4,132,646
5 Commission for Human Rights
6 General Revenues 1,150,785 (4,719) 1,146,066
7 Federal Funds 308,638 8,729 317,367
8 Grand Total - Commission for Human
Rights
1,459,423 4,010 1,463,433
9 Public Utilities Commission
10 Federal Funds 90,574 0 90,574
11 Federal Funds – Stimulus 76,244 38,238 114,482
12 Restricted
Receipts 8,253,475 60,396 8,313,871
13 Grand Total - Public
Utilities Commission 8,420,293 98,634 8,518,927
14 Office of Health
and
Human Services
15 Central Management
16 General Revenues 27,699,190 (1,178,767) 26,520,423
17 Federal Funds 88,057,656 12,334,944 100,392,600
18 Federal Funds – Stimulus 537,780 0 537,780
19 Restricted
Receipts 982,284 (15,215) 967,069
20 Total – Central Management 117,276,910 11,140,962 128,417,872
21 Medical Assistance
22 General Revenues
23 Managed
Care 281,682,858 9,218,938 290,901,796
24 Hospitals 107,499,737 (6,994,958) 100,504,779
25 Of this
amount, $5,482,009 is for the
outpatient upper payment limit reimbursement.
26 Nursing Facilities 179,263,818 (40,582,218) 138,681,600
27 Home
and Community Based Care 48,645,073 (8,518,673) 40,126,400
28 Other Services 44,013,672 (646,389) 43,367,283
29 Pharmacy 51,721,344 (111,818) 51,609,526
30 Rhody Health 100,701,958 54,960,885 155,662,843
31 Affordable Care Act Transition
Program 2,000,000 (1,000,000) 1,000,000
32 Federal Funds
1 Of this
amount, $5,570,428 is for the
outpatient upper payment limit reimbursement.
2 Nursing Facilities 182,155,169 (41,236,769) 140,918,400
3 Home
and Community Based Care 49,429,970 (8,656,370) 40,773,600
4 Other Services 150,655,199 84,791,474 235,446,673
5 Pharmacy 243,742 (476,421) (232,679)
6 Rhody Health 101,617,845 57,919,312 159,537,157
7 Special Education 19,000,000 0 19,000,000
8 Restricted
Receipts 9,015,000 2,571,044 11,586,044
9 Total - Medical Assistance 1,750,658,222 101,664,681 1,852,322,903
10 Grand Total –
Office
of Health and
11 Human
Services 1,867,935,132 112,805,643 1,980,740,775
12 Children, Youth,
and
Families
13 Central Management
14 General Revenues 4,911,020 (297,451) 4,613,569
15 Federal Funds 2,155,735 107,297 2,263,032
16 Restricted
Receipts 34,991 (34,991) 0
17 Total - Central Management 7,101,746 (225,145) 6,876,601
18 Children's
Behavioral Health Services
19 General Revenues 4,491,441 2,073,802 6,565,243
20 Federal Funds 5,572,682 1,465,666 7,038,348
21 Rhode Island Capital Plan Funds
22 NAFI Center 280,000 114,806 394,806
23 Mt. Hope Building Facade 275,000 (275,000) 0
24 Various
Repairs and Improvements
to YDC 0 355,000 355,000
25 Total - Children's
Behavioral Health
26 Services 10,619,123 3,734,274 14,353,397
27 Juvenile
Correctional Services
28 General Revenues 26,877,697 (2,372,381) 24,505,316
29 Federal Funds 330,645 (30,031) 300,614
30 Federal Funds – Stimulus 4,270 22,109 26,379
31 Rhode Island Capital Plan Funds
32 Thomas C.
Slater Training School
33 Maintenance Building 535,000 (535,000) 0
1 Total - Juvenile
Correctional Services 27,747,612 (2,649,533) 25,098,079
2 Child Welfare
|
3
|
General Revenues
|
105,380,058
|
117,199
|
105,497,257
|
4 18
to 21
Year Olds 11,116,775 (296,585) 10,820,190
5 Federal Funds 46,003,996 1,660,586 47,664,582
6 18
to 21
Year Olds 2,239,970 (493,973) 1,745,997
7 Federal Funds – Stimulus 385,107 61,233 446,340
8 Restricted
Receipts 2,579,179 (130,429) 2,448,750
9 Rhode Island Capital Plan Funds
10 Fire Code
Upgrades 500,000 (450,000) 50,000
11 Total - Child
Welfare 168,205,085 468,031 168,673,116
12 Higher Education
Incentive Grants General Revenues 200,000 0 200,000
13 Grand Total - Children, Youth, and
Families213,873,566 1,327,627 215,201,193
14 Health
15 Central Management
16 General Revenues 544,959 (64,650) 480,309
17 Federal Funds 8,645,598 (877,478) 7,768,120
18 Restricted
Receipts 4,239,580 3,774 4,243,354
19 Total - Central Management 13,430,137 (938,354) 12,491,783
20 State Medical Examiner
21 General Revenues 2,365,037 (510,236) 1,854,801
22 Federal Funds 163,940 (22,604) 141,336
23 Total - State Medical Examiner 2,528,977 (532,840) 1,996,137
24 Environmental and Health Services Regulation
25 General Revenues 9,491,266 (149,084) 9,342,182
26 Federal Funds 5,856,356 539,335 6,395,691
27 Restricted
Receipts 4,199,254 (610,785) 3,588,469
28 Total - Environmental and Health
Services
29 Regulation 19,546,876 (220,534) 19,326,342
30 Health Laboratories
31 General Revenues 6,199,240 (132,018) 6,067,222
32 Federal Funds 1,492,480 706,450 2,198,930
33 Federal Funds – Stimulus 0 6,500 6,500
34 Total - Health
Laboratories 7,691,720 580,932 8,272,652
1 Public
Health Information
2 General Revenues 1,524,091 13,552 1,537,643
3 Federal Funds 847,574 1,857,068 2,704,642
4 Federal Funds – Stimulus 97,959 76,067 174,026
5 Total – Public
Health
Information 2,469,624 1,946,687 4,416,311
6 Community and Family
Health and Equity
7 General Revenues 2,448,286 107,470 2,555,756
8 Federal Funds 41,420,480 (2,821,236) 38,599,244
9 Federal Funds - Stimulus 382,645 633,582 1,016,227
10 Restricted
Receipts 26,194,072 (1,020,877) 25,173,195
11 Other Funds
12 Safe and
Active Commuting 35,310 93,752 129,062
13 Total – Community and
Family Health
14 and
Equity 70,480,793 (3,007,309) 67,473,484
15 Infectious Disease and
Epidemiology
16 General Revenues 1,735,122 (113,977) 1,621,145
17 Federal Funds 3,097,510 1,793,208 4,890,718
18 Restricted
Receipts 0 5,995 5,995
19 Total – Infectious Disease and
Epidemiology 4,832,632 1,685,226 6,517,858
20 Grand Total –
Health 120,980,759 (486,192) 120,494,567
21 Human
Services
22 Central Management
23 General Revenues 5,543,121 (54,037) 5,489,084
24 Federal Funds 5,244,172 (380,637) 4,863,535
25 Restricted
Receipts 414,962 107,580 522,542
26 Total - Central Management 11,202,255 (327,094) 10,875,161
27 Child Support Enforcement
28 General Revenues 2,370,212 (6,365) 2,363,847
29 Federal Funds 6,095,358 (153,076) 5,942,282
30 Total – Child
Support Enforcement 8,465,570 (159,441) 8,306,129
31 Individual and Family
Support
32 General Revenues 20,922,405 1,859,608 22,782,013
33 Federal Funds 133,591,509 (1,957,130) 131,634,379
34 Federal Funds – Stimulus 0 11,748,163 11,748,163
1 Restricted
Receipts 7,352,671 (7,012,240) 340,431
2 Rhode Island Capital Plan Funds
3 Blind Vending Facilities 165,000 18,083 183,083
4 Intermodal Surface Transportation
Fund 4,165,364 567,561 4,732,925
5 Food
Stamp Bonus
Funding 150,000 259,338 409,338
6 Total - Individual and Family Support 166,346,949 5,483,383 171,830,332
7 Veterans' Affairs
8 General Revenues 20,993,993 (1,382,658) 19,611,335
9 Federal Funds 7,678,815 996,747 8,675,562
10 Restricted
Receipts 1,467,376 266,764 1,734,140
11 Total - Veterans' Affairs 30,140,184 (119,147) 30,021,037
12 Health Care Eligibility
13 General Revenues 8,141,377 (307,812) 7,833,565
14 Federal Funds 11,060,155 (794,912) 10,265,243
15 Total - Health
Care Eligibility 19,201,532 (1,102,724) 18,098,808
16 Supplemental Security
Income
Program
17 General Revenues 18,234,514 164,586 18,399,100
18 Rhode Island
Works
19 General Revenues - Child Care 9,668,635 0 9,668,635
20 Federal Funds 80,298,745 (4,837,073) 75,461,672
21 Total – Rhode Island Works 89,967,380 (4,837,073) 85,130,307
22 State Funded
Programs
23 General Revenues
|
24
|
General Public
Assistance
|
1,906,800
|
(11,388)
|
1,895,412
|
25 Of this
appropriation,
$210,000
shall be used for hardship
contingency payments.
26 Federal Funds 298,637,602 2,360,464 300,998,066
27 Total - State Funded Programs 300,544,402 2,349,076 302,893,478
28 Elderly
Affairs
29 General Revenues 5,522,367 303,972 5,826,339
30 RIPAE 174,484 (174,484) 0
31 Care
and Safety of the
Elderly 1,287 (329) 958
32 Federal Funds 11,761,746 243,182 12,004,928
33 Restricted
Receipts 527,491 (313,839) 213,652
34 Total – Elderly Affairs 17,987,375 58,502 18,045,877
1 Grand Total - Human
Services 662,090,161 1,510,068 663,600,229
2 Behavioral Health, Developmental Disabilities, and Hospitals
3 Central Management
4 General Revenues 816,045 159,398 975,443
5 Federal Funds 429,446 119,963 549,409
6 Total - Central Management 1,245,491 279,361 1,524,852
7 Hospital and
Community
System Support
8 General Revenues 1,592,216 (12,399) 1,579,817
9 Restricted
Receipts 734,152 182,570 916,722
10 Rhode Island Capital Plan Funds
11 Medical Center Rehabilitation 925,000 (362,000) 563,000
12 Community Facilities Fire Code 325,000 75,000 400,000
13 Total - Hospital and
Community System
14 Support 3,576,368 (116,829) 3,459,539
15 Services for the Developmentally
Disabled
16 General Revenues 109,467,984 519,665 109,987,649
17 Federal Funds 112,094,959 815,775 112,910,734
18 Restricted
Receipts 1,652,750 306,700 1,959,450
19 Rhode Island Capital Plan Funds
20 DD Private Waiver 225,431 (40,866) 184,565
21 Regional Center Repair/Rehabilitation 400,000 (50,000) 350,000
22 MR
Community Facilities/Access to Independence
500,000 (100,011) 399,989
23 Total - Services for the Developmentally
|
24
|
Disabled
|
224,341,124
|
1,451,263
|
225,792,387
|
|
25
|
Behavioral Healthcare Services
|
|
|
26
|
General Revenues
|
39,670,207
|
(294,255)
|
39,375,952
|
|
27
|
Federal Funds
|
53,105,582
|
4,107,101
|
57,212,683
|
|
28
|
Federal Funds – Stimulus
|
232,500
|
(232,500)
|
0
|
|
29
|
Restricted
Receipts
|
125,000
|
0
|
125,000
|
|
30
|
Rhode Island Capital Plan Funds
|
|
|
|
|
31
|
MH
Community Facilities Repair
|
225,000
|
95,000
|
320,000
|
|
32
|
MH
Housing Development-Thresholds
|
800,000
|
0
|
800,000
|
|
33
|
Substance Abuse Asset Production
|
125,000
|
(25,000)
|
100,000
|
|
34
|
Total – Behavioral Healthcare Services
|
94,283,289
|
3,650,346
|
97,933,635
|
1 Hospital and
Community
Rehabilitative Services
2 General Revenues 50,544,930 (1,373,975) 49,170,955
3 Federal Funds 51,897,236 (2,669,009) 49,228,227
4 Restricted
Receipts 4,884,970 1,665,298 6,550,268
5 Rhode Island Capital Plan Funds
6 Zambarano
Buildings
and
Utilities 150,000 0 150,000
7 Hospital Consolidation 3,000,000 (1,400,000) 1,600,000
8 BHDDH
Administrative
Buildings 3,000,000 140,000 3,140,000
9 MR
Community Facilities 925,000 89,831 1,014,831
10 Total - Hospital and
Community
11 Rehabilitative
Services 114,402,136 (3,547,855) 110,854,281
12 Grand Total –
Behavioral Healthcare,
13 Developmental Disabilities, and
Hospitals 437,848,408 1,716,286 439,564,694
14 Office of the Child
Advocate
15 General Revenues 608,651 (33,174) 575,477
16 Federal Funds 39,997 10,003 50,000
17 Grand Total –
Office
of the Child
Advocate 648,648 (23,171) 625,477
18 Commission
on the
Deaf and Hard of Hearing
19 General Revenues 391,609 (2,342) 389,267
20 Restricted
Receipts 80,000 0 80,000
21 Grand Total –
Com.
on Deaf and Hard
of
22 Hearing 471,609 (2,342) 469,267
23 Governor's Commission on
Disabilities
24 General Revenues 357,711 (1,359) 356,352
25 Federal Funds 129,989 26,341 156,330
26 Restricted
Receipts 10,365 5,565 15,930
27 Rhode Island Capital Plan Funds
28 Accessibility to
Disability Service Providers 247,938 (247,938) 0
29 Accessibility Fire
Safety Renovations 115,833 (115,833) 0
30 Accessibility to
Higher Education 593,500 (593,500) 0
31 Handicapped Accessibility 0 550,000 550,000
32 Grand Total - Governor's Commission on
33 Disabilities 1,455,336 (376,724) 1,078,612
34 Office
of
the Mental Health Advocate General Revenues 486,144 (2,428) 483,716
1 Elementary and Secondary
Education
2 Administration
of
the Comprehensive Education
Strategy
3 General Revenues 19,826,703 (737,487) 19,089,216
4 Federal Funds 192,856,736 5,787,982 198,644,718
5 Federal Funds – Stimulus 19,956,823 (3,015,906) 16,940,917
6 RTTT LEA Share 11,022,400 210,345 11,232,745
7 Restricted
Receipts 1,400,286 (216,874) 1,183,412
8 HRIC Adult Education Grants 3,800,000 0 3,800,000
9 Rhode Island Capital Plan Funds
10 State-Owned
Cranston 872,583 0 872,583
11 State-Owned
East Providence 175,000 0 175,000
12 State-Owned
Warwick 500,000 35,040 535,040
13 State-Owned
Woonsocket 1,575,000 (1,375,000) 200,000
14 Total – Administration
of the Comprehensive
15 Education
Strategy 251,985,531 688,100 252,673,631
16 Davies Career
and Technical School
17 General Revenues 12,792,048 0 12,792,048
18 Federal Funds 1,384,139 (16,880) 1,367,259
19 Federal Funds – Stimulus 123,877 42,137 166,014
20 Restricted
Receipts 2,564,848 353,003 2,917,851
21 Rhode Island Capital Plan Funds
22 Davies HVAC 830,271 192,265 1,022,536
23 Davies Asset Protection 95,000 1,131,038 1,226,038
24 Davies School Roof Repairs 0 330,000 330,000
25 Total - Davies Career and Technical School 17,790,183 2,031,563 19,821,746
26 RI School for the
Deaf
27 General Revenues 6,070,194 (165,622) 5,904,572
28 Federal Funds 281,867 24,488 306,355
29 Federal Funds – Stimulus 120,812 45,732 166,544
30 Restricted
Receipts 300,000 233,629 533,629
31 Other Funds 0 59,000 59,000
32 Total - RI School for the Deaf 6,772,873 197,227 6,970,100
33 Metropolitan Career and Technical School
34 General Revenues 11,085,049 0 11,085,049
1 Rhode Island Capital Plan Funds
2 MET
School East Bay 2,580,000 2,902,642 5,482,642
3 MET
Asset Protection 100,000 0 100,000
4 MET
School HVAC 833,333 506,010 1,339,343
5 Total – Metropolitan
Career and Technical
6 School 14,598,382 3,408,652 18,007,034
7 Education Aid
8 General Revenues 724,892,567 (75,078) 724,817,489
9 Restricted
Receipts 19,593,382 (1,434,382) 18,159,000
10 Permanent School Fund – Education
Aid 300,000 (59,000) 241,000
11 Total – Education
Aid 744,785,949 (1,568,460) 743,217,489
12 Central Falls
School District General Revenues 38,399,591 0 38,399,591
13 Housing Aid General Revenues 69,949,504 (2,286,468) 67,663,036
14 Teachers' Retirement General Revenues 81,691,253 (1,144,667) 80,546,586
15 Grand Total - Elementary and
Secondary
16 Education 1,225,973,266 1,325,947 1,227,299,213
17 Public Higher Education
18 Office of Higher Education
19 General Revenues 4,994,523 (3,951) 4,990,572
20 Federal Funds 6,190,306 (1,158,112) 5,032,194
21 Total - Office of Higher Education 11,184,829 (1,162,063) 10,022,766
22 University
of
Rhode Island
23 General Revenues
|
24
|
General Revenues
|
64,086,076
|
(122,375)
|
63,963,701
|
25 The University of Rhode
Island
shall
maintain tuition charges
in the 2013 – 2014
26 academic year at the same level as the 2012 – 2013 academic year. The University shall not
27 decrease internal student financial aid in the 2013 – 2014 academic year below the level of the
28 2012 – 2013
academic year. The President of the
institution shall report,
prior
to the
29 commencement of the 2013 – 2014 academic year, to the chair of the Rhode Island Board of
30 Education that such tuition charges and student aid levels have been achieved at the start of FY
31 2014 as prescribed
above.
32 Debt Service 20,585,263 (399,479) 20,185,784
33 State
Crime Lab 1,027,327 (3,781) 1,023,546
34 University and
College Funds
|
1
|
University and
College Funds
|
600,530,024
|
5,674,407
|
606,204,431
|
|
2
|
Debt – Dining Services
|
1,160,911
|
(45,246)
|
1,115,665
|
|
3
|
Debt – Education and General
|
3,304,053
|
(122,041)
|
3,182,012
|
|
4
|
Debt – Health Services
|
152,595
|
(16,413)
|
136,182
|
|
5
|
Debt – Housing Loan Funds
|
11,049,281
|
(362,824)
|
10,686,457
|
|
6
|
Debt – Memorial Union
|
301,628
|
3,980
|
305,608
|
|
7
|
Debt – Ryan Center
|
2,798,704
|
5,367
|
2,804,071
|
|
8
|
Debt – Alton Jones Services
|
115,305
|
157
|
115,462
|
|
9
|
Debt - Parking Authority
|
1,040,836
|
(95,810)
|
945,026
|
|
10
|
Debt – Sponsored
Research
|
100,238
|
(16,201)
|
84,037
|
|
11
|
Debt – Energy Conservation
|
2,905,496
|
(501,296)
|
2,404,200
|
|
12 Rhode Island Capital Plan Funds
|
|
13
|
Asset Protection
|
7,357,500
|
0
|
7,357,500
|
|
14
|
Fire and
Safety Protection
|
10,100,000
|
0
|
10,100,000
|
|
15
|
Nursing Education Center
|
2,500,000
|
(700,000)
|
1,800,000
|
|
16
|
New Chemistry Building
|
0
|
703,810
|
703,810
|
|
17
|
Fire Arts
Center Advanced Planning
|
0
|
55,231
|
55,231
|
|
18
|
Biotechnology Center
|
0
|
270,220
|
270,220
|
|
19
|
Total – University of Rhode Island
|
729,115,237
|
4,327,706
|
733,442,943
|
20 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
21 unencumbered balances as of June 30, 2014 relating to the University of Rhode Island are hereby
22 reappropriated
to
fiscal year 2015.
23 Rhode Island
College
24 General Revenues
25 General Revenues 39,004,298 (114,389) 38,889,909
26 Rhode Island College shall maintain tuition charges in the 2013 – 2014 academic year at
27 the same level as the 2012 – 2013 academic year. The College shall not decrease internal student
28 financial aid in the 2013 – 2014 academic year below the level of the 2012
– 2013 academic year.
29 The President of the institution shall report, prior to the commencement of the 2013 – 2014
30 academic year, to the chair of the Rhode Island Board of Education that such tuition charges and
31 student aid levels
have
been achieved at the
start of FY 2014 as
prescribed above.
|
32
|
Debt Service
|
3,887,576
|
(333,351)
|
3,554,225
|
33 Other Funds
|
34
|
University and College
Funds
|
110,482,163
|
(279,282)
|
110,202,881
|
|
1
|
Debt – Education and General
|
886,640
|
0
|
886,640
|
|
2
|
Debt – Housing
|
2,050,004
|
0
|
2,050,004
|
|
3
|
Debt – Student Center and Dining
|
172,078
|
0
|
172,078
|
|
4
|
Debt – Student Union
|
234,113
|
0
|
234,113
|
|
5
|
Debt – G.O.
Debt Service
|
1,638,017
|
0
|
1,638,017
|
|
6 Rhode Island Capital Plan Funds
|
|
7
|
Asset Protection
|
2,843,250
|
407,491
|
3,250,741
|
|
8
|
Infrastructure Modernization
|
5,000,000
|
(1,000,000)
|
4,000,000
|
|
9
|
New Art Center Advanced Planning
|
0
|
103,162
|
103,162
|
10 Total – Rhode Island College 166,198,139 (1,216,369) 164,981,770
11 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
12 unencumbered
balances as
of
June
30,
2014
relating
to Rhode
Island
College
are hereby
13 reappropriated
to
fiscal year 2015.
14 Community
College of Rhode Island
15 General Revenues
16 General Revenues 44,589,076 (155,790) 44,433,286
17 The Community College of Rhode Island College shall maintain tuition charges in the
18 2013 – 2014 academic year at the same level as the 2012 – 2013 academic year. The Community
19 College shall not decrease internal student financial aid in the 2013 – 2014 academic year below
20 the level of the 2012 – 2013 academic year. The President of the institution shall report, prior to
21 the commencement of the 2013 – 2014 academic year, to the chair of the Rhode Island Board of
22 Education that such tuition charges and student aid levels have been achieved at the start of FY
23 2014 as prescribed
above.
24 Debt Service 1,839,656 0 1,839,656
25 Restricted
Receipts 702,583 0 702,583
26 Other Funds
27 University and College
Funds 100,333,007 2,102,805 102,435,812
28 Debt –
Bookstore 28,443 0 28,443
29 CCRI Debt Service – Energy Conservation 1,289,480 (483,555) 805,925
30 Rhode Island Capital Plan Funds
31 Asset Protection 2,093,500 0 2,093,500
32 Knight Campus
Renewal 125,000 0 125,000
33 Total – Community College of RI 151,000,745 1,463,460 152,464,205
34 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
1 unencumbered balances as of June 30, 2014 relating to the Community College of Rhode Island
2 are hereby reappropriated to
fiscal year 2015.
3 Grand Total –
Public Higher Education 1,057,498,950 3,412,734 1,060,911,684
4 RI State Council on the Arts
5 General Revenues
6 Operating Support 423,973 (18,039) 405,934
7 Grants 911,657 (7,083) 904,574
8 Federal Funds 797,329 (649) 796,680
9 Other Funds
10 Arts for Public
Facilities 632,536 0 632,536
11 Grand Total - RI State
Council on the
Arts 2,765,495 (25,771) 2,739,724
12 RI Atomic Energy Commission
13 General Revenues 861,710 (4,940) 856,770
14 Federal Funds 267,044 (206,320) 60,724
15 Other Funds
16 URI Sponsored
Research 257,977 0 257,977
17 Rhode Island Capital Plan Funds
18 RINSC Asset Protection 50,000 0 50,000
19 Grand Total - RI Atomic Energy Commission 1,436,731 (211,260) 1,225,471
20 RI Higher Education Assistance Authority
21 General Revenues
22 Needs Based
Grants
and
Work Opportunities 4,134,726 51,597 4,186,323
23 Authority Operations and Other Grants 147,000 0 147,000
24 Federal Funds 13,274,020 (957,506) 12,316,514
25 Other Funds
26 Tuition Savings
Program –
Needs Based Grants 8,800,000 (800,000) 8,000,000
27 Tuition Savings
Program –
Administration 407,989 (77,907) 330,082
28 Grand Total –
RI
Higher Education
29 Assistance Authority 26,763,735 (1,783,816) 24,979,919
30 RI Historical Preservation and
Heritage Commission
31 General Revenues 1,357,510 (16,714) 1,340,796
32 Federal Funds 609,949 1,565,473 2,175,422
33 Restricted
Receipts 454,491 3,329 457,820
34 Other Funds
1 RIDOT –
Project Review 84,999 (16,310) 68,689
2 Rhode Island Capital Plan Funds
3 Eisenhower House Asset Protection 1,000,000 (820,000) 180,000
4 Grand Total –
RI
Historical Preservation
5 and
Heritage Commission 3,506,949 715,778 4,222,727
6 Attorney General
7 Criminal
8 General Revenues 14,446,868 (240,216) 14,206,652
9 Federal Funds 1,619,532 1,202,380 2,821,912
10 Restricted
Receipts 4,440,620 10,880,185 15,320,805
11 Total – Criminal 20,507,020 11,842,349 32,349,369
12 Civil
13 General Revenues 4,985,425 348,534 5,333,959
14 Restricted
Receipts 632,970 2,900 635,870
15 Total – Civil 5,618,395 351,434 5,969,829
16 Bureau of Criminal Identification
17 General Revenues 1,503,119 21,106 1,524,225
18 Federal Funds 0 7,178 7,178
19 Total – Bureau of Criminal Identification 1,503,119 28,284 1,531,403
20 General
21 General Revenues 2,721,567 9,391 2,730,958
22 Rhode Island Capital Plan Funds
23 Building Renovations and Repairs 50,000 191,805 241,805
24 Total – General 2,771,567 201,196 2,972,763
25 Grand Total - Attorney General 30,400,101 12,423,263 42,823,364
26 Corrections
27 Central Management
28 General Revenues 9,077,039 (877,921) 8,199,118
29 Federal Funds 45,094 609,684 654,778
30 Federal Funds – Stimulus 10,770 (10,770) 0
31 Total – Central Management 9,132,903 (279,007) 8,853,896
32 Parole Board
33 General Revenues 1,354,433 (76,812) 1,277,621
34 Federal Funds 38,000 0 38,000
1 Total – Parole
Board 1,392,433 (76,812) 1,315,621
2 Custody
and Security
3 General Revenues 115,418,407 2,311,770 117,730,177
4 Federal Funds 761,526 210,013 971,539
5 Total – Custody and Security 116,179,933 2,521,783 118,701,716
6 Institutional Support
7 General Revenues 15,728,306 198,384 15,926,690
8 Rhode Island Capital Plan Funds
9 Asset Protection 3,000,000 1,292,068 4,292,068
10 Maximum – General Renovations 1,100,000 778,624 1,878,624
11 General Renovations –
Women’s 1,000,000 (133,143) 866,857
12 Bernadette Guay Roof 1,165,000 (1,075,000) 90,000
13 ISC Exterior Envelope
and
HVAC 4,000,000 (3,559,673) 440,327
14 Minimum Security Kitchen Expansion 2,485,392 (2,435,392) 50,000
15 Medium Infrastructure 4,719,359 (4,319,359) 400,000
16 Women’s
Bathroom Renovations 0 116,148 116,148
17 D-Building State Match – Reintegration
C 0 220,022 220,022
18 Total - Institutional Support 33,198,057 (8,917,321) 24,280,736
19 Institutional Based Rehab./Population
Management
20 General Revenues 9,129,775 75,133 9,204,908
21 Federal Funds 794,918 (12,853) 782,065
22 Federal Funds – Stimulus 64,394 (64,311) 83
23 Restricted
Receipts 29,758 (894) 28,864
24 Total – Institutional Based Rehab/Pop/Mgt. 10,018,845 (2,925) 10,015,920
25 Healthcare Services General Revenues 19,639,269 (215,609) 19,423,660
26 Community
Corrections
27 General Revenues 15,031,969 (162,101) 14,869,868
28 Federal Funds 73,986 43,267 117,253
29 Restricted
Receipts 35,132 2,157 37,289
30 Total – Community Corrections 15,141,087 (116,677) 15,024,410
31 Grand Total –
Corrections 204,702,527 (7,086,568) 197,615,959
32 Judiciary
33 Supreme Court
34 General Revenues 26,221,542 (99,073) 26,122,469
|
1
|
Defense of Indigents
|
3,562,240
|
(20,000)
|
3,542,240
|
|
2
|
Federal Funds
|
272,163
|
(81,512)
|
190,651
|
|
3
|
Restricted
Receipts
|
3,356,909
|
51,563
|
3,408,472
|
|
4
|
Rhode Island Capital Plan Funds
|
|
|
|
|
5
|
Judicial HVAC
|
425,000
|
197,271
|
622,271
|
|
6
|
Judicial Complexes Asset Protection
|
650,000
|
182,719
|
832,719
|
|
7
|
Murray Judicial Complex Cell Block
|
440,000
|
290,293
|
730,293
|
|
8
|
Total - Supreme
Court
|
34,927,854
|
521,261
|
35,449,115
|
|
9
|
Judicial Tenure and
Discipline General Revenues
|
115,627
|
(573)
|
115,054
|
|
10
|
Superior Court
|
|
|
|
|
11
|
General Revenues
|
22,294,581
|
(364,700)
|
21,929,881
|
|
12
|
Federal Funds
|
94,205
|
44,956
|
139,161
|
|
13
|
Restricted
Receipts
|
306,723
|
(4,345)
|
302,378
|
|
14
|
Total - Superior
Court
|
22,695,509
|
(324,089)
|
22,371,420
|
|
15
|
Family Court
|
|
|
|
|
16
|
General Revenues
|
18,851,385
|
141,452
|
18,992,837
|
|
17
|
Federal Funds
|
2,257,880
|
(177,109)
|
2,080,771
|
|
18
|
Total - Family Court
|
21,109,265
|
(35,657)
|
21,073,608
|
|
19
|
District Court
|
|
|
|
|
20
|
General Revenues
|
12,545,634
|
(423,287)
|
12,122,347
|
|
21
|
Restricted
Receipts
|
297,822
|
(5,020)
|
292,802
|
|
22
|
Total - District Court
|
12,843,456
|
(428,307)
|
12,415,149
|
|
23
|
Traffic Tribunal General Revenues
|
8,090,350
|
490,228
|
8,580,578
|
|
24
|
Workers' Compensation
Court Restricted Receipts
|
7,842,060
|
(7,530)
|
7,834,530
|
|
25
|
Grand Total – Judiciary
|
107,624,121
|
215,333
|
107,839,454
|
26 Military
Staff
27 National Guard
28 General Revenues 1,361,037 315,776 1,676,813
29 Federal Funds 14,816,306 (322,293) 14,494,013
30 Restricted
Receipts 300,000 263,000 563,000
31 Rhode Island Capital Plan Funds
32 AMC – Roof Replacement 280,000 (140,000) 140,000
33 State
Armories Fire Code Compliance 20,250 14,750 35,000
34 Federal Armories Fire
Code
Compliance 20,250 (16,150) 4,100
|
1
|
Asset Protection
|
775,000
|
(132,102)
|
642,898
|
|
2
|
Logistics/Maintenance Facilities Fire Code
Comp.
|
12,500
|
(2,500)
|
10,000
|
|
3
|
Benefit Street Arsenal Rehabilitation
|
800,000
|
(375,000)
|
425,000
|
|
4
|
Hurricane
Sandy Cleanup
|
1,500,000
|
88,702
|
1,588,702
|
|
5
|
Command Center Readiness Addition
|
0
|
168,458
|
168,458
|
|
6
|
Emergency Management Building
|
0
|
29,643
|
29,643
|
|
7
|
Burrillville Regional Training
Institute
|
0
|
30,290
|
30,290
|
|
8
|
Camp
Fogarty Amory Roof
|
0
|
406,367
|
406,367
|
9 Total - National Guard 19,885,343 328,941 20,214,284
10 Emergency
Management
11 General Revenues 2,508,946 (620,722) 1,888,224
12 Federal Funds 20,062,446 6,773,663 26,836,109
13 Restricted
Receipts 700,779 (492,721) 208,058
14 Total - Emergency Management 23,272,171 5,660,220 28,932,391
15 Grand Total - Military Staff 43,157,514 5,989,161 49,146,675
16 Public Safety
17 Central Management
18 General Revenues 1,240,692 (55,255) 1,185,437
19 Federal Funds 4,032,164 682,295 4,714,459
20 Federal Funds – Stimulus 73,809 0 73,809
21 Restricted
Receipts 850 19,150 20,000
22 Total – Central Management 5,347,515 646,190 5,993,705
23 E-911 Emergency
Telephone System General Revenues 5,488,731 (44,435) 5,444,296
24 State Fire Marshal
25 General Revenues 2,894,425 (168,764) 2,725,661
26 Federal Funds 0 521,668 521,668
27 Restricted
Receipts 277,338 131,417 408,755
28 Rhode Island Capital Plan Funds
29 Fire Academy 800,000 (583,500) 216,500
30 Quonset Development Corp 55,303 64 55,367
31 Total - State Fire Marshal 4,027,066 (99,115) 3,927,951
32 Security
Services General Revenues 21,814,553 (1,018,213) 20,796,340
33 Municipal Police Training Academy
34 General Revenues 293,022 (56,618) 236,404
|
1
|
Federal Funds
|
269,151
|
21,249
|
290,400
|
|
2
|
Restricted
Receipts
|
0
|
60,000
|
60,000
|
|
3
|
Total - Municipal Police Training Academy
|
562,173
|
24,631
|
586,804
|
|
4
|
State Police
|
|
|
|
|
5
|
General Revenues
|
64,630,376
|
(754,641)
|
63,875,735
|
|
6
|
Federal Funds
|
1,780,411
|
3,208,609
|
4,989,020
|
|
7
|
Federal Funds – Stimulus
|
0
|
155,000
|
155,000
|
|
8
|
Restricted
Receipts
|
12,475,000
|
(110,000)
|
12,365,000
|
|
9
|
Rhode Island Capital Plan Funds
|
|
|
|
|
10
|
Barracks
and Training
|
1,409,743
|
(1,152,426)
|
257,317
|
|
11
|
Headquarters
Repairs/Rehabilitation
|
500,000
|
(292,000)
|
208,000
|
|
12
|
Parking Area Improvements
|
225,000
|
137,967
|
362,967
|
|
13
|
HQ
Expansion
|
210,000
|
227,044
|
437,044
|
|
14
|
Statewide Microwave Tower Installations
|
0
|
21,377
|
21,377
|
|
15
|
Traffic Enforcement - Municipal
Training
|
130,150
|
4,350
|
134,500
|
|
16
|
Lottery Commission
Assistance
|
1,558,727
|
(249,498)
|
1,309,229
|
|
17
|
Airport Corporation
|
240,304
|
(51,155)
|
189,149
|
|
18
|
Road Construction Reimbursement
|
3,078,000
|
(143,000)
|
2,935,000
|
|
19
|
Total - State Police
|
86,237,711
|
1,001,627
|
87,239,338
|
|
20
|
Grand Total –
Public Safety
|
123,477,749
|
510,685
|
123,988,434
|
|
21 Office of Public
Defender
|
|
22
|
General Revenues
|
11,034,686
|
(174,275)
|
10,860,411
|
|
23
|
Federal Funds
|
291,996
|
(34,910)
|
257,086
|
|
24
|
Grand Total - Office of Public
Defender
|
11,326,682
|
(209,185)
|
11,117,497
|
25 Environmental Management
26 Office of the Director
|
27
|
General Revenues
|
4,575,920
|
(95,543)
|
4,480,377
|
|
28
|
Permit Streamlining
|
33,414
|
0
|
33,414
|
|
29
|
Federal Funds
|
150,000
|
0
|
150,000
|
|
30
|
Federal Funds – Stimulus
|
0
|
355,000
|
355,000
|
|
31
|
Restricted
Receipts
|
2,929,180
|
394,800
|
3,323,980
|
|
32
|
Total – Office of
the Director
|
7,688,514
|
654,257
|
8,342,771
|
|
33 Natural Resources
|
|
34
|
General Revenues
|
18,718,638
|
(360,012)
|
18,358,626
|
|
1
|
Federal Funds
|
27,119,465
|
(911,571)
|
26,207,894
|
|
2
|
Restricted
Receipts
|
6,594,688
|
72,630
|
6,667,318
|
|
3
|
Other Funds
|
|
|
|
|
4
|
DOT
Recreational Projects
|
370,428
|
1,244,927
|
1,615,355
|
|
5
|
Blackstone Bikepath
Design
|
2,060,087
|
0
|
2,060,087
|
|
6
|
Transportation MOU
|
78,579
|
0
|
78,579
|
|
7
|
Rhode Island Capital Plan Funds
|
|
|
|
|
8
|
Dam Repair
|
1,300,000
|
0
|
1,300,000
|
|
9
|
Fort Adams
Rehabilitation
|
500,000
|
(400,000)
|
100,000
|
|
10
|
Fort Adams
America’s Cup
|
3,883,558
|
(2,000,000)
|
1,883,558
|
|
11
|
Recreational Facilities
Improvements
|
3,390,000
|
(600,000)
|
2,790,000
|
|
12
|
Galilee Piers Upgrade
|
2,696,307
|
(944,997)
|
1,751,310
|
|
13
|
Newport Piers
|
250,000
|
(200,000)
|
50,000
|
|
14
|
World
War II Facility
|
2,600,000
|
(2,600,000)
|
0
|
|
15
|
Blackstone Valley Bike Path
|
596,000
|
(505,170)
|
90,830
|
|
16
|
Natural Resources Office/Visitor’s Center
|
1,800,000
|
(1,523,560)
|
276,440
|
|
17
|
Rocky Point Acquisition/Renovations
|
2,500,000
|
(2,400,000)
|
100,000
|
|
18
|
Total - Natural Resources
|
74,457,750
|
(11,127,753)
|
63,329,997
|
|
19 Environmental Protection
|
|
20
|
General Revenues
|
11,428,346
|
(164,643)
|
11,263,703
|
|
21
|
Federal Funds
|
11,122,266
|
(434,824)
|
10,687,442
|
|
22
|
Restricted
Receipts
|
8,557,647
|
352,505
|
8,910,152
|
|
23
|
Other Funds
|
|
|
|
|
24
|
Transportation MOU
|
165,000
|
0
|
165,000
|
|
25
|
Retrofit Heavy-Duty Diesel Vehicles
|
2,760,000
|
(2,500,000)
|
260,000
|
|
26
|
Total - Environmental Protection
|
34,033,259
|
(2,746,962)
|
31,286,297
|
|
27
|
Grand Total - Environmental
|
|
|
|
|
28
|
Management
|
116,179,523
|
(13,220,458)
|
102,959,065
|
29 Coastal Resources
Management Council
30 General Revenues 2,174,331 (15,595) 2,158,736
31 Federal Funds 1,754,919 (91,186) 1,663,733
32 Federal Funds – Stimulus 405,674 146,548 552,222
33 Restricted
Receipts 374,982 (124,982) 250,000
34 Grand Total - Coastal Resources Mgmt.
1 Council 4,709,906 (85,215) 4,624,691
2 Transportation
3 Central Management
4 Federal Funds 11,307,723 92,264 11,399,987
5 Other Funds
6 Gasoline Tax 1,455,983 237,729 1,693,712
7 Total – Central Management 12,763,706 329,993 13,093,699
8 Management and
Budget
9 Other Funds
|
10
|
Gasoline Tax
|
1,549,669
|
616,312
|
2,165,981
|
11 Total – Management and Budget 1,549,669 616,312 2,165,981
12 Infrastructure Engineering
– GARVEE/Motor Fuel Tax Bonds
13 Federal Funds 293,587,942 37,317,619 330,905,561
14 Of these federal funds, $1,790,000
is appropriated to the Public Rail Corporation from
15 CMAQ federal funds for the payment of liability insurance.
16 Federal Funds – Stimulus 6,865,921 5,856,068 12,721,989
17 Restricted
Receipts 8,010,496 (1,141,546) 6,868,950
18 Other Funds
19 Gasoline Tax 53,061,714 76,284 53,137,998
20 Land
Sale
Revenue 14,809,264 (5,709,183) 9,100,081
21 Rhode Island Capital Plan Funds
22 RIPTA - Land
and Buildings 104,000 115,261 219,261
23 Highway Project Match Plan 21,135,000 (13,398,640) 7,736,360
24 Total – Infrastructure Engineering
25 GARVEE/Motor Fuel Tax Bonds 397,574,337 23,115,863 420,690,200
26 Infrastructure Maintenance
27 Other Funds
28 Gasoline Tax 42,251,075 1,653,457 43,904,532
29 Non-Land
Surplus Property 125,000 (75,000) 50,000
30 Outdoor Advertising 175,000 150,000 325,000
31 Rhode Island Capital Plan Funds
32 Maintenance Facilities
Improvements 776,210 (285,956) 490,254
33 Salt Storage Facilities 1,500,000 (828,565) 671,435
34 Portsmouth Facility 1,835,000 (1,335,000) 500,000
|
1
|
Maintenance Equipment Replacement
|
1,000,000
|
1,000,000
|
2,000,000
|
|
2
|
Train Station Maintenance and Repairs
|
100,000
|
(2,126)
|
97,874
|
|
3
|
RIPTA - Cooperative
Maintenance Facility
|
600,000
|
(600,000)
|
0
|
|
4
|
Cherry Hill/Lincoln
Facility
|
0
|
481,007
|
481,007
|
|
5
|
East Providence Facility
|
0
|
150,000
|
150,000
|
|
6
|
Maintenance Facility Fire Alarms
|
0
|
17,187
|
17,187
|
|
7
|
Total – Infrastructure Maintenance
|
48,362,285
|
325,004
|
48,687,289
|
|
8
|
Grand Total – Transportation
|
460,249,997
|
24,387,172
|
484,637,169
|
|
9
|
Statewide Totals
|
|
|
|
|
10
|
General Revenues
|
3,359,755,123
|
(7,356,564)
|
3,352,398,559
|
|
11
|
Federal Funds
|
2,717,673,430
|
210,814,247
|
2,928,487,677
|
|
12
|
Restricted
Receipts
|
255,035,912
|
23,677,581
|
278,713,493
|
|
13
|
Other Funds
|
1,880,597,557
|
28,502,015
|
1,909,099,572
|
|
14
|
Statewide Grand Total
|
8,213,062,022
|
255,637,279
|
8,468,699,301
|
15 SECTION
2. Each line
appearing
in Section
1
of this
Article shall constitute an
16 appropriation.
17 SECTION 3. The general assembly
authorizes the state controller to establish the
internal
18 service accounts shown below, and no other, to finance and account for the operations of state
19 agencies that provide services to other agencies, institutions and other governmental units on a
20 cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
21 managed in a businesslike manner, promote efficient use of services by making agencies pay the
22 full costs associated with providing the services, and allocate the costs of central administrative
23 services across all fund types, so that federal and other non-general fund programs share in the
24 costs of general government support. The controller is authorized to reimburse these accounts for
25 the cost
of
work
or services performed
for any other
department
or
agency
subject to
the
26 following expenditure limitations:
27 FY 2014 FY 2014 FY
2014
28 Account Enacted Change Final
29 State
Assessed Fringe
Benefit Internal Service Fund 33,644,675 2,053,134 35,697,809
30 Administration
Central Utilities Internal Service Fund 20,253,728 (6,015,271) 14,238,457
31 State
Central Mail Internal Service Fund 5,336,633 183,170 5,519,803
32 State Telecommunications Internal Service Fund 4,084,660 (31,222) 4,053,438
33 State
Automotive Fleet Internal Service Fund 13,668,556 (263,198) 13,405,358
34 Surplus
Property Internal Service Fund 2,500 0 2,500
|
1
|
Health Insurance
Internal
Service
Fund
|
250,127,757
|
0
|
250,127,757
|
|
2
|
Other Post-Employment Benefits
Fund
|
|
|
|
|
3
|
Retired
State
Employees
|
49,727,160
|
(518,377)
|
49,208,783
|
|
4
|
Retired
Higher Education Employees
|
2,536,462
|
0
|
2,536,462
|
|
5
|
Retired Teachers
|
7,531,279
|
0
|
7,531,279
|
|
6
|
Retired
State
Police
|
3,073,102
|
0
|
3,073,102
|
|
7
|
Retired
Legislators
|
772,532
|
0
|
772,532
|
|
8
|
Retired Judges
|
931,493
|
0
|
931,493
|
|
9
|
Capital Police Internal Service Fund
|
872,233
|
147,688
|
1,019,921
|
|
10
|
Corrections Central Distribution Center Internal
|
|
|
|
|
11
|
Service Fund
|
6,701,947
|
569,518
|
7,271,465
|
|
12
|
Correctional Industries Internal Service Fund
|
8,341,086
|
(750,581)
|
7,590,505
|
|
13
|
Secretary of State Record
Center Internal Service Fund
|
869,457
|
(3,166)
|
866,291
|
14 SECTION 4. Departments and agencies listed below may not exceed the number of full-
15 time
equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
16 not include seasonal or intermittent positions whose scheduled period of employment does not
17 exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
18 twenty-five (925)
hours,
excluding overtime, in
a
one-year period. Nor
do they include
19 individuals
engaged
in training, the
completion
of
which
is a prerequisite of employment.
20 Provided, however, that the Governor or designee, Speaker of the House of Representatives or
21 designee, and the
President
of
the
Senate
or
designee may
authorize an adjustment to
any
22 limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
23 recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
24 copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
25 the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
26 Senate Fiscal Advisor.
27 State employees whose funding is from non-state general revenue funds that are time
28 limited shall receive limited term appointment with the term limited to the availability of non-
29 state general revenue funding source.
30 FY 2014 FTE POSITION AUTHORIZATION
31 Departments and
Agencies Full-Time Equivalent
32 Administration 720.7
33 Business Regulation 94.0
34 Labor and Training 392.0 410.0
|
1
|
Revenue
|
492.0
|
|
2
|
Legislature
|
298.5
|
|
3
|
Office of the
Lieutenant Governor
|
8.0
|
|
4
|
Office of the
Secretary of State
|
57.0
|
|
5
|
Office of the
General Treasurer
|
83.0
|
|
6
|
Board of Elections
|
11.0
|
|
7
|
Rhode Island Ethics
Commission
|
12.0
|
|
8
|
Office of the
Governor
|
45.0
|
|
9
|
Commission for Human
Rights
|
14.5
|
|
10
|
Public Utilities Commission
|
49.0
|
|
11
|
Office of Health and Human
Services
|
184.0
|
|
12
|
Children,
Youth, and Families
|
670.5
|
|
13
|
Health
|
494.1 491.1
|
|
14
|
Human
Services
|
959.1
|
|
15
|
Behavioral Health, Developmental Disabilities, and Hospitals
|
1,423.4 1,422.4
|
|
16
|
Office of the
Child Advocate
|
6.0
|
|
17
|
Commission on the
Deaf and Hard
of
Hearing
|
3.0
|
|
18
|
Governor's Commission
on Disabilities
|
4.0
|
|
19
|
Office of the
Mental Health Advocate
|
3.7
|
|
20
|
Elementary and Secondary Education
|
171.4
|
|
21
|
School for the Deaf
|
60.0
|
|
22
|
Davies Career and Technical School
|
126.0
|
|
23
|
Office of Higher Education
|
13.8 12.8
|
24 Provided that 1.0 of the total authorization would be available only for positions that are
25 supported by third-party funds.
26 University of Rhode Island 2,456.5
27 Provided that 593.2 of the total authorization would be available only for positions that
28 are supported by third-party funds.
29 Rhode Island College 923.6
30 Provided that 82.0 of the total authorization would be
available only for positions that are
31 supported by third-party funds.
32 Community College
of Rhode Island 854.1
33 Provided that 100.0 of the total authorization would be available only for positions that
34 are
supported
by third-party funds.
1 Rhode Island State Council on
the
Arts 6.0
2 RI Atomic
Energy Commission 8.6
3 Higher Education Assistance Authority 23.0
4 Historical Preservation and Heritage Commission 16.6
5 Office of the Attorney General 233.1
6 Corrections 1,419.0
7 Judicial 726.3
8 Military Staff 117.0
9 Public Safety 645.2 634.2
10 Office of the Public Defender 93.0
11 Environmental Management 399.0
12 Coastal Resources Management Council 29.0
13 Transportation 772.6 752.6
14 Total 15,118.3 15,100.3
15 SECTION
5. Notwithstanding any public laws
to the
contrary,
three million,
three
16 hundred twenty thousand, nine hundred seventy nine dollars ($3,320,979) of bond premium
17 deposited into the
Rhode
Island
Capital Plan
Fund in
FY
2014 shall be transferred to
the
18 Municipal Road
and Bridge
Revolving Fund
on or before June
30, 2014.
19 SECTION
6. Notwithstanding
any
general
laws to
the contrary,
the Department
of
20 Administration shall transfer nine hundred twenty-five thousand, four hundred nineteen dollars
21 ($925,419)
from the Restoration
and Replacement
–
Insurance
Coverage
Restricted Receipt
22 account to the
State
General Fund
on or before June 30,
2014.
23 SECTION
7. This
Article
shall take
effect upon
passage.
1 ARTICLE 11
=======
art.011/5/011/4/011/3/011/2/011/1
=======
2 RELATING TO EMPLOYMENT
3 SECTION
1. Section
28-42-84
of
the General Laws
in Chapter 28-42 entitled
4 "Employment Security –
General Provisions" is
hereby amended
to
read as follows:
5 28-42-84. Job development fund – Disbursements –
Unexpended balance. -- (a) The
6 moneys in
the job development fund
shall be used for the following purposes:
7 (1) To reimburse the department of labor and training for the loss of any federal funds
8 resulting from the collection and maintenance of the
fund
by the department;
9 (2) To make refunds
of
contributions
erroneously collected and
deposited
in the fund;
10 (3) To pay any administrative expenses incurred by the department of labor and training
11 associated with the collection
of the
contributions for employers paid pursuant to § 28-43-8.5,
and
12 any other administrative expenses associated with the maintenance of the fund, including the
13 payment of all premiums
upon bonds required pursuant to
§ 28-42-85;
14 (4) To provide for job training, counseling and assessment services, and other related
15 activities and services. Services will include, but
are
not limited to, research, development,
16 coordination, and
training activities to promote workforce development and
business
17 development as established by the human
resource investment council;
18 (5) To support the state's
job
training for economic
development;
19 (6)(i) Beginning January 1, 2001, two hundredths of one percent (0.02%) out of the
20 twenty-one hundredths of one percent (0.21%) job development assessment paid pursuant to §
21 28-43-8.5 shall be used to support necessary core services in the unemployment insurance and
22 employment services
programs operated by the department of labor and
training; and
23 (ii) Beginning January 1, 2011 and ending in tax year 2015, two hundredths of one
24 percent (0.02%)
out of the
fifty- one hundredths of one
percent (0.51%)
job development
25 assessment paid pursuant to § 28-43-8.5 shall be used to support necessary core services in the
26 unemployment insurance and employment services programs operated by the department of labor
27 and training; and
28 (7) Beginning January 1, 2011 and ending in tax year 2015 2014, three tenths of one
29 percent
(0.3%) out of the fifty-one
hundredths of one percent (0.51%) job development
30 assessment paid pursuant to § 28-43.8.5 28-43-8.5 shall be deposited into a restricted receipt
1 account to be used solely to pay the principal and/or interest due on Title XII advances received
2 from the federal government in accordance with the provisions of Section 1201 of the Social
3 Security Act; provided, however, that if the federal Title XII loans are repaid through a state
4 revenue bond or other financing mechanism, then these funds may also be used to pay the
5 principal and/or interest that accrues on that debt. Any remaining funds in the restricted receipt
6 account, after the outstanding principal and interest due has been paid, shall be transferred to the
7 employment security fund
for
the payment of benefits.
8 (b) The general treasurer shall pay all vouchers duly drawn by the council upon the fund,
9 in any amounts and in any manner that the council may prescribe. Vouchers so drawn upon the
10 fund shall be referred to the controller within the department of administration. Upon receipt of
11 those vouchers, the controller shall immediately record and sign them and shall promptly transfer
12 those signed vouchers to the general treasurer. Those expenditures shall be used solely for the
13 purposes specified in this section and its balance shall not lapse at any time but shall remain
14 continuously available for expenditures consistent with this section. The general assembly shall
15 annually appropriate the
funds
contained
in the fund
for
the use of the
human resource investment
16 council and, in addition, for the use of the department of labor and training effective July 1, 2000,
17 and for the payment of the principal and interest due on federal Title XII loans beginning July 1,
18 2011; provided, however, that if the federal Title XII loans are repaid through a state revenue
19 bond or other financing mechanism, then the funds may also be used to pay the principal and/or
20 interest that accrues on that debt.
21 SECTION
2. Section
28-43-8.5
of
the General Laws
in Chapter 28-43 entitled
22 "Employment Security - Contributions"
is hereby amended to read as follows:
23 28-43-8.5. Job development assessment. -- For
the tax years 2011 through 2014, each
24 employer subject to this chapter shall be required to pay a job development assessment of fifty-
25 one hundredths of one percent (0.51%) of that employer's taxable payroll,
in addition to
any other
26 payment which that employer is required to make under any other provision of this chapter;
27 provided, that the assessment
shall not be considered as part of
the individual employer's
28 contribution rate
for the purpose
of determining the individual
employer's balancing charge
29 pursuant to section 28-43-9; provided, further, upon full repayment of any outstanding principal
30 and/or interest due on Title XII advances received from the federal government in accordance
31 with the provisions of section 1201 of the Social Security Act, including any principal and/or
32 interest that accrues on debt from a state revenue bond or other financing mechanism used to
33 repay the Title XII advances,
then
the job development assessment shall be reduced to
twenty-one
34 hundredths of one percent (0.21%) beginning the tax quarter after the full repayment occurs. The
1 tax rate for all employers subject to the contribution provisions of chapters 42 -- 44 of this title
2 shall be reduced by twenty-one hundredths of one percent (0.21%). For tax year
2015 and
3 subsequent years, each employer subject
to this
chapter shall be required to
pay
a
job
4 development assessment of fifty-one hundredths of one percent (0.51%) twenty-one hundredths
5 of one percent (0.21%) of that employer's taxable payroll,
in addition
to any
other payment which
6 that employer is required to make under any other provision of this chapter; provided, that the
7 assessment shall not be considered as part of the individual employer's contribution rate for the
8 purpose of determining the individual employer's balancing charge pursuant to section 28-43-9.
9 The tax rate for all employers subject to contribution provisions of chapter 42 – 44 of this title
10 shall be reduced by twenty-one hundredths
of one
percent
(0.21%). However, upon full
11 repayment of any outstanding principal and/or interest due on Title XII advances received from
12 the federal government in accordance with the provisions of section 1201 of the Social Security
13 Act, including any principal and/or interest that accrues on debt from a state revenue bond or
14 other financing mechanism used to repay the Title XII advances, then the job development
15 assessment shall be reduced to twenty-one hundredths of one percent (0.21%) beginning the tax
16 quarter after the full repayment occurs.
17 SECTION
3. Section
28-42-18
of
the General Laws
in Chapter 28-42 entitled
18 "Employment Security - General Provisions"
is hereby amended
to read as follows:
19 28-42-18. Establishment of fund. -- (a) There is created the employment security fund,
20 to be administered by the director without liability on the part of the state beyond the amounts
21 paid into
and earned by the fund. This fund shall consist of:
22 (1) All contributions paid pursuant to sections 28-43-16 -- 28-43-22;
23 (2) All other moneys paid into and
received by the
fund;
24 (3) Property and securities acquired by and through the use of moneys belonging to the
25 fund;
26 (4) Interest earned upon the money belonging to
the
fund; and
27 (5) All money credited to this state's account in the unemployment trust fund pursuant to
28 42 U.S.C.
section
1103.
29 (6) Advances from the general fund, authorized by the governor and the director of
30 administration, for the purpose of repaying loans outstanding from the federal government or for
31 paying unemployment insurance benefits due to avoid borrowing from the federal government in
32 a given fiscal year. However, all such advances made to the fund shall be repaid to the general
33 fund, with interest as determined by the general treasurer, within the same
fiscal year.
34 (b) All moneys in
the fund shall be mingled and
undivided.
1 SECTION 4. Chapter 28-12 of the General Laws entitled "Minimum Wages" is hereby
2 amended by
adding thereto the following section:
3 28-12-25. Uniformity. –
No municipality shall establish, mandate, or otherwise require
4 an employer to pay a minimum wage to its employees, other than the state or federal mandated
5 minimum wage, or to apply a state or federal minimum wage law to wages statutorily exempt
6 from a state or federal minimum wage
requirement.
7 SECTION
5. This article shall
take
effect upon passage.
8
=======
art.012/9/012/8/012/7/012/6/012/5/012/4/012/3/012/2/012/1
=======
1 ARTICLE 12
2 RELATING TO REVENUES
3 SECTION 1. Chapter 31-3-6.1 of the General Laws entitled "Registration of Vehicles" is
4 hereby amended by
adding thereto the following section:
5 31-3-6.1.1. Denial of registration- Denial of transfer of registration -- Failure to file
6 tax returns and/or pay taxes. -- (a) On or before October 31 in each year and at least quarterly
7 thereafter, the tax administrator shall furnish the division of motor vehicles, with a list the names,
8 addresses and social security numbers of persons who have neglected or refused to file a tax
9 return(s)
and/or
to pay
any
tax administered
by
the tax administrator and
that
there is
no
10 administrative
or appellate review
pending regarding such
tax matter.
11 (b) Thereafter, the
tax administrator, at the times and in the manner mutually
agreed to by
12 the tax administrator and the administrator of the division of motor vehicles, shall furnish to the
13 division of motor vehicles the names, addresses and social security numbers of those persons
14 whose names appear on that list but who have subsequently filed all required returns and paid all
15 required taxes, interest and attendant penalties in full or entered into a time payment agreement
16 satisfactory to the tax administrator. Upon receipt of said information, said names, addresses and
17 social security numbers of said
persons shall be removed
from
the list.
18 (c) The administrator of the division of motor vehicles shall not register any motor
19 vehicle or transfer the registration of any motor vehicle for any person whose name appears on a
20 list provided by the
tax administrator pursuant to subsection
(a) above until all state
taxes, interest
21 and attendant penalties have been paid in full and the payment has been certified to the division
22 of motor vehicles by the tax
administrator.
23 (d) If the person thereafter files an overdue return and/or remits past taxes due or enters
24 into a satisfactory time payment agreement with respect to any and all returns due and taxes
25 payable, the tax administrator shall, within five (5) business days of the person's request, provide
26 the division of motor vehicles with a certificate of good standing specified in § 5-76-5. Within
27 five (5) business days of receiving such a certificate, the division of motor vehicles shall register
28 or transfer the
person's
registration.
29 (e) If a person files an overdue return and/or remits past due taxes in order to register a
30 motor vehicle or transfer the registration of a motor vehicle, said late filing and/or payment shall
1 not be an admission of a violation of any criminal tax statute regarding late filing and/or late
2 payment. The tax administrator shall not refer such person to the attorney general for prosecution
3 based solely upon said
late filing and/or payment of past due
taxes.
4 SECTION 2. Chapter 44-30 of the General Laws entitled "Personal Income Tax"
is
5 hereby amended by
adding thereto the following section:
6 44-30-100.
Lookup table to
report use tax on personal income
tax
return. -- (a) When
7 reporting the amount of use tax obligation on the Rhode Island personal income return, the
8 taxpayer shall list either the actual amount (from books, records, and other sources), or an
amount
9 using a lookup
table established by the tax
administrator.
10 (b) Establishment of lookup table. (1) The tax administrator shall create the lookup table
11 with reference to a taxpayer's federal adjusted gross income (AGI) as listed on the Rhode Island
12 personal income tax return before modifications, adjustments, or other changes. To determine the
13 amount of use tax from the lookup table, the taxpayer shall multiply 0.0008 by the amount of the
14 taxpayer's
federal
AGI as
listed on the
Rhode
Island
personal
income tax
return
before
15 modifications, adjustments, or other changes.
16 (2) The
AGI income
ranges
within
the lookup table
shall
be
adjusted
by
the tax
17 administrator by December 31 of each calendar year by the percentage, if any, by which the
18 Consumer Price Index for All Urban Consumers (CPI-U) as of the close of the 12-month period
19 ending on August 31 of that year, exceeds the CPI-U as of the close of the 12-month period
20 ending on August 31 of the immediately preceding year. For purposes of the annual calculation,
21 the tax administrator shall be free to substitute an inflation index which is substantially similar to
22 the CPI-U.
23 (3) If a taxpayer uses the lookup table, the taxpayer shall list on the return not only the
24 result from the lookup table, but also the actual amount of each single purchase whose purchase
25 price equals
or exceeds one thousand dollars ($1,000).
26 (4) Instructions for the personal income tax form shall indicate that the use of the lookup
27 table as described in this section is, for the taxpayer, a "safe harbor" alternative to listing the
28 actual amount of the taxpayer's use
tax
obligation.
29 (c) When completing and filing a Rhode Island personal income tax return, the taxpayer
30 shall check a box attesting to the amount of use tax listed on the return. The tax administrator
31 shall direct computer software providers to require the taxpayer or the taxpayer's preparer to
32 proactively check
the box;
software providers
shall
not program
an
automatically
checked
33 attestation
box.
34 (d) The tax administrator shall make clear on personal income tax forms and instructions
1 that use tax is typically due on
internet, mail-order,
and catalog out-of-state purchases.
2 SECTION 3. Title 44 of the General Laws entitled "TAXATION" is hereby amended by
3 adding thereto the following chapter:
4 CHAPTER 69
5 COMPLIANCE OF
PUBLIC EMPLOYEES
WITH STATE
INCOME
TAX ACT
6 44-69-1.
Short title. -- This chapter
shall
be known as the
"Public
Employee Tax
7 Compliance Act".
8 44-69-1. Definitions. -- (a) "Appointing authority" means the person or group of persons
9 having the power by virtue of the constitution, a state statute, or lawfully delegated authority to
10 make appointments.
11 (b) "Employee" or "state or public employee"
means an elected official, appointed officer
12 or employee
of any political subdivision of this state.
13 (c) "State agency" means any office, department, board, commission or institution of the
14 executive, legislative,
higher education or judicial branch
of state government.
15 (d) "Political subdivision"
means any office,
department,
board,
commission or
16 institution of the executive, legislative, education, or, public safety, or judicial branch of any city,
17 town, or school district within
the state.
18 44-69-3.
Administration. -- (a) The department of
administration and all political
19 subdivisions shall, not later than August 1, 2014, and August 1 of each year thereafter, provide to
20 the tax administrator a list of all public employees as of the preceding
July 1 and such identifying
21 information as may be required by the tax administrator. Such list and information shall be used
22 by the tax administrator exclusively for the purpose of collection of income taxes due to the state
23 of Rhode Island.
24 (b) The tax administrator shall, not later than December 1, 2014, and December 1 of each
25 year thereafter, notify any public employee who is not in compliance with the income tax laws of
26 this state. Such
notification shall include:
27 (1) A statement that the employee will be subject to mandatory garnishment of wages by
28 the state controller, unless the taxpayer is deemed by the tax administrator to be in compliance
29 with the income tax laws of this
state;
30 (2) The reasons that the taxpayer is considered to be out of compliance with the income
31 tax laws of this
state, including a statement of the amount of any tax, penalties and interest due, or
32 a list of the tax years
for
which income
tax
returns have not been filed, as required by law;
33 (3) An explanation of the rights of the taxpayer and the procedures which must be
34 followed by the taxpayer in order to come into compliance with the income tax laws of this state;
1 and
2 (4) Such other information as may be deemed necessary by the tax
administrator.
3 (c) A public employee who has entered into and is abiding by a payment agreement, or
4 who has requested relief as an innocent spouse, which request is pending or has been granted,
5 shall be deemed to
be in
compliance with the state income
tax laws for purposes of this section.
6 (d) If the tax administrator notifies a public employee who is not in compliance with the
7 income tax laws of this state as required in this section and such public employee does not
8 respond to such notification or fails to come into compliance with the income tax laws of this
9 state after an assessment has been
made final or after the
Tax Administrator determines that every
10 reasonable effort has been made to assist the public employee to come into compliance with the
11 income tax laws of this state, the tax administrator shall so notify the state controller or political
12 subdivision, which shall commence mandatory garnishment of the public employee's wages and
13 shall notify the state employee of the reason for such action. If a public employee, who has been
14 previously reported by the tax administrator to a state agency or the political subdivision as being
15 out of compliance, comes into compliance, the tax administrator shall immediately notify the
16 state controller or the political subdivision. Neither a state agency or the political subdivision nor
17 an appointing authority shall be held liable for any action with respect to a public employee
18 pursuant to the
provisions
of
this section.
19 SECTION 4. Section 44-33-3 of the General Laws in Chapter 44-33 entitled "Property
20 Tax Relief"
is hereby amended
to
read as follows:
21 44-33-3.
Definitions. -- As used in this chapter:
22 (1) "Claimant"
means a homeowner or renter, sixty-five (65) years of age or older,
23 and/or disabled, who has filed a claim under this chapter and was domiciled in this state for the
24 entire calendar year for which he or she files a claim for relief under this chapter. In the case of
25 claim for rent constituting property taxes accrued, the claimant shall have rented property during
26 the preceding year for which he or she files for relief under this chapter. Claimant shall not mean
27 or include any person claimed as a dependent by any taxpayer under the Internal Revenue Code
28 of the United States, 26 U.S.C. section 1 et seq. When two (2) individuals of a household are able
29 to meet the qualifications for a claimant, they may determine between themselves as to who the
30 claimant is. If they are unable to agree, the matter is referred to the tax administrator and his or
31 her decision is final. If a homestead is occupied by two (2) or more individuals, and more than
32 one individual is able to qualify as a claimant, and some or all of the qualified individuals are not
33 related, the individuals may determine among themselves as to who the claimant is. If they are
34 unable
to
agree, the matter is referred to the tax administrator, and
his or her decision
is
final.
1 (2) "Disabled" means those persons who are
receiving a
social security disability benefit.
2 (3) "Gross rent"
means rental paid in cash or its equivalent solely for the right of
3 occupancy of a homestead, exclusive of charges for any utilities, services, furniture, furnishings,
4 or personal property appliances furnished by the landlord as a part of the rental agreement. If the
5 landlord and tenant have not dealt with each other at arm's length, and the tax administrator is
6 satisfied that the gross rent charged was excessive, he or she may adjust the gross rent to a
7 reasonable amount for purposes of this chapter. "Gross rent"
includes the rental of space paid to a
8 landlord for parking of a mobile home, or docking or mooring a houseboat, exclusive of any
9 charges for utilities, services, furniture, furnishings, or personal appliances furnished by the
10 landlord as a part of the rental. Twenty percent (20%) of the annual gross rental plus the space
11 rental fees paid during the year are the
annual "property taxes accrued."
12 (4) "Homestead" means the dwelling, whether owned or rented, and so much of the land
13 surrounding it, not exceeding one acre, as is reasonably necessary for use of the dwelling as a
14 home, and may consist of a part of the multi-dwelling or multi-purpose building and a part of the
15 land upon which it is built ("owned" includes a vendee in possession under a land contract and
16 one or more joint tenants or tenants in common). It does not include personal property such as
17 furniture, furnishings, or appliances, but a mobile
home or a houseboat may be a homestead.
18 (5) "Household" means one or more persons occupying a dwelling unit and living as a
19 single nonprofit housekeeping unit. "Household"
shall not include bona fide lessees, tenants, or
20 roomers, and boarders on contract.
21 (6) "Household income" means all income received by all persons of a household in a
22 calendar year while members
of
the household.
23 (7) "Income"
means the sum of federal adjusted gross income as defined in the Internal
24 Revenue Code of the United States, 26 U.S.C. section 1 et seq., and all non-taxable income
25 including, but not limited to, the amount of capital gains excluded from adjusted gross income,
26 alimony, support
money,
non-taxable
strike benefits, cash
public assistance and relief
(not
27 including
relief
granted
under this
chapter),
the gross
amount of any pension
or
annuity
28 (including Railroad Retirement Act (see 45 U.S.C. section 231 et seq.) benefits, all payments
29 received under the federal Social Security
Act, 42 U.S.C. section 301 et seq., state unemployment
30 insurance laws, and veterans' disability pensions (see 38 U.S.C. section 301 et seq.), non-taxable
31 interest
received from
the federal government
or
any
of
its instrumentalities, workers'
32 compensation, and the gross amount of "loss of time" insurance. It shall not include gifts from
33 nongovernmental sources, or surplus foods or other relief in kind supplied by a public or private
34 agency. For the
purpose of this
chapter, the
calculation
of
"income" shall
not include any
1 deductions for rental losses, business losses, capital losses, exclusion for foreign income, and any
2 losses received from pass-through
entities.
3 (8) "Property taxes accrued"
means property taxes (exclusive of special assessments,
4 delinquent interest, and charges for service) levied on a claimant's homestead in this state in 1977
5 or any calendar year thereafter. If a homestead is owned by two (2) or more persons or entities as
6 joint tenants or tenants in common, and one or more persons or entities are not a member of
7 claimant's
household,
"property
taxes accrued"
is that part
of
property
taxes
levied on the
8 homestead which reflects the ownership percentage of the claimant and his or her household. For
9 purposes of this subdivision, property taxes are "levied" when the tax roll is certified by the city
10 or town assessor. When a homestead is sold during the calendar year of the levy, the "property
11 taxes accrued"
for the seller and buyer is the amount of the tax levy prorated to each in the
12 closing agreement pertaining to the sale of the homestead or, if not provided for in the closing
13 agreement, the tax levy is prorated between seller and buyer based upon the delivery date of the
14 deed of conveyance. When a household owns and occupies two (2) or more homesteads in the
15 same calendar year, "property taxes accrued" is the sum of the prorated taxes attributable to the
16 household for each of the homesteads. If the household owns and occupies the homestead for the
17 part of the calendar year and rents a household for part of the calendar year, it may include both
18 the proration of taxes on the homestead owned and "rent constituting property taxes accrued"
19 with respect to the months the homestead is rented, in computing the amount of the claim. All
20 prorations are made on the basis of the gross tax levy after all exemptions. If a homestead is an
21 integral part of a larger unit such as a farm, or a multi-purpose or multi-dwelling building,
22 property taxes accrued is that percentage of the total property taxes accrued as the value of the
23 homestead is of the total value. For the purposes of this subdivision, "unit" refers to the parcel of
24 property covered by a
single tax statement of which the
homestead is a
part.
25 (9) "Rent constituting property taxes accrued" means twenty percent (20%) of the gross
26 rent actually paid in cash or its equivalent in any calendar year by a claimant and his or her
27 household solely for the right of occupancy of their Rhode Island homestead in the calendar year,
28 and which rent constitutes the basis, in the succeeding calendar year, of a claim for relief under
29 this chapter by the claimant, but shall not include any part of the rent paid for occupancy of
30 premises
which are legally exempt from the
payment of property taxes.
31 SECTION 5. Section 44-25-1 of the General Laws in Chapter 44-25 entitled "Real Estate
32 Conveyance Tax"
is hereby amended
to
read as follows:
33 44-25-1. Tax imposed -- Payment -- Burden. -- (a) There is imposed, on each deed,
34 instrument, or writing by which any lands, tenements, or other realty sold is granted, assigned,
1 transferred, or conveyed to, or vested in, the purchaser or purchasers, or any other person or
2 persons, by his or her or their direction, when the consideration paid exceeds one hundred dollars
3 ($100), a tax at the rate of
two dollars ($2.00) two dollars and thirty cents ($2.30) for each five
4 hundred dollars ($500) or fractional part of it which is paid for the purchase of the property
5 (inclusive of the value of any lien or encumbrance remaining at the time of sale), which tax is
6 payable at the time of making, execution, delivery, acceptance or presenting for recording of the
7 instrument. In
the absence of an agreement to the contrary, the tax
shall be
paid by the grantor.
8 (b) In the event no consideration is actually paid for the lands, tenements, or realty, the
9 instrument of conveyance shall contain a statement to the effect that the consideration is such
that
10 no documentary stamps are required.
11 (c) The tax administrator shall contribute to the distressed community relief program the
12 sum of thirty cents ($.30) per
two dollars ($2.00) two dollars and thirty cents ($2.30) of the face
13 value of the stamps to be distributed pursuant to section 45-13-12., and to the housing resources
14 commission restricted receipts account the sum of thirty cents ($.30) per two dollars and thirty
15 cents ($2.30) of the face value of the stamps. Funds will be administered by the department of
16 administration, office of housing and community development, through the housing resources
17 commission. The state shall retain sixty cents ($.60) for state use. The balance of the tax shall be
18 retained by the municipality collecting the tax. Provided, however, in fiscal years 2004 and 2005,
19 from the proceeds of this tax, the tax administrator shall deposit as general revenues the sum of
20 ninety cents ($.90) per
two dollars ($2.00) two dollars and thirty
cents ($2.30) of the face value of
21 the stamps. The
balance of the tax is retained
by the
municipality collecting the
tax.
22 SECTION 6. Section 42-128-2 of the General Laws in Chapter 42-128 entitled "Rhode
23 Island
Housing Resources Act of 1998" is hereby amended to
read
as follows:
24 42-128-2. Rhode Island housing resources agency created. -- There is created within
25 the executive department a housing resources agency with the following purposes, organization,
26 and powers:
27 (1) Purposes:
28 (i) To provide coherence to the housing programs of the state of Rhode Island and its
29 departments,
agencies, commissions, corporations,
and
subdivisions.
30 (ii) To provide for the integration and coordination of the activities of the Rhode Island
31 housing and
mortgage
finance corporation and the
Rhode Island housing resources commission.
32 (2) Coordinating committee -- Created -- Purposes and powers:
33 (i) The coordinating committee of the housing resources agency shall be comprised of
34 the
chairperson of the Rhode Island housing and mortgage finance
corporation, the chairperson of
1 the Rhode Island housing resources commission, the director of the department of administration,
2 or the designee of the director, and the executive director of the Rhode Island housing and
3 mortgage finance corporation.
The chairperson of the Rhode
Island
housing
resources
4 commission
shall be chairperson of the coordinating committee.
5 (ii) The coordinating committee shall develop and shall implement, with the approval of
6 the Rhode Island housing
and mortgage finance
corporation and the Rhode Island housing
7 resources commission,
a
memorandum
of
agreement describing the
fiscal and
operational
8 relationship between the Rhode Island housing and mortgage finance corporation and the Rhode
9 Island housing resources commission and shall define which programs of federal assistance will
10 be applied
for on behalf of the
state by the
Rhode Island housing and mortgage finance
11 corporation and the
Rhode Island housing resources commission.
12 (3) There is hereby established a restricted receipt account within the general fund of the
13 state. Funds from this account shall be used to provide for the lead hazard abatement program,
14 housing rental subsidy, and homeless prevention
assistance
and housing retention assistance.
15 SECTION 7. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal
16 Income Tax" is
hereby amended to
read
as follows:
17 44-30-2.6. Rhode Island taxable income -- Rate of tax. -- (a) "Rhode Island taxable
18 income" means
federal taxable income as determined
under the Internal Revenue Code, 26 U.S.C.
19 section 1 et seq., not including the increase in the basic standard deduction amount for married
20 couples filing joint returns as provided in the Jobs and Growth Tax Relief Reconciliation Act of
21 2003 and the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), and as
22 modified
by the modifications in section 44-30-12.
23 (b) Notwithstanding
the
provisions
of sections 44-30-1
and
44-30-2, for
tax years
24 beginning on or after January 1, 2001, a Rhode Island personal income tax is imposed upon the
25 Rhode Island taxable income
of residents
and
nonresidents,
including estates and trusts, at the rate
26 of twenty-five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for
27 tax year 2002 and thereafter of the federal income tax rates, including capital gains rates and any
28 other special rates for other types of income, except as provided in section 44-30-2.7, which were
29 in effect immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation
30 Act of 2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax
31 administrator beginning in
taxable year 2002 and
thereafter in
the manner
prescribed for
32 adjustment by the commissioner of Internal Revenue in 26 U.S.C. section 1(f). However, for tax
33 years beginning on or after January 1, 2006, a taxpayer may elect to use the alternative flat tax
34 rate provided
in section 44-30-2.10
to calculate his
or her personal income
tax liability.
1 (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative
2 minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode
3 Island alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by
4 multiplying the federal tentative minimum tax without allowing for the increased exemptions
5 under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal
6 form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%)
7 for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing
8 the product to the Rhode Island tax as computed otherwise under this section.
The excess shall be
9 the taxpayer's Rhode Island alternative
minimum tax.
10 (1) For tax years beginning on or after January 1, 2005 and thereafter the exemption
11 amount for alternative minimum tax, for Rhode Island
purposes, shall be adjusted for inflation by
12 the tax administrator in the manner prescribed for adjustment by the commissioner of Internal
13 Revenue in 26 U.S.C.
section 1(f).
14 (2) For the period January 1, 2007 through December 31, 2007, and thereafter, Rhode
15 Island taxable income shall be determined by deducting from federal adjusted gross income as
16 defined in 26 U.S.C. section 62 as modified by the modifications in section 44-30-12 the Rhode
17 Island itemized deduction amount and the Rhode Island exemption amount as determined in this
18 section.
19 (A) Tax imposed.
20 (1) There is hereby imposed on the taxable income of married individuals filing joint
21 returns and surviving spouses a tax
determined in
accordance
with
the following table:
22 If taxable income is: The tax
is:
23 Not over $53,150 3.75% of taxable income
24 Over $53,150 but not over
$128,500 $1,993.13 plus 7.00% of
the excess over
25 $53,150
26 Over $128,500 but not over $195,850 $7,267.63
plus 7.75% of
the excess over
27 $128,500
28 Over $195,850 but not over $349,700 $12,487.25 plus 9.00%
of
the
excess
over
29 $195,850
30 Over $349,700 $26,333.75
plus
9.90% of the excess over
31 $349,700
32 (2) There is hereby imposed on the taxable income of every head of household a tax
33 determined in accordance with the following table:
34 If taxable income is: The tax
is:
1 Not over $42,650 3.75% of taxable income
2 Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over
3 $42,650
4 Over $110,100 but not over $178,350 $6,320.88
plus 7.75% of
the excess over
5 $110,100
6 Over $178,350 but not over $349,700 $11,610.25 plus 9.00%
of
the
excess
over
7 $178,350
8 Over $349,700 $27,031.75
plus
9.90% of the excess over
9 $349,700
10 (3) There is hereby imposed on the taxable income of unmarried individuals (other than
11 surviving spouses and heads of households) a tax determined in accordance with the following
12 table:
13 If taxable income is: The tax
is:
14 Not over $31,850 3.75% of taxable income
15 Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of
the excess over
16 $31,850
17 Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of
the excess over
18 $77,100
19 Over $160,850 but not over $349,700 $10,852.50 plus 9.00%
of
the
excess
over
20 $160,850
21 Over $349,700 $27,849.00
plus
9.90% of the excess over
22 $349,700
23 (4) There is hereby imposed on the taxable income of married individuals filing separate
24 returns and bankruptcy estates a
tax
determined
in
accordance with
the following table:
25 If taxable income is: The tax
is:
26 Not over $26,575 3.75% of taxable income
27 Over $26,575 but not over $64,250 $996.56
plus 7.00% of the excess over $26,575
28 Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of
the excess over
29 $64,250
30 Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of
the excess over
31 $97,925
32 Over $174,850 $13,166.88
plus
9.90% of the excess over
33 $174,850
34 (5) There is hereby imposed a taxable income of an estate or trust a tax determined in
1 accordance with the following table:
2 If taxable income is: The tax
is:
3 Not over $2,150 3.75% of taxable income
4 Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150
5 Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000
6 Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess
over
$7,650
7 Over $10,450 $737.50
plus 9.90% of the excess over $10,450
8 (6) Adjustments for inflation.
9 The dollars
amount contained
in paragraph (A) shall be
increased by an amount equal to:
10 (a) Such dollar amount contained in
paragraph
(A) in the
year
1993, multiplied by;
11 (b) The
cost-of-living adjustment determined
under section (J) with
a base year of 1993;
12 (c) The cost-of-living adjustment referred to in subparagraph (a) and (b) used in making
13 adjustments
to
the nine percent (9%) and nine
and nine tenths percent (9.9%) dollar amounts shall
14 be determined under section
(J)
by substituting "1994"
for "1993."
15 (B) Maximum capital gains rates
16 (1) In general
17 If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax
18 imposed by this section for such taxable year shall not exceed
the
sum
of:
19 (a) 2.5 % of the
net capital gain as reported
for
federal income tax purposes under section
20 26 U.S.C.
1(h)(1)(a) and
26 U.S.C. 1(h)(1)(b).
21 (b) 5% of the
net
capital gain
as reported for federal income tax purposes
under 26 U.S.C.
22 1(h)(1)(c).
23 (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26
24 U.S.C.
1(h)(1)(d).
25 (d) 7% of the
net
capital gain
as reported for federal income tax
purposes under 26
U.S.C.
26 1(h)(1)(e).
27 (2) For tax years beginning on or after January 1, 2010 the tax imposed on net capital
28 gain
shall be
determined
under subdivision 44-30-2.6(c)(2)(A).
29 (C) Itemized
deductions.
30 (1) In general
31 For
the purposes of section (2) "itemized deductions" means
the
amount of federal
32 itemized
deductions as modified
by the modifications in
section
44-30-12.
33 (2) Individuals who do
not itemize
their deductions
34 In the case of an individual who does not elect to itemize his deductions for the taxable
1 year,
they
may elect to
take
a standard
deduction.
2 (3) Basic standard deduction.
3 The Rhode Island standard deduction shall be allowed in accordance with the following
4 table:
5 Filing status Amount
6 Single $5,350
7 Married
filing jointly or qualifying widow(er) $8,900
8 Married
filing separately $4,450
9 Head of
Household $7,850
10 (4) Additional standard deduction for the aged
and blind.
11 An additional standard deduction shall be allowed for individuals age sixty-five (65) or
12 older or blind in the amount of $1,300 for individuals who are not married and $1,050 for
13 individuals
who are married.
14 (5) Limitation
on basic standard
deduction
in the case of certain dependents.
15 In the
case of an individual to
whom a deduction under section (E) is allowable to another
16 taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater
17 of:
18 (a) $850;
19 (b) The
sum
of $300 and such individual's earned income;
20 (6) Certain individuals not eligible for standard
deduction.
21 In the
case of:
22 (a) A married individual filing a
separate return
where either spouse itemizes deductions;
23 (b) Nonresident alien individual;
24 (c) An estate or trust;
25 The standard deduction shall be zero.
26 (7) Adjustments for inflation.
27 Each dollars amount contained in paragraphs (3), (4) and (5) shall be increased by an
28 amount equal to:
29 (a) Such
dollar amount
contained
in paragraphs
(3), (4) and (5)
in the year
1988,
30 multiplied
by
31 (b) The
cost-of-living adjustment determined
under section (J) with
a base year of 1988.
32 (D) Overall limitation
on itemized
deductions
33 (1) General rule.
34 In the case of an individual whose adjusted gross
income
as modified
by section 44-30-12
1 exceeds the applicable amount, the amount of the
itemized deductions otherwise allowable for the
2 taxable year shall be reduced by the lesser of:
3 (a) Three percent (3%) of the excess of adjusted gross income as modified by section 44-
4 30-12 over the applicable amount; or
5 (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable
6 for such taxable year.
7 (2) Applicable
amount.
8 (a) In general.
9 For purposes of this section, the term "applicable amount"
means $156,400 ($78,200 in
10 the case of a separate return by a
married
individual)
11 (b) Adjustments for inflation.
12 Each
dollar amount contained in
paragraph
(a)
shall be increased
by an amount equal to:
13 (i) Such
dollar amount contained in paragraph (a) in the year 1991, multiplied by
14 (ii) The
cost-of-living adjustment determined
under section (J) with
a base year of 1991.
15 (3) Phase-out of Limitation.
16 (a) In general.
17 In the case of taxable year beginning after December 31, 2005, and before January 1,
18 2010, the
reduction
under section
(1)
shall be equal to the applicable fraction of the
amount which
19 would
be the amount of such reduction.
20 (b) Applicable fraction.
21 For purposes of paragraph (a), the applicable fraction shall be determined in accordance
22 with the following table:
23 For
taxable years
beginning in The applicable fraction is
24 calendar year
25 2006
and 2007 2/3
26 2008
and 2009 1/3
27 (E) Exemption amount
28 (1) In general.
29 Except as otherwise provided in this subsection, the term "exemption amount"
mean
30 $3,400.
31 (2) Exemption amount disallowed in case
of certain
dependents.
32 In the case of an individual with respect to whom a deduction under this section is
33 allowable to another taxpayer for the same taxable year, the exemption amount applicable to such
34 individual for such individual's taxable
year
shall be zero.
1 (3) Adjustments for inflation.
2 The dollar amount contained in
paragraph (1) shall be increased by an amount equal to:
3 (a) Such dollar amount contained in
paragraph
(1)
in the year 1989, multiplied
by
4 (b) The cost-of-living adjustment determined under section (J) with a base year of 1989.
5 (4) Limitation.
6 (a) In general.
7 In the case of any taxpayer whose adjusted gross income as modified for the taxable year
8 exceeds the threshold amount shall be reduced by the
applicable percentage.
9 (b) Applicable
percentage.
10 In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the
11 threshold amount, the exemption amount shall be reduced by two (2) percentage points for each
12 $2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year
13 exceeds the threshold amount. In the case of a married individual filing a separate return, the
14 preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the
15 applicable percentage exceed
one hundred percent (100%).
16 (c) Threshold
Amount.
17 For the purposes of this paragraph, the term "threshold amount" shall be determined with
18 the following table:
19 Filing status Amount
20 Single $156,400
21 Married
filing jointly of qualifying widow(er) $234,600
22 Married
filing separately $117,300
23 Head of
Household $195,500
24 (d) Adjustments for inflation.
25 Each
dollars amount contain in
paragraph (b) shall be increased by an
amount equal to:
26 (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied
27 by
28 (ii) The cost-of-living adjustment determined under section (J) with a base year
29 of 1991.
30 (5) Phase-out of Limitation.
31 (a) In general.
32 In the case of taxable years beginning after December 31, 2005, and before
33 January 1, 2010, the reduction under section 4 shall be equal to the applicable
34 fraction
of
the amount which would be
the
amount of such
reduction.
1 (b) Applicable fraction.
2 For the purposes of paragraph (a), the applicable fraction shall be determined in
3 accordance
with the following table:
4 For
taxable years
beginning in The applicable fraction is
5 calendar year
6 2006
and 2007 2/3
7 2008
and 2009 1/3
8 (F) Alternative
minimum tax
9 (1) General rule. - There is hereby imposed (in addition to any other tax imposed by this
10 subtitle) a tax
equal to the excess (if any) of:
11 (a) The
tentative minimum tax for the taxable
year,
over
12 (b) The
regular tax for the
taxable year.
13 (2) The
tentative minimum tax for the taxable
year
is the sum of:
14 (a) 6.5 percent of so much of the taxable excess as
does not exceed $175,000, plus
15 (b) 7.0 percent of so much of the taxable excess above $175,000.
16 (3) The amount
determined
under the preceding
sentence shall be reduced by the
17 alternative minimum tax
foreign tax
credit for the taxable
year.
18 (4) Taxable excess. - For the purposes of this subsection the term "taxable excess" means
19 so much of the federal alternative minimum taxable income as modified by the modifications in
20 section 44-30-12 as exceeds
the
exemption amount.
21 (5) In the case of a married individual filing a separate return, subparagraph (2) shall be
22 applied
by substituting "$87,500" for $175,000 each
place it appears.
23 (6) Exemption amount.
24 For
purposes of this section "exemption amount" means:
25 Filing status Amount
26 Single $39,150
27 Married
filing jointly or qualifying widow(er) $53,700
28 Married
filing separately $26,850
29 Head of
Household $39,150
30 Estate or trust $24,650
31 (7) Treatment of unearned income of minor children
32 (a) In general.
33 In the case of a minor child, the exemption amount for purposes of section (6) shall not
34 exceed
the
sum
of:
1 (i) Such child's earned
income,
plus
2 (ii) $6,000.
3 (8) Adjustments for inflation.
4 The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount
5 equal to:
6 (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied
7 by
8 (b) The
cost-of-living adjustment determined
under section (J) with
a base year of 2004.
9 (9) Phase-out.
10 (a) In general.
11 The exemption amount of any taxpayer shall be reduced (but not below zero) by an
12 amount equal to twenty-five percent (25%) of the amount by which alternative minimum taxable
13 income
of the taxpayer exceeds the threshold amount.
14 (b) Threshold amount.
15 For purposes of this paragraph, the term "threshold amount" shall be determined with the
16 following table:
17 Filing status Amount
18 Single $123,250
19 Married
filing jointly or qualifying widow(er) $164,350
20 Married
filing separately $82,175
21 Head of
Household $123,250
22 Estate or Trust $82,150
23 (c) Adjustments for inflation
24 Each
dollar amount contained in
paragraph
(9)
shall be increased by an amount equal to:
25 (i) Such
dollar amount contained in paragraph (9) in
the
year
2004, multiplied by
26 (ii) The
cost-of-living adjustment determined
under section (J) with
a base year of 2004.
27 (G) Other Rhode Island taxes
28 (1) General rule. - There is hereby imposed (in addition to any other tax imposed by this
29 subtitle) a tax
equal to twenty-five
percent (25%) of:
30 (a) The
Federal income tax on lump-sum distributions.
31 (b) The
Federal income
tax
on parents' election to report child's interest and dividends.
32 (c) The recapture of Federal tax credits that were previously claimed on Rhode Island
33 return.
34 (H) Tax for children under 18
with investment income
1 (1) General rule. - There
is
hereby imposed
a tax equal to
twenty-five
percent (25%) of:
2 (a) The Federal
tax for children under
the age
of
18 with investment income. (I)
3 Averaging of farm income
4 (1) General rule. - At the election of an individual engaged in a farming business or
5 fishing business, the tax imposed in
section 2
shall be equal to twenty-five percent (25%) of:
6 (a) The
Federal averaging of farm income as determined in
IRC section
1301.
7 (J) Cost-of-living adjustment
8 (1) In general.
9 The cost-of-living adjustment for any calendar year is
the percentage (if any) by which:
10 (a) The
CPI
for the preceding calendar year exceeds
11 (b) The
CPI
for the base year.
12 (2) CPI for any calendar year.
13 For purposes of paragraph (1), the CPI for any calendar year is the average of the
14 Consumer Price Index as of the close of the twelve (12) month period ending on August 31 of
15 such calendar year.
16 (3) Consumer Price Index
17 For purposes of paragraph (2), the term "consumer price index" means the last consumer
18 price index for all urban consumers published by the department of labor. For purposes of the
19 preceding sentence, the revision of the consumer price index which is most consistent with the
20 consumer price index
for
calendar year 1986 shall be used.
21 (4) Rounding.
22 (a) In general.
23 If any increase determined under paragraph (1) is not a multiple of $50, such increase
24 shall be rounded to
the next lowest multiple of $50.
25 (b) In the case of a married individual filing a separate return, subparagraph (a) shall be
26 applied
by substituting "$25" for $50
each place it appears.
27 (K) Credits against tax. - For tax years beginning on or after January 1, 2001, a taxpayer
28 entitled
to any of the following
federal credits enacted prior to January
1, 1996 shall be entitled to
29 a credit against the Rhode
Island tax imposed
under this
section:
30 (1) [Deleted by P.L. 2007,
ch. 73, art.
7, section 5].
31 (2) Child and
dependent care credit;
32 (3) General business credits;
33 (4) Credit for elderly or the disabled;
34 (5) Credit for prior year minimum tax;
1 (6) Mortgage
interest credit;
2 (7) Empowerment zone
employment credit;
3 (8) Qualified
electric vehicle credit.
4 (L) Credit against tax for adoption. - For tax years beginning on or after January 1, 2006,
5 a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode
6 Island
tax imposed under this section if the adopted child was under the care, custody,
or
7 supervision of the
Rhode Island department of children,
youth
and families prior to the adoption.
8 (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits
9 provided there shall be no deduction based on any federal credits enacted after January 1, 1996,
10 including
the rate
reduction credit
provided
by
the federal
Economic Growth and
Tax
11 Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be
12 reduced
to less
than zero. A taxpayer required to
recapture any
of the above credits for federal tax
13 purposes shall determine the Rhode Island amount to be recaptured in the same manner as
14 prescribed in this subsection.
15 (N) Rhode Island earned income credit
16 (1) In general.
17 A taxpayer entitled to a federal earned income credit shall be allowed a Rhode Island
18 earned income credit equal to
twenty-five percent (25%) ten percent (10%) of the federal earned
19 income
credit.
Such credit shall not exceed the amount of the Rhode
Island income
tax.
20 (2) Refundable portion.
21 In the event the Rhode Island earned income credit allowed under section (J) exceeds the
22 amount of Rhode Island income
tax, a refundable
earned income credit shall be allowed.
23 (a) For purposes of paragraph (2) refundable earned income credit means fifteen percent
24 (15%) one hundred percent (100%) of the amount by which the Rhode Island earned income
25 credit exceeds the Rhode
Island income tax.
26 (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs
27 (A) through (J) to the general assembly no later than February 1, 2010 and every three (3) years
28 thereafter for inclusion in the
statute.
29 (3) For the period January 1, 2011 through December 31, 2011, and thereafter, "Rhode
30 Island taxable income"
means federal adjusted gross income as determined under the Internal
31 Revenue Code, 26 U.S.C.
1 et seq., and as modified for Rhode Island purposes pursuant to
32 section 44-30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to
33 subparagraph 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant of
34 subparagraph 44-30-2.6(c)(3)(C).
1 (A) Tax imposed.
2 (I) There is hereby imposed on the taxable income of married individuals filing joint
3 returns, qualifying widow(er),
every
head
of
household,
unmarried
individuals, married
4 individuals
filing separate returns
and bankruptcy estates, a tax
determined
in accordance with the
5 following table:
6 Over But not over Pay +
Excess on the amount over
7 $
0 - $ 55,000 $ 0 + 3.75% $ 0
8 55,000
- 125,000 2,063 + 4.75% 55,000
9 125,000
- 5,388 +
5.99% 125,000
10 (II) There
is
hereby imposed on the taxable income of an estate or trust a tax determined
11 in accordance
with
the
following table:
12 Over But not over Pay +
% on Excess on the amount over
13 $
0 - $ 2,230 $ 0 + 3.75% $ 0
14 2,230
- 7,022 84 + 4.75% 2,230
15 7,022
- 312
+ 5.99% 7,022
16 (B) Deductions:
(I) Rhode Island Basic Standard Deduction.
Only the Rhode Island
17 standard deduction shall be allowed in
accordance with the following table:
18 Filing status: Amount
19 Single $7,500
20 Married
filing jointly or qualifying widow(er) $15,000
21 Married
filing separately $7,500
22 Head of
Household $11,250
23 (II) Nonresident alien individuals,
estates
and trusts are
not eligible
for standard
24 deductions.
25 (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode
26 Island purposes pursuant to section 44-30-12, for the taxable year exceeds one hundred seventy-
27 five
thousand dollars ($175,000),
the standard deduction
amount shall be reduced by the
28 applicable percentage. The term "applicable percentage" means twenty (20) percentage points for
29 each five thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross
30 income
for
the taxable year exceeds
one hundred seventy-five thousand dollars ($175,000).
31 (C) Exemption
Amount:
32 (I) The term "exemption amount" means three thousand five hundred dollars ($3,500)
33 multiplied by the number of exemptions allowed for the taxable year for federal income tax
34 purposes.
1 (II) Exemption amount
disallowed
in case
of
certain
dependents. In
the case
of
an
2 individual with respect to whom a deduction under this section is allowable to another taxpayer
3 for the
same
taxable year,
the exemption
amount applicable to
such individual for
such
4 individual's taxable year shall be zero.
5 (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode
6 Island purposes pursuant to section 33-30-12, for the taxable year exceeds one hundred seventy-
7 five thousand dollars ($175,000), the exemption amount shall be reduced by the applicable
8 percentage. The term "applicable percentage" means twenty (20) percentage points for each five
9 thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for
10 the taxable year exceeds
one hundred seventy-five
thousand dollars ($175,000).
11 (E) Adjustment for inflation. - The dollar amount contained in subparagraphs 44-30-
12 2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an
amount
13 equal to:
14 (I) Such
dollar amount
contained in subparagraphs
44-30-2.6(c)(3)(A), 44-30-
15 2.6(c)(3)(B)
and 44-30-2.6(c)(3)(C) adjusted for inflation
using
a
base tax
year of
2000,
16 multiplied
by;
17 (II) The cost-of-living adjustment with a base year of 2000.
18 (III) For the purposes of this section
the cost-of-living
adjustment for any
calendar year is
19 the percentage (if any) by which the consumer price index for the preceding calendar year
20 exceeds the consumer price index for the base year. The consumer price index for any calendar
21 year is the average of the consumer price index as of the close of the twelve (12) month period
22 ending on
August 31,
of such
calendar year.
23 (IV) For the purpose of this section the term "consumer price index" means the last
24 consumer price index for all urban consumers published by the department of labor. For the
25 purpose of this section the revision of the consumer price index which is most consistent with the
26 consumer price index
for
calendar year 1986 shall be used.
27 (V)
If any increase
determined under this
section is not
a
multiple
of
fifty dollars
28 ($50.00), such
increase shall be
rounded
to
the next lower multiple of fifty dollars ($50.00).
In the
29 case of a married individual filing
separate return, if any
increase determined under this section is
30 not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower
31 multiple of twenty-five
dollars ($25.00).
32 (E) Credits against tax.
33 (I) Notwithstanding any other provisions of Rhode
Island Law,
for
tax years beginning on
34 or after January 1,
2011, the only credits
allowed against a tax imposed under this chapter shall be
1 as follows:
2 (a) Rhode Island Earned Income Credit: Credit shall be allowed for earned income credit
3 pursuant to
subparagraph 44-30-2.6(c)(2)(N).
4 (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided
5 in section
44-33-1
et seq.
6 (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax
7 credit as provided in section
44-30.3-1 et seq.
8 (d) Credit for income taxes of other states. - Credit shall be allowed for income tax paid
9 to other states pursuant to section
44-30-74.
10 (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax
11 credit as provided in section 44-33.2-1 et seq.
12 (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture
13 production
tax credit as provided in section 44-31.2-1 et seq.
14 (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of
15 the federal child and dependent care credit allowable for the taxable year for federal purposes;
16 provided, however, such
credit shall not exceed the Rhode
Island
tax liability.
17 (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for
18 contributions to scholarship organizations as provided in section 44-62 et seq.
19 (i) Credit for tax withheld. - Wages upon which tax is required to be withheld shall be
20 taxable as if no withholding were required, but any amount of Rhode Island personal income tax
21 actually deducted and withheld in any calendar year shall be deemed to have been paid to the tax
22 administrator on behalf of the person from whom withheld, and the person shall be credited with
23 having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable
24 year of less than twelve (12) months, the credit shall be made under regulations of the tax
25 administrator.
26 (2) Except as provided in section 1 above, no other state and federal tax credit shall be
27 available to the taxpayers in
computing tax liability under this chapter.
28 SECTION
8. Chapter
44-19
of
the
General
Laws entitled "Sales
and
Use Taxes -
29 Enforcement and Collection"
is hereby amended
by adding thereto
the
following section:
30 44-19-42. Sales suppression devices -- Definitions and applicability. -- (a) As used in
31 this section:
32 (1) Automated sales suppression device," also known as a "zapper," means a software
33 program, carried on a memory stick or removable compact disc, accessed through an Internet
34 link, or accessed through any other means, that falsities transaction data, transaction reports, or
1 any other electronic records
of electronic cash registers and
other point-of-sale systems.
2 (2) "Electronic cash register" means
a
device
that
keeps a register
or
supporting
3 documents through the means of an electronic device or computer system designed to record
4 transaction data for the purpose of computing, compiling, or processing retail sales transaction
5 data in any manner.
6 (3)"Phantom-ware"
means a hidden programming option, whether preinstalled
or
7 installed at a later time, embedded in the operating system of an electronic cash register or
8 hardwired into the
electronic
cash register that:
9 (i) Can be used to create a virtual second till; or
10 (ii) May eliminate
or
manipulate transaction
records.
11 (4) "Transaction data" includes items purchased by a
customer, the price for each item. A
12 taxability determination for each item, a segregated tax amount for each of the taxed items, the
13 amount of cash or credit tendered, the net amount returned to the customer in change, the date
14 and time of the purchase, the name, address, and identification number of the vendor, and the
15 receipt or invoice
number of the
transaction.
16 (5)"Transaction reports" means a report documenting, but not limited to, the sales, taxes
17 collected, media totals, and discount voids at an electronic cash register that is printed on cash
18 register tape at the end of a day or shift, or a report documenting every action at an electronic
19 cash register that is stored
electronically.
20 (b) A person shall not knowingly sell, purchase, install, transfer or possess an automated
21 sales suppression
device or phantom-ware.
22 (c) Any person who violates subdivision (b) of this section
shall be guilty of a felony and,
23 upon conviction, shall be subject to a fine not exceeding fifty-thousand dollars ($50,000) or
24 imprisonment not exceeding five
(5)
years, or both.
25 (d) In addition, a person who violates subdivision (b) of this section shall be liable to the
26 state for:
27 (1) All taxes, interest, and penalties due as the result of the person's use of an automated
28 sales suppression
device or phantom-ware; and
29 (2) All profits associated with the person's sale of an automated sales suppression device
30 or phantom-ware.
31 (e) An automated sales suppression device or phantom-ware and any device containing
32 such device or software shall be deemed contraband and shall be subject to seizure by the tax
33 administrator or by a law
enforcement officer when directed to
do so by the tax administrator.
34 (f) Safe harbor. A person shall not be subject to prosecution under Rhode Island general
1 laws § 44-19-4 2, if by October 1, 20
14, the person:
2 (1) Notifies the division of taxation of the person's possession of an automated sales
3 suppression device;
4 (2) Provides any information requested by the division of taxation, including transaction
5 records, software
specifications, encryption keys,
passwords, and
other data; and
6 (3) Corrects any underreported sales tax records and fully pays the division of taxation
7 any amounts previously owed.
8 (g) This
section shall not be construed
to
limit the
person's
civil or criminal liability under
9 any other provision
of
law.
10 SECTION 9. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and
11 Use Taxes - Liability and Computation" is
hereby amended
to read as
follows:
12 44-18-30. Gross receipts exempt from sales and use taxes. -- There are exempted from
13 the taxes
imposed by this chapter the following gross receipts:
14 (1) Sales and uses beyond constitutional power of state. - From the sale and from the
15 storage, use, or other consumption in this state of tangible personal property the gross receipts
16 from the sale of which, or the storage, use, or other consumption of which, this state is prohibited
17 from taxing under the Constitution
of
the United States or under the constitution of this
state.
18 (2) Newspapers.
19 (i) From the sale and from the storage, use, or other consumption in this state of any
20 newspaper.
21 (ii) "Newspaper" means an unbound
publication printed on newsprint, which contains
22 news, editorial
comment,
opinions, features, advertising matter, and other matters of
public
23 interest.
24 (iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or
25 similar item unless the item is printed for and distributed
as a
part of a newspaper.
26 (3) School meals. - From the sale and from the storage, use, or other consumption in this
27 state of meals served by public, private, or
parochial schools,
school districts, colleges,
28 universities, student organizations, and parent teacher associations to the students or teachers of a
29 school, college, or university whether the meals are served by the educational institutions or by a
30 food service or management entity under contract to the educational institutions.
31 (4) Containers.
32 (i) From the sale and from the
storage, use, or other consumption in this state of:
33 (A) Non-returnable containers, including boxes, paper bags, and wrapping materials
34 which are biodegradable and all bags and wrapping materials utilized in the medical and healing
1 arts, when sold without the contents to persons who place the contents in the container and sell
2 the contents
with
the
container.
3 (B) Containers when sold with the contents if the sale price of the contents is not
4 required
to
be included in the measure of the taxes imposed
by this chapter.
5 (C) Returnable containers when sold with the contents in connection with a retail sale of
6 the contents
or when resold for refilling.
7 (ii) As used in this subdivision, the term "returnable containers" means containers of a
8 kind customarily returned by the buyer of the contents for reuse. All other containers are "non-
9 returnable containers."
10 (5) (i) Charitable, educational, and religious organizations. - From the sale to as in
11 defined in this section, and
from
the storage, use, and other consumption in this state or any other
12 state of the United States of America of tangible personal property by hospitals not operated for a
13 profit, "educational institutions" as defined in subdivision (18) not operated for a profit, churches,
14 orphanages, and other institutions or organizations operated exclusively
for religious or charitable
15 purposes, interest free loan associations not operated for profit, nonprofit organized sporting
16 leagues and associations and bands for boys and girls under the age of nineteen (19) years, the
17 following vocational student organizations that are state chapters of national vocational students
18 organizations: Distributive Education Clubs of America, (DECA); Future Business Leaders of
19 America, phi beta lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers
20 of America/Home Economics
Related
Occupations (FHA/HERD); and Vocational
Industrial
21 Clubs of America (VICA), organized nonprofit golden age and senior citizens clubs for men and
22 women,
and parent teacher associations.
23 (ii) In the case of contracts entered into with the federal government, its agencies or
24 instrumentalities, this state or any other state of the United States of America, its agencies, any
25 city, town, district, or other political subdivision of the states, hospitals not operated for profit,
26 educational institutions not operated for profit, churches, orphanages, and other institutions or
27 organizations
operated
exclusively
for religious or
charitable purposes, the contractor
may
28 purchase such materials and supplies (materials and/or supplies are defined as those which are
29 essential to the project) that are to be utilized in the construction of the projects being performed
30 under the contracts without payment of the tax.
31 (iii)
The contractor shall not charge
any
sales
or use tax
to any exempt
agency,
32 institution, or organization but shall in that instance provide his or her suppliers with certificates
33 in the form as determined by the division of taxation showing the reason for exemption; and the
34 contractor's records must substantiate the claim for exemption by showing
the disposition of all
1 property so purchased. If any property is then used for a nonexempt purpose, the contractor must
2 pay the
tax on the property used.
3 (6) Gasoline. - From the
sale
and from the storage, use, or other consumption
in
this state
4 of: (i) gasoline and other products taxed under chapter 36 of title 31, and (ii) fuels used for the
5 propulsion of airplanes.
6 (7) Purchase for manufacturing purposes.
7 (i)
From the
sale and
from the storage, use, or other consumption in this state
of
8 computer
software,
tangible personal property,
electricity,
natural
gas,
artificial gas, steam,
9 refrigeration, and water, when the property or service is purchased for the purpose of being
10 manufactured into a
finished product for resale, and becomes
an
ingredient, component, or
11 integral part of the manufactured, compounded,
processed, assembled, or prepared product, or if
12 the property
or service is consumed in the process of manufacturing
for resale computer software,
13 tangible
personal property,
electricity,
natural gas, artificial gas, steam,
refrigeration, or water.
14 (ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the
15 property cannot be repaired, reconditioned,
or
rendered fit for further manufacturing use.
16 (iii) "Consumed" includes mere
obsolescence.
17 (iv)
"Manufacturing"
means and includes manufacturing,
compounding, processing,
18 assembling, preparing, or producing.
19 (v) "Process of manufacturing" means and includes all production operations performed
20 in the producing or processing room, shop, or plant, insofar as the operations are a part of and
21 connected with the manufacturing
for
resale of tangible personal property, electricity, natural gas,
22 artificial gas, steam, refrigeration, or water and all production operations performed insofar as the
23 operations are a part of and connected with
the
manufacturing for resale
of
computer software.
24 (vi) "Process of manufacturing" does not mean or include administration operations such
25 as general office operations, accounting, collection, sales promotion, nor does it mean or include
26 distribution operations which occur
subsequent to
production
operations, such
as
handling,
27 storing, selling, and transporting the manufactured products, even though the administration and
28 distribution operations are performed by or in connection
with a manufacturing business.
29 (8) State
and political subdivisions. - From the
sale
to,
and from the
storage, use, or other
30 consumption by, this state, any city, town, district, or other political subdivision of this state.
31 Every redevelopment agency created pursuant
to chapter
31
of
title 45 is
deemed
to be a
32 subdivision of the
municipality where
it
is located.
33 (9) Food and food ingredients. - From the sale and storage, use, or other consumption in
34 this state
of food and food ingredients as defined in
section 44-18-7.1(l).
1 For the purposes of this exemption "food and food ingredients" shall not include candy,
2 soft drinks,
dietary supplements,
alcoholic beverages, tobacco,
food
sold
through
vending
3 machines or prepared food (as those terms are defined in section 44-18-7.1, unless the prepared
4 food is:
5 (i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,
6 except sub-sector 3118
(bakeries);
7 (ii) Sold in
an unheated state by weight or volume as a
single item;
8 (iii) Bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries,
9 donuts, danish, cakes, tortes,
pies, tarts,
muffins,
bars, cookies, tortillas; and
10 is not sold with utensils provided by the seller, including plates, knives, forks, spoons,
11 glasses, cups, napkins, or straws.
12 (10) Medicines, drugs and durable medical equipment. - From the sale and from the
13 storage, use, or other consumption
in
this state,
of;
14 (i) "Drugs"
as defined in section 44-18-7.1(h)(i), sold on prescriptions, medical oxygen,
15 and insulin whether or not sold on prescription. For purposes of this exemption drugs shall not
16 include over-the-counter drugs and grooming and hygiene products as defined in section 44-18-
17 7.1(h)(iii).
18 (ii) Durable medical equipment as defined in section 44-18-7.1(k) for home use only,
19 including, but not limited to, syringe infusers, ambulatory drug delivery pumps, hospital beds,
20 convalescent
chairs, and chair lifts. Supplies
used in
connection with syringe
infusers
and
21 ambulatory drug delivery pumps which are sold on prescription to individuals to be used by them
22 to dispense or administer prescription drugs, and related ancillary dressings and supplies used to
23 dispense or administer prescription drugs
shall also
be exempt from tax.
24 (11) Prosthetic devices and mobility enhancing equipment. - From the sale and from the
25 storage, use, or other consumption in this state, of prosthetic devices as defined in section 44-18-
26 7.1(t), sold on prescription, including but not limited to, artificial limbs, dentures, spectacles and
27 eyeglasses, and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on
28 prescription and mobility enhancing equipment
as defined in section 44-18-7.1(p) including
29 wheelchairs, crutches and
canes.
30 (12) Coffins, caskets, and burial garments. - From the sale and from the storage, use, or
31 other consumption in this state of coffins or caskets, and shrouds or other burial garments which
32 are ordinarily sold by a
funeral director as part of the business of funeral directing.
33 (13) Motor vehicles sold to nonresidents.
34 (i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide
1 nonresident of this state who does not register the motor vehicle in this state, whether the sale or
2 delivery of the motor vehicle is made in this state or at the place of residence of the nonresident.
3 A motor vehicle sold to a bona fide nonresident whose state of residence does not allow a like
4 exemption to its nonresidents is not exempt from the tax imposed under section 44-18-20. In that
5 event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate
6 that would be imposed in his or her state of residence
not to exceed the rate that would have been
7 imposed under section 44-18-20. Notwithstanding any other provisions of law, a licensed motor
8 vehicle dealer shall add and collect the tax required under this subdivision and remit the tax
to the
9 tax administrator under the provisions of chapters 18 and 19 of this title. When a Rhode Island
10 licensed motor vehicle dealer is required to add and collect the sales and use tax on the sale of a
11 motor vehicle to a bona fide nonresident as provided in this section, the dealer in computing the
12 tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of
13 motor vehicles.
14 (ii) The tax administrator, in addition to the provisions of sections 44-19-27 and 44-19-
15 28, may
require any
licensed motor vehicle dealer
to keep
records of sales
to bona
fide
16 nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption
17 provided in this subdivision, including the affidavit of a licensed motor vehicle dealer that the
18 purchaser of the motor vehicle was the holder of, and had in his or her possession a valid out of
19 state motor vehicle registration or a valid
out
of state driver's
license.
20 (iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days
21 of the date of its sale to him or her is deemed to have purchased the motor vehicle for use,
22 storage, or other consumption in this state, and is subject to, and liable for the use tax imposed
23 under the provisions of section
44-18-20.
24 (14) Sales in public buildings by blind people. - From the sale and from the storage, use,
25 or other consumption in all public buildings in this state of all products or wares by any person
26 licensed
under section 40-9-11.1.
27 (15) Air and water pollution control facilities. - From the sale, storage, use, or other
28 consumption in this state of tangible personal property or supplies acquired for incorporation into
29 or used and consumed in the operation of a facility, the primary purpose of which is to aid in the
30 control of the pollution or contamination of the waters or air of the state, as defined in chapter 12
31 of title 46 and chapter 25 of title 23, respectively, and which has been certified as approved for
32 that
purpose
by
the director of
environmental management.
The
director
of environmental
33 management may certify to a portion of the tangible personal property or supplies acquired for
34 incorporation into those facilities or used and consumed in the operation of those facilities to the
1 extent that that portion has as its primary purpose the control of the pollution or contamination of
2 the waters or air of this state. As used in this subdivision, "facility" means any land, facility,
3 device,
building, machinery, or equipment.
4 (16) Camps. - From the rental charged for living quarters, or sleeping or housekeeping
5 accommodations at camps or retreat houses operated by religious, charitable, educational, or
6 other organizations and associations mentioned in subdivision (5), or by privately owned and
7 operated summer camps
for
children.
8 (17) Certain institutions. - From the rental charged for living or sleeping quarters in an
9 institution licensed by the state
for the
hospitalization, custodial,
or
nursing care of human
beings.
10 (18) Educational institutions. - From the rental charged by
any educational institution
for
11 living quarters, or sleeping or housekeeping accommodations or other rooms or accommodations
12 to any student or teacher necessitated by attendance at an educational institution. "Educational
13 institution" as used
in this section means an
institution of learning not operated
for
profit which
is
14 empowered to confer diplomas, educational, literary, or academic degrees, which has a regular
15 faculty, curriculum, and organized body of pupils or students in attendance throughout the usual
16 school year, which keeps and furnishes to students and others records required and accepted for
17 entrance to
schools of secondary,
collegiate,
or graduate
rank, no part of the
net
earnings of which
18 inures to
the benefit of any individual.
19 (19) Motor vehicle
and adaptive equipment for persons with disabilities.
20 (i) From the sale of: (A) special adaptations, (B) the component parts of the special
21 adaptations, or (C) a specially adapted motor vehicle; provided, that the owner furnishes to the
22 tax administrator an affidavit of a licensed physician to the effect that the specially adapted motor
23 vehicle is necessary to transport a family member with a disability or where the vehicle has been
24 specially adapted to meet the specific needs of the person with a disability. This exemption
25 applies to not more than one motor vehicle owned and registered for personal, noncommercial
26 use.
27 (ii) For the purpose of this subsection the term "special adaptations"
includes, but is not
28 limited to: wheelchair lifts; wheelchair carriers; wheelchair ramps; wheelchair securements; hand
29 controls; steering devices; extensions, relocations, and crossovers of operator controls; power-
30 assisted controls; raised
tops or
dropped floors; raised entry doors;
or alternative
signaling
31 devices to
auditory signals.
32 (iii) From the sale of: (a) special adaptations, (b) the component parts of the special
33 adaptations,
for a "wheelchair
accessible
taxicab"
as
defined
in section 39-14-1
and/or a
34 "wheelchair accessible
public motor vehicle" as
defined in
section 39-14.1-1.
1 (iv) For the purpose of this subdivision the exemption for a "specially adapted motor
2 vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due
3 on the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the
4 special adaptations, including installation.
5 (20) Heating fuels. - From the sale and from the storage, use, or other consumption in
6 this
state of every type of fuel used in
the heating of homes and
residential premises.
7 (21) Electricity and gas. - From the sale and from the storage, use, or other consumption
8 in this state of electricity and gas furnished for domestic
use by occupants
of
residential premises.
9 (22) Manufacturing
machinery and
equipment.
10 (i) From the sale and from the storage, use, or other consumption in this state of tools,
11 dies,
and molds, and
machinery and
equipment (including replacement parts),
and related items
to
12 the extent used in an industrial plant in connection with the actual manufacture, conversion, or
13 processing of tangible personal property, or to the extent used in connection with the actual
14 manufacture, conversion or processing of computer software as that term is utilized in industry
15 numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the
16 technical committee on industrial classification, office of statistical standards, executive office of
17 the president, United States bureau of the budget, as revised from time to time, to be sold, or that
18 machinery and equipment used in the furnishing of power to an industrial manufacturing plant.
19 For the purposes
of this subdivision, "industrial plant" means
a
factory at a fixed
location
20 primarily engaged in the manufacture, conversion, or processing of tangible personal property to
21 be sold in
the
regular course
of business;
22 (ii) Machinery and equipment and related items are not deemed to be used in connection
23 with
the
actual manufacture, conversion, or
processing
of tangible personal property, or in
24 connection with the actual manufacture, conversion or processing of computer software as that
25 term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification
26 manual prepared
by the technical
committee
on industrial
classification, office of statistical
27 standards, executive office of the president, United States bureau of the budget, as revised from
28 time to time, to be sold to the extent the property is used in administration or distribution
29 operations;
30 (iii) Machinery and equipment and related items used in connection with the actual
31 manufacture, conversion, or processing of any computer
software
or
any
tangible
personal
32 property which is not to be sold and which would be exempt under subdivision (7) or this
33 subdivision if purchased from a vendor or machinery and equipment and related items used
34 during any manufacturing, converting or processing function is exempt under this subdivision
1 even if that operation, function, or purpose is not an integral or essential part of a continuous
2 production
flow or manufacturing process;
3 (iv) Where a portion of a group of portable or mobile machinery is used in connection
4 with the actual manufacture, conversion, or processing of computer software or tangible personal
5 property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under
6 this
subdivision
even though
the machinery in
that
group
is used
interchangeably
and
not
7 otherwise
identifiable as to use.
8 (23) Trade-in value of motor vehicles. - From the sale
and from the storage, use, or other
9 consumption in this
state of so much
of the purchase price paid for a
new or used automobile
as is
10 allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of
11 the proceeds
applicable only to
the automobile as
are received from
the manufacturer
of
12 automobiles for the repurchase of the automobile whether the repurchase was voluntary or not
13 towards
the
purchase of
a
new
or
used automobile
by
the buyer. For the
purpose
of
this
14 subdivision, the word "automobile" means a private passenger automobile not used for hire and
15 does not refer to any other type
of motor vehicle.
16 (24) Precious metal bullion.
17 (i) From the sale and from the storage, use, or other consumption in this state of precious
18 metal bullion,
substantially equivalent to a transaction in securities or commodities.
19 (ii) For purposes of this subdivision, "precious metal bullion"
means any elementary
20 precious metal which has been put through a process of smelting or refining, including, but not
21 limited to, gold, silver, platinum, rhodium, and chromium, and which is in a state or condition
22 that its value
depends upon its content and not upon its form.
23 (iii) The term does not include fabricated precious metal which has been processed or
24 manufactured for some one or more specific and customary industrial, professional, or artistic
25 uses.
26 (25) Commercial vessels. - From sales made to a commercial ship, barge, or other vessel
27 of fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from
28 the repair, alteration, or conversion of the vessels, and
from
the sale of property
purchased for the
29 use of the vessels including provisions, supplies, and material for the maintenance and/or repair
30 of the
vessels.
31 (26) Commercial fishing vessels. - From the sale and from the storage, use, or other
32 consumption in this state of vessels and other water craft which are in excess of five (5) net tons
33 and which are used exclusively for "commercial fishing", as defined in this subdivision, and from
34 the repair, alteration, or conversion of those vessels and other watercraft, and from the sale of
1 property purchased
for the use of those vessels and
other
watercraft including
provisions,
2 supplies, and material for the maintenance and/or repair of the vessels and other watercraft and
3 the boats nets, cables, tackle, and other fishing equipment appurtenant to or used in connection
4 with the commercial fishing of the vessels and other watercraft. "Commercial fishing" means the
5 taking or the attempting to take any fish, shellfish, crustacea, or bait species with the intent of
6 disposing of them for profit or by sale, barter, trade, or in commercial channels. The term does
7 not include subsistence fishing, i.e., the taking for personal use and not for sale or barter; or sport
8 fishing; but shall include vessels and other watercraft with a Rhode Island party and charter boat
9 license issued by the department of environmental management pursuant to section 20-2-27.1
10 which meet the following criteria: (i) the operator must have a current U.S.C.G. license to carry
11 passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii)
12 U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island
13 boat registration to prove Rhode Island home port status; (iv) the vessel must be used as a
14 commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be
15 able to demonstrate that at least fifty percent (50%) of its annual gross income derives from
16 charters
or provides documentation
of a minimum of one
hundred (100) charter trips
annually; (v)
17 the vessel must have a valid Rhode Island party and charter boat license. The tax administrator
18 shall implement the provisions of this subdivision by promulgating rules and regulations relating
19 thereto.
20 (27) Clothing and footwear. - From the sales of articles of clothing, including footwear,
21 intended to be worn or carried on or about the human body for sales prior to October 1, 2012.
22 Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including
23 footwear, intended to be worn or carried on or about the human body up to two hundred and fifty
24 dollars ($250) of the sales price per item. For the purposes of this section, "clothing or footwear"
25 does not include clothing accessories or equipment or special clothing or footwear primarily
26 designed for athletic activity or protective use as these terms are defined in section 44-18-7.1(f).
27 In recognition of the work being performed by the Streamlined Sales and Use Tax Governing
28 Board,
upon passage of any federal law which authorizes states to
require remote
sellers to
collect
29 and remit sales and use taxes, this unlimited exemption will apply as it did prior to October 1,
30 2012. The unlimited exemption on sales of clothing and
footwear shall take effect on the date that
31 the state requires remote
sellers to collect and remit sales and use taxes.
32 (28) Water for residential use. - From the sale and from the storage, use, or other
33 consumption in
this state of water
furnished for
domestic
use by occupants of residential
34 premises.
1 (29) Bibles. - [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see
2 Notes to Decisions.]From the sale and from the storage, use, or other consumption in the state of
3 any canonized scriptures of any tax-exempt nonprofit religious organization including, but not
4 limited to, the Old Testament and the New Testament versions.
5 (30) Boats.
6 (i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not
7 register the boat or vessel in this state, or document the boat or vessel with the United States
8 government at a home port within the state, whether the sale or delivery of the boat or vessel is
9 made in this state or elsewhere; provided, that the nonresident transports the boat within thirty
10 (30) days after delivery by the
seller outside the state for use thereafter solely outside
the
state.
11 (ii) The tax administrator, in addition to the provisions of sections 44-19-17 and 44-19-
12 28, may require the seller of
the boat
or vessel
to keep
records of the
sales
to
bona fide
13 nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption
14 provided in this subdivision, including the affidavit of the seller that the buyer represented
15 himself or herself to be a bona fide nonresident of this state and of the buyer that he or she is a
16 nonresident of this
state.
17 (31) Youth activities equipment. - From the sale, storage, use, or other consumption in
18 this state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island
19 eleemosynary
organizations, for the purposes of youth activities which the organization is formed
20 to sponsor and support; and by accredited elementary and secondary schools for the purposes of
21 the schools
or
of organized activities of the
enrolled students.
22 (32) Farm equipment. - From the sale and from the storage or use of machinery and
23 equipment used directly for commercial farming and agricultural production; including, but not
24 limited to, tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors,
25 balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment,
26 greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and
27 other farming equipment, including replacement parts, appurtenant to or used in connection with
28 commercial
farming
and tools and supplies
used in the
repair
and
maintenance
of farming
29 equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or
30 the production within this state of agricultural products, including, but not limited to, field or
31 orchard crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or
32 production provides at least two thousand five hundred dollars ($2,500) in annual gross sales to
33 the operator, whether an individual, a group, a
partnership,
or a
corporation for exemptions
issued
34 prior to July 1, 2002; for exemptions issued or renewed after July 1, 2002, there shall be two (2)
1 levels. Level I shall be based on proof of annual gross sales from commercial farming of at least
2 twenty-five hundred dollars ($2,500) and shall be valid for purchases subject to the exemption
3 provided in this subdivision except for motor vehicles with an excise tax value of five thousand
4 dollars ($5,000) or
greater; Level
II shall
be
based
on
proof
of
annual
gross sales from
5 commercial farming of at least ten thousand dollars ($10,000) or greater and shall be valid for
6 purchases subject to the exemption provided in this subdivision including motor vehicles with an
7 excise tax value of five thousand dollars ($5,000) or greater. For the initial issuance of the
8 exemptions,
proof of the
requisite
amount of annual gross sales from commercial farming shall be
9 required for the prior year; for any renewal of an exemption granted in accordance with this
10 subdivision at either Level I or Level II, proof of gross annual sales from commercial farming at
11 the requisite amount
shall
be
required
for
each of the
prior
two
(2) years. Certificates
of
12 exemption issued or renewed after July 1, 2002, shall clearly indicate the level of the exemption
13 and be valid for four (4) years after the date of issue. This exemption applies even if the same
14 equipment
is used
for
ancillary
uses, or is
temporarily
used for a non-farming or a non-
15 agricultural purpose, but shall not apply to motor vehicles acquired after July 1, 2002, unless the
16 vehicle is a farm vehicle as defined pursuant to section 31-1-8 and is eligible for registration
17 displaying farm plates as provided for in section 31-3-31.
18 (33) Compressed air. - From the sale and from the storage, use, or other consumption in
19 the state of compressed air.
20 (34) Flags. - From the sale and from the storage, consumption, or other use in this state
21 of United
States, Rhode Island or
POW-MIA flags.
22 (35) Motor vehicle and adaptive equipment to certain veterans. - From the sale of a
23 motor vehicle and adaptive equipment to and for the use of a veteran with a service-connected
24 loss of or the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee,
25 whether service connected or not. The motor vehicle
must be purchased by and
especially
26 equipped for use by the qualifying veteran. Certificate of exemption or refunds of taxes paid is
27 granted under rules or regulations that the
tax administrator may prescribe.
28 (36) Textbooks. - From the sale and from the storage, use, or other consumption in this
29 state of textbooks by an "educational institution"
as defined in subdivision (18) of this section and
30 as well as any educational institution within the purview of section
16-63-9(4) and used
textbooks
31 by any purveyor.
32 (37) Tangible personal property and supplies used in on-site hazardous waste recycling,
33 reuse, or treatment. - From the sale, storage, use, or other consumption in this state of tangible
34 personal property or supplies used or consumed in the operation of equipment, the exclusive
1 function of which is the recycling, reuse, or recovery of materials (other than precious metals, as
2 defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes", as
3 defined in section 23-19.1-4, where the "hazardous wastes"
are generated in Rhode Island solely
4 by the same taxpayer and where the personal property is located at, in, or adjacent to a generating
5 facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of
6 the department of environmental management certifying that the equipment and/or supplies as
7 used, or consumed, qualify for the exemption under this subdivision. If any information relating
8 to secret processes or methods of manufacture,
production, or treatment is disclosed to the
9 department of environmental management only to procure an order, and is a "trade secret" as
10 defined in section 28-21-10(b), it is not open to public inspection or publicly disclosed unless
11 disclosure is required under chapter 21
of title 28 or chapter 24.4 of title 23.
12 (38) Promotional and product literature of boat manufacturers. - From the sale and from
13 the storage,
use, or other
consumption of
promotional and product
literature
of
boat
14 manufacturers shipped to points outside of Rhode Island which either: (i) accompany the product
15 which is sold, (ii) are shipped in bulk to out of state dealers for use in the sale of the product, or
16 (iii) are
mailed to
customers at no
charge.
17 (39) Food items paid for by food stamps. - From the sale and from the storage, use, or
18 other consumption in this state of eligible food items payment for which is properly made to the
19 retailer in the form of U.S. government food stamps issued in accordance with the Food Stamp
20 Act of 1977, 7
U.S.C. section
2011 et seq.
21 (40) Transportation charges. - From the sale or hiring of motor carriers as defined in
22 section 39-12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight
23 tariff filed with the Rhode Island public utilities commission on the number of miles driven or by
24 the number of hours spent on the job.
25 (41) Trade-in
value
of
boats.
-
From
the sale and
from
the
storage,
use, or other
26 consumption in this state of so much of the purchase price paid for a new or used boat as is
27 allocated for a trade-in allowance on the boat of the buyer given in trade to the seller or of the
28 proceeds applicable
only to
the boat as are received
from an insurance claim as a result of a
stolen
29 or damaged boat, towards the purchase of a
new or used
boat by the buyer.
30 (42) Equipment
used for
research and development.
- From the sale and from the
31 storage, use, or other consumption of equipment to the extent used for research and development
32 purposes by a qualifying firm. For the purposes of this subdivision, "qualifying firm" means a
33 business for which the use of research and development equipment is an integral part of its
34 operation, and
"equipment"
means scientific equipment,
computers, software, and related items.
1 (43) Coins. - From the sale and from the other consumption in this state of coins having
2 numismatic
or investment value.
3 (44) Farm structure construction materials. - Lumber, hardware and other materials used
4 in the new construction of farm structures, including production facilities such as, but not limited
5 to, farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying
6 houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing
7 rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker and
8 trench silos, feed storage sheds, and any other structures used in connection with commercial
9 farming.
10 (45)
Telecommunications carrier
access service. - Carrier access service or
11 telecommunications service when purchased by a telecommunications company from another
12 telecommunications
company to
facilitate the provision
of telecommunications service.
13 (46) Boats or vessels brought into the state exclusively for winter storage, maintenance,
14 repair or sale. - Notwithstanding the provisions of sections 44-18-10, 44-18-11, 44-18-20, the tax
15 imposed by section 44-18-20 is not applicable for the period commencing on the first day of
16 October in
any year to and including
the 30th day
of April next succeeding with respect to
the use
17 of any boat or vessel within this state exclusively for purposes of: (i) delivery of the vessel to a
18 facility in this state for storage, including dry storage and storage in water by means of apparatus
19 preventing ice damage to the hull, maintenance, or repair; (ii) the actual process of storage,
20 maintenance, or repair of the boat or vessel; or (iii) storage for the purpose of selling the boat or
21 vessel.
22 (47) Jewelry
display
product. - From the
sale
and from the storage, use,
or
other
23 consumption in this state of tangible personal property used to display any jewelry product;
24 provided, that title to the jewelry display product is transferred by the jewelry manufacturer or
25 seller and that the jewelry display product is shipped out of state for use solely outside the state
26 and is not returned to the jewelry manufacturer or seller.
27 (48) Boats or vessels generally. - Notwithstanding the provisions of this chapter, the tax
28 imposed by sections 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the
29 storage, use, or other consumption in this state of any new or used boat. The exemption provided
30 for in this subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the
31 federal ten
percent (10%) surcharge on luxury boats is repealed.
32 (49)
Banks and Regulated investment companies interstate toll-free calls. -
33 Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not apply to
34 the furnishing of interstate and international, toll-free terminating telecommunication service that
1 is used directly and exclusively by or for the benefit of an eligible company as defined in this
2 subdivision; provided, that an eligible company employs on average during the calendar year no
3 less than five hundred (500) "full-time equivalent employees", as that term is defined in section
4 42-64.5-2. For purposes of this section, an "eligible company"
means a "regulated investment
5 company" as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. section 1 et
6 seq., or a
corporation to
the extent the service is provided, directly or indirectly, to
or on behalf of
7 a regulated investment company, an employee benefit plan, a retirement plan or a
pension plan or
8 a state chartered bank.
9 (50) Mobile and manufactured homes generally. - From the sale and from the storage,
10 use, or other consumption in this state of mobile and/or manufactured homes as defined and
11 subject to taxation
pursuant to the
provisions
of
chapter 44 of title 31.
12 (51) Manufacturing business reconstruction
materials.
13 (i) From the sale and from the storage, use or other consumption in this state of lumber,
14 hardware, and other building materials used in the reconstruction of a manufacturing business
15 facility which suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any
16 occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more
17 of an operating manufacturing business facility within this state. "Disaster"
does not include any
18 damage
resulting from the willful act of the owner of the manufacturing business facility.
19 (ii) Manufacturing business facility includes, but is not limited to, the structures housing
20 the production
and administrative
facilities.
21 (iii) In the event a manufacturer has more than one manufacturing site in this state, the
22 sixty percent (60%) provision
applies to
the
damages suffered at that one
site.
23 (iv)
To the extent
that the
costs
of the reconstruction materials
are
reimbursed by
24 insurance, this exemption does not apply.
25 (52) Tangible personal property and supplies used in the processing
or preparation of
26 floral products and floral arrangements. - From the sale, storage, use, or other consumption in this
27 state of tangible personal property or supplies purchased by florists, garden centers, or other like
28 producers or
vendors
of flowers, plants, floral
products,
and
natural and artificial
floral
29 arrangements which are ultimately sold with flowers, plants, floral products, and natural and
30 artificial
floral
arrangements or are otherwise used in
the decoration,
fabrication, creation,
31 processing, or preparation of flowers,
plants,
floral products,
or natural and artificial
floral
32 arrangements, including descriptive labels, stickers, and cards affixed to the flower, plant, floral
33 product or arrangement,
artificial flowers, spray materials, floral paint and tint,
plant shine, flower
34 food, insecticide and
fertilizers.
1 (53) Horse
food
products.
-
From
the sale
and
from the
storage,
use, or
other
2 consumption in this
state
of horse food products purchased
by a person engaged
in the
business of
3 the boarding of horses.
4 (54) Non-motorized
recreational vehicles sold to nonresidents.
5 (i) From the sale,
subsequent to June 30,
2003, of a non-motorized recreational vehicle
to
6 a bona fide nonresident of this state who does not register the non-motorized recreational vehicle
7 in this state, whether the sale or delivery
of the non-motorized recreational vehicle is made in this
8 state or at the place of residence of the nonresident; provided, that a non-motorized recreational
9 vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption
10 to its nonresidents is not exempt from the tax imposed under section 44-18-20; provided, further,
11 that in that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal
12 to the rate that would be imposed in his or her state of residence not to exceed the rate that would
13 have been imposed under section 44-18-20. Notwithstanding any other provisions of law, a
14 licensed non-motorized recreational vehicle dealer shall add and collect the tax required under
15 this subdivision and remit the tax to the tax administrator under the provisions of chapters 18 and
16 19 of this title. Provided, that when a Rhode Island licensed non-motorized recreational vehicle
17 dealer is required to add and collect the sales and use tax on the sale of a non-motorized
18 recreational vehicle to
a bona fide nonresident as provided
in this section, the dealer in computing
19 the tax takes into consideration the law of the state of the nonresident as it relates to the trade-in
20 of motor vehicles.
21 (ii) The tax administrator, in addition to the provisions of sections 44-19-27 and 44-19-
22 28, may
require
any licensed non-motorized recreational vehicle
dealer to keep records
of sales to
23 bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the
24 exemption provided in this
subdivision, including the
affidavit
of
a
licensed non-motorized
25 recreational vehicle dealer that the purchaser of the non-motorized recreational vehicle was the
26 holder of, and had in his or her possession a valid out-of-state non-motorized recreational vehicle
27 registration or a valid out-of-state
driver's license.
28 (iii) Any nonresident who registers a non-motorized recreational vehicle in this state
29 within ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-
30 motorized recreational vehicle for use, storage, or other consumption in this state, and is subject
31 to, and liable for the
use
tax imposed
under the provisions of
section 44-18-20.
32 (iv) "Non-motorized recreational vehicle" means any portable dwelling designed and
33 constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use
34 which is
eligible
to be
registered
for highway use,
including,
but not limited to, "pick-up
coaches"
1 or "pick-up campers,"
"travel trailers," and "tent trailers" as those terms are defined in chapter 1
2 of title 31.
3 (55) Sprinkler and
fire alarm systems in
existing buildings. - From the sale in this state
of
4 sprinkler and fire alarm systems, emergency lighting and alarm systems, and from the sale of the
5 materials necessary
and
attendant
to the
installation
of
those
systems, that are
required in
6 buildings and occupancies existing therein in July 2003, in order to comply with any additional
7 requirements for such buildings arising directly from the enactment of the Comprehensive Fire
8 Safety Act of 2003, and that are not required by any other provision of law or ordinance or
9 regulation adopted pursuant to that Act. The exemption provided in this subdivision shall expire
10 on December 31, 2008.
11 (56) Aircraft.
- Notwithstanding the
provisions of this chapter, the tax imposed by
12 sections 44-18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or
13 other consumption in
this state of any new
or
used aircraft or aircraft parts.
14 (57) Renewable energy products. - Notwithstanding any other
provisions
of
Rhode
15 Island general laws the following products shall also be exempt from sales tax: solar photovoltaic
16 modules or panels, or any module or panel that generates electricity from light; solar thermal
17 collectors, including, but not limited to, those manufactured
with flat glass plates, extruded
18 plastic, sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-
19 water
and
water-to-air
type
pumps; wind
turbines; towers
used
to mount
wind
turbines if
20 specified by or sold by a wind turbine manufacturer; DC to AC inverters that interconnect with
21 utility power lines; manufactured mounting racks and ballast pans for solar collector, module or
22 panel installation. Not to include materials that could be fabricated into such racks; monitoring
23 and control equipment,
if specified or supplied
by
a
manufacturer
of
solar thermal, solar
24 photovoltaic, geothermal, or wind energy systems or if required by law or regulation for such
25 systems but not to include pumps, fans or plumbing or electrical fixtures unless shipped from the
26 manufacturer affixed to,
or an integral part of, another item specified
on this list; and
solar storage
27 tanks
that are part of a solar domestic
hot
water system or a solar space heating system. If the
tank
28 comes with
an external heat exchanger it shall also
be tax exempt, but a standard hot water tank is
29 not exempt from state
sales tax.
30 (58) Returned property. - The amount charged for property returned by customers upon
31 rescission of the contract of sale when the entire amount exclusive of handling charges paid for
32 the property is refunded in either cash or credit, and where the property is returned within one
33 hundred
twenty (120) days from the date of delivery.
34 (59) Dietary Supplements. - From the
sale and from
the storage, use or
other
1 consumption of dietary supplements as
defined in section 44-18-7.1(l)(v),
sold on prescriptions.
2 (60) Blood. - From the sale and from the storage, use or other consumption of human
3 blood.
4 (61) Agricultural products
for
human consumption. - From the sale and from the storage,
5 use or other consumption of livestock and poultry of the kinds of products of which ordinarily
6 constitute food for human consumption and of livestock of the kind the products of which
7 ordinarily constitute fibers for human
use.
8 (62) Diesel
emission control technology. - From the
sale and use of diesel retrofit
9 technology that is required by section
31-47.3-4 of the general laws.
10 (63) Feed for certain animals used in commercial farming. - From the sale of feed for
11 animals as
described in subsection 44-18-30(61).
12 (64) Alcoholic beverages. - From the sale and storage, use, or other consumption in this
13 state by a Class A licensee of alcoholic beverages, as defined in
section 44-18-7.1, excluding beer
14 and malt beverages from December 1, 2013 through
March 31, 2015 June 30, 2015; provided,
15 further, notwithstanding section
6-13-1 or any other
general or public law
to the
contrary,
16 alcoholic beverages, as defined in section 44-18-7.1, shall not be subject to minimum markup
17 from December 1, 2013 through
March 31,
2015 June 30,
2015.
18 SECTION 10. Section 3-10-1 of the General Laws in Chapter 3-10 entitled "Taxation of
19 Beverages" is hereby amended to read as follows:
20 3-10-1. Manufacturing tax rates -- Exemption of religious uses. -- (a) There shall be
21 assessed and levied by the tax administrator on all beverages manufactured, rectified, blended, or
22 reduced for sale in this state a tax of
three dollars and thirty cents ($3.30) three dollars ($3.00) on
23 every thirty-one (31) gallons, and a tax at a like rate for any other quantity or fractional part. On
24 any beverage manufactured, rectified, blended, or reduced for sale in this state consisting in
25 whole or in part of wine, whiskey, rum, gin, brandy spirits, ethyl alcohol, or other strong liquors
26 (as distinguished from beer or other brewery products) the tax to be assessed and levied is as
27 follows:
28 (1) Still wines (whether fortified or not), one dollar and forty cents ($1.40) sixty cents
29 ($.60) per gallon;
30 (2) Still wines (whether fortified or not) made entirely from fruit grown in this state,
31 thirty cents ($.30) per gallon;
32 (3) Sparkling wines (whether fortified or not), seventy five
cents ($.75) per gallon;
1 dollars and seventy-five cents ($3.75) per gallon, except that whiskey, rum, gin, brandy spirits,
2 cordials, and other beverages consisting in whole or in part of alcohol which is the product of
3 distillation
but
which contains alcohol measuring thirty (30) proof or less, one dollar and ten cents
4 ($1.10) per gallon;
5 (5) Ethyl alcohol to be used for beverage purposes, seven dollars and fifty cents ($7.50)
6 per gallon; and
7 (6) Ethyl alcohol to be used for nonbeverage
purposes,
eight cents ($.08) per gallon.
8 (b) Sacramental wines are not subject to any tax if sold directly to a member of the
9 clergy for use by the purchaser, or his or her congregation for sacramental or other religious
10 purposes.
11 (c) A brewer
who brews
beer in
this state
which
is actively and
directly owned,
12 managed, and operated by an authorized legal entity which has owned, managed, and operated a
13 brewery in this state for at least twelve (12) consecutive months, shall receive a tax exemption on
14 the first one hundred thousand (100,000) barrels of beer that it produces and distributes in this
15 state in any calendar year. A barrel of beer is thirty one
(31) gallons.
16 SECTION 11. Section 16 of Article 9 of Chapter 144 of the 2013 Public Laws entitled
17 "AN ACT
RELATING TO MAKING APPROPRIATIONS
FOR THE
SUPPORT OF THE
18 STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2014" is hereby amended to read to as
19 follows:
20 SECTION 16. Section 1 of this article shall take effect on January 1, 2014,
and shall
21 apply to all assets placed in service on or after January 1, 2014. Section 2 of this article shall take
22 effect upon passage and shall apply to tax years beginning on or after January 1, 2014. Section 4
23 of this article shall take effect July 1, 2013. Section 8 of this article shall take effect on July 1,
24 2013 and shall expire
on March
31, 2015 June 30,
2015. Section 15
of this article shall take effect
25 on December 1, 2013. The remainder of this
article
shall take
effect upon passage.
26 SECTION 12. Section 44-22-1.1 of the General Laws in Chapter 44-22 entitled "Estate
27 and Transfer Taxes - Liability and Computation" is
hereby amended to read as
follows:
28 44-22-1.1. Tax
on net estate of decedent. --
(a) (1) For decedents whose death
occurs on
29 or after January 1, 1992, but prior to January 1, 2002, a tax is imposed
upon the transfer of the net
30 estate of every resident or nonresident decedent as a tax upon the right to transfer. The tax is a
31 sum equal to the maximum credit for state death taxes allowed
by 26 U.S.C. section
2011.
32 (2) For decedents whose death occurs on or after January 1, 2002, but prior to
January 1,
1 taxes allowed by 26 U.S.C. section 2011 as it was in effect as of January 1, 2001; provided,
2 however, that the tax shall be imposed only if the net taxable estate shall exceed six hundred
3 seventy-five thousand dollars ($675,000). Any scheduled increase in the unified credit provided
4 in 26 U.S.C. section 2010 in effect on January 1,
2001, or thereafter, shall not apply.
5 (3) For
decedents whose death
occurs
on or after January 1, 2010, and prior to
January 1,
6 2015 a tax is imposed upon
the transfer of the net estate of every
resident or nonresident decedent
7 as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death
8 taxes allowed by 26 U.S.C. section 2011 as it was in effect as of January 1, 2001; provided,
9 however, that the tax shall be imposed only if the net taxable estate shall exceed eight hundred
10 and fifty thousand dollars ($850,000); provided, further, beginning on January 1, 2011 and each
11 January 1 thereafter, until January 1, 2015, said amount shall be adjusted by the percentage of
12 increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the
13 United States Department of Labor Statistics determined as of September 30 of the prior calendar
14 year; said adjustment shall be compounded
annually and shall be rounded up to the nearest five
15 dollar ($5.00) increment. Any scheduled increase in the unified credit provided in 26 U.S.C.
16 section 2010 in
effect on January 1, 2003,
or thereafter, shall not apply.
17 (4) For decedents whose death occurs on or after January 1, 2015, a tax is imposed upon
18 the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to
19 transfer. The tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C.
20 Section 2011, as it was in effect as of January 1, 2001; provided, however, that a Rhode Island
21 credit shall be allowed against any tax so determined in the amount of sixty-four thousand four
22 hundred ($64,400). Any scheduled increase in the unified credit provided in 26 U.S.C. Section
23 2010 in effect on January 1, 2003, or thereafter, shall not apply; provided, further, beginning on
24 January 1, 2016 and each
January 1 thereafter, said Rhode Island credit amount under this section
25 shall be adjusted by the percentage of increase in the Consumer Price Index for all Urban
26 Consumers (CPI-U) as published by the United States Department of Labor Statistics determined
27 as of September 30 of the prior calendar year; said adjustment shall be compounded annually and
28 shall be rounded
up to the nearest five
dollar ($5.00) increment.
29 (b) If the decedent's estate contains property having a tax situs not within the state, then
30 the tax determined by
this section
is
reduced to an amount determined by multiplying
the
tax by a
31 fraction whose numerator is the gross estate excluding all property having a tax situs not within
32 the state at the decedent's death and whose denominator is the gross estate. In determining the
33 fraction, no deductions are considered and the gross estate is not reduced by a mortgage or other
1 (c) (1) The terms
"gross taxable estate", "federal gross estate" or "net taxable
estate" used
2 in this chapter or chapter 23 of this title has the same meaning as when used in a comparable
3 context in the laws of the United States, unless a different meaning is clearly required by the
4 provisions of this chapter or chapter 23 of this title. Any reference in this chapter or chapter 23 of
5 this title to the Internal Revenue Code or other laws of the United States means the Internal
6 Revenue Code
of
1954, 26 U.S.C. section 1 et seq.
7 (2) For decedents whose death occurs on or after January 1, 2002, the terms "gross
8 taxable estate"
"federal gross estate" or "net
taxable estate" used in this chapter or chapter 23 of
9 this title has the same meaning as when used in a comparable context in the laws of the United
10 States, unless a different meaning is clearly required by the provisions of this chapter or chapter
11 23 of this title. Any reference in this chapter or chapter 23 of this title to the Internal Revenue
12 Code or other laws of the United States means the Internal Revenue Code of 1954, 26 U.S.C.
13 section 1
et seq., as they were
in effect as of January 1, 2001, unless
otherwise provided.
14 (d) All values are as finally determined
for federal estate
tax purposes.
15 (e) Property has a tax situs
within
the
state
of
Rhode Island:
16 (1) If it is real estate or tangible personal property and has actual situs within the state of
17 Rhode Island; or
18 (2) If it is intangible personal property and the decedent was a
resident.
19 SECTION 13. Sections 42-64.5-3 and 42-64.5-4 of the General Laws in Chapter 42-64.5
20 entitled "Jobs
Development Act" are hereby amended
to read as follows:
21 42-64.5-3. Tax rate reduction. -- The rate of tax payable by an eligible company and
22 each of its eligible subsidiaries for any taxable year ending on or after July 1, 1995, on its net
23 income pursuant to the applicable income tax provisions of the general laws, including the
24 provisions of sections 44-11-2(a), 44-14-3(a), 44-14-4 and 44-17-1, or on its gross earnings
25 pursuant to
section
44-13-4(4), shall be
reduced
by the amount specified in
section 42-64.5-4; this
26 rate reduction shall be applied annually once to those eligible companies which are permitted by
27 law to file a
consolidated state tax return
or as
part of a combined
group and in the case of eligible
28 companies not permitted required by law to file
as part of a combined group consolidated state
29 tax returns, then the rate reduction shall be applied annually to each eligible company and its
30 eligible subsidiaries; provided, however, except as provided in section 42-64.5-7, should any
31 eligible company fail to maintain in any taxable year after 1997 or, if applicable, the third taxable
32 year following the base employment period election set forth in section 42-64.5-5, the number of
33 units of new employment it reported for its 1997 tax year or, if applicable, the third taxable year
34 following the base employment period election set forth in section 42-64.5-5; the rate reduction
1 provided for in this
chapter shall expire
permanently.
2 42-64.5-4. Reduction rate schedule. -- (a) (i) The amount of the rate reduction specified
3 in section 42-64.5-3 for any eligible company that is not a telecommunications company for each
4 taxable year ending on or after July 1, 1995, shall be based upon the aggregate amount of new
5 employment of the eligible company and its eligible subsidiaries for each taxable year, and shall
6 be determined by multiplying the numerical equivalent of one-quarter of one percent (.25%) by
7 the number of units of new employment for each taxable year through the taxable year ending in
8 1997 or, if applicable, the third taxable year following the base employment period election set
9 forth in section 42-64.5-5; and for each taxable year thereafter, the number of units of new
10 employment reported for the taxable year 1997 or, if applicable, the third taxable year following
11 the base employment
period election set forth in section 42-64.5-5; provided,
however, the
12 amount of each
rate
reduction shall in no event be greater than
six percent (6%).
13 (ii) For the tax years beginning on or after January 1, 2015, the amount of the rate
14 reduction specified
in § 42-64.5-3 for
any eligible company required to file and
pay taxes
15 pursuant to § 44-11-2, shall be based upon the aggregate amount of new employment of the
16 eligible company and its eligible subsidiaries for each taxable year, and shall be determined by
17 multiplying the numerical equivalent of two tenths of one percent (.20%) by the number of units
18 of new employment for
each
taxable year
through
the taxable
year ending in
1997
or,
if
19 applicable,
the third
taxable year following the base employment period election
set
forth in § 42-
20 64.5-5; and for each taxable year thereafter, the number of units of new employment reported for
21 the taxable year 1997 or, if applicable, the third taxable year following the base employment
22 period election set forth in § 42-64.5-5; provided, however, the amount of each rate reduction
23 shall in
no event be greater than four percent (4.0%).
24 (b) The amount of the rate reduction specified in section 42-64.5-3 for any eligible
25 company that is
a telecommunications company shall be
based upon the aggregate
amount of new
26 employment of the eligible company and its eligible subsidiaries for each taxable year and shall
27 be determined in the same manner as set forth in subsection (a) of this section, except that it shall
28 be determined by multiplying the numerical equivalent of one-hundredth of one percent (.01%)
29 by the number of units of new employment and the amount of each rate reduction shall in no
30 event be
greater than one
percent (1%).
31 (c) Notwithstanding
any of the provisions of this chapter, where an eligible
32 telecommunications company has one or more affiliated entities that is an eligible company, the
33 eligible company entitled to a rate reduction may assign its rate
reduction, to be determined in the
34 manner as provided
in subsection
(b)
of this section, to
the
eligible telecommunications company.
1 An entity that assigns the rate
reduction shall not be eligible for the rate
reduction.
2 SECTION 14. Sections 42-64.14-10 and 42-64.14-11 of the General Laws in Chapter 42-
3 64.14 entitled "The
I-195 Redevelopment Act of 2011"
are hereby amended
to read as follows:
4 42-64.14-10. Life sciences tax rate reduction. -- The rate of tax payable by an eligible
5 life sciences company and each of its eligible subsidiaries for any taxable year beginning on or
6 after January 1, 2011, on its net income pursuant to the provisions of subsection 44-11-2(a), shall
7 be reduced by the amount specified in section 42-64.14-11; this rate reduction shall be applied
8 annually once to those eligible life sciences companies which are permitted by law to file a
9 consolidated state tax return
or as part of a combined group and in the case of eligible companies
10 not permitted required by law to file consolidated state tax
returns or as part of a
combined group,
11 then the rate reduction shall be applied annually to each eligible life sciences company and its
12 eligible subsidiaries;
provided,
however, should any
eligible
life
sciences company fail to
13 maintain in any taxable year after 2014 or, if applicable, the third taxable year following the base
14 employment period election set
forth in
section 42-64.14-12,
the number
of units
of new
15 employment it reported for its 2014 tax year or, if applicable, the third taxable year following the
16 base employment period election set forth in section 42-64.14-12, the rate reduction provided for
17 in this chapter shall expire permanently.
18 42-64.14-11. Reduction rate schedule. – (a) The amount of the rate reduction specified
19 in section 42-64.14-10 for any eligible life sciences company for each taxable year beginning on
20 or after January 1, 2012, shall be based upon the aggregate amount of new employment of the
21 eligible life sciences company and its eligible subsidiaries for each taxable year, and shall be
22 determined by multiplying the numerical equivalent of one-quarter of one percent (.25%) by the
23 number of units of new employment for each taxable year through the taxable year ending in
24 2014 or, if applicable, the third taxable year following the base employment period election set
25 forth in section 42-64.14-12; and for each taxable year thereafter, the number of units of new
26 employment reported for the taxable year 2014 or, if applicable, the third taxable year following
27 the base employment period election set forth in section 42-64.14-12; provided, however, the
28 amount of each rate reduction shall in no event be lower than three percent (3%). provided,
29 however, the amount of each rate
reduction shall in no event be
greater than six percent (6%).
30 (b) For tax years beginning on or after January 1, 2015, the amount of the rate reduction
31 specified in § 42-64.14-10 for any eligible company required to file and pay taxes pursuant to §
32 44-11-2, shall be based upon the aggregate amount of new employment of the eligible company
33 and its eligible subsidiaries for each taxable year, and shall be determined by multiplying the
34 numerical equivalent
of
two tenths of one percent
(.20%)
by
the number
of units of
new
1 employment for each taxable year through the taxable year ending in 1997 or, if applicable, the
2 third taxable year following the base employment period election set forth in § 42-64.14-12; and
3 for each taxable year thereafter, the number of units of new employment reported for the taxable
4 year 1997 or, if applicable, the third taxable year following the base employment period election
5 set forth in § 42-64.14-12; provided, however, the amount of each rate reduction shall in no event
6 be greater than four percent (4.0%).
7 SECTION
15. Sections 44-11-1, 44-11-2 and
44-11-4 of the
General Laws in Chapter 44-
8 11 entitled "Business Corporation Tax"
are hereby amended to
read
as follows:
9 44-11-1.
Definitions. -- For the purpose of this chapter:
10 (1) (a) "Captive
REIT" means a corporation,
trust or association:
11 (i) That is considered a real estate investment trust for the taxable year under section 856
12 of the
Internal Revenue Code;
13 (ii) That is
not
regularly traded on an
established securities market; and
14 (iii) More than fifty percent (50%) of the
voting power or value of the beneficial interests
15 or shares of which at any time during the last half of the taxable year, is owned or controlled,
16 directly or indirectly, by a single entity that is subject to the provisions of Subchapter C of
17 Chapter 1
of
the Internal Revenue Code; and
18 (b) "Captive REIT" does
not
include:
19 (i) A corporation, trust or association more than fifty percent (50%) of the voting power
20 or value of the beneficial interests or shares of which, at any time during which the corporation,
21 trust or association satisfies item (1)(iii) of this subsection, is owned or controlled, directly or
22 indirectly, by:
23 (A) A real estate investment trust other than a real estate investment trust described in
24 item (i) of this subsection; or
25 (B) A person exempt from taxation under section 501(a) of the Internal Revenue Code;
26 or
27 (C) A listed Australian Property Trust; and
28 (ii) Subject to regulations that the tax administrator adopts, a real estate investment trust
29 that is intended to become regularly traded on an established securities market and that satisfies
30 the requirements of section 865(A)(5) and (6) of the Internal Revenue Code by reason of section
31 856(h)(2) of the
Internal Revenue Code; and
32 (c) For
purposes of
this section, the
constructive
ownership
rules
prescribed
under
33 section 318(a) of the Internal Revenue Code, as modified by section 856(d)(5) of the Internal
34 Revenue Code, shall apply in determining the ownership of stock, assets or net profits of any
1 person.
2 (2) "Combined group"
means a group of two or more corporations in which more than
3 fifty percent (50%) of the
voting stock of each member corporation is directly or indirectly owned
4 by a common owner or owners, either corporate or non-corporate, or by one or more of the
5 member corporations,
and that are engaged
in a
unitary business.
6 (3) "Common ownership: means more than fifty percent (50%) of the voting control of
7 each member of the group is directly or indirectly owned by a common owner or owners, either
8 corporate or non-corporate, whether or not owner or owners are members of the combined group.
9 .
10 (2)(4) "Corporation" means
every
corporation, joint-stock
company, or association,
11 wherever incorporated, a real estate investment trust, a regulated investment company, a personal
12 holding company registered under the Federal Investment Company Act of 1940, 15 U.S.C.
13 section 80a-1 et seq., and also a trustee or trustees conducting a business where interest or
14 ownership is evidenced by certificates or other written instruments, deriving any income from
15 sources within this state or engaging in any activities or transactions within this state for the
16 purpose of profit or gain, whether or not an office or place of business is maintained in this state,
17 or whether or not the income, activities,
or transactions are connected with intrastate, interstate, or
18 foreign commerce,
except:
19 (i) State banks, mutual savings banks, federal savings banks, trust companies, national
20 banking associations, building and loan associations, credit unions, and loan and investment
21 companies;
22 (ii) Public service corporations included in chapter 13 of this title, except as otherwise
23 provided in section 44-13-2.2;
24 (iii) Insurance and surety companies;
25 (iv) Corporations specified in section 7-6-4, incorporated hospitals, schools, colleges,
26 and other institutions of learning not organized for business purposes and not doing business for
27 profit and no part of the net earnings of which inures to the benefit of any private stockholder or
28 individual, whether incorporated under any general law of this state or by any special act of the
29 general assembly of this
state;
30 (v) Fraternal beneficiary societies as
set forth
in
section
27-25-1;
31 (vi) Any corporation expressly exempt from taxation by charter;
32 (vii) Corporations which together with all corporations under direct or indirect common
33 ownership that satisfies the other requirements of this paragraph employ not less than five (5)
34 full-time equivalent employees in the state; which maintain an office in the state; and activities
1 within the state which are confined to the maintenance and management of their intangible
2 investments or of the intangible investments of corporations or business trusts registered as
3 investment companies under the Investment Company Act of 1940, 15 U.S.C. section 80a-1 et
4 seq., and the collection and distribution of the income from those investments or from tangible
5 property physically
located
outside the state. For
purposes of this paragraph, "intangible
6 investments" includes, without limitation, investments in stocks, bonds, notes, and other debt
7 obligations, including debt obligations of affiliated corporations, patents, patent applications,
8 trademarks, trade names, copyrights,
and
similar types of intangible assets.
9 (3)(5) "Fiscal year" means an accounting
period of twelve (12) months ending on the
last
10 day of any month other than December.
11 (6) "Member" means
a corporation included
in a unitary business.
12 (4)(7) "Place of business" means a regular place of business, which, in turn, means any
13 bona fide
office,
other than
a
statutory office, factory, warehouse, or other space which
is
14 regularly used by the taxpayer in carrying on its business. Where, as a regular course of business,
15 property of the taxpayer is stored by it in a public warehouse until it is shipped to customers, the
16 warehouse is considered a regular place
of
business of the taxpayer and, where as a
regular course
17 of business,
raw material or partially furnished
goods
of
a
taxpayer are
delivered
to an
18 independent contractor to be converted, processed, finished, or improved and the finished goods
19 remain in the possession of the independent contractor until shipped to customers, the plant of the
20 independent contractor is considered a regular place of business of the taxpayer. The mere
21 consignment of goods by the taxpayer to an independent factor outside this state for sale at the
22 consignee's discretion does not constitute the taxpayer as having a regular place of business
23 outside this
state.
24 (8) Tax haven" means a jurisdiction that, during the tax year in question has no or
25 nominal effective tax
on the relevant income
and;
26 (i) has laws or practices that prevent effective exchange of information for tax purposes
27 with other governments on taxpayers benefiting from the tax regime;
28 (ii) Has a tax regime which lacks transparency. A tax regime lacks transparency if the
29 details of legislative, legal or administrative provisions are not open and apparent or are not
30 consistently applied among similarly situated taxpayers, or if the information needed by tax
31 authorities
to determine a taxpayer's correct
tax liability,
such as
accounting records and
32 underlying documentation is not
adequately available;
33 (iii) Facilities the establishment of foreign-owned entities without the need for a local
34 substantive presence or prohibits these entities from having any commercial impact on the local
1 economy;
2 (iv) explicitly or implicitly excluded the jurisdictions resident taxpayers form taking
3 advantage of the tax regime benefits or prohibits enterprisers that benefit from the regime form
4 operating in
the jurisdiction's
domestic market; or
5 (v) Has created a tax regime which is favorable for tax avoidance, based upon an overall
6 assessment
of
relevant
factors,
including
whether the
jurisdiction has
a
significant
untaxed
7 offshore financial/other services
sector relative
to its overall economy.
8 (5)(9) "Taxable year" means the calendar year or the fiscal year ending during the
9 calendar year upon the basis of which the net income is computed under this chapter. "Taxable
10 year" means, in the case of a return made for a fractional part of a year under the provisions of
11 this chapter or under regulations prescribed by the tax administrator, the period for which the
12 return is
made.
13 (6)(10) "Taxpayer"
means and includes any corporation subject to the provisions of this
14 chapter.
15 (11) "Unitary business" means the activities of a group of two (2) or more corporations
16 under common ownership that are sufficiently interdependent, integrated or interrelated through
17 their activities so as to provide mutual benefit and produce a significant sharing or exchange of
18 value among them or a significant flow of value between the separate parts. The term unitary
19 business shall be
construed to the broadest extent permitted under the
United States Constitution.
20 (12) "United States" means the fifty (50) states of the United States, the District of
21 Columbia,
the
United
States' territories and
possessions.
22 44-11-2. Imposition of tax. -- (a) Each corporation shall annually pay to the state a tax
23 equal to nine percent (9%) of net income, as defined in section 44-11-11, qualified in section 44-
24 11-12, and apportioned to this state as provided in sections 44-11-13 -- 44-11-15, for the taxable
25 year.
For tax years beginning on or after January 1, 2015, each corporation shall annually pay to
26 the state a tax equal to seven percent (7.0%) of net income, as defined in § 44-11-13 – 44-11-15,
27 for the taxable year.
28 (b) A corporation shall pay the amount of any tax as computed in accordance with
29 subsection (a) of this section after deducting from "net
income," as used in this section, fifty
30 percent (50%) of the excess of capital gains over capital losses realized during
the
taxable year, if
31 for the taxable year:
32 (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its
33 own behalf and
not
as a broker, underwriter, or distributor;
34 (2) Its gross receipts derived from these activities during the taxable year amounted to at
1 least ninety percent (90%) of its total gross receipts derived from all of its activities during the
2 year. "Gross receipts" means all receipts, whether in
the
form of money, credits, or other valuable
3 consideration, received during the taxable year in connection with the conduct of the taxpayer's
4 activities.
5 (c) A corporation shall not pay the amount of the tax computed on the basis of its net
6 income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten
7 cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of
8 one hundred dollars ($100),
whichever
tax shall be
the
greater, if for the taxable year
the
9 corporation
is either a "personal holding company"
registered under
the
federal
Investment
10 Company Act of 1940, 15 U.S.C. section 80a-1 et seq., "regulated investment company", or a
11 "real estate investment trust"
as defined in the federal income tax law applicable to the taxable
12 year. "Gross income" means gross income as defined in the federal income tax law applicable to
13 the taxable year,
plus:
14 (1) Any interest not included in the federal gross income; minus
15 (2) Interest on obligations of the United States or its possessions, and other interest
16 exempt from taxation by this state; and minus
17 (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during
18 the taxable year.
19 (d) (1) A small business corporation having an election in effect under subchapter S, 26
20 U.S.C. section 1361 et seq., shall not be subject to the Rhode Island income tax on corporations,
21 except that the corporation shall be subject to the provisions of subsection (a), to the extent of the
22 income that is subjected
to federal tax under subchapter S.
Effective for tax years
beginning
on or
23 after January 1, 2015, a small business corporation having an election in effect under subchapter
24 S, 26 U.S.C.
§ 1261 et seq., shall be subject to the minimum tax
under § 44-11-2(e).
25 (2) The shareholders of the corporation who are residents of Rhode Island shall include
26 in their income their proportionate share
of
the corporation's federal taxable income.
27 (3) [Deleted
by P.L. 2004, ch. 595. art.
29, section
1.]
28 (4) [Deleted
by P.L. 2004, ch. 595, art. 29, section
1.]
29 (e) Minimum tax. - The
tax imposed
upon any corporation under this section, including a
30 small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et
31 seq., shall not be less than five hundred dollars ($500).
32 44-11-4. Returns of affiliated groups of corporations. –
For tax years beginning before
33 January 1, 2015, An an
affiliated group of corporations may file a consolidated return for the
34 taxable year in lieu of separate returns; provided, that all the corporations which constitute the
1 affiliated group at any time during the period for which the return is made and which are subject
2 to taxation under this chapter shall consent to the making of the consolidated return. The tax
3 administrator may prescribe rules and regulations as he or she may deem necessary in order that
4 the tax liability of any affiliated group of corporations making a consolidated return and of each
5 corporation in the group, liable to taxation under this chapter, both during and after the period of
6 affiliation, may be determined, computed, assessed, collected, and
adjusted in a manner as clearly
7 to reflect the net income and
the
corporate excess and
to prevent avoidance of tax liability.
8 SECTION 16. Chapter 44-11 of the General Laws entitled "Business Corporation Tax" is
9 hereby amended by
adding thereto the following section:
10 44-11-4.1. Combined reporting. --
(a) For tax years beginning on or after January 1,
11 2015, each C corporation which is part
of an
unitary business
with
one or more other 19
12 corporations must file a return, in a manner prescribed by the tax administrator, for the combined
13 20 group containing the
combined income, determined
under this section, of
the combined group.
14 (b) An affiliated group of C corporations, as defined in section 1504 of the Internal
15 Revenue Code, may elect to be treated as a combined group with respect to the combined
16 reporting requirement imposed by § 44-11-4.1 (a) for the taxable year in lieu of an unitary
17 business group.
The election shall be upon the condition that all C corporations which at any
time
18 during the taxable year have been members of the affiliated group consent to be included in such
19 group. The filing of a consolidated return for the combined group shall be considered as such
20 consent. Such election may not be revoked in less than five (5) years unless approved by the tax
21 administrator.
22 (c) The use of a combined report does not disregard the
separate identities of the
taxpayer
23 members of the combined group. Each taxpayer member is responsible for tax based on its
24 taxable income or loss apportioned to this state.
25 (d) Members of a combined group shall exclude as a member and disregard the income
26 and apportionment factors of any corporation not incorporated in the United States (a"non US
27 corporation") if the sales factors outside the United States is eighty percent (80%) or more. If a
28 non US corporation is includible as a member in the combined group, to the extent that such non
29 US corporation's income is subject to
the provisions
of
a federal income
tax treaty,
such income is
30 not includible in the combined group net income. Such member shall also not include in the
31 combined report any expenses or apportionment factors attributable to income that is subject to
32 the provisions of a federal income tax treaty. For purposes of this chapter, "federal income tax
33 treaty"
means a
comprehensive
income tax
treaty between
the United
States and a
foreign
34 jurisdiction, other than a foreign jurisdiction which is defined as a tax haven; provided, however,
1 that if the tax administrator determines that a combined group member non US corporation is
2 organized in a tax haven that has a federal income treaty with the United States, its income
3 subject to a federal income tax treaty, and any expenses or apportionment factors attributable to
4 such income, shall not be included in the combined group net income or combined report if: (i)
5 the transactions conducted between such non US corporation and other members of the combined
6 group are done on an arm’s length basis and not with the principal purpose to avoid the payment
7 of taxes due under this chapter; or (ii) the member establishes that the inclusion of such net
8 income in combined
group net income is
unreasonable.
9 (e) Net Operating Losses. A tracing protocol shall apply to net operating losses created
10 before January
l, 2015. Such net operating
losses shall be allowed to offset only
the income of the
11 corporation that created the net operating loss; the net operating loss cannot be shared with other
12 members of the combined group. No deduction is allowable for a net operating loss sustained
13 during any taxable year in which a taxpayer was not subject to Rhode Island business corporation
14 tax. For net operating losses created in tax years beginning on or after January 1, 2015 such loss
15 allowed shall be the same as the net operating loss deduction allowed under section 172 of the
16 internal revenue code for the combined group, except that:
17 (1) Any net operating loss included in determining the deduction shall be adjusted to
18 reflect the inclusions and exclusions from entire net income required by §44-11-11 (a) and § 44-
19 11-11.1;
20 (2) The deduction shall not include any net operating loss sustained during any taxable
21 year in which the member was not subject to
the
tax imposed by this
chapter; and
22 (3) The deduction shall not exceed the deduction for the taxable year allowable under
23 section 172 of the internal revenue code; provided, that the deduction for a taxable year may not
24 be carried back to any other taxable year for Rhode Island purposes but shall only be allowable
25 on a carry forward basis for the five
(5) succeeding taxable
years.
26 (f) Tax Credits and Tax
Rate
Reduction.
27 (1) A tracing protocol shall apply to Rhode Island tax credits earned before tax years
28 beginning on or before January 1, 2015. Such Rhode Island tax credits shall be allowed to offset
29 only the tax liability of the corporation
that earned the
credits; the Rhode Island
tax credits
cannot
30 be shared with other members of the combined group. Rhode Island tax credits earned in tax
31 years beginning on
or after January 1,
2015, may be applied to other members of the
group.
32 (2) The tax rate reductions authorized under § 42-64.5 (Jobs Development Act) and § 42-
33 2 64.14 (1-195 Redevelopment Act of 2011) shall be allowed against the net income of the entire
34 combined group.
1 (g) The tax administrator shall prescribe
and amend,
from
time
to time, rules and
2 regulations as he or she may deem necessary in order that the tax liability of any group of
3 corporations filing as a combined group and each corporation in the combined group, liable to
4 taxation under this chapter, may be determined, computed, assessed, collected, and adjusted in a
5 manner as to clearly reflect the combined income of the combined group and the individual
6 income of each member of the combined group. Such rules and regulations, shall include but are
7 not be limited to, issues such as the inclusion or exclusion of a corporation in the combined
8 group, the characterization and sourcing of each member's income, and whether certain common
9 activities constitute
the
conduct of a unitary business.
10 (h) The tax administrator shall on or before March 15, 2018,
based upon the actual tax
11 filings of companies under this act for a two year period, submit a report to the chairperson of the
12 house finance committee and the senate finance committee and the house fiscal advisor and the
13 senate fiscal advisor analyzing the policy and fiscal ramifications of the changes enacted to
14 business
corporations tax statutes, as enacted in budget article
12 of
the
Fiscal Year 2015
15 appropriations act. The report shall include but not be limited to the impact upon categories of
16 business, size of business and similar information as contained in Rhode Island General Laws 44-
17 11-45, which required the original report.
18 SECTION 17. Sections 44-11-11 and 44-11-14 of the General Laws in Chapter 44-11
19 entitled "Business
Corporation Tax" are
hereby amended
to
read as follows:
20 44-11-11. "Net income" defined. -- (a) (1) "Net income" means, for any taxable year
21 and for any corporate taxpayer, the taxable income of the taxpayer for that taxable year under the
22 laws of the
United
States, plus:
23 (i) Any interest not included in the taxable income;
24 (ii) Any specific exemptions;
25 (iii) For a captive REIT, an amount equal to the amount of the dividends paid deduction
26 allowed
under the Internal Revenue
Code for the taxable
year;
27 (iv)(iii) The tax imposed by this chapter; and minus
28 (v) Any deductions required to be added back to net income under the provisions of
29 paragraph (f) of this section,
and minus
30 (vi)(iv) Interest on obligations of the United States or its possessions, and other interest
31 exempt from taxation by this state; and
32 (vii)(v) The federal net operating loss
deduction.
33 (2) All binding federal elections made by or on behalf of the taxpayer applicable either
34 directly or indirectly to the determination of taxable income shall be binding on the taxpayer
1 except where this chapter or its attendant regulations specifically modify or provide otherwise.
2 Rhode Island taxable income shall not include the "gross-up of dividends" required by the federal
3 Internal Revenue Code to be taken into taxable income in connection with the taxpayer's election
4 of the
foreign
tax
credit.
5 (b) A net operating loss deduction shall be allowed which shall be the same as the net
6 operating loss deduction allowed under 26 U.S.C. section
172, except that:
7 (1) Any net operating loss included in determining the deduction shall be adjusted to
8 reflect the inclusions and exclusions from entire net income required by subsection (a) of this
9 section and
section 44-11-11.1;
10 (2) The deduction shall not include any net operating loss sustained during any taxable
11 year in
which the taxpayer was not subject to the tax
imposed by this
chapter; and
12 (3) The deduction shall not exceed the deduction for the taxable year allowable under 26
13 U.S.C. section 172; provided, that the deduction
for
a taxable year may
not be carried back to any
14 other taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis
15 for the five
(5) succeeding taxable years.
16 (c) "Domestic international sales corporations" (referred to as DISCs), for the purposes
17 of this chapter, will be treated as they are under federal income tax law and shall not pay the
18 amount of the tax computed under section 44-11-2(a).
Any income to shareholders of DISCs is to
19 be treated in the same manner as it is treated under federal income tax law as it exists on
20 December 31, 1984.
21 (d) A corporation which qualifies as a "foreign sales corporation" (FSC) under the
22 provisions of subchapter N, 26 U.S.C. section 861 et seq., and which has in effect for the entire
23 taxable year a valid election under federal law to be treated as a FSC, shall not pay the amount of
24 the tax computed under section 44-11-2(a). Any income to shareholders of FSCs is to be treated
25 in the same manner as it is treated under federal income tax law as it exists
on
January 1, 1985.
26 (e) As
used
in
this section:
27 (1) "Affiliated group" has the same meaning as in section 1504 of the Internal Revenue
28 Code.
29 (2) "Intangible expenses and costs"
includes: (A) expenses, losses and costs for, related
30 to, or in connection directly or indirectly with the direct or indirect acquisition, use, maintenance
31 or management, ownership, sale, exchange, or any other disposition of intangible property to the
32 extent such amounts are allowed as deductions or costs in determining taxable income before
33 operating loss deduction and special deductions for the taxable year under the Internal Revenue
34 Code; (B) losses related to
or
incurred
in connection directly
or
indirectly
with
factoring
1 transactions or discounting transactions; (C) royalty, patent, technical and copyright fees; (D)
2 licensing fees; and
(E) other similar expenses and
costs.
3 (3) "Intangible property" means patents, patent applications, trade names, trademarks,
4 service marks,
copyrights and
similar types of intangible
assets.
5 (4) "Interest expenses and
costs"
means amounts directly or indirectly
allowed
as
6 deductions under section 163 of the Internal Revenue Code for purposes of determining taxable
7 income under the Internal Revenue Code to the extent such expenses and costs are directly or
8 indirectly for, related to, or in connection with the direct or indirect acquisition, maintenance,
9 management,
ownership, sale, exchange or disposition of intangible
property.
10 (5) "Related member" means a person that, with respect to the taxpayer during all or any
11 portion of the taxable year, is a related entity, as defined in this subsection, a component member
12 as defined in section 1563(b) of the Internal Revenue Code, or is a person to or from whom there
13 is attribution of stock ownership in accordance with section 1563(e) of the Internal Revenue
14 Code.
15 (6) "Related entity" means: (A) a stockholder who is an individual, or a member of the
16 stockholder's family enumerated in section 318 of the Internal Revenue Code, if the stockholder
17 and the members of
the stockholder's family
own directly, indirectly, beneficially
or
18 constructively, in
the aggregate, at
least fifty
percent (50%)
of
the
value
of the
taxpayer's
19 outstanding stock; (B) a stockholder, or a stockholder's partnership, limited liability company,
20 estate, trust or corporation, if the stockholder and the stockholder's partnership, limited liability
21 companies, estates, trusts and corporations own directly, indirectly, beneficially or constructively,
22 in the aggregate, at least fifty percent (50%) of the value of the taxpayer's outstanding stock; or
23 (C) a corporation, or a party related to the corporation in a manner
that would require
an
24 attribution of stock from the corporation to the party or from the party to the corporation under
25 the attribution rules of section 318 of the Internal Revenue Code, if the taxpayer owns, directly,
26 indirectly,
beneficially
or constructively, at
least
fifty percent
(50%) of the value of the
27 corporation's outstanding stock. The
attribution rules on
section 318 of the
Internal Revenue Code
28 shall apply for purposes of determining whether the ownership requirements of this subdivision
29 have been met.
30 (f) For purposes of computing its net income under this section, a corporation shall add
31 back otherwise deductible interest expenses and costs and intangible expenses and costs directly
32 or indirectly paid, accrued or incurred to, or in connection directly or indirectly with one or more
33 direct or indirect transactions
with, one or more
related
members.
1 corporation establishes by clear and convincing evidence that the adjustments are unreasonable,
2 as determined by the tax administrator or the corporation and the tax administrator agree in
3 writing to the application or use of an alternative method of apportionment under section 44-11-
4 15. Nothing in this subsection shall be construed to the limit or negate the tax administrator's
5 authority to
otherwise enter into agreements and
compromises otherwise allowed
by
law.
6 (2) The adjustments required in subsection (f) of this section shall not apply to such
7 portion of interest expenses and costs and intangible expenses and costs that the corporation can
8 establish by the preponderance of the evidence meets both of the following: (A) the related
9 member during the same income year directly or indirectly paid, accrued or incurred such portion
10 to a person who is not a related member; and (B) the transaction giving rise to the interest
11 expenses and costs or the intangible expenses and costs between the corporation and the related
12 member did not have as a significant purpose the avoidance of any portion of the tax due under
13 chapter 44-11.
14 (3) The adjustments required in
subsection
(f)
shall
not
apply
if the
corporation
15 establishes by clear and convincing evidence, as determined by the tax administrator, that: (i) a
16 principal purpose of the transaction giving rise to the payment of interest was not to avoid
17 payment of taxes due under this chapter; (ii) the
interest is paid pursuant to a contract that reflects
18 an arm's length rate of interest and terms; and (iii) (A) the related member was subject to tax on
19 its net income in this state or another state or possession of the United States or a foreign nation;
20 (B) a measure of said tax included the interest received from the taxpayer; and (C) the effective
21 rate of tax applied to the interest received by the related member is no less than the effective rate
22 of tax applied to
the taxpayer under this chapter minus 3
percentage points.
23 (4) Partial Adjustments. - The
add back required
in subsection (f) shall not be
required
in
24 part if a portion of the add back would be unreasonable. A portion of the add back will be
25 considered unreasonable to the extent that the taxpayer establishes to the tax administrator by
26 clear and convincing evidence that interest or intangible expense was paid, accrued or incurred to
27 a related member that is taxed on the corresponding income by a state, U.S. possession or foreign
28 jurisdiction. An adjustment to the add back will be allowed based on a factor determined by the
29 apportioned tax rate of the related member in the other jurisdiction compared to the apportioned
30 tax rate of the taxpayer in this state. A taxpayer that seeks to claim this adjustment must file a
31 schedule that sets forth the information required by the tax administrator.
32 (g) Nothing in this section shall require a corporation to add to its net income more than
33 once any amount of interest
expenses
and costs or
intangible
expenses and
costs
that
the
1 section.
2 (h) Any taxpayer required to make an adjustment required in subsection (f) for tax years
3 beginning on or after January 1, 2008, is additionally required to report to the tax administrator,
4 on forms required by him, the amount of any adjustments that would have been required if the
5 law applied to tax
years beginning on or after January 1,
2007.
6 (i) Nothing in this section shall be construed to limit or negate the tax administrator
7 authority to
make
adjustments under section 44-11-15.
8 44-11-14. Allocation of income from business partially within state. -- (a) In the case
9 of a taxpayer deriving its income
from
sources both within
and outside of this state
or engaging in
10 any activities or transactions both within and outside of this
state for the purpose
of profit or gain,
11 its net income shall be apportioned to this state by
means of an allocation
fraction to be
computed
12 as a simple arithmetical mean
of three (3) fractions:
13 (1) The first of these fractions shall represent that part held or owned within this state of
14 the average net book value
of the total tangible
property (real estate
and tangible personal
15 property) held or owned by the taxpayer during the taxable year, without deduction on account of
16 any encumbrance thereon;
17 (2) The second fraction
shall represent that part of the
taxpayer's total receipts from sales
18 or other sources during the taxable year which is attributable to the taxpayer's activities or
19 transactions within this state during the taxable year; meaning and including within that part, as
20 being thus
attributable, receipts from:
21 (i) Gross sales of its tangible personal property (inventory sold in the ordinary course of
22 business) where:
23 (A) Shipments are made to points within this state; or
24 (B) Shipments are made from an office, store, warehouse, factory or other place of
25 storage in this state and the taxpayer is not taxable
in
the state of the purchase.
26 (ii) Gross income from services performed
within the state;
27 (iii) Gross
income from rentals
from property situated within
the state;
28 (iv) Net income from the sale of real and personal property, other than inventory sold in
29 the ordinary course of business as described in paragraph (i) of this subdivision, or other capital
30 assets located
in
the state;
31 (v) Net income from the sale or other disposition of securities or financial obligations;
32 and
1 compensation to officers, employees, and agents paid or incurred by the taxpayer during the
2 taxable year which is
attributable
to services
performed in
connection
with
the taxpayer's
3 activities or transactions within this
state
during the taxable year.
4 (b) For tax years beginning on or after January 1, 2015, all taxpayers organized under
5 subchapter C of the Internal Revenue Code deriving income from sources both
within and outside
6 of this state, or engaging in any activities or transactions both within and outside of this state for
7 the purpose of profit or gain, its net income shall be apportioned to this state by means of an
8 allocation fraction
to
be computed as a simple
arithmetical of the following factors:
9 (1) The factor shall represent that part of the taxpayer's total receipts from sales or other
10 sources during the taxable year which is attributable to the taxpayer's activities or transactions
11 within this state during the taxable year; meaning and including within that part, as being thus
12 attributable, receipts
from:
13 (i) Gross sales of its tangible personal property (inventory sold in the ordinary course of
14 business) where:
15 (A) Shipments are made
to
points within
this state; or
16 (B) Shipments are made from an office, store, warehouse, factory or other place of
17 storage in this state
and the taxpayer is not taxable in the state of the purchase.
18 (ii) Gross income from the performance of services where the recipient of the service
19 receives all of the benefit of the service in this state. If the recipient of the service receives some
20 of the benefit of the service in this
state,
gross income which shall be included in the
numerator of
21 the apportionment factor in proportion to the extent the recipient receives benefit of the service in
22 this state;
23 (iii) Gross income
from
rentals from property situated within the state;
24 (iv) Net income from the sale of real and personal property, other than inventory sold in
25 the ordinary course of business as described in subsection (b)(1)(i) of this section, or other capital
26 assets located
in
the state;
27 (v) Net income from the sale or other disposition of securities or financial obligations;
28 and
29 (vi) Gross
income from all other receipts
within the
state.
30 (vii) Except as
otherwise
provided under
this section,
each unitary business group
31 member shall include all receipts in this state without regard to whether the member has nexus in
32 this state. Receipts between members included in a unitary business group must be eliminated in
1 subject to the gross earnings tax pursuant to chapter 13 of this title shall not be included in the
2 calculation
described
in
this section.
3 SECTION 18. Section 44-11-45 of the General Laws in Chapter 44-11 entitled "Business
4 Corporation Tax" is
hereby repealed.
5 44-11-45. Combined reporting study. -- (a) For the
purpose of this section:
6 (1) "Common ownership"
means more than fifty percent (50%) of the voting control of
7 each member of the group is directly or indirectly owned by a common owner or owners, either
8 corporate
or
non-corporate, whether or not owner or owners
are
members of the combined
group.
9 (2) "Member" means a corporation included in a unitary business.
10 (3) "Unitary business" means the activities of a group of two (2) or more corporations
11 under common ownership that are sufficiently interdependent, integrated or interrelated through
12 their activities so as to provide mutual benefit and produce a significant sharing or exchange of
13 value among them or a significant flow of value between the separate parts. The term unitary
14 business shall be construed to
the
broadest extent permitted under the
United States Constitution.
15 (4) "United States" means the fifty (50) states of the United States, the District of
16 Columbia, the United States' territories
and possessions.
17 (b) Combined reporting.
18 (1) As part of its tax return for a taxable year beginning after December 31, 2010 but
19 before
January 1, 2013, each corporation which is part of an unitary
business must file a report, in
20 a manner prescribed by the tax administrator, for the combined group containing the combined
21 net income of the combined group. The use of a combined report does not disregard the separate
22 identities of the members of the combined group. The report shall include, at minimum, for each
23 taxable
year the
following:
24 (i) The difference in tax owed as a result of filing a combined report compared to the tax
25 owed under the current filing requirements;
26 (ii) The difference in tax owed as a result of using the single sales factor apportionment
27 method under this paragraph as compared to the tax owed using the current three (3) factor
28 apportionment method
under section
44-11-14;
29 (iii) Volume of sales in
the
state and worldwide; and
30 (iv) Taxable income
in the state and
worldwide.
31 (2) The combined
reporting
requirement required pursuant to
this section shall not
32 include any persons that engage in activities enumerated in sections 44-13-4, 44-14-3, 44-14-4 or
33 44-17-1, whether within or outside this state. Neither the income or loss nor the apportionment
1 (3) Members of a combined group shall exclude as a member and disregard the income
2 and apportionment factors of any corporation incorporated in a foreign jurisdiction (a "foreign
3 corporation") if the average of its property, payroll and sales factors outside the United States is
4 eighty percent (80%) or more. If a foreign corporation is includible as a member in the combined
5 group, to the extent that such foreign corporation's income is subject to
the
provisions of a
federal
6 income tax treaty, such
income is not includible in
the combined group net income. Such member
7 shall also not include in the combined report any expenses or apportionment factors attributable
8 to income that is subject to the provisions of a federal income tax treaty. For purposes of this
9 chapter, "federal income tax treaty" means a comprehensive income
tax treaty between the
United
10 States and a foreign jurisdiction, other than a foreign jurisdiction which the organization for
11 economic co-operation and development has determined has not committed to the internationally
12 agreed tax standard, or has committed to the international agreed tax standard but has not yet
13 substantially implemented
that standard, as
identified
in the
then-current
organization for
14 economic co-operation and development progress report.
15 (c) Any corporation which is required to
file a report under this section which
fails
to file
16 a timely report or which files a false report shall be assessed a penalty not to exceed ten thousand
17 dollars ($10,000). The penalty may be
waived for good
cause shown for failure to timely file.
18 (d) The tax administrator shall on or before March 15, 2014, based on the information
19 provided in income tax returns and the data submitted under this section, submit a report to the
20 chairpersons of the house finance committee and senate finance committee, and the house fiscal
21 advisor and the senate fiscal advisor analyzing the policy and fiscal ramifications of changing the
22 business corporation tax
statute to a combined method of reporting.
23 SECTION
19. Section
44-26-2.1 of the
General
Laws in
Chapter 44-26 entitled
24 "Declaration of Estimated Tax by Corporations" is hereby amended
to read as
follows:
25 44-26-2.1. Declaration -- Due date -- Payment -- Interest. -- (a) Notwithstanding any
26 general
or
specific statute to
the contrary,
every
corporation
having
a
taxable year
ending
27 December 31, 1990, or thereafter, shall file a declaration of its estimated tax for the taxable year
28 ending December 31, 1990, or thereafter, if its estimated tax can reasonably be expected to
29 exceed five hundred dollars ($500). The declaration, sworn to by the officer of the corporation
30 who is required to sign its return under any of the chapters and section mentioned in section 44-
31 26-1 shall contain the pertinent information and be in the form that the tax administrator may
32 prescribe. The entire amount of the estimated tax shall constitute the amount of the advance
33 required
to be paid. (b) (1) Except as provided
in
subdivision (2) of this
subsection,
the
34 declaration of estimated tax required of corporations by subsection (a) of this section shall be
1 filed as
follows:
2 If the
requirements
of subsection
(a)
are first met: The declaration shall be
filed
on
3 or before:
4 before the first day of the of the
third month
of
5 the taxable year .............................................................. the fifteenth
day of the third
6 month
of the
taxable year;
7 after the first day of the third month and before the fifteenth
day of the sixth
8 the first day of the sixth month of the
taxable year......... month of the taxable year.
9 (2) The declaration of estimated tax required of corporations subject to section 27-3-38
10 relating to surplus line brokers premium tax or under any special act or acts in lieu of the
11 provisions of that section or in amendment of or in addition to that section shall be filed as
12 follows:
13 If the
requirements
of subsection
(a)
are first met: The declaration shall be
filed
on
14 or before:
15 Before the first day of the fourth month
of the ................ thirtieth
day of the fourth
month
16 of the taxable
year
17 After the first day of the fourth
month and
18 before the first day of the sixth
month
of the
19 taxable year ...................................................................... the thirtieth
day of the sixth
20 month
of the taxable
year
21 After the first day of the sixth month and before the thirtieth day of the tenth
22 the first day of the tenth month of the
taxable year ......... month of the taxable year
23 After the first day of the tenth
month and before
24 the first day of the twelfth month of the taxable the thirty-first day of the
twelfth
25 year .................................................................................. month of the taxable year
26 (c) An amendment of a declaration may
be filed
in any
interval between installment dates
27 prescribed for the taxable year, but only one
amendment may be
filed
in
each interval.
28 (d) The tax administrator may grant a reasonable extension of time, not to exceed thirty
29 (30) days, for filing a declaration.
30 (e) (1) The amount of the advance based on the estimated tax declared under subsection
31 (a) of this section by corporations described in subdivision (b)(1) of this section shall be paid as
32 follows:
33 (i) If the declaration is filed on or before the fifteenth (15th) day of the third (3rd) month
34 of the taxable year, the advance shall be paid in two (2) installments. The first installment in the
1 amount of forty percent (40%) of the estimated tax shall be paid at the time of the filing of the
2 declaration. The second and last installment in the amount of sixty
percent (60%) of the
estimated
3 tax shall be paid on or before the
fifteenth (15th) day of the
sixth (6th) month
of
the taxable
year.
4 (ii) If the declaration is filed after the fifteenth (15th) day of the third (3rd) month of the
5 taxable year and is not required by subsection (b) of this section to be filed on or before the
6 fifteenth (15th) day of the third (3rd) month of the taxable year, but is required to be filed on or
7 before the fifteenth (15th) day of the sixth (6th) month, the advance shall be paid in full at the
8 time
of filing.
9 (2) The amount of the
advance based in the
estimated tax
declared under subsection (a) of
10 this
section
by corporations listed in subdivision (b)(2) of this section
shall be paid as follows:
11 (i) If the declaration is filed on or before the thirtieth (30th) day of the fourth (4th) month
12 of the taxable year, the advance shall be paid in four (4) equal installments. The first installment
13 shall be paid on or before the thirtieth (30th) day of the fourth (4th) month of the taxable year,
14 and the second (2nd), third (3rd), and fourth (4th) installments shall be paid on or before the
15 thirtieth (30th) day of
the sixth (6th) month, the thirtieth (30th) day of the tenth
(10th) month, and
16 the thirty-first (31st) day of the twelfth (12th) month of the taxable year, respectively.
17 (ii) If the declaration is filed before the thirtieth (30th) day of the sixth (6th) month of the
18 taxable year, the advance shall be paid in three (3) equal installments. The first installment shall
19 be paid on or before the thirtieth (30th) day of the sixth (6th) month of the taxable year and the
20 second (2nd) and third (3rd) installments shall be paid on or before the thirtieth (30th) day of the
21 tenth (10th) month and the thirty-first (31st) day of the twelfth (12th) month of the taxable year
22 respectively.
23 (iii) If the declaration is filed on or before the thirtieth (30th) day of the tenth (10th)
24 month of the taxable year, the advance shall be paid in two (2) equal installments. The first
25 installment shall be paid on or before the thirtieth (30th) day of the tenth (10th) month of the
26 taxable year and the second installment shall be paid on or before the thirty-first (31st) day of the
27 twelfth (12th) month of the taxable
year.
28 (iv) If the declaration is filed after the time prescribed in subdivision (b)(2) of this
29 section, including cases in which an extension of time for filing the declaration has been granted,
30 there shall be paid at the time of the filing all installments of the advance which would have been
31 payable on or before that time if the declaration had been filed within the time prescribed in
32 subdivision (b)(2) of this section.
33 (f) If the declaration is filed after the time prescribed in subsection (b) of this section
34 including cases
in which
an
extension
of
time
for
filing the declaration has
been
granted,
1 paragraph (e)(1)(ii) of this section does not apply, and there shall be paid at the time of the filing
2 all installments of the advance which would have been payable on or before that time if the
3 declaration had
been filed within
the
time prescribed in subsection (b).
4 (g) If any amendment of a declaration is filed, the installment payable on or before the
5 fifteenth (15th) day of the sixth (6th) month, if any, or in the case of corporations licensed as
6 surplus line brokers under section 27-3-38, the installments payable on or before the thirtieth
7 (30th) days of the sixth (6th) or tenth (10th) month and thirty-first (31st) day of the twelfth (12th)
8 month are ratably increased or decreased, as the case may be, to reflect the increase or decrease,
9 as the
case
may be, in the
estimated tax by reason
of the amendment.
10 (h) At the election of the
corporation, any
installment of the
advance may be paid prior to
11 the date prescribed for payment.
12 (i) In the case of any underpayment of the advance by a corporation, except as provided
13 in this section, there is added to the tax due under chapters 11 -- 15 and 17 of this title, or section
14 27-3-38, for the taxable year an amount determined at the rate described in section 44-1-7 upon
15 the amount of the underpayment for the period of the underpayment. For the purpose of this
16 subsection, the "amount of the underpayment" is the excess of the amount of the installment or
17 installments which would be required to be paid if the advance payments were equal to eighty
18 percent (80%) of the tax shown
on the return for the taxable year. For the purposes of this
19 subsection, the "period of the underpayment"
is the period from the date the installment was
20 required to be paid to the date prescribed under any of the chapters previously mentioned in this
21 section for the payment of the tax for the taxable year or, with respect to any portion of the
22 underpayment, the date on which the portion is paid, whichever date is the earlier. A payment of
23 the advance on the fifteenth (15th) day of the sixth (6th) month, or for section 27-3-38 on the
24 thirtieth (30th) day of the sixth (6th) month, of the taxable year is considered a payment of any
25 previous underpayment only to the extent that the payment exceeds the amount of the installment
26 due on the fifteenth (15th) day of the sixth (6th) month, or for section 27-3-38 on the thirtieth
27 (30th) day of the sixth (6th) month, of the taxable
year.
28 (j) Notwithstanding the provisions of this section, the addition to the tax with respect to
29 any underpayment of any installment is not imposed if the total amount of all payments of the
30 advance made on or before the last date prescribed for payment of the installment equals or
31 exceeds the amount which would have been required to be paid on or before that date if the
32 amount of the advance was an amount equal to one hundred percent (100%) of the tax computed
33 at the rates applicable to the taxable year but otherwise on the basis of the fact shown on the
34 return of the
corporation for and the law
applicable to the preceding taxable
year.
1 (k) This section is effective for estimated payments being made by corporations for
2 taxable years
ending on or after December 31,
1990.
3 (l) Notwithstanding any other provisions of this section any taxpayer required to make an
4 adjustment in accordance with section 44-11-11(f) in a tax year beginning in calendar year 2008
5 shall compute estimated
payments for that tax year as follows:
6 (1) The
installments must equal 100% of the tax
due
for the prior year plus
any additional
7 tax due
for the
current year adjustment under section 44-11-11(f), or
8 (2) That installments
must equal 100% of the current year tax liability.
9 (m) Notwithstanding any other provisions of this section any taxpayer required to file a
10 combined report in accordance with § 44-11-4.1 in a tax year beginning on or after January 1,
11 2015, shall compute estimated
payments for that tax
year
as follows:
12 (1) The installments must equal one hundred percent (100%) of the tax due for the prior
13 year plus
any
additional tax due to the combined report provisions
under § 44-1-4.1; or
14 (2) The installments must equal one hundred percent (100%) of the current year tax
15 liability.
16 SECTION 20. Chapter 44-12 of the General Laws entitled "Franchise Tax"
is hereby
17 repealed
in
its entirety.
18 CHAPTER 44-12
19 Franchise Tax
20 44-12-1. Tax imposed -- Corporations liable -- Credit for tax on income -- Reduced
21 rate where no business done. -- (a) Every corporation, joint-stock company, or association
22 incorporated in this state or qualified to do business in this state, whether or not doing business
23 for profit, all referred to in this section under the term "corporation", except those enumerated in
24 section
44-12-11, shall pay an
annual franchise tax
to the
state upon its authorized capital stock of
25 two dollars fifty cents ($2.50) for each ten thousand dollars ($10,000) or fractional part, or the
26 sum of five
hundred
dollars ($500),
whichever is greater.
27 (b) In the case of corporations liable to a tax under chapter 11 of this title, only the
28 amount by which
the
franchise tax exceeds the tax payable under that chapter shall be assessed.
29 (c) If a corporation
shall show by supplemental affidavit attached to
the prescribed return
30 and signed in the manner provided for each return that it has not, at any time during its preceding
31 taxable year, been engaged within the state in any business activities, it shall only pay an annual
32 franchise tax upon its authorized capital stock at the following rates: five hundred dollars ($500)
33 where the stock does not exceed one million dollars ($1,000,000); and the further sum of twelve
34 dollars fifty cents ($12.50) for each additional one million dollars ($1,000,000) or fractional part
1 of the stock.
2 44-12-2. Filing of returns -- Contents. -- Every corporation shall, on or before the date
3 fixed for filing returns under section 44-11-3, file with the tax administrator as of the last day of
4 its next preceding taxable year a return, under oath or affirmation, signed by its treasurer or by an
5 authorized officer or agent of the corporation, if organized, and if not organized, under oath of
6 some one authorized to act by the incorporators, containing information as the tax administrator
7 may require,
including:
8 (1) The name
of the
corporation and
the location of its principal office.
9 (2) The amount of its capital stock authorized, and
the par value thereof.
10 (3) The amount of its capital stock authorized, without par value.
11 44-12-3. Valuation of no-par stock. -- In the
case of corporations having capital stock of
12 no-par value, one hundred dollars ($100) per share shall be deemed to be the par value for the
13 purposes of this chapter.
14 44-12-4. Assessment of tax -- Notice of amount. -- The tax administrator, as soon as
15 possible after the filing of the return, shall assess, as of the last day of its next preceding taxable
16 year, a tax
upon each corporation as provided
in
this chapter and
shall mail a notice of the
amount
17 of the tax to each corporation, but failure to receive the notice shall not invalidate the tax or
18 excuse the
nonpayment of the tax.
19 44-12-4.1. Hearing by tax administrator on application. -- Any corporation aggrieved
20 by the action of the tax administrator in determining the amount of any tax or penalty imposed
21 under the provisions of this chapter may apply to the tax administrator, in writing, within thirty
22 (30) days after the notice of the action is mailed to it, for a hearing relative thereto. The tax
23 administrator shall fix a time and place for the hearing and shall so notify the applicant. At the
24 hearing the tax administrator shall correct manifest errors, if any, disclosed at the hearing and
25 assess and collect the lawfully due tax together with any penalty or interest on the tax.
26 44-12-5. Payment of tax -- Collection powers. -- The tax shall be payable within fifteen
27 (15) days after its assessment and, if not paid when due, shall bear interest from the date of its
28 assessment at the annual rate provided by section 44-1-7 until paid. The tax administrator shall
29 receive and collect the taxes so assessed in the same manner and with the same powers as are
30 prescribed for, and given
to,
collectors of taxes by chapters
7 --
9 of this title.
31 44-12-5.1. Claims for refund -- Hearing upon denial. -- (a) Any corporation subject to
32 the provisions of this chapter may file a claim for refund with the tax administrator at any time
33 within two (2) years after the tax has been paid. If the tax administrator shall determine that the
34 tax has been overpaid, he or she shall make a refund with interest at the annual rate provided by
1 section 44-1-7.1
from
the date of overpayment.
2 (b) Any
corporation
whose claim for refund has
been denied may, within thirty
(30)
days
3 from the date of the mailing by the tax administrator of the notice of the decision, request a
4 hearing, and the tax administrator shall, as soon as practicable, set a time and place for the
5 hearing and
shall notify the applicant.
6 44-12-6. Penalty for failure to make return. -- If the return that is required to be made
7 by section 44-12-2 is not made
within the time fixed by this chapter, the officer or agent
8 neglecting or refusing to make the
return
shall be
fined not exceeding five
hundred dollars
($500).
9 44-12-7. Lien on real estate. -- The tax shall from the date of assessment become a lien
10 upon the real estate of the
corporation liable for the tax until the tax is collected.
11 44-12-8. Forfeiture of
charter or articles
for nonpayment
of tax. -- The tax
12 administrator may, after July 15 of each year, make up a list of all corporations which have failed
13 to pay any franchise tax assessed for two (2) years after the tax became due and payable, shall
14 certify to the correctness of the list, and shall file the list as a public record in the office of the
15 secretary of state. Upon the filing of the certified list, the charter or articles of association of each
16 of the corporations shall become forfeited by reason of the failure to pay the tax, and all the
17 corporations shall cease to be bodies corporate, except as provided in section 7-1.2-1324. The
18 secretary of state shall mail a notice of the forfeiture of charter or articles of association to each
19 corporation at its last known address, but failure to receive the notice shall not invalidate the
20 forfeiture. Any corporation or any stockholder, officer, or agent of the corporation, continuing to
21 act thereafter under any forfeited charter or articles of association, except as provided in section
22 7-1.2-1324, or pending an appeal from the forfeiture as provided, shall be deemed guilty of a
23 misdemeanor and upon conviction shall be
fined
not
less than fifty dollars ($50.00) nor more
than
24 one thousand
dollars ($1,000) for each offense.
25 44-12-9. Publication of forfeitures -- Vacation on payment of tax. -- The secretary of
26 state shall publish in one or more of the daily public newspapers printed in the city of Providence
27 the names of all corporations whose charters or articles of association have been forfeited. The
28 forfeiture
shall be vacated
as to
any corporation, which shall pay all taxes and
all
interest then due
29 to the
tax administrator within
sixty (60) days of the date of the
publication.
30 44-12-10. Appeal of forfeitures. -- Any corporation, by any stockholder or officer of the
31 corporation, aggrieved by the forfeiture of the charter or articles of association of the corporation
32 may appeal from the forfeiture, within thirty (30) days from the date of the publication, to the
33 sixth (6th) division of the district court, and the court shall proceed as
soon as possible to hear the
34 appeal after the manner of equitable causes. If the appellant shall show to the satisfaction of the
1 court that the forfeiture of the charter or articles of association of the corporation was erroneous
2 under the provisions, or that the tax assessed was improper or erroneous in whole or in part, and
3 in that case
if
the appellant shall pay
all
taxes and all interest then due under this
chapter, then
the
4 court shall sustain the appeal and shall vacate the forfeiture as to the appellant corporation. Upon
5 failure to show error in the forfeiture under the provisions, or to pay all taxes and all interest due,
6 the court shall dismiss the appeal and confirm the forfeiture. Upon the sustaining of the appeal of
7 any corporation,
the clerk of the district court shall, within ten
(10)
days, file with the secretary
of
8 state and with the division of taxation an attested copy of the decree vacating the forfeiture as to
9 the appellant corporation. A party aggrieved by a final order of the court may seek review in the
10 supreme court by writ of certiorari in accordance with the procedures contained in section 42-35-
11 16.
12 44-12-11. Corporations exempt. -- The provisions of this section shall not apply to the
13 following corporations: Roger Williams General Hospital, Women and Infants Hospital of Rhode
14 Island, Rhode Island Hospital,
St.
Joseph's Hospital, Butler Hospital,
Cranston
General Hospital...
15 Osteopathic, the
Woonsocket Hospital, Newport Hospital, South County
Hospital,
Lincoln
16 School, St. George's School, the Mary C. Wheeler School, Incorporated, insurance or surety
17 companies, corporations mentioned in sections 7-6-4, 27-25-1, and 44-13-4, and all corporations
18 exempt by charter or by the law of this state.
19 44-12-12. Declarations under
penalty of perjury. -- The oath
or affirmation required by
20 this chapter as to any report or written statement shall not be required if the report or statement to
21 be sworn to contains or is verified by a written declaration that it is made under the penalties of
22 perjury; and whoever signs or issues any report or statement containing or verified by a written
23 declaration
shall, if the report or statement is
willfully false,
be guilty of perjury.
24 44-12-13. Appeals -- Interest on refunds. -- Appeals from administrative orders or
25 decisions made pursuant to any provisions of this chapter shall be to the sixth (6th) division
26 district court pursuant to chapter 8 of title 8. The taxpayer's right to appeal shall be expressly
27 made conditional upon prepayment of all taxes, interest, and penalties unless the taxpayer moves
28 for and is granted an exemption from the prepayment requirement pursuant to section 8-8-26. If
29 the court, after appeal, holds that the taxpayer is entitled to a refund, the taxpayer shall also be
30 paid interest on
the amount at the rate provided
in section 44-1-7.1.
31 SECTION 21. Section 44-11-15 of the General Laws in Chapter 44-11 entitled "Business
32 Corporation Tax" is
hereby amended to read as follows:
33 44-11-15.
Variation of
method of
allocating income. --
If at any time
the tax
34 administrator, on his
or
her own motion or acting
upon a complaint by a taxpayer,
determines that
1 the methods of allocation provided are inequitable either to the state or to the taxpayer, the tax
2 administrator, after affording the taxpayer reasonable opportunity to be heard, may apply any
3 other method of
allocation that is
equitable
and, if necessary, shall redetermine the tax.
4 The division of taxation shall establish an independent appeals process to attempt to
5 resolve disputes between the tax administrator and the taxpayer with respect to the method of
6 allocation applied. The decision resulting from the independent appeals process shall not prohibit
7 either party from pursuing any legal remedy otherwise available if the issue is not resolved as a
8 result of the appeal process. The decision resulting from the independent appeals process can be
9 used a evidence.
10 SECTION 22. Section 4 is effective upon passage and shall apply to tax years beginning
11 January 1, 2014. Section 7 and sections 13 through 21 of this article shall take effect upon
12 passage and shall apply
to tax years beginning January 1, 2015.
The
remainder of this article shall
13 take effect as
of July 1, 2014.
14
1 ARTICLE 13
=======
art.013/2/013/1
=======
2 RELATING TO STATE LOTTERY
3 SECTION 1. Section 42-61-15 of the General Laws in Chapter 42-61 entitled "State
4 Lottery" is hereby amended to read as follows:
5 42-61-15. State lottery fund. -- (a) There is created the state lottery fund, into which
6 shall be deposited all revenues received by the division from the sales of lottery tickets and
7 license fees. The fund shall be in the custody of the general treasurer, subject to the direction of
8 division for the use of the division, and money shall be disbursed from it on the order of the
9 controller of the state, pursuant to vouchers or invoices signed by the director and certified by the
10 director of administration. The moneys in the state lottery fund shall be allotted in the following
11 order, and only for the
following purposes:
12 (1) Establishing a prize fund from which payments of the prize awards shall be disbursed
13 to holders of winning lottery tickets on checks signed by the director and countersigned by the
14 controller of the state or his or her designee.
15 (i) The amount of payments of prize awards to holders of winning lottery tickets shall be
16 determined by the division, but shall not be less than forty-five percent (45%) nor more than
17 sixty-five
percent (65%) of the total revenue accruing from the sale
of
lottery tickets.
18 (ii) However, for For the lottery game commonly known as "Keno",
the amount of prize
19 awards to holders of winning Keno tickets shall be determined by the division, but shall not be
20 less than forty-five percent (45%) nor more than seventy-two percent (72%) of the total revenue
21 accruing from the sale
of
Keno tickets.
22 (2) Payment of expenses incurred by the division in the operation of the state lotteries
23 including, but not limited
to, costs
arising
from contracts
entered into by the
director
for
24 promotional, consulting, or operational services, salaries of professional, technical, and clerical
25 assistants,
and
purchases
or
lease of facilities, lottery
equipment, and
materials; provided
26 however, solely for the purpose of determining revenues remaining and available for transfer to
27 the state's general fund, beginning in fiscal year 2015, expenses incurred by the division in the
28 operation of state lotteries shall reflect the actuarially determined employer contribution to the
29 Employees' Retirement System consistent with the state's adopted funding policy. For financial
30 reporting purposed, the state lottery fund financial statements shall be prepared in a accordance
1 with generally accepted accounting principles as promulgated by the Governmental Accounting
2 Standards Board; and
3 (3) Repayment
into
the general revenue fund
of the
amount appropriated for
the
4 implementation of the state lottery; and
5 (4)(3) Payment into
the
general revenue fund of all revenues remaining in the
state
lottery
6 fund after the payments specified in subdivisions (a)(1) –
(a)(3) (a)(2) of this section; provided,
7 that the amount to be transferred into the general revenue fund shall equal no less than twenty-
8 five percent (25%) of the total revenue received and accrued from the sale of lottery tickets plus
9 any other income earned from the lottery; provided further, that the revenue returned to the
10 general fund from the game commonly known as Keno, shall not be calculated as part of the
11 twenty-five percent (25%) mandate required by this section, but the amount transferred into the
12 general revenue fund shall equal no less than fifteen percent (15%) of the total Keno revenue
13 received.
14 (b) The auditor general shall conduct an annual post audit of the financial records and
15 operations of the lottery for the preceding year in accordance with generally accepted auditing
16 standards and government auditing standards. In connection with the audit, the auditor general
17 may examine all records, files, and other documents of the division, and any records of lottery
18 sales agents that pertain to their activities as agents, for purposes of conducting the audit. The
19 auditor general, in addition to the annual post audit, may require or conduct any other audits or
20 studies he
or
she deems appropriate, the costs of which shall be borne by the division.
21 (c) Payments into the state's general fund specified in subsection (a)(4) (3) of this section
22 shall be made on an estimated quarterly basis. Payment shall be made on the tenth business day
23 following the close of the quarter except for the fourth quarter when payment shall be on the last
24 business day.
25 SECTION 2. The general assembly hereby finds that the Twin River facility located in
26 the town of Lincoln is an important source of revenue for the state of Rhode Island. The purpose
27 of sections 3 through 5 of this article is to protect and enhance the state's ability to maximize
28 revenues at Twin River during a period of increasing competition in the regional market by
29 setting forth terms and conditions of certain Twin River growth opportunities. It is the intent of
30 the general assembly that this act, being necessary for the welfare of the state and its citizens,
31 shall be liberally construed so as to effectuate its purposes, including without limitation, the
32 state's
attempt to
minimize
certain commercial risks faced by Twin River.
33 SECTION 3. Definitions. For the purposes of this chapter, the following terms shall have
34 the following meanings:
1 (1) "Division" means the division of lotteries within the Rhode Island department of
2 revenue.
3 (2) "Division percentage" means for any marketing year, the division's percentage of net
4 terminal income
as set forth in
§ 42-61.2-7.
5 (3) "Marketing program" means that marketing program set forth in Chapter 16 of the
6 Public Laws of 2010, Part A, Section 4(a)(iii), as amended by Chapter 151, Article 25 of the
7 Public Laws
of
2011, Section
8 and as further amended
by Section 4 hereof.
8 (4)
"Master contract"
means that certain master video lottery
terminal contract made as of
9 July 18, 2005 by and between the division, the department of transportation and UTGR, Inc., as
10 amended from time to time.
11 SECTION 4. Unless otherwise amended by this act, the terms, conditions, provisions and
12 definitions of Chapters
322 and 323 of the Public Laws
of 2005, Chapter 16
of the Public Laws
of
13 2010, Chapter 151, Article 25 of the Public Laws of 2011, Chapter 289 of the Public Laws of
14 2012 and Chapters 106 and 107 of the Public Laws of 2013 are hereby incorporated by reference
15 and shall remain in
full force
and effect.
16 SECTION 5. Authorized procurement of fourth amendment to the master video lottery
17 terminal contract.
18 (a) Notwithstanding any provision of the general or Public Laws to the contrary, within
19 ninety (90) days of the date hereof, the division is hereby expressly authorized and directed to
20 enter into with UTGR, Inc. a fourth amendment to the master contract for the following purposes
21 and containing the following terms and
conditions:
22 (1) Commencing July 1, 2014,
the
marketing program shall be amended as
follows:
23 (i) Subject to subsections (a)(1)(ii) and (a)(1)(iii) herein for each marketing year to the
24 extent
UTGR, Inc.'s
marketing
expenditures
exceed
four million dollars ($4,000,000), the
25 division shall pay UTGR, Inc. an amount equal to the amount of such excess multiplied by the
26 division percentage.
27 (ii) Subject to subsection (a)(1)(iii) herein, the total amount payable by the division for
28 each marketing year shall be capped at an amount equal to the division percentage multiplied by
29 six million dollars ($6,000,000) (i.e., ten million dollars ($10,000,000) total marketing program
30 expenditures); provided further, that in any partial marketing year, the total amount payable by
31 the division shall be capped at an amount equal to the division percentage multiplied by six
32 million dollars ($6,000,000), the product of which shall be further reduced by multiplying it by a
33 fraction: (A) The
numerator of which
is the
number of days in
any partial marketing year; and
(B)
34 The denominator of which is three hundred sixty-five (365).
1 (iii)
To the
extent UTGR, Inc.'s
aggregate marketing program
expenditures exceed
2 fourteen million dollars ($14,000,000) in any given marketing
year, the division shall pay
UTGR,
3 Inc. an amount
equal to the
amount of such
excess
multiplied by
the division percentage;
4 provided however,
if
the total aggregate amount of UTGR, Inc.'s marketing
program expenditures
5 in any given marketing year exceeds seventeen million dollars ($17,000,000), the division shall
6 not be required to make payments with respect to such excess amounts. By the way of example
7 only, if in a particular marketing year UTGR, Inc.'s marketing
program expenditures equal fifteen
8 million dollars ($15,000,000), the division shall pay to UTGR, Inc. the division percentage
9 multiplied
by the sum of six
million dollars ($6,000,000),
plus
one million dollars ($1,000,000).
10 (2)(i) The requirements of the following subsection found in Chapter 16 of the Pub. L. of
11 2010, Part A, Section 4(a)(iii)(2) be stricken and removed from the first amendment to the master
12 contract, to wit; and (ii) The division shall not owe any amount pursuant to said subsection
13 4(a)(iii) in any given marketing year unless, pursuant to § 42-61.2-7(a), the state has received net
14 terminal income for such marketing year in an amount equal to or exceeding the amount of net
15 terminal income the state received for the state's fiscal year 2009. The requirements so stricken
16 shall allow the marketing program and payments due thereunder to be in effect for fiscal year
17 2015 pursuant to
the terms and
conditions
set forth
in said
section.
18 (3) Except to the extent amended hereby, the terms, provisions and conditions of the
19 master contract, including without limitation those terms,
provisions and conditions relating to
the
20 marketing program, shall remain in full force and effect. If there is a conflict between any
21 provision
of the master contract and
this
article,
the
provisions of this article control.
22 SECTION
6. This article shall take effect upon
passage.
=======
art.014/5/014/4/014/3/014/2/018/2/018/1
=======
1 ARTICLE 14
2 RELATING TO GOVERNMENT REORGANIZATION
3 SECTION
1. Sections 30-15-5 and 30-15-6 of the
General Laws
in Chapter 30-15
4 entitled "Emergency Management" are
hereby amended to
read
as follows:
5 30-15-5. Emergency management preparedness agency created –
Personnel –
6 Facilities. -- (a) There is hereby created within the executive department, the Rhode Island
7 emergency management agency (hereinafter in this chapter called the "agency"),
to be headed by
8 the adjutant general of the Rhode Island national guard an executive director, who shall be
9 appointed by and serve at the pleasure of, the governor and who shall be in the unclassified
10 service.
11 (b) The adjutant general executive director may employ
such technical,
clerical,
12 stenographic, and other personnel, all of whom shall be in the classified service, and may make
13 such expenditures within the appropriation therefor, or from other funds made available for the
14 purposes of this chapter, as may be necessary to carry out the purposes of this chapter, consistent
15 with
other applicable provisions of law.
16 (c) The agency may provide itself with appropriate office space, furniture, equipment,
17 supplies, stationery,
and printing.
18 (d) The adjutant general, executive director, subject to the direction and control of the
19 governor, shall be the executive head of the agency, and shall be responsible to the governor for
20 carrying out the program for disaster preparedness of this state. The adjutant general executive
21 director shall coordinate the activities of all organizations for disasters within the state, and shall
22 maintain liaison with and
cooperate with disaster agencies and organizations of other states and
of
23 the federal government.
The adjutant
general executive director shall
have
such additional
24 authority, duties, and responsibilities authorized by this chapter as may be prescribed by the
25 governor.
26 30-15-6. Advisory council. – (a) There is hereby created the Rhode Island emergency
27 management advisory council (hereinafter in this chapter called the "council"). The council will
28 consist of forty (40) members as
follows:
29 (1) Twenty-two
(22)
ex officio
members as
follows:
30 (i) The lieutenant governor;
1 (ii) The
adjutant general;
2 (iii) The
director of administration/statewide
planning;
3 (iv) The
director of health;
4 (v) The director of transportation;
5 (vi) The director of human services;
6 (vii) The
superintendent of state
police;
7 (viii) The
public utilities administrator;
8 (ix) The
director of the department of environmental management;
9 (x) The director of
mental health, retardation, and hospitals department of behavioral
10 healthcare, developmental disabilities and hospitals;
11 (xi) The
director of elderly affairs;
12 (xii) The
chairperson of the state
water resources
board;
13 (xiii) The chairperson
of the governor's
commission on disabilities;
14 (xiv) The chairperson of the
Rhode Island public transit authority;
15 (xv) The executive director of the coastal resources management council or his or her
16 designee;
17 (xvi) The executive director of the American
Red Cross, Rhode Island chapter;
18 (xvii) The
executive
director of the
Rhode Island emergency management agency;
19 (xviii) The state court administrator;
20 (xix) The executive
director of the commission on
the deaf and
hard
of
hearing;
21 (xx) The
director of the Providence
emergency management agency;
22 (xxi) The executive director of E-911
emergency telephone system division;
23 (xxii) The federal security director of the
transportation security
administration
for Rhode
24 Island; and
25 (2) Eighteen (18) members appointed by and serving at the pleasure of the governor, as
26 follows:
27 (i) Two (2) members of the
senate, recommended by
the
president of the senate, not more
28 than one
of
whom shall be from the same political party;
29 (ii) Two
(2)
members of the house of representatives, recommended by
the
speaker of the
30 house, not more than
one of whom shall be from the same
political party;
31 (iii) One
representative
of
the electric industry;
32 (iv) One representative of the
gas
industry;
33 (v) One representative
of the telephone industry;
34 (vi) The executive director of the Rhode Island petroleum association or other similarly
1 situated person;
2 (vii) Two (2) representatives of the general public, one who shall have expertise in
3 disaster preparedness;
4 (viii) One representative of the Rhode
Island
league
of cities
and
towns;
5 (ix) One representative of the
media;
6 (x) One representative
of the water supply industry;
7 (xi) One representative of the
health care industry;
8 (xii) One
representative
of the Rhode Island firefighters
association;
9 (xiii) One representative of the Rhode
Island
association of fire chiefs;
10 (xiv) One representative
of a private
ambulance company; and
11 (xv) One representative of a level I trauma hospital who shall have direct expertise in
12 disaster preparedness.
13 (b) It shall be the duty of the council to advise the governor and the adjutant general
14 executive director on all matters
pertaining to
disaster preparedness.
The lieutenant governor shall
15 serve as chairperson of the council and the adjutant general executive director shall serve as vice-
16 chairperson. In providing advice to the governor and the adjutant general, executive director, the
17 council shall, among other matters reasonably related
to their authority,
do the following:
18 (1) Establish
a regular meeting schedule and
form subcommittees as
may
be appropriate;
19 (2) Review emergency management plans and other matters as may be acted upon or
20 otherwise
provided
for
in this chapter;
21 (3) Establish priorities and goals
on emergency management matters on
an annual basis;
22 (4) Study emergency management plans in conjunction with the adjutant general, and
23 otherwise
conduct such other studies as may be deemed
appropriate;
24 (5) Review
the coordination
of the state's
emergency
management
programs
with
25 appropriate authorized
agencies and conduct studies
on the
programs as
may
be necessary;
26 (6) Review
the plans
and operations
of
the various cities and towns in
disaster
27 preparedness in conjunction with the director and his or her office as
required or necessary; and
28 (7) [Deleted by P.L. 2000,
ch. 170, § 2];
29 (8) Provide an annual report on its activities in conjunction with the adjutant general
30 executive director.
31 SECTION 2. Section 39-1-27.12 of the General Laws in Chapter 39-1 entitled "Public
32 Utilities Commission" is
hereby amended
to
read as follows:
33 39-1-27.12. Low Income Home Energy Assistance Program Enhancement Plan. --
34 (a) The Low Income Home Energy Assistance Program Enhancement Plan (hereinafter
"LIHEAP
1 Enhancement Plan") is hereby created to supplement the federal Low Income
Household Home
2 Energy Assistance Program ("LIHEAP") funding being received by customers of Rhode Island
3 electric and
gas
distribution companies.
4 (b) Within a period of time sufficient to accomplish the purposes of this section, but not
5 longer
than ninety
(90)
days
after
the effective date of
this
chapter, the Office of Energy
6 Resources department of human services shall
develop
a
recommended
monthly
"LIHEAP
7 Enhancement Charge" rate for the
following year and make
a filing with
the
commission pursuant
8 to this chapter recommending rates. Thereafter annually but no later than October 15 of each
9 year, the
office department shall make filings with the commission to recommend the LIHEAP
10 Enhancement Charge rates
for
each class of electric
and natural
gas distribution company
11 customer for the following year.
12 (c) A LIHEAP Enhancement Charge
approved
by
the Commission shall have
the
13 following limitations:
14 (1) For electric distribution company customers, the charge shall not be more than ten
15 dollars ($10.00) per year.
16 (2) For natural gas distribution company customers, the charge shall not be more than ten
17 dollars ($10.00) per year.
18 (3) The
total projected annual
revenue
for
the LIHEAP
Enhancement Plan through
19 charges to all electric and natural gas distribution company customers shall not exceed seven
20 million five hundred thousand dollars ($7,500,000) and shall not be below six million five
21 hundred
thousand dollars ($6,500,000).
22 (d) The commission shall open a docket to consider for approval LIHEAP Enhancement
23 Charge rates proposed by the office department. In
reviewing the
recommended rates the
24 commission
shall give due consideration to
the
recommendations of the
office department and the
25 standards set forth in subsection (c) of this section. The commission shall issue a decision within
26 sixty (60) days after said recommendations and report are filed with the commission establishing
27 the Enhancement Plan
Charge rates.
28 (e) The electric or gas distribution company shall use the funds collected through this
29 Enhancement Plan Charge to provide a credit to customers accounts that are receiving federal
30 LIHEAP assistance payments. The office of energy resources department of human services shall
31 designate to the gas or electric distribution company the qualifying customer accounts and the
32 amounts to be credited to those customer accounts, provided that the total amount to be credited
33 to those accounts shall be fully funded by and not exceed the total amount collected through the
34 Enhancement
Plan Charge. The
electric
or
gas distribution
company's
added administrative
1 expenses to process the credit assignments provided to it by the office of energy resources
2 department of human services will be recoverable either from the LIHEAP Enhancement Charge
3 or through
a separate charge
approved by the Public
Utilities Commission.
4 (f) As used in this section, "electric and natural gas distribution company" means a
5 company as
defined in subsection 39-1-2(12), but not including the
Block Island Power Company
6 or the
Pascoag Utility District.
7 SECTION
3. Section 42-17.1-2
of
the General
Laws in
Chapter 42-17.1 entitled
8 "Department of Environmental Management" is
hereby amended
to
read as follows:
9 42-17.1-2. Powers and duties. -- The director of environmental management shall have
10 the following powers and duties:
11 (1) To supervise and control the protection, development, planning, and utilization of the
12 natural resources of the state, such resources, including but not limited to, water, plants, trees,
13 soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,
14 shellfish, and
other forms of aquatic, insect, and
animal life;
15 (2) To exercise all functions, powers, and duties heretofore vested in the department of
16 agriculture
and
conservation,
and
in each
of
the divisions
of the
department, such
as
the
17 promotion of agriculture and animal husbandry in their several branches, including the inspection
18 and suppression of contagious diseases among animals, the regulation of the marketing of farm
19 products, the inspection of orchards
and
nurseries, the protection
of trees
and shrubs from
20 injurious insects and diseases, protection from forest fires, the inspection of apiaries and the
21 suppression
of
contagious diseases among
bees,
prevention
of
the sale of adulterated
or
22 misbranded agricultural seeds, promotion and encouragement of the work of farm bureaus in
23 cooperation with the University of Rhode Island, farmers' institutes and the various organizations
24 established for the purpose of developing an interest in agriculture, together with such other
25 agencies and activities as the governor and the general assembly may from time to time place
26 under the control of the department, and as heretofore vested by such of the following chapters
27 and sections of the general laws as are presently applicable to the department of environmental
28 management and which were previously applicable to the department of natural resources and the
29 department of agriculture and conservation or to any of its divisions: chapters 1 through 22,
30 inclusive, as amended,
in title 2 entitled "Agriculture and Forestry;" chapters 1 through 17,
31 inclusive, as amended,
in title 4 entitled "Animals and Animal Husbandry;" chapters 1 through
32 19, inclusive,
as
amended,
in title 20 entitled "Fish and Wildlife;" chapters
1
through 32,
33 inclusive, as amended,
in title 21 entitled "Food and Drugs;" chapter 7 of title 23 as amended,
34 entitled "Mosquito Abatement;" and by any other general or public law relating to the department
1 of agriculture and conservation or to any of its divisions or bureaus;
2 (3) To exercise all the functions, powers, and duties heretofore vested in the division of
3 parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled
4 "Parks and Recreational Areas;" by chapter 22.5 of title 23, as amended,
entitled "Drowning
5 Prevention and Lifesaving;" and by any other general or public law relating to the division of
6 parks
and
recreation;
7 (4) To exercise all the functions, powers, and duties heretofore vested in the division of
8 harbors and rivers of the department of public works, or in the department itself by such as were
9 previously applicable to the division or the department, of chapters 1 through 22 and sections
10 thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or
11 public
law relating to the division of harbors
and
rivers;
12 (5) To exercise
all
the functions,
powers and duties heretofore
vested in
the department of
13 health by chapters 25, 18.9,
and 19.5 of title 23, as amended, entitled "Health and Safety;" and by
14 chapters 12 and 16 of title 46, as amended,
entitled "Waters and Navigation"; by chapters 3, 4, 5,
15 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended,
entitled "Animals and Animal Husbandry;" and
16 those functions, powers, and duties specifically vested in
the director of
environmental
17 management by the provisions of § 21-2-22, as amended, entitled "Inspection of Animals and
18 Milk;" together with other powers and duties of the director of the department of health as are
19 incidental to or necessary for the
performance of
the functions transferred by this section;
20 (6) To
cooperate with the Rhode
Island
economic
development corporation
in its
21 planning and promotional functions, particularly in
regard to
those resources
relating to
22 agriculture, fisheries,
and
recreation;
23 (7) To cooperate with, advise, and guide conservation commissions of cities and towns
24 created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter
25 203 of the
Public Laws,
1960;
26 (8) To assign or reassign, with the approval of the governor, any functions, duties, or
27 powers established by this chapter to any agency within the department, except as hereinafter
28 limited;
29 (9) To cooperate with the water resources board and to provide to the board facilities,
30 administrative support, staff services, and such other services as the board shall reasonably
31 require for its operation and, in cooperation with
the
board and the statewide planning
program to
32 formulate and maintain a long range guide plan and implementing program for development of
33 major
water
sources transmissions
systems needed to furnish water
to regional
and
local
34 distribution systems;
1 (10) To cooperate with the solid waste management corporation and to provide to the
2 corporation such facilities, administrative support, staff services and such other services within
3 the department as the corporation shall reasonably require for its
operation;
4 (11) To provide for the maintenance of waterways and boating facilities, consistent with
5 chapter 6.1 of title 46, by: (i) establishing minimum standards for upland beneficial use and
6 disposal of dredged material; (ii) promulgating and enforcing rules for water quality, ground
7 water protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) planning for the
8 upland beneficial use and/or disposal of dredged material in
areas not under the
jurisdiction of the
9 council pursuant to § 46-23-6(2); and (iv) cooperating with the coastal resources management
10 council in the development and implementation of comprehensive programs for dredging as
11 provided for in
§§
46-23-6(1)(ii)(H)
and
46-23-18.3; and (v) monitoring dredge material
12 management and disposal sites in accordance with the protocols established pursuant to § 46-6.1-
13 5(3) and the comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties
14 granted herein shall be construed to
abrogate the powers or duties granted to the
coastal resources
15 management council under chapter 23 of title
46, as amended;
16 (12) To establish
minimum standards,
subject to the
approval of the environmental
17 standards board, relating to the location, design, construction and maintenance of all sewage
18 disposal systems;
19 (13) To enforce, by such means as provided by law, the standards for the quality of air,
20 and water,
and the
design,
construction
and operation
of
all sewage
disposal systems; any order or
21 notice issued by the director relating to the location, design, construction or maintenance of a
22 sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director
23 shall forward the order or notice to the city or town wherein the subject property is located and
24 the order or notice shall be recorded in the general index by the appropriate municipal official in
25 the land evidence records in the city or town wherein the subject property is located. Any
26 subsequent transferee of that property shall be
responsible
for
complying with
the
requirements
of
27 the order or notice. Upon satisfactory completion of the requirements of the order or notice, the
28 director shall provide written notice of the same, which notice shall be similarly eligible for
29 recordation. The original written notice shall be forwarded to the city or town wherein
the
subject
30 property is located and
the notice of satisfactory completion shall be recorded in
the
general index
31 by the appropriate municipal official in the land evidence records in the city or town wherein the
32 subject property is located. A copy of the written notice shall be forwarded to the owner of the
33 subject property within five (5) days of a request for it, and, in any event, shall be forwarded to
34 the
owner of the
subject property within
thirty (30) days after correction;
1 (14) To establish minimum standards for the establishment and maintenance of salutary
2 environmental conditions,
including
standards
and
methods
for
the
assessment
and
the
3 consideration of the cumulative effects on the environment of regulatory actions and decisions,
4 which
standards for consideration
of cumulative
effects
shall
provide
for:
(i)
evaluation
of
5 potential cumulative effects that could adversely effect public health and/or impair ecological
6 functioning; (ii) analysis of such other matters relative to cumulative effects as the department
7 may deem appropriate in fulfilling its duties, functions and powers; which standards and methods
8 shall only be applicable to ISDS systems
in the
town
of Jamestown in
areas that are
dependent for
9 water supply on private
and public wells, unless broader use is approved by
the general assembly.
10 The department shall report to the general assembly not later than March 15, 2008 with regard to
11 the development and application
of such standards and methods in Jamestown.
12 (15) To establish and enforce minimum standards
for
permissible types
of
septage,
13 industrial waste
disposal sites and waste
oil
disposal sites;
14 (16) To
establish
minimum
standards
subject
to the approval of
the
environmental
15 standards
board for
permissible types of refuse
disposal facilities, the
design, construction,
16 operation,
and maintenance of disposal facilities; and the location of various types of facilities;
17 (17) To exercise all functions, powers, and duties necessary for the administration of
18 chapter 19.1
of
title 23
entitled "Rhode Island Hazardous Waste
Management Act";
19 (18) To designate in writing any person in any department of the state government or any
20 official of a district, county, city, town, or other governmental unit, with that official's consent, to
21 enforce any rule, regulation, or order promulgated and adopted by the director under
any
22 provision
of law;
provided,
however, that enforcement
of
powers of
the coastal
resources
23 management council shall be assigned only to employees of the department of environmental
24 management, except by mutual agreement or as otherwise provided in chapter 23
of
title 46;
25 (19) To issue and enforce such rules, regulations, and orders as may
be necessary to carry
26 out the duties assigned
to the director and
the
department by
any provision of law; and to conduct
27 such investigations and hearings and to issue, suspend, and revoke such licenses as may be
28 necessary to enforce
those rules, regulations, and orders.
29 Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a
30 contested licensing matter shall occur where resolution substantially deviates from the original
31 application unless all interested parties shall be notified of said proposed resolution and provided
32 with opportunity to comment upon said resolution pursuant to applicable law and any rules and
33 regulations
established by the
director.
34 (20) To enter, examine or survey at any reasonable time such
places as the director deems
1 necessary to carry out his or her responsibilities under any provision of law subject to the
2 following provisions:
3 (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a
4 search warrant from an official of a court authorized to issue warrants, unless a search without a
5 warrant is otherwise
allowed
or provided by law;
6 (ii) All
administrative inspections shall be conducted
pursuant to
administrative
7 guidelines promulgated by the department in accordance with
chapter 35 of title 42.
8 (B) A warrant shall not be required for administrative inspections if conducted under the
9 following circumstances, in accordance with the applicable constitutional standards:
10 (I) For closely regulated
industries;
11 (II) In situations involving open fields or conditions that are in plain
view;
12 (III) In
emergency situations;
13 (IV) In situations presenting an imminent threat to the environment or public health,
14 safety or welfare;
15 (V) If the owner, operator, or agent in charge of the facility, property, site or location
16 consents; or
17 (VI) In
other situations in which a warrant is not constitutionally required.
18 (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the
19 director in his or her discretion deems it advisable, an administrative search warrant, or its
20 functional equivalent, may be obtained by the director from a neutral magistrate for the purpose
21 of conducting an administrative inspection. The warrant shall be issued in accordance with the
22 applicable
constitutional
standards
for the
issuance of administrative search
warrants.
The
23 administrative standard of probable cause, not the criminal standard of probable cause, shall
24 apply to applications for administrative search
warrants.
25 (I) The need for, or reliance upon, an administrative warrant shall not be construed as
26 requiring the department to forfeit the
element of surprise in its
inspection efforts.
27 (II) An administrative warrant issued pursuant to this subsection must be executed and
28 returned within ten (10) days of its issuance date unless, upon a showing of need for additional
29 time,
the
court orders otherwise.
30 (III) An administrative warrant may authorize the review and copying of documents that
31 are relevant to the purpose of the inspection. If documents must be seized for the purpose of
32 copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare
33 an inventory of the documents taken. The time, place and manner regarding the making of the
34 inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of
1 the inventory shall be delivered to the person from whose possession or facility the documents
2 were taken. The seized documents shall be copied as soon as feasible under circumstances
3 preserving their authenticity, then returned to the person from whose possession or facility the
4 documents
were taken.
5 (IV) An administrative warrant may authorize the taking of samples of air, water or soil
6 or of materials generated, stored or treated at the facility, property, site or location. Upon request,
7 the department shall make split samples available to the person whose facility, property, site or
8 location
is being inspected.
9 (V) Service of an administrative warrant may be required only to the extent provided for
10 in the terms
of the
warrant itself, by the
issuing court.
11 (D) Penalties. Any willful and unjustified refusal of right of entry and inspection to
12 department personnel pursuant to an administrative warrant shall constitute a contempt of court
13 and shall subject the refusing party to sanctions, which
in the court's
discretion may result in up to
14 six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per
15 refusal.
16 (21) To give notice of an alleged violation of law to the person responsible therefor
17 whenever the director determines that there are reasonable grounds to believe that there is a
18 violation of any provision
of
law within his
or her jurisdiction
or
of any rule or regulation adopted
19 pursuant
to authority granted
to him
or
her,
unless other notice
and hearing procedure is
20 specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney
21 general to
prosecute offenders
as required by law.
22 (i) The notice shall provide
for a time
within which the
alleged violation shall be
23 remedied, and shall inform the person to whom it is directed that a written request for a hearing
24 on the alleged violation may be filed with the director within ten (10) days after service of the
25 notice. The notice will be deemed properly served upon a person if a copy thereof is served him
26 or her personally, or sent by registered or certified mail to his or her last known address, or if he
27 or she is served with notice by any other method of service now or hereafter authorized in a civil
28 action under the laws of this state. If no written request for a hearing is made to the director
29 within ten (10) days of the service of notice, the notice shall automatically become a compliance
30 order.
31 (ii) Whenever the director determines that there exists a violation of any law, rule, or
32 regulation within his or
her
jurisdiction which
requires
immediate
action
to protect
the
33 environment, he or she may, without prior notice of violation or hearing, issue an immediate
34 compliance order stating the existence of the violation and the action he or she deems necessary.
1 The compliance order shall become effective immediately upon service or within such time as is
2 specified by the director in such order. No request for a hearing on an immediate compliance
3 order may be made.
4 (B) Any immediate compliance order issued under this section without notice and prior
5 hearing shall be effective for no longer than forty-five (45) days; provided, however, that for
6 good cause shown the order may be extended one additional period not exceeding forty-five (45)
7 days.
8 (iii) The director may, at his or her discretion and for the purposes of timely
and effective
9 resolution
and return to compliance, cite a person
for alleged noncompliance through the issuance
10 of an expedited citation in
accordance with
subsection 42-17.6-3(c).
11 (iv) If a person upon whom a notice of violation has been served under the provisions of
12 this section or if a person aggrieved by any such notice of violation requests a hearing before the
13 director within ten (10) days of the service of notice of violation, the director shall set a time and
14 place for the hearing, and shall give the person requesting that hearing at least five (5) days
15 written notice thereof. After the hearing, the director may make findings of fact and shall sustain,
16 modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that
17 decision shall be deemed a compliance order and shall be served upon the person responsible in
18 any manner provided for the service of the notice
in
this section.
19 (v) The compliance order shall state a time within which the violation shall be remedied,
20 and the original time specified in the notice of violation shall be extended to the time set in the
21 order.
22 (vi) Whenever a compliance order has become effective, whether automatically where no
23 hearing has been requested, where an immediate compliance order has been issued, or upon
24 decision following a hearing, the director may institute injunction proceedings in the superior
25 court of the state for enforcement of the compliance order and for appropriate temporary relief,
26 and in that proceeding the correctness of a compliance order shall be presumed and the person
27 attacking the order shall bear the burden of proving error in the compliance order, except that the
28 director shall bear the burden of proving in the proceeding the correctness of an immediate
29 compliance order. The remedy provided for in this section shall be cumulative and not exclusive
30 and shall be in addition to remedies relating to the removal or abatement of nuisances or any
31 other remedies provided by law.
32 (vii) Any party aggrieved
by a final judgment of the superior court may, within
thirty (30)
33 days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to
34 review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the
1 petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of
2 certiorari;
3 (22) To impose administrative penalties in accordance with
the provisions of chapter 17.6
4 of this title and to direct that such penalties be paid into the account established by subdivision
5 (26); and
6 (23) The following definitions shall apply in the interpretation of the provisions of this
7 chapter:
8 (i) Director: The term "director" shall mean the
director of environmental management of
9 the state of Rhode Island or
his or her duly authorized agent.
10 (ii) Person: The term "person" shall include any individual, group of individuals, firm,
11 corporation, association, partnership or private or public entity, including a district, county, city,
12 town, or other governmental unit or agent thereof, and in the case of a corporation, any
individual
13 having active and general supervision of the
properties of such corporation.
14 (iii) Service: (A) Service upon
a corporation under
this section
shall be deemed
to include
15 service upon both the corporation and upon the person having active and general supervision of
16 the properties
of such corporation.
17 (B) For purposes of calculating the time within which a claim for a hearing is made
18 pursuant to subdivision (21)(i) of this section heretofore, service shall be deemed to be the
date of
19 receipt of such notice or three (3) days from the date of mailing of said notice, whichever shall
20 first occur.
21 (24) To conduct surveys of the present private and public camping and other recreational
22 areas available and to determine the need for and location of such other camping and recreational
23 areas as may be deemed necessary and in the public interest of the state of Rhode Island and to
24 report back its findings on an annual basis to the general assembly on or before March 1 of every
25 year;
26 (ii) Additionally, the director of the department of environmental management shall take
27 such additional steps, including but not limited to, matters related to funding as may be necessary
28 to establish
such other additional recreational facilities and
areas
as are deemed
to
be in the public
29 interest.
30 (25) To apply for and accept grants and bequests of funds with the approval of the
31 director of administration from other states, interstate agencies and independent authorities, and
32 private firms, individuals and foundations, for the purpose of carrying out his or her lawful
33 responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt
34 account created in the Natural Resources Program for funds made available for that program's
1 purposes or in a restricted receipt account created in the Environmental Protection Program for
2 funds made available for that program's purposes. All expenditures from the accounts shall be
3 subject to appropriation by the general assembly, and shall be expended in accordance with the
4 provisions of the grant or bequest. In the event that a donation or bequest is unspecified or in the
5 event that the trust account balance shows a surplus after the project as provided for in the grant
6 or bequest
has been
completed,
the
director
may utilize said appropriated
unspecified or
7 appropriated surplus funds for enhanced management of the department's forest and outdoor
8 public
recreation areas,
or
other projects or programs
that
promote the accessibility of recreational
9 opportunities for Rhode Island residents
and
visitors.
10 (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by
11 October 1 of each year, a detailed report on the amount of funds received and the uses made of
12 such funds.
13 (26) To establish fee schedules by regulation with the approval of the governor for the
14 processing
of
applications and the
performing
of
related
activities
in connection
with
the
15 department's responsibilities pursuant to subdivision (12) of this section, chapter 19.1 of title 23
16 as it relates to inspections performed by the department to determine compliance with chapter
17 19.1 and rules and regulations promulgated in accordance therewith, chapter 18.9 of title 23 as it
18 relates to inspections performed by the department to determine compliance with chapter 18.9
19 and the rules and regulations promulgated in accordance therewith, chapters 19.5 and 23 of title
20 23; chapter 12 of title 46 insofar as it relates to water quality certifications and related reviews
21 performed
pursuant
to provisions of the federal Clean Water Act, the
regulation and
22 administration of underground storage tanks and all other programs administered under chapter
23 12 of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46 insofar
24 as they relate
to any reviews
and
related
activities
performed
under
the provisions of
the
25 Groundwater Protection Act, chapter 23-24.9 as it relates to the regulation and administration of
26 mercury-added products, and chapter 17.7 of this title insofar as it relates to administrative
27 appeals of all enforcement, permitting and licensing matters to the administrative adjudication
28 division for environmental matters. Two (2)
fee
ranges
shall
be
required:
for "Appeal
of
29 enforcement actions",
a range of fifty dollars ($50) to one hundred dollars ($100), and for
30 "Appeal of application decisions", a range of five hundred dollars ($500) to ten thousand dollars
31 ($10,000). The monies from the administrative adjudication fees will be deposited as general
32 revenues and the amounts appropriated shall be used for the costs associated with operating the
33 administrative
adjudication division.
34 There is hereby established an account within the general fund to be called the water and
1 air protection program. The account shall consist of sums appropriated for water and air pollution
2 control and waste monitoring programs and the state controller is hereby authorized and directed
3 to draw
his
or her orders
upon the general treasurer for the payment of such
sums
or
such portions
4 thereof as may be required from time to
time upon receipt by
him
or her of properly
authenticated
5 vouchers. All amounts collected under the authority of this subdivision for the sewage disposal
6 system program and fresh waters wetlands program will be deposited as general revenues and the
7 amounts appropriated shall be used for the purposes of administering
and operating
the
programs.
8 The director shall submit to the house
fiscal advisor and
the senate
fiscal advisor by January 15
of
9 each year a
detailed report on the amount of funds obtained from fines and fees and the uses made
10 of such
funds.
11 (27) To establish and maintain a list or inventory of areas within the state worthy of
12 special designation as "scenic" to include, but not be limited to, certain state roads or highways,
13 scenic vistas and
scenic areas, and to make the list available
to the public.
14 (28) To establish and maintain an inventory of all interests in land held by public and
15 private land trust and to exercise all powers vested herein to insure the preservation of all
16 identified
lands.
17 (i) The director may promulgate and enforce rules and regulations to provide for the
18 orderly and consistent
protection, management,
continuity
of
ownership
and purpose, and
19 centralized records-keeping
for
lands, water, and open
spaces owned in
fee or controlled in
full or
20 in part through other interests, rights, or devices such as conservation easements or restrictions,
21 by private and public land trusts in Rhode Island. The director may charge a reasonable fee for
22 filing of each document submitted
by a land trust.
23 (ii) The term "public land trust" means any public instrumentality created by a Rhode
24 Island
municipality for
the
purposes
stated
herein
and
financed by means
of
public
funds
25 collected and appropriated by the municipality. The term "private land trust" means any group of
26 five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode
27 Island as a nonbusiness corporation for the purposes stated herein, or a national organization such
28 as the nature conservancy. The main purpose of either a public or a private land trust shall be the
29 protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other
30 natural features, areas, or open space for the purpose of managing or maintaining, or causing to
31 be managed
or
maintained by others,
the land, water, and
other natural
amenities in
any
32 undeveloped and relatively natural state in perpetuity. A private land trust must be granted
33 exemption from federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. § 501(c)(3)]
34 within two (2) years of its incorporation in Rhode Island or it may not continue to function as a
1 land trust in Rhode Island. A private land trust may not be incorporated for the exclusive purpose
2 of acquiring
or
accepting property
or
rights
in property
from a single
individual,
family,
3 corporation, business, partnership, or other entity. Membership in any private land trust must be
4 open to any individual subscribing to the purposes of the land trust and agreeing to abide by its
5 rules and regulations including payment of reasonable dues.
6 (iii) Private land trusts will, in their articles of association or their bylaws, as appropriate,
7 provide for the transfer to an organization created for the same or similar purposes the assets,
8 lands and land rights and interests held by the land trust in the event of termination or dissolution
9 of the
land trust.
10 (B) All land trusts, public and private, will record in the public records of the appropriate
11 towns
and
cities
in Rhode Island all
deeds, conservation easements
or
restrictions
or
other
12 interests and rights acquired in land and will also file copies of all such documents and current
13 copies of their articles of association, their bylaws, and annual reports with the secretary of state,
14 and with the director of the Rhode Island department of environmental management. The director
15 is hereby directed to establish and maintain permanently a system for keeping records of all
16 private and
public land trust land holdings in
Rhode
Island.
17 (29) The director will contact in writing, not less often than once every two (2) years,
18 each public or private land trust to ascertain: that all lands held by the land trust are recorded
with
19 the director; the current status and condition of each land holding; that any funds or other assets
20 of the land trust held as endowment for specific lands have been properly audited at least once
21 within the two (2) year period; the name of the successor organization named in the public or
22 private land trust's bylaws or articles of association; and any other information the director deems
23 essential to the proper and continuous protection and management of land and interests or rights
24 in land
held
by the
land trust.
In the
event that the director determines that a
public or private
land
25 trust holding land or interest in land appears to have become inactive, he or she shall initiate
26 proceedings to effect the termination of the land trust and the transfer of its lands, assets, land
27 rights, and land interests to the successor organization named in the defaulting trust's bylaws or
28 articles of association or to another organization created for the same or similar purposes. Should
29 such a transfer not be possible, then the land trust, assets, and interest and rights in land will be
30 held in trust by the state of Rhode Island and managed by the director for the purposes stated at
31 the time of original acquisition by the trust. Any trust assets or interests other than land or rights
32 in land accruing to the state under such circumstances will be held and managed as a separate
33 fund for the benefit of the designated trust lands.
34 (30) Consistent with federal standards, issue and enforce such rules, regulations and
1 orders as may be necessary to establish requirements
for maintaining evidence of financial
2 responsibility for taking corrective action and compensating third parties for bodily injury and
3 property damage caused by sudden and non-sudden accidental releases arising from operating
4 underground
storage tanks.
5 (31) To enforce, by such means as provided by law, the standards for the quality of air,
6 and water,
and
the location,
design, construction and
operation
of
all
underground
storage
7 facilities used for storing petroleum products or hazardous materials; any order or notice issued
8 by the director relating to the location, design construction, operation or maintenance of an
9 underground storage facility used for storing petroleum products or hazardous materials shall be
10 eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice
11 to the
city
or town wherein the
subject facility
is
located, and
the order or notice shall be
recorded
12 in the general index by the appropriate municipal officer in the land evidence records in the city
13 or town wherein the subject facility is located. Any subsequent transferee of that facility shall be
14 responsible for complying with the
requirements
of the order or notice.
Upon
satisfactory
15 completion of the requirements of the order or notice, the director shall provide written notice of
16 the same, which notice shall be eligible for recordation. The original written notice shall be
17 forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory
18 completion shall be
recorded in
the
general index by the appropriate municipal official in the
land
19 evidence records in the city or town wherein the subject facility is located. A copy of the written
20 notice shall be forwarded to the owner of the subject facility within five (5) days of a request for
21 it, and, in any
event, shall be forwarded
to the owner of the subject facility within thirty
(30)
days
22 after correction.
23 (32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in
24 accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage
25 Tank Financial Responsibility Act,
as amended.
26 (33) To
support, facilitate and assist
the Rhode Island Natural
History Survey, as
27 appropriate and/or as necessary, in order to accomplish the important public purposes of the
28 survey
in gathering and maintaining data
on
Rhode
Island
natural history,
making
public
29 presentations and reports on natural history topics, ranking species and natural communities,
30 monitoring rare
species and communities, consulting
on open space acquisitions and management
31 plans, reviewing proposed federal and state actions and regulations with regard to their potential
32 impact
on natural
communities, and seeking outside
funding for wildlife management, land
33 management and research.
34 (34) To promote the effective stewardship of lakes and ponds including collaboration
1 with associations of lakefront property owners on planning and management actions that will
2 prevent and mitigate water quality degradation, the loss of native habitat due to infestation of
3 non-native species and nuisance conditions that result from excessive growth of algal or non-
4 native plant species. By January 31, 2012, the director shall prepare and submit a report to the
5 governor and general assembly that based upon available information provides: (a) an assessment
6 of lake
conditions
including a description of the presence and extent of aquatic
invasive
species in
7 lakes and ponds; (b) recommendations for improving the control and management of aquatic
8 invasives species in lakes and ponds; and (c) an assessment of the feasibility of instituting a boat
9 sticker program for the purpose of generating funds to support implementation actions to control
10 aquatic invasive species in the freshwaters of the
state.
11 (35) In
implementing the
programs
established pursuant to
this
chapter, to
identify
12 critical areas for improving service to customers doing business with the department, and to
13 develop and implement strategies to improve performance and effectiveness in those areas. Key
14 aspects
of a
customer service
program shall include, but
not necessarily be limited to, the
15 following components:
16 (a) Maintenance of an organizational unit within the department with the express purpose
17 of providing technical assistance to customers and helping customers comply with environmental
18 regulations
and
requirements;
19 (b) Maintenance of an employee training
program to promote customer service across the
20 department;
21 (c) Implementation of a continuous business process evaluation and improvement effort,
22 including process reviews to encourage development of quality proposals, ensure timely and
23 predictable reviews, and
result in effective decisions
and consistent follow up
and
implementation
24 throughout the
department, and
publish an annual report on
such efforts;
25 (d) Creation of a centralized location for the acceptance of permit applications and other
26 submissions
to
the department;
27 (e) Maintenance of a process to promote, organize, and facilitate meetings prior to the
28 submission of applications or other proposals in order to inform the applicant on options and
29 opportunities to minimize environmental impact, improve the potential for sustainable
30 environmental compliance, and support an effective and efficient review and decision-making
31 process on permit applications related to the proposed project;
32 (f) Development of single permits under multiple authorities otherwise provided in state
33 law to support comprehensive and coordinated reviews of proposed projects. The director may
34 address and resolve conflicting or
redundant process requirements in order to achieve an effective
1 and efficient review process that meets environmental objectives; and
2 (g) Exploration
of
the use
of
performance-based regulations
coupled
with
adequate
3 inspection and oversight, as an alternative to requiring applications or submissions for approval
4 prior to initiation of projects. The department shall work with the office of regulatory reform to
5 evaluate the potential for adopting alternative compliance approaches and provide a report to the
6 governor and the
general assembly by May 1, 2015.
7 SECTION 4. Section 16-57-10 of the General Laws in Chapter 16-57 entitled "Higher
8 Education Assistance Authority [See Title 16 Chapter 97 - The Rhode Island Board of Education
9 Act]" is hereby amended to read as follows:
10 16-57-10. Reserve funds. -- (a) To assure the continued operation and solvency of the
11 authority for the carrying
out of its corporate purposes, the authority may create and establish any
12 reserve funds as may be necessary or desirable for its corporate purposes, and may pay into the
13 funds any money appropriated and made available by the state, the commissioner, or any other
14 source for the purpose of the funds, and any money collected by the authority as fees for the
15 guaranty of eligible loans.
16 (b) To assure continued solvency of the authority, the authority's operating fund shall be
17 used solely for the ordinary operating expenses of the authority. Furthermore, it is the intent of
18 the general assembly
that
these funds eventually
be used to increase financial assistance to Rhode
19 Island students
in
the form
of scholarships and grants.
20 (c) Given the decline of available sources to support the agency, the Governor's FY 2016
21 budget recommendations shall include a proposal for the transfer of higher education assistance
22 authority's programs to
appropriate
agencies
within
state
government. All departments and
23 agencies of the state shall furnish such advice and information, documentary or otherwise to the
24 director of the department of administration and its agents as is deemed necessary or desirable to
25 facilitate the recommendation.
26 SECTION
5. This article shall take effect as of July 1,
2014.
27
1 ARTICLE 15
=======
art.015/3/015/2/022/2/022/1
=======
2 RELATING TO HEALTH AND
HUMAN SERVICES
3 SECTION 1. Section 40-6-27 of the General Laws in Chapter 40-6 entitled "Public
4 Assistance Act"
is hereby amended to
read
as follows:
5 40-6-27. Supplemental security income. --
(a) (1) The director of the department is
6 hereby authorized to enter into agreements on behalf of the state with the secretary of the
7 Department
of
Health and Human
Services or other
appropriate federal officials, under the
8 supplementary and security income (SSI) program established by title XVI of the Social Security
9 Act, 42 U.S.C. section 1381 et seq., concerning the administration
and determination of eligibility
10 for SSI benefits for residents of this state, except as otherwise provided in this section. The state's
11 monthly share of supplementary assistance to the supplementary security income program shall
12 be as follows:
13 (i) Individual living alone: $39.92
14 (ii) Individual living with
others: $51.92
15 (iii) Couple living alone: $79.38
16 (iv) Couple living with others: $97.30
17 (v) Individual living in
state
licensed
assisted living residence: $332.00 $80.00
18 (vi) Individual living in state licensed supportive residential care settings that, depending
19 on the
population served,
meet the
standards set
by
the department of
human
services in
20 conjunction with
the department(s) of children, youth and families,
elderly
affairs and/or
21 behavioral healthcare, developmental disabilities and hospitals: $300.00.
22 Provided, however, that the department of human services shall by regulation reduce,
23 effective January
1,
2009,
the state's
monthly share
of supplementary assistance
to the
24 supplementary security income program for each of the above listed payment levels, by the same
25 value as the annual federal cost of living adjustment to be published by the federal social security
26 administration in October 2008 and becoming effective on January 1, 2009, as determined under
27 the provisions of title XVI of the federal social security act [42 U.S.C. section 1381 et seq.] and
28 provided further, that it is the intent of the general assembly that the January 1, 2009 reduction in
29 the state's monthly share shall not cause a reduction in the combined federal and state payment
30 level for each category of recipients in effect in the month of December 2008; provided further,
1 that the department of human services is authorized and directed to provide for payments to
2 recipients in accordance
with the above
directives.
3 (2) As of July 1, 2010, state supplement payments shall not be federally
administered
and
4 shall be paid directly by the department of human services to the recipient.
5 (3) Individuals living in institutions shall receive a twenty dollar ($20.00) per month
6 personal
needs allowance from the
state which shall be in
addition
to the
personal
needs
7 allowance allowed by the
Social Security Act,
42 U.S.C.
section 301
et
seq.
8 (4) Individuals living in state licensed supportive residential care settings and assisted
9 living residences who are receiving SSI shall be allowed to retain a minimum personal needs
10 allowance of fifty-five
dollars
($55.00)
per month from
their
SSI monthly
benefit
prior
to
11 payment of any monthly fees.
12 (5) To ensure that supportive residential care or an assisted living residence is a safe and
13 appropriate service setting, the department is authorized and directed to make a determination of
14 the medical need
and whether a setting provides the appropriate services for those persons who:
15 (i) Have applied for or are receiving SSI, and who apply for admission to supportive
16 residential care
setting and assisted
living residences on
or after October 1,
1998; or
17 (ii) Who are residing
in supportive residential care settings and assisted living
residences,
18 and who apply for or begin to receive SSI on
or after October 1, 1998.
19 (6) The process for determining medical need required by subsection (4) of this section
20 shall
be developed
by
the
office of
health and
human
services in
collaboration
with
the
21 departments of that office and shall be implemented in a manner that furthers the goals of
22 establishing a statewide coordinated long-term care entry system as required pursuant to the
23 Global Consumer Choice Compact Waiver.
24 (7) To assure
access
to high quality coordinated
services, the
department
is further
25 authorized and directed to establish rules specifying the payment certification standards that must
26 be met by those state licensed supportive residential care settings and assisted living residences
27 admitting or serving any persons eligible for state-funded supplementary assistance under this
28 section. Such
payment certification
standards
shall define:
29 (i) The scope and frequency of resident assessments, the development
and
30 implementation of
individualized service plans, staffing levels
and qualifications, resident
31 monitoring, service coordination, safety risk management and disclosure, and any other related
32 areas;
33 (ii) The procedures for determining whether the payment certifications standards have
34 been met; and
1 (iii) The criteria and process for granting a one time, short-term good cause exemption
2 from the payment certification standards
to a licensed supportive residential care setting or
3 assisted living residence that provides documented evidence indicating that meeting or failing to
4 meet said standards poses an undue hardship on any person eligible under this section who is a
5 prospective or current resident.
6 (8) The payment certification standards required by this section shall be developed in
7 collaboration by the departments, under the direction of the executive office of health and human
8 services, so as to ensure that they comply with applicable licensure regulations either in effect or
9 in development.
10 (b) The
department
is authorized
and
directed
to provide
additional assistance
to
11 individuals
eligible
for SSI benefits
for:
12 (1) Moving costs or other expenses as a result of an emergency of a catastrophic nature
13 which is defined
as a
fire or natural disaster; and
14 (2) Lost or stolen
SSI benefit checks or proceeds of them; and
15 (3) Assistance payments to SSI eligible individuals in need because of the application of
16 federal
SSI regulations regarding estranged spouses;
and the
department
shall
provide such
17 assistance in a
form and
amount, which the
department shall by regulation determine.
18 SECTION 2. Section 40-6-27.2 of the General Laws in Chapter 40-6 entitled "Public
19 Assistance Act"
is hereby amended to
read
as follows:
20 40-6-27.2. Supplementary
cash
assistance payment for certain supplemental security
21 income recipients. -- There is hereby established a $206 $458
monthly payment for disabled and
22 elderly individuals who, on or after July 1, 2012, receive the state supplementary assistance
23 payment for an individual in state licensed assisted living residence under section 40-6-27 and
24 further reside in an assisted living facility that is not eligible to receive funding under Title XIX
25 of the Social Security Act, 42 U.S.C. section 1381 et seq.
or reside in any assisted living facility
26 financed by the Rhode Island housing and mortgage finance corporation prior to January 1, 2006,
27 and receive
a payment under §
40-6-27.
28 SECTION 3. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The
29 Rhode Island Works
Program"
is hereby amended to
read as follows:
30 40-5.2-20. Child care assistance. -- Families or assistance units eligible for childcare
31 assistance.
32 (a) The department shall provide appropriate child care to every participant who is
33 eligible for cash assistance and who requires child care in order to meet the work requirements in
34 accordance with this
chapter.
1 (b) Low-Income
child care. - The department shall provide
child
care
to
all
other
2 working families with incomes at or below one hundred eighty percent (180%) of the federal
3 poverty level, if and to the extent such other families require child care in order to work at paid
4 employment as defined in the department's rules and regulations. Beginning October 1, 2013, and
5 until January 1, 2015, the department shall also provide child care to families with income below
6 one hundred eighty percent (180%) of the federal poverty level if and to the extent such families
7 require child care to participate on a short term basis, as defined in the department's rules and
8 regulations, in training, apprenticeship, internship, on-the-job training, work experience, work
9 immersion, or other job readiness/job attachment program sponsored or funded by the human
10 resource investment council (governor's workforce board) or state agencies that are part of the
11 coordinated program system pursuant to
sections
42-102-9 and 42-102-11.
12 (c) No family/assistance unit shall be eligible for child care assistance under this chapter
13 if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid
14 resources are
defined as any interest(s) in
property in
the form of cash or other
financial
15 instruments or accounts which are readily convertible to cash or cash equivalents. These include,
16 but are
not
limited to,
cash, bank, credit union, or other financial institution savings, checking
and
17 money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual
18 funds, and other similar financial instruments or accounts. These do not include educational
19 savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held
20 jointly with another adult, not including a spouse. The department is authorized to promulgate
21 rules and regulations to
determine the ownership and source of the funds in the joint account.
22 (d) As a condition of eligibility for child care assistance under this chapter, the parent or
23 caretaker relative of the family must consent to and must cooperate with the department in
24 establishing paternity, and in establishing and/or enforcing child support and medical support
25 orders for all children in the family in accordance with title 15 of the general laws, as amended,
26 unless the parent or caretaker relative is found to have good cause for refusing
to comply
with the
27 requirements of this subsection.
28 (e) For purposes of this section "appropriate child care" means child care, including
29 infant,
toddler,
pre-school, nursery
school, school-age,
which
is provided by a person
or
30 organization qualified, approved, and authorized to provide such care by the department of
31 children, youth, and families, or by the department of elementary and secondary education, or
32 such other lawful providers as determined by the department of human services, in cooperation
33 with the department
of
children,
youth and families and the department
of elementary and
34 secondary education.
1 (f) (1) Families with incomes below one hundred percent (100%) of the applicable
2 federal poverty level guidelines shall be provided with free childcare. Families with incomes
3 greater
than
one
hundred
percent
(100%)
and
less than one
hundred
eighty (180%) of
the
4 applicable federal poverty guideline shall be required to pay for some portion of the childcare
5 they receive,
according to a sliding fee scale
adopted by the department in
the department's rules.
6 (2) For a
twelve (12) thirty-six (36) month period beginning October 1, 2013, the Child
7 Care Subsidy Transition Program shall function within the department of human services. Under
8 this program, families who are already receiving childcare assistance and who become ineligible
9 for childcare assistance as a result of their incomes exceeding one hundred eighty
percent (180%)
10 of the applicable federal poverty guidelines shall continue to be eligible for childcare assistance
11 from October 1, 2013 to September 30, 2014 2016 or until their incomes exceed two hundred
12 twenty-five percent (225%) of the applicable federal poverty guidelines, whichever occurs first.
13 To be eligible, such families must continue to pay for some portion of the childcare they receive,
14 as indicated in a sliding fee scale adopted in the department's rules and in accordance with all
15 other eligibility standards.
16 (g) In determining the type of childcare to be provided to a family, the department shall
17 take into account the cost of available childcare options, the suitability of the type of care
18 available for the child, and the
parent's preference as to the type
of child
care.
19 (h) For purposes of this section "income" for families receiving cash assistance under
20 section 40-5.2-11
means gross earned
income
and
unearned
income, subject
to the
income
21 exclusions in subdivisions 40-5.2-10(g)(2) and 40-5.2-10(g)(3) and income for other families
22 shall mean
gross earned
and unearned income
as determined
by departmental regulations.
23 (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast
24 the expenditures for childcare in
accordance with the provisions of section 35-17-1.
25 (j) In determining eligibility for child care assistance for children of members of reserve
26 components called to active duty during a time of conflict, the department shall freeze the family
27 composition and
the family income of the reserve
component member as it was in the month prior
28 to the month of leaving for active duty. This shall continue until the individual is officially
29 discharged from active duty.
30 SECTION 4. Section 21-28.6-12 of the General Laws in Chapter 21-28.6 entitled "The
31 Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as
32 follows:
33 21-28.6-12.
Compassion centers. --
(a)
A
compassion center registered under
this
34 section
may acquire, possess,
cultivate,
manufacture, deliver, transfer, transport, supply,
or
1 dispense marijuana,
or related supplies and
educational materials, to
registered
qualifying
patients
2 and their registered primary caregivers who have designated it as one of their primary caregivers.
3 A compassion center is a primary caregiver. Except as specifically provided to the contrary, all
4 provisions of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, sections 21-
5 28.6-1 -- 21-28.6-11,
apply to a compassion
center unless they conflict with a provision contained
6 in section
21-28.6-12.
7 (b) Registration
of
compassion centers--department authority:
8 (1) Not later than ninety (90) days after the effective date of this chapter, the department
9 shall promulgate regulations governing the manner in which it shall consider applications for
10 registration certificates for compassion centers, including regulations
governing:
11 (i) The form and
content of registration
and renewal applications;
12 (ii) Minimum oversight requirements
for compassion centers;
13 (iii) Minimum record-keeping requirements for compassion centers;
14 (iv) Minimum security requirements for compassion
centers; and
15 (v) Procedures for suspending, revoking or terminating the registration of compassion
16 centers that violate the provisions of this section or the regulations promulgated pursuant to this
17 subsection.
18 (2) Within ninety (90) days of the effective date of this chapter, the department shall
19 begin
accepting applications for the operation of a single compassion center.
20 (3) Within one
hundred
fifty (150) days
of the
effective
date of this
chapter, the
21 department shall provide for at least one public hearing on the granting of an application to a
22 single compassion center.
23 (4) Within one hundred ninety (190) days of the effective date of this chapter, the
24 department shall grant a single registration certificate to a single compassion center, providing at
25 least one
applicant has
applied
who meets the
requirements of this
chapter.
26 (5) If at any time after fifteen (15) months after the effective date of this chapter, there is
27 no operational compassion center in Rhode Island, the department shall accept applications,
28 provide for input from the public, and issue a registration certificate for a compassion center if a
29 qualified applicant exists.
30 (6) Within two (2) years of the effective date of this chapter, the department shall begin
31 accepting applications to
provide registration certificates for
two
(2) additional
compassion
32 centers. The department shall solicit input from the public, and issue registration certificates if
33 qualified applicants exist.
34 (7) Any time a compassion center registration certificate is revoked, is relinquished, or
1 expires, the department shall accept applications for a new
compassion center.
2 (8) If at any time after three (3) years after the effective date of this chapter, fewer than
3 three (3)
compassion centers
are
holding valid registration certificates in
Rhode Island, the
4 department shall accept applications for a new compassion center. No
more
than
three
(3)
5 compassion centers may hold valid registration
certificates at one time.
6 (9) Any compassion center application selected for approval by the department prior to
7 January 1, 2012, shall remain in full force and effect, notwithstanding any provisions of this
8 chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations
9 adopted by the department subsequent to passage
of this
legislation.
10 (c) Compassion center and agent applications
and
registration:
11 (1) Each application for a compassion center shall include:
12 (i)
A
non-refundable application
fee
paid
to the
department
in the
amount of two
13 hundred
fifty dollars ($250);
14 (ii) The proposed legal name and proposed articles of incorporation of the compassion
15 center;
16 (iii) The proposed physical address of the compassion center, if a precise address has
17 been determined, or, if not, the general location where it would be located. This may include a
18 second location for the cultivation
of
medical marijuana;
19 (iv) A description of the enclosed, locked facility
that
would be used in
the
cultivation of
20 marijuana;
21 (v) The name, address, and date of birth of each principal officer and board member of
22 the compassion center;
23 (vi) Proposed security and safety measures which shall include at least one security
24 alarm system for each location, planned measures to deter and prevent the unauthorized entrance
25 into areas containing marijuana and the theft of marijuana, as well as a draft employee instruction
26 manual including security policies, safety and security procedures, personal safety and crime
27 prevention techniques; and
28 (vii) Proposed
procedures to
ensure accurate record
keeping;
29 (2) Any
time
one
or
more
compassion center
registration applications
are
being
30 considered, the
department shall also allow for comment by
the public
and shall solicit input from
31 registered qualifying patients, registered primary caregivers; and the towns or cities where the
32 applicants
would
be located;
33 (3) Each time a compassion center certificate is granted, the decision shall be
based upon
34 the overall health needs of qualified patients and the safety of the public, including, but not
1 limited to, the following factors:
2 (i) Convenience to patients from throughout the state of Rhode Island to the compassion
3 centers if the
applicant were approved;
4 (ii) The applicants' ability
to
provide a steady supply to the registered qualifying
patients
5 in the state;
6 (iii) The applicants' experience running a non-profit or business;
7 (iv)
The
interests
of
qualifying
patients
regarding
which
applicant
be granted a
8 registration certificate;
9 (v) The interests of the city or town where the dispensary would
be located;
10 (vi) The sufficiency of the applicant's plans for record keeping and security, which
11 records shall be considered confidential health care information under Rhode Island law and are
12 intended to be deemed protected health care information for purposes of the Federal Health
13 Insurance
Portability and Accountability Act of 1996, as amended; and
14 (vii) The sufficiency of the applicant's plans for safety and security, including proposed
15 location,
security devices
employed,
and staffing;
16 (4) After a
compassion center is approved, but before it begins operations, it shall submit
17 the following to the department:
18 (i) A fee
paid
to the department in the amount of five thousand dollars ($5,000);
19 (ii) The
legal name
and articles of incorporation of the compassion center;
20 (iii) The physical address of the compassion center; this may include a second address
21 for the secure cultivation of marijuana;
22 (iv) The name, address, and date of birth of each principal officer and board member of
23 the compassion center;
24 (v) The name,
address, and date of birth of any person who will be an agent of,
employee
25 or volunteer of the compassion center at its inception;
26 (5) The
department
shall
track
the number
of
registered
qualifying
patients who
27 designate each compassion center as a primary caregiver, and issue a written statement to the
28 compassion center of the number of qualifying patients who have designated the compassion
29 center to serve as a primary caregiver for them. This statement shall be updated each time a new
30 registered
qualifying patient
designates the
compassion
center
or
ceases
to designate the
31 compassion center
and may
be
transmitted electronically if
the department's regulations
so
32 provide. The department may provide by regulation that the updated written statements will not
33 be issued
more frequently than twice each week;
1 officer, board member, agent, volunteer and employee
of
a
compassion center a registry
2 identification card or renewal card within ten (10) days of receipt of the person's name, address,
3 date of birth; a fee in an
amount established by
the
department; and notification to the department
4 by the
state
police that the registry identification card applicant has not been convicted of a felony
5 drug offense or has not entered a plea of nolo contendere for a felony
drug offense and received
a
6 sentence of probation. Each card shall specify that the cardholder is a principal officer, board
7 member,
agent,
volunteer, or employee of a compassion
center and shall contain the following:
8 (i) The name, address, and date of birth of the principal officer, board member, agent,
9 volunteer or employee;
10 (ii) The legal name
of the
compassion center to which the principal officer, board
11 member,
agent,
volunteer or employee is affiliated;
12 (iii) A random identification
number that is
unique to the
cardholder;
13 (iv) The date
of issuance and expiration
date
of
the registry identification
card; and
14 (v) A photograph,
if
the department decides to require one;
15 (7) Except as provided in this subsection, the department shall not issue a registry
16 identification card to any principal officer, board member, agent, volunteer, or employee of a
17 compassion center who has been convicted of a felony drug offense or has entered a plea of nolo
18 contendere for a felony drug offense and received a sentence of probation. The department shall
19 notify the
compassion center in writing
of the purpose
for
denying the registry identification card.
20 The department may grant such person a registry identification card if the department determines
21 that the offense was for conduct that occurred prior to the enactment of the Edward O. Hawkins
22 and Thomas C. Slater Medical Marijuana Act or that was prosecuted by an authority other than
23 the state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater Medical
24 Marijuana Act would
otherwise have
prevented
a conviction;
25 (i) All registry identification card applicants shall apply to the state police for a national
26 criminal
identification records check that
shall
include
fingerprints
submitted to
the federal
27 bureau of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo
28 contendere for a felony drug offense with a sentence of probation, and in accordance with the
29 rules promulgated by the director, the state police shall inform the applicant, in writing, of the
30 nature of the felony
and the
state police shall notify the
department, in writing, without disclosing
31 the nature of the felony, that a felony drug offense conviction or a plea of nolo contendere for a
32 felony drug offense with probation
has
been found.
33 (ii) In those situations in which no felony drug offense conviction or plea of nolo
1 the applicant and the
department,
in writing, of this fact.
2 (iii)
All registry identification
card applicants
shall
be
responsible
for any expense
3 associated with the criminal background
check with fingerprints.
4 (8) A registry identification card of a principal officer, board member, agent, volunteer,
5 or employee shall expire one year after its issuance, or upon the expiration of the registered
6 organization's registration certificate, or upon the termination of the principal officer, board
7 member, agent, volunteer or employee's relationship with the compassion center, whichever
8 occurs first.
9 (d) Expiration or termination
of compassion center:
10 (1) A compassion center's registration shall expire two (2) years after its registration
11 certificate is issued. The compassion center may submit a renewal application beginning sixty
12 (60) days prior to the expiration
of its registration certificate;
13 (2) The department shall grant a compassion center's renewal application within thirty
14 (30) days of its submission if the following conditions are all satisfied:
15 (i)
The compassion center submits the materials
required
under subdivision
(c)(4),
16 including a five thousand
dollar ($5,000) fee;
17 (ii) The compassion center's registration has never been suspended for violations of this
18 chapter or regulations issued
pursuant to this
chapter;
19 (iii) The legislative oversight committee's report, if issued pursuant to subsection (4)(j),
20 indicates that the compassion center is adequately providing patients with access to medical
21 marijuana at reasonable rates; and
22 (iv) The legislative oversight committee's report, if issued pursuant to subsection (4)(j),
23 does not raise serious concerns about the continued operation of the compassion center applying
24 for renewal.
25 (3) If the department determines that any
of the conditions listed in paragraphs (d)(2)(i) -
26 - (iv) have not been met, the department shall begin an open application process for the operation
27 of a compassion center. In granting a new registration certificate, the department shall consider
28 factors
listed in
subdivision (c)(3) of this
section;
29 (4) The
department
shall
issue
a
compassion
center
one
or
more
thirty (30) day
30 temporary registration certificates after that compassion center's registration would otherwise
31 expire if the following conditions are all satisfied:
32 (i) The compassion center previously applied for a renewal, but the department had not
33 yet come
to a decision;
1 (iii)
The compassion center has not
had its registration certificate
revoked due to
2 violations of this chapter or regulations issued
pursuant to
this chapter.
3 (5) A compassion center's registry identification card shall be subject to revocation if the
4 compassion center:
5 (i) Possesses an
amount of marijuana exceeding the limits
established by this chapter;
6 (ii) Is in
violation of the
laws of this state;
7 (iii) Is
in violation of other departmental regulations; or
8 (iv) Employs or enters into a business relationship with a medical practitioner who
9 provides written certification of a qualifying patient's medical condition.
10 (e) Inspection. - Compassion
centers
are subject
to reasonable inspection by the
11 department of health, division of facilities regulation. During an inspection, the department may
12 review the compassion center's confidential records, including its dispensing records, which shall
13 track transactions according to qualifying patients' registry identification numbers to protect their
14 confidentiality.
15 (f) Compassion center requirements:
16 (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit
17 of its patients. A compassion center need not be recognized as a tax-exempt organization by the
18 Internal Revenue Services;
19 (2) A compassion center may not be located within one thousand feet (1000') of the
20 property line
of
a preexisting public
or
private school;
21 (3) A compassion center shall notify the department within ten (10) days of when a
22 principal officer, board member, agent, volunteer or employee ceases to work at the compassion
23 center. His or her card shall be deemed null and void and the person shall be liable for any
24 penalties that may apply to any nonmedical possession or use of marijuana by the person;
25 (4) A compassion center shall notify the department in writing of the name, address, and
26 date of birth of any new principal officer, board member, agent, volunteer or employee and shall
27 submit a fee in an amount established by the department for a new registry identification card
28 before that person begins
his
or her relationship with the
compassion center;
29 (5) A compassion center shall implement appropriate security measures to deter and
30 prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and
31 shall insure that each location has an operational security alarm system. Each compassion center
32 shall request that the Rhode Island state police visit the compassion center to inspect the security
33 of the facility and make any recommendations regarding the security of the facility and its
34 personnel within ten (10) days prior to the initial opening of each compassion center. Said
1 recommendations shall not
be
binding upon any compassion center,
nor
shall
the
lack of
2 implementation of said recommendations delay or prevent the opening
or operation of any
center.
3 If the Rhode Island state police do not inspect the compassion center within the ten (10) day
4 period
there
shall be
no delay in the compassion center's opening.
5 (6) The operating documents of a compassion center shall include procedures for the
6 oversight of the
compassion
center and procedures to ensure
accurate record
keeping;
7 (7) A compassion center
is prohibited from
acquiring, possessing, cultivating,
8 manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any
9 purpose except to assist registered qualifying patients with the medical use of marijuana directly
10 or through
the
qualifying patient's other primary caregiver;
11 (8) All principal officers and board members of a
compassion center must be
residents
of
12 the state of Rhode Island;
13 (9) Each time a new registered qualifying patient visits a compassion center, it shall
14 provide the patient with frequently asked questions sheet designed by the department, which
15 explains the
limitations on the right to use medical marijuana under state law;
16 (10) Each compassion center shall develop, implement, and maintain on the premises
17 employee, volunteer and agent policies and procedures to address the
following requirements:
18 (i) A job description
or employment contract developed for all employees
and agents and
19 a volunteer agreement for
all
volunteers, which
includes duties,
authority,
responsibilities,
20 qualifications, and
supervision; and
21 (ii) Training in and adherence to
state
confidentiality laws.
22 (11) Each compassion center shall maintain a personnel record for each employee, agent
23 and volunteer that includes an application and a record of any disciplinary action taken;
24 (12) Each compassion center shall develop, implement, and maintain on the premises an
25 on-site training curriculum, or enter into contractual relationships with outside resources capable
26 of meeting employee training needs, which
includes, but is
not
limited to, the
following topics:
27 (i) Professional conduct, ethics, and
patient confidentiality; and
28 (ii) Informational developments in
the field
of
medical use
of marijuana.
29 (13) Each compassion center entity shall provide each employee, agent and volunteer, at
30 the time
of his or her initial appointment,
training in
the
following:
31 (i) The
proper use of security measures
and
controls that have
been adopted; and
32 (ii) Specific
procedural instructions
on how to respond
to an emergency, including
33 robbery or violent accident;
34 (14) All compassion centers shall prepare training documentation for each employee and
1 volunteer and have employees
and
volunteers sign a
statement indicating the date,
time, and place
2 the employee and volunteer received said training and topics discussed, to include name and title
3 of presenters. The compassion center shall maintain
documentation of an employee's and
a
4 volunteer's training for a period of at least six (6) months after termination of an employee's
5 employment or the
volunteer's
volunteering.
6 (g) Maximum amount of usable
marijuana to be
dispensed:
7 (1) A compassion center or principal
officer,
board
member, agent, volunteer
or
8 employee of a compassion center may not dispense more than two and one
half ounces
(2.5 oz) of
9 usable marijuana to a qualifying patient directly or through a qualifying patient's other primary
10 caregiver during a fifteen (15) day period;
11 (2) A compassion center
or
principal officer, board member,
agent,
volunteer or
12 employee of a compassion center may not dispense an amount of usable marijuana or marijuana
13 plants to a qualifying patient or a qualifying patient's other primary caregiver that the compassion
14 center, principal officer, board member, agent, volunteer, or employee knows would cause the
15 recipient to possess more marijuana than is permitted under the Edward O. Hawkins and Thomas
16 C. Slater Medical Marijuana
Act.
17 (h) Immunity:
18 (1) No registered compassion center shall be subject to prosecution; search, except by
19 the department pursuant to subsection (e); seizure; or penalty in any manner or denied any right
20 or privilege, including, but not limited to, civil penalty or disciplinary action by a business,
21 occupational, or professional licensing board or entity, solely for acting in accordance with this
22 section to assist registered qualifying patients to whom it is connected through the department's
23 registration process with the medical use of marijuana;
24 (2) No registered compassion center shall be subject to prosecution; seizure or penalty in
25 any manner or denied any right or privilege, including, but not limited to, civil penalty or
26 disciplinary action by a business, occupational, or professional licensing board or entity, for
27 selling, giving or distributing marijuana in whatever form and within the limits established by the
28 department to another registered
compassion center;
29 (3) No
principal officers, board
members,
agents,
volunteers, or employees
of
a
30 registered compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in
31 any manner or denied any right or privilege, including, but not limited to, civil penalty or
32 disciplinary action by a business, occupational, or professional licensing board or entity, solely
33 for working for or with a compassion center to
engage
in acts permitted
by this section.
34 (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or
1 denied any right or privilege, including, but not limited to, civil penalty, disciplinary action,
2 termination, or loss of employee or pension benefits, for any and all conduct that occurs within
3 the scope of his
or her employment regarding the
administration,
execution and/or enforcement of
4 this act, and the provisions of Rhode Island general laws, sections 9-31-8 and 9-31-9 shall be
5 applicable to this section.
6 (i) Prohibitions:
7 (1) A compassion center
shall not possess an amount of marijuana at any given time that
8 exceeds the following limitations:
9 (i) One hundred fifty (150) marijuana plants of which no more than ninety-nine (99)
10 shall be
mature; and
11 (ii) One thousand five hundred ounces (1500 oz.) of usable marijuana must limit its
12 inventory of seedlings, plants, and usable marijuana to reflect the projected needs of registered
13 qualifying patients.
14 (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a
15 person other than a qualifying patient who has designated the compassion center as a primary
16 caregiver or to
such patient's other primary caregiver;
17 (3) A person found to have violated paragraph (2) of this subsection may not be an
18 employee, agent, volunteer, principal officer,
or
board member of any compassion center;
19 (4) An employee, agent, volunteer, principal officer or board member of any
compassion
20 center found in violation of paragraph (2) above shall have his or her registry identification
21 revoked immediately; and
22 (5) No person who has been convicted of a felony drug offense or has entered a plea of
23 nolo contendere for a felony drug offense with a sentence or probation may be the principal
24 officer, board member, agent, volunteer,
or
employee of a compassion
center
unless the
25 department has determined that the person's conviction was for the medical use of marijuana or
26 assisting with the medical use of marijuana in accordance with the terms and conditions of this
27 chapter. A person who is employed by or is an agent, volunteer, principal officer, or board
28 member of a compassion center in violation of this section is guilty
of a
civil violation
punishable
29 by a fine of up to one thousand dollars ($1,000). A subsequent violation of this section is a
30 misdemeanor:
31 (j) Legislative oversight committee:
32 (1) The general
assembly
shall appoint
a
nine
(9) member oversight committee
33 comprised of: one member of the house of representatives; one member of the senate; one
34 physician to be selected from a list provided by
the
Rhode Island medical society; one nurse to be
1 selected from a list provided by the Rhode Island state nurses association; two (2) registered
2 qualifying patients; one registered primary caregiver; one patient advocate to be selected from a
3 list provided by
the
Rhode Island patient advocacy
coalition; and the superintendent of the Rhode
4 Island
state police or his/her designee.
5 (2) The oversight committee shall meet at least six (6) times per year for the purpose of
6 evaluating and making recommendations to the
general assembly regarding:
7 (i) Patients' access to
medical marijuana;
8 (ii) Efficacy of compassion center;
9 (iii) Physician participation
in
the Medical Marijuana Program;
10 (iv) The definition of qualifying medical condition;
11 (v) Research studies
regarding health
effects
of medical marijuana for patients.
12 (3) On or before January 1 of every even numbered year, the oversight committee shall
13 report to the
general assembly on
its
findings.
14 SECTION 5. Sections 1 and 2 of this article shall take effect on October 1, 2014. The
15 remainder of this
article
shall take
effect upon passage.
1 ARTICLE 16
=======
art.016/3/016/2/023/3/023/2/023/1
=======
2 RELATING TO HEALTH CARE
3 SECTION
1. Section
23-17-38.1
of
the
General
Laws in
Chapter 23-17 entitled
4 "Licensing of Health
Care Facilities"
is hereby amended to read as follows:
5 23-17-38.1. Hospitals – Licensing fee. -- (a) There is imposed a hospital licensing fee at
6 the rate of five and thirty-five hundredths percent (5.35%) upon the net patient services revenue
7 of every hospital for the hospital's first fiscal year ending on or after January 1, 2011, except that
8 the license fee for all hospitals located in Washington County, Rhode Island shall be discounted
9 by thirty-seven percent (37%). The discount
for Washington County hospitals is subject
to
10 approval by the Secretary of the US Department of Health and Human Services of a state plan
11 amendment submitted by the Executive Office of Health and Human Services for the purpose of
12 pursuing a waiver of the uniformity requirement for the hospital license fee. This licensing fee
13 shall be administered and collected by the tax administrator, division of taxation within the
14 department of revenue, and all the administration, collection and other provisions of 51 of title 44
15 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before July
16 15, 2013 and payments shall be made by
electronic
transfer of monies to
the
general treasurer and
17 deposited to the general fund. Every hospital shall, on or before June 17, 2013, make a return to
18 the tax administrator containing the correct computation of net patient services revenue for the
19 hospital fiscal year ending September 30, 2011, and the licensing fee due upon that amount. All
20 returns
shall be
signed by the hospital's
authorized
representative,
subject to
the
pains and
21 penalties of perjury.
22 (b)(a) There is
also imposed a hospital licensing fee at the rate of five and two hundred
23 forty-six
thousandths
percent (5.246%) five and four
hundred eighteen thousandths
percent
24 (5.418%) upon the net patient services revenue of every hospital for the hospital's first fiscal year
25 ending on or after January 1,
2012, except that the
license
fee for all
hospitals located in
26 Washington
County,
Rhode Island shall be
discounted
by
thirty-seven percent (37%).
The
27 discount for Washington County hospitals is subject to approval by the Secretary of the US
28 Department of Health and Human Services of a state
plan amendment submitted
by the Executive
29 Office
of Health and Human Services for the purpose of pursuing a waiver of the uniformity
30 requirement for the hospital license fee. This licensing fee shall be administered and collected by
31 the
tax administrator, division of taxation within the
department
of revenue,
and
all the
1 administration, collection and other provisions of 51 of title 44 shall apply. Every hospital shall
2 pay the licensing fee to the tax administrator on or before July 14, 2014 and payments shall be
3 made
by electronic transfer of monies to the general treasurer and deposited to the general fund.
4 Every hospital shall,
on or before June 16, 2014, make
a return to
the
tax administrator containing
5 the correct computation of
net
patient services
revenue
for the
hospital
fiscal year
ending
6 September 30, 2012, and the licensing fee due upon that amount. All returns shall be signed by
7 the hospital's
authorized representative, subject to the pains and penalties of perjury.
8 (b) There is also imposed a hospital licensing fee at the rate of five and seven hundred
9 three thousandths percent (5.703%) upon the net patient services revenue of every
hospital for the
10 hospital's first fiscal year ending on or after January 1, 2013, except that the license fee for all
11 hospitals
located in
Washington County, Rhode Island
shall be discounted
by thirty-seven percent
12 (37%). The discount for Washington County hospitals is subject to approval by the Secretary of
13 the US Department of Health and Human Services of a state plan amendment submitted by the
14 Executive Office of Health and Human Services for the purpose of pursuing a waiver of the
15 uniformity requirement for the hospital license fee. This licensing fee shall be administered and
16 collected by the tax administrator, division of taxation within the department of revenue, and all
17 the administration, collection and other provisions of 51 of title 44 shall apply. Every hospital
18 shall pay the licensing fee to the tax administrator on or before July 13, 2015 and payments shall
19 be made by electronic transfer of monies to the general treasurer and deposited to the general
20 fund. Every hospital shall, on or before June 15, 2015, make a return to the tax administrator
21 containing the correct computation of net patient services revenue for the hospital fiscal year
22 ending September 30, 2013, and the licensing fee due upon that amount. All returns shall be
23 signed by the
hospital's
authorized representative, subject to the
pains and penalties
of perjury.
24 (c)
For purposes of this section the following words and phrases have the following
25 meanings:
26 (1)
"Hospital" means a person or governmental unit duly licensed in accordance with this
27 chapter to
establish, maintain,
and operate a hospital, except a
hospital whose primary
service and
28 primary bed
inventory are psychiatric.
29 (2)
"Gross patient services revenue"
means the gross revenue related to patient care
30 services.
31 (3)
"Net patient services revenue" means the charges related to patient care services less
32 (i)
charges attributable to charity care, (ii) bad
debt
expenses, and (iii) contractual allowances.
33 (d) The
tax
administrator shall make and promulgate any rules,
regulations, and
34 procedures not inconsistent with state law and fiscal procedures that he or she deems necessary
1 for
the proper administration of this section and to carry out the provisions, policy and purposes
2 of this section.
3 (e)
The licensing fee imposed by this section shall apply to hospitals as defined herein
4 which are duly licensed on July 1, 2013 2014, and shall be in addition to the inspection fee
5 imposed by
§ 23-17-38 and to any licensing
fees
previously imposed in accordance with § 23-17-
6 38.1.
7 SECTION 2. Section 23-1-46 of the General Laws in Chapter 23-1 entitled "Department
8 of Health"
is hereby amended
to
read as follows:
9 23-1-46. Insurers. -- (a)
Beginning in the fiscal year 2007, each insurer licensed or
10 regulated pursuant to the provisions of chapters 18, 19, 20, and 41 of title 27 shall be assessed a
11 child immunization assessment and an adult immunization assessment for the purposes set forth
12 in this section. The department of health shall make available to each insurer, upon its request,
13 information regarding the department of health's immunization programs and the costs related to
14 the program. Further, the department of health shall submit to the general assembly an annual
15 report on the
immunization
programs and cost related
to
the programs, on or before February
1 of
16 each year. Annual assessments shall be based on direct premiums written in the year prior to the
17 assessment and for the child immunization program shall not include any Medicare Supplement
18 Policy (as defined in section 27-18.2-1(g)), Medicaid or Medicare premiums. Adult influenza
19 immunization program annual assessments shall include contributions related to the program
20 costs from
Medicare, Medicaid and Medicare
Managed
Care.
As to
accident
and
sickness
21 insurance, the direct premium written shall include, but is not limited to, group, blanket, and
22 individual policies. Those insurers assessed greater than ten thousand dollars ($10,000) for the
23 year shall be assessed four (4) quarterly payments of twenty-five percent (25%) of their total
24 assessment. Beginning July 1, 2001, the annual rate of assessment shall be determined by the
25 director of health in concurrence with the primary payors, those being
insurers assessed at greater
26 than ten thousand dollars ($10,000) for the previous year. This rate shall be calculated by the
27 projected costs for the Advisory Committee on Immunization Practices (ACIP) recommended
28 and state mandated vaccines after the federal share has been determined by the Centers for
29 Disease Control and Prevention. The primary payors shall be informed of any recommended
30 change in rates at least six (6) months in advance, and rates shall be adjusted no more frequently
31 than one time annually. For the childhood vaccine program the director of the department of
32 health shall
deposit these
amounts
in Beginning January 1, 2016,
a
portion of the amount
1 Immunization Practices (ACIP), the American Academy of Pediatrics (AAP), and/or mandated
2 by state law, less the federal share determined by the Centers for Disease Control and Prevention,
3 less any amount collected in excess of the prior year’s funding requirement as indicated in
4 subsection
(b) (the "child immunization funding
requirement")
shall
be deposited
into the
5 "childhood immunization account". described in § 23-1-45(a). These assessments funds shall be
6 used solely for the purposes of the "childhood immunization programs"
described in §23-1-44,
7 and no other.
For the adult immunization program the director of the department of health shall
8 deposit these amounts in the "adult immunization account". Beginning January 1 2016, a portion
9 of the amount collected from the healthcare services funding method described in § 42-7.4-3, up
10 to the actual amount expended or projected to be expended by the state for adult immunizations
11 recommended by ACIP and/or mandated by state law, less the federal share determined by the
12 Centers for Disease Control and Prevention, less any amount collected in excess of the prior
13 year’s funding requirement as
indicated
in subsection (b) (the "adult
immunization
funding
14 requirement") shall be deposited into the
"adult immunization account" described in § 23-1-45(c).
15 These funds shall be used solely for the purposes of the "adult immunization programs"
described
16 in § 23-1-44 and no other.
17 (b) The department of health shall submit to the general assembly an annual report on the
18 immunization programs and
costs
related
to
the programs,
on or before February 1 of each year.
19 Any
funds collected in excess of funds needed to carry-out ACIP recommendations,
20 taking into
account
a
reasonable annual
carry
forward
surplus, shall
be
deducted from the
21 subsequent year's assessments. funding requirements.
22 SECTION
3. Section
42-12-29
of
the General Laws
in Chapter 42-12 entitled
23 "Department of Human
Services"
is hereby amended to
read
as follows:
24 42-12-29. Children's health account. -- (a) There is created within the general fund a
25 restricted receipt account to be known as the "children's health account". All money in the
26 account shall be utilized by the department of human services to effectuate coverage for the
27 following service categories: (1)
home health services, which include pediatric private duty
28 nursing and certified nursing assistant services;
(2) comprehensive,
evaluation,
diagnosis,
29 assessment, referral and evaluation (CEDARR) services, which include CEDARR family center
30 services, home based therapeutic services, personal assistance services and supports (PASS) and
31 kids
connect services and (3) child and adolescent
treatment services (CAITS).
All
money
32 received pursuant to this section shall be deposited in the children's health account. The general
33 treasurer is authorized and directed to draw his or her orders on the account upon receipt of
1 (b) Beginning in the fiscal year 2007, each insurer licensed or regulated pursuant to the
2 provisions of chapters 18, 19, 20, and 41 of title 27 shall be assessed for the purposes set forth in
3 this section. The department of human services shall make available to each insurer, upon its
4 request, information regarding the department of human services child health program and the
5 costs related to the program. Further, the department of human services shall submit to the
6 general assembly an annual report on the program and cost related to the program, on or before
7 February 1 of each year. Annual
assessments shall be based on direct premiums written in the
8 year prior to the assessment and shall not include any Medicare Supplement Policy (as defined in
9 section 27-18-2.1(g)), Medicare managed care, Medicare, Federal Employees Health
Plan,
10 Medicaid/RIte Care or dental premiums. As to accident and sickness insurance, the direct
11 premium written
shall include, but
is not limited
to, group, blanket,
and individual policies. Those
12 insurers assessed greater than five hundred thousand dollars ($500,000) for the year shall be
13 assessed four (4) quarterly payments of twenty-five percent (25%) of their total assessment.
14 Beginning July 1, 2006, the annual rate of assessment shall be determined by the director of
15 human services in
concurrence with the primary payors, those being
insurers
likely to be assessed
16 at greater than five hundred thousand dollars ($500,000). The director of the department of
17 human services shall deposit that amount Beginning January 1, 2016, a portion of the amount
18 collected pursuant to § 42-7.4-3, up to the actual amount expended or projected to be expended
19 by the state for the services
described in § 42-12-29(a), less
any amount collected in excess of the
20 prior year’s funding requirement as indicated in § 42-12-29(c),
but in
no event more than the limit
21 set forth in § 42-12-29(d) (the "child health services funding requirement"), shall be deposited in
22 the
"children's health account". The
assessment funds shall be used solely for the purposes of the
23 "children's health account", and no other.
24 (c)
The office of health and human services shall submit to the general assembly an
25 annual report on the program and costs related to the program, on or before February 1 of each
26 year. The department
shall
make available to each insurer required to make a
contribution
27 pursuant to § 42-7.4-3, upon its request, detailed information regarding the children's health
28 programs described
in subsection (a) and
the
costs related to those programs. Any funds collected
29 in
excess of funds needed to carry out the programs shall be deducted from the subsequent year's
30 assessment. funding requirements.
31 (d)
The total
annual assessment on all insurers amount required to be deposited into the
32 children's health account shall be equivalent to the amount paid by the department of human
33 services for all services, as
listed in subsection (a), but not to exceed seven thousand five hundred
34 dollars ($7,500) per child per service per year.
1 (e) The children's health account
shall
be exempt
from the
indirect
cost recovery
2 provisions of section
35-4-27 of the general laws.
3 SECTION
4. Title 42 of the
General
Laws entitled
"STATE AFFAIRS AND
4 GOVERNMENT" is
hereby amended
by adding thereto the following chapter:
5 CHAPTER 7.4
6 THE HEALTHCARE
SERVICES
FUNDING PLAN ACT
7 42-7.4-1. Short title. --
The Healthcare services funding plan act. --
This chapter shall be
8 known and may be
cited
as
"The Healthcare
Services Funding Plan Act."
9 42-7.4-2. Definitions. -- The following words and phrases as used in this chapter shall
10 have the following meaning:
11 (1) "Secretary" means the secretary of health and human services.
12 (2)(i) "Insurer"
means all persons offering, administering, and/or insuring healthcare
13 services,
including,
but
not limited to:
14 (A) Policies
of accident and sickness insurance, as defined
by chapter 18 of title 27:
15 (B) Nonprofit hospital or medical service plans, as defined by chapters 19 and 20 of title
16 27;
17 (C) Any person
whose
primary function
is to
provide
diagnostic,
therapeutic,
or
18 preventive services to
a defined population on
the
basis
of a
periodic premium;
19 (D) All domestic,
foreign,
or
alien
insurance companies, mutual associations and
20 organizations;
21 (E) Health maintenance
organizations, as defined by chapter 41
of
title 27;
22 (F) All persons providing health benefits coverage on a self-insurance basis;
23 (G) All third-party administrators described in chapter 20.7
of title 27; and
24 (H) All persons
providing health benefit coverage
under Title XIX of the Social Security
25 Act (Medicaid) as a Medicaid managed care organization offering managed Medicaid
26 and the
state's
Medicaid fee-for-service
plan.
27 (ii) "Insurer" shall not include
any nonprofit dental service corporation as defined in § 27-
28 20.1-2, nor any insurer offering only those coverages described
in
§ 42-7.4-14.
29 (3)(i) "Contribution enrollee"
means an individual residing in this state, with respect to
30 whom an insurer administers, provides, pays for, insures, or covers health care services, unless
31 excepted by this section.
32 (ii) "Contribution enrollee"
shall not include an individual whose healthcare services are
33 paid or reimbursed by Part A or Part B of the Medicare program, a Medicare supplemental policy
34 as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. 1395ss(g)(1), or Medicare
1 managed care policy, the federal employees' health benefit program, Tricare, CHAMPUS, the
2 Veterans' healthcare program, the Indian health service program, or any local governmental
3 corporation,
district, or agency providing health benefits coverage on
a self-insured basis;
4 (iii) Delayed Applicability for State
Employees, Retirees,
and Dependents. An individual
5 whose healthcare services are paid or reimbursed by the state of Rhode Island pursuant to Rhode
6 Island General Laws title 36 chapter 12 shall not be treated as a “contribution enrollee” until July
7 1, 2016.
8 (4) "Person"
means any individual, corporation,
company, association,
partnership,
9 limited liability company, firm, state governmental corporations, districts, and agencies, joint
10 stock associations, trusts, and
the
legal successor thereof.
11 (5) "Healthcare
services funding contribution" means per capita amount each
contributing
12 insurer must contribute to support the programs funded by the method established under this
13 section, with respect to each contribution enrollee; provided, however, that, with respect to an
14 insurer that is a Medicaid managed care organization offering managed Medicaid and the state's
15 Medicaid fee-for-service plan, the healthcare funding services contribution for any contribution
16 enrollee whose healthcare services are paid or reimbursed under Title XIX of the Social Security
17 Act (Medicaid) shall not include the children's health services funding requirement described in §
18 42-12-29.
19 42-7.4-3. Imposition of healthcare services funding contribution. -- (a) Each insurer is
20 required to pay the healthcare services funding contribution for each contribution enrollee of the
21 insurer at the time the
contribution is calculated
and paid, at the rate set forth in this
section.
22 (1) Beginning January 1, 2016, the secretary shall set the healthcare services funding
23 contribution each
fiscal
year in
an amount
equal
to: (i) The child immunization
funding
24 requirement described
in § 23-1-46; plus
(ii) The adult
immunization
funding requirement
25 described in § 23-1-46; plus (iii) The children's health services funding requirement described in
26 § 42-12-29; and
all
as divided
by (iv) The number of contribution
enrollees of all insurers.
27 (2) The contribution set forth herein shall be in addition to any other fees or assessments
28 upon the
insurer allowable by law.
29 (b) The contribution shall be paid by the insurer; provided, however, a person providing
30 health
benefits coverage
on
a
self-insurance
basis
that
uses the
services of
a
third-party
31 administrator shall not be required to make a contribution for a contribution enrollee where the
32 contribution on that enrollee
has been or will be made by the third-party administrator.
33 (c) The secretary shall
create a process to facilitate
the
transition
to the healthcare
34 services funding contribution method that: (i) assures adequate funding during fiscal year 2016,
1 (ii) reflects that funding via the healthcare services funding contribution method initially will be
2 for only a portion of the state’s fiscal year, and (iii) avoids duplicate liability for any insurer that
3 made a payment under the premium assessment method in effect prior to January 1, 2016,
for a
4 period for which it would also be liable for a contribution under the healthcare services funding
5 contribution method as
described in this chapter.
6 42-7.4-4. Returns and payment. -- (a) Subject to subsection (b), every insurer required
7 to make a contribution shall, on or before the last day of July, October, January and April of each
8 year, make a return to the secretary together with payment of the quarterly healthcare services
9 funding contribution for the preceding three (3) month period.
10 (b)(1) Upon
request of the
director of
the department of health, the secretary shall
11 develop a process whereby an insurer required to make the contribution may be directed to make
12 estimated payments for the portion of the liability arising under § 42-7.4-3 and the secretary shall
13 make that pre-paid
amount available to the department of health,
as requested.
14 (2) Unless requested to make an estimated payment as described in subsection (b)(1)
15 above, any insurer required to make the contribution that can substantiate that the insurer's
16 contribution liability would average less than twenty-five thousand dollars ($25,000) per month
17 may file returns and remit payment annually on or before the
last day of June each year; provided,
18 however, that the
insurer shall be required to make quarterly payments if the secretary determines
19 that:
20 (i) The insurer has become delinquent in either the filing of the return or the payment of
21 the healthcare services funding contribution
due thereon; or
22 (ii) The liability of the
insurer exceeds seventy-five
thousand
dollars
($75,000)
in
23 healthcare services funding contribution per quarter for any two (2) subsequent quarters.
24 (c) All returns shall be signed by the insurer required to make the contribution, or by its
25 authorized representative, subject to the
pains and penalties of perjury.
26 (d) If a return shows an overpayment of the contribution due, the secretary
shall refund or
27 credit the
overpayment to the insurer required to make the contribution, or the insurer may deduct
28 the overpayment from the
next
quarterly or annual return.
29 (e) The secretary, for good cause shown, may extend the time within which an insurer is
30 required to file a return, and if the return is filed during the period of extension no penalty or late
31 filing charge may be imposed for failure to file the return at the time required by this section, but
32 the insurer shall be liable for interest as prescribed in this section. Failure to file the return during
33 the period
for
the extension shall void the extension.
1 contribution pursuant to this chapter shall fail to pay a contribution within thirty (30) days of its
2 due date, the secretary may request any agency of state government making payments to the
3 insurer to set-off the amount of the delinquency against any payment or amount due the insurer
4 from the agency of state
government and remit the
sum
to the secretary. Upon
receipt of the
setoff
5 request from the secretary, any agency of state government is authorized and empowered to set-
6 off the amount of the delinquency against any payment or amounts due the insurer. The amount
7 of set-off shall be credited against the contribution due from the insurer.
8 42-7.4-6.
Assessment on available information
-- Interest on delinquencies --
9 Penalties -- Collection powers. --
If any insurer shall fail to file a return within the time required
10 by this chapter, or shall file an insufficient or incorrect return, or shall not pay the contribution
11 imposed by this section when it is due, the secretary shall assess the contribution upon the
12 information as may be available, which shall be payable upon demand and shall bear interest at
13 the annual rate provided by § 44-1-7, from the date when the contribution should have been paid.
14 If the failure is due, in whole or part, to negligence or intentional disregard of the provisions of
15 this section, a penalty of ten percent (10%) of the amount of the determination shall be added to
16 the contribution. The secretary shall collect the contribution with interest. The secretary may
17 request any agency to assist in collection, including the tax administrator, who may collect the
18 contribution with interest in the same manner and with the same powers as are prescribed for
19 collection of taxes in
title 44.
20 42-7.4-7. Claims for refund -- Hearing upon denial. -- (a) Any insurer required to pay
21 the contribution may file a claim for refund with the secretary at any time within two (2) years
22 after the contribution has been paid. If the secretary
shall determine that the
contribution has been
23 overpaid, he
or
she
shall
make
a
refund
with ten percent (10%) interest from the
date of
24 overpayment.
25 (b) Any insurer whose claim for refund has been denied may, within
thirty (30) days
from
26 the date of the mailing by the secretary of the notice of the decision, request a hearing and the
27 secretary shall, as soon as practicable, set a time and place for the hearing and shall notify the
28 person.
29 42-7.4-8. Hearing by secretary on application. --
Any insurer aggrieved by the action
30 of the secretary in determining the amount of any contribution or penalty imposed under the
31 provisions
of this chapter may apply to
the secretary, within thirty (30) days
after the notice
of the
32 action is mailed to it, for a hearing relative to the contribution or penalty. The
secretary shall fix a
33 time and place for the hearing and shall so notify the person. Upon the hearing the secretary shall
1 amount lawfully due together with any penalty or interest thereon.
2 42-7.4-9. Appeals. -- Appeals from administrative orders or decisions made pursuant to
3 any provisions of this chapter shall be pursued pursuant to chapter 35 of title 42. The right to
4 appeal under
this section shall be expressly made conditional
upon
prepayment
of
all
5 contribution, interest, and penalties unless the insurer demonstrates to the satisfaction of the court
6 that the insurer has a reasonable probability of success on the merits and is unable to prepay all
7 contribution, interest, and penalties, considering not only the insurer’s own financial resources
8 but also the ability of the insurer to
borrow the required
funds. If the court, after appeal, holds that
9 the insurer is entitled to a refund, the insurer shall also be paid interest on the amount at the rate
10 provided in § 44-1-7.1 of
the Rhode Island
general laws, as amended.
11 42-7.4-10.
Records. --
Every insurer required to
make the
contribution
shall:
12 (1) Keep records as may be necessary to determine the amount of its liability under this
13 section;
14 (2) Preserve those records for a period of three (3) years following the date of filing of
15 any return required by this section, or until any litigation or prosecution under this section is
16 finally determined; and
17 (3) Make those records available for inspection by the secretary or his/her authorized
18 agents, upon demand, at reasonable times during regular business hours.
19 42-7.4-11.
Method
of payment
and
deposit of
contribution.
-- (a) The
payments
20 required by this
chapter may be made by electronic transfer of monies to the
general treasurer.
21 (b) The general treasurer shall take all steps necessary to facilitate the transfer of monies
22 to:
23 (1) The "childhood immunization account" described in § 23-1-45(a) in the amount
24 described
in § 23-1-46(a);
25 (2) To the "adult
immunization account"
described
in § 23-1-45(c)
in the
amount
26 described
in § 23-1-46(a);
27 (3) To the "children's health account" described in § 42-12-29(a) in the amount described
28 in § 42-12-29(b); and
29 (4) Any remainder of the payments shall be proportionally distributed to those accounts
30 and credited against the
next year’s
healthcare services funding contribution.
31 (c) The general treasurer
shall
provide
the secretary
with
a
record of
any
monies
32 transferred
and deposited.
33 42-7.4-12. Rules and regulations. --
The secretary is
authorized to make and promulgate
34 rules, regulations, and procedures not inconsistent with state law and fiscal procedures as he or
1 she deems necessary for the proper administration of this healthcare
services funding plan act and
2 to carry out the provisions, policies, and purposes of this chapter including, but not limited to,
3 data it must collect from insurers for the correct computation of the healthcare services funding
4 contribution, collaboration with other state agencies for collecting necessary information, and the
5 form of the return and the data that it must contain for the correct computation of the healthcare
6 services
funding contribution.
7 42-7.4-13.
Excluded
coverage
from the
healthcare
services
funding
plan
act. --
8 (a) In addition to any exclusion and exemption contained elsewhere in this chapter, this
9 chapter shall not apply to insurance coverage providing benefits for, nor shall an individual be
10 deemed a contribution enrollee
solely by
virtue of receiving benefits for the following:
11 (1) Hospital confinement indemnity;
12 (2) Disability income;
13 (3) Accident only;
14 (4) Long-term care;
15 (5) Medicare
supplement;
16 (6) Limited benefit health;
17 (7) Specified
disease indemnity;
18 (8) Sickness or bodily injury or death by accident or both; and
19 (9) Other limited benefit policies.
20 42-7.4-14. Impact on Health Insurance Rates.
(a) Allocation -- An insurer required to
21 make a healthcare services funding contribution may pass on the cost of that contribution in the
22 cost of its services, such as its premium rates (for insurers), without being required to specifically
23 allocate those costs to individuals or populations that actually
incurred the contribution. The costs
24 are to be fairly allocated among the market segments incurring such
costs.
25 (b) Oversight - The health insurance commissioner shall ensure, through the rate review
26 and approval process, that the rates filed for fully insured groups and individuals, pursuant to
27 chapter 18.5, 18.6 or 50 of title 27, reflect the transition to the funding method described in this
28 section.
29 42-7.4-15.
Study on Expansion of
Health Care Services
Funding
Program.--
30 Recognizing the value of the immunization programs to municipal employees, police, fire, and
31 other public safety officers, and to teachers and other school district employees, the director of
32 the department of health or his or her designee shall meet with representatives and agencies of
33 local governments, including but not limited to the league of cities and towns, the division of
34 municipal finance,
the
association of police
chiefs, the association of
fire chiefs,
and
the
1 association of school committees, to obtain and share information regarding the effectiveness of
2 the program and the manner and timing under which municipalities shall become included in the
3 funding method described in this section.
The department shall also seek clarification from the
4 Centers for Medicare and Medicaid Services regarding the extent to which Medicare, Medicare
5 managed care
organizations, and
Medicare
supplement
plans could become included
in the
6 funding method described in
this section.
The
department shall report
its
findings
to the
7 chairpersons of the house finance committee and senate finance committee not later than April 1,
8 2015.
9 SECTION 5. Section 1 of this article shall take effect as of July 1, 2014. The remainder
10 of
this article shall take
effect upon passage.
1 ARTICLE 17
=======
art.017/2/024/3/024/2/024/1
=======
2 RELATING TO HOSPITAL
UNCOMPENSATED CARE
3 SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3
4 entitled "Uncompensated Care" are hereby amended to read as follows:
5 40-8.3-2.
Definitions. -- As used in this chapter:
6 (1)
"Base year" means for the
purpose of calculating a disproportionate
share payment for
7 any fiscal year ending after September 30,
2012 2013, the period from October 1, 2010 2011
8 through September 30,
2011 2012, and for any fiscal year ending after September 30, 2013 2014,
9 the period
from October 1, 2011 2012
through September 30,
2012 2013.
10 (2) "Medical assistance inpatient utilization
rate for
a
hospital"
means a fraction
11 (expressed as a percentage) the numerator of which is the hospital's number of inpatient days
12 during the base year attributable to patients who were eligible for medical assistance during the
13 base year and the denominator of which is the total number of the hospital's inpatient days in the
14 base year.
15 (3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:
16 (i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year; (ii)
17 achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the
18 base year; and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23
19 during the
payment year.
20 (4) "Uncompensated care costs"
means, as to any hospital, the sum of: (i) the cost
21 incurred by such hospital during the base year for inpatient or outpatient services attributable to
22 charity care (free care and bad debts) for which the patient has no health insurance or other third-
23 party coverage less payments, if any, received directly from such patients; and (ii) the cost
24 incurred by such hospital during the base year for inpatient or out-patient services attributable to
25 Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the
26 uncompensated care index.
27 (5) "Uncompensated care index" means the annual percentage increase for hospitals
28 established pursuant to § 27-19-14 for each year after the base year, up to and including the
29 payment year,
provided,
however,
that the
uncompensated care
index for the
payment year ending
30 September 30, 2007 shall be deemed to be five and thirty-eight hundredths percent (5.38%), and
1 that the uncompensated care index for the payment year ending September 30, 2008 shall be
2 deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated care
3 index for the
payment year ending September 30,
2009 shall be deemed
to be five and thirty-eight
4 hundredths percent (5.38%), and that the uncompensated care index for the payment years ending
5 September 30, 2010, September
30, 2011, September
30,
2012,
September 30, 2013
and,
6 September 30, 2014 and September 30, 2015 shall be deemed to be five and thirty hundredths
7 percent (5.30%).
8 40-8.3-3. Implementation. --
(a) For the fiscal year commencing on October 1, 2011 and
9 ending September 30, 2012, the executive office of health and human services shall submit to the
10 Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
11 Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
12 provide:
13 (1) That the disproportionate share hospital payments to all participating hospitals, not to
14 exceed an aggregate limit of $126.2 million, shall be allocated by the executive office of health
15 and human services to the Pool A, Pool C and Pool
D components of the DSH Plan; and,
16 (2) That the Pool D allotment shall be distributed among the participating hospitals in
17 direct proportion to the individual participating hospital's uncompensated care costs for the base
18 year, inflated by the uncompensated care index to the total uncompensated care costs for the base
19 year inflated by uncompensated care index for all participating hospitals. The disproportionate
20 share payments shall be made on or before July 16, 2012 and are expressly conditioned upon
21 approval on or before July 9, 2012 by the Secretary
of the U.S. Department of Health and Human
22 Services, or his
or her authorized
representative, of all Medicaid
state plan
amendments necessary
23 to secure for the state the benefit of federal financial participation in federal fiscal year 2012 for
24 the disproportionate share payments.
25 (b)(a) For federal fiscal year
2013,
commencing on October
1,
2012
and
ending
26 September 30, 2013, the executive office of health and human services shall submit to the
27 Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
28 Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
29 provide:
30 (1) That the disproportionate share hospital payments to all participating hospitals, not to
31 exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health
32 and human
services to the Pool A, Pool C and Pool
D components of the DSH Plan; and,
1 year, inflated by the uncompensated care index to the total uncompensated care costs for the base
2 year inflated by uncompensated care index for all participating hospitals. The disproportionate
3 share payments shall be made on or before July 15, 2013 and are expressly conditioned upon
4 approval on or before
July
8, 2013 by the Secretary
of the U.S. Department of Health and Human
5 Services, or his or her authorized
representative, of all Medicaid
state plan
amendments necessary
6 to secure for the state the benefit of federal financial participation in federal fiscal year 2013 for
7 the disproportionate share
payments.
8 (c) (b) For federal
fiscal year
2014,
commencing on October
1,
2013
and
ending
9 September 30, 2014, the executive office of health and human services shall submit to the
10 Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
11 Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
12 provide:
13 (1) That the disproportionate share hospital payments to all participating hospitals, not to
14 exceed an aggregate limit of
$128.3 $136.8 million, shall be allocated by the executive office of
15 health
and human services to
the Pool A,
Pool C and Pool D components
of
the DSH Plan; and,
16 (2) That the Pool D allotment shall be distributed among the participating hospitals in
17 direct proportion to the individual participating hospital's uncompensated care costs for the base
18 year, inflated by the uncompensated care index to the total uncompensated care costs for the base
19 year inflated by uncompensated care index for all participating hospitals. The disproportionate
20 share payments shall be made on or before July 14, 2014 and are expressly conditioned upon
21 approval on or before
July
7, 2014 by the Secretary
of the U.S. Department of Health and Human
22 Services, or his or her authorized
representative, of all Medicaid
state plan
amendments necessary
23 to secure for the state the benefit of federal financial participation in federal fiscal year 2014 for
24 the disproportionate share
payments.
25 (c) For federal fiscal year 2015, commencing on October 1, 2014 and ending September
26 30, 2015, the executive office of health and human services shall submit to the Secretary of the
27 U.S. Department of Health and Human Services a state plan amendment to the Rhode Island
28 Medicaid
state
plan for disproportionate share hospital payments (DSH Plan) to provide:
29 (1) That the disproportionate share hospital payments to all participating hospitals, not to
30 exceed an aggregate limit of $136.8 million, shall be allocated by the executive office of health
31 and human services to
the
Pool A, Pool C and Pool D
components of the
DSH
Plan; and,
32 (2) That the Pool D allotment shall be distributed among the participating hospitals in
1 year inflated by uncompensated care index for all participating hospitals. The disproportionate
2 share payments shall be made on or before July 13, 2015 and are expressly conditioned upon
3 approval on or before
July
6, 2015 by the Secretary
of the U.S. Department of Health and Human
4 Services, or his or her authorized
representative, of all Medicaid
state plan
amendments necessary
5 to secure for the state the benefit of federal financial participation in federal fiscal year 2015 for
6 the disproportionate share
payments.
7 (d) No provision is made pursuant to this chapter for disproportionate share hospital
8 payments to participating hospitals for uncompensated care costs related to graduate medical
9 education programs.
10 SECTION
2. Section
40-8.3-10
of
the General Laws
in Chapter 40-8.3 entitled
11 "Uncompensated
Care" is hereby amended to read as follows:
12 40-8.3-10. Outpatient adjustment payments. -- Hospital adjustment payments. --
13 Effective July 1, 2012 and for each subsequent year, the executive office of health and human
14 services is hereby authorized and directed to amend its regulations for reimbursement to hospitals
15 for inpatient and outpatient services
as
follows:
16 (a) Each hospital
in the state
of
Rhode
Island,
as
defined in
subdivision 23-17-
17 38.19(b)(1), shall receive a quarterly outpatient adjustment payment each state fiscal year of an
18 amount determined as follows:
19 (1) Determine
the percent
of
the state's total Medicaid outpatient and emergency
20 department services (exclusive of physician services) provided by each hospital during each
21 hospital's prior fiscal year;
22 (2) Determine the sum of all Medicaid payments to hospitals made for outpatient and
23 emergency department services (exclusive of physician services) provided during each hospital's
24 prior fiscal year;
25 (3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by
26 seventy-four and ninety-seven hundredths percent (74.97%) a percentage defined as the total
27 identified upper payment limit for all hospitals divided by the sum of all Medicaid payments as
28 determined in subdivision (2); and then multiply that result by each hospital's percentage of the
29 state's total Medicaid outpatient and emergency department services as determined in subdivision
30 (1) to obtain the total outpatient adjustment for each hospital to
be paid each
year;
31 (4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one
32 quarter (1/4) of its total outpatient adjustment as determined in
subdivision
(3)
above.
33 (b) Each hospital in the state of Rhode Island, as defined in subdivision 3-17-38.19(b)(1),
34 shall receive a quarterly
inpatient
adjustment
payment each
state
fiscal
year of an amount
1 determined as follows:
2 (1) Determine the percent of the state's total Medicaid inpatient services (exclusive of
3 physician
services) provided by each
hospital during each hospital's prior fiscal year;
4 (2) Determine the sum of all Medicaid payments to hospitals made for inpatient services
5 (exclusive
of physician services) provided during each hospital's prior fiscal year;
6 (3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by a
7 percentage defined as the total identified upper payment limit for all hospitals divided by the sum
8 of all Medicaid payments as determined in subdivision (2); and then multiply that result by each
9 hospital's percentage of the state's total Medicaid inpatient services as determined in subdivision
10 (1) to obtain the total inpatient adjustment for each
hospital to
be paid each year;
11 (4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one
12 quarter (1/4) of its total inpatient adjustment as determined in subdivision (3) above.
13 (b) (c) The amounts determined in subsections (a) and (b) are in addition to Medicaid
14 inpatient and outpatient payments and emergency services payments (exclusive of physician
15 services) paid to hospitals in accordance with current state regulation and the Rhode Island Plan
16 for Medicaid Assistance pursuant to Title XIX of the Social Security Act and are not subject to
17 recoupment or settlement.
18 SECTION
4. This article shall take effect as of July 1,
2014.
19
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art.018/3/018/2/025/5/025/4/025/3/025/2/025/1
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1 ARTICLE 18
2 RELATING TO MEDICAL
ASSISTANCE
3 SECTION 1. Sections 40-8-13.4 and 40-8-19 of the General Laws in Chapter 40-8
4 entitled "Medical Assistance" are
hereby amended to
read as follows:
5 40-8-13.4.
Rate methodology for
payment for in state
and out of state hospital
6 services. --
(a)
The
executive
office
of health
and
human services shall implement a new
7 methodology for payment for in state and out of state hospital services in order to ensure access
8 to and the provision of high
quality and cost-effective
hospital care to its eligible recipients.
9 (b) In order to improve efficiency and cost effectiveness, the executive office of health
10 and human services shall:
11 (1) With respect to inpatient services for persons in fee for service Medicaid, which is
12 non-managed care, implement a new payment methodology for inpatient services utilizing the
13 Diagnosis Related Groups (DRG) method of payment, which is, a patient classification method
14 which provides a means of relating payment to the hospitals to the type of patients cared for by
15 the hospitals. It is understood that a payment method based on Diagnosis Related Groups may
16 include cost outlier payments and other specific exceptions. The executive office will review the
17 DRG payment method and the DRG base price annually, making adjustments as appropriate in
18 consideration of such elements as trends in hospital input costs, patterns in hospital coding,
19 beneficiary access
to care, and the Center for Medicare and Medicaid Services national CMS
20 Prospective Payment System (IPPS)
Hospital Input Price index.
21 (B) With respect to inpatient services, (i) it is required as of January 1, 2011 until
22 December 31, 2011, that the Medicaid managed care payment rates between each hospital and
23 health plan shall not exceed ninety and one tenth percent (90.1%) of the rate in effect as of June
24 30, 2010. Negotiated increases in inpatient hospital payments for each annual twelve (12) month
25 period
beginning January 1, 2012 may
not
exceed
the Centers for Medicare and Medicaid
26 Services national CMS Prospective Payment System (IPPS) Hospital Input Price index for the
27 applicable period; (ii) provided, however, for the twelve (12) twenty-four (24) month period
28 beginning July 1, 2013 the Medicaid managed care payment rates between each hospital and
29 health plan shall not exceed the payment rates in effect as of January 1, 2013; (iii) negotiated
30 increases in inpatient hospital payments for each annual twelve (12) month period beginning July
1 1, 2014 2015 may not exceed the Centers for Medicare and Medicaid Services national CMS
2 Prospective Payment System (IPPS) Hospital Input Price Index, less Productivity
Adjustment, for
3 the applicable period; (iv) The Rhode Island executive office of health and human services will
4 develop an audit methodology and process to assure that savings associated with the payment
5 reductions will accrue directly to the Rhode Island Medicaid program through reduced managed
6 care plan
payments and
shall not be retained
by the managed care plans; (v) All hospitals
licensed
7 in Rhode Island shall accept such payment rates as payment in full; and (vi) for all such hospitals,
8 compliance with the provisions of this section shall be a condition of participation in the Rhode
9 Island
Medicaid program.
10 (2) With respect to outpatient services and notwithstanding any provisions of the law to
11 the contrary, for persons enrolled in fee for service Medicaid, the executive office will reimburse
12 hospitals for outpatient services using a rate methodology determined by the executive office and
13 in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare
14 payments for similar services. Notwithstanding the above, there shall be no increase in the
15 Medicaid fee-for-service outpatient rates effective on July 1, 2013
or July 1, 2014. Thereafter,
16 changes to
outpatient rates will be implemented
on July 1
each year and shall align with Medicare
17 payments for similar services from the prior federal fiscal year. With respect to the outpatient
18 rate, (i) it is required as of January 1, 2011 until December 31, 2011, that the Medicaid managed
19 care payment rates between each hospital and health plan shall not exceed one hundred percent
20 (100%) of the rate in effect as of June 30, 2010. Negotiated increases in hospital outpatient
21 payments for each annual twelve (12) month period beginning January 1, 2012 may not exceed
22 the Centers for Medicare and Medicaid Services national CMS Outpatient Prospective Payment
23 System (OPPS) hospital price index for the applicable period; (ii) provided, however, for the
24 twelve (12) twenty-four (24) month period beginning July 1, 2013 the Medicaid managed care
25 outpatient payment rates
between each
hospital and
health
plan shall not exceed the
payment rates
26 in effect as of January 1, 2013; (iii) negotiated increases in outpatient hospital payments for each
27 annual twelve (12) month period beginning July 1, 2014 2015 may not exceed the Centers for
28 Medicare and Medicaid Services national CMS Outpatient Prospective Payment System (OPPS)
29 Hospital Input Price Index,
less Productivity Adjustment,
for the
applicable period.
30 (c) It is intended that payment utilizing the Diagnosis Related Groups method shall
31 reward hospitals for providing the most efficient care, and provide the executive office the
32 opportunity to
conduct value based
purchasing of inpatient care.
33 (d) The
secretary of the executive
office
of
health and human
services
is hereby
34 authorized to promulgate such rules and regulations consistent with this chapter, and to establish
1 fiscal procedures he or she deems necessary for the proper implementation and administration of
2 this chapter in order to provide payment to hospitals using the Diagnosis Related Group payment
3 methodology. Furthermore, amendment of the Rhode Island state plan for medical assistance
4 (Medicaid) pursuant to Title XIX of the federal Social Security Act is hereby authorized to
5 provide for payment to hospitals for services provided to eligible recipients in accordance with
6 this
chapter.
7 (e) The executive office shall comply with all public notice requirements necessary to
8 implement these
rate changes.
9 (f) As a condition of participation in the DRG methodology for payment of hospital
10 services,
every hospital shall submit year-end settlement reports to the
executive
office within
one
11 year from the close of a hospital's fiscal year. Should
a participating hospital fail to timely submit
12 a year-end settlement report as required by this section, the executive office shall withhold
13 financial cycle payments due by any state agency with respect to this hospital by not more than
14 ten percent (10%) until said report is submitted. For hospital fiscal year 2010 and all subsequent
15 fiscal years, hospitals will not be required to submit year-end settlement reports on payments for
16 outpatient services. For hospital fiscal year 2011
and all subsequent fiscal years, hospitals
will not
17 be required
to submit year-end
settlement
reports
on
claims
for hospital
inpatient services.
18 Further, for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include
19 only those
claims
received between
October 1,
2009 and June 30, 2010.
20 (g)
The provisions
of this
section shall be effective
upon
implementation of the
21 amendments and new payment methodology
pursuant to this section and § 40-8-13.3, which shall
22 in any event be no later than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-
23 19-14, 27-19-15, and 27-19-16 shall be repealed in their entirety.
24 40-8-19. Rates of payment to nursing facilities. -- (a) Rate reform. (1) The rates to be
25 paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to
26 participate in
the Title
XIX
Medicaid program for
services rendered
to Medicaid-eligible
27 residents, shall be reasonable and adequate to
meet the
costs
which must
be
incurred
by
28 efficiently and economically operated facilities in accordance with 42 U.S.C. § 1396a(a)(13). The
29 executive office of health and human services
shall promulgate or modify the principles of
30 reimbursement
for
nursing
facilities
in effect
as
of July 1, 2011 to
be
consistent with the
31 provisions
of
this section
and Title XIX,
42 U.S.C. § 1396 et seq., of the Social Security Act.
32 (2) The executive office of health and human services ("Executive Office") shall review
33 the current methodology for providing Medicaid payments to nursing facilities, including other
34 long-term care services providers, and is authorized to modify the principles of reimbursement to
1 replace the current cost based methodology rates with rates based on a price based methodology
2 to be paid to all facilities with recognition of the acuity of patients and the relative Medicaid
3 occupancy,
and to include
the following elements to be developed by the
executive office:
4 (i) A direct care rate adjusted for resident acuity;
5 (ii) An indirect care
rate comprised
of a base per diem for all facilities;
6 (iii) A rearray of costs for all facilities every three (3) years beginning October, 2015,
7 which
may
or may not result in automatic per diem revisions;
8 (iv) Application of a fair rental value system;
9 (v) Application of a pass-through system; and
10 (vi) Adjustment of rates by the change in a recognized national nursing home inflation
11 index to be applied on October 1st of each year, beginning October 1, 2012. This adjustment will
12 not occur on October 1, 2013, but will resume on
October 1, 2014 April 1, 2015. Said inflation
13 index shall be applied
without regard for the transition factor in subsection (b)(2) below.
14 (b) Transition to full implementation of rate reform. For no less than four (4) years after
15 the initial application of the price-based methodology described in subdivision (a) (2) to payment
16 rates, the executive office of health and human
services shall implement a transition plan to
17 moderate the impact of the rate reform on individual nursing facilities. Said transition shall
18 include the following components:
19 (1) No nursing facility shall receive reimbursement for direct care costs that is less than
20 the rate of reimbursement for direct care costs received under the methodology in effect at the
21 time
of passage
of this act; and
22 (2) No facility shall lose or gain more than five dollars ($5.00) in its total per diem rate
23 the first year of the transition. The adjustment to the per diem loss or gain may be phased out by
24 twenty-five percent (25%) each year; and
25 (3) The transition plan and/or period may be
modified upon full implementation of
26 facility per diem rate increases for quality of care related measures. Said modifications shall be
27 submitted in a report to
the general assembly at least six
(6)
months prior to implementation.
28 SECTION 2. Chapter 40-8 of the General Laws entitled "Medical Assistance" is hereby
29 amended by
adding thereto the following section:
30 40-8-31. Payments to out of state facilities. --
The office of health and human services
31 shall require that any payment
to an
out of state provider from whom a
Medicaid eligible
32 individual receives services must be a facility
that
applies for and is approved to participate in the
33 Rhode Island Medicaid program. This change may require the adoption of new or amended rules,
34 regulations and procedures.
1 SECTION
3. The
Rhode Island Medicaid Reform Act of 2008.
2 WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled "The Rhode
3 Island
Medicaid Reform Act of 2008";
and
4 WHEREAS, a Joint Resolution is required pursuant to Rhode Island General Laws § 42-
5 12.4-1, et seq.; and
6 WHEREAS,
Rhode Island General
Law
§
42-12.4-7
provides that any change that
7 requires the implementation of a rule or regulation or modification of a rule or regulation in
8 existence prior to the implementation of the global consumer choice section 1115 demonstration
9 ("the demonstration") shall require prior approval of the general assembly; and further provides
10 that any category II change or category III change as defined in the demonstration shall also
11 require prior approval by the general assembly; and
12 WHEREAS, Rhode Island General Law § 42-7.2-5 provides that the Secretary of the
13 Office of Health and Human Services is responsible for the "review and coordination of any
14 Global Consumer Choice Compact Waiver requests and renewals as well as any initiatives and
15 proposals requiring amendments to the Medicaid state plan or category II or III changes as
16 described in the demonstration, with "the potential to affect the scope, amount, or duration of
17 publicly-funded health care services, provider payments or reimbursements, or access to or the
18 availability of benefits and services
provided by Rhode Island
general and public laws"; and
19 WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
20 fiscally sound and sustainable, the Secretary requests general assembly approval of the following
21 proposals to amend
the demonstration:
22 (a) Nursing Facility Payment Rates – Delay Rate Increase. The Medicaid single state
23 agency proposes to delay the projected nursing facility rate increase that would otherwise take
24 effect on October 1, 2014 to April 1, 2015. A category II change is required to implement this
25 proposal under the terms and conditions of the demonstration. Further, this change may also
26 require the
adoption of
new or amended rules,
regulations
and
procedures.
27 (b) Medicaid Hospital Payments – Eliminate Rate Increases for Hospital Inpatient and
28 Outpatient
Payments. The
Medicaid
single
state
agency proposes to
reduce inpatient and
29 outpatient hospital payments by
eliminating the
projected rate increase for both managed care and
30 fee-for-service for state fiscal year 2015. A category II change is required to implement this
31 proposal under the
terms and conditions of the
Section 1115
waiver demonstration.
32 (c) Medicaid Manage Care Payments- Reduction. The Medicaid agency seeks to reduce
33 the projected growth in
capitation payments
to managed care
organizations for
SFY 2015.
34 Implementation of this reduction requires a Category II change under the terms and conditions of
1 the Medicaid demonstration to assure payment rates remain actuarially sound as is required by
2 federal laws
and
regulation.
3 (d) Community
First Choice
(1915k) Option –
Increase Federal Reimbursement for
4 Home and Community-Based Alternatives.
The
Medicaid
Agency
proposed to
pursue the
5 Community
First Choice (CFC)
Medicaid
State
Plan option as part
of ongoing reforms to
6 promote home and community-based alternatives to institutionally-based long-term services and
7 supports.
Implementation of the
CFC option
requires
approval
of
a
Medicaid State Plan
8 Amendments and may
require changes to the demonstration. New and amended rules, regulations
9 and procedures
may
also be necessary related to these program changes.
10 (e) Qualified Health Plan (QHP) Coverage for Medicaid-eligible Pregnant and Post-
11 Partum Women – Promote QHP Coverage. With the implementation of health care reform in
12 Rhode Island, many pregnant women with income from 133 to 250 percent of the federal poverty
13 level (FPL) will have access to coverage through a commercial plan. This initiative proposes to
14 support enrollment/retention of coverage in these commercial plans by providing: 1) a RIte
15 Share-like premium subsidy to assist in paying for the out-of-pocket costs in a commercial plan;
16 and 2) wraparound coverage
for services
available if
covered through
Medicaid.
Such an
17 arrangement would result in a net savings to the Medicaid program. Implementation of this
18 initiative requires Section 1115 waiver authority and may necessitate changes to EOHHS' rules,
19 regulations
and
procedures.
20 (f) Approved Authorities: Section 1115 Waiver Demonstration Extension. The Medicaid
21 agency proposes to implement authorities approved under the Section 1115 waiver demonstration
22 extension request – formerly known as the Global Consumer Choice Waiver – that (1) continue
23 efforts
to re-balance
the
system
of
long term services
and
supports by assisting people
in
24 obtaining care in the most appropriate and least restrictive setting; (2) pursue utilization of care
25 management models that offer a "health home",
promote access to preventive care, and provide
26 an integrated
system
of
services; (3)
use payments
and
purchasing to
finance and
support
27 Medicaid initiatives that fill gaps in the integrated system of care; and (4) recognize and assure
28 access to the non-medical services and supports, such as peer navigation and employment and
29 housing stabilization services, that are essential for optimizing a person's health, wellness and
30 safety and
reduce or delay the need
for long term services and
supports.
31 (g) Medicaid Requirements and Opportunities under the U.S. Patient Protection and
32 Affordable Care
Act of
2010
(PPACA).
The Medicaid agency
proposes to
pursue any
33 requirements and/or opportunities established under the PPACA that may warrant a Medicaid
34 State Plan Amendment, category II or III change under
the terms and conditions of Rhode
1 Island's Section 1115 Waiver, its successor, or any extension thereof. Any such actions the
2 Medicaid agency takes shall not have an adverse impact on beneficiaries or cause there to be an
3 increase in
expenditures
beyond the amount
appropriated for state fiscal
year 2015; now,
4 therefore, be
it
5 RESOLVED, that the general assembly hereby approves proposals (a) through (g) listed
6 above to
amend the Section 1115
demonstration
waiver; and
be it further
7 RESOLVED, that the secretary of the office of health and human services is authorized
8 to pursue and implement any waiver amendments, category II or category III changes, state plan
9 amendments and/or changes to the applicable department's rules, regulations and procedures
10 approved
herein
and as authorized
by § 42-12.4-7.
11 SECTION 4. Katie Beckett State Plan Option. The Katie Beckett State Plan Option
12 allows children who need an institutional level of care to obtain Medicaid coverage for the care
13 they receive at home. Children eligible under this option typically have family income and
14 resources that exceed Medicaid eligibility limits; though the Katie Beckett option enables these
15 children to obtain Medicaid coverage by excluding their parents' family income and resources
16 when determining Medicaid eligibility. At present, the families of Katie Beckett children are not
17 required to contribute to the cost of Medicaid-funded care, irrespective of income. The office of
18 health and human services shall collect annual tax and any other financial information it deems
19 appropriate from the family of a child applying for, or currently receiving, services through the
20 Katie Beckett State Plan Option. The information shall not affect a child's eligibility for the
21 services.
22 SECTION 5. A pool is hereby established of up to $1.5 million to support Medicaid
23 Graduate Education funding for Academic Medical Centers with level I Trauma Centers who
24 provide care to the state's critically ill and indigent populations. The office of Health and Human
25 Services shall utilize this pool to provide up to $3 million per year in additional Medicaid
26 payments
to support Graduate Medical Education
programs
to hospitals meeting
all of
the
27 following criteria:
28 (a) Hospital must have a minimum of 25,000 inpatient discharges per year for all patients
29 regardless of coverage.
30 (b) Hospital must be
designated as Level I Trauma
Center.
31 (c) Hospital must provide graduate medical education training for at least 250 interns and
32 residents per year.
33 The Secretary of the Executive Office of Health and Human Services shall determine the
34 appropriate Medicaid payment mechanism to implement this program and amend any state plan
1 documents
required to implement the payments.
2 Payments
for Graduate
Medical Education programs shall be
effective July 1, 2014.
3 SECTION 6. Title 40 of the General Laws entitled "HUMAN SERVICES"
is hereby
4 amended by
adding thereto the following chapter:
5 CHAPTER 8.13
6 LONG-TERM
MANAGED CARE
ARRANGEMENTS
7 40-8.13-1. Definitions. -- For purposes of this section the following terms shall have the
8 meanings indicated:
9 (1) "Beneficiary'' means an individual who is eligible for medical assistance under the
10 Rhode Island Medicaid state plan established in accordance with 42 U.S.C. 1396, and includes
11 individuals who are additionally eligible for benefits under the Medicare program (42 U.S.C.
12 1395 et seq.) or other health
plan.
13 (2) "Duals Demonstration Project'' means a demonstration project established pursuant to
14 the financial alignment demonstration established under section 2602 of the Patient Protection
15 and Affordable Care Act (Pub. L. 111-148), involving a three-way contract between Rhode
16 Island, the Federal Centers for Medicare and Medicaid Services ("CMS") and qualified health
17 plans, and covering health care services provided to beneficiaries.
18 (3) "EOHHS" means the Rhode
Island
executive
office
of health and human services.
19 (4) "EOHHS level of care tool" refers to a set of criteria established by EOHHS and used
20 in January, 2014 to determine the long-term care needs of a beneficiary as well as the appropriate
21 setting for delivery of
that care.
22 (5) Long-term care services and supports" means a spectrum of services covered by the
23 Rhode Island Medicaid program and/or the Medicare program, that are required by individuals
24 with functional impairments and/or chronic illness, and includes skilled or custodial nursing
25 facility care,
as well as various
home and community-based services.
26 (6) "Managed long-term
care arrangement'' means
any
arrangement under which a
27 managed care organization is
granted
some or all of the responsibility for providing and/or paying
28 for long-term care services and supports that would otherwise be provided or paid under the
29 Rhode Island Medicaid program. The term includes, but is not limited to, a duals demonstration
30 project, and/or phase I and phase II of the integrated care initiative established by the executive
31 office of health and
human services.
32 (7) "Managed care organization" means any health plan, health maintenance
33 organization, managed care
plan, or other person or entity that enters
into
a contract with
the
state
34 under which it is granted the authority to arrange for the provision of, and/or payment for, long-
1 term care supports
and
services
to eligible
beneficiaries under
a
managed
long-term care
2 arrangement.
3 (8) "Plan of care"
means a care plan established by a nursing facility in accordance with
4 state and
federal regulations,
and
which identifies specific
care
and
services provided
to a
5 beneficiary.
6 40-8.13-2. Beneficiary choice. -- Any managed long-term care arrangement shall offer
7 beneficiaries the option to decline participation and remain in traditional Medicaid and, if a duals
8 demonstration project,
traditional Medicare.
Beneficiaries
must be provided with sufficient
9 information to
make
an informed choice regarding enrollment, including:
10 (1) Any changes in the beneficiary's payment or other financial obligations with respect
11 to long-term care
services
and supports as a result of enrollment;
12 (2) Any changes in
the nature of the long-term care services and
supports available
to the
13 beneficiary as a result of enrollment, including specific descriptions of new services that will be
14 available
or
existing services that will be curtailed
or terminated;
15 (3) A contact person
who can assist the beneficiary
in making
decisions about
16 enrollment;
17 (4) Individualized
information regarding whether the
managed
care
organization's
18 network includes the health care providers with whom beneficiaries have established provider
19 relationships. Directing beneficiaries to a website
identifying the
plan's provider network shall not
20 be sufficient to satisfy this requirement; and
21 (5) The deadline by which the beneficiary must make a choice regarding enrollment, and
22 the length of time a beneficiary must remain enrolled in a managed care organization before
23 being permitted to change plans or opt out of the
arrangement.
24 40-8.13-3.
Ombudsman process.
--
EOHHS
shall
designate
an
ombudsperson to
25 advocate for beneficiaries enrolled in a managed long-term care arrangement. The ombudsperson
26 shall advocate
for beneficiaries through complaint and
appeal processes and ensure that necessary
27 health care services are provided. At the time of enrollment, a managed care organization must
28 inform enrollees of the availability of
the ombudsperson,
including contact information.
29 40-8.13-4. Provider/plan liaison. -- EOHHS shall designate an individual, not employed
30 by or otherwise under contract with a participating managed care organization, who shall act as
31 liaison between
health care providers
and managed care
organizations, for the
purpose
of
32 facilitating communications and
assuring that issues and concerns
are promptly addressed.
33 40-8.13-5.
Financial
savings
under managed care.
--
To the
extent that financial
34 savings are
a
goal under any managed
long-term care
arrangement,
it is
the
intent of the
1 legislature to achieve such savings through administrative efficiencies, care coordination, and
2 improvements in care outcomes, rather than through reduced reimbursement rates to providers.
3 Therefore, any managed long-term
care arrangement shall include a requirement
that
the
4 managed care organization reimburse providers for services
in
accordance with the following:
5 (1) For a
duals
demonstration project, the managed care
organization:
6 (i) Shall not combine the rates of payment for post-acute skilled and rehabilitation care
7 provided by a nursing facility and long-term and chronic care provided by a nursing facility in
8 order to establish a single payment rate for dual eligible beneficiaries requiring skilled nursing
9 services;
10 (ii) Shall pay nursing facilities providing post-acute skilled and rehabilitation care or
11 long-term and chronic care rates that reflect the different level of services and intensity required
12 to provide
these services; and
13 (2) For a managed long-term care arrangement that is not a duals demonstration project,
14 the managed care organization shall reimburse providers in an amount not less than the rate that
15 would be paid
for the
same
care
by EOHHS under
the Medicaid program.
16 40-8.13-6.
Payment incentives. -- In order
to encourage
quality improvement
and
17 promote appropriate utilization
incentives for providers in a
managed long-term care
18 arrangement, a managed care organization may use incentive or bonus payment programs that are
19 in addition to the rates identified
in
§ 40-18.13-5.
20 40-8.13-7. Willing provider. --
A managed care organization must contract with and
21 cover services furnished by any nursing facility licensed under chapter 17 of title 23 and certified
22 by CMS that
provides Medicaid-covered nursing
facility services pursuant to
a
provider
23 agreement with the state, provided that the nursing facility is not disqualified under the managed
24 care organization's quality standards that are applicable to all nursing facilities; and the nursing
25 facility is willing to accept the reimbursement rates described in § 40-18.13-5.
26 40-8.13-8. Level of care tool. -- A managed long-term care arrangement must require
27 that all participating managed care organizations use only the EOHHS level of care tool in
28 determining coverage of long-term care supports and services for beneficiaries. EOHHS may
29 amend the level of care tool provided that any changes are established in consultation
with
30 beneficiaries and providers of Medicaid-covered long-term care supports and services, and are
31 based upon reasonable medical evidence or consensus, in consideration of the specific needs of
32 Rhode Island beneficiaries. Notwithstanding any other provisions herein, however, in the case of
33 a duals demonstration project, a managed care organization may use a different level of care tool
34 for determining coverage of services that would otherwise be covered by Medicare, since the
1 criteria established by EOHHS are directed towards Medicaid-covered services; provided, that
2 such level of care tool is based on reasonable medical evidence or consensus in consideration of
3 the specific
needs of Rhode
Island beneficiaries.
4 40-8.13-9. Case management/plan of care. -- No managed care organization acting
5 under a managed long-term care arrangement may require a provider to change a plan of care if
6 the provider
reasonably
believes that
such an action would conflict
with
the provider's
7 responsibility to develop
an appropriate care plan under state
and federal regulations.
8 40-8.13-10.
Care
transitions. --
In the event that a beneficiary:
9 (1) Has been determined to meet level of care requirements for nursing facility coverage
10 as of the date
of
his or her enrollment in a managed care organization; or
11 (2) Has been determined to meet level of care requirements for nursing facility coverage
12 by a managed care organization after enrollment; and there is a change in condition whereby the
13 managed care organization determines that the beneficiary no longer meets such level of care
14 requirements, the nursing facility shall promptly arrange for an appropriate and safe discharge
15 (with the assistance of the managed care organization if the facility requests it), and the managed
16 care organization shall continue to pay for the beneficiary's nursing facility care at the same rate
17 until the
beneficiary is discharged.
18 40-8.13-11. Reporting requirements. --
EOHHS shall report to the general assembly
19 and shall make available to interested persons a separate accounting of state expenditures for
20 long-term care
supports and services
under any managed long-term care
arrangement, specifically
21 and separately identifying expenditures for home and community-based services, assisted living
22 services, hospice services within nursing facilities, hospice services outside of nursing facilities,
23 and nursing facility services. Such reports shall be made twice annually, six (6) months apart,
24 beginning six
(6)
months
following the
implementation of
any
managed
long-term care
25 arrangement, and shall include a detailed report of utilization of each such service. In order to
26 facilitate such reporting, any managed long-term care arrangement shall include a requirement
27 that a participating managed care organization make timely reports of the data necessary to
28 compile such
reports.
29 SECTION
7. This article shall take effect upon
passage.
1 ARTICLE 19
=======
art.019/2/027/3/027/2/027/1
=======
2 RELATING TO MEDICAL
ASSISTANCE RECOVERIES
3 SECTION 1. Chapter 34-4 of the General Laws entitled "Estates in Real Property" is
4 hereby amended by
adding thereto the following section:
5 34-4-2.1. Reservation of Life Estate with enhanced powers. -- A grantor may convey
6 title to real estate and reserve a life estate therein, coupled with the reserved power and authority,
7 during his or her lifetime, to sell, convey, mortgage, or otherwise dispose of the real property
8 without the
consent or
joinder
by
the
holder(s)
of
the remainder
interest. A duly-executed
9 conveyance by the life tenant exercising such reserved powers shall, upon recording, vest good
10 title to the interest conveyed in the grantee thereof, free and clear of any
right, title and interest of
11 the holder(s) of the remainder interest without the necessity of any additional conveyance by any
12 such holder(s) of the
remainder interest.
13 SECTION
2. Section 40-6-9 of the
General Laws
in Chapter
40-6
entitled
"Public
14 Assistance Act" is
hereby amended to
read
as follows:
15 40-6-9. Assignment and subrogation for recovery of
child, spousal and medical
16 support rights. -- (a) An applicant for or recipient of public assistance under this chapter or
17 under title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., for and on behalf of
18 himself or herself and for and on behalf of a child or children, shall be deemed, without the
19 necessity of signing any document for purposes of recovery, to have made an assignment and
20 given a right of subrogation to the executive office of health and human services and/or the
21 department of human services, as applicable, of any and all rights and interests in any cause of
22 action, past, present, or future, that the applicant or recipient may have against any person failing
23 to or obligated to provide for the support, maintenance,
and medical care of the applicant,
24 recipient, and/or minor child or children,
for
the period of time that assistance is
being paid by the
25 executive office of health and human services and/or the department. The executive office of
26 health and human services and/or the department shall be subrogated to any and all rights, title,
27 and interest the applicant or recipient may have against any and all property belonging to the
28 obligated or non-supporting person in the enforcement of any claim for child, spousal, and
29 medical support, whether liquidated through court order or not. The applicant or recipient shall
30 also be deemed, without the necessity of signing any document, to have appointed the executive
1 office of health and human services and/or the department of human services as his or her true
2 and lawful attorney in
fact
to act in his or her name,
place,
and stead to perform the
specific act of
3 instituting suit to establish paternity or secure support and medical care, collecting any and all
4 amounts due and owing for child, spousal, and medical support, endorsing any and all drafts,
5 checks, money orders, or other negotiable instruments representing support payments which are
6 received by executive office of health and human services and/or the department, and retaining
7 any portion thereof permitted under federal and state statutes as reimbursement for financial, and
8 medical
and any other assistance
previously paid to or for the recipient, child, or children.
9 (b) An applicant for or a recipient of medical assistance provided by executive office of
10 health and human services and/or the department pursuant to this chapter or chapter 8 of this title
11 or title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., for and on behalf of
12 himself or herself, and for and on behalf of any other person for whom he or she may legally
13 assign rights to any medical support or any other medical care, shall be deemed, without the
14 necessity of signing any document for purposes of reimbursement, to have made an assignment
15 and given a right of subrogation to executive office of health and human services and/or the
16 department of human services of any and all rights and interests that he, she, or such other person
17 may have: (1) to payment for any medical support; and (2) to any payment for any medical care
18 from any third party
that has
a legal liability to
pay
for care and services available and provided to
19 the applicant or
recipient. The executive office
of
health
and human
services and/or
the
20 department of human services shall, in accordance with this section and all applicable state and
21 federal laws, be entitled to any payments by a third party to recover costs from the full amount of
22 an applicant's or recipient's liability settlement(s). For this purpose, the executive office of health
23 and human services may place
a lien against an applicant's or recipient's liability settlement(s).
24 (c) In addition to the assignments and subrogation rights provided in subsections (a) and
25 (b) of this section, an applicant for or a recipient of financial assistance provided by the executive
26 office of health and human services and/or department pursuant to this chapter, whenever the
27 assistance is necessary by reason of accident, injury, or illness for which a third party may be
28 liable, for and
on behalf of himself or herself,
and for and on behalf of any other person for whom
29 he or she may legally act, shall be deemed, without the necessity of signing any document, to
30 have assigned and subrogated to the executive office of health and human services and/or the
31 department of human services, from amounts recovered or recoverable from any third party, an
32 amount of money equal to the amount of financial assistance provided as a result of the accident,
33 illness,
or
injury.
34 (d) With respect to an assignment and subrogation rights established pursuant to this
1 section, an applicant or recipient shall provide to the executive office of health and human
2 services and/or the department of human services all relevant information regarding the assigned
3 and subrogated rights, and shall execute any documents relating thereto, in accordance with rules
4 and regulations to be adopted by the executive office of health and human services and/or the
5 department.
6 (e) With respect
to any assignment and
subrogation
rights
for medical
or financial
7 support or other recoveries under this section, the executive office of health and human services
8 and/or the department of human services shall be considered to have acquired the rights of such
9 individual to payment by any third party for such medical care and support,
and financial support
10 and other recoveries.
11 (f) An applicant for or a recipient of medical assistance provided by the executive office
12 of health and
human services in accordance with chapter 40-8
shall also be subject to the
13 provisions of chapter 27-57.1. Funds available to be paid for the payment of child support shall
14 supersede
any payment made pursuant to
this chapter and
chapter 27-57.1.
15 (g) The executive office of health and human services and/or the department of human
16 services shall, in accordance with
this section and all applicable state and federal laws, be entitled
17 to any payments by a third party to recover costs from the full amount of an applicant's or
18 recipient's liability settlement(s). For this purpose, the executive office of health and human
19 services may place a lien against an applicant's or recipient's liability settlement(s). Nothing in
20 these sections shall limit the executive office of health and human services and/or the department
21 of human services
from
recovery, to the
extent of the distribution, in
accordance with
all
state and
22 federal laws.
23 SECTION 3. Chapter 40-8 of the General Laws entitled "Medical Assistance" is hereby
24 amended by
adding thereto the following section:
25 40-8-3.1. Life estate in property-retained powers. – When an applicant or recipient of
26 Medicaid owns a life estate in property that is his or her principal place of residence with the
27 reserved power and authority, during his or her lifetime, to sell, convey, mortgage, or otherwise
28 dispose of the real property without the consent or joinder by the holder(s) of the remainder
29 interest, said principal place of residence shall not be regarded as an excluded resource for the
30 purpose of Medicaid
eligibility, unless the applicant or recipient individually or through
his or her
31 guardian, conservator or attorney in fact, conveys all outstanding remainder interest to him or
32 herself.
33 An applicant or recipient who, by a deed created, executed and recorded on or before
34 June 30, 2014, has reserved a life estate in property that is his or her principal place of residence
1 with the reserved power and authority, during his or her lifetime, to sell, convey, mortgage, or
2 otherwise dispose of the real property without the consent or joinder by the holder(s) of the
3 remainder interest, shall not be ineligible for Medicaid on the basis of such deed, regardless of
4 whether the transferee
of such remainder interest is a person or persons, trust or entity.
5 SECTION 4. Section
2 of this article
shall take effect
as of October 1, 2016. The
6 remainder of this
article
shall take
effect upon passage.
7
1 ARTICLE 20
=======
art.020/4/020/3/020/2/020/1
=======
2 RELATING TO BOARD OF
EDUCATION
3 SECTION
1. Board of Education Organizational Structure.
4 WHEREAS, Pursuant to Rhode Island Public Law 2012, Chapter 241, Article 4, Section
5 3 enacted by the General Assembly, the Rhode Island Board of Education was established, "…to
6 modernize
the manner in
which education
shall be governed for future generations"; and
7 WHEREAS, The Rhode Island Board of Education was
charged
by
the General
8 Assembly to "…establish a plan for distributing the assets, responsibilities, powers, authorities,
9 and duties of the office of higher education to the three (3) higher education institutions and
10 appropriate state
agencies"; and,
11 WHEREAS, The Board is responsible for submitting a permanent governance structure
12 to the General
Assembly
for
consideration that
at a minimum would:
"…(1)
Provide clear
13 guidance on statutory,
legal, financial and contractual obligations; (2)
Establish
a
policy
14 framework that furthers the goals of this chapter; and (3) Establish appropriate administrative
15 structures,
support,
policies and
procedures.";
now, therefore, be
it
16 RESOLVED,
That
the Rhode
Island
Board
of Education recommends the
General
17 Assembly enact a new governance structure to effectuate the permanent establishment of the
18 Board of Education in order to achieve the goals articulated by the preamble of Rhode Island
19 Public Law
2012, Chapter 241, Article 4, Section 3.
20 SECTION 2. Chapter 16-32 of the General Laws entitled "University of Rhode Island" is
21 hereby amended by
adding thereto the following section:
22 16-32-2.1. Additional powers of the President of the University.-- In addition to any
23 powers granted to the president of the University of Rhode Island by law or regulation, and
24 consistent with shared governance practices, in conformity with § 16-32-10, the president shall
25 have the following additional powers and duties:
26 (a) To create, and consolidate departments, divisions, programs, and courses of study
27 within the university with the assistance of the commissioner of postsecondary education within
28 the approved role and scope adopted by the council on postsecondary education pursuant to § 16-
29 59-4. Any new or proposed eliminations of departments, divisions, programs or courses of study
30 that are outside the role and scope approved by the council shall require the review and approval
1 of the council on postsecondary education.
2 (b) To adopt a budget for the university and submit it to the council on postsecondary
3 education for approval.
4 (c) To be responsible for the
general management of property of the
university.
5 (d) To recommend to the council on postsecondary education, after consultation with the
6 commissioner of postsecondary education, tables of organization for the university.
7 (e) To submit to the office of postsecondary commissioner and to compile and analyze
8 the following information for presentation to the council on postsecondary education and the
9 board of education annually by May 1st the
following:
10 (1) A detailed departmental breakdown of all faculty
members employed at the university
11 by rank (including
all
professors, associate
professors, assistant professors, lecturers,
and
12 instructors) and tenure (tenured and non-tenured, and other) and by race (African American,
13 Hispanic, Native
American, and
Asian) and gender.
14 (2) A detailed report on current student enrollments for each class at the university by
15 race and gender, by academic department, and by outreach program (e.g. talent development),
16 guaranteed admissions program, and the current levels of funding and staff support for each of
17 these programs.
18 (3) A report on the current status of the African and Afro-American studies programs at
19 the university and a five (5) year budgetary history of the programs along with projections for
20 budgetary support for the next two (2) years.
21 (4) A plan for recruitment of African American and Hispanic faculty into tenure track
22 positions at the university with specific reference to and planned involvement with the New
23 England higher education's minority faculty recruitment and
development plan.
24 (5) Copies of the report shall be furnished to the council of postsecondary education and
25 the board of education.
26 SECTION 3. Chapter 16-33 of the General Laws entitled "Rhode Island College" is
27 hereby amended by
adding thereto the following section:
28 16-33-2.1. Additional powers of the President of the College. -- In addition to any
29 powers granted to
the
president of Rhode Island College by law or regulation, and consistent with
30 shared governance practices, in conformity with § 16-33-6, the president shall have the following
31 additional powers
and
duties:
32 (a) To create and consolidate departments, divisions, programs, and courses of study
33 within the college with the assistance of the commissioner of postsecondary education within the
34 approved role and scope adopted by the council on postsecondary education pursuant to § 16-59-
1 4. Any new or proposed eliminations of departments, divisions, programs or courses of study that
2 are outside the role and scope approved by the council shall require the review and approval of
3 the council on postsecondary education.
4 (b) To adopt a budget for the college and submit it to the council for postsecondary
5 education for approval.
6 (c) To be responsible for the
general management of property of the
college.
7 (d) To recommend to the council on postsecondary education, after consultation with the
8 commissioner of postsecondary, education tables of organization for the college.
9 (e) To submit to the office of postsecondary commissioner and to compile and analyze
10 the following information for presentation to the council for postsecondary education and the
11 board of education annually by May 1st the
following:
12 (1) A detailed departmental breakdown of all faculty members employed at the college
13 by rank (including
all
professors, associate
professors, assistant professors, lecturers,
and
14 instructors) and tenure (tenured and non-tenured, and other) and by race (African American,
15 Hispanic, Native
American, and
Asian) and gender.
16 (2) A detailed report on current student enrollments for each class at the college by race
17 and gender, by academic
department,
and
by
outreach
program (e.g. talent
development),
18 guaranteed admissions program, and the current levels of funding and staff support for each of
19 these programs.
20 (3) A report on the current status of the African and Afro-American studies programs at
21 the college and a five (5) year budgetary history of the programs along with projections for
22 budgetary support for the next two (2) years.
23 (4) A plan for recruitment of African American and Hispanic faculty into tenure track
24 positions at each the college with specific reference to and planned involvement with the New
25 England higher education's minority faculty recruitment and
development plan.
26 (5) Copies of the report shall be furnished to the council of postsecondary education and
27 the board of education.
28 SECTION 4. Chapter 16-33.1 of the General Laws entitled "Community College of
29 Rhode Island" is
hereby amended
by adding thereto the following section:
30 16-33.1-2.1 Additional powers of the President of the College. --
In addition to any
31 powers granted to the president of the Community College of Rhode Island by law or regulation,
32 and consistent with shared governance practices, in conformity with § 16-33.1-3, the president
33 shall have
the
following additional powers and duties:
34 (a) To create and consolidate departments, divisions, programs, and courses of study
1 within the college with the assistance of the commissioner of postsecondary education within the
2 approved role and scope adopted by the council on postsecondary education pursuant to § 16-59-
3 4. Any new or proposed eliminations of departments, divisions, programs or courses of study that
4 are outside the role and scope approved by the council shall require the review and approval of
5 the council on postsecondary education.
6 (b) To adopt a budget for the college and submit it to the council on postsecondary
7 education for approval.
8 (c) To be responsible for the
general management of property of the
college.
9 (d) To recommend to the council on postsecondary education, after consultation with the
10 commissioner of postsecondary education, tables of organization for the college.
11 (e) To submit to the office of postsecondary commissioner and to compile and analyze
12 the following information for presentation to the council on postsecondary education and the
13 board of education annually by May 1st the
following:
14 (1) A detailed departmental breakdown of all faculty members employed at the college
15 by rank (including
all
professors, associate
professors, assistant
professors,
lecturers, and
16 instructors) and tenure (tenured and non-tenured, and other) and by race (African American,
17 Hispanic, Native
American, and
Asian) and gender.
18 (2) A detailed report on current student enrollments for each class at the college by race
19 and gender, by academic
department,
and
by
outreach
program (e.g. talent
development),
20 guaranteed admissions program, and the current levels of funding and staff support for each of
21 these programs.
22 (3) A report on the current status of the African and Afro-American studies programs at
23 the college and a five (5) year budgetary history of the programs along with projections for
24 budgetary support for the next two (2) years.
25 (4) A plan for recruitment of African American and Hispanic faculty into tenure track
26 positions at the college with specific
reference to and
planned
involvement with
the
New England
27 higher education's minority faculty recruitment and
development plan.
28 (5) Copies of the report shall be furnished to the council on postsecondary education and
29 the board of education.
30 SECTION
5. Sections 16-59-1,
16-59-2,
16-59-4,
16-59-6,
16-59-7.1,
16-59-9
and 16-59-
31 22 of the General Laws in Chapter 16-59 entitled "Board of Governors for Higher Education" are
32 hereby amended
to read as follows:
1 council
on postsecondary education,
sometimes referred to as
the
"board" or the
"board of
2 governors" "council", which shall be and is constituted a public corporation, empowered to sue
3 and be sued in its own name,
to have a corporate seal, and to exercise all the powers, in addition
4 to those
specifically enumerated
in this chapter, usually appertaining to public
corporations
5 entrusted with control of postsecondary educational institutions and functions.
The board shall be
6 protected from sudden changes in membership and reversal of policy by having staggered terms
7 for its public members. Upon its organization the board of governors council shall be invested
8 with the legal title (in trust for the state) to all property, real and personal, now owned by and/or
9 under the control or in custody of the board of regents for education for the use of the University
10 of Rhode Island, Rhode Island College, Community College of Rhode Island and the system of
11 community colleges of Rhode Island including all departments, divisions, and branches
of
these.
12 (b) The board of governors council is empowered to
hold
and operate the property in trust
13 for the state; to acquire, hold, and dispose of the property and other like property as deemed
14 necessary for the execution of its corporate purposes. The board of governors council is made
15 successor to all powers, rights, duties, and privileges formerly belonging to the board of regents
16 for education pertaining to
postsecondary education and the board of
governors
for higher
17 education.
18 (c) The board of governors shall consist of thirteen (13) members as follows: twelve (12)
19 public members, appointed pursuant to the terms of § 16-59-2, one of whom shall be a full time
20 student in
good standing at the
University
of
Rhode
Island,
Rhode Island College
or
the
21 Community College of Rhode Island, and a member of the board of regents for elementary and
22 secondary education
designated by the
governor.
23 (d) The public members of the board of governors shall not be compensated for their
24 service in attending meetings or duly organized
subcommittee meetings of the
board.
25 (e) The governor shall designate one of the public members as chairperson of the board
26 of governors. The board may elect from among its members such other officers as it deems
27 necessary. Seven (7) voting members of the board shall constitute a quorum and a majority vote
28 of those present and
voting shall be required for action.
29 (c) The council shall be the employer of record for higher education and the office of
30 postsecondary education. It shall retain all authority formerly vested in the board of education
31 regarding the employment of faculty and staff at the public
higher education institutions.
1 establish the board establish the council for postsecondary education by appointing eleven (11)
2 seven (7) eight (8) members of the board of education established pursuant to chapter 16-97 to
3 serve in staggered terms. as members of the council, until the expiration of their term as a
4 member of the board of education and their successor is appointed. In addition the governor shall
5 appoint
one (1)
student
member who
shall
be
a full time
student
in good
standing at
the
6 University of Rhode Island, Rhode Island College or the Community College of Rhode Island
7 and who shall serve in a non-voting, ex-officio capacity for a single two (2) year term and shall
8 rotate among the three (3) public institutions. The governor shall appoint the chair of the council
9 on an annual basis from among the eight (8) voting council members. The chair of the board of
10 education shall serve on the
council in voting, ex-officio capacity. Five (5) voting members of the
11 council shall constitute a quorum and the vote of a majority of those present and voting shall be
12 required for action. The appointments shall be made for terms of three (3) years commencing on
13 February 1 in the year of the appointment and ending on January 31 in the third (3rd) year
14 thereafter, except in the case of the student member whose appointment shall be for a period of
15 two (2) years.
16 (b) At the expiration of their terms members shall remain and continue in their official
17 capacity until a new member
is appointed
and
confirmed. Any
vacancy among the
public
18 members of the board shall be filled by appointment of the governor for the remainder of the
19 unexpired term. In the selection and appointment of members of the board, the governor shall
20 seek persons who best serve the entire needs of the state. Public members shall not be appointed
21 for more
than three (3) successive three (3)
year
terms each;
provided,
however, that this
22 limitation shall not apply to that person designated as chairperson by the governor who may be a
23 member so long as he or she shall serve as chairperson. Student members shall be appointed by
24 the governor for a
single
two
(2)
year term and shall rotate among the three
(3) public institutions.
25 (c) No person shall be eligible for appointment to the
board after the effective date of this
26 act [March 24,
2006] unless
he or she is a
resident of this
state.
27 (d) Members of the board shall be removable by the governor pursuant to the provisions
28 of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal
29 reasons unrelated to capacity or fitness for the office shall be unlawful.
30 16-59-4.
Powers and duties of board the council on postsecondary education Powers
31 and duties of the council on postsecondary education. -- (a) The board of governors for higher
1 addressed to every level, aspect, and form of higher education in this state especially as that
2 information relates to current and future educational needs so that current needs may be met with
3 reasonable promptness and plans formulated to meet future needs as they arise in the most
4 efficient and economical manner possible.
5 (2) To
develop and approve a master strategic plan defining implementing broad goals
6 and objectives
for
higher education in
the state as established
by the
board
of education, including
7 a comprehensive capital development program.
These goals and objectives shall be expressed in
8 terms of what men and women should know and be able to do as a result of their educational
9 experience.
The
board
of governors shall continuously
evaluate
the efforts
and
results
of
10 education
in
the light of these objectives.
11 (3) To formulate broad policy to implement the goals and objectives established and
12 adopted by the board of governors education, to adopt standards and require enforcement and to
13 exercise general supervision over all higher public education in the state and over independent
14 higher education in the state as provided in subdivision (8)
and (9) of this section. The board of
15 governors education and the council shall not engage in the operation or administration of any
16 subordinate committee, university, junior college, or community college, except its own office of
17 higher postsecondary education and except as specifically authorized by an act of the general
18 assembly; provided,
the presidents of each
institution
of
higher
learning shall be the
chief
19 administrative and executive officers of that institution; and provided that nothing contained in
20 this section shall prohibit their direct access to or interfere with the relationship between the
21 presidents and the board of governors education and the council. The adoption and submittal of
22 the budget, the approval of tables of organization, the creation, abolishment, and consolidation of
23 departments, divisions, programs, and courses of study, and the acquisition, holding, disposition,
24 and general management of property shall not be construed to come within the purview of the
25 preceding
prohibition. The board shall communicate
with
and
seek the
advice
of
the
26 commissioner of higher education
and all those concerned with
and affected by
its determinations
27 as a regular procedure in
arriving at its conclusions and in
setting its
policy.
28 (4) To communicate with and seek the advice of the commissioner of postsecondary
29 education, the presidents of the public higher education institutions and all those concerned with
30 and affected by its determinations as a regular procedure in arriving at its conclusions and in
31 setting its policy.
1 the state budget officer in accordance with § 35-3-4 a state higher
educational education budget,
2 which shall include, but not be limited to, the budget of the office of higher postsecondary
3 education and the budget of the state colleges. In the preparation of the budget, the board council
4 shall
determine implement the priorities
established by the board of education of expenditures for
5 public higher education purposes of state revenues and other public resources made available for
6 the support of higher public education.
Prior to submitting the budget to the state budget officer
7 as required by the budget office instructions and this subsection, the council shall present the
8 budget to
the
board of education
for its
review and approval. Nothing contained
in this
9 subdivision shall authorize the board council to alter the allocation of grants or aid otherwise
10 provided by law.
11 (5)(6) To maintain an office of
higher education postsecondary commissioner; to provide
12 for its staffing and organization; and to appoint manage and oversee a commissioner of higher
13 postsecondary education pursuant to duties and responsibilities defined in § 16-59-6
and § 16-59-
14 7, who shall serve at its pleasure. The commissioner of
higher postsecondary education and the
15 office of
higher education postsecondary commissioner shall have the duties and responsibilities
16 as defined
in §§ 16-59-6
and 16-59-7.
17 (6)(7) To appoint and dismiss presidents of the public institutions of higher learning with
18 the assistance of the commissioner of
higher postsecondary education, and to
establish procedures
19 for this, and with the assistance of the commissioner to approve or disapprove vice presidents of
20 the public institutions of higher learning appointed by the respective presidents of the public
21 institutions of higher learning.
22 (7)(8) To establish other educational agencies or subcommittees necessary or desirable
23 for the conduct of any or all aspects of higher education and to determine all powers, functions,
24 and composition of any agencies or subcommittees and to dissolve them when their purpose shall
25 have been fulfilled.
26 (8)(9) To exercise the authority vested in the board of regents for education with relation
27 to independent higher educational institutions within the state under the terms of chapter 40 of
28 this
title, and other laws
affecting independent higher education in the state.
29 (9)(10) To enforce the provisions of all laws relating to higher education, public and
30 independent.
31 (10)(11) To be responsible for all the functions, powers, and duties which were vested in
32 the board of regents for education relating to higher education, including but not limited to the
1 of higher learning with the assistance of the commissioner of higher education postsecondary
2 education which shall include but not be limited to populations to be served, the type and level of
3 programs
and
academic fields offered.
4 (ii) To
adopt and require standard accounting procedures
for the office of
higher
5 education postsecondary commissioner and all public colleges and
universities.
6 (iii) To create, abolish, and consolidate departments, divisions, programs, and courses of
7 study within the public colleges and universities with the assistance of the commissioner of
8 higher education after consultation
with the
presidents.
9 (iv)(iii) To establish approve a clear and definitive mission for each public institution of
10 higher
learning with the assistance of
the commissioner
of higher education. postsecondary
11 education that is consistent with the role and scope
of programs
at
the public institutions.
12 (v)(iv) To promote maximum efficiency, economy, and cooperation in the delivery of
13 public higher educational services in the state and cooperation with independent institutions of
14 higher education.
15 (11)(12) To incorporate into its own affirmative action reporting process periodic reports
16 monitoring specific faculty and staff searches by the chairperson of the search committee to
17 include the rationale for granting those interviews and the final hiring results. The institutions
18 must empower
its their affirmative action officer to monitor searches in this manner, to intervene
19 during the search, and, when necessary, to cause a search to cease if affirmative action goals are
20 not being adequately served.
21 (12)(13) To incorporate a specific category for accountability on affirmative action goals
22 and implementation as part of the board's annual evaluations and three (3) year reviews for the
23 presidents of each
of
the public institutions
of
higher education.
24 (13)(14) To make a formal request of the governor that whenever an opportunity arises to
25 make new appointments to the board, that the governor make every effort to increase the number
26 of African
Americans, Native Americans, Asians, and Hispanics on
the board.
27 (14) Within ninety (90) days after the end of each fiscal year, the board shall submit an
28 annual report to the governor, the speaker of the house of representatives, and the president of the
29 senate of its activities during that fiscal year. The report shall provide: an operating statement
30 summarizing
meetings or hearings
held, subjects addressed,
decisions rendered, rules
or
31 regulations promulgated, studies conducted, policies and plans developed, approved, or modified,
32 and programs administered or initiated; a consolidated financial statement of all funds received
33 and expended including the source of the funds, a listing of any staff supported by these funds,
1 performance during
the previous fiscal
year including
accomplishments, shortcomings
and
2 remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the
3 authority of the board; a briefing on anticipated activities in the upcoming fiscal year; and
4 findings and recommendations for improvements. The director of
the department of
5 administration shall be
responsible for the enforcement of the
provisions
of
this subsection.
6 (15) The board shall conduct
a
training
course
for
newly
appointed and qualified
7 members within six (6) months of their qualification. The course shall be developed by the
8 chairperson of the board, approved by the board, and conducted by the chairperson of the board.
9 The board may approve the use of any board or staff members or other individuals to assist with
10 training. The training course shall include instruction in the following areas: the provisions of
11 chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of
12 administration shall, within ninety (90) days of the effective date of this act [March 24, 2006],
13 prepare
and disseminate training materials relating
to the provisions of chapters
42-46, 36-14, and
14 38-2.
15 (15) To develop coherent plans for the elimination of unnecessary duplication in public
16 higher education and addressing the future needs of public education within the state in the most
17 efficient and economical manner possible.
18 (16) To delegate
to the
presidents of each public higher education institution
the authority
19 and responsibility
for operational
and
management
decisions
related to
their institutions,
20 consistent with the goals of the statewide strategic plan for postsecondary education provided
21 however that the presidents may be required to provide information or updates to the council
22 regarding any delegated operational or management decisions.
23 16-59-6.
Commissioner
of higher postsecondary education Commissioner
of
24 postsecondary education. --
The
board council on postsecondary
education, with
approval of the
25 board, shall appoint a commissioner of higher postsecondary education, who shall serve at the
26 pleasure of the
board council, provided that his or her initial engagement by the board council
27 shall be for a period of not more than three (3) years. For the purpose of appointing, retaining, or
28 dismissing a commissioner of
higher postsecondary education, the governor shall serve as an
29 additional voting member of the board council,
and provided that in the
case
of
a tie, the president
30 of the
senate shall cast
the deciding
vote. The position
of commissioner
shall
be
in the
31 unclassified service of the state and he or she shall serve as the chief executive officer of the
32 board of governors council on postsecondary education and as the chief administrative officer of
33 the office of
higher education postsecondary commissioner. The commissioner
of higher
34 postsecondary education shall have any duties that are defined in this section and in this title and
1 other additional duties as may be determined by the board council, and shall perform any other
2 duties as may be vested in him or her by law. In addition to these duties and general supervision
3 of the office of higher education postsecondary commissioner and the appointment of the several
4 officers and employees
of
the office,
it shall be the
duty of the
commissioner
of higher
5 postsecondary education:
6 (1) To
develop and
implement
a
systematic
program of information gathering,
7 processing, and analysis addressed to every aspect of higher education in the state, especially as
8 that information relates to current and
future
educational needs.
9 (2) To prepare a
master strategic plan for higher education in the state
aligned with the
10 goals of the board of education's strategic plan; to coordinate the goals and objectives of the
11 higher
public education
sector with the goals of the
council
on
elementary
and
secondary
12 education, and activities of the independent higher education sector where feasible.
13 (3) To communicate with and
seek
the advice of those concerned
with
and affected by the
14 board of
governors' education's
and council's determinations.
15 (4) To implement broad policy as it pertains to
the
goals
and objectives established by the
16 board of education and council on postsecondary education; to enforce standards and to exercise
17 general supervision promote better coordination between over higher public education in the
18 state, and over independent higher education in the state as provided in subdivision
(11) (10) of
19 this section and pre k -12 education; to assist in the preparation of the budget for public higher
20 education and to
be responsible upon
direction of the board council for the allocation
of
21 appropriations, the acquisition,
holding, and disposition, and general management of property.
22 (5) To be responsible for the coordination of the various higher educational functions of
23 the state so
that maximum efficiency and economy can
be achieved.
24 (6) To assist the board of education in preparation and maintenance of a five (5) year
25 strategic funding plan for higher education; to assist the board council in the preparation and
26 presentation annually to the state budget officer in accordance with § 35-3-4 of a total public
27 higher educational budget.
28 (7) To recommend to the
board of governors, council on postsecondary education after
29 consultation with the presidents, a clear and definitive mission for each public institution of
30 higher learning.
31 (8) To
recommend
to the
board of governors,
after consultation
with
the presidents, tables
32 of organization for the public
institutions of higher learning.
33 (9) (8) To annually recommend to the board of governors, council on postsecondary
34 education after consultation
with
the presidents, the creation, abolition, retention, or consolidation
1 of departments,
divisions, programs, and courses of study within
the public
colleges and
2 universities to eliminate unnecessary duplication in public higher education and, to address the
3 future needs of public higher education in the state, and to advance proposals recommended by
4 the presidents of the public colleges and universities pursuant to sections 16-32-2.1, 16-33-2.1
5 and 16-33.1-2.1
of the general laws.
6 (10) (9) To supervise the operations of the office of higher education postsecondary
7 commissioner and any other additional duties and responsibilities that may be assigned by the
8 board council.
9 (11) (10) To perform the duties vested in the
board of governors council with relation to
10 independent higher educational institutions within the state under the terms of chapter 40 of this
11 title and any other laws
that affect independent higher education in the state.
12 (12) (11) To be responsible for the administration
of
policies,
rules,
and regulations of the
13 board of governors the council on postsecondary education with relation to the entire field of
14 higher education within the state, not specifically granted to any other department, board, or
15 agency and
not
incompatible
with
law.
16 (13) (12) To prepare standard accounting procedures for public higher education and all
17 public
colleges and universities.
18 (14) (13) To carry out the policies and directives of the board of governors education and
19 the council on postsecondary education through the office of
higher education postsecondary
20 commissioner and through utilization of the resources of the public
institutions of higher learning.
21 (15) To
direct the office of
higher education to compile and analyze the following
22 information for presentation
to
the speaker of the
house
and the
governor by May 1st annually:
23 (A) A detailed departmental breakdown of all faculty members employed at each state
24 run college
and
university by
rank (including all
professors, associate professors, assistant
25 professors,
lecturers, instructors)
and
tenure (tenured
and
non-tenured, other) and by race
26 (African American,
Hispanic,
Native American, and
Asian) and gender.
27 (B) A detailed report on current student enrollments for each class at each state run
28 college and university by race and gender, by academic department, and by outreach program
29 (e.g. talent development), guaranteed admissions program, and the current levels of funding and
30 staff support for each of these programs.
31 (C) A report on the current status of the African and Afro-American studies programs at
32 each institution and a five (5) year budgetary history of the programs along with projections for
33 budgetary support for the
next
two (2) years.
34 (D) A plan for recruitment of African American and Hispanic faculty into tenure track
1 positions at each institution with specific reference to and planned involvement with the New
2 England higher education's
minority faculty recruitment and development plan.
3 (ii) Certified copies of the report shall be furnished to the board of governors and the
4 presidents of the state colleges and
universities.
5 16-59-7.1.
Permanent status for
non-classified employees.
-- All
non-classified
6 employees of the
board of governors council on postsecondary education who shall have twenty
7 (20) years, not necessarily consecutive, of service credit, these credits having been earned in
8 either the classified, non-classified, or unclassified service or any combination of these, shall be
9 deemed to have acquired full status in their positions as the status is defined by § 36-4-59;
10 provided that this provision shall not apply to those employees whose base entry date is after
11 August 7, 1996; and provided that this provision shall not apply to faculty
employed by the
board
12 of governors council on postsecondary education nor shall it apply to non-classified employees
13 who have
acquired tenure as
faculty.
14 16-59-9. Educational budget and appropriations. -- (a) The general assembly shall
15 annually
appropriate any sums
it deems
necessary for
support
and maintenance of higher
16 education in the state and the state controller is authorized and directed to draw his or her orders
17 upon the general treasurer for the payment of the appropriations or so much of the sums that are
18 necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the
19 board of governors for higher education council on
postsecondary
education may by rule provide.
20 The board council shall receive, review, and adjust the
budgets budget of its several subordinate
21 committees and agencies and for the office of
higher education postsecondary commissioner and
22 present the budget as
part of the
budget for higher education under the requirements of § 35-3-4.
23 (b) The office of higher education postsecondary commissioner and the institutions of
24 public
higher education shall establish working capital accounts.
25 (c) Any tuition or fee increase schedules in effect for the institutions of public higher
26 education shall be received by the board of governors council on postsecondary education for
27 allocation for the fiscal year for which state appropriations are made to the board of governors
28 council by the general assembly; provided that no further increases may be made by the board of
29 governors education
or
the council
on
postsecondary education for the
year for which
30 appropriations are made. Except that these provisions shall not apply to the revenues of housing,
31 dining, and other auxiliary facilities at the University of Rhode Island, Rhode Island College, and
32 the Community Colleges including student fees as described in P.L. 1962,
ch. 257 pledged to
33 secure indebtedness issued at any time pursuant to P.L. 1962, ch.
257 as amended.
34 (d) All housing, dining, and other auxiliary facilities at all public institutions of higher
1 learning shall be self-supporting and no funds shall be appropriated by the general assembly to
2 pay operating expenses, including principal and interest on debt services, and overhead expenses
3 for the facilities. Any debt service costs on general obligation bonds presented to the voters in
4 November 2000 and November 2004
or appropriated funds from the Rhode
Island capital plan for
5 the housing auxiliaries at the University of Rhode Island and Rhode Island College shall not be
6 subject to this self-supporting requirement in order to provide funds for the building construction
7 and rehabilitation program. The institutions of public higher education will establish policies and
8 procedures which enhance the opportunity for auxiliary facilities to be self-supporting, including
9 that all faculty provide timely and accurate copies of booklist for required textbooks to the public
10 higher educational institution's
bookstore.
11 (e) The additional costs to achieve self-supporting status shall be by the implementation
12 of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,
13 operating expenses, principal, and
interest on debt services, and overhead expenses.
14 16-59-22. Applicability of merit system –
Teacher certification – List of positions
15 transferable to
classified
service.
-- (a)
The
appointment, promotion, salaries, tenure,
and
16 dismissal of administrative, instructional, and research employees, and secretarial employees not
17 exceeding
ten (10) in number, of the
state colleges shall not be subject in
any manner or degree to
18 control
by
the personnel administrator
or by any officer or board other
than
the board of
19 governors for higher education council on postsecondary education. The certification of teachers
20 at the University of Rhode Island is abolished, except for teachers that elect to come or remain
21 under it.
22 (b) All positions that are exempt from the Merit System Law, chapter 4 of title 36, which
23 become vacant or that are to be established, must be forwarded to the personnel administrator,
24 who in consultation with the deputy assistant commissioner of education in charge of personnel
25 and labor relations shall determine
whether the position(s) in question shall remain in
the
board
of
26 governors for higher education council on postsecondary education non-classified service or be
27 established in the classified service
of the state.
28 (c) No position presently in the classified service of the state subject to the Merit System
29 Law, chapter 4 of title
36, shall be changed
or modified so as
to establish
the position in the
board
30 of governors for higher education council on
postsecondary education non-classified
service.
31 (d) Faculty positions, presidents, vice presidents, deans, assistant deans, and student
32 employees of the higher education institutions shall not be covered by the preceding provisions
33 and shall
remain in
the board of governors
for
higher education council on
postsecondary
34 education non-classified service.
1 SECTION 6. Sections 16-59-4.1 and 16-59-8 of the General Laws in Chapter 16-59
2 entitled "Board of Governors for Higher Education" are
hereby repealed.
3 16-59-4.1. Administration of higher education. -- The director of the department of
4 administration is hereby directed to conduct research and analysis to recommend a revised plan
5 for the organizational structure for
higher
education governance, staff support and
resource
6 allocation in Rhode Island. This plan shall address the goal of improving affordability and
7 accessibility to public higher education; and maximizing efficiencies while providing sufficient
8 support to the governance structure of public higher education. The director of the department of
9 administration is directed to report findings, recommendations and alternative designs to the
10 general assembly no later than November 1, 2011 with copies to the speaker of the house, senate
11 president,
chairs of the
house and senate finance committees and their respective fiscal advisors.
12 The report shall include a strategic
plan
that outlines the mission,
goals,
and the
estimated
13 cost and timelines to
implement said recommendations. The
report shall provide
a clear definition
14 of roles and responsibilities,
including
those responsible for
implementing
the proposed
15 recommendations. The analysis shall develop measures of success, and an appropriate timeline to
16 measure implementation progress. It shall also include:
17 (1) An examination of the various organizational structures in other states, evaluating
18 their strengths and weaknesses, and
how they may or may not be
applicable in
Rhode Island. This
19 should include an evaluation of the best practices regarding organizational structures for higher
20 education.
21 (2) An analysis of what functions could be allocated to other institutions, and which
22 might be centralized to
translate
into efficiencies and more effective higher education policy.
This
23 should include,
but not
be
limited
to, strategies
to reorganize
and or
centralize
finance,
24 purchasing, human resources, information technology, and facilities management within an office
25 of higher education,
with specific direction on the allocation of resources, staff and
26 responsibilities.
27 The report should explore
the feasibility
of
permanently allocating all
operational
28 activities and other responsibilities currently held within the office of higher education to the
29 three (3) higher education institutions or other viable alternatives while maintaining the board of
30 governors.
31 All departments and agencies of the state shall furnish such advice and information,
32 documentary or otherwise to the director of the department of administration and its agents as is
33 deemed necessary or desirable to
facilitate the purposes of the study.
1 executive committee which shall be composed of the president of the University of Rhode Island,
2 the president of Rhode Island College, the president of Community College of Rhode Island and
3 the commissioner of higher education. The commissioner of higher education shall serve as the
4 chairperson of the committee.
5 (b) The committee shall meet on a regular basis, provided, that they shall meet not less
6 than twelve (12) times per year, and the purpose of the committee shall include but not be limited
7 to developing coherent plans for the elimination of unnecessary duplication in public higher
8 education and addressing the future needs of public higher education within the state in the most
9 efficient and economical manner possible. All recommendations and information gathered at the
10 meetings of the committee shall be forwarded to the board of governors by the commissioner of
11 higher education
in
conjunction with the
presidents for approval and disapproval.
12 (c) Prior to the presentation of any proposal to the board of governors, the committee
13 shall fully examine its impact on higher education, including but not limited to its impact on
14 educational budgetary requirements, quality of higher education and elimination of unnecessary
15 duplication. The chairperson of the committee may invite additional participation by faculty and
16 other employees when he
or
she deems it necessary.
17 SECTION 7. Sections 16-60-1, 16-60-2, 16-60-4 and 16-60-6 of the General Laws in
18 Chapter 16-60 entitled "Board of Regents for Elementary and Secondary Education" are hereby
19 amended to
read
as follows:
20 16-60-1. Board council on elementary and secondary education established. -- (a)
21 There is created a board of regents for elementary and secondary education sometimes referred to
22 as the "regents" or the "board of regents," council on elementary and secondary education which
23 shall be and is
constituted
a public corporation, empowered to
sue and be sued in
its own name, to
24 have a corporate seal, and to exercise all the powers, in addition to those specifically enumerated
25 in this chapter, usually appertaining to public corporations entrusted with control of elementary
26 and secondary education
institutions and functions. The regents council on elementary and
27 secondary education shall be protected from sudden changes in membership and reversal of
28 policy by having staggered terms
for its public
members.
29 (b) Upon its organization the board of regents council on elementary and secondary
30 education shall be invested with the legal title (in trust for the state) to all property, real and
31 personal, now owned by and/or under the control or in the custody of the board of regents for
32 education for the use of the department of elementary and secondary education. The board of
33 regents council on elementary and secondary education is made successor to all powers, rights,
1 (c) The
board of regents for elementary and secondary education shall consist of ten (10)
2 members as follows: Eight (8) public members appointed pursuant to the terms of subsection 16-
3 60-2(a), one student member who shall be ex-officio and nonvoting elected pursuant to the
4 provisions of
subsection 16-60-2(d), and a member of the
board of governors for higher education
5 designated by the governor. Five (5) voting members of the board shall constitute a quorum and
6 the vote
of
a majority vote
of those present and voting shall be required for action.
7 The public members of the board of regents shall not be compensated for service in
8 attending meetings or duly organized subcommittee meetings of the board at which business is
9 transacted.
10 (d) The governor shall designate one of the public members as chairperson of the board
11 of regents
The board may
elect
from
among its
members
such other
officers as it
deems
12 necessary.
13 (c) The council on elementary and secondary education is made successor to all powers,
14 rights, duties, and privileges formerly belonging to the board of regents for elementary and
15 secondary education, unless
otherwise specified in law.
16 16-60-2. Appointment of board members. -- (a) The governor shall
with the advice and
17 consent of the senate establish the board by appointing eight (8) members to serve staggered
18 terms. The appointments shall be made for terms of three (3) years commencing on February 1 in
19 the year of appointment and ending on January 31 in the third (3rd) year after this, except, at the
20 expiration of their terms members shall remain and continue in their official capacity until a new
21 member is appointed and confirmed. Any vacancy among the public members of the board shall
22 be filled by appointment of the governor for the remainder of the unexpired term. In the selection
23 and appointment of members of the board the governor shall seek persons who best serve the
24 entire needs
of
the state.
Public members shall not
be
appointed
for more than
three (3)
25 successive three (3) year terms each; provided, that this limitation shall not apply to that person
26 designated as chairperson by the governor who may be a member so long as he or she shall serve
27 as chairperson. establish the council on elementary and secondary education by appointing eight
28 (8) members of the board of education established pursuant to chapter 16-97 to serve as members
29 of the council until the
expiration of their term and appointment of their successor as a member of
30 the board of education. The chair of the board of education shall serve on the council in a voting,
31 ex-officio capacity. Five (5) voting
members of the council shall constitute a quorum and the
vote
32 of the majority of those present and voting shall be required for action. The governor shall
33 appoint the chair of the
council on an annual basis from among the eight (8) council members.
1 act [March 24, 2006] unless
he or she is a resident of this state.
2 (c) Members of the board shall be removable by the governor pursuant to the provisions
3 of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal
4 reasons unrelated to capacity or fitness for the
office shall be
unlawful.
5 (d) (c)
There is hereby established a student advisory council to the board of regents
6 council on elementary and secondary education, consisting of one elected high school student
7 representative
from each public
secondary school in
the state
of
Rhode Island.
8 (1) Each public secondary school shall hold elections for its representative to the student
9 advisory council no earlier than the first (1st) day of March and no later than the end of the
10 second (2nd) full week of April.
Each
school shall elect only one
representative. Elected
members
11 shall be notified of their election on or before the Friday of the third (3rd) week of April of the
12 year of their election. No person shall be eligible to be elected to the student advisory council
13 unless at the time of his or her election he or she is enrolled as a student in a secondary school
14 between the grades of nine (9) and eleven (11) within the state of Rhode Island. No person shall
15 be allowed to vote if they are not currently enrolled in a Rhode Island public secondary school
16 between the grades of nine (9) and eleven (11). If at any time during his or her term of office a
17 member of the student advisory council ceases to be so enrolled, his or her membership shall be
18 terminated and his or her position shall be deemed vacant. This vacancy shall be filled by the
19 public
secondary school within thirty (30) school days of the opening of the
vacancy.
20 (2) The student advisory
council will serve from the
first (1st) day
of May
of the year it is
21 elected until the last day of April of the following year. A student may serve no more than three
22 (3) terms.
23 (3) Said student advisory council shall meet from time to time and shall consider such
24 matters as it deems appropriate.
25 (4) Prior to the first (1st) day of June of each annual session the student advisory council
26 shall adopt a set of bylaws.
27 (5) Members of the council shall not be compensated for service in attending meetings
28 except that they shall be reimbursed for necessary expenses incurred in travelling to and from
29 meetings.
30 (6) The members of said student advisory council shall, by majority vote prior to the first
31 (1st) day of June in each year, elect from their members a chairperson who shall serve for a term
32 of one year beginning on the first (1st) day of June. Said chairperson shall serve as an ex officio
33 and nonvoting member of the board of regents council for a term of one year, unless the student
34 advisory council removes said chairperson from his or her position in a manner described within
1 the bylaws of that council
and/or if he or she
is otherwise removed by the governor.
2 16-60-4. Board
of regents
for elementary
and
secondary
education Council
on
3 elementary
and
secondary education– Powers and
duties. --
The board
of
regents for
4 elementary and secondary education Council on Elementary and Secondary Education shall have
5 in addition to those
enumerated in
§ 16-60-1, the
following powers and
duties:
6 (1) To approve a systematic program of information gathering, processing, and analysis
7 addressed to every aspect of elementary and secondary education in this state especially as that
8 information relates to current and future educational needs so that current needs may be met with
9 reasonable promptness and plans formulated to meet future needs as they arise in the most
10 efficient and economical manner possible.
11 (2) To approve a master plan defining implementing the broad goals and objectives for
12 elementary and secondary education in the state that have been established by the board of
13 education. These goals
and
objectives shall be expressed
in terms of what men and women
should
14 know and be able to do as a result of their educational experience. The regents council on
15 elementary and secondary education shall continually
evaluate the
efforts and results of education
16 in the light of these objectives.
17 (3) To formulate broad policy to implement the goals and objectives established and
18 adopted by the board of regents; to adopt standards and require enforcement and to exercise
19 general supervision over all elementary and secondary public and nonpublic education in the
state
20 as provided in subdivision (8) of this section. The board of regents council on elementary and
21 secondary education shall not engage
in the operation or administration of any subordinate
22 committee, local school district, school,
school
service,
or
school
program, except
its
own
23 department of elementary and secondary education, and except as specifically authorized by an
24 act of the general assembly. The adoption and submittal of the budget and the allocation of
25 appropriations, the acquisition, holding, disposition, and general management of property shall
26 not be construed to come within the purview of the preceding prohibition. The regents council on
27 elementary and secondary
education shall
communicate with and seek
the advice of
the
28 commissioner of elementary and secondary education and all those concerned with and affected
29 by its
determinations
as a
regular procedure
in
arriving at its conclusions and in setting its policy.
30 (4) To allocate and coordinate the various educational functions among the educational
31 agencies of the state and local school districts and to promote cooperation among them so that
32 maximum efficiency and
economy shall be
achieved.
33 (5) To prepare with the assistance of the commissioner of elementary and secondary
34 education and to present annually to the state budget officer, in accordance with § 35-3-4, a total
1 educational budget for the elementary and secondary sector which shall include, but not be
2 limited to, the budgets of the department of elementary and secondary education, subordinate
3 boards and agencies, and state aid to local school districts.
Prior to submitting the budget as
4 required by the budget office instructions and this subsection the council shall present the budget
5 to the board of education for review and approval.
6 (ii) In the preparation of the budget, the regents council on elementary and secondary
7 education shall determine implement the priorities
established by the board of education of
8 expenditures for elementary and secondary education purposes of state revenues and other public
9 resources made available for the support of public elementary and secondary education among
10 the various education agencies of the state. Nothing contained in this section shall authorize any
11 individual or group of
individuals to
reallocate
resources in a manner other than
that prescribed
in
12 the budget as appropriations by the general assembly.
13 (6) To maintain a department of elementary and secondary education, to provide for its
14 staffing and organization and to appoint a commissioner of elementary and secondary education
15 pursuant to § 16-60-6 who shall serve at its pleasure. The commissioner of elementary and
16 secondary education and the department of elementary and secondary education shall have any
17 duties and
responsibilities as
defined
in
§§ 16-60-6 and 16-60-7.
18 (7) To establish other educational agencies or subcommittees necessary or desirable for
19 the conduct of any or all aspects of elementary and secondary education and to determine all
20 powers, functions, and composition of any agencies or subcommittees and to dissolve them when
21 their purpose shall have been fulfilled; provided that nothing contained in this subdivision shall
22 be construed to grant the regents council the power to establish subcommittees or agencies
23 performing the duties
and
functions of local school committees
except as provided in
§ 16-1-10.
24 (8) To exercise the authority previously vested in the board of regents for education with
25 relation
to secondary
nonpublic educational institutions within the state under
the
terms
of
26 chapter 40 of this title and other laws affecting nonpublic education in the state, and to cause the
27 department of elementary and
secondary education
to
administer the
provisions
of
that section.
28 (9) To exercise all the functions, powers and duties which previously were vested in the
29 board of regents for education, under the provisions of former § 16-49-4(9), including but not
30 limited to the following specific functions:
31 (i) To approve the basic subjects and courses of study to be taught and instructional
32 standards
required to be
maintained in the public
elementary and secondary schools
of the state.
33 (ii) To adopt standards and qualifications for the certification of teachers and to provide
34 for the issuance of certificates, and to establish fees for the certification of teachers. The fees
1 collected for the certification of teachers along with various education licensing and testing fees
2 shall be deposited by the board of regents council on elementary and secondary education as
3 general
revenues.
The
funds
appropriated
by
the
general assembly shall be utilized
by
the
4 department of elementary and secondary education to establish and support programs which
5 enhance the
quality and
diversity of the teaching profession. The commissioner of elementary and
6 secondary education shall regularly make recommendations to the board about specific programs
7 and projects
to be supported by
those funds. The
commissioner shall oversee
the funds,
assess the
8 effectiveness of its programs and projects, and make recommendations about the general use and
9 operation
of
the funds to
the
board.
10 (iii) To
be responsible for the
distribution
of
state school funds.
11 (iv) To determine the necessity of school construction and to approve standards for
12 design
and construction of school buildings throughout the
state.
13 (v) To set standards for school libraries
and
school library services.
14 (vi) To make recommendations relative to transportation of pupils to school, school bus
15 routes, time
schedules,
and
other matters
relating to
pupil transportation.
16 (vii) To
enforce
the provisions
of all
laws relating
to elementary and secondary
17 education.
18 (viii) To
decide
and determine appeals from decisions of the commissioner.
19 (ix) To prescribe forms for the use of local school committees and local officers when
20 reporting to the department of elementary and secondary education.
21 (x) To adopt and require standard accounting procedures for local school districts, except
22 as provided
for
in subdivision
(3) of § 16-24-2.
23 (xi) To adopt and require standard uniform operating and capital budgeting procedures
24 for local school districts.
25 (10) To establish rules for the approval and accrediting of elementary and secondary
26 schools.
27 (11) To recommend to
the general assembly
changes in the
size and number of the school
28 districts within the state; and to make any further and other recommendations to the general
29 assembly as the board of regents council on elementary and secondary education may determine
30 to
be necessary or
desirable, including, but not limited
to, proposals for
incentives
for
the
31 coordination of services and facilities of certain school districts and the feasibility of granting
32 taxing authority to local school committees upon their request, and the impact upon the quality of
33 education within that particular community by granting the request. In carrying out this duty, the
34 board of regents council on elementary and
secondary education shall periodically issue reports in
1 school district organizations
for selected regions
and
school districts.
2 (12) To exercise all other powers with relation to the field of elementary and secondary
3 education within this state not specifically granted to
any other department, board, or agency, and
4 not incompatible with law, which the
board of regents for elementary and secondary education
5 council on
elementary and secondary education may deem advisable.
6 (13) To exercise the authority previously vested
in
the board of regents for education
with
7 relation to
adult education as defined in
§ 16-58-2
and to establish
definitive
goals
for
and operate
8 a comprehensive delivery system for
adult
education
programs
and
services, including
the
9 counseling and testing of persons interested in obtaining high school equivalency diplomas, the
10 issuance of diplomas, and the maintenance of a permanent record of applications, tests, and
11 equivalency diplomas.
12 (14) To promote maximum efficiency and economy in the delivery of elementary and
13 secondary educational services in the
state.
14 (15) To approve a training program for school committee members to enhance their
15 individual skills and
their effectiveness as a
corporate body. The training
program should include,
16 but not be limited to, the following roles and responsibilities of school committees: strategic
17 planning,
human and community relations,
and school finance
and budgeting.
18 (16) Within ninety (90) days after the end of each fiscal year, the board shall submit an
19 annual report to the governor, the speaker of the house of representatives, and the president of the
20 senate of its activities during that fiscal year. The report shall provide: an operating statement
21 summarizing meetings
or
hearings held,
subjects
addressed, decisions
rendered,
rules
or
22 regulations promulgated, studies conducted, policies and plans developed, approved, or modified,
23 and programs administered or initiated; a consolidated financial statement of all funds received
24 and expended including the source of the funds, a listing of any staff supported by these funds,
25 and a summary of any clerical, administrative or technical support received; a summary of
26 performance
during the
previous
fiscal year
including accomplishments,
shortcomings and
27 remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the
28 authority of the
board council; a briefing
on anticipated activities in the
upcoming fiscal year; and
29 findings and
recommendations for improvements. The director of
the department of
30 administration shall be responsible for the enforcement of the provisions of this subsection.
31 (17) To prepare with the assistance of the commissioner a multi-year plan of priority
32 educational goals and objectives. This plan should recommend policy objectives, implementation
33 strategies,
and
a timetable for major policy initiatives.
34 (18) Each year the governor shall by writing notify the
board of regents for elementary
1 and secondary
education council on elementary and secondary
education concerning
broad
2 economic, cultural, and social needs that the education system needs to consider which the board
3 shall address in
developing educational plans and programs.
4 (19) Appoint a standing committee that will develop a schedule to systematically review
5 all board council policies over a three (3) year period.
6 (20) To prepare with the assistance of the commissioner a statement of regulatory policy.
7 This policy should set forth the goals and objectives of state regulations which are expressed in
8 terms of what educational inputs and
outputs the board expects regulations to address.
9 (21) To prepare with the assistance of the commissioner of elementary and secondary
10 education and to present annually to the general assembly by January 1 a report on school
11 discipline
in Rhode Island schools. This report shall include:
12 (A) Expulsions by district, including duration
and the reason for each
action.
13 (B) Suspensions by district, including duration and the reason for each action.
14 (C) Placements to alternative
programs
for
disciplinary reasons.
15 (D) Assaults of teachers,
students, and school staff by students.
16 (E) Incidents
involving possession
of weapons on
school property.
For the purpose of this
17 section, a weapon shall be considered any of those weapons described in §§ 11-47-2 and 11-47-
18 42.
19 (F) Incidents of the
sale of controlled substances by students.
20 (G) Incidents
of
the possession
with the intent to sell controlled
substances by students.
21 (H) Additional demographic information including, but not limited to, the ethnic and
22 racial classifications, age, and gender, as prescribed by the commissioner, of each of the students
23 involved in the incidents, events or actions described in subparagraphs (A) through (G) of this
24 subdivision.
25 (I) A description of the education program provided to each student suspended for over
26 ten (10) consecutive
school days
in a
school year.
27 (ii) All
school
superintendents shall supply the
necessary information on forms
28 established by the commissioner of elementary and secondary education to the
board of regents
29 council on elementary and secondary education to assist in the preparation of the board of regents'
30 council's report on
school discipline.
31 (22) To prepare and promulgate a uniform statewide school reporting system which
32 would
provide
information including,
but not limited to,
the
following:
33 (i) Student and teacher attendance rates;
34 (ii) Standardized test scores;
1 (iii) Demographic
profiles;
2 (iv) Results
of polls of students, parents, and teachers;
3 (v) Descriptions
of
goals, initiatives,
and achievements;
4 (vi) Best teaching practices;
5 (vii) Alternative student assessments;
6 (viii) Special programs;
7 (ix) Number of student suspensions and teacher grievances
and the amount of parental
8 involvement.
9 (23) The board shall conduct
a
training
course
for
newly
appointed and qualified
10 members within six (6) months of their qualification. The course shall be developed by the
11 chairperson of the board, approved by the board, and conducted by the chairperson of the board.
12 The board may approve the use of any board or staff members or other individuals to assist with
13 training. The training course shall include instruction in the following areas: the provisions of
14 chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of
15 administration
shall, within
ninety (90) days
of the effective
date
of
this act, prepare and
16 disseminate training materials relating to the
provisions of chapters 42-46, 36-14, and 38-2.
17 16-60-6.
Commissioner
of elementary
and
secondary education. --
The regents
18 council on elementary and secondary education, with the advice and consent of the board of
19 education, shall appoint a commissioner of elementary and secondary education who shall serve
20 at the pleasure of the regents council on elementary and secondary education, provided that the
21 commissioner's initial engagement by the regents council shall be for a period of not more than
22 three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner, the
23 governor
shall
serve
as an additional
voting member
of
the board
of
regents council on
24 elementary and secondary education, and provided that in the case of a tie, the president of the
25 senate shall cast the deciding vote. The position of commissioner shall be in the unclassified
26 service of the state and he or she shall serve as the chief executive officer of the
board of regents
27 council on elementary and secondary education and as the chief administrative officer of the
28 department of elementary and secondary
education.
The
commissioner
of elementary
and
29 secondary education shall have the duties that are defined in this section and in this title and any
30 other additional duties that may be determined by the regents the council on elementary and
31 secondary education, and shall perform any other duties that may be vested in the commissioner
32 by law. In addition to the general supervision of the department of elementary and secondary
33 education and the
appointment of the
several officers and employees of the department, it shall be
34 the
duty of the commissioner of elementary and
secondary education:
1 (1) To
develop and
implement
a
systematic program
of
information
gathering,
2 processing, and analysis addressed to every aspect of elementary and secondary education in the
3 state, especially as that information relates to
current and future educational needs.
4 (2) To prepare a master plan for elementary and secondary education in the state; to
5 coordinate the goals and objectives of the public elementary and secondary education sector with
6 the activities of the
nonpublic elementary and
secondary education
sector where feasible.
7 (3) To communicate with
and seek the advice
of those concerned with and
affected by the
8 board of regents' education's and the council's determinations.
9 (4) To implement broad policy as it pertains
to the goals and
objectives established by the
10 regents board of education; to enforce standards and to exercise general supervision over public
11 elementary and secondary education in the state and over all elementary
and secondary nonpublic
12 education in the state as provided in subdivision (8) of this section; to assist in the preparation of
13 the budget for elementary and secondary education and to be responsible upon direction of the
14 regents council on elementary and secondary education for the allocation of appropriations, the
15 acquisition,
holding,
disposition, and
general management of property.
16 (5) To be responsible for the coordination of the various elementary and secondary
17 educational functions among the educational agencies of the state including local school districts
18 and to encourage and to assist in the cooperation among them so that maximum efficiency and
19 economy may be
achieved.
20 (6) To assist
the regents council on elementary and secondary
education in the
21 preparation and presentation annually to the state budget officer, in accordance with § 35-3-4, of
22 a total state elementary and secondary educational budget which shall include, but not be limited
23 to, the budget of the department of elementary and secondary education, subcommittees and
24 agencies, and state aid to local school districts.
25 (7) To supervise the operation of the department of elementary and secondary education,
26 to have the duties as defined in § 16-1-5 and in this title or in law wherever outlined, and other
27 additional duties and responsibilities that may be assigned by the regents council on elementary
28 and secondary education.
29 (8) To perform the
duties vested in
the board
of regents education
and council on
30 elementary and secondary education with relation to
nonpublic elementary and secondary
31 educational institutions within the state under the terms of chapter 40 of this title, and other laws
32 that affect nonpublic elementary and secondary education in
the
state.
33 (9) To supervise the following
specific functions:
34 (i) To recommend the basic subjects and courses of study to be taught and instructional
1 standards
to be maintained in the public
elementary and secondary schools in the state.
2 (ii) To recommend standards and qualifications of teachers and to issue certificates upon
3 approval of standards and qualifications by the regents council on elementary and secondary
4 education.
5 (iii) To distribute state school funds in accordance with law and regulations of the
board
6 of regents council on elementary and secondary education.
7 (iv) To certify
as to
the
necessity of school construction and that standards and design are
8 in accordance with law and regulations of the regents council on elementary and secondary
9 education and to approve a design
for school construction
throughout the state.
10 (v) To certify that school library standards and services are in accordance with law and
11 regulations
of the board
of
regents council on
elementary and
secondary education.
12 (vi) To recommend to the
board of regents matters council on elementary and secondary
13 education relating to the transportation of pupils to school.
14 (vii) To require the observance of all laws relating to elementary and secondary schools
15 and education.
16 (viii) To
interpret school law and to
decide any controversies that may be
appealed to him
17 or her from decisions of local school committees.
18 (ix)
To prepare
and recommend standard
forms for the
use of
local
schools when
19 reporting to the
department of elementary and secondary education.
20 (x) To prepare standard accounting and auditing procedures for local school districts,
21 except for the purposes of subdivision (3) of § 16-24-2 which shall be done in conjunction with
22 the auditor general.
23 (xi) To
prepare
uniform budgeting procedures for local school districts.
24 (xii) To determine when special purpose grants made to local school districts shall be
25 eligible for reimbursement through the school operations aid formula in accordance with chapter
26 7 of this title, and to designate the purpose(s) for which the local school district may use the
27 school operations aid reimbursement, including reimbursement on local matching funds used to
28 support the special purpose grant. The commissioner shall promulgate
and
adopt rules
and
29 regulations
to
carry out the intent of this
subsection.
30 (10) To approve and accredit elementary and secondary schools in accordance with the
31 policy and regulations of the
board
of regents council on elementary and secondary education.
32 (11) To be responsible for the administration of policies, rules, and regulations of the
33 board of regents education and the council on elementary and secondary education with relation
34 to the entire field of elementary and secondary education within the state not specifically granted
1 to any other department,
board,
or
agency and not incompatible
with law.
2 (12) To receive from law enforcement agencies a list periodically of the names of Rhode
3 Island
missing children and to
disseminate these lists to local school districts.
4 SECTION
8. Sections 16-97-1 and 16-97-6 of the
General Laws
in Chapter 16-97
5 entitled "The Rhode
Island Board of Education
Act"
are hereby amended to
read
as follows:
6 16-97-1.
Rhode
Island board of education established. -- (a) Effective January 1,
2013,
7 there is created a board of education which shall be and is constituted a public corporation,
8 empowered to sue and be sued in its own name, to have a corporate seal, and to be vested with all
9 the powers and duties currently vested in the board of governors for higher education established
10 in chapter 16-59 and the board of regents for elementary and secondary education established in
11 chapter 16-60. be responsible for and shall exercise the purposes, powers and duties as defined in
12 this chapter and chapters 16-59 and 16-60 of the general laws. The Board is responsible for the
13 coordination of education from pre-k
through higher education
and shall set goals
and policies for
14 the effective coordination
of
these public education
systems.
15 (b) Upon its organization, the board of education shall be vested with the legal title (in
16 trust for the state) to all property, real and personal, now owned by and/or under the control or in
17 the custody
of
the
board
of
governors
for higher
education and the
board
of
regents
for
18 elementary
and
secondary education,
for the
use of
the board of
education. The
board
of
19 education is hereby-designated successor to all powers, rights, duties, and privileges pertaining to
20 the board of regents for elementary and secondary education and the board of governors for
21 higher education.
22 (c)(b) The board of education shall consist of eleven (11) seventeen (17) public members
23 appointed by the governor with the advice and consent of the senate, eight (8) of whom shall be
24 designated to serve on the council for elementary and secondary education and eight (8) of who
25 shall be designated to serve on the council for postsecondary education. The chairperson of the
26 board shall serve as a member of both councils. Four (4) Six (6) of the members initially
27 appointed pursuant to this section shall serve terms of three (3) years; four (4) six (6) members
28 initially appointed pursuant to this section shall serve terms of two (2) years; and,
three (3) four
29 (4)
members initially appointed pursuant to this section shall serve terms of one year. To the
30 greatest extent possible, the initial staggered terms shall be equitably divided among the councils
31 so as to protect against sudden changes in membership and reversal of policy. Thereafter, all
32 members appointed pursuant to this section shall serve terms of three (3) years.
At the expiration
33 of their terms, members shall remain and continue in their official capacity
until their successor is
34 appointed and qualified. Members shall not be appointed to more than three (3) successive three
1 (3) year terms each; provided that the chair of the board shall have no term and shall serve at the
2 pleasure of the governor. Any vacancy among the members of the board shall be filled by
3 appointment
of the governor for the remainder of the unexpired term. In the
selection and
4 appointment of the board, the governor shall seek persons who best serve the needs of the entire
5 state. No person shall be eligible for appointment to the board after the effective date of this act,
6 unless a resident of this state. No board member shall be appointed to serve more than two (2)
7 three (3) year terms. Members of the
board shall not be compensated for their service
in attending
8 board or council meetings.
9 (c) The chair of the Governor's Workforce Board, or designee, and the chair of the Rhode
10 Island Commerce Corporation, or designee, shall serve as non-voting, ex-officio members of the
11 board.
12 (d)(d) The governor shall select from the appointed members a chairperson and vice
13 chairperson. A quorum shall consist of
six (6) nine (9) members of the board. A majority vote of
14 those present shall be required
for
action.
15 (e) Except as provided by subsection (b) of this section, members of the board shall be
16 removable by the governor for cause only. Removal solely for partisan or personal reasons
17 unrelated to
performance, capacity or fitness
for the
office shall be unlawful.
18 (e)(f) The statutory
responsibilities
of
the department of
elementary
and
secondary
19 education, the commissioner of elementary and secondary education, and the commissioner of
20 higher postsecondary education shall remain unchanged. No later than July 1, 2013, the board of
21 education shall submit to the governor and the general assembly its final plan for the permanent
22 administrative structure
for higher education. As
a
requisite
element
of
the
administrative
23 structure for higher education, the board of education shall establish a plan for distributing the
24 assets, responsibilities, powers, authorities, and duties of the office of higher education to the
25 three (3) higher education institutions and appropriate state agencies. Said distribution shall be
26 done in a manner designed to maximize efficiency, provide greater articulation of the respective
27 responsibilities of elementary and secondary and higher education, and ensure that students are
28 prepared to succeed in school, college, careers, and life. The permanent governance structure for
29 higher education shall, at a minimum: (1) Provide
clear guidance on statutory, legal,
financial and
30 contractual obligations; (2) Establish a policy framework that furthers the goals of this chapter;
31 and (3)
Establish appropriate administrative
structures,
support, policies and
procedures.
32 Effective July 1,
2014, the office of higher education
shall be
abolished.
33 (g) The chair of the board of education shall consult with the chairs of the council on
34 elementary and secondary education, the council on postsecondary education, the commissioner
1 of elementary and secondary education, and the commissioner of postsecondary education in
2 developing agendas,
goals, policies and
strategic
plans for the board.
3 16-97-6. Reporting requirements. -- The board shall submit periodic reports an annual
4 report to the governor, speaker of the house, senate president, chairs of the house and senate
5 finance committees and their respective fiscal advisors, the chair of the house health, education
6 and welfare committee, and chair of the senate education committee no later than March 1, 2015
7 and every March 1 thereafter on its progress towards implementation of this chapter. The first
8 report shall be submitted no later than April 1, 2013 and quarterly thereafter until January 1,
9 2014. It shall submit a report annually thereafter through 2018.
10 SECTION 9. Chapter 16-97 of the General Laws entitled "The
Rhode Island Board of
11 Education
Act" is
hereby amended
by adding thereto the following sections:
12 16-97-1.1.
Purposes of the
board of education. -- The Rhode Island Board of Education
13 shall be responsible for long-range planning and for coordinating and evaluating policies and
14 programs for the public educational systems of the state. The general assembly finds and declares
15 that the
board
of
education shall have the following purposes:
16 (a) To develop and adopt educational, financial and operational goals for the education
17 systems of the state that represent achievable benchmarks for a ten (10) year and (20) twenty (20)
18 year time frame and that can be implemented by the council on elementary and secondary
19 education, the council on postsecondary education, and the commissioners for elementary and
20 secondary education and
postsecondary education;
21 (b) To ensure that the education systems of the state are aligned with the projected
22 opportunities
in workforce
development and economic
development and that
the education
23 systems are
preparing students to participate in the
future
workforce
of
Rhode Island;
24 (c) To coordinate programs and courses of study and promote collaboration between and
25 among pre-kindergarten through higher education institutions and agencies, including, but not
26 limited to:
27 (1) improving career and college
readiness;
28 (2) reducing the
need for remedial instruction;
29 (3) implementing and
coordinating common
core and other system wide standards;
30 (4) ensuring a quality system for adult education and certification programs in secondary
31 school and college.
32 (d) To present
strategic budget
and finance
recommendations to
the council on
33 elementary and
secondary education and
council on postsecondary education that are
aligned with
34 the long-range goals adopted by the board.
1 16-97-1.2. Powers and duties of the board of education. -- The board of education
2 shall have
the
following powers
and
duties:
3 (a) To
develop
and adopt
a
strategic plan defining
broad goals and objectives for
4 education in the state. These goals and objectives shall be expressed in terms of the future
5 educational attainment of the population, quality of life and economy of Rhode Island, including
6 but not limited to what children, men and women should know and be able to do as a result of
7 their educational experience and the contributions of education to meeting the workforce and
8 economic development needs of Rhode Island. The board shall approve the strategic plans for
9 elementary and secondary education and postsecondary education in terms of the alignment of
10 these strategic plans with the overall strategic plan of the board of education. The board shall
11 continuously evaluate the efforts of the council on elementary and secondary education and the
12 council on postsecondary education to implement the strategic plans and shall review the results
13 of education in the light of these
objectives;
14 (b) To prepare and maintain a five (5) year strategic funding plan for all levels of
15 education
in Rhode Island.
The board shall determine
priorities
of
expenditures for public
16 education purposes of state revenues and other public resources made available for the support of
17 public education and direct the
council on elementary and secondary education and the council on
18 postsecondary education to implement those priorities when developing the annual budget for
19 elementary and secondary
education and higher education.
The councils shall present their annual
20 budgets to the board for its review and consent. Nothing contained in this subdivision shall
21 authorize the
board to alter the allocation of grants or aid
otherwise provided
by law;
22 (c) To develop and submit to the general assembly for approval a performance funding
23 formula for public higher education that furthers the purposes of the board and ensures that all
24 students may achieve educational excellence;
25 (d) To develop policies that maximize the potential of collaboration from elementary and
26 secondary education through higher education systems and that improve efficiencies at all levels
27 of the education system through
improved
coordination of activities;
28 (e) To embrace the legislative findings regarding virtual education established by section
29 16-22.1-2 of the general laws and adopt goals and policies that address these findings and to
30 encourage the council on elementary and secondary education and the council for postsecondary
31 education to develop and
or
improve virtual learning experiences for Rhode Island students;
32 (f) To
approve the appointment
of
a
commissioner
of elementary
and
secondary
33 education.
34 (g) To approve the appointment of a
commissioner of postsecondary education.
1 (h) To conduct a training
course for newly appointed and qualified
board members within
2 six (6) months of their qualification. The course shall be developed by the chairperson of the
3 board, approved by the board, and conducted by the chairperson of the board. The board may
4 approve the use of any board or staff members or other individuals to assist with training. The
5 training course shall include instruction in the following areas: the provisions of chapters 42-46,
6 36-14, and 38-2; and the board's
own rules.
7 SECTION 10. Sections 16-97-2 and 16-97-3 of the General Laws in Chapter 16-97
8 entitled "The Rhode
Island Board of Education
Act" are hereby repealed.
9 16-97-2. Executive agents of the state
board of education. -- The state board of
10 education
shall appoint a
Commissioner of Elementary and Secondary Education who
shall be the
11 board's executive agent in matters pertaining to elementary and secondary education and who
12 shall have the duties established in R.I.G.L. 16-60-6. The state board of education shall also
13 appoint a Commissioner of Higher Education who shall be the board's executive agent in matters
14 pertaining to higher education and who shall have the duties established in R.I.G.L. 16-59-6. The
15 Commissioners shall be employees of the board in the unclassified service and shall not be
16 members of the
board and shall serve at the pleasure of the
board.
17 16-97-3. Executive committee of education. -- (a) There is established an executive
18 committee
of education that shall be composed of the president of the University
of Rhode
Island,
19 the president of Rhode Island College, the president of Community College of Rhode Island, the
20 commissioner of higher education, and the commissioner of elementary and secondary education.
21 The commissioner of higher education shall serve
as the chairperson
of the committee.
22 (b) The committee shall meet on a regular basis, provided, that they shall meet not less
23 than twelve (12) times per year, and the purpose of the committee
shall include,
but
not be limited
24 to, developing coherent plans for the elimination of unnecessary duplication in public education
25 and addressing the future needs of public education within the state in the most efficient and
26 economical manner possible. All recommendations and information gathered at the meetings of
27 the committee shall be forwarded to the board of education for final action of the board of
28 education.
29 (c) Prior to the presentation of any proposal to the board of governors, the committee
30 shall fully examine its impact on public education, including, but not limited to, its impact on
31 educational
budgetary
requirements,
quality of education
and
elimination of
unnecessary
32 duplication. The chairperson of the committee may invite additional participation by faculty and
33 other employees when he
or
she deems it necessary.
34 SECTION
11. This article
shall take
effect upon
passage.
1 ARTICLE 21
=======
art.021/4/021/3/021/2/021/1
=======
2 RELATING TO TRANSPORTATION
3 SECTION 1. Sections 24-12-26 and 24-12-40.0 of the General Laws in Chapter 24-12
4 entitled "Rhode Island Turnpike and Bridge Authority" are
hereby amended
to read as follows:
5 24-12-26. Power to
collect tolls
and charges -- Gasoline
and service concessions. --
(a)
6 The authority is hereby authorized, subject to the provisions of this chapter, to fix, revise, charge
7 and collect tolls for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River
8 Bridge (subject to federal regulations and approvals), the turnpike and the different parts or
9 sections thereof, and for the use of any additional facility and the different parts or sections
10 thereof, and to contract with any person, partnership, association or corporation for placing on
11 any project
telephone,
telegraph, electric
light or power
lines, gas
stations, garages, and
12 restaurants if deemed necessary by the authority in connection with the project, or for the use of
13 any project or part thereof, including the right-of-way adjoining the paved portion of the turnpike
14 or of any additional facility or for any other purposes and to fix the terms, conditions, rents and
15 rates of charges for such use; provided, that the authority shall construct any gasoline service
16 facilities which it may determine are needed on the project, and provided, further, that, to afford
17 users of the project a reasonable choice of motor fuels of different brands, each gasoline service
18 station
shall be separately offered
for
lease upon sealed bids and,
after notice of the offer has been
19 published once a week in three (3) consecutive weeks in a newspaper having general circulation
20 in the state, and, in the event an acceptable bid shall be received in the judgment of the authority,
21 each lease shall be awarded to the highest responsible bidder therefor, but no person shall be
22 awarded or have the use of, nor shall motor fuel identified by the trade-marks, trade names, or
23 brands of any one supplier, distributor, or retailer of such fuel be sold at more than one service
24 station if they
would
constitute more than twenty-five percent (25%) of the
service stations on the
25 project. Notwithstanding the provisions of
this section,
members of the town of Jamestown police
26 and fire department and ambulance service personnel of the town of Jamestown and Jamestown
27 school department who, in the course of their duty, are required to pay a toll for use of the
28 Newport Bridge, shall, upon the presentment of receipts for the payment of the toll to the town of
29 Jamestown, be reimbursed for all charges on an annual basis by the town of Jamestown who in
30 turn shall be reimbursed for all payments made by the state. Notwithstanding the provisions of
1 this section, members of the city of Newport
police and fire department and rescue personnel
2 who, in the course of their duty, are required to pay a toll for use of the Newport Bridge, shall,
3 upon the presentment of receipts for the payment of the toll to the city
of Newport, be reimbursed
4 for all charges on an annual basis by the city of Newport who in turn shall be reimbursed for all
5 payments
made by the state.
6 (b) Notwithstanding the
provisions
of
this
section,
members of the
police and fire
7 department and rescue personnel of any city or town in this state who, in the course of their duty,
8 are required to pay a toll for use of the Mount Hope Bridge or the Sakonnet River Bridge, shall,
9 upon the presentment of receipts for the payment of the toll to their town or city, be reimbursed
10 for all such charges on
an annual basis by
the town or city, who
in turn
shall be reimbursed for all
11 payments
made by the state.
12 24-12-40.F. Title to Sakonnet River Bridge vested in Rhode Island turnpike and
13 Bridge authority -- Institution of tolls. -- All powers, control, and
jurisdiction of and title to the
14 Sakonnet River Bridge is authorized to be transferred to the Rhode Island turnpike and bridge
15 authority. Beginning August 19, 2013,
and concluding on June 30, 2014 the authority may charge
16 and collect tolls for the use of the Sakonnet River Bridge to provide funds sufficient with any
17 other monies available therefor for paying the costs of acquiring, leasing, maintaining, repairing
18 and operating, the Jamestown Verrazzano Bridge, the Mount Hope Bridge, the Newport Bridge,
19 and the Sakonnet River Bridge, the turnpike and additional facilities. Provided, however, until
20 April 1, 2014, the
toll imposed
on the
Sakonnet River Bridge shall not exceed ten cents ($0.10).
21 SECTION
2. Section
31-3.1-6
of
the General
Laws in
Chapter
31-3.1
entitled
22 "Certificates of Title and Security Interests" is
hereby amended
to read as follows:
23 31-3.1-6. Issuance and records. -- (a) The division of motor vehicles shall file each
24 application received and, when satisfied as to its genuineness and regularity
and that the applicant
25 is entitled
to the issuance
of
a certificate of title, shall issue, upon payment of a fee of fifty dollars
26 ($50.00), a certificate of title
of the
vehicle.
27 (b) The division of motor vehicles shall maintain
a record of all certificates of title issued
28 by it:
29 (1) Under a distinctive title number assigned
to
the vehicle;
30 (2) Under the identifying number of the vehicle;
31 (3) Alphabetically,
under the name of the
owner; and
32 (4) At the discretion of the division of motor vehicles, in
any other method it determines.
33 (c) Title searches, lien searches, and other transactions not
cited and involving
titles shall
34 be conducted upon
payment of a fee of fifty dollars ($50.00).
1 (d) Beginning in fiscal year 2015 all fees collected pursuant to this section shall be
2 deposited into the
Rhode Island highway
maintenance account.
3 SECTION 3. Section 31-34.1-2 of the General Laws in Chapter 31-34.1 entitled "Rental
4 Vehicle Surcharge" is
hereby amended
to
read as follows:
5 31-34.1-2.
Rental vehicle surcharge. -- (a) Each
rental company shall collect,
at the
time
6 a motor vehicle is rented in this state, on each rental contract, a surcharge equal to eight percent
7 (8.0%) of gross receipts
per
vehicle on all rentals
for each
of the first thirty (30) consecutive days.
8 The surcharge shall be computed prior to the assessment of any applicable sales taxes, provided,
9 however, the surcharge shall be subject to the sales tax.
10 (b) The surcharge shall be included on the rental contract and collected in accordance
11 with the terms of the rental contract. Sixty
percent (60%) of the surcharge shall be retained by
the
12 rental company in accordance with this section and subsection (c), and forty percent (40%) of the
13 surcharge shall be remitted to the state for deposit in the general fund, on a quarterly basis in
14 accordance with a schedule adopted by the tax administration. Each rental company collecting
15 and retaining surcharge amounts may reimburse itself in accordance with this section from the
16 funds retained for the total amount of motor vehicle licensing fees, title fees, registration fees and
17 transfer fees paid to
the state
of
Rhode Island and
excise
taxes imposed
upon the
rental
18 companies' motor vehicles during the prior calendar year; provided, that rental companies shall
19 not be authorized to reimburse themselves for title fees, motor vehicles licensing fees, transfer
20 fees, registration fees and excise taxes unless those fees and taxes shall have been assessed and
21 paid in full to the state or appropriate
city
or town prior to any reimbursement. No
reimbursement
22 shall be allowed upon the
prepayment of any fees or excise taxes.
23 (c) At a date to be set by the state tax administrator, but not later than February 15th of
24 any calendar year,
each rental company shall, in addition to filing a quarterly remittance form, file
25 a report with the state tax administrator on a form prescribed by him or her, stating the total
26 amount of motor vehicles licensing fees, transfer fees, title fees, registration fees and excise taxes
27 paid by the rental company in the previous year. The amount, if any, by which the surcharge
28 collections exceed the amount of licensing fees, title fees, transfer fees, registration fees and
29 excise taxes paid shall be remitted by the rental company to the state of Rhode Island for deposit
30 in the general Rhode Island highway
maintenance fund beginning in fiscal year 2015.
31 SECTION 4. Sections 31-36-7 and 31-36-20 of the General Laws in Chapter 31-36
32 entitled "Motor Fuel Tax" are hereby amended to read as follows:
33 31-36-7. Monthly report of distributors -- Payment of tax. -- (a) State requirements. -
34 Every distributor shall, on
or before the twentieth
(20th) day of each month, render a report to the
1 tax administrator, upon forms to be obtained from the tax administrator, of the amount (number
2 of gallons) of fuels purchased, sold, or used by the distributor within this state and the amount of
3 fuels sold by the distributor without this state from fuels within this state during the preceding
4 calendar month, and, if required by the tax administrator as to purchases, the name or names of
5 the person or persons from whom purchased and the date and amount of each purchase, and as to
6 sales, the name or names of the person or persons to whom sold and the amount of each sale, and
7 shall pay at the same time to
the administrator tax at the
rate
of thirty-two cents
($0.32) per gallon
8 on all taxable gallons of fuel sold or used
in
this state.
9 (b) Federal requirements. - In the event the federal government requires a certain portion
10 of the gasoline tax to be dedicated for highway
improvements, then the state controller is directed
11 to establish a restricted receipt account and deposit that portion of gasoline tax receipts which
12 brings
the state into federal compliance.
13 Beginning July 1, 2015 and every other year thereafter, the gasoline tax shall be adjusted
14 by the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as
15 published by the United States Department of Labor Statistics determined as of September 30 of
16 the prior calendar year; said adjustment shall be compounded
annually and shall be rounded to
17 the nearest one cent ($.01) increment, provided that the total tax shall not be less than provided
18 for in section (a).
19 31-36-20. Disposition of proceeds. -- (a) Notwithstanding any other provision of law to
20 the contrary, all moneys paid into the general treasury under the provisions of this chapter or
21 chapter 37 of this title, and title 46 shall be applied to and held in a separate fund and be
22 deposited in any depositories that may be selected by the general treasurer to the credit of the
23 fund, which fund
shall be known
as the Intermodal Surface Transportation Fund; provided, that in
24 fiscal
year 2004
for
the months of July through
April
six and
eighty-five hundredth
cents
25 ($0.0685) per gallon of the tax imposed and accruing for the liability under the provisions of
26 section 31-36-7, less refunds and credits, shall be transferred to the Rhode Island public transit
27 authority as provided under section 39-18-21. For the months of May and June in fiscal year
28 2004, the allocation shall be five and five hundredth cents ($0.0505). Thereafter, until fiscal year
29 2006, the allocation shall be six and twenty-five hundredth cents ($0.0625). For fiscal years 2006
30 through
FY 2008, the
allocation shall
be seven and twenty-five hundredth cents ($0.0725);
31 provided, that expenditures shall include the costs of a market survey of non-transit users and a
32 management study of the agency to include the feasibility of moving the Authority into the
33 Department of Transportation,
both to be conducted under the
auspices of the state budget officer.
34 The state budget officer shall hire necessary consultants to perform the studies, and shall direct
1 payment by the Authority. Both studies shall be transmitted by the Budget Officer to the 2006
2 session of the General Assembly, with comments from the Authority. For fiscal year 2009, the
3 allocation shall be seven and seventy-five hundredth cents ($0.0775), of which one-half cent
4 ($0.005) shall be derived from the one cent ($0.01) per gallon environmental protection fee
5 pursuant to section 46-12.9-11. For fiscal years 2010 and thereafter, the allocation shall be nine
6 and seventy-five hundredth cents ($0.0975), of which of one-half cent ($0.005) shall be derived
7 from the one cent ($0.01) per gallon environmental protection fee pursuant to section 46-12.9-11.
8 One cent ($0.01) per gallon shall be transferred to the Elderly/Disabled Transportation Program
9 of the department of human services, and the remaining cents per gallon shall be available for
10 general revenue as determined by the following schedule:
11 (i) For the fiscal year 2000, three and one fourth cents ($0.0325) shall be available for
12 general revenue.
13 (ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for
14 general revenue.
15 (iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general
16 revenue.
17 (iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for
18 general revenue.
19 (v) For the months of July through April in fiscal year 2004, one and four-tenths cents
20 ($0.014) shall be available for general revenue. For the months of May through June
in fiscal year
21 2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter,
22 until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year
23 2006 through
fiscal year 2009 one cent ($0.01) shall be available for general revenue.
24 (2) All deposits and transfers of funds made by the tax administrator under this section,
25 including those to
the
Rhode Island public
transit authority, the
department of human services and
26 the general fund, shall be
made within twenty-four (24) hours
of receipt or previous
deposit of the
27 funds in question.
28 (3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of
29 Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined
30 by the
Director of the Rhode
Island
Department of Transportation, or his
or
her designee, or
at the
31 election of the Director of the Rhode Island Department of Transportation, with the approval of
32 the Director of the Department of Administration, to an indenture trustee, administrator, or other
33 third party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax
34 imposed, in order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint
1 Resolution and Enactment Approving the Financing of Various Department of Transportation
2 Projects
adopted
during
the 2003
session
of
the
General Assembly, and approved
by
the
3 Governor.
4 (4) Commencing
in fiscal
year 2015,
three and one-half
cents
($0.035)
shall
be
5 transferred to the Rhode Island Turnpike and Bridge Authority to be used for maintenance,
6 operations, capital expenditures and debt service in
lieu of a toll on
the
Sakonnet River Bridge.
7 (b) Notwithstanding any other provision of law to the
contrary, all other funds in
the
fund
8 shall be dedicated to the department of transportation, subject to annual appropriation by the
9 general assembly. The director of transportation shall submit to the general assembly, budget
10 office and office of the governor annually an accounting of all amounts deposited in and credited
11 to the fund together with a budget for proposed expenditures for the succeeding fiscal year in
12 compliance with sections 35-3-1 and 35-3-4. On order of the director of transportation, the state
13 controller is authorized and directed to draw his or her orders upon the general treasurer for the
14 payments of any sum or portion of the sum that may be required from time to time upon receipt
15 of properly authenticated
vouchers.
16 (c) At any time the amount of the fund is insufficient to fund the expenditures of the
17 department of transportation, not to exceed the amount authorized by the general assembly, the
18 general
treasurer is
authorized, with the
approval
of
the governor
and
the director of
19 administration,
in anticipation
of the receipts of
monies
enumerated in section 31-36-20 to
20 advance sums to the fund, for the purposes specified in section 31-36-20, any funds of the state
21 not specifically held for any particular purpose. However, all the advances made to the fund shall
22 be returned to the general fund immediately upon the receipt by the fund of proceeds resulting
23 from the receipt of monies
to the extent of the advances.
24 SECTION 5. Sections 31-41.1-7 and 31-41.1-11 of the General Laws in Chapter 31-41.1
25 entitled "Adjudication
of
Traffic
Offenses" are hereby amended
to read as follows:
26 31-41.1-7. Application for dismissal based on good driving record. -- (a) Any person
27 who has had a motor vehicle operator's license for more than three (3) years, and who has been
28 issued traffic violations which are his or her first violations within the preceding three (3) years,
29 may request a hearing seeking a dismissal of the violations based upon the operator's good
30 driving record.
31 (b) Upon submission of proper proof that the operator has not been issued any other
32 traffic violation within the past three (3) years, the charge shall, except for good cause shown or
33 as otherwise provided by law, be dismissed based upon a good driving record; provided, that the
34 operator pay a thirty-five dollar ($35.00) administrative fee for court costs associated with the
1 dismissal. Additionally, beginning July 1, 2014, there shall be imposed a twenty-five dollar
2 ($25.00) surcharge on all dismissals based upon a good driving record to be deposited into the
3 Rhode Island highway maintenance account.
4 (c) The traffic tribunal may not dismiss a charge pursuant to this section after six (6)
5 months from the date of disposition. For purposes of this section, a parking ticket shall not
6 constitute
a prior violation.
7 (d) The
following violations
shall not be
dismissed pursuant to this
statute:
8 (1) Any violation within the
original jurisdiction of
superior or district court;
9 (2) A refusal to
submit to a chemical test of breath, blood
or urine pursuant to
section 31-
10 27-2.1;
11 (3) Any violation involving a
school bus;
12 (4) Any violation
involving
an accident where there
has
been property
damage or
13 personal injury;
14 (5) Any speeding violation in excess of fourteen miles per hour (14 m.p.h.) above the
15 posted
speed limit;
16 (6) Any violation involving child restraints in motor vehicles pursuant to section 31-22-
17 22;
18 (7) Any violation committed by a holder of a commercial license as defined in section
19 31-10.3-3 or any violation committed in a commercial motor vehicle as defined in section 31-
20 10.3-3 by an
operator who does not hold
a commercial license.
21 (e) If the charge is dismissed pursuant to this section, records of the dismissal shall be
22 maintained for a period of three (3) years.
23 (f) The judge or magistrate shall have the discretion to waive court costs and fees when
24 dismissing a violation pursuant to this section, with the exception of the mandatory thirty-five
25 dollars ($35.00) administrative fee
and the twenty-five dollar ($25.00) surcharge provided for in
26 section 31-41.1-7(b).
27 SECTION 6. Section 31-47.1-11 of the General Laws in Chapter 31-47.1 entitled "Motor
28 Vehicle Emissions Inspection
Program"
is hereby amended
to read as
follows:
29 31-47.1-11. Fees. -- (a) Beginning in fiscal year 2015, a A fee of
thirty-nine dollars
30 ($39.00) fifty-five dollars ($55.00) is to be charged for each motor vehicle inspected. The amount
31 of fees collected shall provide for the cost of the inspection, the costs of administering the motor
32 vehicle emissions inspection program and other costs provided by law. The fee must be paid for
33 each motor vehicle
inspected
at an
emissions inspection
station
at
the time of the inspection
and is
34 payable whether a compliance certificate, waiver certificate, or no certificate is issued. There
1 shall be no fee charged for one reinspection of a vehicle that failed an initial inspection when the
2 reinspection is
conducted at the AIRS that conducted the initial inspection.
3 Of the thirty-nine dollar ($39.00) fifty-five dollar ($55.00) fee, nineteen dollars ($19.00)
4 shall be retained by the inspection station owner to cover the costs of performing the inspection.
5 The Of the remaining twenty dollars ($20.00) thirty-six dollars ($36.00), sixteen dollars ($16.00)
6 shall be deposited into the Rhode Island maintenance account shall be remitted to the program
7 manager. The
program manager shall retain no more
than four dollars
($4.00) of the fee and
remit
8 no less than sixteen dollars ($16.00) for deposit in the
state general fund Rhode Island highway
9 maintenance account. Be it further provided that twenty dollars ($20.00) generated from the fee
10 be deposited into the Rhode Island highway maintenance fund
according
to the
schedule provided
11 in subsection(b) of § 39-18.1-5. The general assembly shall annually appropriate such sums as
12 may
be required
to cover the costs of administering the
program by
the
division of motor vehicles
13 and the
department of environmental management.
14 (b) The general assembly shall on or before June 30th of each calendar year review the
15 costs and fees associated with the program with the goal of eliminating all fees being directed to
16 the general fund and to eliminate all costs and fees not directly related and necessary to pay the
17 costs of administering the motor vehicle emission inspection program as required under 40 CFR
18 51.354(a).
19 SECTION 7. Sections 39-18.1-4 and 39-18.1-5 of the General Laws in Chapter 39-18.1
20 entitled
"Transportation
Investment and Debt Reduction Act of 2011" are hereby amended
to read
21 as follows:
22 39-18.1-4. Rhode Island highway maintenance account created. -- (a) There is hereby
23 created a special account in the intermodal surface transportation fund as established in section
24 31-36-20 that is to be known as the Rhode Island highway maintenance account. (b) The fund
25 shall consist of all those moneys which the state may from time to time direct to the fund,
26 including, not necessarily limited to, moneys derived from the following sources:
(1) There is
27 imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than those with specific
28 registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid by each vehicle
29 or truck owner in order to register that owner's vehicle or truck and upon each subsequent
30 biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00) each
31 year. The total surcharge will be ten dollars ($10.00) from July 1, 2013 through June 30, 2014,
32 twenty dollars ($20.00) from July
1, 2014 through June 30, 2015, and
thirty dollars ($30.00) from
33 July 1, 2015 through June 30, 2016 and each year thereafter. (i) For owners of vehicles or trucks
34 with the following plate
types, the
surcharge
shall be as set forth
below and shall be
paid in full in
1 order to register the vehicle or truck and
upon each subsequent renewal:
2 Plate Type Surcharge
3 Antique $5.00
4 Farm $10.00
5 Motorcycle $13.00
6 (ii) For
owners of trailers, the
surcharge
shall
be one-half
(1/2) of the biennial
7 registration amount and
shall be paid in full in order to register the trailer and
upon each
8 subsequent renewal.
9 (2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other
10 than those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or
11 trucks subject to annual registration, to be paid annually by each vehicle or truck owner in order
12 to register that owner's vehicle, trailer or truck and
upon each subsequent annual registration. This
13 surcharge will be phased in at the rate of five dollars ($5.00) each year. The total surcharge will
14 be five dollars ($5.00) from July 1, 2013 through June 30, 2014, ten dollars ($10.00) from July 1,
15 2014 through June 30, 2015,
and fifteen dollars ($15.00) from July 1,
2015 through June
30, 2016
16 and each year thereafter.
17 (i) For registrations of the following plate types, the surcharge shall be as set forth below
18 and shall be
paid in full in order to register the
plate,
and upon each subsequent renewal:
19 Plate Type Surcharge
20 Boat Dealer $6.25
21 Cycle Dealer $6.25
22 In-transit $5.00
23 Manufacturer $5.00
24 New Car Dealer $5.00
25 Used
Car
Dealer $5.00
26 Racer Tow $5.00
27 Transporter $5.00
28 Bailee $5.00
29 (ii) For owners of trailers, the surcharge shall be one-half (1/2) of the annual registration
30 amount and
shall be
paid in full in order to register the trailer and
upon each subsequent renewal.
31 (iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars
32 and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five
33 cents ($6.25) from July 1, 2013 through June 30, 2014 and twelve dollars and fifty cents ($12.50)
34 from July 1, 2014
through June 30, 2015
and each year thereafter.
1 (3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor
2 vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This
3 surcharge will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will
4 be ten dollars ($10.00) from July 1, 2013 through June 30, 2014, twenty dollars ($20.00) from
5 July 1, 2014 through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015 through June
6 30, 2016 and each year thereafter. In the event that a license is issued or renewed for a period of
7 less than five (5) years, the surcharge will be prorated according to the period of time the license
8 will be valid.
9 (c) All funds collected pursuant to this section shall be deposited in the Rhode Island
10 highway maintenance account and shall be
used
only for the purposes set forth in this chapter.
11 (d) Unexpended balances and any
earnings thereon shall not revert to the
general fund but
12 shall remain in the Rhode Island highway maintenance account. There shall be no requirement
13 that monies received into the Rhode Island highway maintenance account during any given
14 calendar year or fiscal year be expended during the same
calendar year or fiscal year.
15 (e) The Rhode Island highway maintenance account shall be administered
by the director,
16 who shall allocate and spend monies from the fund only in accordance with the purposes and
17 procedures set forth in this chapter.
18 (4) All fees assessed pursuant to 31-47.1-11, title 31, chapters 3, 6, 10, and 10.1 shall be
19 deposited into the Rhode Island Highway maintenance account, provided that for fiscal years
20 2016, 2017 and 2018 these fees be transferred
as follows:
21 (i) From July 1, 2015
through June 30, 2016, twenty-five percent (25%)
will be
22 deposited;
23 (ii) From
July 1, 2016 through
June
30,
2017,
seventy-five
percent (75%) will be
24 deposited; and
25 (iii) From July 1, 2017 and each year thereafter, one hundred percent (100%) will be
26 deposited;
27 (5) All remaining funds from previous general obligation bond issues that have not
28 otherwise
been allocated.
29 39-18.1-5. Allocation of funds. -- (a) The monies in the highway maintenance fund to
30 be directed to the department of transportation pursuant to subdivision (a)(1) of this section shall
31 be allocated through the transportation improvement program process to provide the state match
32 for federal transportation funds, in place of borrowing, as approved by the state planning council.
33 The expenditure
of
moneys in the
highway maintenance
fund shall only be
authorized for projects
34 that appear in the state's
transportation improvement program.
1 (b) Provided however, that beginning with fiscal year 2015 and annually thereafter, the
2 department of transportation will allocate necessary funding to programs that are designed to
3 eliminate structural
deficiencies of the
state's
bridge,
road and maintenance
systems and
4 infrastructure.
5 (c) Provided further that beginning July 1, 2015, five percent (5%) of available proceeds
6 in the Rhode Island Highway maintenance account shall be allocated annually to the Rhode
7 Island public transit authority for operating expenditures.
8 SECTION
8. This article shall take effect upon
passage.
9
1 ARTICLE 22
=======
art.022/5/022/4/022/3
=======
2 RELATING TO EDUCATION
3 SECTION
1. Section
16-7-41.1
of
the General
Laws in
Chapter 16-7 entitled
4 "Foundation Level School Support [See Title 16 Chapter 97 - The Rhode Island Board Of
5 Education
Act]"
is hereby amended to
read
as follows:
6 16-7-41.1. Eligibility for reimbursement.. -- (a) School districts, not municipalities,
7 may apply for and obtain
approval for a
project under the
necessity of school construction
process
8 set forth in the regulations of the board of regents for elementary and secondary education,
9 provided, however, in the case of municipality which issues bonds through the Rhode Island
10 Health and Educational Building Corporation to finance or refinance school facilities for a school
11 district which is not part of the municipality, the municipality may apply for and obtain approval
12 for a project. Such approval will remain valid until June 30 of the third fiscal year following the
13 fiscal year in which the board of regents for elementary and secondary education's approval is
14 granted. Only those projects undertaken at school facilities under the care and control of the
15 school committee and located on school property may qualify for reimbursement under sections
16 16-7-35 -- 16-7-47. Facilities with combined school and municipal uses or facilities that are
17 operated jointly with any other profit or non-profit agency do not qualify for reimbursement
18 under sections 16-7-35 -- 16-7-47. Projects completed by June 30 of a fiscal year are eligible for
19 reimbursement in the following fiscal year. A project for new school housing or additional
20 housing shall be deemed to be completed when the work has been officially accepted by the
21 school committee or when the housing is occupied for its intended use by the school committee,
22 whichever is earlier.
23 (b) Notwithstanding the provisions of this section, the board of regents shall not grant
24 final approval for any project between June 30, 2011 and
June 30, 2014 May 1, 2015 except for
25 projects that are necessitated by
immediate health
and safety reasons. In the event that a project is
26 requested during
the
moratorium because of immediate health and safety
reasons, those proposals
27 shall be reported to
the chairs of the
house and senate
finance committees.
28 (c) Any
project
approval granted
prior
to the
adoption of the
school
construction
29 regulations in 2007, and which are currently inactive; and any project approval granted prior to
30 the adoption of the school construction regulations in 2007 which did not receive voter approval
31 or which has not been previously financed, are no longer eligible for reimbursement under
this
32 chapter. The department of elementary and secondary education shall develop recommendations
1 for further cost containment strategies in the school housing aid program.
2 SECTION
2. This article shall take
effect upon passage.
3
1 ARTICLE 23
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art.023/4/029/2/029/1
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2 RELATING TO EFFECTIVE DATE
3 SECTION 1. This act shall take effect as of July 1, 2014, except as otherwise provided
4 herein.
5 SECTION
2. This article shall take effect upon
passage.